When Reading in Shul, DO NOT Read During Davening or Krias HaTorah
...Continued from the previous week
1) If one permanently designates a Kli SheMelachto L’Isur to be used for a permissible use only, and will no longer use this particular utensil for its prohibited use, it loses its status as a Kli SheMelachto L’Isur, and henceforth will be deemed a Kli SheMelachto L’Heter, and it will be permissible to move it for any reason. (See Chazon ish Orach Chaim Siman 4:1. This designation must be permanent; it is not adequate if it was only designated as such for a specific period of time)
2) Thus, for example, if a person designates a certain needle to always be used for removing splinters, or a certain pot to always be used as a serving bowl, they will be permissible to move on Shabbos for any reason.
3) Once a Kli SheMelachto L’Isur was picked up to move or use in a permissible fashion (i.e. L’Tzorech Gufo or L’Tzorech Mekomo) it may be taken to be placed in any desired location.
4) There is no need to put it down immediately in the first available location, and there is no need to drop it out of your hands to the floor, as would be the case with other classes of Muktzeh (Shuchan Aruch Siman 308:3. See also Mishna Berura S”K 13)
5) If a Kli SheMelachto L’Isur was picked up by mistake (i.e. not L’Tzorech Gufo or L’Tzorech Mekomo), some Poskim rule that now that it is already in your hands it may be taken and placed in any desired location. (Ruling of the Mogen Avraham quoted in Mishna Berura Siman 308 S”K 13)
6) Other Poskim, however, rule that being that it wasn’t allowed to be picked up in the first place, it must now be dropped or placed in the first available location, and it doesn’t have the leniency that we give a Kli SheMelachto L’Isur when it was picked up in a permissible way. (Ruling of the Gaon of Vilna, quoted in Mishna Berura ibid. See also Chazon Ish Orach chaim Siman 49:8)
7) Some Poskim classify Tefillin as a Kli SheMelachto L’Isur, being that it is prohibited to don Tefillin on Shabbos and Yom Tov, and thus they may only be moved L’Tzorech Gufo or L’Tzorech Mekomo. (Opinion of the Taz and the Mogen Avrohom quoted in Mishna Berura Siman 308 S”K 24)
8) Other Poskim maintain that Tefillin are not Muktzeh as they are Kli SheMelachto L’heter, and may thus be moved for any valid reason. (See Rama Siman 308:4 where he allows it L’Tzorech, and doesn’t limit it to Tzorech Gufo or Mekomo only)
We generally rule stringently in this matter, unless in cases of great necessity, such as if Tefilin fall on the floor or are otherwise found to be situated in a disrespectful manner, then they may be picked up and placed in a more respectful location. (See Biur Halacha siman 31:1 and Pri Megadim; Mishbetzos Zahav Siman 308 S” K 3. See also Shemiras Shabbos K’Hilchasa Perek 20 footnote 33.)
9) If one has his Talis and his Tefilin together in one bag and he wants to use that Talis, but forgot to remove the Tefilin from the bag before Shabbos, he may remove the Tefilin and use the Talis and the bag.
10) Doing this is considered moving it L’Tzorech Mekomo, and is therefore permissible, even according to the Poskim who consider Tefilin a Kli SheMelachto L’Isur.
...To be continued next week B’Ezras Hashem
