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Disputed items: Difference between revisions
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These are items which some consider it to be a strict [[muktzeh]], while others consider them to be a more lenient category of [[muktzeh]]. | These are items which some consider it to be a strict [[muktzeh]], while others consider them to be a more lenient category of [[muktzeh]]. | ||
==Kli Heter or Isser== | ==Kli Heter or Isser== | ||
# Some poskim say that an unused wax candle is considered Kli SheMelachto LeIssur, since it is a useable item during the week, while others say that it is Muktzeh Machmat Gufo, as it has no permitted use on Shabbat. <Ref> The Magen Avraham 308:18 writes that an unused wax candle is considered Kli SheMelachto LeIssur and not Muktzeh Machmat Gufo. The Mor U’Ketziah (to Magen Avraham 308:18), however, maintains that a candle should be considered Muktzeh Machmat Gufo, since it doesn’t have any permitted use on Shabbat at all. Mishna Brurah (308:34 and Shaar HaTziyun 279:4) rules like the Magen Avraham, although he mentions the opinion of the Mor U’Ketziah. | |||
* Rabbi Simcha Bunim Cohen (ibid. p. 15 n 14) writes that a candle is an item that has the status of a Kli because it is useable during the week. He therefore explains that this dispute really is a fundamental argument about whether a Kil SheMelachto LeIssur that has no other purpose other than one that is forbidden on Shabbat is considered Muktzeh Machmat Gufo or not. See Shalmei Yehuda (p. 14), who questions this explanation. He instead suggests that perhaps a candle was used for permitted purposes other than kindling in the days of the Magen Avraham; alternatively, the Mor U’Ketziah does not consider burning to be a use even during the week. See also Orchot Shabbat (v. 3, p. 305) who writes that this issue is dependant on a dispute in the Rishonim.</ref> | |||
# There is a wide dispute regarding the status of Tefillin on Shabbat, ranging from a Kli SheMelachto LeHetter to Muktzeh Machmat Gufo. <Ref> The Beit Yosef 308:4 quotes the Sefer Mikdash, who suggests that Tefillin should be considered Kli SheMelachto LeIssur. The Beit Yosef, however, sides with Rabbi Levi Ben Chaviv, who argues that Tefillin are Kli SheMelachto LeHetter, since it is permissible to wear them on Shabbat. Thus, the Trumat HaDeshen 70 and Rama 308:4 rule that Tefillin may be moved for any need on Shabbat. | |||
* The Taz 308:3 and Magen Avraham 308:11 ask how the Beit Yosef and Rama could say that Tefillin is considered Kli SheMelachto LeHetter given that S”A 31:1 follows the Zohar that it is forbidden to wear Tefillin on Shabbat. Mishna Brurah 308:24 writes that unless there is a great need, one should follow the strict view of the Taz and Magen Avraham. See Aruch HaShulchan 308:17 who is lenient since Tefillin are similar to religious books. | |||
* Rav Shlomo Zalman Auerbach (quoted by Shemirat Shabbat Kehilchata 20 n 33) maintains that even if Tefillin are considered Kli SheMelachto LeIssur, they are not Muktzeh Machmat Chisaron Kis since they can be used to learn halacha from or can be worn without intent to fulfill the mitzvah. Rav Mordechai Willig (Am Mordechai p. 113) disagrees because practically speaking, people don’t wear Tefillin without intent to fulfill the mitzvah and thus they should be considered Muktzeh Machmat Chisaron Kis. Brit Olam (p. 113) agrees. | |||
* Rav Soloveitchik (Nefesh HaRav p. 170) similarly forbids moving Tefillin on Shabbat but bases this on considering Tefillin to be Mutzeh Machmat Gufo, since they are like a Kli SheMelachto LeIssur for which there’s no permitted purpose on Shabbat (see note #2). Rabbi Simcha Bunim Cohen (ibid. p. 73, n 3) also entertains this possibility. </ref> | |||
# The following items are considered by some to be Kli Sh’Melachto LeHeter while others consider by others to be Kli Sh’Melachto LeIssur. | # The following items are considered by some to be Kli Sh’Melachto LeHeter while others consider by others to be Kli Sh’Melachto LeIssur. | ||
* pictures on the wall <ref> Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh) </ref> | * pictures on the wall <ref> Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh) </ref> | ||
