Seeking a Shady Exemption

Incidentally, many trees in my coastal neighborhood appeared somewhat dead after the remnants of Hurricane Isaias hit our area in early August. Those that were assumed dead started to sprout new leaves soon after. Indeed, my apple tree grew new leaves in August! (It already flowered in April.) It is growing new apples at the time of this writing.

Still, the Gemara states that the aforementioned solution is not viable. Both sources were specifically referring to dead trees. A tree that just appears dead cannot be what either source was referring to. So this attempted answer just doesn’t stick.

The Gemara offers another resolution to get to the root of the issue. Technically, dead trees may be utilized on Shabbos. But during the winter it is not readily apparent which trees are alive and which merely lost its leaves. Consequently, if someone leans on a dead tree in winter, an onlooker might assume that the poor sap is violating the rabbinic restriction of not leaning on trees. Therefore, as a rule, one may not lean on any tree in winter; he must leave it alone. However, during summer it is easy to distinguish between live trees and dead trees; therefore, one may lean on a dead tree.

Before the daveners rush to use this leniency, they have to realize that they may be barking up the wrong tree. The Gemara notes that Rav visited a certain locale and told the people there that they may not use any trees on Shabbos, dead or alive. The Gemara explains that in that locale, Torah knowledge was scarce and they couldn’t see the forest for the trees. Therefore, Rav wanted to make a rule that would be easily understandable for the young generation as well, since the apple doesn’t fall far from the tree.

Now that we all have logged many hours in fine Torah institutions, are we better than the people of that locale? Can we run rings around them? The Shulchan Aruch says no! The Shulchan Aruch (336:1) simply states, “One may not climb a tree, whether living or not.” The Sha’ar HaTziyun explains that this ruling is because the Shulchan Aruch is accepting Rav’s stringency. Leaning on a dead tree is rather shady. However, the Mishnah Berurah notes that the Rosh was of the opinion that as a matter of practical halachah, we can lean on dead trees during the summer. Rav never intended for his ruling to branch out to other locales. The Rosh finds support for his view from a statement a few lines later in the Gemara that says that nowadays we can be lenient. The true meaning behind the statement is debated by other Rishonim.

Since everyone agrees that according to the letter of the law one may lean on dead trees in the summer, perhaps it wouldn’t be going too far out on a limb to say that one can rely on the Rosh’s opinion.