1)

MUKTZAH ON YOM TOV

(a)

Gemara

1.

Mishnah: One may not give to drink (to facilitate flaying, or to clear the lungs) and slaughter Midbariyos, i.e. animals that spend the night in the dirt (outside the city). One may give to Baisos (i.e. animals that spend the night in the city) to drink, and slaughter them.

2.

Beraisa: Midbariyos are animals that go (to the wilderness) at Pesach, and return at the first rainy season (in Cheshvan, the start of winter); Baisos are those graze outside the Techum (outskirts of the city) during the day, and spend the night within the Techum.

3.

Rebbi says, both of these are Baisos. Midbariyos are those that graze in the dirt and never enter civilization.

4.

Question: Elsewhere, we find that Rebbi permits Muktzah!

i.

Rebbi told his son (R. Shimon) that R. Shimon (bar Yochai) says that only dry figs and raisins are Muktzah!

5.

Answer #1: Midbariyos are just like dry figs and raisins (he keeps the animals in a place where it will be an exertion to get them. This shows that he does not intend to use them.)

6.

Answer #2: Rebbi explained to his son the opinion of R. Shimon, but Rebbi himself disagrees.

7.

Answer #3: In the Beraisa, Rebbi addresses Chachamim according to their reasoning, but he himself disagrees:

i.

I permit Muktzah. Granted, you forbid Muktzah, but you should agree that animals that go away at Pesach and return in winter are Baisos!

ii.

Chachamim call these Midbariyos.

8.

33a - Rava: (On Yom Tov) one may not take a stick from a storehouse of wood (set aside for burning) for a roasting spit;

9.

If a spit broke one may not burn it, for we may burn Kelim on Yom Tov, but not broken Kelim.

10.

Question: This shows that Rava forbids Muktzah, like R. Yehudah. But (on Yom Tov) Rava asked his servant to roast a goose and throw its intestines to a cat!

11.

Answer: Since the intestines would spoil before nightfall, from before Yom Tov Rava intended to feed them to a cat.

12.

2a: Regarding Shabbos, a Stam Mishnah is like R. Shimon. Therefore Rav Nachman establishes Beis Hillel to permit like R. Shimon. Regarding Yom Tov, a Stam Mishnah is like R. Yehudah, therefore he establishes Beis Hillel to forbid like R. Yehudah.

13.

Question: Why did Rebbi make the Stam Mishnah like R. Shimon regarding Shabbos and like R. Yehudah regarding Yom Tov?

14.

Answer: Shabbos is severe, so we are not concerned lest people disgrace it. Yom Tov is lenient, so we are concerned lest people disgrace it, therefore Rebbi was stringent like R. Yehudah.

15.

Shabbos 19b - Rav Nachman: Rav forbids the following like R. Yehudah, and Shmuel permits them like R. Shimon:

i.

A goat (kept) for milk, a sheep for wool, a hen for eggs, oxen for plowing, and dates one intends to sell.

16.

A Talmid in Charta ruled like R. Shimon; Rav Hamnuna excommunicated him.

17.

Question: But the Halachah follows R. Shimon!

18.

Answer: Charta is in Rav's region. One should not rule against Rav there.

(b)

Rishonim

1.

Rif and Rosh (5:14): Some learn from Shabbos 19b that the Halachah follows R. Shimon. (Since Rav Nachman discusses (Shechitah of) oxen, this applies to Yom Tov.) This is wrong. Rav Nachman merely says that they argue about all these things; the Gemara rules like R. Shimon only regarding Shabbos. Rav Nachman himself (2b) rules like R. Yehudah regarding Yom Tov. Also, the Gemara (2a, and also regarding R. Eliezer in a Beraisa (4a)) said that if the hen is for eggs all should forbid, i.e. because Muktzah is forbidden on Yom Tov.

i.

Question (Korban Nesan'el 7,8): The Gemara (2a) said that if the hen is for eggs all should forbid because it thought that all agree that Nolad is forbidden! Rashi (4a DH Hi v'Imah) says that we know that R. Eliezer forbids Muktzah from 34a. We have no source that this is the Halachah!

2.

Rif: We do not follow Rebbi against a Rabim. Therefore, animals that do not spend the night within the Techum are Muktzah.

3.

Rambam (Hilchos Yom Tov 1:17): Anything forbidden to move on Shabbos may not be moved on Yom Tov except for needs of eating. Muktzah is forbidden on Yom Tov and permitted on Shabbos. Because Yom Tov is more lenient, Chachamim forbade Muktzah so people will not disgrace Yom Tov.

4.

Rambam (ibid. 18): If one has a hen, ox, dove or produce for eggs, plowing, offspring or commerce, they are Muktzah and one may not eat them on Yom Tov unless he prepared them before Yom Tov and planned to eat them. On Shabbos everything is Muchan; no preparation is needed. Just like Muktzah is Asur on Yom Tov, also Nolad.

5.

Rambam (ibid. 2:2): Animals that graze outside the Techum during the day, and spend the night within the Techum are Muchanim, one may take them and slaughter them on Yom Tov. Those that spend the night outside the Techum are Muktzah, for people of the city do not intend for them; if they came inside on Yom Tov, one may not slaughter them.

6.

Rosh (ibid.): BaHaG says that since there are two versions about R. Shimon's opinion about Midbariyos, and Muktzah is mid'Rabanan, we are lenient. Rashi rules like R. Shimon. R. Tam and the Ri also do; they say that only Rav Nachman distinguishes Yom Tov from Shabbos, but everyone else equates them. We often find contradictions between Stam Mishnayos; we need not resolve every one.

7.

Rosh (ibid.): BaHaG rules like R. Shimon regarding Muktzah, but like R. Yehudah regarding Nolad. He learns from Rava (33a), who forbids burning Kelim on Yom Tov.

i.

Rebuttal (Rosh ibid.): Rava forbids all Muktzah, like the Gemara says (there and Shabbos 142b). We permit Muktzah. Perhaps we also perhaps Nolad!

8.

Rosh (ibid.): R. Tam learns from Shmuel, who rules like R. Shimon regarding Muktzah (Shabbos 156b), but would move date pits only through bread (143a), because of Nolad.

i.

Rebuttal (Rosh ibid.): Shmuel was stringent on himself, but he permits Nolad regarding Shemen of Badadim (Shabbos 19b), i.e. oil that exudes on Shabbos from olives. Also R. Yochanan permits bones and peels (157a), which are Muktzah.

9.

Rosh (ibid.): R. Tam proves from the Stam Gemara that forbids date pits (143a) even though animals can eat them, because they are Nolad. Rav Nachman does not distinguish Nolad from Muktzah, but the Halachah does not follow him. Everyone else equates them. We hold like R. Yehudah regarding Yom Tov, but this is only regarding Muktzah due to Isur and Nolad.

10.

Question: How can Rav Nachman permit Muktzah on Shabbos and forbid on Yom Tov? Rava asked that there is nothing (regarding Melachah) permitted on Shabbos and forbidden on Yom Kipur (Beitzah 18b). Similarly, there is nothing permitted on Shabbos and forbidden on Yom Tov!

11.

Answer (Ba'al ha'Ma'or 1a): Some Muktzah pertains to something used for a Melachah forbidden on Shabbos but permitted on Yom Tov, e.g. burning a broken Keli or Shechitah of Midbariyos. This is forbidden on Yom Tov like R. Yehudah because of Muktzah, and automatically it is forbidden on Shabbos. Some Muktzah is not due to Melachah, e.g. peels and shells that served (food for) man and are now (detached and are food) for animals, or an animal that died and is now (food) for animals. This is permitted like R. Shimon on Shabbos and certainly on Yom Tov.

12.

Milchamos Hash-m: Rav Nachman holds that Chachamim decreed Muktzah on Yom Tov in order that people will prepare from before Yom Tov and not need to seek food on Yom Tov, lest they transgress a forbidden Melachah or Hotza'ah. "V'Hechinu" is an Asmachta to this Isur. It applies only to Yom Tov, when it is permitted to prepare food. Similarly, we forbid leaving a lamp in a tree or inviting a Nochri to eat on Yom Tov, but not on Shabbos.

(c)

Poskim

1.

Shulchan Aruch (495:4): Even though Muktzah is permitted on Shabbos, Chachamim were stringent and forbade it on Yom Tov.

i.

Mishnah Berurah (15): Several kinds of Muktzah are permitted on Shabbos. Some examples are Muktzah designated for sale, things in storehouses without intent to use them until later, and Muktzah due to Mi'us (disgust). These are forbidden on Yom Tov, lest people come to do forbidden Melachah.

ii.

Beis Yosef (DH v'Zeh): Orchos Chayim says that Muktzah is mid'Rabanan, therefore, we are lenient about a Safek.

iii.

Kaf ha'Chayim (33): A grocer normally sells small amounts of foods that people need constantly, so it is as if he explicitly said that he will sell or use his goods. A merchant normally sells only in bulk, so his merchandise is Muktzah unless he designated it for use.

iv.

Kaf ha'Chayim (37): When Yom Tov is on Shabbos, it is like Shabbos regarding Muktzah. (We are not concerned lest people do Melachah.)

2.

Rema: Some permit Muktzah even on Yom Tov, but they forbid Nolad even on Shabbos.

i.

Mishnah Berurah (16,17): This opinion holds that Yom Tov is not more stringent than Shabbos. The Rema means that even one who is lenient should be stringent about Nolad on Yom Tov. Therefore, bones that became detached from meat on Yom Tov should not be moved. Even though they are fit for animals, at the start of Yom Tov they were fit for people.

ii.

Chazon Ish (43:10): An animal that died on Shabbos or Yom Tov is not Nolad. This is because we kill animals to use (eat) them.

See also:

NOLAD (Beitzah 2)

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