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Non-muktzeh Items: Difference between revisions

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# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all.<Ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1; S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.) Shitah Lran 123b s.v. mah li and 126b s.v. ki are lenient to move a kli shemelachto lheter for no purpose. Ran meyuchas Lritva 123b and Ritva 123b forbid it.<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all.<Ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1; S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.) Shitah Lran 123b s.v. mah li and 126b s.v. ki are lenient to move a kli shemelachto lheter for no purpose. Ran meyuchas Lritva 123b and Ritva 123b forbid it.<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> Shulchan Aruch O.C. 308:4, Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> Shulchan Aruch O.C. 308:4, Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15 writes that moving a kli shemelachto lheter for pleasure is permitted since that is considered a use. Also, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Ben Ish Chai Miketz n. 1 writes that one should move silverware on the table from place to place for no reason just because someone’s hands are fidgety. Also, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref> Additionally, many permit it to help them with nervousness.<ref>Rav Nevinsal in Byitzchak Yikareh 308:4 quoting Rav Shlomo Zalman Auerbach</ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15 writes that moving a kli shemelachto lheter for pleasure is permitted since that is considered a use. Also, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. Yalkut Yosef Shabbat 5773 v. 4 p. 229 agrees with Aruch Hashulchan. See also Avnei Nezer OC 403. However, Ben Ish Chai Miketz n. 1 writes that one should move silverware on the table from place to place for no reason just because someone’s hands are fidgety. Also, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref> Additionally, many permit it to help them with nervousness.<ref>Rav Nevinsal in Byitzchak Yikareh 308:4 quoting Rav Shlomo Zalman Auerbach</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It is permitted to move a Kli Shemelachto Lheter so that you can use it later that Shabbat, however, it is forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]). <ref>Taz 308:2, Mishna Brurah 308:21 </ref>
# It is permitted to move a Kli Shemelachto Lheter so that you can use it later that Shabbat, however, it is forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]). <ref>Taz 308:2, Mishna Brurah 308:21 </ref>