Broken Utensils: Difference between revisions
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==Disposable Utensils== | ==Disposable Utensils== | ||
# A disposable utensil that was used and ready to be thrown out according to some poskim is muktzeh. Others hold it isn't muktzeh even if you throw it out.<ref> | # A disposable utensil that was used and ready to be thrown out according to some poskim is muktzeh. Others hold it isn't muktzeh even if you throw it out.<ref> | ||
# Shemirat | # Shemirat Shabbat KeHilchata 20:41 writes based on Mishna Brurah 308:48 (which is based on Magen Avraham 308:24) that if the kli is usually thrown out it’s [[Muktzeh]]. Menuchat Ahava Ahava vol 1 chapter 13:37 writes that it also applies if it breaks on [[Shabbat]] and his source was the Shulchan Aruch 308:11 like the Mishna Brurah. | ||
# Hagahot Rabbi Akiva Eiger comments on the Magen Avraham 308:24 that the Rashba 125a s.v. ha damar Shmuel learns it’s only if it breaks from before [[Shabbat]] and he disagrees. | # Hagahot Rabbi Akiva Eiger comments on the Magen Avraham 308:24 that the Rashba 125a s.v. ha damar Shmuel learns it’s only if it breaks from before [[Shabbat]] and he disagrees. | ||
# S”A HaRav 308:29 writes this chumra clearly and applies it to whether it breaks before or on [[Shabbat]]. Yalkut Yosef (vol 2 pg 369) quotes the S”A haRav as a yesh mi she’Omer and then says that one should be concerned for this opinion. He concludes that this isn’t the place to discuss it at length. Shalmei Yehuda chapter 3 note 24 quotes Rav Binyamin Zilber who holds like the S”A HaRav as well. | # S”A HaRav 308:29 writes this chumra clearly and applies it to whether it breaks before or on [[Shabbat]]. Yalkut Yosef (vol 2 pg 369) quotes the S”A haRav as a yesh mi she’Omer and then says that one should be concerned for this opinion. He concludes that this isn’t the place to discuss it at length. Shalmei Yehuda chapter 3 note 24 quotes Rav Binyamin Zilber who holds like the S”A HaRav as well. | ||
# However, Shalmei Yehuda on pg 261-2 writes that Rav Chaim Pinchas Scheinberg argues on the S”A HaRav and is lenient. (His argument is that since there’s still a use nowadays it’s just that people are spoiled and use only perfect kelim but if there was a serious need he’d still use the kelim that are broken. Since by definition there is a use it’s considered a kli and is not [[Muktzeh]]. See there where he asks rhetorically that from the time of Mishna Brurah the times haven’t changed that much and people all of a sudden stopped using the broken kelim to cover stuff.) Similarly, the Chut HaSheni (Rav Nassim Karlitz; vol 3, chapter 51, pg 106) agrees with Rav Scheinberg (however see there where he says that it must be a broken kli that would actually fit as a cover normally and that use isn’t just an excuse to make it non-[[Muktzeh]]). Rav Elyashiv (Halachot Shabbat BShabbat 2:20 fnt. 71, cited by Dirshu 308:45) held that even if the disposable utensil was dirtied before Shabbat but wasn't thrown out yet, it wasn't muktzeh because it was possible to be used. | # However, Shalmei Yehuda on pg 261-2 writes that Rav Chaim Pinchas Scheinberg argues on the S”A HaRav and is lenient. (His argument is that since there’s still a use nowadays it’s just that people are spoiled and use only perfect kelim but if there was a serious need he’d still use the kelim that are broken. Since by definition there is a use it’s considered a kli and is not [[Muktzeh]]. See there where he asks rhetorically that from the time of Mishna Brurah the times haven’t changed that much and people all of a sudden stopped using the broken kelim to cover stuff.) Similarly, the Chut HaSheni (Rav Nassim Karlitz; vol 3, chapter 51, pg 106) agrees with Rav Scheinberg (however see there where he says that it must be a broken kli that would actually fit as a cover normally and that use isn’t just an excuse to make it non-[[Muktzeh]]). Rav Elyashiv (Halachot Shabbat BShabbat 2:20 fnt. 71, cited by Dirshu 308:45) held that even if the disposable utensil was dirtied before Shabbat but wasn't thrown out yet, it wasn't muktzeh because it was possible to be used. | ||
# The Halacha Arucha Hilchot [[Shabbat]] (pg 60, 64) writes that Rav Shlomo Zalman, who was strict regarding one time use utensils because people throw it out, would also be strict here. However, the Halacha Arucha concludes that Rav Scheinberg would disagree here and that the minhag is like Rav Scheinberg to be lenient. Rav Ovadia Yosef in Chazon Ovadia v. 3 p. 129 writes that plastic or disposable containers aren't muktzeh until they are thrown out and implies that he agrees with Rav Elyashiv that they aren't muktzeh even after being thrown out. | # The Halacha Arucha Hilchot [[Shabbat]] (pg 60, 64) writes that Rav Shlomo Zalman, who was strict regarding one time use utensils because people throw it out, would also be strict here. However, the Halacha Arucha concludes that Rav Scheinberg would disagree here and that the minhag is like Rav Scheinberg to be lenient. Rav Ovadia Yosef in Chazon Ovadia v. 3 p. 129 writes that plastic or disposable containers aren't muktzeh until they are thrown out and implies that he agrees with Rav Elyashiv that they aren't muktzeh even after being thrown out. | ||
# [If this is connected to whether raw meat is [[Muktzah]] nowadays (considering that no one would eat it raw) then the Shemirat | # See Meor Hashabbat v. 2 letter 24 sec. 7 where Rav Shlomo Zalman Auerbach extends his idea that a disposable item that is meant to be thrown out is muktzeh to other examples. He includes empty milk bags, candy wrappers, empty yogurt containers, keys to a handle that broke, plastic silverware, plastic tablecloth, used tissues, floss that was used, and plastic water bottles that are disposable. In the footnote Rav Yaakov Yisrael Fisher argues that disposables that are ready to be thrown out retain the status of a kli throughout Shabbat if they started Shabbat as such. Also, a disposable utensil is reusable but it is merely a convenience that we choose not to do so. | ||
# [If this is connected to whether raw meat is [[Muktzah]] nowadays (considering that no one would eat it raw) then the Shemirat Shabbat KeHilchata is strict. However, the Mishna Brurah 308:125 is lenient but it just depends on how hard the meat is. Tiltulei [[Shabbat]] (Rav Bodner pg 100) quotes Rav Moshe Feinstein who is strict by raw meat. Rav Chaim Pinchas Scheinberg (Shalmei Yehuda pg 262) is lenient also regarding raw meat.]</ref> | |||
==If It Presents Danger== | ==If It Presents Danger== | ||
# If a broken vessel is in a place where it could cause danger such as if glass broke on the table or in an area that people walk, it’s permissible to move the pieces to prevent danger. <Ref>Rama 308:6 </ref> | # If a broken vessel is in a place where it could cause danger such as if glass broke on the table or in an area that people walk, it’s permissible to move the pieces to prevent danger. <Ref>Rama 308:6 </ref> | ||
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#An oven that one of the legs broke is muktzeh<ref>Chut Shani Shabbat v. 3 p. 119 writes that it is only a kli shemelachto lisur but it is still forbidden to move it to prop it up to sit upon since doing so will cause you to come to fix it. Yet, the Tehilah Ldovid 308:22, Shulchan Aruch Harav 308:47, Tiltulei Shabbat p. 147, and Orchot Shabbat v. p. 82 conclude that it is completely muktzeh machmat gufo.</ref> because you might come to fix it on Shabbat.<ref>Gemara Shabbat 138b, Shulchan Aruch O.C. 308:16</ref> | #An oven that one of the legs broke is muktzeh<ref>Chut Shani Shabbat v. 3 p. 119 writes that it is only a kli shemelachto lisur but it is still forbidden to move it to prop it up to sit upon since doing so will cause you to come to fix it. Yet, the Tehilah Ldovid 308:22, Shulchan Aruch Harav 308:47, Tiltulei Shabbat p. 147, and Orchot Shabbat v. p. 82 conclude that it is completely muktzeh machmat gufo.</ref> because you might come to fix it on Shabbat.<ref>Gemara Shabbat 138b, Shulchan Aruch O.C. 308:16</ref> | ||
==Eyeglasses== | ==Eyeglasses== | ||
# Glasses which broke and are usable to wear some poskim hold that it is muktzeh since you might be tempted to fix it on Shabbat<ref>Shalmei Yehuda p. 86 citing Rav Shlomo Zalman Auerbach, Chut Shani Shabbat v. 3 p. 119</ref>, other poskim are lenient since it is perfectly wearable and you wouldn’t come to fix it.<ref>Tiltulei Shabbat pp. 147-8 quoting Rav Moshe Feinstein</ref> If you used while it is broken once before Shabbat certainly it is permitted to wear on Shabbat.<ref>Rama 308:16, Mishna Brurah 308:71</ref> | # Glasses which broke and are usable to wear some poskim hold that it is muktzeh since you might be tempted to fix it on Shabbat<ref>Shalmei Yehuda p. 86 citing Rav Shlomo Zalman Auerbach, Chut Shani Shabbat v. 3 p. 119</ref>, other poskim are lenient since it is perfectly wearable and you wouldn’t come to fix it.<ref>Tiltulei Shabbat pp. 147-8 quoting Rav Moshe Feinstein. See Imrei Yosher 2:202 who is lenient since it is wearable and unlikely you'll fix and one wouldn't fix it tightly because of a concern of breaking it. Rav Ovadia Yosef in Kol Sinai p. 313 agrees.</ref> If you used while it is broken once before Shabbat certainly it is permitted to wear on Shabbat.<ref>Rama 308:16, Mishna Brurah 308:71</ref> | ||
# If the eyeglasses broke and it is still usable but needs a professional repair it is permitted to use and there’s no concern you’ll fix it since it needs a professional repair.<ref>Orchot Shabbat v. 2 p. 82 based on Mishna Brurah 308:69</ref> | # If the eyeglasses broke and it is still usable but needs a professional repair it is permitted to use and there’s no concern you’ll fix it since it needs a professional repair.<ref>Orchot Shabbat v. 2 p. 82 based on Mishna Brurah 308:69</ref> | ||
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==Button that Fell Off== | ==Button that Fell Off== | ||
# If a button fell off of a shirt on Shabbat, according to some poskim, if one plans on using it to sew back onto the shirt it isn't muktzeh, but not if it is a standard button that one doesn't care to save because there are many like it available.<ref> Mishna Brurah 308:35 writes that the lid of a kli that fell off on Shabbat isn't muktzeh since it can be reattached. Similarly, [http://www.hebrewbooks.org/pdfpager.aspx?req=41315&st=&pgnum=123 Tehillah LDovid 308:11] explains that even though it is forbidden to reattach it on Shabbat since it could be used to reattach after Shabbat it is still called a kli. He discusses whether this applies to all kelim that break or only those which are easily reattached like a door. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata 15:72) held that a button that fell off a shirt on Shabbat is the same as a door that fell off a container. Since it could be returned after Shabbat it is essentially a kli. Nonetheless, this only applies if it is a unique button to a unique shirt but if it is the standard one then a person doesn't usually care about saving it and so it isn't a kli. Shemirat Shabbat Kehilchata concludes that it is proper to be strict. [http://www.hebrewbooks.org/pdfpager.aspx?req=49531&st=&pgnum=203 Minchat Shabbat 88:2] and [http://www.hebrewbooks.org/pdfpager.aspx?req=880&pgnum=247 Az Nidberu 7:46] agree. He added that if there's a type of item which required a professional to reattach it then it would be muktzeh. Menuchat Ahava v. 1 p. 285 says it isn't muktzeh only if you plan to reattach it. [http://www.dailyhalacha.com/m/halacha.aspx?id=261 R' Mansour] agrees. Chazon Ovadia 3:7 and Yabia Omer 7:37:4 is lenient about a button that fell off. Shalmei Yehuda (p. 80) quotes Rav Elyashiv who questioned the proofs to be lenient.</ref> Other poskim hold that it is totally muktzeh since it isn't useful right now.<ref>Why are doors of kelim that break off not muktzeh? Tosfot Shabbat 122b s.v. adaraba explains that it useful to be reused when reattached. Ran 122b s.v. adaraba agrees. Mishna Brurah 308:35 codifies this. However, Shitah Lner 122b s.v. vaf and Meiri 122b s.v. amar imply otherwise; it isn’t muktzeh since it is currently useful for its original purpose of covering utensils. | # If a button fell off of a shirt on Shabbat, according to some poskim, if one plans on using it to sew back onto the shirt it isn't muktzeh, but not if it is a standard button that one doesn't care to save because there are many like it available.<ref> Mishna Brurah 308:35 writes that the lid of a kli that fell off on Shabbat isn't muktzeh since it can be reattached. Similarly, [http://www.hebrewbooks.org/pdfpager.aspx?req=41315&st=&pgnum=123 Tehillah LDovid 308:11] explains that even though it is forbidden to reattach it on Shabbat since it could be used to reattach after Shabbat it is still called a kli. He discusses whether this applies to all kelim that break or only those which are easily reattached like a door. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata 15:72) held that a button that fell off a shirt on Shabbat is the same as a door that fell off a container. Since it could be returned after Shabbat it is essentially a kli. Nonetheless, this only applies if it is a unique button to a unique shirt but if it is the standard one then a person doesn't usually care about saving it and so it isn't a kli. Shemirat Shabbat Kehilchata concludes that it is proper to be strict. [http://www.hebrewbooks.org/pdfpager.aspx?req=49531&st=&pgnum=203 Minchat Shabbat 88:2] and [http://www.hebrewbooks.org/pdfpager.aspx?req=880&pgnum=247 Az Nidberu 7:46] agree. He added that if there's a type of item which required a professional to reattach it then it would be muktzeh. Menuchat Ahava v. 1 p. 285 says it isn't muktzeh only if you plan to reattach it. [http://www.dailyhalacha.com/m/halacha.aspx?id=261 R' Mansour] agrees. Chazon Ovadia 3:7 and Yabia Omer 7:37:4 is lenient about a button that fell off. [https://forum.moreshet-maran.com/index.php?threads/%D7%9B%D7%A4%D7%AA%D7%95%D7%A8-%D7%A9%D7%A0%D7%A4%D7%9C-%D7%9E%D7%94%D7%9E%D7%A2%D7%99%D7%9C-%D7%91%D7%A9%D7%91%D7%AA.26/ moreshet-maran.com] discusses the distinction of the language of Rav Ovadia whether it is proper to be strict or unnecessary. Shalmei Yehuda (p. 80) quotes Rav Elyashiv who questioned the proofs to be lenient.</ref> Other poskim hold that it is totally muktzeh since it isn't useful right now.<ref>Why are doors of kelim that break off not muktzeh? Tosfot Shabbat 122b s.v. adaraba explains that it useful to be reused when reattached. Ran 122b s.v. adaraba agrees. Mishna Brurah 308:35 codifies this. However, Shitah Lner 122b s.v. vaf and Meiri 122b s.v. amar imply otherwise; it isn’t muktzeh since it is currently useful for its original purpose of covering utensils. | ||
* Shemirat Shabbat Kehilchata ch. 15 fnt. 235 points out that Mishna Brurah 308:35 permits anything that can be reattached even if it can't be used for anything else. However, we should be strict for the Meiri. Also, Rav Moshe Feinstein in Igrot Moshe 5:22:20 held that a button that fell off is really muktzeh since it isn't useful for anything.</ref> | * Shemirat Shabbat Kehilchata ch. 15 fnt. 235 points out that Mishna Brurah 308:35 permits anything that can be reattached even if it can't be used for anything else. However, we should be strict for the Meiri. Also, Rav Moshe Feinstein in Igrot Moshe 5:22:20 held that a button that fell off is really muktzeh since it isn't useful for anything.</ref> | ||
