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...
Rosh Hashana- Is it Proper to Cry During the Rosh Hashanah Prayers?
Talking in Between the Shofar Blasts
Reciting Shehehiyanu Over a Grafted Fruit on Rosh Hashanah
Exemptions in a Case of a Deferred Fast Day
Rosh Hashana- Blowing the Shebarim and Shebarim-Teru’a Sounds in a Single Breath
Rosh Hashana- A Berit Mila Held on Rosh Hashanah
What Are The Required Qualifications To Be Appointed As Hazan For The High Holiday Services
Why Do We Always Make the Beracha of Shehechiynau After The Beracha of The Mitzvah, For Example As Done On The Shofar On Rosh Hashana
Rosh Hashana- Some Laws Regarding Musaf Including The Topic of Ladies Praying Musaf Or Not
Rosh Hashana- Is It Permissible To Blow The Shofar On Rosh Hashana After Shul, After The Required Tikeeot Are Sounded
Rosh Hashana- The Correct Time for Tashlich & Tashlich on Shabbat
Rosh Hashana- Understanding The Custom of Tashlich
Eating Bread in the Sukka on the First Night of Sukkot; Eating on Erev Sukkot; Rainfall on the First Night of Sukkot
Succot- How Does One Choose a Kosher Etrog?
How does one Choose Hadasim?
Page of 239
3585 Halachot found