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Broken Utensils: Difference between revisions

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# Orah VeSimcha 25:8 s.v. Aval, Tehila LeDavid 308:17, Badei HaShulchan 109:12 hold like Hagahot Rabbi Akiva Eiger.  
# Orah VeSimcha 25:8 s.v. Aval, Tehila LeDavid 308:17, Badei HaShulchan 109:12 hold like Hagahot Rabbi Akiva Eiger.  
## Megilat Sefer (pg 268) s.v. Min HaAmur writes that if one rips a plastic bag bag open in a destructive way it’s [[Muktzeh]] since it’s usual to throw out. However, Adnei Shlomo (pg 265, 308:204) argues based on the Rashba. the Chut HaSheni (Rav Nassim Karlitz; vol 3, chapter 51, pg 106) also argues that if it was not thrown out before [[Shabbat]] it’s not [[Muktzeh]]. [Matnat Yehuda (pg 317) quotes Rav Nassim Karlitz and praises it. ]
## Megilat Sefer (pg 268) s.v. Min HaAmur writes that if one rips a plastic bag bag open in a destructive way it’s [[Muktzeh]] since it’s usual to throw out. However, Adnei Shlomo (pg 265, 308:204) argues based on the Rashba. the Chut HaSheni (Rav Nassim Karlitz; vol 3, chapter 51, pg 106) also argues that if it was not thrown out before [[Shabbat]] it’s not [[Muktzeh]]. [Matnat Yehuda (pg 317) quotes Rav Nassim Karlitz and praises it. ]
==Disputed Items==
==Button that Fell Off==
# If a button fell off of a shirt on Shabbat, according to some poskim, if one plans on using it to sew back onto the shirt it isn't muktzeh, but not if it is a standard button that one doesn't care to save because there are many like it available. Other poskim hold that it is totally muktzeh since it isn't useful right now.<ref> Mishna Brurah 308:35 writes that the lid of a kli that fell off on Shabbat isn't muktzeh since it can be reattached. [http://www.hebrewbooks.org/pdfpager.aspx?req=41315&st=&pgnum=123 Tehillah LDovid 308:11] explains that even though it is forbidden to reattach it on Shabbat since it could be used to reattach after Shabbat it is still called a kli. He discusses whether this applies to all kelim that break or only those which are easily reattached like a door. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata 15:72) held that a button that fell off a shirt on Shabbat is the same as a door that fell off a container. Since it could be returned after Shabbat it is essentially a kli. Nonetheless, this only applies if it is a unique button to a unique shirt but if it is the standard one then a person doesn't usually care about saving it and so it isn't a kli. Shemirat Shabbat Kehilchata concludes that it is proper to be strict. [http://www.hebrewbooks.org/pdfpager.aspx?req=49531&st=&pgnum=203 Minchat Shabbat 88:2] and [http://www.hebrewbooks.org/pdfpager.aspx?req=880&pgnum=247 Az Nidberu 7:46] agree. He added that if there's a type of item which required a professional to reattach it then it would be muktzeh. Shalmei Yehuda (p. 80) quotes Rav Elyashiv who questioned the proofs to be lenient. Rav Moshe Feinstein in Igrot Moshe 5:22:20 held that a button that fell off is really muktzeh since it is't useful.</ref>
# If a button fell off of a shirt on Shabbat, according to some poskim, if one plans on using it to sew back onto the shirt it isn't muktzeh, but not if it is a standard button that one doesn't care to save because there are many like it available.<ref> Mishna Brurah 308:35 writes that the lid of a kli that fell off on Shabbat isn't muktzeh since it can be reattached. [http://www.hebrewbooks.org/pdfpager.aspx?req=41315&st=&pgnum=123 Tehillah LDovid 308:11] explains that even though it is forbidden to reattach it on Shabbat since it could be used to reattach after Shabbat it is still called a kli. He discusses whether this applies to all kelim that break or only those which are easily reattached like a door. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata 15:72) held that a button that fell off a shirt on Shabbat is the same as a door that fell off a container. Since it could be returned after Shabbat it is essentially a kli. Nonetheless, this only applies if it is a unique button to a unique shirt but if it is the standard one then a person doesn't usually care about saving it and so it isn't a kli. Shemirat Shabbat Kehilchata concludes that it is proper to be strict. [http://www.hebrewbooks.org/pdfpager.aspx?req=49531&st=&pgnum=203 Minchat Shabbat 88:2] and [http://www.hebrewbooks.org/pdfpager.aspx?req=880&pgnum=247 Az Nidberu 7:46] agree. He added that if there's a type of item which required a professional to reattach it then it would be muktzeh. Shalmei Yehuda (p. 80) quotes Rav Elyashiv who questioned the proofs to be lenient.</ref> Other poskim hold that it is totally muktzeh since it isn't useful right now.<ref>Why are doors of kelim that break off not muktzeh? Tosfot Shabbat 122b s.v. adaraba explains that it useful to be reused when reattached. Ran 122b s.v. adaraba agrees. Mishna Brurah 308:35 codifies this. However, Shitah Lner 122b s.v. vaf and Meiri 122b s.v. amar imply otherwise; it isn’t muktzeh since it is currently useful for its original purpose of covering utensils.
# If a Mezuzah fell on Shabbat, according to some poskim, it is muktzeh since it wasn't part of a kli before Shabbat. However, many poskim are lenient not to consider it muktzeh.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=49531&st=&pgnum=216 Minchat Shabbat 88:38:7] held that the mezuzah which fell on Shabbat is muktzeh since it was attached to the house that isn't a kli and fell just like a door of a house which broke off on Shabbat is muktzeh (Shulchan Aurch 308:8). However, Rav Elyashiv (Shalmei Yehuda 1:2, p. 28) is lenient because the mezuzah isn't considered a part of the house unlike a door. Rav Nissim Karelitz (Chut Shani Shabbat v. 3 50:1:2) agrees if the mezuzah scroll could be opened and be used. </ref> Everyone agrees that if the mezuzah is in a disgraceful place it is permitted to move it to a dignified area.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14703&pgnum=101 Az Nidbaru 8:38] discusses whether the mezuzah is muktzeh machmat chisaron kis and if it fell if it should be muktzeh. He concludes that either way if it fell and is in a disgraceful position it is certainly permitted to be moved.</ref>
* Shemirat Shabbat Kehilchata ch. 15 fnt. 235 points out that Mishna Brurah 308:35 permits anything that can be reattached even if it can't be used for anything else. However, we should be strict for the Meiri. Also, Rav Moshe Feinstein in Igrot Moshe 5:22:20 held that a button that fell off is really muktzeh since it isn't useful for anything.</ref>
==Mezuzah that Fell==
# If a Mezuzah fell on Shabbat, according to some poskim, it is muktzeh since it wasn't part of a kli before Shabbat. However, many poskim are lenient not to consider it muktzeh.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=49531&st=&pgnum=216 Minchat Shabbat 88:38:7] held that the mezuzah which fell on Shabbat is muktzeh since it was attached to the house that isn't a kli just like a door of a house which broke off on Shabbat is muktzeh (Mishna Shabbat 122b, Shulchan Aurch 308:8). However, Rav Elyashiv (Shalmei Yehuda 1:2, p. 28) is lenient because the mezuzah isn't considered a part of the house unlike a door. Rav Nissim Karelitz (Chut Shani Shabbat v. 3 50:1:2) agrees if the mezuzah scroll could be opened and be used. </ref> Everyone agrees that if the mezuzah is in a disgraceful place it is permitted to move it to a dignified area.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14703&pgnum=101 Az Nidbaru 8:38] discusses whether the mezuzah is muktzeh machmat chisaron kis and if it fell if it should be muktzeh. He concludes that either way if it fell and is in a disgraceful position it is certainly permitted to be moved.</ref>


==Sources==
==Sources==