Shabbos 141-142: טלטול מן הצד- moving Muktza items indirectly and the panic button on the key chain

We have learnt elsewhere in the masechta that it is permitted to move certain types of muktza when one needs them for a permitted purpose, or where the place they occupy is needed for a permitted purpose.

The focus on these daf is how to move Muktza items when neither of those leniencies applies.

This discussion focusses around whether טלטול מן הצד שמיה טלטול, in other words, whether handling something indirectly is considered handling as far as the prohibition of handling Muktza is concerned.

The Mishna on 141b discusses a bed with straw on it that was intended as fuel for a fire.

A person now wishes to move the straw so he can lie on it, but seeing as the straw was not designated as a כלי, the leniency to move a כלי שמלאכתו לאסור for a permitted use or the place it occupies, does not apply.

The Mishna rules that one may not move it with one’s hands, but may move it with one’s body, such as with one’s shoulders.

Rashi explains that this is considered טלטול מן הצד, indirect handling, which is not considered טלטול as far as the laws of Muktza are concerned.

The Gemara brings a related ruling of Rav Nachman regarding a radish buried in the ground.

It was common practise to take whole, harvested vegetables, such as radishes, and bury them in the sand to preserve them during the dry summer.

Rav Nachman rules that if the raddish has been buried with its narrow top facing down, one may pull it out by its wider bottom, seeing as one will not be displacing any sand while doing so.

On the other hand, if the raddish was buried with its wider bottom facing down, one may not pull it out by its narrower top, seeing as it will be moving sand out of the way, which is Muktza.

The Gemara questions this ruling based on our Mishna.

Seeing as the person is not moving the sand directly, but it simply pulling out the vegetable, this

Should be considered טלטול מן הצד and should be permitted, as with the straw in the Mishna.

In light of the above, the Gemara concludes that the halacha is not like Rav Nachman and that this is permitted even if sand is moved out of the way while pulling out the vegetable.

We have various other examples of this leniency in the first few mishnayos of the new chapter on Dapim 141-142.

The Mishna rules that a person may carry a child with a stone in his hand, even though the stone is Muktza, in an enclosed courtyard (see Rashi) – this also seems to be an example of indirectly handling the Muktza stone while moving something that is not Muktza (the child.)

On Daf 142b, the Mishna permits one to tilt a barrel of wine over in order that a stone sitting on top of it will fall down, yet another such example.

Back on Daf 43a, there is a dispute regarding what to do with a corpse that ls lying out in the sun on Shabbos, given that it is Muktza

We should recall that moving a Muktza item for its own protection (מחמה לצל) is not usually an acceptable reason for moving Muktza items- yet human dignity also dictates that something must be done to prevent the corpse from rotting.

Rav Yehuda in the name of Shmuel rules that it may be rolled from bed to bed, seeing as this is indirect handling, and thus permitted.

Rav Chanina bar Salmai in the name of Rav, on the other hand does not allow this, and suggests an alternative solution.

It seems to follow that unlike Shmuel who permits טלטול מן הצד, Rav forbids it.

The Gemara brings a מחלוקת תנאים (tannaic dispute) regarding whether one may move a corpse on shabbos in order to save it from burning in a fire- the Tana Kama forbids it, whereas Rabbi Yehuda ben Lakish permits it.

It suggests that this is also a dispute regarding whether טלטול מן הצד is permitted or not, but rejects this suggestion, and says that both Tannaim could hold that טלטול מן הצד is usually forbidden, but that Rabbi Yehuda ben Lakish made an exception for a corpse so that the relatives don’t come to extinguish the fire instead.

It seems from this that the Gemara has concluded that טלטול מן הצד is forbidden.

Furthermore, even if the gemara was simply giving an alternative explanation of the tannaic dispute, but not completely rejecting the possibility that they could be arguing about טלטול מן הצד, there is still clearly a dispute about it, and Rav appears to forbid it- the halacha usually follows Rav in disputes against Shmuel in everyday halacha.

Tosfos raises an even larger difficulty that this places Rav in contradiction with himself, as on our daf (141,) it is the house of Rav that proves from the Mishna that טלטול מן הצד is permitted!

When examining these cases carefully, one can see that although they have much in common, there are also some differences:

  1. In the case of the straw, the straw is moved in an unusual way, namely with one’s shoulder rather than one’s hand, but not in the course of moving a non Muktza item it is attached to.

In the case of the child and the barrel of wine, the stone is moved indirectly, in the course of moving a non muktza entity(the child or barrel)

In the case of corpse, it is not clear what type of טלטול מן הצד is employed, moving it directly with an unusual part of the body, or moving it with a bed.

  1. In the case of the child and barrel of wine, one’s intention is to move the child or access the wine in the barrel, not to move the muktza item (the stone,) which is simply moved as a secondary effect of moving the non muktza entity.

In the case of the corpse, the intention is to move the muktza item itself, namely the corpse.

In the case of the straw, it is not completely clear whether one is moving the Muktza item (the straw) in order to make it spread out evenly and be comfortable to lie on, or whether one is moving it out of the way so he can sleep on the non Muktza item(the straw)

It is interesting that Rashi on Daf 43b defines טלטול מן הצד as כלאחר יד, a back-handed manner, the term normally used for performing a forbidden action with a שנוי (in an unusual manner.)

This would make this leniency an extension of the exemption from punishment for performing a forbidden melacha in an unusual manner, going a step further and permitting it completely when it comes to handling Muktza items in a רשות היחיד (private domain,) which is only rabbinically prohibited.

It would still be a חדוש as we do not generally permit a שבות דשבות (something forbidden only rabbinically for 2 independent reasons) for any reason whatsoever, but just for the sake of a mitzva (like bris milah), and even there, the scope of the leniency is subject to debate- see earlier posts on שבות דשבות.

Back to the contradiction in sugyos and the opinion of Rav, the Baalei Tosfos and the Rosh both suggest that there is a difference whether the טלטול מן הצד is performed for the sake of the Muktza item, or for the sake of the non Muktza item.

In the case of the corpse, it is performed in order to bring it into shade, namely for the sake of the Muktza item, and is thus forbidden according to Rav.

In the cases on our dapim, it is done for the sake of the non Muktza entities, ie the bed, the child, or the barrel, and is thus permitted.

This distinction seems to based on the assumption that in the case of the straw, one is moving the straw for the sake of the bed, not in order to make the straw more comfortable to lay down on, a point noted by Rabbeinu Yona and the Rosh.

Although there are different approaches in the Rishonim as to the definition and scope of טלטול מן הצד , the distinction made by the Tosfos forms the basis for the generally accepted halacha that it is permitted to move a Muktza object together with a non Muktza object, only if one is doing so for the sake of the non Muktza object, and not if one is doing so for the sake of the Muktza object.

In some countries where violent crime is unfortunately common, it is common for people to have panic buttons that link to a security company when pushed.

These buttons are often put on one’s keyring together with one’s keys.

Assuming that the panic button is muktza, and that the danger is not at the level that constitutes pikuach nefesh (neither which should be assumed,) would it be permitted to carry the key-chain around inside an Eruv even though one is inevitably moving the panic button with it?

It seems from the above as seeing that it is impossible to remove the panic button without handling it directly by simply shaking it off, this should be a classic example of handling a muktza item (the panic button) indirectly while directly handling a non muktza item that one needs (the key.)

As such, it should be permitted even if the button is indeed muktza and the criteria of pikuach nefesh do not apply.

Obviously, if there is indeed no concern for pikuach nefesh while going out, it would be better to remove the button before shabbos, and seeing that there is a strong argument for pikuach nefesh in any case, this leniency might be rather spurious.

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.

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