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Bosis: Difference between revisions
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==What is a Bosis?== | ==What is a Bosis?== | ||
===Intention to Leave It=== | |||
# 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 Shulchan Aruch 89:1</ref> | # 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 Shulchan Aruch 89:1</ref> | ||
# If muktzeh was placed on an object for part of Shabbat but was going to be removed before the end of Shabbat that object is a bosis.<ref>Rashba Shabbat 51a s.v. ha, Rashi</ref> Some Ashkenazim hold that it isn't a bosis unless one intended to leave it there for all of Shabbat.<ref>Baal Hameor Shabbat 23b s.v. vha, Tosfot 51a s.v. oh, 123a s.v. paga, Tosfot Beitzah 2a s.v. ubet citing Rabbenu Tam. | # If muktzeh was placed on an object for part of Shabbat but was going to be removed before the end of Shabbat that object is a bosis.<ref>Rashba Shabbat 51a s.v. ha, Rashi</ref> Some Ashkenazim hold that it isn't a bosis unless one intended to leave it there for all of Shabbat.<ref>Baal Hameor Shabbat 23b s.v. vha, Tosfot 51a s.v. oh, 123a s.v. paga, Tosfot Beitzah 2a s.v. ubet citing Rabbenu Tam. | ||
* Rashba 51a asks how the Baal Hameor could say that it isn't a bosis if one intends to remove it on Shabbat since every candle is like that since it is going to go out. The Rashba beitzah 2a s.v. ubet answers for the Baal Hameor that since one couldn't extinguish it during Ben Hashemashot it is a bosis even if one knew it wouldn't be a bosis for all of Shabbat. Alternatively, a candle is muktzeh machmat isur and not a bosis. See Shaarei Muktzeh p. 291 for explaining the Rashba.</ref> | * Rashba 51a asks how the Baal Hameor could say that it isn't a bosis if one intends to remove it on Shabbat since every candle is like that since it is going to go out. The Rashba beitzah 2a s.v. ubet answers for the Baal Hameor that since one couldn't extinguish it during Ben Hashemashot it is a bosis even if one knew it wouldn't be a bosis for all of Shabbat. Alternatively, a candle is muktzeh machmat isur and not a bosis. See Shaarei Muktzeh p. 291 for explaining the Rashba.</ref> | ||
===Unintentional=== | |||
# 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. | # 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). | * 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. | # 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. | * 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]]. | * 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> | * 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> | ||
===Permission of Owner=== | |||
# If someone places an item on someone else's non-muktzeh item it doesn't make it a bosis unless he had permission to do so.<ref>Tosfot 44b s.v. yesh, Shitah LRan 44b s.v. lo yichda, Ritva 44b s.v. lo yichda. The Ritva explains that if someone places a muktzeh on top of non-muktzeh it doesn’t become a bosis because it is considered like it was forgotten there.</ref> | |||
===Servicing the Non-Muktzeh=== | |||
# If muktzeh is on top of something that isn’t muktzeh and the non-muktzeh is servicing the muktzeh the non-muktzeh doesn’t become a bosis.<ref>Meiri Shabbat 123a s.v. gedolei explains that when the muktzeh isn’t servicing the muktzeh the non-muktzeh and furthermore if the muktzeh is servicing the non-muktzeh the non-muktzeh isn’t a bosis. Ran on Rif 23b s.v. vchen and Kol Bo 31 s.v. hatomen agree. Gra 311:26, Magen Avraham 311:23, and Mishna Brurah 311:29 codify this opinion. However, Tosfot Shabbat 123a s.v. paga answers these questions differently; he writes that it isn’t a bosis if you plan to remove it before Shabbat. Baal Hameor 23b s.v. vha agrees.</ref> | |||
===Rules of Bosis=== | |||
# One may not move a Bosis on [[Shabbat]] even if one needs its place or to use it for a permitted use. <ref>Kitzur Shulchan Aruch 89:1</ref> | |||
==Applications== | |||
===Freezer Door=== | |||
# 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. | # 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> | * 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> | ||
## You should remove all muktzeh from the freezer door before Shabbat.<ref>Birurei Chaim v. 5 p. 562 citing Rav Elyashiv (Shvut Yitzchak Muktzeh p. 150)</ref> | ## You should remove all muktzeh from the freezer door before Shabbat.<ref>Birurei Chaim v. 5 p. 562 citing Rav Elyashiv (Shvut Yitzchak Muktzeh p. 150)</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> | ===Baskets and Purses=== | ||
# 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>Shulchan Aruch 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 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> | ||
==Bosis for Muktzeh and Non-Muktzeh== | ==Bosis for Muktzeh and Non-Muktzeh== | ||
