NIGHT SEMICHA PROGRAM. Shiur. Hilchos Shabbos. Based on the Hebrew sheets of HaGaon Rav Yitzchak Berkovits shlit a

Transcription

1 Shiur 8 Hilchos Shabbos Based on the Hebrew sheets of HaGaon Rav Yitzchak Berkovits shlit a 2014

2 Mechaber 318:13 Cooking in the Sun and in Vessels that were Heated by the Sun0F1 : Mechaber: 3: Just as it is forbidden to cook in a fire, it is forbidden to cook in Toldos ohr.1f2 For example, [it is forbidden] to put an egg next to a hot pot or to break it onto a kerchief that was heated by the fire, in order to roast it. And [it is forbidden to cook] even with Toldos chama; for example, a kerchief that was heated in the sun this is a gezeira [to protect from] Toldos ohr. Similarly, it is forbidden to surround it in sand or dust that was heated in the sun. However, with regards to the sun itself, for example to put an egg in the sun or to put water in the sun so that it will heat up that is permitted. Introduction COOKING IN THE SUN Thus far we have focused on cooking using the medium of fire. Chazal discuss other methods of cooking such as Toldos ohr, chama (sun), and Toldos chama. Source 1: Mishna, Shabbos, 38b: Everyone in the Mishna agrees that it is assur to roast an egg by placing it next to a hot urn that was heated by fire. However, there is a machlokes as to whether it is mutar to crack an egg on a kerchief that was heated by the sun the Tanna Kama forbids it, but R Yosi permits it. Source 2: Gemara, Shabbos, 39a: Additional Notes and Information 1 This is known as Toldos chama and refers to any material that was heated by the sun. 2 This refers to something that was heated by a fire and is now used to cook something in it. fire. 2

3 Rav Nachman explains that everyone agrees that it is assur midoraisa to cook food in a fire, or in something (such as a pot or kerchief) that was heated by a fire (Toldos ohr). Everyone also agrees that it is mutar to cook something directly in the sun. The Machlokes between the Tanna Kama and R Yosi pertains to something that was heated in the sun (Toldos chama). The Tanna Kama holds that it is assur miderabanan as a gezeira that if a person can cook food in Toldos chama he may come to think it is mutar to cook in Toldos ohr which is assur midoraisa. R Yosi holds that there is no such gezeira and it is mutar to heat in the sun. Why is it Mutar to Cook in the Sun? Source 3: Rashi, Shabbos, 39a, Dh: Deshari: Rashi explains that it is mutar to cook something in the sun because, it is not the way to cook using the sun. There is considerable debate amongst the Acharonim as to what Rashi means, and to the practical ramifications of Rashi s explanation. Does Rashi mean that it is mutar to cook in the sun because it is considered a shinui (change)?2f3 Moreover, what would happen if it became normal to cook in the sun (or with any other medium that isn t fire) would it then become assur midoraisa or would it remain mutar? Source 4: Shemiras Shabbos Kehilchasa, New Edition, Chapter 1, Hearah 145: The Shemiras Shabbos asks that now that it is normal to heat things using the sun, perhaps it is assur midoraisa. Source 5: Kiryat Sefer of the Mabit, Shabbos, Chapter 9: The Mabit explains that one is not chayav for cooking using the sun, because only cooking with a fire is considered to be the kind of bishul that the Torah forbade, since in the Mishkan the cooking was done with fire. This seems to contradict Rashi s explanation, in that the implication of the Mabit is that one could never be chayav for cooking using the sun even if it became normal to do so. Source 6: Mishna, Shabbos, 38b, Gemara, 39a: The Tanna Kama and R Yosi argue as to what is the status of Chamei Teveria (the hot springs of Tiberias). R Yosi holds that it is considered Toldos ohr because it is heated by the heat of Gehinnom, whereas the Tanna Kama holds that it is only considered to be Toldos chama. Rav Berkovits points out that this Gemara seems to imply that the question of whether something cooks is not dependent on whether it is normal to 3 Even though it is normally still assur miderabanan to perform a Melacha with a shinui, in this case it may be mutar because it is a shinui gamur (a major change). 3

4 cook that way, because if it was, then the issue should have been determined by whether or not it was normal to cook with Chamei Teveria. Rather, the key factor was the source of the heat is it heat of fire or heat of the Sun? If that is true then when Rashi said that it is not the way to cook with the sun, he may have meant that it is intrinsically not the way to cook with the sun, regardless of whether it becomes normal to cook that way or not. Source 7 : Igros Moshe, Orach Chaim, Chelek 3, Simun 52: Rav Moshe Feinstein understands Rashi to mean that cooking in the sun was mutar because it was not the normal method of cooking but were it, or any other method of heating, to become commonly used and effective, then it would be assur doraisa to cook that way. He even explains that the Mabit would agree with this, even though this is not the simple understanding of the Mabit. Based on this explanation, Rav Feinstein ruled that it should be assur midoraisa to cook something in a microwave even though a microwave is not considered to be fire. Yet, since it has become normal to cook food that way, it became assur midoraisa. Toldos Chama Whilst everyone agrees that it is mutar to cook something in the sun itself, there is a Machlokes amongst the Tannaim as to whether it is mutar to cook something in Toldos Chama. The Tanna Kama holds that it is assur miderabanan, but R Yosi holds that it is mutar. Source 8: Shulchan Aruch, Simun 318, Sif 3, Mishna Berurah, Sif kattan 21: The Mechaber rules like the Tanna Kama; therefore, it is assur to cook food in anything that is considered to be Toldos Chama. This halacha is most relevant to the 4 question of using hot water from a Dud Shemesh (solar-heated water boiler).3f Dud Shemesh Source 9: Yabia Omer, Chelek 4, Simun 34, Orach Chaim,Os 1: When a person turns on the hop tap, cold water mixes with hot water that was heated by the sun that hot water is considered to be Toldos chama and the cold water is cooked by that. Therefore, it should be assur miderabanan to turn on the hot water. Rav Ovadia Yosef is lenient because of a combination of reasons one of them was that he argued that the person turning on the tap is not thinking about the 4 When the boiler is heated by electricity, it is considered as Toldos Ohr and is a question of an issur doraisa. 4

5 cold water being heated, therefore it is a psik reisha, and since the issur in this case is only miderabanan, he notes that several Acharonim hold that a psik reisha of an issur 5 derbanan is mutar.4f Source 10: Shemiras Shabbos Kehilchasa, First Edition, Chapter 1, Sif 29, Hearah 67: In the first Volume of Shemiras Shabbos, Rav Shlomo Zalman Auerbach is quoted as permitting using hot water in a Dud Shemesh his argument was that the reason for the gezeira not to cook in Toldos chama was to prevent a person coming to think that it is mutar to cook in Toldos ohr, but Rav Auerbach argued that no-one would make such a mistake with a Dud Shemesh as it was designated for water that was heated by the sun. (This volume was written before the electric element was added that enabled the water to be heated through electricity.) Source 10: Shemiras Shabbos Kehilchasa, New Edition, Chapter 1, Sif 51, Hearah 145: When they added the electric element Rav Auerbach changed his ruling and said that one should refrain from using the hot water. Rav Auerbach himself held that this is really not considered to be Bishul b tolodos chama which is assur, rather he saw it as bishul b chama which is mutar. Halacha Lemaaseh Microwaves Rav Moshe Feinstein holds that since a microwave is a normal and effective way of cooking, it is assur midoraisa to cook food in a microwave on Shabbos. Rav Yosef Shalom Elyashiv and ybl ct, Rav Shmuel Wosner agreed with Rav Feinstein. Rav Shlomo-Zalman Auerbach holds that since a microwave is not fire there is no issur of bishul involved in using a microwave (needless to say there would be other issurim). Rav Berkovits rules like Rav Auerbach. A possible practical difference between Rav Feinstein and Rav Auerbach is if someone cooked food in a microwave on Shabbos. According to Rav Feinstein it would have the regular halachos of 5 There are other factors included in his leniency, including the fact that he holds that this was a gramma an indirect causing of the water to cook. Other Poskim hold that case does not constitue a psik reisha or a gramma the nature of their dispute will be easier to understand after we have learnt these sugyas in the section about Meleches Machsheves. 5

6 Maaseh Shabbos5F6 but according to Rav Auerbach there would be strong reason to 7 allow one to eat the food since it wasn t cooked in a halachic sense.6f Other forms of heating that do not use fire (for example, through chemical reactions), are mutar as long as they are not commonly used. Cooking in the Sun or in Something Heated by the Sun It is mutar to cook in the sun. It is assur miderabanan to cook in Toldos chama. Accordingly, many Poskim (including Rav Elyashiv, The Minchas Yitzchak, Rav Shmuel Wosner, Rav Nissim Karelitz, and Rav Berkovits) rule that it is assur miderabanan to use the hot water tap when it was heated by a Dud Shemesh as it causes cold water 8 to mix with the hot water. 7F There are Poskim who were lenient for various reasons these include The Har Tzvi (Rav Tzvi Pesach Frank), the Tsitz Eliezer (Rav Eliezer Waldenburg), Rav Ovadia Yosef and Rav Bentsion Abba Shaul. And as we have seen, Rav Auerbach seemed to lean towards the lenient opinion. According to the strict opinion it would nonetheless be mutar to turn on the hot water tap with a shinui (for example, with one s elbow) for a choleh she ein boh sakana someone who is considerably unwell (even if it is not life-threatening). It would also be mutar to ask a Non-Jew to turn on the hot water for a Tsorech Mitzva or Hefsed. There is a question as to whether it is mutar to cook something using a magnifying glass the glass focuses the sun s rays in such a way that they become far more intense. Some poskim consider this to be bishul b chama and is mutar since the sun is heating the object. Others consider it to be Toldos chama and is assur because the glass is the reason that the cooking is taking place. 6 The laws about when someone breaks Shabbos (for example he cooks on Shabos) is it mutar to benefit from the issur (for example can one eat the food). This will be studied in depth in the 3 rd Sugya. 7 This is not meant as a clear ruling as there are other factors that determine the law in such a case. 8 The question arises, according to Rav Feinstein, who holds that if it becomes normal to cook in the sun (or any other method that is not fire) then it should be assur midoraisa. If that is true, then it should be assur midoraisa to use hot water on Shabbos even when it was only heated by the Dud shemesh since now this is a very common way of heating water. Most Poskim say that it would nevertheless not be assur midoraisa; One reason given is that the Dud Shemesh only heats water, but cannot cook other food. Another reason is that the Dud shemesh is not really an effective way of cooking, rather it is just cheaper. Both answers are subject to argument. Indeed Rav Moshe Sternbuch seems to give credence to the opinion that using a Dud Shemesh could be assur midoraisa. 6

7 Review Questions 1. Is it mutar to cook an egg in the sun? 2. Give two reasons for your answer. 3. Is it mutar to cook food in something that was heated by the sun? 4. Give one reason for your answer. 5. Is it considered bishul to cook an egg in a microwave? 6. Is it mutar to use hot water that was heated in a Dud Shemesh? 7. Give one reason why it should be mutar, and one reason why it should be assur? 7