When Reading in Shul, DO NOT Read During Davening or Krias HaTorah
...Continued from the previous week
1) A Kli SheMelachto L’Isur may be moved if the place where it is sitting is needed to be used.
Some examples of this include moving a screwdriver off a table if you want to use the table to eat on, or moving a pen off a bed if you want to lie down in the bed, or moving an empty pot off a chair if you want to sit down on the chair.
2) These are permitted, as they are deemed L’Tzorech Mekomo (i.e. you need to use the place where the utensil is located, for a permissible use, thus you can move it to vacate that space) (See Shulchan Aruch Siman 308:3)
3) When a Kli SheMelachto L’Isur is being moved for a halachically sanctioned reason (i.e. it’s being done L’Tzorech Gufo or L’Tzorech Mekomo) once it is in your hands, it may be taken to and placed in another location, as desired. There is no obligation to do this hurriedly, or to drop it in the nearest location. (Shulchan Aruch Siman 308:3)
4) According to some Poskim (including the Mogen Avrohom), even if the Kli SheMelachto L’Isur was picked up inadvertently or mistakenly, once you are holding it you may already place it down somewhere else in any desired place. (Unlike other categories of Muktzah, that must be dropped immediately if you find yourself holding them. See Mishna Berura Siman 308 S”K 13)
Other Poskim (including the Gaon of Vilna), however, maintain that the allowance to move it to any desired place, only applies to when it was picked up in a permitted way, and does not apply to when it was not allowed to be picked up in the first place. (See Mishna Berura ibid.)
5) A utensil is deemed a Kli SheMelachto L’Isur regardless if the Melacha that it is primarily intended for is prohibited biblically, or if it is prohibited Rabbinically.
Thus a needle (whose intended use is for sewing, a biblically prohibited Melacha) and a flute (whose intended use is for producing music, a rabbinically prohibited Melacha) are equally considered Keilim SheMelachtam L’Isur, and are equally Muktzeh to move.
6) Furthermore, even if a utensil does not perform any actual melacha, rather it is used to store Muktzeh items in it, such as an empty wallet which is intended to hold money, it is deemed a Kli SheMelachto L’Isur (See Rama Siman 310:7. If the wallet has money it, it will be a more stringent variety of Muktzeh; we will discuss that more in detail as we progress in this topic B’Ezras Hashem)
7) If the reason an item is not used on Shabbos is not due to its own use being an actual Melacha, rather it is not used due to Maris Ayin (e.g. a clothespin which is only not used on Shabbos, as using it would give the impression that the clothes were washed on Shabbos, which is a prohibited Melacha) it is still treated as a bona fide Kli SheMelachto L’Isur.
8) Moreover, even if the reason the item is not used on Shabbos is not due to its being a prohibited Melacha, rather it is because its use would be a dishonor to the sanctity of Shabbos (e.g. Tefilin, which is not donned on Shabbos as Tefilin are a “sign” of Hashem’s connection to Am Yisroel, and Shabbos and Yom Tov, as well, are a “sign” of this connection. Thus when the “sign” of Shabbos is active it is a dishonor to also display a second “sign” at simultaneously. See Shulchan Aruch and Mishna Berura Siman 31) it is still treated as a Kli SheMelachto L’Isur, according to some Poskim. (Other Poskim disagree, and treat Tefilin as a Kli SheMelachto L’Heter; we will discuss if and how Tefilin may be moved on Shabbos more at length as we progress in this topic)
9) A Kli SheMelachto L’Isur that has no permissible use on Shabbos (e.g. a telephone or a camera), according to some Poskim, still retains its status as a Kli SheMelachto L’Isur and thus it would be permissible to move it L’Tzorech Gufo or L’Tzorech Mekomo. (See Mogen Avraham Siman 308 S” K 18 and Shulchan Aruch HaRav Siman 308:85. Rav Moshe Feinstein Zatzal, quoted in Sefer Tiltulei Shabbos Chapter 2 footnote 5, ruled this way)
10) Other Poskim, however, deem this utensil akin to a Muktzeh Machmas Gufo, by virtue of its total uselessness on Shabbos, and do not allow it to be moved [in a regular manner], even L’Tzorech Gufo or L’Tzorech Mekomo. (See Pri Megadim; Aishel Avraham Siman 308:12 and Chazon ish Siman 44:13. See also Shu”t Shevet Haleivi Vol. 3 Siman 32 and Vol. 10 Siman 59)
It is best to be stringent with such a utensil, if possible. In extenuating circumstances, there is room for leniency. (See Mishna Berua Siman 308 S” K 34 and Sha’ar Hatziyun Siman 279:4 where he seemingly rules leniently, yet does bring the more stringent opinion as well.)
...To be continued next week B’Ezras Hashem
