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Non-muktzeh Items: Difference between revisions

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===Rules===
===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1; S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1; S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4; Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> Shulchan Aruch O.C. 308:4, Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref> Additionally, many permit it to help them with nervousness.<ref>Rav Nevinsal in Byitzchak Yikareh 308:4 quoting Rav Shlomo Zalman Auerbach</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>
# A minority opinion holds that if you can set the table before Shabbat you should and it would be forbidden because of muktzeh to wait until Shabbat to do that. However, this opinion isn’t accepted.<ref> Why was moving the reeds on the Shulchan an issue? Ritva and Tosfot Harosh say that it is only an issue according to Rabba who says that moving something for the protection of the utensil isn’t enough and we don’t follow his opinion. Ran Meyuchas Lritva writes that it is because it is shelo ltzorech klal since it could be avoided by arranging it before and after Shabbat. Birkat Tzvi Shabbat p. 333 quotes Rav Yisrael Schwartz that according to the Meyuchas LRitva you should set the table before Shabbat otherwise it is considered shelo ltzorech klal to do something on Shabbat that you could have done on Shabbat. He writes that he didn’t see the poskim write this. This assumes that silverware and the like shouldn’t be moved for no reason; see Mishna Brurah 308:23.</ref>


===Examples===
===Examples===