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...
Tebilat Kelim – Must One Immerse a Can Opener or Nutcracker?
Immersing A Utensil Before Giving It As A Gift
Tebilat Kelim – The Status of Nutcrackers, Dentures, Utensils Purchased as Merchandise, and Utensils Made by a Gentile With a Jew’s Material
May One Keep in His Home a Utensil That Has Not Undergone Immersion?
The Proper Procedure for Immersing Utensils
Must a Convert Immerse His Utensils After Conversion?
Is It Permissible To Dip Kelim In Snow Rather Than A Mikveh
Tisha BeAv- The Amidah On Tisha BeAv
The Se’uda Mafseket When Tisha B’Ab Begins on Mosa’eh Shabbat
Must Pregnant and Nursing Women Fast When Tisha B’Ab is Delayed From Shabbat to Sunday?
Habdala For One Who Needs to Eat When Tisha B’Ab is Observed on Sunday
The Fifth Day of Av: The Yahrzeit of Rabbenu HaAri
The Procedure for Habdala When Tisha B’Ab is Observed on Mosa’eh Shabbat and Sunday
Tisha B'av- Preparing for Tisha B'av Which Falls Out On Mosa'eh Shabbat
The Status of the Week of Tisha B’Ab When it Falls on Sunday
Page of 239
3585 Halachot found