NIGHT SEMICHA PROGRAM. Shiur. Hilchos Shabbos. (based on the sources of HaGaon HaRav Yitzchak Berkovits shlit a ) 2014

Transcription

1 Shiur 3 Hilchos Shabbos (based on the sources of HaGaon HaRav Yitzchak Berkovits shlit a ) 2014

2 Bishul Achar Bishul 118:4 When Something is Already Cooked 4 (With regard to) A tavshil (cooked dish) that was fully cooked (22), (one can be) liable for (23) Bishul (24) if it cooled down. Rama: There is an opinion that (one is only liable) if the tavshil was Mistamek (25) veyafeh loh (improving). And if it is not fully cooked, even if it is (26) Maachal ben drussai (partially cooked) there can be Bishul, (27) and even if it is still hot Introduction Once a dry food has been cooked before Shabbos, it is mutar to re-cook it on Shabbos. The reason for this is that once the effect of cooking has taken place it is impossible to un-cook it. For example, a fully cooked chicken is always considered cooked even if it cools down. The Rishonim argue as to what point the food is considered to be cooked enough so that one can re-cook it. Does the food need to be totally edible or is it sufficient that it 1 is partially edible?0f When is Cooked Really Cooked? Resoaking Chicken in Hot Water Source 1: Shabbos, 145b Additional Notes and Information 1 In a practical sense, there are other factors that determine whether one is allowed to reheat food even if there is no Issur bishul. These include the problems of Shehiya, Chazara and Hatmana which will be learnt in the next sugya. 2

3 It is mutar to soak chicken in a Kli rishon, on Shabbos, that was already soaked in a Kli 2 rishon on Erev shabbos, even if the second soaking improves the chicken.1f The Rishonim Source 2: Chiddushei Rashba, Shabbos, 39a: The Rashba holds that there is no Bishul achar bishul (BAB) once the food has reached Maachal ben drussai (MBD). His proof is based on the law with regards to Bishul akum, which is mutar once the food is cooked MBD. The Rambam s Approach Source 3: Rambam, 9:3: Kesef Mishna, Magid Mishna Contrary to the Rashba, the Rambam holds that there is certainly BAB until the food is fully cooked. This is seen from the Rambam s words that one who re-cooks food that is fully cooked is exempt, implying that if it was less than fully cooked, even if it s more than MBD, then one would be chayav. Source 4: Drisha, OC S.118, Sk.4: The Drisha says that the Rambam holds that after MBD there is no Chiyuv bishul, therefore according to the Drisha,, Rambam and Rashba do not argue. Tosefos Approach A Contradiction Source 5: Tosefos, Shabbos, 36b: Tosefos says that lefi one opinion, Chazara (returning a pot to a covered fire) is mutar once the food is MBD implying that Tosefos holds that there is no Chiyuv bishul after MBD, like the Rashba. This is because chazara is done on Shabbos, therefore if one may do chazara when the food is MBD then it must be that there is also no Issur bishul once the food is MBD 2 This Gemara specifically focuses on re-cooking a dry food. With regards to reheating liquids, there is a Machlokes harishonim as to whether the same applies that will be covered in shiur 4. 3

4 Source 6: Tosefos, Shabbos, 48a: Tosefos holds it is assur min HaTorah to cook apples even though they are edible raw. This may imply that even when something is partially edible (equivalent to MBD) it is still assur to cook from that stage - this seems to contradict the previous source that strongly implies there is no BAB after MBD. However, in truth, it does not seem to contradict the first Tosefos. Rather it shows that Tosefos hold that the fact that he wanted to cook it makes it be considered as if it was raw even though it is certainly edible in its raw state. However, there is another comment of Tosefos that does seem to imply that there is an issur to cook food even after it has reached mb d. Indeed, the Biur Halacha (Simun 318, S. 4, Dh: Afilu) leaves the opinion of Tosefos as being unclear. The Rosh and the Tur Do they Agree? Source 7: Kitsur Piskei HaRosh, Shabbos, Perek Kira, os 11: The Tur writes explicitly that there is no BAB after MBD in his work that sums up the psakim of his father, the Rosh. Since the Tur normally agrees with the Rosh, this suggests that the Tur himself would also pasken that it is mutar to cook food once it is MBD Source 8: Tur, S.318, S.4: The Tur seems to contradict what he wrote in Piskei HaRosh, as he himself paskens that there is a chiyuv BAB until the food is fully cooked, like the simple understanding of the Rambam. Source 9: Beis Yosef, S.318, S.4: The Beis Yosef initially suggests that the Rosh holds there is an issur derabanan of BAB after MBD. He concludes that this is not the case, and that the Rosh holds it is totally mutar to cook food that is MBD, whereas the Tur is cholek on the Rosh and the Tur holds that it is an issur doraisa to cook food once it is MBD. Source 10: Drisha, S.318, Sk.4: The Drisha holds that the Tur and Rosh both hold that there is an issur derabanan of BAB after MBD. 4

5 Mechaber HALACHA 318:4 Source 11: Shulchan Aruch, S.318, S.4, MB, Sk.26, BH, Dh:afilu: The Mechaber paskens that it is assur doraisa to cook food until it is fully cooked. The Mishnah Berurah follows this ruling, but also rules that food that was incorrectly cooked after MBD is mutar bdi eved. However, the Mishnah Berurah also rules that one may not ask a non-jew to recook food despite the fact that it is MBD, even though Amira l akum (asking a non-jew to do a melacha in a forbidden manner) is only an issur derabanan. Summary: Once a dry piece of food has been fully cooked it is permitted to re-cook it on Shabbos2F3. If the food was cooked to a level of MBD (a third cooked according to Rashi, and half cooked according to Rambam) before Shabbos, there is a machlokes amongst the Rishonim as to if this is permitted. The Rambam (according to most acharonim except the Drisha) holds that it is forbidden to re-cook unless it is fully cooked. The Rosh, according to the Beis Yosef, holds that it is mutar to re-cook if it is MBD. According to the Drisha the Rosh holds it is assur miderabanan to re-cook it if it is not fully cooked. The Tur, according to the Beis Yosef, holds that it is assur min hatorah to re-cook it unless it is fully cooked, whilst according to the Drisha, the Tur holds that it is assur miderabanan. The Shulchan Aruch and Rama rule according to the strict opinion that it is forbidden from the Torah to further cook food that was a third cooked on Erev Shabbos. The Mishnah Berurah adds that if someone erroneously did cook food on Shabbos that was already MBD, it is mutar b'dieved to eat that food since many Rishonim hold that it is mutar lechatchila to cook that food. Additional notes and commentaries: 3 As mentioned in footnote 1, there are certain conditions for placing food on blechs, hotplates etc that we will learn in the future. 5

6 Review Questions 1. Why is it mutar to recook a dry piece of food? 2. According to the Rashba, what extent must food be cooked, so that one is allowed to recook a dry piece of food? 3. According to the Rambam, to what extent must food be cooked,so that one is allowed to re-cook a dry piece of food? 4. According to Tosefos, to what extent must food be cooked, so that one is allowed to recook a dry piece of food? 5. According to the Rosh to what extent must a piece of food be cooked, so that one is allowed to re-cook a dry piece of food? 6. What is the Halacha lemaaseh with regards to re-cooking a piece of dry food how cooked does it have to have been before Shabbos? 7. What is the Din if one unintentionally re-cooked food before it was fully cooked? 6