Hilchos Muktzeh: Moving Tefillin on Shabbos, Kli Shemelachto L’issur, and Shemirah
Original title: Hilchos Muktzah
Hilchos Muktzah 3
- Category
- Halacha
- Subcategory
- Orach Chaim
- Sub-subcategory
- Shabbos Halacha
- Duration
- 1:06:04
- Recording year
- 2005
Transcript
In Shulchan Aruch, siman shin ches, se'if daled, the Ramo. Ramo says, Hagah, u'tefillin ein l'taltelan ki im l'tzorech. Tefillin should only be moved when necessary, for necessity. Why does the Ramo bring it here? Because of kisvei hakodesh. The Mechaber spoke about kisvei hakodesh, v'oich lemot l'taltelan, afilu shelo l'tzorech. On this, the Ramo is going on and continuing and is adding that tefillin, though, ein l'taltelan ki im l'tzorech. You have to know the sequence, so to speak, why the Ramo is coming here, and the answer is he's going back on the din of kisvei hakodesh, and there's importance to this nekudah, to this point. We'll soon see why it's so important. Al kol panim, it's from a Terumas HaDeshen and Iyun Beis Yosef, which discusses this. It's interesting to me, how come the Mechaber doesn't talk about it? If it's a Beis Yosef, correct, if it's a Beis Yosef, why is it not in the Mechaber? So two things we could point out: could be he held it's no different than kisvei hakodesh. He held that kisvei hakodesh, tefillin included, to which the Ramo says tefillin a little different. No questions. I mean, what's the problem? I'm not saying anything. I didn't say anything. I didn't say it brings two sheetos. L'tzorech used to bring two sheetos, which we'll soon see the Mishnah Berurah brings. How to explain l'tzorech? Because when we told you last week, there's two types of l'tzorech. There's l'tzorech gufoi, michama l'tzel, to save it. Then there's something called—I'm sorry—then there's tzorech to save it, and then there's tzorech gufei mekomo, which means you need it or you need its place, which is keilim she'melachtan l'issur mutar l'tzorech gufo mekomo. We don't know yet what tzorech it is. From the continuation of this Rambam, where he says by shofar, though, asur l'taltel kimo l'tzorech gufo mekomo, we have a pretty clear implication that tefillin, when we say l'tzorech, we don't mean l'tzorech gufo mekomo. We mean any l'tzorech, even michama l'tzel. This is how you read the Rambam. Again, you read the Rambam as follows: Hagah, u'tefillin ein l'taltelam. Why is it here? Because he's going back on Kisvei HaKodesh, that the Mechaber says it's mutar. What's mutar? It's mutar shelo l'tzorech. Tefillin, though, says the Rambam, only l'tzorech. Shofar, more. It's keilim she'melachtan l'issur, so therefore it's only l'tzorech gufo mekomo. So we have three levels so far. We have tefillin—I'm sorry, we have Kisvei HaKodesh, which is mutar legamrei, shelo l'tzorech. We have tefillin, which is mutar michama l'tzel; l'chaora that's the mashma'os of the Rambam. And then we have shofar, which is only l'tzorech gufo mekomo. We'll soon learn the Mishnah, brothers, lulav. Lulav is aser completely. Why? Because it's called muktzah machmas gufoi. There's no purpose for a lulav. So therefore, lulav will be aser completely. So actually, we have four levels of muktzah when it comes to mitzvahs. Why does the Mechaber not speak about it? The Ramaz quoting a Beis Yosef. Pashut, you could say that either he wasn't machria in the safek, because there's two tzadim that the Beis Yosef brings, we'll soon see, so he's not machria, which is interesting. I have to know why. Or he held that it's all not negei, held halacha, that's all kisui hakodesh, which we'll soon see that everybody agrees that even if tefillin is different, but it's still in the category of kisui hakodesh and has kulos. Even if you're going to say it's muktzah, and it's not kisui hakodesh mutter completely, it has heterim and kulos because it's part kisui hakodesh. This is the reading of the Rama. So again, learn to read.
This is a blatt, so to speak. People think blatt means Gemara. Blatt doesn't have to mean Gemara. Blatt means the page, the text, the blatt of the Shulchan Aruch. You ready? We're learning the blatt of the Shulchan Aruch. The Rama is going back on kisvei hakodesh, which is important to know, because if it's going back on kisvei hakodesh, then it reads as follows: shelo l'tzorech kisvei hakodesh. Then tefillin is a little different. Hagah tefillin, though, is l'tzorech, which means michamer l'tzel. And then there's sefer, which is what? Only tzorech gufo mekomo. And then the Mishnah Berurah adds on lulav, which is completely asur because it smokes a machmas gufo. Ha'ara, good question. How come the Mechaber doesn't bring it? So either he doesn't bring it because it's a machlokes and he's not machria, which is a very difficult thing to say. I mean, the Mechaber usually is machria when it comes to two sides. Or we say he held that it's not so. Tefillin is not asur l'taltel shelo l'tzorech. It all goes under the category of kisvei hakodesh, which I will show you a chiddush in the poskim that even the Rama, who holds that it's not kisvei hakodesh and it's asur l'taltel shelo l'tzorech, fart, at the end of the day, it has a heter of kisvei hakodesh. Now let's see the Mishnah Berurah. Says the Mishnah Berurah, se'if katan chav-daled and chav-hei: Ki l'tzorech, hainu k'dei shelo yignavu o shelo yiskalkelu b'chamah, which is michamer l'tzel, for the purpose of protecting it. U'kiyotzeh bazeh. Matzas u'magen Avraham, don't learn like this. Machmirim, meaning, either we say that that's how they learned up the Mechaber — the Ramah, excuse me — that's how they learned up the Ramah, that shelo l'tzorech means the same way like by shofar, but the mashma'os is not that way, or they're arguing directly on the Ramah. Meaning, haTaz v'Magen Avraham machmirim v'sovrim, d'tefillin mikri keli she'melachto l'issur. D'harei asur l'hanicha b'Shabbos u'k'nal b'siman lamed aleph. Al kein ein l'taltel kin b'tzorech l'gufan. What's called tzorech l'gufan? Says the Mishnah Berurah chiddush, hainu k'dei sheyishmeru mamazikin, that he's wearing it to protect him from mazikin. He's wearing it, so it's a heilega kamea. Can't get the better kamea. What do you need, eyeballs on my rings, chais on my... You got tefillin. People walk around, yeah, looking for schooles. You know what the biggest segulah is? To learn Torah and wear tefillin. Well, what more do you need? What more could you have? Wear tzitzis. What more could you have? Al kol panim, sheyishmerem mamazikin, o ohel makoman, or he needs the place, u'mimakom makom b'makom hadchak, yesh l'hakel k'dei harishonah. The Mishnah Berurah is machria b'di'eved we can be somech on the first shitah. Makom hadchak — he calls it makom hadchak. We'll soon see that's also very important to know — that what? K'dei harishonah, that it's mutar michamah l'tzel. You don't need l'tzorech gufo mekaimei. And where does this come from? This comes from the Biur Halachah in siman lamed aleph. Let's read the Biur Halachah, dafka siman lamed aleph. Meshburah, bihalacha goes on the din that you're not allowed to wear tefillin on Shabbos. V'hinei mekor ha'din is in Shin Ches, says the Bihalacha. B'kitzur, the Derech HaChaim is sosum l'hachmir, d'ein l'taflin kiyum l'tzorech gufo mekomo. V'chein nami mashma b'Birkei Yosef. So the Chida in Birkei Yosef paskens like this, Magen Avraham, and Taz, that it's davka l'tzorech gufo mekomo. Omnam b'Chayei Adam mashma, the Chayei Adam is mashma that he paskens like the Rama, k'pshutei. What? D'kdei shelo yiplu, what? D'kdei shelo yignavu, it's also mutar. V'chein mashma b'Pri Megadim in Shin Ches, ... kol etzem ha'zeh mevuar b'Siman Shin Ches. So the question is, is it asur shelo l'shem mitzvah? We're going to soon see this is a Pri Megadim. When did the Chachamim aser? Did they aser it period, or did they aser it only to wear it for a mitzvah? If you decide to wear tefillin because you want to wear tefillin on Shabbos l'shem mitzvas tefillin, that's when they asered it. But stam to wear tefillin, maybe they didn't aser it. We'll soon see that's a Pri Megadim's pshat, and why it's not muktzah. Al kol panim, v'chein l'fi ma shenavi b'samuch d'hagro hu gam...
According to the Tzadim, we'll soon see that the goy himself is menakelin, and kein, mimeila, hu gam kein mekil inyan tiltul. Al kein, bevadai yesh lehakel b'shaas hadchak. The goy is meikel to wear tefillin shelo l'shem mitzvah on Shabbos. Mimeila, it comes out, says the Mishnah Berurah, that therefore you're allowed to be metaltel on Shabbos. Peirush, it becomes like a muktzah, which is muktzah michama l'tzel only, not keli shemelachto l'isur. Azei paskened the Biur Halacha, and this is what the Mishnah Berurah here in siman ches is metzayen, is sending us to the Biur Halacha in siman lamed aleph. Fine. Says the Mishnah Berurah, se'if katan chaf hei. Says the Mishnah Berurah—I'm sorry, not chaf hei, chaf beis. No, yeah, chaf hei, truly chaf hei. Kiyin, harei hu miyuchad l'tkiah. It's miyuchad for tekiah, shofar. We're going back on shofar; it's miyuchad for tekiah, which is asur b'Shabbos, al kein nikra keli shemelachto l'isur. V'lulav asur l'taltel, l'tzorech gufo u'mekomo, d'ein alav shem kli klal. Lulav is nothing. That's what I said, it's muktzah. So we have three—four stages: kis v'hakodesh mutar; tefillin, which is michama l'tzel mutar according to the one shita, according to another shita it's only l'tzorech gufo u'mekomo; and then we have lulav, which is completely—shofar, and then lulav. Right, I'm sorry, shofar, which is l'tzorech melachto l'isur, and then lulav. You look on your sheets. I bring you down the Rambam, in siman שחסי ד'. ותפילין ... לצורך, ושופר, ... שיציאם מבית יוסף, למה לא מביא המחבר? It's an interesting hakeh: the Mechaber doesn't bring down tefillin. If the mekor, the Ramaz, the Beis Yosef, why it's not in the Mechaber? So he said, either the pshat is the Mechaber is takke not machria; that's what, if there's no hakra'ah from the Mechaber, it's mashma he wasn't machria. Or the pshat is that he held it's kisvei hakodesh and it's takke mutar. He takke didn't hold it's asur to move tefillin. Al kol panim, ayen Mishnah Berurah סימן שח, דל ח'. וצריך עיון, מאי שנא תפילין משופר? It's also: you're not allowed to wear tefillin, you're not allowed to blow shofar. Why did this become a keli שמלאכתו לאיסור, while tefillin did not become a keli שמלאכתו לאיסור? Look at the lashon of the Mishnah Berurah. Mishnah Berurah says that what's shofar? Shofar is asur, דהרי הוא מיוחד לתקיעה, דהוא אסור בשבת. Hummy, isn't the reason for tekiah shofar ...? What's the real reason for tekiah? I don't know, Mishnah Berurah's interesting lashon: דהרי הוא מיוחד לתקיעה, דהוא אסור בשבת. Because the Gemara brings this. The Gemara brings one? Yeah, but we pasken that it's tekiah is lav melachah. It's not a— The Gemara asks the question; the answer the question. And the Gemara says ... We pasken ... Maybe it's Rabbanan, not ... דהרי הוא מיוחד לתקיעה, דהוא אסור בשבת? No, chachamim assered it. So the same chacham maaser over here, the issur. In other words, if you learn that the ki itself is aser, so you come and say the levels of issur. Here it's mamash aser. You're not allowed. Mamash melachah, it's mamash aser. So it turns into a keli shemelachto l'issur. Chachamim told us not to wear tefillin. He can't come and say wearing tefillin is aser on Shabbos. So that's what the Mishnah Berurah means, right? Mishnah Berurah is trying to say shofar, shofar is an issur on Shabbos. Shofar is an issur on Shabbos. And since shofar is an issur on Shabbos, so it becomes a keli shemelachto l'issur. That's not the reason. We pasken that shema yavrenu. Who are you? On Rosh Hashanah. Can I say not to blow shofar on Shabbos? Mar says no, it's not true. Kol melachos, avoid lo sa'aseh, yatza tekias shofar, or redias ha-pash, chacham ve'eino melachah. It's mutar on Shabbos, the shofar. Ela amar Rava, mide'oraisa misho shvari Rabbanan hu d'gazru bei. That's all right. So it's machlokes you and the Gemara. I'm not here. So write it down in your sheet, rabosai. David Shulman disagrees with the Gemara. No, no, no, no. I'm being modeh, I'm being modeh. Okay. You're giving in.
I'll give you, I'll give you. I'm not gonna be... It's, boys, I have a very big problem on this lashon Mishnah Berurah. Mamash, it's a scary lashon. Yeah, you hear a lashon of a Mishnah Berurah? Says the Mishnah Berurah, Tarei hu meyuchad l'tkiyah d'asur b'Shabbos. Not true. Not true. Not true. Don't tell me it's not true. What? I have the Gemara. It's the first Gemara. Gemara says that tekiyah shofar is mutar on Shabbos min haTorah. So ela mai means asru chachamim. So what's the pshat in this... Bishlema, if you learned that this is asur b'etzem, and tefillin is, the Chazal said not to wear it, okay, so I hear what you're saying. Tarei, shofar is worse. It's meyuchad l'tkiyah d'hu asur b'Shabbos, v'al kein mikri kelei she'melachto l'issur. It's the same thing. Chachamim said not to use it. Again, finish. What do you want? And I have more news for you. If anything, tefillin is worse than shofar, because shofar b'etzem is really mutar. Just you have a chashash, shema ya'avirenu daled amos ברשות הרבים. Masha'en kein here, you're not supposed to have tefillin on Shabbos, because Shabbos is ois, tefillin is ois. Try not to ask me. Try not to ask me. It's Mishnah Berurah, and I have a problem with it. You know, it's good reading if you don't know the fact. Once you know a little bit, and you know the Gemara, and you know the halacha, what's the... So nachon, rabosai. I hold some Mordechai Orr over here. Bishlema, you want to come and tell me... That kiyasheifer is also be'etzem issur, so we can say it's a keli shemelachto l'issur. But if it's a derabbanan, Hashem yavirenu daled amos ברשות הרבים, then what's the between this and tefillin? And moreover, tefillin is l'choira worse, because tefillin is betel. Tefillin, you're not supposed to wear on Shabbos. So why is it that the Mishnah Berurah makes it the other way around? What does the Mishnah Berurah mean? So this, you look on your sheets I bring down. V'tzarich iyun. Mai shna ha-tefillin d'shofer, ha-shneihem asru chachamim b'Shabbos. And not like the Mishnah Berurah makes it, it's asur and it's keli shemelachto l'issur. So what are you saying? It's the same thing. And if anything, write down, and if anything, tefillin should be worse. Okay. Let's come to be meyashev this shaila. What's wrong, Ilan? What's bothering you? You're not supposed to wear tefillin on Shabbos. So the tefillin is not on Shabbos. Shofer is allowed on Shabbos. Chachamim were afraid, you know, Hashem yavirenu daled amos. So how could this be more keili shemelachto l'issur than this? It's פלא. Let's be meyashev this shaila with a little information. There's a Mishnah in Beitzah, tes-vav amud aleph. You're allowed to send tefillin to your friend as a present on Shabbos. So you shteit from the Mishnah, Beitzah, tes-vav amud aleph. L'choira, this is not l'tzorech gufo, and it's not l'tzorech mekomo. You're sending a present to your friend on Shabbos. So let's bring a raya that muktzah of tefillin is muktzah like michamah l'tzel, that you're allowed to do it any tzorech. You know, it's not a keli shemelachto l'issur. L'choira, from here is a raya from this Mishnah that it's not dafka keli shemelachto l'issur l'tzorech gufo u'mekomo. The Beis Yosef stells on this raya. Beis Yosef says, what do you do with the Mishnah in Tezvav and Aleph and Beis? Says the Beis Yosef, it's still called tzorech gufo. Sending a matanah is a tzorech gufo. Why? You have hanaah. It's called hanaah. It's interesting. Comes out that a man sends hanaah and he sends a matanah. I don't know, maybe we could say that today's times people send for ulterior motives. In those days they takke hanaah, to mesameach another person. Al kol panim, this is called tzorech gufo. If you look on your sheets, I bring you down the Mishnah, Beitzah, daf Tezvav and Aleph. L'choira, mizeh raya shehave keli shemelachto l'heter, v'eino mutar ach l'tzorech gufo u'mekomo, sheharei l'shaleach matanah eino lo tzorech gufo v'lo tzorech mekomo. It's not called tzorech gufo, it's not called tzorech mekomo. Ay, Beis Yosef, shel'shaleach matanah havei b'emes tzorech gufo, shehamshaleach neheneh liten matanah. Comes out according to this Beis Yosef that the mekabel, though, who doesn't...
He says, had hanoah of sending a matanah, he should have a problem, because that's what the Beis Yosef says. To send the matanah is hanoah, so the mekabel, yitaka, will have a problem accepting it. And that's a פלא, because the same way he has hanoah to send the matanah, he zocheh has hanoah getting it. This, Rabosai, is a Rashba. If you look at the Rashba, the Rashba speaks out that the mekabel has just as much, if not more, hanoah than the nosen. So if the Mishnah talks about the nosen is allowed to send, that doesn't mean that the mekabel is not allowed to be mekabel. It's a consequence to the mekabel. Chiddush is the nosen is allowed to send. What? If the dropper, as soon as he gets it, once he gets it, put it down? Should he make a second... like eating a pistachio or something, or I mean, like you're saying? I don't know. I guess so. I mean, what should I tell you? Once you get it, you put it down. It's tefillin, tefillin is muktzah on Shabbos. What? How do you make kinyanim? First of all, kinyan is only d'rabbanan, it's not a big issue, and so you make a kinyanim, you're using it. Ah, yeah, okay, good, good tohoros. These are all shein horos, you hear? You hear what I want? More or less, what's bothering you? I'm rambling. You don't get me somewhere. I say again, the Mishnah. Mishnah, Beitzah: mutar l'shaleach tefillin b'matanah l'chaveiro b'Shabbos. U'licho'orah, mizeh raya d'keilim shemalachtan l'heter, because otherwise, why is it mutar? There's not tzorech gufo b'mekomo. Says the Beis Yosef, yes it is, that even though it's not tzorech gufo, the universal understanding of tzorech gufo, the way we always understood tzorech gufo, that you have from it. But in a roundabout way, you're having from it. Hana'ah al yedei this tefillin, because you're giving him a matanah me'iliah, havanah me'ila, it's called tzarich gufei. Question: are you trying, basically, to tell me and not the mekabel? Because you're saying by giving a matanah, yesh hana'ah. What do you mean, giving a matanah? What about receiving? What about the Mishnah? The Mishnah talks about sending. What about receiving? So there's a Rashba. The Rashba explains that the receiving is pashut. Of course he has hana'ah. The chiddush is the giving. Of course the receiving has hana'ah, and that's called tzarich gufei. So you state the Rashba. There's a klal: every keli she'melachto l'issur, I'm allowed to move for the other person. If I'm sending it to you, like I gave you the example, the hammer for the nuts, so once I say like this, I could say like that. The user, the receiver, is going to get, and he has the right to get. What about the sender? The sender, you don't have to come on to a heter tzarich gufei. The sender is anyway allowed to move muktzah. So what does the Beis Yosef want? I don't know what he wants. If the Beis Yosef held that the mekabel is allowed, so the sender doesn't need the tzarich gufei heter. You don't need it. That's the din. The din is all keli she'melachto l'issur, I'm allowed to move it if for you it's mutar. Why is that called a gufei? What? Why is that called a gufei? It's not. It's not called muktzah. There's no muktzah. You don't have to come on to a special tzarich gufo. I have a nofik; I have nofik. I don't have a nofik. I don't understand this whole beis Yosef. I never understood this beis Yosef. It's one of these pashas, those... You don't have to come on to the beis Yosef. Once you hold beis Yosef from maskim, that the other person is allowed to accept, unless you learn the beis Yosef saying the other person is not allowed to accept. The issue is not the other person's issue; you're sending it to the Mishloach, k'pshutei, and you have to come on to a heter tzarich gufo. So if you look, you should say, bring this down, b'tzarichiyim. Why not to l'shaleach mipnei haklal d'chol she'melachto l'issur, shari l'taltel k'dei she'chaveiro yishtamesh bo? Yesh l'falef b'zeh. We have to mefalpel. Maybe the beis Yosef did not hold, and that's why he doesn't bring this Rashba. He doesn't quote the Rashba. He doesn't quote that the other person is allowed to get it. Beis Yosef talks about the person giving it, and therefore he has to come on to a heter for the giver of what? Tzarich gufo. Otherwise you don't need the heter. If he's allowed to get it, you're allowed to send it. Now, Reb Kiveiger comes along and says a me'orei chidush l'fi this Beis Yosef. You want to send the chassan a present, leichter.
Kedlabrim, pamutos. Smokezu, but let's pay attention now. Tzarich gufa mekaymei, keili shemelachto l'issur, but you're having hana'ah, so I'm allowed to set. Sachter b'kiveiger, you're allowed to send the chassan leichters on Shabbos. You're a chassan. Keili shemelachto l'issur, but you're having hana'ah, so it's a tzarich gufa mekaymei. Why did Reb Akiva Eiger—Reb Akiva Eiger is on the Gilyon HaShas, it's on the Magen Avraham, siman ש״ו, se'if katan ט״ז. I got the one I want to point out. It comes out, I'm moired a chiddush. Why? Because we know today the leichters is מוקצה מחמת חסרון כיס. It's very expensive. I מסתמא in those days it wasn't. Otherwise, why would Reb Akiva Eiger say that it has a heter of tzarich gufa mekaymei? Depends what. Obviously it wasn't that expensive, right? It was cheap. And even though it was a chassan present, it was cheap. Unless you bring a raya from this Reb Akiva Eiger that all leichters are not מוקצה מחמת חסרון כיס, and we're going to discuss it maybe next week. There's a tzad to say that leichters are not מוקצה מחמת חסרון כיס because you have to know what the עיקר תשמיש is. Sometimes a keili shemelachto l'issur doesn't become a מוקצה מחמת חסרון כיס. It has to be keili shemelachto l'issur or a מוקצה מחמת חסרון כיס. We're going to discuss this. There's a whole issue in halacha if leichters become a מוקצה מחמת חסרון כיס. Iyun Reb Akiva Eiger that we just said. Al kol panim it's a keili shemelachto l'issur, and the shaylah is, should be asur to send on Shabbos? No, you're allowed to send the leichter here. Knock on the door. Who is it? Oh, Chaim, I'm bringing you your chassan a present. What is it, a becher? No, what are you telling us? Aleichten on Shabbos? The Kiveiger says you're allowed to do it on Shabbos, not a problem. Why? Because the keli shemelachto l'issur, and the sender is having a modeh hana'ah, this b'shvil Yosef. Yeah, but am I allowed to accept it? Yeah, according to the Rashba, 100%, because you're also having hana'ah. Shailah only is according to Beis Yosef, not the Rashba. Meaning, if you hold like the Beis Yosef, the way we're learning up the Beis Yosef, maybe it's only the sender and not the acceptor. So then you'd have to say, do me a favor, put it down, put it down. The only other question I would have is, how does the shliach, shliach is zocheh not having hana'ah, so how is the shliach moving it? I don't know how that works. The sender is having hana'ah, the acceptor, the Rashba holds, is having hana'ah. What about the guy who's meshaleach? He has hana'ah also. So somebody else has hana'ah. Like this klal, the whole thing falls off, the whole sugya falls off. You see, you don't have to come onto the tzorech sugya, as long as it's mutar for him, it's finished. Meaning, memanach shech the Beis Yosef has to come onto the heter that since I'm doing it for the guy that it's mutar for, it's anyway mutar. Let's move along. The Mishnah Berurah in se'if katan chav daled brings the machlokes haposkim we just said, if it's a keli shemelachto l'issur or a keli shemelachto l'heter. In siman taf kuf tes vav, by Yontif, the Mishnah Berurah brings, b'les cholek, he doesn't say it's a machlokes, that you're allowed to send tefillin on Yontif. He brings that Mishnah. He doesn't bring it by Shabbos. It's brought by Yom Tov. It's a Mishnah in Beitzah, and he brings it. Wait a second. L'choira, the Mishnah Berurah, who held that could be it's a keli she'melachto l'issur, so how do you explain that you're allowed to set? And the teretz is this Rashba, this Beis Yosef, which means that even though it's not l'halachah, you should know that it is l'halachah. That this Beis Yosef in the Mishnah must be, because the two ways to learn is either it's a keli she'melachto l'heter. Are you sleeping? You can't sleep. Here we have a machlokes if it's a keli she'melachto l'issur or a keli she'melachto l'heter. L'halachah, we pasken — the Mishnah Berurah doesn't bring down that there's a machlokes over there on tefillin, on Yom Tov. So either you say because it's like dei Rishonim over here, because it's a keli she'melachto l'heter, or you have to say that he held of the Torah of the Beis Yosef. The pashut, he wouldn't speak it out. I mean, why didn't he speak out why it's mutar? Why would the Mishnah Berurah not come with explanation, how come it's mutar if it's a keli she'melachto l'issur? And tell me the Beis Yosef.
Tell me the Rashba. Unless you learn, and I hold this is emes, the Mishnah Berurah is taka machria like the first shita. He brings the Magen Avraham and the Taz and everything, and if you look at the Biur Halacha, he's taka machria. Only thing is, why is it b'shaas hadchak? If it's b'shaas hadchak, so then the din of tefillin is only b'shaas hadchak, unless you hold like the Beis Yosef, and he doesn't bring the Beis Yosef. That's a shtickel peleh. Are you with me? You're a genius. You're goyin adir, from the core. The Mishnah of Beitzah, the halacha in tof kuf tes vav, that you're allowed to send tefillin on Yontif, can only work out one of two ways. Either you hold that it's a keli she'melachto l'heter, and if the Mishnah Berurah doesn't explain why it's mutar there with the Beis Yosef and everything, he must have paskened that's a keli she'melachto l'heter, even though here he brings a machlokes. Or you pasken that it's a keli she'melachto l'isur, like the second side, the Taz and the Magen Avraham, and then you got to start coming on to the Beis Yosef and the Rashba over there in tof kuf tes vav. So the question is, why would he not bring it? The teretz is, mistama the Mishnah Berurah taka held k'dei rishonah, like he says over here. He says like dei rishonah. In the Biur Halacha that we quoted, it says that the Gaon and everything says k'dei rishonah, that it's mutar. Then why does he say it's shaas hadchak, sending a matanah heista shaas hadchak? It's not a shaas hadchak. According to this, it should come out that it's taka keli she'melachto l'isur, and I have to come on to the Beis Yosefs in tof kuf tes vav. Because it's taka not a shas hadchak. Okay. Hatzad shetefilin keilim shemelachto l'heter. Now I want to explain to you what is the tzad that's a keli shemelachto l'heter, the Rama. Why should it be a keli shemelachto l'heter? It's aser. Tefillin, Chazal assered it. It's no different than shofar. So be'emes, if you look at the Beis Yosef, he brings from the Rabach and the Terumas HaDeshen, and that's what the Rama is quoting. You see? The Rama by us says that it's a Terumas HaDeshen, you see? So the mekor that it's a keli shemelachto l'heter is actually Terumas HaDeshen. What is it? It's asur l'haniach tefillin b'Shabbos v'Yom Tov. It's not terumah, it's not aser. Chachamim said not to do it. Therefore, you're not even allowed to send tefillin, and you don't have to come on to the din of toreach gufo, that it's a simcha. Why? Because mutar. It's not a keli shemelachto l'isur. Let's read the lashon of the Shulchan Aruch in Orach Chaim. B'Shabbos v'Yom Tov asur l'haniach tefillin. It's a very interesting lashon, huh? Also l'haniach tefillin. What do you mean? Mechaber: Shabbos v'Yom Tov asur. Yeah, Terumas HaDeshen, it's asur. You're making it sound nice, it's not asur. Chachamim said... Not two, yeah, it's like a chumra ba'alma. Shtei techos. This is not my kasha. This is the Taz and the Magen Avraham, that mimeila boyais, that's a keli shemelachto l'issur, because look at the lashon of the Mechaber. Mechaber says asur. And they say it's a tzarichin gadol. It's a tzarichin gadol to come and say like the Trumas HaDeshen, that it's not a keli shemelachto l'issur. The Mishnah Berurah, the Shulchan Aruch says it's asur. So if you look in Yeshiva, I bring you the Beis Yosef, that brings the Ralbach and the Trumas HaDeshen. Mihu tzarichin, I bring you the kasha, the Taz and the Magen Avraham. Comes along the Pri Megadim and he says a teretz. And he says that when is it asur? It's only asur if you want to wear it for tefillin. But if you want to wear it for shmirah reasons, there's no issur. Now, boysai, did I just read the Mishnah Berurah with you? Does this Mishnah Berurah agree with this Pri Megadim? Well, let's see if you can figure it out. Does the Mishnah Berurah agree to the Pri Megadim? No. He says clearly not, because the Mishnah Berurah in the Magen Avraham, the Taz, explains what's called tzorech gufoi, that I do it for shmirah. Once I do it for shmirah, according to Pri Megadim, there's no issur in the first place. Right, it's Mishnah Berurah עצמו.
No. It doesn't. The Mishnah Berurah is saying it's the heter of tzorech gufo u'mekomoi. Ah! Can I throw it? What are you doing? According to the Pri Megadim, it should come out that if I wear it for shmirah, lo al ze ne'emar ha'issur. It's kisvei hakodesh, avada. The Mishnah Berurah is learning up that what's the case of tzorech gufo? The Pri Megadim's case of when it's takanah asur in the first place to wear tefillin. So then it becomes out that it's not a keli she'melachto l'issur; it becomes a kisvei hakodesh. So you see from the Mishnah Berurah that even if I did like the Pri Megadim and I wore it for shmirah, what is it? It's still a keli she'melachto l'issur, but it has the heter of tzorech gufo. This Mishnah Berurah is klar not like this Pri Megadim. Rabbi Yis, you should be jumping. This pashut pshat in the Mishnah Berurah. You see the Mishnah Berurah didn't hold of this. Dai! You understood what I just said? It's klar that according to the Pri Megadim, what do you mean it's a keli she'melachto l'issur? No, Pri Megadim, it's not. Why is it not? Because you're doing it l'tzorech gufo; you're doing it for shmirah. So the Mishnah Berurah comes along and says, what's the case that it's according to the Taz mutar? The Pri Megadim's—what do you mean, according to the Pri Megadim, it's not a keli she'melachto l'issur anymore in that case. Ay, you'll ask me, give me another case of tzorech gufo. No. No. See, what other tzar gufa could there be? Tefillin is one of two things: I wear it or I wear it. There's only two things. I can't play baseball with tefillin, right? So I can't use it as a chair, as a pan, as a pot. No, give me a case of tzar gufa. What? Shmiras is not tzar gufa. Can't. Shmira is a case of mutar. No, that's not tzar gufa. Thank you. Good for coming today. What would I do if you didn't come? I would have a hospital here. It says the case of the gift, no? Talk about if you held this would be a beis Yosef, so bring the Beis Yosef. And you see he goes out of his way. Look at the brackets of the Mishnah Berurah. Look at the brackets. Goes out of his way. What's called tzar gufa? Hainu. You see the bracket? You saw it? Who has the brackets? Read the brackets. Hainu. What does he bring? Any case. That case is not. That case is not even muktzah. That case is not muktzah. Now you're looking for a tzar gufa, that's your problem? I'll tell you. Beis Yosef, the Mishnah. That if I send a matanah, it's called a tzar gufa. I want him to send the matanah on Shabbos, I can send tefillin. But then you would know it's a kli she'leheter. Again, a keli shemelachto is mutar. Only tzar gufa. Hainu, give me an example. Send me a matanah, finish. There's no other case. Ela mai what? Because he's wearing it for shmira, then it's not a kesher of lisser anymore, if you hold of the Pri Megadim. So you see that he didn't hold of the Pri Megadim. Because according to the Pri Megadim, if I wore it for shmira, it's not a kesher of lisser anymore. Right, so maybe the same thing as Mishnah Berurah. He's saying not. He's saying it's the heter of tzorech gufai. It's only mutar, tzorech gufai, the heter of tzorech gufai and the heter of tzarich mekaino. It's not the heter of tzorech gufai anymore. It's just not muktzah once you're wearing it for shmira. So which means it's not a kli heter, it's not a kli issur. Tzorech gufai means it's a keli shemelachto lisser, and it has the heter of tzorech gufai. It's not muktzah once you're wearing it for shmira. You need it to be wearing it l'shem mitzvah, and still it's a keli shemelachto lisser, and there's a special heter called tzorech gufai. So bring me Yom Tov that I sent, the case of beitzah that I sent, as a matanah. There's nothing else. Once you're wearing it for the sake of shmira, then it's not muktzah anymore. If you held of the Pri Megadim, it's not. Do you want to see what I want? Besides a little more water. That's what I really want.
I bring down on the sheets, U'mehameshiburos siv katan chavdaled, muchach lo kein, shematiroi lefi haMagen Avraham b'tzorech gufoi, ki sheloyv shelo l'shmirah, u'lefria Pri Megadim, gan daled tzarich heter. You don't need a heter bichlal; it's not muktzah in such a case. There's another shaila I have. The Pri Megadim, in his klalim of muktzah, in hakdamah to siman shin ches, he discusses a keli that has two usages: keli shemelachto l'issur usage and keli shemelachto l'heter usage. Issur usage and heter usage. How do we know how to define the keli? He says we go after rov. Tell me, rov of the tefillin is for shemirah, that's why— I mean, maybe, maybe it depends what community you live in. Depends to who. Pashut it's for mitzvah, yeah? So you're not gaining anything, Pri Megadim, with your rule. You gain nothing from it. That's in the Mishnah Berurah, sif katan yud. Go ahead. Mishnah Berurah, siman ches, sif katan yud. I'm gonna start turning the tables over in a minute. Go ahead, Nu. I'm sorry, afilu rak— which means this Pri Megadim, yeah? As long as rov— tell me, tefillin isn't rov for the mitzvah? If it's rov for the mitzvah, you're finished. Pri Megadim. So what is he talking— Another kasha. It's also a kasha on the Mishnah Berurah. It's a kasha. The whole thing is a kasha. What's going on? What do you want? No, the Mishnah Berurah's not a kasha, because keli shemelachto l'issur, but you're allowed to use it l'tzorech, ein hachanami. But it's not called— shmirah is not called tzorech. Tzaragufei. That's called tzaragufei, tell me. Oh, for the zrulim. Yeah, yeah, yeah, okay. The Rif is recently only if you're picking it up and you're not using it for a specific purpose. Now, like if you pick it up, so is it muktzah? But if you're using it for a specific purpose right now, then it's the heter of tzaragufei, that's what I'm telling you. Mishburah is good, no? Mishburah is good. It's tzaragufei is mutar, but don't come and tell me it's not muktzah. Don't come and tell me because you're wearing it for shmirah it's not muktzah. What are you talking about? What's the Mishnah Berurah talking about? Not a kasha. What? Not a kasha. Tell me, tefillin. Would you use tefillin for anything but wearing it for tefillin? No, right? Why is it not a muktzah machmas chisaron kis? Especially the tefillin that we have today, expensive. People pay a thousand dollars for tefillin. All the rules of muktzah machmas chisaron kis apply by tefillin. So how could you come and be matir it? Al tehei leishim lachta ela. So what happened to the muktzah machmas chisaron kis? What's the kasha? It's expensive. Tefillin are a very expensive thing. Would you use tefillin, anything but tefillin? You wouldn't use it. You wouldn't. So it's a muktzah machmas chisaron kis. So if you look on your sheets, I bring this down, and I found the kasha. The Mishmeres Shabbos, Hilchos Neibert, brings down that the Tosfos Shabbos asks this kasha. Why do we discuss tefillin, al tehei leishim lachta ela, or a keli shemlachto l'heter l'tzorech chasar, shelo l'tzorech chasar? It should be aser completely as muktzah machmas chisaron kis. So he brings a teretz, that it's no different than kis shel kodesh. Which means it is different, because you see that it's not stam mutar, but since it's kisui hakodesh, it's not as strong as regular muktzah machmas issur and kis that it's asur l'gamrei. Right? Kisui hakodesh will matter. Now, I don't know what he means by that exactly. I mean, ma nafshach: kisui hakodesh mutar because it's mutar, because it's usable, it's oichel, you use it. But if you're not using the tefillin anyway on Shabbos, and you wouldn't use it because it's muktzah machmas issur and kis, you'd be careful, so then it is a muktzah machmas issur and kis. I mean, what do you say? You couldn't give kisvei hakodesh a din of muktzah machmas issur and kis. So he asks it over there. He says he doesn't understand the whole taisafah, the whole thing doesn't make sense. What is he saying? Taisafah asks this for a kasha: what happened to muktzah machmas issur and kis? And the teretz is, it's for kisvei hakodesh. So, let's read it inside. This is the lashon he brings: V'teiretz shechashivi kikisvei hakodesh, shekili tfei, v'lo shayach bahem muktzah machmas issur and kis. Why not? So he brings from Reb Shlomo Zalman a different pshat, why there's no muktzah machmas issur and kis. The Reb, the heilige Reb Shlomo Zalman...
What is a tachshish? Tachshish is like this. It's not muksa machmas chisaron kis, because the same usage on Shabbos you're doing now also by wearing it for shmira. It's a different tachshish. It's the same tachshish. So you're doing the same action as before, so you don't change the tachshish. So that's why it's not called chisaron kis. It's not issur. Issur is only when it's a different tachshish, which is you would care about it. Here it's the same tachshish as before. Yeah, but you would care by not using it for a different tachshish. Over here it's the same tachshish wearing it. But how would you care? Every muksa machmas chisaron kis is that. No, using something for something else. When something is very expensive, right, you wouldn't use it for different use because you might break it. Over here it's the same usage. So there's no such thing you wouldn't. Listen carefully. Muksa machmas chisaron kis means it's something that you wouldn't use for something else. Meileh it's muksa even to move on Shabbos. Right. I'm telling you, but you don't know that it's only— you don't know that since you're using it for the same thing, it's not muksa machmas chisaron kis. The chisaron kis is not that you're doing something else with it. Since it's something that you wouldn't do something else with, mimeila, because it's a chisaron kis, to use even for its purpose. But over here it doesn't exist such a thing, such a metzius. Again, if you need tzorech, a becher would be a muksa machmas chisaron kis, you wouldn't be allowed to use it for a becher. Because it's different tachshish of it. It's a becher. I understand, but there is different tachshish. That's why it's asur, and a charam. But over here it's different. It's all one same levush. Why is it not the same levush? What are you talking about? One is for mitzvah, one is without a mitzvah, that's it. But it's the same levush. It's only one usage of tefillin. I'm saying what else could it be for? I'm saying, for instance, tefillin could be also for other things. There's other things. Only for shmira, which is again levush, it's all the same levush. It means since there's no metzius of muksa machmas chisaron kis, that doesn't כלל mean. In other words, it can never be not muktzah machmas chisaron kis, because there's nothing you can do with it. Then it should give it the din of muktzah machmas chisaron kis. That's what Reb Shlomo Zalman wants. Reb Shlomo Zalman says a yesod: since the usage, before and after, and all the time, is all the same, there's no shem muktzah machmas chisaron kis over here. Let me ask you a question, but before, let me just knock him off the map. Tell me something. A fancy watch, we'll call it—you know, what do they call that? A Breitling. What else are you going to do with it? It's the same thing. I don't know what you want. And there the heter is because you're not moving it, otherwise it'd be aser. That's not pashut. Hang something with it. Huh? Hang something with it, or you could... hang something? I don't know. Something with it. Hang something. You could hang it and make a noise. Okay, I'll ask you another kasha. Let me tell you over what Reb Shlomo Zalman says. A Breitling is muktzah machmas chisaron kis. Why can't you open it? Because muktzah machmas chisaron kis. Technically it shouldn't be allowed, so the heter, the posekim say, is that I'm not really moving it. It's going back and forth, but I'm not moving it. Otherwise you shouldn't be allowed to move it, taka. Yeah, but it's muktzah machmas chisaron kis. You wouldn't do anything with your Breitling besides Breitling, and if anybody touches it, you would hit him, right? Especially when you have kids. If your kids touched it, they'd get banged for it. They'd get hit for it. Everybody, is this only according to the people who hold ... that could have muktzah? Yeah, that's ... but we pointed out it's not a sukkah. Correct. Pointed out it's not a sukkah. It's not so poshut what that halacha is. Many hold like that, many hold not like that. Okay. Now, ... for this. And I'm using it to wear it, I'm using it to wear it, and the only thing I can do with it is to wear it. So there's no muktzah machmas chisaron kis. That's just Reb Shimon's ... I have another shaylah. Ready? In order for something to be muktzah machmas chisaron kis, or muktzah mekeli shemlachto l'issur, or anything, it has to be a keli. We spoke about this, remember? If it's not a kli, there's nothing what to talk about muktzah. What does the Mishnah Berurah say by mulad?
It doesn't have a shem kli klal. Why not? Shh. Why not? Because a lulav is not a kli. What do you mean? For your tashmish, I'm using it for, right? Usage. So, bemes, there's a Tosfos in the beginning of this fourth perek of Sukkah that discusses the kanim of the lechem hapanim. The kanim. You're talking about the trays. It's charitzah, it's kli, it's not muksa. Why? It's not a kli. Mitzvah doesn't make it into a kli. And he brings lulav, and that's where this Mishnah Berurah comes from. That Tosfos. So you'll say lulav, because lulav is a vegetable. Okay, fine. So you want to say lulav is a vegetable. It is, by the way. Bread. Lulav is a vegetable. It's a branch. Fine. But kanei lechem hapanim is a utensil? No, because mitzvah doesn't make it into a utensil. Look at the Chazon Ish. He has a big arichus, ha'itachen, what are you talking about? Why? What Tosfos? Weird. Why are you arguing with the Tosfos? Okay. Even the Chazon Ish argued with the Tosfos. Okay, whatever. Since it's mitzvah, mitzvah doesn't make a kli. Correct. Something which is from a mitzvah does not become a kli. Maybe I must be dreaming here a little bit. What is tefillin? Yeah. You started off the halacha that it's tefillin. Then all of a sudden, lulav, it's not a kli. So you understood lulav is not a kli because it's not, because it's a branch, right? Because it's a vegetable. That's not where it comes from. It comes from the Tosfos, where Tosfos says clearly, because anything that's shem mitzvah... Has no use besides the mitzvah. Mimeila what? It's not a kli, because the whole purpose of the mitzvah. The shaylah is, then what's tefillin? I want to say a yesod. Tefillin is a malbush. Tefillin is a malbush. It's a malbush that has a mitzvah to wear. It's not a malbush of a mitzvah. Otherwise it wouldn't be a kli, because of that pasuk. The difference between malbush that's for mitzvah, its purpose is only mitzvah. Kanei lechem hapanim only can be used for lechem hapanim. Tefillin is a real malbush. Tefillin can be used for shemirah also. It has a din malbush. B'gad, it's a malbush that has a mitzvah. Mimeila, it has a din kli. No shaylah from that Tosafos. Now let's go back and see what Reb Shlomo Zalman is saying. So Reb Shlomo Zalman, I'm ready to convert. There's no muktzah machmas chisaron kis, because the same usage on Shabbos is the usage of chol, by yilbisheim l'shemirah. He'll wear it for shemirah. What do you mean? I don't see what you're saying. There's a mitzvah to wear it, and grad you could wear it for shemirah. Shemirah is also a mitzvah. I don't know if it's a mitzvah. The point is, forget if you see shemirah is not a mitzvah. The point is, but it's a malbush. In hilchos malbush, the wearing and the shemirah is all the same thing. There's no such thing as, like, we're for this or we're for that. That's your mitzvah. It doesn't say that anywhere. You can't do this to melaveh shemirah with halacha. There's a halacha shiur, and there's shmira in school, and— No, it's in school. They go with the chumrah. I don't want. Shmira is not a mitzvah. Now, mitzvah is mitzvah and shmira is shmira. That's you. That's your opinion in the chinuch. L'maaseh, when we say something's for a mitzvah, we don't say that you're חייב for shmira. Period. You won't discuss it afterwards. I know what you want, but— You yourself said in the shiur. I never said that. I said there's a mitzvah to have shmira, but that the shmira is a maaseh mitzvah, it's not. There's a mitzvah to have shmira, but that doesn't mean that the doing of shmira is a mitzvah. It doesn't say that. It's not one of תריג mitzvos. A person goes around with an eyeball on a chain is not one of תריג mitzvos. It's not. I'm sorry to tell you. There's a mitzvah to have shmira, but the shmira itself is not a mitzvah. Correct. Okay. It's not a maaseh mitzvah.
The point being, point being, is there such a thing as tefillin for the mitzvah and tefillin for the shmirah? I don't think so. I think it's the same thing. Tefillin is to wear tefillin, and whatever the tefillin is, that's why it's a malbush. Whatever tefillin stands for, gad now it's a malbush. This malbush has a mitzvah. The mitzvah is the mitzvah of tefillin. This malbush has shmirah. We don't say that it's a malbush of mitzvah. For example, tzitzis. What is tzitzis? Tell me, is tzitzis a malbush of mitzvah, or it's a malbush that you mekayem mitzvah with it? It's a garment you wear. Every minute you get a mitzvah, but it's a malbush. It's a malbush. It's a malbush that has a mitzvah. It's not a malbush shel mitzvah. Lulav is a malbush shel mitzvah. Lechem hapanim is a malbush shel mitzvah. It's a kli of mitzvah, whatever you want to call it, a kli of mitzvah. A kli of mitzvah is not a kli. A malbush of mitzvah is not a malbush. It's not a kli. A malbush which you have a mitzvah for wearing, that's a malbush. Zot Reb Shlomo Zalman gevaldik, like tzitzis. That's exactly. Tzitzis is not comparable to tefillin. Who said? Because one is you can throw a guy into garbage, and tefillin you can't throw in the garbage. That's different. One has sheimos, one doesn't have sheimos. It has to do with... Huh? It has to do with because kedushah, there's no kedushah tzitzis. There's nothing there. Talk a little more about lulav. What? Lulav is a kli, and it's only a kli because of the mitzvah. There's nothing else there. It's not that we take a lulav l'shem mitzvah. We take a mitzvas lulav. It's not the taking of the lulav for a mitzvah. It's a mitzvah to take a lulav. Tefillin is the malbush of tefillin, which you mekayem a mitzvah with it. For example, would there be an inyan to walk around with your lulav all day? Kiyecha yotzei, finished. Anything more than that, there's no chiyuv. But, but, slowly, slowly, we find that the Rishonim used to walk around. The Gemara brings down that they used to walk around the lulav all day. Chibah mitzvah. That's chibuv mitzvah. That's chibuv mitzvah. Tefillin, is there a mitzvah all day? Avadah. You're mekayem the mitzvah. Yeah, so what's the pshat? I'm saying, once I put it on, I'm yotzei. Yeah, but it's a malbush. Once it's a malbush, then the mitzvah is constant. The malbush is a constant thing. It's like you have too many halachos in tefillin. Sleeping with tefillin, shailos of—right, there's whole shailos, kedushas Hashem, but chutz from kedushas Hashem. For example, would you be allowed—I have a question—would you be allowed to walk around with tefillin in a reshus harabim on Shabbos? It's malbush. Depends if it's shulchan aruch, no? But how's it a malbush? It's only a mitzvah. Can I walk around with my lulav and esrog on Shabbos? Why not? Can I walk around with my tefillin on Shabbos? Yeah. Technically, the only thing you're not supposed to be wearing tefillin on Shabbos is chutz from them, like tzitzis. Can I walk around with tzitzis? Yeah, because it's a malbush. Avada, it's a malbush. Malbush of mitzvah is not the same thing. Malbush that has a mitzvah is not the same as malbush of mitzvah. It's two different things. Okay. Now let's go back to Reb Shmuel Zalman's p'sak. Reb Shmuel Zalman's ta'ina is, the wearing for the shmirah and the wearing for what you wear on the weekdays, it's all the same. No, it's not. What do you mean? It's the same? You wear it on the weekdays, it's a mitzvah. You grab the wearing it also for what? For shmirah. Right? You know what I'm doing? It's a pashut sevara. What do you mean? It's not the same.
The answer is, there's only one thing you could do with tefillin, is to wear them, right? Yeah, but I would only wear them when I have to wear them. I'd only wear them for the mitzvah. I mean, you takkeh see it when a guy wears them if he's running around, he wouldn't wear them. Yeah, but you're missing the point. It's a malbush. In hilchos malbush, there's no difference between shmira and mitzvah. So it can't become מוקצה מחמת חסרון כיס. Pri Megadim comes along and says, if I wear them l'shem mitzvah, then it becomes a keli she'melachto l'issur. If I wear it for not l'shem mitzvah, it's not a keli she'melachto l'issur. So I asked you a kasha, but rov tashmisho is for mitzvah. So what's the Pri Megadim talking about? The teretz is, he's telling you a yesod: there's no such thing as for only mitzvah. There's no such thing as tefillin is that it's miyuchad for this. Tefillin is a malbush. It has in it shmira, it has everything you want in it. V'rov kol amei ha'aretz is a chelek of what the tefillin is there for. It's not miyuchad takkeh for mitzvah. It's a malbush. Grada, there's mitzvah. Grada, there's no miyuchad for mitzvah. Or both, or whatever it is. It's a malbush. I asked you a kasha: how could you come and say that if you're wearing it for shmira—what do you mean? But it's dichuy miyuchad for mitzvah, no? What do you see from this Pri Megadim? It's not true. What's negea to the kli? The kli of it is not mitzvah. The kli of it is also for shmira. It's a malbush. What? I don't know if I want to say mitzvah kiyumis; avada it's for that purpose of the mitzvah. But what it is is not only the mitzvah; it's taka malbush. You know, when you're chazak allowed to take off his tefillin, what do they say? Hoireid edycha me'alecha. What is edycha? Well, it's your ornaments. Tefillin is an ornament. Pe'ercha, it's an ornament. It's a levush. You have to know it's a din malbush. Tefillin is a malbush. Hoireid edycha me'alecha, pe'ercha me'alecha. Pe'ercha is an ornament. It's an ornament. Tefillin is an ornament. And therefore it's mutar to carry on Shabbos. I mean, a shaila, halacha l'maaseh, can I walk out with tefillin on Shabbos? If not for the problem of... Okay, so let's get back to halacha l'maaseh now, and I'll show you how it's... Now we'll talk about that. I'm happy to. It's always not lashon. Let's discuss halacha l'maaseh. Tefillin is on top of a tallis. Tefillin is on top of a tallis. Are you allowed to move it? So if you hold tefillin is keilim she'melachto l'heter, avada, mechamah l'tzel, l'tzorech, whatever you want, you're allowed to use, as long as it's l'tzorech something. If you hold it's a keili she'melachto l'isur, ah, now you're having a problem, because you don't need the tefillin. You need the makom, huh? So let's go take a look at halacha l'maaseh, the following two places: se'if katan samach zayin and se'if katan nun vav. Okay, read Mishnah Berurah, Shin Ches סעיף קטן ס״ק ז'. No? Now, if you, צריך מקומו means if I need the place that the kli is on, which means I need even the thing. I don't even need מקומו, I mean I need the thing that's under it. That's also called מקומו, because pashtus מקומו means I need the place, right? So if I need the thing that the keli is on, it's also called מקומו. If you look at סעיף קטן ו' also, the same case, where the מוקצה, the keli, is on top of something that I need, and that's called מקומו. So l'choira should be mutar, yeah? Let's take a look at Mishnah Berurah, Shin Ches סעיף קטן י״ב. ולמעויין כלי שמלאכתו לאיסור, צריך מקומו, is that a heter or it's mutar l'chatchila? We spoke about it, right? That keli שמלאכתו לאיסור is only mutar where I have no choice.
But if I have a choice, better off, continue, continue, no. That's the whole Yud-Beis? Okay. Meaning, if I'm able to do it b'heter, because it's a heter we explained last week. So tell me, should I rely on Shabbos morning to move the tefillin away to get the tallis? Not if you hold zeh keili v'anveihu, that's not. If you hold zeh keili v'anveihu l'heter, so you don't have to do it erev Shabbos. There's no problem, just go move it. We pasken like the Magen Avraham then. We pasken like the Magen Avraham, but it's only b'shaas hadchak, the Magen Avraham. But if you hold it's keili v'anveihu, you better take care of it before Shabbos. Better move the tallis, the tefillin before Shabbos, because it's only a heter. Tzarich gufei, makomei. You're right. Maskif, it's called tzarich gufei makomei, but it's a heter tzarich gufei. It's only if you have a choice. For example, I have another Shabbos tallis. I have another tallis. Go use the tallis. If I have two tallises, and one has tefillin on top of it, go use the other tallis. But if you hold it's keili v'anveihu l'heter, do I have to use the other tallis? Have a nice day, everybody.