Torah & Judaism For Today's World
Muktza Simon 308 part 7
SEIF 41
WALKING WITH A YOUNG CHILD
A woman is allowed to hold the hand of her child to help him walk in a R'Shus Harabim. As long as the child puts down one foot and lifts the other foot. It's prohibited to drag him with both feet down. The Ran says that a child that too young to walk, you're Chayiv if you drag him. We don't say that a human carries himself (live weight) by such a child. Rabeinu Yeruchim holds it's only a rabbinical Issur. The Magen Avraham says the Nafka Mina between them if it's permitted to drag him in a Karmilos. According to the Ran, since it's regular carrying, it's only one Gezaira of carrying in a Karmulos. According to Rabeinu Yeruchem, since the carrying is a Dirabanan and the place is a Dirabanan, it's a Gezaira for a Gezaira and it is permitted. The Magen Avraham Paskins like the Ran and prohibits in a Karmalos.
The Biur Halacha says that even Rabeinu Yeruchum would prohibit it in a Karmalos. Since this is carrying, it's under the general prohibition of carrying in a Karmalos, even though it's only a rabbinic carrying. A Gezaira for a Gezaira is only prohibited when the action has nothing to do with carrying, rather that it may come to carrying. Since it's only a Gezaira you'll come to carry in a Karmalos that's only a Gezaira that you'll come to carry in a R'Shus Harabim, the Rabanan weren't Goizer.
WALKING WITH A YOUNG CHILD
A woman is allowed to hold the hand of her child to help him walk in a R'Shus Harabim. As long as the child puts down one foot and lifts the other foot. It's prohibited to drag him with both feet down. The Ran says that a child that too young to walk, you're Chayiv if you drag him. We don't say that a human carries himself (live weight) by such a child. Rabeinu Yeruchim holds it's only a rabbinical Issur. The Magen Avraham says the Nafka Mina between them if it's permitted to drag him in a Karmilos. According to the Ran, since it's regular carrying, it's only one Gezaira of carrying in a Karmulos. According to Rabeinu Yeruchem, since the carrying is a Dirabanan and the place is a Dirabanan, it's a Gezaira for a Gezaira and it is permitted. The Magen Avraham Paskins like the Ran and prohibits in a Karmalos.
The Biur Halacha says that even Rabeinu Yeruchum would prohibit it in a Karmalos. Since this is carrying, it's under the general prohibition of carrying in a Karmalos, even though it's only a rabbinic carrying. A Gezaira for a Gezaira is only prohibited when the action has nothing to do with carrying, rather that it may come to carrying. Since it's only a Gezaira you'll come to carry in a Karmalos that's only a Gezaira that you'll come to carry in a R'Shus Harabim, the Rabanan weren't Goizer.
SEIF 41 (CONTINUED)
WALKING A CHILD IN R'SHUS HARABIM (CONTINUED)
The Elya Rabbah writes that the Machlokes between the Ran and R' Yeruchum (whether carrying a child too young to walk is Chayiv) is also a contradiction between Tosfosim. In Shabbos 94a Tosfos brings from 141b says carrying a child is Chayiv, while here by leading a child it implies even if you carry it you're exempt. Tosfos answers that you're only Chayiv if the child is too young (to walk themselves.) Yet, in 130b Tosfos says a child eight days old there is no Chiyuv for carrying him.
The Tosfos Shabbos, with the Girsa of the Mahrshal on 94a, says there is no contradiction between Tosfos. In 94, Tosfos is referring to a one day old child. Only a one day old do we say that your Chayiv for carrying. Since it just came out of the mother with a lot of contractions, we consider it as sickly, since it could have smashed some of his limbs on the way out. For this reason we don't allow Shechting on Yom Tov a one day old (even if we know that it lasted the whole gestation period and is not a Nefel) since it might have made it a Treifa through smashing its limbs. All agree by sick people (or those that are tied up) that carrying them are Chayiv, since it's hard for them to move themselves. The Mishna Brurah, however, concludes that most Shitos hold that you're Chayiv by carrying out a child that can't walk himself.
CARRYING A LIVE PERSON
The Magen Avraham says that the Halacha that the living carry themselves, that's only for themselves (Tosfos Shabbos says also for their clothing they're exempt, since they're Batul (secondary) to the person.) But if he has a pocketbook draped on him, he's Chayiv for the pocketbook, since it's not Batul to the person.
If someone carries out a dead person, he's exempt for everything. For the dead body you're exempt, since it's Malacha She'ein Tzricha L'Gufo. (You don't need the dead body, but rather you want to remove it from yourself.) For the pocketbook you're also exempt, since at the time of sorrow it has no value to you and you Mivatel it to the dead body.
WALKING A CHILD IN R'SHUS HARABIM (CONTINUED)
The Elya Rabbah writes that the Machlokes between the Ran and R' Yeruchum (whether carrying a child too young to walk is Chayiv) is also a contradiction between Tosfosim. In Shabbos 94a Tosfos brings from 141b says carrying a child is Chayiv, while here by leading a child it implies even if you carry it you're exempt. Tosfos answers that you're only Chayiv if the child is too young (to walk themselves.) Yet, in 130b Tosfos says a child eight days old there is no Chiyuv for carrying him.
The Tosfos Shabbos, with the Girsa of the Mahrshal on 94a, says there is no contradiction between Tosfos. In 94, Tosfos is referring to a one day old child. Only a one day old do we say that your Chayiv for carrying. Since it just came out of the mother with a lot of contractions, we consider it as sickly, since it could have smashed some of his limbs on the way out. For this reason we don't allow Shechting on Yom Tov a one day old (even if we know that it lasted the whole gestation period and is not a Nefel) since it might have made it a Treifa through smashing its limbs. All agree by sick people (or those that are tied up) that carrying them are Chayiv, since it's hard for them to move themselves. The Mishna Brurah, however, concludes that most Shitos hold that you're Chayiv by carrying out a child that can't walk himself.
CARRYING A LIVE PERSON
The Magen Avraham says that the Halacha that the living carry themselves, that's only for themselves (Tosfos Shabbos says also for their clothing they're exempt, since they're Batul (secondary) to the person.) But if he has a pocketbook draped on him, he's Chayiv for the pocketbook, since it's not Batul to the person.
If someone carries out a dead person, he's exempt for everything. For the dead body you're exempt, since it's Malacha She'ein Tzricha L'Gufo. (You don't need the dead body, but rather you want to remove it from yourself.) For the pocketbook you're also exempt, since at the time of sorrow it has no value to you and you Mivatel it to the dead body.
SEIF 42 AND 43
TOUCHING MUKTZA
Mordichai says in the name of the Maharam that it's permitted to touch Muktza. The Ran says but you may not move even part of an object that is Muktza. This we learn from the Halacha of not moving any limbs of a dead body.
Mahrit allows blowing Muktza. This is akin to moving Muktza with some other part of your body besides your hands.
SEIF 44
BRAKING OFF A PIECE OF A BROKEN VESSEL
Rambam prohibits breaking off a shard off a broken vessel to use it to cover another vessel. Tosfos Shabbos explains that this is the Malacha of making a utensil, since you now formed a bottle cover.
TOUCHING MUKTZA
Mordichai says in the name of the Maharam that it's permitted to touch Muktza. The Ran says but you may not move even part of an object that is Muktza. This we learn from the Halacha of not moving any limbs of a dead body.
Mahrit allows blowing Muktza. This is akin to moving Muktza with some other part of your body besides your hands.
SEIF 44
BRAKING OFF A PIECE OF A BROKEN VESSEL
Rambam prohibits breaking off a shard off a broken vessel to use it to cover another vessel. Tosfos Shabbos explains that this is the Malacha of making a utensil, since you now formed a bottle cover.
SEIF 45
BALLS
The Shevulei HaLeket prohibits moving balls, since they're not usable to cover utensils. The Bais Yosef explains that it becomes too dirty from the dirt and mud that it rolls around in. The Tosfos Shabbos explains that if it wouldn't be too dirty, then people would have a dual purpose for it, playing ball and using it to cover utensils and to play ball. Since it's dirty and not designated to cover utensils, its only use is to play ball.
The Magen Avraham explains this Shita that we do not consider playing as a real use and therefore cannot be classified as a utensil so it's Muktza. It's like stones that we say in Seif 21 that it doesn't help to designate it for use for one Shabbos. The Elya Rabbah says that the implication of the Shevulei HaLeket is, that a ball is a utensil. He just holds that moving it for play is considered frivolous enough to consider it as moving for no reason, which is prohibited even for a Kli Shemalachto LeHeter (a utensil which its main use is permitted on Shabbos.)
BALLS
The Shevulei HaLeket prohibits moving balls, since they're not usable to cover utensils. The Bais Yosef explains that it becomes too dirty from the dirt and mud that it rolls around in. The Tosfos Shabbos explains that if it wouldn't be too dirty, then people would have a dual purpose for it, playing ball and using it to cover utensils and to play ball. Since it's dirty and not designated to cover utensils, its only use is to play ball.
The Magen Avraham explains this Shita that we do not consider playing as a real use and therefore cannot be classified as a utensil so it's Muktza. It's like stones that we say in Seif 21 that it doesn't help to designate it for use for one Shabbos. The Elya Rabbah says that the implication of the Shevulei HaLeket is, that a ball is a utensil. He just holds that moving it for play is considered frivolous enough to consider it as moving for no reason, which is prohibited even for a Kli Shemalachto LeHeter (a utensil which its main use is permitted on Shabbos.)
SEIF 45 (CONTINUED)
BALLS (CONTINUED)
Tosfos permits playing with a ball on Tom Tov. He considers it as part of the leisure time of Yom Tov. This would seem to argue with the Shevulei HaLeket that holds that a ball is Muktza. The Shach says the reason for Tosfos, as Tosfos says specifically, is the Heter of Mitoch. On Yom Tov we have a Heter, that since we allow certain actions for preparation for food we allow it also for other uses. Playing ball is considered somewhat of a use to allow moving it on Yom Tov, but on Shabbos it's unequivocally prohibited. The Magen Avraham argues and says that Tosfos is not giving the Heter of Muktza of Mitoch. Tosfos is just saying the Heter of carrying the ball in R'shus Harabim is because of Mitoch. We never permit Muktza because of Mitoch. On the contrary, Muktza is more stringent on Yom Tov than on Shabbos.
But the Yam Shel Shlomo that it's not part of what the Torah gave us for leisurely pleasure on Yom Tov. Tosfos was only trying to find some justification to those that carry a ball on Yom Tov. Therefore they're saying, that according to the misconception that ball playing is part of the leisure activities on Yom Tov, then it would be permitted to carry. In reality though, all it is is small children play and frivolity. The Yerushalmi says that the King's Mount was destroyed from the sin of playing ball on Shabbos. Therefore the Shulchon Orech Paskins that balls are Muktza.
The Rama permits moving and playing ball on Shabbos. The Gra explains the Yerushalmi according to the Rama it's referring to the sin of playing ball in a R'Shus Harabim. This the Rama prohibits even within four Amos since it's very probable that it would roll out of the four Amos. The Magen Avraham says that this is only permitted if you're not playing on the floor. But rolling on the floor is prohibited since you'll come to smooth out the (dirt) floor to have a better field.
BALLS (CONTINUED)
Tosfos permits playing with a ball on Tom Tov. He considers it as part of the leisure time of Yom Tov. This would seem to argue with the Shevulei HaLeket that holds that a ball is Muktza. The Shach says the reason for Tosfos, as Tosfos says specifically, is the Heter of Mitoch. On Yom Tov we have a Heter, that since we allow certain actions for preparation for food we allow it also for other uses. Playing ball is considered somewhat of a use to allow moving it on Yom Tov, but on Shabbos it's unequivocally prohibited. The Magen Avraham argues and says that Tosfos is not giving the Heter of Muktza of Mitoch. Tosfos is just saying the Heter of carrying the ball in R'shus Harabim is because of Mitoch. We never permit Muktza because of Mitoch. On the contrary, Muktza is more stringent on Yom Tov than on Shabbos.
But the Yam Shel Shlomo that it's not part of what the Torah gave us for leisurely pleasure on Yom Tov. Tosfos was only trying to find some justification to those that carry a ball on Yom Tov. Therefore they're saying, that according to the misconception that ball playing is part of the leisure activities on Yom Tov, then it would be permitted to carry. In reality though, all it is is small children play and frivolity. The Yerushalmi says that the King's Mount was destroyed from the sin of playing ball on Shabbos. Therefore the Shulchon Orech Paskins that balls are Muktza.
The Rama permits moving and playing ball on Shabbos. The Gra explains the Yerushalmi according to the Rama it's referring to the sin of playing ball in a R'Shus Harabim. This the Rama prohibits even within four Amos since it's very probable that it would roll out of the four Amos. The Magen Avraham says that this is only permitted if you're not playing on the floor. But rolling on the floor is prohibited since you'll come to smooth out the (dirt) floor to have a better field.
SEIF 46
CARRYING SILK COCOONS
The Rashba says that you're not allowed to carry silk cocoons under your arms on Shabbos. First of all, it's Muktza. Also, you're incubating the worms thus helping them to be born.
SEIF 47
SHATNEZ
R' Yeruchum in the name of the Maharam says that Shatnez is Muktza on Shabbos. His proof is from Beitza 14b that says it's forbidden to send Shatnez to a friend on Yom Tov unless they're hard. We are only allow to send things that you're allowed to partake in on Yom Tov. The Magen Avraham explains that it has the status of a Kli Shemalachto L'Issur and can't be moved to save it. But it definitely have uses. We see in Yoreh Deah there are certain things we may do with Shatnez. But the Agudah seems to imply that it's completely Muktza. The Elya Rabba agrees to that, since the implications of the Maharam is that it's not fit for anything.
The Mordichai in the name of the Ohr Zeruah permits moving it on Shabbos. He compares it to the nailed sandal that is forbidden to use on Shabbos and Yom Tov, and you also cannot send them to a friend on Yom Tov, still it's permitted to move because it's a utensil. The Gra explains the Gemara in Beitza according to this Shita that we can't send gifts on Yom Tov for things that our BODIES cannot partake pleasure in, though they might have other uses for them.
SEIF 48
BELLOWS
The Kol Bo allows someone to use a bellow to chase away flies, as long as you're careful not to kill them.
SEIF 49
BROOM
The Rambam Paskins that a broom is a Kli Shemelachto L'Heter (main use is permitted on Shabbos) since you're allowed to sweep tiled floors, even though it's forbidden to sweep dirt floors. But according to those that say that all floors are prohibited to sweep. They prohibit tiled floors lest you came to sweep dirt floors. To them, brooms are Kli Shemalachto Lissur (main use is prohibited on Shabbos).
CARRYING SILK COCOONS
The Rashba says that you're not allowed to carry silk cocoons under your arms on Shabbos. First of all, it's Muktza. Also, you're incubating the worms thus helping them to be born.
SEIF 47
SHATNEZ
R' Yeruchum in the name of the Maharam says that Shatnez is Muktza on Shabbos. His proof is from Beitza 14b that says it's forbidden to send Shatnez to a friend on Yom Tov unless they're hard. We are only allow to send things that you're allowed to partake in on Yom Tov. The Magen Avraham explains that it has the status of a Kli Shemalachto L'Issur and can't be moved to save it. But it definitely have uses. We see in Yoreh Deah there are certain things we may do with Shatnez. But the Agudah seems to imply that it's completely Muktza. The Elya Rabba agrees to that, since the implications of the Maharam is that it's not fit for anything.
The Mordichai in the name of the Ohr Zeruah permits moving it on Shabbos. He compares it to the nailed sandal that is forbidden to use on Shabbos and Yom Tov, and you also cannot send them to a friend on Yom Tov, still it's permitted to move because it's a utensil. The Gra explains the Gemara in Beitza according to this Shita that we can't send gifts on Yom Tov for things that our BODIES cannot partake pleasure in, though they might have other uses for them.
SEIF 48
BELLOWS
The Kol Bo allows someone to use a bellow to chase away flies, as long as you're careful not to kill them.
SEIF 49
BROOM
The Rambam Paskins that a broom is a Kli Shemelachto L'Heter (main use is permitted on Shabbos) since you're allowed to sweep tiled floors, even though it's forbidden to sweep dirt floors. But according to those that say that all floors are prohibited to sweep. They prohibit tiled floors lest you came to sweep dirt floors. To them, brooms are Kli Shemalachto Lissur (main use is prohibited on Shabbos).
SEIF 50
TELESCOPES
The Agur writes, according to the Rashba that allows reading scientific knowledge on Shabbos, you're allowed to move a telescope on Shabbos. According to him it's a Kli Shemalachto L'Heter. The Magen Avraham quotes the Rashba, even though there are removable parts, there is no problem that you may come to fasten them. It's like a bed that is made to be put together loosely that we're not afraid that he'll want to fasten them tightly. But the Rambam, that forbids reading anything but Torah on Shabbos, it's a Safeik if it's a Kli Shemalachto L'Issur. The Elya Rabbah explains the Safeik that the reason we forbid reading science on Shabbos is that it might lead to reading business documents on Shabbos. So maybe a telescope would be permitted to use on Shabbos, since there is no connection to reading, won't lead to reading business documents.
The Gra says that even the Rambam would allow moving a telescope. Even though you cannot use it on Shabbos, it's still a utensil. This is not comparable to read from a Sefer Haftorah before they permitted writing down parts of the Torah. There it's completely Muktza since it's forbidden to use it even during the weekdays. But a telescope that you can use during the weekdays, it's still a utensil and is not Muktza.
TELESCOPES
The Agur writes, according to the Rashba that allows reading scientific knowledge on Shabbos, you're allowed to move a telescope on Shabbos. According to him it's a Kli Shemalachto L'Heter. The Magen Avraham quotes the Rashba, even though there are removable parts, there is no problem that you may come to fasten them. It's like a bed that is made to be put together loosely that we're not afraid that he'll want to fasten them tightly. But the Rambam, that forbids reading anything but Torah on Shabbos, it's a Safeik if it's a Kli Shemalachto L'Issur. The Elya Rabbah explains the Safeik that the reason we forbid reading science on Shabbos is that it might lead to reading business documents on Shabbos. So maybe a telescope would be permitted to use on Shabbos, since there is no connection to reading, won't lead to reading business documents.
The Gra says that even the Rambam would allow moving a telescope. Even though you cannot use it on Shabbos, it's still a utensil. This is not comparable to read from a Sefer Haftorah before they permitted writing down parts of the Torah. There it's completely Muktza since it's forbidden to use it even during the weekdays. But a telescope that you can use during the weekdays, it's still a utensil and is not Muktza.
SEIF 51
TIME PIECES
The Mahril says it's prohibited to measure time with an hourglass or to set up a sundial. This would be similar to measuring, though you're not measuring a tangible object. Even if you want to learn by it (to see how long you need to learn) it's forbidden. Even though it's permitted to measure for a Mitzva, but here the actual Mitzva is not done by the measurement. Elya Rabbah says that measuring something for a Segulah to heal someone could be permitted. The Tosfos Shabbos says in the name of Panim M'eiros that clocks (and watches) are not Muktza. (Presumably, because the clock runs by itself so you're not doing any measuring.)
TIME PIECES
The Mahril says it's prohibited to measure time with an hourglass or to set up a sundial. This would be similar to measuring, though you're not measuring a tangible object. Even if you want to learn by it (to see how long you need to learn) it's forbidden. Even though it's permitted to measure for a Mitzva, but here the actual Mitzva is not done by the measurement. Elya Rabbah says that measuring something for a Segulah to heal someone could be permitted. The Tosfos Shabbos says in the name of Panim M'eiros that clocks (and watches) are not Muktza. (Presumably, because the clock runs by itself so you're not doing any measuring.)
Comment
Follow Us
Subscribe by Email 
The Global Yeshiva on Facebook
The Global Yeshiva was created by Rav Mitterhoff
© 2010 Created by Rav Mitterhoff.
You need to be a member of The Global Yeshiva to add comments!
Join The Global Yeshiva