Outlines Of Halachos From The DafDaf Series

Outlines Of Halachos From The Daf

Shabbos 46

Rabbi Mordecai Kornfeld

Halachah Outlines

1)MAY ONE MOVE THINGS WITHOUT ANY NEED? [Shabbos : Muktzeh: Kli she'Melachto l'Heter]

(a)Gemara

1.(Beraisa): Bracelets, nose-rings and rings are like regular Kelim. One may move them in a Chatzer.

2.(Ula): What is the reason? This is because they are Kelim.

3.123b (Beraisa): At first, they said that only three Kelim may be moved: a knife to cut a ring of figs, a big spoon to remove froth from pots and a small table knife.

4.They permitted more, and permitted more...

5.Explanation #1 (Abaye): They permitted to use Kli she'Melachto l'Heter, then permitted to move it l'Tzorech Mekomo (when its place is needed), then permitted Kli she'Melachto l'Isur for Tzorech Gufo (for permitted uses), but not for its place.

6.Objection (Rava): 'They permitted' connotes for its use and for its place!

7.Explanation #2 (Rava): They permitted Kli she'Melachto l'Heter for its use and place, and then permitted to move it out of the sun to the shade. Later, they permitted Kli she'Melachto l'Isur for its use or place, but not from the sun to the shade.

8.124a (Mishnah): Arranging the Kanim (small poles that held up Lechem ha'Panim) or removing them does not override Shabbos.

9.(Rava): We could say that this was after Kelim were permitted!

i.(New Lechem ha'Panim is placed on the Shulchan on Shabbos day, and the old bread is removed.) Kanim separate the loaves so they will not get moldy. We could remove poles from the old bread before Shabbos and arrange the new bread on them on Motzei Shabbos. We are not concerned for mold in a short time.

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

11.R. Nechemyah permits only for a need.

12.(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 Kli she'Melachto l'Isur to use it, but not for its place;

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

14.Objection (Rava): For its place is a need! Rather, 'for a need' is a 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, but not from the sun to the shade;

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

16.Question: According to Rabah, according to R. Nechemyah, how may we move bowls [after finishing the food inside]?

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

18.124b: Mari bar Rachel had felt pillows in the sun. He asked Rava if he may move them. Rava permitted.

i.Mari: I have others, even in case guests will come!

19.Rava: This shows that you hold like Rabah. It is permitted for anyone else, but it is forbidden for you.

(b)Rishonim

1.Rif (48a): All Kelim may be moved for a need (or without a need). Rava explains that this permits a Kli she'Melachto l'Heter even from the sun to the shade, and a Kli she'Melachto l'Isur for its use or place, but not from the sun to the shade.

2.Ran (DH v'Ika): Some forbid moving Kli she'Melachto l'Heter for no purpose at all. They learn from Shabbos 123b. At first, they permitted moving only three Kelim... They permitted more, and permitted more... We concluded that they permitted Kli she'Melachto l'Heter for its use and place, then permitted to move it out of the sun to the shade. It does not say that they permitted it for no purpose at all.

i.Chidushei ha'Ran (123b DH v'Chazru): Only the three Kelim are permitted even without any need. We say that they later permitted she'Melachto l'Heter from the sun to the shade. It does not say that they totally permitted it, i.e. even for no need at all. Everything was initially forbidden. One who wants to permit must bring a proof. Rava says that even after Kelim were permitted, one may not arrange the Kanim on Shabbos. Even though they are Kli she'Melachto l'Heter, which Rava permits moving from the sun to the shade, since the bread will not get moldy in one day, there is no need for the Kanim, so they are forbidden. However, some texts say that Rabah said so. (This is the text of the Rashba 124a DH Amar.) He holds like Abaye, who forbids moving Kli she'Melachto l'Heter from the sun to the shade.

3.Rambam (Hilchos Shabbos 25:3): A Kli she'Melachto l'Heter, whether it is made of wood, Cheres, stone or metal, may be moved for its use or place, or for the sake of the Kli.

i.Magid Mishnah: The Rambam does not permit to move it for no purpose at all. In the next Halachah he permits so it will not be stolen or ruined in the sun. Some permit even for no purpose at all. They have no source for this.

ii.Hagahos ha'Ramach: According to the Rambam one may not clear Kelim off the table, for this is not done for their use or place or the Kelim themselves! Our custom is to move them. Our source is Shabbos 124b. The Halachah permits to move felt pillows in the sun, even though they would not be harmed there.

4.Rosh (17:1): One may move a Kli she'Melachto l'Heter even from the sun to the shade.

i.Tosfos (46b DH v'Amar): Ula needed to explain the reason, for he holds like the Tana who forbids ornaments in a Chatzer. 'They are like regular Kelim that one may take in a Chatzer' means like any Kli she'Melachto l'Isur, which may be taken l'Tzorech Gufo u'Mkomo. Therefore, he explains that they are Kelim.

ii.Tosfos (123b DH Miktzo'a): The Beraisa lists only Kelim that do not hold anything. Surely, people used to use cups, bowls and plates!

(c)Poskim

1.Shulchan Aruch (OC 308:4): One may use a Kli she'Melachto l'Heter even just to prevent it from being broken or stolen. One may not move it for no need at all.

i.Magen Avraham (9): The same applies if it is Kli she'Melachto l'Heter and l'Isur.

ii.Question (Taz 2): Why may people walk with a knife inserted in their belt to places where they have no need for it, e.g. in a privy? This is considered carrying!

iii.Answer (Taz 2): It is forbidden only if the Kli will not be used the entire day. If he will need it he may carry it always, so it will be there when he needs it. See what I wrote in 518:2 (brought below).

iv.Gra (DH Aval): The Gemara did not say that they retracted and totally permitted even from the sun to the shade, or for no need.

v.Mishnah Berurah (20): The same applies to a Kli used for Heter and Isur. One does not divert his mind from it. If a pot is used mostly for cooking, and only occasionally for [cold] water or Peros, it is like a Kli she'Melachto l'Isur, unless it has the cooked food in it.

vi.Kaf ha'Chayim (35): If a Kli is used for Heter and Isur. It depends on the majority usage.

vii.Bi'ur Halachah (DH Kli): Even after the food was removed from a pot, if it is in the house, one may move it and take it outside, for it is like Geraf Shel Re'i.

viii.Mishnah Berurah (23): People constantly use cups, bowls and plates. They are not Muktzeh at all. They are like food and Kisei ha'Kodesh. One may move them without any need at all. Some are stringent even about these Kelim.

ix.Kaf ha'Chayim (36): Some say that a Kli that holds ink, blank paper and writings is a Kli she'Melachto l'Isur. I say that it is a Basis for Heter and Isur. Therefore, if one needs writings in it, he may move the Kli with them.

x.Kaf ha'Chayim (38): The Shlah warmed about moving without any need, for even those who fear Shamayim are not careful about this.

2.Rema (518:1): One may play with a ball [on Yom Tov], even in Reshus ha'Rabim, even though it is mere recreation. If he made an Eruv, one may move and take out anything with Toras Kli, even though it is not needed for the day at all.

i.Taz (2, citing Maharshal): In my youth, I saw that people would not take knives outside the city on Yom Tov, since after eating there is no need for them during the day, since normally one does not eat again during the day. However, they would take them outside the Eruv, since Eruv Chatzeros were enacted only for Shabbos. On Yom Tov one may take anything, except for what is not needed for the day at all.

ii.Taz (2): I see no reason to be stringent about knives. They are considered needed for the entire day, for if one would happen to get a fruit, he would use the knife to [cut it and] eat it! On Shabbos, one may not carry even in the house something not needed for the day at all. Why do we wear knives attached to the belt the entire day? Rather, they are considered needed for the entire day.