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Muktzeh Machmat Chisaron Kis

2018-05-11T12:34:12Z

Cowado: /* Rules */

{{Okay}}
An object that isn’t meant to be used on [[Shabbat]], such as if its primary purpose is forbidden on [[Shabbat]], and its owner is careful about not using it for any other use, is considered [[Muktzeh Machmat Chisaron Kis]]. Any object in this category may not be moved on [[Shabbat]] even for a permitted use or the use of its place. <ref>The Gemara ([[Shabbat]] 157a) writes that even Rabbi Shimon, who usually is lenient in the laws of [[Muktzeh]], would agree to the concept of [[Muktzeh Machmat Chisaron Kis]]. Based on Tosfot ([[Shabbat]] 123b s.v. VeSakina), S”A 308:1 rules that [[Muktzeh Machmat Chisaron Kis]] may not be moved even for a permitted use or for the use of its place.
* The Rosh ([[Shabbat]] 17:4) understands [[Muktzeh Machmat Chisaron Kis]] to apply to objects that a person is concerned about using for any purpose other than its primary one. This language is quoted in S”A 308:1. Mishna Brurah 308:2 explains that one wouldn’t use these objects for any other purpose because of a fear of devaluing it.
* To clarify, the [[Tosefet Shabbat]] 310:13 writes that [[Muktzeh Machmat Chisaron Kis]] only applies to a Kli SheMelachto LeIssur, a utensil whose primary purpose is prohibited on [[Shabbat]]. He explains that the owner of a Kli SheMelachto LeIssur that is also something that one is concerned about using for anything else, sets it aside completely not to be used on [[Shabbat]]. However, a person doesn’t set aside a utensil whose primary purpose is permitted on [[Shabbat]] even if he wouldn’t use it for other uses and so it isn’t [[Muktzeh]]. S”A HaRav 308:4, Rabbi Mordechai Willig (“Hilchos [[Muktzeh]],” min 8-9) and Rav Hershel Schachter (“Insights into the Laws of [[Muktzeh]],” min 12-14) agree. Orchot [[Shabbat]] (vol 2, p. 42) argues that the [[Tosefet Shabbat]]’s rule is imprecise based the cases of merchandise (S”A 308:1) and a heavy cabinet (Mishna Brurah 308:8). Therefore, he concludes that the category includes anything that isn’t meant to be used on [[Shabbat]] and its owner is careful about not using it for other uses.
* In regards to other definitions of this category, the Magen Avraham 308:3 writes that anything expensive is considered [[Muktzeh Machmat Chisaron Kis]]. The Torat [[Shabbat]] 302:2 argues that it is not dependant on the price of the object but rather whether the owner considers it important and is concerned about it. See Binyan Shalom 308:1 who explains that the Magen Avraham agrees to the Torat [[Shabbat]] but just borrows the language of the Rishonim.
* Additionally, Rashi (123b s.v. veyeted) explains that [[Muktzeh Machmat Chisaron Kis]] applies to objects that a person is concerned about and designates for them a place because it doesn’t have another purpose. Igrot Moshe 5:22:12, however, notes that designation of a place isn’t crucial in the determination of [[Muktzeh Machmat Chisaron Kis]] but rather it is simply an indication that the owner is concerned about the object. Similarly, Mishna Brurah 308:3 writes that any object that a person is careful with and because of it’s value one wouldn’t use for anything other than it’s designated purpose, is considered [[Muktzeh Machmat Chisaron Kis]]. </ref>
==Muktzeh Machmat Chisaron Kis==
===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>
# 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)</ref>
===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>S”A 308:1 </ref>
# A item which is [[Muktzeh Machmat Chisaron Kis]] during [[Bein HaShemashot]] even if it breaks on [[Shabbat]] and now one isn’t careful with it because it’s no longer expensive is [[Muktzeh]] all of [[Shabbat]]. <ref>Mishna Brurah 308:35 in explanation of the Magen Avraham </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>S”A 308:26 </ref>

===Examples===
# A golden cigarette case is considered [[Muktzeh Machmat Chisaron Kis]]. <ref> Tiltulei [[Shabbat]] (pg 45 in the note) quotes Rav Moshe Feinstein (based on Mishna Brurah 310:27) as ruling that any case designated to hold a [[Muktzeh]] item, the owner doesn’t want to use container for anything else, and the owner is careful that the case isn’t broken is considered [[Muktzeh Machmat Chisaron Kis]]. </ref>
# A [[shofar]] is considered [[Muktzeh Machmat Chisaron Kis]] unless one is not concerned about using it for other uses. <Ref>Rama 308:4, Mishna Brurah 308:25 write that a shofer is [[Kli Sh’Melachto LeIssur]] but Shalmei Yehuda (pg 32) quoting Rav Elyashiv and Shemirat [[Shabbat]] KeHilchata (pg 361) quoting Rav Shlomo Zalman Auerbach note that for most people the [[shofar]] is expensive and wouldn’t be used for anything else and so should be [[Muktzeh Machmat Chisaron Kis]]. </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>
==Papers==
# Business letters, building plans, account documents, passports, and identification certificates are [[Muktzeh]]. <Ref>Shemirat [[Shabbat]] KeHilchata 28:6 </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.
* 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>
# 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 </ref>
==Disputed Items==
# The following items are considered by some to be Kli Sh’Melachto LeHeter while others consider by others to be [[Kli Sh’Melachto LeIssur]].
## pictures on the wall <ref> Chazon Ish 43:17 considers it severe [[Muktzeh]], while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-[[Muktzeh]]). If it is expensive, Shemirat Shabbat Kehilchata 20:22 writes that it is muktzeh machmat chisaron kis. </ref>
## clocks on the wall <ref> Chazon Ish 43:17 considers it severe [[Muktzeh]], while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-[[Muktzeh]]) </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Allowing Carrying Using an Eruv Chatzerot

2017-09-14T17:04:08Z

Cowado:

{{Okay}}
To permit carrying in a courtyard, community, or town on Shabbos, an eruv chatzerot is necessary. The eruv consists of 3 parts: 1) Walls or halachic partitions surrounding the desired area, 2) Renting access from the non-Jewish residents, and 3) A communally owned deposit of food. This article describes how to practically set up your very own Eruv Chatzerot in order to allow carrying on Shabbat in your area. For rabbis there is an obligation to set up an eruv in the community to allow to carry and avoid a violation of Shabbat.<ref>Rosh quoted in S”A, Kitzur Shulchan Aruch 94:1</ref>

==The Walls or Halachic Partitions==
# As long an area can be determined not to be a public domain on a Biblical level, an eruv using tzurot hapetach, entranceways made with two polls and a lentil as thin as a string on top, suffice. <ref>Rav Hershel Schacter in "[[Introduction to the Modern Eruv]]"</ref>
# See Rav Hershel Schachter's article on [[Introduction to the Modern Eruv]] and the [[Hotzah]] page for details about how to create the tzurat hapetach and the definitions of the 4 halachic domains.

==Renting access from non-Jews==
# In order to create an eruv to permit carrying it is necessary to rent the area of the non-Jewish residents as long as there are 2 or more Jews in the area.<ref>Shulchan Aruch O.C. 382:1</ref>
# It is possible to rent a non-Jew's area for the purposes of eruv chatzerot by renting it from his worker.<ref>Shulchan Aruch O.C 382:11</ref>
## For example, in an apartment building it is sufficient to go to the superintendent to pay a nominal amount in order to rent the hallways and lobby of the building. This, with the other conditions of an eruv chatzerot, would permit carrying from the Jewish apartments into the hallways and lobby but not into the non-Jew or non-religious Jew's apartment.<ref>[http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros" min 10-20)] explains that it suffices to say to the non-Jew that he is only renting it for religious purposes, since that is considered sechirut reuha. Additionally, if one were to rent the actual area where the non-Jews live then it is considered as though the entire area is under one domain and one may carry everywhere. However, where that's impossible it is possible to rent the area where the non-Jew has access, such as the public domain or the hallways of an apartment building, and then it would be permitted to carry from one's house into those public areas but not into the non-Jew's house. The same applies to a Jew who isn't careful about observing Shabbat publicly. Lastly, the superintendent is considered as though he is the worker who has access to the public domains of the building and can rent out those area. Therefore, in order to create an eruv chetzerot in an apartment building it is possible to make an oral transaction in which one rents the lobby and hallways from the superintendent for religious purposes. </ref>
## For example, in a city-wide eruv, it is possible to rent the streets and public domains for religious purposes from the town mayor. This, with the other conditions of an eruv chatzerot, would permit carrying from the Jewish houses into the street and public domains.<ref>[http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros" min 20-27)] explains that classically the town mayor or chief of police had access to everyone's houses and as such it is possible to rent from the mayor the entire town. However, in America, the mayor doesn't have such rights but still it is possible to rent from the mayor the streets and public domains. However, this rental wouldn't help with the apartment buildings since the mayor doesn't have rights to the inside of the apartment building.</ref>

==Communally Owned Food==
# The purpose of the jointly owned food is to indicate that it is as though everyone who owns a share of the food was living in one area.<ref>Gemara Eruvin 49a, Kitzur Shulchan Aruch 94:6</ref> In order to create a community eruv food of the size of 6 or 8 Kebaytzim suffices.<ref>Kitzur Shulchan Aruch 94:8</ref> Traditionally people use a box of Matzahs since that lasts a very long time.<ref>Rama 368:5. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 2-4) on yutorah.org] explains that a box of matzah is traditionally used for the eruv chatzerot and it works even for Sephardim who would make mezonot since it can be hamotzei if eaten as a meal. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 8-9) on yutorah.org] states that one box of matzahs probably has 8 Kebaytzim but if you think that's not enough then have 2 boxes of matzah.</ref>
# The food should be given as a gift to the entire community with the following procedure:
## The box of matzahs should be handed to a Jewish adult to whom the giver is unrelated<ref>Mishna Eruvin 79b, Kitzur Shulchan Aruch 94:7</ref> in order that the recipient acquire it on behalf of the Jews living in the community, including those who will move into the community from that point until the next Pesach.<ref>Tosfot Eruvin says that a guest who isn't living in a community for more than 30 days doesn’t need to participate in the shituf eruv for the chatzerot.</ref>
## The recipient should raise the box of matzahs a Tefach.<ref>Kitzur Shulchan Aruch 94:6</ref>
## After handing the box of matzahs to the recipient on behalf of the community, the giver who is creating the eruv should take the matzahs and recite the bracha of 'Asher Kideshanu B'mitzvotav V'tzivanu Al Mitzvat Eruv' is recited<ref>Kitzur Shulchan Aruch 94:6</ref>, however, this is only if one is certain that one absolutely needs an eruv chatzerot.
## Then he should stipulate that the box of matzah should serve as the eruv in order to permit carrying in that particular domain, with the following language: בהדין עירובא יהא שרי לנא לאפוקי ולעיולי מן הבתים לחצר ומן החצר לבתים ומבית לבית לכל ישראל הדרים בבתים שבחצר הזה.<ref>Kitzur Shulchan Aruch 94:6</ref>
## It is necessary to repeat this process each pesach and should be recreated the Shabbat during Pesach.<ref>Kitzur Shulchan Aruch 94:11</ref>
# The food must be accessible on Shabbat to the Jewish people for whom the eruv serves. <ref>Shulchan Aruch 394:2, Chaye Adam 72:9, Kitzur Shulchan Aruch 94:10</ref> According to Ashkenazim, it is common to place the eruv in the shul<ref>Rama 366:3, Kitzur Shulchan Aruch 94:24</ref>, however, according to Sephardim it should be placed in a person's house.<ref>Eruv KeHilchato (Rabbi Avraham Ades, p. 164)</ref>
## For example, in an apartment building it is should be known that the box of matzahs are stored in a certain apartment and when that person is away for shabbat, it should still be accessible such as by leaving the key with another tenant in the building.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 3-4) on yutorah.org]</ref> Some poskim hold that if the building is inside of a communal eruv, which has communal food such as matzah, the building eruv can rely upon the communal food of the communal eruv.<ref>Or Letzion 2:23:13</ref>
# If the food is eaten in the middle of Shabbat, it is still permitted to carry for that Shabbat, but the food must be replaced for the next Shabbat.<ref>Mishna Brurah 368:16</ref>

==Carrying within a Building==
# If a person lives in an apartment building with other Jewish, an eruv chatzerot is necessary in order to carry within the building on Shabbat.<ref>Eruv KeHilchato (Rabbi Avraham Ades, p. 149)</ref>
# Some say that if students live in a dorm with other Jewish students and everyone eats together in the cafeteria, an eruv chatzerot isn't necessary in order to carry in the dorms on Shabbat.<ref>Avnei Yishfeh O.C. 5:73 holds that if all of the students eat together in the cafeteria there's no need for an eruv chatzerot. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 35-40)] says that Rav Soloveitchik held that the students in the dormitory in Yeshiva University should make an eruv chatzeirot, however, the general assumption is like Rav Moshe and there's no need for an eruv chatzeirot.</ref>
# If a person visits a hotel for a Shabbat, some say that an eruv chatzerot isn't necessary in order to carry in the hotel on Shabbat, while others require it.<ref>[http://www.star-k.org/articles/kashrus-kurrents/501/the-travelers-halachic-guide-to-hotels/ Rav Tzvi Goldberg on star.org] writes that Igros Moshe 1:141 permits carrying without an eruv chatzeiros in a hotel, while the Dvar Avraham 3:30 argues. For a short summary of the topic see [http://www.yutorah.org/lectures/lecture.cfm/795045/Rabbi_Chaim_Eisenstein/Halacha_from_the_Daily_Daf--Eruvin_85-86-_Is_an_Eruvei_Chatzeiros_Necessary_in_a_Hotel- Rabbi Eisenstein's shiur on yutorah.org]. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 34-39)] explained that the consensus is that since all of the food for the hotel comes from the same kitchen there's no need for an eruv chatzerot; additionally, since the hotel can leave heavy furniture in the rooms that indicates that really everyone is guests by the hotel owner and there's no need for an eruv chatzerot.</ref>

==Sources==
<references/>
[[Category:Shabbat]]