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Bosis: Difference between revisions

From Halachipedia
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* Rashba 51a asks how the Baal Hameor could say that it isn't a bosis if one intends to remove it on Shabbat since every candle is like that since it is going to go out. The Rashba beitzah 2a s.v. ubet answers for the Baal Hameor that since one couldn't extinguish it during Ben Hashemashot it is a bosis even if one knew it wouldn't be a bosis for all of Shabbat. Alternatively, a candle is muktzeh machmat isur and not a bosis. See Shaarei Muktzeh p. 291 for explaining the Rashba.</ref>
* Rashba 51a asks how the Baal Hameor could say that it isn't a bosis if one intends to remove it on Shabbat since every candle is like that since it is going to go out. The Rashba beitzah 2a s.v. ubet answers for the Baal Hameor that since one couldn't extinguish it during Ben Hashemashot it is a bosis even if one knew it wouldn't be a bosis for all of Shabbat. Alternatively, a candle is muktzeh machmat isur and not a bosis. See Shaarei Muktzeh p. 291 for explaining the Rashba.</ref>
===Unintentional===
===Unintentional===
# If money or any other [[muktzeh]] item was left unintentionally on a table, one may learn on the table on [[Shabbat]] if it isn’t certain that learning there will cause the money to move. <Ref> The Mishnah ([[Shabbat]] 142b) states that if one wants to move a barrel on [[Shabbat]] and a rock was left on top of the barrel from before [[Shabbat]], he may tilt the barrel so that the rock falls off and then move the barrel. The Gemara limits this to a case in which the rock was left unintentionally; however, if the rock was left on top of the barrel intentionally, one may not move the barrel at all, as it is considered a bosis for [[muktzeh]], serving as a support of the [[muktzeh]] item. The Mishnah explains if one isn’t able to tilt off the rock, such as if there’s a fear of it breaking other barrels nearby when it is tilting off, one may move the barrel with the rock on top until one reaches a places where one can safely remove the rock. The Rambam ([[Shabbat]] 25:17), Tur, and S”A 309:4 codify this as Halacha.  
# If money or any other [[muktzeh]] item was left unintentionally on a table, one may learn on the table on [[Shabbat]] if it isn’t certain that learning there will cause the money to move. <Ref> The Mishnah ([[Shabbat]] 142b) states that if one wants to move a barrel on [[Shabbat]] and a rock was left on top of the barrel from before [[Shabbat]], he may tilt the barrel so that the rock falls off and then move the barrel. The Gemara limits this to a case in which the rock was left unintentionally; however, if the rock was left on top of the barrel intentionally, one may not move the barrel at all, as it is considered a bosis for [[muktzeh]], serving as a support of the [[muktzeh]] item. The Mishnah explains if one isn’t able to tilt off the rock, such as if there’s a fear of it breaking other barrels nearby when it is tilting off, one may move the barrel with the rock on top until one reaches a places where one can safely remove the rock. The Rambam ([[Shabbat]] 25:17), Tur, and Shulchan Aruch O.C. 309:4 codify this as Halacha.  
* The Maharil ([[Shabbat]] n. 28) writes that one may learn on a table on which money was left because it isn’t a psik reisha that the coins will move. Olat [[Shabbat]] 309:2, Ba’eir Heiteiv 309:3, and Kaf HaChaim 309:11 codify this statement. Migdanot Eliyahu 2:69 infers that the case is where the coins didn’t make the table a bosis; otherwise, the Maharil should have been concerned with moving the table and not just the coins. Accordingly, Mishna Brurah (309:15 and Shaar HaTziyun 309:19) explains that had it been a psik reisha that one will move the coins, he would have to tilt off the money unless tilting it off would cause a loss (as in S”A 309:4). Additionally, he adds that the Maharil assumes that a psik reisha of a d’rabanan prohibition is forbidden, unlike the Trumat HaDeshen (see Magen Avraham 314:5).</ref>
* The Maharil ([[Shabbat]] n. 28) writes that one may learn on a table on which money was left because it isn’t a psik reisha that the coins will move. Olat [[Shabbat]] 309:2, Ba’eir Heiteiv 309:3, and Kaf HaChaim 309:11 codify this statement. Migdanot Eliyahu 2:69 infers that the case is where the coins didn’t make the table a bosis; otherwise, the Maharil should have been concerned with moving the table and not just the coins. Accordingly, Mishna Brurah (309:15 and Shaar HaTziyun 309:19) explains that had it been a psik reisha that one will move the coins, he would have to tilt off the money unless tilting it off would cause a loss (as in S”A 309:4). Additionally, he adds that the Maharil assumes that a psik reisha of a d’rabanan prohibition is forbidden, unlike the Trumat HaDeshen (see Magen Avraham 314:5).</ref>
# If one realizes that he left money in his pocket on [[Shabbat]], one may shake out the money and then wear the clothing. However, if one already is wearing the clothing, he may continue wearing it until he reaches a place where he can shake out the money. <Ref> The Beit Yosef 309:5 writes that if one forgets money in a pocket which is sewn onto the clothing at the top of the pocket and not along its entire side, the clothing does not become a bosis, as the money isn’t on top of the primary part of the clothing. Nonetheless, adds the Beit Yosef, it is forbidden to wear the clothing because of a prohibition that one may carry it on [[Shabbat]]. Rama 310:8 agrees.  
# If one realizes that he left money in his pocket on [[Shabbat]], one may shake out the money and then wear the clothing. However, if one already is wearing the clothing, he may continue wearing it until he reaches a place where he can shake out the money. <Ref> The Beit Yosef 309:5 writes that if one forgets money in a pocket which is sewn onto the clothing at the top of the pocket and not along its entire side, the clothing does not become a bosis, as the money isn’t on top of the primary part of the clothing. Nonetheless, adds the Beit Yosef, it is forbidden to wear the clothing because of a prohibition that one may carry it on [[Shabbat]]. Rama 310:8 agrees.  
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* Shemirat [[Shabbat]] KeHilchata 20:75 writes that if one realizes that one forgot money in his pocket only after he already is wearing the clothing and would be embarrassed to remove the clothing in order to shake out the [[muktzeh]], he may continue to wear the clothing until he reaches a place where he can shake out the [[muktzeh]].
* Shemirat [[Shabbat]] KeHilchata 20:75 writes that if one realizes that one forgot money in his pocket only after he already is wearing the clothing and would be embarrassed to remove the clothing in order to shake out the [[muktzeh]], he may continue to wear the clothing until he reaches a place where he can shake out the [[muktzeh]].
* The Chayei Adam 67:10 writes that if only a few insignificant coins were left in the pocket, they are nullified to the clothing because a person wouldn’t nullify the use of his clothing because of a few coins. Mishna Brurah 310:31 agrees. </ref>
* The Chayei Adam 67:10 writes that if only a few insignificant coins were left in the pocket, they are nullified to the clothing because a person wouldn’t nullify the use of his clothing because of a few coins. Mishna Brurah 310:31 agrees. </ref>
===Permission of Owner===
===Permission of Owner===
# If someone places an item on someone else's non-muktzeh item it doesn't make it a bosis unless he had permission to do so.<ref>Tosfot 44b s.v. yesh, Shitah LRan 44b s.v. lo yichda, Ritva 44b s.v. lo yichda. The Ritva explains that if someone places a muktzeh on top of non-muktzeh it doesn’t become a bosis because it is considered like it was forgotten there.</ref>
# If someone places an item on someone else's non-muktzeh item it doesn't make it a bosis unless he had permission to do so.<ref>Tosfot 44b s.v. yesh, Shitah LRan 44b s.v. lo yichda, Ritva 44b s.v. lo yichda. The Ritva explains that if someone places a muktzeh on top of non-muktzeh it doesn’t become a bosis because it is considered like it was forgotten there.</ref>