26b----------------------------------------26b

1)

MUKTZAH L'CHETZI SHABBOS

(a)

Gemara

1.

Question (Hillel): Can Muktzah apply to something for only part of Shabbos?

i.

Question: What is the question? If it was usable Bein ha'Shemashos, it is permitted for all of Shabbos. If it was unusable Bein ha'Shemashos, it is Muktzah for all of Shabbos!

ii.

Answer: It was usable Bein ha'Shemashos, then later became unusable.

2.

Version #1 - Answer #1 (Rava): Yesh Muktzah l'Chetzi Shabbos.

3.

Question (Beraisa): R. Yehudah and R. Shimon agree that if a Bechor was born with a Mum, it is Muchan.

i.

At first (before it was born) it was permitted via its mother (Shechitah of the mother would permit the fetus). After it was born, it was forbidden. After a Chacham ruled that it has a Mum, it was permitted again!

4.

Answer (Abaye or Rav Safra): The case is, judges were present at the birth. (They permitted it immediately; it was never forbidden.)

5.

Version #2 - Answer #1 (Rava): Ein Muktzah l'Chetzi Shabbos.

6.

Support (Beraisa): They agree that if a Bechor was born with a Mum, it is Muchan.

i.

At first it was permitted via its mother. After it was born, it was forbidden. After a Chacham saw the Mum, it was permitted again!

7.

Rejection (Abaye or Rav Safra): The case is, judges were present at the birth. (end of Version #2)

8.

Answer #2 (Beraisa): If one was eating figs or grapes and brought the leftovers to the roof to make dry figs or raisins, he may not eat them (on Shabbos) unless he was Mezamen (declared intent to eat) them. The same applies to peaches, quince and all species.

i.

Question: What is the case?

ii.

If they are fit to eat, why is Hazmanah needed? If they are fit to eat, why does Hazmanah help?

iii.

Suggestion: He is unsure whether or not they are fit to eat.

iv.

Rejection: Rav Kahana taught that if someone did not know that his Muktzah (figs or grapes put on the roof to dry) dried out, they are permitted (without Hazmanah)!

v.

Answer #1: We must say that the fruits were fitting, then became unfitting, then became fitting again.

vi.

Summation of answer (8): If Ein Muktzah l'Chetzi Shabbos, there would be no need for Hazmanah! Rather, we must say that Yesh Muktzah l'Chetzi Shabbos.

9.

Rejection (and Answer #2 to Question (i)): If Yesh Muktzah l'Chetzi Shabbos, Hazmanah would not help! Rather, we must say that the fruits were partially fitting. I.e. some people would eat them, but not everyone. If he did Hazmanah he showed that they are fitting for him. If not, he did not.

10.

Answer #3 (R. Zeira): We can learn from beans and lentils. At first, they can be eaten raw. After one starts to cook them, they are inedible (they are boiling). After they finish cooking, they are edible again.

11.

Question (Abaye): According to you, why may we eat from any pot that was boiling Bein ha'Shemashos? It was inedible then, yet we eat it later!

12.

Abaye: Rather, there was no question about Gomro b'Yedei Adam (something that people can make usable, e.g. take it off the fire). The question is about Gomro b'Yedei Shamayim.

(b)

Rishonim

1.

Rosh (3:7): The Gemara concludes that surely, Muktzah does not apply to Gomro b'Yedei Adam, such as (boiling) pots Bein ha'Shemashos.

i.

Hagahos Ashri: A case occurred, a Nochri made shoes on Yom Tov to sell. A Yisrael with whom he was familiar took them. R. Yom Tov forbade them due to Muktzah. R. Eliyahu permitted them, because it is Gomro b'Yedei Adam.

2.

Rosh (ibid.): The question is about Gomro b'Yedei Shamayim, e.g. figs or raisins that were dry at the start of Shabbos, became wet through rain, and dried out again in the sun. The question is only about food. Regarding moving, clearly Ein Muktzah l'Chetzi Shabbos. It is permitted to put a basket in front of chicks so they will go up and down (Shabbos 128b), and one may move the basket when no chicks are on it (Shabbos 43a), as long as chicks were not on it all of these Bein ha'Shemashos. The Gemara says similarly about moving a bed when there are no coins on it (Shabbos 44a). There are two versions regarding the answer to the question. Since the matter is mid'Rabanan, presumably we are lenient like the latter version. This is why the Rif omitted this.

(c)

Poskim

1.

Shulchan Aruch (OC 310:3): Regarding both eating and moving, if anything was fit Bein ha'Shemashos, became ruined, and later became fit again, it becomes permitted again. Something that was Muktzah Bein ha'Shemashos is Muktzah all of Shabbos.

i.

Yam Shel Shlomo (Beitzah 3:16) One may move a Milah knife after a Bris (on Shabbos) because Ein Muktzah l'Chetzi Shabbos. The knife can be used to eat or other Heter uses, after he cleans it off. It is unlike a spit, which is repulsive afterwards

ii.

Rebuttal (Taz 3): This is wrong. One could not move the knife Bein ha'Shemashos due to Muktzah, just like a scribe's knife. Similarly, one may use an Eli (board) to chop meat or a spit to roast, but afterwards they are forbidden. The Eli is Muktzah because of Chisaron Kis; people designate a place for it. A spit is a mere piece of wood; it is not a Keli. Even though Bein ha'Shemashos the spit was destined to be used on Yom Tov, afterwards it is Muktzah. People do not use a Milah knife for other things, lest it get ruined. In any case a person would not want to cut his food with it (because it is used to cut foreskin).

iii.

Magen Avraham (311:5): Ein Muktzah l'Chetzi Shabbos applies only to something Muktzah due to intent not to use it. Since he intended for it Bein ha'Shemashos, it is permitted whenever it is fit for use. When there is a Heter to use Muktzah Machmas Chisaron Kis or Keli she'Melachto l'Isur, after using it it is forbidden again. A Mohel may put the knife where he wants after circumcising, since he was permitted to take it, but once he puts it down he may not pick it up again.

iv.

Mishnah Berurah (15): Therefore, if the Mohel himself does Pri'ah, it is advisable not to put the knife down. Rather, he should give it to someone else to hide away. B'Di'eved, if he put it down and fears lest it be stolen, he may move it.

v.

Kaf ha'Chayim (308:6,7): A Milah knife is not Muktzah when taken to circumcise. The Beis Yosef and Darchei Moshe cite the Rambam to say that even if there is no other baby to circumcise today, the Mohel may put it where he wants after circumcising, since he was permitted to take it. The Maharil requires casting it down after the Bris. The same applies to all needs of Milah on Shabbos or Yom Tov. The first opinion appears correct. Since it was not Muktzah at the start of Shabbos, he may put it where he wants.

2.

Shulchan Aruch (279:5): If one lit a lamp on Shabbos for a woman in labor or a (dangerously sick) Choleh, and the woman gave birth or the Choleh recovered, one may move it if it extinguished.

i.

Beis Yosef (DH Kosav): The Rashba permits this because the Halachah follows R. Shimon regarding Muktzah. A lamp is Muktzah at the start of Shabbos only if it was lit then, for he banished it. Lighting it on Shabbos for a Choleh does not banish it. Just the contrary, he lights it to move it for the sake of the Choleh! The Gemara did not resolve whether or not Yesh Muktzah l'Chetzi Shabbos. We are lenient about a Safek mid'Rabanan. Also, Abaye proved from a Beraisa that Ein Muktzah l'Chetzi Shabbos. The Gemara gave a weak rejection; it is not common that judges are present at birth to declare it a Ba'al Mum.

ii.

Kaf ha'Chayim (28): A lamp lit before Shabbos for the sake of a dangerously sick Choleh is not Muktzah, since one could have moved it Bein ha'Shemashos. If the Choleh recovered, one may move the lamp after it extinguished. If the Choleh was not dangerously sick, it is Muktzah.

iii.

Mishnah Berurah (16): We discuss moving the lamp for its use or place. It is no better than any other Keli she'Melachto l'Isur.

iv.

Kaf ha'Chayim (27): One must shake out the used wick.

3.

Shulchan Aruch (ibid.): Similarly, if one lit a lamp on Shabbos b'Shogeg and it extinguished, one may move it.

i.

Magen Avraham (11): The same applies if one lit it b'Mezid, just the Shulchan Aruch is not discussing Resha'im.

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