General Laws of Muktzeh: Difference between revisions
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#If one has picked up a [[Kli Sh’Melachto LeIssur]] in one’s hands in a permissible fashion then it’s permissible to place it anywhere one likes.<ref>Rashi Shabbat 43a s.v. btzarich, Tosfot Beitzah 3b s.v. aval, Mishna Brurah 308:13</ref> However, if one picked it up in a forbidden way or one has an absolute [[Muktzeh]] item in one’s hand, then one should drop it.<ref>Mishna Brurah 308:13 </ref> | #If one has picked up a [[Kli Sh’Melachto LeIssur]] in one’s hands in a permissible fashion then it’s permissible to place it anywhere one likes.<ref>Rashi Shabbat 43a s.v. btzarich, Tosfot Beitzah 3b s.v. aval, Mishna Brurah 308:13</ref> However, if one picked it up in a forbidden way or one has an absolute [[Muktzeh]] item in one’s hand, then one should drop it.<ref>Mishna Brurah 308:13 </ref> | ||
#After the mohel finished the milah and needs to put the milah knife down some poskim hold that he should drop it as soon as is possible that wouldn't be dangerous. Ashkenazim hold that he could move it as long as it is still in his hands since he was allowed to pick it up. Sephardim hold it is permitted to move.<ref>Bet Yosef 266:1 cites Rabbenu Yerucham who says that after the milah one could put it away. Darkei Moshe 266:1 quotes the Maharil that one needs to drop it immediately after the milah. Rama 266:2 and Shach (Nekudat Hakesef 266:1) hold like the Rabbenu Yerucham. However, Taz 266:1, Magen Avraham 331:5, and Gra YD 266:3 accept the Maharil. Magen Avraham is lenient while it is still in your hand, while the Gra disagrees with that leniency. Chazon Ovadia v. 3 p. 59 is lenient and writes that such is the minhag even if one put it down. Mishna Brurah 310:15 is strict once you put it down unless one left it in a place that one is afraid that it will be stolen. (Everyone accepts that the milah knife is muktzeh. Pri Megadim M"Z 308:2 writes that a milah knife is a kli shemelachto lisur but if muktzeh mahcmat chisaron kis because you don't want it to get ruined, while the Shach (Nekudat Hakesef 266:1) seems to hold it is fundamentally a kli shemelachto lheter.) </ref> | #After the mohel finished the milah and needs to put the milah knife down some poskim hold that he should drop it as soon as is possible that wouldn't be dangerous. Ashkenazim hold that he could move it as long as it is still in his hands since he was allowed to pick it up. Sephardim hold it is permitted to move.<ref>Bet Yosef 266:1 cites Rabbenu Yerucham who says that after the milah one could put it away. Darkei Moshe 266:1 quotes the Maharil that one needs to drop it immediately after the milah. Rama 266:2 and Shach (Nekudat Hakesef 266:1) hold like the Rabbenu Yerucham. However, Taz 266:1, Magen Avraham 331:5, and Gra YD 266:3 accept the Maharil. Magen Avraham is lenient while it is still in your hand, while the Gra disagrees with that leniency. Chazon Ovadia v. 3 p. 59 is lenient and writes that such is the minhag even if one put it down. Mishna Brurah 310:15 is strict once you put it down unless one left it in a place that one is afraid that it will be stolen. (Everyone accepts that the milah knife is muktzeh. Pri Megadim M"Z 308:2 writes that a milah knife is a kli shemelachto lisur but if muktzeh mahcmat chisaron kis because you don't want it to get ruined, while the Shach (Nekudat Hakesef 266:1) seems to hold it is fundamentally a kli shemelachto lheter.) | ||
* Gra YD 266:3 suggests that a milah knife is muktzeh since its only designation is for a mitzvah and that doesn't give it a status of a non-muktzeh utensil. Evidence of this approach can be found in Tosfot Sukkah 42b regarding lulav, Rabbi Akiva Eiger Shabbat 123b regarding the reeds on the Shulchan, and Meromei Sadeh Pesachim 65b regarding the blood of a korban. Chazon Ish OC 49:9 doesn’t like this approach and Aruch Lener Sukkah 42b reads Tosfot differently than Rabbi Akiva Eiger.</ref> | |||
#If someone has muktzeh in his hands from before Shabbat he should drop it once Shabbat starts.<ref>Mishna Brurah 266:35 writes that the Gra is strict that once Shabbat starts one has to drop the muktzeh unlike the Rama. Biur Halacha 266:12 s.v. yachol cites the Derech Hachaim who allows it for a kli shemelachto lisur and not for real muktzeh.</ref> | #If someone has muktzeh in his hands from before Shabbat he should drop it once Shabbat starts.<ref>Mishna Brurah 266:35 writes that the Gra is strict that once Shabbat starts one has to drop the muktzeh unlike the Rama. Biur Halacha 266:12 s.v. yachol cites the Derech Hachaim who allows it for a kli shemelachto lisur and not for real muktzeh.</ref> | ||
#A rabbi should see shaylot of whether something is kosher in a place where he could drop if it he needs to rule that it is forbidden.<ref>Orchot shabbat v. 3 p. 330 discusses this at length. He cites the Chok Yakov who says that for chametz shaylot you should take it to a specific room that you could drop it if you ruled it was chametz. His proof is from the Rashba who says that for terefot shaylot you should do it near the garbage. This is relevant to the topic of moving muktzeh that is already in your hands.</ref> | #A rabbi should see shaylot of whether something is kosher in a place where he could drop if it he needs to rule that it is forbidden.<ref>Orchot shabbat v. 3 p. 330 discusses this at length. He cites the Chok Yakov who says that for chametz shaylot you should take it to a specific room that you could drop it if you ruled it was chametz. His proof is from the Rashba who says that for terefot shaylot you should do it near the garbage. This is relevant to the topic of moving muktzeh that is already in your hands.</ref> | ||
#If you picked up a kli shemelachto lisur or muktzeh by accident you shouldn’t continue to carry it.<ref>Magen Avraham 308:7 permits moving a kli shemelachto lisur if you picked it up in a forbidden way by accident. His proof is | #If you picked up a kli shemelachto lisur or muktzeh by accident you shouldn’t continue to carry it.<ref>Magen Avraham 308:7 permits moving a kli shemelachto lisur if you picked it up in a forbidden way by accident. His proof is Shulchan Aruch O.C. 308:3 and Rama 266:12. However, the Gra 266:12 disagrees. He only allows continuing to carry muktzeh if you picked it up in a permitted way. Mishna Brurah 308:13 disagrees with the Magen Avraham even regarding a kli shemelachto lisur based on the Gra. Chazon Ish 49:8 disagrees with the Mishna Brurah’s application of the Gra.</ref> | ||
#If you have muktzeh in your hand from before Shabbat some say that you can continue to carry it on Shabbat, while many disagree.<ref>Agudah Beitzah 1:5 writes that if a person forgot and was holding a wallet when Shabbat started he can continue to carry it on Shabbat since he started on Shabbat. Rama 266:12 codifies this. However, Gra 266:12 disagrees. Mishna Brurah 266:35 is strict.</ref> | #If you have muktzeh in your hand from before Shabbat some say that you can continue to carry it on Shabbat, while many disagree.<ref>Agudah Beitzah 1:5 writes that if a person forgot and was holding a wallet when Shabbat started he can continue to carry it on Shabbat since he started on Shabbat. Rama 266:12 codifies this. However, Gra 266:12 disagrees. Mishna Brurah 266:35 is strict.</ref> | ||
#If you have a muktzeh pit in your hands when you were eating the fruit and you finished eating many say that you need to drop it right away.<ref>Even Haozer 266</ref> | #If you have a muktzeh pit in your hands when you were eating the fruit and you finished eating many say that you need to drop it right away.<ref>Even Haozer 266</ref> | ||
