General Laws of Muktzeh: Difference between revisions

From Halachipedia
No edit summary
No edit summary
Line 1: Line 1:
{{Good}}
{{Good}}
The Rabbis forbade moving certain items on [[Shabbat]] in order that one’s actions on [[Shabbat]] will be distinguished from the rest of the week. <Ref>Mishna Brurah (Intro to Siman 308) quoting the Rambam ([[Shabbat]] 24:12), Yalkut Yosef [[Shabbat]] Volume 2: page 304 </ref>
==Reasons for Muktzeh==
==Categories of Muktzeh==
The Rabbis forbade moving certain items on [[Shabbat]] in order that to ensure that one’s actions on [[Shabbat]] will be distinguished from one's actions the rest of the week. <Ref>Mishna Brurah (Intro to Siman 308) quoting the Rambam ([[Shabbat]] 24:12), Yalkut Yosef [[Shabbat]] Volume 2: page 304 </ref>
# There’s two general categories of [[Muktzeh]] 1) absolute [[Muktzeh]] and 2) prohibition of Tiltul. In general, items that are never used on [[Shabbat]] are considered absolute [[Muktzeh]], while items that are sometimes used fall into the second category. <Ref> The Weekly Halacha Discussion (vol 2 pg 335) breaks up [[Muktzeh]] into these two general categories, severe Muktzeh and light Muktzeh. </ref>
 
==Items that are excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4 </ref>
* Food Utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur S"A 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[talit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[talit]] bag <ref> Shalmei Yehuda 6:1 </ref>


==Ways of moving Muktzeh==
==Ways of moving Muktzeh==
Line 30: Line 10:
# It is permitted to move a [[Muktzeh]] item with one’s body. <Ref> The Mishnah ([[Shabbat]] 141a) states that one may push [[Muktzeh]] straw off of his bed with his body but not with his hands. The Gemara explains that this is based on the principle that indirect movement of [[Muktzeh]] is permitted. Based on the distinction of Tosfot (see note 1), Rabbeinu Yonah (cited by the Rosh {{ibid}}.) asks why indirect movement of [[Muktzeh]] is permitted if one’s intent is to move the [[Muktzeh]] item. The Rosh answers that moving [[Muktzeh]] with one’s body is permitted even if one’s intent is to move [[Muktzeh]], whereas direct movement of a non-[[Muktzeh]] item which in turn moves a [[Muktzeh]] item is permitted only if one’s intent is for the non-[[Muktzeh]] item. Tur and S”A 311:8 codify this as halacha.  
# It is permitted to move a [[Muktzeh]] item with one’s body. <Ref> The Mishnah ([[Shabbat]] 141a) states that one may push [[Muktzeh]] straw off of his bed with his body but not with his hands. The Gemara explains that this is based on the principle that indirect movement of [[Muktzeh]] is permitted. Based on the distinction of Tosfot (see note 1), Rabbeinu Yonah (cited by the Rosh {{ibid}}.) asks why indirect movement of [[Muktzeh]] is permitted if one’s intent is to move the [[Muktzeh]] item. The Rosh answers that moving [[Muktzeh]] with one’s body is permitted even if one’s intent is to move [[Muktzeh]], whereas direct movement of a non-[[Muktzeh]] item which in turn moves a [[Muktzeh]] item is permitted only if one’s intent is for the non-[[Muktzeh]] item. Tur and S”A 311:8 codify this as halacha.  
* The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig ({{ibid}}. p. 105-6) who connects this to the above dispute. </ref>
* The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig ({{ibid}}. p. 105-6) who connects this to the above dispute. </ref>
# It’s permissible to blow on [[Muktzeh]] to make it move if it’s for a permissible purpose. <Ref>S”A 308:43 and Rama 308:3 consider blowing on [[Muktzeh]] as indirect movement which can be moved for a permissible purpose. </ref>
# Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magan Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref>
# It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Ran on Rif (Shabbat 46b), Mishna Brurah 308:82 </ref>
===Touching Muktzeh===
# It is permitted to touch [[Muktzeh]] if it does not move. Some say that one may not touch [[Muktzeh]] if one’s intent is to serve the [[Muktzeh]] item. <Ref> The Yerushalmi (Beitzah 5:1) states that one may place a vessel over an egg that was laid on [[Shabbat]] as long as the vessel doesn’t touch the egg. The [[Maggid]] Mishneh ([[Shabbat]] 25:23) wonders why there should be a prohibition even if the vessel touches the egg – after all, Chazal forbade only moving [[Muktzeh]]. He answers that since an egg is round, touching it automatically will make it move. The Trumat HaDeshen (67) based on Tosfot (see note 1) argues that covering [[Muktzeh]] for its protection is forbidden since one’s entire intent is for the [[Muktzeh]].  
# It is permitted to touch [[Muktzeh]] if it does not move. Some say that one may not touch [[Muktzeh]] if one’s intent is to serve the [[Muktzeh]] item. <Ref> The Yerushalmi (Beitzah 5:1) states that one may place a vessel over an egg that was laid on [[Shabbat]] as long as the vessel doesn’t touch the egg. The [[Maggid]] Mishneh ([[Shabbat]] 25:23) wonders why there should be a prohibition even if the vessel touches the egg – after all, Chazal forbade only moving [[Muktzeh]]. He answers that since an egg is round, touching it automatically will make it move. The Trumat HaDeshen (67) based on Tosfot (see note 1) argues that covering [[Muktzeh]] for its protection is forbidden since one’s entire intent is for the [[Muktzeh]].  
* S”A 308:42 and Rama 308:3 write simply that it is permitted to touch [[Muktzeh]] and don’t add the Trumat HaDeshen’s condition. Magen Avraham 310:3 rules in favor of the Trumat HaDeshen, while the Gr”a (Beiur HaGra 310:6) rules like the [[Maggid]] Mishneh. The Mishna Brurah 310:22 and Shemirat [[Shabbat]] Kehilchata 22:33 agree with the Gr”a. </ref>
* S”A 308:42 and Rama 308:3 write simply that it is permitted to touch [[Muktzeh]] and don’t add the Trumat HaDeshen’s condition. Magen Avraham 310:3 rules in favor of the Trumat HaDeshen, while the Gr”a (Beiur HaGra 310:6) rules like the [[Maggid]] Mishneh. The Mishna Brurah 310:22 and Shemirat [[Shabbat]] Kehilchata 22:33 agree with the Gr”a. </ref>
# It’s permissible to blow on [[Muktzeh]] to make it move if it’s for a permissible purpose. <Ref>S”A 308:43 and Rama 308:3 consider blowing on [[Muktzeh]] as indirect movement which can be moved for a permissible purpose. </ref>
# It’s permissible to remove a permissible item that’s sitting on top of a [[Muktzeh]] item. <Ref>Rama 308:3 </ref>
# Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magan Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref>
===Muktzeh that’s in already in one’s hands===
# It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Mishna Brurah 308:82 </ref>
# If one has picked up a [[Kli Sh’Melachto LeIssur]] in one’s hands in a permissible fashion then it’s permissible to place it anywhere one likes. However, if one picked it up in a forbidden way or one has a absolute [[Muktzeh]] item in one’s hand, then one should drop it. <ref>Mishna Brurah 308:13 </ref>
 
==Unpleasant situations==
==Unpleasant situations==
# Anything which is disgusting such as feces, a dead mouse, and the like are [[Muktzeh]]. <Ref>Mishna Brurah 308:136 </ref> However, they may be moved (to a garbage) out of a place which are used frequently such as places in one’s house which are used, or path in front of one’s house. <Ref>S”A 308:34, Mishna Brurah 308:130, 131 </ref>
# Anything which is disgusting such as feces, a dead mouse, and the like are [[Muktzeh]]. <Ref>Mishna Brurah 308:136 </ref> However, they may be moved (to a garbage) out of a place which are used frequently such as places in one’s house which are used, or path in front of one’s house. <Ref>S”A 308:34, Mishna Brurah 308:130, 131 </ref>
Line 41: Line 26:
# Something which is not so disgusting but unpleasant such as having a bad smell is not [[Muktzeh]]. <Ref> S”A 310:1, Mishna Brurah 310:1 </ref>
# Something which is not so disgusting but unpleasant such as having a bad smell is not [[Muktzeh]]. <Ref> S”A 310:1, Mishna Brurah 310:1 </ref>
# In the first place, one may not make a situation which is disgusting which will need to be removed, however after the fact, the disgusting item may be removed. <Ref>S”A 308:36 writes that one should make a disgusting object in order to remove it from the house, and Mishna Brurah 308:139 explains that one shouldn’t make a disgusting item (which will need to be removed) irrelevant of one’s intent. </ref>
# In the first place, one may not make a situation which is disgusting which will need to be removed, however after the fact, the disgusting item may be removed. <Ref>S”A 308:36 writes that one should make a disgusting object in order to remove it from the house, and Mishna Brurah 308:139 explains that one shouldn’t make a disgusting item (which will need to be removed) irrelevant of one’s intent. </ref>
==Permissible objects on Muktzeh==
# It’s permissible to remove a permissible item that’s sitting on top of a [[Muktzeh]] item. <Ref>Rama 308:3 </ref>
# Some say it’s permissible to move a [[Muktzeh]] item which has a permissible item on top of it from [[Bein HaShemashot]], while others hold that one may only move a [[Muktzeh]] item if there’s the specifically designated item on or in that [[Muktzeh]] item, for example, one may move a [[cooking pot]] if there was food in it from before [[Shabbat]]. <Ref>S”A 308:5 writes that it’s permissible if there’s some permissible item on the [[Muktzeh]] from [[Bein HaShemashot]]. However, Mishna Brurah 308:26 writes that this is a dispute in the Rishonim and many achronim hold that the above leniency only applies to moving a corpse, yet all agree that one may only move [[Muktzeh]] if there was the designated permissible item on it from [[Bein HaShemashot]] such as food in a [[cooking pot]]. </ref>
==Muktzeh that’s in one’s hands==
# If one has picked up a [[Kli Sh’Melachto LeIssur]] in one’s hands in a permissible fashion then it’s permissible to place it anywhere one likes. However, if one picked it up in a forbidden way or one has a absolute [[Muktzeh]] item in one’s hand, then one should drop it. <ref>Mishna Brurah 308:13 </ref>
# It’s permissible to ask a non-Jew to move a [[Kli Sh’Melachto LeIssur]] for any need even if it’s just to prevent the object from breaking or being stolen. <Ref>Mishna Brurah 308:15 </ref>
==Bosis==
# # an object upon which [[Muktzeh]] was left intentionally from before [[Shabbat]] and one intended that it stay there as [[Shabbat]] entered (during [[Bein HaShemashot]]), the object becomes a Bosis. <ref>Kitzur S"A 89:1</ref>
# One may not move a Bosis on [[Shabbat]] even if one needs its place or to use it for a permitted use. <ref>Kitzur S"A 89:1</ref>
# 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.
* 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.
* Magen Avraham 310:7 elaborates that regarding a pocket which is sewn only at its top to the clothing, one does not even have to shake out the money before moving it, since it was left there unintentionally and the money is not on the primary part of the clothing. If the pocket was sewn along the entire length onto the clothing, however, the money would need to be shaken out. Mishna Brurah 310:29 writes that if the money was left there intentionally, one shouldn’t put his hands in the pocket because the pocket itself certainly is a bosis. Rabbi Yisrael Bodner (Tiltulei [[Shabbat]] p. 94) writes that the common pants pockets are sewn only at the top of the pocket, whereas shirt pockets are sewn along their entire length. He notes that in either case, if one wants to wear the clothing he must shake out the money.
* 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>
# If raw meat or another [[muktzeh]] item was left on the door of one’s freezer, the door does not become a bosis. <Ref> The Gemara ([[Shabbat]] 120b) records the opinion of Rav, who forbade opening or closing a door with an oil candle built in. Tosfot (s.v. Pote’ach) explain that when the door is moved, the oil in the candle is distanced or brought closer to the wick, thereby violating Mechabeh or Mav’ir. Tosfot ask why the Gemara didn’t forbid it because the door is bosis. Their first answer is that the door can’t become a bosis, as it is nullified to the house and not to the candle. Mordechai (Siman 400) agrees.
* Although the Bei’ur Halacha s.v. Af notes that the Yerushalmi considers the door a bosis unless the candle was left there unintentionally, he suggests that the Yerushalmi is in disagreement with the Bavli. Mishna Brurah 277:4 and Kaf HaChaim 227:11 quote the Mordechai as halacha. Thus, Shemirat [[Shabbat]] Kehilchata 20:77 writes that if [[muktzeh]] is left hanging on a house or cabinet door, the door does not become a bosis. Rabbi Hershel Schachter (Halachipedia Article 5773 #22) said that the same would apply to frozen raw meat or other [[muktzeh]] items on the door of his freezer, and the door does not become a bosis.</ref>
# A basket of fruit with a rock in it shouldn’t be moved without shaking out the rock or at least spilling out everything and returning the fruit without the rock. However, if spilling/shaking out the basket will ruin the fruit one may move the basket as a whole. <Ref>S”A 309:3, Mishna Brurah 309:10 </ref>
# A purse which is made to hold money if there’s no money inside is considered a [[Kli Sh’Melachto LeIssur]] and so if there’s a key inside one may open it to take out the key. <Ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
==A bosis with both Muktzeh and non-Muktzeh==
# A vessel which has on it both a [[muktzeh]] item and a non-[[muktzeh]] item is non-[[muktzeh]] if the the non-[[muktzeh]] item is more impotant than the [[muktzeh]] item, however, if the [[muktzeh]] item is more important, then the vessel is [[muktzeh]]. <ref> The Shulchan Aruch 310:8 writes that an object which has on it both a mutkzah item and a non-[[Muktzeh]] item is permissible to move if the non-[[Muktzeh]] item is more important (חשוב). </ref>
# What is considered more important depends on the owner. <ref> Mishna Brurah 310:33 writes that it only depends on the intent of the owner and not the general convention of most people. </ref>
# Generally the more valuable item is the one which is considered more important. However, many opinions hold that if an non-[[muktzah]] object is needed for that [[Shabbat]] it is considered more important. <ref>
Halachos of [[Muktzah]] (by Rabbi Bodner, pg 309, answers of Rav Moshe Feinstein #31, to see it inside [http://books.google.com/books?id=bAevcHQwPbsC&printsec=frontcover&dq=laws+of+muktzah&hl=en&ei=XMMATvnWDauu0AHRjonMDg&sa=X&oi=book_result&ct=result&resnum=2&ved=0CC4Q6AEwAQ#v=onepage&q&f=false click here]) writes that if a siddur and money are on a vessel the siddur is considered more important, and so too if one has glasses which one needs immediately and a lot of money, the glasses are more important unless one has other glasses in which case the money is more important. Lastly if a loaf of [[challah]] and money are on a vessel the [[challah]] is more important since you’re going to need it on [[Shabbat]]. This is also the opinion of the Shemirat [[Shabbat]] KeHilchata 20:61 in name of Rav Shlomo Zalman that anything which is needed for that [[Shabbat]] such as [[challah]] or something else of value. [See also Chaye Adam ([[Shabbat]] 66:4) and Magan Avraham 279:5 who seem to hold of this.] </ref>


==Sources==
==Sources==

Revision as of 13:59, 25 May 2014

This article is good. It can still be slightly improved, either by adding content, restructuring the page, or updating its content.

Reasons for Muktzeh

The Rabbis forbade moving certain items on Shabbat in order that to ensure that one’s actions on Shabbat will be distinguished from one's actions the rest of the week. [1]

Ways of moving Muktzeh

  1. If a Muktzeh item is on top of a non-Muktzeh item, it is permitted to move the Muktzeh indirectly if one’s intent is to use the non-Muktzeh item but not if one’s intent is to move the Muktzeh. This assumes that the non-Muktzeh item isn’t a Bosis and one can’t remove the Muktzeh by tilting. [2]
  2. It is permitted to move a Muktzeh item with one’s body. [3]
  3. It’s permissible to blow on Muktzeh to make it move if it’s for a permissible purpose. [4]
  4. Additionally, it’s permissible to cover a Muktzeh item with a vessel even if the vessel will touch the Muktzeh as long as placing the cover on the Muktzeh will not move it. [5]
  5. It’s permissible to sit on Muktzeh unless there’s no need in which case one shouldn’t. [6]

Touching Muktzeh

  1. It is permitted to touch Muktzeh if it does not move. Some say that one may not touch Muktzeh if one’s intent is to serve the Muktzeh item. [7]
  2. It’s permissible to remove a permissible item that’s sitting on top of a Muktzeh item. [8]

Muktzeh that’s in already in one’s hands

  1. If one has picked up a Kli Sh’Melachto LeIssur in one’s hands in a permissible fashion then it’s permissible to place it anywhere one likes. However, if one picked it up in a forbidden way or one has a absolute Muktzeh item in one’s hand, then one should drop it. [9]

Unpleasant situations

  1. Anything which is disgusting such as feces, a dead mouse, and the like are Muktzeh. [10] However, they may be moved (to a garbage) out of a place which are used frequently such as places in one’s house which are used, or path in front of one’s house. [11]
  2. A disgusting item may not be returned to the house. [12]
  3. Something which is disgusting in a place that’s not used frequently may not be moved and in cases of loss one may sit in that place so that it’ll be disgusting and will require one to remove it. [13]
  4. Something which is not so disgusting but unpleasant such as having a bad smell is not Muktzeh. [14]
  5. In the first place, one may not make a situation which is disgusting which will need to be removed, however after the fact, the disgusting item may be removed. [15]

Sources

  1. ↑ Mishna Brurah (Intro to Siman 308) quoting the Rambam (Shabbat 24:12), Yalkut Yosef Shabbat Volume 2: page 304
  2. ↑ In the Gemara (Shabbat 123a) Rav Nachman states that indirect movement of Muktzeh is permitted. On the other hand, the Gemara (43b) earlier states that everyone agrees indirect movement of Muktzeh is forbidden. Tosfot (43b s.v. DeKuleh) answer that indirect movement of Muktzeh is permitted if one’s purpose is to move the permitted item and a Muktzeh item is drawn along, but if one’s intent is to move the Muktzeh item, one may not do so even indirectly. The Rif 20b, Rambam (Shabbat 25:14), and Rosh 3:19 agree to this resolution. Tur and S”A 311:8 codify this as halacha.
    • The Chazon Ish 47:12-14 explains that if one is moving a Muktzeh item and a non-Muktzeh item for the sake of the Muktzeh, it is considered as though one is moving Muktzeh, but if one is moving it for the sake of the non-Muktzeh item, it is considered as though one is moving only the non-Muktzeh. Accordingly, the Chazon Ish writes that he doesn’t understand the Taz 308:18 and Mishna Brurah 308:115, who write that one may push peels or bones that are totally inedible off the table using a knife if one needs the area where these peels and bones are located since one is moving Muktzeh indirectly for a permitted need. The Chazon Ish argues that since one is primarily focused on moving the Muktzeh, it is forbidden even if it is done indirectly.
    • Rabbi Mordechai Willig (Am Mordechai p. 104-6) explains that the Mishna Brurah and others hold that it is permitted to move Muktzeh indirectly for a permitted use on Shabbat as Chazal were lenient with regards to moving Muktzeh indirectly for a permitted purpose. He explains that this leniency may be due to the fact that Muktzeh is based on the prohibition to carry on Shabbat. Even if one carried Muktzeh for a permitted purpose and not for the Muktzeh itself, it would be Melacha Sheino Tzaricha LeGufo and not a biblical prohibition. However, Chazal only permitted moving Muktzeh for a permitted use if done indirectly or in an abnormal manner because of a Lo Plug. Shemirat Shabbat Kehilchata 22:38 agrees with the Mishna Brurah.
    • Based on S”A 309:3-4, Rabbi Simcha Bunim Cohen ( Ibid. p. 35-8) notes that one may not indirectly move a non-Muktzeh item if it was a Bosis. Additionally, if one can remove the Muktzeh item by tilting, one may not move it indirectly.
  3. ↑ The Mishnah (Shabbat 141a) states that one may push Muktzeh straw off of his bed with his body but not with his hands. The Gemara explains that this is based on the principle that indirect movement of Muktzeh is permitted. Based on the distinction of Tosfot (see note 1), Rabbeinu Yonah (cited by the Rosh Ibid.) asks why indirect movement of Muktzeh is permitted if one’s intent is to move the Muktzeh item. The Rosh answers that moving Muktzeh with one’s body is permitted even if one’s intent is to move Muktzeh, whereas direct movement of a non-Muktzeh item which in turn moves a Muktzeh item is permitted only if one’s intent is for the non-Muktzeh item. Tur and S”A 311:8 codify this as halacha.
    • The Mishna Brurah 311:30 writes that it is permitted to move Muktzeh with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move Muktzeh with one’s foot. Shemirat Shabbat Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving Muktzeh. One may not, however, move Muktzeh with one’s body if his primary intent is to move Muktzeh. See Rabbi Mordechai Willig ( Ibid. p. 105-6) who connects this to the above dispute.
  4. ↑ S”A 308:43 and Rama 308:3 consider blowing on Muktzeh as indirect movement which can be moved for a permissible purpose.
  5. ↑ Mishna Brurah 308:22 rules like the Gra unlike the Magan Avraham (which was brought as a dispute in Mishna Brurah 308:17).
  6. ↑ Ran on Rif (Shabbat 46b), Mishna Brurah 308:82
  7. ↑ The Yerushalmi (Beitzah 5:1) states that one may place a vessel over an egg that was laid on Shabbat as long as the vessel doesn’t touch the egg. The Maggid Mishneh (Shabbat 25:23) wonders why there should be a prohibition even if the vessel touches the egg – after all, Chazal forbade only moving Muktzeh. He answers that since an egg is round, touching it automatically will make it move. The Trumat HaDeshen (67) based on Tosfot (see note 1) argues that covering Muktzeh for its protection is forbidden since one’s entire intent is for the Muktzeh.
    • S”A 308:42 and Rama 308:3 write simply that it is permitted to touch Muktzeh and don’t add the Trumat HaDeshen’s condition. Magen Avraham 310:3 rules in favor of the Trumat HaDeshen, while the Gr”a (Beiur HaGra 310:6) rules like the Maggid Mishneh. The Mishna Brurah 310:22 and Shemirat Shabbat Kehilchata 22:33 agree with the Gr”a.
  8. ↑ Rama 308:3
  9. ↑ Mishna Brurah 308:13
  10. ↑ Mishna Brurah 308:136
  11. ↑ S”A 308:34, Mishna Brurah 308:130, 131
  12. ↑ S”A 308:35
  13. ↑ S”A 308:34 and 37, Mishna Brurah 308:131.
  14. ↑ S”A 310:1, Mishna Brurah 310:1
  15. ↑ S”A 308:36 writes that one should make a disgusting object in order to remove it from the house, and Mishna Brurah 308:139 explains that one shouldn’t make a disgusting item (which will need to be removed) irrelevant of one’s intent.
Retrieved from "http://localhost:80/index.php?title=General_Laws_of_Muktzeh&oldid=14556"