Question: Are children’s toys or games considered muktzeh – prohibited for use on Shabbos?
M. Goldman
Via E-mail
Answer: Rest assured, we will not find most children’s toys prohibited for play on Shabbos, at least in the view of Rema. Let us delve into this matter and explain.
Children find amusement in simple, valueless objects such as cardboard boxes, Popsicle sticks, and colored pebbles, articles that have no value to an adult. Are these, in fact, muktzeh on Shabbos? Valueless objects are usually muktzeh, since they are not designated (muchan) for any Shabbos use.
The Gemara (Shabbos 49b-50a) discusses how one may prepare them for Shabbos use, thus allowing them to be handled on Shabbos. For example, palm branches are muktzeh. Yet Rabban Shimon b. Gamliel states in the Gemara that if a person merely appropriates them for a use that is permitted on Shabbos, such as sitting upon them, the prohibition of muktzeh falls away. And the Gemara openly states that the halacha follows Rabban Shimon b. Gamliel. The Rishonim note that elsewhere (infra Shabbos 142b), the Gemara states that when a rock is used to cover a barrel, it nevertheless remains muktzeh. Furthermore, even the barrel becomes muktzeh, since it serves as a base for the rock. Thus, we must ask: What is the difference between preparing a rock for use as a barrel cover, which is ineffective, and preparing branches for use as seats?
The Rishonim offer two answers. The Rashba (Responsum 5:225) explains that preparing muktzeh objects is only effective if one prepares them for permanent use. In the case of the palm branches, they were designated for continuous use. Therefore, they became muchan, like any other utensil, and the prohibition of muktzeh dissolves. However, in the case of the rock, it was to be used as a barrel cover only for that one Shabbos. Therefore, the prohibition of muktzeh remains.
The Ran (23) writes that it is sufficient to prepare an object for one-time use. However, one must prepare it for a function that is commonly performed with that object. He explains that in the time of the Gemara, it was common to use palm branches for seats, but it was uncommon to use a rock for a barrel cover.
The Mechaber (Orach Chayyim 308:22) cites both opinions, and the Mishna Berurah (ad loc s.k. 97) rules that when it is necessary, one may rely on the Ran. Note that when a rock or a Popsicle stick is designated as a toy to be used indefinitely, not just for a day, all opinions agree that the prohibition of muktzeh disappears.
We have seen that the mere thought and intent by a person to designate an object for use cancels the prohibition of muktzeh. However, we must question whether the intent of a minor has sufficient halachic weight. Would the designation by a child of his rocks and sticks as toys suffice, or must an adult designate them for him? Tosafos Shabbos (end of introduction to 308) rules that although a child’s deeds (physical actions) are effective, his thoughts are halachically insignificant (see Pri Megadim, general introduction to Hilchos Yom Tov 2:1:6). Thus, the child must perform a physical action, such as coloring or shaping, to prepare his rocks for Shabbos use. His mere intention to use them is insufficient. Alternatively, a parent may prepare his child’s rocks for use with a mere thought, designating them from now on as a toy (See Nachalat Yisrael 15:7). Some suggest that a child need not perform an action that changes the shape or outward appearance of his rocks and sticks. The simple act of his gathering them together is sufficient action to designate them as toys (see Halacha Arucha p. 118).
The Mechaber (Orach Chayyim ibid, 308:45) rules that an object designated for play remains muktzeh, noting in particular, “It is forbidden to play with a ball on Shabbos and Yom Tov.” The Rema (ibid), on the other hand, rules that we may follow those who are lenient in this matter. The Mishna Berurah (ad loc s.k. 157) explains that in the Mechaber’s view, preparing an item for a significant function, not merely for playing, only lifts the prohibition of muktzeh. Designating rocks and sticks as toys is therefore ineffective. Sephardim follow this opinion, and generally instruct their children not to play with muktzeh objects, even if they had been designated for Shabbos use as toys.
Now, as to Ashkenazim, who follow the rulings of the Rema, one must inquire whether the child had performed any specific action to prepare the object for play, or if an adult had designated it for play. If either of these conditions is met, the child, or the adult, may play with the rocks and sticks (Halacha Arucha, ibid 114). It is important to note that when the Mechaber rules that balls are muktzeh, he refers only, as previously explained, to muktzeh objects that were designated for use as a ball. Toy balls that were originally manufactured and sold as toys to be played with are not muktzeh, even according to the Mechaber. I do remember as a young child we would play games with hard nuts (in shells) on Shabbos afternoon as a Pirchei (Agudath Israel) activity and no one questioned it.
Toys, games, and some of our other modern playthings as we now know them were not available as recently as one hundred years ago (except possibly for the rich). My father, z”l, and his siblings had no such things, like many an immigrant family, and my grandmother, a”h, let them play with her pots and pans which were all dented, though usable, as a result. Thus, allowing such use gave them a designation as a toy, at least according to the Rema.
As an interesting side note, I just came across a problem that a member of my kehillah pointed out to me. The family had been working on a large picture puzzle. I commented that it is a really beautiful scene and would be nice if it were pasted together as a wall portrait (which we all have seen done). She immediately reminded me that by so doing it would be forbidden to work on such a puzzle on Shabbos, as that would be muktzeh and creating something on Shabbat for weekday purpose. Her point is well taken. So as we see, when it comes to toys, games, or activities, even ones for adults, when engaging in them one must take great care to not violate any of the prohibitions of Shabbos. Indeed, children and adults may enjoy a game or activity on Shabbos, but only so long as they do not bring them to violate Shabbos.
