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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. However, if one picked it up in a forbidden way or one has a 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. However, if one picked it up in a forbidden way or one has a absolute [[Muktzeh]] item in one’s hand, then one should drop it. <ref>Mishna Brurah 308:13 </ref> | ||
==Unpleasant | ==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> | # 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>S”A 308:35 </ref> | # A disgusting item may not be returned to the house. <Ref>S”A 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>S”A 308:34 and 37, Mishna Brurah 308:131. </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>S”A 308:34 and 37, Mishna Brurah 308:131. </ref> | ||
# Something which is not so disgusting but unpleasant such as having a bad smell is not [[Muktzeh]]. <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> | ||
# 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> | # 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> | ||
==Mistaken Muktzeh== | |||
# If someone thought that something wasn’t edible before Shabbat and then on Shabbat he realized that he was incorrect and it was edible before Shabbat it isn’t muktzeh.<ref>Gemara Beitzah 26b establishes that if someone didn’t realize that something was edible and useable for Shabbat and thought it was muktzeh and in fact he was mistaken the halacha is that it isn’t muktzeh. Shulchan Aruch 310:4 codifies this as the halacha.</ref> Some permit this only when one anticipated the food to become edible at some point.<ref>Rashi Beitzah 26b s.v. muter, Mishna Brurah 310:17</ref> | |||
## For example, if someone thought that his animals were outside of the techum before Shabbat and in fact they were in the techum some hold that they are permitted<ref>Chazon Ish 49:13, Byitzchak Yikareh 310:17. There is a proof that this is permitted from the Ritva Shabbat 45a s.v. amar that if a person put seeds in the ground and assumed that they took root if in fact they didn’t they aren’t muktzeh.</ref>, while others hold that they are muktzeh.<ref>Biur Halacha 498:3 s.v. im cited by Dirshu 310:25</ref> | |||
# If someone thought that something was muktzeh because it was forbidden and it came out that it was in fact permitted some hold that it is muktzeh since he didn’t prepare it and intentionally thought it was forbidden.<ref>Pri Megadim E”A 498:9 writes that if you thought something was forbidden and it came out that it wasn’t then in fact it is muktzeh.</ref> Most other poskim hold that it is permitted.<ref> Chazon Ish OC 49:13 writes if you have intention that something should be muktzeh because it is forbidden when in fact it is permitted that it is indeed not muktzeh. His proof is Tosfot Sukkah 10b s.v. ad that all muktzeh because of the previous day when it is practically forbidden during ben hashemashot isn’t muktzeh. (Note that Mishna Brurah 310:17 is premised on Rashi Beitzah and Tosfot Sukkah is also in disagreement with Rashi.) Rav Shlomo Zalman Auerbach in Shemirat Shabbat Khilchata ch. 22 fnt. 32 and Rav Nevinsal in Byitzchak Yikareh 310:17 agree.</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> | |||
==Sources== | ==Sources== | ||
