14. Moving a non-Basis item that has a Muktzah item on it

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14. Moving a non-Basis item that has a Muktzah item on it:

Introduction: In all cases that a base for a Muktzah object does not have the status of a Basis, and is thus not Muktzah, it may nevertheless only be moved in the following scenarios if the Muktzah object is still on it.

 

A. For the sake of the Muktzah object:

This is the general rule regarding moving [Muktzah] through [moving also] another object [that is permitted]:

Moving the forbidden item in ones hands:[1] Every two items which one is forbidden to move and one is permitted to move which are close to each other or one is inside the other or one is on top of the other, and it is a situation that the permitted item has not become a base for the forbidden item, in the ways explained, then if at the time that one moves one of the items he consequently moves with it also the second item, then if one moves the forbidden item in ones hands and the permitted item moves with it, the [Sages] did not permit this to be done in any circumstance with exception to a corpse [and an MMI vessel in a case of loss, as explained in 308/22].

Moving the permitted item in ones hands for the sake of the forbidden item:[2] [Furthermore] even if one moves the permitted item in ones hand, and the forbidden item is being moved with it, if he intends in moving [the permitted item] for the sake of the forbidden item, then never mention if he is moving it for the benefit of the forbidden item itself [such as] to guard it from some type of damage and loss or to hide it or the like, but even if he is moving it because he needs to use the forbidden item for a use permitted [on Shabbos], such as for example [he wants to move the forbidden item] so he can sit or lie on it which [in it of itself] is allowed as explained in Halacha 3, or for example [he wants to move] a candle to use its light in another area, and all cases of the like of these, then [nevertheless] since he is moving [the permitted item] for the sake of the prohibited item, it is forbidden. [See footnote for other rulings[3]].

Shaking the permitted item for the sake of the forbidden item:[4] If one does not need [to move the pillow] to use the actual pillow or its space and [rather just wants to move it because] he is worried that the money that is on it may get stolen, then it is forbidden to even shake [the pillow with his hands[5]] in order that the money fall under it [and thus be safe and out of sight]. The reason for this is because [the Sages] did not permit to move [a Muktzah item] through [moving] another [non-Muktzah] item unless one is moving it for need of the permissible item and not for the need of the forbidden item, as written above.

 

B. For the sake of the Non-Muktzah item or to use its space:

Moving the permitted item in ones hands for the sake of a permitted purpose[6]: However if one does not need at all [to move] the forbidden item itself, and he only wants to move it through moving the permitted item for a permitted purpose, such as for example to free up the space [under the objects], then this is the case of “moving from the side” [indirect moving] that the Sages permitted as explained regarding a stone that is on the opening of a barrel and coins which are on a pillow. It goes without saying that if one does not at all intend to move the forbidden item, [being that] he has no need for it at all, [and] only [needs and intends] to move the permitted item alone, and it just happens to be that it is not possible for him to move the permitted item without moving the forbidden item through doing so.

Shaking off the object before moving the base:[7] If [the non-Muktzah object] was a base for [both] a prohibited and permitted item, ….. it still remains in its permitted status, and is [thus] permitted to be moved even though that the prohibited item that is on it is also consequently being moved with it. However, if it is possible to shake off the prohibited item immediately [upon moving the base], then one needs to first shake it off and [may] then move the permitted [base] alone to the area that it is needed in.

The reason for why one must first shake it off if possible:[8] Now, even though it is a permissible item which he is moving and carrying in his hands to the different area, while the forbidden item is [only] being moved consequently of this, nevertheless [it is forbidden to be done as] the [Sages] did not permit one to actually move [a] Muktzah [item] through [moving] another [non-Muktzah] item if one is able to shake it off [the non-Muktzah item] immediately, as shaking it off is not considered actually moving it through [moving] another item, [which is a forbidden form of moving], as it is considered an irregularity [which is permitted to move Muktzah by doing so].

If one cannot shake it off:[9] However if it is not possible to shake it off or if there will be any loss to a permitted [item] if the prohibited item were to be shaken off,  or if by shaking it off one will not be able to fulfill the need for which he wants to move [the base for]; such as for example [one wants] to move the permitted [base], together with the forbidden object that is on it, into another area, being that he needs to clear up this space that the base and forbidden object are now in, in order to use [that space] for some [other] purpose, as well as [any other case like the above] that one needs to move the base for a different use, in a way that if one shakes off the forbidden item then he will not be able to fulfill what he needs to do in that place, then it is permitted to move the permissible [base] together with the prohibited item that is on it.

If shaking off the Muktzah will cause the Muktzah damage:[10] 309/4-Implies may nevertheless still not move without shaking: “However if it is not possible to shake it off or if there will be any loss to a permitted[11] [item] if the prohibited item were to be shaken off…., then it is permitted to move the permissible [base] together with the prohibited item that is on it.”

308/5 Implies may move without shaking: “There is only a prohibition to remove a [Shechita-MMC”K] knife from a knife casing or to move the casing with this knife in it after one already took out from it all the other knives. However, while the other knives are still in it [having been there from before Shabbos and being of more importance then the Muktzah knife[12]] one is permitted to move the casing even though this [Muktzah] knife is also in it. [However, this is only allowed if] it is impossible to shake out this knife from the casing or [it is possible but] there is suspicion that it will damage the knife if it is shaken out [and falls].”

277/6 Implies may move without shaking: If one needs to move a non-Basis table which has a candle on it to another area, then if it is possible to shake the candle off of it, (such as that one no longer needs the candle) then one is to first shake it off through tilting the table consequently having the candle fall off, and then afterwards move it to an area of his liking. If it is not possible to shake it off (such as he needs to further use the candle in the other area, or that there is worry of loss due to breaking the candle in the process of shaking it off the table) then one may move the table with the candle still on it being that the table did not become a Basis for it alone by Bein Hashmashos.

If by shaking off the Muktzah item one will also end up shaking off the non-Muktzah item, must one still do so?[13] If it is not possible to shake off only the forbidden item without also knocking off the permitted item, then one must shake also the permitted item off with it, if there is no monetary loss in shaking it off, and then afterwards one may take the permitted item alone [without the Muktzah item] and return it to the vessel if one wants.

However, if the situation is that if one were to shake off also the permitted item, then one would not be able to afterwards move the permitted item alone [without also moving the Muktzah item], such as for example an ashtray which has ash on it from before Shabbos, which is allowed to be moved being that it is fit to use to cover saliva or excrement, and it also has on it broken pieces of wood or coals which are forbidden to be moved, and he needs to move the ash to a different area to use it to cover with, and [thus] if he will shake it off with the broken pieces and the coals, he will not be able afterwards to move or carry the ash alone in his hands [without also moving the Muktzah wood and coals], as is the case if the broken pieces [of wood] are small or if the coals are small, to the point that it is not possible to [afterwards] take the ash without [also taking] them, then one is allowed to move the ashtray the way it is together with the ash and the broken pieces and the coals, to the place that one wishes [to bring it]. However, the above is only referring to when one needs [to use] the ash, however if one only needs to use the ashtray itself, then one may not move it the way it is, but rather must shake off the ash and the broken pieces and coals in the place that [the ashtray] is now in, being that there is no loss in shaking them out, and [afterwards] may one take the ashtray alone.

C. For the sake of both the Non-Mukztah and the Muktzah:

In 277/6 the Alter Rebbe writes “If one needs to move the actual table to another area, then if it is possible to shake the candle off of it, (such as that one no longer needs the candle) then one is to first shake it off through tilting the table consequently having the candle fall off, and then afterwards move it to an area of his liking. If it is not possible to shake it off (such as he needs to further use the candle in the other area, or that there is worry of loss due to breaking the candle in the process of shaking it off the table) then one may move the table with the candle still on it being that the table did not become a Basis for it alone by Bein Hashmashos.” This implies that one may move the non-Muktzah item with the candle on it even if he needs to use the Muktzah item in a different area. Possibly one can explain that in the latter case it is stating, that the person is mainly moving it for the purpose of the non-Muktzah [the table] and the use of the Muktzah is only a secondary use and is thus allowed. However, Tzaruch Iyun as here [See B] the Alter Rebbe writes “if one does not need at all [to move] the forbidden item itself” [See Tehila Ledavid 277/5 and Shaar Hatziyon 309/17 that explains when the main movement is for the Heter than one may move also the Muktzah if one needs it.]

 

Summary

Moving a non-Muktzah item which has a Muktzah item on it but is not a Basis:

For the sake of the Muktzah item: One is never allowed to move the non-Muktzah item with the Muktzah item on it for use of the Muktzah item itself such as in order that the Muktzah item be somewhere else[14] or in order to save the Muktzah object from damage.[15] Even to shake off the Muktzah item is forbidden.[16]

For the sake of the non-Muktzah item: Even if a Muktzah object was left on a non-Muktzah item in a way that it does not become a basis and one desires to move the non-Muktzah item for its own sake, nevertheless if possible one must first shake the Muktzah item off the non-Muktzah item (without directly moving the Muktzah item) before moving the non-Muktzah item.[17] This is because one must do all that he can to accomplish what he needs without moving the Muktzah item, and thus in all cases that one is able to accomplish what he needs without moving the Muktzah then he must do so.[18] If however one is unable shake off the Muktzah object then the non-Muktzah item may be moved together with the Muktzah item, so long as one is not doing so for the sake of the Muktzah item as explained above.

Thus, in the following cases one may move the non-Muktzah item together with the Muktzah item which is on it:

1. One is afraid if he shakes off the Muktzah it will cause damage to a non-Muktzah item[19], such as that there is also a permitted item on top of the non-Muktzah item and by shaking the items off, the non-Muktzah item will become damaged.[20] [However in other Halachas, Admur allows moving the non-Muktzah item together with the Muktzah if shaking the Muktzah item off will cause damage to even the Muktzah item itself.[21]] See Q&A,

2. If one needs to move the non-Muktzah[22] item away because he needs the space under it, and if he were to shake off the Muktzah item he will not be able to use the space[23], then he may move them away together. This applies to any other scenario that shaking off the Muktzah item will prevent him from doing what he wants to do.[24]

3. If it is physically not possible to shake off the Muktzah item, then they may be moved together.[25]

4. For the sake of both the Non-Muktzah and the Muktzah: Some learn that one may move the non-Muktzah item together with the Muktzah item if one’s main intent is for the sake of the non-Muktzah item, even if he also intends to benefit from the Muktzah item.

Moving a Muktzah item which has a non-Muktzah item on it:[26]

Is always forbidden even when done for the sake of the permitted item with exception to the scenario of a corpse.

 

Q&A

May one move the Heter without first shaking the Muktzah if he needs to use both the Heter and the Mukztah in the next room?[27]

Yes.

May a non-Basis with an MMI object be moved regularly?

This matter requires further analysis.

 

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[1] Admur 311:14; Admur 311:7: “The [Sages] only permitted moving [Muktzah] through [moving] a permitted item [together with it] with regards to a dead body. However, by other item which are forbidden to be moved [i.e. are Muktzah], it is forbidden to move them through [moving] a permitted item [together with it], even if one is not moving it for the purpose of the forbidden item, but rather for the purpose of the permitted item.

The reason for this is: because the [Sages] did not permit moving [Muktzah] through [moving] a permitted item for the purpose of a permitted item, unless one is moving the permitted thing in one’s hands and the forbidden item is [consequently] moving together with it. However, when one is moving the forbidden item in his hands and the permitted item is [consequently] moving together with it, they did not permit this with exception to the case of a dead body alone.”

[2] Admur 311:14; Michaber 311:8

[3] In 277:6 the Alter Rebbe writesIf one needs to move the actual table to another area, then if it is possible to shake the candle off of it, (such as that one no longer needs the candle) then one is to first shake it off through tilting the table consequently having the candle fall off, and then afterwards have move it to an area of his liking. If it is not possible to shake it off (such as he needs to further use the candle in the other area, or that there is worry of loss due to breaking the candle in the process of shaking it off the table) then one may move the table with the candle still on it being that the table did not become a Basis for it alone by Bein Hashmashos.” This implies that one may move the non-Muktzah item with the candle on it even if he needs to use the Muktzah item in a different area. Possibly one can explain that in the latter case it is stating, that the person is mainly moving it for the purpose of the non-Muktzah [the table] and the use of the Muktzah is only a secondary use and is thus allowed. However, Tzaruch Iyun as here [See B] the Alter Rebbe writes “if one does not need at all [to move] the forbidden item itself” [See Tehila Ledavid 277:5 and Shaar Hatziyon 309:17 that explains when the main movement is for the Heter than one may move also the Muktzah if one needs it.]

[4] Admur 309:6; M”A 309:5; M”B 309:14; SSH”K 20:47

Other opinions: Some Poskim question this prohibition stating that perhaps shaking is more lenient than actual movement.  [Shaar Hatizyon 309:17; Beis Meir]

[5] However, one is allowed to shake it off using his body, as by such an irregularity the Sages did not decree against even directly moving a Muktzah object as explained in chapter 308 Halacha 15. [M”B 309:14] Now even though in chapter 308 Halacha 61, shaking off a Muktzah item with ones hands is also referred to as an irregularity, nevertheless this is not as much of an irregularity as shaking it off with one’s body, and is thus not permitted when done for the purpose of the Muktzah.

[6] Admur 311:14; 308:61-62; Michaber 308:27; 309:3-4; 310:8; 311:8

[7] Admur 309:4; 310:17: [Furthermore] even if the permitted item is of more importance, [nevertheless] if one is able to shake off the forbidden item alone [without knocking off the permitted item], then one must first shake it off and only afterwards may he move the vessel together with the permitted item to the place that one wishes [to move it to]” 308:61; Michaber 308:27; 309:3-4; 310:8

[8] Admur 308:61

[9] Admur 309:4; brought also in 309:5-6; 310:17; 308:61; Michaber 308:27; 309:3-5; 310:8

[10] Admur rules in some places one way while in others another way. All the areas of ruling will be brought here.

Other Poskim who rule it is allowed: Bach 310, brought in M”A 310:11; See Shaar Hatziyon 309:17; M”B 277:18 in name of Peri Megadim; SSH”K 20:47

Poskim who rule it is forbidden:  Rav Akiva Eiger brought in Beis Meir 277:8

[11] An example of such a case will be explained in the end of this Halacha. However, in Chapter 308 Halacha 5 [brought next], the Alter Rebbe applies this same law even if there will be a loss in the Muktzah item. So too in chapter 277 Halacha 6 the Alter Rebbe adds in parentheses even if a loss will be caused to the Muktzah item. Vetzaruch Iyun

[12] As otherwise the casing has become a Basis as explained in chapter 310 Halacha 16, see summary there.

[13] Admur 310:17

[14] In 309:6; 311:14 Admur rules that it is forbidden to move it for such a purpose. However, in the end of 277:6 the Alter Rebbe says in a parenthesis that one may move a non-Muktzah basis with candles on it for the purpose of using the light somewhere else, thus implying one may move it even for the purpose of moving the Muktzah object. Possibly one can explain that in the latter case it is stating, that the person is mainly moving it for the purpose of the non-Muktzah and the use of the Muktzah is only a secondary use and is thus allowed. However, Tzaruch Iyun as here in Halacha 14 the Alter Rebbe writes that it is permitted only “if one does not need at all [to move] the forbidden item itself”

[15] Admur 311:14

[16] Admur 309:6 regarding the prohibition to even shake the money off one’s pillow to save it from damage.

[17] Admur 309:4; 308:61; 310:17

[18] So is learned from chapter 309:5 regarding the basket of fruit case brought in examples below, then when the fruits are in a small basket within a large basket then one must remove the small basket rather than move the entire basket together with the Muktzah.

[19] Admur 309:4

[20] Admur 309:5; 310:17. However if the Non-Muktzah item will not become damaged by shaking it off then one must shake both the Muktzah and non-Muktzah off the Basis prior to moving it. [310:17]

[21] Admur 277:6; 308:5

May one move a non-Muktzah basis together with the Muktzah object on it if there is a chance that shaking it off will cause damage to the Muktzah object? In the end of 277:6 the Alter Rebbe says in a parenthesis that if there will be a loss for the Muktzah object by shaking it off, he may move the non-Muktzah basis with the Muktzah object on it. However, in 309:4 it says, that only if the loss is caused to a non-Muktzah item by shaking off the Muktzah (such as a loss to the basis itself or another non-Muktzah item on the basis) one is allowed to move the non-Muktzah basis with the Muktzah object on it. In 309:5, an example is given of a basket of fruits with a stone in it, that if by shaking off the stone it will cause damage to the fruits, one may move the basket without shaking it off. One can say that this latter ruling is consistent with another rule mentioned that one may not move the non-Muktzah basis with the Muktzah object on it if he is doing so in order to prevent loss to the Muktzah. (309:6; 311:14) In the M”B it rules like the former ruling here that one need not shake it off if it will cause loss to the Muktzah item. In SSH”K (20:47) he rules likewise, although in the footnotes it brings the opinion of RA”E which rules it is forbidden to move without shaking it off first. וצ”ע

[22] See Chapter 310 Halacha 17

[23] Admur 309:4

[24] Admur 310:17 regarding an ashtray.

[25] Admur 309:4

[26] Admur 311: 7 and 14

[27] Admur 277:6 in parentheses; See Tehila Ledavid 277:5 and Shaar Hatziyon 309:17 that explains when the main movement is for the Heter than one may move also the Muktzah if one needs it.

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