HAKDAMA (INTRO.) THE REASONS FOR MUKTZA

The Rambam gives 3 reasons why the Torah enacted Muktza:

1) In order to make it more "Shabbosdik". Just as one should not speak or walk in the same way as during the week, so too, one should not move objects the same way.

2) If one is going to move a lot of objects (especially those types of objects which are used mainly to do things that are forbidden on Shabbos) one may come to do Malacha on Shabbos.

3) For those people who do not regularly do work during the week, they must refrain from moving things that they would move during the week in order that there should be some recognition of resting on Shabbos.

The Ravad argues, saying that it is an explicit Gemara, Shabbos 124b that the whole reason of Muktza is because you might carry outside on Shabbos. (The more you move, the more of a chance to carry out on Shabbos)

SEIF 1

The Mishna in Shabbos 123b that all utensil may be moved except for a big saw or the blade of a plow . This is called "Muktza Machmas Chisaron Kis" (because it will lead to a loss of money i.e. will get ruined)

Most Rishonim agree that its forbidden to move for any reason, even for those that are permitted for a utensil that is designed for forbidden use (See Seif 3.) The Gra brings a proof for this from a Gemara on 123a about weaving tools that people fix a place for them so they're muktza and can't be moved.

So we cannot move it for any reason.

THROWING IT TOGETHER WITH OTHER THINGS

The Mahril writes, that taking a Mila knife and throwing it with some other knives in the knife bin doesn't make it permitted to move. We do not say that by throwing it with the other knives you're showing that you don't care if its used for other uses. To move the whole bin would depend on whether the Muktza knife is more expensive than the combined worth of the other knives, then the bin becomes a base for the most expensive one and is prohibited to move.

UTENSILS THAT ARE PUT ASIDE TO SELL

If utensils are put aside to sell, the Magid Mishna says it depends if the owner is concerned whether it would get ruined. The Gra brings the Gemara on 49b. The Gemara there differentiates between skins of a tanner, that you can move in order to sit on (though it's set aside to sale) since they're not careful with them, since they won't get ruined. But boards of a craftsman are Muktza, since they're afraid that it will get warped.

SEIF 2

GIGANTIC UTENSILS

The Gemara in Eiruvin 102a says that a beam that required 10 people to move it and a gigantic mortar was allowed to be put by the door to lock it. This would seem, that no matter how big a utensil is, its still considered a utensil and is permitted to move it on Shabbos

Tosfos asks there from a Gemara in Shabbos 35a where there is a Machlokes of the limits of the measurements of a closet that is too big to move on Shabbos. Rabbah permitted moving until 2 kur and R' Yosef until 3 (but L'Halacha he didn't allow Abaya to move more than 2 kur.) This seemingly suggests that there is a smaller measurement which takes it out of the definition of a utensil and thus forbids moving it on Shabbos.

Tosfos answers, that in Eiruvin, those big utensils where regularly moved, therefore it's size didn't affect it's status as a utensil and is permitted to move. In Shabbos, those utensils for the most part where stationary and wasn't made for moving, that's why it lost it's status of being a utensil.

But most Rishonim argue with this Tosfos and only bring down for Halacha the Gemara in Eiruvin. Tosfos there in Shabbos also writes that the Gemara is not the Halacha, because the Gemara in Eiruvin argues with it. He brings another proof that even Abaya didn't accept R' Yosef's decision because in 45b that allows moving a canopy bed, though he fixes a place for it and doesn't move it often. This proves that something doesn't come Muktza just because it's not the Derech to move it.

This is how we Paskin, as the MB 8 says even if its not usual to move it in the weekdays you're allowed to move it. The MB there deduces from this that only if it's only regularly that you don't move it. If you purposely make a point of not moving it, since it might brake, then it's prohibited to move.

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Rav chaim,
If I leave some change on the coffee table and my goy household help removes it during Shabbat hours, I still cannot move that coffee table, even though the muktza is no longer on the table. How does this fit into your treatise concerning huge logs and goods that would be for sale?
Avi

quote:

Originally posted by Avi d'Israeli:
Rav chaim,
If I leave some change on the coffee table and my goy household help removes it during Shabbat hours, I still cannot move that coffee table, even though the muktza is no longer on the table. How does this fit into your treatise concerning huge logs and goods that would be for sale?
Avi

You are talking about the principle of "Bassis", a base to a muktzeh item. Anyway, if you didn't mean to leave the money there over Shabbos, then you can move the table after it has been removed.

SEIF 3

UTENSILS WHO'S MAIN USE IS PROHIBITED ON SHABBOS

The Gemara in Shabbos 123b says that when Nechemya came up to Eretz Yisroel, he saw the Jews there didn't keep Shabbos. They were pressing grapes and gathering sheaves. This called for drastic measures to reinforce the obligation of keeping Shabbos, so he decreed that most utensils shouldn't be moved on Shabbos. Originally they only permitted moving a knife to cut a fig cake, a big spoon and a small table knife. Tosfos said these were besides regular table utensils like cups and plates.

When the Jews got more observant and they didn't need such a strong safeguard, they progressively permitted more and more. We Paskin like Rava that the end decree was for Kli Shemalachto L'Heter (utensil who's use is permitted on Shabbos) may be moved not only to use it (whether you need the actual utensil or you need the place that it was put on) but also in order to save the utensil (like to remove it from a sunny place into the shade.)

A Kli Shemalacto L'Issur (utensil who's use is prohibited on Shabbos) is only permitted to be moved if you need to use it (either itself for some permitted us, ex. a hammer to crack open nuts, or the use of it's place) but cannot be moved in order to save the utensil if it's in peril.

CATEGORY OF UTENSIL THAT IS PARTIALLY USED FOR A PERMITTED USE

The Pri Megadim brings from 123a that a pot is considered a utensil who's use is prohibited on Shabbos and thus is forbidden to move to save it (unless it has food in it.) Although it also has a function that it can be use to store food, since it's main use is to cook in, it has a status of a utensil who's use is prohibited on Shabbos. So this is a proof the status of the utensil depends what the primary use is.

The Biur Halacha says this can only be a proof to those utensils that is designed to do a forbidden act, but it sometimes used for other things. But a utensil that is designed for a duel purpose, one permitted and one prohibited, though the prohibited use is statistically used more, the Gemara about the pot is inconclusive to prohibit it.

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SEIF 3 (CONTINUED)

TOUCHING MUKTZA

The Mishna in 151a says that your not allowed to move even a limb of a dead person on Shabbos, yet you're allowed to wash it and rub oil on it. the Gra brings this as the proof to the Halacha that you may touch Muktza, as long as your careful not to move it.

HETER FOR MOVING A UTENSIL THAT USE IS FORBIDDEN ON SHABBOS IN ORDER TO SAVE IT.

The Magen Avraham brings the Yerushalmi that allows you to save the utensil if you find a use for it. in other words, if you can find nuts for the hammer to break, you may take it to break them, though your main intention is to save the hammer.

The Magen Avraham gives another proof from the Gemara 124b where Rava was trying to find a Heter for rav Mari b. Rachel to move his utensil that was not in a safe place. He tried finding a use for it, but R' Mari insisted that he doesn't need those things, until Rava announced that there is no Heter for him. So if they could have found a use, then they could have moved it for that use, though his main intent was to save it.

IF YOU CAN DO THE JOB WITHOUT THE UTENSIL

The Gemara in 123b brings a Braisa that when the Korbon Pesach was brought on Shabbos, they did not use poles to hang the animal on to flay it. Rather, they put their arms on each other's shoulder and drape the animal over their arms. Even though those poles could be moved to use them like any utensil which use is for forbidden acts, but since they could do the same thing by draping the animal over their arms, they couldn't bring the poles.

From here, the MB deduces, that if you have a utensil which use is for permitted acts that can do a job, you cannot move a utensil which use is for forbidden acts to do it instead.

[Rabbi's note: The Sharei Tzion learns that these poles where considered that they had permitted use (since for Korbonos you're allowed to flay on Shabbos) but you must say that it was according to Rabbah, and his Shita is that permitted utensils cannot be moved to save them. We don't Paskin like him, but like Rava that permits to save them. But we can deduce that the Halacha is the same by us by a forbidden utensil]

quote:

The Magen Avraham brings the Yerushalmi that allows you to save the utensil if you find a use for it. in other words, if you can find nuts for the hammer to break, you may take it to break them, though your main intention is to save the hammer.

First of all, thank you for starting this section. I'm very excited to have someone to talk to about the MB.

My question is, you may take is to break nuts, but must you go get the nuts and break them, or is it enough that you could just theoretically use it to break nuts?

quote:

My question is, you may take is to break nuts, but must you go get the nuts and break them, or is it enough that you could just theoretically use it to break nuts?

You'll need to actually crack the nuts (and eat them) so that could be said on the hammer that it really was taken to crack nuts. If you never cracked nuts, all you did was save it from braking, and it's not permissible to move it for that purpose.

quote:

You'll need to actually crack the nuts (and eat them)

Could someone allergic to nuts still save the hammer if they crack them to serve in case any non-allergic guests might come to eat them, and not eat them directly? I suppose otherwise they wouldn't even have nuts in the house.

Quote "Could someone allergic to nuts still save the hammer if they crack them to serve in case any non-allergic guests might come to eat them, and not eat them directly? "

I can hear both sides of the Shaila, and I don't have a definite proof for either way

SEIF 4

UTENSIL THAT'S MAIN USE IS PERMITTED

We already said that when they loosened the decree and allowed utensils to be moved, they permitted a utensil which main use is permitted on Shabbos, they allowed it for using the utensil itself, because you need the place or to save it.

The Ran deduces from here, since we started with an Issur, and they permitted the uses above, that only for those categories did they permit it. To move it for no reason never became permitted. So they have still on them the original decree not to move them.

The Taz says, this which people carry on them knives wherever they go, although they have no use bringing them to those locations, we must say that the Issur is only if you'll not use them that day at all. But if you're carrying them around, so when you eventually get to the location that you'll use it by. That is permitted, though you've been carrying to the other locations for no reason.

FOOD AND S'FARIM

Food and S'farim may be carried fro no reason at all. Since they were never under the original decree to prohibit carrying them, so there was no decree on them in the first place to say that some Issur remained. Only utensils that started with an Issur do we say what they never ended up permitting remains Ussur.

PLATES AND CUTLERY

We said before that Tosfos held that plates and cutlery were never under the original decree. Therefore they may be moved on Shabbos for no reason like food and S'farim. But the Rambam, who classifies them as a regular utensil that's use is permitted, seems to hold they were prohibited in the original decree, so therefore they never permit it to move it for no
reason.

SEIF 4 (CONTINUED)

MEGILA

We already stated that S'farim are allowed to be moved, even for no reason. A Megila cannot be read on Purim that falls out on Shabbos (which only falls out with our calendar for Shushan Purim.) The reason is because someone might carry it four Amos in a R'shus Harabim.

The Gemara in Gittin 60a says moving a Sefer on Shabbos is dependent on whether it could be read on Shabbos. (Thus a Sefer Haftorah (that from the Torah law shouldn't be written, it only permits complete S'farim.) But since the system wouldn't last, since they couldn't get complete S'farim for all the times it's needed. Because of Ais Lasos LaHashem (since for a very big need for Torah, we're allowed to forgo some of the rules of the Torah) they allowed to write and learn from
S'farim that only has part of the Sefer written in it. Since we're allowed to read it, we're allowed to move it on Shabbos.

The Pri Chadush deduces from here that a Megila cannot be moved on Shabbos (only like a prohibited utensil) since it cannot be read on Shabbos. The Elya Rabbah disagrees and so does the Machtzos Hashekel. The latter quotes a Gemara in Megila 4a that, though you cannot read it straight, but you may Darshen from it. Thus it is permitted to learn from it, so you're allowed to move it.

I understand about the seforim, but I got in a discussion with a friend of mine once about cookbooks. She was saying that because she enjoys reading cookbooks on a Shabbos afternoon, and the recipies are for Shabbos meals, that it's ok to read.

I told her that because she's not allowed to cook on Shabbos, that she should not be reading or moving cookbooks because it is having your mind engaged in "work", just as reading a car repair manual would be inappropriate even if you were a car buff, and you were reading the book for relaxation.

She said that she could sort of see my point, but that she didn't really "want" to see it, if you know what I mean. Do you think I interpereted the situation correctly?

Quote "I told her that because she's not allowed to cook on Shabbos, that she should not be reading or moving cookbooks because it is having your mind engaged in "work"

I couldn't think of any way why it should be prohibited to read. This is more a Shaila for Simon 307, what things could be read on Shabbos, and really it doesn't fall in any prohibited category. I felt that it's no worse than reading any secular useful knowledge like science that we Paskin like the Rashba that it's permitted to read on Shabbos. I then looked in Rabbi Simcha Bunim Cohn's book "The Shabbos home" and he also says the same thing.

Our shul rabbi once discussed newspapers and I believe I heard him say that for a regular person the newspaper could be read, but someone in the stock business should avoid reading the stock market listings section.

I say I believe because it was a very long time ago and I could well be quoting him wrongly.

How does this fit with these sections?

quote:

once discussed newspapers and I believe I heard him say that for a regular person the newspaper could be read, but someone in the stock business should avoid reading the stock market listings section.

I say I believe because it was a very long time ago and I could well be quoting him wrongly.

How does this fit with these sections?

In Mishna Brurah 307:63 says something like that (see over there) but it's not necessarily translate to our newspapers to all sections. (for instance you wouldn't be able to read the "movie" section etc. that would be under other headings, only the hard news.

SEIF 4 (CONTINUED)

TEFILLIN (PART 1)

The Beis Yosef brings the Sefer Mikadeh that says it's prohibited to move Tefillin on Shabbos. The reason is from the Gemara in Gitten 60a we brought in the last Shiur that forbids moving Sefarim that can't be read from on Shabbos. So too Tefillin should not be moved because they may not be put on during Shabbos. Even though in Beitza 15a says one may send Tefillin as a gift on Yom Tov, this is only because on Yom Tov there is an Inyon to send gifts on Yom Tov because it's part of Simchas Yom Tov, but on Shabbos this doesn't apply.

But the Mahari Ibn Chaviv permits moving the Tefillin on Shabbos. His first proof was the very fact that the Rosh writes at length Hilchas Muktza and doesn't mention that Tefillin can't be moved. Secondly, Tosfos and Rosh permits wearing Tefillin on Shabbos. It's just that there is no Mitzvah to, but if one wants to he may.

Thus the Rama says that it may be moved for a reason (like a utensil that for its use it is permitted, but for no reason, it can't be moved (not like other Sefarim).

The Taz asks on him, since the Shulchon Aruch in Simon 31 Paskins that it is prohibited to wear Tefillin on Shabbos like the Zohar. It's considered as disrespectful for Shabbos to wear something that's only supposed to be worn during the week, so wearing it, is showing that it's like a weekday. The Rama doesn't disagree with that, so presumably he agrees. Therefore if the whole reason to permit moving it, is because you're allowed to wear it on Shabbos like Tosfos, but he doesn't hold like Tosfos, but like the Zohar that forbids wearing it. Therefore Tefillin cannot be a utensil whose use is permitted on Shabbos.

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SEIF 4 (CONTINUED)

TEFILLIN (PART 2)

The Magen Avraham also asks, since we Paskin in Simon 31 that Tefillin shouldn't be worn on Shabbos, so then it should be a utensil whose its' use is forbidden on Shabbos.

Then he continues into the Sugya. The Gemara in Beitza 15a says that one may send Tefillin as a gift on Yom Tov. The Gemara in Shabbos 60a says that you are not allowed to send nailed sandals on Yom Tov. Though Tosfos in Beitza differentiates between Tefillin, that though there is no Mitzvah to wear them on Yom Tov, there is no prohibition to wear them, so therefore you can send them. Nailed sandals, because one is prohibited to wear them on Yom Tov (see the Gemara there in Shabbos that it caused a tragic trampling on Shabbos, so they decreed that they shouldn't be worn on Shabbos or Yom Tov as a commemoration) therefore, you can't send them as a gift. Thus Tosfos there holds that you can wear them on Shabbos.

But Tosfos in Shabbos says that from Tefillin you see that you're allowed to send even utensils that its' use is forbidden on Yom Tov. Sending as gifts are in the same category as moving them because you need to use them. Nailed sandals you can't send because it doesn't enhance the Simchas Yom Tov, since it reminds us of the tragedy. Thus we have a Machlokes in the two Tosfos if Tefillin is permitted to be worn on Shabbos or not.

SEIF 4 (CONTINUED)

Tefillin (PART 3)

The Bach brings the Gemara on 60a that you may not go out on Shabbos with Tefillin on, but if you do, you're exempt from bringing a Chatos. The Gemara explains that you can't go out with them, even according to the view that there is a Mitzvah of Tefillin on Shabbos, maybe he'll need to use the facilities, which he'll need to remove the Tefillin. When he comes out, he'll might take his Tefillin and carry it 4 Amos before he puts it on again.

But if he goes out he's exempt from a Korbon Chatos, even to the view that we're exempt from Tefillin on Shabbos, since one wears them on the weekdays, it's considered an ornament for him and it's not carrying. From this Gemara it would seem that both Halachos apply to how we Paskin that we are exempt from Tefillin on Shabbos. So that would imply that we just can't go out on Shabbos with Tefillin, but we're allowed to wear it in the house.

The Magen Avraham says, even if this was the case, it would still be called a utensil that is forbidden (since you cannot wear them outside. This we see from a Gemara on 46b which says that jewelry (which may not be worn outside on Shabbos, since you may remove it to show a friend and then walk 4 Amos before you put it back on) may be moved in a courtyard (Tosfos infers that it can't be worn there, that this Braisa holds like the Shita that all that can't be worn in a street can't be worn in the courtyard either) like all other utensils (Tosfos explains utensils whose work is forbidden.) Thus we see from Tosfos that things that you can't go out with has the status of a utensil whose use is for a prohibited act.

But the Magen Avraham rejects this proof saying that Tosfos is explaining like the Shita that it can't even be worn in a courtyard. But to the Shitos that hold that it may be worn in a courtyard, then it has more permissible uses on Shabbos and maybe considered that it's use is permitted on Shabbos.

SEIF 4 (CONTINUED)

SHOFAR

A Shofar is a utensil that its use is forbidden on Shabbos (the Torah excludes it, saying that it's more a skill than a Malacha, but since they need a Drasha to exclude it, they prohibited it Midarabanan).

The Alos Shabbos says trumpets are completely Muktzah, since it cannot be considered a utensil regarding Shabbos.

The Magen Avraham argues that we Paskin that it's considered a utensil. This is an explicit Gemara on 35b-36a. R' Yehuda (who is usually stringent regarding Muktzah) holds a Shofar may be moved but not a trumpet. Tosfos explains that, only a Shofar that has a regular use is permitted on Shabbos (which is, to use it as a funnel or give young children to drink. Since it's curved, it's easy to keep the liquid in until the child is ready to drink.) but a trumpet (which is straight and cannot be used like the Shofar to give a child to drink) there is no apparent permitted use for it on Shabbos, though you can find a use for it if you really want to. That, to R' Yehuda, is not enough to make it permitted to move on Shabbos.

But R' Shimon (who is more lenient in regards to Muktza, and basically , we follow his views regarding Muktza) says you may move both a Shofar and a trumpet. The very fact that you can find some use for it is enough of a reason to consider it a utensil for Shabbos, and thus can be moved if you need its place (even if there is no use for you to use the actual trumpet).

You cannot say that in this aspect we Paskin like R' Yehuda and to say that a trumpet is something that the owner cares not to use it for other uses, less it will become ruined. Since we Paskin such utensils are Muktza, so then the Halacha is like R' Yehuda.

This cannot be, since R' Shimon agrees to the concept of utensils, that the owner cares not to use it for other uses, less it will become ruined, it is completely Muktza. If this would be the case by trumpets, then R' Shimon would agree. So this proves that trumpets do not fall under that category.

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