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Q&A: Markers for Children on the Sabbath

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Markers for Children on the Sabbath

Question

Have a good week, Rabbi,
are markers for children on the Sabbath considered muktzeh?
Best regards,

Answer

I didn’t understand the question. A marker is a utensil whose primary use is for a prohibited activity. Are you asking whether children should be educated regarding the prohibitions of muktzeh? Yes. Like any other law.

Discussion on Answer

Oren (2023-09-02)

I seem to remember reading somewhere that a toy rattle is permitted to be moved, but forbidden to be used. I thought maybe the same would apply to markers. That is, markers have two uses: one really is a prohibited activity, and the other is to occupy small children (below the age of education), and such a use is permitted.

Michi (2023-09-03)

It’s unlikely that a leniency for children because of their minority would turn it into a utensil whose primary use is permitted. If the use were only as a children’s toy, then maybe your argument would have some basis.

Oren (2023-09-03)

I think the main use of markers nowadays is as a children’s toy. Adults use pens, or markers/highlighters, for writing needs. Even for drawing, I think adults don’t use markers.

Michi (2023-09-03)

I don’t think so. But if it is plainly only a children’s toy, then maybe there is room for your reasoning. I’ve now been reminded of Rashba on Yevamot 114a, who speaks about making an eruv with something fit for minors (see Eruvin 30b), and according to his approach it seemingly follows that if something is fit for minors, it is considered permitted for making an eruv with it, and simply speaking the same would apply to moving it. And the Or Sameach in the laws of Forbidden Foods (17:27) discusses this Rashba. See also the Or Sameach’s note on Rabbi Akiva Eger in the laws of a Jewish holiday 4:10: “Note well: it is fit for minors.” That implies this is relevant also to the laws of muktzeh (and it is forced to say that this applies only to muktzeh because of the previous day).

Michi (2023-09-03)

However, there it seems to refer only to untithed produce whose tevel status is rabbinic, and that is considered permitted because one may feed it directly to a minor. That implies that Torah-level tevel is not considered permitted even though a minor can eat it. Apparently, only something that one is permitted to feed directly is considered permitted, and not something that is merely allowed to a minor. And that is according to Rashba there, who holds that rabbinic prohibitions may be fed directly to a minor.

Oren (2023-09-03)

If a person designates markers to serve as a toy for his son, is it correct to say that this is like a stone that a person designates as a doorstop and thereby permits moving it?

Michi (2023-09-03)

Designation through an act would probably help, given the assumptions above.

Oren (2023-09-03)

Would one need to do an act of designation every Sabbath eve? Or is once in a lifetime enough?

Michi (2023-09-03)

Once is enough.

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