הלכות מוקצה

1. הלכות מוקצה Rabbi Rothman Stella K. Abraham High School for Girls

2. What is מוצקה? Definition - Muktza can be defined as an object set apart. In other words, in one’s mind, it is something that is set apart from being used.

3. What is not permitted to be done with a מוקצה object? חז''ל instituted that items that are muktza may not moved. They may, however, be touched.

4. Why did חז''ל create the איסור of moving מוקצה? To ensure we rest properly on Shabbat. If we were permitted to handle tools and other implements normally used for מלאכה, one might, while handling the tool, forget and inadvertently do מלאכה. There was always a portion of the Jewish population that were idle throughout the week, either retired, wealthy, vacationers, etc. and there had to be a way to distinguish Shabbat for them from the other days of the week. By limiting the number of items we can use on Shabbat, this was a גזרה that we should not violate הוצאה.

5. The Seven Categories of מוקצה כלי שמלאכתו לאיסור מוצקה מחמת חסרון כיס מוצקה מחמת גופו מוצקה מחמת איסור מוקצה מחמת מצוה נולד בסיס לדבר האסור

6. כלי שמלאכתו לאיסור.1

7. Definition Example: Hammer – the primary usage is to build, which is prohibited on Shabbat. However, a hammer has other permissible functions, like being used to crack open coconuts. A utensil of prohibited use – one which is used primarily for doing something that is prohibited on Shabbat.

8. Can it be moved? Yes – they can be moved לצורך גופו או מקומו. Because these items have some permissible usage, they are more lenient than the rest of the categories of muktza. לצורך גופו You can move it for one of its permissible functions and then you may return it to a convenient location. However, Poskim suggest this is only permitted if a comparable non-muktza item is not readily available. לצורך מקומו It may be moved if its place is needed. For example, if a hammer was left on a chair that is now needed to be sat on, he may remove the hammer. Similarly, if you want to get a book from the bookshelf and a hammer is in the way, you may move the hammer to reach the book. If the place will not be used, but you want to remove the muktza because it doesn’t look nice, this is not allowed.

9. However, it may be moved if: a) It will be needed later that Shabbat. b) If there is another legitimate צורך גופו או מקומו, it may be moved even if your main intent is to protect it Can it be moved just to protect it from being damaged? מחמה לצל Generally, one is not permitted to move this type of item just to protect or preserve it. Example You can not move it from outside to inside if it is going to rain.

10. How do we determine if a utensil is a כלי שמלאכתו לאיסור or כלי שמלאכתו להיתר? This is determined by the utensil’s primary function and majority usage. New utensils, even if never used, if they are made for a prohibited usage, are considered כלי שמלאכתו לאיסור. Examples: a) a pot used primarily for cooking is a כלי שמלאכתו לאיסור b) A Pyrex pan that is used mostly for serving (a permitted use) and occasionally for cooking is NOT a כלי שמלאכתו לאיסור

11. Examples of כלי שמלאכתו לאיסור 1) Scales, rulers, tape measures 2) Fireplace accessories 3) Calculators, flashlights, cheap radio 4) Clock, fan 5) Scissors, nail clippers, nail file 6) שופר 7) Pens, pencils, markers, crayons, staplers, paper clips 8) Umbrella

12. 2. מוקצה מחמת חסרון כיס

13. Definition An item that the owner wishes to withhold from use due to concern of monetary loss. Examples: A doctor’s surgical knife, a shochet’s knife, a jeweler’s tools.

14. X Can it be moved? Unlike כלי שמלאכתו לאיסור which do have permitted uses, hence are not totally muktza and therefore may be moved לצורך גופו או מקומו, this category and the ones that follow are totally muktza and may not be moved on Shabbat. Later we will discuss indirect ways of moving these items for cases of extreme need.

15. How do we determine if it is מוקצה מחמת חסרון כיס? a) Generally they are expensive items, where based on the owner’s financial status and attitude he withholds them from use for fear of a financial loss. Example – Expensive cameras, Ipods, etc.

16. How do we determine if it is מוקצה מחמת חסרון כיס? b) Generally they are kept in a designated place so as not to be damaged. Example: Drivers license, checks, sales receipts, or other important papers. Similarly, clothing that was bought and you decided to return it. Since it has to be returned in good condition, the owner withholds them from use so they not be damaged.

17. How do we determine if it is מוקצה מחמת חסרון כיס? c) The item would not be used for any other function for fear of financial loss. Example: Shochet’s knife – he would never use it to cut anything else.

18. 3. מוקצה מחמת גופו

19. Definition Things that are inherently, by their very nature unprepared for Shabbat. These items have no prepared use and are functionless. Examples: Rocks, sticks, twigs, sand.

20. X Can it be moved? NO – These items are totally muktza and may not be moved even לצורך גופו או מקומו. In cases of extreme need, we will soon discuss indirect ways to move these items. The only איסור is to move the items. Sitting on these items is permitted. So sitting on a big rock or log is permissible on Shabbat.

21. Designating these items for use It is possible to designate these items for use before Shabbat and in that way they now have a use and are not considered muktza. This can be done in one of the following ways: 1) Do something to physically alter the item. Example: Drill a hole in coin in order to make it into jewelry. 2) Permanently designate it for use. Example: You decidethat a rock will be used as a door-stop for the back door. This can be done mentally and does not have to actually be verbalized.

22. Matches, unlit candles, bars of soap, and deodorant sticks, non-Shabbat approved cosmetics???? Which category of muktza do these items belong to? מחלוקת!! There is a מחלקת whether these are considered מוקצה מחמת גופו or כלים שמלאכתו לאיסור. Therefore, it is best not to move them לצורך גופו או מקומו. If it is vital to be moved, resort to the indirect methods of movement we will discuss later.

23. Broken Items Generally speaking when a utensil breaks it is considered מוקצה מחמת גופו, since it no longer have a use. If the broken item may cause injury if left alone, it may be moved.

24. 3 Categories of Broken Utensils 1) The pieces are unusable – these are מוקצה מחמת גופו Examples: Doors, cabinets, furniture, broken dishes (more than a chip), eyeglasses which break and become totally unusable. 2) The pieces are usable as before – these items are obviously not muktza. 3) The pieces are usable, but not for the same use as before – these items are also not muktza.

25. Food items Food items that are not edible in their current state are muktza. Examples: A box of uncooked pasta or rice, flour, yeast, cake mixes, un-popped popcorn, and not ready to eat frozen food. Even vegetables that cannot be eaten raw are muktza (i.e. raw potatoes)

26. Garbage Cans Garbage cans may have items inside them which are muktza. Therefore, unless it is omitting as foul odor, it is best not to remove the garbage can on Shabbat.

27. Animals All live animals being neither food items or utensils, are muktza. They are functionless as it is forbidden to slaughter them, ride on them, or use them in any way. Therefore, they are considered מוקצה מחמת גופו. When taking a pet for a walk, care must be taken to let it move on its own. While you can pull on it, you must be careful not to pick it up.

28. 4. מוקצה מחמת איסור

29. Definition Examples: Clothing made of shatnez, produce from Israel which has not had the proper trumah and maasros removed, chometz on Pesach, non-kosher food, fruits that fell from the tree on Shabbat. Any item which cannot be used due to an איסור is מוקצה מחמת איסור.

30. What is the difference between מוקצה מחמת איסור and a כלי שמלאכתו לאיסור? A כלי שמלאכתו לאיסור may be used during the week, and is, thus considered halachically a utensil, and therefore, can be moved לצורך גופו או מקומו. However, something which is מוקצה מחמת איסור is prohibited all of the time, even during the week. It is thus halachically functionless and is therefore not considered a utensil at all. Hence it is totally muktza.

31. 5. מוקצה מחמת מצוה

32. General Prohibition Against Using Mitzvah Items for non-Mitzvah Use The Torah requires proper conduct both towards a mitzvah, and towards objects used to perform a mitzvah. Objects used for the performance of a mitzvah may not be used for a non-mitzvah use. The איסור is to use, not to move.

33. Additional Muktza Prohibition on Shabbat Since one is not allowed to use them for non-mitzvah purposes, they have no other function and are thus muktza and may not even be moved. However, this assumes that the item has no other permitted use, if it does it is not muktza.

34. Examples a) Examples that are muktza: Sukkah decorations, walls, and schach, lulav, hadasim, aravos. b) Examples that are not muktza: Esrog – although eating an esrog is prohibited until after sukkos, it is permitted to smell an esrog. Therefore it is not muktza.

35. 6. נולד

36. Definition נולד refers to items, born, made, or otherwise come into being on Shabbat. Since muktza is determined based on an items use when Shabbat began, these items are by definition not prepared. Examples: 1) Milk which was milked on Shabbat. 2) Eggs that were laid on Shabbat 3) Snow – מחלקת – Rav Moshe says it is muktza as nolad, Rav S.Z. Auerbach says it is not.

37. 7. בסיס לדבר אסור

38. Definition Example: Money placed on a dish. Since the dish is supporting the money, which is muktza, the dish becomes muktza under the conditions we will set forth. A non-muktza item that is supporting a muktza item.

39. 3 Conditions That Must be Present for the Item To Become a בסיס 1) The muktza has to be intentionally placed on the בסיס. ● If it fell on the בסיס or was placed there with the intention of being removed before Shabbat and the owner forgot it = not a בסיס ● Chance placement = unintentional. It was stored there because of lack of space. 2) The muktza must be placed on the בסיס BEFORE Shabbat, not on Shabbat. If it was placed there on Shabbat, the supporting item can be moved. 3) The item’s owner has to be the one to place the muktza on the supporting item. (or with his permission).

40. Other Rules of בסיס 1) There is בסיס לבסיס – all items under the muktza are בסיס 2) There is a מחלקת if בסיס applies to a כלי שמלאכתו לאיסור. Of course, even according to the strict opinion, the supporting item can only take on the status of a כלי שמלאכתו לאיסור. 3) Insignificant and unimportant muktza items do not make a בסיס ● If both the muktza and non-muktza items are on the supportingitem, you have to determine which is more valuable and/or important to the owner. ● If the owner doesn’t intend on using either item on Shabbat, the more expensive item determines the בסיס status. ● If the item is needed on Shabbat, it is the more important one ● Some Poskim say a sefer is always more important

41. Example If a muktza item is left in a desk drawer, the drawer becomes a בסיס and the desk becomes a בסיס to the drawer. Thus the drawer may not be opened or closed and the desk may not be moved.

42. How to move the supporting item if it IS NOT a בסיס? ● Generally speaking, tilting the muktza off the supporting item is the best method. ● Under the following conditions, you can move it normally and not tilt it off: 1) If the adjacent space is needed 2) If tilting will cause damage to the adjacent utensils. 3) If tilting will damage the muktza

43. How can you move muktza items? We are now discussing non-כלי שמלאכתו לאיסור, Because we already learned that a כלי שמלאכתו לאיסור can be moved לצורך גופו או מקומו

44. Indirect Movement Direct movement is when one moves or carries the muktza by touching it with his hands. Indirect movement is when you carry a muktza item through some other object without actually touching the muktza itself directly. In certain cases, Chazal permitted indirect movement of muktza.

45. טלטול מן הצדטלטול בגופו

46. טלטול מן הצד לצורך דבר המותר Using a non-muktza item to indirectly move the muktza. Example: Pushing the muktza with a stick, moving the item that the muktza rests on.

47. Conditions a) This is only permitted when you are moving it for the sake of the non-muktza, but it is not permitted when being moved for the muktza item. Example: אסור Money is left on a chair (non-bosis situation) and you want to move the chair into a safe place where no one will take the money.

48. Conditions b) This is also permitted to obtain the use of the non-muktza’s place. Example: 1) Shells left on the table may be removed by picking up the tablecloth and shaking the shells into the garbage, and the purpose is to obtain that space. 2) Similarly, you can brush the muktza off the table with a knife or napkin.

49. טלטול בגופו Moving the muktza with one’s body. Moving it with one’s elbow, head, teeth, knee, foot, etc.

50. לצורך דבר האסור (מוקצה) According to many Poskim, this is permitted even for the sake of the muktza item. However, since there is a stricter dissenting opinion that does not permit טלטול בגופו when it is for the sake of the muktza item, one should only do this when absolutely necessary. Example: If your wallet is out and you want to move it so it is not taken, it is permitted to use your elbow to knock it to the floor and then kick it to the side.