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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== | ||
===Moving Muktzeh Indirectly=== | ===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. | # 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. | ||
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* 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> | ||
===Moving Muktzeh with Your Body=== | ===Moving Muktzeh with Your Body=== | ||
# It is permitted to move a [[Muktzeh]] item with one’s body | # 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. | ||
* 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> | * 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 if | # 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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# 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== | ||
