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General Laws of Muktzeh: Difference between revisions
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#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 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> 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> | *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. A Guide to Practical Halacha (Shabbat v. 3 p. 156 n. 61) quoting Rav Moshe Feinstein writes that one should be strict except in a case of a loss or there is an important need.</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> | #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> | ||
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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> | ||
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#A disgusting item may not be returned to the house.<ref>Shulchan Aruch O.C. 308:35 </ref> | #A disgusting item may not be returned to the house.<ref>Shulchan Aruch O.C. 308:35 </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> | #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> | ||
#It is permitted to remove something that will disgust people even from the street if it is a place where people walk.<ref>Mishna Brurah 308:131 and Shemirat Shabbat Kehilchata 22:46</ref> | |||
#Once a graf shel reey is in one's hand it is permitted to continue to hold it and dispose of it even if it isn't the closest place possible.<ref>Orchot Shabbat 19 fnt. 490. See also Mishna Brurah 308:137 and Chut Shani v. 3 p. 138.</ref> | |||
===Cases of Loss=== | ===Cases of Loss=== | ||
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#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> | ||
# It is prohibited to handle a disposable cup which was discarded into a public garbage can on shabbat but there is room for leniency when it was discarded in a private garbage. <ref> Hazon Ovadia, Page 129 </ref> | |||
===Avoiding Moving a Graf Shel Reey=== | ===Avoiding Moving a Graf Shel Reey=== | ||
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[[Category:Shabbat]] | [[Category:Shabbat]] | ||
[[Category:Muktzeh]] | [[Category:Muktzeh]] | ||
{{Shabbat Table}} | |||
