16,374
edits
General Laws of Muktzeh: Difference between revisions
From Halachipedia
→Moving Muktzeh with Your Body
| (3 intermediate revisions by the same user not shown) | |||
| Line 16: | Line 16: | ||
* Based on S”A 309:3-4, Rabbi Simcha Bunim Cohen (Muktzeh, A Practical Guide p. 35-8) notes that one may not indirectly move a non-[[Muktzeh]] item if it was a Bosis. Additionally, if one can remove the [[Muktzeh]] item by tilting, one may not move it indirectly.</ref> | * Based on S”A 309:3-4, Rabbi Simcha Bunim Cohen (Muktzeh, A Practical Guide p. 35-8) notes that one may not indirectly move a non-[[Muktzeh]] item if it was a Bosis. Additionally, if one can remove the [[Muktzeh]] item by tilting, one may not move it indirectly.</ref> | ||
===Moving Muktzeh with Your Body=== | ===Moving Muktzeh with Your Body=== | ||
# It is permitted to move a [[Muktzeh]] item with one’s body | # It is permitted to move a [[Muktzeh]] item with one’s body<Ref> The Mishnah ([[Shabbat]] 141a) states that one may push [[Muktzeh]] straw off of his bed with his body but not with his hands. The Gemara explains that this is based on the principle that indirect movement of [[Muktzeh]] is permitted. Based on the distinction of Tosfot (see note 1), Rabbeinu Yonah (cited by the Rosh 3:19) asks why indirect movement of [[Muktzeh]] is permitted if one’s intent is to move the [[Muktzeh]] item. The Rosh answers that moving [[Muktzeh]] with one’s body is permitted even if one’s intent is to move [[Muktzeh]], whereas direct movement of a non-[[Muktzeh]] item which in turn moves a [[Muktzeh]] item is permitted only if one’s intent is for the non-[[Muktzeh]] item. Tur and S”A 311:8 codify this as halacha. | ||
* The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig (Am Mordechai p. 105-6) who connects this to the above dispute. </ref> | * The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig (Am Mordechai p. 105-6) who connects this to the above dispute. </ref> as long as that isn't the normal way to move the muktzeh.<ref>Menuchat Ahava 1:13:9. For example, Menuchat Ahava 1:13:12 writes that if a soccer ball is muktzeh it is forbidden to kick it since that is the normal way to move it during the week. See however, Yalkut Yosef Shabbat v. 2 5771 p. 434 who seems to disagree and doesn't think it is an issue of carrying muktzeh in your pocket even though it is normal since it is tiltul bgufo.</ref> | ||
# It’s permissible to blow on [[Muktzeh]] to make it move if | # It’s permissible to blow on [[Muktzeh]] to make it move even if it is for the protection of the muktzeh item. <Ref>Shulchan Aruch 308:43 and Rama 308:3 consider blowing on [[Muktzeh]] as tiltul bgufo and is permitted even if it is for the protection of the muktzeh. Rabbi Akiva Eiger on Rama 308:3 points out that the Maharil 200 holds that moving muktzeh with one's body is like indirect movement which can be moved only for a permissible purpose. But he concludes that we hold like the Rosh that it is permitted even for the muktzeh itself. Similarly see Mishna Brurah 309:15 who cites a similar approach of the Maharil.</ref> | ||
# Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magen Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref> | # Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magen Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref> | ||
# It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Ran on Rif (Shabbat 46b), Mishna Brurah 308:82 </ref> | # It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Ran on Rif (Shabbat 46b), Mishna Brurah 308:82 </ref> | ||
===For Safety=== | ===For Safety=== | ||
# It is permitted to move something dangerous that is muktzeh such as moving broken glass on the floor of a house.<ref>Shabbat 40a, Rama 308:6. Mishna Brurah 308:29 and 77 clarifies that the leniency applies even if it is for the safety of one person.</ref> If it could be moved with one's body or without tiltul min hasad it should.<ref>Byitzchak Bikareh 308:18</ref> | # It is permitted to move something dangerous that is muktzeh such as moving broken glass on the floor of a house.<ref>Shabbat 40a, Rama 308:6. Mishna Brurah 308:29 and 77 clarifies that the leniency applies even if it is for the safety of one person.</ref> If it could be moved with one's body or without tiltul min hasad it should.<ref>Byitzchak Bikareh 308:18</ref> | ||
| Line 77: | Line 78: | ||
# Something that is muktzeh because it wasn't prepared isn't muktzeh if it belonged to a non-Jew because a non-Jew has intention to use all of his objects on Shabbat.<ref>Ran Shabbat 46b s.v. asah, Rama 310:2, Shulchan Aruch 498:3, 517:1</ref> Therefore, building material that the non-Jew made into something useful isn't muktzeh; for example, a piece of lumber that a non-Jew made into a ramp on Shabbat isn't muktzeh.<ref>Ran Shabbat 46b s.v. asah</ref> | # Something that is muktzeh because it wasn't prepared isn't muktzeh if it belonged to a non-Jew because a non-Jew has intention to use all of his objects on Shabbat.<ref>Ran Shabbat 46b s.v. asah, Rama 310:2, Shulchan Aruch 498:3, 517:1</ref> Therefore, building material that the non-Jew made into something useful isn't muktzeh; for example, a piece of lumber that a non-Jew made into a ramp on Shabbat isn't muktzeh.<ref>Ran Shabbat 46b s.v. asah</ref> | ||
# Something that is muktzeh because of a prohibition that would be necessary to prepare it is muktzeh even if it belongs to a non-Jew.<ref>Ran Shabbat 46a, Gra 310:14, Mishna Brurah 310:12, Mishna Brurah 325:21</ref> | # Something that is muktzeh because of a prohibition that would be necessary to prepare it is muktzeh even if it belongs to a non-Jew.<ref>Ran Shabbat 46a, Gra 310:14, Mishna Brurah 310:12, Mishna Brurah 325:21</ref> | ||
# Something that wasn't edible at the beginning of Shabbat and wasn't going to be ready until after Shabbat if it became edible and belongs to a non-Jew it isn't muktzeh.<ref>Kol Bo 58 cited by Bet Yosef 310:2 writes that inedible grapes that were left to dry and weren't ready to be eaten all of Shabbat and would be forbidden for a Jew if it belongs to a non-Jew it is permitted. The Rama 310:2 codifies the Kol Bo.</ref> Others argue.<ref>The Bet Meir argues that the Ran 46b would be strict since it couldn't possibly have been designated to be used before Shabbat since it wasn't edible. Mishna Brurah 310:13 cites this Bet Meir and limits the Rama to a case where it was partially edible before Shabbat.</ref> | # Something that wasn't edible at the beginning of Shabbat and wasn't going to be ready until after Shabbat if it became edible and belongs to a non-Jew it isn't muktzeh.<ref>Kol Bo 58 cited by Bet Yosef 310:2 writes that inedible grapes that were left to dry and weren't ready to be eaten all of Shabbat and would be forbidden for a Jew if it belongs to a non-Jew it is permitted. The Rama 310:2 codifies the Kol Bo.</ref> Others argue.<ref>The Bet Meir 310:2 argues that the Ran 46b would be strict since it couldn't possibly have been designated to be used before Shabbat since it wasn't edible. Mishna Brurah 310:13 cites this Bet Meir and limits the Rama to a case where it was partially edible before Shabbat.</ref> | ||
# Something that was attached to the ground or an animal that wasn't trapped is muktzeh even though it belonged to a non-Jew at the beginning of Shabbat.<ref>Rashi Beitzah 24b, Shulchan Aruch 325:5, Mishna Brurah 325:21</ref> | # Something that was attached to the ground or an animal that wasn't trapped is muktzeh even though it belonged to a non-Jew at the beginning of Shabbat.<ref>Rashi Beitzah 24b, Shulchan Aruch 325:5, Mishna Brurah 325:21</ref> | ||
#Something that was inedible and became edible in the middle of Shabbat as a result of the non-Jew's cooking is muktzeh since it started Shabbat as muktzeh even if the food belongs to a non-Jew. This is relevant to bread baked by a non-Jew on Shabbat.<ref> | #Something that was inedible and became edible in the middle of Shabbat as a result of the non-Jew's cooking is muktzeh since it started Shabbat as muktzeh even if the food belongs to a non-Jew. This is relevant to bread baked by a non-Jew on Shabbat.<ref> | ||
| Line 83: | Line 84: | ||
# Something that was made on Shabbat and is nolad, some say that if it belongs to a non-Jew it isn't nolad, some say that it is muktzeh.<ref>Magen Avraham 308:15 is strict that if a non-Jew made a utensil on Shabbat that it is nolad and muktzeh even if it belongs to the non-Jew. Levush 505:1 is lenient. Nishmat Avraham second edition p. 576 quotes Rav Shlomo Zalman that a fax that came in on Shabbat is nolad on Shabbat but a newspaper made on Shabbat isn't nolad since there's no muktzeh on a non-Jew's property.</ref> | # Something that was made on Shabbat and is nolad, some say that if it belongs to a non-Jew it isn't nolad, some say that it is muktzeh.<ref>Magen Avraham 308:15 is strict that if a non-Jew made a utensil on Shabbat that it is nolad and muktzeh even if it belongs to the non-Jew. Levush 505:1 is lenient. Nishmat Avraham second edition p. 576 quotes Rav Shlomo Zalman that a fax that came in on Shabbat is nolad on Shabbat but a newspaper made on Shabbat isn't nolad since there's no muktzeh on a non-Jew's property.</ref> | ||
# These rules of a non-Jew apply also to a non-religious Jew.<ref>Chatom Sofer Mamarim Chadashim Toldot p. 98</ref> | # These rules of a non-Jew apply also to a non-religious Jew.<ref>Chatom Sofer Mamarim Chadashim Toldot p. 98</ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
[[Category:Muktzeh]] | [[Category:Muktzeh]] | ||
