Difference between revisions of "Kli SheMelachto LeIsser"

From Halachipedia
Jump to: navigation, search
(for it’s permitted use)
(Definition)
Line 3: Line 3:
 
# The following items are included in the Kli Sh’Melachto LeIssur category:
 
# The following items are included in the Kli Sh’Melachto LeIssur category:
 
* items that are primarily used for prohibited activities on Shabbat <ref>Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a Kli Sh’Melachto LeIssur. On the other hand, some opinions (Gedolot Elisha 308:19, see ‘empty cooking pots’) hold that even if only a minority of the uses of the kli are permitted, the kli is considered Kli Sh’Melachto LeHeter. </ref>
 
* items that are primarily used for prohibited activities on Shabbat <ref>Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a Kli Sh’Melachto LeIssur. On the other hand, some opinions (Gedolot Elisha 308:19, see ‘empty cooking pots’) hold that even if only a minority of the uses of the kli are permitted, the kli is considered Kli Sh’Melachto LeHeter. </ref>
 +
# Even if the Kli Sh’Melachto LeIssur was used for forbidden Melacha during Ben Hashemashot it’s still considered Kli Sh’Melachto LeIssur and not total Muktzeh. <Ref>Mishna Brurah 308:11 </ref>
  
 
===Rules===
 
===Rules===

Revision as of 14:52, 5 March 2011

Kli Sh’Melachto LeIssur

Definition

  1. The following items are included in the Kli Sh’Melachto LeIssur category:
  • items that are primarily used for prohibited activities on Shabbat [1]
  1. Even if the Kli Sh’Melachto LeIssur was used for forbidden Melacha during Ben Hashemashot it’s still considered Kli Sh’Melachto LeIssur and not total Muktzeh. [2]

Rules

  1. An item of Kli Sh’Melachto LeIssur status may be moved either
    1. to be used for its permitted use or
    2. because its space is needed. [3]
  2. It’s forbidden to move a Kli Sh’Melachto LeIssur for the purposes of the object itself such as to prevent it from getting broken or being stolen. [4]
  3. Once the Kli Sh’Melachto LeIssur is in one’s hand, one may place it wherever he chooses. [5]

for it’s permitted use

  1. Many authorities hold that a Kli Sh’Melachto LeIssur item shouldn’t be used for a permitted use if there’s a permitted item available that serves the same function, yet some argue and one has what to rely on. [6]
  2. Some define ‘available’ as within the same room, meaning, that there’s if there’s a Kli Sh’Melachto LeHeter in the same room as a Kli Sh’Melachto LeIssur, one must use the Kli Sh’Melachto LeHeter, however, if the permitted one is in another room, one may use the Kli Sh’Melachto LeIssur. [7]
  3. It’s permitted to move the Kli Sh’Melachto LeIssur for a permitted use even if one’s primary intent is to move the object to protect it from breaking. Some limit to where there’s a loss of money. [8]
  4. Using something as a paperweight is considered a Tzorech Gufo. [9]
  5. A Kli Sh’Melachto LeIssur can be moved in order that a Jew use it for a permissible purpose, however, one may not move a Kli Sh’Melachto LeIssur for a non-Jew. [10]

for it’s space

  1. It’s permitted to move a Kli Sh’Melachto LeIssur if the space it is occupied is needed for some permitted purpose i.e. clearing a chair to sit. [11]
  2. It’s permitted to move a Kli Sh’Melachto LeIssur if the object is in the way of getting something for a permitted purpose i.e. clearing a bookshelf ledge to get a book. [12]
  3. Many authorities hold that moving a Kli Sh’Melachto LeIssur to clean up clutter isn’t considered moving an item for its space and therefore it’s forbidden to move a Kli Sh’Melachto LeIssur item just to declutter. [13] For example, it’s forbidden to move a pen from a table so that the table is clean for kavod Shabbat. [14]
  4. Some authorities hold that a Kli Sh’Melachto LeIssur item shouldn’t be moved for it’s space if another space is available that serves the same purpose. [15]
  5. If one has a certain insistence on using the space that the Kli Sh’Melachto LeIssur occupies specifically and not another space that’s available, one may move the Kli Sh’Melachto LeIssur. [16]
  6. Some say that it’s permitted to move the Kli Sh’Melachto LeIssur if it’s space is needed even if one’s primary intent is to move the object to protect it from breaking, while others forbid. [17]

Other reasons to permit

  1. Some permit moving a Kli Sh’Melachto LeIssur in order to protect it so that later on that Shabbat one will be able to use the Kli Sh’Melachto LeIssur itself for a permitted purpose. [18]
  2. Many permit moving a Kli Sh’Melachto LeIssur by asking a non-Jew to move it. [19]
  3. Some suggest that by placing a permitted item (e.g. piece of food) on a Kli Sh’Melachto LeIssur, one would be permitted to move the Kli Sh’Melachto LeIssur. According to Ashekenazim, this leniency isn’t accepted unless there’s a great loss, whereas Sephardim hold that this leniency applies in all cases. [20]

Examples

References

  1. Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a Kli Sh’Melachto LeIssur. On the other hand, some opinions (Gedolot Elisha 308:19, see ‘empty cooking pots’) hold that even if only a minority of the uses of the kli are permitted, the kli is considered Kli Sh’Melachto LeHeter.
  2. Mishna Brurah 308:11
  3. S”A 308:3
  4. S”A 308:3
  5. Mishna Brurah 308:13, Tiltulei Shabbat (pg 234), Yalkut Yosef (Kitzur S”A 308:109)
  6. Mishna Brurah 308:12 writes that if there’s another permitted kli available one shouldn’t use the Kli Sh’Melachto LeIssur. The following achronim bring this Mishna Brurah as halacha: Kaf HaChaim 308:22, Igrot Moshe O”C 5:21(12), Sh”t Shevet HaLevi 1:127(9), and Sh”t Az Nidbaru 8:31,64. However, the Badei HaShulchan 108:14, and Shemirat Shabbat KeHilchata 20:8 question the Mishna Brurah and leave it unresolved (the Shemirat Shabbat KeHilchata says it’s preferable to use the other permitted kli). Lastly, the Sh”t Bear Moshe 8:74-5, Daat Torah 308:3, Yalkut Yosef (Shabbat vol 2 pg 413) and Sh”t Tefillah LeMoshe 1:17 rule against the Mishna Brurah that even if there’s a permitted item to use, one may use the forbidden one.
  7. Sefer Tiltulei Shabbat (pg 38) in the name of Rav Moshe Feinstein. [A similar idea is found in Sh”t Chesev HaEfod 3:80 (quoted by Piskei Teshuvot 308:5) and Shemirat Shabbat KeHilchata (chapter 20 note 19).]
  8. Magan Avraham 308:8 and Mishna Brurah 308:16 write that as long as one uses the Kli Sh’Melachto LeIssur for a permitted use even if one’s primary intent is to move the Kli Sh’Melachto LeIssur for it’s protection it’s permissible. However, the Aruch HaShulchan 308:14 (quoted as halacha in Tiltulei Shabbat pg 40) limits this leniency to where there’s a loss of money.
  9. Tiltulei Shabbat (pg 50)
  10. Magan Avraham 308:18, Mishna Brurah 308:34
  11. Sefer Tiltulei Shabbat (pg 39) in explanation of a need of the space
  12. Shemirat Shabbat KeHilchata 20:10, Sefer Tiltulei Shabbat (pg 39) in explanation of a need of the space.
  13. Sh”t Igrot Moshe O”C 5:22-31, Shemirat Shabbat KeHilchata 20:10, Rav Elyashiv in Shalmei Yehuda (pg 11), and Sh”t Az Nidabru all hold that moving an item to clean up clutter isn’t considered moving an item because its space is needed. Similarly, Yalkut Yosef (Shabbat vol 2 pg 415-6) writes that one should really not move a Kli Sh’Melachto LeIssur just to clean up for guests unless it’s done with a shinui but concludes that those who lenient have what to rely on. See Sh”t Machazeh Eliyahu 46 who is lenient.
  14. Tiltulei Shabbat (answers of Rav Moshe#6), this is also quoted in Yalkut Yosef (Shabbat vol 2 pg 416)
  15. Sh”t Shevet HaLevi 1:127(9) makes no difference between the need for the object and the need for it’s space, in both cases one may only use it if another permitted one isn’t available. Sh”t Az Nidbaru 8:64 agrees but writes that the Mishna Brurah 308:12 didn’t spell this out since it’s obvious that if there’s another space available that’ll serve the same purpose of the space that the Kli Sh’Melachto LeIssur occupies that the Kli Sh’Melachto LeIssur shouldn’t be moved.
  16. Sh”t Az Nidbaru 8:64, Yalkut Yosef (Shabbat vol 2, pg 414-5)
  17. Sh”t Shevet HaLevi 1:127(6) understood Mishna Brurah 308:16 as saying that it’s permissible to move a Kli Sh’Melachto LeIssur even if one’s primary intent is to protect it whether it’s a need for the kli itself or a need for it’s space. However, Sh”t Az Nidbaru 8:64 argues that this leniency is only true regarding a need for the kli itself but not when the space is needed (especially if there’s other space available).
  18. Tiltulei Shabbat (pg 39) quoting Tehilah LeDavid 308:5
  19. Mishna Brurah 308:15, Tiltulei Shabbat (pg 40), however, Yalkut Yosef (Shabbat vol 2 pg 409) writes that this leniency should only be relied on if there’s a great need or great financial loss.
  20. The Rosh (in his teshuvot#22, quoted by Bet Yosef 308:4) writes that a grinder may be moved if you place any permissible item (like bread) on the grinder and the same is true of a pot. However, the Rashba (Shabbat 123a) argues that the grinder may only be moved if there’s some of the food that’s normally put in the grinder such as garlic and so too cooked food in a pot. S”A 308:4 seems to rule like the Rosh, however, the achronim including the Taz 308:4 and Mishna Brurah 308:26 argue that one should be strict like the Rashba. Nonetheless, the Yalkut Yosef holds like S”A.
  21. 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. Nonetheless, says the Tiltulei Shabbat, since owners wouldn’t mind placing other objects in the aquarium when it’s empty, the aquarium isn’t Muktzeh Machmat Chisaron Kis but only Kli Sh’Melachto LeIssur (So it seems from Igrot Moshe 4:46 at the end).
  22. Shalmei Yehuda (pg 72,76) quotes Rabbi Binyamin Zilber and Rav Elyashiv who consider an ash try as a Kli Sh’Melachto LeIssur. Yalkut Yosef (Shabbat vol 2 pg 468) writes that if the try is also used for leftover food then it’s a Kli Sh’Melachto LeHeter, but if it’s only used for ashes it’s a Kli Sh’Melachto LeIssur (and there’s what to rely on to consider it a Kli Sh’Melachto LeHeter if it’s empty).
  23. See ‘Electronics’
  24. Sefer Tiltulei Shabbat (pg 48,36 note 2) quotes Rav Moshe Feinstein as saying that candlesticks are Kli Sh’Melachto LeIssur even if has no permitted purpose it’s still considered a kli.
  25. Sh”t Igrot Moshe O”C 5:22(11), Shalmei Yehuda (pg 201)
  26. Shalmei Yehuda (pg 202) considers car keys to be Kli Sh’Melachto LeIssur, while Tikkunim UMiluim (pg 254) quotes Rav Shlomo Zalman Auerbach as saying it’s severe Muktzeh if the light will turn on if the door is opened.
  27. See ‘Electronics’
  28. See ‘Electronics’
  29. The Weekly Halacha Discussion (vol 2 pg 338)
  30. Tiltulei Shabbat (pg 47) writes that a spoon depends on the same criteria as does the pot and so a cooking spoon is Kli Sh’Melachto LeIssur.
  31. The Weekly Halacha Discussion (vol 2 pg 338)
  32. See ‘Electronics’
  33. S”A 308:51 writes perhaps a hourglass that works by sand granules falling is considered Kli Sh’Melachto LeIssur as it’s used to tell time which can be an issue of measuring time on Shabbat. So explains the Mishna Brurah 308:165-7. The Rama 308:51 comments that the minhag is to be strict on this issue. Therefore, Tiltulei Shabbat (pg 54) rules that an egg-timer is considered Kli Sh’Melachto LeIssur. Tiltulei Shabbat quotes the Meorei Esh by Rabbi Shlomo Zalman Auerbach who argues that nowadays when people are careful about not wasting a minute, the measuring of time shouldn’t be forbidden as it’s similar to a weekday activity. However, he concludes with the question unresolved. On the other hand, the Shalmei Yehuda (pg 97) writes that an egg-timer is Muktzeh Machmat Gufo as it has no purpose at all.
  34. The Weekly Halacha Discussion (vol 2 pg 338) considers it Kli Sh’Melachto LeIssur just like the Tiltulei Shabbat (pg 45) rules concerning a change purse.
  35. The Weekly Halacha Discussion (vol 2 pg 338) considers it’s Kli SheMelachto LeIssur. [This ruling is most similar to empty cooking pots that are never used for serving which according to all are considered Kli Sh’Melachto LeIssur.]
  36. Yalkut Yosef (Kitzur S”A 308:105) writes that according to all opinions the pot is considered Kli Sh’Melachto LeIssur. So holds Tiltulei Shabbat (pg 43 note 25(2)).
  37. Sh”t Igrot Moshe O”C 5:22(22), 3:49, Sh”t Az Nidbaru 8:33, Rabbi Ovadyah Yosef (Halichot Olam pg 194), and Rav Elyashiv (quoted by Shalmei Yehuda pg 37, 51), however Rav Shlomo Zalman Auerbach in Shalmei Yehuda (pg 51) doesn’t consider a fan Muktzeh at all. Shemirat Shabbat KeHilchata 13:35 permits moving the direction of the blades of the fan. Tiltulei Shabbat (pg 52) quotes Rav Moshe and Rav Shlomo Zalman who permit moving the fan’s direction even to move the breeze away from him. However, Sh”t Bear Moshe 8:31 holds that it’s only permissible to turn the fan blades if one is directing the air towards him, but to direct the blades away from him would be forbidden.
  38. Tiltulei Shabbat (pg 50)
  39. See ‘Electronics’
  40. Tiltulei Shabbat (pg 47)
  41. The Weekly Halacha Discussion (vol 2 pg 338)
  42. Tiltulei Shabbat (pg 47) quoting Kitzur S”A 88:5
  43. Tiltulei Shabbat (pg 47) quoting Kitzur S”A 88:5
  44. The Weekly Halacha Discussion (vol 2 pg 338)
  45. Tiltulei Shabbat (pg 54), see ‘egg-timer’
  46. See ‘Electronics’
  47. The Weekly Halacha Discussion (vol 2 pg 338)
  48. See ‘Electronics’
  49. S”A 308:11, Mishna Brurah 308:46, Tiltulei Shabbat (pg 47)
  50. Sh”t Igrot Moshe O”C 5:22(32), Rav Elyashiv in Shalmei Yehuda (pg 197), Yalkut Yosef (Shabbat vol 2 pg 405), Shemirat Shabbat KeHilchata pg 20:1
  51. The Weekly Halacha Discussion (vol 2 pg 338)
  52. Brit Olam (Kli Sh’Melachto LeIssur #4), Shalmei Yehuda (pg 98), Tiltulei Shabbat (pg 47), Minchat Shabbat 88:22(4), Yalkut Yosef (Shabbat Vol 2 pg 406)
  53. The Weekly Halacha Discussion (vol 2 pg 338)
  54. see ‘purse’
  55. Mishna Brurah 310:27 brings a dispute between the Magan Avraham who says that a change purse that’s designated for holding money is Muktzeh Machmat Chisaron Kis even if it’s now empty, while the Eliyah Rabba holds that as long as a person wouldn’t mind placing another object in the purse it’s only considered Kli Sh’Melachto LeIssur when empty. The Mishna Brurah and Sefer Tiltulei Shabbat (pg 45) side with the Eliyah Rabba.
  56. See ‘cooking pots’ where the guidelines are set. Tiltulei Shabbat (pg 46) writes that the status of each item must be determined individually.
  57. See ‘Electronics’
  58. Tiltulei Shabbat (pg 47), The Weekly Halacha Discussion (vol 2 pg 338)
  59. Tiltulei Shabbat (pg 49) includes postage scales, food scales, and bathroom scales in the category of Kli Sh’Melachto LeIssur since it’s forbidden to weigh an object on Shabbat. So writes the Weekly Halacha Discussion (vol 2 pg 338).
  60. Sefer Tiltulei Shabbat (pg 29)
  61. Tiltulei Shabbat (pg 49), The Weekly Halacha Discussion (vol 2 pg 338)
  62. Sefer Tiltulei Shabbat (pg 24) considers it keli sh’melachto le’issur since it’s a game which involves writing down the score.
  63. The Weekly Halacha Discussion (vol 2 pg 338)
  64. The Weekly Halacha Discussion (vol 2 pg 338)
  65. The Weekly Halacha Discussion (vol 2 pg 338)
  66. Tiltulei Shabbat (pg 47) quoting Kitzur S”A 88:5
  67. Sh”t Igrot Moshe O”C 5:22(19)
  68. Tiltulei Shabbat (pg 54) see ‘egg-timer’
  69. Tiltulei Shabbat (pg 48)
  70. See ‘Electronics’
  71. Shemirat Shabbat KeHilchata (20:17, pg 239)
  72. Shemirat Shabbat KeHilchata 40:3, Tiltulei Shabbat (pg 49)
  73. See ‘Electronics’
  74. Sefer Tiltulei Shabbat (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use.
  75. See ‘Electronics’
  76. The Weekly Halacha Discussion (vol 2 pg 338)
  77. Tiltulei Shabbat (pg 48)