Torah · Halacha YomitLaws of Mukseh: Part 1 - Things Forbidden on ShabbatRabbi Uri Nahum · September 5, 2022 · Laws of Mukseh-15Play+30Position0:00—Save⌄ShareA Shabbat halacha class with Rabbi Uri Nahum.Recorded by BSD Productions.Transcript0:01Welcome to the Halacha Hour here on JRoot Radio.0:03We are filming and broadcasting live on0:09JRootRadio.com. Today is, I believe, Chet. Let me just check again, all the time.0:14Today is Chet Adar Aleph,0:18תשע״ו. We are broadcasting live. The number to the station is0:23718-683-5858. As we say every week, please call in at the end of the class at 30:27o'clock. We'll take your questions off the air,0:29and let's be finished the subject that we speak about, and then we'll let you know if it's earlier.0:33The best way to reach us with questions or comments is at0:39347-927-8398. We are in the middle of the discussion of the halachot of0:43מוקצה. We are getting towards the end of the halachot of0:46מוקצה. Before we begin, I would like to give a special thank you to Rav Gavriel0:51Reimi, who got me here on time, even though I'm late,0:53but still, it's pretty much on time, otherwise it would have been later.0:57Okay, let's get back to our halachot.0:59Last week we spoke about some very, very important rules,1:01and I know that last week's class really was more towards the men.1:07We have men and women both listening.1:09I usually try to keep it, you know,1:13דבר שווה לכל נפש, something that's applicable to everybody,1:16but I felt that when it comes to these laws, these subjects,1:20there's a lot of confusion, a lot of misunderstandings,1:24so I wanted to clarify the subject.1:26Listen, I'll tell you the truth,1:28even though I said last week this is only for the men,1:31I had some of the phone calls that called later1:34by some women who said that they enjoyed the class very much.1:37So I guess it wasn't so complicated,1:41Baruch Hashem. So we left off because of the timing last week,1:44we didn't have the chance and didn't have the ability1:47to really go through all the introduction that we need to know1:54regarding the concept of1:58מוקצה, מחמת איסור. So we want to review very quickly what we said,2:01some of the main points that we said last week.2:03If anybody would like, obviously, some further understanding or more clarity,2:07you'll have to go to the archives on2:12JRootRadio.com. We'll review some of the small points,2:14and then we'll pick up where we left off from2:15and complete this introduction before we go back2:18to the words of the Ben Ish Chai in Parashat Vayigash.2:22Let's review.2:24We mentioned that there was three machlokot in Masechet Shabbat,2:27in the laws of Shabbat, between Rabbi Shimon and Rabbi Yehuda,2:31where we usually rule like Rabbi Shimon.2:34The third area where there's machloket that we mentioned2:36was in the area of2:40hilchot muktzeh, and there the Gemara says that we hold like Rabbi Shimon.2:43In fact, the Rishonim rule like Rabbi Shimon.2:46However, we mentioned that in general, in general2:50we rule like Rabbi Shimon in the concept known as no2:53muktzeh. There was a2:54machloket. According to Rabbi Yehuda,2:58yes, yesh muktzeh. According to Rabbi Shimon, there is no3:00muktzeh. We clarified that the poskim bring down3:04this doesn't mean that all the laws of muktzeh don't exist according to Rabbi Shimon.3:09Rather, Rabbi Shimon himself agrees to the majority of the practical laws of3:15muktzeh, such as muktzeh machmat gufo, like stones,3:19things that are not utensils,3:21or muktzeh machmat chisaron kis,3:25something that's a kli shemelachto l'isur that's very expensive,3:29or kli shemelachto l'isur, Rabbi Shimon agrees3:32that you cannot move3:35a kli shemelachto l'isur, such as a hammer or a pen,3:39for the sake of the hammer or the pen.3:40That means if you want to protect it,3:42it has to be because you need to use it for something that's3:45mutar. Even Rabbi Shimon agrees.3:47The area that they argue on,3:50we mentioned they're only very specific,3:53and therefore a person can be misled,3:55or there can be a lot of misunderstanding.3:56Like, I'm telling you what I personally,3:59you know, so when I learned the4:02Masechet Shabbat and you see that Rabbi Shimon doesn't hold of4:06muktzeh, so you think, what's going on?4:07Why are all these rabbis telling us about4:09muktzeh? So the answer to that is,4:11yes, Rabbi Shimon holds of muktzeh that we mentioned,4:14but specific areas he doesn't,4:16like the concept known as4:20muktzeh machmat mi'us. I'd like to clarify this point of4:24muktzeh machmat mi'us because we've discussed in the past4:26the concept of graf4:29shel re'i. So here we have a halacha, a graf4:33shel re'i, that tells me that something that's muktzeh machmat gufo4:36can be moved because it's repulsive.4:39Yet we say that Rabbi Shimon holds4:41that there is no such a concept known as4:45muktzeh machmat mi'us, and we rule the halacha that way.4:47So I want to clarify what the difference between them,4:50muktzeh machmat mi'us and graf shel re'i, are actually two opposite things,4:54although the name sounds similar,4:57but they're actually two exactly opposite things.5:02In5:05muktzeh machmat mi'us, it's an item that is, in general, a5:10kli, and it's usually a5:12kli shemelachto l'heter, and because the way it has been used,5:16it became very disgusting,5:19and as a result,5:22according to Rabbi5:24Yehuda, this becomes muktzeh because it's disgusting.5:26Even though it's really a5:29kli, but since it's disgusting,5:31it becomes automatically5:34muktzeh. On that area over there,5:36Rabbi Shimon holds no.5:38Once it's a kli, even though it's repulsive,5:40even though it's disgusting,5:41it's a kli at the end of the day.5:43The repulsiveness, the fact that it's disgusting,5:46does not transform it into5:50muktzeh. I'll give you an example.5:52We mentioned last week the example5:54of a person who has a bowl.5:57In a bowl that should be6:01kli shemachto l'heter, and he put out cat food inside of it,6:04and now the cat came and ate from it,6:06and it's disgusting. There was left over,6:09it's spit in it, there's all these things,6:10but, you know, the food inside of it, it's still there,6:13or maybe the food is clean,6:14but it's disgusting.6:15It's all greasy and yucky,6:18but the bowl is nevertheless a bowl.6:21So in that area,6:23that's where the machloket of Rabbi Shimon6:25and Rabbi Yehuda exists.6:27According to Rabbi Yehuda,6:28the bowl came into Shabbat as a6:32kli; it is a6:36kli shemachto l'heter. But now that the cat ate from it,6:38made it disgusting,6:38it becomes6:39muktzeh. Rabbi Shimon says no,6:41it remains a6:41kli. Even though it's disgusting,6:44we don't hold of6:47muktzeh machmat mi'us, and therefore it's still permitted to use it.6:49Another case, another practical example:6:53disposables.6:54Let's say you're using disposables.6:55We discussed this in the past,6:57although there are some other opinions,6:59but we came out that disposables are not7:02muktzeh; you could really use them,7:02even though they become disgusting,7:06it's really, you know, it's all slimy and everything else.7:08But since it's a7:10kli, even though you're planning to throw it in the garbage,7:11but it's nevertheless a7:13kli, it's still a utensil,7:15and it does not turn into7:17muktzeh. That's7:18muktzeh machmat mi'us. The opposite of that is graf7:21shel re'i. In graf shel re'i, it's the exact opposite.7:23Graf shel re'i is something that's muktzeh machmat gufo.7:27It's nothing.7:28It's not a kli, it's not a utensil.7:31Like, for example,7:32forgive me to use the example,7:33but that's what they use in the7:35halacha: throw up,7:36or the waste of a person.7:39We won't use number one, two, whatever it is.7:41All these things, the vomit7:43and all these things,7:45it's not a7:46kli. It's not food, it's not edible,7:49yet it is disgusting.7:51Because it's disgusting,7:53you're allowed to pick it up and throw it away.7:55Likewise, if you have a rodent,7:56a dead mouse,7:58a rat,7:59those things.8:00When they're dead, it's nothing.8:02Baalei chayim in general are8:03muktzeh. But now that they're repulsive when they died,8:06even more so they're repulsive.8:08But because they're repulsive,8:11so it turns the muktzeh, it gives me a heter to remove8:15muktzeh machmat gufo if I need to use that room,8:18if I'm sitting in that room.8:20Okay,8:20so that's the example that we said that8:23Rabbi Shimon, we hold like Rabbi Shimon,8:26muktzeh machmat mi'us, we hold that's not8:30muktzeh. However, there's an area where Rabbi Shimon himself holds8:33that it is not muktzeh, and we don't go with him.8:37And like we mentioned last week, because8:39we find a bimei Ir agrees with Rabbi Yehuda on this,8:42so we don't go like Rabbi Shimon,8:44and that's the area of8:47muktzeh debein hashmashot. And this is so practical, so important.8:49Meaning, if something came into Shabbat as8:53muktzeh, that means I couldn't have access to it8:54because it's forbidden, whatever it may be,8:57then although Rabbi Shimon holds8:58that when the issur goes away, I'm allowed to use it,9:03we don't rule like him in this area.9:05An example, if a person has, for example,9:11what we're going to learn about basis later on,9:15if a person has placed something on,9:17you know, he's taking muktzeh, he placed it on a pillow.9:20Let's say he took money, he put it on the pillow.9:22Now, you wanted it to be on the pillow.9:26After Shabbat, the muktzeh—I mean, not9:28after Shabbat, during Shabbat—somebody removed the muktzeh from the pillow.9:32According to Rabbi Shimon, that pillow should be mutar.9:34Here we don't rule like Rabbi Shimon.9:36Here we say the halacha is like Rabbi Yehuda,9:40that since it came into Shabbat as9:43muktzeh, it remains muktzeh throughout the whole Shabbat.9:47One more concept, and this is an important concept,9:52where Rabbi Shimon will hold,9:53although something is9:56muktzeh machmat issur, it would still be forbidden.10:00And what is that?10:00We find in Rabbi Shimon ruling that when fruits10:03that came into Shabbat on the tree,10:05if they fell on Shabbat,10:08even though the muktzeh went away now, right?10:09You don't have to rip off;10:10you're not going to be over on the issur of10:13tolesh. Rabbi Shimon holds that they remain10:15muktzeh. Here even Rabbi Shimon agrees.10:17Why is that?10:18And the rule is that over here you have two conditions10:23which make this fruit10:27muktzeh, and these two conditions are needed10:29in order for Rabbi Shimon to agree that it remains10:34muktzeh even though the external reasons10:36that made it muktzeh coming into Shabbat are gone.10:39The fruit, it came into Shabbat on the tree.10:42So if it's still on the tree on Shabbat,10:43I can't pick it off the tree.10:45Now that it fell, why can I eat it according to Rabbi Shimon?10:48And the answer is because the fact10:50that I didn't pick it off the tree10:52shows that I don't want it,10:54so I pushed it away.10:55That's called10:57דחייה בידיים. In my mind, I put it away.10:59I don't want to eat from them.11:01Now that's condition number one,11:03because I did not pick them,11:06therefore I showed that I don't want them.11:08I was docheh, what we call in Hebrew,11:12pushed it aside. Condition number two is that during the coming of Shabbat,11:16meaning what we know as11:19בין השמשות, after sunset, if I wanted to take the11:22fruits, I wouldn't be able to take it.11:23Why?11:24Because it's on a tree.11:26I would have been doing issur by pulling it off the tree.11:29So therefore, even though the wind came on Shabbat day11:32and it was so windy like yesterday's11:34storm, and it made everything fall.11:36So now, the fruit is not on the tree anymore.11:39It doesn't make a difference.11:40Since it came into Shabbat with me thinking11:43that I'm not going to have it,11:45and condition number two also,11:46I couldn't take it if I wanted to during11:50bein hashmashot because it was still on the tree,11:52and that would be the issur of tolesh.11:55There, Rabbi Shimon will agree11:57that this is known as12:03muktze machmat issur and will remain12:06muktze. Another case, which we will come up to probably next week,12:09is a case where a person has a cup of oil12:13and there's a flame, and you lit it.12:17So according to Rabbi Shimon, if I know12:18that the oil is going to finish on Shabbat,12:23so therefore, I know that12:27when the light shuts off on Shabbat12:29because the oil finished,12:30I can still use the cup according to Rabbi Shimon in that case.12:32Why?12:33Because it's a small cup of oil.12:34But if I have a big jar of oil12:37and there's no way for the oil to shut off on Shabbat,12:39even though somehow miraculously the flame shuts off,12:42according to Rabbi Shimon, since when Shabbat came in,12:45I did not think I'm going to use the oil12:47because Shabbat is not going to allow me12:50because, you know, I'm expecting it to light throughout the Shabbat,12:53and12:54during bein hashmashot I couldn't have access to the cup over there12:56that's holding the oil12:57or the bowl that's holding the oil13:00because the flame is on it.13:02So in those two cases,13:03Rabbi Shimon will agree that's13:09muktze machmat issur. In this area of something coming into Shabbat,13:17the poskim bring out that there's a difference, though.13:20If something is coming into Shabbat as13:23muktze... There's a difference of how13:27mukzeh. We said if something comes into Shabbat as13:30mukzeh, whether Rabbi Shimon agrees or not,13:32it remains mukzeh throughout the whole Shabbat.13:34This is only true13:38if the item will not turn back into a13:44non-mukzeh by, you know, bidei shamayim,13:46meaning to say it's something that will happen on its own.13:49For example, let's say you took some clothing that's wet,13:52and it's soaking wet.13:54But Chachamim told us13:55we cannot pick it up because we're13:59scared of bidui sechitah, and therefore when something is soaking wet,14:00came to Shabbat soaking wet on a clothesline,14:03and you left it out to dry in the sun,14:05even though eventually it dried up in the sun,14:08I still cannot take the clothing off the clothesline.14:11Why?14:12Because it's not in my control14:13that the clothing should be dry or not,14:15because the sun may come out or may be cloudy,14:18so I don't have full control of that.14:22However, something where I do have control over it,14:26something that came to Shabbat as14:27mukzeh, but I have control over it in a way that's permitted14:30that I could access it on Shabbat.14:33For example, for example,14:36let's say I have food, raw food.14:38We're going to learn about it eventually,14:40but we all know that you can take raw food,14:43put it on a crockpot, and let it cook throughout Shabbat.14:46So when Shabbat came in, the food was raw.14:48Raw food, we learned, is already14:50mukzeh. So if raw food is14:52mukzeh, how in the world are we eating the food on Shabbat?14:54It came into Shabbat as mukzeh, and it wasn't ready yet.14:57So how could you tell me now we could eat food on Shabbat?15:01It should be mukzeh because it came in as15:04mukzeh. And the answer is, since over there it's in my control15:07that it could be cooked, how?15:09By me putting the right temperature before Shabbat,15:11that I know when Shabbat comes in15:14it's going to be ready and edible.15:16So that's known as gemaro bidei adam.15:18When it's gemaro bidei adam,15:20where that means I could control15:23that the mukzeh should go away on Shabbat15:26without doing15:28an issur, there. We agree that the halacha is15:31that it becomes eventually15:34non-muktzeh. If you did not follow me up till now,15:37it was a little bit complicated, I don't blame you,15:39but I had to say it.15:40Because for those who did follow me,15:42I hope it was helpful,15:44and perhaps when you hear this class a little bit15:47over and over again, do a little bit of15:50chazara, hopefully it will be appreciated.15:53Okay, now we will move on, be'ezrat Hashem,15:56to the15:58ben ish chai inside. We will do perhaps one...16:00Halacha, I don't think we'll get more than one halacha, but the good news is that by next week we16:05hope to completely finish the halachot of muktzeh that we need from the16:12Ben Ish Chai. And we're up to the last subject of muktzeh, and that is basis16:17ledavar ha'asur. The basis ledavar ha'asur is a little bit of a complicated subject.16:22It happens to be it's hard, it's hard, but with a few rules it wouldn't be so hard.16:28And you should know it is practical.16:29It's very, very practical.16:31It's halacha lemaaseh in a lot of areas.16:34So let's get straight to the halachot,16:38and we'll give a little bit of an introduction to basis16:41ledavar ha'asur. Let's first define the terminology that we find in halacha.16:45Basis means the base,16:46same word in English.16:48Basis16:50ledavar ha'asur, a base, something that's made as a base, basically holding something that's forbidden.16:56This is an area, this is one of the categories of17:02muktzeh that tells us that when something comes into Shabbat, although it comes in in itself,17:08it's a kli she'melachto l'heter, but since it's holding something that's asur,17:15something that is muktzeh, then that which is the basis, the basis means the base,17:21that which is being used to hold up the muktzeh has the same status as the muktzeh itself.17:28So let's give you a mashal to discuss exactly what I mean.17:32Money.17:34What's the status of money?17:35By now you should know17:36money, the status is good, we want it.17:38Now, I mean on Shabbat,17:40what's the status of money on Shabbat,17:42in muktzeh that is?17:43And the answer is money is muktzeh machmat gufo.17:47Good.17:48If money is muktzeh machmat gufo, it means I cannot move it for anything.17:52The only thing I can do is, we're going to learn later on, is move it in an irregular way,17:57okay?17:58So when I have money that's in a bowl. The bowl itself technically is18:07kli shemachto l'heter. But so long as the money is inside of the bowl, the bowl itself18:13remains—excuse me—the bowl absorbs the status of muktzeh of the money,18:17and the bowl also becomes muktzeh machmat gufo,18:22because it's there holding the money.18:25This is the halacha on Shabbat. Whenever I find money in a bowl, or any muktzeh machmat gufo18:32on top of any keli that's18:37shemachto l'heter, and18:41kavachomer kli shemachto l'isur. Now, the question is, okay, how does it turn into—what's exactly this whole18:47concept of18:48basis davar ha'asur? So we go to the next point.18:52When the muktzeh has been removed on Shabbat, the kids came, they saw a few coins,18:59and they won. They took the coins from the bowl, and they placed them in the tzedakah box.19:04Tzadikim. Even on Shabbat they're giving money.19:08Ashreihem Yisrael. Fine.19:09Obviously kids don't know.19:10But at the end of the day, ah, my bowl is now free of the19:14muktzeh. Can I now move the bowl or not?19:16You would say, why not?19:18The muktzeh is not there.19:18You told me it's a basis.19:20When it's a base,19:21it's holding the19:22muktzeh. I don't see any muktzeh over here.19:24Why should the bowl become forbidden?19:28And this is where the halacha of basis kicks in,19:30and it tells us that no.19:33The halacha of basis tells us that if something came into Shabbat as a basis,19:42which means it came in holding muktzeh, even though the muktzeh has been removed.19:49The kli shemelachto l'heter remains as the same status as the muktzeh machmat gufo,19:55even though it's not there anymore.19:56But in order to become, and this is what's known, becoming a basis.20:02In order to become a basis, though, you need to have conditions.20:07And here are only a partial list of the conditions.20:10The reason why I call it a partial list is because you open up all the poskim,20:14Baruch Hashem, big20:16talmidei chachamim, and a lot of big talmidei chachamim have done a big service to us20:20by writing different sefarim on the subject,20:23and they all bring conditions.20:24But the conditions are there based on different20:30shitos. I didn't bring all the conditions of basis over here20:33because each detail will be discussed later on in its own place when we get to it.20:38So this is a very short and abridged20:43list of the conditions in order to make something basis.20:46Really, there's more, and there's much more to clarify.20:48Bezrat Hashem, as we go through the Bnei Yissaschar, we'll bring out those points.20:52But these are things that basically everybody agrees on.20:56In order for something to have the status of basis, and keep20:59in mind, whenever we say something has the status of basis,21:01I'm referring to21:03a kli shemelachto l'heter that otherwise I would have been able to move it.21:06I can move a bowl on21:08Shabbat. I can move a pillow on21:09Shabbat. I can move a table on21:10Shabbat. I can move a chair on21:12Shabbat. These are all examples of21:15kli shemelachto l'heter. When it comes, and when it has the muktzeh on top21:19of it, when it has the money on top of it,21:21or something else that's21:24muktzeh machmat gufo, then already the chair becomes the basis,21:27or the table, or the pillow becomes a basis to the money.21:32And that's in order for that to happen,21:34in order for a kli shemelachto l'heter to become a basis,21:38number one is, everybody agrees on this,21:40it must be placed before Shabbat comes in.21:43That's what we call before bein hashmashot, before sunset.21:47Not when you accept Shabbat,21:49but before actual Shabbat.21:52So if you like to accept Shabbat 45 minutes beforehand,21:55and something was placed on the kli shemelachto leheter22:02before you accepted Shabbat,22:04but before Shabbat actually came in, it was removed,22:07then the item does not become a basis.22:11Basis has to be before actual Shabbat comes in,22:12which is by sunset.22:14That everybody agrees on. It must be placed there before.22:17In the case where some muktzeh was placed,22:23muktzeh machmat gufo, that is, like for example money,22:26was placed on a kli shemelachto leheter on Shabbat,22:31then the bowl,22:32the bowl which is kli shemelachto leheter that's holding the money,22:36is only a basis as long as the money is there.22:39Once the money is removed somehow,22:41the bowl goes back to its original status.22:43In order to retain its status of muktzeh, of basis,22:46even when the muktzeh is removed,22:49the item has to have been placed before Shabbat.22:52But that's not all the conditions. There's more.22:54Number two is, it must be placed there with the intention22:58to be there on Shabbat.23:02We're going to talk more about this detail later on,23:04but everybody agrees that it has to be done with intention,23:06meaning to say, if you had no intention,23:09you just happened to throw something down,23:12or you put it there a few days before Shabbat23:16not thinking it's going to be there on Shabbat,23:18then everybody agrees it's not going to become23:20muktzeh, because you're not thinking that it should be there for Shabbat.23:22You just happened to have placed it there.23:25Basis can only be created when a person has23:28kavanah, when a person has intention23:30that he wants the muktzeh to be there on Shabbat.23:34Again, this has a lot of detail,23:36but I think we'll get to it today.23:39Number three, the mukseh has to be there,23:44although we mentioned a little bit beforehand.23:46The mukseh actually must not just come in into Shabbat23:51on top of the kisui hachtol heter.23:54In order for something to be a basis,23:56the actual mukseh has to be there through, through ad bein hashmashot.24:00And again, this also has some discussions, machloket. We'll get to, bezrat Hashem, as we go through the Ben24:07Ish Chai. Now, with this little bit of an introduction, we'll go now to Parashat Vayigash in the Ben Ish Chai, שנה שנייה, second year, Halacha Yud.24:18We'll read a little bit from the Ben Ish Chai, a few halachot, and then a few—it's all really one big24:22halacha—but we'll point out all the laws that we learned and the things that, bezrat Hashem, we will learn about, and talk about the different opinions where there is a24:35machloket. Let's begin.24:38שכח מערב שבת מעות על הכר. Here's how he brings us a case.24:40Let's say a person forgot money from Friday on top of a pillow,24:48וצריך לזה הכר ביום שבת לשכב עליו, and now you need this pillow to sleep on it on Shabbat.24:54You come in and you see that you left money on your pillow, and you remember,24:58Oh yeah, I rushed home right before Shabbat, and I was in a crazy rush. I was taking off my weekday clothing.25:05I took off—I took the money, I took the five dollars I had or the coins, and I just dumped it on my pillow, and I ran into the shower.25:15Came out of the shower, got dressed, and ran to shul.25:18Now I come back Friday night after my meal, I want to sleep, I see money on the pillow. I need to sleep on the pillow.25:23What's the halacha?25:26Obviously I can't move the money, but the pillow I need.25:29So says Ben Ish Chai over here, the halacha tells us in the Shulchan Aruch as well,25:34הרי זה מנערו. What you could do is shake off the pillow, shake the money off the pillow, ומעות נופלות שם, and then the money will fall there.25:43אבל לא יטלטלנו וינערו למקום אחר, but what you cannot do is you cannot pick up the pillow and then shake it off to the side.25:48You have to actually shake the money right there, shake it off the pillow, and then you could use the pillow.25:53A few pointers over here.25:55Number one is the key word over here is shachach, he forgot.25:58Like we mentioned in the conditions, in order for something to become26:03muktzeh, or at least, excuse me, in order for something to remain basis through Shabbat,26:09then it has to be done with intention.26:12Our example that we're giving here is a case where a person forgot.26:15He didn't think about it. He forgot that he put money on the pillow.26:19He was rushing, he was trying to get into the shower, he just took it out of his pockets26:25and he dumped it on the pillow.26:26So in such a case, it will not be a case of what? Basis.26:34But so long as the money is still on your pillow,26:41then the pillow cannot be moved because it's holding up the money.26:45So what do you do in that case?26:47Ben Ish Chai says you shake the pillow.26:49You shake the money off your pillow by, you know, by shaking the pillow. That's it.26:55You take your pillow. You don't pick up the pillow. You just shake it off.26:58This is what's known as26:59tiltul min הצד. We've spoken about it in the past, but now we're going to discuss it in detail.27:04The halacha tells us that tiltul min הצד ltzorech davar hamutar is mutar.27:11Whoa, what does that mean?27:13This is a terminology that we have to know.27:17Tiltul min הצד. What does it mean,27:19tiltul min הצד? Tiltul min הצד, unlike its name implies,27:22tiltul min הצד, you know, does not mean that you move tiltul in an abnormal way.27:26Tiltul min הצד means when I use a non-muktzeh item to move something that is27:35muktzeh. That's called27:37tiltul min הצד. So, for example, let's say I have a phone on my table,27:42and the phone is27:45מוקצה מחמת חסרון כיס. It's a brand new iPhone 6. Okay,27:49I don't have an iPhone, but kach omrim li.27:51They tell me it's a chashuva thing to have an iPhone 6S.27:54That's a big one; it's very expensive.27:55So it's therefore, it's in the category of27:59מוקצה מחמת חסרון כיס. Now, I come to the Shabbat table, or I come to whatever, wherever it may be,28:04and I see the phone right there in the spot where I want to eat.28:07So if it had been a regular phone, it's28:10כלי שמלאכתו לאיסור, I'm allowed to pick it up with my hands and move it away.28:12But now it's in the spot where I want to eat.28:14I want to use that spot.28:16So what I could do, the halacha says I can do28:19טלטול מן הצד, which means I can take a tissue box, which is28:23כלי שמלאכתו להיתר, and using the tissue box, I could move the phone away from the spot that I need to use.28:30That would be permitted. You know why?28:32That's called טלטול מן הצד, which is using the tissue box to move the iPhone 6S,28:38which is28:45מוקצה מחמת חסרון כיס, and I'm using it, I'm doing it28:49why? לצורך דבר המותר. That's a condition that's28:50needed, and that can only be done because I need—I'm doing it for something that's28:55מותר, which is the area that I need to use. I need to eat over there.28:58However, if I'm doing29:02טלטול מן הצד לצורך דבר האסור, if my whole purpose of moving the iPhone is really for the sake of the iPhone,29:07for example, the iPhone is on my desk and I have a drawer under it, which is open,29:13but if I keep my iPhone out, for about it, the kids might take it29:16and something might fall on it and it's going to crack the29:19screen, and I want to now push away the phone.29:22If I take the tissue box, which is29:26כלי שמלאכתו להיתר, and move the phone with the tissue box, I'm not touching the phone directly.29:30I'm just—I'm doing it with the tissue box.29:34That case. And such an example will be known as29:40mukzeh. I mean,29:45tiltul min הצד לצורך דבר האסור. Yes, I'm using tiltul min הצד. I'm using the tissue box, which is mutar29:49to move the iPhone 6S, which is29:53mukzeh. But I'm not doing it because I need that location.29:56I'm doing it to protect the phone.29:59Oh, it's for the sake of דבר האסור, then it will not be permitted.30:04I will not be able to do what's known as30:10tiltul מן הצד. Back to our case of the30:11pillow. The money is on the pillow. I need to use the pillow.30:16So the pillow is30:19כלי שמלאכתו להיתר, and the mukzeh, which is the money, is on the pillow,30:22was placed there by accident. I didn't do it intentional.30:26So now I need to use to move the money. I can't touch the money directly,30:30but I can use the pillow to shake off the money.30:34That means I'm moving the money through the pillow.30:38That's called30:39tiltul מן הצד. The pillow, which is30:42כלי שמלאכתו להיתר, is being used to move the money,30:44so I could lie down on the pillow.30:48Ah, but the money was on it,30:50even though it should... Why isn't the pillow remain as basis?30:54And that's what we said beforehand,30:55because שכח. You didn't put it there with intention that it should be there for Shabbat.30:59You forgot.31:00And that's why it's permitted to do what we just said.31:04Now, Ben Ish Chai continues.31:06He tells us another detail regarding31:09tiltul מן הצד, which is also a31:16halacha. ואם צריך לשב במקום הכר, מותר לטלטל הכר ממקומו ולהניחו במקום אחר. If I need the place of the pillow,31:19that means I want to sit down.31:22The pillow is on my couch,31:23and on the, you know, sometimes you sit on the couch31:25and money slips out of your pocket.31:27So now... It's slipped down on Erev Shabbat.31:30Money slipped out of my31:32pocket. It's on the pillow.31:33I come to sit down on Shabbat,31:34and I need the, you know, I like the edge, you know, where the armrest is.31:37I like to put my arm over there,31:38and the pillow is there.31:39So if I shake off the pillow, if I shake the money off the pillow,31:43it doesn't help me31:44because the money will still be on the couch.31:46So in that case, since I need the location of the31:52muktzeh, and I'm doing the31:54tumna tzad, I can pick up the whole thing.31:56I can pick up the pillow31:57together with the money31:58and move it away.31:58Why?31:59Because by—32:00Shaking it off, which I'm allowed to do,32:03l'taltel מן הצד, lטלטל דבר המותר, because I need that location.32:05I won't gain anything, because I still need that spot.32:10The money is just going to fall on top of it. I'm not going to gain anything.32:12I'm still going to sit on top of the money, which is not going to be comfortable.32:15So therefore, totumnatzad, although we tell you usually shake off the32:20muktzeh, you can carry the muktzeh together with the32:33issur—excuse me, the kli shemלאכתו לאיסור—together with the muktzeh. Here, if I need the location of the item, I could pick them all together.32:37I pick them all up and move them away.32:39That's a halacha that we find in Shulchan Aruch, that's brought from the Gemara.32:43If I have a stone on top of a barrel—the stone,32:45muktzeh מחמת גופו—and the barrel, which has the wine inside of it, I want to pick up the barrel and move the stone.32:52Really, you're supposed to shake off the stone from the barrel.32:54But if I pick up the barrel together with the stone, because there's other barrels around,32:58because I need its location, I can pick them all up and move them away.33:03Next, let's continue in the Ben33:05Ish Chai. ואם רק חושש על המעות שלא יגנבו. What if a person has money on top of the pillow, and now he sees,33:14you know, wow, it's not five dollars. I can't believe it. I had a stack of a few hundred dollars33:20and a few checks that are all written out to cash.33:22He has a total of maybe five, six thousand dollars. It's payday, you know, Friday is payday, right?33:26So he forgot it all on the pillow. But now he doesn't need the pillow.33:31La'inara, if a guy is coming home with five thousand dollars on one day, you know, he's got enough money.33:36But he's worried שלא יגנבו. Maybe the housekeeper is going to come on Shabbat tomorrow.33:41Maybe she'll take it away. Or maybe it'll fall and I won't be able to find it.33:46The kids will think it's Monopoly money and they'll use it for33:52biur chametz. ולכן רוצה לפנותו משם ולנערו. And therefore, you want to move away the money. You want to pick up the pillow with the money.33:57You want to move it away so you could put it in a safe place,34:01even though you're not touching the money directly. I'm only touching it through the pillow.34:04אסור. That is asur. Why?34:08Because there, there we have the case that we just said.34:11It's toltol min hatzad. I'm using the pillow, which is mutar, to move the money, which is asur.34:18But let's talk about the asur. It's for the sake of the money, to protect the money.34:21In that case, that is forbidden.34:26Okay. Now, Ben Ish Chai continues, and he says,34:29Bameh devarim amurim? When do I tell you you could shake off the money that's on the pillow34:33and the pillow becomes mutar to use on Shabbat?34:36That's only shehaya beda'ato lehasiram קודם כניסת השבת. That's only if he had intention to really remove them before Shabbat came in,34:43veshachach, and he happened to forget34:48himself. But if you had placed them on the pillow with the intention that they should be there for Shabbat.34:56So obviously nobody places money on the pillow, so let's give you another example.35:00You took, you have a tissue box on your desk, on your table,35:05and you don't want to look for your money afterwards.35:08You have nobody who's going to play with your items, nobody's going to take your items away,35:12nobody's coming to your house that, you know, you don't trust.35:14You take the money, you put it on top of the tissue box35:17because you want it to be on the tissue box to remind you motzaei Shabbat35:21that you need to pay someone.35:23So there, you took your money, or your wallet in such a case,35:27which is muktzeh machmat gufo,35:28you placed it on top of the tissue box35:31intentionally that it should be there,35:33so this way motzaei Shabbat it reminds you what you have to do.35:37Then, oh, it's a different35:43din. Na'asa karasmo mukzeh ve'asur lena'aro o letaltelo. Such an example, the kli she'machto leheter35:48also, it becomes muktzeh machmat gufo,35:52and you cannot move it at all.35:53In our example that we gave,35:55you placed your money on top of your tissue box on your desk.35:58The tishu box, which is usually36:02kli she'melachto l'heter, also becomes muktzeh machmat gufo.36:06And even somehow the money came off your tishu box on Shabbat,36:13hakar asur lehazizo mimkomo. The pillow becomes forbidden.36:17That's a case of the Ben36:18Ish Chai. In our example, the tishu box,36:21even though there's no money on it on Shabbat anymore,36:23but since it came in Shabbat that you wanted to be there,36:26it becomes36:29muktzeh, and this is what's known as a basis.36:31And here's the Ben Ish Chai's line:36:35Vechosheh haya bein hashmashot basis ledavar haasur. If during the duration of bein hashmashot36:38it was basis36:40ledavar haasur, after bein hashmashot,36:43techev נטלו המוקצה מעליו. Even though right after bein hashmashot36:45they took away the36:49muktzeh, it doesn't make a difference.36:51The pillow becomes asur.36:54In our case, the tishu box remains asur,36:58like the money, throughout the whole duration of Shabbat.37:01It becomes muktzeh machmat gufo.37:03Now obviously that's only for that Shabbat.37:06So now, Ben Ish Chai mentioned37:08that the whole heter to the pillow that we gave beforehand37:13of shaking the money off the pillow37:15is only when you forgot.37:16This concept of forgetting37:19really is not just a person forgot.37:23Really, the halacha says37:25in order for something to become basis,37:27you have to have intention that it should be there on Shabbat.37:30But here we have a machloket rishonim37:33between37:36Trumat HaDeshen—this is Rabbeinu Baruch,37:37excuse me, not Trumat HaDeshen, sorry—Sefer HaTerumah,37:41Sefer HaTerumah,37:42mechilah, Sefer HaTerumah, Rabbeinu Baruch.37:44Tosafot also goes this way37:45versus Rashi and other Rishonim.37:48What does it mean when the halacha says that37:50to make something basis,37:52I have to have intention that it should be there?37:56According to Sefer HaTerumah,37:58in order for something to become basis,38:00I need to have intention38:05that the38:06muktzeh should be on top of the38:09kli shemeachto l'heter for the duration of the entire Shabbat,38:12like the mashal that we gave.38:14I have a wallet38:15that's muktzeh machmat gufo,38:16and I put it on a tissue box.38:18According to Sefer HaTerumah,38:20I must have in mind38:22that it should be there38:25until motzaei Shabbat.38:27If my kavanah was it should be there38:29only, let's say, until Shabbat afternoon,38:32and then Shabbat afternoon38:33I'm going to go to move it,38:34according to Sefer HaTerumah,38:36then once the goy removes the money off the tissue box,38:40the tissue box comes back to becoming mutar.38:43That's the opinion of the Sefer HaTerumah.38:45However, Rashi, other Rishonim,38:48disagree with Sefer HaTerumah,38:49and in fact the Beit Yosef himself,38:52Maran in Shulchan Aruch,38:54really rules against this opinion,38:58and he holds39:00that if your kavanah,39:01if your intention39:02is that this39:07muktzeh is going to be39:12removed—pay attention—if your intention39:13is that this39:15muktzeh is going to be removed39:17on Shabbat,39:20the39:22kli shemeachto l'heter remains39:23muktzeh. Why?39:24Because you had kavanah39:26that it should be there39:26during the duration of bein hashmashot.39:28This is a very important point.39:31According to the halacha39:32that Maran Shulchan Aruch goes with,39:35as long as your intention was39:36that it should be there39:37just for the duration of bein hashmashot,39:39and Rav Moshe explains39:40what does it39:40mean duration of bein hashmashot,39:41it means whatever you hold39:42bein hashmashot is.39:43That means39:43if you hold like39:45Rabbeinu Tam, okay, so 72 minutes later.39:46If you hold like the Geonim,39:4813 and a half minutes later.39:49Whatever you39:50hold bein hashmashot is,39:51or when it begins,39:53if your kavanah39:54is that it should be there39:55during bein hashmashot,39:57even if you wanted to remove it39:59later on on—40:00Shabbat, it stays mukseh machmat gufo. It becomes what we know as a basis.40:09And therefore, the halacha tells us, because really that's the opinion of Maran,40:15is that if a person came and placed mukseh machmat gufo on a kli shemelachto l'heter with the intention that it should be there in the coming of Shabbat,40:23which is bein hashmashot, then even though the mukseh is somehow removed after40:27Shabbat, or a person had kavanah to remove it and he got to go to move it on Shabbat,40:32it still retains the kli shemelachto l'heter, remains basis, and it stays mukseh throughout the entire Shabbat.40:41However, the Biur Halacha brings down in the name of the Bach,40:45in a case where it's sha'at hadchak, a person could rely on the opinion of the40:54Terumat HaDeshen. This is actually Terumat HaDeshen, my mistake. I mean, it's Sefer Terumah. This is the opinion of Sefer41:01HaTerumah. Okay. Another question is, we said that it has to be there on the mukseh has to be on a kli shemelachto l'heter during41:11bein hashmashot. Here again we find machloket between the Mishnah Berurah and the Gra Moshe.41:16According to Rav Moshe Feinstein, if the mukseh was placed on a kli shemelachto l'heter at any time during41:27bein hashmashot, even for a minute, and obviously with the intention that it should be there for that minute,41:31it makes it mukseh, it makes it a basis, remains mukseh throughout the whole entire Shabbat.41:36However, Mishnah Berurah says no. In order for it to become a basis, it has to be there for the entire41:46bein hashmashot. It cannot only be there just for a moment. It has to be from the beginning till the end of41:52bein hashmashot. And in fact, Shulchan Aruch Harav also is the same opinion as Mishnah Berurah, as well as41:58Chazon Ovadia. He also rules like Mishnah Berurah. I did not find too many supporters to the opinion of the Igrot Moshe42:04that hold that any time bein hashmashot can make something into a basis.42:11Okay, once we got that out of the way, we want to discuss now another important point,42:19and that is, we mentioned in bein hashmashot if a person forgets something,42:24you placed, let's say, the muktzeh, Mahmad gufo, on top of42:29kli shemelachto l'heter. If he did it by accident, he forgot it, it becomes, we said, what we call a basis.42:35It does not become a basis; you could shake it off.42:38There are other cases also that not only if a person, you know, did it unintentionally, forgot about it.42:43There are other cases also that we consider like as if you forgot it there.42:48What, for example? We find that an item that was placed, I mean, let's take a mashal.42:55If you put money in a bowl on Tuesday and you forgot about it,43:01you didn't have intention that you're going to remove the money out of the bowl,43:03but you forgot about it. That's not the place of the money; it just happened to place it in the bowl.43:07And now Shabbat came and you want to use the bowl.43:10Can you use the bowl? Could you shake the money off the bowl and use the bowl,43:14or do we say the bowl becomes a basis?43:17Here, the halacha tells us that since it was placed before Shabbat43:21and you didn't have intention that it should be there on Shabbat,43:25here the halacha tells us that it does not become basis,43:30even though you didn't think about removing it, but still you didn't have intention that it should be there either.43:35However, this is only if you placed it on Sunday, Monday, Tuesday, Wednesday, or Thursday.43:42When you put money in a bowl on Friday without thinking that it should be there for Shabbat,43:47we found a machloket between Trumat HaDeshen and the Beit Yosef.43:52According to Trumat HaDeshen, if you place it on Friday, Erev Shabbat, or Erev Yom Tov, that is,43:59if you place money in the bowl without thinking that it should be there for Shabbat,44:02but you place it there, but you didn't have intention to remove it either,44:05then when Shabbat comes in, the bowl becomes a basis.44:09However, Maran Beit Yosef disagrees,44:11and Maran holds, although he doesn't bring it clearly in Shulchan Aruch, like clearly says in Beit Yosef,44:17he holds that if you place money even on Friday in the bowl,44:21as long as you didn't have a positive intention that it should be there throughout the duration of Shabbat,44:27or at least throughout the duration of44:30bein hashmashot, the bowl does not become44:31muktzeh. So if a person placed money in the bowl without thinking,44:33according to the Beit Yosef, if you realize on Shabbat that the money is there44:38and, you know, obviously you didn't want it to be there, or at least you didn't think about it,44:42you could shake off the money and use the bowl.44:46Next, one last thing before we take phone calls or we go away,44:51as I said, till next week we'll continue.44:53One more halacha, and that is another case where a person could place muktzeh without making it a basis.45:02For example, if a person doesn't have intention that the muktzeh should be there,45:07he has no other option.45:09I'll give you an example to make this a little clearer.45:12A person takes candles, or Shabbat candles,45:15and he places them on a tablecloth on the dining room table.45:19Now really, why are you placing your candles on the Shabbat table?45:22Like we learned,45:23according to minhag Ashkenazim, they light their candles on the table itself.45:27So now... Really, I don't want to place it on the tablecloth,45:31but I have no choice. I can't put it directly on the table,45:34so I have to put it on the tablecloth,45:36and then, because that's the only way I could get it on the table.45:39But I couldn't care less that it should be on the tablecloth.45:42So in that case, the table, even once I remove the candles from there,45:48the table remains muktzeh because I want it to be on the45:51table. But if the goy or somebody removed the candlesticks on Shabbat,45:55the tablecloth itself does not become45:58muktzeh because I didn't care that it should be on the tablecloth.46:02The tablecloth just got into the way between the candlesticks and the table.46:08Another example is if I place muktzeh by accident somewhere,46:14and let's say I open my drawer and I chuck my money inside,46:17and it landed on something that I didn't want it to be there on Shabbat.46:21In that case also, according to the46:25Magen Avraham, that doesn't make the item that's inside my drawer a46:30basis, even though money fell on it.46:32For example, I have in my, what's it called, I have a tissue box in my drawer,46:39and I put the money in my drawer.46:40I didn't think it's going to go on the tissue box;46:42I just chucked it there because there's no other room.46:44And now I come on Shabbat and I see that the money is on top of the tissue box,46:50then I cannot—the tissue box does not become basis.46:53I can shake off the money and use the tissue box afterwards.46:57Although there's a machloket over here, the47:01Magen Avraham—excuse me, the Taz argues on the47:04Magen Avraham. Still, Mishnah Berurah rules47:06like Magen Avraham, and so do many other Acharonim, as the Sha'ar HaTziyun brings down.47:09So therefore, in such a case, a person could also be lenient.47:12See, we're running out of time. We're going to have to stop over here.47:16Next week. We'll pick up a little bit from basis, the halachot of basis.47:20We'll clarify a little bit more what we spoke about today,47:23and then, b'ezrat Hashem, we'll move on, hopefully, hopefully, finishing all the laws of47:31muktzeh, b'ezrat Hashem, and we'll tell you what's going to come up afterwards,47:34b'ezrat Hashem. Thank you for joining us. The number to call in if you have any questions,47:37clarify, or to ask,47:41718-683-5858. You could text in also47:45347-927-8398. This class will be aired on again tonight at 1047:48o'clock. I want to give a thanks, as usual, to Iran, Nissim, and the whole JRoot Radio staff.47:53Thank you for listening. Have a wonderful week. Shabbat shalom.47:57We'll see you next week, b'ezrat Hashem.