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General Laws of Muktzeh: Difference between revisions
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# The rabbis were concerned that if one were to move any item one would come to carry outdoors.<Ref>Rambam and Raavad ([[Shabbat]] 24:12), Bet Yosef (Intro to 308), Mishna Brurah (Intro to 308), Yalkut Yosef ([[Shabbat]] v. 2, p. 304) </ref> | # The rabbis were concerned that if one were to move any item one would come to carry outdoors.<Ref>Rambam and Raavad ([[Shabbat]] 24:12), Bet Yosef (Intro to 308), Mishna Brurah (Intro to 308), Yalkut Yosef ([[Shabbat]] v. 2, p. 304) </ref> | ||
==Ways of | ==Ways of Moving Muktzeh== | ||
# If a [[Muktzeh]] item is on top of a non-[[Muktzeh]] item, it is permitted to move the [[Muktzeh]] indirectly if one’s intent is to use the non-[[Muktzeh]] item but not if one’s intent is to move the [[Muktzeh]]. This assumes that the non-[[Muktzeh]] item isn’t a [[Bosis]] and one can’t remove the [[Muktzeh]] by tilting. <Ref> In the Gemara ([[Shabbat]] 123a) Rav Nachman states that indirect movement of [[Muktzeh]] is permitted. On the other hand, the Gemara (43b) earlier states that everyone agrees indirect movement of [[Muktzeh]] is forbidden. Tosfot (43b s.v. DeKuleh) answer that indirect movement of [[Muktzeh]] is permitted if one’s purpose is to move the permitted item and a [[Muktzeh]] item is drawn along, but if one’s intent is to move the [[Muktzeh]] item, one may not do so even indirectly. The Rif 20b, Rambam ([[Shabbat]] 25:14), and Rosh 3:19 agree to this resolution. Tur and S”A 311:8 codify this as halacha. | ===Moving Muktzeh Indirectly=== | ||
# If a [[Muktzeh]] item is on top of a non-[[Muktzeh]] item, it is permitted to move the [[Muktzeh]] indirectly (''tiltul min hasad'') if one’s intent is to use the non-[[Muktzeh]] item but not if one’s intent is to move the [[Muktzeh]]. This assumes that the non-[[Muktzeh]] item isn’t a [[Bosis]] and one can’t remove the [[Muktzeh]] by tilting. <Ref> In the Gemara ([[Shabbat]] 123a) Rav Nachman states that indirect movement of [[Muktzeh]] is permitted. On the other hand, the Gemara (43b) earlier states that everyone agrees indirect movement of [[Muktzeh]] is forbidden. Tosfot (43b s.v. DeKuleh) answer that indirect movement of [[Muktzeh]] is permitted if one’s purpose is to move the permitted item and a [[Muktzeh]] item is drawn along, but if one’s intent is to move the [[Muktzeh]] item, one may not do so even indirectly. The Rif 20b, Rambam ([[Shabbat]] 25:14), and Rosh 3:19 agree to this resolution. Tur and S”A 311:8 codify this as halacha. | |||
* The Chazon Ish 47:12-14 explains that if one is moving a [[Muktzeh]] item and a non-[[Muktzeh]] item for the sake of the [[Muktzeh]], it is considered as though one is moving [[Muktzeh]], but if one is moving it for the sake of the non-[[Muktzeh]] item, it is considered as though one is moving only the non-[[Muktzeh]]. Accordingly, the Chazon Ish writes that he doesn’t understand the Taz 308:18 and Mishna Brurah 308:115, who write that one may push peels or bones that are totally inedible off the table using a knife if one needs the area where these peels and bones are located since one is moving [[Muktzeh]] indirectly for a permitted need. The Chazon Ish argues that since one is primarily focused on moving the [[Muktzeh]], it is forbidden even if it is done indirectly. | * The Chazon Ish 47:12-14 explains that if one is moving a [[Muktzeh]] item and a non-[[Muktzeh]] item for the sake of the [[Muktzeh]], it is considered as though one is moving [[Muktzeh]], but if one is moving it for the sake of the non-[[Muktzeh]] item, it is considered as though one is moving only the non-[[Muktzeh]]. Accordingly, the Chazon Ish writes that he doesn’t understand the Taz 308:18 and Mishna Brurah 308:115, who write that one may push peels or bones that are totally inedible off the table using a knife if one needs the area where these peels and bones are located since one is moving [[Muktzeh]] indirectly for a permitted need. The Chazon Ish argues that since one is primarily focused on moving the [[Muktzeh]], it is forbidden even if it is done indirectly. | ||
* Rabbi Mordechai Willig (Am Mordechai p. 104-6) explains that the Mishna Brurah and others hold that it is permitted to move [[Muktzeh]] indirectly for a permitted use on [[Shabbat]] as Chazal were lenient with regards to moving [[Muktzeh]] indirectly for a permitted purpose. He explains that this leniency may be due to the fact that [[Muktzeh]] is based on the prohibition to carry on [[Shabbat]]. Even if one carried [[Muktzeh]] for a permitted purpose and not for the [[Muktzeh]] itself, it would be Melacha Sheino Tzaricha LeGufo and not a biblical prohibition. However, Chazal only permitted moving [[Muktzeh]] for a permitted use if done indirectly or in an abnormal manner because of a Lo Plug. Shemirat [[Shabbat]] Kehilchata 22:38 agrees with the Mishna Brurah. | * Rabbi Mordechai Willig (Am Mordechai p. 104-6) explains that the Mishna Brurah and others hold that it is permitted to move [[Muktzeh]] indirectly for a permitted use on [[Shabbat]] as Chazal were lenient with regards to moving [[Muktzeh]] indirectly for a permitted purpose. He explains that this leniency may be due to the fact that [[Muktzeh]] is based on the prohibition to carry on [[Shabbat]]. Even if one carried [[Muktzeh]] for a permitted purpose and not for the [[Muktzeh]] itself, it would be Melacha Sheino Tzaricha LeGufo and not a biblical prohibition. However, Chazal only permitted moving [[Muktzeh]] for a permitted use if done indirectly or in an abnormal manner because of a Lo Plug. Shemirat [[Shabbat]] Kehilchata 22:38 agrees with the Mishna Brurah. | ||
* Based on S”A 309:3-4, Rabbi Simcha Bunim Cohen (Muktzeh, A Practical Guide p. 35-8) notes that one may not indirectly move a non-[[Muktzeh]] item if it was a Bosis. Additionally, if one can remove the [[Muktzeh]] item by tilting, one may not move it indirectly.</ref> | * Based on S”A 309:3-4, Rabbi Simcha Bunim Cohen (Muktzeh, A Practical Guide p. 35-8) notes that one may not indirectly move a non-[[Muktzeh]] item if it was a Bosis. Additionally, if one can remove the [[Muktzeh]] item by tilting, one may not move it indirectly.</ref> | ||
# It is permitted to move a [[Muktzeh]] item with one’s body | ===Moving Muktzeh with Your Body=== | ||
* The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig (Am Mordechai p. 105-6) who connects this to the above dispute. </ref> | # It is permitted to move a [[Muktzeh]] item with one’s body<Ref> The Mishnah ([[Shabbat]] 141a) states that one may push [[Muktzeh]] straw off of his bed with his body but not with his hands. The Gemara explains that this is based on the principle that indirect movement of [[Muktzeh]] is permitted. Based on the distinction of Tosfot (see note 1), Rabbeinu Yonah (cited by the Rosh 3:19) asks why indirect movement of [[Muktzeh]] is permitted if one’s intent is to move the [[Muktzeh]] item. The Rosh answers that moving [[Muktzeh]] with one’s body is permitted even if one’s intent is to move [[Muktzeh]], whereas direct movement of a non-[[Muktzeh]] item which in turn moves a [[Muktzeh]] item is permitted only if one’s intent is for the non-[[Muktzeh]] item. Tur and S”A 311:8 codify this as halacha. | ||
# It’s permissible to blow on [[Muktzeh]] to make it move if | * The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig (Am Mordechai p. 105-6) who connects this to the above dispute. </ref> as long as that isn't the normal way to move the muktzeh.<ref>Menuchat Ahava 1:13:9. For example, Menuchat Ahava 1:13:12 writes that if a soccer ball is muktzeh it is forbidden to kick it since that is the normal way to move it during the week. See however, Yalkut Yosef Shabbat v. 2 5771 p. 434 who seems to disagree and doesn't think it is an issue of carrying muktzeh in your pocket even though it is normal since it is tiltul bgufo.</ref> | ||
# It’s permissible to blow on [[Muktzeh]] to make it move even if it is for the protection of the muktzeh item. <Ref>Shulchan Aruch 308:43 and Rama 308:3 consider blowing on [[Muktzeh]] as tiltul bgufo and is permitted even if it is for the protection of the muktzeh. Rabbi Akiva Eiger on Rama 308:3 points out that the Maharil 200 holds that moving muktzeh with one's body is like indirect movement which can be moved only for a permissible purpose. But he concludes that we hold like the Rosh that it is permitted even for the muktzeh itself. Similarly see Mishna Brurah 309:15 who cites a similar approach of the Maharil.</ref> | |||
# Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magen Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref> | # Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magen Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref> | ||
# It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Ran on Rif (Shabbat 46b), Mishna Brurah 308:82 </ref> | # It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Ran on Rif (Shabbat 46b), Mishna Brurah 308:82 </ref> | ||
===For Safety=== | ===For Safety=== | ||
# It is permitted to move something dangerous that is muktzeh such as moving broken glass on the floor of a house.<ref>Shabbat 40a, Rama 308:6. Mishna Brurah 308:29 and 77 clarifies that the leniency applies even if it is for the safety of one person.</ref> If it could be moved with one's body or without tiltul min hasad it should.<ref>Byitzchak Bikareh 308:18</ref> | # It is permitted to move something dangerous that is muktzeh such as moving broken glass on the floor of a house.<ref>Shabbat 40a, Rama 308:6. Mishna Brurah 308:29 and 77 clarifies that the leniency applies even if it is for the safety of one person.</ref> If it could be moved with one's body or without tiltul min hasad it should.<ref>Byitzchak Bikareh 308:18</ref> | ||
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==Unpleasant Situations (Geref Shel Reey)== | ==Unpleasant Situations (Geref Shel Reey)== | ||
# Anything which is disgusting such as feces, a dead mouse, and the like are [[Muktzeh]]. <Ref>Mishna Brurah 308:136 </ref> However, they may be moved (to a garbage) out of a place which are used frequently such as places in one’s house which are used, or path in front of one’s house. <Ref>Shulchan Aruch 308:34, Mishna Brurah 308:130, 131 </ref> | # Anything which is disgusting such as feces, a dead mouse, and the like are [[Muktzeh]]. <Ref>Mishna Brurah 308:136 </ref> However, they may be moved (to a garbage) out of a place which are used frequently such as places in one’s house which are used, or path in front of one’s house. <Ref>Shulchan Aruch 308:34, Mishna Brurah 308:130, 131 </ref> | ||
# A disgusting item may not be returned to the house. <Ref> | # A disgusting item may not be returned to the house. <Ref>Shulchan Aruch O.C. 308:35 </ref> | ||
# Something which is disgusting in a place that’s not used frequently may not be moved and in cases of loss one may sit in that place so that it’ll be disgusting and will require one to remove it. <Ref> | # The criteria of Graf Shel Reey depend on the individual.<Ref>Rama 279:2</ref> Some say that as long as it is unpleasant it is permitted.<ref>Rav Shlomo Zalman Auerbach in Tiltulei Shabbat p. 14</ref> | ||
===Cases of Loss=== | |||
# Something which is disgusting in a place that’s not used frequently may not be moved and in cases of loss one may sit in that place so that it’ll be disgusting and will require one to remove it. <Ref>Shulchan Aruch 308:34 and 37, Mishna Brurah 308:131. </ref> | |||
===Muktzeh Machmat Miyus=== | |||
# Something which is not so disgusting but unpleasant such as having a bad smell is not [[Muktzeh]]. <Ref> Shulchan Aruch 310:1, Mishna Brurah 310:1 </ref> | # Something which is not so disgusting but unpleasant such as having a bad smell is not [[Muktzeh]]. <Ref> Shulchan Aruch 310:1, Mishna Brurah 310:1 </ref> | ||
See [[Muktzeh Machmat Miyus]] | |||
===Creating a Disgusting Situation Initially=== | |||
# In the first place, one may not make a situation which is disgusting which will need to be removed, however after the fact, the disgusting item may be removed. <Ref>Shulchan Aruch 308:36 writes that one should make a disgusting object in order to remove it from the house, and Mishna Brurah 308:139 explains that one shouldn’t make a disgusting item (which will need to be removed) irrelevant of one’s intent. </ref> | # In the first place, one may not make a situation which is disgusting which will need to be removed, however after the fact, the disgusting item may be removed. <Ref>Shulchan Aruch 308:36 writes that one should make a disgusting object in order to remove it from the house, and Mishna Brurah 308:139 explains that one shouldn’t make a disgusting item (which will need to be removed) irrelevant of one’s intent. </ref> | ||
# If there is a leak of dirty water (such as from an air conditioner<ref>Orchot Shabbat v. 2 p. 183</ref>) that isn't drinkable for humans or animals one shouldn't put a bucket under that leak since it is considered establishing a utensil in one spot ([[bitul kli mehechano]]) and will only be permitted because of graf shel reey.<ref> The Rambam Shabbat 25:24 writes that one may not place a bucket underneath a leak of dirty water on Shabbat since doing so relies on the leniency of graf shel reey. Bet Yosef 308:8 explains that the Ran Beitzah 20a adds that putting a bucket under the dirty water is bitul kli mhechano and only permitted if you rely on graf shel reey. But you can't construct a circumstance where you need to rely on graf shel reey initially. | |||
* However, the Tur disagrees with the Rambam that it is permitted to place a bucket under the water. The Back 338:6 explains that it is permitted since one is only doing so to avoid my house from getting dirty with dirty water on the floor. Therefore it isn't considered creating a graf shel reey initially. Taz 338:4 explains that the Tur holds that it isn't creating a a graf shel reey since the situation of a leek already existed.</ref> If it is a room where you are dwelling and it will be unpleasant in a case of great need there is a leniency to put the bucket to collect water.<ref>Chaye Adam 67:26, Biur Halacha 338:8</ref> | |||
# One could solve the issue by putting non-muktzeh such as toys in the bucket before putting underneath the leak.<ref>Orchot Shabbat v. 2 p. 182</ref> | |||
# It is permitted to wash one's hands in the morning or for mayim achronim and then take that container and dump it out since that water is considered a graf shel reey.<ref>Biur Halacha 338:8 s.v. asur, Orchot Shabbat v. 2 p. 183</ref> | |||
# Some hold that it is permitted to eat normally and put the muktzeh shells, peels, and seeds on the plate even though the result is going to be a graf shel reey and that isn't considered making it a graf shel reey initially.<ref> Shitah Mikubeset 21b s.v. vchi writes that eating and leaving the shells and bones isn’t considered making a graf shel reey initially. Orchot Shabbat v. 2 p. 180 and Shiurim Bhalacha Shabbat p. 421 accept this. This might be implied by Mishna Brurah 308:115. | |||
* However, Maggid Mishna Shabbat 26:16 and Meiri 143a say it is forbidden to put one’s muktzeh seeds on a plate in front of oneself rather one should throw them away immediately as one eats. Rav Elyashiv cited in Shvut Yitzchak Muktzeh 9:7 and Dirshu 308:144 asserts that even according to Rambam you could eat if you would need to move it even after you drop it on the floor behind yourself. | |||
* To explain why it is permitted in light of Beitzah 21b that it is forbidden to invite a non-Jew on Yom Tov because doing so would create a graf shel reey Orchot Shabbat explains that inviting a non-Jew is considered out of the ordinary.</ref> | |||
===Potty=== | |||
# A container for going to the bathroom such as a child’s potty is muktzeh after the goes to the bathroom in it. It can be emptied out because it is disgusting but it can’t be returned unless some water is placed in it.<ref>Beitzah 36b, Shulchan Aruch 308:35. Bet Yosef 308:35 cites the Mahari Avuhav who was bothered how adding water helps since placing something permitted on something muktzeh doesn’t help except for a corpse. Mishna Brurah 308:135 explains that the container for waste is muktzeh like a rock since it can’t be used for anything while it is disgusting. Chazon Ish 48:10 argues that the entire concept of placing in water is a unique gezerah and has nothing to do with muktzeh.</ref> | # A container for going to the bathroom such as a child’s potty is muktzeh after the goes to the bathroom in it. It can be emptied out because it is disgusting but it can’t be returned unless some water is placed in it.<ref>Beitzah 36b, Shulchan Aruch 308:35. Bet Yosef 308:35 cites the Mahari Avuhav who was bothered how adding water helps since placing something permitted on something muktzeh doesn’t help except for a corpse. Mishna Brurah 308:135 explains that the container for waste is muktzeh like a rock since it can’t be used for anything while it is disgusting. Chazon Ish 48:10 argues that the entire concept of placing in water is a unique gezerah and has nothing to do with muktzeh.</ref> | ||
===Taking Out the Garbage=== | |||
#It is permitted to take the garbage that is unpleasant to have around because of its smell or otherwise.<ref>Can you take out the garbage? Tiltulei Shabbat p. 267 writes that if the garbage is foul smelling or otherwise miyus muter. Dirshu opposite 308:34 cites Chut Shani who is strict if the garbage is in the kitchen since isn’t a place where you live. </ref> | #It is permitted to take the garbage that is unpleasant to have around because of its smell or otherwise.<ref>Can you take out the garbage? Tiltulei Shabbat p. 267 writes that if the garbage is foul smelling or otherwise miyus muter. Dirshu opposite 308:34 cites Chut Shani who is strict if the garbage is in the kitchen since isn’t a place where you live. </ref> | ||
===Avoiding Moving a Graf Shel Reey=== | ===Avoiding Moving a Graf Shel Reey=== | ||
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# If someone thought that something was permitted and non-muktzeh and on Shabbat he realized that in fact it was muktzeh many hold that it is indeed muktzeh, others holds it isn’t muktzeh.<Ref>Dirshu 310:25 quotes Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:62:11 and Shemirat Shabbat Khilchata ch. 22 fnt. 31 that it is forbidden but the Tosfot Rid Beitzah 31b permits it.</ref> | # If someone thought that something was permitted and non-muktzeh and on Shabbat he realized that in fact it was muktzeh many hold that it is indeed muktzeh, others holds it isn’t muktzeh.<Ref>Dirshu 310:25 quotes Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:62:11 and Shemirat Shabbat Khilchata ch. 22 fnt. 31 that it is forbidden but the Tosfot Rid Beitzah 31b permits it.</ref> | ||
## If someone has intention to use a book or newspaper which is forbidden to read always or if it is forbidden to read on Shabbat, for them it isn’t muktzeh.<ref>Tiltulei Shabbat p. 138 fnt. 10 quotes Rav Moshe Feinstein as holding that if someone has intention to use a muktzeh machmat isur and violate the isur it isn’t muktzeh. This is relevant to business newspapers or inappropriate books which are forbidden to read. He also cites Rav Shlomo Zalman Auerbach as holding it isn’t muktzeh but limiting it to him but for others it would be muktzeh.</ref> | ## If someone has intention to use a book or newspaper which is forbidden to read always or if it is forbidden to read on Shabbat, for them it isn’t muktzeh.<ref>Tiltulei Shabbat p. 138 fnt. 10 quotes Rav Moshe Feinstein as holding that if someone has intention to use a muktzeh machmat isur and violate the isur it isn’t muktzeh. This is relevant to business newspapers or inappropriate books which are forbidden to read. He also cites Rav Shlomo Zalman Auerbach as holding it isn’t muktzeh but limiting it to him but for others it would be muktzeh.</ref> | ||
==Muktzeh of a Non-Jew== | |||
# Something that is muktzeh because it wasn't prepared isn't muktzeh if it belonged to a non-Jew because a non-Jew has intention to use all of his objects on Shabbat.<ref>Ran Shabbat 46b s.v. asah, Rama 310:2, Shulchan Aruch 498:3, 517:1</ref> Therefore, building material that the non-Jew made into something useful isn't muktzeh; for example, a piece of lumber that a non-Jew made into a ramp on Shabbat isn't muktzeh.<ref>Ran Shabbat 46b s.v. asah</ref> | |||
# Something that is muktzeh because of a prohibition that would be necessary to prepare it is muktzeh even if it belongs to a non-Jew.<ref>Ran Shabbat 46a, Gra 310:14, Mishna Brurah 310:12, Mishna Brurah 325:21</ref> | |||
# Something that wasn't edible at the beginning of Shabbat and wasn't going to be ready until after Shabbat if it became edible and belongs to a non-Jew it isn't muktzeh.<ref>Kol Bo 58 cited by Bet Yosef 310:2 writes that inedible grapes that were left to dry and weren't ready to be eaten all of Shabbat and would be forbidden for a Jew if it belongs to a non-Jew it is permitted. The Rama 310:2 codifies the Kol Bo.</ref> Others argue.<ref>The Bet Meir 310:2 argues that the Ran 46b would be strict since it couldn't possibly have been designated to be used before Shabbat since it wasn't edible. Mishna Brurah 310:13 cites this Bet Meir and limits the Rama to a case where it was partially edible before Shabbat.</ref> | |||
# Something that was attached to the ground or an animal that wasn't trapped is muktzeh even though it belonged to a non-Jew at the beginning of Shabbat.<ref>Rashi Beitzah 24b, Shulchan Aruch 325:5, Mishna Brurah 325:21</ref> | |||
#Something that was inedible and became edible in the middle of Shabbat as a result of the non-Jew's cooking is muktzeh since it started Shabbat as muktzeh even if the food belongs to a non-Jew. This is relevant to bread baked by a non-Jew on Shabbat.<ref> | |||
Rosh Beitzah 3:17 writes that a non-Jew who baked flour into bread isn't muktzeh even though the flour wasn't edible at the beginning of Shabbat since the non-Jew made it permitted. He cites Rabbenu Tam who was strict. Shulchan Aruch 325:4 cites the dispute and is strict.</ref> | |||
# Something that was made on Shabbat and is nolad, some say that if it belongs to a non-Jew it isn't nolad, some say that it is muktzeh.<ref>Magen Avraham 308:15 is strict that if a non-Jew made a utensil on Shabbat that it is nolad and muktzeh even if it belongs to the non-Jew. Levush 505:1 is lenient. Nishmat Avraham second edition p. 576 quotes Rav Shlomo Zalman that a fax that came in on Shabbat is nolad on Shabbat but a newspaper made on Shabbat isn't nolad since there's no muktzeh on a non-Jew's property.</ref> | |||
# These rules of a non-Jew apply also to a non-religious Jew.<ref>Chatom Sofer Mamarim Chadashim Toldot p. 98</ref> | |||
==Sources== | ==Sources== | ||
