1)

WHEN TILTUL MIN HA'TZAD IS PERMITTED [Muktzeh: Tiltul Min ha'Tzad]

(a)

Gemara

1.

77a: If one turned over a basin and attached it to the ground [with earth], one may move it;

i.

(Beraisa): If an unripe fig was Tamun (wrapped or buried) in [Muktzeh] straw, or if a cake was wrapped in coals [that have extinguished], one may move only if it is partially exposed.

2.

84a (Mishnah): If a Chulyah of a pit is 10 Tefachim tall, it is permitted to the Bnei Mirpeses.

3.

(R. Yitzchak brei d'Rav Yehudah): The case is, it is full of water. (They draw from the top, which is within 10 of them.)

4.

Objection: Once they draw some water, it is no longer full. Perhaps they will take even then, and it is forbidden, for it is not within 10 of them!

5.

(Abaye): Rather, it is full of Peros.

6.

Question: Once some are removed, it is not full!

7.

Shabbos 43b (Shmuel): If a Mes is in the sun, we may flip it from bed to bed.

8.

(Rav): We put a loaf or infant on it, and move the Mes with it.

9.

All permit when a loaf or infant is available. They argue about when there is no loaf or infant. Rav holds that Tiltul Min ha'Tzad (moving something indirectly) Shmei Tiltul (is considered moving it, so it is forbidden). Shmuel holds that Lo Shmei Tiltul.

10.

Suggestion: Tana'im argue about whether or not Shmei Tiltul:

i.

(Beraisa): One may not save a Mes from a fire;

ii.

R. Yehudah ben Lakish: I heard that one may save a Mes from a fire.

11.

Rejection: No, all agree that Shmei Tiltul. Shmuel permits, lest a person panic lest the Mes burn, and come to extinguish.

12.

(Rav Yehudah ben Shila): The Halachah follows R. Yehudah ben Lakish regarding a Mes.

13.

123a (Beraisa): If an unripe fig or cake was Tamun in straw or coals, one may move it only if it is partially exposed;

14.

R. Eliezer ben Tadai says, one may insert a spindle or Karkar into it (and take it), and the covering falls off by itself.

15.

(Rav Nachman): The Halachah follows R. Eliezer ben Tadai.

16.

Inference: Rav Nachman holds that Lo Shmei Tiltul.

17.

Question: He permits to remove a radish that is partially in the ground only if it is right side up (for the top is wider, so he does not move earth when taking it), but not if it is upside down!

18.

Answer: Rav Nachman retracted from that teaching [about the radish].

19.

141a (Bei Rav): Our Mishnah opposes Rav Nachman!

i.

(Mishnah): One may not use his hand to move straw on a bed, but he may move it with his body.

ii.

This teaches that Tiltul Min ha'Tzad Lo Shmei Tiltul.

20.

142b (Mishnah): If a rock is on a barrel, one tilts the barrel and the rock falls;

21.

If [he cannot, because] it is between other barrels, he picks it up and tilts it and the rock falls.

22.

If coins are on a pillow, he shakes the pillow and they fall off.

23.

(Rav): This is only if he forgot the rock. If he intentionally left it on, the barrel is a Bosis (support) for Isur. (It is forbidden like the Isur.)

(b)

Rishonim

1.

Rif and Rosh (Shabbos 20b and 3:19): Our Sugya (43b) concludes that Tiltul Min ha'Tzad Shmei Tiltul. Below (123a), we rule that Lo Shmei Tiltul!

i.

Rif: Shmei Tiltul regarding rocks and similar matters that are not for the needs of Shabbos, e.g. a Mes. For foods, which one needs on Shabbos, Lo Shmei Tiltul.

2.

Rosh: We must distinguish kinds of Tiltul. Here (43b), Rav holds that Tiltul Min ha'Tzad Shmei Tiltul. On 141a, Bei Rav holds that Lo Shmei Tiltul, and Bei Rav always refers to Rav. Also, how can Rav forbid moving a Mes from bed to bed? If coins are on a pillow, one may shake the pillows and the coins fall off (142b)! If a rock is on a barrel, one may tilt the barrel, and it falls off. Even though we say that there we discuss one who forgot, but if he was Meni'ach (intentionally left it on) it becomes a Bosis l'Isur, here also we must discuss one who forgot, like the case of a Mes. Shmuel would not permit if he intentionally was Meni'ach. Also, even the Rabanan who argue with R. Eliezer ben Tadai and forbid Tiltul Min ha'Tzad, admit about a Mes, for they permit a fig or radish Tamun in ashes or coals, if part is exposed. It seems that here is different, for one moves for the sake of the Mes, which may not be moved on Shabbos, and not for the sake of the bed. Therefore, Shmei Tiltul. The cases of shaking off are permitted for the sake of the Heter. Therefore, the argument of Rabanan and R. Eliezer ben Tadai does not apply to here. Also the Rif distinguishes like this. R. Yonah asked that we permit moving straw on a bed with one's body, even though it is for the sake of the straw (141a). I answer that moving with the body is permitted even for the sake of Isur. Here, he moves Heter with his hand, and through this moves also Isur.

i.

Ran (DH v'Kashya): The Rif's answer is not clear enough. There are two kinds of Tiltul Min ha'Tzad. When one moves primarily for the Heter, and moves the Heter but it is impossible to move it without moving the Isur with it, it is permitted. The case of a fig Tamun in straw is like tufts of wool. One may not move them, but (if one did Hatmanah in them,) he lifts the pot cover and they fall by themselves. The same applies to a rock on a barrel and coins on a pillow. When one moves primarily for the Isur, even though it is Min ha'Tzad, like moving a Mes to the shade, lest it decay, or saving it from a fire, it is forbidden. The Heter to move straw in a bed is because he needs the bed, and he cannot use it without moving the straw. Since he does not move it directly, rather k'Le'acher Yad (unskillfully), it is permitted.

ii.

Ran (Shabbos 23b DH Taman): One may shake a Tamun pot, and what it was wrapped in (which is Muktzeh) falls off. It was not a Bosis l'Isur, for the pot does not serve what it is wrapped in. Just the contrary, they serve it! This is like a fig Tamun in straw, or a cake Tamun in coals. One may insert a needle or spindle and take them. The straw and coals serve the fig and cake, and not vice-versa.

3.

Rambam (Hilchos Shabbos 25:14): If Heter and Isur (something permitted and forbidden to move, respectively) are next to each other, or one is on or in the other, and when one moves one, the other will move, if he needs the Heter, he may move it, even though this moves the Isur with it. If he needs the Isur, he may not move it with the Heter.

4.

Rambam (15): If a fig was Tamun in straw, or a cake was on coals, one may insert a needle or spindle and take them, even though the straw or coals are shaken off on Shabbos when he takes them. Similarly, if a radish or turnip was Tamun in earth, and some of the leaves were exposed, one may remove it through the leaves, even though he moves earth when taking it.

(c)

Poskim

1.

Shulchan Aruch (OC 311:8): Tiltul Min ha'Tzad for the sake of Heter is permitted. Therefore, if a radish is partially in the ground and some leaves are exposed, and it did not take root, and he did not intend to plant it, one may take it, even though he moves earth when taking it.

i.

Magen Avraham (22): This is difficult, for in Siman 310:2 we permit wheat that was planted in the ground! Really, Tosfos (Shabbos 50b DH ha'Tomen) says that intent to plant obligates in Ma'aser, Shemitah and Kil'ayim, but regarding Shabbos it is not forbidden until it takes root.

ii.

Mishnah Berurah (27): One should not veer from the Shulchan Aruch, for many Rishonim say so (Roke'ach, Ramban, Me'iri). The Me'iri permits wheat when the seeds were not still covered in earth.

iii.

Kaf ha'Chayim (64): The Levush says that wheat is different, for taking root is recognized immediately, before he removes it. It is not recognized when a radish took root. Perhaps he will take it, and only then realize that it took root. Alternatively, if one intended to plant it, even if it increased a little due to moisture of the ground, it is as if it took root. If he did not intend to plant it, we are not concerned for such increase, for even garlic and onions in the window increase due to moisture. Eliyahu Rabah says that Tosfos, the Ran and Roke'ach are unlike the latter Perush; the first Perush is primary. The Prishah says that regarding wheat we permit Muktzeh, i.e. if a Nochri or the wind uprooted them, but a Yisrael may not uproot them. This connotes that here, in any case they are not Muktzeh. The Eliyahu Rabah disagreed. The Magen Avraham permits even what was intentionally planted, as long as it did not take root. Others disagree, so one must be stringent, like the Shulchan Aruch.

iv.

Mishnah Berurah (26): If it took root, even if the radish itself is exposed, it is forbidden due to detaching.

v.

Magen Avraham (21): If no leaves are exposed, one may not insert a spindle to remove it, like we permit in Sa'if 9 (Magid Mishneh). Tosfos says that one version permits, and the Yerushalmi says so. Why did the Magid Mishneh rule unlike the Yerushalmi?

vi.

Kaf ha'Chayim (65): We permit even though he moves earth, for this is Davar she'Eino Miskaven and Tiltul Min ha'Tzad for the sake of Heter.

vii.

Note: If the Heter depends on Davar she'Eino Miskaven, it is forbidden if the wide end of the radish is below, for then it is a Pesik Reishei (he Vadai moves earth).

2.

Rema: This is even if he was not Meni'ach it to be there all Shabbos, for Bosis l'Isur does not apply to food.

i.

Magen Avraham (23): This is because the food does not serve the earth. Just the contrary, the earth serves the food! Really, there is no difference between food and Kelim. (It depends only on what serves what.)

ii.

Gra (DH v'Afilu): The Rema means that since he does not intend for the food to serve the Kli, it is not a Bosis l'Isur. This is like the Ran.

iii.

Mishnah Berurah (28): The Acharonim permit removing a radish only in the field, but not in the house, lest one even out crevices in the floor made through removing it. (However, if they were Tamun in sand or earth in the corner of the house that one brought in for his needs, it is permitted even if they were totally submerged.) The Gemara similarly forbids moving pillars of a loom inserted in the floor, due to concern lest he even out holes.

3.

Rema (OC 308:3): One may take Heter resting on Isur.

i.

Gra (DH u'Mutar): We learn from Eruvin 84a.

ii.

Mishnah Berurah (19): This is even if the Muktzeh is hanging, and taking the Heter will cause the Muktzeh to move. This is Tiltul Min ha'Tzad for the sake of Heter.

See Also:

TILTUL B'GUFO (Shabbos 154)

OTHER D.A.F. RESOURCES
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