Kli SheMelachto LeIsser: Difference between revisions
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==Kli Sh’Melachto LeIssur== | ==Kli Sh’Melachto LeIssur== | ||
===Definition=== | ===Definition=== | ||
#Items that are primarily used for prohibited activities on [[Shabbat]] is considered [[Kli Sh’Melachto LeIssur]]. <ref>Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a [[Kli Sh’Melachto LeIssur]]. On the other hand, some opinions (Gedulat Elisha 308:19, see ‘empty [[cooking]] pots’) hold that even if only a minority of the uses of the kli are permitted, the kli is considered Kli Sh’Melachto LeHeter. | #Items that are primarily used for prohibited activities on [[Shabbat]] is considered [[Kli Sh’Melachto LeIssur]].<ref>Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a [[Kli Sh’Melachto LeIssur]]. On the other hand, some opinions (Gedulat Elisha 308:19, see ‘empty [[cooking]] pots’) hold that even if only a minority of the uses of the kli are permitted, the kli is considered Kli Sh’Melachto LeHeter. | ||
* Rashi might hold that anything that is used for something permitted and something forbidden is considered a kli shemelachto lheter. This can be supported by Rashi 35b s.v. chatzotzrot as understood like Tosfot, 113a s.v. muter ltaltelan, Beitzah 34a s.v. kol hakelim. See Mishnat Hashabbat p. 284 who describes this approach in Rashi and Pri Megadim M”Z 308:14 who is bothered by Rashi’s approach. | * Rashi might hold that anything that is used for something permitted and something forbidden is considered a kli shemelachto lheter. This can be supported by Rashi 35b s.v. chatzotzrot as understood like Tosfot, 113a s.v. muter ltaltelan, Beitzah 34a s.v. kol hakelim. See Mishnat Hashabbat p. 284 who describes this approach in Rashi and Pri Megadim M”Z 308:14 who is bothered by Rashi’s approach. | ||
* Knesset Hagedola (Hagahot Hatur 308:2) quotes the Shiltei Giborim 48a who says that a kli shemelachto for isur and heter is like a kli shemelachto lheter. Mishna Brurah 308:20 agrees. | * Knesset Hagedola (Hagahot Hatur 308:2) quotes the Shiltei Giborim 48a who says that a kli shemelachto for isur and heter is like a kli shemelachto lheter. Mishna Brurah 308:20 agrees. | ||
* Pri Megadim M"Z 308 intro learns from the Rashba 123a s.v. ha that a cooking pot is kli shemelachto lisur even though it is sometimes used to store food because it is generally used to cook. Mishna Brurah 308:20 agrees.</ref> | * Pri Megadim M"Z 308 intro learns from the Rashba 123a s.v. ha that a cooking pot is kli shemelachto lisur even though it is sometimes used to store food because it is generally used to cook. Mishna Brurah 308:20 agrees.</ref> | ||
# An item that is primarily used for prohibited activities on Shabbat and is also | # An item that is primarily used for prohibited activities on Shabbat and is also consistently used for permitted activities some poskim hold that it is considered a Kli Shemelachto Lheter.<ref>Biur Halacha 308:3, Gedulat Elisha 308:19. Chazon Ovadia v. 3 p. 51 writes that one who is lenient has what to rely on.</ref> | ||
# Even if the [[Kli Sh’Melachto LeIssur]] was used for forbidden Melacha during Ben Hashemashot it’s still considered [[Kli Sh’Melachto LeIssur]] and not total [[Muktzeh]]. <Ref>Mishna Brurah 308:11 </ref> | # Even if the [[Kli Sh’Melachto LeIssur]] was used for forbidden Melacha during Ben Hashemashot it’s still considered [[Kli Sh’Melachto LeIssur]] and not total [[Muktzeh]].<Ref>Mishna Brurah 308:11 </ref> | ||
#Some achronim say that a kli shemelachto lisur which was designated to be used for something forbidden on Shabbat and was never used yet is considered a kli shemelachto lheter until it is used once. However, others disagree and consider it a kli shemelachto lisur since it is meant to be used for isur.<ref>Eliya Rabba 279:13 says that designation of a kli shemelachto lisur is meaningless until it was once used and therefore it would be a kli shemelachto lheter. Therefore, he says an unused candle is a kli shemelachto lheter. Pri Megadim E"A 279:14 suggests otherwise since an unused wax candle is designated and certainly going to be used for isur it is currently already a kli shemelachto lisur. Biur Halacha 279 s.v. ner cites this Eliya Rabba. Shevet Halevi 1:56 also follows the Eliya Rabba. Chazon Ovadia (Shabbat v. 3 p. 90) cites the Eliya Rabba in support of his point.</ref> | |||
===Rules=== | ===Rules=== | ||
# An item of [[Kli Sh’Melachto LeIssur]] status may be moved either | # An item of [[Kli Sh’Melachto LeIssur]] status may be moved either | ||
## to be used for its permitted use or | ## to be used for its permitted use or | ||
## because its space is needed. <ref> Shulchan Aruch O.C. 308:3 </ref> | ## because its space is needed.<ref> Shulchan Aruch O.C. 308:3 </ref> | ||
# It’s forbidden to move a [[Kli Sh’Melachto LeIssur]] for the purposes of the object itself such as to prevent it from getting broken or being stolen. <Ref> Shulchan Aruch O.C. 308:3 </ref> | # It’s forbidden to move a [[Kli Sh’Melachto LeIssur]] for the purposes of the object itself such as to prevent it from getting broken or being stolen. <Ref> Shulchan Aruch O.C. 308:3 </ref> | ||
# Once the [[Kli Sh’Melachto LeIssur]] is in one’s hand, one may place it wherever he chooses.<Ref> Mishna Brurah 308:13, Tiltulei [[Shabbat]] (pg 234), Yalkut Yosef (Kitzur Shulchan Aruch 308:109). Rashba 124a s.v. mdakshu clarifies that this is even true when it was picked up for its place. </ref> | # Once the [[Kli Sh’Melachto LeIssur]] is in one’s hand, one may place it wherever he chooses.<Ref> Mishna Brurah 308:13, Tiltulei [[Shabbat]] (pg 234), Yalkut Yosef (Kitzur Shulchan Aruch 308:109). Rashba 124a s.v. mdakshu clarifies that this is even true when it was picked up for its place. </ref> | ||
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===Disputed Examples=== | ===Disputed Examples=== | ||
# empty | # There is a dispute if an empty cooking pot that are sometimes used for serving food is a kli shemelachto lisur or kli shemelachto lheter on Shabbat.<ref> The Rosh (in his teshuvot#22, quoted by Bet Yosef 308:4) writes that a grinder may be moved if you place any permissible item (like bread) on the grinder and the same is true of a pot. However, the Rashba ([[Shabbat]] 123a) argues that the grinder may only be moved if there’s some of the food that’s normally put in the grinder such as garlic and so too cooked food in a pot. Shulchan Aruch O.C. 308:4 seems to rule like the Rosh, however, many achronim (Mishna Brurah 308:26) argue that one should be strict like the Rashba. From both of the above opinions, many achronim argue that an empty pot is [[Kli Sh’Melachto LeIssur]] even if the pot is sometimes used to serve the food but primarily is used to cook. [The Gedolot Elisha (308:19) rejects this proof by explaining that really the grinder is [[Muktzeh]] as it’s only purpose is a prohibited activity and so it’s only permitted if it has a piece of the food that’s normally in it such as garlic. However, a pot has both a prohibited ([[cooking]]) and permitted (serving) purpose. The comparison of the above Rishonim from the grinder to the pot was only to explain what’s normally associated with each vessel.] These achronim (who are strict regarding an empty pot) include: Pri Megadim (M”Z beginning of 308), Ashel Avraham 308:9, 279:2, Mishna Brurah 308:20, 26, Chazon Ish 47:11, Derech HaChaim ([[Muktzeh]]#13; Rabbi Yacov MeLisa, author of the Netivot), Sefer Tiltulei [[Shabbat]] (pg 46), Shemirat Shabbat KeHilchata 20:15, Rabbi Binyamin Zilber (Sh”t Az Nidabru 9:20, pg 58), Rav Wosner in Sh”t Shevet HaLevi 1:127(3) and Shalmei Yehuda (pg 98). <br></br> On the other hand, some authorities are lenient including the Chaye Adam 66:3 and Kitzur S”A 88:8. Gedolot Elisha (308:19) agrees that many are strict in this regard and consider it a [[Kli Sh’Melachto LeIssur]] but concludes that the minhag of Baghdad is to be lenient to treat a empty pot as a Kli Sh’Melachto LeHeter and there is what to rely on. So writes Yalkut Yosef (Kitzur S”A 308:105). </ref> | ||
#There is a dispute if a can-opener is a kli shemelachto lisur or kli shemelachto lheter on Shabbat.<ref>Orchot Shabbat 2:19:74 p. 36 writes that a can opener is a kli shemelachto lisur according to those who hold it is asur to use on Shabbat, while it is a kli shemelachto lheter according to those who hold it is muter to use on Shabbat.</ref> | |||
==Sources== | ==Sources== | ||
