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General Laws of Muktzeh: Difference between revisions

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# The Rabbis forbad moving certain items on Shabbat in order that one’s actions on Shabbat will be distinguished from the rest of the week. <Ref>Mishna Brurah (Intro to Siman 308) quoting the Rambam (Shabbat 24:12)</ref>
# The Rabbis forbad moving certain items on [[Shabbat]] in order that one’s actions on [[Shabbat]] will be distinguished from the rest of the week. <Ref>Mishna Brurah (Intro to Siman 308) quoting the Rambam ([[Shabbat]] 24:12)</ref>
==Categories of Muktzeh==
==Categories of Muktzeh==
# There’s two general categories of Muktzeh 1)severe Muktzeh and 2)light Muktzeh. In general, items that never used on Shabbat are considered severe Muktzeh, while items that are sometimes used as considered light Muktzeh (see further). <Ref> The Weekly Halacha Discussion (vol 2 pg 335) breaks up Muktzeh into these two general categories. </ref>
# There’s two general categories of Muktzeh 1)severe Muktzeh and 2)light Muktzeh. In general, items that never used on [[Shabbat]] are considered severe Muktzeh, while items that are sometimes used as considered light Muktzeh (see further). <Ref> The Weekly Halacha Discussion (vol 2 pg 335) breaks up Muktzeh into these two general categories. </ref>


==Items that are excluded from Muktzeh==
==Items that are excluded from Muktzeh==
===Definition===
===Definition===
# Certain items that Chazal excluded from the laws of Muktzeh altogether are non-Muktzeh. <Ref> see further; Tiltulei Shabbat (pg 19) </ref>
# Certain items that Chazal excluded from the laws of Muktzeh altogether are non-Muktzeh. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
===Rules===
# It’s permissible to move or touch a non-Muktzeh item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of Muktzeh at all. Tiltulei Shabbat (pg 18) </ref>
# It’s permissible to move or touch a non-Muktzeh item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of Muktzeh at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
===Examples===
* Food and drinks <ref> S”A 308:4 </ref>
* Food and drinks <ref> S”A 308:4 </ref>
* Food Utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-Muktzeh. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t Muktzeh seemingly including serving utensils.] So rules Tiltulei Shabbat (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Food Utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-Muktzeh. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t Muktzeh seemingly including serving utensils.] So rules Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-Muktzeh. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a megillah in this category even though the Pri Chadash 688:6 considers it Muktzeh (See Sharei Teshuva 308:2). The Tiltulei Shabbat (pg 32) also rules leniently. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-Muktzeh. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a megillah in this category even though the Pri Chadash 688:6 considers it Muktzeh (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
===Further examples===
===Further examples===
# Some consider the following to be exceptions to muktzeh just like the above examples.  
# Some consider the following to be exceptions to muktzeh just like the above examples.  
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on Shabbat <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on Shabbat is considered non-Muktzeh according to all, while clothing that won’t be used on Shabbat, some consider it non-Muktzeh while others consider it Kli Sh’Melachto LeHeter. Shemirat Shabbat KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-muktzah like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak (Muktzah pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b D"H Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-Muktzeh according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-Muktzeh while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-muktzah like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak (Muktzah pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b D"H Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of Muktzeh includes anything that’s always used on Shabbat such as a chair, a house key, tablecloth, empty bottle, talit bag. If so, certainly serving utensils are also included. </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of Muktzeh includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, talit bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* talit bag <ref> Shalmei Yehuda 6:1 </ref>
* talit bag <ref> Shalmei Yehuda 6:1 </ref>
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==Permissible objects on Muktzeh==
==Permissible objects on Muktzeh==
# It’s permissible to remove a permissible item that’s sitting on top of a Muktzeh item. <Ref>Rama 308:3 </ref>
# It’s permissible to remove a permissible item that’s sitting on top of a Muktzeh item. <Ref>Rama 308:3 </ref>
# Some say it’s permissible to move a Muktzeh item which has a permissible item on top of it from Ben HaShemashot, while others hold that one may only move a Muktzeh item if there’s the specifically designated item on or in that Muktzeh item, for example, one may move a cooking pot if there was food in it from before Shabbat. <Ref>S”A 308:5 writes that it’s permissible if there’s some permissible item on the Muktzeh from Ben HaShemashot. However, Mishna Brurah 308:26 writes that this is a dispute in the Rishonim and many achronim hold that the above leniency only applies to moving a corpse, yet all agree that one may only move Muktzeh if there was the designated permissible item on it from Ben HaShemashot such as food in a cooking pot. </ref>
# Some say it’s permissible to move a Muktzeh item which has a permissible item on top of it from Ben HaShemashot, while others hold that one may only move a Muktzeh item if there’s the specifically designated item on or in that Muktzeh item, for example, one may move a cooking pot if there was food in it from before [[Shabbat]]. <Ref>S”A 308:5 writes that it’s permissible if there’s some permissible item on the Muktzeh from Ben HaShemashot. However, Mishna Brurah 308:26 writes that this is a dispute in the Rishonim and many achronim hold that the above leniency only applies to moving a corpse, yet all agree that one may only move Muktzeh if there was the designated permissible item on it from Ben HaShemashot such as food in a cooking pot. </ref>


==Indirect moving==
==Indirect moving==
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==Bosis==
==Bosis==
# A basket of fruit with a rock in it shouldn’t be moved without shaking out the rock or at least spilling out everything and returning the fruit without the rock. However, if spilling/shaking out the basket will ruin the fruit one may move the basket as a whole. <Ref>S”A 309:3, Mishna Brurah 309:10 </ref>
# A basket of fruit with a rock in it shouldn’t be moved without shaking out the rock or at least spilling out everything and returning the fruit without the rock. However, if spilling/shaking out the basket will ruin the fruit one may move the basket as a whole. <Ref>S”A 309:3, Mishna Brurah 309:10 </ref>
# A purse which is made to hold money if there’s no money inside is considered a Kli Sh’Melachto LeIssur and so if there’s a key inside one may open it to take out the key. <Ref>Shemirat Shabbat KeHilchata 20:16 </ref>
# A purse which is made to hold money if there’s no money inside is considered a Kli Sh’Melachto LeIssur and so if there’s a key inside one may open it to take out the key. <Ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
==A bosis with both Muktzeh and non-Muktzeh==
==A bosis with both Muktzeh and non-Muktzeh==


# A vessel which has on it both a muktzeh item and a non-muktzeh item is non-muktzeh if the the non-muktzeh item is more impotant than the muktzeh item, however, if the muktzeh item is more important, then the vessel is muktzeh. <ref> The Shulchan Aruch 310:8 writes that an object which has on it both a mutkzah item and a non-Muktzeh item is permissible to move if the non-Muktzeh item is more important (חשוב). </ref>
# A vessel which has on it both a muktzeh item and a non-muktzeh item is non-muktzeh if the the non-muktzeh item is more impotant than the muktzeh item, however, if the muktzeh item is more important, then the vessel is muktzeh. <ref> The Shulchan Aruch 310:8 writes that an object which has on it both a mutkzah item and a non-Muktzeh item is permissible to move if the non-Muktzeh item is more important (חשוב). </ref>
# What is considered more important depends on the owner. <ref> Mishna Brurah 310:33 writes that it only depends on the intent of the owner and not the general convention of most people. </ref>
# What is considered more important depends on the owner. <ref> Mishna Brurah 310:33 writes that it only depends on the intent of the owner and not the general convention of most people. </ref>
# Generally the more valuable item is the one which is considered more important. However, many opinions hold that if an non-muktzah object is needed for that Shabbat it is considered more important. <ref>
# Generally the more valuable item is the one which is considered more important. However, many opinions hold that if an non-muktzah object is needed for that [[Shabbat]] it is considered more important. <ref>
Halachos of Muktzah (by Rabbi Bodner, pg 309, answers of Rav Moshe Feinstein #31, to see it inside [http://books.google.com/books?id=bAevcHQwPbsC&printsec=frontcover&dq=laws+of+muktzah&hl=en&ei=XMMATvnWDauu0AHRjonMDg&sa=X&oi=book_result&ct=result&resnum=2&ved=0CC4Q6AEwAQ#v=onepage&q&f=false click here]) writes that if a siddur and money are on a vessel the siddur is considered more important, and so too if one has glasses which one needs immediately and a lot of money, the glasses are more important unless one has other glasses in which case the money is more important. Lastly if a loaf of challah and money are on a vessel the challah is more important since you’re going to need it on Shabbat. So rules the Shemirat Shabbat KeHilchata 20:61 in name of Rav Shlomo Zalman that anything which is needed for that Shabbat such as challah or something else of value. [See also Chaye Adam (Shabbat 66:4) and Magan Avraham 279:5 who seem to hold of this.] </ref>
Halachos of Muktzah (by Rabbi Bodner, pg 309, answers of Rav Moshe Feinstein #31, to see it inside [http://books.google.com/books?id=bAevcHQwPbsC&printsec=frontcover&dq=laws+of+muktzah&hl=en&ei=XMMATvnWDauu0AHRjonMDg&sa=X&oi=book_result&ct=result&resnum=2&ved=0CC4Q6AEwAQ#v=onepage&q&f=false click here]) writes that if a siddur and money are on a vessel the siddur is considered more important, and so too if one has glasses which one needs immediately and a lot of money, the glasses are more important unless one has other glasses in which case the money is more important. Lastly if a loaf of challah and money are on a vessel the challah is more important since you’re going to need it on [[Shabbat]]. So rules the Shemirat [[Shabbat]] KeHilchata 20:61 in name of Rav Shlomo Zalman that anything which is needed for that [[Shabbat]] such as challah or something else of value. [See also Chaye Adam ([[Shabbat]] 66:4) and Magan Avraham 279:5 who seem to hold of this.] </ref>


==References==
==References==
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