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             Rosh Kollel: Rabbi Mordecai Kornfeld
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Beitzah 009: Ladders

aaron massry asks:

The gemara says that a ladder thats made for costruction is prohibited to
carry to another chicken coop on yom tov cause people will say that he is
moving it to construction purposes.If so every keli sheme'lachto lei'sur
should not be allowed to be handled even for pupose of permissible
purposes,for instance we know a hammer may be used to crack nuts on
shabbat.Shouldn't we be concerned that onlookers will assume your taking
the hammer to go build something?

----------------------------------------------
The Kollel replies:

1) Your question may be answered if we look at the Mishnah Berurah in Bi'ur
Halachah OC 208:19, DH Sulam. The Bi'ur Halachah cites the Bi'ur ha'Gra who
sides with the Rashba, that the only prohibition is to transport the ladder
from one place to another, while merely moving the ladder around in its
place is permitted.

2) This means that according to the Rashba, the ladder is not actually
Muktzeh. Rather, the prohibition involved is that if one moves it around
between different chicken coops, this arouses a suspicion that one is going
to do construction work on the roof. In contrast, merely carrying it a
short distance is permitted.

3) This is why one may use the hammer to crack open nuts. The only activity
which is prohibited, according to the Rashba, is conspicuous transporting
of this noticeable ladder, while merely moving around a hammer does not
arouse suspicion that one is going to build with it; the only forbidden
activity is moving around a large object from one place ready for
construction to another similar place.

Kol Tuv,
Dovid Bloom


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