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...
May One Ask a Non-Jew to Turn Off a Light on Shabbat?
Asking a Non-Jew to Move a Mukseh Item on Shabbat
Shabbat – If a Non-Jew Mistakenly Turned Off a Light and Then Turned It Back on for a Jew
Asking a Non-Jew to Turn on the Heat or Air Conditioning on Shabbat
If a Non-Jew is Paid to Turn Lights on For a Jew on Shabbat
Giving Precedence to the Shabbat Day Meal Over the Friday Night Meal
Shabbat – The Prohibition Against Eating and Drinking Before Kiddush on Friday Night
Minors Eating Before Kiddush on Friday Night; Eating During Ben Ha’shemashot
Eating and Drinking Before Shaharit, and Before Kiddush on Shabbat
Reciting Kiddush Along With Somebody Else
A Woman’s Obligation of Kiddush
During Which Shabbat Meal Should One Eat His Favorite Food?
May One Wear a Surgical Mask on Shabbat in a Public Domain?
Is it Permissible to Use a Water Filter on Shabbat?
Covering the Bread on the Table for Kiddush and Habdala
Page of 239
3585 Halachot found