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Bosis: Difference between revisions
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==What is a Bosis?== | ==What is a Bosis?== | ||
===Intention to Leave It=== | ===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. Mishna Brurah 309:18 writes that according to the Bet Yosef 309:4 an item isn't a bosis unless one had specific and direct intentions that it would hold a muktzeh item, however, if one didn't intend anything it wouldn't be a bosis unless that is the designated place. According to the Bet Yosef this is true all week, while according to the Trumat Hadeshen 2:193 if it is on Friday it is considered intentional.</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=== | ===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 Shulchan Aruch O.C. 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 Shulchan Aruch O.C. 309:4 codify this as Halacha. | ||
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# 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> | # 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=== | ===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> | # One may not move a Bosis on [[Shabbat]] even if one needs its place or to use it for a permitted use.<ref>Shulchan Aruch 279:1, Kitzur Shulchan Aruch 89:1</ref> | ||
===Rules of Non-Bosis=== | |||
#If a muktzeh item was forgotten on top of a non-muktzeh item or there’s muktzeh and non-muktzeh and the non-muktzeh is more important the non-muktzeh container isn’t a bosis. Nonetheless, one may not move it if it is possible to tilt off the muktzeh or tilt off everything and collect the non-muktzeh. If that isn’t possible one can carry the entire container until it is possible to do so.<Ref> Shulchan Aruch 310:8 | |||
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# If you're concerned of the muktzeh breaking you may carry the non-bosis with the muktzeh on top of it instead of tilting off the muktzeh in its place.<ref>Orchot Shabbat (v. 2 p. 132 fnt. 382)</ref> | |||
# If you need the place and can't tilt off the muktzeh without cluttering up that place you can carry the non-bosis with the muktzeh on top. It isn't necessary to drop it immediately once you reach a place that you can put it down.<ref>Mishna Brurah 309:9. See Rav Nevinsal in Byitzchak Yikareh who disagrees that it depends on the dispute between the Magen Avraham and Gra whether you can continue to carry muktzeh already in your hands.</ref> | |||
# If it is a big exertion not to have to tilt out the muktzeh some hold it isn't necessary and one can move it with the muktzeh and non-muktzeh.<ref>Tosfot Shabbat 142a s.v. nishdey, Magen Avraham 309:4, and Chut Shani Shabbat 3:72:1</ref> | |||
==Applications== | ==Applications== | ||
===Freezer Door=== | ===Freezer Door=== | ||
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# If someone leaves items in a drawer with a muktzeh item on top of a permitted item, some say that the permitted item on bottom isn't muktzeh, while some disagree.<ref>Trumat Hadeshen Pesakim 193 writes that some wanted to permit something that was left haphazardly on top of something else unless it was left there to rest there securely. He disagrees with that position. Magen Avraham 309:6 accepts the lenient view. Rabbi Akiva Eiger 309:4 rejects one of the proofs of the Magen Avraham.</ref> Ashkenazim can be lenient in a case of need,<ref>Mishna Brurah 309:18, Shulchan Aruch Harav 309:9, Orchot Shabbat v. 2 p. 134</ref> Sephardim should be strict.<ref>Taz 309:1, Chazon Ovadia v. 3 p. 133</ref> | # If someone leaves items in a drawer with a muktzeh item on top of a permitted item, some say that the permitted item on bottom isn't muktzeh, while some disagree.<ref>Trumat Hadeshen Pesakim 193 writes that some wanted to permit something that was left haphazardly on top of something else unless it was left there to rest there securely. He disagrees with that position. Magen Avraham 309:6 accepts the lenient view. Rabbi Akiva Eiger 309:4 rejects one of the proofs of the Magen Avraham.</ref> Ashkenazim can be lenient in a case of need,<ref>Mishna Brurah 309:18, Shulchan Aruch Harav 309:9, Orchot Shabbat v. 2 p. 134</ref> Sephardim should be strict.<ref>Taz 309:1, Chazon Ovadia v. 3 p. 133</ref> | ||
# Regarding muktzeh food on top of non-muktzeh food in a freezer drawer, some say that food isn't a bosis.<Ref>Meiri 141b, Ritva 142a, Kol Bo 31 write that food isn't a bosis. Rama 311:8 cites the Kol Bo. Chazon Ovadia v. 3 p. 132 seems to support this approach. The Magen Avraham 311:23 and Gra 311:26 explain that it isn't normal for a food to service muktzeh and serve as a holder of muktzeh. However, Or Same'ach 25:15 explains that food which is usable is never a bosis since I don't intend to put it aside. Taz 311:10 disregards this entire approach. </ref> | # Regarding muktzeh food on top of non-muktzeh food in a freezer drawer, some say that food isn't a bosis.<Ref>Meiri 141b, Ritva 142a, Kol Bo 31 write that food isn't a bosis. Rama 311:8 cites the Kol Bo. Chazon Ovadia v. 3 p. 132 seems to support this approach. The Magen Avraham 311:23 and Gra 311:26 explain that it isn't normal for a food to service muktzeh and serve as a holder of muktzeh. However, Or Same'ach 25:15 explains that food which is usable is never a bosis since I don't intend to put it aside. Taz 311:10 disregards this entire approach. </ref> | ||
# If you have muktzeh on the table the drawers do not become a bosis.<ref>If the drawers are removable certainly they aren’t a bosis (Birkat Reuven Muktzeh p. 75) since they aren’t a unit with the table (Mishna Brurah 310:31). However, with respect to drawers that aren’t removable, Kesot Hashulchan (Badei Hashulchan 112:20) has a safek about whether you can open the drawer of a table that is a bosis to muktzeh. Machon Lshivtecha 308:8 p. 209 is lenient for the drawers. Birkat Reuven pp. 75-6 writes that he saw the Tehilah Ldovid 310:7 who is lenient and compares it to the Pri Megadim M"Z 310:1 that a tablecloth can be partially a bosis, however, the Levushei Sarad disagrees. Birkat Reuven leaves it unresolved. | # If you have muktzeh on the table the drawers do not become a bosis.<ref>If the drawers are removable certainly they aren’t a bosis (Birkat Reuven Muktzeh p. 75) since they aren’t a unit with the table (Mishna Brurah 310:31). However, with respect to drawers that aren’t removable, Kesot Hashulchan (Badei Hashulchan 112:20) has a safek about whether you can open the drawer of a table that is a bosis to muktzeh. Machon Lshivtecha 308:8 p. 209 is lenient for the drawers. Birkat Reuven pp. 75-6 writes that he saw the Tehilah Ldovid 310:7 who is lenient and compares it to the Pri Megadim M"Z 310:1 that a tablecloth can be partially a bosis, however, the Levushei Sarad disagrees. Birkat Reuven leaves it unresolved.</ref> | ||
===Sweeping=== | ===Sweeping=== | ||
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#However, the Rashba implies it is problematic to sweep, as does Tosfot 95a s.v. vha’idna.</ref> | #However, the Rashba implies it is problematic to sweep, as does Tosfot 95a s.v. vha’idna.</ref> | ||
# It is permitted to use a dustpan to collect the dirt after sweeping.<ref>Orchot Shabbat v. 2 p. 185, Shalmei Yehuda 9:5</ref> | # It is permitted to use a dustpan to collect the dirt after sweeping.<ref>Orchot Shabbat v. 2 p. 185, Shalmei Yehuda 9:5</ref> | ||
===Key Chain=== | ===Key Chain=== | ||
# A key chain with muktzeh items on it is considered a bosis. If the permitted keys are more important it isn't a bosis.<ref>Rav Shlomo Zalman (cited by Dirshu 308:6; see Shemirat Shabbat Kehilchata ch. 20 fnt. 311) explained that unlike a loose leaf where the empty pages in the binder are nullified by the pages with writing, keys on a key chain aren't nullified since each is significant in it of itself. Chazon Ovadia Shabbat v. 3 p. 135 agrees that keys on a key chain are a bosis for the keys and if there's permitted and muktzeh it is permitted.</ref> | # A key chain with muktzeh items on it is considered a bosis. If the permitted keys are more important it isn't a bosis.<ref>Rav Shlomo Zalman (cited by Dirshu 308:6; see Shemirat Shabbat Kehilchata ch. 20 fnt. 311) explained that unlike a loose leaf where the empty pages in the binder are nullified by the pages with writing, keys on a key chain aren't nullified since each is significant in it of itself. Chazon Ovadia Shabbat v. 3 p. 135 agrees that keys on a key chain are a bosis for the keys and if there's permitted and muktzeh it is permitted.</ref> | ||
# Some say to avoid this situation by removing the muktzeh keys from the key chain beforehand.<ref>Meor Hashabbat 4:14 cited by Dirshu 309:8</ref> Others think it isn't necessary.<ref>Rav Shlomo Zalman Auerbach (Shulchan Shlomo 309:13) and Orchot Shabbat (ch. 19 fnt. 386) cited by Dirshu 309:8</ref> | # Some say to avoid this situation by removing the muktzeh keys from the key chain beforehand.<ref>Meor Hashabbat 4:14 cited by Dirshu 309:8</ref> Others think it isn't necessary.<ref>Rav Shlomo Zalman Auerbach (Shulchan Shlomo 309:13) and Orchot Shabbat (ch. 19 fnt. 386) cited by Dirshu 309:8</ref> | ||
===Sefarim=== | |||
# If a person left something muktzeh on top of or in a sefer the sefer does become a bosis. Therefore, according to those who hold that blank paper is muktzeh (see [[Books,_Notebooks,_and_Papers_on_Shabbat#Blank_Paper]]) one should be careful not to leave it in a sefer before Shabbat.<ref>Igrot Moshe OC 4:72</ref> | |||
==Bosis for Muktzeh and Non-Muktzeh== | ==Bosis for Muktzeh and Non-Muktzeh== | ||
