Broken Utensils: Difference between revisions

# Some say that nowadays since most people throw out a broken vessel once it breaks it’s considered [[Muktzeh]] unless it’s a vessel which wouldn’t be thrown out by people, while others are of the opinion that if it has a function to cover a vessel normally (or another permissible purpose) then even if one practically one use it for that purpose it’s considered a vessel and non-[[Muktzeh]]. <Ref>Shulchan Aruch Harav 308:29 implies the stringent approach since it needs to be a significant use that would encourage you to save the utensil for that purpose. The same can be found in the Shitah Lran 124b. Chazon Ish 43:16 implies similarly. Rav Sheinberg (Shalmei Yehuda p. 261) argues that all that is necessary is that it is theoretically usable.  

# Tosfot [[Shabbat]] 49b s.v. Lo Amru says that there’s a contradiction between the Gemara 49b and 123a whether the definitions of a vessel by tumah are the same as the definitions of kelim by [[Shabbat]]. On 49b the gemara says whether leather hides are worked or not still it’s not [[Muktzeh]] because there’s no difference between worked hides and unworked hides except by Tumah. Rashi explains that by tumah before it’s worked it’s not tameh and after it’s worked it is tameh. Tosfot challenges this from Zevachim 93b which says that a hide that’s skinned prior to being worked is tameh. Therefore, Tosfot say that really in zevachim it’s tameh even though it wasn’t worked since one designated it for sitting, and in [[Shabbat]] it’s not tameh since it wasn’t worked and one didn’t designate it for sitting. Anyway, it turns out that it’s not [[Muktzeh]] if it’s not worked (even though it’s not designated) – even though it wouldn’t be a kli regarding tumah. However, Gemara 123a states that if something isn’t a kli regarding tumah (a broken needle) it’s also not a kli regarding [[Muktzeh]].  

# Bottom line: a broken needle is [[Muktzeh]] because it’s not a kli regarding tumah even if one did designation (if would actually need a shinui or tikkun).  

# Magen Avraham 308:24 uses this idea to explain why the broken needle is [[Muktzeh]] and a broken kli isn’t- because a broken needle would need a tikkun to be a kli regarding tumah and a broken kli would only need a designation to be a kli regarding tumah.  

==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>

# 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.

# 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.

# 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 It Presents Danger==

[[Category:Shabbat]]

[[Category:Muktzeh]]