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Bosis: Difference between revisions
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# If someone leaves items in a drawer with a muktzeh item on top of a permitted item, some say that the permitted item on bottom isn't muktzeh, while some disagree.<ref>Trumat Hadeshen Pesakim 193 writes that some wanted to permit something that was left haphazardly on top of something else unless it was left there to rest there securely. He disagrees with that position. Magen Avraham 309:6 accepts the lenient view. Rabbi Akiva Eiger 309:4 rejects one of the proofs of the Magen Avraham.</ref> Ashkenazim can be lenient in a case of need,<ref>Mishna Brurah 309:18, Shulchan Aruch Harav 309:9, Orchot Shabbat v. 2 p. 134</ref> Sephardim should be strict.<ref>Taz 309:1, Chazon Ovadia v. 3 p. 133</ref> | # If someone leaves items in a drawer with a muktzeh item on top of a permitted item, some say that the permitted item on bottom isn't muktzeh, while some disagree.<ref>Trumat Hadeshen Pesakim 193 writes that some wanted to permit something that was left haphazardly on top of something else unless it was left there to rest there securely. He disagrees with that position. Magen Avraham 309:6 accepts the lenient view. Rabbi Akiva Eiger 309:4 rejects one of the proofs of the Magen Avraham.</ref> Ashkenazim can be lenient in a case of need,<ref>Mishna Brurah 309:18, Shulchan Aruch Harav 309:9, Orchot Shabbat v. 2 p. 134</ref> Sephardim should be strict.<ref>Taz 309:1, Chazon Ovadia v. 3 p. 133</ref> | ||
==Mid-Shabbat Bosis== | ==Mid-Shabbat Bosis== | ||
# Is it possible to create a bosis in the middle of Shabbat? According to the majority of rishonim if muktzeh is intentionally placed upon a non-muktzeh item on Shabbat the non-muktzeh item becomes a bosis such that even tilting off the muktzeh is forbidden | # Is it possible to create a bosis in the middle of Shabbat? According to the majority of rishonim if muktzeh is intentionally placed upon a non-muktzeh item on Shabbat the non-muktzeh item becomes a bosis such that even tilting off the muktzeh is forbidden.<ref> | ||
# Baal Hameor 66b s.v. amar explains that a bosis can't be created mid-Shabbat and you can tilt off the muktzeh. Magen Avraham 308:50 accepts this. Ritva Beitzah 21b s.v. gezerah and Shitah Mikubeset Beitzah 21b s.v. vod citing the Raah imply this as well. Chazon Ish 48:8 claims that this is indeed a minority opinion. Shaarei Muktzeh p. 274 agrees. | # Baal Hameor 66b s.v. amar explains that a bosis can't be created mid-Shabbat and you can tilt off the muktzeh. Magen Avraham 308:50 accepts this. Ritva Beitzah 21b s.v. gezerah and Shitah Mikubeset Beitzah 21b s.v. vod citing the Raah imply this as well. Chazon Ish 48:8 claims that this is indeed a minority opinion. Shaarei Muktzeh p. 274 agrees. | ||
## Chazon Ish 48:9 proves that everyone agrees if it is a designated place that it creates a bosis. His proof is Beitzah 21b. Ritva Beitzah 21b s.v. gezerah supports this. See however, Shitah Mikubeset Beitzah 21b s.v. vod citing the Raah who has a similar concept. | ## Chazon Ish 48:9 proves that everyone agrees if it is a designated place that it creates a bosis. His proof is Beitzah 21b. Ritva Beitzah 21b s.v. gezerah supports this. See however, Shitah Mikubeset Beitzah 21b s.v. vod citing the Raah who has a similar concept. | ||
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##Ritva 154b s.v. vha writes that an item isn't a bosis in the middle of Shabbat if the muktzeh was placed on top with intention to be removed and then niyur is permitted. | ##Ritva 154b s.v. vha writes that an item isn't a bosis in the middle of Shabbat if the muktzeh was placed on top with intention to be removed and then niyur is permitted. | ||
##Ramban 154b s.v. vokimna writes that it is an issue of bitul kli mhechano when a person leaves muktzeh on it on Shabbat even though it is possible to remove it with niyur because you left it with intention to do niyur. Rashba 154b s.v. ha and Ritva s.v. vyesh agree. Ran 154b s.v. bshilfi clearly states that a mid-Shabbat bosis is forbidden in niyur unless the muktzeh was placed with intention of removing it. | ##Ramban 154b s.v. vokimna writes that it is an issue of bitul kli mhechano when a person leaves muktzeh on it on Shabbat even though it is possible to remove it with niyur because you left it with intention to do niyur. Rashba 154b s.v. ha and Ritva s.v. vyesh agree. Ran 154b s.v. bshilfi clearly states that a mid-Shabbat bosis is forbidden in niyur unless the muktzeh was placed with intention of removing it. | ||
## Meiri 143a s.v. gariynim and 154b s.v. kvar argues with the Baal Hameor that you can create a bosis in the middle of Shabbat. It isn't clear if he only forbids tiltul min hasad or also niyur. If you didn't leave it there until the end of Shabbat it won't be a bosis.</ref> | ## Meiri 143a s.v. gariynim and 154b s.v. kvar argues with the Baal Hameor that you can create a bosis in the middle of Shabbat. It isn't clear if he only forbids tiltul min hasad or also niyur. If you didn't leave it there until the end of Shabbat it won't be a bosis.</ref> The halacha is accordance with this opinion.<ref>See Chazon Ish 48:8 and Orchot Shabbat v. 2 pp. 138-9. Magen Avraham 308:50 and 266:14 accepts the Baal Hameor while the Bet Yosef 265:3 does not. Chazon ish 48:8 writes that the Baal Hameor was rejected. Mishna Brurah 310:26 implies like the Baal Hameor.</ref> | ||
# If muktzeh was placed on non-muktzeh on Shabbat does it make the non-muktzeh a bosis if one had intention to remove it before the end of Shabbat? Most rishonim hold that one can tilt off the muktzeh if one had intention to remove it before the end of Shabbat.<ref>Certainly the Baal Hameor is lenient since a mid-Shabbat bosis is completely permitted. However, even Ramban 154b, Ran 154b, Ritva 154, Rashba 154b, and Meiri 154b agree that one can tilt it off since one didn't plan to leave it until the end of Shabbat. However, Tosfot 44b s.v. yesh implies that a mid-Shabbat bosis is a bosis even if one had intention to remove it later that Shabbat. Tosfot Beitzah 2a s.v. vbet implies the same if not for Rabbenu Tam's opinion. Rabbi Akiva Eiger 44b is bothered how they explain Gemara 154b. He suggests an answer. Bet Yosef 265:3 similarly holds that a mid-Shabbat bosis is a bosis even if one has intention to remove it later that Shabbat. Maamar Mordechai 265:2 answers Rabbi Akiva Eiger's question for the Bet Yosef.</ref> | |||
# Some say that if one needs to move this mid-Shabbat bosis one can place upon it something non-muktzeh that is more valuable than the muktzeh item and then it'll be permitted to tilt the bosis or if tilting isn't feasible one can bring it to a place where it is.<ref>Taz 310:8, Mishna Brurah 310:37</ref> | |||
==A bosis with both Muktzeh and non-Muktzeh== | ==A bosis with both Muktzeh and non-Muktzeh== | ||
