The Prohibition Against Moving Muktzeh 

The term muktzeh refers to items that are not properly designated for Shabbat use. Many people erroneously refer to any prohibited Shabbat activity as muktzeh. In reality, muktzeh is (primarily) only significant in that there is a prohibition to move muktzeh items on Shabbat.

R. Yosef Karo (1488-1575) Beit Yosef, Orach Chaim no. 308, lists six categories of muktzeh. In this issue, we will focus on two of those categories: muktzeh machmat gufo (inherently muktzeh) and k'li shemelachto l'issur (a utensil primarily used for a prohibited activity). Please note that this issue will only discuss some topics relating to muktzeh and is not meant to replace a comprehensive study of the laws of muktzeh.

The Reason for the Prohibition against Moving Muktzeh

Rambam (1135-1204), Hilchot Shabbat 24:12, presents three reasons for the prohibition against moving muktzeh. First, just as Shabbat must be different in the way one walks (see Hilchot Shabbat 24:4), so too, one should not carry items in the same manner that he does during the week. Second, if one moves utensils ordinarily used for prohibited activities, he may end up performing a prohibited activity with one of those utensils. Third, there are people who don't perform any creative labor the entire week. In order to ensure that Shabbat is different than the rest of the week for every individual, the rabbis instituted that one may not move muktzeh items.

Ra'avad (1125-1198), ad loc., notes a fourth reason for the prohibition against moving muktzeh. He notes that the prohibition is based on a concern that one may carry the item into the public domain. Ra'avad's source is the Gemara, Shabbat 124b. Rashi (1040-1105), Beitzah 12a, s.v. Liflegu, and 37a, s.v. Atu, explains that allowance to move items leads to desecration of Shabbat. The rabbis couldn't prohibit moving all items because it would diminish oneg Shabbat (the mitzvah to enjoy Shabbat) and many people would not be able to follow such a decree. Therefore, the rabbis only prohibited items such as those that have no use on Shabbat (muktzeh machmat gufo) or items that are not primarily used on Shabbat (k'li shemelachto l'issur).

Defining the Categories and the Differences between Them

Muktzeh machmat gufo refers to any item that has no inherent purpose. R. Karo, op. cit., notes that anything that cannot be categorized as food or as a utensil is inherently muktzeh. This includes, sticks, stones, coins, raw meat and many other items. K'li shemelachto l'issur refers to items that are primarily used for a prohibited activity but are sometimes used for permissible activities. Examples of such items include a hammer (which may be used for shelling nuts), scissors (which may be used for opening packages in a permissible manner), and an electric shaver (which may be used as a paperweight).

The Gemara, Shabbat 124b, notes an important difference between the prohibition against moving muktzeh machmah gufo and the prohibition against moving a k'li shemelachto l'issur. Regarding a k'li shemelachto l'issur, it is permissible to move the utensil if one is going to use it in a permissible manner (l'tzorech gufo) or if one needs the space (l'tzorech mikomo). One may not move a k'li shemelachto l'issur if the purpose of moving it is to protect it from getting ruined. Regarding an item that is inherently muktzeh, one may not move the item regardless of the situation.

The parameters of moving a k'li shemelachto l'issur can be understood in one of two ways. One can understand that the rabbis prohibited moving any utensil unless there is a purpose to move it. Therefore, utensils that are primarily used for permissible activities may be moved for any purpose. Utensils that are primarily used for prohibited activities may only be moved if there is a permissible purpose to their movement. This includes moving these items for their use or for their space. However, moving an item to protect it from getting ruined is prohibited because the utensil itself is primarily used for prohibited activities and therefore, by moving it in order to protect it, one's primary objective is to be able to use it again (during the week) for a prohibited activity. Alternatively, one can understand that the rabbis considered all utensils as movable items and only prohibited moving a k'li shemelachto l'issur in limited circumstances such as protecting it from getting ruined.

There is an important practical difference between these two approaches. R. Vidal of Tolosa (late 14^th century) Maggid Mishneh, Hilchot Shabbat 25:3, writes that one may not even move a utensil whose primary use is for a permissible activity (e.g. a knife), if there is no purpose at all in moving the item. Maggid Mishneh notes that there are others who disagree and permit moving these items for no purpose at all.

Maggid Mishneh's premise is that the rabbis prohibited moving all utensils and only allowed moving them for a purpose. If there is no purpose at all in moving the utensil, it is prohibited to move it. The dissenting opinion may view all utensils as movable items. The rabbis only prohibited moving certain items in certain circumstances.

Shulchan Aruch, Orach Chaim 308:4, rules in accordance with Maggid Mishneh's opinion. R. Yechiel M. Epstein (1829-1908), Aruch HaShulchan, Orach Chaim 308:15, notes that this prohibition does not include fidgeting with utensils because fidgeting provides a certain degree of enjoyment. R. Avraham Borenstein (1838-1910), Avnei Nezer, Orach Chaim no. 403, justifies fidgeting based on the principle of mitasek that states if one performs an activity without awareness of what he is doing it is not considered a prohibited activity.

Moving a K'li Shemelachto L'Issur for a Purpose

As we noted earlier, there are two situations where it is permissible to move a utensil that is primarily used for a prohibited activity. Yet, the tzorech gufo leniency is conceptually different than the tzorech mikomo leniency. Tzorech gufo allows one to move the utensil in order to use it in a permissible manner. In this leniency, there is positive use from the utensil. Regarding the tzorech mikomo leniency, there is no positive use from the utensil and it is only moved in order to use the space.

One can question whether tzorech mikomo does not require any positive use or whether it requires positive use, but use of the space is considered positive use. This question seems to be the point of dispute between R. Shlomo Zalman Auerbach (1910-1995) and R. Moshe Feinstein (1895-1986) regarding removal of a pin from a timer. In a previous issue, we noted that according to most poskim, removal of a pin from a timer does present a problem from the perspective of violating a melacha. R. Auerbach, Minchat Shlomo 1:13, notes that it is permissible to move the pin for two reasons. First, since removing the pin is permissible and it is an ordinary function of the pin, the pin should be considered a utensil that is used for both permissible activities and prohibited activities and should not be classified as a k'li shemelachto l'issur. Second, even if one does consider the pin a k'li shemelachto l'issur, it is permissible to move the pin because it can be included in the leniencies of tzorech gufo or tzorech mikomo.

R. Moshe Feinstein, Igrot Moshe Orach Chaim 4:91 (5), categorizes all electrical appliances and components as k'li shemelachto l'issur. Yet, in another responsum (Yoreh De'ah 3:47), he prohibits removing the pin from a timer because of the prohibition of moving muktzeh. Apparently, R. Feinstein does not consider removal of a pin tzorech gufo or tzorech mikomo.

One can explain that removal of a pin does not provide any positive use. The pin is not going to be used for another purpose and the space where the pin is situated is going to remain empty. R. Auerbach does not require any positive use in order to consider the movement tzorech gufo or tzorech mikomo. It is sufficient if there is a Shabbat related purpose to the action. Therefore, he permits removal of the pin. R. Feinstein requires a positive use from the utensil or the space. Since removal of the pin entails no positive use, he prohibits moving the pin.