DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.14 MB)
May One Use a Permissible Item to Move a Mukse Item on Shabbat?

The Halacha permits moving a Keli She'm'lachto L'isur, a utensil designated for a prohibited function, such as a pen, L’Sorech M’komo-if it is in the way and its place is needed. However, it is prohibited to move the item "Me'Hama L'sel" (From sunlight to shade) for its own protection.

The Poskim discuss whether nevertheless, there is a permitted method of moving an item out of harm's way by placing a non-Mukse item on top of the Mukse item and carrying them both to safety. There is a precedent for such an approach regarding a dead body. If a body is outside, exposed to the elements, the Halacha permits placing a loaf of bread on the body and carrying them together to safety. The question is whether that solution is limited to protecting the dignity of the dead, or is it a general principle to be applied to all Mukse items.

This question is a Machloket Rishonim (debate between the early authorities). The Rosh (Rabbenu Asher Ben Yehiel, 1250-1327) is lenient and applies this dispensation to all cases of Mukse, whereas the Rashba (R. Shlomo ben Aderet, 13th-14th Century, Spain) restrict the leniency to respect for the dead.

Maran (Siman 308:5) cites only the lenient opinion of the Rosh, and Yalkut Yosef understands that Maran is lenient in all instances.

However, Hacham Bension, as well as Hacham Moshe Halevy in his Menuhat Ahaba, agree that although Maran seems to be lenient, it is not so easy to discount the opinion of the Rashba. Even Maran did not cite the Rosh as a "Stam" (unattributed authoritative opinion), but as a "Yesh"-There are those who say. This may indicate that even Maran did not completely rule out the stricter opinion. They conclude that one may rely on the Rosh only in cases of significant financial loss.

SUMMARY
The leniency of moving a Keli She'm'lachto L'isur to protect it from ruin by placing a non-Mukse item on top of it and moving them together, may be relied upon only in cases of significant financial loss.

 


Recent Daily Halachot...
The Week of Tisha B’Ab – Using Fresh Linens, Wearing a Freshly-Cleaned Tallit, and Ironing Garments
Is it Permissible to Eat Fish at the Final Meal Before Tisha B’Ab?
The Divergent Customs of the Sepharadim and Ashkenazim Regarding Bathing During the Nine Days
The Prohibition Against Taking a Hot Shower During the Week of Tisha B’Ab
Preparing One’s Clothes For the Week of Tisha B’Ab
Tisha BeAv- Brit Milah on Tisha BeAv
Some Laws of Motza'ei Tisha B'Av and the Tenth of Av
Extending Greetings on Tisha B’Ab and Haircutting, Shaving and Nail Cutting During the Week of Tisha B’Ab
Tisha BeAb – Wearing Freshly-Laundered Clothing; Washing Dishes
A Biblical Allusion to the Special Haftarot Before and After Tisha B’Ab
Habdala When Tisha B’Ab Falls on Sunday
Preparing Clothes Before the Week of Tisha B'Av
Tisha BeAv- Is It Permissible To Take Medicine and Wash Hands On Tisha BeAv
Tisha BeAv- Is it Permissible To Take A Hot Shower, Eat Meat, Shave And Clean Clothes At Then End of The Fast
Tisha BeAv- When Is It Appropriate To Remove One’s Shoes When Tisha BeAv Falls Out On Motzae Shabbat
Page of 239
3585 Halachot found