DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 928 KB)
Mukse- If a Mukse Item Gets Mixed Up With Similar Non-Mukse Items

One type of Mukse is "Basees L’davar Ha’asur"- a base for a Mukse item also becomes Mukse. Even if the Mukse item is subsequently removed, the base remains Mukse, as long as the Mukse item was on it during Ben Hash’mashot (twilight) of Ereb Shabbat. For example, if money was placed on a chair on Friday, the chair becomes Mukse, even if a non-Jew removed the money during Shabbat.

Hacham Ovadia was asked the following question regarding this Halacha: What is the Halacha if the Mukse chair became mixed in with the other identical (non-Mukse) chairs in the house? Does the concept of Bitul (nullification) in the majority apply to Mukse, as it does to meat and milk? Accordingly, if there were a total of three chairs, then the Mukse chair would be Batel (nullified) in the majority of permitted chairs.

However, the principle of Bitul does not apply to "Davar She’Yesh Lo Matirin"-cases in which the forbidden item will later become permitted. The classic case is an egg laid on Yom Tob, which is Mukse of Nolad, that became mixed in one thousand permitted eggs is not Batel, since that egg will become permitted after Yom Tob. Similarly, in the case of the chairs, the Mukse chair will become permitted after Shabbat, and would not be nullified in the mixture.

Nevertheless, the Nodeh B’Yehuda (R. Yechezkel ben Yehuda Landau, 1713-1793, Prague) has the famous opinion that the restriction of "Davar She’Yesh Lo Matirin" applies only to food. His rationale is that food is a one-time use; it’s eaten and then it’s gone. Regarding such items the Halacha requires delaying the one-time consumption to eat it in its permitted state and not while it is still forbidden, since anyway there is only "one shot." However, something like a chair can be used time and time again. Therefore, the Halacha does not require one to miss out benefiting from it on Shabbat.

Hacham Ovadia is lenient and relies on the Nodeh B’Yehuda in the case of Mukse, which is M’drabanan, and permits using all the chairs.

SUMMARY
If a Mukse non-food item became mixed in with identical permitted items, one may rely on the lenient opinion and use all the items on Shabbat.

 


Recent Daily Halachot...
May One Enter the Restroom With a Small Torah Book in His Pocket?
If the Hazan Began Reciting “Ata Honen” When Repeating the Amida on Shabbat
Tending on Shabbat to a Patient Whose Condition is Not Life-Threatening
Is One Allowed to Keep Other Items With the Tefillin in the Tefillin Bag?
Should One Expose the Tzitzit of His Tallit Katan?
Sisit: Folding a Tallit and other Garments on Shabbat
Sisit: Selling a Tallit to a Non-Jew, Hashgacha on Sisit, Using a Tallit to Clean Eyeglasses
Sisit: Folding the Tallit
Sisit: Bedsheets and the Earliest Time for Donning a Tallit
Sisit: Why Don't We Make a Beracha on a Tallit Katan?
Sisit: May One Recite a Beracha on a Tallit After Sunset?
Sisit: From What Age Should Boy Wear a Tallit?
Sisit: Using a Borrowed Tallit
Sisit: Can Sisit That Are No Longer Used be Disposed of?
Sisit: If Strings Tear
Page of 239
3585 Halachot found