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Laws of Basis Ledavar Ha’asur

Kavod HaRav,

A question about muktzeh (basis le’dvar issur)

1- If a ‘cleaning lady’ (ozeret) places the remote controls (muktzeh machamas chesron kis?) to an electronic device on the couch does the couch (or that cushion) become “basis” muktzeh? (On one hand she did not get direct consent to do specifically that on the other hand she has indirect consent to clean as she pleases; there is no direct benefit to the owner for this; and she has no intention of the remotes remaining there after the stars appear)

2- If a person doesn’t realize that something is muktzeh, is that considered as mistakenly placed it and therefore the supporting thing does not become a “basis” ?

3- Anyone who does not know the halachos can be considered a “tinok shenishba” ? and if so is a tinok equal to a child who cannot make something “basis le’davar issur”?

4- Anyone living in his parents home: is there ‘implicit consent’ to place objects where one wishes or does the father own everything and therefore one living at home cannot make something into a basis ledavar issur?

Answer:

1. This would not make the couch or cushion a basis. Only intentional placement by the owner can make something into a basis, and not placement by somebody else, when this is not what the owner wishes.

2. Even if a person doesn’t realize something is muktzeh, his placement is considered intentional, and the item on which it is placed would become a basis. The halachic status does not change because of a person’s halachic knowledge or lack of it, and this would not be considered “mistaken” placement.

3. Tinok Shenishba is a specific condition for somebody who grows up among non-Jews, and therefore cannot be blamed for his sins and for his wayward beliefs. This does not apply to an everyday lack of knowledge — for under ordinary circumstances, a person is able to study and learn. This does not have ramifications for the laws of basis.

4. The question of a son making something of his father’s a basis is discussed in Minchas Shabbos (89), who remains in doubt as to the halachic ruling. There is room to be lenient where required.

Sources: See Rema 309:4; Magen Avraham 8.


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