Outlines Of Halachos From The DafDaf Series

Outlines Of Halachos From The Daf

Shabbos 43

Rabbi Mordecai Kornfeld

Halachah Outlines

1)PUTTING DOWN MUKTZEH THAT ONE IS ALREADY HOLDING [Muktzeh: putting down]

(a)Gemara

1.35b (Beraisa - R. Noson): We blow six Shofar blasts on Erev Shabbos to stop people from doing Melachah.

2.(R. Yosi): Chachamim instruct the Chazan to blow [early], and leave enough time to return the Shofar to his house before Shabbos.

3.(Tana d'vei R. Yishmael): He has a hiding place for it on the roof.

4.43a (R. Yitzchak): [On Shabbos] one may not put a Kli over an egg [laid on Shabbos] to guard it.

5.He permits moving a Kli only for the sake of something that may be moved on Shabbos.

6.Question (Beraisa): One may put a Kli over an egg laid on Shabbos, to guard it.

7.Answer: The case is, he needed the place of the Kli.

8.124a (Mishnah): All Kelim may be moved for a need or without a need;

9.R. Nechemyah says, they may be moved only for a need.

10.Question: What are 'for a need' and 'without a need'?

11.Answer #1 (Rabah): 'For a need' is using Kli she'Melachto l'Heter. 'Without a need' is moving Kli she'Melachto l'Heter for its place, or moving Kli she'Melachto l'Isur to use it, but not for its place;

i.R. Nechemyah permits even Kli she'Melachto l'Heter only to use it, but not for its place.

12.Objection (Rava): You cannot call for its place 'without a need'!

13.Answer #2 (Rava): 'For a need' is Kli she'Melachto l'Heter for its use or place. 'Without a need' is from the sun to the shade, or Kli she'Melachto l'Isur for its use or place;

i.R. Nechemyah permits moving even Kli she'Melachto l'Heter only for its use or place, but not from the sun to the shade.

14.Question (Rav Safra): According to Rabah, according to R. Nechemyah, how may we move bowls [after finishing the food inside]?

15.Answer (Rav Safra): One may move it just like Geraf Shel Re'i (a Kli for excrement, for it bothers him there).

16.Demai 7:2 (Mishnah): If they mixed a cup [of wine for Reuven], and he said 'what I will leave over is Ma'aser Rishon... it is Terumas Ma'aser...'

(b)Rishonim

1.R. Shimshon and Rosh (Demai 7:2): The Yerushalmi asked that he must make it Terumah immediately. If so, he moves Tamei Terumah on Shabbos! It answered that it becomes Terumah only when he drinks.

2.Rosh (ibid.): I.e. he does not move the cup after drinking. He leaves it on the table.

3.Rambam (Hilchos Shabbos 25:5): One may move a millstone or mortar in order to break nuts on it, to step on it and get to his bed, or to sit in its place.

i.Magid Mishneh: The Meforshim say that when one moves a Kli she'Melachto l'Isur for the need of its place, he need not drop it immediately once he removed it from the place he needs. Rather, since he moves it for its place, he puts it wherever he wants. There are proofs for this. This is primary.

ii.Tosfos (Beitzah 3b DH Aval): If one began to move a Kli she'Melachto l'Isur l'Tzorech Gufo or Mekomo (to use it or its place), he may move it even to his room if he wants. We find that if he needed the place of a Kli or the Kli itself, he may place it over an egg.

iii.Ran (Beitzah 2a DH u'Minah): We derive from Shabbos 43a that when one may move Kli she'Melachto l'Isur, l'Tzorech Mekomo, he need not put it down immediately next to the place he needs. Rather, since he was allowed to move it, he may bring it wherever he wants. We may learn from R. Yitzchak to ourselves. (We permit moving a Kli for the sake of Muktzeh that may not be moved, unlike R. Yitzchak.) It is difficult to say that when we establish the Beraisa to discuss when he needs the place, that the egg was right next to it.

(c)Poskim

1.Rema (OC 266:12): If one forgot and left his wallet (money-belt) on him on Shabbos, in his house, he may walk to a room to untie his belt and it will fall there and he will hide it.

i.Magen Avraham (19): Since it is in his hand, he may put it wherever he wants, like in 308:3. However, we say that the Chazan does not accept Shabbos until hiding away the Shofar! We must say that in any case it is better not to do so (move Muktzeh already in his hand on Shabbos).

ii.Rebuttal (Gra DH u'Mi): The Rema's law is from 43a. However, there, he initially moved it b'Heter. Here, he moved it b'Isur. One who transgressed should not transgress more! The Magen Avraham tried to dispel the proof from 35b. He erred. The Tosefta (Sukah 4:7) says that one who lights Ner Shabbos casts the wick from her hand upon accepting Shabbos.

iii.Bi'ur Halachah (DH Yachol): Derech ha'Chayim says that the wallet is a Kli, and it did not become a Bosis for the coins, since they were forgotten inside, so one may carry it if he needs its place. Therefore, if it is in his hand, he may bring it to a box. Something that is intrinsically Muktzeh, e.g. coins or stones that may not be moved even l'Tzorech Gufo u'Mkomo, if one took it in his hand, he may not carry it elsewhere. He must cast it immediately. The only exception is a Mohel's knife. Even though it is Muktzeh due to Chisaron Kis (it is valuable, and people use it only for its special use), and one may not use it even l'Tzorech Gufo, when it is in his hand he may put it where he wants in the room. If he would be obligated to cast it and it would break, he would refrain from circumcising [on Shabbos].

iv.Kaf ha'Chayim (62): Tashbatz says that if a money-pouch (pocket) is part of the garment, one may not wear it on Shabbos. This is only if it has money in it. Then, the garment is secondary (Batel) to the money. If it is empty, the pouch is secondary to the garment, so one may wear it. This is the custom.

2.Shulchan Aruch (308:3): One may move a Kli she'Melachto l'Isur l'Tzorech Gufo, e.g. a smith's hammer to break nuts, or l'Tzorech Mekomo, i.e. to use the place where the Kli is. One may take it from there and put it wherever he wants.

i.Magen Avraham (7): Since it is in his hand, he may move it more. It seems that even if he forgot and picked it up, he may move it more. See what I wrote above (266:19).

ii.Question (R. Akiva Eiger): The Yerushalmi (that R. Shimshon brought) asks that one moves Tamei Terumah on Shabbos. He was already holding it at the time. He may put it on the table! Even ha'Ozer (on Rema 266:12, cited in Sha'arei Teshuvah), that the Heter is only for Kli she'Melachto l'Isur, since in any case one may move it l'Tzorech Gufo u'Mkomo, but not for total Muktzeh. However, even he permits one who forgot coins in a wallet. Since it did not become a Bosis, and one may move it with the coins l'Tzorech Mekomo, it is permitted also while it is in his hand. Also in Demai, the cup was not a Bosis Bein ha'Shemashos, since it was a Bosis also for Heter (Chulin wine). Also, it seems that they poured the wine (into the cup) on Shabbos.

iii.Kaf ha'Chayim (26): R. Zalman says that one should be stringent about total Muktzeh, unless this would cause a loss.

iv.Kaf ha'Chayim (27): Tosefes Shabbos says that even though one may hold Muktzeh in his hand as long as he wants, he may not move it to the other hand, for that is a new moving.

v.Machatzis ha'Shekel (DH u'Lehanicho): The Magen Avraham permits even if he forgot and picked it up (without a need). Tosefes Shabbos questioned this.

vi.Chachmas Shlomo: In OC 651, I suggested that one may give the Muktzeh to someone else, and the latter will put it where he wants. Since the first may put it where he wants, he may give it to another. The Yerushalmi (Sukah 3:11) supports this. It says the custom in Yerushalayim was to go to the Beis ha'Keneses carrying a Lulav. If he had to give Birkas Kohanim or read in the Torah, he gives it to someone else. If he put it on the ground, he may not move it. This shows that it is Muktzeh. We are forced to say that as long as it is in his hand, he may move it, and he may give it to another. The same applies to all Muktzeh. This is only if he took it b'Heter or b'Shogeg. If b'Mezid he took it b'Isur and repented, he must let it down [immediately]. Tosefes Shabbos forbids giving it to another. I am confident that it is permitted. Perhaps he discusses only one who took it b'Mezid.

vii.Eshel Avraham: Tosfos and Hagahos Ashri (Beitzah 1:1) say that he may bring it even to his room. The Ran and Rashi say that he brings it to wherever he wants. This connotes even to another room. However, perhaps they mean only in the same room. This is why one may not bring a Mohel's knife to another room. Perhaps coins are different, for it is a big loss. In YD 266:1, [the Taz] connotes that we permitted only lest he not circumcise. This is because Chisaron Kis is more stringent than Kli she'Melachto l'Isur. However, if so, what is the proof from R. Yitzchak? Perhaps [the Isur to use a Kli for the sake of Muktzeh] is more lenient than a Kli she'Melachto l'Isur (and only the former is permitted once it is in his hand)! This requires investigation.

viii.Gra (DH u'Mutar): Rabah says that R. Nechemyah permits even Kli she'Melachto l'Heter only to use it, but not for its place. We must say that he permits removing it from the entire house, just like Geraf Shel Re'i. If not, also according to Rava, R. Nechemyah's opinion is difficult!

ix.Damesek Eliezer: If we would say that even the opinion that permits l'Tzorech Mekomo, permits only to take it from the place he needs, but no further, if so also according to Rava, who permits l'Tzorech Mekomo, the questioner (before he heard the answer that it is like Geraf Shel Re'i) should have asked why we may remove bowls from the house, since the Heter is only to take them from the place he needs! Rather, we must say that since one may move them, he may put it wherever he wants.