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18. The laws of Muktzah on Yom Tov:[1]

A. The laws of Muktzah relevant on Yom Tov in contrast to Shabbos:

It was already explained in the laws of Shabbos that the Muktzah prohibition applicable on Shabbos is only with regards to Muktzah Machmas Chisaron Kis, which was explained in chapter 308 [Halacha 4-6], or Muktzah Machmas Issur which was actively pushed aside by the hands of a person by [before?] dusk[2], such as a candle which was lit for Shabbos, or Muktzah the like of a fig and raisins which are brought to a rooftop to be dried and a person removes his mind from them due to them not being fit for eating until after much time. However, all other items which are fit to be used for a certain use, are permitted to be moved on Shabbos, even [if it is] Muktzah Machamas Mius [set aside from one’s mind due to it being repulsive], or [set aside] due to it being designated to be sold as merchandise, and cases of the like, it is permitted to move it on Shabbos, as was written in chapter 310 [Halacha 1-2] see there.

However [regarding the laws of Muktzah] on Yom Tov, there is a dispute amongst the Poskim.

 

First Opinion:

Some opinions say that everything which is permitted to move or eat on Shabbos is [likewise] permitted to move, and also to eat, on Yom Tov. [Likewise] everything which is forbidden to move or to eat on Shabbos is forbidden to eat and move on Yom Tov, unless one is moving it for the purpose of eating a permitted [non-Muktzah] food, in which case it is permitted to move [even a Muktzah item] just like all the Melachos [forbidden actions] were permitted for the purpose of eating. See Chapter 509 [Halacha 16].

 

Second Opinion:

There are opinions which say that whether Muktzah Machmas Issur which was not actively pushed aside by the hands of a person by [before?] dusk[3], whether Muktzah Machamas Mius [set aside from one’s mind due to it being repulsive], or [set aside] due to it being designated to be sold as merchandise, which was explained  in chapter 310 [Halacha 1-2], or an item which was entered into a storage house and one does not have in mind to use its [content] until a very long time, then it is forbidden to move it on Yom Tov unless one is moving it for the need of eating a permitted [Non-Muktzah] food.

The reason for this stringency on Yom Tov is because: Yom Tov is more lenient then is Shabbos, therefore they [the Sages] forbade Muktzah in order so one not come to belittle it.

In accordance to their opinion an animal which is designated for its milk and a chicken which is designated for it to raise eggs and an ox which is designated for plowing, are forbidden to be slaughtered on Yom Tov unless one had prepared them from Erev Yom Tov, which means that one thinks [to designate] them for eating. The same applies for all cases of the like.    

 

Third Opinion:

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 is 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.

Summary-The laws of Muktzah when moving items for non-eating purposes: All the laws of Muktzah which apply on Shabbos apply equally on Yom Tov, with exception to three laws of which in two Yom Tov is stricter then Shabbos, and in one Yom Tov is more lenient. These are the laws of Nolad, and Muktzah [this refers to all items set aside from one’s mind from before Shabbos, as will be explained], and moving items for eating purposes. Nolad: All items which are Nolad on Yom Tov [received a purpose on Yom Tov for which they were not fit for from before Yom Tov] are Muktzah on that Yom Tov. Thus, a vessel which shattered on Yom Tov is Muktzah if the pieces of the vessel cannot be used for their original use. Similarly, leftover bones, and peels from one’s meat, chicken, fruits and the like are Muktzah even if one has animals which normally are fed these items.   Muktzah: One who is stringent to not move Muktzah, which refers to items which he has set his mind aside from using them, is to be blessed, although the custom is to be lenient. The term Muktzah includes all items which are: Muktzah Machmas Issur; Muktzah Machmas Mius; foods set aside to be sold, and items placed aside in storage. Moving Muktzah for eating purposes: All Muktzah items may be moved for eating purposes, [such as to place a food down in its place[4], or to use to help prepare a food, however a Muktzah food may not be eaten.] Q&A When Yom Tov falls on Shabbos do the Muktzah laws follow the leniencies of the laws of Shabbos? This matter is disputed amongst the Poskim. Some opinions[5] rule that all the Muktzah laws of Shabbos, including its leniencies, apply.  Others rule[6] that it follows the stringencies of the laws of Yom Tov. Is melting fat or ice on Yom Tov also forbidden due to the Nolad prohibition which applies on Yom Tov? Some Poskim[7] rule that all forms of Nolad are forbidden on Yom Tov and therefore it is forbidden to melt fat or ice on Yom Tov as an individual substance. However, to melt them into another substance is permitted being that it is not recognizable as Nolad. Other Poskim[8] rule that such a form of Nolad is permitted, and thus one may melt ice and fat on Yom Tov. According to Admur[9] it is permitted to do the above being that it involves food, and the prohibition of Molid on Yom Tov was not made applicable to foods.[10] May one make ice cubes, freeze ice cream and the like on Yom Tov? It is permitted to freeze water to make ice cubes and freeze ice cream on Yom Tov[11], and so is the ruling according to Admur[12]. However, there are Poskim[13] which are stringent. May one make ice cream on Yom Tov? Some Poskim[14] rule that this is allowed[15], although using an irregularity[16]. Other Poskim[17] rule that it is forbidden due to the Boneh prohibition which applies equally on Yom Tov.

 

B. Moving Muktzah for eating purposes:[18]

It is permitted to move Muktzah [items] for eating purposes[19], such as stones which are resting on fruits, it is permitted to move the stones in order to eat the fruits on Yom Tov.

The reason for this allowance is because: The moving of Muktzah [on Yom Tov] should not be more stringent than the actual doing of complete forbidden labors which were permitted for eating purposes.

Muktzah foods: However foods which are Muktzah are forbidden to be eaten on Yom Tov.

The reason for this is because: The eating [of food] on Yom Tov, although it is a Mitzvah, does not revoke even a Rabbinical prohibition, and although all forbidden labors were permitted for eating purposes on Yom Tov, nevertheless forbidden [Muktzah] foods were not permitted.

Benefiting from Muktzah items: Just like it is forbidden to eat Muktzah foods similarly it is forbidden to use it even for the sake of eating, such as to lean a pot on stones or woods which are Muktzah.

The reason for this is because: The benefit which he receives from using the Muktzah is forbidden to be eaten, being that the use of these stones and woods are considered their [form of] eating, and the Sages did not differentiate between wood and stones and food and drinks which are Muktzah, and they forbade the usage of all matters which are Muktzah.   

Benefit is only forbidden when using the body of the Muktzah item: However the above [prohibition] is only with regards to when one does an action to the body of the Muktzah [item] such as he moves the stone in order to lean the pot on it, or he ignites the Muktzah wood despite him not moving them from its space, [as] nevertheless being that he is placing fire under them and igniting them he is doing an action to the body of the Muktzah [item]. However, it is permitted to use Muktzah when he is not doing any action to the body of the Muktzah, such as to warm oneself up near a fire which was ignited from Muktzah wood, or to use its light. Now, although he is benefiting from the Muktzah [item] nevertheless since the benefit comes on its own, without him doing any action to the body of the Muktzah in receiving its benefit, the Sages did not decree against doing so even on Shabbos as was explained in chapter 308 [Halacha 14].   

• Moving MMC”K for Simchas Yom Tov purposes:[20]

Although on Shabbos it is forbidden to move any vessel which is Muktzah Machmas Chisaron Kis, in which one is particular to not use it for any other purpose [other than its designated purpose which is forbidden to do on Shabbos], nevertheless on Yom Tov it is permitted to move it for the purpose of Simchas Yom Tov, such as to cut meat on it and the like. Look in chapter 509 [Halacha 16]

• Moving Muktzah in order to make room for food:[21]

How to move a skewer: A skewer which had meat roasted on it, if it was not designated for use as a skewer but one rather took a sharp stick similar to a skewer and in mere randomness roasted on it, then after the roasting is complete one removes the stick from in front of him by dragging and moving it from the side, until it is moved from his presence to a corner area in order so one not get injured from it. However, it is forbidden to move it in a complete form of moving after the roast has been removed from it being that it has become repulsive and is thus Muktzah.

The Reason: Now, even according to those which permit Muktzah Machmas Mius on Yom Tov only allowed this regarding an item which has a vessel status upon it. However, this skewer after one has finished his task with it, it does not have a vessel status at all, being that it is not designated as a skewer, and therefore even for the sake of using it or its space it is forbidden to move it.

Moving the skewer for other uses: However, it is permitted to return and roast with it, as regarding roasting it has a vessel status upon it being that it is sharp like a skewer and is fit for roasting[22]. As well if one needs its space in order to place a pot there or other food, it is permitted to remove it. So too is the law regarding any item which is Muktzah as was explained in the end of chapter 509, see there.

Summary: Removing Muktzah which is interfering with one’s food: One may move a Muktzah item in order to allow him to eat a food on Yom Tov, such as to remove Muktzah items which are sitting on his food[23], or in order to make space to place down a pot of food[24]. Moving Muktzah to use for one’s food: However, one may not move a Muktzah item [which is Muktzah Machmas Gufo[25]] in order to make a use of it, even if this use is for an eating purpose. One may however move a Muktzah item which is MMC”K for eating [and other Simchas Yom Tov[26]] purposes [see footnote[27]]. Thus one may not move a stone for the purpose of using it to lean his pot on. One may however bring the pot to where the stone is laying and lean the pot on the stone.

Q&A May one move a Muktzah item which is preventing him from doing other Yom Tov permitted matters?[28] Such as if a Muktzah item is sitting on his Yom Tov clothes, or is blocking the heater or air conditioner? No. The allowance to move Muktzah which is interfering with a Yom Tov need was only allowed for eating purposes and not any other purpose.[29] However there are Poskim[30] which allow this. May one move a Muktzah item which is interfering, even if he could have done so from before Yom Tov?[31] Yes.[32] May one move the interfering Muktzah object in a regular way if he can also do so using an irregularity?[33] It is better to move the Muktzah using an irregularity if he is able to do so without diminishing the quality of the required result.[34] If a Muktzah item was purposely left on a food from before Yom Tov does the food become a Basis?[35] Some Poskim[36] rule that even if the food becomes a legal Basis, nevertheless it is allowed to eat it and use it being that on Yom Tov food is only Muktzah inherent of itself and not due to being a Basis. Other Poskim[37] however rule that the food is Muktzah.

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[1] Admur 495:13

[2] Lit. Bein Hashmashos

[3] Lit. Bein Hashmashos

[4] So rules Piskeiy Teshuvos 495:12

[5] Zayis Ranan 2:7; Rav Poalim 30; Tzitz Eliezer 14:67; SSH”K 21:7

[6] Shoel Umeishiv 1:61

[7] Shut Mahrsham 6:33; Doveiv Meisharim 1:55; Sheivet Hakihasi 3:170

[8] SSH”K 12 footnote 29 in name of Rav SZ”A.

[9] Admur 511:7-KU”A 1

[10] So is implied from Admur ibid, and so understands Piskeiy Teshuvos 495 footnote 48

[11] So rules Chelkas Yaakov 2:98; Piskeiy Teshuvos 495:10.

As a) Nolad does not apply by food on Yom Tov. [Admur in previous question]; b) According to many Poskim making ice on Shabbos is not clearly a problem of Nolad and thus they allow it to be done in times of need, thus here by Yom Tov where it is even questionable whether Nolad applies to foods at all one may be lenient.

[12] As Admur rules [511:7] that Nolad does not apply to foods on Yom Tov.

[13] Doveiv Meisharim 1:55

[14] SSH”K 10:6

[15] As kneading is permitted to be done on Yom Tov.

[16] As anything which could have been done before Yom Tov without having its taste or quality diminished may only be done on Yom Tov with an irregularity. [Rama 495:1 Admur 495:5, and so rules M”A and M”B] Vetzaruch Iyun Gadol on SSH”K ibid which did not mention that an irregularity is needed. As well Tzaruch Iyun on Piskeiy Teshuvos which adds that an irregularity is needed if one had time to do it before Yom Tov, as it is ruled [Admur 495:6; M”B 495:10] that only in a case of “Ones” may one do it on Yom Tov without an irregularity. However, if no “Ones” occurred, even if one forgot to do it before Yom Tov, it may only be done on Yom Tov with an irregularity.

[17] Piskeiy Teshuvos 495 footnote 52 based on the many Poskim which rule that making ice cream contains a Boneh prohibition which is equally forbidden on Yom Tov.

[18] Admur 509:16

[19] Notice that Admur omitted the words “for joy of Yom Tov” which were added in Rama. Seemingly this is coming to negate the opinion which says that moving Muktzah is allowed for all Yom Tov joys. The Peri Megadim A”A 15 rules likewise that it is limited to eating purposes.

[20] Admur 399:13

[21] Admur 518:5

[22] Seemingly this is coming to negate saying that it may be moved since one is doing so for a food purpose, as it is never allowed to move Muktzah to use it for a food purpose but rather only when removing it from interfering with ones food. [see 509:16]

[23] Admur 509:16

[24] Admur 518:5

[25] Admur 499:13; Piskeiy Teshuvos 509:11

[26] Tzaruch Iyun as here Admur writes for Simchas Yom Tov purpose as opposed to eating purposes, which he writes in 509:16 regarding moving stones and the like. Perhaps then here the inference can be made that it is permitted to move it as well for other Simchas Yom Tov purposes.

[27] SSH”K [21 footnote 13] limits this allowance of moving MMC”K vessels to only cases in which it was not possible to do so from before Yom Tov.

[28] Piskeiy Teshuvos 509

[29] PM”G A”A 509:15 and so is implied from Admur which omitted the words “for joy of Yom Tov” which were added in Rama.

[30] RSZ”A brought in SSH”K 21 footnote 6

[31] Piskeiy Teshuvos 509

[32] Biur Halacha 507:4

[33] Piskeiy Teshuvos 509

[34] Biur Halacha 638:2; SSH”K  21 footnote 5

[35] Piskeiy Teshuvos 509

[36] Beir Moshe 8:161; Rav SZ”A in footnotes on SS”K 21:3 brings reasons that one can be lenient.

[37] SSH”K 21:3