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Halacha L'kovod Shabbos - "Benefiting from light added by a non-jew"

If a non-jew turned on a light for a Jew on Shabbos in a totally dark room without being asked or hinted (the new light is considered a substantial new benefit); the Jew may not benefit from the new light that was turned on for his sake. (Benefit means: using the light to do something that he otherwise was unable to do, but he is not required to leave the room). However, if the Jew was eating his seudah he may complete his meal and benefit from the light because we are lenient for the sake of the seudas mitzvah.

Shulchan Aruch with Mishna Brurah 276:1,2, Sefer 39 Melochos

 

* Halacha L'kovod Shabbos - "Use of Tea Bags on Shabbos"

The use of tea bags involves melachos of bishul and borer/merakaid. Firstly, tea leaves are easily cooked even in a kli sheni. Secondly, when one removes the used tea bag, the bag acts as a strainer - effectively separating the unwanted tea leaves from the tea. However, if one removes the tea bag (together with some tea) from the cup with a spoon, one avoids the problem of borer as the bag is not being pulled and is not straining. Furthermore, if one pours hot water from the urn into a cup and then into a 2nd cup, the water has a din of a kli shlishi which avoids the problem of bishul. Nevertheless, because some poskim do not permit tea bags even in a kli shlishi, as well as the inherent difficulties involved in the above methods, tea bags should not be used. Rather, one should use tea essence prepared before shabbos, or instant tea. 

(Shmiras Shabbos K'hilchasa 3:171, Igros Moshe OC4:74:15, MB 318: 5, sefer 39 Melachos)

 

Halacha L'kovod Shabbos - "Removing a price tag from clothing on Shabbos"

If one realized on Shabbos that the price tag was not removed from a new suit or dress, or likewise, that a new pair of shoes still had a string or plastic tie holding the two shoes together, it is permitted on Shabbos to use a knife to cut the thread or tie holding the tag or shoes. Inasmuch as the tag was placed on the garment for a temporary purpose after it had already been completed, removal of the tag does not constitute Makeh B'patish, completion of a keli. Furthermore, cutting a single string, in a way that ruins it, does not constitute the melacha of Koraya, tearing.

Mishna Brurah 340:45, Shmiras Shabbos Kehilchasa 15:63, Sefer 39 Melachos

 

* Halacha L'kovod Shabbos - "Handling Mail on Shabbos"

Mail delivered on Shabbos is Muktzah, and may not be moved. {Either because it was brought from out of the Tchum, and/or because it has no predetermined permitted Shabbos use}. Therefore, if a (non-jewish) delivery person brings a letter to one's home requiring a signature one should state that he is not permitted to sign, he permits the delivery person to sign (but not instruct him to sign), and ask that the package be placed in a convenient location. {If the delivery person is jewish, one may not even permit him to sign}. Under no circumstances may one accept the letter or package in one's hand because by doing so, one may be completing the melocha of Hotza'ah from a one domain to another. Letters that had been delivered before Shabbos are also Muktzah except if one has already set aside the letter for a permitted use (i.e. as a bookmark). {Reading letters on Shabbos is not permitted according to some poskim, and therefore that would not constitute a permitted use}. Shulchan Aruch w/Mishna Brurah 307:14, Tiltulei Shabbos citing Rav Moshe Feinstein, Sefer 39 Melochos

 

* Halacha L'kovod Shabbos - "Sending Mail or Fedex packages on Erev Shabbos"

One may use a postal system to send regular mail on Friday, (even close to Shabbos), even if the letter usually reaches it's destination in one day and will be delivered on Shabbos, because:

a) (if) We (can) assume that the workers are non-jewish, b) the postal system is being paid for the job, not by the hour or day, and therefore the work is being done on Shabbos for the convenience of the postal service and/or non-jewish postal employees, and c) when using the postal service one is not directly instructing the non-jew, he is merely setting the postal delivery system in motion. However, when using an overnight delivery service (i.e. US Postal Overnight, or Federal Express), one should not check off the box requesting Saturday delivery because by doing so one can no longer claim that the Saturday delivery is being done for the convenience of the non-jew. Nevertheless, if a package is urgent, one may send the package on Friday for Saturday delivery in reliance upon reasons "a" and "c" above.  Shulchan Aruch w/Mishna Brurah 247,

Igros Moshe 3:46, Shmiras Shabbos Kehilchasa 31:60,62, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Having a non-jew operate appliances on Shabbos"

Noise producing appliances in the home are not permitted to be operated on Shabbos by a non-jew - even if for the benefit of the non-jew - even if the non-jew was not told to turn it on - because the loud noise produced is a zilzul shabbos, (a shaming of the kedushas shabbos).

Examples are; dishwasher, vacuum cleaner, washing machine, clothes dryer (which all produce loud noise).

Mishna Brurah 252:49, Hilchos Amirah L'akum citing R' Moshe Feinstein, Sefer 39 Melochos

 

*Halacha L'kovod Shabbos - "Sending email/faxing to somewhere still in Shabbos"

It is permissible to send email or fax or voice mail from a location where Shabbos has not yet started (or where Shabbos has already ended) to a place where it is already Shabbos (or where Shabbos has not yet ended), i.e. From Eretz Yisroel after Shabbos to NY where it is still Shabbos, because the prohibition on doing Melacha is determined by the time and place of the person doing the act, not where the final activity occurs. However, it is not permitted to phone a non-observant Jew in a place where it is still Shabbos, thereby benefiting from the transgression of Shabbos by the non-observant Jew. {Likewise, a Jew in the US would be forbidden to listen to an Israeli radio station broadcasting from Israel on Shabbos even if it is not yet Shabbos in the US.}

Shmiras Shabbos Kehilchasa 31:26, {recent psak of R' Chaim Pinchas Scheinberg re:email}, Sefer 39 Melochos

 

*Halacha L'kovod Shabbos - "Preparing on Shabbos for after Shabbos"

Generally, any type of activity to prepare for after Shabbos (even if not involving transgression of a "Melacha") is called "Hachana" and is not permitted on Shabbos. Examples are; washing dirty dishes (even in cold water) which will not be needed again on Shabbos, setting a table for a "Melavah Malkah" meal, or rolling a sefer torah to the correct place for Monday reading. In the same vein, one may not say "I will give you a lift from Yerushalayim to Bnei Brak after Shabbos" because this falls under the category of "Dabair Davar", speaking one's intent to do an act after Shabbos which is not permitted on Shabbos.

Shulchan Aruch with Mishna Brurah 323:6, 302:MB19, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Commonplace activities which prepare for after Shabbos"

Although generally one may not prepare on Shabbos for after Shabbos, nevertheless, simple non-strenuous, activities which are done routinely and effortlessly as a matter of course without specific thought given to the benefit of being prepared for after Shabbos, are permitted to be done on Shabbos. Examples are; returning food to the refrigerator after Shalosh Seudos, returning a sefer to a bookshelf, carrying one's tallis home and/or carrying a house key (where there is an eruv permitting carrying on Shabbos) even when one is certain that the key will not be used until after Shabbos.

Shulchan Aruch 290:MB4, Shmiras Shabbos Kehilchasa 28:81, 28:190, (citing R' S.Z. Auerbach)

 

Halacha L'kovod Shabbos -  "Type of planning permitted on Shabbos"

We previously mentioned the prohibition of "Dabair Davar", speaking one's intent to do an act after Shabbos not permitted to be performed on Shabbos. However, only an explicit verbalization of one's intent to do a Melacha after Shabbos is prohibited. For example; it is permitted to say "I plan to travel to Yerushalayim on Sunday", as long as he does not mention driving there. Likewise, it is permitted to discuss and plan Mitzvah projects/activities on Shabbos. For example; planning a Yeshiva fundraiser, or discussing financial aspects of a Shidduch, (although no specific monetary or business arrangements may be verbally concluded on Shabbos).

{Note: although mundane discussions are permitted, it is praiseworthy to limit or avoid such talk on Shabbos.} Shulchan Aruch w/Mishnah Brurah 306:6,8, 307:6,7

 

Halacha L'kovod Shabbos - "Permitted acts of Preparation for after Shabbos"

It is forbidden to perform an act on Shabbos solely as a preparation for after Shabbos, even if the act in question does not involve Melacha, under the prohibition known as "Hachana". Nevertheless, an act which is performed both for Shabbos benefit as well as after Shabbos benefit is permitted. Examples are: Clearing off a dirty table if the messy appearance is disturbing; Making beds to tidy up a room, even if the beds won't be used again until after Shabbos; Resting on Shabbos afternoon even if one is catching up on sleep for the following week; Studying for a coming test on Torah subjects. However one may not verbally express his intent to benefit from the act after Shabbos. Shulchan Aruch w/Mishnah Brurah 302:MB19, 290:MB4, Shmiras Shabbos Kehilchasa 12:36, 28:207

 

Halacha L'kovod Shabbos - "S'char Shabbos" (Earnings on Shabbos)

Shabbos earnings ("S'char Shabbos") even if paid after Shabbos, are prohibited by Chazal as a safeguard to the Melacha of Koisaiv - writing, because any earning arrangement is closely associated with business-like activity that could lead to writing. However, if the S'char Shabbos is combined with weekday earnings the payment for Shabbos may be permitted. (This is known as "Havlo'ah - absorbed). Examples: A babysitter will get paid $20 at the rate of $10 an hour for one hour of babysitting on  Tuesday and one hour on Shabbos. Both days must be arranged at the same time for one combined fee. A caterer may prepare a Kiddush on Shabbos because included in his fee are the preparations, cooking, and expenses incurred before Shabbos. Jewish waiters who will work on Shabbos should arrange to be paid for some work done in preparation on Friday, or to clean up after Shabbos. Being paid only for work on Shabbos is not permitted.

The prohibition is for the recipient of the S'char Shabbos, although the payor is also prohibited due to "Lifnei I'ver", causing another Jew to sin.

Rashi Kesubos 64a, Shulchan Aruch 306:4,MB18, MB21, Shmiras Shabbos Kehilchasa 28:62

 

Halacha L'kovod Shabbos - "Lighting Candles Erev Shabbos - Women and Men"

There is a Mitzvah requirement (Mi'dirabonon) upon every household to light candles before Shabbos. However, special preference and responsibility for this mitzvah has been given to women for a number of reasons; a) women usually are the caretakers of the home, b) the candle lighting atones for the part played by Chavah in causing Adam to sin with the forbidden fruit of  the etz-Hada'asm (Tree of Knowledge). Adam (and thereby, all mankind) was punished by losing his immortality, and Chavah is considered to have "extinguished the candle of the world". Therefore it is the woman who rights Chava's sin by lighting candles for the household. The husband may take part in the mitzvah in several ways; a) by pre-lighting and quickly extinguishing the candles, thereby making them easier to light, b) the first shabbos after his wife gives birth the husband should light the candles (and make the beracha), and c) if additional candles will be lit in other rooms of the house, this may be done by the husband.

Rambam Hilchos Shabbos 5:1,3, Mes. Shabbos 25b, SA 263:2,3 MB11,12, MB264:28, Tur OC 263, Midrash Tanchuma Metzorah 9, Bi'ur Halacha 263:6

 

Halacha L'kovod Shabbos -  "The number of candles to be lit"

The basic Halachic requirement is to light one candle. However, it has become a universally accepted minhag for women to light a minimum of two candles (representing the Zachor and Shamor of Shabbos). Many people have the custom to light more than the minimum of two. Some light seven, (representing 7 days of the week) and others light ten (representing the Aseres Hadibros). Some have the minhag to light one candle for each member of the household (one for each child and one for each of the parents). One should follow their own minhag and not change from week to week. If a woman is traveling she may just light two candles that week, even if she normally lights more. Shulchan Aruch w/Mishnah Brurah 263:1,2, Likutei Maharich, Shearim Metzuyanim Behalacha 75:13

 

Halacha L'kovod Shabbos - "Penalty for forgetting to light Shabbos Candles"

If a woman forgot, or neglected to light Shabbos candles, she is required to light one extra candle every Shabbos for the rest of her life. This strict penalty was imposed to serve as a constant reminder of the extreme importance of this mitzvah. However, this penalty affects only cases of negligence, and is not applicable to circumstances beyond one's control. Therefore, if a woman was c'v in a hospital, or was delayed in traffic, or traveling, and could not light, she is not subject to a penalty. Because of the severity of the penalty, neither a woman nor her husband should determine to impose the penalty without asking a Shailah by a Rov, as there may be room for leniency in some circumstances.

Shulchan Aruch w/Mishnah Brurah 263:1

 

Halacha L'kovod Shabbos - "Visiting the sick on Shabbos"

It is a great Mitzvah to visit and care for a sick person. One may visit a sick person on Shabbos (or Yom Tov) if the patient will appreciate the visit. However, it is improper to schedule one's visits exclusively for Shabbos for the sake of convenience while refraining from visiting during the week. When visiting a sick person on Shabbos one should say the following: "Shabbos He Meliz'ok U'refuah K'rovah Lavo" (Shabbos prevents one from crying out {and in the merit of not crying out because of Shabbos} your recovery will be swift in coming).

Shulchan Aruch w/Mishna Brurah 287:1, Sefer 39 Melachos

 

Halacha L'kovod Shabbos - "Foods Permitted to be re-warmed near a blech on Shabbos"

Certain foods that are already cooked may be re-warmed on Shabbos if one complies with all of  the following conditions; 1. The food must have been roasted or baked, not boiled. 2. The food must be dry. 3. The food must be a solid. 4. The food may never be placed directly above the fire. Examples; Frozen challah (without a formation of ice), cold kugel, roast chicken (without gravy), or meatballs (without sauce), may be placed near the blech, or on top of a pot that is on the blech, or on top of an empty inverted pot or dish on the blech. {Although there are some poskim that permit these foods to be placed directly on the blech away from the fire, this leniency should not be relied upon without consulting a Rov}. Shmiras Shabbos Kehilchasa 1:38, Meor Hashabbos 9:14 citing R' Shloma Zalman Auerbach, Sefer 39 Melachos

 

{A boiled food (ie. dry cooked noodles or dry boiled chicken) may also be re-warmed by putting it into a pot of boiling soup that has been removed from the blech.}

 

Halacha L'kovod Shabbos - "Why we use a blech"

Min Ha'Torah it would be permitted to place a pot of raw food over an open flame just prior to Shabbos, and to allow the food to remain cooking on Shabbos. However, Chazal, with their understanding of human nature, recognized that allowing this as a routine practice would lead inevitably to Chillul Shabbos. A housewife, upon discovering that the flame is too low (or too high) may easily forget herself, and adjust the flame, thereby transgressing the melochos of Cooking and Kindling. Chazal therefore prohibited leaving food on an open flame before Shabbos. The accepted custom, therefore, is to cover the flame(s) with a metal sheet called a blech. The reduction of the heat, as well as the unusual method of cooking act as a reminder that the flame must not be touched/adjusted. (According to Rav Moshe Feinstein (and others) the knobs should preferably also be covered). Mes. Shabbos 36b, Shulchan Aruch 253:1, Igros Moshe OC 1:93

 

Halacha L'kovod Shabbos - "Using a plunger on a clogged toilet or sink"

A usual drain blockage in a toilet or sink is typical of its ordinary operation and use, is easily corrected with the use of a plunger, and does not require the skill of a plumber. Therefore the toilet is not viewed as "broken", but simply obstructed from use. Hence some Poskim permit the use of an ordinary  plunger on an easily cleared blockage. However, other Poskim reject this ruling. Therefore, one is best advised not to rely on the lenient opinion if other facilities are available. If there are no other facilities available a non-jew may be asked to plunge the sink or toilet. If no non-jew is available, one may plunge it himself. However, only a common house plunger may be used. A snake may not used and liquid drain cleaner is also not permitted on Shabbos. Shulchan Aruch 507:4, Igros Moshe OC 4:40:9, Shmiras Shabbos Kehilchasa 12:50, Shearim Mitzuyanim B'halacha 80:9, The 39 Melochos - Boneh

 

 

Halacha L'kovod Shabbos - "Borrowing food and utensils on Shabbos"

Generally, Chazal forbade the lending and borrowing of money and non-essential items on Sahbbos because this could lead to writing. Nevertheless, one may be lenient with regard to food or utensils needed for Shabbos. One may borrow a food item or a utensil from a neighbor on Shabbos, however, one should ask if the neighbor can "give" the item and preferably not use the term "borrow". One is also permitted to assure the neighbor that he/she will "give back" the item. By doing it in this manner one eliminates the appearance of a commercial transaction and there is very little possibility that the one of the parties will write down the loan. However, one may not borrow a specific measure of food that requires measuring (even if it has been measured out before Shabbos). Nevertheless, asking for a dozen eggs (for example) is permitted because eggs are routinely packaged as a dozen and therefore do not require measuring, or counting, and is not an indication of a business transaction.

Shulchan Aruch w/Mishnah Brurah 307:11MB42,43, (see Bi'ur Halacha), and SA 323:1,2,8 Aruch Hashulchan 307:27, Shmiras Shabbos Kehilchasa 29:53

 

Halacha L'kovod Shabbos - "Washing dishes on Shabbos"

It is forbidden to wash dirty dishes on Shabbos unless the dishes will be needed for that Shabbos. Therefore, one may wash the dishes (using cold water, or hot water prepared before Shabbos) following the Friday night meal only if those dishes will be needed for Shabbos day. Likewise, one may only wash the dishes used Shabbos day if they will be needed for Shabbos afternoon. One may wash all the dirty dishes even if one will only need some of the dirty dishes later that Shabbos. R' Yaakov Kamenetsky permitted one to wash dishes for later use even when other clean dishes are available. However, other Poskim do not permit it. According to the Tzitz Eliezer if one has a Simcha in the home and the piled up, dirty dishes will create an uncomfortable, unpleasant atmosphere one may wash the dirty dishes for the sake of Oneg Shabbos even if they will not be needed on Shabbos.

Shulchan Aruch w/Mishnah Brurah 323:6, 26  326:28,29, Emes L'Yaakov 323:6,

Tzitz Eliezer 14:37 citing  Mishnah Berurah 302:19

 

Halacha L'kovod Shabbos - "Common Error in the use of Hot Water"

A typical home hot water heater provides a new flow of cold water into the tank each time hot water is released from the tank when a hot water faucet is turned on in the home. Even if the hot water heater has been switched off (eg. to the pilot setting) on Friday afternoon, this does not prevent fresh water from entering the tank, and coming in contact with the already heated water in the tank (which remains hot - Yad Soledes - long after the heater has been turned off) and heating the cold water. The tank is a Kli Rishon and this constitutes an issur of Bishul on Shabbos. {There are however certain hot water heaters which do not permit the fresh cold water to come in contact with the hot water in the tank. Rather, the fresh cold water is sent to a separate compartment. Use of the hot water in this type of heater may be permitted if the heater was turned off before Shabbos. Also, if the source of fresh cold water to the heater has been turned off completely before Shabbos and the heater has been turned off, the hot water in that tank may be used on Shabbos.}

Shmiras Shabbos Kehilchasa 31:4, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Making Early Shabbos in the Summer Months"

When making an early Shabbos one should remember the following;

 

1. It is most preferable to daven Mincha before "Plag Hamincha" and Maariv after the Plag. (1)

2. Men must repeat Krias Shema after it is night. (2)

3. One should try to stretch the meal to eat at least a k'zayis of bread after dark. (3)

4. It is permitted for a Jew who has (individually - as opposed to a whole community) accepted an early Shabbos to directly ask a Jew who has not yet accepted Shabbos (and certainly a non-jew) to perform a melacha on his behalf, except for one's own wife. (4)

5. Members of a household are independent of each other. Therefore if the husband accepted Shabbos early for convenience sake (and not for the Mitzva of Tosafos Shabbos) the wife may light candles until Shkiah. (However, there are other opinions that disagree). Likewise, when the wife lights candles early this does not require her husband, sons, or even daughters to accept Shabbos early. (5)

 

(1) SA w/Mishnah Brurah 233:5 MB11, SA 267:3 see Biur Halacha

(2) SA w/Mishnah Brurah 235:1 MB5,6,7, SA w/ Mishnah Brurah 267:6

(3) SA w/Mishnah Brurah 267:5

(4) SA w/Mishnah Brurah 263:17

(5) Igros Moshe 3:38, SA 263:10

See also Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Earliest time to light candles"

Many people make Shabbos early during the summer months. It is very important to note that Shabbos candles may not be lit, and Shabbos may not be accepted, earlier than Plag Hamincha which is 1 and a 1/4 "Halachic" hours before Shkiah.

Shulchan Aruch w/Mishnah Brurah 261:2 MB 25

 

Halacha L'kovod Shabbos - " An entire Community that accepts Early Shabbos"

If most of a community accepts an early Shabbos for the Mitzvah of Tosfos Shabbos all residents of the community become subject to the early acceptance of Shabbos even if this is against their expressed will. Shabbos acceptance begins when the congregation recites the last verse of L'cho Dodi, and all Melacha, including Rabbinic restrictions, apply to all the men and women of the community, (and the women must light candles before this early start to Shabbos). However, on a practical level, since most communities today have more than one Orthodox Shul, and there is a shul that accepts Shabbos at the regular time, (even if this shul is smaller than all the others), one is not obligated to accept the early Shabbos of the others. In a camp or bungalow colony with only one scheduled minyan for all residents, the obligatory acceptance of the early Shabbos would be applicable upon all the residents.

Igros Moshe 3:38, SA w/MB 261:3 see Biur Halacha, 263:12,13, 261:MB28,31, 39 Melochos

 

Halacha L'kovod Shabbos - "Tanning/Sun-bathing on Shabbos"
According to some Poskim it is prohibited to intentionally tan in the sun on Shabbos. Nevertheless it is permitted to walk or sit outdoors on a sunny day even if there is the probability of becoming tanned (even if one would be pleased that this happened - so long as one is not intentionally tanning) because the tanning is not intentional. One may also apply a thin and pourable suntan lotion for protection against sunburn when walking or sitting outdoors. However, one may not use a cream. S'U Minchas Yitzchok 5:32, Shmiras Shabbos Kehilchasa 18:70, Sefer 39 Melochos

 

Halacha L'kovod Shabbos -  "Swimming on Shabbos"

For several reasons one may not swim on Shabbos. Chazal forbade swimming in a river or pond on Shabbos or Yom Tov because swimming could lead to the Melacha of Makeh B'patish. In earlier times swimming was practiced with the aid of a life preserver made out of reeds which frequently became damaged and even a simple, minor repair would constitute the Melacha of Makeh B'patish. Rabbinic ordinances are generally categorical and apply even in times and under conditions where the original considerations do not exist. Therefore, this Rabbinic ordinance applies equally today despite the fact that the reed life preserver is no longer ever used.

Secondly, swimming will cause the swimming garments to become wet, thereby transgressing the Melacha of Malbain (as well as the concern that one may squeeze the garment to dry it). Finally, there is a widely held minhag that one does not immerse even in cold water on Shabbos for any purpose other than for a Mitzvah (e.g. a Mikvah). The latter two concerns are equally applicable in a swimming pool. Mes. Beitzah 36b, Rambam 23:5, SA 339:2, Chayei Adam 44:20, Igros Moshe EH 2:13, Mishnah Brurah 326:21, Sefer 39 Melochos

 

Halacha L'kovod Shabbos -  "Trapping and Killing Bees or other Insects"

According to Torah Law only species of animals that are usually trapped/hunted are included in the Melacha of "Tzod" - Trapping. Nevertheless, confining or trapping any living creature including insects is Rabbinically forbidden because it resembles the Melacha of Tzod. Therefore it is prohibited to catch a fly or moth even with the intention of immediately releasing it. However, stinging insects that can inflict substantial pain such as wasps, hornets, yellow jackets, or bees may be trapped by covering them with an empty cup or bowl. (One should not use a trapping device designed for trapping bees and insects). Similarly, if a mosquito is hovering near a small child who may suffer a reaction from a simple mosquito bite, it would be permitted to trap the mosquito. Hornets or wasps near a small child may even be killed (using a spray or other method) if necessary, because their sting can be dangerous to a small child. The same is true of an adult who may suffer an allergic reaction to an insect sting. Chazal did not extend the Rabbinic restriction on trapping insects in the face of substantial physical pain and discomfort. Shulchan Aruch w/Mishnah Brurah 315, 316, Shmiras Shabbos Kehilchasa 25:7, Sefer 39 Melochos

 

Halacha L'kovod Shabbos -  "Eruv Chatzeiros - Overview"

Chazal established restrictions on carrying, even in an enclosed - full fledged R'shus Hayachid (private domain), to prevent confusion between seemingly similar situations which may involve the Melacha De'oraisa of Hotza'ah. This restriction forbids carrying from private homes or apartments into an enclosed common courtyard or indoor hallway without an Eruv Chatzeiros (not to be confused with a Eruv of wire and posts known as a Tzuras Hapesach) and is applicable in any multiple dwelling containing two or more families, ie. 2 family house, apartment building, bungalow colony, camp, hotel, etc.). Example: One may not bring a stroller from within an apartment to the building hallway without an Eruv. (However, one is permitted to place a child into a stroller that was left in the hallway before Shabbos and walk up and down the halls because the Rabbinic restriction was only made in instances when one is carrying from a private dwelling to a common area, not within the common area itself.)

 

Chazal created the remedy of Eruv Chatzeiros which essentially merges the residents of the building/colony into one family, permitting them to carry from the private dwellings into the common area. Each family contributes a measure of food, or one individual may set aside a measure of food (e.g. a box of matzos) on behalf of the entire group. (The procedure should be arranged and discussed with a Rov in each instance). The Shulchan Aruch states that it is a Mitzvah to set up this type of Eruv to prevent transgression.

 

{In coming weeks we will discuss the issues and procedures for common situations including apartment buildings, 2 or more family homes, shared courtyards/backyards, bungalow colonies, summer camps, hotels, yeshiva dormitories, shuls, and c'v hospitals.}

 

Shulchan Aruch 366:13, 395:1, 372:1 MB:3, MB:21, Rama end of 368, Mordechai Mes. Eruvin 68a no.515, Maharatz Chiyos Mes. Eruvin 46a, Bach 395:1, Sefer 39 Melochos

 

 

Halacha L'kovod Shabbos - "Eruv Chatzeiros with a non-jew in the Building"         

As stated previously, Chazal created the remedy of Eruv Chatzeiros which essentially merges the residents of the building into one family, permitting them to carry from the private dwellings into the common area. However, the presence of a non-Jewish resident or a non-religious Jewish

resident (ie. denies the precedence of the Eruv) in an apartment building is an impediment to the regular Eruv arrangement. The Eruv cannot include the aforementioned people. The solution to this problem requires an additional procedure called "S'chirus", whereby the Jewish residents must "rent" certain rights to the common areas of the building from the non-Jews or non-religious Jews. Similarly, if the apartment building is owned by a non-Jew, an Eruv alone will most likely not be sufficient, and the S'chirus procedure will be necessary. The "S'chirus" is essentially a token arrangement which can usually be made by giving a minimal sum of money to the building Superintendent for the rights to the common halls and areas of the building. This arrangement can be made without the knowledge and consent of the Building Owner, so long as the Owner does not voice his objection to the arrangement. A Rov should be consulted to ensure that the S'chirus is done properly in each instance.

Rambam Hil. Eruvin 2:7, Shulchan Aruch w/Mishnah Brurah 382, 385, MB 382:34 and Sha'ar Hatziyun 38

 

Halacha L'kovod Shabbos - "Eruv Chatzeiros in an Apt Building or 2 Family House"

As discussed previously, residents of an apartment building or a 2 (or more) family house require an Eruv to be able to carry to and from the halls and from one apartment to another, (and if the building is owned or occupied by non-jews or non-religious-jews a special Schirus arrangement is necessary). However, if the Owner of the building maintains a Muktzeh item (ie. something valuable or delicate) or an unmovable item (ie. Refrigerator/Freezer, or other heavy appliance) upon which he retains ownership, within the rented apartment(s) the Owner has effectively retained a Halachic right of total ownership of the apartment, with the tenant as only a visitor/guest. In this circumstance, all parties are permitted to carry between the apartments and halls without the need for an eruv. In many instances Landlords commonly supply the tenant with a Refrigerator and Stove and this would qualify to allow the residents to carry without an eruv. However, the Owner/Landlord must maintain the heavy appliance in all the apartment units for this to be effective. Before relying on this heter one must discuss the particular circumstances with a Rov.

Shulchan Aruch w/Mishnah Brurah 366:1, 370:2, Sefer 39 Melochos

 

 

Halacha L'kovod Shabbos - "Carrying within a Hotel"

As discussed previously Chazal forbade the carrying from one enclosed private domain (such as an apartment) into another enclosed domain (such as an apartment building hallway) without an Eruv Chatzeiros. With regard to hotels we can differentiate between a hotel owned by a jew, and one owned by a non-jew, as follows;

Guests spending Shabbos at a hotel owned by a (Orthodox) Jew are permitted to carry within the hotel buildings and enclosed grounds (as long as the grounds are enclosed with a fence or an Eruv of posts and wires) without any Eruv Chatzeiros,  for two reasons.

A) The guests all usually eat from a common kitchen. This classifies all residents as "guests" of the hotel owner and effectively is the equivalent of the Eruv procedure itself.

B) Hotel guests are only temporary residents, which classifies them as "guests" of the owner and are halachically regarded as a single family unit as the case would be with guests in a single family house. Guests are considered temporary if planning to stay for less than 30 days.

 

Guests spending Shabbos in a non-jewish owned hotel will require an Eruv Chatzeiros (as well as the S'chirus arrangement previously discussed) to carry from the hotel rooms into the halls unless one is the only Orthodox Jew in the hotel. In that circumstance one may carry without the need for an Eruv Chatzeiros because;

A) Chazal did not require an Eruv for the unusual circumstance of one Jewish family residing alone in an otherwise totally non-Jewish building, and/or

B)  According to some Poskim his status is the same as a temporary resident and does not require an Eruv. (Many Poskim hold however, that the principle of temporary residency does not apply to a non-jewish owned/managed establishment.

 

Shulchan Aruch 370:4,8 see Bi'ur Halacha DH-Kovuah and Eloh, Rambam Hil Eruvin 4:1, SA 382:1 MB5, SA 370:36 see Shaar Hatziyun, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Carrying within a Camp"

As discussed previously Chazal forbade the carrying from one enclosed private domain (such as an apartment) into another enclosed domain (such as an apartment building hallway) without an Eruv Chatzeiros. However, carrying within a camp usually will not require an Eruv Chatzeiros (as long as the grounds are enclosed with a fence or an Eruv of posts and wires) for the following reasons;

 

A)      Summer camps usually are usually similar to Jewish hotels in that all of the staff, families, campers etc. eat the Shabbos meals from the same kitchen, even if some families eat their meals in their own bungalows.

B)      In Summer camps usually all residents eat in one dining room, automatically merging them into one family.

C)      Even if there is a non-jewish maintenance person living on the camp premises, if he does not have a lease to his room/bungalow, or even if he does, so long as the Jewish camp owner maintains ownership of a large mitzvah item or heavy appliance/furniture in his room/bungalow, no Schirus arrangement is needed.

 

Shulchan Aruch w/Mishnah Brurah 366:11, 370:2,4, 382:1, 384:1 see Biur Halacha, 370 see Biur Halacha, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Carrying in Bungalow Colonies"

As discussed previously Chazal forbade the carrying from one enclosed private domain (such as an apartment) into another enclosed domain (such as an apartment building hallway) without an Eruv Chatzeiros. In the case of a bungalow colony, where, in most cases, each family has their own bungalow including it's own private kitchen, and each family cooks and eats separately, an Eruv Chatzeiros (in addition to an Eruv of wire and posts known as a "Tzuras Hapesach") would be required to allow carrying from the bungalows to the common grass areas. However, as previously stated, if the Owner of the bungalow colony (is an Orthodox Jew, and) maintains a Muktzeh item (i.e. something valuable or delicate) or an unmovable item (i.e. Refrigerator /Freezer, or other heavy appliance) upon which he retains ownership, within all the rented bungalows the Owner has effectively retained a Halachic right of total ownership of the bungalows, with the tenants as only a visitor/guest. In this circumstance, all parties are permitted to carry between the bungalows and common areas without the need for an Eruv Chatzeiros. However, the Owner/Landlord must maintain a heavy appliance in all the bungalows for this to be effective. Before relying on this heter one must discuss the particular circumstances with a Rov.

Shulchan Aruch w/Mishnah Brurah 366:1, 370:2, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Carrying within a Hospital"

As discussed previously, Chazal forbade the carrying from one enclosed private domain (such as an apartment) into another enclosed domain (such as an apartment building hallway) without an Eruv Chatzeiros. However, patients c"v confined to a hospital for Shabbos are permitted to carry through the halls and from room to room without any Eruv Chatzeiros. Carrying is permitted even if there are other Jewish patients in the same hospital. There are two reason for this; a) The hospital retains the right to transfer patients from room to room therefore no patient has a permanent right to his room, and b) The hospital maintains expensive and/or unmovable medical equipment in each room (sometimes attached to the walls) that only the hospital staff may administer. This classifies the room halachically as belonging to the hospital, not the patient. The patients are therefore considered as visitors or guests, not residents or tenants.

Shulchan Aruch w/Mishnah Brurah 370:2,3, see Biur Halacha and Shaar Hatziyun 382:55, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Carrying in a Yeshiva/Seminary Dormitory"

As discussed previously, Chazal forbade the carrying from one enclosed private domain (such as an apartment) into another enclosed domain (such as an apartment building hallway) without an Eruv Chatzeiros. An Eruv is required only where there is a combination of two factors in an enclosed area; a) There are separate family units, and b) There is a common area used by all the families. In a Yeshiva or Girls Seminary setting generally one of the following three reasons are present to eliminate the need for en Eruv; 1) Students eat from a common kitchen and/or in a common Dining Room, 2) Students do not establish halachic residence in their rooms because they generally do not eat their meals in their rooms, 3) Students have no permanent rights to their rooms.

 

A student who rents a room in a private home also does not need an Eruv to carry into the hallway and enclosed yard because the student does not establish his halachic residence in his room inasmuch as he does not eat his meals there. Therefore this arrangement is not comparable to a two family house which would require an Eruv.

 

Shulchan Aruch w/Mishnah Brurah 366:11, 370:3,4,5 See Biur Halacha, See Shaar Hatziyun 382:55, Sefer 39 Melochos

 

{For discussion about the need for an Eruv in an Apartment Building, Hotel, Hospital, Camp, or Bungalow Colony please go to the Archives and scroll towards the end of Hilchos Shabbos.}

 

Halacha L'kovod Shabbos - "Carrying in Shuls and other PubilcBuildings"

As discussed previously, Chazal forbade the carrying from one enclosed private domain (such as an apartment) into another enclosed domain (such as an apartment building hallway) without an Eruv Chatzeiros. The restriction on carrying was only imposed in a situation where separate families reside and have common rights to the area and wish to carry from their private residences to the common area because such an arrangement gives the perception of carrying from one domain to another. However, Chazal never restricted carrying where no private residences have access. Therefore a shul or other public building does not require an eruv even though many individuals have rights and access to its use.

Rambam Hilchos Eruvin 1:2, Shulchan Aruch 370:4, 372:1 MB3,4,16

 

Halacha L'kovod Shabbos - "Walking Outside With Items Inserted in Shoes"

One is Rabbinically prohibited to walk in a R'shus Harabim (Public Domain that is not enclosed by an Eruv) while wearing garments or accessories that entail the risk that the wearer may absentmindedly remove and carry them. These include items that a woman might remove to show her friends, accessories that are loose and may fall off, or items of clothing that a person might remove because of embarrassment. In the coming weeks we will discuss specific examples of items which may or may not fall into one of the above-mentioned restricted categories. Due to the complexities involved one should not categorize an item without consulting a Rov in each instance.

 

Inserting Insoles, Orthopedic Supports into Shoes

One may wear regular shoes with insoles or orthopedic supports on Shabbos because these items are considered part of the shoe. One may even insert the insoles or orthopedic supports into the shoes on Shabbos and not be concerned with Makeh B'Patish (fixing/repairing the shoe) because generally they are not meant to remain in any particular shoe permanently, and are transferred from one pair of shoes to another as needed.

 

However, one may not wear insoles, orthopedic supports or paper stuffing in open shoes or sandals because of the likelihood that these items will slip out while walking, and the wearer may forget, pick them up, and hold them in hand while walking home, thereby transgressing the Melacha of Hotza'ah - Carrying on Shabbos.

 

Shulchan Aruch w/Mishnah Brurah 303:15, Shmiras Shabbos Kehilchasa 18:9,21, Sefer 39 Melochos

 

Halacha L'Kovod  Shabbos - "Wearing a Reflector Belt on Shabbos"

{We previously discussed that one is Rabbinically prohibited to walk in a R'shus Harabim (Public Domain that is not enclosed by an Eruv) while wearing garments or accessories that entail the risk that the wearer may absentmindedly remove and carry them. These include items that a woman might remove to show her friends, accessories that are loose and may fall off, or items of clothing that a person might remove because of embarrassment. Due to the complexities involved one should not categorize an item without consulting a Rov in each instance.}

 

According to the psak of Rav Shloma Zalman Auerbach a Reflector Belt worn to help drivers see pedestrians at night  may be worn on Shabbos in a R'shus Harabim. Some poskim however recommend that if possible the reflector should be worn as a belt, rather than being worn over the shoulder.

 

Shulchan Aruch w/Mishnah Brurah 301:23,25,36, Sefer Hilchasa Rabasi L'Shabbos, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Using an Awning (aka Shlock) to cover a Sukkah"

Chazal placed a Rabbinic restriction on the making of temporary overhead structures (canopies, awnings etc.) known as an "ohel" because they bear a resemblance to "Boneh" - building structures, one of the 39 Av Melochos. As a general rule an Ohel canopy is not restricted unless three conditions are present;

 

1) It is needed to protect the area beneath, and

2) It has a width and air-space height of at least 1 Tefach, and

3) It is being made for the 1st time on Shabbos. (This means that adding to a previously existing Ohel is permissible).

 

It is permissible to open a folding table on Shabbos/Yom Tov even though the area beneath the table will be covered by a canopy (i.e. the table top) because the table is not placed there to protect the area beneath it.

 

It is permitted to use an awning over a Sukkah to protect it from rain if;

a) the plastic or other covering rests directly upon, or within a Tefach of the S'chach, or

b) (even if it is more than a Tefach higher than the S'chach), the rolled awning or tarp is left unrolled and spread at least 1 Tefach over the Schach before Shabbos/Yom Tov  - so that when it is opened fully one is only adding to a previously existing Ohel, (The width of the roll itself does not count towards the 1 Tefach spread), or

c) the Shlock or awning is attached to, or built into, the frame of the Sukkah or the house near the Sukkah. It is considered to be an accessory to the structure, intended to be opened and closed like a door or window, and is not included in the Rabbinic restriction.

 

Rambam  Hil. Shabbos 22:27, SA 315:2,7,8,11,20, MB12,14,31,  SA 626:3, Shmiras Shabbos Kehilchasa 24:15, Chayei Odom 42:3, Sefer 39 Melochos

 

{Next Friday we will discuss umbrellas (prohibited), a Tallis held above the children in shul on Simchas Torah, and other examples of Ohel}

 

Halacha L'Kovod Shabbos - "Using an Umbrella on Shabbos/Yom Tov"

We previously discussed the Rabbinic restriction on the making of temporary overhead structures (canopies, awnings etc.) known as an "ohel" because they bear a resemblance to "Boneh" - building structures, one of the 39 Av Melochos.

 

An "Ohel B'Yad Odom" refers to a canopy whose shape is formed while being held up in one's hands (or by ones body), and may be made on Shabbos and Yom Tov. Therefore, one may hold a jacket or coat over one's head (on Shabbos, only with an Eruv) to protect from the rain. Likewise, based upon the same principle, we understand the custom to spread and hold a Tallis aloft on Simchas Torah for Kol Haniarim and Chosson Torah/Bereshis.

 

However, the exemption of "Ohel B'Yad Odom" only applies when the overhead shape is formed and maintained as it is held. It does not apply to a stiff material that maintains its shape without being held. This would preclude the use, for example, of a large tray to protect from the rain, and also precludes the use of an umbrella because the umbrella material is held in its open shape by its frame.  Even if the umbrella were to be opened before Shabbos/Yom Tov it would not be permissible to be used.

[Although there are some reasons to permit an umbrella, it was not permitted by the earlier pre-eminent poskim, and therefore contemporary poskim do not rule against them.]

 

S'U Noda B'yehudah Tinyana OC:30, Biur Halacha 315:8, Chazon Ish 52:2,6,10, Aruch Hashulchan 315:12, Shmiras Shabbos Kehilchasa citing R' Shloma Zalman Auerbach, S'U Avnei Nezer OC 222:4, Sefer 39 Melochos

 

Halacha L'Kovod  Shabbos - "Wearing a Watch on Shabbos"

{We previously discussed that one is Rabbinically prohibited to walk in a R'shus Harabim (Public Domain that is not enclosed by an Eruv) while wearing certain garments or accessories.}

 

In some instances a watch is not Halachically considered a garment, and wearing one where carrying is prohibited can be permitted under the category of a Tachshit - an item of jewelry. However, not every watch can be considered jewelry.

 

Pocket watches of all kinds are forbidden because even a beautiful gold pocket watch attached to a chain is primarily a functional timepiece as it is only exposed when one wants to see the time, while otherwise it remains concealed in a pocket.

 

Wrist watches have a basis to be permitted if it can be considered an ornamental watch and a jewelry item, the purpose of which is primarily decorative. This may be determined by whether one would still wear the watch if it stopped functioning.

 

Some Poskim consider a wrist watch to be an actual garment because it is strapped to the body, and they permit the wearing of even an ordinary watch because a garment may be worn even if it is not ornamental, or protective of the body. Nevertheless, they advise that one should refrain from wearing any watch because some watches are prohibited (e.g. pocket watch, pendant watch) and a lenient attitude could confuse unlearned people who may not properly differentiate.

 

The opinion of R' Moshe Feinstein is that although there are reasons to permit the wearing of a wrist watch on Shabbos, a conscientious person is best advised to not wear any watch in a Public Domain on Shabbos.

 

Shulchan Aruch w/Mishnah Brurah 301:45, Bi'ur Halacha there, Shmiras Shabbos Kehilchasa 18:27:108,111, Igros Moshe OC 1:111, S'U Maharsham 103, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Winding Watches, Setting Clocks on Shabbos"

{We Previously discussed that some poskim permit the wearing of wristwatches on Shabbos, while others are stringent.}

 

According to the Poskim who permit the wearing of a watch on Shabbos, one may also wear a battery operated watch, which is not considered Muktzeh.

 

According to most Poskim winding a watch (even while it is running) is not permitted because it is the Melocho of Makeh B'Patish - completing an otherwise useless object by making it a functional instrument. A timepiece is not considered a truly functional instrument unless it runs continuously and maintains accurate time.

 

There is a disagreement among the Poskim as to the permissibility of setting the time on a watch or clock with hands that can be set mechanically. (Setting the time on an LED or LCD readout type clock/watch is not permitted). One should therefore refrain from setting the time on a watch or clock unless one does so for a Mitzvah related purpose.

 

Shulchan Aruch w/Mishnah Brurah 338:15 See Sha'ar Hatziyun 14,15, S'U Ksav Sofer OC 55, Minchas Shlomo (R' Shloma Zalman Auerbach) 9:pg70, Kilkeles Hashabbos Mil. Makeh B'Patish 38, Shmiras Shabbos Kehilchasa 28:23,25,55, Da'as Torah 338:70, Kaf Hachaim 308:280, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Carrying a House Key on Shabbos"

There are acceptable methods of wearing a key on Shabbos. However, there is widespread misunderstanding about this subject. Inasmuch as a simple key is obviously neither an item of jewelry nor any kind of garment, the only method by which it can be carried is by integrating it as an accessory to a garment, or improvising a form of Tachshit (jewelry) out of the key.

 

The following are forbidden methods;

a)       Attaching the key to a necklace or bracelet. (The key does not enhance the jewelry, nor serve as an accessory to the person or garment)

b)       Fashioning and using a simple brass or steel key as a decorative pin.

c)       Tying the key to a belt or belt-loop from which it is simply carried while suspended.

d)       Tucking the key into a hat band or pants cuff.

 

The following are permitted methods;

a)       Devising a belt in which the key functions as part of the buckle.

b)       Fashioning a belt so that the key functions to hold two ends of the belt together.

c)       Fashioning a belt so that the key (hole) functions as the hole-catch for the buckle.

d)       Fashioning a decorated key to function as a tie clip, or pin to hold to sides of a blouse or shirt, thereby fulfilling the role of s button or cuff-link.

 

Finally, there are some poskim who permit the use of a decorative pin or necklace with a gold key (or regular key studded with gems). However, it is best to avoid this method if possible.

 

Shulchan Aruch w/Mishnah Brurah 301:11 MB42, 45, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Wearing Eyeglasses/Contact Lenses on Shabbos"

It is permitted to wear prescription eyeglasses outdoors because eyeglasses are worn continuously and can therefore be regarded either as a functional accessory (i.e. aiding one's vision) or even as a garment. There is also no concern that the glasses will fall off and be carried because they are ordinarily designed to fit snugly on the face. However, there is a basis to refrain from wearing them if the person can see fairly well without them and does not wear them all the time. (If one's glasses are broken in some way, one should ask a posek a shailah before wearing them).

 

Ordinary sunglasses should not be worn outdoors (without an eruv) because of the risk that the wearer will remove them in the shade or when the sun is less bright, and carry them in his hand or pocket. It is also questionable whether sunglasses (that are not worn continuously) can be considered a garment or Tachshit. (With regard to prescription sunglasses one should ask his posek).

 

Reading glasses may not  be worn outdoors (without an eruv) because they are not designed for walking and regular wearing, but are rather intended for use after one reaches his destination.

 

Contact lenses may be worn outdoors (if one is accustomed to wearing them regularly) because they are worn constantly against the eye and are regarded as part of the eye itself. However, if they are very new and the wearer has not yet adjusted to them he should not wear them for fear that they may irritate the eyes and be carried.

 

Shulchan Aruch w/Mishnah Brurah 301:MB42,44,  Aruch Hashulchan 301:61, S'U Har Tzvi OC 173, Shmiras Shabbos Kehilchasa 18:17:67,  18:18:71,72, Sefer 39 Halachos

  

Halacha L'Kovod Shabbos - "Wearing Rain Hats, Bonnets, or a plastic bag on Shabbos"

The Poskim differed on the question of wearing a plastic rain-hat. R' Shloma Zalman Aurebach permitted the rain hat because it is specifically made as a fitted accessory for the hat and can therefore be viewed almost as part of the hat once fitted in place. On the other hand, R' Moshe Feinstein ruled that a plastic hat cover is neither a garment (because it is never worn by itself), and it is not a Tachshit-accessory (because it is neither ornamental nor protective of the person. It serves only to protect the hat, as the person's head is already protected by the hat itself).

 

All opinions agree that one may not go outdoors with a plastic shopping bag covering one's hat because the bag is not made for, or properly adapted for the hat. However, it would be permitted to wear the bag over the hat if it is pulled down to also cover a part of the face or the neck, thereby protecting the person from the rain. In this manner the bag functions as a garment.  {One who is not wearing a hat, or even a woman who is wearing a shaitel, may cover their head with a plastic shopping bag or the like because the bag serves as a garment to protect the person. A shaitel does not on its own protect from the rain inasmuch as the rain easily goes through the shaitel and wets the woman's hair and head}.

 

A woman may also wear a rain bonnet, even over her shaitel, because the bonnet protects the head, and also because the bonnet is tied at the chin and is worn as a garment. Unmarried as well as married women wear bonnets to protect their hair from the rain. A woman may even wear a bonnet on a dry windy day to protect her hair or shaitel from being windblown.

 

Shmiras Shabbos Kehilchasa 18:46, Igros Moshe OC 1:108-111, Shulchan Aruch 301:21,34 MB129, see Sha'ar Hatztiyun 162, Aruch Hashulchan 301:66, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Wearing Gloves on Shabbos"

It is permitted to walk outdoors while wearing gloves on Shabbos because the gloves are considered garments which protect from the cold.

 

There are those however, who are machmir (stringent) and do not wear gloves on Shabbos because of the concern that one may have cause to remove the glove(s) (e.g. to swat away an insect, or to shake someone's hand) and then may inadvertently walk four Amos while carrying the glove(s) in his hand. The solution suggested by the Shulchan Aruch is to attach the gloves to the coat before Shabbos by sewing a string to the coat and gloves, or use another type of strong clip or knotted string to attach the gloves to the coat before Shabbos. {Although if one will remove a glove while outside, and then forget to put it back on before beginning to walk again it will now be dangling from the coat, the Mishna Brurah surmises that we are not concerned for this because we do not today generally live and walk in areas that constitute a R'shus Harabim D'Oraysah}.

 

The Mishnah Brurah concludes, based on the writings of the later Poskim, (Bach, Taz, Elya Rabbah, Pri Migadim, Chayei Odom)  that although one should not protest against those who do wear gloves, a "Ba'al Nefesh" - one who wishes to be precise and exact in his performance of mitzvos should act stringently in this matter.

 

Shulchan Aruch w/Mishnah Brurah 301:37, see also Biur Halacha

 

Halacha L'Kovod Shabbos - "Walking with Rolled Up Shirt Sleeves"

There is a basis to permit one to wear a shirt with rolled up sleeves (outdoors, without an Eruv) because this is an accepted manner of dress and would not constitute Hotza'ah. However, R' Moshe Feinstein is quoted as having ruled stringently on this matter because the rolled up portion of sleeve is considered  extra material (a Massui) since in very hot weather the extra portion of material is unwanted, and most people would prefer a short sleeved shirt. Nevertheless, Rabbi Yisroel Belsky reports that he asked R' Moshe zt'l if he would permit someone who would prefer wearing a long sleeved shirt even in very hot weather (e.g. he is uncomfortable wearing a short sleeved shirt because of tznius, and would rather wear a long sleeved shirt and roll up the sleeves a little bit) to wear rolled up sleeves. R' Moshe answered affirmatively, that if one prefers the long sleeved shirt the rolled up portion may still be considered a garment and it would be permissible.

 

Shulchan Aruch w/Mishnah Brurah 301:30,34 MB115,127, see Sha'ar Hatziyun 160, Sefer 39 Melochos Hotza'ah fn528,528a

 

Halacha L'Kovod Shabbos - "Wearing a Jacket Over The Shoulders"

It is permitted to wear a jacket or coat over the shoulders like a cape (i.e. without one's arms in the sleeves) where there is no Eruv because this manner of dress is considered Derech Levisha - an accepted manner to wear a garment and is permitted. However, it is preferable that one avoid doing this in a full-fledged R'shus Harabim because we are concerned that the jacket may fall off and be carried.

 

Shulchan Aruch w/Mishnah Brurah 301:MB167 see Sha'ar Hatziyun 160, Shmiras Shabbos Kehilchasa 18:4 note 24, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Dry Cleaner's Tags on Shabbos"

Dry Cleaner's tags that are sewn or stapled to a garment and are not plainly visible (i.e. it is attached to the inside of the garment, or to a portion of the garment that will be tucked in when worn) are considered subordinate to the garment and thereby acquire the same status as the garment itself, and may therefore be worn outside even a R'shus Harabim. However, if the tag is attached to a portion of the garment that is visible (and therefore embarrassing to wear) it would be considered a Masui and may not be worn outside on Shabbos.

Furthermore, one should not remove labels or tags on Shabbos that are sewn or stapled to the garment because they are attached by a means of a form of Tofair (sewn on - stapled is akin to sewn) and removing them is therefore a form of Koraya. Even if one can open the staple and remove the tag without tearing the tag, it should not be done on Shabbos.

 

Shulchan Aruch w/Mishnah Brurah 301:23 MB84, S'U Minchas Yitzchok 3:36, Choveres L'Torah V'Horoah (citing R'Moshe Feinstein) 1:pg8, Shmiras Shabbos Kehilchasa 18:44:172, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Causing a wind-current to blow against candles"

On erev Shabbos one must be careful not to place the Shabbos candles or the Chanukah Menorah nearby an outside door which will let in an air draft that may blow out the candles on Shabbos, thereby transgressing the melocho of Mechabeh - putting out (or diminishing)  a fire. This applies as well to an interior door which when swung open may cause the candles to blow out. On erev Shabbos Chanukah if one's placement of the Menorah puts it nearby an outside door, one should set up a mechitza - a barrier of some sort to block any draft that may occur when the door is opened. If one forgot to create a mechitza before Shabbos one may place a non muktzeh object between the Menorah and the door on Shabbos as a wind barrier. If no barrier is in place one may not open the door on Shabbos except in case of dire need and while being extremely careful to open it very slowly and gently. In the case of an interior door, if one opens the door very slowly to avoid creating a draft, one may open the door on Shabbos without a mechitza for any need at all.

 

{Also, one should be careful not to light the Menorah in a place where people are constantly walking back and forth, whereby they may inadvertently extinguish the flame(s) and transgress the melocho of Mechabeh.}

 

Shulchan Aruch w/Mishnah Brurah 277:1, see Biur Halacha, SA w/MB 680:1,2, Magen Avraham 277:1, 514:10, Halichos Yosef 680:1, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Wearing a Garment with spare buttons sewn on it"

The Shmiras Shabbos Kehilchasa cites Poskim who contend that one may not wear a garment with spare buttons sewn on it in a R'shus Harabim on Shabbos. Inasmuch as the buttons do not serve as an accessory to the garment and are important in their own right for use as a replacement if and when needed, they do not become secondary and insignificant to the garment even when attached. Therefore and one would be prohibited to wear the garment due to the melocho of Hotza'ah - carrying.

 

However, many of the foremost Poskim including R' Moshe Feinstein and R' Shloma Zalman Auerbach permit wearing a garment with spare buttons sewn on it even in a R'shus Harabim because since it is common practice for tailors of fine garments to add spare buttons, the extra buttons are considered part of the garment even though it has no use at this time.

 

Shulchan Aruch 301:39, Shmiras Shabbos Kehilchasa 18:30:131, Choveres L'Torah V'Horoah 1:8, S'U Machazeh Eliyahu, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Wearing a garment with a loose button"

A garment with a loose, dangling button that is too weak to effectively fasten the garment (and is too valuable to discard) is forbidden to be worn where there is no eruv. If the button is dangling but still strong enough to fasten the garment, one may wear the garment with the button fastened so that it serves as a functional accessory to the garment. If the loose button is simple and plain and therefore easy to replace, according to some poskim, it may be worn even when loose and not fastened because it is totally immaterial to the wearer. However, the wearer must first resolve to replace the button and not simply repair it.  If the loose button is unsightly and embarrassing to the wearer the garment may not be worn where there is no eruv because it is considered an undesired Masui, (even when the garment has extra spare buttons sewn into it).

Shmiras Shabbos Kehilchasa 18:40:161,  Minchas Shabbos 84:27, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Wearing a belt on Shabbos"

A belt is considered a garment (for the purpose of holding the garment in place, when worn for its function), or a Tachshit (ornament - ie. a stylistic enhancement). However, if the belt serves none of these purposes, such as a leather, mens belt looped in trousers, but left unbuckled and hanging loose; one may not go in R'shus Harabim with it because it is never worn that way and cannot be considered part of the trousers, nor can it be considered a garment in its own right, and it does nothing to enhance or add function to the garment in any way. It can only be viewed as being transported, which is not permitted. A coat with a matching belt may be worn even if the belt is untied and hanging loose because the belt is nevertheless complimentary to the coat and is often worn in this fashion. (When a belt is sewn into a garment it is always considered part of the garment and may be worn even if left untied).

 

Shulchan Aruch w/Mishnah Brurah 301:36,39 MB133,135, Aruch Hashulchan  301:107, Shmiras Shabbos Kehilchasa 18:29:127, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Wearing a "Gartel" in R'shua Harabim on Shabbos"

According to some Poskim (including the Shmiras Shabbos Kehilchasa) one is permitted to wear a Gartel even though it is not fastening other garments (i.e. it is worn on top of a regular belt) because it is classified as a garment in it's own right worn in honor of one's Tefillah. However, according to R' Moshe Feinstein a Gartel is halachically no different than any other belt and simply wearing it directly over another belt is forbidden because it serves no protective, useful function. Therefore, in order to comply with this stricter ruling one should wear the Gartel (assuming one has the minhag to wear a Gartel) around the outside of a jacket or coat so that it is fastening the jacket in place. If this is not practical, the Gartel should be brought to shul before Shabbos.

 

Shulchan Aruch w/Mishnah Brurah 301:MB134, see Sha'ar Hatziyun 169, and SA 301:35, Shmiras Shabbos Kehilchasa 18:5, Igros Moshe OC 2:35, OC 3:46, OC 4:101:5, YD 2:35, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Riding a bicycle on Shabbos"

One may allow a child to ride a tricycle indoors, or where there is an Eruv. However, a child should not be permitted to ride a bicycle, even where there is an Eruv. Riding a bicycle in a R'shus Harabim is Hotza'ah (Carrying) M'deoraisa (of the bicycle) according to some poskim. The bicycle is not considered subordinate to the rider. A bicycle is also Muktzah according to some poskim because it is designed primarily to be ridden in the public domain; hence it is a Kli She'melachto L'Issur - an object whose primary use is for something prohibited on Shabbos. Shmiras Shabbos Kehilchasa 17:17:52, Tiltulay Shabbos Ch. 1,C(a)FN21 citing R' Moshe Feinstein z'l, Yesodei Yeshurun Shabbos:385, Sefer 39 Melochos, {see also Shalmei Yehudah & Shalmei Yehonoson on Hilchos Muktzeh who also pasken that a bicycle is Muktzeh}

 

Halacha L'Kovod Shabbos - "Putting Out Bread or Crumbs for Birds on Shabbos"

The Mishnah Brurah states: "There are some people who have the custom of feeding wheat (or bread) to birds on Shabbos Shira and this is an incorrect custom because the birds are not in your care.", and this is prohibited on Shabbos. One is only permitted to feed his own animals or those under his care on Shabbos. One may not put out food for a stray cat, or for wild birds on Shabbos (and they are Muktzeh). Similarly one may not feed ducks or fish in a pond or lake on Shabbos (applicable to mistaken custom of feeding bread to fish at Tashlich). If one wishes to fulfill this custom (as mentioned in Sefer Hatoda'ah) one should place bread outside for birds on erev Shabbos. {A stray dog is an exception to this rule, and one is permitted to feed a stray dog (provided that it is docile) because the Torah has revealed that a starving dog does not rouse as much compassion as do other hungry animals, and will likely go hungry if not fed. The Torah requires human compassion for all living creatures that are not harmful. A dangerous or vicious dog may not be fed on Shabbos, and should not be owned by a Jew. Shulchan Aruch 324, 11,12,13 MB31, see Biur Halacha "Vi'yonei", Mes. Shabbos 155b, Mes. Bava Kamma 79b, SA CM 409:3, SA 308, SA 317:12 see Biur Halacha "Litafsam", Sefer 39 Melochos

 

 

Halacha L'Kovod Shabbos - "Using a Wheelchair on Shabbos"

One is not permitted to wheel an invalid in a wheelchair (without an Eruv) because rolling is equivalent to carrying (i.e. carrying and transferring the invalid and the chair). However, there is a basis to permit an invalid to wheel himself, even in a R'shus Harabim. According to R'Moshe Feinstein z'l the wheelchair is comparable to crutches that are permitted because they are halachically considered like his own legs, thus the wheelchair is considered an extension of him, and he is not considered to be carrying the chair. (This is different than a bicycle ridden by a healthy individual who does not need the bicycle to move around). Others may lift the chair to mount a curb while being careful not to a) carry the chair 4 Amos in the public domain, or b)from one domain into another (e.g. from the sidewalk which is in most cases a Karmelis, into the private domain - the house or onto the stoop). When an invalid needs assistance to transfer himself and the chair from the street (karmelis) into the house (private domain), one may request the assistance of a non-jew to carry the chair/invalid up the stoop into the house. In all cases the invalid must not carry any items with him in the chair, or in his pockets, as they would be considered a Massui and not permissible. If an invalid is unable to wheel himself there may be grounds to permit the use of a non-jew (in a Karmelis), and one must consult with a Rov.

Shulchan Aruch 301:17, Igros Moshe OC 4:90, SA 307:5, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Walking outside with Food or Gum on Shabbos"

Walking in a Public Domain (without an Eruv) with food in one's mouth is the Melacha D'oeraisa of Hotzo'ah - Carrying. Therefore, one must be certain to swallow his food or remove chewing gum from his mouth before leaving the house or Eruv. However, (according to the psak of R' S.Z. Auerbach) one is not required to rinse out his mouth, as long as nothing substantial (i.e. that can be felt) or bothersome is stuck to his mouth or in his teeth. Mes. Shabbos 102a see Tosafos there, Shmiras Shabbos Kehilchasa 18:8, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Riding A Swing or Playing Tether-ball on Shabbos"

It is permitted to ride a swing (or push a child on a swing) or play tether-ball (ball attached to a rope hanging from a pole) outdoors on Shabbos even in a R'shus Harabim without an eruv, (when the swing or ball is not attached to a tree, in which case they may not even be moved on Shabbos). The swinging action is not an Akirah or a Hanacha and does not involve a problem of Hotzoah. Rather, the movement of the swing or the ball and rope is comparable to the opening of a hinged door that swings from a private domain into a public domain, which is permitted. {One should also note that other forms of ball playing outdoors are not permitted on Shabbos, except for ping pong which is played on a table.}

Shulchan Aruch w/Mishnah Brurah 349:1, 352:1 MB15, see Sha'ar Hatziyun 12, Rambam Hil. Shabbos 12:11, Sefer 39 Melochos, SA 338:5 w/MB19 see Biur Halacha 337:2, Shmiras Shabbos Kehilchasa 17:5 fn17

 

Halacha L'Kovod Shabbos - "Walking Outside With Essential Medications On Shabbos"

Some Poskim permit people suffering from chronic medical conditions (e.g. angina, asthma, diabetes, severe allergies, etc.) which require them to carry medications on their person at all times, to go to shul or to a Torah lecture (i.e. mitzvah activities) where there is no eruv, on the condition that the medication is carried in a backhanded, unusual manner (e.g. wrapped in plastic under one's hat, tucked inside a sock, or a pants cuff, wedged between one's undershirt and skin, etc.). Only the minimum dose necessary should be carried. Because this question involves complex halachic compromises, one must ask a shaila to a competent Rov before using the above described heter in each instance. Shmiras Shabbos Kehilchasa 40:7, Mahrash Engel 3:43, 7:20, Sefer 39 Melochos

 

Halacha L'Kovod Shabbos - "Carrying in a Backyard With an Open Gate"

If a backyard or other area is surrounded by a fence it is not necessary for any doors in the fence to be kept closed to permit carrying within the enclosure as long as the opening is not wider than ten Amos (appx. 17.7' - 19' - Igros Moshe - Chazon Ish). It is considered natural for an enclosure to have an entrance and an exit, and the doors or gates are a functional aspect of the partition/enclosure. However, if the opening is wider than ten Amos the opening is no longer considered an entrance, rather, it is a "pirtzah" (breach) and invalidates the enclosure, and one may not carry. If gates covering an opening wider than ten Amos (e.g. gates at the entrance to a bungalow colony) were left open before Shabbos, it is permitted to close the gates on Shabbos as it is no different than the opening and closing of a door to a house which is permitted on Shabbos. {One may not place an unhinged gate or hang a sheet of wood to cover the opening on Shabbos}. Shulchan Aruch 362:4,5,8,9 MB35,52, SA 315:1 MB4, Mes. Eruvin 11a, 15b, Igros Moshe OC1:139:3

 

Halacha L'Kovod Shabbos - "When Shabbos Ends"

One may not do melocho until the very end of the "twilight" period (known as "bein hash'mashos"), when it is certain that Halachic "night" has occurred. Night is determined by the emergence of three average sized stars (known as "tzais hakochavim"). However, most individuals are not qualified to determine what an average sized star is based upon independent observation. Consequently, one must rely on calculations of hours and minutes. Some poskim permit Melocho as early as 40 minutes after sunset, while others require 72 minutes or longer. This also depends on the time and place. R' Moshe Feinstein ruled that "night" occurs in New York and its environs at 50 minutes after sunset. Even the lenient views concede that one should not hurry to end Shabbos. It is proper to honor the Shabbos by delaying its departure. One must also be cognizant of the seriousness of Shabbos transgression, and therefore one should be reluctant to rely upon lenient views. Shulchan Aruch 293:2 MB7, see Biur Halacha, SA 261:2 see Biur Halacha, SA 342 MB2 see Biur Halacha, Mes. Shabbos 35b, 118b, Igros Moshe OC4:62, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Using a Broom on Shabbos"

It is questionable whether sweeping with an old-fashioned straw broom on Shabbos can be permitted because the sweeping action often causes some bristles to snap and break off, involving the Melocho of Sossair (Demolishing). Use of such brooms should therefore be avoided, (according to some opinions the broom is even muktzah). Most contemporary style brooms however are perfectly permissible to be used because they are made of flexible and durable bristles that rarely become detached during normal use.

 

Shulchan Aruch w/Mishnah Brurah 337:2 MB13,14 see Bi'ur Halacha, see Sha'ar Hatziyun 9, SA 308 MB163, Shmiras Shabbos Kehilchasa 23:3, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Walking in High Heels on Earth/Soil"

Stabbing a small hole in the soil is the Melocho of Choiraish (plowing) because a small hole is effective in surrounding and embedding a seed, and is therefore adequate in sustaining a seed and protecting it, even if the soil is not soft or loose. Ladies high-heeled shoes might be a problem on bare soil since the sharp pointed heel almost inevitably penetrates the earth and kicks up soil with every step. Nevertheless, there is firm basis to permit wearing these shoes even on soft soil. However, when walking in these shoes it might be preferable to walk slowly, thereby, penetrating and kicking up soil with each step is not inevitable.

 

Shulchan Aruch w/Mishnah Brurah 301:17 see Bi'ur Halacha, SA 314 MB11, SA 337 see Sha'ar Hatziyun 2, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Washing Floors on Shabbos"

Chazal forbade the rinsing of earthen floors on Shabbos because of the likelihood that this may lead one to inadvertently scrape and level the dirt-floor surface (thereby violating the Melocho of Boneh and/or Choresh). The Rabbinic injunction was extended to include all floorings to avoid confusion; therefore one may not rinse or wash floors on Shabbos. (Washing floors with a mop could also involve S'chita - squeezing; using towels or cloths could involve Melabain - whitening).

 

Shulchan Aruch w/Mishnah Brurah 337:3 MB17, see Biur Halacha in sk2, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Dropping Seeds, Pits, Apple Cores Outside on Shabbos"

The Melacha of Zoraya - Planting can occur by merely dropping seeds or pits on any type of soil, as long as the seed could possibly germinate. Therefore, when eating fruits or vegetables outdoors care must be taken to not discard the pits, seeds, or cores by dropping them on the ground. Likewise, decaying fruits or vegetables (e.g. spoiled tomatoes, cucumbers, peppers, peas and beans) must not be dropped on the lawn or soil because they also contain seeds which could take root and grow. If one did drop seeds or pits on the ground one may not be permitted to pick them up on Shabbos as they may be Muktzeh. A Rov must be consulted in each instance to determine whether they should be retrieved on Shabbos, or after Shabbos, before they have a chance to germinate.

 

Shulchan Aruch w/Mishnah Brurah 336:4 MB33, SA 308:28,29,30,  MB122,123, Shvisas Hashabbos Zoraya:13, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Shaking out a Tablecloth Outdoors on Shabbos"

In the early days of farming a mixed collection of grain kernels, chaff and stem debris, would remain on the threshing grounds after the threshing process. It was essential to somehow remove the useful kernels from the waste matter. By scooping up shovels of the kernels mixed with the chaff and throwing them against the wind, the lighter chaff would be blown away by the wind, leaving the heavier kernels to drop to the ground. This process known as winnowing is the Melocho of Zoreh.  It follows that any manner of separating or removing undesirable matter from a food or other article by wind, whether natural or artificial is also considered Zoreh, and is prohibited even when one is indiscriminately scattering a substance or liquid - even when nothing is being selectively separated. Common examples are: One may not blow at a mixture of peanuts and their thin coverings to disperse the thin shells from the peanuts. One may not shake a tablecloth against the wind, thereby causing the crumbs to become dispersed by the force of the wind. One may not blow excess confectioners sugar from a cookie or pastry.

 

Shulchan Aruch 446 see Magen Avraham, SA 319:17,  Mes. Shabbos 73b, 74a see Rabbeinu Chananel, see Yerushalmi p. Klal Gadol, Eglei Tal Zoreh:4, Kitzur Hilchos Shabbos Mel:Zoreh, Pnei Shabbos citing the Maharsham Drashos L'Shabbos Hagadol 76, Shvisas Hashabbos Zoreh:8, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Eating a Shabbos Meal Outdoors"

Watering plants or grass on Shabbos is (a Toldah of) Zoraya because the water promotes the growth of the plant. Therefore one must be careful not to cause water (and other non-caustic liquids) to spill on grass or plants. One is not permitted to wash his hands over the grass even if his sole intention is to wash his hands and not water the grass. One should also preferably not picnic directly on a lawn due to the likelihood that drinks will spill on the grass. However, since this is only a stringency and not prohibited, it is permitted for one to eat a Shabbos or Yom Tov Seudah directly on the grass (e.g. a Sukkah built on a grass surface) because in a place of a Mitzvah (i.e. Seudas Shabbos or Yom Tov) one need not be stringent. If one wishes to be machmir, one may place a tarp or sheet of wood over the grass before Yom Tov. Water that has collected on outdoor furniture or toys etc. (or on a Sukkah cover) may not be spilled off where it can get onto the grass or shrubs unless; it has just rained heavily and the ground is already saturated, or it is being spilled onto pavement or wood decking (even if it will continue to roll onto grass) so long as it is not his intention to water the grass (and therefore it is only a grama - an indirect act). (Likewise, one may L'chatchila eat a meal on a wood deck over grass).

 

Shulchan Aruch w/MB 336:2,3 MB26,27,29, Sha'ar Hatziyun 18,19, Eglei Tal Zoraya 5, Kaf Hachaim 336:3:29, SA 357:1 MB8, Shmiras Shabbos Kehilchasa 12:51, Chasam Sofer to SA252:20

 

Halacha L'kovod Shabbos - "Use of Aerosol Spray on Shabbos"

Common aerosol spray dispensers such as hair-sprays, deodorants, and room-fresheners operate by use of a propellant that is sealed inside the container together with the liquid spray product under pressure. Depressing the push button on the valve releases pressure, thereby forcing the liquid product through the valve. The liquid turns into a spray-mist as it is released from the nozzle. Based upon the view of the Talmud Yerushalmi (per. Klal Gadol) that the act of indiscriminately scattering a substance or liquid - even though nothing is being selectively separated is the Melocho of Zoreh (winnowing), some Poskim question the use of spraying devices on Shabbos. Nevertheless, R' Moshe Feinstein (and the Minchas Yitzchok) ruled that because the scattering is not caused directly by human blowing or wind force, but rather by the pressure in the can/dispenser, it is not similar to Zoreh and it is permitted to be used on Shabbos L'chatchila.

 

Hilchos Shabbos R' Shimon Eider, Minchas Yitzchok 6:26, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Use of Hairspray on Shabbos"

One is permitted to spray one's hair (e.g. sprinkle or hand-pat water on frizzy hair) on Shabbos as long as it is not very wet, because the Melocho of Melabain (cleaning or scouring) does not apply to the human body. (If the hair gets very wet it may not be squeezed out since hair is subject to the prohibition of S'chita - squeezing). However, the use of hairspray which will stiffen the hair and form a structure may involve the Melocho of Boneh (building). If one sprays the hair first and then styles and shapes it; this would be prohibited on Shabbos because it is similar to Boneh. However, some poskim permit the use of hairspray if one is careful to first style and shape the hair, and then only afterwards add the hairspray. When done in this manner the loose hair is shaped at the time of styling, and does not resemble Boneh because the hair is loose. The subsequent spraying merely acts to retain a pre-existing shape. Once the hair has been sprayed it can no longer be shaped, styled, or touched. {We mentioned previously that the use of hairspray on Shabbos does not involve the Melocho of Zoreh.}

 

Shulchan Aruch w/Mishnah Brurah 302, Shmiras Shabbos Kehilchasa 14:50:131, Kitzur Hilchos Shabbos re:Gozez:5:16, Biur Halacha 303:27, Hilchos Shabbos R' Shimon Eider, Minchas Yitzchok 6:26, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Adding Water to a Vaporizer On Shabbos"

It is permitted to add water on Shabbos to a cold-water vaporizer on Shabbos. Causing the water to vaporize in this manner does not involve the Melocho of Zoreh (winnowing) or any other restriction, because the scattering action is not caused by wind force, but by the spinning motion of a large, flat disc located at the top of the vaporizer container. As the disc spins it lifts up droplets from the water surface, and forces them out through an opening or vent. On the other hand, adding water to a hot-water vaporizer is strictly forbidden due to the Melocho of Bishul (cooking).

 

Hilchos Shabbos R' Shimon Eider citing R' Moshe Feinstein, S'U R' Akiva Eiger 271:20, Biur Halacha 319, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Basic Principles of Borer - Separating"

Any form of selecting from, or sorting of an assorted mixture may be Borer. This includes removing undesirable objects or other matter form a mixture or combination. Examples include:

 

�         Removing spoiled cherries from a bowl of cherries

�         Removing unwanted nuts from a jar of mixed nuts

�         Trimming away a brown spot on an apple or banana

�         Removing bones from fish

�         Peeling an orange to eat at a later time

�         Sorting mixed cutlery and placing into separate drawer sections

�         Sorting laundry into separate drawers

�         Sorting dirty laundry from clean laundry

�         Removing undesired noodles from a bowl of soup

�         Removing an undesired blue sock from a pile of black and brown socks

 

In coming weeks we will discuss how one may accomplish some of the above tasks without transgressing the Melocho of Borer.

 

Shulchan Aruch w/Mishnah Brurah 319:3:MB15, Rambam Hil. Shabbos 8:13, Sefer 39 Melochos

 

Halacha L'kovos Shabbos - "Borer is Only Applicable in a Mixture"

Not all forms of separating are necessarily the Melocho of Borer. Borer is only possible when there is a Halachic mixture present.  Examples of halachic mixtures presenting a problem with Borer are:

 

�         Cherries mixed with blueberries

�         A pile of silverware (spoons, forks, knives)

�         Peanuts and raisins in a bowl

�         Clothing items in a laundry basket

�         A bowl of mixed fruits

�         Assorted Seforim stacked together

�         Bones in fish, or in chicken

�         Peels attached to fruits or vegetables

�         Seeds or pits in fruits or vegetables

�         Eggs or nuts in their shells

�         Dirt on vegetables or fruits

�         Grapes attached to their stems

�         Raisins in a challah

�         Oil on a soup

�         Crumbs or noodles in a soup

�         An insect on a leaf of lettuce

 

On the other hand, assorted objects that are not randomly mixed, or are not attached, or are readily distinguishable because of a clear, striking difference in their consistencies or structures are not considered a Halachic mixture. Sorting such mixtures is therefore not Borer and is permissible. Examples are:

 

�         Oranges and tangerines scattered on a table

�         Silverware spread out on a table

�         Socks arranged by size and color

�         Apples in a bag

�         Liquid in a glass

�         Food on a plate

�         Two seforim resting one upon the other

�         Chunks of potato, chicken, matzah balls or the like in a soup

�         Pickles in brine

�         Meatballs in sauce

�         Ice cubes in soda

 

Shulchan Aruch w/Mishnah Brurah 319:3,4,8, 321:19,29 Rambam Hil. Shabbos 8:13, Aruch Hashulchan 319:8, Shmiras Shabbos Kehilchasa 3:97, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Three Conditions Required To Permit Borer - Selection"

As stated earlier, Borer is the Melocho of selecting undesirable objects or other matter from a mixture or combination. However, most Shabbos chores can be accomplished permissibly so long as all of the following three conditions are fulfilled simultaneously.

 

  1. By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.
  2. Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.
  3. Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.

 

Example: a mixed bowl of almonds and raisins, where one desires the raisins. To separate the raisins permissibly on Shabbos one must;

 

  1. Remove the raisins by hand (not with a device e.g. a lipped pitcher or funnel)
  2. Remove the raisins that he desires from the almonds (not the reverse)
  3. Intend to eat all of the selected raisins immediately, (not for later in the day)

 

In the coming weeks we will more clearly define the parameters and application of these three conditions for permissible Borer.

 

Shulchan Aruch w/Mishnah Brurah 319:1,4,5,see MB-Intro, see also Biur Halacha, Rambam Hil. Shabbos 8:12, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Use of a Utensil to Separate on Shabbos"

As stated earlier, one of the 3 required conditions to permit Borer (Selection) on Shabbos is that the separation be done by hand and not with a utensil. However, at times a utensil can also be halachically classified as "by hand" where the utensil is no more instrumental in the selection than that which could be accomplished by one's hands directly. Examples:

 

Forks, knives and spoons are permitted to be used to eat with, despite that fact that one is using them to select from various foods on the plate, because they do not expedite the selection. They are being used simply for convenience and sanitary reasons, and one could eat with one's hands even if this might not conform to the rules of etiquette. However, one may not use a spoon to skim oil off the top of a soup because the spoon performs a more efficient separation than could possibly be done with one's hands.

 

One may use the rim of a pot to help strain the soup from undesired noodles by tilting the pot, because as a straining device the rim of the pot is no more efficient than one's own hands. However, one may not pour the soup and hold back the noodles with the lid of the pot because the combination of the pot and lid straining the noodles is considered to be a strainer.

 

Likewise, one may use a knife to peel fruits and vegetables, but one may not use a peeler because one cannot accomplish the same thing by hand, and the peeler is a specialized "Borer" instrument. Strainers and slotted spoons used to strain liquids may also not be used on Shabbos for the same reason.

 

Shulchan Aruch w/Mishnah Brurah 319:MB52562, Igros Moshe OC:1:124, OC:4:74:1,6, Eglei Tal "Borer" 6, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "When Removing is Not Borer"

The prohibition of Borer applies only to sorting a mixture, or selecting from a mixture, and thereby improving all, or part of it for a positive purpose. However, merely removing an unwanted item that lies on top of and is blocking other desired items is not an act of Borer at all. The act of removal in such circumstances is referred to by the Poskim as "Siluk"  (removal), and is permitted even though it may appear to be taking "Psoles M'Toch Ha'Oichel" (the bad - undesired item from the good - desired item), and even if the desired item is not needed "Miyad" - immediately. This is permitted when the person has no interest whatsoever in sorting or improving the mixture, but merely intends to remove the obstructed or obscured item. Examples of permitted "Siluk" are:

 

One may remove apples at the top of a bowl of fruit, in order to reach an orange at the bottom.

 

One may remove slices of pastrami on a mixed serving plate to reach turkey at the bottom.

 

One may remove items at the top of a laundry basket to reach a desired garment at the bottom.

 

One may push aside unwanted clothing in a very full closet in order to remove a desired garment.

 

One may push aside coats at the top of a coat pile to pull out the desired coat from the bottom.

 

Shulchan Aruch w/Mishnah Brurah 319:3, see Biur Halacha, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Borer - Peeling Fruit and Removing Candy Wrappers"

 

As stated earlier the Melocho prohibition of Borer is permitted if three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.

 

Although it would seem that an orange peel would be considered P'soles (undesired) in relation to the orange, nevertheless, one is permitted to peel an orange even though one is removing the peel from the orange. Likewise, it is permitted to remove a candy wrapper on Shabbos, as well. Wherever the attachment (peel to orange, wrapper to candy) prevents direct access to the Oichel, the P'soles may be removed to allow access to the food. This is different than the ordinary Borer-mixture in which the undesired matter is merely dispersed in the mixture and is not a direct barrier to the mixture. For the same reason, it is permitted to rinse dirt and soil off fruit. This permit exempts only the condition of Oichel Mitoch P'soles. It does not exempt the other two requirements. Therefore, when peeling fruit or candy one must remember to do it "By Hand" and for "Immediate use". {as stated earlier, one may use a knife to peel fruit, and this is considered "By Hand"}

 

Shulchan Aruch w/Mishnah Brurah 321:19 see Biur Halacha, Eglei Tal Borer:5:10, Igros Moshe OC:1:125, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Borer - Removing Seeds from Melons"

Melons pose a Borer problem because their seeds are attached to or embedded in the fruit. There are however permissible methods to remove the seeds on Shabbos.

Cantaloupe and Honeydew Melons. In these melon types small seeds are found in the center cavities of the melons. Because the seeds effectively prevent access to the food (similar to an orange peel) there is a firm basis to permit the removal of the seeds by using a spoon to scoop out the seeds or to shake the mass of seeds off the opened melon. However any individual seeds left remaining upon the melon surface after the bulk mass has been removed cannot be considered to be a barrier to access the fruit and should L'chatchila only be removed by cutting away some of the melon together with the seeds. However, if one does not wish to waste any melon for this purpose one can expel the seeds from one's mouth after eating the fruit with the seed. If this is impractical the seeds may be shaken off immediately prior to eating. If the above two possibilities are too difficult, the individual seeds may be removed by hand or with a spoon immediately prior to eating.

Watermelons. Because watermelon seeds are embedded in the fruit itself they cannot be viewed as being an obstruction to access the fruit. Therefore one should expel the seeds from one's mouth after eating the fruit with the seeds. {Some Poskim permit one to vigorously shake the watermelon seeds off. However, it is prudent to adopt a stringent attitude with regard to this serious halachic question.}

 

Shulchan Aruch 319:MB84, Igros Moshe OC:4:74, Shmiras Shabbos Kehilchasa 3:17, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Removing Chicken or Fish Bones"

Removing bones from chicken or fish is an example of P'soles Mitoch Ochel (undesired item from the desired item) and should therefore be prohibited even when done just before the meal. Thus when eating fish with very small bones, the entire combination would have to be eaten together, with the bones removed or expelled from the mouth during eating. This of course is quite inconvenient. However, with care, one can eat chicken or fish in a permissible manner, as follows; Hold the chicken/fish to the plate while pulling away the chicken/fish. This is permitted because pulling away the meat from the bone constitutes removal of Ochel (desired) Mitoch P'soles (from the undesired) which is permitted. There are some Poskim who permit removal of bones when done immediately before the actual eating. However, many Poskim do not concur with this lenient ruling, and since this is a serious shailah, one should refrain from using this lenient ruling except when preparing food for a small child or an elderly person.

 

Chazon Ish 54:1,5, Shmiras Shabbos Kehilchasa 3:22, Biur Halacha 319:4, Sefer 39 Melochos

  

Halacha L'kovod Shabbos - "How Long Is Considered Immediately Before The Meal"

As stated earlier, the Melocho prohibition of Borer is permitted if all these three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.

 

There is in fact no precise unit of time by which to measure and determine Miyad - Immediate Use. Rather, the criteria for Miyad are relative to the circumstances.  As a rule, whatever time is needed by a particular individual to prepare a particular food or meal (or objects for use)  is considered Miyad, and one may begin sorting or selecting within that period. Examples:

 

Preparation for a meal is underway and a variety of chores, some of which involve Borer, are necessary (e.g. sorting mixed silverware, peeling eggs, peeling vegetables). It is permitted to do the Borer activities (so long as all 3 conditions prevail) anytime during the entire course of preparation of the meal even though the selected items will not be used until much later in the meal, (even if the course of preparation includes non-Borer activities). So that even if the entire preparation will take an hour or more it is considered Miyad. However, one would not be permitted to complete the preparations and then take a two minute walk, and then sit down for the meal, because the extra two minutes are not part of the preparation and even a very brief unrelated delay is no longer considered Miyad.

 

An assortment of pastries are closely packed in the freezer and one desires on of them. One may select the one he wants even if it will take an hour to thaw before it can be eaten - since the thawing time is considered part of the preparation.

 

Shulchan Aruch w/Mishnah Berurah 319:1, see Biur Halacha there, SA 321:MB45, Igros Moshe OC:4:74:13, Shemiras Shabbos Kehilchasa 3:20,  Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Situations of Borer Where Miyad Is Absent "

As stated earlier, the Melocho prohibition of Borer is permitted if all these three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.

 

The following are examples where the condition of Miyad is absent, and Seperating is therefore not permitted;

 

  1. Leftovers after a Kiddush: One may not sort leftovers after a Kiddush to be put away for later.
  2. Putting away Cutlery: One may not replace assorted silverware into separate drawer compartments.
  3. Preparing Clothing: One may not select a child's outfit from a mixed drawer of clothing on Friday night for Shabbos morning.
  4. Table Settings: One may not make table settings from mixed silverware long before the meal (for the sake of convenience).
  5. Sorting Dishes: One may not sort a stack of dishes of different sizes to put away in a cabinet.

Sefer 39 Melochos

 

 

Halacha L'kovod Shabbos - "Calculating to Fulfill The Miyad Requirement"

As stated earlier, the Melocho prohibition of Borer is permitted if all these three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.

 

While one must be careful to select only what is needed for immediate use, there is no requirement to make exact precise predictions. Therefore, one may deliberately make liberal preparations for a meal to accommodate possible extra guests or double portions without violating the Miyad requirement, because this is considered a genuine need. However, the intention must be genuine, not merely a pretense for much later needs. If due to miscalculation more than necessary was selected, the food may nevertheless be eaten later without concern that any transgression was committed, provided that the miscalculation was unintentional. Furthermore, if one selected food but then decided not to eat right now, one has not transgressed  Borer by changing his mind, as there is no halachic requirement for one to eat what was prepared.

 

SA w/Mishnah Berurah 319MB5 see Sha'ar Hatziyun 5, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Performing Borer For Another Person"

As stated earlier, the Melocho prohibition of Borer is permitted if all these three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.

 

One is permitted to sort and select on behalf of someone else just as one is permitted to do so for himself, provided that all of the above three conditions prevail. Examples:

 

Pairing socks for a child (who will wear them right away)

Peeling an orange for a friend (who will eat it right away)

Preparing a meal for others (who will eat shortly thereafter)

 

Also, the status of P'soles and Oichel is determined by the preference of the user, not the selector. Therefore one may select what for him is P'soles when it is desired by another person who will use it right away.

 

Shulchan Aruch w/Mishnah Berurah 319:1, MB6, 319:16Tosafos Shabbos 74, Shmiras Shabbos Kehilchasa 3:56, Taz 319:13, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Circumventing A Borer Problem - Silverware or Chess"

The 3 Conditions under which Borer is permitted (By Hand, Good from Bad, Immediate Use) do not always provide a practical solution for every Borer problem. For example, a woman wishes to make place settings on the Shabbos table (or put the silverware away in their individual drawer compartments). However, the silverware is mixed together and must be sorted. Using the 3 conditions permitting Borer will only allow her to set the table just before the meal, but she wants to set the table and then go to shul to daven.  The solution is to un-mix the mixture, thus avoid the question of Borer entirely.  One may take a few of the mixed pieces of silverware at a time, and spread them out on the table  so that they are not on top of one another and no longer closely positioned in between one another. Since the melocho of Borer is only applicable to mixed items, sorting or selecting would then be permitted regardless of what is being removed or how far in advance the sorting is being done. (One could use the same method to avoid the problem of Borer when sorting chess pieces. That is; spread the pieces out on the table so that they are no longer mixed, and then one would be permitted to remove the white or black pieces from the table since they are no longer "mixed"). Igros Moshe OC:4:74:11, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Circumventing A Borer Problem - Removing Good/Bad Together"

The Melocho of Borer is only transgressed when one removes the Psoles (undesired or bad) from the Oichel (desired or good). However when the Psoles is removed, but not isolated from the mixture, an act of Borer has not occurred. Therefore it is perfectly permitted to remove the Psoles from the mixture so long as one removes a combination of Psoles and Oichel at the same time.  Permitted Examples:

1. One may spoon out a fly, or crumbs in a drink as long as some liquid is also removed.

2. One may remove undesired noodles from a soup as long as some liquid is also removed.

3. One may remove the brown spot on a banana as long as some unspoiled fruit is also removed.

4. One may remove the seeds of a melon by cutting away a thin slice of melon with the seeds.

5. One may use an apple corer because apple is removed with the core.

Prohibited Examples:

1. One may not remove a hair from a drink with the handle of a spoon. The minute droplets of liquid that adhere to the hair are too insignificant to qualify as retaining the mixture intact.

2. Peeling fruit or vegetable is permitted only for immediate use. One may not however peel for later use despite the fact that inevitably a minute amount of fruit/vegetable is removed along with the peel, because the removed fruit is negligible and always discarded with the peel, and is therefore halachically nullified.

 

Shulchan Aruch w/Mishnah Berurah 319:14, MB 319:55, 61,62, T Shaar Hatziyun 319:59, Taz 319:13, Eglei Tal Borer 6:8,11,  Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Heter in Borer of Derech Achilah"

The act of eating itself can never be considered a Melocho. This exemption is called Derech Achila - the eating process. For example, chewing food on Shabbos is not prohibited under the Melocho of Tochain - Grinding, even though the food is crushed by the chewing process. Likewise regarding Borer; any selection that is part of the eating process is not prohibited.  Thus, one is permitted to remove the bad from the good during the actual eating process.

Example: One may expel watermelon seeds or fish bones from one's mouth while eating. (One should not L'chatchila remove seeds by hand, even just prior to eating). When feeding a small child chicken or fish with small bones, the bones may be removed while feeding him since a small child cannot eat the food safely (or without great difficulty) unless it is boned. In this instance one may rely on a leniency called "M'yad  L'Peh"-from hand to mouth. This is an extension of Derech Achilah according to some Poskim, but should only be relied upon in cases where eating the food otherwise would be extremely difficult (or dangerous).

 

Shulchan Aruch w/Mishnah Berurah 319:1 (see Taz), 319:17, S'U Rashbah 4:75, SA321:12, Biur Halacha 319:4, Sha'ar Hatziyun 319:98,99, 321:MB84, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Borer on Yom Tov - General Rules"

Borer - Separating is permitted on Yom Tov (without fulfilling the three conditions of By Hand, Good from bad and Immediate Use) because it is a Melocho which is performed primarily for Ochel Nefesh ( food necessities). In this respect Borer is similar to the Melochos of Bishul -Cooking and Hotza'ah - Carrying, which are also permitted on Yom Tov for the same reason. However, there are three rules that apply to Borer on Yom Tov;

  1. The selection must be done in the easiest manner possible,
  2. Selection may not be performed with a s pecially designed Borer tool,
  3. Types of Selections normally done on a large scale are prohibited.

We will examine and clarify these rules in the coming weeks. The following are examples of permitted Borer on Yom Tov;

Sorting mixed silverware, clothing, and foods. Peeling eggs, fruits, and vegetables long in advance of a meal. Pits and seeds may be removed from fruits and melons without and precaustions or conditions. Bones may be removed from fish or chicken, and fat may be skimmed from the top of a soup.

 

Mes. Beitzah 14, Shulchan Aruch 510:2 MB6,7, 510:4 MB19, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Borer on Yom Tov - Easiest Selection"

As stated previously, Borer - Separating is permitted on Yom Tov (without fulfilling the three conditions of By Hand, Good from bad and Immediate Use) because it is a Melocho which is performed primarily for Ochel Nefesh ( food necessities) which is permitted on Yom Tov. However, there are three rules that apply to Borer on Yom Tov;

  1. The selection must be done in the easiest manner possible,
  2. Selection may not be performed with a specially designed Borer tool,
  3. Types of Selections normally done on a large scale are prohibited.

Although the general Melcha restrictions of Borer do not apply on Yom Tov, other special restrictions do apply. The Mitzvah to honor (Kovod) and enjoy (Oneg) Yom Tov requires that one refrain from tedious or monotonous chores and menial tasks, since this detracts from the dignity and enjoyment of the Yom Tov. [Thus, general house cleaning and similar chores (e.g. dusting, moving furniture, etc.) are not permitted on Shabbos and Yom Tov even when they do not involve any Melacha.] Therefore one must seek the easiest, least menial method of performing the selection and remove from the mixture that which is easiest to remove, regardless of which is the good and which is the bad. Example: A large bowl of almonds has a few unwanted raisins mixed in. On Shabbos one would be required to remove all the almonds (good-desired) and leave the raisins (bad-undesired).  However, on Yom Tov one is required to use the easier method, and simply remove the raisins from the bowl. [Although Shabbos is also subject to restrictions on tedious, menial work, this consideration is secondary to the laws of Borer on Shabbos, and all of the Three Conditions to permit Borer on Shabbos (By Hand, Good from bad and Immediate Use) must be fulfilled, regardless of the inconvenience.

 

Shulchan Aruch w/Mishnah Berurah 110:2, 333,  510:2 MB6,8, 319:4, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Borer on Yom Tov - No Special Utensil"

As stated previously, Borer - Separating is permitted on Yom Tov (without fulfilling the three conditions of By Hand, Good from bad and Immediate Use) because it is a Melocho which is performed primarily for Ochel Nefesh ( food necessities) which is permitted on Yom Tov. However, there are three rules that apply to Borer on Yom Tov;

  1.  The selection must be done in the easiest manner possible,
  2. Selection may not be performed with a specially designed Borer tool,
  3. Types of Selections normally done on a large scale are prohibited.

Although Selection is permitted on Yom Tov which should mean that using a selecting utensil (e.g. sieve) is permitted; nevertheless, the use of a specially designed utensil is restricted. The restriction however is unrelated to the Melacha of Borer which is permitted on Yom Tov. Rather, they are prohibited because they are commonly used for large scale selection and are thus associated with weekday occupations.  Examples: Sifting flour or matzah meal (for the first time) on Yom Tov with a sieve is prohibited. Straining food with a straining device is prohibited on Yom Tov. Notwithstanding this restriction some Borer utensils may be used on Yom Tov provided they are clearly not designed or used for large scale selections.

 

Shulchan Aruch w/Mishnah Berurah 319:4 MB19, 506MB5, Shaar Hatziyun 11, 510:2MB5,7,9,  see Biur Halacha, Shmiras Shabbos Kehilchasa 4:12, SA510:3MB12 see Biur Halacha, 510:4MB17, Sefer 39 Melochos

Halacha L'kovod Shabbos - "Borer on Yom Tov - Large Scale Seperations"

 

As stated previously, Borer - Separating is permitted on Yom Tov (without fulfilling the three conditions of By Hand, Good from bad and Immediate Use) because it is a Melacha which is performed primarily for Ochel Nefesh ( food necessities) which is permitted on Yom Tov. However, there are three rules that apply to Borer on Yom Tov;

  1. The selection must be done in the easiest manner possible,
  2. Selection may not be performed with a specially designed Borer tool,
  3. Types of Selections normally done on a large scale are prohibited.

Although selection is permitted on Yom Tov, selecting on a large scale is prohibited because it constitutes Uvdin D'chol -  "weekday occupations". Thus even selecting on a small scale is prohibited with foods or objects that are usually and customarily selected on a large scale.  Soaking beans in water to cause dirt to separate or float to the surface is prohibited on Yom Tov because this is commonly done on a large scale. Cheese making or any other similar method of causing milk to sour and separate is likewise prohibited on Yom Tov for the same reason. It should be noted that Uvdin D'chol is also prohibited on Shabbos. However these applications of Uvdin D'chol are not relevant on Shabbos because the particular selection is already prohibited by the Melacha itself.

 

Mes. Beitzah 14, Shulchan Aruch 510:2 MB6,7, 510:4 MB19, 319:17, 510:5 MB21, Magen Avraham 510:4, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Borer on Yom Tov - A Preference"

Although we have stated previously that Borer is permitted on Yom Tov without requiring any of the Three Conditions of Borer (i.e. By Hand, Good from bad and Immediate Use), there are Poskim (Including The Rashba and Taz) who hold that Borer is prohibited on Yom Tov just as it is on Shabbos. In order to comply with all views, it is preferable, where possible, to select the Good from Bad of the mixed item (Ochel m'toch P'soles), and to do so only just before using or eating (M'yad). However, foods that could not have been prepared before Yom Tov (e.g. fruits, eggs, vegetables and the like that will not remain fresh if peeled before Yom Tov) are completely exempt from the restrictions of Borer on Yom Tov and may be peeled well in advance.

 

Taz 510:3, Biur Halacha SA510:2,  Shulchan Aruch 495:2 MB7, Shulchan Aruch Harav 510:5, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Trimming Fat From Meat "

One may not trim the fat from a piece of meat, even just before eating it. To separate the fat permissibly on Shabbos, one may;

 

A) Hold down the entire piece of meat with a fork, while trimming away the meat from the fat. In this manner it is considered Oichel Mitoch P'soles (see below), or

 

B) One may trim some meat away together with the fat. However, one must trim off a meaningful amount of the meat with the fat (i.e. more than what would be left on fat that is being discarded.

 

Shvisas Hashabbos 9:22, Taz 319, Chazon Ish 54:5, Shmiras Shabbos Kehilchasa 3:22, Sefer 39 Melochos

 

[As stated earlier, the Melocho prohibition of Borer is permitted if all these three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.]

 

Halacha L'kovod Shabbos - Borer Applications - "Cracking Nuts"

A nutcracker may be used on Shabbos to crack open nuts because the nutcracker is not considered a 'Borer utensil' because it does not select or sort, but merely breaks apart the shell around the nut. Any separation or sorting that may take place later is accomplished with one's hands and fingers. However, special care must be taken to remove the nut from the broken shell, and not the reverse, and the separating of the nut from the shell should be done immediately before the time of use.

 

Igros Moshe OC:1:125:6, SA 308:3, Chazon Ish 54, Sefer 39 Melochos

 

[As stated earlier, the Melocho prohibition of Borer is permitted if all these three conditions prevail;

 

By Hand (B'Yad) - The selection must be done by hand and not with a utensil or instrument that aids in the selection.

Good from the Bad (Oichel Mitoch P'soles) - The desired objects or matter must be selected from the undesired, and not the reverse.

Immediate Use (Miyad) - The selection must be done immediately before the time of use, and not for a later use.]

 

Halacha L'kovod Shabbos - Borer Applications - "Preparing Salads"

People are sometimes unaware of the requirement of M'yad (Immediate Use) when peeling fruits, vegetables or eggs for a salad. For example, when preparing eggs for an egg salad, one must remember to peel the eggs just before the meal, and not earlier. When making a fruit or vegetable salad one should also prepare the salad immediately prior to use. Also, if one cuts very small pieces, this would involve a question of Tochain (Grinding).  Thus, one should cut the pieces slightly larger than usual.

 

Shulchan Aruch w/Mishnah Berurah 321:19, Igros Moshe OC:4:74:8, SA 321:12,45, Sefer 39 Melochos

 

Review: How Long Is Considered M'Yad

There is in fact no precise unit of time by which to measure and determine Miyad - Immediate Use. Rather, the criteria for Miyad are relative to the circumstances.  As a rule, whatever time is needed by a particular individual to prepare a particular food or meal (or objects for use)  is considered Miyad, and one may begin sorting or selecting within that period. Examples:

Preparation for a meal is underway and a variety of chores, some of which involve Borer, are necessary (e.g. sorting mixed silverware, peeling eggs, peeling vegetables). It is permitted to do the Borer activities (so long as all 3 conditions prevail) anytime during the entire course of preparation of the meal even though the selected items will not be used until much later in the meal, (even if the course of preparation includes non-Borer activities). So that even if the entire preparation will take an hour or more it is considered Miyad. However, one would not be permitted to complete the preparations and then take a two minute walk, and then sit down for the meal, because the extra two minutes are not part of the preparation and even a very brief unrelated delay is no longer considered Miyad.

 

Shulchan Aruch w/Mishnah Berurah 319:1, see Biur Halacha there, SA 321:MB45, Igros Moshe OC:4:74:13, Shemiras Shabbos Kehilchasa 3:20,  Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Labels on Foods, Fruits"

Labels stuck to the surface of foods should preferably not be peeled off, but should instead be cut away together with a small part of the food. This can be done even long before eating.  However, Challah labels should not be removed until after one has made the beracha and cut the Challah because doing so earlier would disqualify the Challah from being a Sholaim (whole) that is required for Lechem Mishnah. Labels are different than peels of the fruit because peels cover the entire fruit, thereby denying access to the food, (and as we learned earlier, are not considred to be P'soles) while labels only cover a small area of the fruit and are therefore like any P'soles (unwanted portion of the mixture). (Note: Some poskim do not make any distinction between labels and peels, and permit the simple removal of the label because it blocks access to the part of the food that it covers.) When cutting away the label one should be careful not to cut the letters on the label. However, one may tear between the letters even if a word is thereby broken.

 

Shmiras Shabbos Kehilchasa 3:56, 11:18, Biur Halacha 319:3, Rama 340:3, Magen Avraham 119:6, Taz 319:13 MB61, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Rinsing Soiled Foods"

Dirt or other undesirable matter clinging to fruits, vegetables, lollipops, sucking candies etc. is similar to peels of fruits/vegetables and may be rinsed or wiped off just prior to eating, but not earlier. Accordingly, one should rinse off sand from lettuce leaves only for immediate use.

 

Igros Moshe OC1:125, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Brown Spots on Fruits/Vegetables"

Spoiled or brown spots on apples, peaches, bananas and similar fruits may be cut away , provided that a small but significant  amount of the unspoiled part of the fruit adjacent to the spoilage is removed together with it. The usable part of the fruit that was cut away with the brown spot may be trimmed off later and eaten. There is no halachic or practical reason that it should be thrown away.

 

Shulchan Aruch 319, see Taz, sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Removing Stems"

The stems of fruits or vegetables (e.g. apples, pears, cherries, tomatoes, etc.) may be removed for immediate use if they are clearly discernable from the body of the fruit. However, stems that are embedded in the fruit (e.g. strawberries, etc.) might be considered a Borer combination, and should therefore be cut off together with a small part of the fruit. Another acceptable method is to hold the stem in one hand and pull the fruit away from the stem (not the reverse). Doing it in this manner is permitted because it constitutes Oichel Mitoch P'soles (good from the bad).

 

Shmiras Shabbos Kehilchasa 3:97, Chazon Ish 54, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Grapes On Shabbos"

Grapes still attached to their stems are a Borer combination and may be detached only just prior to eating, and only the desired grapes may be removed from the bunch. Those that are spoiled or inferior may not be removed. A cluster of grapes may also not be soaked in a bowl of water for cleansing - even if they are to be eaten right away because the soaking action constitutes the removal of the 'bad' from the 'good'. Some poskim however permit the rinsing of grapes under running water because this is considered washing, not sorting. However, it is preferable to rinse each individual grape separately for immediate use.

 

Minchas Chinuch Shabbos:Dosh, Shulchan Aruch 319:8 MB28, Igros Moshe OC:1:125, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Insects Found On Lettuce"

When discovering small insects on lettuce or other leafy vegetables one should not attempt to remove them by rinsing the leaf under running water because to do so constitutes Borer of Bad from Good. If the insect is alive there may be the additional prohibition of Shochait (killing a live creature). The proper procedure is to cut away and discard part of the leaf together with the insect. This method may be used even for later use.

Shulchan Aruch w/Mishnah Berurah 316:MB38, Taz end of 319, Shmiras Shabbos Kehilchasa 3:36:100, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Spoiled Lettuce Leaves"

The outer leaves of a head of lettuce may be removed (just prior to serving  - M'yad). {As stated in an earlier segment: Wherever the attachment (i.e. peel to fruit/vegetable, wrapper to candy) prevents direct access to the Oichel, the P'soles may be removed to allow access to the food. This is different than the ordinary Borer-mixture in which the undesired matter is merely dispersed in the mixture and is not a direct barrier to the mixture. For the same reason, it is permitted to rinse dirt and soil off fruit. This permit exempts only the condition of Oichel Mitoch P'soles.} If the lettuce has already been cut up into a bowl and some of the leaves are found to be spoiled, the spoiled leaves may not be removed, as this would constitute removal of P'soles Mitoch Ochel. Rather, one must remove the good leaves from the bowl, while leaving the spoiled leaves, even if this process is somewhat tedious. This may only be done M'yad.

 

Shulchan Aruch w/Mishnah Berurah 319:1, see Rama, see MB7, see Biur Halacha, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - Borer Applications - "Use of a slotted spoon"

A slotted spoon is considered a utensil for Borer purposes (similar to a strainer, sieve, or colander). Therefore, using a slotted spoon to drain liquids from solid food is prohibited under Borer. However, if one has no interest in draining any liquid from the solid food one may use a slotted spoon just as any other spoon, provided that one finishes the spooning and transferring before the liquid has a chance to drain off. (This is based upon the principle of "Davar Sh'aino Miskavain").

 

Igros Moshe OC4:74:1, Sefer Hilchos Shabbos Meleches Merakaid 96, Sefer 39 Melochos

 

* Halacha L'kovod Shabbos - Borer Applications - "Use of Tea Bags on Shabbos"

According to some Poskim using tea bags on Shabbos poses a problem of Borer because the tea bag is a Kli, similar to a strainer. They maintain that removing the wet, dripping tea bag from the glass is tantamount to straining the dripping tea essence from the tea leaves. Nevertheless, a tea bag could still be used if the bag is removed by means of a spoon instead of being drawn out by its string because by using a spoon no pressure is exerted on the tea bag, as it is when it is pulled out by its string. However, use of tea bags on Shabbos, even if removed with a spoon, is not recommended because use of the tea bag can also involve the Melacha of Bishul.

 

S'U Minchas Yitzchok 4:99:20, Kitzur Hilchos Shabbos Borer:17, Shmiras Shabbos Kehilchasa 3:171, SA 319:9, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Lawn Sprinklers on Shabbos"

Watering grass or plants on Shabbos is the Melacha of Zoraya (i.e. a Toldah of Zoraya) because the water promotes the growth of the grass or plant. Therefore, one must be careful not to cause water (and most liquids) to spill on grass or plants. It follows that a lawn sprinkler may not be turned on during Shabbos. However, if the sprinkler was turned on before Shabbos, it may be left on during Shabbos - similar to leaving a light that was switched on before Shabbos. (However, if the shutting of water faucets on Shabbos in the home will increase water pressure to the lawn sprinkler,  this may involve Halachic questions and should be discussed with a competent Rov.) A (non-electrical) sprinkler may be turned off during Shabbos for this does not involve any Melacha.

 

Rambam Hilchos Shabbos 8:2, Shulchan Aruch w/Mishnah Berurah 336:MB26, see Sha'ar Hatziyun 18, SA 252:5, Shmiras Shabbos Kehilchasa 26:8,26, S'U Tzitz Eliezer 4:31, Sefer 39 Melochos

 

 

 

* Halacha L'kovod Shabbos - "Moving Potted Plants on Shabbos"

Moving plants indoors: According to many Poskim live plants are Muktza and may not be moved or handled on Shabbos. Some Poskim do permit the handling of plants where doing so does not improve their growth. Because of this controversy and other Halachic problems associated with moving plants, it is advisable not to move or handle any plants unless absolutely necessary. (Very delicate or rare or expensive plants are Muktza according to all views).

 

Moving plants outdoors: In addition to the Muktza problem described above, placing a potted plant on the grass or soil can be the Melacha of Zoraya (planting) because the plant (Halachically) draws additional nutrients from the earth through holes on the bottom of the pot, and/or through the leaves overlapping the rim of the pot (and in some cases even through the pot itself). Furthermore, suspending a potted plant outdoors over a lawn (e.g. from a pole etc.) is also Zoraya because (Halachically) the plant draws additional nutrients from the soil below just by being exposed to it (even while not actually resting on the ground). Therefore bringing it over the lawn is Halachically equivalent to planting it there.

 

Shulchan Aruch 336:8 MB15,44, see Sha'ar Hatiyun 38, SA 308:1 MB3, Chayei Odom 12:1,2, Aruch Hashulchan 336:30, Eglei Tal Zoraya:9:22,23, Shvisas Hashabbos Kotzair:5, Sefer 39 Melochos

 

* Halacha L'kovod Shabbos - "Cleaning a Houseplant that Spilled"

If an indoor plant tipped over and spilled dirt, the dirt may be swept away or discarded. However, the dirt must not be put back into the plant container because doing so in effect improves the soil  of the plant and may be considered the Melacha of Choraish - plowing.

 

Shulchan Aruch w/Mishnah Berurah 337:2, MB12 see Biur Halacha, SA 336:6, Sefer 39 Melochos

 

* Halacha L'kovod Shabbos - "Handling Cut Flowers"

Once a plant is fully detached from its root/stem, it is no longer considered a living plant and the Melacha of Zoraya (Biblical) can no longer apply. Nevertheless, there are Rabbinical restrictions on watering and preserving these cut plants/flowers because watering them can lend to the outward appearance of Zoraya, (as well as other Shabbos restrictions).

 

* Flowers that have not fully bloomed may not be placed in water in Shabbos because this will cause the flowers to bloom more fully.

* Flowers that are fully bloomed, may also not be placed in water for the first time, according to some Poskim.

* One may not bring fresh water to fill (or refill) a vase of flowers because of the restriction of Tircha (excessive exertion) on Shabbos.

* Flowers (fully bloomed) that were already in water at the start of Shabbos may be replaced in the vase and water on Shabbos.

* Flowers that were placed in water (whether fully bloomed or not) may be removed on Shabbos.

 

SA 336:11, SA 336:MB53,54, see Sha'ar Hatziyun 48, Sefer 39 Melochos

 

* Halacha L'kovod Shabbos - "Preserving a Lulav on Yom Tov"

It is permitted to return a Lulav (on Yom Tov, not on Shabbos) to water or to replace it in a damp towel (which was prepared before Yom Tov) after use in order to preserve its moisture and prevent it from drying up and withering. However, only returning or replacing the Lulav is permitted: One should not place the Lulav in water for the first time, and one may certainly not prepare the water or towel on Yom Tov itself. On Shabbos, even returning a Lulav to water (or a damp towel) is forbidden because the Lulav is Muktzah on Shabbos.

 

Shulchan Aruch w/Mishnah Berurah 654 MB3, Mes. Sukkah 42a,  SA 336:MB54, see Sha'ar Hatziyun 48, Rama 558:2, Sefer 39 Melochos

* Halacha L'kovod Shabbos - "Soaking Vegetables for Eating"

Generally it is permitted to prepare water and soak vegetables that are detached and no longer growing, to preserve them or prevent them from wilting if this is needed to keep them palatable. However, certain foods present special problems. Bean sprouts or alfalfa sprouts are used by some people to make salads. Bean sprouts are actually legumes that when kept in moisture, grow into long stringy vegetables suitable for use in salads. The beans, which are stored in a jar, are watered and drained daily, and kept constantly moist for several days. Preparing and using the sprouts on Shabbos may involve the Melacha of Zoraya (planting) and Kotzair (harvesting). Watering the sprouts is the Melecha of Zoraya because it effectively causes the vegetation to grow, and any method of promoting plant growth (even out of the soil) is Zoraya. Furthermore, removing the sprouts from the jar, which is their source of growth and development, is equivalent to uprooting a growing plant from the ground and is forbidden under the Melacha of Kotzair. Thus, these sprouts can only be used on Shabbos if they were removed from their jar before Shabbos. Cutting and eating sprouts that were removed from the jar before Shabbos is permitted. Adding vinegar, salt water, or salad dressing is also permitted because these liquids do not enhance their growth.

 

Shulchan Aruch w/Mishnah Berurah 321:11, 336:11 MB51, Chayei Odom 11:2,  SA 336:4-6 MB35, Shmiras Shabbos Kehilchasa 26:4, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Placing Fruits or Vegetables into a bag to Ripen"

 

One is permitted to place unripened fruits and/or vegetables into a paper bag to help them ripen more quickly on Shabbos. This is not an act of Zoraya because the fruit is no longer a growing plant, and the softening and ripening that occurs later merely sweetens the fruit.

 

Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Scraping away Moss or Algae"

Virtually all forms of plant life, even those that do not grow naturally from the ground, are included in the Melocho of Kotzair (Reaping). Thus, it is prohibited to scrape away moss from a surface upon which it develops. Removing the moss is equivalent to uprooting any plant from its source of growth, and is the Melocho of Kotzair M'deoraisa (Biblical). Similiarly, scraping off algae that develops is forbidden as well.

 

Shulchan Aruch w/Mishnah Berurah 336:5 MB:35, Mes. Shabbos 107b - 108a, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Detaching Mushrooms From The Ground"

Mushrooms and truffles, (although they are not botanically identified as plants), may not be pulled up from the ground on Shabbos because the soil provides their source of growth and uprooting them is the Melacha of Kotzair - Reaping. {In other areas of Halacha mushrooms are not classified as "growing from the ground". For example, the beracha on mushrooms is Shehakol, not Hoadama, the beracha normally recited before eating vegetables that grow from the ground. Nevertheless, with respect to Kotzair mushrooms are regarded Halachically as plant life, because the soil provides the conditions for their growth.}

 

Shulchan Aruch 204:1 MB7, 290:1, Chayei Odom 12:1, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Reading a Menu or Guest List on Shabbos"

On Shabbos or Yom Tov it is generally forbidden for a host or hostess to read a menu of the courses to be served at meals or to review a guest list because of the likelihood of inadvertently revising the list while studying it. {This is a very common problem when making a Bar Mitzvah or Sheva Berachos on Shabbos}. According to some Poskim there is a basis to permit having a menu or guest list, and designating someone other than the host or hostess (i.e. one who does not feel the responsibility of the serving - this would likewise exclude a caterer or party planner) to read the list, who is not concerned with the accuracy of the list and therefore has no reason to revise it.  The above concerns do not pose any problem for a hotel guest to read a menu, since as a guest one whould have no reason to revise the menu.

 

Shulchan Aruch 307:12,13 MB47, Aruch Hashulchan 307:7, Sefer 39 Melochos Kosaiv #166

 

Halacha L'kovod Shabbos - "Affixing Letters to a Surface"

Any manner of creating a letter or picture on a surface is the Melacha of Kosaiv - writing, even without actually inscribing or marking the surface. Examples:

  • Affixing adhesive backed letters or decals to a paper or wall.
  • Snapping the letter tiles of a board game into their fitted grooves.
  • Attaching felt letters or shapes to a Velcro backing or magnetic letters to a metal plate.
  • Similiarly, one should not press letters onto the icing of a cake to form words.
  • Using a rubber stamp to form letters, words or pictures.

 

Shulchan Aruch w/Mishnah Berurah 340:22:MB8, see Sha'ar Hatziyun 51, Magen Avraham 340:10, Igros Moshe OC1:135, Titulei Shabbos pg25:24, Sefer 39 Melochos

 

Halacha L'kovod Shabbos - "Cutting or Molding Foods Into Shapes/Letters"

According to some Poskim the Melacha of Kosaiv - writing, is transgressed if one cuts or molds foods into a shape, letter, or symbol, and one should refrain from doing so on Shabbos.  Examples:

  • Forming a tuna salad or chopped liver display into the shape of a fish or animal.
  • Cutting vegetables or fruits into a flower or other shape.
  • Cutting a watermelon, cantaloupe etc. into a basket or other boat shape.

{Forming shapes from smaller particles such as tuna fish or chopped liver may also involve the Melacha of Boneh - building.}

 

Chayei Odom Hil. Yom Tov 92:3, S'U Har Tzvi Kuntras Tal Harim Melacha Kosaiv 2, Rambam 7:6, Sefer 39 Melochos

 

 
 
 
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