Muktzeh Machmat Chisaron Kis: Difference between revisions

From Halachipedia
m (Text replacement - "Shemirat Shabbat" to "Shemirat Shabbat")
Line 7: Line 7:
==Muktzeh Machmat Chisaron Kis==
==Muktzeh Machmat Chisaron Kis==
===Definition===
===Definition===
# Regarding merchandise that can be sold, if the owner<ref>Machasit Hashekel 308:2, Pri Megdim E”A 308:2, Levushei Sarad 308:2 all understand that it depends on the individual and not the place. Mishna Brurah 308:6 codifies these opinions that it depends on the owner exclusively. However, Shulchan Aruch Harav 308:6 implies that it depends on the place and if in that place they are makpid it is mutzeh machmat chisaron kis and if not not. It depends on the place. Harchev Daat Muktzeh 1 p. 401 points out this dispute.</ref> is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not [[Muktzeh]]. <Ref>The Bet Yosef 308:1 asks how the Rambam could write that merchandise is Muktzeh Machmat Chisaron Kis if the Gemara [[Shabbat]] 19b implies that it isn't [[Muktzeh]] according to Rabbi Shimon and he concludes that if the owner is concerned about using it then it is Muktzeh Machmat Chisaron Kis, but if he isn't concerned it isn't [[Muktzeh]]. Rama 308:1 and Mishna Brurah 308:7 codify this as halacha. Chazon Ish 42:16 clarifies that merchandise can be Muktzeh Machmat Chisaron Kis even if the item is otherwise a [[Kli SheMelachto LeHeter]]. Shulchan Aruch HaRav 308:4 and Shemirat [[Shabbat]] KeHilchata 20:21 agree.</ref>
# Regarding merchandise that can be sold, if the owner<ref>Machasit Hashekel 308:2, Pri Megdim E”A 308:2, Levushei Sarad 308:2 all understand that it depends on the individual and not the place. Mishna Brurah 308:6 codifies these opinions that it depends on the owner exclusively. However, Shulchan Aruch Harav 308:6 implies that it depends on the place and if in that place they are makpid it is mutzeh machmat chisaron kis and if not not. It depends on the place. Harchev Daat Muktzeh 1 p. 401 points out this dispute.</ref> is particular not to use it, it’s Muktzeh Machmat Chisaron Kis, however, if the owner isn’t concerned that it’ll get ruined, it’s not [[Muktzeh]]. <Ref>The Bet Yosef 308:1 asks how the Rambam could write that merchandise is Muktzeh Machmat Chisaron Kis if the Gemara [[Shabbat]] 19b implies that it isn't [[Muktzeh]] according to Rabbi Shimon and he concludes that if the owner is concerned about using it then it is Muktzeh Machmat Chisaron Kis, but if he isn't concerned it isn't [[Muktzeh]]. Rama 308:1 and Mishna Brurah 308:7 codify this as halacha. Chazon Ish 42:16 clarifies that merchandise can be Muktzeh Machmat Chisaron Kis even if the item is otherwise a [[Kli SheMelachto LeHeter]]. Shulchan Aruch HaRav 308:4 and Shemirat Shabbat KeHilchata 20:21 agree.</ref>
# Food merchandise according to some poskim isn't considered muktzeh machmat chisaron kis.<ref>Rav Nevinsal in Byitzchak Yikreh 308:1</ref>
# Food merchandise according to some poskim isn't considered muktzeh machmat chisaron kis.<ref>Rav Nevinsal in Byitzchak Yikreh 308:1</ref>
# Some say that Muktza Machmat Chisaron Kis only applies to vessels that are already Kli SheMelachto LeIssur but not to vessels that are [[Kli SheMelachto LeHeter]].<reF>Shulchan Aruch HaRav 308:4, Yalkut Yosef (vol 2, pp. 328-332)
# Some say that Muktza Machmat Chisaron Kis only applies to vessels that are already Kli SheMelachto LeIssur but not to vessels that are [[Kli SheMelachto LeHeter]].<reF>Shulchan Aruch HaRav 308:4, Yalkut Yosef (vol 2, pp. 328-332)
Line 26: Line 26:
===Examples===
===Examples===
# A golden cigarette case is considered Muktzeh Machmat Chisaron Kis. <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. </ref>
# A golden cigarette case is considered Muktzeh Machmat Chisaron Kis. <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. </ref>
# A [[shofar]] is considered Muktzeh Machmat Chisaron Kis unless one is not concerned about using it for other uses. <Ref>Rama 308:4, Mishna Brurah 308:25 write that a shofer is [[Kli Sh’Melachto LeIssur]] but Shalmei Yehuda (pg 32) quoting Rav Elyashiv and Shemirat [[Shabbat]] KeHilchata (pg 361) quoting Rav Shlomo Zalman Auerbach note that for most people the [[shofar]] is expensive and wouldn’t be used for anything else and so should be Muktzeh Machmat Chisaron Kis. </ref>
# A [[shofar]] is considered Muktzeh Machmat Chisaron Kis unless one is not concerned about using it for other uses. <Ref>Rama 308:4, Mishna Brurah 308:25 write that a shofer is [[Kli Sh’Melachto LeIssur]] but Shalmei Yehuda (pg 32) quoting Rav Elyashiv and Shemirat Shabbat KeHilchata (pg 361) quoting Rav Shlomo Zalman Auerbach note that for most people the [[shofar]] is expensive and wouldn’t be used for anything else and so should be Muktzeh Machmat Chisaron Kis. </ref>
# Some poskim consider [[Pesach]] dishes that one wouldn’t use during the year as Muktzeh Machmat Chisaron Kis, while others hold that they are not [[Muktzeh]]. <ref>Shemirat [[Shabbat]] Kehilchata 20:22 writes that [[Pesach]] dishes that a person is careful not to use during the year even if a need came up are considered Muktzeh Machmat Chisaron Kis. Rav Hershel Schachter (“Hilchos Muktze,” min 27-30) argues that they aren’t [[Muktzeh]] since they are perfectly useable utensils, whose primary purpose is permitted. He reasoned that even though the owner didn’t plan on using them on [[Shabbat]], according to Rabbi Shimon, they aren’t [[Muktzeh]]. Chut Shani (vol 3, p. 88) agrees. </ref>
# Some poskim consider [[Pesach]] dishes that one wouldn’t use during the year as Muktzeh Machmat Chisaron Kis, while others hold that they are not [[Muktzeh]]. <ref>Shemirat Shabbat Kehilchata 20:22 writes that [[Pesach]] dishes that a person is careful not to use during the year even if a need came up are considered Muktzeh Machmat Chisaron Kis. Rav Hershel Schachter (“Hilchos Muktze,” min 27-30) argues that they aren’t [[Muktzeh]] since they are perfectly useable utensils, whose primary purpose is permitted. He reasoned that even though the owner didn’t plan on using them on [[Shabbat]], according to Rabbi Shimon, they aren’t [[Muktzeh]]. Chut Shani (vol 3, p. 88) agrees. </ref>
# A credit card<ref>Shemirat Shabbat Khilchata 20:20 writes that credit cards are muktzeh machmat chisaron kis. Orchot Shabbat 19:95 and [https://ph.yhb.org.il/en/01-23-04/ Peninei Halacha Shabbat 23:4 (v. 2 p. 158)] agree. [https://torah.org/torah-portion/weekly-halacha-5771-behar/ Rabbi Neustadt] wrote that it is completely muktzeh machmat gufo like money since it has no use.[https://ohr.edu/ask_db/ask_main.php/190/Q6/ A rabbi from Ohr Same'ach] agreed.</ref>, business documents, checks, securities, tax exempt documents, bills of money, bus or subway cards are all Muktzeh Machmat Chison Kis.<ref>Shemirat Shabbat Kehilchata 20:20. Chut Shani v. 3 p. 111 writes that bus cards are completely muktzeh. He isn't sure whether a magnetic identity card used in a hospital or the like is considered a kli shemelachto lisur or muktzeh machmat gufo. He discusses whether it is a kli since it has a use albeit forbidden or perhaps since it isn't used in it of itself it is like money which is muktzeh machmat gufo. He concludes that we should be strict.</ref>
# A credit card<ref>Shemirat Shabbat Khilchata 20:20 writes that credit cards are muktzeh machmat chisaron kis. Orchot Shabbat 19:95 and [https://ph.yhb.org.il/en/01-23-04/ Peninei Halacha Shabbat 23:4 (v. 2 p. 158)] agree. [https://torah.org/torah-portion/weekly-halacha-5771-behar/ Rabbi Neustadt] wrote that it is completely muktzeh machmat gufo like money since it has no use.[https://ohr.edu/ask_db/ask_main.php/190/Q6/ A rabbi from Ohr Same'ach] agreed.</ref>, business documents, checks, securities, tax exempt documents, bills of money, bus or subway cards are all Muktzeh Machmat Chison Kis.<ref>Shemirat Shabbat Kehilchata 20:20. Chut Shani v. 3 p. 111 writes that bus cards are completely muktzeh. He isn't sure whether a magnetic identity card used in a hospital or the like is considered a kli shemelachto lisur or muktzeh machmat gufo. He discusses whether it is a kli since it has a use albeit forbidden or perhaps since it isn't used in it of itself it is like money which is muktzeh machmat gufo. He concludes that we should be strict.</ref>
# Matzah Mitzvah on Erev Pesach when Pesach falls out on Shabbat is muktzeh machmat chisaron kis.<ref>Pri Megadim E"A 308:10, 444:1, Shemirat Shabbat Kehilchata 20:23, Yalkut Yosef (Erev Pesach Shechal Bshabbat n. 13). [https://www.yutorah.org/lectures/lecture.cfm/867644/rabbi-hershel-schachter/kollel-chaburah-on-beitzah-muktzeh-machmat-chisaron-kis-(11a)/ Rav Schachter (towards the end)] questioned this for the night of Shabbat since some permit eating it then.</ref>
# Matzah Mitzvah on Erev Pesach when Pesach falls out on Shabbat is muktzeh machmat chisaron kis.<ref>Pri Megadim E"A 308:10, 444:1, Shemirat Shabbat Kehilchata 20:23, Yalkut Yosef (Erev Pesach Shechal Bshabbat n. 13). [https://www.yutorah.org/lectures/lecture.cfm/867644/rabbi-hershel-schachter/kollel-chaburah-on-beitzah-muktzeh-machmat-chisaron-kis-(11a)/ Rav Schachter (towards the end)] questioned this for the night of Shabbat since some permit eating it then.</ref>
Line 37: Line 37:


==Papers==
==Papers==
# Business letters, building plans, account documents, passports, and identification certificates are [[Muktzeh]]. <Ref>Shemirat [[Shabbat]] KeHilchata 28:6 </ref>
# Business letters, building plans, account documents, passports, and identification certificates are [[Muktzeh]]. <Ref>Shemirat Shabbat KeHilchata 28:6 </ref>
# A loose leaf binder that contains commercial documents, building plans, account documents, passports, or identity certificates is considered [[Muktzeh]] and shouldn’t be moved. <Ref>Shemirat [[Shabbat]] KeHilchata 28:9 </ref>
# A loose leaf binder that contains commercial documents, building plans, account documents, passports, or identity certificates is considered [[Muktzeh]] and shouldn’t be moved. <Ref>Shemirat Shabbat KeHilchata 28:9 </ref>
# Some poskim say that blank paper is considered Muktzeh Machmat Chisaron Kis, while others only consider it a Kli SheMelachto LeIssur. <ref>* Mishna Brurah 308:3 writes that blank paper is Muktzeh Machmat Chisaron Kis. Rav Moshe Feinstein in Igrot Moshe 4:72 writes that this still applies today since no sensible person would waste a blank piece of paper that’s useable for writing. See Halachos of [[Muktzeh]] (p. 84) who quotes Rav Moshe Feinstein as saying that even paper that one isn’t concerned about wasting is still [[Muktzeh Machmat Gufo]] since it has no purpose.
# Some poskim say that blank paper is considered Muktzeh Machmat Chisaron Kis, while others only consider it a Kli SheMelachto LeIssur. <ref>* Mishna Brurah 308:3 writes that blank paper is Muktzeh Machmat Chisaron Kis. Rav Moshe Feinstein in Igrot Moshe 4:72 writes that this still applies today since no sensible person would waste a blank piece of paper that’s useable for writing. See Halachos of [[Muktzeh]] (p. 84) who quotes Rav Moshe Feinstein as saying that even paper that one isn’t concerned about wasting is still [[Muktzeh Machmat Gufo]] since it has no purpose.
* Rav Shlomo Zalman Auerbach (Meor HaShabbat v. 1 letter 10:3), however, says that a single piece of paper isn’t [[Muktzeh]] because people aren’t concerned about using it to clean something. Thus, Shemirat [[Shabbat]] Kehilchata 20:19 writes that only expensive stationary is Muktzeh Machmat Chisaron Kis, but regular paper is considered Kli SheMelachto LeIssur since it is designated for writing. Shevet Halevi 9:78 and Chazon Ovadia v. 3 agree.</ref>
* Rav Shlomo Zalman Auerbach (Meor HaShabbat v. 1 letter 10:3), however, says that a single piece of paper isn’t [[Muktzeh]] because people aren’t concerned about using it to clean something. Thus, Shemirat Shabbat Kehilchata 20:19 writes that only expensive stationary is Muktzeh Machmat Chisaron Kis, but regular paper is considered Kli SheMelachto LeIssur since it is designated for writing. Shevet Halevi 9:78 and Chazon Ovadia v. 3 agree.</ref>
# Blank pieces of paper are [[Muktzeh]]. Therefore, if a loose-leaf binder has pages with content together with blank pages, and the pages of content have some importance and one sometimes reads them, then, the binder is not [[Muktzeh]] and one may turn the blank pages in order to reach the pages of content. However, if the pages of content aren’t of importance and one doesn’t read them, then the binder as a whole is [[Muktzeh]] and should be moved. <Ref>Shemirat [[Shabbat]] KeHilchata 28:9. Chut Shani v. 3 p. 59 is lenient since  </ref>
# Blank pieces of paper are [[Muktzeh]]. Therefore, if a loose-leaf binder has pages with content together with blank pages, and the pages of content have some importance and one sometimes reads them, then, the binder is not [[Muktzeh]] and one may turn the blank pages in order to reach the pages of content. However, if the pages of content aren’t of importance and one doesn’t read them, then the binder as a whole is [[Muktzeh]] and should be moved. <Ref>Shemirat Shabbat KeHilchata 28:9. Chut Shani v. 3 p. 59 is lenient since  </ref>


==Disputed Items==
==Disputed Items==