DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.23 MB)
The Mukse Status of Tefillin on Shabbat

The Shulhan Aruch discussed the Mukse status of Tefilin on Shabbat. Tefilin are not worn on Shabbat, and thus the question is whether they may be moved on Shabbat. The Zohar HaKadosh (Midrash Ne’elam) teaches that not only is there no Misva to wear Tefilin on Shabbat, but it is prohibited to do so. That is also the implication of Maran in the Bet Yosef, Siman 31. Therefore, Hacham Ovadia, Rav Moshe Halevy and the Ben Ish Hai all rule that Tefilin have the status of "Kli She’melachto L’isur"-a utensil whose primary function is prohibited. Accordingly, the Tefilin may only be moved for two purposes.

1. "L’sorech Gufo"-their innate function. For example, a teacher may handle the Tefilin to show them to students as a demonstration.
2. "L’Sorech M’komo"-for its place. If the Tefilin were in the way, they may be moved to make room for something else.

The question is whether one may carry his Kuracha, containing both his Tallit and Tefilin, on Shabbat. The Kuracha is designated a "Basis"-base for both forbidden items (the Tefilin) and permitted items (the Tallit and Siddur), and therefore may be moved. If the Tallit can be removed without moving the Tefilin, that is best. However, if the Tefilin are in the way and prevent him from accessing his Tallit, he may move the Tefilin, since this is considered "L’Sorech M’komo"-for its place.

Hacham Ovadia (Halihot Olam) poses a very strong question. Why is it permitted to remove the Tallit from the Kuracha? Once the Tallit is removed, it is no longer a Basis for permitted and forbidden items. It remains a "Basis L’davar Ha’asur," and becomes Mukse and may not be moved. This would be an apparent violation of "Bitul Keli MeHechano" suspending a utensil from function. Before the Tallit was removed, it was permitted to move the Kuracha, and afterwards it is prohibited.

Hacham Ovadia suggests that the Halacha relies on the minority opinion that "Kli She’melachto L’isur" does not create a Basis, and therefore the Tefilin do not render the Kuracha Mukse, and there is no issue of "Bitul Kli MeHechano" suspending a utensil from function. Furthermore, he cites the opinion of the Rema who classifies Tefilin as Kli She’melachto L’heter-a utensil designated for permissible activity. He holds that there is no prohibition wearing Tefilin on Shabbat for reasons other than the Misva, such a protection from Mazikim (evil spirits). By relying on the combination of these two minority opinions, Hacham Ovadia permits removing the Tallit from the Kuracha.

SUMMARY
While Tefilin may not be worn on Shabbat, they may be moved if their place is needed or for use in an educational demonstration. One may carry a Kuracha contacting Tefilin and Tallit, and may remove the Tallit form the Kuracha.

 


Recent Daily Halachot...
May a Seller Charge a Higher Price if Payment is Delayed?
May a Lender Charge a Penalty for a Delayed Payment of the Debt?
Seizing a Debtor's Property in Lieu of Payment
Defining "Ri’bitt " (Interest)
"Ri’bit": The Prohibition Against Receiving or Paying Interest
Is It Permissible To Poach (Take Away) A Customer
The Halachic Propriety of Opening a Competing Business
Exceptions to the Rule Allowing a Neighbor the Right of First Refusal
Can a Neighbor Exercise His Right of First of Refusal if He Did Not Do So Immediately; a Business Partner's Right of First Refusal
Offering First Right of Refusal to a Partner or Neighbor
Damaging Somebody’s Property for the Purpose of Saving a Life
Is There a Liability When a Child Damages Somebody’s Property?
If One Damages Somebody’s Property In His Sleep, Under Intoxication, While Celebrating, or During a Sports Game
Liability for Damages Caused While Walking or Running in a Public Domain
The Extent of Liability for Property Damages
Page of 239
3585 Halachot found