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Chapter 88:4
Laws of Muktzeh on Shabbos

4. [The halachic concept called] "nolad" (lit: "came into existence") refers to things that come into existence on Shabbos (1), for example, ashes resulting from a fire kindled on Shabbos by a Gentile, an egg laid on Shabbos (2), or sap flowing from a tree on Shabbos during the month of Nissan (spring); all these things [are muktzeh] and may not be handled on Shabbos. This prohibition also applies to things that did not actually come into existence, but were made available on Shabbos through an act that a Jew is prohibited to perform, for example, fruit that fell from a tree (3) or that was picked by a Gentile on Shabbos, or milk from a cow that was milked by a Gentile on Shabbos.

Bread baked by a Gentile on Shabbos in a city inhabited primarily by Gentiles, may be eaten by a Jew on Shabbos in a time of difficulty or for the sake of fulfilling a mitzvah, since the Gentile probably baked the bread for Gentiles (4).

FOOTNOTES:

(1) In general, anything that is not "Muchan" ("prepared" or "ready") for regular use on Shabbos, is considered muktzeh. It is essential that this "preparation" be completed before Shabbos begins, but it does not have to result from any action performed by a human being. If, at the onset of Shabbos, an item is available for regular use, it is considered "prepared" for Shabbos.

There are two types of "nolad:"

a) Items that were not in existence at all before Shabbos, for example are called "nolad gamur" ("absolute nolad"). All items in this category are muktzeh.

b) Items that were in existence before Shabbos, but changed and assumed a new form on Shabbos; most items in this category are not considered muktzeh.

(2) Although, in general, simply touching a muktzeh item without moving it, is permitted, it is prohibited to touch an egg that is muktzeh, because, due to is round shape, touching it is likely to cause it to roll a little from its place. There is a dispute among the authorities as to whether a newly laid egg is muktzeh due to the concept of "nolad" or whether it is as a result of a different prohibition (See Aruch Hashulchan 322:1, and Mishna Berura 322:1).

(3) There are two reasons that this fallen fruit is prohibited:

a) As a safeguard against people inadvertently climbing the tree and picking fruit on Shabbos.

b) Since the fruit was attached to the tree when Shabbos began, a person would have put the possibility of eating it on Shabbos, out of his mind ("iskotzeh mida'ateh"), and therefore it is considered "muktzeh." This is similar to the case of the dates and raisins which one has put up on the roof to dry, which was discussed in HY 88:1.

(4) A Jew may not benefit from a prohibited activity performed by a Gentile on Shabbos, if the activity was performed for the sake of a Jew.

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Halacha-Yomi, Copyright (c) 2002 Project Genesis, Inc.

 






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