Tiltul Min Hatzad

Shabbat (20:5) | Yisrael Bankier | 2 years ago

The Mishnah (20:5) teaches if one finds straw on their bed they may not move the straw with their hands. The straw can however be moved about, to make it more comfortable to lie on, if one uses their body to do so. We shall try to understand this Mishnah.

The Bartenura explains that the straw is muktzah since its assumed usage is for burning. One however can use their shoulder, for example, to move the straw since it is considered tiltul min ha'tzad -- moving the forbidden item indirectly.

The Tifferet Yisrael notes that ordinarily, this indirect movement is only permitted for the purpose of something permitted. For example, we learn in the next Mishnah that if one finds coins on his pillow, he may shake the pillow so that the coins fall off. It is considered tiltul min hatzad since one is using a permitted object, the pillow, to move the muktzah items. It is permitted since the actions is for the purpose of the permitted object -- one wants to use the pillow. If however it was for the benefit of the muktzah item, for example to hide away the money, then even tiltul min hatzad would be prohibited. In our case, the straw is being moved for the straw's sake. Why then is it mutar to do so? The Tifferet Yisrael explains that the case in our Mishnah is different since one is using their body to move the straw. The Tifferet Yisrael cites the Shulchan Aruch (311:8) that brings this distinction.

The Chazon Ish (47:12) however understands that there is no difference whether one moves the muktzeh item using a permitted object or using their body. If the prime purpose is for the muktzah object it is prohibited. It would not be considered min hatzad but rather direct tiltul. The reason why the case in our Mishnah is permitted, despite the intention being to lie on the straw, is because the tiltul is not clear in his actions; it appears is if he is lying down.

The Mishnah Berurah (308:13) however explains that when one uses their body to move an object that is muktzah it is not even considered tiltul. Consequently, if there is muktzah item on the floor that might get ruined, one is permitted to move it to the side using their foot.

Note however that the Mishnah Berurah (308:62) rules that if one's shoe strap broke in a way that would render the show muktzeh one would not be able to move the shoe and must leave it behind. This would seem to contradict the ruling above that moving an object with one body, but not with their hands, is not considered tiltul and therefore permitted.

The Minchat Shlomo (I 14:2) answers that the reason why moving a muktzah item is forbidden is related to the melacha of hotzaah. In other words, the Chachamim limited what one could handle on Shabbat out of concern that if everything was permitted, one might violate the prohibition of carrying on Shabbat. Consequently, it is only the manners of handling items that one would be liable for if they did so in the public domain that is forbidden. That explains why when moving muktzah items using one body is permitted. It is not a normal form of carrying and if one did so in the public domain, they would not have violated a biblical prohibition.

This explanation therefore also explains the Mishnah Berurah's ruling regarding the broken shoe. Since using one's foot to move a shoe -- wearing a shoe -- is a normal way of transporting shoe, it would be considered carrying for this broken shoe. The same would be true for any means of a moving an object that is considered normal. It would be a forbidden way to move a muktzah item. For example, carrying muktzah item in one's pocket or one's back.

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