Non-muktzeh Items

From Halachipedia
40px-Edit-clear.svg.png
This article is okay. It can still be significantly improved, either by adding content, adding a picture, restructuring the page, or updating its content.

Kli Sh’Melachto LeHeter

Definition

  1. An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. [1]
  2. A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t Muktzeh. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered Muktzeh Machmat Chisaron Kis. [2]

Rules

  1. It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. [3] However, foods and seforim may be moved even without purpose as these items are not muktzah at all.
  2. It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. [4]
  3. Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. [5]
  4. It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. [6]
  5. It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after Shabbat as that’s considered moving it for no purpose (for Shabbat) [7]

Examples

  • air freshener [8]
  • alarm clocks [9]
  • artificial plants [10]
  • (baby) rattle as long as it’s moved without it making noise [11]
  • baseball bat, glove and mit [12]
  • binoculars [13]
  • blech [14]
  • blocks (toy) [15]
  • books of secular wisdom [16]
  • broom which have bristles that do not break[17]
  • chess [18]
  • deodorant [19]
  • egg-slicer [20]
  • empty pots used for cooking and serving but not designated for either one [21]
  • empty pots primarily used for serving but are sometimes used for cooking [22]
  • furniture [23]
  • hair spray [24]
  • handball racket [25]
  • insect repellent [26]
  • kitchen scissors (used to cut food or food bags) [27]
  • magnet [28]
  • marbles [29]
  • microscopes [30]
  • musical toy as long as it’s moved without it making noise [31]
  • perfume sprays [32]
  • perfumes [33]
  • pingpong racket [34]
  • plastic tarp or sheet [35]
  • racquetball racket [36]
  • safety pin [37]
  • salt shaker (even if it has rice in it) [38]
  • telescopes [39]
  • tennis racket [40]
  • thermos [41]
  • toothpick [42]
  • toy phone as long as it’s moved without it making noise [43]
  • talking doll as long as it’s moved without it making noise [44]
  • water used for Netilat Yadayim and Mayim Achronim [45]
  • wind-up toy [46]
  • whistle as long as it’s moved without it making noise [47]
  • wrist watch (mechanical [48] or electric [49]) as long as it works [50]

Items that are entirely excluded from Muktzeh

Definition

  1. Certain items that Chazal excluded from the laws of Muktzeh altogether are non-Muktzeh. [51]

Rules

  1. It’s permissible to move or touch a non-Muktzeh item even for no purpose at all. [52]

Examples

  • Food and drinks [53]
  • Food utensils including dishes, glasses, and silverware [54]
  • Sefarim (holy books which are permissible to read) [55]
  • Some authorities permit reading books of wisdom and medicine, so they are not muktze. [56]

Further examples

  1. Some consider the following to be exceptions to muktzeh just like the above examples.

Sources

  1. ↑ see further; Tiltulei Shabbat (pg 18)
  2. ↑ S”A 308:2, Mishna Brurah 308:8
  3. ↑ S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei Shabbat (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.)
    The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item.
    A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)
    The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.)
    The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted.
  4. ↑ S”A 308:4
  5. ↑ Aruch HaShulchan 308:15, Minchat Shabbat 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like Kli SheMelachto LeHeter. See also Avnei Nezer OC 403. However, Yalkut Yosef (Shabbat vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.
  6. ↑ Aruch HaShulchan 308:15, Tiltulei Shabbat (pg 18)
  7. ↑ Mishna Brurah 308:21
  8. ↑ Tiltulei Shabbat (pg 30)
  9. ↑ Shemirat Shabbat KeHilchata 28:54
  10. ↑ Tiltulei Shabbat (pg 31)
  11. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur
  12. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  13. ↑ Sefer Tiltulei Shabbat (pg 28) considers binoculars Kli Sh’Melachto LeHeter
  14. ↑ Tiltulei Shabbat (pg 33)
  15. ↑ Sefer Tiltulei Shabbat (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter.
  16. ↑ S”A 307:17 writes that it’s forbidden to learn secular wisdom on Shabbat and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding Muktzeh 308:50 writes that some say it’s not Muktzeh and some say it may be Muktzeh. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat.
  17. ↑ S”A 308:49 writes that a broom isn’t Muktzeh, however, Mishna Brurah 308:168 writes that it’s considered Kli Sh’Melachto LeIssur because one may not use a broom on Shabbat even on a tiled floor. Nowadays, however, Sefer Tiltulei Shabbat (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot Shabbat (vol 2 pg 51, Choresh note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.)
  18. ↑ Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei Shabbat (pg 27).
  19. ↑ Tiltulei Shabbat (pg 30)
  20. ↑ Tiltulei Shabbat (pg 55 in the footnote)
  21. ↑ Tiltulei Shabbat (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and cooking even if it’s mostly used for cooking it’s considered a Kli Sh’Melachto LeHeter.
  22. ↑ Tiltulei Shabbat (pg 43-4) rules that a pot that’s designated for serving and cooking but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter.
  23. ↑ Tiltulei Shabbat (pg 31)
  24. ↑ Tiltulei Shabbat (pg 30)
  25. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  26. ↑ Sefer Tiltulei Shabbat (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on Shabbat
  27. ↑ Shemirat Shabbat KeHilchata 20:16
  28. ↑ Tiltulei Shabbat (pg 32). see more at Magnets
  29. ↑ Sefer Tiltulei Shabbat (pg 28) considers marbles Kli Sh’Melachto LeHeter
  30. ↑ Sefer Tiltulei Shabbat (pg 28) considers microscopes Kli Sh’Melachto LeHeter
  31. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  32. ↑ Tiltulei Shabbat (pg 30)
  33. ↑ Tiltulei Shabbat (pg 31)
  34. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  35. ↑ Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the Sukkah with a plastic sheet on Shabbat and Yom Tov without an issue of Boneh by making an Ohel nor the issue of muktzah.
  36. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  37. ↑ Tiltulei Shabbat (pg 31)
  38. ↑ Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef Shabbat vol 3 pg 307) having dry rice in the salt shaker and don’t consider it Muktzeh there’s no question that the shaker isn’t Muktzeh. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot Shabbat by Rabbi Eider, Melachat Borer note 103, Shemirat Shabbat KeHilchata 3:60) who forbids will agree that it’s not Muktzeh since it can be used without rice.
  39. ↑ Sefer Tiltulei Shabbat (pg 28) considers telescopes Kli Sh’Melachto LeHeter
  40. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  41. ↑ Shalmei Yehuda 6:4 writes that a thermos isn’t Muktzeh since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not hatmana. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a Kli Sh’Melachto LeIssur.]
  42. ↑ Tiltulei Shabbat (pg 32)
  43. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  44. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein
  45. ↑ Beiur Halacha 338:8 s.v. Asur writes that water used for Netilat Yadayim and Mayim Achronim isn’t Muktzeh. Rav Pinchas Sheinburg (his Kuntres on Muktzah in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered Muktzeh.
  46. ↑ Sefer Tiltulei Shabbat (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not Muktzeh since they’re designated for little kids.
  47. ↑ Sefer Tiltulei Shabbat (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur
  48. ↑ Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-Muktzeh. Sefer Tiltulei Shabbat (pg 20 writes that a self-winding watch is also non-Muktzeh.
  49. ↑ Sefer Tiltulei Shabbat (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-Muktzeh and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on Shabbat but the strict law is that it’s permissible.
  50. ↑ Shemirat Shabbat KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei Shabbat (pg 21) consider non-working watches to be Muktzeh, however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei Shabbat (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-muktzah
  51. ↑ see further; Tiltulei Shabbat (pg 19)
  52. ↑ 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)
  53. ↑ S”A 308:4, Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that food which are prohibited to eat on shabbat are also prohibited to handle (tiltul).
  54. ↑ 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.
  55. ↑ S”A 308:4 writes that Kitvei Kodesh, holy books, are non-Muktzeh. Kitzur Shulchan Aruch 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.
  56. ↑ Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31
  57. ↑ Shalmei Yehuda 6:1
  58. ↑ 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.
  59. ↑ Shalmei Yehuda 6:1
  60. ↑ Shalmei Yehuda 6:1
  61. ↑ 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, Tallit bag. If so, certainly serving utensils are also included.
  62. ↑ Shalmei Yehuda 6:1
  63. ↑ Shalmei Yehuda 6:1
Retrieved from "http://localhost:80/index.php?title=Non-muktzeh_Items&oldid=22130"