1)

MOVING MITZVAH ITEMS THAT WE DO NOT USE ON SHABBOS [Shabbos: Muktzeh: Mitzvah items]

(a)

Gemara

1.

35b (Beraisa #1): One may move a shofar on Shabbos, but not a trumpet.

2.

(Abaye): One may move a shofar because it can be used to give water to a child to drink.

3.

Contradiction (Beraisa #2): Just like one may move a shofar, one may move a trumpet.

4.

Answer #2 (Abaye): Beraisa #1 is like R. Yehudah [who forbids Muktzeh]. Beraisa #2 is like R. Shimon.

5.

60a (Mishnah): One may not go out on Shabbos with Tefilin.

6.

60b (Mishnah): One may send Kelim to a friend on Yom Tov, whether or not they are sewn, but not a nailed sandal or a sandal that was not sewn.

7.

123b (Beraisa): At first, they said that only three Kelim may be moved: a knife to cut a ring of figs, a big spoon to remove froth from pots and a small table knife. They permitted more, and permitted more...

8.

124b (Rav): One may move a cloth brush on Shabbos, but not a broom made from a date branch;

9.

(R. Elazar): Even a date broom is permitted.

10.

Rav would not forbid l'Tzorech Gufo u'Mkomo. He holds like Rava!

11.

Suggestion: They argue about from moving the sun to the shade.

12.

Objection: R. Elazar would not permit this for a date branch!

13.

Answer: Really, they discuss from sun to shade, and R. Elazar said like Rav.

14.

141b (Beraisa #1): One may take a shoe off the mold [around which it is shaped];

15.

Contradiction (Beraisa #2): One may not take it off.

16.

Resolution: Beraisa #1 is Chachamim [who hold that it is a finished Kli]. Beraisa #2 is R. Eliezer [who disagrees].

17.

Question: Abaye permits moving Kli she'Melachto l'Isur (the mold) only to use it, but not for its place!

18.

Answer: The case is, it is loose. (One can remove the shoe without moving the mold)

19.

(Beraisa - R. Yehudah): If it is loose, it is permitted.

i.

Inference: If it is not loose, it is forbidden.

20.

Question: Rava permits moving Kli she'Melachto l'Isur even for its place. It should be permitted in either case!

21.

Answer: R. Yehudah explains R. Eliezer's opinion (that a shoe on the mold is not a finished Kli);

i.

(Beraisa - R. Yehudah citing R. Eliezer): If it is loose, it is permitted.

22.

Sanhedrin 68a (Beraisa): R. Eliezer fell sick on Erev Shabbos; Hurkanos came to take off the Tefilin of his father R. Eliezer, who angrily sent him away.

i.

Hurkanos (to Chachamim): I think that my father lost his sanity!

ii.

R. Eliezer: No, my son lost his sanity. He is more worried about a mid'Rabanan law (wearing Tefilin on Shabbos) than things for which one is stoned! (He should first finish cooking the food.)

(b)

Rishonim

1.

Ran (DH v'Ika): Some forbid moving Kli she'Melachto l'Heter for no purpose at all. They learn from Shabbos 123b. The conclusion is that they permitted Kli she'Melachto l'Heter for its use and place, then permitted to move it out of the sun to the shade. It does not say that they permitted it for no purpose at all.

i.

Tosfos (60a DH Lo): The Seifa says that on Yom Tov, one may send anything that one may benefit from The Gemara explains that this means that one may benefit from it during the week. If so, why it is forbidden to send a wooden shoe on Yom Tov? Chachamim were stringent because a pitfall came through it. This is like R. Elazar b'Rebbi Shimon, who forbids moving it to cover a Kli, even though any other Kli she'Melachto l'Isur may be moved l'Tzorech Gufo u'Mkomo. The general rule applies only to a shoe that is not sewn. The Ri says that even Rabanan who argue with R. Elazar, who permit moving it l'Tzorech Gufo u'Mkomo, forbid sending it on Yom Tov. Sending portions on Yom Tov is like l'Tzorech Gufo, since we permit sending a Kli she'Melachto l'Isur. However, since a pitfall came through a wooden shoe, there is no Simchah to send it.

ii.

Tosfos (36a DH Ha): Even though a Shofar is Melachto l'Isur, R. Yehudah permits moving it l'Tzorech Gufo u'Mkomo. It was clear on 124b that a date branch is permitted l'Tzorech Gufo u'Mkomo. If R. Yehudah forbids, why was this clear? Rav holds like R. Yehudah, who forbids Muktzeh! Shabbos 141b clearly connotes that R. Yehudah permits Kli she'Melachto l'Isur l'Tzorech Gufo u'Mkomo. R. Yehudah permits moving a metal lamp, unless it was burning on Shabbos (44a). He forbids trumpets, for they are barely proper for any permitted Melachah. One casts them off from permitted Melachah, like a bed designated for coins on which one put coins. We say that R. Yehudah forbids this, and also to move a chicken nest even l'Tzorech Gufo u'Mkomo (45b).

iii.

Tosfos (46b DH v'Amar): Ula holds like the Tana who forbids ornaments in a Chatzer. He explains that they are Kelim. One may take them in a Chatzer like any Kli she'Melachto l'Isur, which may be taken l'Tzorech Gufo u'Mkomo.

(c)

Poskim

1.

Shulchan Aruch (OC 308:4): One may use a Kli she'Melachto l'Heter even just to prevent it from being broken or stolen. One may not move it for no need at all. One may move Kisvei ha'Kodesh or food for no need at all.

i.

Beis Yosef (DH u'Mah she'Chasav u'Kli): It seems that the Ran forbids moving Kelim without any need at all. In any case, one may move Kisei ha'Kodesh and food without any need at all.

ii.

Magen Avraham (10): Kisvei ha'Kodesh refers to Seforim that one may read. This is unlike Olas Shabbos.

iii.

Gra (DH v'Kisvei): There was no decree about Kisvei ha'Kodesh. See Tosfos DH Miktzo'a.

iv.

Sha'arei Teshuvah (9): Eliyahu Rabah says that Megilas [Esther] is like Kisvei ha'Kodesh. Be'er Heitev (688) brings from the Pri Chodosh that one may not move it.

v.

Mishnah Berurah (22): The Pri Megadim sides with the Eliyahu Rabah, who permits.

2.

Rema: One should move Tefilin only for a need. One may move a Shofar only l'Tzorech Gufo u'Mkomo.

i.

Magen Avraham (12): Olas Shabbos brings from Or Zaru'a that one may not move a trumpet at all, for it is not a Kli. I say that this is according to R. Yehudah, but we hold like R. Shimon, who permits. You cannot say that it is Muktzeh due to Chisaron Kis, for even R. Shimon forbids this! [Machatzis ha'Shekel - Beraisa #2, which permits, must be like R. Shimon.]

ii.

Mishnah Berurah (25): A Shofar is designated for blowing, and this is forbidden on Shabbos. Therefore it is called Kli she'Melachto l'Isur. One may not move a Lulav even l'Tzorech Gufo u'Mkomo, for it is not called a Kli at all.

iii.

Beis Yosef (DH v'Da): The Sefer "Mikdash" forbids moving Tefilin on Shabbos. He brings a proof from Gitin 60a, which permits moving a Sefer of the Haftoros only because one may read from it on Shabbos. However, on Yom Tov we permit to send Tefilin (Beitzah 15a). We can say that this is only because he gets pleasure sending them. If so, it is forbidden on Shabbos, for one may not send things on Shabbos. He concludes that it is permitted l'Tzorech Gufo u'Mkomo, for it is no worse than a Kli she'Melachto l'Isur. Maharal Ben Chaviv says in his name 'some say that they are Muktzah Machmas Mitzvah.' This is a total mistake. The Sefer says that Mitzvah is a reason to permit! The Rosh (Teshuvah 22:8) elaborated about the kinds of Muktzeh, and did not mention Tefilin at all. If they were Muktzeh, he would have mentioned this! Tosfos (Beitzah 15a DH Zug) says that one need not wear Tefilin on Shabbos, but if he wants to wear them, there is no Isur. Menachos 36b teaches that one does not need the Os (sign) of Tefilin on Shabbos, but it is not forbidden. Also Rashi (15a DH Zug) and the Ran (8a DH Rav) say so. The proof from Gitin 60a assumes that one may not wear Tefilin on Shabbos; this is wrong. Terumas ha'Deshen (70) totally permits moving Tefilin on Shabbos for any need.

iv.

Magen Avraham (11): The Rema [permits moving Tefilin for a need. This] connotes that one may move Tefilin even not l'Tzorech Gufo at all. It is not like Kisvei ha'Kodesh, which one may move without any need at all. Tefilin is not like Kli she'Melachto l'Isur. The Beis Yosef brings from Tosfos that one may wear Tefilin on Shabbos. This is astounding. In Siman 31, he brought from the Zohar that one who wears Tefilin on Chol ha'Mo'ed is Chayav Misah, and all the more so on Shabbos! Also Tosfos (60a DH Lo), connotes that it is forbidden, but he permits sending a Kli she'Melachto l'Isur. The Bach inferred that the Mishnah forbids going out with Tefilin, but one may wear them in his house. Tosfos (Menachos 36b DH Iy) and the Mordechai (Menachos, Hilchos Tefilin 12:4) say that the one who holds that Shabbos is not Zman Tefilin, he forbids even in his house! I answer that since it is not Zman Tefilin, he need not touch them [constantly], so we are concerned lest he go to Reshus ha'Rabim while wearing them. See Sanhedrin 68a. In any case it is Kli she'Melachto l'Isur, so one may move it only l'Tzorech Gufo u'Mkomo. Tosfos 46b DH v'Amar connotes like this. However, Shiltei ha'Giborim (25b:2) permits moving them.

v.

Mishnah Berurah (24): We rule that one may not wear Tefilin on Shabbos. The Taz and Magen Avraham permit only l'Tzorech Gufan (i.e. to prevent damage to them) u'Mkomam. In pressed circumstances one may rely on the first opinion.

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