Tuesday, October 17, 2006

Shailos and Torah From Yom Tov I

I hope everyone had a nice Yom Tov. Over Yom Tov I heard some interesting divrei torah and soem interesting halachic shailahs. I will try and write about them in the next few days.

Shailah I:

This year, Shimini Atzeres was Shabbos and Simchas Torah fell out on a Sunday. This raised the interesting question of whether one would be allowed to move the lichter from the sukkah into the house on Motzei Shabos. The issue is that the lichter was muktzah the whole Shabbos, including bein hashemoshos Shabbos evening. We have a klal that something that is muktzeh during bein hashemoshos is muktzeh the whole day. Therefore, why don't we say that since the lichter was muktzah during bein hashemoshos on Erev Simchas Torah, it is muktzah the whole Simchas Torah and one can not move it until after Simchas Torah.

The answer is actually pretty simple and is a b'feirush Tosafos in Beitzah (Daf 6 and 30). Tosafos says a klal that we don't say "migo l'yom sh'avar". In other words we don't say that if something is muktzah bein hashemoshos due to the previous day that it is muktzeh teh next day as well. Therefore, in this case the lichter is only muktzah bein hashemoshos because of Shabbos and therefore would not be muktzah on Sunday, Simchas Torah.

What is more interesting is some of the discussions in the achronim regarding this topic.
Rav Akiva Eiger (Siman 6) brings to proofs to this Tosafos. He writes that at one point it was possible for YomKippur to fall out on Friday. If we didn't say "migo l'yom sh'avar" then we should say that the food is muktzah bein hashemoshos of Friday evening and then it would be muktzah the next day on Shabbos. How would it ever be possible to eat on Shabbos? From here you see we don't say "migo l'yom sh'avar".

Another nafka mina that Rabbi Akiva Eiger brings is when Shabbos is the day after Pesach. Can one eat chametz on that Shabbos. Again, since we don't say "migo l'yom sh'avar", the chametz would not be muktzah on Shabbos.

The Shemiras Shabbos (Perek 22 very end of footmote 1) does bring a case where there is a problem. When the lichter is still lit bein hashemoshos of Friday evening (eg. a yartzeit candle) , he quotes Rav Shlomo Zalman as saying it could be muktzah on Shabbos. The sevara to say it is assur is because it would be similar to a sukkah on the eigth day Sukos. Tosafos writes (Beitzah 30) that even though we don't say "migo l'yom sh'avar", since one has a chiyuv to sit in the sukkah bein hashemoshos because it might be Sukkos, the sukkah is muktzah. The yartzeit candle could be similar to this case however, the Shmiras Shabbos leaves it a s a tzarich iyun. ayin sham.

Another interesting mareh mokom on this sugyah is the Kehilas Yaakov in Beitzah Siman 2.

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