Disputed items

From Halachipedia

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

  1. The following items are considered by some to be Kli Sh’Melachto LeHeter while others consider by others to be Kli Sh’Melachto LeIssur.
    1. pictures on the wall [1]
    2. clocks on the wall [2]
    3. buttons that fell off clothes [3]
    4. empty cooking pots that are sometimes used for serving food, fruit, or water [4]
    5. fresh snow [5]
    6. Jigsaw puzzles [6]
    7. lego (toy) [7]

Sources

  1. Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh). If it is expensive, Shemirat Shabbat Kehilchata 20:22 writes that it is muktzeh machmat chisaron kis.
  2. Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh)
  3. Mishna Brurah 308:35 seems to hold that buttons are non-Muktzeh, while Sh”t Igrot Moshe 5:22(20) holds it’s severe Muktzeh. Rav Shlomo Zalman and Rav Elyashiv in Shalmei Yehuda (pg 80) hold it’s non-Muktzeh but say it’s proper to be strict in this case.
  4. The Rosh (in his teshuvot#22, quoted by Bet Yosef 308:4) writes that a grinder may be moved if you place any permissible item (like bread) on the grinder and the same is true of a pot. However, the Rashba (Shabbat 123a) argues that the grinder may only be moved if there’s some of the food that’s normally put in the grinder such as garlic and so too cooked food in a pot. S”A 308:4 seems to rule like the Rosh, however, many achronim (Mishna Brurah 308:26) argue that one should be strict like the Rashba. From both of the above opinions, many achronim argue that an empty pot is Kli Sh’Melachto LeIssur even if the pot is sometimes used to serve the food but primarily is used to cook. [The Gedolot Elisha (308:19) rejects this proof by explaining that really the grinder is Muktzeh as it’s only purpose is a prohibited activity and so it’s only permitted if it has a piece of the food that’s normally in it such as garlic. However, a pot has both a prohibited (cooking) and permitted (serving) purpose. The comparison of the above Rishonim from the grinder to the pot was only to explain what’s normally associated with each vessel.] These achronim (who are strict regarding an empty pot) include: Pri Megadim (M”Z beginning of 308), Ashel Avraham 308:9, 279:2, Mishna Brurah 308:20, 26, Chazon Ish 47:11, Derech HaChaim (Muktzeh#13; Rabbi Yacov MeLisa, author of the Netivot), Sefer Tiltulei Shabbat (pg 46), Shemirat Shabbat KeHilchata 20:15, Rabbi Binyamin Zilber (Sh”t Az Nidabru 9:20, pg 58), Rav Wosner in Sh”t Shevet HaLevi 1:127(3) and Shalmei Yehuda (pg 98).

    On the other hand, some authorities are lenient including the Chaye Adam 66:3 and Kitzur S”A 88:8. Gedolot Elisha (308:19) agrees that many are strict in this regard and consider it a Kli Sh’Melachto LeIssur but concludes that the minhag of Baghdad is to be lenient to treat a empty pot as a Kli Sh’Melachto LeHeter and there is what to rely on. So writes Yalkut Yosef (Kitzur S”A 308:105).
  5. Rav Elyashiv in Shalmei Yehuda (pg 203) and Shemirat Shabbat KeHilchata consider snow to be non-Muktzeh, while Sh”t Igrot Moshe 5:22(37) and Rav Shlomo Zalman Auerbach in Sefer Tiltulei Shabbat (pg 13) consider it severe Muktzeh.
  6. Sefer Tiltulei Shabbat (pg 25 note 24) considers puzzles to be Keli SheMelachto LeIssur as it’s forbidden to put together a puzzle on Shabbat. So writes Shalmei Yehuda (pg 90) quoting Rav Elyashiv. [It’s clear to me, that the above poskim hold like those who forbid building puzzles [including Shemirat Shabbat KeHilchata 16:23]. However, according to those who are lenient regarding building puzzles [Sh”t Or Letzion 2:45:6, Sh”t Beer Moshe 6:26, Rav Pinchas Scheinberg (“Children in Halacha” pg 140), and Menuchat Ahava (vol 3, 22:16) under certain conditions (see there)], the jigsaw puzzle should only be Kli Sh’Melachto LeHeter.]
  7. Sefer Tiltulei Shabbat (pg 24) in name of Rav Moshe Feinstein writes that since they are designated for children’s use (if the child takes it himself) these are Kli Sh’Melachto LeHeter, and Shalmei Yehuda (pg 90) quotes Rav Elyashiv saying that since primarily the toys are used for building which is forbidden but still it could be given to a child to play with (without putting them together) it’s considered Keli SheMelachato LeIssur.