Managing Muktzeh and Graf Shel Rei in Modern Settings

Question

I hope you can help me with this. I am a manager of a company that runs kosher hotels all over Europe during holidays and yomim tovim. I had a huge issue this last pessach with the garbage. We had a Mehadrin, Non-gebrokts, kosher le pesach hotel running in Rijeka, Croatia. An amazing program was planned, with lots of food and entertainment, singers and speakers. As there were around 400 guests in the hotel, the garbage was piling up fast. The issue I had was with the 2 day yom-tov, as I remember learning in my Yeshiva-days that it was muktse. It really got out of hand, the garbage room was filled to the brim, the smell became unattainable, and ppl started complaining. Now the last thing I need is ppl complaining, you understand, it might cost me my job. We have a summer program coming up in the French alps, I will not open it, unless I get this garbage situation under control. Can you tell me what I can and cannot do according to halacha?

Answer

Thank you for your question.

First, you don't need to worry—we'll find a practical solution, and with G-d's help (bezrat Hashem), you'll be able to open your hotel this summer with a clean and orderly kitchen. We'll confirm that your understanding of garbage as muktseh is correct and explore how it can be handled in a permissible manner.
Understanding the prohibition known as "graf shel rei" ("a receptacle for refuse"):
The reason "graf shel rei" is considered muktseh is because it falls under the category of מוקצה מחמת גופו — a rabbinical prohibition applicable when an item has no permissible use and therefore is deemed muktseh.
Reasons for permissible removal:
The Mishnah Berurah (Siman 308, Se'if Katan 136) cites Rashi in Tractate Beitzah, explaining that the presence of refuse in one's living area compromises human dignity (kavod habriot). Consequently, one is permitted to remove such waste to uphold personal dignity. The Mishnah Berurah states: "ורק להוציאן ממקום שדר שם התירו משום כבודו," which means that removal is allowed from the place of dwelling for the sake of one's dignity.

When the graf shel rei is in the garbage canester
If there is a smell reeking from it then as abouve because of kavod habriot one may remove it immidatly.
If there is no odor emanating from the garbage yet, but there is a need to remove it to make space for more trash, this situation sparks a significant debate within halachic circles. Let's examine what is written about this scenario in halachic texts.
One perspective might argue that since the garbage is contained within the canister and is not emitting any odors, it does not currently constitute a "graf shel rei" ("a receptacle for refuse"), and therefore, it would be prohibited to remove the garbage.
On the other hand, there is a consideration that allowing the garbage to remain might eventually lead to an overflow, thus creating a "graf shel rei" situation.
We find on this debate a contradiction in the Shulchan aruch:
Shulchan Aruch, Siman 308, Seif 38: The Shulchan Aruch states in Siman 308, Seif 38, and reiterated in Siman 498, Seif 18, that one is generally prohibited from moving muktseh items to prevent a "graf shel rei" ("a receptacle for refuse"). For example, it is forbidden to move clods of earth to cover spilt blood on Shabbat because the earth itself is muktseh and should not be used to cover the "graf shel rei."
Shulchan Aruch, Siman 335, Seif 4: Conversely, Siman 335, Seif 4 of the Shulchan Aruch: If a vat full of grapes leaks during Shabbat, the juice is considered Muktsah, and a dish is placed underneath to collect this juice. However, once the dish fills up, it is permissible to empty it and replace it to prevent overflow. This action is allowed because not doing so would cause the dish to overflow and create a "graf shel rei." We see from this Halacha that one may move muktsah to prevent graf shel rei.
Mori ve'Rebbi provides an insightful explanation in "Gilyonot Azamroh Lishmech," Issue 246, to clarify the apparent contradiction in halachic rulings.
The prohibition against moving earth to cover a "graf shel rei" ("a receptacle for refuse") stems from the rule that one may not use a foreign muktseh object for this purpose. However, in the scenario involving wine, the wine that becomes muktseh will itself turn into a "graf shel rei" if the dish it is collected in is not emptied. Thus, it is permissible to preemptively empty the dish to prevent it from overflowing.
Applying this principle to your situation with the garbage canister: Even if it is currently neither smelling nor overflowing, you are allowed to remove the garbage preemptively to prevent it from becoming a "graf shel rei," similar to the case with the muktseh wine.
Wishing you much success.

Source

  1. Mishnah Berurah (Siman 308, Se'if Katan 136)
  2. Shulchan Aruch (Siman 308, Se'if 38 and Siman 498, Se'if 18)
  3. Shulchan Aruch (Siman 335, Se'if 4)
  4. Gilyonot Azamroh Lishmech, Issue 246

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