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Muktzeh Machmat Chisaron Kis: Difference between revisions
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==Muktzeh Machmat Chisaron Kis== | ==Muktzeh Machmat Chisaron Kis== | ||
===Definition=== | ===Definition=== | ||
# Regarding merchandise that can be sold, if the owner is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not [[Muktzeh]]. <Ref>The Bet Yosef 308:1 asks how the Rambam could write that merchandise is Muktzeh Machmat Chisaron Kis if the Gemara [[Shabbat]] 19b implies that it isn't [[Muktzeh]] according to Rabbi Shimon and he concludes that if the owner is concerned about using it then it is Muktzeh Machmat Chisaron Kis, but if he isn't concerned it isn't [[Muktzeh]]. Rama 308:1 and Mishna Brurah 308:7 codify this as halacha. Chazon Ish 42:16 clarifies that merchandise can be Muktzeh Machmat Chisaron Kis even if the item is otherwise a [[Kli SheMelachto LeHeter]]. Shulchan Aruch HaRav 308:4 and Shemirat [[Shabbat]] KeHilchata 20:21 agree.</ref> | # Regarding merchandise that can be sold, if the owner<ref>Machasit Hashekel 308:2, Pri Megdim E”A 308:2, Levushei Sarad 308:2 all understand that it depends on the individual and not the place. Mishna Brurah 308:6 codifies these opinions that it depends on the owner exclusively. However, Shulchan Aruch Harav 308:6 implies that it depends on the place and if in that place they are makpid it is mutzeh machmat chisaron kis and if not not. It depends on the place. Harchev Daat Muktzeh 1 p. 401 points out this dispute.</ref> is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not [[Muktzeh]]. <Ref>The Bet Yosef 308:1 asks how the Rambam could write that merchandise is Muktzeh Machmat Chisaron Kis if the Gemara [[Shabbat]] 19b implies that it isn't [[Muktzeh]] according to Rabbi Shimon and he concludes that if the owner is concerned about using it then it is Muktzeh Machmat Chisaron Kis, but if he isn't concerned it isn't [[Muktzeh]]. Rama 308:1 and Mishna Brurah 308:7 codify this as halacha. Chazon Ish 42:16 clarifies that merchandise can be Muktzeh Machmat Chisaron Kis even if the item is otherwise a [[Kli SheMelachto LeHeter]]. Shulchan Aruch HaRav 308:4 and Shemirat [[Shabbat]] KeHilchata 20:21 agree.</ref> | ||
# Food merchandise according to some poskim isn't considered muktzeh machmat chisaron kis.<ref>Rav Nevinsal in Byitzchak Yikreh 308:1</ref> | # Food merchandise according to some poskim isn't considered muktzeh machmat chisaron kis.<ref>Rav Nevinsal in Byitzchak Yikreh 308:1</ref> | ||
# Some say that Muktza Machmat Chisaron Kis only applies to vessels that are already Kli SheMelachto LeIssur but not to vessels that are [[Kli SheMelachto LeHeter]].<reF>Shulchan Aruch HaRav 308:4, Yalkut Yosef (vol 2, pp. 328-332) | # Some say that Muktza Machmat Chisaron Kis only applies to vessels that are already Kli SheMelachto LeIssur but not to vessels that are [[Kli SheMelachto LeHeter]].<reF>Shulchan Aruch HaRav 308:4, Yalkut Yosef (vol 2, pp. 328-332) | ||
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===Rules=== | ===Rules=== | ||
# A item that’s Muktzeh Machmat Chisaron Kis can not be moved for any need, for the need of its place or for the need of the object itself. <Ref> | # A item that’s Muktzeh Machmat Chisaron Kis can not be moved for any need, for the need of its place or for the need of the object itself. <Ref>Tosfot 123b s.v. vsakina and Rosh responsa 22:8 clarify that it is forbidden to move something that is muktzeh machmat chisaron kis at all even if you need it itself. Bet Yosef 308:1 explains that the Rambam 25:9 agrees. Darkei Moshe 308:1 cites Rabbenu Yerucham 12:13 as agreeing. However, the Mordechai Shabbat 3:315 argues that really muktzeh machmat chisaron kis is permitted to move for the need of the item or its place. Shulchan Aruch O.C. 308:1 rules like the majority of rishonim that a muktzeh machmat chisaron kis is completely forbidden. Maamer Mordechai 308:1 agrees.</ref> | ||
# | # If something that was muktzeh machmat chisaron kis during [[Bein HaShemashot]] and broke on Shabbat and no longer is muktzeh machmat chisaron kis it is still muktzeh.<ref>Magen Avraham 308:19, Mishna Brurah 308:35, Shulchan Aruch Harav 308:4, Chazon Ish 43:21. Rabbi Akiva Eiger Beitzah 2b s.v. btosfot argues that perhaps it isn’t muktzeh since once a person decides to use it for something else it isn’t muktzeh machmat chisaron kis. He echoes this position in Hagahot Rabbi Akiva Eiger on Magen Avraham 308:19.</ref> | ||
# Merchandise which is meant to be sold, if the owner is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not [[Muktzeh]]. <Ref>Rama 308:1, Mishna Brurah 308:7 </ref> | # Merchandise which is meant to be sold, if the owner is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not [[Muktzeh]]. <Ref>Rama 308:1, Mishna Brurah 308:7 </ref> | ||
# A board of wood which is owned by a carpenter or a store owner who plans on selling is Muktzeh Machmat Chisaron Kis if it’s the usual case where the owner is concerned about using it for other purposes (sitting on it) so that it doesn’t break. <Ref> | # A board of wood which is owned by a carpenter or a store owner who plans on selling is Muktzeh Machmat Chisaron Kis if it’s the usual case where the owner is concerned about using it for other purposes (sitting on it) so that it doesn’t break. <Ref>Shulchan Aruch O.C. 308:26 </ref> | ||
# Some say that it is permitted to move muktzeh machmat chisaron kis by placing something permitted on top of it, however, most hold that this is forbidden.<ref>Rosh 22:8:4 writes that it is permitted to move any kli shemelachto lisur if you place upon it something permitted such as a piece of bread. That solution doesn’t work for real muktzeh but does work for any kli. Rabbi Akiva Eiger 305:7 suggests that the same should apply to muktzeh machmat chisaron kis. Chazon Ovadia v. 3 p. 57 cites the Chazon Ish 47:11, Or Letzion 2:26:4 who same at the same should apply. However, the Taz 311:5 and Tosefet Shabbat 308:23 imply otherwise. Pri Megadim M”Z 4 has a doubt about this. Chazon Ovadia concludes that one should be strict.</ref> | |||
# It is permitted to move muktzeh machmat chisaron kis with one's body like all muktzeh.<ref>Pri Megadim M"Z 308 introduction points out that the Bet Yosef in his introduction to 308 implies that the leniencies of all of muktzeh such as moving it with one's body or tiltul min hasad don't apply to muktzeh machmat chisaron kis. [http://www.hebrewbooks.org/pdfpager.aspx?req=41315&st=&pgnum=119 Tehilah LDovid 308:2] disagrees with this understanding of the Bet Yosef and is lenient. Imrei Shem pp. 111-122 (R' Refaeli Mordechai Eliyahu) defends the Pri Megadim. Yalkut Yosef Shabbat v. 2 p. 317 fnt. 4 quotes Rav Ovadia as holding like the Tehillah Ldovid.</ref> | |||
# Tiltul min hasad is permitted for muktzeh machmat chisaron kis like all other muktzeh.<ref> Pri Megadim M"Z 309:2 writes that according to the Bet Yosef there is no leniency of tiltul min hasad for muktzeh machmat chisaron kis. [http://www.hebrewbooks.org/pdfpager.aspx?req=41315&st=&pgnum=119 Tehillah LDovid 308:2] and Tosefet Shabbat 308:3 disagree. Kaf Hachaim 308:10 is lenient. Imrei Shem pp. 111-122 (R' Refaeli Mordechai Eliyahu) defends the Pri Megadim. Yalkut Yosef Shabbat v. 2 p. 317 fnt. 4 quotes Rav Ovadia as holding like the Tehillah Ldovid.</ref> | |||
===Examples=== | ===Examples=== | ||
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# Some poskim consider [[Pesach]] dishes that one wouldn’t use during the year as Muktzeh Machmat Chisaron Kis, while others hold that they are not [[Muktzeh]]. <ref>Shemirat [[Shabbat]] Kehilchata 20:22 writes that [[Pesach]] dishes that a person is careful not to use during the year even if a need came up are considered Muktzeh Machmat Chisaron Kis. Rav Hershel Schachter (“Hilchos Muktze,” min 27-30) argues that they aren’t [[Muktzeh]] since they are perfectly useable utensils, whose primary purpose is permitted. He reasoned that even though the owner didn’t plan on using them on [[Shabbat]], according to Rabbi Shimon, they aren’t [[Muktzeh]]. Chut Shani (vol 3, p. 88) agrees. </ref> | # Some poskim consider [[Pesach]] dishes that one wouldn’t use during the year as Muktzeh Machmat Chisaron Kis, while others hold that they are not [[Muktzeh]]. <ref>Shemirat [[Shabbat]] Kehilchata 20:22 writes that [[Pesach]] dishes that a person is careful not to use during the year even if a need came up are considered Muktzeh Machmat Chisaron Kis. Rav Hershel Schachter (“Hilchos Muktze,” min 27-30) argues that they aren’t [[Muktzeh]] since they are perfectly useable utensils, whose primary purpose is permitted. He reasoned that even though the owner didn’t plan on using them on [[Shabbat]], according to Rabbi Shimon, they aren’t [[Muktzeh]]. Chut Shani (vol 3, p. 88) agrees. </ref> | ||
# A credit card<ref>Shemirat Shabbat Khilchata 20:20 writes that credit cards are muktzeh machmat chisaron kis. Orchot Shabbat 19:95 and [https://ph.yhb.org.il/en/01-23-04/ Peninei Halacha Shabbat 23:4 (v. 2 p. 158)] agree. [https://torah.org/torah-portion/weekly-halacha-5771-behar/ Rabbi Neustadt] wrote that it is completely muktzeh machmat gufo like money since it has no use.[https://ohr.edu/ask_db/ask_main.php/190/Q6/ A rabbi from Ohr Same'ach] agreed.</ref>, business documents, checks, securities, tax exempt documents, bills of money, bus or subway cards are all Muktzeh Machmat Chison Kis.<ref>Shemirat Shabbat Kehilchata 20:20. Chut Shani v. 3 p. 111 writes that bus cards are completely muktzeh. He isn't sure whether a magnetic identity card used in a hospital or the like is considered a kli shemelachto lisur or muktzeh machmat gufo. He discusses whether it is a kli since it has a use albeit forbidden or perhaps since it isn't used in it of itself it is like money which is muktzeh machmat gufo. He concludes that we should be strict.</ref> | # A credit card<ref>Shemirat Shabbat Khilchata 20:20 writes that credit cards are muktzeh machmat chisaron kis. Orchot Shabbat 19:95 and [https://ph.yhb.org.il/en/01-23-04/ Peninei Halacha Shabbat 23:4 (v. 2 p. 158)] agree. [https://torah.org/torah-portion/weekly-halacha-5771-behar/ Rabbi Neustadt] wrote that it is completely muktzeh machmat gufo like money since it has no use.[https://ohr.edu/ask_db/ask_main.php/190/Q6/ A rabbi from Ohr Same'ach] agreed.</ref>, business documents, checks, securities, tax exempt documents, bills of money, bus or subway cards are all Muktzeh Machmat Chison Kis.<ref>Shemirat Shabbat Kehilchata 20:20. Chut Shani v. 3 p. 111 writes that bus cards are completely muktzeh. He isn't sure whether a magnetic identity card used in a hospital or the like is considered a kli shemelachto lisur or muktzeh machmat gufo. He discusses whether it is a kli since it has a use albeit forbidden or perhaps since it isn't used in it of itself it is like money which is muktzeh machmat gufo. He concludes that we should be strict.</ref> | ||
# Matzah Mitzvah on Erev Pesach when Pesach falls out on Shabbat is muktzeh machmat chisaron kis.<ref>Pri Megadim E"A 308:10, 444:1, Shemirat Shabbat Kehilchata 20:23. [https://www.yutorah.org/lectures/lecture.cfm/867644/rabbi-hershel-schachter/kollel-chaburah-on-beitzah-muktzeh-machmat-chisaron-kis-(11a)/ Rav Schachter (towards the end)] questioned this for the night of Shabbat since some permit eating it then.</ref> | # Matzah Mitzvah on Erev Pesach when Pesach falls out on Shabbat is muktzeh machmat chisaron kis.<ref>Pri Megadim E"A 308:10, 444:1, Shemirat Shabbat Kehilchata 20:23, Yalkut Yosef (Erev Pesach Shechal Bshabbat n. 13). [https://www.yutorah.org/lectures/lecture.cfm/867644/rabbi-hershel-schachter/kollel-chaburah-on-beitzah-muktzeh-machmat-chisaron-kis-(11a)/ Rav Schachter (towards the end)] questioned this for the night of Shabbat since some permit eating it then.</ref> | ||
# A shechita knife is muktzeh machmat chisaron kis.<ref>Gemara 123b establishes that a sakina deshkavta is muktzeh machmat chisaron kis. Tosfot, Rabbenu Chananel, Rashba, and Shulchan Aruch 308:1 understand it to be a shechita knife. | |||
#Rashi 123b translates sakina deshkavta as a butcher’s knife to cut knife. Why is the sakina deshkavta considered a kli shemelachto lisur (if that is necessary for muktzeh machmat chisaron kis)? | |||
##According to Tosfot Shabbat 123b s.v. vsakina and Rabbenu Chananel it isn’t a question since they translate it as a shechita knife and shechita is a melacha. Avodat Hakodesh Bet Moad 5:2:26 agrees. | |||
##Chiko Mamtakim Yom Tov v. 3 p. 712 writes that the reason that a butcher knife is kli shemelachto lisur is because its use is uvda dchol. | |||
##Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata ch. 20 fnt. 52, Shvut Yitzchak p. 13) explained that since the knife prepares meat that is going to be sold it is a kli shemelachto lisur. </ref> | |||
==Papers== | ==Papers== | ||
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# A loose leaf binder that contains commercial documents, building plans, account documents, passports, or identity certificates is considered [[Muktzeh]] and shouldn’t be moved. <Ref>Shemirat [[Shabbat]] KeHilchata 28:9 </ref> | # A loose leaf binder that contains commercial documents, building plans, account documents, passports, or identity certificates is considered [[Muktzeh]] and shouldn’t be moved. <Ref>Shemirat [[Shabbat]] KeHilchata 28:9 </ref> | ||
# Some poskim say that blank paper is considered Muktzeh Machmat Chisaron Kis, while others only consider it a Kli SheMelachto LeIssur. <ref>* Mishna Brurah 308:3 writes that blank paper is Muktzeh Machmat Chisaron Kis. Rav Moshe Feinstein in Igrot Moshe 4:72 writes that this still applies today since no sensible person would waste a blank piece of paper that’s useable for writing. See Halachos of [[Muktzeh]] (p. 84) who quotes Rav Moshe Feinstein as saying that even paper that one isn’t concerned about wasting is still [[Muktzeh Machmat Gufo]] since it has no purpose. | # Some poskim say that blank paper is considered Muktzeh Machmat Chisaron Kis, while others only consider it a Kli SheMelachto LeIssur. <ref>* Mishna Brurah 308:3 writes that blank paper is Muktzeh Machmat Chisaron Kis. Rav Moshe Feinstein in Igrot Moshe 4:72 writes that this still applies today since no sensible person would waste a blank piece of paper that’s useable for writing. See Halachos of [[Muktzeh]] (p. 84) who quotes Rav Moshe Feinstein as saying that even paper that one isn’t concerned about wasting is still [[Muktzeh Machmat Gufo]] since it has no purpose. | ||
* Rav Shlomo Zalman Auerbach (Meor HaShabbat v. 1 letter 10:3), however, says that a single piece of paper isn’t [[Muktzeh]] because people aren’t concerned about using it to clean something. Thus, Shemirat [[Shabbat]] Kehilchata 20:19 writes that only expensive stationary is Muktzeh Machmat Chisaron Kis, but regular paper is considered Kli SheMelachto LeIssur since it is designated for writing. </ref> | * Rav Shlomo Zalman Auerbach (Meor HaShabbat v. 1 letter 10:3), however, says that a single piece of paper isn’t [[Muktzeh]] because people aren’t concerned about using it to clean something. Thus, Shemirat [[Shabbat]] Kehilchata 20:19 writes that only expensive stationary is Muktzeh Machmat Chisaron Kis, but regular paper is considered Kli SheMelachto LeIssur since it is designated for writing. Shevet Halevi 9:78 and Chazon Ovadia v. 3 agree.</ref> | ||
# Blank pieces of paper are [[Muktzeh]]. Therefore, if a loose-leaf binder has pages with content together with blank pages, and the pages of content have some importance and one sometimes reads them, then, the binder is not [[Muktzeh]] and one may turn the blank pages in order to reach the pages of content. However, if the pages of content aren’t of importance and one doesn’t read them, then the binder as a whole is [[Muktzeh]] and should be moved. <Ref>Shemirat [[Shabbat]] KeHilchata 28:9. Chut Shani v. 3 p. 59 is lenient since </ref> | # Blank pieces of paper are [[Muktzeh]]. Therefore, if a loose-leaf binder has pages with content together with blank pages, and the pages of content have some importance and one sometimes reads them, then, the binder is not [[Muktzeh]] and one may turn the blank pages in order to reach the pages of content. However, if the pages of content aren’t of importance and one doesn’t read them, then the binder as a whole is [[Muktzeh]] and should be moved. <Ref>Shemirat [[Shabbat]] KeHilchata 28:9. Chut Shani v. 3 p. 59 is lenient since </ref> | ||
