Monday, November 1, 2010

Basis l'Davar ha'Assur


A fourth category of muktzeh is: Basis l'Davar ha'Assur - a base for a prohibited item.

If one placed a muktzeh item upon an otherwise permitted item before Shabbat began, then the lower item gains the muktzeh status of the upper item, and it retains that status all through Shabbat, even if the muktzeh item is removed from its location.

This law applies only if all of the following conditions are met:
(1) The muktzeh item was placed there by the base's owner, or his agent, or someone acting to benefit him;
(2) The muktzeh item was placed there intentionally, or this is the normal place for storing the muktzeh item;
(3) The base serves the muktzeh item, and not the reverse (as opposed to a case in which one places a muktzeh stone as a paperweight to keep pages from being blown away, for example);
(4) One's intent when placing the muktzeh item there was to leave it there at least through nightfall at the start of Shabbat;
(5) The muktzeh item is of significance to him, and is more important than any non-muktzeh items which were also atop the permitted item when Shabbat began;
(6) The muktzeh item rests atop the actual permitted item, as opposed to a case in which it is placed atop a less significant item that is attached to the permitted item.

Hopefully, the next several emails will help clarify these rules.

(Shemirat Shabbat k'Hilchatah 20:49-56)

Have a great day,

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