Muktzeh Machmat Chisaron Kis

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.

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]

Muktzeh Machmat Chisaron Kis

Definition

  1. Regarding merchandise that can be sold, if the owner[2] 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. [3]
  2. Food merchandise according to some poskim isn't considered muktzeh machmat chisaron kis.[4]
  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.[5] The reason for this approach is that a kli shemelachto lisur is partially designated not to be used and once they are also expensive and fragile then they are completely designated not to be used.[6] Others hold that muktzeh machmat chisaron kis is relevant to any utensil as long as a person wouldn't move it.[7]

Rules

  1. A item that’s Muktzeh Machmat Chisaron Kis can not be moved for any need, for the need of its place or for the need of the object itself. [8]
  2. If something that was muktzeh machmat chisaron kis during Bein HaShemashot and broke on Shabbat and no longer is muktzeh machmat chisaron kis it is still muktzeh.[9]
  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. [10]
  4. A board of wood which is owned by a carpenter or a store owner who plans on selling 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. [11]
  5. Some say that it is permitted to move muktzeh machmat chisaron kis by placing something permitted on top of it, however, most hold that this is forbidden.[12]
  6. It is permitted to move muktzeh machmat chisaron kis with one's body like all muktzeh.[13]
  7. Tiltul min hasad is permitted for muktzeh machmat chisaron kis like all other muktzeh.[14]

Examples

  1. A golden cigarette case is considered Muktzeh Machmat Chisaron Kis. [15]
  2. A shofar is considered Muktzeh Machmat Chisaron Kis unless one is not concerned about using it for other uses. [16]
  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. [17]
  4. A credit card[18], business documents, checks, securities, tax exempt documents, bills of money, bus or subway cards are all Muktzeh Machmat Chison Kis.[19]
  5. Matzah Mitzvah on Erev Pesach when Pesach falls out on Shabbat is muktzeh machmat chisaron kis.[20]
  6. A shechita knife is muktzeh machmat chisaron kis.[21]

Papers

  1. Business letters, building plans, account documents, passports, and identification certificates are Muktzeh. [22]
  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. [23]
  3. Some poskim say that blank paper is considered Muktzeh Machmat Chisaron Kis, while others only consider it a Kli SheMelachto LeIssur. [24]
  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. [25]
  5. A stamped envelope is muktzeh machmat chisaron kis.[26]

Disputed Items

  1. The following items are considered by some to be Kli Sh’Melachto LeHeter while others consider by others to be Kli Sh’Melachto LeIssur.
    1. pictures on the wall [27]
    2. clocks on the wall [28]
  2. Some poskim write that a wallet is muktzeh machmat chisaron kis, while most poskim only consider it a kli shemelachto lisur.[29]

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. ↑ Machasit Hashekel 308:2, Pri Megdim E”A 308:2, Levushei Sarad 308:2 all understand that it depends on the individual and not the place. Mishna Brurah 308:6 codifies these opinions that it depends on the owner exclusively. However, Shulchan Aruch Harav 308:6 implies that it depends on the place and if in that place they are makpid it is mutzeh machmat chisaron kis and if not not. It depends on the place. Harchev Daat Muktzeh 1 p. 401 points out this dispute.
  3. ↑ 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. Shulchan Aruch HaRav 308:4 and Shemirat Shabbat KeHilchata 20:21 agree.
  4. ↑ Rav Nevinsal in Byitzchak Yikreh 308:1
  5. ↑ Shulchan Aruch HaRav 308:4, Yalkut Yosef (vol 2, pp. 328-332) Can you have muktzeh machmat chisaron kis for a kli shemelachto lheter?
    • Gemara 45b initially assumes that a canopy is muktzeh machmat chisaron kis (see Tosfot 46a) even though it is kli shemelachto lheter. Peni Yehoshua in fact is bothered why the gemara makes this assumption if it is impossible to have muktzeh machmat chisaron kis for a kli shemelachto lheter. Tosefet Shabbat 310:13 answers that a canopy is melachto lisur binyan ohel. Also, Shulchan Aruch Harav 308:4 holds that it is impossible to have muktzeh machat chisaron kis for kli shemelachto lisur.
    • Chazon Ish 41:17 and 43:16 argues that there’s muktzeh machmat chisaron kis for all kelim. Shaarei Muktzeh siman 15 p. 105 quotes Tosfot 46a, Rashba (Avodat Hakodesh Moed 5), Rosh Yosef 46a s.v. vda, Mahari Avuhav 308:1, and Mishna Brurah 308:8 that agree with the Chazon Ish that all utensils can be muktzeh machmat chisaron kis. However, Rosh (responsa 22), Tosefet Shabbat 310:13, Peni Yehoshua 46a, Shulchan Aruch Harav 308:4, and Yalkut Yosef (vol 2, pp. 328-332) hold that it only applies to kli shemelachto lisur. The reason for this approach is that a kli shemelachto lisur is partially designated not to be used and once they are also expensive and fragile then they are completely designated not to be used.
    • Rambam Shabbat 25:9 writes that utensils that are designated to be sold are muktzeh machat chisaron kis. Why? Shulchan Aruch Harav 308:4 and Rav Pinchas Brandsfeman (Shiurim v. 6 p. 7) answer that utensils to be sold are all kli shemelachto lisur. However, Tehilah Ldovid 308:1 answers that even a kli shemelachto lheter are muktzeh machmat chisaron kis since you don’t want to move it since it is designated to be sold.
  6. ↑ Tosefet Shabbat 310:13
  7. ↑ Chazon Ish 43:16. See above for sources.
  8. ↑ Tosfot 123b s.v. vsakina and Rosh responsa 22:8 clarify that it is forbidden to move something that is muktzeh machmat chisaron kis at all even if you need it itself. Bet Yosef 308:1 explains that the Rambam 25:9 agrees. Darkei Moshe 308:1 cites Rabbenu Yerucham 12:13 as agreeing. However, the Mordechai Shabbat 3:315 argues that really muktzeh machmat chisaron kis is permitted to move for the need of the item or its place. Shulchan Aruch O.C. 308:1 rules like the majority of rishonim that a muktzeh machmat chisaron kis is completely forbidden. Maamer Mordechai 308:1 agrees.
  9. ↑ Magen Avraham 308:19, Mishna Brurah 308:35, Shulchan Aruch Harav 308:4, Chazon Ish 43:21. Rabbi Akiva Eiger Beitzah 2b s.v. btosfot argues that perhaps it isn’t muktzeh since once a person decides to use it for something else it isn’t muktzeh machmat chisaron kis. He echoes this position in Hagahot Rabbi Akiva Eiger on Magen Avraham 308:19.
  10. ↑ Rama 308:1, Mishna Brurah 308:7
  11. ↑ Shulchan Aruch O.C. 308:26
  12. ↑ Rosh 22:8:4 writes that it is permitted to move any kli shemelachto lisur if you place upon it something permitted such as a piece of bread. That solution doesn’t work for real muktzeh but does work for any kli. Rabbi Akiva Eiger 305:7 suggests that the same should apply to muktzeh machmat chisaron kis. Chazon Ovadia v. 3 p. 57 cites the Chazon Ish 47:11, Or Letzion 2:26:4 who same at the same should apply. However, the Taz 311:5 and Tosefet Shabbat 308:23 imply otherwise. Pri Megadim M”Z 4 has a doubt about this. Chazon Ovadia concludes that one should be strict.
  13. ↑ Pri Megadim M"Z 308 introduction points out that the Bet Yosef in his introduction to 308 implies that the leniencies of all of muktzeh such as moving it with one's body or tiltul min hasad don't apply to muktzeh machmat chisaron kis. Tehilah LDovid 308:2 disagrees with this understanding of the Bet Yosef and is lenient. Imrei Shem pp. 111-122 (R' Refaeli Mordechai Eliyahu) defends the Pri Megadim. Yalkut Yosef Shabbat v. 2 p. 317 fnt. 4 quotes Rav Ovadia as holding like the Tehillah Ldovid.
  14. ↑ Pri Megadim M"Z 309:2 writes that according to the Bet Yosef there is no leniency of tiltul min hasad for muktzeh machmat chisaron kis. Tehillah LDovid 308:2 and Tosefet Shabbat 308:3 disagree. Kaf Hachaim 308:10 is lenient. Imrei Shem pp. 111-122 (R' Refaeli Mordechai Eliyahu) defends the Pri Megadim. Yalkut Yosef Shabbat v. 2 p. 317 fnt. 4 quotes Rav Ovadia as holding like the Tehillah Ldovid.
  15. ↑ 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.
  16. ↑ 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.
  17. ↑ 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.
  18. ↑ Shemirat Shabbat Khilchata 20:20 writes that credit cards are muktzeh machmat chisaron kis. Orchot Shabbat 19:95 and Peninei Halacha Shabbat 23:4 (v. 2 p. 158) agree. Rabbi Neustadt wrote that it is completely muktzeh machmat gufo like money since it has no use.A rabbi from Ohr Same'ach agreed.
  19. ↑ Shemirat Shabbat Kehilchata 20:20. Chut Shani v. 3 p. 111 writes that bus cards are completely muktzeh. He isn't sure whether a magnetic identity card used in a hospital or the like is considered a kli shemelachto lisur or muktzeh machmat gufo. He discusses whether it is a kli since it has a use albeit forbidden or perhaps since it isn't used in it of itself it is like money which is muktzeh machmat gufo. He concludes that we should be strict.
  20. ↑ Pri Megadim E"A 308:10, 444:1, Shemirat Shabbat Kehilchata 20:23, Yalkut Yosef (Erev Pesach Shechal Bshabbat n. 13). Rav Schachter (towards the end) questioned this for the night of Shabbat since some permit eating it then.
  21. ↑ Gemara 123b establishes that a sakina deshkavta is muktzeh machmat chisaron kis. Tosfot, Rabbenu Chananel, Rashba, and Shulchan Aruch 308:1 understand it to be a shechita knife.
    1. Rashi 123b translates sakina deshkavta as a butcher’s knife to cut knife. Why is the sakina deshkavta considered a kli shemelachto lisur (if that is necessary for muktzeh machmat chisaron kis)?
      1. According to Tosfot Shabbat 123b s.v. vsakina and Rabbenu Chananel it isn’t a question since they translate it as a shechita knife and shechita is a melacha. Avodat Hakodesh Bet Moad 5:2:26 agrees.
      2. Chiko Mamtakim Yom Tov v. 3 p. 712 writes that the reason that a butcher knife is kli shemelachto lisur is because its use is uvda dchol.
      3. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata ch. 20 fnt. 52, Shvut Yitzchak p. 13) explained that since the knife prepares meat that is going to be sold it is a kli shemelachto lisur.
  22. ↑ Shemirat Shabbat KeHilchata 28:6
  23. ↑ Shemirat Shabbat KeHilchata 28:9
  24. ↑ * 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. Shevet Halevi 9:78 and Chazon Ovadia v. 3 agree.
  25. ↑ Shemirat Shabbat KeHilchata 28:9. Chut Shani v. 3 p. 59 is lenient.
  26. ↑ Tiferet 308:8 quoting Yalkut Yosef p. 346
  27. ↑ Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh). If it is expensive, Shemirat Shabbat Kehilchata 20:22 writes that it is muktzeh machmat chisaron kis. A Guide to Practical Halacha (Shabbat v. 3 p. 158 n. 75) records Rav Moshe Feinstein's lenient opinion.
    • Is a picture muktzeh machmat chisaron kis? Chazon Ish 43:16 holds that it is. He seems to apply this to all clocks and pictures even if they aren’t expensive since they have a designated place. Chut Shani v. 3 p. 59 explains that according to the chazon ish designating a place makes something muktzeh even if it isn't expensive or fragile.
    • Rav Moshe (Halachos of Muktzeh p. 73) holds that it isn’t unless a person is cautious not to move it because it is fragile. However, if you only don’t move it because it is on the wall and it looks nice there that isn’t muktzeh machmat chisaron kis. Rav Elyashiv (Shalmei Yehuda 3:9) and Brit Olam (Muktzeh Machmat Chisaron Kis n. 7) agrees that they aren’t muktzeh machmat chisaron kis unless they are expensive.
  28. ↑ Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh)
  29. ↑
    • The Raavan 378 writes that a wallet designated for money is muktzeh like grogrot and compares it to a bed designated for money. The Hagahot Maimoniyot 25 cites this. Rama 310:7 does as well. Rama 310:7 explains that it isn’t completely muktzeh but rather only considered like a kli shemelachto lisur, while the Magen Avraham 310:5 holds it is completely muktzeh. Bet Meir 310:7 and Mishna Brurah 310:27 agree with the Rama. Why would the Magen Avraham say that the wallet is completely muktzeh?
    • Rav Soloveitchik (Shiurei Rav Soloveitchik on Shabbat by Rav Schachter pp. 115-7) explained that the main idea of Rabbenu Tam is that anything which has no use on Shabbat is forbidden as complete muktzeh. That can take the form of muktzeh machmat chisaron kis or kli she’kol melachto l’isur. According to Rav Moshe (igrot Moshe 5:22:12), we can explain that yichud makom isn’t critical at all. The main idea of muktzeh machat chisaron kis isn’t designation of place but that you wouldn’t use it for another use.
Retrieved from "http://localhost:80/index.php?title=Muktzeh_Machmat_Chisaron_Kis&oldid=30561"