Torah · Halacha YomitLaws of Mukseh: Part 2 - 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.Transcript0:00Welcome to the Halacha Hour here on JRoot Radio,0:05live on Ted Vav Adar Aleph. We are today Purim Katan, Shushan Purim Katan.0:12We're exactly a month away from Purim. We're all excited. So before we begin, I'd like to first0:16give a thank you to my good friends Jack, Zami, and Alba Kadari for getting me a ride over here so0:24I could come on time. On time means before, you know, ten minutes of the show, 2:08. We're not bad.0:28We're starting, be'ezrat Hashem. Before we come to the class, let's just give a few quick announcements. Number one0:35is the numbers to the studio. If you'd like to call or text in, we prefer that you text0:41in to the studio if you have any questions or comments. We hope that today's class will be the final class0:49on mukseh from the Ben Ish Chai, and with this, with the halachot today of the halachot of the laws of0:56basis ledavar ha'asur, will clarify what we spoke about a little bit last week. And hopefully sum up1:03and finish up everything that has to do with basis devar ha'asur, and with this1:09we'll be mesayem the two parashiyot, two very difficult parashiyot of the subject of1:16muktzeh. So therefore, we'll give you the number now, but call only after the show, or if we finish,1:23if we have time before the end of the show. The number is 718-683-5858. To text in,1:32it's 347-927-8398. That's the best way to reach us, 347-927-8398. Do not text my personal text. If you want to1:39have a question, please do it to the station. This way I'm able to answer. Again,1:47347-927-8398. Okay. Now, before the class itself, a few quick announcements. This class is1:55l'refuah shleimah of Eliyahu ben Rosa, somebody very dear to me. Hashem should give him a full recovery and bring2:00him back, be'ezrat Hashem, to his original state of health, be'ezrat Hashem. And of course, on behalf of JRoot Radio and the entire2:18listeners in Brooklyn and beyond, we'd like to extend our best wishes, a big mazal tov and mabrook to the Kohen and Lazari family. That's of Nissim Lazari's daughters is tonight,2:25their two children, their children Yehuda and Hila, be'ezrat Hashem, they should be zocheh to build a2:32bayit ne'eman b'Yisrael, and their families and all Klal Yisrael should only see nachat from them,2:37with all the berachot of health, wealth, and banim zecharim, and healthy children,2:44be'ezrat Hashem. Hashem should bless them and their families. And of course, this is our dear friend, Rav Nissim.2:51was behind this whole radio and the whole website, and we owe him a lot of hakarat2:56hatov. So if you're in the neighborhood, drop by and say, Mazal tov, mabruk. I don't know if he3:01wants me—I'm not really inviting him. It's not my party. I can't invite everybody. But3:04please don't forget to send him your best wishes. You could text it into the station. He'll look at3:10it later on. And from here, from the halacha hour, we wish him the best, and the rest of the3:17family, that Hashem should be able to marry off, b'simcha. Okay, back to the3:26halachot, b'ezrat Hashem. And of course, one more, we'd like to send the mazal tov to Yosef Safdie on his engagement3:33tonight, b'ezrat Hashem. It should also be nichnas l'chuppah b'sha'ah tovah, b'ezrat Hashem. Mazal tov to the Safdie family as well. Okay, let's come back now to the halachot of3:45muktzeh, b'ezrat Hashem. In the halachot of muktzeh, we discussed the last category of muktzeh last week,3:54the laws of basis l'davar ha'asur. I felt that I wasn't clear enough last week. Maybe it was too4:01much information. Maybe it wasn't presented properly. So therefore, I would like to go over the4:06laws of basis l'davar ha'asur in a very clear way, reviewing some of the things from last week,4:11as well as explaining and clarifying other things, b'ezrat Hashem. Let's begin. An introduction is as follows.4:21We know already by now all the different dinim of muktzeh. In the laws of basis4:27l'davar ha'asur, the halacha tells us that anything that's holding muktzeh, so long as the muktzeh is still4:35on it. Then it takes on the same status. Meaning, if you have something that's a4:41kli she'melachto l'heter, and inside of the kli she'melachto l'heter, on top of it, we find that there4:47is muktzeh on Shabbat. Let's say that muktzeh is muktzeh machmat gufo. The laws of basis4:54ledavar ha'asur tell us that as long as the muktzeh is on top of the kli she'melachto l'heter, the5:02kli she'melachto l'heter turns into muktzeh machmat gufo, and it has the same status, muktzeh machmat gufo. You cannot move it,5:09not even l'tzorech gufo u'mkomo. Let's pick an example that we'll keep on using forth, and that is:5:15you have a bowl, and inside the bowl you have some coins. The coins, the money, is muktzeh machmat gufo.5:21The bowl itself is a kli she'melachto l'heter. It's made for eating cereal with it. It's made5:27for eating soup with it. This bowl, which under normal circumstances I should be able to move5:33in whichever way I like, even to protect it from any harm, so long as the coins are inside of it,5:39then the bowl retains the status of the coins and it also becomes muktzeh machmat gufo as long5:47as the coins are inside of it. This is what we call basis ledavar ha'asur. The bowl becomes a basis,5:54a base, ledavar ha'asur to the forbidden item, which are the coins, which are muktzeh machmat gufo.6:00Now, there are cases that we find where even though the muktzeh has been removed on Shabbat,6:06whatever way it could be removed, even though the muktzeh is completely removed, let's say a child6:11comes and removes the coins, or a goy comes and steals the coins, or whatever way, you know, a wind6:17comes, blows the bowl upside down, and the coins fall off. There are cases when the bowl itself...6:25Even after the mukzeh has been removed, the bowl will retain the same status when the coins were6:32on it. And this is what's known in halacha as basis l'davar ha'asur. This remains there.6:40So therefore, I mean, the status remains with the bowl throughout the entire Shabbat.6:45This is not in all cases. This is in specific cases. So for our class, we'll refer to this as6:52basis. Now, even though basis really includes cases where it's only a basis when the mukzeh is on it,7:00but will not be basis after the mukzeh is removed, for our class, we will refer to the term basis7:09only when we're talking about something that will remain mukzeh even after the mukzeh has been removed.7:16Meaning to say, the bowl with the coins. When the coins are removed, the bowl will remain a basis.7:22So this is what we were going to discuss: when does it happen, when does it work. In any time7:28that the bowl, or in our mashal, or anything that is a kli she'machto l'heter, in any time that we say7:34that something is not basis, the halacha tells us that I can use the kli she'machto l'heter itself7:41to remove what's mukzeh that's on top of it. So let's come back to our case. I put, let's7:47say there's coins inside of the bowl. The kids come and they remove the coins from inside the7:52bowl. So in the case where the bowl is not basis, so I can move the bowl whatever way I like.8:00Even if the coins are inside the bowl, in a case where it would not be basis, I could use the bowl to shake off the money from inside of it and then be able to use it.8:11I can never touch the actual muktzeh, muktzeh, muktzeh, I can never touch the actual money. The money is always8:18muktzeh machmat gufo, but the bowl itself, I could use it to throw off the8:23muktzeh. Another example: in a case where a person put his wallet, he forgot his wallet on top of a tissue box before Shabbat.8:30Now on Shabbat he wants the tissues, and in order to get to the tissues he has to get the wallet off.8:35So in that case, either you shove off the wallet with your elbow, which usually you could, you know, that's called tiltul b'gufo, you're allowed to do,8:44or you could use the tissue box to shake off the wallet, and then the tissue box could be used like it normally could be used, which is8:55a kli שמלאכתו להיתר. Now, when do we say that something becomes basis?8:59When do we say that the non-muktzeh item, which is the kli שמלאכתו להיתר, the bowl in our case, when do we say it becomes basis?9:08We brought over here four conditions, and in each condition, now obviously there are opinions, so pay attention to these four conditions,9:16and we'll clarify, be'ezrat Hashem, these four conditions as follows.9:20Number one: intention. Condition number one, there has to be intent.9:25What does that mean? The muktzeh must be placed with intent to remain there for Shabbat.9:32In our mashal, in order for the bowl to be a basis, even when the coins are removed before Shabbat, I have to place the coins inside the bowl that they should remain there for Shabbat.9:46However, if my intention was not that it should remain there for Shabbat. I thought about removing it before Shabbat.9:51I put it right now, let's say I came on Erev Shabbat, it was four hours before Shabbat comes in. I took the coins, I put it in the10:00bowl. I was planning to get the money from the bowl to go use it to buy my kids some treats for Shabbat.10:05I forgot about it. Come Shabbat, I'm looking into the cabinet and I see the bowl with the money in it.10:11Such a case, if the coins find their way off the bowl, the bowl goes back to its original heter.10:17It does not become a basis because my intent was that it should not be there for Shabbat.10:22Now, there is a machloket, though, in halacha: how long must I intend that the item should be, that the muktzeh should be10:32there? There's a machloket we find in the Rishonim that when I need kavanah, when I need intent that the muktzeh should be there for Shabbat, what's called for Shabbat?10:41There's a book called Sefer Terumat HaDeshen, one of the Rishonim quoted by the Tosafot, who holds that in order for something to become basis,10:49you must have intent that the muktzeh should be on top of the kli shemelachto l'heter for the entire Shabbat.10:58For example, if I put the coins in the bowl, I must have in mind that I should put that the coins should remain in that bowl until Shabbat is over.11:08Now, they don't actually have to remain there, but my intent has to be there.11:12That means if the coins were knocked off of the bowl somehow, even the Sefer Terumat HaDeshen will agree that the bowl remains11:20muktzeh. It goes by your intention, my intention that it should be there for the entire Shabbat, that's when it makes it11:27muktzeh. However, if my intention was that the guy is coming in an hour before Shabbat is over, on Shabbat afternoon,11:33he's going to come and he's going to take that money. I'm preparing that money. I took an envelope, I put money inside of it, I owe him money.11:40He knows to come and take it from the cabinet. I put that money inside of the bowl, and the guy is going to go to the bowl, pick up the money, and leave.11:50According to Sefer Terumat HaDeshen, the bowl is not going to be a basis since my intention was that it shouldn't be there for the entire Shabbat.11:58That's the opinion of Sefer HaTerumah. However, Rashi disagrees. Rashi says, no,12:04only when it's coming into Shabbat, meaning to say what we know as bein hashmashot, between sunset and12:14tzet hakochavim. In the time of bein hashmashot, if my intention was that the muktzeh should remain on the kli shemelachto l'heter for the period of12:23bein hashmashot, that already makes the bowl into a basis. Which means, if I intend on removing the muktzeh, let's say the same scenario:12:35I took an envelope with money, I put it on the bowl, and I have a housekeeper. She's planning to leave at12:418 o'clock. Shabbat comes in at 6. That's two hours later. It's way after12:45tzet hakochavim. Now she knows to go to the cabinet, open up the cabinet to go for the envelope and take it.12:50She's doing that. My intention is that, you know, it's only going to be there from Friday12:56night till 8 o'clock. According to Rashi, it doesn't make a difference, since I wanted that the money should be on the bowl13:02during the time of bein hashmashot when Shabbat was coming in. Therefore, it becomes13:08muktzeh. Even the bowl becomes muktzeh even when the money has been removed.13:12This is the machloket rishonim. The Shulchan Aruch, in siman shin tet, halacha dalet, rules like Rashi.13:22It's machmir. That means if my intention that the muktzeh should be there just for the duration of the coming of Shabbat,13:31then Maran tells us the famous rule that migu d'itkatzai lei bein hashmashot, itkatzai lei l'kula yoma.13:39Once it becomes muktzeh just for that period of bein hashmashot, then it remains muktzeh for the entire Shabbat.13:47So in the case where I put the money in the bowl and the housekeeper is taking it. On Friday night,13:54since I wanted the money to be there for the period of bein hashmashot, even if removed,14:01the bowl has the same status as the money. Just like the money is muktzeh machmat gufo,14:05the bowl also for this Shabbat becomes muktzeh machmat gufo.14:10However, Maran does bring the opinion of sefat emet as a yesh omrim,14:15and the yesh omrim, the rule is usually we follow the other opinion. We don't follow the yesh omrim.14:21When Maran writes stam v'yesh, we usually go with the stam.14:24But the yesh omrim allows us that when it's very, very, very necessary, then we could rely on such an14:31opinion. The Bach and the Mishnah Berurah in Biur Halacha, both of them say that if it's14:38sha'at hadchak, when it's very, very necessary, and a person only had intention that the muktzeh should be there14:43for a certain amount of time only, not for the entire Shabbat, then you have what to rely on.14:48And of course, we tell you that usually you have to be14:53machmir. In a case where it's very, very necessary, if you cannot ask a rabbi before Shabbat or on Shabbat,15:00then try to be machmir. But if you cannot be machmir, you could rely on the opinion of sefat emet as well.15:08Question: What if a person placed muktzeh somewhere?15:13In our case, he put the money in the bowl without any intention. He wasn't thinking about it,15:19right? As most of us live nowadays, we don't think, we just act.15:22You know, we just, okay, I'll give you an example. A guy comes into his house, he's rushing,15:28let's not do erev Shabbat, whatever it is, he comes home, he puts money inside of the bowl.15:33He's not thinking that it should be there for Shabbat. He's not thinking that he should take it off before Shabbat either.15:36He just placed it there. So what would be the halacha when a person places15:43mukzeh into kli שמלאכתו להיתר and it remains there for Shabbat, but he doesn't have any kavana? What's the deal? What's the15:47halacha? So there are two possibilities: of one, the money or one, the mukzeh was placed.15:55Either it was placed—excuse me, let's do it this way. I'm gonna, sorry, fix it up like this. Two possibilities.16:01is where the muktzeh was placed. Either it was placed in its regular place, or this is16:06not its regular place. Lemashal, a lot of people have a drawer. Let's say you have a16:11desk, and you have like three drawers on the side of the desk. That's usually the16:14standard of all desks, excuse me. So in your drawer, you know16:17that the bottom one is where you always put the money. That's where16:22you put everything that's muktzeh over there, okay? And then you have another16:27drawer, the top drawer. The top drawer, no, you mix it up. You don't, you16:31don't—not davka makpid that muktzeh should be there. You put all types of things over there,16:34and, you know, but not usually its regular place, though. Money,16:39you're makpid that should be on the bottom. So in a case where a person placed money in its16:44regular place, every time Friday afternoon comes, when you're16:48preparing yourself for Shabbat, you pull out the bottom drawer, you put the money in that16:52bottom drawer. So even though now you placed the money without any kavanah,16:55without any kavanah, still, and there's nothing else inside the drawer except for17:00the money, the drawer becomes basis for the money. So therefore, even somebody17:06removed the money somehow on Shabbat, whether it was a child or a goy or by17:10accident the money was removed on Shabbat from the drawer, the17:14drawer remains basis because it is usually used for the muktzeh, for the money in our case,17:20and in this case you placed it there, even though it was with intention, it17:23becomes basis. The other option is that you place it in a place that's not17:28regular, the coins in the bowl. Why are you putting money in17:32the bowl? Ah, you weren't thinking, you had some extra change, you just put it in the bowl.17:36You weren't thinking about it. So in such a case, it depends on which17:40day you placed it. If you placed it any day before Shabbat, Then we used to say17:46before Erev Shabbat, before Friday, either on Thursday night or Thursday, Wednesday,17:50whatever it is, or for the same matter before Erev Yom Tov. So then we say17:55the halacha is as follows: it does not become basis according to all opinions if you had no18:02intention. We assume that you want to remove it there. It's not its regular place.18:05The bowl is not where you usually put money. So you came one day, you had some18:09extra change, you put it in the bowl. You weren't thinking that it should be there18:11for Shabbat. We assume you didn't want it to be there for Shabbat. So on Shabbat,18:15when you see the bowl and it has money in it, you're allowed to use the bowl to shake18:18off the money and then use the bowl. It does not become basis. There's machloket between18:23Tenumat HaDeshen and Beit Yosef. When you came on Friday,18:27Erev Shabbat or Erev Yom Tov, and you placed the money in the bowl without thinking,18:32if you were thinking that it should be there for Shabbat or for the coming into18:36Shabbat, of course it's going to remain muktzeh. The bowl will become a basis. And18:42if you had intention to remove it before Shabbat, everybody agrees also that's not18:46going to become a basis because you intended on removing it; you just forgot18:49about it. The question is when you were not thinking. Your wife was on the phone, your18:53parents were on the phone, your kids were on the phone, whatever, you were on the18:57phone, I don't know, somebody was keeping you busy. You weren't thinking. In that19:02case, we have a machloket. Tenumat HaDeshen says once it's Erev Shabbat, we19:06assume that you wanted it to be there for an entire Shabbat, or at least19:09when Shabbat comes in, and therefore the bowl becomes basis. However,19:14the Beit Yosef disagrees. The Beit Yosef holds that as long as you didn't have a positive19:21intent that you wanted the coins to remain there for the coming of Shabbat,19:26even though you weren't thinking, it does not make it a basis. In19:30order to become basis, you must actually have intent that it should be there for the19:35period of bein hashmashot. If you didn't have that intent, you weren't thinking,19:38it does not become. A basis, even when placed on Erev Shabbat, and that is19:45the halacha, because we usually follow the Beit Yosef. There are those who are machmir, like19:50the Matan Dishin, but in general, especially for Sefaradim, we usually follow the opinion of the Beit Yosef. So19:55that's condition number one: you need intent that it should be there for the19:59coming of Shabbat. Condition number two, in order for something to become a basis,20:03is that it must be placed before Shabbat comes in. You cannot place it on20:11Shabbat and become a basis. So this is known in halacha as20:18ein muktzeh lechatzi Shabbat. I'll give you an example. Let's say where the halacha permits it,20:23the halacha tells us that you're allowed to light a candle for a lady during childbirth.20:30Nobody's doing that today. We're not talking about yahrzeit candle or one20:33those rabbeim v'alnes candles. We're talking about a candle that, you know, in the time20:37when she's in labor and they need to see, so they lit a candle for her20:42in those days. So we hold that the wick and the oil become a basis to the flame,20:49which is muktzeh. That's a halacha. So now, if the candle was lit on Shabbat for the20:54sake of a lady to give birth, and then it shut off, the flame shut off because it wasn't20:59needed anymore, even though the wick and the oil became a basis on Shabbat,21:07but that's only so long as the muktzeh was on them. Once the muktzeh has been21:10removed, it's not a basis anymore. Another example, another example is as follows:21:15your kids will take money, or you by accident take money on Shabbat and you21:21place it in a bowl on Shabbat. Since it was placed when Shabbat already came21:26in, after Shabbat, during Shabbat, the bowl does not become a basis. If you want21:31to use the bowl and you want to shake off the money from the bowl, you could do21:35so. You don't have to—the excuse—the bowl does not remain muktzeh. That is the second21:45condition. It must be placed before Shabbat comes in. Now the halacha tells us21:50that it has to be there for the duration of bein hashmashot. So the question is, how21:55long of bein— which part of bein hashmashot? Bein hashmashot is an average of 18 minutes. So22:02which one is it? Is it the one— is it in the beginning of bein hashmashot, the end of22:05bein hashmashot? So we find here a machloket. Seems to me from the22:09Gemara and the pashut way of Rashi reads it is that in order for something to become a22:14basis, the muktzeh must actually be there physically for the entire22:20bein hashmashot, from beginning to the end. And that's also the opinion of the Mishnah Berurah.22:25However, the Gra Moshe, and as well the Chut Shani—the Chut Shani is even more.22:30Chut Shani wants to explain the Gemara, Rashi, and even the Mishnah Berurah to mean22:36that muktzeh—excuse me, the muktzeh machmat gufo, that is—that if the coins were22:42placed in the bowl and they were only there for the period of the beginning of22:47bein hashmashot, or any part of bein hashmashot, and then they fell off of them, that's it. That's22:52good enough to make the bowl into a basis. It doesn't have to22:59remain there for the entire bein hashmashot. Even for a little bit of time of23:03bein hashmashot could make the bowl into a basis. However, we find that23:10Chacham Ovadia, Shulchan Aruch Harav, seems like they seem to follow the first23:14opinion, like the way the Mishnah Berurah says it. That's what it sounds like:23:17kol bein hashmashot. For the entire period of bein hashmashot, the muktzeh must be23:20there for the entire period of bein hashmashot, which means, our case, you took the23:24money before Shabbat and you placed it on the bowl. If it remained there for the23:28entire bein hashmashot, it's muktzeh. However, if you took the money and before23:33Shabbat you placed it on top of the bowl, and then— It was removed. The kids removed23:40it during bein hashmashot. The non-Jew removed it during bein hashmashot. It fell, the23:44ball, whatever it may be. Here, you have a machloket. According to the Mishnah Berurah, it seems like23:49that it should be not muktzeh anymore. The ball is not muktzeh anymore because it23:54didn't last throughout the entire bein hashmashot. However, Rav Moshe Feinstein,23:57the Chazon Ish, are machmir, and they...24:03Say that the bowl is a basis. Start condition now to make something into a basis. And this is according to the Magen Avraham. There are those who argue, to Matadashin and Nataz, and we'll see other Acharonim that go with them as well. Second condition is that you must have intention that it should be in that location.24:26This is not like before where we had intention of the time. This is intention of the place.24:30You must have intention that the muktzeh should be there.24:33So when I'm taking the money and I'm putting it in the bowl, I must have intention that it should be in the bowl.24:39Let's say, for example, I wanted to place something in the cabinet, and the bowl is all over the cabinet.24:43I can't put the money down on the cabinet. There's no room for it.24:48So therefore, by default, I put it on the24:51bowl, but not because I wanted the bowl to hold up the money, just there's no room for it.24:55According to the Magen Avraham, in such a case, the bowl does not become a basis.24:59It's just there because there happens to be no room.25:02Give you another example. Let's say it accidentally fell there on Shabbat, or before Shabbat comes in.25:11For example, I put my money, or let's take my wallet.25:15I took my wallet, which is muktzeh machmat gufo, with the money inside of it, and I put it on my tissue box.25:19I wanted it to be on my tissue box when Shabbat.25:22Now, before Shabbat came in, I knocked into my desk by accident.25:26The wallet rolled over from the tissue box and it fell on my notebook.25:29When I came back from shul, I look at my notebook, and I'm horrified.25:33Oh, my chiddushei Torah were in there. Oh, my chiddushei Torah were inside in that notebook, and I wanted to use it, but there's muktzeh on it.25:39And clearly nobody came into the room beforehand.25:42Must be when I knocked the desk, the wallet must have fallen on top of my25:46notebook. Is my notebook now basis? The answer is no,25:49because I don't have intention that it should be there.25:52It just happens to have fallen there.25:55Another example is, you know, sometimes you come home, you're rushing to run to shul,25:59and you take out your money from your pocket and you just throw it anywhere.26:04It just—now, you obviously don't want it to be in your pocket on Shabbat,26:07but you don't have necessarily intention that the money should be there for Shabbat.26:12You just threw it anywhere.26:13You just wanted to throw it out of your pocket, and it happened to have landed either on your notebook,26:17or on a certain drawer, on a tissue box, or whatever it is.26:21In that case also, wherever that money landed, because it happened to have fallen anywhere,26:26it does not make the item, in our case the notebook, it does not make it into a basis.26:32That means I can use the notebook to shake off the wallet, and then the notebook will be mutar to move.26:39Okay?26:40Another example where the intention to be there is, for example,26:46you have candlesticks on top of a tablecloth on top of the table.26:52If you really want to place the candlesticks on the table, but there's tablecloth,26:56not because you want to place the candlesticks on the tablecloth, you could care less.27:01It's just that the table has to be covered by a tablecloth for its protection,27:05or the kids shouldn't make a mess over there, whatever it may be.27:07So in that case, the tablecloth does not become a basis, but the table will be.27:12The tablecloth is there because it's protecting the table.27:16It's not for the sake of the candles.27:19So in that case, it will not be a basis.27:21However, like we said beforehand, this is only the opinion of the27:25Magen Avraham. In all the cases that we mentioned before, the Terumat HaDeshen disagrees,27:30and the Taz follows the opinion of27:34Terumat HaDeshen, and, and Chacham Ovadia as well brings from a few sefarim that go with the Taz and27:42Terumat HaDeshen. So therefore, a person should try to be27:43machmir. However, Magen Avraham is also not by himself.27:47The Gra, the Shulchan Aruch Harav, the Beit Meir, Beit Meir,27:54Mor Uktzia, Mishneh Berurah, and it seems to be from the Ben Ish Chai, as I will read in a second,27:57they also follow the opinion of the28:01Magen Avraham. And let me read for you the last halacha in Parashat Vayigash,28:06Shanah Sheniyah, in Ben Ish Chai, and see what it sounds like.28:13If you have in a drawer or in a box things that are muktzeh, things that are not28:20muktzeh, and now the muktzeh items, let's say the money, is on top of something that's28:27mutar. Let's say in this box you also have your notebook.28:31If on Shabbat you need that notebook,28:37you'll shake off the money from the notebook.28:41Why? Isn't it a basis? It came into Shabbat that way.28:44No, says the Ben Ish Chai, you know why?28:47Ya'an kikach nizdamen lo, because it just happened to be that when you chucked your money,28:51when you threw your money in the box, it landed on the notebook.28:56However, if you placed it on the notebook for whatever need,29:00whether it's for the sake of the money,29:03or let's say you wanted to put the money as a paperweight on the29:07notebook to make sure to keep it closed,29:09or it'll be easier to access the money in and out of the box that way,29:15so there you had intention that it should be there,29:18then it will be asur.29:24Ve sarik adam lehizaher beyoter bedvarim ele, and the Ben Ish Chai concludes, the person has to be on the lookout for such a thing.29:26What was your intent when you placed it there?29:28You wanted it to be there in that place.29:31So that sounds29:33clearly like the Maggid Mishneh. If your intention is that to be there,29:36and you want it to be there for the entire29:39bein hashmashot, it becomes29:41muktzeh. But if it just happened to be there,29:43it just happened to have fallen there,29:44from the Bein Hashmashot, it sounds like the notebook will not be a basis.29:51Now we go to the fourth condition that we've listed over here.29:56The fourth condition is that in order for something to be muktzeh—I'm excusing—in order for something to be a30:04basis, it must be placed with the owner's consent.30:10And that is either that the owner himself has placed it there,30:15or that the person who is placing it there is placing it by command of the owner,30:24or for his benefit.30:25Those are the three ways.30:26Let me read you the last part of Halacha Yud in the30:29Bein Hashmashot, and understand what I'm talking about.30:34If a person—now, kar usually means pillow.30:37I'm going to switch the example for our, you know, just for our sake,30:41to make it, you know, stem with what we're talking about.30:43We're talking about money in a bowl.30:45Let's say you took money and you put it on your friend's bowl.30:48You have roommates in a room.30:50You have roommates where you have three roommates in a room,30:52and somebody takes his money and he puts it in the bowl that belongs to his friend.30:57It's not his; it's his friend's bowl.31:01Even if the money also belongs to your friend,31:05he's the same owner of the bowl, he's the same owner of the31:08muktzeh. You took his money, which was on top of his desk.31:10You didn't want it to get lost, so you put it in the bowl.31:14It does not make the bowl.31:17And if you need the31:19bowl—you, now, the owner of this31:21bowl—you come and you see money in the bowl.31:23You say, Who put this here?31:24Your roommate says, Yeah, I was scared it's going to get lost,31:27whatever it is. You don't want it to be there.31:29If you need the bowl, you could take off the money from there.31:32Or, like we said beforehand,31:34if you need the actual place of the bowl,31:36you can actually pick it up with the money inside of it31:38and put it somewhere else.31:42In a case where it was for the benefit of the owner,31:45that means there was a real chance that the money might get stolen31:49or might get lost when it was on your desk.31:51So now your roommate, as a favor,31:53picked up the money, put it in your bowl where you usually put it.31:56So then, even though he never commanded him, but—32:00That is considered with the owner's consent, because it's to his benefit.32:03He would have done the same thing.32:05So then, even though the owner of the bowl is not making the bowl a basis, it's his friend,32:14the bowl will still be a basis since it was for his benefit.32:20Here's other cases where it comes up that other people may place muktzeh on someone else's32:34kli shemelachto leheter, and we'll tell you if they can make it a basis or not.32:39Let's take an example.32:40We're going to take Yaakov and32:42Rachel. Yaakov is the husband, Rachel is the wife,32:45and they have two boys.32:47Let's make it one32:48boy. They have a child.32:49His name is Yosef.32:51Okay, Yaakov and Rachel, husband and wife, and they have a child, Yosef.32:54They have a guest.32:55Who is the guest?32:56The guest, his name is32:58Shimshon. Good?32:59Shimshon is a guest.33:01Fine.33:02So let's say Shimshon takes his money and he places it on something that belongs to33:10this family, to either Yaakov or Rachel or Yosef.33:15The guest cannot make your items33:17muktzeh. However, if the guest was given a special guest room and he was told that he is free33:21to use whatever he wants in the guest room, it's his to be used on Shabbat.33:25Of course, he can't take it home.33:27You're just letting him use it for Shabbat.33:28So then, in his room he finds a bowl, and he takes his money and he places it in the33:34bowl. That should be there when Shabbat comes in, and it should be davka in that bowl.33:40Then, even though Shimshon is only a guest, but since the bowl was given to him to use,33:45the bowl becomes a basis.33:48That's one example.33:50Another case:33:51the wife,33:54Rachel. Rachel, let's say she takes money and she puts it in the bowl. Technically, her husband34:00usually uses34:01it; he likes to eat from this bowl.34:02Now, the bowl happens to be in the room, as, you know, we all know when there's little kids, this always34:07happens.34:08So she takes her money and she puts it in the bowl, or she takes the money that she34:14wants to pay the housekeeper with and she puts it in the bowl, that the housekeeper should34:17pick it up from that bowl,34:18even though it's her husband's bowl. But since she has permission to use the bowl—it's not34:26mine, yours, unless they have some serious shalom bayit issues,34:29whatever—but since they usually use the bowl together, she's considered like her husband, and therefore,34:33as Chazon Ovadia brings down, she can make that bowl into a basis as well.34:39I saw some bring down, the Piskei... brings in the name of Hachach Bahat, that a woman cannot34:45make her husband's items into a basis; it's not hers.34:50Must be this is a case where it's only her husband's, and he's very makpid that she cannot34:56use it.34:57However, even Minchat Shabbat will agree in a case where they both have the right to use35:02it.35:02For example, nobody's makpid in the house that this is my plate, your plate. Usually you're35:07fine; you'll use this plate, I'll use the plate sometimes.35:10Okay, maybe out of kavod, the wife will give her husband that plate or the bowl.35:14So in such a case where the wife does place—she places an envelope on a bowl or a plate—then everybody35:22will agree she can make that plate or bowl, whatever that case may be, she can make them35:27into a basis.35:28Now, kids, Yosef. Yosef over here is still a little yosala; he's still small, or Joey,35:34as some people like to call him.35:36Okay, so now Joey, the little kid, under bar mitzvah. Even though he has intention that he took money,35:43and he put the money inside of the bowl, and he wanted that the money should35:48be there inside the bowl for the entire Shabbat, still, since the bowl doesn't really belong35:53to him, it belongs to his parents, even though he has permission to use it. But over here,35:58kids cannot make something into a basis, since the condition to make something into a basis36:03is, in Hebrew, known as daat, and Chazal told us that children don't have this thing called36:08daat. Daat doesn't mean brains.36:10There's some children are much smarter than all of us put together.36:13This is not what we mean,36:15daat. Daat is intent and kavanah that plays an important role in36:20halacha. Kids lack that, according to Chazal, so therefore they cannot make something into a basis.36:25However, however, very important, two things.36:29Number one is that if the kids place something with the command of the parents, then the36:37kids can make a basis.36:39So, for example, the wife prepares an envelope for the housekeeper.36:43She puts in the money, a hundred dollars. She seals the envelope. She tells her son, Hey,36:48Yosel, come here. Do me a favor. Take this envelope and place it in the bowl in the cabinet.36:53You know, the pink bowl? Place it in there.36:56The housekeeper will remove it tonight, two hours after we eat on Friday night, on Shabbat.37:01That's her money.37:03Now Yosel takes the money and he puts it in the bowl in the cabinet. The bowl becomes37:07a basis.37:08Why?37:09Like we said, because he was doing it for the sake of his mother.37:14He was doing it for the adult. It's not on his own.37:18So children can make a basis when they're doing it for their parents, with the command37:23of their parents.37:24However, However, another point, something that completely belongs to the kids, completely37:32belongs to the kids.37:33Kids have a scooter, right?37:35Kids have their own toys and their own things.37:37So if there's a child who is making—excuse me—if there is a parent who is placing money37:48on his children's toy, let's say, for example, you take the envelope for the housekeeper37:53and you place it on your child's board game, on your child's notebook, and the housekeeper38:01is going to pick it up from there, and then the yosel comes back and he says, Hey, mommy,38:05Mama Rachel, why did you place the money on my notebook?38:08I wanted it.38:09So the parent cannot make the child's notebook into a basis because it belongs to the child.38:13This is something that completely belongs to the child, not that is shared by the38:17parents and the children.38:19Another halacha, based on the Rama, if goyim, not Tony, comes in, if Tony comes in and he38:26places money before Shabbat with the intention that it should be there on his—on Tony's38:31own bowl, and now on Shabbat he needs to use Tony's bowl. Now Tony doesn't know anything38:38about muktzeh, but you know that he put that money in that bowl to be there38:44for the entire Shabbat because Motzaei Shabbat he's using that money to go to the casino, and38:49now you come and you say, Tony, I need a bowl. I need it for, I don't know, not for food,38:53obviously, you know, but I need it for something else. I need to show my guests. They don't believe38:58that you have the pink bowl.38:59So now you want to borrow that bowl from Tony. He removes the money from it. The bowl is39:05not a basis.39:06Goyim cannot make a basis, even their own items they cannot make into basis. However,39:12the goyim are doing for the sake of the Jew, so then because the Jew told them to39:17place it there, then they can make it a basis. But a goy's item cannot become a basis.39:23Now listen to the following chidush. Rav Moshe Feinstein brings it in Igrot Moshe,39:27Chelek Daled. Ein bet. Very major chiddush. I was very, very mitpaleh from this. But Rav Moshe writes39:34it, and it's מסתבר. And he says if a person, that a person—the halacha, as far as I'll give you the39:40example in a second—a person cannot make Sifrei Kodesh into a basis.39:45What does that mean?39:46Let's say you have a chumash, and now you didn't know the halacha. You thought it was39:52mutar. You took the envelope, you put the money inside of it, you told the housekeeper...40:00Listen, right now it's Friday for me. Here's the money I'm placing on top of this book, okay?40:05It's going to be there tonight. You pick up the money from there.40:08And you want it to be there for the entire Shabbat.40:11Now, when the housekeeper picks up the money, then you remember,40:14oh, mukzeh, ay, can I move the sefer now?40:18I want to look up something,40:20Nachumash. You know, forget the issue that you can't put something on sefer kodesh.40:23Forget that for a40:24second. You thought that since this is sefer Devarim, we're not in the parsha yet,40:29so I'm not going to look up anything in40:31Devarim. You put on top of the40:32Chumash. Mutar is the sefer become basis or not?40:36Rav Moshe Feinstein says no.40:38Why?40:39You're right, it was wrong for him to put it there,40:41but he had intention that it should be there for the entire Shabbat.40:44Rav Moshe Feinstein says40:46sefer kodesh have a holiness to it that you cannot remove.40:50That you placed the money on top of the40:55Chumash, you're removing it from its kedushah.40:57You have no permission to do that.40:59They're not within your ownership to remove the kedushah from them.41:03So you were wrong the entire time for putting the money there.41:06That's not considered yours to allow you to put the money on it,41:11and therefore it will not become a basis either,41:14because you have no permission to remove it from its holiness.41:17This applies whether you place it on a41:21Chumash, whether you place it on a sefer Torah.41:23You can never make any sefer kodesh into a basis.41:27That's what Rav Moshe Feinstein brings down.41:29I haven't seen anybody that argues on this.41:32I did see even more,41:34that there are opinions that41:35hold—Chacham Ovadia brings a few opinions like41:38this—that even food does not become a basis.41:42Why not?41:43Because food is something that you eat.41:45It's not a keli that you use to hold something, to put something on it.41:49So therefore, if you put money on top of a— Pineapple.41:55Okay? It does not make the pineapple to basis, according to a lot of opinions.41:59Why? Because a pineapple is made to eat;42:01it is not made for it to hold money.42:03That's not its place.42:04It's accidental that it was there.42:05That's like a case of one who forgot his money on top of something42:10that will not become a basis.42:13Okay.42:16Now, let's review all the things that make something into a basis very quickly.42:21We mentioned four conditions,42:23and of course the full detail, you have to go back to the class.42:25Condition number one is that the time.42:28You need intention that should be there for the duration of42:32bein hashmashot, because then it will become—we hold the rule of42:38migud d'itkatzai, migud d'itkatzai l'bein hashmashot, itkatzai l'kulei yoma. Once it becomes muktzeh for the duration42:40of bein hashmashot, it becomes muktzeh for the entire Shabbat.42:43The muktzeh must be placed on the42:49kli shemachto l'heter before Shabbat comes in, not on Shabbat.42:52Anything that has been—any muktzeh that's been placed on the42:55kli shemachto l'heter on Shabbat does not make the kli shemachto l'heter into a basis.43:00You could use the kli shemachto l'heter to throw off the43:04muktzeh. Number three,43:06you must have intention that the muktzeh should be in that specific location,43:11although there's a machloket on this,43:12but one could be lenient like the43:14Magen Avraham, that you need intention should be in the specific location.43:18And finally, it must be done by the owner,43:22or for his sake, or for his benefit.43:26Those are the conditions that we listed here for them43:29that make something into a basis.43:31Now, a question is asked in the43:35poskim: this rule of basis, does it only apply to muktzeh machmat gufo,43:40or is it also by all other types of43:42muktzeh? For example. Muktzeh machmat gufo,43:45muktzeh machmat chisaron kis, we know they have the same43:47halacha. So the same halacha will apply.43:49So if you have a shechitah knife and you put it in the bowl on43:53Shabbat—oh, excuse me, before43:54Shabbat—so the bowl also becomes a basis,43:57like the same where we gave the example of placing money inside the bowl.44:00That's not the question.44:02The question is, what about44:04kli she'melachto l'isur? If you have a44:06kli she'melachto l'isur, which usually can be moved l'tzorech gufo44:08u'mkomo, what if you place that on top of44:12kli she'melachto l'heter? For example, you have a notebook,44:14and you took a pen before Shabbat44:17and you place it on the notebook thinking that44:19you want it to be there for the entire Shabbat.44:22You're not planning to use the notebook.44:23And now on Shabbat, you think about it and you say,44:25You know, I would like to use the notebook.44:27Does the notebook turn into44:29a kli she'melachto l'isur, like the pen that's on top of it,44:32and therefore becomes a basis?44:35Or do we say, No, the notebook is a44:39kli she'melachto l'heter, and therefore even though the pen is on it,44:42shake off the pen and the notebook is mutar?44:45This question is presented by the Pri Megadim,44:49and obviously we're talking about that you placed the pen with the intent44:52and all the four conditions that we mentioned before44:55that should qualify it as a basis,44:59and he remains with the question.45:02But we find that some of the Acharonim are split in the45:06halacha. The Aruch HaShulchan, it's mentioned in45:09Yoreh Deah, halacha tet, says that the rules of basis apply even to45:13kli she'melachto l'heter. So in our case, even when the pen has been removed,45:17the notebook becomes like a45:21kli she'melachto l'isur. It's no longer a kli she'melachto l'heter for this Shabbat;45:24it becomes a45:25kli she'melachto l'isur. However, the Minchat Yitzchak, Minchat Shabbat, and others say that no,45:30this rule of basis only applies in the case of muktzeh machmat gufo45:34or muktzeh machmat chisaron kis.45:40And now we are up to the last45:45halacha. Oh no, we have two halachot in the Ben Ish45:50Chai, and I only have seven minutes.45:52Okay, I think we could squeeze in at least halacha yud aleph.45:57And next week, I guess we'll get to the last and final46:01halacha in the halachot. I thought we're going to make a siyum today on Trushan Purim.46:05Okay, I guess just like it's Purim Katan, it's not really Purim,46:10we're almost there. You know, the real Purim is later.46:12So too, I thought we're going to really be mesayem today.46:15We're not really going to be mesayem; we're going to be mesayem next week.46:18Okay, halacha yud aleph.46:19Halacha yud aleph,46:22let me read it inside from the Ben Ish46:25Chai. Halacha says as follows:46:30Teivah sheyesh bah ma'ot asur letaltelah. If you have a box and it has money inside of it,46:35so the box is usually46:38kli shemelachto l'heter, and now that the money is inside of it, what happens now?46:41It becomes46:42asur. Obviously, we're talking about with all conditions.46:43You put the money with the intention that it should be there,46:45and it should be there for the entire Shabbat,46:46or at least when Shabbat comes in, and all the conditions we said46:49before. Good, fine.46:50That is simple. We learned about that,46:52even when the money has been removed.46:56V'yesh mi she'omer—now here's the46:58chiddush—there are opinions that say the following:47:02Im hateivah meyuchedet l'maot, if this box that you have is made to hold money,47:06then, afilu47:10silek hamaot mimena mibe'od yom, even if the money was removed before Shabbat,47:13that means it came into Shabbat, this box that's made for money47:16came into Shabbat without any money inside of it,47:22asur letaltelah b'Shabbat, then it would be forbidden to move that box on Shabbat.47:29V'voddin b'kisam yochad lema'ot, the same halacha would be by a person who has a wallet.47:32Obviously, he had bags, but let's say he has a wallet.47:35The wallet is made to hold money.47:37So even if there's no money when Shabbat came in,47:40since the wallet is made and has been used as well for holding money,47:49then the wallet becomes a basis.47:52However, l'tzorech gufo u'mekomo mutar,47:54but they are permitted to be used to move if you need.48:00The place of the wallet, or the place of the box,48:03or if you need to use the actual box for something else, for something that's48:06mutar, which we know is called48:13tzorech gufo u'mekomo. Also, another way that would be mutar to move the wallet48:15or the box is if you did some sort of action48:19that has changed the form of this item, that clearly now it's visible and48:25everybody knows that it's not made for holding money or holding48:31muktzeh, machmat gufo. This is halacha in Mishnah. It's not so clear if I just translate it.48:35If you picked up, you probably picked up no more than 60 percent if you have no prior48:38knowledge of this halacha. So let's give you a little bit of a48:40background. The Gemara says,48:46Amar Rabbi Yehuda amar Rav, mutar sheyachada lema'ot asurah b'tiltul. If a person has a mitah, let's call it a chair, let's call it48:50an area. Really, mitah means a bed. So let's say you have48:54a chair that you designated it to place money in it.48:59The Gemara says that according to Rav, the bed becomes muktzeh even when there's no49:06money on it. Now, everybody agrees over here,49:08we're not talking that you just designated the chair to put money on it,49:11because that's called yichud. Yichud alone doesn't do anything.49:14It's talking about yichud and ma'aseh. That means you designated this chair to49:19hold money, and you actually placed money there. You used it to hold money,49:23but you know you're only going to use it for holding money.49:26The Gemara concludes that this opinion of Rav follows the opinion of Rabbi49:31Yehuda the Tanna, and we know in Hilchot Shabbat that we explained49:34in the past, when machloket Rabbi Yehuda and Rabbi Shimon,49:40we hold like Rabbi Shimon in general. So in this case,49:43being that Rabbi Shimon argues. So, sounds like we don't hold like this49:47halacha. If you designate something for49:49holding—excuse me—if you designate something for a basis,49:53if it comes into Shabbat not being a basis, there's no muktzeh that was on it,49:57then it should not be a problem. It should remain as what it's supposed to be,50:01which is a kli shemelachto l'heter. And that's really the opinion of the Rambam.50:05It's also the opinion of the Rif, who—they both rule that,50:08or they don't bring this halacha because they don't hold of this halacha.50:12However, Rabbeinu Tam explains that even רבי שמעון will agree over here50:16that this bed, since it was designated, it should become also50:23muktzeh. However, he says that it would be permitted to move it50:26לצורך גופו ומקומו. Now, how to explain this is a big50:29machloket, how to understand this50:31of Rabbeinu Tam. But what comes out is like this:50:37the Maran, Shulchan Aruch, rules like the Rif and the Rambam,50:41and the Rama rules like Rabbeinu Tam. According to Maran,50:44if something is a kli שמלאכתו להיתר, even though it was designated to hold50:51something that's muktzeh and has been used for50:54muktzeh, as long as it came to Shabbat without the muktzeh inside of it,50:59it remains a kli שמלאכתו להיתר. According to the Rama, no.51:03Since it was made to hold something that's51:07muktzeh, although it came into Shabbat without the muktzeh in it,51:09it becomes similar to what we call51:12a kli שמלאכתו לאיסור because it becomes51:16אסור לצורך גופו ומקומו. And the Ben Ish Chai, by the way, seems to rule like the51:18Rama. He's machmir like the Rama. And in a way, it's51:22מסתבר, it makes sense sometimes. There are certain cases51:27where they're designated for something that's to hold something that's51:30אסור, they should remain אסור. I'll give you an example.51:32A wallet. What would you say the din of a wallet is?51:36Or a purse. A woman has a purse, and she uses it to hold things that are asur,51:41like money, credit cards. She puts things51:45mainly that things are asur, car keys or whatever it is.51:48So now, when Shabbat came in, the woman's purse has been emptied out before Shabbat.51:53What's the status of the purse?51:57However, according to the Maran, being that the main purpose of the purse52:01is to hold something that's muktzeh, so it's like a52:07kli שמלאכתו לאיסור. Let's take a tzedakah box, a kupah. It's made to hold money.52:12But now on Shabbat, it came without any money.52:14We're talking about that you use it and you emptied it out.52:16You know, they knocked on your door before Shabbat, they collected all the money.52:19Now it came to Shabbat empty. There's not one coin inside of it.52:22What's the status of the tzedakah box? It'll be the same52:26machloket. According to the Ben Ish Chai, though, and the Ashkenazim should definitely rule this way,52:31the tzedakah box will be a52:34kli שמלאכתו לאיסור. And the same would be by a garbage can.52:38For those opinions that hold that garbage, most of the things in the garbage can are usually52:47muktzeh, then an empty garbage can has the same status.52:50If the garbage is made to hold things that are52:53muktzeh מחמת גופו, so then you should hold that the garbage can, even though it's empty, should be52:57muktzeh, but will be53:01מותר לצורך גופו ומקומו. However, according to Maran, if the garbage can is empty,53:07and especially according to the opinions that hold the contents in the garbage can are not usually53:13muktzeh, then certainly the garbage can will be a53:17kli שמלאכתו להיתר. I really wanted to finish the parashah this week, but I don't have time.53:21We're up to Halacha Yud Bet, and we're out of time already.53:24So let's conclude, be'ezrat Hashem, that we want to wish again a mazal tov to the Lazari and Cohen family.53:32This class will be aired on again tonight at 10 o'clock on53:37jewradio.com. Next week we will conclude all the halachot53:40of muktzeh. Be'ezrat Hashem will be the last halacha class on muktzeh so far,53:44at least for this series, before we go into the other halachot of Shabbat.53:48And if anybody has any questions, you can text in at53:53347-927-8398, or you could call the station right now.53:55We'll take your questions off the air,53:59718-683-5858. A big thank you to Jew Radio and all the staff there, Iran, David Levine, and everybody else54:05for hosting us and allowing us to be mezakeh rabim by teaching Torah.54:11Shkoyach. We'll see you next week, be'ezrat Hashem, on Wednesday, be'ezrat Hashem, live at 254:16o'clock. Till then, have a wonderful week and a Shabbat shalom.