How should one discard a muktze item?
In the previous
shiur we discussed removing an item from one's pocket and the
problems of hanacha (depositing) in the street. We stated
that one must deposit the item b'shinui, i.e. in a backhanded
manner in order to circumvent direct hanacha.
When the item is
muktze one may not handle it when removing it from one's pocket,
rather the pocket must be turned out and the item dropped.
Does a shirt with money in a pocket become
This is part of a
subject called basis l'davar ha'assur, (translated as the
“base of/for a muktze item”) and explained as follows:
must be met for an item to become a áñéñ,
which, aside from the significant issues, we will postpone from
discussing at this time.
item willingly left in a certain place (with the intention of it
remaining there for the entire bein hashmashos-twilight)
renders the item it is placed in, to be muktze.
Consequently therefore, money or a purse with money in a pocket will
render the pocket muktze when one knew and intended for the
muktze item to be there over Shabbos. (An insignificant
amount of money is batel to the shirt and does not make it a
This relates to a
weekday jacket or trousers where one knowingly leaves money
there during the week intending it to be there on Shabbos.
Money placed during
the week in a Shabbos jacket that was not removed before
Shabbos does not render the pocket muktze, because it was not
the intention to leave the money there over Shabbos.
In other words, a weekday shirt or jacket
with money in the pocket can be muktze?
Normally yes, but
this depends on the type of pocket.
A shirt pocket is
comprised of a piece of cloth sewn onto the front of the shirt where
the shirt serves as the backing. Placing a muktze item in a
shirt pocket, when the 'base’ conditions are met, will render
the shirt a ‘base’, being that the muktze item rests
on the shirt.
Such a shirt adopts the status of the muktze item, and if
money is in the pocket, the shirt may not be moved for any reason.
This will apply to
all garments with a shirt-like pocket when the muktze item
was intended to be there on Shabbos.
What is the other type of pocket?
A pocket whose lip
is sewn onto a garment when the pocket is a separate entity, such as
trouser and jacket pockets, will not render the garment muktze.
When conforming to the conditions of ‘base’ the pocket will
become a ‘base’ and muktze, but the garment will not.
As a result one may not insert one's hand in the muktze
pocket but the garment may be moved for whatever is needed.
Nevertheless, if possible, one must first shake out the muktze.
May I handle the shirt with the muktze item
When possible, the
muktze item must be removed from the pocket by turning
the garment upside down. One may not handle the pocket itself to
turn it upside down as it is muktze.
Even when the
garment is not a ‘base”, such as when the conditions to create a
‘base’ do not apply (a Shabbos jacket), or when the nature of the
pocket will not render the garment muktze, one may not handle
the garment unnecessarily.
If one does not
want to shake out the muktze for one of the following
it will get
lost or ruined,
one is wearing
the garment in public and is embarrassed to remove it,
uncomfortable to shake muktze in public,
one may continue to
a side room and shake the muktze from the pocket.
May I move hazardous items out of harms
Obviously if the
item is not muktze it is permitted. The problem arises when
the item is muktze, for example, a glass smashed onto the
kitchen floor and people are present.
that broken glass may be handled and removed from harm's way,
because Chazal did not introduce restrictions in the face of
It is not necessary to use a dustpan in order to avoid handling the
muktze directly, as the g'zeira (edict) of muktze
does not apply in this instance.
If however the
shards are not hazardous, such as clay or earthen shards, one may
not handle them directly, but one may move them out of the way with
one's body (tiltul b'gufo)
or with a broom etc.
What if the hazardous item is outside in
Even then it may be
handled and moved out of harm's way. We still face the problem of
carrying something in a reshus harabim, which can result in a
biblical prohibition. The Shulchan Aruch states in such an
that one may carry the item, but must stop every 'less than four
amos' in order to avoid the issur d'oraisso. In a
carmelis (a domain where carrying is only ossur mid'rabanan
– rabbinically prohibited) one may carry it out of harm's way
without stopping every four amos. The heter is based
on the above rule, that Chazal do not introduce edicts in the
probability of injury, and carrying in a carmelis and 'less
than four amos' is only ossur mid'rabanan.
May one move a rock located on the
A rock poses
potential damage for anyone who does not notice it and it may be
moved out of harm's way. Halachically one may handle the rock
directly, as per above, but if one has doubts whether it really
poses a threat one should move it with one's foot. Thus nothing has