There are two levels of Jewish law, The more stringent laws are in the Torah itself or directly derived from the Torah. We say these laws are de’oraita (דאורייתא). The men of the Great Assembly taught: “make a fence to safeguard the Torah, a םיג לתורה” (Avot 1:1) Consequently, the rabbis enacted laws to distance a person from violating a Torah law and these laws can be less stringent. These laws are known as de’rabbanan,דרבנן. Since these laws are less stringent, they may be violated to protect a Torah law. A good example comes from yesterday’s daf TB Shabbat 43.
A house is on fire and there is a corpse inside. A debate ensues whether you are allowed rescue the corpse by removing the dead body in an atypical way from that burning house on Shabbat. Everybody agrees that removing something in an atypical is forbidden. “Rather, this is the rationale for the opinion of Rabbi Yehuda ben Lakish (who permits the removal in an atypical way): Since a person is agitated about his deceased relative and is concerned about maintaining the dignity of the dead, if you do not permit him to move the corpse in an atypical manner, he will come to extinguish the fire. The Sages permitted performing an act prohibited by rabbinic law so that one will not come to transgress a Torah prohibition. Rabbi Yehuda ben Sheila said that Rav Asi said that Rabbi Yohanan said: The halakha is in accordance with the opinion of Rabbi Yehuda ben Lakish with regard to the issue of rescuing a corpse from a fire.” (Sefaria.org translation)
The laws of mukseh, מוקצהare de’rabanan and today’s daf TB Shabbat 44 defines two different kinds of mukseh. The first is
מוקצה מחמת איםור something set a side because of a prohibition. The second is
מוקצה מחמת מיאוס something that is set aside because it is disgusting and touching it detracts from the spirit of Shabbat.
“GEMARA: The Sages taught the dispute in the mishna in greater detail in a Tosefta: One may move a new oil lamp on Shabbat but not an old one; this is the statement of Rabbi Yehuda. Rabbi Meir says: All oil lamps may be moved on Shabbat except for an oil lamp that they kindled on that Shabbat. Rabbi Meir does not hold that one must distance himself from objects that are disgusting. However, since the lamp was burning on Shabbat, it may not be moved, as it is an object set aside due to prohibition for the entire Shabbat. Rabbi Shimon says: All lamps may be moved except for an oil lamp that is burning on Shabbat. If the flame was extinguished, one is permitted to move it. However, a cup and a bowl and a lantern that are full of oil with a wick lit in them, one may not move them from their place even after the flame is extinguished.” (Sefaria.org translation)
Rabbi Yehudah forbids moving an old oil lamp because the use makes it disgusting to touch i.e. מוקצה מחמת מיאוס. Rabbi Meir forbids moving a lit oil lamp because by doing so he may accidently extinguish the flame on Shabbat which is one of the 39 prohibited types of work on Shabbat. This oil lamp is מוקצה מחמת איםור. Rabbi Shimon is more stringent in some cases than Rabbi Meir and more lenient in some cases than Rabbi Yehudah.
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