Halacha
הלכה א
יֵשׁ כְּלִי שֶׁמְּלַאכְתּוֹ לְהֶתֵּר וְהוּא הַכְּלִי שֶׁמֻּתָּר לַעֲשׂוֹת בּוֹ בְּשַׁבָּת דָּבָר שֶׁנַּעֲשָׂה לוֹ בְּחל. כְּגוֹן כּוֹס לִשְׁתּוֹת בּוֹ וּקְעָרָה לֶאֱכל בָּהּ וְסַכִּין לַחְתוֹך בּוֹ בָּשָׂר וּפַת וְקֻרְנָס לִפְצֹעַ בּוֹ אֱגוֹזִים וְכַיּוֹצֵא בָּהֶן:
כסף משנה
1.
There are utensils that are used for permitted purposes - i.e., a utensil that may be used on the Sabbath for the same purpose for which it is used during the week - e.g., a cup to drink from, a bowl to eat from, a knife to cut meat or bread, a hatchet to crack open nuts,1In many manuscript copies of the Mishneh Torah, the text reads "a hammer to crack open nuts." A blacksmith's hammer is considered as a utensil that is used for purposes that are forbidden (see Halachah 7). Nevertheless, a hammer specifically used to crack nuts is placed in a different category. The need to make this distinction is avoided by our version of the text which refers to a hatchet. and the like.הלכה ב
וְיֵשׁ כְּלִי שֶׁמְּלַאכְתּוֹ לְאִסּוּר וְהוּא הַכְּלִי שֶׁאָסוּר לַעֲשׂוֹת בּוֹ בְּשַׁבָּת דָּבָר שֶׁנַּעֲשָׂה בּוֹ. כְּגוֹן מַכְתֶּשֶׁת וְרֵיחַיִם וְכַיּוֹצֵא בָּהֶן שֶׁאָסוּר לִכְתּשׁ וְלִטְחֹן בְּשַׁבָּת:
כסף משנה
2.
There are utensils that are used for forbidden purposes - i.e., a utensil that is forbidden to be used on the Sabbath for the same purpose that it is [ordinarily] used - e.g., a grinder, a mill, and the like - for it is forbidden to crush or grind on the Sabbath.הלכה ג
כָּל כְּלִי שֶׁמְּלַאכְתּוֹ לְהֶתֵּר בֵּין הָיָה שֶׁל עֵץ אוֹ שֶׁל חֶרֶס אוֹ שֶׁל אֶבֶן אוֹ שֶׁל מַתֶּכֶת מֻתָּר לְטַלְטְלוֹ בְּשַׁבָּת. בֵּין בִּשְׁבִיל עַצְמוֹ שֶׁל כְּלִי בֵּין לְצֹרֶךְ מְקוֹמוֹ בֵּין לְצֹרֶךְ גּוּפוֹ. וְכָל כְּלִי שֶׁמְּלַאכְתּוֹ לְאִסּוּר בֵּין הָיָה שֶׁל עֵץ אוֹ שֶׁל חֶרֶס אוֹ שֶׁל אֲבָנִים אוֹ שֶׁל מַתֶּכֶת מֻתָּר לְטַלְטְלוֹ בְּשַׁבָּת בֵּין לְצֹרֶךְ גּוּפוֹ בֵּין לְצֹרֶךְ מְקוֹמוֹ אֲבָל בִּשְׁבִיל עַצְמוֹ שֶׁל כְּלִי אָסוּר:
כסף משנה
3.
All utensils used for purposes that are permitted may be carried on the Sabbath, whether they are made of wood, earthenware, stone, or metal. [They may be moved] for the sake of the utensil, for the use of the place [it occupies], or to use it [for a purpose that is permitted].2As mentioned in the conclusion of the previous chapter, the Maggid Mishneh interprets the Rambam's statements as meaning that we are not allowed to carry a utensil for no purpose at all, even one that is generally used for a permitted purpose. This law is quoted by the Shulchan Aruch (Orach Chayim 308:4).All utensils used for purposes that are forbidden, whether they are made of wood, earthenware, stone, or metal may be moved [with certain restrictions]. [Such a utensil may be moved] for the use of the place [it occupies], or to use it [for a purpose that is permitted]. It is, however, forbidden [to move it] for its own sake.3There are, however, several leniencies suggested by the later authorities - e.g., using such a utensil for a permitted purpose and then placing it down where one desires (Shulchan Aruch HaRav 308:12; Mishnah Berurah 308:16). Alternatively, one may move it with one's feet or in a manner that is considered irregular (Shulchan Aruch HaRav 308:15).
הלכה ד
כֵּיצַד. מְטַלְטֵל הוּא אֶת הַקְּעָרָה שֶׁל עֵץ לֶאֱכל בָּהּ אוֹ לֵישֵׁב בִּמְקוֹמָהּ. אוֹ כְּדֵי שֶׁלֹּא תִּגָּנֵב. וְזֶה הוּא בִּשְׁבִיל עַצְמָהּ. וְכֵן אִם טִלְטֵל אוֹתָהּ מִן הַחַמָּה כְּדֵי שֶׁלֹּא תִּתְיַבֵּשׁ וְתִשָּׁבֵר אוֹ מִן הַגְּשָׁמִים כְּדֵי שֶׁלֹּא תִּתְפַּח וְתִפָּסֵד הֲרֵי זֶה מְטַלְטֵל בִּשְׁבִיל עַצְמָהּ וּמֻתָּר מִפְּנֵי שֶׁמְּלַאכְתָּהּ לְהֶתֵּר:
כסף משנה
4.
What is implied? One may move a wooden bowl to eat from it, to sit in the place [where it is located], or so that it will not be stolen. The latter is [what is meant by the expression] "for the sake of [the utensil] itself."Similarly, [a utensil] may be taken out of the sun so that it will not become parched and break. It may also be removed from the rain so that it will not become saturated with water and deteriorate. These are considered "for the sake of [the utensil] itself" and are permitted, since the tasks performed with this utensil are permitted.
הלכה ה
וְכֵן מְטַלְטֵל הוּא הָרֵחַיִם אוֹ הַמַּכְתֶּשֶׁת לְשַׁבֵּר עָלֶיהָ אֱגוֹזִים אוֹ לַעֲלוֹת עָלֶיהָ לַמִּטָּה וְזֶה הוּא לְצֹרֶךְ גּוּפוֹ אוֹ לֵישֵׁב בִּמְקוֹמוֹ. אֲבָל אֵינוֹ מְטַלְטְלָהּ כְּדֵי שֶׁלֹּא תִּשָּׁבֵר וְלֹא כְּדֵי שֶׁלֹּא תִּגָּנֵב. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
5.
Similarly, one may move a mill or a grinder4I.e., utensils that are used for a forbidden purpose, as mentioned in Halachah 2. in order to crack nuts open on it5After one picks up such a utensil and uses it for a permitted purpose, one may continue carrying it and place it wherever one desires (Maggid Mishneh). or to climb up to a couch on it. This is [what is meant by the expression] "to use it [for a purpose that is permitted]."[Similarly, one may move it] to sit in the place where it is located. One may not, however, move it so that it will not break, so that it will not be stolen, or the like.
הלכה ו
וְכָל שֶׁאֵינוֹ כְּלִי כְּגוֹן אֲבָנִים וּמָעוֹת וְקָנִים וְקוֹרוֹת וְכַיּוֹצֵא בָּהֶן אָסוּר לְטַלְטְלָן. אֶבֶן גְּדוֹלָה אוֹ קוֹרָה גְּדוֹלָה אַף עַל פִּי שֶׁהִיא נִטֶּלֶת בַּעֲשָׂרָה בְּנֵי אָדָם אִם יֵשׁ תּוֹרַת כְּלִי עָלֶיהָ מְטַלְטְלִים אוֹתָהּ. דַּלְתוֹת הַבַּיִת אַף עַל פִּי שֶׁהֵן כֵּלִים לֹא הוּכְנוּ לְטַלְטֵל לְפִיכָךְ אִם נִתְפָּרְקוּ אֲפִלּוּ בְּשַׁבָּת אֵין מְטַלְטְלִין אוֹתָן. וְכֵן הֶעָפָר וְהַחוֹל וְהַמֵּת אֵין מְזִיזִין אוֹתָן מִמְּקוֹמָן. וּבֶן שְׁמוֹנָה חַי הֲרֵי הוּא כְּאֶבֶן וְאָסוּר לְטַלְטְלוֹ:
כסף משנה
6.
Any entity that is not a utensil - e.g., stones, money, rods, beams, and the like - is forbidden to be carried.6They may not be moved at all, even if one desires to use them for a purpose that is permitted, or one requires the place that they are occupying (Ramah, Orach Chayim 308:7). [Nevertheless,] even a large stone or a large beam that requires ten people to carry it, if it is deemed a utensil7I.e., as indicated in the subsequent halachot, if a person set aside or prepared a stone or board for a specific purpose, it is considered a utensil and may be moved on the Sabbath. it may be carried.8No matter how large a utensil is, it is permitted to be carried it on the Sabbath if one would ordinarily carry such a utensil during the week (Shulchan Aruch, Orach Chayim 308:2). (See, however, Chapter 26, Halachah 11, and notes.)The doors of a house are considered to be utensils; they have not, however, been prepared for use.9Shabbat 122b differentiates between the doors of a chest - which are permitted to be carried if removed on the Sabbath (see Halachah 12) - and the doors of a house, which are not. The Rambam explains that the reason for this distinction is that, even though the doors of a house are considered utensils, it is unlikely that before the Sabbath commenced, one considered using them on the Sabbath. Therefore, they are considered muktzeh, as is explained in Halachah 9 and notes.
Rashi, by contrast, maintains that these doors are not utensils, and that is the reason it is forbidden to carry them. Therefore, if they are detached - even on the Sabbath10The Rambam uses the word "even" both here and in his Commentary on the Mishnah (Shabbat 17:1). It would appear that his intent is that it is taken for granted that doors that were removed before the Sabbath and were not prepared to be used for another purpose may not be used on the Sabbath. Even doors that were removed on the Sabbath and had been used as doors on this Sabbath may not be carried if they are removed. - they may not be moved.
Earth, sand, and a corpse11See the Shulchan Aruch (Orach Chayim 311), which mentions certain leniencies regarding moving a corpse if one fears that it will begin to decompose. may not be moved from their place. Similarly, an infant born in the eighth month, [although] he is alive, is considered as a stone and it is forbidden to move him.12Yevamot 80b states that a child born after only eight months will surely die. Therefore, even while he is still living, it is forbidden to carry him on the Sabbath.
Tosafot, Shabbat 135a, states that this ruling is no longer followed, since at present it is impossible to determine exactly when a child was conceived. Therefore, we cannot be certain of the length of time the mother was pregnant. Furthermore, the advances in medical technology have enabled us to save the lives of many babies who would surely not have survived in previous generations. At present, it is a mitzvah to attempt to save the lives of all premature babies, even if doing so involves performing a forbidden labor on the Sabbath.
הלכה ז
מֻתָּר לְטַלְטֵל הַכְּלִי אֲפִלּוּ שֶׁלֹּא לְצֹרֶךְ תַּשְׁמִישׁוֹ אֶלָּא לַעֲשׂוֹת בּוֹ מְלָאכָה שֶׁלֹּא נַעֲשָׂה לְתַשְׁמִישָׁהּ. כֵּיצַד. נוֹטֵל אָדָם קֻרְנָס לִפְצֹעַ בּוֹ אֱגוֹזִים. קוֹרְדוֹם לַחְתֹּךְ בּוֹ דְּבֵלָה. מְגֵרָה לְגָרֵר בָּהּ אֶת הַגְּבִינָה. מַגְרֵפָה לִגְרֹף בָּהּ אֶת הַגְּרוֹגָרוֹת. אֶת הָרַחַת וְאֶת הַמַּזְלֵג לָתֵת עָלָיו אֹכֶל לְקָטָן. אֶת הַכּוֹשׁ וְאֶת הַכַּרְכָּר לִתְחֹב בּוֹ. מַחַט שֶׁל סַקָּאִין לִפְתֹּחַ בּוֹ אֶת הַדֶּלֶת. אֶת הַמַּכְתֶּשֶׁת לֵישֵׁב עָלֶיהָ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
7.
It is permitted to carry a utensil to perform tasks other than those for which it is intended to be used. What is implied? One may take a hammer to crack nuts, a hatchet to cut a dried fig, a saw to cut cheese, a rake to collect dried figs, a winnowing shovel or a pitchfork to feed a child, a spindle or a weaver's shuttle to pierce with, a sack-maker's needle to pick a lock,13Our translation of the above terms is based on the Rambam's Commentary on the Mishnah (Shabbat 17:2). or a mill-stone to sit on.14Significantly, this is the only one of the examples given by the Rambam that is not mentioned in the Mishnah (op. cit.). The Rabbis cite Eruvin 102b or Shabbat 124b as possible sources. The same principle applies in other similar situations.הלכה ח
וּמְטַלְטֵל אָדָם מַחַט שֶׁל יָד הַשְּׁלֵמָה לִטּל בָּהּ אֶת הַקּוֹץ. אֲבָל אִם נִטַּל הַקָּצֶה הַנָּקוּב שֶׁלָּהּ אוֹ הַקָּצֶה הַחַד שֶׁלָּהּ אֵין מְטַלְטְלִין אוֹתָהּ. וְאִם הָיְתָה גּלֶם וַעֲדַיִן לֹא נִקְּבָה מֻתָּר לְטַלְטְלָהּ:
כסף משנה
8.
A person may carry a sewing needle that is whole to remove a splinter.15In his Commentary on the Mishnah (loc. cit.), the Rambam uses this statement as proof that there is no prohibition against removing a splinter on the Sabbath. If, however, its head or its point has been broken off, it may not be carried.16Because it is no longer useful as a utensil (Shabbat 123a). Thus it resembles a stone which cannot be carried on the Sabbath. See Halachah 12. If it is still in an incomplete state and its head has not been pierced, it may be carried.17Since there are times when it is preserved in this state for the purpose of removing thorns and the like (Rashi, Shabbat, loc. cit.).הלכה ט
כָּל כְּלִי שֶׁמַּקְפִּיד עָלָיו שֶׁמָּא יִפְחֲתוּ דָּמָיו כְּגוֹן כֵּלִים הַמֻּקְצִים לִסְחוֹרָה וְכֵלִים הַיְקָרִים בְּיוֹתֵר שֶׁמַּקְפִּיד עֲלֵיהֶן שֶׁמָּא יִפָּסְדוּ אָסוּר לְטַלְטְלָן בְּשַׁבָּת וְזֶה הוּא הַנִּקְרָא מֻקְצֶה מֵחֲמַת חֶסְרוֹן כִּיס. כְּגוֹן הַמַּסָּר הַגָּדוֹל וְיָתֵד שֶׁל מַחְרֵשָׁה וְסַכִּין שֶׁל טַבָּחִים וְחֶרֶב שֶׁל אוּשְׁכָּפִים וְחִצִּין הַחֲרָשִׁים וְקֻרְנָס שֶׁל בַּשָּׂמִים וְכַיּוֹצֵא בָּהֶן:
כסף משנה
9.
Whenever a person is careful [not to use] a utensil lest its value depreciate - e.g., utensils that are set aside as merchandise,18Note Shulchan Aruch HaRav 308:3, which states that not all utensils that are set aside as merchandise are intended solely for that purpose. Many storekeepers consider making personal use of the wares in their shops. In such an instance, one would be allowed to move the article on the Sabbath. or very expensive utensils of which one is extremely careful lest they spoil - carrying it is forbidden on the Sabbath.19The word muktzeh means "set aside." Since a person would ordinarily have no thought of using such a utensil on the Sabbath, it is placed in this category. Even if he changes his mind afterwards and decides to use it on the Sabbath, this is forbidden. Since at the commencement of the Sabbath it was not his intent to use it, it may not be moved for the entire day.The commentaries compare this law regarding merchandise to Chapter 26, Halachah 14, which states that food, even when set aside to be sold, is never considered muktzeh. This [category] is referred to as muktzeh [lest] financial loss [be caused].
[Included in this category are] a large saw, the knife-like point of a plow, a butcher's knife, a leather-worker's knife, a carpenter's plane, a perfume-maker's mortar,20All these utensils are used for professional purposes that are forbidden on the Sabbath. Since they are delicate instruments, their owners will not use them for other purposes, lest they become damaged. and the like.
הלכה י
כָּל כְּלִי שֶׁהֻקְצָה מֵחֲמַת הָאִסּוּר אָסוּר לְטַלְטְלוֹ. כְּגוֹן נֵר שֶׁהִדְלִיקוּ בּוֹ בְּשַׁבָּת וְהַמְּנוֹרָה שֶׁהָיָה הַנֵּר עָלֶיהָ וְשֻׁלְחָן שֶׁהָיוּ עָלָיו מָעוֹת אַף עַל פִּי שֶׁכָּבָה הַנֵּר אוֹ שֶׁנָּפְלוּ הַמָּעוֹת אָסוּר לְטַלְטְלָן. שֶׁכָּל כְּלִי שֶׁהָיָה אָסוּר לְטַלְטְלוֹ בֵּין הַשְּׁמָשׁוֹת נֶאֱסַר לְטַלְטְלוֹ כָּל הַשַּׁבָּת כֻּלָּהּ אַף עַל פִּי שֶׁהָלַךְ הַדָּבָר שֶׁגָּרַם לוֹ הָאִסּוּר:
כסף משנה
10.
All utensils that were set aside because of [an association with] a prohibited [activity] are forbidden to be carried. For example, it is forbidden [to move] a lamp that was kindled for the Sabbath,21For these same reasons, it is forbidden to use the oil in the lamp, as stated in Chapter 5, Halachah 12.It must be emphasized that, because the articles mentioned in this halachah were involved with the performance of a forbidden activity on the Sabbath itself, the prohibitions governing it are more severe than those applying to an article used for a forbidden labor. It is forbidden to move the articles mentioned in this halachah, even when it is necessary to use the place where they are located or one desires to use them for a permitted purpose. a candelabra upon which a lamp was placed, or a table on which money was lying.22As evident from Halachah 17, the present halachah refers to an instance when money was intentionally placed on the table. If it was forgotten there, more lenient rules apply.
[Moreover,] even if the candle is extinguished or if the money falls, [the prohibition remains intact]. Whenever an article is forbidden to be carried beyn hash'mashot [on Friday], it remains forbidden to be carried throughout the entire Sabbath23Rashi, Beitzah 26b, derives this concept from Exodus 16:5, "On Friday, they will prepare what they have brought," which implies that the Sabbath preparations are completed on Friday, before the Sabbath's commencement. An article that is not prepared for use at that time may not be used throughout the Sabbath., even though the factor that caused it to become forbidden is no longer present.
הלכה יא
אֲבָל כְּלִי הַמֻּקְצֶה מֵחֲמַת מֵאוּסוֹ כְּגוֹן נֵר יָשָׁן שֶׁל נֵפְט וּכְלִי הַצּוֹאָה וְכַיּוֹצֵא בָּהֶן מֻתָּר לְטַלְטְלָן בְּשַׁבָּת אִם הֻצְרַךְ לָהֶן:
כסף משנה
11.
In contrast, a utensil that is set aside because it is repulsive - e.g., a used kerosene lamp,24Kerosene produces an unpleasant odor. Therefore, even a metal lamp that uses it for fuel is considered repulsive. a chamber pot, or the like - may be carried on25This halachah grants permission to carry the repulsive article for other purposes. One is allowed to remove an article that contains filth from a room regardless, as stated in the Shulchan Aruch (Orach Chayim 279:6, 308:34-35). the Sabbath26Although one would generally not think of using such a utensil because it is repulsive, since its use is not totally out of the question, it is not forbidden as muktzeh. According to the Shulchan Aruch (Orach Chayim 308:35), however, this leniency does not apply to a chamber pot. It is considered as too repulsive to use for other purposes. if it is required.27Note the gloss of Rabbi Akiva Eiger, which states that it appears that such entities may be moved only when one desires to use them for a purpose and not when one merely desires to use the place in which they are being kept. The Mishnah Beruah 279:19, however, differs and also permits moving the article when one desires to use its place.הלכה יב
כָּל הַכֵּלִים הַנִּטָּלִין בְּשַׁבָּת שֶׁנִּתְפָּרְקוּ דַּלְתוֹתֵיהֶן כְּגוֹן דַּלְתוֹת שִׁדָּה תֵּבָה וּמִגְדָּל בֵּין שֶׁנִּתְפָּרְקוּ בְּשַׁבָּת בֵּין שֶׁנִּתְפָּרְקוּ קֹדֶם הַשַּׁבָּת מֻתָּר לְטַלְטֵל אוֹתָן דְּלָתוֹת. וְכֵן כָּל הַכֵּלִים הַנִּטָּלִין בְּשַׁבָּת שֶׁנִּשְׁבְּרוּ בֵּין קֹדֶם הַשַּׁבָּת בֵּין בְּשַׁבָּת שִׁבְרֵיהֶן נִטָּלִין וְהוּא שֶׁיִּהְיוּ שִׁבְרֵיהֶן עוֹשִׂין מֵעֵין מְלַאכְתָּן. כֵּיצַד. שִׁבְרֵי עֲרֵבָה לְכַסּוֹת בָּהֶן אֶת פִּי הֶחָבִית. שִׁבְרֵי זְכוּכִית לְכַסּוֹת בָּהֶן אֶת פִּי הַפַּךְ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. אֲבָל אִם אֵין הַשְּׁבָרִים רְאוּיִין לִמְלָאכָה כְּלָל אָסוּר לְטַלְטְלָן:
כסף משנה
12.
The doors of any utensil28Compare to Halachah 6. that may be carried on the Sabbath - e.g., the doors of a box, a chest, or a cabinet - may themselves be carried [on the Sabbath], regardless of whether they were removed on the Sabbath or before the Sabbath.29The Merkevet HaMishneh notes that in this clause the Rambam mentions "before the Sabbath" after "on the Sabbath," because it is the greater inclusion. Since the doors were not fixed before the Sabbath, one might think that they are no longer considered part of a utensil, and hence it would be forbidden to carry them on the Sabbath. Nevertheless, since they are fit to be attached to their original utensil, they may be moved.In the following clause, the Rambam mentions "on the Sabbath" after "before the Sabbath," because it is the greater inclusion, as explained in the following note.
Similarly, whenever a utensil that can be carried on the Sabbath breaks, whether before the Sabbath or on the Sabbath,30When an article breaks on the Sabbath and it is no longer fit to be used for its original purpose, there is a difficulty. There is a difference of opinion among the Sages whether an object that is nolad - i.e., "comes into existence initially" on the Sabbath - is permitted or not. Since it was on the Sabbath that it first became possible to use the broken pieces of the utensils for this new purpose, it is possible to consider them as nolad (Magen Avraham 308:14).
The prevailing view is that objects that are nolad are permitted to be moved on the Sabbath. They are, however, forbidden to be moved on a festival. Accordingly, if an article breaks on a festival, it would be forbidden to move its broken pieces even if they were fit to be used for a constructive (other than one resembling the article's original) purpose Shulchan Aruch HaRav 308:24].
It must, however, be noted that the Magen Avraham's conception is not accepted by all authorities. Many maintain that since these pieces were always fit for use - either as part of the larger utensil or in their own right - they should not be considered nolad (Be'ur Halachah 308). its broken pieces may be carried on the Sabbath, provided these pieces can be used for a purpose that resembles the purpose for which they could be used [originally].31Our translation follows the standard printed text of the Mishneh Torah, even though there appears to be a printing error. To explain: In the Mishnah (Shabbat 17:5), there is a difference of opinion between the Sages. The first opinion of the Mishnah states that the broken pieces of a utensil may be carried provided they can be used for any constructive purpose. Rabbi Yehudah differs and maintains that the broken pieces may be carried only when they can be used for a purpose that resembles the intent for which they had originally been used.
Although the wording of the standard printed text follows Rabbi Yehudah's opinion, the examples he gives and the continuation of the halachah follow the other view. Significantly, many manuscripts and early printings of the Mishneh Torah state "provided the pieces can be used for a constructive purpose."
Although the Baal Halachot Gedolot and other sages of the early generations follow Rabbi Yehudah's opinion, in the later generations almost all the authorities accept the other view.
What is implied? The broken pieces of a kneading trough can be used to cover the opening of a jug. Broken pieces of glass can be used to cover the opening of a flask. The same rules apply in other similar situations. If, by contrast, the broken pieces are unfit for any purposeful use, it is forbidden to carry them.32For they are no longer a utensil, and hence may not be carried, as stated in Halachah 6. Note the Ramah (Orach Chayim 308:6), who mentions that if the broken pieces of the utensil present a danger, they may be moved.
הלכה יג
כָּל כִּסּוּיֵי הַכֵּלִים נִטָּלִים בְּשַׁבָּת וְהוּא שֶׁיֵּשׁ תּוֹרַת כְּלִי עֲלֵיהֶן. הָיָה כְּלִי מְחֻבָּר בַּקַּרְקַע כְּגוֹן חָבִית הַטְּמוּנָה בָּאָרֶץ. אִם יֵשׁ בַּכִּסּוּי שֶׁלָּהּ בֵּית אֲחִיזָה מְטַלְטְלִין אוֹתוֹ וְאִם לָאו אֵין מְטַלְטְלִין אוֹתוֹ. וְכֵן כִּסּוּיֵי הַקַּרְקָעוֹת כְּגוֹן בּוֹרוֹת וַחֲרִיצִין אֵין מְטַלְטְלִין כִּסּוּי שֶׁלָּהֶן אֶלָּא אִם כֵּן יֵשׁ לוֹ בֵּית אֲחִיזָה. כִּסּוּי הַתַּנּוּר אַף עַל פִּי שֶׁאֵין לוֹ בֵּית אֲחִיזָה מֻתָּר לְטַלְטְלוֹ:
כסף משנה
13.
All the covers of utensils may be carried on the Sabbath, provided they, themselves, are considered to be utensils.33With the latter clause, the Rambam excludes objects that were never used as the coverings of utensils before the Sabbath, nor were they prepared for to be used for this purpose. Furthermore, if it is not common practice to use an object for this purpose - e.g., a stone - it may not be moved on the Sabbath despite the fact that it was used as a covering several times during the week (Shulchan Aruch HaRav 308:36).(See also Rashi (Shabbat 126b), who states that we may carry a cover only when it is fit to be used as a utensil in its own right. His opinion is not shared by other authorities.)
[The following rules apply regarding] utensils that are attached to the ground - e.g., a barrel imbedded in the earth:34According to the Maggid Mishneh, this refers to a utensil that is buried entirely within the ground and does not protrude at all. Since it is built in this manner, the Sages apply the laws governing pits and vats to it, lest people be unable to distinguish between them. If, however, a utensil that is attached to the ground projects from the ground, its cover does not require a handle, as will be explained (Shulchan Aruch, Orach Chayim 308:10). If its cover has a handle, it may be carried. If not, it may not be carried. Similarly, the coverings of cisterns and ditches should not be carried35This refers to covers that are not attached with a hinge, as is obvious from Chapter 10, Halachah 14. unless they have a handle.36By mentioning this law in this context, it would appear that the Rambam considers the rationale for the prohibition to be that without handles, the cover is not considered a utensil (Rav David Arameah).
Other authorities explain that when a cover lacks handles, its removal or placement resembles building. If, however, the cover has a handle, it is clearly distinguished as a separate entity that is intended to be handled (Shulchan Aruch HaRav 308:37; Mishnah Berurah 308:42). The Rambam touches on the latter prohibition, albeit in a slightly different manner, in Chapter 22, Halachah 25. The covering of an oven [by contrast] may be carried, even though it does not have a handle.37In Talmudic times, an oven was a separate utensil whose base was attached to the ground, but which protruded from the ground entirely. Therefore, it could not be confused with a pit or a vat (Maggid Mishneh). As the structure of ovens has changed throughout the ages, there has also been a variation in the laws governing their covers.
הלכה יד
שְׁנֵי דְּבָרִים אֶחָד אָסוּר לְטַלְטְלוֹ וְאֶחָד מֻתָּר לְטַלְטְלוֹ וְהֵן סְמוּכִים זֶה לָזֶה אוֹ זֶה עַל זֶה אוֹ זֶה בָּזֶה וּבִזְמַן שֶׁמְּטַלְטְלִין אֶחָד מֵהֶן יְטַלְטֵל הַשֵּׁנִי. אִם הָיָה צָרִיךְ לַדָּבָר שֶׁמֻּתָּר לְטַלְטְלוֹ מְטַלְטְלוֹ וְאַף עַל פִּי שֶׁדָּבָר הָאָסוּר מִטַּלְטֵל עִמּוֹ. וְאִם צָרִיךְ לְטַלְטֵל דָּבָר הָאָסוּר לֹא יְטַלְטְלֶנּוּ בְּאוֹתוֹ דָּבָר הַמֻּתָּר:
כסף משנה
14.
[The following rules apply when] there are two entities, one permitted to be carried and one forbidden to be carried - one adjacent to the other, one on top of the other, or one within the other - and when one is moved the other will also be moved:38Based on Tosafot, Shabbat 43b, the Shulchan Aruch (Orach Chayim 311:8) describes these laws with the term טלטול מן הצד, "carrying in an indirect manner." If a person requires the article that is permitted [to be carried], he may move it, even though the forbidden article is drawn after it. If he requires to move the forbidden article, he should not move it by moving the permitted article.הלכה טו
כֵּיצַד. פַּגָּה שֶׁהָיְתָה טְמוּנָה בְּתֶבֶן וַחֲרָרָה שֶׁהָיְתָה עַל גַּבֵּי גֶּחָלִים תּוֹחֲבָן בְּכוֹשׁ אוֹ בְּכַרְכָּר וְנוֹטְלָן וְאַף עַל פִּי שֶׁהַתֶּבֶן וְהַגֶּחָלִים נִנְעָרִים בְּשַׁבָּת בִּשְׁעַת נְטִילָה. וְכֵן לֶפֶת אוֹ צְנוֹנוֹת שֶׁהָיוּ טְמוּנִים בְּעָפָר וּמִקְצָת הֶעָלִים מְגֻלִּים שׁוֹמְטָן בְּשַׁבָּת בֶּעָלֶה שֶׁלָּהֶן וְאַף עַל פִּי שֶׁהֶעָפָר נִנְעָר. אֲבָל אִם הָיָה כִּכָּר אוֹ תִּינוֹק עַל גַּבֵּי הָאֶבֶן אוֹ עַל גַּבֵּי הַקּוֹרָה לֹא יְטַלְטֵל הָאֶבֶן אוֹ הַקּוֹרָה בַּכִּכָּר אוֹ בַּתִּינוֹק שֶׁיֵּשׁ עָלֶיהָ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
15.
What is implied? When a fig39An article that is permitted to be carried. is buried in straw40An article that is forbidden to be carried, because it is used for construction. More precisely, the term פגה refers to an unripe fig that is placed in the straw to ripen. or a cake is lying upon coals, one may pierce them with a spindle or a weaver's shuttle and remove them, even though the straw or the coals41The commentaries question whether or not this refers to an instance where the coals are burning. Were the coals to be burning, there is the possibility that by removing the cake, one will extinguish the upper coals and cause the lower coals to burn. The Maggid Mishneh quotes Rashi (Eruvin 77a) as explaining that the coals have already been extinguished.The Kessef Mishneh notes that the wording chosen by the Rambam differs slightly from that of the Talmud. The Talmud states "a cake buried in coals," while the Rambam speaks of a cake "lying on coals." Therefore, he maintains that the law stated by the Rambam applies even when the coals are burning.
Rabbenu Avraham, the Rambam's son (Birkat Avraham, Responsum 9), also shares that opinion, explaining that it is not absolutely necessary that the person will cause the coals to move, and this is not his intention. Therefore, there is no prohibition involved, as stated in Chapter 1, Halachah 5. (See also Hilchot Shegagot, Chapter 7.) Significantly, however, when Rav Yosef Karo mentions these laws in the Shulchan Aruch (Orach Chayim 311:9), he cites the example of the fig and the straw, but omits mention of the cake and the coals entirely. will be moved on the Sabbath when one removes them.
Similarly, if a turnip or a radish42The Shulchan Aruch (Orach Chayim 311:8) emphasizes that this refers to an instance where the vegetables were placed in the earth for storage purposes and they had not yet become rooted there. Were they to have taken root in the earth, it would be forbidden to remove them. is buried in [loose] earth and a portion of its leaves is protruding,43If, however, a portion of its leaves is not protruding, it is not permitted to pierce them with a spindle and remove them. By doing so, one would appear to be creating a pit in the earth.
This is the opinion of the Maggid Mishneh. The Magen Avraham 311:21, however, mentions the opinion of the Tosafot, Shabbat 50b, from which it appears that this leniency would be allowed. one may pull out [the vegetables] on the Sabbath, even though the earth is dislodged. Conversely, however, if a loaf of bread or a child is [located] on a stone or beam, one may not carry the stone or beam because of the child or the loaf of bread.44This is an example of the second principle mentioned in the previous halachah, that one may not carry a forbidden object because of a permitted object lying upon it. Note Chapter 26, Halachah 21, which mentions that exceptions to this principle are made to save a corpse from the heat or from a fire. Similar rules apply in other analogous situations.
הלכה טז
נוֹטֵל אָדָם אֶת בְּנוֹ שֶׁיֵּשׁ לוֹ גַּעְגּוּעִין עָלָיו וְהָאֶבֶן בְּיָדוֹ אֲבָל לֹא דִּינָר שֶׁאִם יִפּל הַדִּינָר יִטְּלֶנּוּ הָאָב בְּיָדוֹ. כַּלְכָּלָה שֶׁהָיְתָה נְקוּבָה וְסָתַם נֶקֶב שֶׁלָּהּ בְּאֶבֶן מֻתָּר לְטַלְטְלָהּ שֶׁהֲרֵי הָאֶבֶן נַעֲשֵׂית כְּדֹפֶן. הָיְתָה הַכַּלְכָּלָה מְלֵאָה פֵּרוֹת וְהָאֶבֶן בְּתוֹךְ הַפֵּרוֹת אִם הָיוּ הַפֵּרוֹת רְטֻבִּים כְּגוֹן עֲנָבִים וְתוּתִים נוֹטֵל אוֹתָהּ כְּמוֹת שֶׁהִיא שֶׁאִם יְנַעֵר הַפֵּרוֹת יִטָּנְפוּ בֶּעָפָר וּבִמְקוֹם הֶפְסֵד לֹא גָּזְרוּ:
כסף משנה
16.
A person may pick up his son if [the son] yearns for [his father],45The bracketed additions were made on the basis of Shabbat 141b. despite the fact that the son is holding a stone.46Shabbat 141b explains that this refers to a situation where the son might become sick if his father does not pick him up. If there is no danger of the child's becoming sick, the father is forbidden to pick him up (Magen Avraham 309:1).This, however, is not [permitted] if [the son] is holding a dinar,47A coin of the Talmudic period. lest it fall and the father [pick it up and] carry it.48Shulchan Aruch HaRav 309:2 mentions that it is even forbidden to hold the child by the hand that is not holding the coin.When a basket has a hole and a stone has been used to plug the hole,49The Magen Avraham 309:3 states that this refers to an instance where one firmly attached the stone in the hole, making it a permanent part of the basket. Otherwise, carrying the stone in the basket is forbidden.
Note the Rambam's Commentary on the Mishnah (Shabbat 21:1), where the Rambam interprets this law and the one that follows as a single concept (as the Ra'avad does in his notes). According to that understanding, the leniency of using the stone as part of a container is permitted only when the basket contains fruit that will spoil if the container is overturned. Thus, the Rambam's decision here reflects a change of mind in favor of a more lenient ruling. [the basket] may be carried, because the stone is considered as its wall.
[The following rules apply when] a basket is filled with fruit and a stone [is discovered] among the fruit:50The Shulchan Aruch (Orach Chayim 309:3) mentions the converse of this principle. When the fruits are firm and will not be spoiled if the basket is overturned and they are spilled to the earth, the basket should be overturned before it is carried. If the fruit is soft - e.g., grapes or berries - the basket may be carried as it is.51As mentioned above, the Ra'avad objects to this decision, based on his interpretation of Shabbat 142a. The Maggid Mishneh states that according to the text of the Talmud we have, the Ra'avad's interpretation must be accepted. It is, however, possible that the Rambam's text of the Talmud had a different version of this passage. Both the Tur and the Shulchan Aruch (Orach Chayim 309:3) follow the Rambam's approach. If one spills out the fruit, it would be spoiled by the earth, and [our Sages] did not [apply] their decree in an instance where a loss would be caused.52The Shulchan Aruch (loc. cit.) also mentions that if one needs to use the place where the basket with the stone is placed, one may move it without overturning it, even though it contains fruit that will not be spoiled. (See Halachot 17 and 20).
הלכה יז
חָבִית שֶׁשָּׁכַח אֶבֶן עַל פִּיהָ מַטָּהּ עַל צִדָּהּ וְהִיא נוֹפֶלֶת. הָיְתָה בֵּין הֶחָבִיּוֹת וְהָאֶבֶן עָלֶיהָ מַגְבִּיהָהּ לְמָקוֹם אַחֵר וּמַטֶּה עַל צִדָּהּ שָׁם וְהָאֶבֶן נוֹפֶלֶת. וְכֵן הַשּׁוֹכֵחַ מָעוֹת עַל הַכַּר וְצָרַךְ לַכַּר נוֹעֵר אֶת הַכַּר וְהֵן נוֹפְלוֹת. וְאִם צָרִיךְ לִמְקוֹם הַכַּר נוֹטֵל אֶת הַכַּר וְהַמָּעוֹת עָלָיו. אֲבָל אִם הִנִּיחַ הַמָּעוֹת מֵעֶרֶב שַׁבָּת עַל הַכַּר אוֹ הִנִּיחַ הָאֶבֶן עַל פִּי הֶחָבִית הֲרֵי אֵלּוּ אֲסוּרִין לְטַלְטְלָן וַאֲפִלּוּ נִטְּלוּ הַמָּעוֹת וְהָאֶבֶן שֶׁהֲרֵי נַעֲשׂוּ בָּסִיס לְדָבָר הָאָסוּר:
כסף משנה
17.
When a person forgets a stone on the opening of a jug, he may tilt the jug to the side [so that the stone] falls.53Shabbat 142b emphasizes that we are required to tilt the jug only when it is moved for the sake of its wine. If one moves it to use the place where it is located, there is no need to dislodge the stones. This ruling is quoted in the Shulchan Aruch (Orach Chayim 309:5). If the jug with the stone upon it is standing among other jugs,54Were he to tilt the jug there, the falling stone might break other jugs. it should be lifted to another place, and then tilted to the side [so that the stone] falls. Similarly, if one forgets money on a pillow that one needs, one may shake the pillow [so that the money] falls.55Shulchan Aruch HaRav 309:6 and the Mishnah Berurah 309:14 emphasize that if one's intent is only that the money should not be stolen, it is forbidden to shake it from the pillow. If one needs [to use] the place where the pillow [is located], one may remove the pillow [although] the money is upon it.When, by contrast, one56The Ramah (Orach Chayim 309:4) states that the following restrictions apply only when one places a forbidden article on an article of one's own, and not when one places a forbidden article on an article belonging to a colleague. For a person cannot cause an article belonging to a colleague to become forbidden. [intentionally] places money on a pillow57Note the Magen Avraham 309:6, which states that the word "intentionally" must be interpreted to mean "for a useful purpose." If, however, a person put down an article on another object intentionally, but with no particular purpose in mind, it is considered as if he forgot it there. on Friday or places a stone on the opening of a jug, it is forbidden to carry them.58Since the article is forbidden beyn hash'mashot, the time of the commencement of the Sabbath, it remains forbidden for the entire Sabbath.
The Shulchan Aruch (Orach Chayim 309:4) also mentions the opinion of Tosafot, who maintain that a base for a forbidden object is created only when one's intent was that the forbidden object remain on the base for the entire Sabbath. If one intended to shake it off the base, or have it transferred by a gentile over the course of the Sabbath, it is not considered a base.
Although the Rambam's opinion is accepted by the later authorities, the more lenient view may be followed if there is a possibility that a loss will be caused - e.g., a lamp falls on a table (Shulchan Aruch HaRav 309:7). [This applies even when later] the stone or the money is removed, for [the pillow or the jug] has become the base for a forbidden article.
הלכה יח
הָאֶבֶן שֶׁבַּקֵּרוּיָה אִם מְמַלְּאִין בָּהּ וְאֵינָהּ נוֹפֶלֶת הֲרֵי הִיא כְּמִקְצַת הַקֵּרוּיָה וּמֻתָּר לְמַלְּאוֹת בָּהּ וְאִם לָאו אֵין מְמַלְּאִין בָּהּ. בֶּגֶד שֶׁעַל הַקָּנֶה שׁוֹמְטוֹ מֵעַל הַקָּנֶה:
כסף משנה
18.
[The following rule applies to] a stone that is placed in an earthenware59Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 17:6) and Hilchot Keilim 20:1. Rashi and others render the Hebrew קרויה as a "gourd." bucket [as a weight]:60I.e., since the bucket is made of earthenware, it is not necessarily heavy enough to sink. Therefore, the stone is used as a weight. If it does not fall out when one draws water [with the bucket], it is considered part of the bucket and one is permitted to draw water with it. If not, one may not draw water with it.61In such an instance, the bucket itself becomes forbidden, because it serves as a base for a forbidden object (Mishnah Berurah 309:8). A garment that is [hanging] on a reed62This refers to a reed that was not altered to serve as a hanger. It is not considered a utensil and is therefore deemed muktzeh. may be slipped off the reed.63The intent is that one must hold the garment that is not muktzeh, and not the reed that is (Shulchan Aruch, Orach Chayim 308:16). The Mishnah Berurah 308:64 mentions that one must remove the garment without moving the reed. It is questionable, however, whether the Rambam would agree to that stringency, for this appears to resemble the other instances of טלטול מן הצד, "carrying in an indirect manner," described above.הלכה יט
פֵּרוֹת שֶׁאָסוּר לֶאֱכל כְּגוֹן פֵּרוֹת שֶׁאֵינָם מְעֵשָּׂרִין אֲפִלּוּ הֵן חַיָּבִין בְּמַעֲשֵׂר מִדִּבְרֵיהֶם אוֹ מַעֲשֵׂר רִאשׁוֹן שֶׁלֹּא נִטְּלָה תְּרוּמָתוֹ אוֹ תְּרוּמָה טְמֵאָה אוֹ מַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ כְּהִלְכָתָן אָסוּר לְטַלְטְלָן. אֲבָל הַדְּמַאי הוֹאִיל וְרָאוּי לָעֲנִיִּים וְכֵן מַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁפְּדָאָן אַף עַל פִּי שֶׁלֹּא נָתַן הַחֹמֶשׁ מֻתָּר לְטַלְטְלָן:
כסף משנה
19.
It is forbidden to carry produce that is forbidden to eat - e.g., produce that has not been tithed, even if the obligation to tithe is only Rabbinic,64I.e., produce other than grain, wine, or olive oil. produce separated as the first tithe, from which terumat [ma'aser] has not been separated,65After the tithes have been given to the Levites, they are required to separate a tenth of the produce that they have been given. This produce is given to the priests and is governed by same laws as terumah. (See Numbers 18:25-32.)terumah that has contracted ritual impurity,66Once terumah has contracted ritual impurity, the priests are forbidden to partake of it and it must be burnt. produce separated as the second tithe67The produce separated as the second tithe must be eaten in Jerusalem. When a person lives far from Jerusalem, produce that has been separated as the second tithe can be redeemed by exchanging it for money (Deuteronomy 14:24-27). or produce that has been consecrated68With the exception of the first fruits (bikkurim), produce is not offered in the Temple. If a person consecrates produce, his intent is that it be sold, and the proceeds given to the Temple. and has not been redeemed.It is, by contrast, permitted to carry d'mai,69Produce purchased from an individual on whom we cannot depend to have separated tithes. for it is fit to be eaten by the poor, and produce separated as the second tithe or produce that has been consecrated and has been redeemed, but for which an additional fifth of its value has not been given.70When one redeems the second tithe or consecrated property, it is necessary to add a fifth of its value to the sum. (One pays 125%.) Nevertheless, as long as one has given the value of the produce, it is considered to have been redeemed, and the additional fifth is considered a debt. Note a parallel in Hilchot Eruvin 1:15.
It must, however, be noted that in Hilchot Ma'aser Sheni 5:12, the Rambam writes that the sacred dimension of the second tithe is considered to have departed from the produce after it has been redeemed, even though one has not paid the additional fifth. Nevertheless, one should not partake of this produce, even on the Sabbath, unless one pays that fifth.
In contrast, in Hilchot Arachin 7:3, the Rambam writes that one is permitted to partake of consecrated produce after it has been redeemed, despite the fact that one has not paid the additional fifth.
הלכה כ
מְטַלְטֵל יִשְׂרָאֵל הַתְּרוּמָה אַף עַל פִּי שֶׁאֵינָהּ רְאוּיָה לוֹ. וּמְטַלְטְלִין תְּרוּמָה טְמֵאָה עִם הַטְּהוֹרָה אוֹ עִם הַחֻלִּין אִם הָיוּ שְׁנֵיהֶם בִּכְלִי אֶחָד. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁהָיְתָה הַטְּהוֹרָה לְמַטָּה וְהָיוּ פֵּרוֹת הַמִּתְטַנְּפִין בַּקַּרְקַע שֶׁאִם יְנַעֵר אוֹתָן יִפָּסְדוּ. אֲבָל אִם הָיוּ אֱגוֹזִים וּשְׁקֵדִים וְכַיּוֹצֵא בָּהֶן נוֹעֵר הַכְּלִי וְנוֹטֵל הַטְּהוֹרָה אוֹ הַחֻלִּין וּמַנִּיחַ הַטֻּמְאָה. וְאִם הָיָה צָרִיךְ לִמְקוֹם הַכְּלִי בֵּין שֶׁהַטְּהוֹרָה לְמַעְלָה בֵּין שֶׁהָיְתָה לְמַטָּה מְטַלְטֵל הַכּל כְּאֶחָד:
כסף משנה
20.
An Israelite is allowed to carry terumah, even though it is not appropriate for him. One may carry terumah that has contracted ritual impurity together with terumah that is pure, or together with ordinary produce, if both of them are contained in a single receptacle.71The presence of an article that is forbidden to be carried does not cause the entire container to become forbidden.When does the above apply? When the pure terumah is below [the impure],72Our translation follows the standard published text of the Mishneh Torah. The Kessef Mishneh mentions that the version of this halachah in the texts of the Mishneh Torah commonly available in his time read: "When does the above apply? When the impure [terumah] was below...." He, however, prefers the version found in our standard texts, because it parallels the text of Shabbat 141b. Significantly, Rav Kapach notes that both versions appear in ancient manuscripts.
The Maggid Mishneh explains that if the pure terumah is above, one should remove the pure terumah by hand, and then leave the remainder. and the [terumah consists of] produce that would be soiled by the ground. Thus, if the container were overturned, it would be spoiled. If, by contrast, the produce is nuts, almonds, or the like, one must overturn the container, take the terumah and the ordinary produce, and leave the impure [terumah].
If one requires the place where the container is located, one may take all the produce at once, regardless of whether the pure [terumah] is located at the top or at the bottom.
הלכה כא
נִדְבָּךְ שֶׁל אֲבָנִים שֶׁחָשַׁב עָלָיו מִבְּעוֹד יוֹם אִם לִמְדּוּם מֻתָּר לֵישֵׁב עֲלֵיהֶן לְמָחָר וְאִם לָאו אָסוּר. חֲרָיוֹת שֶׁל דֶּקֶל שֶׁגְּדָרָן לְעֵצִים וְנִמְלַךְ עֲלֵיהֶן מֵעֶרֶב שַׁבָּת לִישִׁיבָה מֻתָּר לְטַלְטְלָן. וְכֵן אִם יָשַׁב עֲלֵיהֶן מִבְּעוֹד יוֹם מֻתָּר לְטַלְטְלָן:
כסף משנה
21.
[The following rules apply when] a person has in mind [to sit on] a row of stones73That were not cemented in place. Hence, there is a possibility that one will move them when one sits down.The Magen Avraham 308:41 emphasizes that if one will not move the stones when sitting, there is no prohibition. Moreover, the Magen Avraham emphasizes that the prohibition against muktzeh pertains only to carrying objects with one's hands, and not to moving it with one's body. (See the following halachah.) Therefore, the intent in both clauses of this halachah is to carry the stones or the branches in order to sit on them. before the commencement of the Sabbath: If he prepares them,74I.e., performed a deed preparing them. he is permitted to sit on them on the morrow; if not, that is forbidden.75Although the Ramah (Orach Chayim 308:21) desires to equate the row of stones with the date branches, the Magen Avraham (loc. cit.) justifies the Rambam's ruling.
When a person gathers the branches of a date palm [to use as kindling] wood, but changes his mind on Friday and decides to use them to sit on [in place of mats], he is allowed to carry them.76In contrast to the previous law, thought is sufficient to change the status of the date branches. This leniency is granted because date branches are often used to sit on. It was the person's thought to use the branches for kindling that caused them to be forbidden. Hence, his thought itself is sufficient to remove that prohibition.
By contrast, a row of stones is generally used for construction and not as a seat. Therefore, one must perform a deed that indicates one's desire to use the row to sit upon. Consequently, in the present era, when it is no longer customary to sit on date branches, in this instance as well one must perform a deed to indicate one's intent (Magen Avraham 306:40). Similarly, if he actually sat upon them77The person did not intend to use them as a mat in the future when he sat upon them. Nevertheless, since date branches are commonly used for that purpose, that is sufficient to cause them to be considered as a useful object (Shulchan Aruch HaRav 308:51). before the commencement of the Sabbath, it is permitted to carry them.
הלכה כב
הַקַּשׁ שֶׁעַל הַמִּטָּה לֹא יְנַעְנְעֶנּוּ בְּיָדוֹ אֲבָל מְנַעְנְעוֹ בְּגוּפוֹ. וְאִם הוּא מַאֲכַל בְּהֵמָה מֻתָּר לְטַלְטְלוֹ. וְכֵן אִם הָיָה עָלָיו כַּר אוֹ סָדִין וְכַיּוֹצֵא בָּהֶן מְנַעְנְעוֹ בְּיָדוֹ שֶׁהֲרֵי נַעֲשָׂה כְּמִי שֶׁיָּשַׁב עָלָיו מִבְּעוֹד יוֹם. הַמַּכְנִיס קֻפָּה שֶׁל עָפָר בְּבֵיתוֹ אִם יִחֵד לָהּ קֶרֶן זָוִית מֵעֶרֶב שַׁבָּת מְטַלְטְלוֹ בְּשַׁבָּת וְעוֹשֶׂה בּוֹ כָּל צְרָכָיו:
כסף משנה
22.
One may not move straw that is on a bed with one's hands;78In the Talmudic era, straw was generally used for the purpose of kindling. Therefore, it is classified as muktzeh. The Magen Avraham 308:53 notes that in his era, straw was used most commonly for animal fodder. Therefore it should not be classified as muktzeh.one may, however, move it with one's body.79For the prohibition against moving muktzeh applies only when one moves it with one's hands. [Moreover,] if it is [useful as] animal fodder, one is permitted to carry it [by hand]. Similarly, if a pillow or a sheet is placed upon it, it is considered as if one had sat on it before the commencement of the Sabbath,80I.e., placing the pillow or sheet on it is a clear indication that one intends to use it as a mattress. Note Shulchan Aruch HaRav 311:15 and the Mishneh Berurah 311:31, which state that if one puts straw on a bed with the intention of sleeping on it, one may spread it out by hand. and one may move it by hand.[The following rules apply when] a person has brought a container [filled]81The bracketed addition is made on the basis of the Shulchan Aruch (Orach Chayim 308:35), which states that unless the person sets aside a corner of the house for the earth, it is considered part of the floor of the house. This implies that the person emptied out the container, for otherwise the earth would remain a distinct entity. with earth into his home: If he sets aside a corner for it on Friday,82This act indicates that the person plans to use the earth on the Sabbath. Therefore it is considered a designated article (מוכן). (See Hilchot Sh'vitat Yom Tov 2:18.) he may carry it on the Sabbath, and use it for all his needs.83In the ages prior to household plumbing, earth was necessary to cover urine, feces, and other wastes.
הלכה כג
אָסוּר לְבַטֵּל כְּלִי מֵהֵיכָנוֹ מִפְּנֵי שֶׁהוּא כְּסוֹתֵר. כֵּיצַד. לֹא יִתֵּן כְּלִי תַּחַת הַנֵּר בְּשַׁבָּת לְקַבֵּל אֶת הַשֶּׁמֶן הַנּוֹטֵף. שֶׁהַשֶּׁמֶן שֶׁבַּנֵּר אָסוּר לְטַלְטְלוֹ וּכְשֶׁיִּפּוֹל לַכְּלִי יֵאָסֵר טִלְטוּל הַכְּלִי שֶׁהָיָה מֻתָּר. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. לְפִיכָךְ אֵין נוֹתְנִין כְּלִי תַּחַת הַתַּרְנְגלֶת לְקַבֵּל בֵּיצָתָהּ. אֲבָל כּוֹפֶה הוּא הַכְּלִי עָלֶיהָ. וְכֵן כּוֹפֶה הַכְּלִי עַל כָּל דָּבָר שֶׁאָסוּר לְטַלְטְלוֹ שֶׁהֲרֵי לֹא בִּטְּלוֹ שֶׁאִם יַחְפֹּץ יִטְּלֶנּוּ:
כסף משנה
23.
It is forbidden to negate the possibility of using a utensil, since this is comparable to destroying [it]. What is implied? A person should not place a receptacle below a lamp on the Sabbath to receive any oil that drips. For the oil in the lamp is forbidden to be carried, and when it falls into the receptacle it will cause the receptacle that had been permitted to become forbidden.84This law has already been explained in Chapter 5, Halachah 13. Were one to place the receptacle there before the commencement of the Sabbath, it would be permitted. The same applies in all analogous situations.For this reason, a receptacle may not be placed below a chicken to receive the eggs it lays.85According to most authorities, nolad, an article that first comes into existence on the Sabbath, is not forbidden. Nevertheless, an egg laid on the Sabbath is forbidden to be moved. This is a decree enacted as a safeguard, lest one move an egg laid on a festival, as explained in the Rambam's Commentary on the Mishnah (Beitzah 1:1). One may, however, cover [the eggs] with an [overturned] utensil.86One must, however, be careful not to move the forbidden article when covering it (Shulchan Aruch, Orach Chayim 310:6; note the gloss of the Ra'avad to this halachah). Similarly, one may use an overturned utensil to cover any article that is forbidden to be carried, for by doing so one has not negated its use.87Although there is an opinion in Shabbat 43a that states that one may carry an article only for the sake of an object that may itself be carried, this opinion is not accepted as halachah (Maggid Mishneh). (Note, however, the gloss of the Kessef Mishneh on Chapter 26, Halachah 22.) Should one desire to take [the overturned article], one may.
הלכה כד
נוֹתְנִין כְּלִי תַּחַת הַדֶּלֶף וְאִם נִתְמַלֵּא הַכְּלִי שׁוֹפֵךְ וְשׁוֹנֶה וְאֵינוֹ נִמְנָע. וְהוּא שֶׁיִּהְיֶה הַדֶּלֶף רָאוּי לִרְחִיצָה אֲבָל אִם אֵינוֹ רָאוּי אֵין נוֹתְנִין וְאִם נָתַן מֻתָּר לְטַלְטְלוֹ בַּמַּיִם הַמְּאוּסִין שֶׁבּוֹ. שֶׁאֵין עוֹשִׂין גְּרָף שֶׁל רְעִי לְכַתְּחִלָּה:
כסף משנה
24.
One may place a receptacle under dripping water88I.e., water dripping from a leaking roof or the like. to collect it.89There is no prohibition against carrying rainwater. Thus, in placing the receptacle there one does not nullify the possibility of using the receptacle later (Mishnah Berurah 338:30). If the receptacle becomes full, one may pour out the water and return [the receptacle to its place] without hesitation.90This pattern may be repeated any number of times.[The above applies] only when the dripping water is fit to use for bathing.91Water with which one bathes need not be as clean as water that one drinks. Nevertheless, one will not bathe with water that is soiled. Although the Tur (Orach Chayim 338) differs with the Rambam and does not require the water to be clear, the Rambam's view is accepted by the Shulchan Aruch (Orach Chayim 338:8) and the later authorities. If the water is not fit [for washing], one should not place a receptacle there.92The reason for the prohibition against placing a receptacle to collect the water is that one is invalidating the utensil for future use. The commentaries question this decision, noting that ultimately, when the receptacle becomes full, one is permitted to move it because it is repulsive. They explain that this restriction was instituted because, at the outset, it is forbidden to cause an article to become repulsive (Shulchan Aruch HaRav 339:9, Be'ur Halachah 339). [Nevertheless, after the fact,] should one have placed a receptacle there, one may carry it together with the repulsive water it contains.93These leniencies are granted only within a person's permanent dwelling, as reflected in the Shulchan Aruch, Orach Chayim 308:34. [The reason for the restriction against placing the receptacle there is] that we do not create a repulsive situation94Literally, "a chamber pot." at the outset.95Leniency is granted if there is a possibility of loss involved (Shulchan Aruch, loc. cit. 308:37).
הלכה כה
חָבִית שֶׁל טֶבֶל שֶׁנִּשְׁבְּרָה מֵבִיא כְּלִי וּמַנִּיחַ תַּחְתֶּיהָ הוֹאִיל וְאִם עָבַר וְתִקְּנוֹ מְתֻקָּן הֲרֵי הוּא כִּמְתֻקָּן. וְנוֹתְנִין כְּלִי תַּחַת הַנֵּר לְקַבֵּל נִיצוֹצוֹת מִפְּנֵי שֶׁאֵין בָּהֶן מַמָּשׁ וּמֻתָּר לְטַלְטֵל הַכְּלִי. קוֹרָה שֶׁנִּשְׁבְּרָה אֵין סוֹמְכִין אוֹתָהּ בְּסַפְסָל אוֹ בַּאֲרוּכּוֹת הַמִּטָּה אֶלָּא אִם כֵּן הָיוּ רְוָחִים וְכָל זְמַן שֶׁיַּחְפֹּץ יִטְלֵם כְּדֵי שֶׁלֹּא יְבַטֵּל כְּלִי מֵהֵיכָנוֹ. פּוֹרְסִין מַחְצֶלֶת עַל גַּבֵּי אֲבָנִים בְּשַׁבָּת אוֹ עַל גַּבֵּי כַּוֶּרֶת דְּבוֹרִים בַּחַמָּה מִפְּנֵי הַחַמָּה וּבַגְּשָׁמִים מִפְּנֵי הַגְּשָׁמִים וּבִלְבַד שֶׁלֹּא יִתְכַּוֵּן לָצוּד שֶׁהֲרֵי נוֹטְלָהּ בְּכָל עֵת שֶׁיִּרְצֶה. וְכוֹפִין אֶת הַסַּל בְּשַׁבָּת לִפְנֵי הָאֶפְרוֹחִים בִּשְׁבִיל שֶׁיַּעֲלוּ עָלָיו וְיֵרְדוּ שֶׁהֲרֵי מֻתָּר לְטַלְטְלוֹ כְּשֶׁיֵּרְדוּ מֵעָלָיו. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
25.
Should a barrel containing [wine or oil] that is tevel,96Produce from Eretz Yisrael from which the agricultural requirements (terumah and the tithes) have not been separated. Until these requirements are separated, the produce is not fit to eat and it is considered as muktzeh as explained in Halachah 19. be broken [on the Sabbath], one may bring a receptacle and place it under [the barrel]. [By doing so, one is not considered to have nullified the possibility of using the receptacle,] since were one to transgress and separate [the terumah and tithes as required], the produce would be permitted for use.97See Chapter 23, Halachah 15..A receptacle may be placed below a candle to collect the sparks that fall, for [the sparks] have no substance. In such an instance, it is permissible to move the receptacle.98See Chapter 5, Halachah 13.
When a beam breaks, we should not support it with a bench or a bed post99The Shulchan Aruch (Orach Chayim 313:7) emphasizes that one may use these utensils only to prevent the beam from falling further. It is forbidden to raise the beam to its original position, because that would be considered as if one were building. unless there is ample space [between the beams] and one can remove [the bench or the bed post] whenever one desires,100Unless there is ample space, we fear that the pressure will be so great that it will be impossible to remove them later. Therefore, one will have nullified all future possibilities of using them (Shabbat 43a). so that one will not nullify a utensil from the possibility of being used.
One may spread a mat over stones or over a beehive on the Sabbath in the summer, [as protection] from the sun, and in the rainy season, [as protection] from the rain, provided that one has no intention of snaring [the bees].101Based on Chapter 1, Halachah 6, one must add that the person must place down the mat in a manner that will not inevitably cause the bees to be snared (פסיק רישא). Were that to be the case, the person who places down the mat would be liable for snaring. [By doing so, one is not considered to have nullified the possibility of using the receptacle] because one may remove [the mat] whenever one desires.
On the Sabbath one may overturn a basket onto which chicks102Which are muktzeh like all animals and fowl. may climb and descend, since103Although one is forbidden to carry the basket while the chicks are in it, one is not considered to have invalidated the possibility of using the receptacle, because one may move it after the chicks descend. one is permitted to carry [the basket] after they descend.104If, however, the chicks are in the basket throughout beyn hash'mashot on Friday, the basket becomes muktzeh (Mishnah Berurah 308:148). Similar rules apply in all analogous situations.
הלכה כו
בְּהֵמָה שֶׁנָּפְלָה לְבוֹר אוֹ לְאַמַּת הַמַּיִם אִם יָכוֹל לִתֵּן לָהּ פַּרְנָסָה בִּמְקוֹמָהּ מְפַרְנְסִין אוֹתָהּ עַד מוֹצָאֵי שַׁבָּת וְאִם לָאו מֵבִיא כָּרִים וּכְסָתוֹת וּמַנִּיחַ תַּחְתֶּיהָ וְאִם עָלְתָה עָלְתָה. וְאַף עַל פִּי שֶׁמְּבַטֵּל כְּלִי מֵהֵיכָנוֹ שֶׁהֲרֵי מַשְׁלִיכוֹ לַבּוֹר לְתוֹךְ הַמַּיִם מִפְּנֵי צַעַר בַּעֲלֵי חַיִּים לֹא גָּזְרוּ. וְאָסוּר לְהַעֲלוֹתָהּ בְּיָדוֹ. וְכֵן אֵין עוֹקְרִין בְּהֵמָה וְחַיָּה וְעוֹף בְּחָצֵר אֲבָל דּוֹחִין אוֹתָן עַד שֶׁיִּכָּנְסוּ. וּמְדַדִּין עֲגָלִים וּסְיָחִים. תַּרְנְגלֶת שֶׁבָּרְחָה אֵין מְדַדִּין אוֹתָן מִפְּנֵי שֶׁהִיא נִשְׁמֶטֶת מִן הַיָּד וְנִמְצְאוּ אֲגַפֶּיהָ נִתְלָשִׁין אֲבָל דּוֹחִין אוֹתָהּ עַד שֶׁתִּכָּנֵס:
כסף משנה
26.
[The following rules apply when] an animal falls into a cistern or into a water conduit [from which it cannot ascend on its own]: If one can supply it with its needs while it is there, one should do so until Saturday night. If not, one may bring cushions and blankets and place them beneath it. If this [enables the animal] to ascend, there is no difficulty. Although one is nullifying the possibility of using a utensil - for one is throwing it into a cistern [filled with] water105Rashi and the Rashba (Shabbat 128b) explain the problem differently from the Rambam: that while the animal is standing on the cushions, it is impossible to move them. This interpretation is difficult, because one may move them after the animal departs,. According to the Rambam's interpretation, by contrast, there is no difficulty, because once the cushions are wet, they cannot be used. The Rambam's interpretation is quoted by the Shulchan Aruch (Orach Chayim 305:19). - [our Sages did] not institute a decree [in this instance], because of the suffering [the] animal endures.[Regardless of the circumstances,] it is forbidden to lift the animal up by hand.106Although the prohibition against carrying an animal by hand is also Rabbinic in origin, it is more severe. Therefore, our Sages did not nullify it despite the suffering caused to the animal.
There are authorities who are more lenient and maintain that even the latter prohibition is waived because of the animal's suffering. The later authorities rule that one may rely on this decision in a situation where a great loss will be incurred. Moreover, they add that all agree that one may instruct a gentile to lift the animal from the cistern. This is preferable to placing the cushions and blankets there (Shulchan Aruch HaRav 305:26; Mishnah Berurah 305:70). Similarly, one may not lift up an animal, beast, or fowl in a courtyard.107Needless to say, this is forbidden in the public domain, because it is forbidden to carry an animal there (Shabbat, loc. cit). One may, however, push them until they enter.
One may support108I.e., hold them by the necks or shoulders and direct them (Shulchan Aruch, loc. cit. 308:40). calves and ponies as they walk. One may not, however, hold a chicken that fled [as one directs] it [to return to its coop]. [This prohibition was instituted] because [the chicken tries] to free itself from [the person's] hand, and [in the process, causes] its wings to be torn off.109This is the Rambam's interpretation of Shabbat (loc. cit.). Rashi and the Ra'avad offer a different rationale for the prohibition against lifting a chicken: that the chicken will lift up its legs from the ground, causing one to carry it. This interpretation is quoted by the Shulchan Aruch (loc. cit.). One may, however, push it until it enters [its coop].