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Kli SheMelachto LeIsser: Difference between revisions

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# 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. <Ref> S”A 308:3 </ref>
# 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. <Ref> S”A 308:3 </ref>
# Once the Kli Sh’Melachto LeIssur is in one’s hand, one may place it wherever he chooses. <Ref> Mishna Brurah 308:13, Tiltulei Shabbat (pg 234), Yalkut Yosef (Kitzur S”A 308:109) </ref>
# Once the Kli Sh’Melachto LeIssur is in one’s hand, one may place it wherever he chooses. <Ref> Mishna Brurah 308:13, Tiltulei Shabbat (pg 234), Yalkut Yosef (Kitzur S”A 308:109) </ref>
# If one has intent to pick up the object in order to move it for ‘need of the place’ or for the ‘need of the object’ it’s permissible to pick it up, even if one’s primary intent is really to protect the object from breaking or theft. <Ref>Mishna Brurah 308:16 </ref>
====for it’s permitted use====
====for it’s permitted use====
# 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. <Ref> 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. </ref>  
# 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. <Ref> 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. </ref>  
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# Many permit moving a Kli Sh’Melachto LeIssur by asking a non-Jew to move it. <Ref> 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. </ref>
# Many permit moving a Kli Sh’Melachto LeIssur by asking a non-Jew to move it. <Ref> 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. </ref>
# 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. <Ref> 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. </ref>
# 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. <Ref> 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. </ref>
===Examples===
===Examples===
* aquarium <ref> 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). </ref>
* aquarium <ref> 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). </ref>