What are the conditions to form a basis l'davar ha'assur?
In the previous
shiurim we dealt with muktze items left in a pocket before
Shabbos and whether the shirt or jacket became a 'base'. We now wish
to learn and discuss the conditions that transform a permitted item
into a 'base' and muktze.
General rules:
-
A muktze
item placed on top of a non-muktze item transforms the
latter into a basis l'davar ha'assur and the non-muktze
item adopts the muktze characteristics of the muktze
item, provided that all conditions are met.
This means that even if the muktze falls off the 'base,'
the 'base' remains muktze.
-
Even when the
permitted item is not transformed into a basis l'davar
ha'assur one may not remove the muktze with one's
hand.
-
Even when the
permitted item is not transformed into a basis l'davar
ha'assur one may not carry or handle the base with the
muktze and it must first be removed in a permitted manner.
We will learn be"H what to do when the muktze
cannot be removed.
Please explain and apply these rules?
1. A muktze
item imparts its characteristics to a permitted item placed beneath
it, even after the muktze is no longer on the permitted item.
One may not move muktze on Shabbos and as a result it 'nails
down' the permitted item that it is placed upon.
Money placed in a
drawer before Shabbos (and if all conditions are experienced, e.g.
the money is more valuable than the permitted items in the drawer)
renders the drawer muktze and it may not be opened, because
one knows that money is muktze and one 'removes one's mind'
from handling or moving the drawer as well.
2. The muktze retains its status even when it does not
transform the permitted item. A stone placed on papers as a
paperweight remains muktze even though the paper is not
transformed into a basis l'davar ha'assur. (The stone will
lose its muktze status when permanently set aside as a
paperweight).
Money in a pocket
remains muktze even when the pocket does not become a
basis l'davar ha'assur.
3. One may not
carry a tray with muktze on it before tilting the muktze
or removing it in a permitted manner. When the muktze is
valuable and might break on tilting or if, for example it is fresh
fruit that will be squashed, one need not tilt the tray and the
items may be carried on the tray.
The Chazon Ish explains that failing to tilt the muktze
demonstrates that one is interested in moving or carrying it. When
it cannot be tilted or removed it is unavoidably on the tray and
carried through lack of choice.
What is the difference whether one wants it
or not, after all one is moving muktze?
The halacha
is that muktze may be moved or carried indirectly for the
sake of a permitted purpose but not for the sake of the muktze.
For example, an
expensive camera was left on the porch before Shabbos and one wishes
to bring it inside. Obviously it may not be handled directly but may
it be pushed inside with a broom?
Moving it with a
broom or spoon is called tiltul min hatzad (indirect
handling), and when done for the sake for the muktze it is
l'tzorech davar ha'assur (for the muktze) and forbidden.
Pushing the camera with the broom is tiltul min hatzad for
the sake of the muktze and is forbidden.
Accordingly,
explains the Chazon Ish, when the muktze can be tilted
or removed b'heter (with the help of a gentile) and is not,
it demonstrates that one wishes to move the muktze and is
similar to tiltul min hatzad l'tzorech davar ha'assur,
which is forbidden.
And when the muktze cannot be removed or
tilted?
When it cannot be
tilted and one needs to move or carry the tray (when it is not a
basis l'davar ha'assur, because the conditions to form a
basis were not met) it is considered as if one is not carrying
the muktze for the sake of the issur and is permitted.
This is very pertinent when moving a table with candlesticks (when
the table is not a basis l'davar ha'assur, as we will learn
be"H), and one wishes to move the table to another location.
Since the candlesticks cannot be tilted, one may move the table even
though the candlesticks are on the table.
What if I do not want to tilt the item in
its present spot?
The gemora
states a case where a stone is located atop a barrel (and the barrel
does not become a basis l'davar ha'assur) and one
wishes to remove wine from the barrel. Seeing that the barrel is
surrounded by other barrels and tilting the stone in its present
location would damage the other barrels, one is permitted to lift
the barrel with the stone on top and carry the barrel to another
location and tilt it there.
Since the stone is
not carried for its own sake, it is permitted.
Is this the heter to remove peels on a
plate?
Indeed it is. Peels
and shells, which are muktze, that are placed on a plate or
tablecloth may be carried, utilizing the plate or tablecloth, to the
garbage can, even though one is able to tilt the muktze onto
the dining room floor. Here too one is carrying muktze min hatzad
and it is muter because one is not carrying it for the sake
of the muktze rather because one needs to use the table and
one does not wish to shake the dirt onto the dining room floor.