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General Laws of Muktzeh: Difference between revisions
From Halachipedia
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==Mistaken Muktzeh== | ==Mistaken Muktzeh== | ||
# If someone thought that something wasn’t edible before Shabbat and then on Shabbat he realized that he was incorrect and it was edible before Shabbat it isn’t muktzeh.<ref>Gemara Beitzah 26b establishes that if someone didn’t realize that something was edible and useable for Shabbat and thought it was muktzeh and in fact he was mistaken the halacha is that it isn’t muktzeh. Shulchan Aruch 310:4 codifies this as the halacha.</ref> Some permit this only when one anticipated the food to become edible at some point.<ref>Rashi Beitzah 26b s.v. muter, Mishna Brurah 310:17</ref> | # If someone thought that something wasn’t edible before Shabbat and then on Shabbat he realized that he was incorrect and it was edible before Shabbat it isn’t muktzeh.<ref>Gemara Beitzah 26b establishes that if someone didn’t realize that something was edible and useable for Shabbat and thought it was muktzeh and in fact he was mistaken the halacha is that it isn’t muktzeh. Shulchan Aruch 310:4 codifies this as the halacha.</ref> Some permit this only when one anticipated the food to become edible at some point.<ref>Rashi Beitzah 26b s.v. muter, Mishna Brurah 310:17</ref> | ||
## For example, if someone thought that his animals were outside of the techum before Shabbat and in fact they were in the techum some hold that they are permitted<ref>Chazon Ish 49:13, Byitzchak Yikareh 310:17. There is a proof that this is permitted from the Ritva Shabbat 45a s.v. amar that if a person put seeds in the ground and assumed that they took root if in fact they didn’t they aren’t muktzeh.</ref>, while others hold that they are muktzeh.<ref>Biur Halacha 498:3 s.v. im cited by Dirshu 310:25</ref> | ## For example, if someone thought that his animals were outside of the techum before Shabbat and in fact they were in the techum some hold that they are permitted<ref>Chazon Ish 49:13, Byitzchak Yikareh 310:17. There is a proof that this is permitted from the Ritva Shabbat 45a s.v. amar that if a person put seeds in the ground and assumed that they took root if in fact they didn’t they aren’t muktzeh.</ref>, while others hold that they are muktzeh.<ref>Biur Halacha 498:3 s.v. im cited by Dirshu 310:25. See Rosh Yosef Beitzah 26b who seems to agree with Biur Halacha and Rashi unlike the Levush he quotes which is like the Chazon Ish.</ref> | ||
# If someone thought that something was muktzeh because it was forbidden and it came out that it was in fact permitted some hold that it is muktzeh since he didn’t prepare it and intentionally thought it was forbidden.<ref>Pri Megadim E”A 498:9 writes that if you thought something was forbidden and it came out that it wasn’t then in fact it is muktzeh.</ref> Most other poskim hold that it is permitted.<ref> Chazon Ish OC 49:13 writes if you have intention that something should be muktzeh because it is forbidden when in fact it is permitted that it is indeed not muktzeh. His proof is Tosfot Sukkah 10b s.v. ad that all muktzeh because of the previous day when it is practically forbidden during ben hashemashot isn’t muktzeh. (Note that Mishna Brurah 310:17 is premised on Rashi Beitzah and Tosfot Sukkah is also in disagreement with Rashi.) Rav Shlomo Zalman Auerbach in Shemirat Shabbat Khilchata ch. 22 fnt. 32 and Rav Nevinsal in Byitzchak Yikareh 310:17 agree.</ref> | # If someone thought that something was muktzeh because it was forbidden and it came out that it was in fact permitted some hold that it is muktzeh since he didn’t prepare it and intentionally thought it was forbidden.<ref>Pri Megadim E”A 498:9 writes that if you thought something was forbidden and it came out that it wasn’t then in fact it is muktzeh.</ref> Most other poskim hold that it is permitted.<ref> Chazon Ish OC 49:13 writes if you have intention that something should be muktzeh because it is forbidden when in fact it is permitted that it is indeed not muktzeh. His proof is Tosfot Sukkah 10b s.v. ad that all muktzeh because of the previous day when it is practically forbidden during ben hashemashot isn’t muktzeh. (Note that Mishna Brurah 310:17 is premised on Rashi Beitzah and Tosfot Sukkah is also in disagreement with Rashi.) Rav Shlomo Zalman Auerbach in Shemirat Shabbat Khilchata ch. 22 fnt. 32 and Rav Nevinsal in Byitzchak Yikareh 310:17 agree.</ref> | ||
# If someone thought that something was permitted and non-muktzeh and on Shabbat he realized that in fact it was muktzeh many hold that it is indeed muktzeh, others holds it isn’t muktzeh.<Ref>Dirshu 310:25 quotes Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:62:11 and Shemirat Shabbat Khilchata ch. 22 fnt. 31 that it is forbidden but the Tosfot Rid Beitzah 31b permits it.</ref> | # If someone thought that something was permitted and non-muktzeh and on Shabbat he realized that in fact it was muktzeh many hold that it is indeed muktzeh, others holds it isn’t muktzeh.<Ref>Dirshu 310:25 quotes Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:62:11 and Shemirat Shabbat Khilchata ch. 22 fnt. 31 that it is forbidden but the Tosfot Rid Beitzah 31b permits it.</ref> | ||
