17. The law of Nolad:

A. The stringent opinion by Nolad, its definition and the Final Ruling:[1]

There are opinions which say that every Muktzah which is permitted on Shabbos is [likewise] permitted on Yom Tov, however all [items which are] Nolad are forbidden both on Shabbos and on Yom Tov.

What is Nolad? Something which is not fit today for what it was fit for by dusk [Bein Hashmashos], such as a vessel which broke on Shabbos or Yom Tov and one is unable to use the shattered pieces of the vessel for the same purpose which it was able to be used for when the vessel was complete, rather [it is now able to be used] for a different purpose. For example a vessel [which holds] liquids which broke or became punctured on Yom Tov or Shabbos  and one is unable to [now] use it for liquids as he was able to do beforehand, but rather [is able to use it] for food or other matters, then it is forbidden to move the broken shards on that Shabbos or Yom Tov in which it was broken being that this [new] use was created on Shabbos or on Yom Tov, and the day before the vessel was not designated and ready for this [new] use.

Similarly bones which have been detached from their meat on Shabbos or on Yom Tov, despite that they are fit for a dog [to eat], are forbidden to be moved on that day which they were detached [from their meat], as yesterday they were attached to their meat and were considered like meat itself which is designated for human consumption, and today that it has been removed from the meat, they are designated for dogs, and this is Nolad. The same applies for all cases of the like.

The Final Ruling: Regarding the final ruling one is to be stringent by Nolad on Yom Tov being that there are opinions which say that even Muktzah is forbidden on it. However, on Shabbos one may permit even Nolad, as so is the main opinion. However, regarding Muktzah [on Yom Tov] the custom is to be lenient in these communities even on Yom Tov, and one who is stringent a blessing will befall him.

B. What is the status of an item that was turned into a vessel on Shabbos by a gentile?[2]

Something that was Nolad [first created] on Shabbos, such as for example a gentile which made a new vessel on Shabbos on his own accord[3], then it is permitted to move it and use it in the ways explained in chapter 252 [Halacha 11-12], even though one did not have in mind before Shabbos to move it on Shabbos.

The law on Yom Tov: However, on Yom Tov one needs to be stringent against moving a new object [made on Yom Tov] as will be explained in chapter 495 [Halacha 13]. [If, however, the object that was turned into a vessel was owned by the gentile and made on Yom Tov by the gentile then it does not have a prohibition of Nolad even on Yom Tov and it is only when owned by a Jew that it has a Nolad prohibition on Yom Tov.[4]]

C. Vessels that broke on Shabbos and are now fit for a new use:[5]

All vessels which are permitted to be moved [i.e. are not Muktzah] that broke on Shabbos, and the broken pieces are no longer fit to be used for a purpose similar to their original purpose, but rather [are now only fit] for a completely different purpose, such as for example the broken pieces of a kneading bowl [that are now only fit to use] to cover the opening of a barrel, and the broken pieces of glass [that are now only fit to be used] to cover the opening of a jar, and so too all cases of the like, then this is considered Nolad , as a new vessel was created on Shabbos and is permitted [to be moved] on Shabbos.[6]

The law on Yom Tov: However, on Yom Tov [it is forbidden to move] unless [the vessel] broke before Yom Tov in which case it was already prepared for another use from before Yom Tov and is not considered to have been created anew [on Yom Tov].

If the broken pieces are still fit for their original purpose:[7] However if the broken pieces are [still] fit to be used for a purpose similar to their original purpose, such as for example the broken pieces of a kneading bowl [which is still fit] to pour in it thick soup which is similar to dough which is mixed with water for which is the purpose of the kneading bowl,  or [for example] broken pieces of glass [which are still fit] to pour oil in to, then this is not considered Nolad and is permitted to be moved  even if they broke on Yom Tov.

D. Leftover bones and peels?[8]

Bones which are fit for dogs and peels of fruits that are fit for animals, such as for example the pods of legumes [which are] the [stalks that] the legumes grow inside of[9], and any other [item] of the like, is permitted to be remove from the table because they are permitted to be moved just like any other animal food

Why the above is not prohibited to be moved because of Nolad? Now, even though the bones have been detached from the meat and the peels [detached] from the fruits on Shabbos itself, and they are thus Nolad [a new item which was born on Shabbos], as will be explained in chapter 501 [Halacha 16], [nevertheless] this does not pose a problem being that Nolad is permitted [to be moved] on Shabbos.

The law of the above items on Yom Tov: However on Yom Tov one needs to be stringent by Nolad, and [thus] needs to be careful not to remove these items from ones table, unless done in the way that will be explained [latter on in this Halacha and in Halacha 61-62].

E. A great form of Nolad:[10]

Ash is only permitted to be moved if it was made into ash from before Shabbos, however if it turned to ash on Shabbos, then it is forbidden because it is Nolad, as will be explained in chapter 498 [Halacha 24].[11] If one mixed ash which was made on Shabbos with ash that was made beforehand, then it is nullified in majority if it had never yet been recognizable on its own, as is explained there.[12]

 

F. Is rainwater considered Nolad?[13]

It is permitted to place a bucket on Shabbos under a drainage system of rainwater, and if it fills up one may then spill it out and return the bucket back to its place. However, this is only if the drainage water is at the very least fit for washing with. However, if it is not fit for anything then it is Muktzah and is forbidden to be moved. In such a case it is forbidden to place a bucket under it being that one nullifies it from its non-Muktzah state.

Summary-The laws of Nolad: On Shabbos: Items which have become useable for a certain purpose on Shabbos are not Muktzah if they have not drastically changed from their original form. If however they have drastically changed from their original form, then they are Muktzah even on Shabbos. On Yom Tov: On Yom Tov all items which have become useable for a certain purpose on Yom Tov are Muktzah even if they have not gone through a drastic change from their original form. If however the item that was changed belonged to a gentile and it was changed by the handiwork of the gentile then it is not considered Nolad even on Yom Tov.[14] Q&A Is rainwater Muktzah?[15] Rainwater is not considered Muktzah or Nolad [even on Yom Tov[16]] so long as it is at least fit for one to bathe in.[17] If, however, the water has become dirty [as is common with the water which comes through one’s roof drain which is very dirty] then it is considered Muktzah.[18]                       Is snow Muktzah?[19] Snow retains the same law as does rainwater, and is thus not Muktzah [if useable for eating drinking etc, as said above by rainwater[20]]. May one move a bucket of water which has leaked from an air conditioner? This is forbidden even on Shabbos due to that it is a great form of Nolad.[21] Furthermore, even if in the bucket which the drop fell into there was already water which had dripped from before Shabbos, the entire water is Muktzah.[22] If one’s air conditioner is leaking water may one bring a bucket to catch the water? See Halacha 3H

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[1] Admur 495:13

[2] Admur 308:23

^[3] Meaning the Jew did not ask him to do it for him.

[4] See 252:12 and 586:25 that if the object was owned by a gentile and made on Shabbos by the gentile then it does not have a prohibition of Nolad even on Yom Tov and it is only when owned by a Jew that it has a Nolad prohibition on Yom Tov. See however 325:6 that Admur records a dispute in this matter. Vetzaruch Iyun.

[5] Admur 308:24

^[6] However, there are cases of Nolad that the new creation is so apparent that it is forbidden even on Shabbos, such as wood that was burnt to ash on Shabbos. See Chapter 310 Halacha 19 and Chapter 498 Halacha 24.

[7] Admur 308:25

[8] Admur 308:60

^[9] Legumes, just like grains, grow in stalks called pods. These pods before the legumes in them have ripened are edible after cooking. On today’s market this is synonymous to string-beans, or green beans. However once the legumes within the pods have already ripened then the pods become dried out and are no longer edible. It is to this type of pod that the above Halacha is referring to.

[10] Admur 310:19; 507:3 regarding wood; M”A 310; M”B 310:32; See also 305:31 regarding milk of an animal that it is forbidden on Shabbos due to Nolad/Muktzah; Shabbos Kehalacha in volume 3

^[11] There it is explained that even though Nolad is permitted on Shabbos, nevertheless by such a great form of Nolad, all agree that it is forbidden.

^[12] There it is explained that if the wood burnt over the ash of the previous day, then since the new ash has never become yet recognizable, then it is nullified in majority.

[13] Admur 338:9; Michaber 338:8

[14] Admur 252:12 and 586:25 that if the object was owned by a gentile and made on Shabbos by the gentile then it does not have a prohibition of Nolad even on Yom Tov and it is only when owned by a Jew that it has a Nolad prohibition on Yom Tov. See however 325:6 that Admur records a dispute in this matter. Vetzaruch Iyun.

[15] M”B 338:30 based on Zechor Leavraham, in explanation of Michaber ibid; Admur ibid

[16] So is implied from M”B 338:30 from fact he says it is not Nolad. However, Tzaruch Iyun from Admur which here specifically mentions “on Shabbos” regarding the scenario. Although one can say that this is coming to contrast before Shabbos.

[17] Vetzaruch Iyun as for what is collected rainwater used for in today’s time? Should it thus be considered Muktzah?

[18] Admur 338:9 from that it is permitted to place a vessel under rainwater and if fit for use then it is not Muktzah; Mishneh Berura 338:30 explains that rainwater is not Muktzah or Nolad; Beir Moshe 3:20 explains in length that rainwater is not Muktzah

However, the Peri Megadim Introduction to Hilchos Yom Tov 29 rules that rain is considered Muktzah due to Nolad.

[19] Beir Moshe 6:30; Har Tzevi Kuntrus of 39 Melachos “Soser”, and so is implied from other Poskim which deal with the question of making snowballs on Shabbos.

[20] Vetzaruch Iyun as for what is snow or rainwater used for in today’s time? Should it thus be considered Muktzah?

[21] M”B 310:32 regarding drops of liquid which fall from trees in the spring due to condensation. Since the water was never around prior and was now created on Shabbos it is considered a great form of Nolad and is Muktzah.

[22] As this is similar to ash which was recognizable on its own and then got mixed into other ash in which Admur rules that it is all Muktzah due to that it is a Davar Sheyeish Lo Matirin, and thus the law of bittul does not apply. [M”B ibid]

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