A Muktzeh Toy Placed on a Non-Muktzeh Toy
Question
Answer
Hello,
It is permissible to shake off the muktzeh toy and take the toy underneath it.
The halachic issue here is 'a base for a forbidden item'. That is, muktzeh placed on another item sometimes makes the lower item muktzeh because it is the 'base' for the muktzeh. However, in this case, there is no concern for several reasons: a. The children are not the owners of the toys and cannot designate the lower toy as a 'base' for the upper toy. b. Even if an adult places the upper toy in such a manner, it will not be muktzeh because there was no intention for the muktzeh to be specifically placed over the permissible item, rather than beside or under it. c. If the muktzeh was intentionally placed on the permissible item, but there was no explicit intention for it to remain there on Shabbat, the lower item does not become a base. [Some say that if it was placed on Friday and there was no explicit thought to remove it before Shabbat, it is considered as if the intention was for it to remain there on Shabbat].