General Laws of Muktzeh: Difference between revisions

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==Ways of moving Muktzeh==
==Ways of moving Muktzeh==
# Moving a Muktzeh item with one’s body isn’t considered moving Muktzeh and is permissible. <Ref>S”A 311:8, Mishna Brurah 308:13, 30 write explicitly that moving Muktzeh with one's foot is permissible. </ref>
# 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. <Ref> 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.</ref>
# 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>
# 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>
# 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 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 touch Muktzeh unless it’ll cause the object to shake. <Ref>S”A 308:42 and 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>
# 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>Mishna Brurah 308:82 </ref>
# It’s permissible to sit on Muktzeh unless there’s no need in which case one shouldn’t. <Ref>Mishna Brurah 308:82 </ref>
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# Some say it’s permissible to move a Muktzeh item which has a permissible item on top of it from [[Ben 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 [[Ben 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 [[Ben HaShemashot]] such as food in a cooking pot. </ref>
# Some say it’s permissible to move a Muktzeh item which has a permissible item on top of it from [[Ben 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 [[Ben 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 [[Ben HaShemashot]] such as food in a cooking pot. </ref>


==Indirect moving==
# It’s permissible to move Muktzeh in an indirect way if it’s for permissible purpose. <Ref>S”A 311:8, Mishna Brurah 308:19 and 115 </ref>
==Muktzeh that’s in one’s hands==
==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 severe Muktzeh item in one’s hand, then one should drop it. <ref>Mishna Brurah 308:13 </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 severe Muktzeh item in one’s hand, then one should drop it. <ref>Mishna Brurah 308:13 </ref>

Revision as of 16:29, 29 March 2013

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

Categories of Muktzeh

  1. There’s two general categories of Muktzeh 1) severe Muktzeh and 2) light Muktzeh. In general, items that never used on Shabbat are considered severe Muktzeh, while items that are sometimes used as considered light Muktzeh (see further). [2]

Items that are excluded from Muktzeh

Definition

  1. Certain items that Chazal excluded from the laws of Muktzeh altogether are non-Muktzeh. [3]

Rules

  1. It’s permissible to move or touch a non-Muktzeh item even for no purpose at all. [4]

Examples

  • Food and drinks [5]
  • Food Utensils including dishes, glasses, and silverware [6]
  • Sefarim (holy books which are permissible to read) [7]

Further examples

  1. Some consider the following to be exceptions to muktzeh just like the above examples.
  • chairs that will be used for sitting [8]
  • clothing that will be used on Shabbat [9]
  • empty bottles for drinks [10]
  • keys to the house [11]
  • serving utensils [12]
  • tablecloth [13]
  • talit bag [14]

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. [15]
  2. It is permitted to move a Muktzeh item with one’s body. [16]
  3. 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. [17]
  4. It’s permissible to blow on Muktzeh to make it move if it’s for a permissible purpose. [18]
  5. 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. [19]
  6. It’s permissible to sit on Muktzeh unless there’s no need in which case one shouldn’t. [20]

Unpleasant situations

  1. Anything which is disgusting such as feces, a dead mouse, and the like are Muktzeh. [21] 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. [22]
  2. A disgusting item may not be returned to the house. [23]
  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. [24]
  4. Something which is not so disgusting but unpleasant such as having a bad smell is not Muktzeh. [25]
  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. [26]

Permissible objects on Muktzeh

  1. It’s permissible to remove a permissible item that’s sitting on top of a Muktzeh item. [27]
  2. Some say it’s permissible to move a Muktzeh item which has a permissible item on top of it from Ben 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. [28]

Muktzeh that’s 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 severe Muktzeh item in one’s hand, then one should drop it. [29]
  2. 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. [30]

Bosis

  1. 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. [31]
  2. 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. [32]

A bosis with both Muktzeh and non-Muktzeh

  1. 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. [33]
  2. What is considered more important depends on the owner. [34]
  3. 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. [35]

Sources

  1. ↑ Mishna Brurah (Intro to Siman 308) quoting the Rambam (Shabbat 24:12), Yalkut Yosef Shabbat Volume 2: page 304
  2. ↑ The Weekly Halacha Discussion (vol 2 pg 335) breaks up Muktzeh into these two general categories.
  3. ↑ see further; Tiltulei Shabbat (pg 19)
  4. ↑ 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)
  5. ↑ S”A 308:4
  6. ↑ 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.] So rules 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.
  7. ↑ S”A 308:4 writes that Kitvei Kodesh, holy books, are non-Muktzeh. 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.
  8. ↑ Shalmei Yehuda 6:1
  9. ↑ 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 D"H Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.
  10. ↑ Shalmei Yehuda 6:1
  11. ↑ Shalmei Yehuda 6:1
  12. ↑ 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.
  13. ↑ Shalmei Yehuda 6:1
  14. ↑ Shalmei Yehuda 6:1
  15. ↑ 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.
  16. ↑ 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.
  17. ↑ 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.
  18. ↑ S”A 308:43 and Rama 308:3 consider blowing on Muktzeh as indirect movement which can be moved for a permissible purpose.
  19. ↑ Mishna Brurah 308:22 rules like the Gra unlike the Magan Avraham (which was brought as a dispute in Mishna Brurah 308:17).
  20. ↑ Mishna Brurah 308:82
  21. ↑ Mishna Brurah 308:136
  22. ↑ S”A 308:34, Mishna Brurah 308:130, 131
  23. ↑ S”A 308:35
  24. ↑ S”A 308:34 and 37, Mishna Brurah 308:131.
  25. ↑ S”A 310:1, Mishna Brurah 310:1
  26. ↑ 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.
  27. ↑ Rama 308:3
  28. ↑ S”A 308:5 writes that it’s permissible if there’s some permissible item on the Muktzeh from Ben 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 Ben HaShemashot such as food in a cooking pot.
  29. ↑ Mishna Brurah 308:13
  30. ↑ Mishna Brurah 308:15
  31. ↑ S”A 309:3, Mishna Brurah 309:10
  32. ↑ Shemirat Shabbat KeHilchata 20:16
  33. ↑ 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).
  34. ↑ Mishna Brurah 310:33 writes that it only depends on the intent of the owner and not the general convention of most people.
  35. ↑ Halachos of Muktzah (by Rabbi Bodner, pg 309, answers of Rav Moshe Feinstein #31, to see it inside 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. So rules 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.]
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