Muktzeh Machmat Chisaron Kis

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Muktzeh Machmat Chisaron Kis

Definition

  1. An object that isn’t meant to be used on Shabbat, such as if its primary purpose is forbidden on Shabbat, and its owner is careful about not using it for any other use, is considered Muktzeh Machmat Chisaron Kis. Any object in this category may not be moved on Shabbat even for a permitted use or the use of its place. [1]
  2. Regarding merchandise that can be sold, if the owner is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not Muktzeh. [2]
  3. Some say that Muktza Machmat Chisaron Kis only applies to vessels that are already Kli SheMelachto LeIssur but not to vessels that are Kli SheMelachto LeHeter.[3]

Rules

  1. A item that’s Muktzeh Machmat Chisaron Kis can not be moved for any need, for the need of it’s place or for the need of the object itself. [4]
  2. A item which is Muktzeh Machmat Chisaron Kis during Bein HaShemashot even if it breaks on Shabbat and now one isn’t careful with it because it’s no longer expensive is Muktzeh all of Shabbat. [5]
  3. Merchandise which is meant to be sold, if the owner is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not Muktzeh. [6]
  4. A board of wood which is owned by a carpenter or a store owner who plans on selling it is Muktzeh Machmat Chisaron Kis if it’s the usual case where the owner is concerned about using it for other purposes (sitting on it) so that it doesn’t break. [7]

Examples

  1. A golden cigarette case is considered Muktzeh Machmat Chisaron Kis. [8]
  2. A shofar is considered Muktzeh Machmat Chisaron Kis unless one is not concerned about using it for other uses. [9]
  3. Some poskim consider Pesach dishes that one wouldn’t use during the year as Muktzeh Machmat Chisaron Kis, while others hold that they are not Muktzeh. [10]

Papers

  1. Business letters, building plans, account documents, passports, and identification certificates are Muktzeh. [11]
  2. A loose leaf binder that contains commercial documents, building plans, account documents, passports, or identity certificates is considered Muktzeh and shouldn’t be moved. [12]
  3. Some poskim say that blank paper is considered Muktzeh Machmat Chisaron Kis, while others only consider it a Kli SheMelachto LeIssur. [13]
  4. Blank pieces of paper are Muktzeh. Therefore, if a loose-leaf binder has pages with content together with blank pages, and the pages of content have some importance and one sometimes reads them, then, the binder is not Muktzeh and one may turn the blank pages in order to reach the pages of content. However, if the pages of content aren’t of importance and one doesn’t read them, then the binder as a whole is Muktzeh and should be moved. [14]

Sources

  1. ↑ The Gemara (Shabbat 157a) writes that even Rabbi Shimon, who usually is lenient in the laws of Muktzeh, would agree to the concept of Muktzeh Machmat Chisaron Kis. Based on Tosfot (Shabbat 123b s.v. VeSakina), S”A 308:1 rules that Muktzeh Machmat Chisaron Kis may not be moved even for a permitted use or for the use of its place.
    • The Rosh (Shabbat 17:4) understands Muktzeh Machmat Chisaron Kis to apply to objects that a person is concerned about using for any purpose other than its primary one. This language is quoted in S”A 308:1. Mishna Brurah 308:2 explains that one wouldn’t use these objects for any other purpose because of a fear of devaluing it.
    • To clarify, the Tosefet Shabbat 310:13 writes that Muktzeh Machmat Chisaron Kis only applies to a Kli SheMelachto LeIssur, a utensil whose primary purpose is prohibited on Shabbat. He explains that the owner of a Kli SheMelachto LeIssur that is also something that one is concerned about using for anything else, sets it aside completely not to be used on Shabbat. However, a person doesn’t set aside a utensil whose primary purpose is permitted on Shabbat even if he wouldn’t use it for other uses and so it isn’t Muktzeh. S”A HaRav 308:4, Rabbi Mordechai Willig (“Hilchos Muktzeh,” min 8-9) and Rav Hershel Schachter (“Insights into the Laws of Muktzeh,” min 12-14) agree. Orchot Shabbat (vol 2, p. 42) argues that the Tosefet Shabbat’s rule is imprecise based the cases of merchandise (S”A 308:1) and a heavy cabinet (Mishna Brurah 308:8). Therefore, he concludes that the category includes anything that isn’t meant to be used on Shabbat and its owner is careful about not using it for other uses.
    • In regards to other definitions of this category, the Magen Avraham 308:3 writes that anything expensive is considered Muktzeh Machmat Chisaron Kis. The Torat Shabbat 302:2 argues that it is not dependant on the price of the object but rather whether the owner considers it important and is concerned about it. See Binyan Shalom 308:1 who explains that the Magen Avraham agrees to the Torat Shabbat but just borrows the language of the Rishonim.
    • Additionally, Rashi (123b s.v. veyeted) explains that Muktzeh Machmat Chisaron Kis applies to objects that a person is concerned about and designates for them a place because it doesn’t have another purpose. Igrot Moshe 5:22:12, however, notes that designation of a place isn’t crucial in the determination of Muktzeh Machmat Chisaron Kis but rather it is simply an indication that the owner is concerned about the object. Similarly, Mishna Brurah 308:3 writes that any object that a person is careful with and because of it’s value one wouldn’t use for anything other than it’s designated purpose, is considered Muktzeh Machmat Chisaron Kis.
  2. ↑ The Bet Yosef 308:1 asks how the Rambam could write that merchandise is Muktzeh Machmat Chisaron Kis if the Gemara Shabbat 19b implies that it isn't Muktzeh according to Rabbi Shimon and he concludes that if the owner is concerned about using it then it is Muktzeh Machmat Chisaron Kis, but if he isn't concerned it isn't Muktzeh. Rama 308:1 and Mishna Brurah 308:7 codify this as halacha. Chazon Ish 42:16 clarifies that merchandise can be Muktzeh Machmat Chisaron Kis even if the item is otherwise a Kli SheMelachto LeHeter. S"A HaRav 308:4 and Shemirat Shabbat KeHilchata 20:21 agree.
  3. ↑ S"A HaRav 308:4, Yalkut Yosef (vol 2, pp. 328-332)
  4. ↑ S”A 308:1
  5. ↑ Mishna Brurah 308:35 in explanation of the Magan Avraham
  6. ↑ Rama 308:1, Mishna Brurah 308:7
  7. ↑ S”A 308:26
  8. ↑ Tiltulei Shabbat (pg 45 in the note) quotes Rav Moshe Feinstein (based on Mishna Brurah 310:27) as ruling that any case designated to hold a Muktzeh item, the owner doesn’t want to use container for anything else, and the owner is careful that the case isn’t broken is considered Muktzeh Machmat Chisaron Kis.
  9. ↑ Rama 308:4, Mishna Brurah 308:25 write that a shofer is Kli Sh’Melachto LeIssur but Shalmei Yehuda (pg 32) quoting Rav Elyashiv and Shemirat Shabbat KeHilchata (pg 361) quoting Rav Shlomo Zalman Auerbach note that for most people the shofar is expensive and wouldn’t be used for anything else and so should be Muktzeh Machmat Chisaron Kis.
  10. ↑ Shemirat Shabbat Kehilchata 20:22 writes that Pesach dishes that a person is careful not to use during the year even if a need came up are considered Muktzeh Machmat Chisaron Kis. Rav Hershel Schachter (“Hilchos Muktze,” min 27-30) argues that they aren’t Muktzeh since they are perfectly useable utensils, whose primary purpose is permitted. He reasoned that even though the owner didn’t plan on using them on Shabbat, according to Rabbi Shimon, they aren’t Muktzeh. Chut Shani (vol 3, p. 88) agrees.
  11. ↑ Shemirat Shabbat KeHilchata 28:6
  12. ↑ Shemirat Shabbat KeHilchata 28:9
  13. ↑ * Mishna Brurah 308:3 writes that blank paper is Muktzeh Machmat Chisaron Kis. Rav Moshe Feinstein in Igrot Moshe 4:72 writes that this still applies today since no sensible person would waste a blank piece of paper that’s useable for writing. See Halachos of Muktzeh (p. 84) who quotes Rav Moshe Feinstein as saying that even paper that one isn’t concerned about wasting is still Muktzeh Machmat Gufo since it has no purpose.
    • Rav Shlomo Zalman Auerbach (Meor HaShabbat v. 1 letter 10:3), however, says that a single piece of paper isn’t Muktzeh because people aren’t concerned about using it to clean something. Thus, Shemirat Shabbat Kehilchata 20:19 writes that only expensive stationary is Muktzeh Machmat Chisaron Kis, but regular paper is considered Kli SheMelachto LeIssur since it is designated for writing.
  14. ↑ Shemirat Shabbat KeHilchata 28:9
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