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Answer: The melacha of boneh (building) classically applies to the ground and things attached to it, e.g., buildings and their walls, floors, etc. It includes acts of building that are not done strongly (Shabbat 102b). (Although "there is no boneh for movable objects" (see Beitza 22a), in some cases, it applies also to them – Shulchan Aruch, Orach Chayim 314:1). A counter is attached to the house and therefore is subject to strict laws of boneh.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
571 - Ask the Rabbi: The Sick Fasting on Tisha B’av
572 - Ask the Rabbi: A Child Removing a Suction-Held Divider on Shabbat
573 - Ask the Rabbi: When Should an Onen Recite Havdala?
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We will look at three major factors in determining whether boneh/soter applies. 1) How firmly the addition is connected to the building – The Beit Yosef (OC 315, accepted by the Rama, OC 315:1 and Magen Avraham 315:1) says that the reason hanging curtains is permitted is that it can blow in the breeze, i.e., its attachment is weak. 2) How long it is to be connected – The Chazon Ish (OC 52:13), in arguing on the Beit Yosef’s claim that the curtain’s weak connection eliminates boneh, explains the gemara as referring to a case where the curtain will not remain for long. This distinction has a source in the gemara (Beitza 32b). It is unclear exactly how long the cutoff point is. 3) To what extent does the addition fit in as part of the edifice (stringent) or as a separate, albeit connected, entity with its own purpose (see Orchot Shabbat 8:(18); Piskei Teshuvot 313:4).
The way all the factors interact is complex. For example, something meant for a very short time or a very flimsily connection might be permitted by itself, whereas in more moderate cases, we might need and be able to combine multiple lenient factors (see Piskei Teshuvot ibid.).
Let us analyze your case. Contemporary poskim (Shemirat Shabbat K'hilchata 23:39; Orchot Shabbat 8:12) view suction cups as a moderately strong connector and as a candidate for it being forbidden to connect/remove. You use the divider to create a counter with separations; it has no independent utility. Therefore, grounds for leniency would have to be the length of its stay/ frequency of its removal. Even if your son takes it off frequently, the fact that this is not the intended use makes it likely that a Rabbinic extension of the prohibition, due to how the matter appears, applies (Mishna Berura 313:23).
Although a parent should not let a child who can be trained violate a halacha (Shulchan Aruch, OC 343:1), there is more room for leniency when he acts of his own volition and it is not fully clear it is forbidden. We have cited (see Living the Halachic Process II, C-13) the Shemirat Shabbat K’hilchata (16:(53)) as being lenient about a child’s toy when we would not let an adult do so under similar circumstances. However, part of the leniency is that the Rabbis probably did not extend their prohibitions to toys, and your divider is not a toy.
In closing, you should not reattach the divider on Shabbat. Whether to allow your son to remove it depends on specifics whose permutations we cannot exhaust. If you want your son to have it, consider removing the divider, which you apparently do not need constantly, before Shabbat.
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
