More Discussions for this daf
1. Yichud in Yehudah 2. Who is the Ramach? 3. Chupah & Kidushin
4. Tosfos DH Mitoch 5. Mo'avi v'Lo Mo'avis 6. Review Questions
7. Pakid v'Lo Akir
DAF DISCUSSIONS - KESUVOS 7

Eli Shemtov asked:

Tosofot says that the problem of burning Chometz on Yom Tov is only a

problem of Mukhtza. If so,

(1) why not burn the chometz wherever it is, without moving it outside to burn? and

(2) even if you must move it, why not just use a shinui (clachar yad) -- for example kick it

outside to the porch or use your elbows to pick it up?

A prompt reply will be appreciated! Thank you very much and keep up the good learning!

Eli Shemtov, Jerusalem

The Kollel replies:

(1) The Magen Avraham (OC 446:3) explains in the name of the Maharam that we cannot burn the Chametz where it is because this would necessitate the bringing of wood or other fuel, and even though we may move a Kli for something Muktzah, we may not move something that is not a Kli, such as firewood, for something Muktzah.

(2) Some Poskim hold that a Shinui is forbidden as long as the intention is to move the Muktzah (Chazon Ish OC 47:13). According to those Poskim who are Matir Tiltul k'l'Achar Yad (Taz, Graz (OC 276:10) and others) your question stands. However, since it is a Machlokes Rishonim, we could understand Tosfos like the Chazon Ish. Also, see Shemiras Shabbos k'Hilchasah (20:29) that kicking Chametz is forbidden since it is a Bizayon of food. Perhaps picking up with elbows in order to throw into the fire is not practical. Furthermore, it may be that a Shinui is not Mutar on Muktzah of Isurei Hana'ah because such Muktzah is more Chamur (the Pri Megadim suggests a similar idea with regard to Muktzah Machmas Chisaron Kis).

Dov Freedman