DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 772 KB)
Is It Permissible to Touch a Mukse Item Without Moving It?

The Shulhan Aruch establishes in several places that it is permissible to touch Mukse items, as long as not even a part of it moves. For example, Maran rules that a corpse is Mukse, and even though a single limb may not be moved, it is permissible to touch it.

The Shulhan Aruch (306:6) records the Halacha that covering a Mukse item with a vessel is permitted, only if he does not touch the Mukse itself. The commentaries wonder what the problem is, since it is permitted to touch Mukse. The Maggid Mishne understands that the case is referring to a Mukse item which is round, and touching it will cause the item to roll on its axis. The Trumat Ha'deshen (Rav Yisrael Isserlin, 1390-1460) offers an alternate explanation: Touching Mukse is prohibited in a case where the purpose of the contact is to benefit the Mukse item. The case of placing a protective covering over the Mukse item is for the benefit of the Mukse item, and that is why it is prohibited.

Thus, there is a disagreement between the Maggid Mishne and the Trumat Ha'deshen whether one may touch a Mukse item for its benefit. The Bet Yosef brings both positions. The Magen Abraham (Rabbi Abraham Gombiner, Poland, 1637-1682) is stringent in accordance with the Trumat Ha'deshen. However, many Poskim rule in accordance with the Maggid Mishne, including the Vilna Gaon and the Mishna Berura.

Hacham Ovadia brings a proof to be lenient from the ruling of Maran who permits anointing a corpse with oil on Shabbat, even though the corpse is being touched for its benefit. This is also the opinion of Teshubot Bene Sion.

SUMMARY
It is permissible to touch a Mukse item for its benefit, as long as no part of it will move.

 


Recent Daily Halachot...
Are Women Obligated to Recite Musaf?
Shaving, Showering and Immersing in the Mikveh Before Shaharit
Kedusha: Proper Intention Before Beginning Kedusha; Lifting One’s Heels During Kedusha
Laws of the Daily Viduy (Confessional)
The Recitation of Alenu Le’shabe’ah
The Recitation of Alenu After Shaharit
May a Person Standing Near the Doorway be Counted Toward a Minyan?
Answering Kaddish, Barechu or Kedusha During “Asher Yasar” and Immediately After Using the Restroom
The Procedure for Bowing and Stepping Back After the Amida Prayer
Facing Toward the Temple Site During the Amida
Reciting the Nighttime Shema After Daybreak; Proper Intentions and Pronunciation While Reciting the Word “Ehad”
If One Recited the Wrong Musaf on Shabbat Rosh Hodesh
If One Forgot to Recite Ya’ale Ve’yabo in Birkat Hamazon on Rosh Hodesh
The Proper Intention While Reciting the First Verse of Shema
Halachot Pertaining to the Beracha of “Yoser Or”
Page of 239
3585 Halachot found