Chapter 308
The Items which are permitted and prohibited from moving on Shabbos
Introduction
Our sages decreed that one may not move certain items on Shabbos in their usual way. This chapter will discuss the details of this restriction, with regards to which type of vessels the restriction applies to, and what forms of moving are restricted. There are different categories of Muktzah, each having their own set of laws. These laws are very complex and a complete understanding of them can only come after learning this chapter in its entirety , the relevant chapters which follow it, as well as additional laws from miscellaneous chapters in the Shulchan Aruch. This will be provided in an organized fashion within the compilation.
The categories of Muktzah and their corresponding laws
Halachas 1-15
Part 1: The reasons of Muktzah
Halacha 1
The prohibition: The Sages prohibited moving certain items on Shabbos in the way they are regularly moved during the weekday[1].
The reason behind these restrictions: For what reason did [the Sages] establish this prohibition? [It is because] they said [to themselves]: If the prophets [even] warned and commanded that one’s [form of] walk on Shabbos should not be like ones [form of] walk on the weekdays, and that one’s [content of] talk on Shabbos should not be like ones [content of] talk on the weekdays, as it says [in the verse written by the prophets] and “you should not talk of domain things”, how much more so then should ones moving [of items] on Shabbos not be like ones moving [of items] on a weekday, in order so that Shabbos not appear like a weekday in one’s eyes. [As if there were to be no differentiation in ones moving habits then] one will come to lift up and fix vessels from corner to corner, or from house to house, or to put away and carry stones and the like, being that [on Shabbos] one does not do any work and thus sits in his house and searches for something [permissible] to occupy himself with. [Hence if he were allowed to move around all these items without restriction, he would do so in order to fill up his time] and it ends up that he did not rest at all, and has thus nullified the reason [behind Shabbos] that is stated in the Torah ‘So that you should rest’ [and thus it appears just like a weekday].
A third reason: Furthermore, [another reason for the Muktzah restrictions is] because some people are [permanently] unemployed, and are thus unoccupied all their lives, such as the tourists and those that sit on the street corners, which throughout all their lives are unemployed, and thus if it were permitted [on Shabbos] to walk and speak and move items as is done on all the other days [I.e. the weekdays], then it ends up that their rest on Shabbos was not recognizably [different then their rest on the weekdays]. Therefore [since] resting from doing the above [walking, talking and moving objects] is a type of rest that is applicable to all people [as even the unemployed talk and walk and move items on the weekdays], hence because of this the [Sages] made restrictions on moving items [on Shabbos] and forbade to move items on Shabbos with exception to vessels which one needs as will be explained.
Part 2: Items that have the status of a vessel and have a use on Shabbos
Halacha 2
Moving items which have the status of a vessel: Any item which has the status of a vessel is permitted to be moved on Shabbos, in the circumstances that will be explained.
Keli Shemelachto Liisur/A vessel meant to be used for activity forbidden on Shabbos: Even a vessel which is used for forbidden work, meaning that it is designated for work that is forbidden to be done on Shabbos, such as an ax which is designated to chop down wood, or a sledge hammer of a blacksmith or of a goldsmith, and the like [may be moved in certain circumstances as will be explained later on in Halacha 12].
Keli SheMuktzah Machmas Miuso/A vessel which is avoided due to its repulsiveness: [Furthermore] even a vessel which is designated for forbidden work which is [also] set aside due to it being disgusting, meaning that a person removes and sets aside his mind from it, due to its repulsiveness, [and thus sets his mind aside] from using it for a any other purpose permitted to be done on Shabbos, such as for example an old earthenware lamp which had not been lit for that Shabbos[2], [then nevertheless] it does not receive the status of Muktzah because of this. [Furthermore] even if it is not capable at all to be used for any other purpose that is permitted on Shabbos due to its repulsiveness, such as for example a lamp, even of metal, which one lit kerosene in, nevertheless even so it does not have the status of Muktzah to become prohibited to move. Rather it is permitted to move it just like all other vessels which are designated for a forbidden use.
The reason for this is because, nevertheless [despite its repulsiveness] it is still useable to cover vessels with.
Halacha 3
Merchandise with which one is not particular against using: [Furthermore] even vessels which one set aside to not be used [at all] for any purpose, such as for example vessels which are ready and waiting to be sold, with which it is not common to use them for any type of usage [in order not to damage the merchandise], nevertheless if he is not particular against using them, [since] he has still not removed his mind from them completely, [meaning he has not completely removed his mind] from using them, therefore they do not have the status of Muktzah to be forbidden to be moved.
Items which do not have a status of a vessel which are set aside to be sold: However the above only refers to items which are an actual vessel, however items which are not actually a vessel, but were given the status of a vessel being that they are useable for certain uses on Shabbos, such as for example shears of wool which are useable to lean and sit on, and the like, then if one placed them in the storage to be sold, one has nullified the status of a vessel which was upon it. It is thus forbidden to move them, even if he is not particular at all against using them, unless one goes back and designates them for a permanent use.
Part 3: Muktzah Machmas Chisaron Kis/Items with which one is particular to not use at all on Shabbos:
Halacha 4
Merchandise: All vessels which are waiting to be sold, and one is particular to not use them for any purpose, [then] even if they are not very expensive vessels, and certainly if they are very expensive vessels, [they are prohibited to be moved at all]. [However food that is set aside to be sold is never Muktzah, as will be explained in Chapter 310 Halacha 2]
Non-merchandise: [Furthermore if they are very expensive vessels, then] even if they are not waiting to be sold [but are privately owned] and are designated for a prohibited use, and one is particular against using them for other uses in order so that their value not decrease, then it is forbidden to move them on Shabbos even if one needs their space. Meaning that [even] if one needs to use for a certain use the space that is under this object [it is nevertheless forbidden to be moved]. As well [it is forbidden to move it] in order to use the body [of vessel]. Meaning [even] if [on Shabbos] one changed his mind and decided to use the body of the vessel for a certain use [then it is nevertheless forbidden to be moved].
([However] this only applies if he changed his mind after Shabbos already began, however if [he already] changed his mind from before Shabbos to use it [for another purpose], then it is permitted to move it being that one’s intentions helps regarding Muktzah [to change its Muktzah status], as will be explained).
This [type of Muktzah discussed in this Halacha] is called Muktzah Machmas Chisaron Kis.
Halacha 5
Other items which have the status of Muktzah Machamas Chisaron Kis: Similarly a knife for slaughtering and for a Bris Mila, and scissors of a barber, and the knife of writers of scrolls which are used to straighten out the quills, since they are particular to not use it for any other purpose which is permitted on Shabbos, [therefore] it is prohibited to move them even [if one changed his mind on Shabbos and decided] to use them [for something] and [even if one needs to use] the space [that is under this object].
Moving a casing which has a Muktzah item inside of it: Nevertheless there is only a prohibition to remove this knife from the casing or to move the casing with this knife in it after one already took out from it all the other knives. However while the other knives are still in it [having been there from before Shabbos and being of more importance than the Muktzah knife[3]] one is permitted to move the casing even though this [Muktzah] knife is also in it. [However this is only allowed if] it is impossible to shake out this knife from the casing or [it is possible but] there is suspicion that it will damage the knife if it is shaken out [and falls], or [if there is no suspicion of possible damage but] one needs [to use] the space that the case is sitting on, [and thus shaking off the knife into that space will not fulfill ones purpose of moving it], as will be explained in chapters 309 [Halacha 4] and 310 [Halacha 7] regarding other vessels that have become a base for prohibited [i.e. Muktzah] and [also] for permitted [i.e. non-Muktzah] items. See there for the reasoning behind all this.
Halacha 6
A chisel which one is particular not to use for other purposes: Similarly a chisel that is used to crush spices, in areas that one is careful not to use it for any other purpose in order so it not get dirty, is [considered under the category of] Muktzah Machamas Chisaron Kis. However in places[4] that people are not particular [against using it for other purposes] it is permitted to move it in order to use it or in order to use the space that is under it, just like [is the law by] all other vessels which are designated for a purpose that is prohibited to do on Shabbos, as will be explained [in Halacha 8].
Blank paper: Similarly blank paper which is designated for writing on is Muktzah Machamas Chisaron Kis, being that one is particular to not use it for any other purpose in order so that it not get dirty[5]. Furthermore, [another reason that it is Muktzah is] since one is particular to not to use it [for anything other than writing], [therefore] it does not at all have a status of a vessel [and is thus Muktzah], as will be explained [in Halacha 8].
Halacha 7
Summary of the above mentioned Muktzah categories[6]:
[In conclusion of the above] we find that there are three different categories of Muktzah by [items which have the status of a] vessel. Two [of these categories] are permitted to be moved and the third is forbidden to move.
[These are:] 1) [An item which is] set aside due to its repulsiveness [such as the earthenware lamp brought in Halacha 2] and 2) [an item which is] set aside from being used for any other use [such as items which one has set aside to sell but is not particular against using, as explained in Halacha 3] are permitted [to move]. 3) [An item] which is set aside due to chance of loss of worth [if it were to be used for other purposes, I.e. “Muktzah Machamas Chisaron Kis“] is forbidden [to move].
A fourth category of Muktzah:
There is a fourth category of Muktzah and this is an item which was Muktzah by Bein Hashmashos [twilight-between sunset and night] due to its being designated for a purpose that is forbidden to be done on Shabbos, and on Shabbos this prohibited [purpose for which it was designated for] no longer became relevant[7]. [Regarding the law of moving this item] there are circumstances for which we are lenient and [there are circumstances for which we are] strict. This will be explained in chapter 310 [Halacha 4-6].
Part 4: Muktzah Machmas Gufo
Halacha 8
Muktzah Machmas Gufo/Items which do not have the status of a vessel: All the above [categorizations] are with regards to items that have the status of a vessel. However any item that does not have the status of a vessel, and is not food for humans and is not food for an animal, such as for example stones, and money, and [pieces of] wood, and bamboo, and beams, and dirt, and sand, and flour, and dough (of a Jew, however of a gentile there are those which permit it as will be explained in chapter 310 [Halacha 3]) and a dead body, and animals, anything of the like [are forbidden to move]. [Furthermore] even something that is useable to do with it a purpose which is permitted to be done on Shabbos, such as for example stones which are useable for breaking [the shells of] nuts, and pebbles which are useable to cover vessels with, and anything else of the like, since they do not have a status of a vessel, it is forbidden to move them even in order to use it [to do something with] and [even in order] to use the space that it under it, with exception to the [permitted] ways [of moving] that will be explained [in Halacha 53].
This [type of Muktzah] is called Muktzah Machmas Gufo [i.e. because of itself].
Halacha 9
The status of Non- Kosher foods that are prohibited in benefit: Included in [the above category-Muktzah Machmas Gufo] of Muktzah are foods which are forbidden to benefit from[8], [meaning] that one may not feed them even to dogs. [Furthermore this applies] even if the food is only Rabbinically forbidden [in benefit], such as for example Stam Yayin[9] or foods of the like of this.
[Furthermore] even if the prohibition [of benefiting from the food] is only relevant for that day itself meaning it is only prohibited on Shabbos], such as for example Tevel[10] which can [have its tithes removed] after Shabbos and then be eaten, [and] its only [forbidden to be eaten on Shabbos] because on Shabbos it is Rabbinically forbidden to remove its tithes, as will be explained in chapter 339 [Halacha 7], and [so too] anything of the like of this, is Muktzah Machmas Gufo and is [thus] forbidden to be moved even in order to use it [to do something with] and [even in order] to use the space that is under it.
However if these foods are not designated for dogs despite their prohibition [in being eaten by a Jew], because their eating prohibition is only on Shabbos, such as for example juices which have flowed out from fruit on their own on Shabbos, which are forbidden to drink only on that day, and so too an egg which was laid on Shabbos which is forbidden to eat it only on that day, and similarly milk which was milked [from the animal] on Shabbos which is forbidden only on that day and so too all cases of the like, [then] even though they are allowed to be fed to dogs nevertheless since they are not designated for this, but rather [are designated] for humans to eat after Shabbos, [therefore] it is forbidden to move them even in order to use it [to do something with] and [even in order] to use the space that is under it.
Muktzah Machmas Mitzvah
Halacha 10
Another category of Muktzah-Muktzah Machmas Mitzvah: There is another category of Muktzah amongst food and drinks, which apply on Shabbos and Yom Tov which is [called] Muktzah Machmas Mitzvah, and will be explained in chapter 638 and chapter 514 [Halacha 24].
Part 5: Miscellaneous laws regarding the above mentioned categories
Halacha 11
Is a very large vessel Muktzah?
Any item which has a status of a vessel, even if it is very large and heavy, [nevertheless] its status as a vessel is not nullified from it [and is thus permitted to move], irrelevant of its size and irrelevant of its weight.
Similarly the same applies to a large stone or a large beam, even if [it takes] ten people to carry it, [nevertheless] if it has the status of a vessel, such as [before Shabbos] one designated it to carry for a certain use, as will be explained [in Halachas 50-53], then it is permitted to move it on Shabbos.
Halacha 12
For what purposes may a Keli Shemilachto Liisur be moved for?
A vessel which is designated for a use forbidden to be done on Shabbos, is permitted to be moved, whether to use it, such as for example [one may use] an axe to cut a brick of pressed dates and [one may use] a hammer to crack nuts, or even to place vessels on top of it and the like, [as well it may moved] in order to use the space that is under it.
Moving it to save it from damage: However [to move it] in order to benefit the vessel itself, such as for example that the vessel is found in a place where one fears that it may be stolen from, or [is in a place that one fears] that it may fall and break or if it is in the sun and he fears that it may crack [if it is left] there, and he [thus] wants to move it to a shady area, as well as any other examples of the like, it is forbidden [to move it].
[However] if one has in mind to use it for something in a different area, or that he has in mind to use the space that is under this item for something [else], then it is permitted to move this object from this area [which may cause the item damage], even though his main intention in moving it [from there] is in order that it not get stolen or break [while] in this place.
Halacha 13
If a Muktzah item has been picked up does it need to be placed down right away?
When one moves [an item] for the need of its space, he does not need to immediately let go of it from his hand after having removed it from the wanted space, rather he may place it anywhere that he wants to have it put away, as since it is already in his hand he is allowed to move it more than he requires [to free up the space].
[Furthermore] even if one forgot and took with his hand [an item which is] completely Muktzah [i.e. may never be moved], [nevertheless] he is allowed to move it to anywhere he wants since it is already in his hand.
Other Opinions: [However] there is an opinion[14] which prohibits [this] with an [item that is] completely Muktzah.
The Final Ruling: It is proper to suspect for the stringent opinion [and thus place a totally Muktzah item down immediately if picked up] unless it is a case of loss, as explained in chapter 266 [Halacha 19].
Halacha 14
May one touch a Muktzah item?
All Muktzah is only forbidden in moving it, however it is permitted to touch it with one’s hand, as long as that one does not shake [at all] even a part of it, as was written in chapter 265 [Halacha 6].
Therefore [for this reason] it is permitted to touch a candelabra that has candles lit in it, as long as it is not hanging in the air, as was explained there [in chapter 265] [and as long as] it is not inside a heater which has fire inside of it.
Removing an item from on top of a Muktzah item: Similarly it is permitted to remove a permissible item [non-Muktzah] that is resting on top of something Muktzah, as was explained there [in chapter 265].
May one place an item on top of something Muktzah: Similarly [one may] place [a non-Muktzah item] on top of a Muktzah item.
May one sit on a Muktzah item: So too it is permitted to sit on a Muktzah item even if it will shake underneath him, as this is considered moving it in an irregular way[15], [however this is only] as long as he does not touch it with his hand, as will be explained [in Halacha 15].
The reason that the above is allowed is: because all [the items that are considered] Muktzah do not have a prohibition against benefiting from them, to use them for something which does not involve moving it.
Doing an action to the Muktzah item without moving it: [However this is only allowed] as long as one is not doing an action to the actual Muktzah [item] through using it, which is not the case when on Yom Tov one lights a fire under Muktzah wood [and burns the wood using it as fuel], as even though he does not move the [wood] at all, [nevertheless it is forbidden as he is doing an action to the Muktzah], as will be explained in 501 [Halacha 11].
Halacha 15
May one move a Muktzah item using parts of his body other than his hands?
All Muktzah is only forbidden to move in the regular way that is done during the week, which is by using ones hands. However it is permitted to move it with one’s body, as will be explained in chapter 311 [Halacha 15].
This [moving with one’s body] is called “moving an object with an irregularity”[16] which [means that it is moved] differently than the way it is moved during the week.
Therefore it is permitted to move a Muktzah [item] with ones feet, to move it from one place to another while he is walking, [if he needs to move it] because he needs its space or even [if he wants to move it] for the benefit of the Muktzah itself, in order to hide it [so it not get stolen or broken] (See chapter 311 [Halacha 15]).
Blowing a Muktzah item: Certainly there is no need to mention that that it is permitted to move a Muktzah [item] through blowing [it] as there is no greater irregularity then this.
The laws of vessels designated for permitted use
Halachas 16-18
Halacha 16
Moving a vessel which is not Muktzah/Keli Shemilachto Liheter:
A Keli Shemilachto Liheter which means [a vessel] that is designated to be used for purposes that are permitted to be done on Shabbos, such as for example a cup and plate and the like, are permitted to be moved even if one does not need to [move them in order to] use them or use their space, but rather [he wants to move it] for the benefit of the vessel itself, as he fears that it may otherwise break or get stolen from there, and [he thus wants to] move it from there in order to hide it, or he [wants to] move it from being under the sun and into a shady area as he fears that it may otherwise crack.
Now, after some time when the Sages saw that the population returned to being a little more careful about the Shabbos prohibitions, they then retracted and permitted to move any vessel which is designated for a permitted purpose [if he is moving it] in order to use it or its space. Later on when they saw that the people returned to being even more careful, they then retracted [further] and permitted to move any vessel which is designated for permitted use, even [to move it] for the benefit of the vessel itself.
However to move it for no need at all the Sages still never voted to permit, and thus it remains under its original prohibition which was forbade by decree of the Sages of the times of Nehemiah Ben Chakilia.
Halacha 17
The law regarding moving food and Torah books: However any type of food or liquid which is permitted [to be eaten] on Shabbos, and any types of books which are permitted to be read from[18] [on Shabbos] is permitted to move even if one has no need [to move] them at all.[19]
The reason for this is: because the [sages] in the times of Nehemiah only [originally] decreed against [moving] vessels and not [against moving] food or books, and thus [food and books] remain today in the same status as they were before the decree made in the times of Nehemiah, [and before the decree, the status] was that it is permitted to move anything which is fit to be used on Shabbos even if he has no need [to move it] at all. [Thus also now books and food which were never decreed against may be moved for no need at all].
The vessels that were included in the decree of the times of Chizkiyah: [Books and food were not included ever in any decree of Muktzah,] however vessels [including] even cups and plates and knives and the like, were all included in the decree which they made [in the times of Chizkiyah], as they also decreed on these items that they may only be moved for their specific purpose and [may] not [be moved even] for [the purpose] of using their space [that is under them], and [as well may] not [be moved] for a purpose that it has not been designated for.
The reason that these vessels were also included in the decree is: because they only excluded [these vessels] out from the general decree of [not being allowed to move for any purpose, which was made against all] other vessels, because the need that one has to use these vessels is much greater [than the need] to use other vessels. Thus [logic dictates that since this is their reason of exclusion to not be totally forbidden to move] therefore it is only allowed to be used for its specific purpose alone [for which it was excluded for from the general decree, and not for any other purpose].
[Now, although these vessels were excluded from the general decree, nevertheless] afterwards when they [retracted and] removed [some of the restrictions of the general decree] and then again retracted [further] and permitted to move all vessels that are designated for a permitted purpose even for the benefit of the vessel itself [to save it from damage], also cups, knives and plates and the like were included in this [retraction of restrictions]. [However ] the [second retraction] only permitted to [even] move the vessels for their own benefit, however [it did] not [permit] to move them for no need at all
Halacha 18
Moving an object for a non-immediate use: Nevertheless [despite the prohibition to move an item for no need], it is permitted for a person to carry a knife on him even when he goes to Shul, in a place where there is an Eiruv, even if he has no need to bring the knife there, [as long as] he will have a need for it afterwards on that day.
The reason for this is because: the Sages only forbade moving [an item] without need if one will not need [to use] it the entire day. However if he will use it that day and he is carrying it with him in order so it be readily available for when the time comes [that he needs it], then it is permitted, as since his desire to carry the item is in order so it be available for him, this is considered moving it for a use.
Cases of vessels designated for prohibited use
Halachas 19-21
Halacha 19
Under what status of Muktzah do Tefillin fall under?
Phylacteries do not have the same status as the holy [Torah] books and not even [the same status] as a vessel which is designated for permitted use. [Rather they are considered designated for a forbidden use, as will be explained, and are thus forbidden to be moved for their own benefit.]
The reason for this is: because it is forbidden to go out with them [even while wearing them] to a public domain, and any item which is forbidden to wear outside [into a public domain on Shabbos], is forbidden to be worn at all on Shabbos even inside ones house, [for the reason that if one were allowed to wear them in his house then] he may come to forget and go out wearing them [into a public domain], as explained in chapter 303 [Halacha 23]. [Now since it is forbidden to wear the Tefillin at all, they are considered designated for a forbidden use, and thus may not be moved for their own benefit.]
[Now,] even according to those which permit there [in chapter 303] to wear [Tefillin] in ones house, [and thus according to them the Tefillin do have a permitted use, nevertheless], the phylacteries are [still] not considered a vessel which is designated for a permitted use [for a different reason], being that they are designated to be worn specifically for the purpose of the Mitzvah, and on Shabbos its forbidden to wear them for the purpose of a Mitzvah, as explained in chapter 31.
For what may the Tefillin be moved? Therefore [being that according to all the Tefillin are considered designated for a forbidden use] it is forbidden to move them even for their own benefit, such as for example [it would be forbidden] to [move them in order to] hide them from getting stolen if they are in the place where most of the thieves that are found there are Jews, in which case [even if they would get stolen] the phylacteries would not come to be desecrated by being in their hands [being that they are Jews. However if the majority of the thieves are gentiles, one is allowed to hide them, as otherwise they will come to be desecrated.]
The reason why Tefillin may be moved to use or for their space is: because nevertheless they have the status of a vessel and of clothing, [as is seen from the fact that] if one wears them outside into a public domain he is exempt [from the Biblical transgression of carrying] being that they are worn as an article of clothing and ornament [which is Biblically allowed to be worn in Public on Shabbos] as explained in chapter 301 [Halacha 3].
Halacha 20
The status of Musical instruments:
Similarly a Shofar or a trumpet and other musical instruments are forbidden to be moved, unless it one is doing so in order to use them [for a permitted purpose] or in order to use their space that is under them, as is the law by a vessel that is designated for a prohibited use, being that it is forbidden to blow or play an instrument on Shabbos as will be explained in chapter 588 [Halacha 4] and 339 [Halacha].
Halacha 21
What is the status of a vessel which is designated both for a permitted and forbidden use?
A vessel which is designated for both a permitted and forbidden purpose [irrelevant to what it is most used for[21]] is permitted to be moved even for the benefit of the vessel itself, [just] as is the law by a vessel which is [only] designated for a permitted use, being that [this vessel] is also designated for permitted use[22].
More Muktzah Rules:
Halacha 22
May one move a Muktzah item which has food inside it?
A grinder which contains garlic, or [other foods of] the like which are ground inside of it, is permitted to be moved even for its own benefit, even though it is a vessel that is designated for a forbidden purpose[23].
The reason for this is: because the grinder is secondary and [thus] nullified to the garlic inside of it, just like a vessel is secondary to the food inside of it, [and thus] it is as if one is moving only the garlic, which is permitted to be moved for even no need at all.
Does placing a baby or bread on a Muktzah item remove its moving restrictions? However if one places inside the grinder a loaf of bread or a baby or other items that are permitted to be moved which the grinder is not considered secondary to, then it [nevertheless remains] forbidden to move it for its own benefit [i.e. to save from damage], despite this, as only by a dead person alone [did the Sages] permit one to be allowed to move [the corpse] from out of the sun into the shade through [placing] a loaf of bread or a child and the like [on top of the corpse] as will be explained in 311 [Halacha 1].
Halacha 23
What is the status of an object that was made into a vessel on Shabbos? 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[24], is permitted to be moved and one may use it in the ways explained in chapter 252 [Halacha 11-12] and in chapter 311 [Halacha 3]. [This applies] even though one did not have in mind before Shabbos to move it on Shabbos.
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].
The laws of Muktzah regarding pieces of vessels which have shattered
Halachas 24- 33
Halacha 24
What is the status of pieces of a non-Muktzah vessel that shattered on Shabbos? Similarly 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, this is considered Nolad , as a new vessel was created on Shabbos and it is permitted [to be moved] on Shabbos.[25]
The law on Yom Tov: However on Yom Tov [it is forbidden to move them] 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].
Halacha 25
If the broken pieces are still fit for their original purpose: 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 into, then this is not considered Nolad and is permitted to be moved even if they broke on Yom Tov.
Halacha 26
If the broken pieces are no longer fit for any use: [However] if the broken pieces are not fit for any purpose, they are completely Muktzah being that they no longer have the status of a vessel on them at all, and is thus forbidden to move them on Shabbos, whether [the vessel] broke on Shabbos or whether it broke on a weekday.
On Yom Tov: However regarding Yom Tov, if it broke from before Yom Tov it is permitted to move them in order to fuel a fire if the [material of the broken pieces] are fit for this, just like that it is permitted to move on Yom Tov other woods which are set aside for fuel even though that [these woods] do not have the status of a vessel.
Halacha 27
What is the status of a the pieces of a Muktzah vessel that shattered on Shabbos? All the above is referring to a vessel that is permitted to be moved [i.e. is not Muktzah] which broke. However a vessel which is Muktzah Machmas Chisaron Kis which broke, then even though the broken pieces are not Muktzah Machamas Chisaron Kis[26], [nevertheless] if it broke on Shabbos or Yom Tov it is forbidden to move them that day.
The reason for this is because: once [the vessel] has been set aside from one’s mind[27] by Bein Hashmashos [of Erev Shabbos or Erev Yom Tov] being that the Muktzah vessel was still whole, it is considered set aside [from one’s mind] for the entire day [of Shabbos or Yom Tov], as will be explained in chapter 310.
Halacha 28
May one move Muktzah items if they are a safety hazard?
All broken pieces which are forbidden to move, even those which are not fit for any purpose [at all], [nevertheless] if they are found in an area that is able to cause damage, such as for example a glass vessel which broke on a table or in a place where people walk, then it is permitted to move the broken pieces in order clear it from the area, and thus prevent a safety hazard to the public.
[Now] even though that [if they are not removed] people will walk on them and break them [even more, and thus we should remove them in order so they not transgress the prohibition of breaking things on Shabbos, nevertheless it may not be removed as in truth] there is no problem in breaking it more, as the prohibition of breaking earthenware only applies when intentionally breaks it so that it be fit for [another type of] use, in which case it is prohibited because by doing so he is creating[28] a vessel, as will be explained in chapter 310[29] .
Halacha 29
How large of a piece do the broken pieces have to be to be considered still fit for a use: A piece of earthenware which broke off a vessel, whether it [broke] during the week or on Shabbos and it is fit to [use to] cover a vessel, then it is permitted to be moved even in an area where there are no available vessels to be covered by it, such as for example if the pieces are found in a public domain, [nevertheless] it is permitted to move them within a four cubit radius [of the piece[30]], since these pieces have the status of a vessel when in a courtyard that has vessels..
By other vessels: This same law applies [also] with pieces of other broken vessels [that if they are fit to cover a vessel, then they are not Muktzah, even if they are in a public domain]. However by other vessels there are those of them which their broken pieces are forbidden to be moved unless they are a large enough size[31], such as for example the broken pieces of a kneading bowl [need to be large enough] to be fit to cover the opening of a barrel, however if they are not [large enough to be] fit cover the opening of a barrel, then even if they are [large enough to be] fit to cover the opening of a vessel that is smaller than a barrel, [nevertheless] they do not have the status of a vessel at all.
The reason for this is: because the small broken pieces of a kneading bowl are usually thrown away into the trash, [as][32] it is not usual at all to designate them as covers for the opening of a vessel smaller than a barrel. However a piece of earthenware, even if it is small, is sometimes common to designate it as a cover for the opening of a small vessel, [and] therefore it retains the status of a vessel even if one did not yet designate it [to be a cover].
Halacha 30
If the pieces of the broken vessel were thrown out before Shabbos: If a [piece] was broken off a vessel during the week and one threw it away before Shabbos, it is forbidden to move [that piece] on Shabbos, since one has set aside [his mind] from [ever using it to] cover vessels with, and has thus nullified it from having the status of a vessel anymore.
Are the thrown out pieces Muktzah even for paupers? [Furthermore] even if [the piece] is fit for paupers to use as a cover for vessels, and its only that the owner is rich and threw it out [regardless], nevertheless it is forbidden to be moved by [even] all the paupers in the world, being that the [status of a vessel] always goes in accordance to [the status that it has for] its owner, as will be explained [in Halacha 41 and 89].
Halacha 31
If the pieces of the broken vessel were thrown out on Shabbos: However if one threw [the piece] into the trash on Shabbos, then it is [still] permitted to be moved, being that it had the status of a vessel by Bein Hashmashos [of Erev Shabbos], which is the beginning of the entrance of Shabbos [and as already explained in Halacha 27, the status of a vessel is determined by what its status was by Bein Hashmashos of Shabbos].[33]
Halacha 32
Moving Muktzah through a gentile: However through a gentile it is permitted to move any Muktzah when [one is] not [moving it] for the benefit of the Muktzah itself, as explained in chapter 276 [Halacha 9-10].
Halacha 33
The status of a broken wick: The broken pieces of a wick which are no longer useable to be used to light a candle with, have the same status as pebbles and stones which are forbidden to move even in order to use them or to use their space. However a whole wick, even if it had already been lit during the week or the previous Shabbos, is [still] considered a vessel, and has the status of a vessel which is designated for a prohibited use, which is permitted to move in order to use or in order to use its space.
However if [this wick] had been lit by Bein Hashmashos of this Shabbos[35], then it has been set aside for the entire day [of Shabbos, and is Muktzah] as explained in chapter 279 [Halacha 1].
The status of a candle: Similarly a whole candle made of bees wax or of fat, even if one had already lit it on the weekday or on the previous Shabbos it is nevertheless considered a vessel which is designated for a prohibited use.
The laws of vessels which have had parts become detached from them
Halachas 34- 47
Halacha 34
May one move the doors of vessels which have become detached?
All the vessels which have permanent doors on them, whether the doors are on the side [of the vessel] or whether they are a lid on top of the vessel, and the doors became detached from them, then whether they were detached on Shabbos, [or] whether they were detached from before Shabbos, it is permitted to move these doors [on Shabbos].
The reason for this is: because when these doors were attached to the vessel, these doors also received the status of a vessel due to the vessel that they were attached to[36]. Now, even if they afterwards become detached from the vessel, the vessel status which they had already received does not leave them, because they [still] remain fit to be returned and be reattached to the vessels.
Halacha 35
May the door of a house that has come off the hinges be moved?
Halacha 36
How does a non-vessel receive the status of a vessel?
An item which does not have the status of a vessel which one made into a lid of a vessel receives the status of a vessel through doing so, and one is thus permitted to move it just like any other vessel. [However, if one never used the vessel yet as a cover, then this status only applies] if one altered it and did an action to it and prepared it for this [new job] in a way that the alteration shows that it is [now] designated for this [new job]. [When an alteration was done it receives the status of a vessel] even if one has never yet used this item as a cover.
Is the above alteration needed if one had already began using the item as a cover? [However] if one had used this item as a cover before Shabbos, even if this had only been done once, then it receives a status of a vessel, and is permitted to move it on Shabbos even if he has not done to it any act of alteration.
However this only applies by an item that is regularly made into a lid, such as for example pieces of boards and the like. However an item that is not common for it to be made into a lid, then even if one had used this item many times as a lid during the week, such as for example one who used a stone to cover the opening of a barrel many times, it is [nevertheless] forbidden to move it on Shabbos, as will be explained [in Halacha 53].
Halacha 37
May one move the lid of a pit/sewage?
However a vessel which is not completely buried into the ground, even though it is attached to the ground, such as for example the ovens of the old days which were like a pot and had their bottoms attached to the ground with clay, these lids do not need a handle [to be allowed to be moved]. However our ovens [today] which are built on the ground[38], their covers have the same law as the cover of a Dus pit which need a handle [to be allowed to move].
Halacha 38
Is a needle Muktzah?
A whole needle is permitted to be moved to take out a splinter, as is the law regarding a vessel which is designated for a forbidden use, which is permitted to be moved in order to use it.
How may one remove a splinter on Shabbos: One needs however to be careful when removing the splinter to do it in a way that it will not inevitably cause blood to come out in the process of removing it, as doing so [in a way that will for certain extract blood, transgresses the Melacha of] Chovel even if one did not intend to extract the blood, as one is removing it out in a way that it is inevitable for blood not to come out[39]. [Thus] for example, if the thorn turned upside down while trying to remove it and it is [now] impossible to take it out without extracting blood, then it is forbidden to remove it.
Halacha 39
A needle which has lost its head or its hole: However a needle which had its pointy head or its hole broken off, is forbidden to move because its status as a vessel has been annulled.
A new needle which did not yet have its hole made in it: A new needle which does not have a hole made in it yet is permitted to be moved in order to use, as at times a person changes his mind and decides to leave it this way without a hole, and designates it for removing splinters. Therefore it has the status of a vessel on it even if he has not yet actually designated it.
The reason for this: This [ruling] is opposed to [the ruling by] a needle which had its head broken off [being that in the latter case] the person [usually] throws it out into the [junkyard of the] other broken metal parts [and is not common for him to designate it for a use].
Halacha 40
Are worn out rugs or floor mats Muktzah?
The remains of mats which have worn out, even though they are no longer fit to sit on them, are permitted to be moved, being that their status of a vessel has not been removed, being that they are still fit to be used [as a rag] to cover a dirty area[41].
[However] if one threw them into the garbage before Shabbos, then it is forbidden to move them, as explained above [in Halacha 30] regarding the broken pieces of other vessels.
Halacha 41
Are worn out rags Muktzah?
However rags, which are the remains of worn out clothing, if [each piece] does not contain [a measurement of] three by three fingers[42], it is forbidden to move them, being that they are not fit to be used either by poor or rich people.
If they are three by three: [However] if they are three by three [fingers], and they belong to a pauper, it is permitted for all the paupers in the world to move it, being that they are fit for paupers to be used as patches for clothing, unless they have been thrown out by their owners from before Shabbos [in which case they are Muktzah even for paupers]. [However even when they have not been thrown out, they are only permitted to be moved by paupers] however rich people are forbidden to move them unless they are [a measurement of] three by three Tefachim[43], as then they are fit to be used also by rich people.
What is the law for a rich man who lives by a poor man? If a rich person lives by a poor person that owns rags [of three by three fingers], then he [the rich person] follows after the [status of the] owner of the house [which is poor] and it is [thus] permitted for [even] him [the rich person] to move it, even though that they are not fit him to use, being that are fit to be used in the house that he is living in.
What about if a poor person lives by a rich person? However the rags of a rich person which are less than three by three Tefachim are forbidden, for even all the poor people of the world.
The reason for this ruling is because: even the broken pieces of all other vessels do not have the status of a vessel on them, even if they are fit to be used for wiping, unless they were designated for this use. As well [even] if they are fit to lean a vessel on them and were not designated for this [they still do not receive the status of a vessel], unless they are fit to be used to cover a vessel with, as explained above [in Halacha 34].
Halacha 42
May one remove a shoe from its shoe-tree? A shoe, whether new or old, which is fastened onto a shoe tree[44] is permitted to be removed from it, whether by removing the shoe tree from the shoe or whether by removing the shoe from the shoe tree. As there is no prohibition involved in moving the shoetree, as the shoe tree has the status of a vessel, and it is just that it is designated for a prohibited use[45], [of which the law is] that it is permitted to move it in order to use its space, which in this case refers to the inner space of the shoe in which the shoe-tree is inside of.
Halacha 43
Is a broken sandal Muktzah? The sandals of the old days had two straps which were attached to both sides [of the sandal]. One [strap served as the side] of the inner part [of the sandal] which is between the two feet, and one [strap served as the side] of the outer part [of the sandal]. [Now,] both of these straps were fastened on the upper part of one’s foot in order to secure the two sides of the sandal onto his foot [and thus allow him to walk with them] as [in those days] there was no [other] leather part on the sandals besides for the sides of the sandals alone, [and thus] the upper part [of the sandal] was completely open. Hence it required two straps to secure both sides of the sandal onto ones foot, and if one of these straps tears it would be impossible to walk with the sandal until it were fixed[46].
Nevertheless [even if this were to occur on Shabbos] one is permitted to move it, even if it tore together with its set area of attachment[47], as [nevertheless] it still has a status of a vessel upon it, being that the sandal is still fit to [have the strap] returned to it and fixed.
However this only refers to if the inner strap which is between the feet [was torn] as in such a case if it is fixed, it will not be noticeable [and thus one will not refrain from wearing it]. However if the external strap [tore], then [since] it is not common to fix it being that the fixed area is noticeable to all, and is embarrassing, therefore the sandal has been nullified from having the status of a vessel and is [thus] forbidden to be moved. [A broken sandal of this case] is not similar to the broken pieces of other vessels which are permitted to be moved being that they are fit to be used to cover vessels, as it is not common to use a sandal to cover vessels with, being that doing so is repulsive.
Halacha 44
What does one do if his sandals broke while walking? If ones sandal broke while walking in a Karmalis[48] then the [Sages] permitted for him to take a moist [detached] weed which is animal food, and is thus permitted to be moved, and to bind it on the sandal and tie it, in order to secure it so it not fall off his foot. However it is forbidden for him to tie a thread over it or a cord, as perhaps he may decide to have them nullified to be established there forever, [in which case] it ends up that he has made a permanent knot [on Shabbos].
If they broke inside ones courtyard: [Furthermore] even with a moist weed the [Sages] only permitted [for one to tie it to the sandal] when in a Karmalis, as if one will not do this, and will [thus have to] leave his sandal there, it will get stolen from there. However [if ones sandals broke] in ones courtyard, being that it is safe to leave [the sandals] there, it is forbidden to fasten a weed onto it, as perhaps he will decide to have it nullified to be established there [on the sandal].
This applies whether the inner strap broke or the outer [strap] broke, although that if the inner [strap] broke then it is permitted to move it in order to hide it within a more private area within the courtyard, while if the outer [strap] broke this is forbidden [as it is Muktzah,] as explained [in Halacha 43].
Halacha 45
The status of our sandals today: All the above only applies to the sandals of the old days, as when the strap breaks it is impossible to wear at all. However our sandals, [since] even if the straps tear they are fit to be worn, and [thus] have the status of a vessel on them, [therefore] it is permitted to be moved in any situation.
Halacha 46
May one remove a shirt from a Muktzah hanger? A shirt which was laundered and was placed on a [hanger made of a] stick from before Shabbos, in order to hang it there in order to dry, one is permitted to remove [the shirt] off the stick [on Shabbos].
May one remove the hanger? However to remove the stick from within it is forbidden because it is not a vessel, unless one [previously] designated the stick for this use, in which case it receives the status of a vessel through this designation, as will be explained [in Halacha 53].
If one hung [the shirt] on a vessel then one can remove the vessel from inside [the shirt], even if the vessel is designated for a prohibited use, as this moving [of the vessel] is in order to use the space that the vessel is taking up, which is the inside of the shirt which the stick is found within.
Halacha 47
An oven which had one of its legs detached: A Kirah oven which had one of its legs detached from it, meaning its pegs which are similar to legs, is forbidden to be moved in order to use it, due to a decree that [if one were allowed to use it] he may come to replace the leg and will insert it there strongly and will thus be liable for [transgressing the prohibition of] building.
A bench which had one of its legs detached: Similarly a long bench which one of its legs became detached, and certainly if two legs [became detached] is forbidden to move and to place it onto another bench and to then sit on it, even if the leg fell off from before Shabbos, unless one already sat on the bench in this way one time before Shabbos without having replaced its leg, in which case we do not suspect that one will change his mind to return [the leg] and insert it on Shabbos.
May one reinsert the leg loosely into the bench? It is forbidden to reinsert the leg in it on Shabbos even loosely, due to a decree that one may come to insert it strongly, unless it is always usual for the leg to be loose inside the bench, as will be explained in Chapter 313 [Halacha 21].
What is the law if the leg actually broke? All the above is referring only to when the leg has become detached [from its socket and thus only needs to be inserted back in]. However if it [actually] broke[49], one is permitted to move the bench and place it on top of another bench, and sit on it, even if one did not sit on it in this way from before Shabbos, as in this situation there is no suspicion that one may come to return [the leg] and insert it strongly, as the top part of the leg has remained inside the bench [and thus fixing it in this method is not relevant].
Designating non-vessel items for a use
Halacha 48
Are Bricks Muktzah?
Bricks that have remained after a building has been finished, are permitted to be moved, as they are now no longer designated to be used for building, but rather to lean and sit on them, and therefore they have the status of a vessel. However if one organized the bricks one on top of the other, then he has revealed his intention that he has designated them for building with, and they are thus forbidden to be moved as they do not have the status of a vessel upon them.
Halacha 49
May one remove a dangerous object from a Public area?
A thorn which is in a public domain is permitted to be moved less than 4 cubits at a time, until he removes it to the sides of the public domain. [If found] in a Karmalis one is to carry it in a regular fashion, even a long distance, with having lifted it up only once[50].
The reason that this is permitted is : because we suspect that perhaps [if the thorn were to be left there] then it will cause injury to the public, and in a case of a public safety hazard the Sages did not make a decree against carrying [for a distance of] 4 cubits in a Karmalis or [carrying] less than 4 Amos at a time in a public domain, as well as [they did not apply their decree against] moving Muktzah [in such a situation].
Halacha 50
The law of palm branches:
There are some palm branches that people designate for sitting on while others are designated to be burned [as fuel for a fire], just like other [branches of] wood.
If one latter decides to designate the branches for sitting: However if one afterwards changed his mind and decided that they should be designated and specified for sitting on, until they will need to be cleared [from the area], then this thought [to use them for sitting] over-rides the original thought [which was to use them for burning], if he changed his mind and decided this before Shabbos. Thus they receive the status of a vessel, and it is permitted to move them on Shabbos, to organize them to sit on.
[This applies] even if at the time that he changed his mind during the week to use them for sitting, he did not have in mind explicitly [to] also [use them for sitting] on Shabbos, and rather had changed his mind with regards to using them to sit on during the week.
If one thought about sitting on them only for that Shabbos: [Furthermore] even if he did not change his mind to designate and specify them for sitting, but rather just thought about them before Shabbos to use to sit on them only the next day, [which is] on Shabbos, while after Shabbos he plans to use them for burning, [nevertheless] it is permitted to move and organize them to be sat upon on this Shabbos.
Halacha 51
If one did not think about sitting on them on Shabbos but did sit on them before Shabbos: Even if one did not think about them at all to be used for sitting, but it happened to occur that he sat on them for a little bit [of time] from before Shabbos, then it is permitted to organize them and sit on them [on Shabbos]. As well he may [even] move them in order to use their space or for their own benefit [such as to save from damage] just as [is the law] by vessels that are designated for permitted use.
The reason for this leniency is: because since it is common for palm branches to also be designated for sitting, therefore since he had sat on them, they have [automatically through this] become designated for sitting upon, and have thus received the status of a vessel [which is designated for permitted use].
Halacha 52
Designating for sitting purposes pieces of wood, and bricks which are used for building:
However by other pieces of wood, as well as a pile of stones [designated for building with[51]], even if one has sat on them many times during the week, and has also thought about them to be designated for sitting upon also on the [future] Shabbosim, until the time comes that he will need to clear them from there [in order to use them for building], [nevertheless] they do not receive the status of a vessel through this.
The reason for this is: because it is not common for other pieces of wood and stones to be designated for sitting on, being that it is not as comfortable to sit on them as it is [to sit] on palm branches. Therefore they do not become designated for sitting on through one sitting on them, or through thinking [to use them to sit upon] alone, so long as one has not designated them to be used for this purpose permanently.
If one did a great action to designate them for sitting: [However] if one did a great action to prepare them for sitting, meaning that he organized them before Shabbos so they be ready to be sat on the next day, [then it is permitted to move them in order to sit on them on Shabbos], as such a great action helps to give them the status of a vessel, even though they are not commonly designated for sitting on. However if one [merely] polished them before Shabbos in order to sit upon on them the next day, this is considered a minor action and does not help at all [to give them the status of a vessel].
May one sit on the items the way they are even if no action was done to them? All the above [methods] is only regarding making it permissible to move the wood and stones on Shabbos in order to organize them to be sat upon. However [if one wants] to [just] sit on them the way they are found, without touching them to be organized, it is permitted in all cases, even if one never had sat on them beforehand, and had no thoughts at all about [using them for sitting] and did not do to them any action from before Shabbos, as all Muktzah is only prohibited to be moved [as opposed to touch].
[Furthermore], even if through sitting on them one causes them to shake underneath him, [nevertheless] this is not [Halachicly] considered moving it, as it is moving it in an irregular way [which is permitted to be done to all Muktzah].
When a great action has been done, for what may the items be moved for? To move the items not for a sitting purpose but rather to use their space or for another usage, is forbidden in all cases, as the action of organizing the [items before Shabbos] only helps to be allowed to move them for the purpose of sitting on, as it was for this purpose that they were organized for.
Halacha 53
Designating the above items to cover a barrel and the like:
It is forbidden to move chopped wood or a stone to cover the opening of a barrel or to close a door or to use them to knock in the faucet [of a barrel so that] the hole in the barrel be closed, even if one has already used them for this purpose many times during the week and has also thought from before Shabbos about using them for this on Shabbos. [Nevertheless] this does not help at all unless one designated them for this purpose forever. As when they are designated for this purpose forever they receive the status of a vessel through this.
Designating the above items for a common designated use: The above only applies to [using the wood and stone to] cover the opening of a barrel and to close a door and to knock in a faucet and uses of the like, of which it is not usual for wood and stone to be designated for this.
However if one thought about them to use them the next day [on Shabbos] for a purpose which they are regularly designated to be used for, such as for example one though about using a stone to crack nuts with the next day [on Shabbos], then even if one designated them for this use for only this Shabbos, [nevertheless] it is permitted to move them for even any need, being that they are fit to be designated for this use forever, and it is common to do so. Therefore it suffices to do a light preparation to designate it for this use. Meaning that [even] thinking [about using it] for this Shabbos alone [designates it for this purpose], or [alternatively] if he has already used it for this purpose before Shabbos even only once, it is considered designated for this [purpose] even though he did not think about using it for this specific Shabbos.
Halacha 54
Using a vine as a rope to help draw water with:
A [detached] vine which has its head split like a fork and is [thus] fit to [use to] hang a bucket on and to [thus use to] draw [water] with, [such as to place it down a well to draw water, using the vine as a rope to place it down and bring it back up], then even if one thought about this from before Shabbos to use the [vine] to [help] draw [water] with on Shabbos, [nevertheless] it is forbidden to use it to draw with, unless the vine was tied to the bucket from before Shabbos.
The reason for this is: due to a decree that perhaps the vine will be too long for him, and one will cut it, being that it is soft and easy to be cut, and will thus end up [transgressing the prohibition of] fixing a vessel on Shabbos.
Halacha 55
Designating branches to be used as a fan:
Branches which have been cut off from a tree from before Shabbos in order to be used to fan ones table to flee the flies away, is permitted to fan with on Shabbos and to move it just like all other vessel, as since one designated it for this he has made it into a complete vessel.
Designating it as a consequence for children: The same law applies if one designated [the branches to be used] to threaten the children to be hit with it [then it is permitted to be moved on Shabbos], as long as one designated it for this purpose from before Shabbos.
Halacha 56
It [also] goes without saying that if one did an action to them from before Shabbos to prepare them [to be used for wounds], such as for example he dyed them with oil and bound them with a cord [they may be moved on Shabbos].
Halacha 57
Designating combed flax and spun wool as a toupee: Similarly combed flax and spun wool which bald people place on their heads so that they appear like they have hair, even if one did not think about these materials that they be designated for this purpose, but rather by chance placed them on his head once during the week, it is permitted to move on Shabbos to place on one’s head, or for another purpose.
It [thus] goes without saying that if one thought about them from before Shabbos, that they be designated to be used [as a toupee], even though one has never actually placed them on his head, [that they may be moved]. Furthermore even if one did not think about them that they be designated and prepared for this purpose, but rather just thought from before Shabbos to place them on his head the next day, on Shabbos alone, while after Shabbos he plans to remove them from [his head] and make himself another one, [even so they may be moved on Shabbos].
It [also] goes without saying that if one did an action to them from before Shabbos to prepare them [to be used as a toupee], such as for example he dyed them to make them look nice and bound them with a cord, [then they may be moved on Shabbos] .
The reason for the above restriction is: as since one did not place it on his head from before Shabbos, and there is no action that shows that it had been prepared for this use, it therefore seems like he is simply [wearing them on his head outside] in order to find a way to carry them outside [and not because he really uses it as a toupee].
This is opposed to [the law by] flax and wool which are on a wound [which are allowed to be worn outside], as the wound shows that one really needs it and it thus does not appear like he is wearing them just in order to be able to carry them outside, even if one did not place them on [he wound] from before Shabbos.
Halacha 58
May one move skins? Hides whether they were tanned[56] [and] whether they were not tanned are permitted to be moved being that they are fit to be used to lie and sit, and [they thus] have the status of a vessel upon them, whether they belong to a regular person or to a professional which tans them and [then] sells them, as even [a professional] is not particular to [not] lie and sit on them [as] he is not worried that perhaps through doing so their value will diminish.
Other opinions: [However] there is an opinion which permits [moving] even moist [hides] of a Gasah[57] animal but they prohibit [the hide] of a Dakah[58] animal even when they have been dried out, being that they are not fit to be used to lean or sit on due to their small size
The Final Ruling: The main [Halachic] opinion is like the first opinion, as I have written in chapter 334 [Halacha 22] and chapter 499 [Halacha 8].
Halacha 59
Are boards Muktzah? The boards of an ordinary person are allowed to be moved, [although] of a professional are forbidden [to be moved], as [professionals] are particular with them to not use them for any other use in order so that they not get ruined. [They are thus] Muktzah Machmas Chisaron Kis. [However] if he thought about the boards before Shabbos to [use them to] place bread on them for guests on Shabbos, or [he thought about using them] for another use, it is permitted to be moved.
The laws of moving foods that are edible for animals, such as leftover peels and bones that are on ones table
Halachas 60-67
Halacha 60
May crumbs leftover on the table be removed? It is permitted to remove from ones table [onto ones floor] crumbs which are smaller than [the size of a] Kezayis[59], even though they are not designated[60] to be eaten by humans [being that crumbs that are less than a Kezayis are insignificant for humans[61]] and rather [are now only standing to be eaten] by animals or birds.
May one remove leftover bones and peels from ones table? Similarly 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[62], and any other [item] of the like, is permitted to be removed 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 [later on in this Halacha and in Halacha 61-62].
The reason it is forbidden to move shells even with a knife is because: The [sages] only permitted one to move [a Muktzah item] through [moving] another item [that is not Muktzah] when the forbidden [i.e. Muktzah] item is already on top of the permitted [i.e. Non-Muktzah] item and one moves with his hand the permitted item which then consequently causes the forbidden item to move along with it. Such as for example one shakes with his hands a board or a cloth which already has the peels lying on it, and thus the peels also get shaken and consequently fall off [from their surface by themselves]. [It is not forbidden to move the board] as the board has never become a base for the forbidden item being that the peels [which were leftover from the Shabbos meal] were not resting on it by twilight [and an item only becomes a basis if by twilight it had a Muktzah item resting on it]. This is opposed to when one drags a Muktzah item with a knife that the item is not moving on its own [consequently of a different action] but rather [is directly moving] through the knife which is considered like an extension of one’s hand.
Halacha 61
May one move the table or tablecloth together with the shells and place them elsewhere? It is forbidden for one to lift up the board or cloth together with the [Muktzah] peels that are on it and to then move it to different area. Rather one must shake them off [the table and cloth] immediately.
The reason: Now, even though it is a permissible item which he is moving and carrying in his hands to the different area, while the forbidden item is [only] being moved consequently of this, nevertheless [it is forbidden to be done as] the [Sages] did not permit one to actually[64] move [a] Muktzah [item] through [moving] another [non-Muktzah] item if one is able to shake it off [the non-Muktzah item] immediately, as shaking it off is not considered actually[65] moving it through [moving] another item, [which is a forbidden form of moving], as it is considered an irregularity. [And it is permitted to move Muktzah through an irregularity.][66]
The law when there is also bread on the table: If there is bread on the board or on the cloth which the peels are [resting] on, then it is permitted to lift up [the board and cloth] with everything on it and to move it to any pace that one wishes.
The reason for this is: because these peels are nullified to the bread.
Halacha 62
May one move the actual table if he cannot shake off the peels? [There are cases that it is allowed to move the actual table] even if on the table there are only these peels or other items which are not [even] edible for animals. [These are:] if the situation is that shaking [the peels off] alone will not be of any help, such as for example if one needs to use the [floor] space by the table, and the situation is that if one were to shake the [peels] off right here then they will fall to the ground here in a way that will now prevent him from being able to use the ground space for what he needs [to use it for], then it is permitted to move the table to a different area, even though the Muktzah items are [still] resting on it. As since the table has not become a base for them, one is moving a permitted item, while the prohibited item is consequently being moved with it on its own.
Halacha 63
The law of bundles of straw and wood:
Bundles of straw and bundles of wood that are soft, if they were [specifically] ordered [in order to be used] as animal fodder, they are permitted to be moved even if they are very large.
However [when no specification has been made] then they are assumed to be designated [to be used] for fire [as fuel], and they are thus forbidden to be moved.
[However] in places that unspecified straw is not designated to be used for fire, but rather [is designated to be used] as animal fodder, or [is designated to be used] to lie on, it is permitted to be moved.
Halacha 64
What items that are edible to animals may one move?
Any item that is edible for the commonly found animals and birds, are permitted to be moved, even if they are not edible for the majority of animals and birds. For example sea-squill[67] that is only edible for deer, and mustard that is only edible for doves, are permitted to be moved in an area that deer and doves are commonly found, meaning, that it is an area where it is usual for the common-folk to raise them and they are accustomed [in doing this]. [However] it does not suffice if they are only found by the aristocrats [as will be explained in the next Halacha].
Halacha 65
What is the law if the type of animal or bird which eats the food is not found in ones area? An item that is edible only for animals and birds which are not found in ones area, then if one personally owns that type of animal or bird, he is permitted to move the foods that they eat, however if [one does] not [own these animals or bird], it is forbidden [to be moved].
For this reason it is forbidden to move bones in an area where dogs are not found, such as for instance if one is staying for Shabbos in a field or in an inn[68] where there are no dogs[69]. [This applies] whether the bones were separated from the meat on Shabbos or from before Shabbos, [nevertheless it is still forbidden to move them].
May one move hard bones? Hard bones which are so hard that even a dog cannot eat them are forbidden to be moved in all places, just like a tree or stone.
Halacha 66
The law of date pits:
Date pits, in areas that it is common for them to be fed to animals, one is permitted to move them. However, an important person[70] needs to be strict upon himself to not to move them, unless done with an irregularity, such as placing a piece of bread next to them, or [placing next to them] another item that is permitted to be moved, and then move them together.
The reason for this stringency is: because in many places [these pits] are not fed at all to animals. Therefore one should be stringent with [moving them] even in those places that feed them [to animals].
Halacha 67
How may one eat foods that have on them Muktzah shells and seeds?
All [foods that have] shells and seeds that are not edible for animals, one eats the food and throws away [the waste] with his tongue towards the area behind him. [However] one may not throw them away with his hands, or [throw them away] with his tongue towards the area in front of him on the basis that when there will end up being a lot of waste in front of him, and it will be repulsive in his eyes, then it will be permitted for him to remove them from there, as is the law regarding a “bucket of garbage” as will be explained [in Halacha 72].[71]
The reason that one may not throw them in front of him on this basis is: because one is not allowed to intentionally make a “bucket of garbage” [in a way that he will be allowed to move it when it becomes repulsive to him.]
Halacha 68
The law of Raw Meat:
Tender meat[72]: [Tender] raw meat, even if completely unsalted, is permitted to be moved being that it is edible for humans [the way they are], as there are people which are coolheaded and chew raw meat, (which does not carry any blood prohibition as explained in Yorah Deah Chapter 67[73]).
Tough meat: However tough [raw] meat which is not able to be chewed is forbidden to be moved. Similarly this law as well applies to other similar cases, such as for example cold raw fat [is Muktzah] as even though they are edible for dogs nevertheless [since] they are not designated to [be given to] dogs, but rather to be eaten by humans after Shabbos [when they can be cooked], [therefore] on Shabbos they are not considered fit for anything [and are thus Muktzah].
Spoiled meat: However spoiled meat is permitted to move being that they are edible to dogs and are designated to [be given to] dogs.
Halacha 69
The law of raw fish:
Salted fish [which is raw, such as herring] is permitted to move [being that they are edible]. However if they are [raw and] unsalted, it is forbidden [to move them], being that they are inedible for any person and are not designated to be thrown to the dogs, [as one plans to eventually eat them].
Halacha 70
Is meat of a gentile that was slaughtered on Shabbos permitted to be moved?
A gentiles meat that was slaughtered today [on Shabbos], is permitted to be moved, just as is the law by the meat of a carcass that died on Shabbos, as will be explained in chapter 324 [Halacha 5].
Halacha 71
The law of a Kamia[74]:
A Kamia that has not been verified [to work], even though one may not go out with it [into a public domain] because we suspect that perhaps it does not work at all and thus does not have the status of an ornament, which thus means that it [also] does not have the status of a vessel at all, being that it is not fit to do anything with even during the week, whether it is made from [a charm] written [on parchment] or from roots of herbs[75], nevertheless it is permitted to move it. As the [Sages] only suspected for [that the Kamia would not work] regarding the prohibition of carrying into a public area, and not regarding the Muktzah prohibition. [However] if it is permitted to wear the Kamia on oneself inside ones house and courtyard, was already explained in chapter 303 [Halacha 23].
The law of Muktzah items which are repulsive
Halachas 72- 76
Halacha 72
If the repulsive item is in one’s front yard or other area used to enter and leave from constantly: Any item that is repulsive[76], such as for example garbage and vomit and feces, whether of a human or of a chicken and the like, if they are found in ones courtyard that he lives in, meaning the courtyard that is in front of his house or on the side of his house which he uses to leave and enter from constantly, and is thus a place that people are particular to make sure to keep clean from dirty substances, then it is permitted to move them to the trash or to the bathroom, even with ones actual hands without using any vessels [to help move it]. This concept is referred to in all places by the term “Graf Shel Reiy” “A bucket of garbage”.
If the item is in an alleyway: As well, if the repulsive item is in an alleyway by an area that people walk on, it is permitted to move it to the side.
If the item is in ones backyard or other area that one does not visit often: However if the filthy item is in a different courtyard which one does not live in, or if it is in ones backyard, which are [both] areas that [people] are not particular about dirty substances being found inside of them unless one is sitting there, while at the times that one is not sitting there he is not particular about it even when entering and leaving the area, being that one does not regularly enter and leave from there, then it is forbidden to remove the filth from there, unless one is actually sitting there [and has become repulsed by the filth]. [However in a case of loss see Halacha 76]
May one cover the above mentioned filth with a vessel? However if one fears his child going there and getting himself dirty with [the filth], then it is permitted for him to cover [the filth] with a vessel, as one is permitted to move a vessel even for the purpose of using it for an item which may not be moved on Shabbos, as was explained in chapter 277 [Halacha 8].
If the filth is found in the garbage area of one’s front yard: Even if [the filth] is located in a courtyard that one lives in, but is in the area of the yard that is designated for garbage or for the chickens, then it is forbidden to remove it from there.
What if the garbage area is now full, may he empty it? If the garbage can is in an area that one is not particular to keep clean from it, but it is now full and it is thus impossible to place any more garbage there, then it is permitted to remove it [from the courtyard, empty its garbage and then] return it, in the way that will be explained [in the next Halacha].
[This is allowed even though the item is Muktzah] in order to give respect for people [that they should not need to be in the presence of repulsive items].
Halacha 73
May one return the garbage can, or potty after emptying them out?
A bucket of garbage, and a urine potty, even though they are permitted be moved to the trash area to be placed there, [nevertheless] it is forbidden to bring them back into ones house, because they are forbidden to be moved even when they are empty being that they are so repulsive that they are not even fit to be used to cover a vessel with, and Muktzah Machmas Mius[77] was only permitted [to be moved] if it is fit to be used to cover a vessel, as was explained above [in Halacha 2]. [Thus here since they are not even fit for this purpose, they are Muktzah.]
What if one needs to reuse it again on Shabbos? [However] if one needs to bring them back in order to reuse them again today to place filth in it, one is permitted to return them by placing in them water which may be moved [i.e. is not Muktzah], meaning [one places enough water] that [it] is still drinkable for an animal even after being placed in the potty or garbage can.
The reason this works: Now, although the [Sages] did not permit to move an item that is forbidden to be moved through moving with it an item that is permitted to be moved, with the exception of a dead person as will be explained in chapter 311 [Halacha 7], nevertheless here since one needs to reuse it today to place filth in, [therefore] they were lenient out of respect of humanity.
This same law applies if one needs to return these vessels in order to remove feces with today[78].
Other opinions: There are those which permit one to return [the potty and garbage can] to the house in any situation, even if one does not need to use it [anymore] today to place filth inside or to remove feces with, as long as one places [drinkable] water in to them.
The final ruling: One is to be stringent like the first opinion, although in a case where there will be a monetary loss, such as if the garbage can is a little expensive, and there will thus be a loss if one were to leave it [outside by the public] dumpster as it will get stolen from there, then one may [be lenient and] rely on the second opinion.
Halacha 74
What is the law if one never let go of the garbage can or potty after emptying it? All the above [restrictions in returning the vessel to the house] is only if one already removed them from his hand when he arrived to the dumpster. However if they are still in his hand one is permitted to return it according to all opinions and in all situations, and even without [needing to] add water inside of it, as is the law with all Muktzah [items], that if they are already in ones hands it is permitted for him to move it to wherever he wishes, as explained above [in Halacha 13]. [However] according to what it was explained there that it is proper[79] to be stringent in this, then so too here it is proper[80] to place water into them even though they are still in ones hands.
Halacha 75
One may not initially enter himself into a situation that will allow him to throw out a repulsive item?
One may not initially [enter himself into a situation that will permit him to throw out a] bucket of garbage. For example [one may not] bring in front of him an item which will eventually become repulsive, and [may not] do something which will eventually become repulsive, and rely in his mind to remove it when the item becomes repulsive.
The reason for this is because: even though the [Sages] permitted one to remove a repulsive item, nevertheless [they did not permit] to initially do something in front of oneself which will for certain eventually become repulsive and he will then throw out.
What is the law if one initially entered himself into a repulsive situation: Nevertheless if one transgressed and entered himself into this situation, it is permitted to remove it afterwards [when it becomes repulsive].
What is the law if one does not have intention to throw it out even if it becomes repulsive: If one does not have in mind initially to remove it out later on [when it becomes repulsive] then one is permitted to even initially do this, and afterwards if he changes his mind to take it out it is permitted to do so.
Halacha 76
May one settle himself down by an area that has a repulsive item in order to throw it out in a case of loss? In a case of loss one may settle himself down in an area that has a “bucket of garbage” which is in a place that one is not particular [to keep clean and thus may not be thrown out in regular circumstances], in order so the bucket becomes repulsive in his eyes and he will then [be allowed to] take it out and save himself a loss.
For example in a case that a certain item [was left outside in the rain] and is becoming repulsive and losing value due to the rain which is falling on it, [then if the item is] in a yard where one does not live[81], he may place his bed there to lie on, or to enter his table there to eat there, as well as [entering] other useable vessels there such as books to learn from and items of the like, as doing so considered settling down in that area. After doing so when one’s mind starts feeling bothered by the repulsiveness he may remove it from there and place it in an area which is safe from the rain. The same applies for all cases of the like.
The reason one needs to bring out a bed or table and the like: However to sit there alone without a bed or table or other items that he uses, does not help at all, as if his mind is bothered by the repulsiveness then we just tell him get up and move from here and go sit elsewhere, being that to begin with he was not sitting here, and only sat here temporarily. However once one has set his place of residence to be here, through [bringing out] a bed or table or other items that he uses, we do not trouble him to remove his residence from here, and rather [allow him] to remove the bucket [of filth] from in front of him.
Designating Earth
Halacha 77
Designating earth to be used on Shabbos:
One may enter into his home before Shabbos a box full of earth and then pour it onto his floor in his house[82], and then use this dirt for all his needs on Shabbos, such as to use it to cover saliva or feces and the like.
The designation must be recognizable: [However this is only allowed if] one designated a corner [for the earth to be placed], as then the matter is recognizable that [the earth] is prepared and designated for this purpose [of covering filth]. However if one poured [the earth] in middle of one’s house for it to be stepped on[83], then it is nullified to the dirt of the floor, and is thus Muktzah and forbidden to be moved.
The earth must be loose: [However this is] only [allowed] if the dirt used is so loose that when removing dirt from it, it will not create a ditch within the dirt [being that the loose earth falls into the area that dirt was removed from, thus filling it up and preventing a ditch from being formed. However if the dirt is not loose enough that it will fall into the ditch then it is forbidden], as will be explained in chapter 498 [Halacha 29].
Moving Animals
Halacha 78
May one move animals and birds on Shabbos?
It is forbidden to move a domestic animal, a wild animal or birds because they are not fit for any use on Shabbos while they are alive. Even a bird which can be used to entertain a crying baby is forbidden to be moved.
May one move non-Muktzah vessels for the need of the animals? Nevertheless it is permitted to place a basket upside down in front of chicks in order so they go up and down it, as a [non-Muktzah] vessel may be moved even for the need of an item that may not be moved on Shabbos.
Why is this not forbidden due to “Nullifying a vessel from its non-Muktzah status“, which is forbidden to do on Shabbos? Now even though that while the chicks are on the basket it is forbidden to move the basket due to the chicks that are on it[85], nevertheless this is not considered that one is even temporarily nullifying a vessel from its allowed use [in which case it would be forbidden to do so], as one has the ability to chase away the chicks from the basket immediately upon then going up or down on it or[86] that they not be able to stand on it for even a second, and once they have descended from [the basket] it is permitted to move it.
If an animal was intentionally on a vessel by Bein Hashmashos: [However] if the chicks were on this basket throughout the entire Bein Hashmashos then it is forbidden to move it throughout the entire day [i.e. Shabbos] even after the chicks have descended from it, as once something is designated to be a base for something prohibited [i.e. Muktzah] by Bein Hashmashos, then it becomes Muktzah for the entire day [Shabbos].
Halacha 79
May one physically help the animal move: All domestic animals, wild animal and birds may be physically encouraged to move while they are in a private domain. Meaning one may grab their neck and their side and help them, and move their legs so they walk. [This is allowed] as long as one does not lift them up in a way that their feet leave the ground, being that they are Muktzah and are [thus] forbidden to be moved.
The reason that this is allowed: Now, even though by all Muktzah [items] just like it is forbidden to move it entirely so too it is forbidden to also move only part of it [and thus here too this assistance should be forbidden], nevertheless [the Sages] permitted one to help them walk in a case that the animals need this to be done [for their own benefit], in order to prevent suffering to the animal.
If the animal does not need help in moving: However if the [animals] have no need [to be helped] it is forbidden to even help them move.
May one help a chicken move? A chicken is forbidden to be helped to move even if it needs [the help], being that it lifts itself up when being helped and it thus ends up that he is moving it entirely, and [in such a case] the [Sages] did not permit [helping it move] even in order to prevent an animal from suffering.
However it is permitted to push the chicken from its back with ones hands in order so it enter [back] into its coop if it ran away from it.
Halacha 80
May one help animals walk in a Public domain? All the above [permission granted] was to [be allowed] to help it move in a private domain. However in a public domain, it is forbidden to help move any domestic animal, wild animal, and bird [in the way described in the previous Halacha, that one holds its neck etc. However to push from behind, see end of this Halacha].
The reason for this is: due to a decree [that if this was to be allowed] one may come to lift it up and carry it and will thus become liable for [transgressing the prohibition of] carrying four cubits within a public domain.
The reason it is forbidden to carry an animal in a public domain, while a human is permitted: The [Sages] only said that a live item is considered to carry itself[87] [even when being carried by someone else, and thus one does not transgress the prohibition of carrying it] with regards to humans [being carried], however not by domestic animal, wild animal, and birds.
May one help animals walk in a Karmalis? A Karmalis has the same law as a public domain regarding this matter.
May one push the animal from behind? To push the animal from behind if it had run away is permitted even in a public domain.
Halacha 81
May one help their child walk in a public domain?
A woman may help her son walk even in a public domain, as we do not make a decree [as was decreed by animals] that [if we allow this to be done then] she may come to pick him up and carry him four cubits in the public domain. [The reason for this is] because even if she does do this she will not transgress a Biblical prohibition but rather a Rabbinical prohibition[88], being that a live human is considered to carry himself [even when being carried by someone else].
How may she help him walk? [However this is] only [allowed] so long as that she does not drag him[89], but rather that she lifts up one of his feet leaving the second on the ground with which he supports himself until she places back down the foot that she had lifted up, as when done in this way it ends up that he [the child] is always supporting himself with one foot. However when she drags both feet then it is as if she is carrying him, which is forbidden to be done even in a Karmalis.
The law by a child so young that must be dragged by both feet in order to walk: [However] if the child is so young that he needs to be dragged by both feet [in order to move], and [thus if she does so she ended up] carrying him in a public domain, then she is Biblically liable, as by such a young child we do not say [the rule] that ‘A human carries himself’.
The law by carrying a sick or bound person: Similarly one who carries [a person] bound [with rope, and thus cannot walk] or a sick [person] which [is so sick that he] cannot walk at all, then one is Biblically liable [for carrying him], being that [people in such conditions] are not carrying themselves at all.
May one carry a person that is able to walk himself, and if not then why not? [Furthermore] even if [the child] is old enough to walk on his feet on his own, [it is nevertheless] forbidden to carry him even in a Karmalis, as the [Sages] only said [the rule] that “a human carries himself” with regards to exempt one from being liable to bring a Chatas offering [if he were to carry him], however at the very least this remains Rabbinically prohibited [to be done] being that it is considered a “Shvus”[90], while in a Karmalis this is considered a “Shvus Dishvus[91]” The populace must be warned about [this prohibition of carrying humans] being that they mistakenly [think that it is allowed, and thus carry humans].
Halacha 82
May one break a piece off a broken vessel in order to use for a purpose on Shabbos?
A vessel which has become damaged [and is thus no longer in use] one may not detach from it a piece of earthenware to use to cover something with or to place something on, being that doing so is like making a vessel. As any item which one fixes on Shabbos for it to be useable for a use transgresses the prohibition of “Tikun Keli” [i.e. making a vessel on Shabbos].
Halacha 83
May one play ball on Shabbos?
It is forbidden to play with a ball on Shabbos or Yom Tov, as it is forbidden to be moved being that it does not have the status of a vessel.
Other Opinions: [However] there are opinions which permit to move it and play with it in a private[92] domain.
The final ruling: It is an old custom to be lenient and they were not protested in doing so being that they have upon whom to rely.
Halacha 84
May one move silkworm cocoons?
It is forbidden for one to carry under ones arm[93] the egg[94] of the silkworm[95], being that they are forbidden to be moved being that they are not fit for any use [in their current state] as well as that one’s [body] heat causes them to them to hatch[96].
Halacha 85
Is Shatnez clothing Muktzah?
First Opinion: There are opinions that forbid one to move Shatnez clothing of a Jew even if one needs to do so in order to use it [for a permitted purpose] or in order to use its space.
Their reason is: because [the cloth] is not fit for any use, not to wear and not to place under him, if it is not made of hard material as is explained in Yorah Deah chapter 301 [Halacha 1-2][97].
Second Opinion: [However] there are opinions which permit to move it if one is doing so in order to use it [for a permitted purpose] or in order to use its space.
Their reasoning is: because it nevertheless has the status of a vessel. It is just that it is considered designated for a prohibited use[98].
The final ruling: The main [Halachic] opinion is like the first opinion.
The reason behind the final ruling is: because the status of a vessel only helps [to allow to move an object that is designated for a prohibited use] if the item is only prohibited to be used [for its designated use] on Shabbos alone, while during the week using it [for its designated use] is permitted, [as in such a case] even if on Shabbos [the item] is not fit for any use at all, it is [nevertheless] permitted to be moved being that it has the status of a vessel due to it being fit to use [for its designated use] during the week.
For example a lamp which is [designated to be] lit with kerosene [and is thus not used for any other purpose due to its repulsiveness and thus] on Shabbos is not fit to be used for anything, is [nevertheless still] permitted to be moved being that it has the status of a vessel, as explained above [that since it is useable during the week it has the status of a vessel].
However if [an item] is also during the week not fit to be used, such as a clothing of Shatnez which is forbidden to be worn also during the week, then it does not have the status of a vessel and clothing at all.
[Now] even though that [these Shatnez clothing] can be used for other purposes, such as to cover vessels with it or to use it to hover over ones head [as an umbrella, or for a tent], and uses of this nature for which the clothing are not designated to be used for, and were not made for this purpose, [nevertheless] they do not receive the status of a vessel unless they were designated for this [purpose], just like is the law by all pebbles and stones that are fit to be used to cover vessels and nevertheless do not have the status of a vessel because of this, unless they were designated for this, as was explained above [in Halacha 32 and 36].
[As well] it does not help at all for the clothing that they have the form and design of a clothing, being that it is forbidden to wear it, and it is thus just like food that is forbidden to eat on Shabbos of which it does not help for it to be permitted to move just because it has the form of food, [and if this is the law by food then certainly this is the law by a vessel as] the status of a food is more lenient then that of the status of a vessel[99].
Halacha 86
Is a hand-held fan Muktzah?
It is permitted to carry a fan to shoo away flies, being that it is a vessel. However one must be careful not to kill the fly [in the process].
Halacha 87
Is a broom Muktzah?
First Opinion: Brooms which are used to sweep the floor are like a vessel which is designated for a permitted use, according to those opinions that that permit to sweep with them on Shabbos a tiled[100] floor, as will be explained in chapter 337 [Halacha 2].
Their reason: Now, even though that during the week one uses them to sweep also [dirt] floors that are not tiled [and thus since on Shabbos it is not fit for this it should have the status of a vessel designated for prohibited use], nevertheless it is [still] like a vessel that is designated for a permitted and forbidden use, of which the law is that one is permitted to move just like a vessel that is [only] designated for a permitted use, as was explained above [in Halacha 21].
Second Opinion: However according to the opinion that forbids sweeping on Shabbos even floors that are tiled, then it is forbidden to move them unless one is doing so in order to use it [for a permitted use] or in order to use its space, just like [is the law by any] vessel that is designated [for only] forbidden use.
Is a telescope Muktzah? Regarding a telescope, if it is permitted to turn it over and move it in order to look through it, it was already explained in chapter 307 [Halacha 31].
Halacha 88
Is a clock Muktzah?
Clocks, whether made through sand [i.e. an hourglass[101]] or through other means, such as through looking at a shadow [I.e. a sundial[102]], the custom has spread to forbid moving it unless doing so in order to use it, which means that one needs to use the actual object for a use that that is permitted [to be done on Shabbos] or [when moving it] in order to use the space that it is in, just like [is the law by] a vessel that is designated for prohibited use.
The reason for this is: because [its main function for which] it was produced [is] to measure the time or the shadow [of the sun], and it is thus synonymous to the measuring that is prohibited to do on Shabbos.
Now, one may not claim that it is permitted [to move this vessel] being that it is a measurement done for a Mitzvah, as one learns[103] through this vessel, being that the [Sages] only permitted measuring for a Mitzvah purpose when the measurement itself contains a Mitzvah, such as to measure a Mikvah [if it has enough water] and the like. However here the measurement itself has no concept of a Mitzvah, as the learning that he accomplishes through it [is not valid] as how can one depend his learning on something that is prohibited, and because of this it will be permitted [to use][104].
The letter of the law: The above is the reason behind the custom [to give it the status of a vessel that is designated for forbidden use], however from the letter of the law there is no clear prohibition [in using it to measure time] or clear permission [to use it].
Halacha 89
Items that are not useable to some people due to their being degrading to them:
Even an item that that is fit to be used on Shabbos, [nevertheless] if it is something degrading in the eyes of the rich and it is thus not common for them to use it due to their prosperity, then this item becomes absolutely Muktzah for them and is forbidden for them to move, even if it belongs to paupers.
However the rich people that live in the poor person’s houses are permitted to move it just like the poor people themselves.
If this item belongs to a rich person then it is forbidden to be moved by even all the paupers in world, as once it has become Muktzah for its owner it becomes Muktzah for the entire world.
What is the law of items that are forbidden to be used only to their owner? However the above rule only applies by items that are not useable for their owners due to it being degrading in his eyes. However an item which is not useable for its owner because it is forbidden for them [to use], such as wine for a Nazir, then it does not become Muktzah because of this, being that it is [still] fit for others [to use]. Thus even the Nazir himself is permitted to move it.
[1] However to move them in an irregular way is permitted by all objects, as will be explained.
[2] As if it has then it is Muktzah, as was explained in previous chapters of the Alter Rebbe.
[3] As otherwise the casing has become a Basis as explained in chapter 310 Halacha 16, see summary there.
[4] See Q&A 4
[5] The Peri Megadim writes that if one is not particular against using the paper for other uses, then it is not Muktzah [Ashel Avraham 308/10]
[6] see Halacha 10 for a full summary of all the categories
[7] Meaning on Shabbos something occurred that automatically changed the designation of this object from a prohibited purpose to a permitted purpose.
[8] Vetzaruch Iyun as in 308/10 it is listed as a separate category. As well in the Ketzos Hashulchan the laws of inedible foods and Muktzah Machmas Gufo are each given a separate chapter.
[9] Stam Yayin is any wine of a gentile which one does not know if the gentile used it as libation for idols. Such wine is only Rabbinically prohibited. To note however from Yoreh Deah chapter 123 that there are opinions today that permit stam yayin in benefit, and thus seemingly according to those opinions the wine is not Muktzah, if designated for animals.
[10] Tevel is any food which did not have its tithes removed from it. Such food is forbidden in benefit.
[11] Lit. Neveilas and Treifus. This refers to two different types of invalidations which can prohibit meat from being allowed to be eaten, and thus deem them non-Kosher. A Niveila is an invalidation that occurred in the slaughtering, while a Treifa is an invalidation which occurred in the animal before the slaughtering and had jeopardized the health of the animal.
[12] Chadash are all grains of the 5 grains which had rooted into the ground after the previous Pesach, and are forbidden to be eaten until the next Pesach comes.
[13] In the land of Israel the laws of Chadash are much stricter.
[14] The Smag
[15] Lit. “Moving with the back of one hand”
[16] Lit “moving an object as if using the back of his hand”
[17] Lit. were disrespectful
[18] In chapter 307 The Alter Rebbe explains that there are certain books which one may not read on Shabbos. In general all non-Torah related books may not be read, unless they contain a moral message, or [according to our custom it is also allowed if they] are books of wisdom, such as healing and science and the like.
[19] With regards to plates and cups according to the Alter Rebbe it is not included in this leniency however M”B allows plates and cups
[20] It is explained in Chapter 43 Halacha 3 that Tefillin have the power to guard one from danger caused by evil spirits. It is thus explained there that since by public bathrooms evil spirits are found, it is therefore better to bring ones Tefillin with him to the bathroom properly wrapped, then to give it to a friend to hold outside.
[21] So is implied here as explicitly mentioned in Ketzos Hashulchan 108/12. However the P”MG implies that the main (majority) usage of the item will determine its status. In Sharei Tziyon of M”B explains P”MG to be referring only to an item which has not yet been designated for a permissible use. In SSH”K (20/6) it sides that the majority usage determines the status. This does not seem to be the opinion of the Alter Rebbe
[22] In other words since the main aspect by a vessel designated for permitted use is the fact that the person has intention to use it on Shabbos, therefore it does not make a difference if the vessel is also designated for a forbidden use, as nevertheless the person still intends to use it, and has not removed it from his mind.
[23] As it is forbidden to grind food on Shabbos.
[24] Meaning the Jew did not ask him to do it for him.
[25] 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.
[26] Meaning that even though once the object broke one no longer is particular to not use it for anything else, being that they have lost their value and are no longer worth enough to be particular about, nevertheless….
[27] Which is what makes a vessel Muktzah.
[28] Lit. Fixing
[29] Perhaps in truth it should say Chapter 340 Halacha 17, or chapter 314 Halacha 11 and 16, as in chapter 310 no recollection is made regarding this.
[30] However more than 4 cubits is forbidden, as it is forbidden to carry in a Public area.
[31] Lit. a little large
[32] Lit. and
[33] Vetzaruch Iyun on why throwing out the broken pieces on Shabbos is any different than if the pieces have broken so small on Shabbos that they are no longer fit for any use, in which case we do not follow the status of the vessel as it was by Bein Hashmashos, and rather consider it Muktzah.
[34] Lit stumble
[35] Meaning that by the time Bein Hashmashos of that Shabbos arrived the wick had been already lit.
[36] Lit. “Due to their parents”. Meaning that the doors on their own are not considered vessels, however since they were attached to a vessel, they receive the status of a vessel from that vessel that they were attached to.
[37] A dus pit is a pit that has a wall surrounding it, while a Bor pit does not have anything surrounding it, and is rather just a hole in the ground. [See Baba Basra 64a and Rashi there] In Chapter 587/1 the Alter Rebbe explains that a Dus is any building which majority of its space is under ground level. However if only minority of it is under ground level, then it has the same law as a house.
[38] Seemingly the Tanur of the Alter Rebbes times were built just like a Dos pit, that one first digs a certain depth into the ground, and then builds walls to surround it and uses that inside space as an oven. Thus since the inside of the oven also contains underground space, it is considered a dus. However the ovens of the old days were built completely separately with a clay or metal bottom, and only then were they attached to the ground.
[39] Lit. “Can you cut off its head and have it not die”
[40] So is the version in the new printing of the Alter Rebbes Shulchan Aruch. However in the old printings it says “forbidden” use, which does not fit into this Halacha.
[41] Lit. some dirt
[42] 6×6 centimeters
[43] 24×24 centimeters
[44] A shoe tree is a device approximating the shape of a [45] As it is used to make or fix up the shoe, which is forbidden to do on Shabbos. [Minchas Yitzchak 9/58]
[46] In other words the sandals back then did not appear like slippers which have a front top which ones foot slips into and thus secures the slipper onto his foot. As well it was not like our sandals which have straps that are fastened over our foot from one end to the other end. Rather the sandal back then simply had a sole with leather straps attached only on their two sides, without any other additional piece. Thus in order to be able to secure such a sandal onto ones foot one needed to tie the straps together towards ones top of his foot.
[47] Perhaps this means that the entire strap tore off from the entire side that it was on.
[48] A Halachic area where carrying on Shabbos is Rabbinically forbidden.
[49] Meaning that part of it still remains in the socket, as it cracked in half.
[50] Meaning that he should not walk more than 4 cubits and then stop and then continue walking, as each time he stops past 4 cubits and then continues walking he is considered to be picking up the object anew, and is adding an additional transgression of carrying. Thus the Alter Rebbe is saying that we only allow him to walk with it regularly without stopping on the way, once he has walked past 4 cubits of where the object was found.
[51] Rashi Tractate Shabbos 125b
[52] In Chapter 309 Halacha 3 it is explained that when a stone is attached strongly to become part of a vessel, it is permitted to be moved [for any purpose], even if it has not been designated for this use forever.
[53] Lit. a branch
[54] Meaning out from the area where all the reeds have been fixed into.
[55] However the prohibition of Tikkun Keli [fixing a vessel], still applies as stated above.
[56] Tanning is the leather making process. Prior to tanning the skin is not durable and is susceptible to decompose. The tanning process uses different chemicals and materials to strengthen the skin so that it becomes impossible to ever decompose.
[57] This refers to large animals with tough meat and skin, such as a cow and an ox.
[58] This refers to smaller animals, such as a sheep and a goat.
[59] Approximately 27 grams. However more than a Kezayis is forbidden to throw on the floor even during the week being that doing so is degrading to the food.
[60] Lit. “standing”
[61] See Chapter 434 Halacha 6
[62] Legumes, just like grains, grow in stalks called pods. These pods, before the legumes in them have ripened are edible through 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.
[63] However in SSH”K (22/36) based on M”B 308/115 he permits it saying, that using a utensil is considered a Shinui.
[64] Lit. Completely. This refers to moving in a way that is normally prohibited to move a Muktzah item
[65] Lit. Completely. Meaning that when shaking it off, it is not considered moving it in a prohibited way at all.
[66] See chapter 309 Halacha 6 that even shaking it off is only allowed if one needs to use the base that it is on, or the space. However for the use of the Muktzah object it is forbidden for one to even shake off with his hands, even though this is considered an irregular way of shaking. However one is allowed to shake it off using his body.
[67] Sea squill is a [68] Seemingly this refers to an inn found on the road, as was common back in the day, however not to hotels as we know of today which are found in the city for vacation.
[69] As seemingly it is not common for dogs to be found in a rural area. Rather they gather in areas that are habituated.
[70] Seemingly this refers to one who is looked upon as being extra meticulous in the commands, such as Rabbis and the like. Vetzaruch Iyun
[71] However when one throws them behind him, since he does not see them, they will not become repulsive to him, and there is thus no basis for him to be allowed to eventually move them.
[72] The Alter Rebbe rules, following the opinion of the M”A, that any meat which is not soft enough to chew raw is considered MM”G. This as well is the opinion of the M”B (308/125) and is ruled likewise in the Sefer SS”K (23/20). However, the opinion of the TA”Z (308/20) and GR”A is that all meat is considered edible even if raw and is also fit for dogs to eat thereby avoiding it being Muktzah. For a more extensive understanding of this debate see the TA”Z there. Practically speaking, with regards to what is considered raw meat that is not chewable the M”B says all raw meats of animals are not chewable, while of pigeon and duck is chewable.
[73] There it is explained that only blood that has come out from the meat, such as when cooking, is forbidden to be eaten. However blood that has never yet separated from where it is absorbed, is not forbidden. Nevertheless one still needs to wash the meat for exterior blood, as explained in Yorah Deah Chapter 69 see there.
[74] A Kamiah is an item which is said to carry with it super natural powers of healing and the like. Such items can be a charm written on parchment, or an herb and the like for which are prescribed supernatural powers. The question here is can such parchment be moved on Shabbos, or do we consider it worthless.
[75] Rashi Tractate Shabbos 61a
[76] Li. dirty
[77] See Halacha 2
[78] Seemingly this means that it is not only permitted to return it if one wants to place filth inside of it and leave it there, but even if one wants to use it in order to take out feces with. [Vetzaruch Iyun]
[79] Lit. Good
[80] Lit. Good
[81] As explained above in Halacha 72 to mean an area that he does not constantly pass by.
[82] Back in the day earth was commonly used to cover filth that was on ones dirt floor, as most floors regardless were not tiled and were themselves made of earth.
[83] As was common to be done back then when the floors were dirt floors.
[84] Vetzaruch Iyun as sand is a material which adds heat which is forbidden to insulate with, as explained in chapter 257, and it was never explained there that raw fruits may be insulated with material that adds heat.
[85] Seemingly this refers to moving the basket without restriction, as it is forbidden to move it together with the chick if one does not need to use the space under the basket, as explained in Halacha 61-62 that one must shake of the chick before carrying it. However if one does need to use the space, then it would be permitted to move the basket even together with the chick.
[86] Tzaruch Iyun on the meaning behind these words “or that they not be able to stand on it for even a second”
[87] This rule means that one carries his own weight and thus is not to be viewed within the prohibition of carrying when being carried, as the prohibition was only said by carrying items that cannot carry their own weight.
[88] As will be explained in the end of this Halacha
[89] When a child is dragged it ends up that he often moves in a way that both feet lift off the ground, as will be explained.
[90] A Shvus is the term used for Rabbinical prohibitions that were made regarding Shabbos as a decree against coming to transgress Biblical prohibitions on Shabbos.
[91] This terms refers to a Rabbinical prohibition made as a decree against coming to transgress another Rabbinical prohibition. Thus here by a Karmalis since carrying anything at all is only Rabbinical prohibited, therefore the Shvus of not carrying a human, is called a Shvus Dishvus.
[92] In other printings it says “Public domain”, however this version is not readable within the context as it is forbidden to carry in a public domain. Thus the Rebbe says [in Igeres Hakodesh 3 page 27-28] that the correct version is “private domain”. To note that the Ketzos Hashulchan explains: On Shabbos they allow to play ball in a private domain, and on Yom Tov even in a public domain.
[93] According to Rashi the term “Atzilav” refers to ones armpit, while according to Tosefes it refers to ones elbow. [See Nidah 30b]
[94] Lit. the seed, or egg. However seemingly it is referring to the cocoon of the silk worm, which looks similar to a seed and egg.
[95] The silkworm is a larva [caterpillar] which produces silk, and is the main source of silk textiles which are manufactured. As the larva develops it produces a silk cocoon in which it hibernates in. This cocoon is made of a wrapped up string of about 1000-3000 feet.
[96] Tzaruch Iyun what this latter part is adding to the prohibition.
[97] There it is explained that it is forbidden to sit on Shatnez made of soft material, and only when it’s made of hard material is it permitted. According to this it ends up that even according to this opinion by hard material Shatnez they would agree that it is not Muktzah being that one can use it to sit on
[98] As it is prohibited to wear it.
[99] Seemingly this means that food has more lenient laws in Muktzah then do vessels, as is seen from the fact that food may be moved even for no need at all, as opposed to vessels. Thus if by food we are stringent in this case, then certainly by vessels.
[100] This refers to any floor covering such as tile or wood and the like, as opposed to a dirt floor.
[101] An hourglass, also known as a sandglass, sand timer, sand clock or egg timer, is a device for the measurement of [102] A sundial is a device that measures time by the position of the [103] It is unclear to what this learning refers to, whether it refers to actually learning Torah or learning the time such as in order to know the times of the prayers and of when Shabbos ends.
[104] Seemingly this means that since the clock is meant for measuring time for variant purposes, he cannot come along and claim that since he is also using it for a Mitzvah therefore it is allowed. Vetzaruch Iyun
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