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Bosis: Difference between revisions

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# 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>
==Drawers==
==Drawers==
# 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</ref>, Sephardim should be strict.<ref>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>
==Mid-Shabbat Bosis==
# Is it possible to create a bosis in the middle of Shabbat? According to the majority of rishonim if muktzeh is intentionally placed upon a non-muktzeh item on Shabbat the non-muktzeh item becomes a bosis such that even tilting off the muktzeh is forbidden. The halacha is accordance with this opinion.<ref>See Chazon Ish 48:8 and Orchot Shabbat v. 2 pp. 138-9:
# Baal Hameor 66b s.v. amar explains that a bosis can't be created mid-Shabbat and you can tilt off the muktzeh. Magen Avraham 308:50 accepts this. Ritva Beitzah 21b s.v. gezerah and Shitah Mikubeset Beitzah 21b s.v. vod citing the Raah imply this as well. Chazon Ish 48:8 claims that this is indeed a minority opinion. Shaarei Muktzeh p. 274 agrees.
## Chazon Ish 48:9 proves that everyone agrees if it is a designated place that it creates a bosis. His proof is Beitzah 21b. Ritva Beitzah 21b s.v. gezerah supports this. See however, Shitah Mikubeset Beitzah 21b s.v. vod citing the Raah who has a similar concept.
# Tosfot 44b s.v. yesh holds that an item can become a bosis in the middle of Shabbat if it was put there intentionally and then even niyur is forbidden. Ritva 44b s.v. lo yichda and Shitah LRan 44b s.v. lo yichda, 45b s.v. veit agree. Tosfot Beitzah 21b s.v. knuna citing Rabbenu Tam agrees. Shaarei Muktzeh supports this approach from Tosfot 43a s.v. bodan, 44a s.v. dkulei, 51a s.v. oh, 123a s.v. hay, and Beitzah 2a s.v. vbet.
# The position of the Ramban, Rashba, Ran, Ritva, and Meiri are that a mid-Shabbat bosis is a bosis that even niyur is forbidden. However, if it was placed with intention to be removed before the end of Shabbat it isn't a bosis and niyur is permitted.
##Ramban 143a s.v. vha clarifies that if someone put something in the middle of Shabbat on top of something non-muktzeh the bottom item can't be moved unless the top was only placed there temporarily with intention to remove it through niyur or otherwise. If someone has intention to remove it it isn't a bosis, so niyur is permitted and if you need the place then you can do tiltul min hasad until you reached where you can put it down. This implies that you can create a bosis in the middle of Shabbat. The Rashba 143a s.v. ha, Ritva 143a s.v. mesalek, and Ran 143a s.v. mesalek agree. It isn't clear if you can do niyur on a mid-Shabbat bosis but there is an implication that you can't. Ritva 143a and 44b is very clear even niyur is asur.
##Ritva 154b s.v. vha writes that an item isn't a bosis in the middle of Shabbat if the muktzeh was placed on top with intention to be removed and then niyur is permitted.
##Ramban 154b s.v. vokimna writes that it is an issue of bitul kli mhechano when a person leaves muktzeh on it on Shabbat even though it is possible to remove it with niyur because you left it with intention to do niyur. Rashba 154b s.v. ha and Ritva s.v. vyesh agree. Ran 154b s.v. bshilfi clearly states that a mid-Shabbat bosis is forbidden in niyur unless the muktzeh was placed with intention of removing it.
## Meiri 143a s.v. gariynim and 154b s.v. kvar argues with the Baal Hameor that you can create a bosis in the middle of Shabbat. It isn't clear if he only forbids tiltul min hasad or also niyur. If you didn't leave it there until the end of Shabbat it won't be a bosis.</ref>


==A bosis with both Muktzeh and non-Muktzeh==
==A bosis with both Muktzeh and non-Muktzeh==