Opening Bottles, Cans, and Packages and Shehiya: Difference between pages

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==Basics==
Opening a bottle or can on [[Shabbat]] can involve a number of issues and the details of the opinions and cases in which they apply are described below. Please note, that these laws equally apply to [[Shabbat]] as they do to [[Yom Tov]]. <ref>Shemirat Shabbat KeHilchata 9:22 (See also Sh"t Igrot Moshe 1:122) </ref>
# There is a Rabbinic prohibition of shehiya to leave a pot of uncooked food on a stove or oven on Friday afternoon before [[Shabbat]] because one might come to stoke the coals on [[Shabbat]].<Ref> The Mishna [[Shabbat]] 36b records the prohibition of chazal not to leave uncooked food on the fire before Shabbat. Shulchan Aruch O.C. 253:1 codifies this. Rashi explains that the prohibition is based on a concern that one will come to stoke the coals. Rashi also mentions that there is an additional issue of 'Mosif Hevel' (keeping food in a state of raised temperature). Tosfot questions this addition of Rashi because Mosif Hevel is normally associated with the rabbinic prohibition of [[Hatmanah]] and not Shehiyah. Even though technically the gemara is discussing a two pot coal-heated stove (Kirah) see the next halachot for its applicability to modern day stoves.</ref>
==Preferable option==
# To avoid this gezerah there are few possible options: 1) Cover the fire, 2) Make sure that the food is already cooked to the point that it is edible even if it isn’t fully cooked, OR 3) Put in the food when it is raw.  
# To avoid all forbidden activities with opening bottles and cans on [[Shabbat]], it's preferable to open the bottles and cans before [[Shabbat]]. <Ref>Shemirat Shabbat KeHilchata 9:1, [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184) </ref>
=== Different Types of Cooking Appliances===
==Background==
# A Kirah was a stove in the times of the Gemara which that had room to hold two pots on top (with the heating element below).<ref> See copy of paper by Rabbi Brand for a detailed description of the different types of "stoves" used in the ancient world: http://www.the-daf.com/wp-content/uploads/2011/05/Earthenware-Vessels-Kupach-Kira-and-Tanur-Brand.pdf</ref> The Kirah is considered the most lenient of the stoves and it’s permissible to leave food on it on [[Shabbat]] by fulfilling one of five conditions: 1) The fire is covered 2) The food is considered totally cooked 3) The food is totally raw 4) The coals are removed 5) The fuel is straw, stubble or the like (which will be discussed below at length). <ref> S”A 253:1 writes that a Kirah has the resemblance of a large pot and has room for two pots. The five leniencies listed are all sourced in S”A 253:1 but will be discussed below at length. See Laws of [[Shabbat]] (Rabbi Shimon Eider; vol 4 pg 326) for a description and pictures. </ref>
# Opening containers on [[Shabbat]] involves several prohibited activities including [[ripping]], making a useful container, finishing a vessel, and [[erasing]] letters. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 831-2)
# A modern day gas stove is considered a Kirah (and so requires one of the five requirements to be fulfilled, see further.) <ref> Orchot [[Shabbat]] (vol 1 pg 62), [[Shabbos]] Kitchen (pg 52), and Laws of [[Shabbat]] (Rabbi Shimon Eider; vol 4 pg 327) quoting Rav Moshe and Rav Henkin hold that a modern stove is considered a Kirah.  
* '''Soseir''': Mishna in Shabbos 146a says that it is permissible for someone to break open a barrel on Shabbos in order to get to the food inside, as long as he doesn’t have intent to make a new vessel. The Gemara Beitzah 33b explains that R’ Eliezer must read this Mishna as a case where the kli is “mustaki”, which Rashi describes as a kli that had been broken and was then put back together. Only for this type of kli does the Mishna say it’s permissible to be soseir, but for regular keilim it would be forbidden. Tosfos in Shabbos 146b and Eiruvin 34b, as well as the Rosh in Eiruvin 3:5, say that this assumption of mustaki is not only for Rabbi Eliezer but even for the Rabanan. Rashi however, does not seem to make this assumption, and presumably would explain that the reason our Mishna says it’s permitted to break open the barrel is because of the din that there is no prohibition of boneh or soseir by keilim (Rashi Shabbos 122b). (Rashi’s formulation on 146a seems to say it’s permitted because it’s mekalkeil, a destructive action but many Rishonim have difficulty with Rashi, because mekalkeil is patur aval assur, not permitted. The Rashba and Ran explain that Rashi holds mekalkeil becomes permitted lchatchila when it’s l’tzorech shabbos. See Biur Halacha 314 “Assur L’Shavra” who strongly disagrees with this leniency). The Shulchan Aruch (OC 314:1) paskins like Tosfos and the Rosh, that specifically by mustaki we say that there is no prohibition of soseir. Therefore, according to the S”A, the only case where one avoids the issur of soseir is if the container is comparable to mustaki.<br/> Rav Ovadia Yosef (Yechave Daat 2:52) notes that the Rambam (Hil’ Shabbos 23:2) and the Rif (Shabbos 146a) both paskin like Rashi in this sugya and not like Tosfos (it should be noted that there is a debate about what the psak of the Rambam is). The Korban Nesanel (Shabbos 146a) and others comment that it is strange that the S”A paskins like Tosfos, against the Rambam and Rif. Rav Ovadia assumes that had the S”A known about the psak of the Rif and the Rambam he would have paskined that there is no issue of soseir at all, like Rashi. Rav Ovadia therefore concludes that there is no issur of soseir at all by opening containers.<br/>
* Rav Ovadia Yosef (Chazon Ovadia Shabbat v. 1 pp. 48-9) writes that seemingly there shouldn't be any prohibition of shehiya with a gas stove or burner because they didn't exist in the days of Chazal. Since it didn't exist in the days of chazal, perhaps we can't invent a gezerah today to forbid Shehiyah on modern stoves. However, he cites numerous poskim who write that there is a prohibition of Shehiyah with a gas stove. These poskim include: Panim Meirot 1:84, Maharsham 3:165, Maharam Brisk 2:76, and Shoel VeNishal 1:36. In conclusion, Chazon Ovadia pp.49-50 agrees with those who are strict on the matter as he says in order to satisfy the opinion of Maran one should cover the fire. Additionally on p. 44 he writes that nowadays one can be lenient if it is for the day time meal, implying that otherwise not.</ref>
* '''Asiyas Pesach''': Rashi on Shabbos 146a comments that even though it is permissible to break open a chavis for the food inside, it is forbidden if you have intent to open it in a nice way, creating a neat opening. The Rambam (Hil’ Shabbos 10:17) includes this issur as a tolda of makeh b’patish.<br/>  
# A modern day oven is considered a Kirah (and so requires one of the five requirements to be fulfilled.) <ref> Sh”t Igrot Moshe (1:93 and 4:74:26) considers a modern day oven to be considered like a Kirah. This is also the opinion of Orchot [[Shabbat]] (2:15, vol 1 pg 67), Laws of [[Shabbat]] (Rabbi Shimon Eider; vol 4 pg 327), and [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 53). However, Sh”t Az Nidbaru 4:18 considers it be a Tanur based on the heat of a modern oven. </ref>
* '''Metakein Kli''': There is a prohibition of creating a kli on shabbos, based on Gemara Beitzah 33b regarding breaking off a piece of wood to be used as a toothpick (Shulchan Aruch 322:4). It either falls under the category of boneh or makeh b’patish. When one opens a container, he has created a receptacle that can be used to hold items.<br/>  
* '''Koreiya''': Rav Shlomo Zalman Auerbach (Shmiras Shabbos K’hilchasa Perek 9 footnote 12) thinks there are several reasons to be meikil in regards to koreiya. Firstly, we are only dealing with koreiya midrabanan, whether it be because this is a tearing which is a tikkun (Biur Halacha 340:13 s.v. ain), or because it’s not al mnas litfor (Biur Halacha ibid. s.v. vlo). Secondly, since you are only tearing it open in order to get to the food inside, the kli is bateil to the food. He therefore concludes that there is no issur koreiya. <br/>
* There may be an issue of mechateich, measured cutting, if the container is opened on perforated lines. Rav Shlomo Zalman (quoted in Shmiras Shabbos K’Hilchasa Perek 11 Footnote 31) says that even when poskim get around the above issurim and say that it’s permitted to open a container, they agree that it would be an issur of mocheik if you tear words in the process. However, Yalkut Yosef Shabbos 314:19 paskins that it is not an issue of mocheik, because we are only dealing with mocheik drabanan (because it is not al minas lichtov), and you also are not miskavein, and get no hanaah from erasing the letters, so it’s a Psik Reisha D’lo Nicha Leih, and therefore it’s permitted lchatchila.<br/>  </ref>  
==Opening a bag or container on Shabbat==
# If a container (bag, can, or bottle) is usually reused after having been emptied, it is forbidden to open whether or not one intends to reuse it. <ref>Shemirat Shabbat KeHilchata 9:2, [[Shabbos]] Kitchen (pg 187-8) similarly forbids opening wrappers, bags, and boxes, unless one rips it to the extent that the bag is unusable afterwards and one is careful about not [[ripping]] the letters. </ref>
# If a container is usually used to keep the original contents after having been opened, but not usually reused, it’s forbidden to open on [[Shabbat]]. However, some are lenient if one really intends not to reuse it and one does not make a neat convenient opening. <Ref>Shemirat Shabbat KeHilchata 9:3 </ref>
# It is permissible to open a container (which is usually re-used or at least used to keep the original contents) if at the time of the opening (or beforehand) one ruins the container by perforating the side or bottom so that it could no longer be used. <Ref>Shemirat Shabbat KeHilchata 9:3, Orchos Shabbos pg. 369, 39 Melachos (R’ Ribiat, vol 3, pg. 831)). Chazon Ovadia v. 5 p. 365, Menuchat Ahava 3:16:4, Or Letsion 27:7 cited by Tiferet 314:24 are lenient to rip food packages in order to eat the food. </ref>
# It’s forbidden to take special care to rip a neat hole to be used as a opening or to rip open a container along the lines marked for perforation. <Ref>Shemirat Shabbat KeHilchata 9:5-6 </ref>
==Single Serving Packages==
[[File:Tea packets.jpg|250px|right]]
# It's permissible to rip open a miniature pack of sugar which is thrown out right after it's opened. <Ref>Shemirat Shabbat KeHilchata 9:4, Tiferet 314:3 citing Or Letzion 2:27:7 and Chazon Ovadia Shabbat v. 5 p. 365 </ref> Similarly, one may rip open a candy wrapper, bandaid wrapper, plastic or paper seal around wine bottles or jars because these are usually ripped and discarded immediately. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 833). Chazon Ish (51:11) says that even if you have intent to throw it out, it’s still forbidden because you might end up using it. Additionally, if you don’t empty it right away, the bag acts as a kli in regards to its contents. Finally, the Chazon Ish suggests that your intent is irrelevant; in the end of the day, you’re still making a kli. It should be noted that Minchas Yitzchak 4:82:36 believes that the Chazon Ish was only talking about when you specifically have intent to not throw it out, but he would actually agree that if it is generally thrown out, it would be permitted.<br/>  </ref>


==Packages stapled close==
==Covering the fire==
# It’s permitted to remove the staples from a container stapled shut. <Ref>Shemirat Shabbat KeHilchata 9:9 </ref>
===Blech===
==Cardboard boxes==
# One is permitted to leave food on a fire if there is a metal tray or sheet (blech) to cover the fire of a regular gas stove. Some authorities add that it’s preferable to also cover the knobs (or remove them). <Ref>
# Cardboard boxes closed with gummed paper or tape, papers stuck together, or a paper wrapper may be (ripped) opened on [[Shabbat]] only if one ruins the box in a way that it’s unusable as a container afterwards (nor is any part of it useful which is violated if one tears along the edge of prize tokens printed on the wrapper). <Ref>Shemirat Shabbat KeHilchata 9:10-12 </ref>
* Magen Avraham 253:31 permits Shehiya in an oven because the fire is covered by a cement or clay wall built into the oven based on the S”A 253:3 who permits leaving on the fire if there’s an empty vessel separating between the fire and the food. However, the Magen Avraham adds that based on the Maharil (Minhagei Maharil pg 36; see 318:15), Agudah, and Tashbetz 27 the flame must have some interposition such a wooden plank that serves as a reminder besides being covered by metal. The Achronim unanimously agree including Eliyah Rabba 253:31, Tosefet [[Shabbat]] 253:40, Shulchan Aruch HaRav 253:26, Aruch HaShulchan 253:25, Mishna Brurah 253:81, and Chazon Ovadyah ([[Shabbat]] 1 pg 50).  
==Twistees==
* According to this, a metal covering of the fire which also serves as a reminder would permit the fire to be used. Therefore, Sh”t Igrot Moshe 1:93 writes that a gas stove when covered with a metal sheet, commonly referred to as a Blech, is like a covered Kirah and is permissible. Shemirat Shabbat KeHilchata 1:63 and specifies that the cover should be something that’s not usually used to cover a fire. Sh”t Zera Emet O”C 253:26, Sh”t Maharam Brisk 2:76, Sh”t Tefilah LeMoshe 1:37 (also recorded in Menuchat Ahava Ahava 3:1 in Rabbi Moshe HaLevi), Shem Chadash (on Yereyim 1 pg 58), Kaf Hachaim 253:11, Sh”t Maharshag 2:50, Sh”t Divrei Chizkiyah 1:2 in name of Mahari Shari, Sh”t Yaskil Avdi O”C 3:10(2), Sh”t Ohel Yosef (Rabbi Yosef Parid; Siman 10), Rav Vosner in Sh”t Shevet HaLevi 1:91, and Chazon Ovadyah ([[Shabbat]] 1 pg 50) concur.  
# Some authorities forbid using plastic or wire twist ties (twisters) to close bags unless one plans to undo it within 24 hours. <ref>Shemirat Shabbat KeHilchata 9:13, 14:9 and (15 note 166, in the new edition note 174) quoting Rav Shlomo Zalman </ref> However, others permit. <ref> 39 Melachos (Rabbi Ribiat, Melechat [[Koshair]] note 54) quoting Rav Moshe Feinstein </ref> It is praiseworthy to avoid using them if they will remain undone for more than 24 hours. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 800) </ref>
* [Chazon Ish 37:9 argues on the Mishna Brurah from Rashi ([[Shabbat]] 37a D”H Gaba; quoted by the Tur) who forbids a covering over an empty space and concludes that a covering that’s not normally used and lowers the heat of the fire is considered a covering. Thus, a covering on our modern stove wouldn’t be sufficient. Chazon Ovadyah (vol 1 pg 51), Sh”t Shevet Levi O”C 1:91, Toldot Zev ([[Shabbat]] 2 pg 192) argue on the Chazon Ish that Rashi is referring to a [[cooking]] on [[Shabbat]] in a way that’s usual and so a covering it’s sufficient, however but by Shehiya one only needs a reminder not to stoke the coals and once it’s an unusual interposition it doesn’t need to lower the heat of the fire. See Bach 253:14 s.v. VeDavka and Sh”t Maharam Shik O”C 117 who also make this distinction. Rabbi Hershel Schachter (in The Laws of Cooking and Warming Food on Shabbat p. 181) writes that the minhag is to allow leaving food on a blech before Shabbat unlike the Chazon Ish.] Rav Hershel Schachter (The Laws of Cooking and Warming Food on Shabbat p. 181) writes that the minhag is not like the Chazon Ish and to accept a blech as an acceptable covering.
==Packages tied close==
* '''Knobs:''' Sh”t Igrot Moshe O”C 1:93, Sh”t Tzitz Eliezer 7:17(3), Sh”t Bear Moshe vol 7, and Yalkut Yosef ([[Shabbat]] vol 1 pg 96) add that besides covering the flame it’s preferable to cover the knobs also. Yet, covering the fire is essential. Additionally, Orchot [[Shabbat]] (vol 1 2:9, pg 65) quotes Rav Shlomo Zalman Auerbach and Rav Elyashiv (who is also quoted by Hilchot [[Shabbat]] BeShabbato pg 197) who hold that a covering of the knobs isn’t necessary if the fire is covered.  
# It’s permissible to rip or cut string that’s used to close a container if it’s impossible to remove the string otherwise as long as cutting spoils it for later use. <Ref>Shemirat Shabbat KeHilchata 9:14 </ref>
* On the other hand, Rav Aharon Kotler (quoted by The Laws of Shabbat p. 338 fnt. 800) and Rav Soloveitchik (quoted by Rav Schachter in The Laws of Cooking and Warming Food on Shabbat p. 181) held that covering the knobs is the primary way to avoid the issue of not coming to adjust the temperature and covering the fire is an added stringency. </ref>
==Ripping letter or pictures==
# The Ashkenazic custom is to avoid [[ripping]] letters when opening a package on [[Shabbat]], while the Sephardic custom is to be lenient in this issue. <Ref> Shemirat Shabbat Kehilchata 9:13 (quoting Rav Shlomo Zalman Auerbach) rules it is only rabbinically forbidden to rip through letters when opening a package, as is not considered [[erasing]] in order to write.
* Rabbi Zvi Sobolofsky ([http://www.yutorah.org/lectures/lecture.cfm/718778/Rabbi_Zvi_Sobolofsky/_Hilchos_Shabbos_Series_Mocheik_-_Removing_Letterss_from_a_cake Removing Letters from a Cake] by Rabbi Zvi Sobolofsky  min 18) explains that strictly speaking, it should be permitted to tear through letters for the same reasons that the Dagul Meirvavah permitted cutting letters on a cake. The minhag, though, is to be strict. Yalkut Yosef ([[Shabbat]] vol 5, p. 117) permits tearing through letters because it is a psik reisha d’lo nicha lei on a rabbinic prohibition. </ref>
==Closing bags==
# One may not close a bag with a metal or plastic twister. <Ref>Shemirat Shabbat KeHilchata 9:13 </ref>
==Bottle caps==
# Ashkenazic poskim hold that one may not open a bottle with a metal cap for the first time on [[Shabbos]] because removing the cap separates the ring from the cap and makes the cap into a useable vessel. One may make a hole using a knife in the cap if there aren’t letters or pictures on it so that makes it unfit for a cap afterwards and then one may open the bottle. <Ref> Shemirat Shabbat KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6). [39 Melachos (Rabbi Ribiat, vol 3, pg 841) writes that a less preferable option is to twist off the cap and discard it immediately (and it may be useful to have another cap handy).]</ref> However, it’s permissible to open a bottle with a plastic bottle cap (because it had the form of a cap before it was attached).<ref> Shemirat Shabbat KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6). [39 Melachos (Rabbi Ribiat, vol 3, pg 841) writes that a less preferable option is to twist off the cap and discard it immediately (and it may be useful to have another cap handy).] Rav Shlomo Zalman explains that it is forbidden to open a bottle cap for the first time on Shabbos because in the process one is creating a new kli, i.e. a bottle cap that can now be used to cover bottles. While it was attached to the bottle it was not yet a kli, because it could not be screwed on and off of a bottle, which Rav Shlomo Zalman considers the key function of a bottle cap. (Minchas Shlomo 2:32) Also, if one was to break the bottle and slide off the cap as is, without breaking off the ring, it would not be functional as a cap at all. (Minchas Shlomo 1:91:12)<br/> However, Rav Shlomo Zalman distinguishes between a metal bottle cap and a plastic bottle cap. The above issues are all in regards to a metal bottle cap. A plastic bottle cap is different, because the ring is thinner, and majority of it is not attached to the cap. Therefore, it is recognizable that the ring is a separate entity from the cap itself and is meant to be removed. Based on this, Rav Shlomo Zalman paskins that it is forbidden to open metal bottle caps and permitted to open plastic bottle caps.<br/> Rav Ribiat thinks that the plastic caps that Rav Shlomo Zalman allows, which were from Eretz Yisrael, are different from the plastic caps that we have in America. (39 Melachos Makeh B’Patish footnote 96c). See Meor HaShabbos page 482 who offers a new leniency for plastic caps after researching the production of plastic soda bottles.</ref> Some poskim are strict even with plastic <ref> Rav Elyashiv (quoted in Orchos Shabbos Perek 12 footnote 31 says that they are all assur to open. Rav Elyashiv holds it’s forbidden to open both metal and plastic caps because of mechateich. Also, Rav Nissim Karelitz (Chut Shani 2:37) says that even by plastic there is an issue of metakein kli. </ref> Some Ashkenazic poskim and Sephardic poskim hold it’s permissible to open bottles with metal or plastic caps but add that one who is strict to open them before [[Shabbat]] will be blessed. <ref> Rav Ovadia Yosef in Sh"t Yechave Daat 2:42, Halichot Olam v. 4 p. 246 cited by Tiferet 314:7, and Yalkut Yosef (vol 2, pg 517, 675). Rav Ovadia Yosef disagrees with both points of Rav Shlomo Zalman. He thinks that even while the cap is attached to the bottle it is considered a kli since it is covering the bottle (Yechave Daat 2:42). Also, if you would be able to take it off without breaking the ring, even though it wouldn’t fit over a bottle of the same size, it would technically still be usable to cover (albeit not via screwing) a smaller bottle. (Response to Rav Shlomo Zalman quoted in Yalkut Yosef Shabbos Krach Bet 314:18:20) Additionally, the Magid Mishnah (Hil’ Shabbos 12:2) holds that metakein kli is completely permitted if you don’t have intent. Combining his above reasoning with the Magid Mishnah’s leniency, Rav Ovadia paskins that it is permitted to open bottle caps for the first time on Shabbos. Rav Shlomo Zalman disagrees with Rav Ovadia's application of the Magid Mishnah. He explains that even though your main intent is for the drinking, it’s also on your mind to make a cap that would be usable in the future. Nonetheless, Rav Ovadia paskins that it is permitted, and does not differentiate between metal and plastic bottle caps. See also Rabbi Mordechai Willig’s opinion in Am Mordechai ([[Shabbat]], Siman 29, pg 161). Rav Willig agrees that it is permitted. The bottle cap was a kli even before you broke off the ring, and the issur metakein kli is only when you create a kli, not when you merely alter the function of a preexisting kli. (Am Mordechai Siman 29:3) </ref>
# Someone who holds that it’s forbidden to open a bottle on [[Shabbat]] is forbidden to ask another Jew who holds that it’s permissible to open a bottle on [[Shabbat]]. <ref> The 39 Melachos (Rabbi Ribiat, vol 1, pg 93) writes that it’s forbidden to ask a fellow Jew to open a can or bottle for him on [[Shabbat]] if the one requesting holds that one is forbidden to do so. He supports this with Sh”t Igrot Moshe 4:119:5.
Many poskim also forbid including Tal Imrati (18:11, pg 190) quoting Chacham Ben Tzion Abba Shaul, Yalkut Yosef ([[Shabbat]], vol 3, pg 217-9) quoting Rav Ovadyah Yosef, Banim Chavivim (Siman 18, pg 91) quoting Rabbi Eliezer Waldenburg (from Meor Ha[[Shabbat]] (vol 1, Peninei HaMeor pg 552)) and Rav Chaim Kanievsky (from Meor Ha[[Shabbat]] (vol 2, pg 77)). Rav Yisrael Belsky in Shulchan HaLevi (vol 1, Birur Halacha 10, pg 339) also rules stringently and gives four reasons.
* (1) Shelichut LeDvar Avierah. In the Gemara Bava Metsia 10b there is a dispute between Ravina and Rami Bar Chama regarding Shaliach LeDvar Avierah. Ravina holds that there’s only Ein Shaliach LeDvar Avierah when the one being sent is obligated in that prohibition, while Rami Bar Chama says that there’s Ein Shaliach LeDvar Avierah whenever the one being sent has the ability to choose to do it or not. The Rama C”M 182:1 rules like Ravina and so if the one being sent isn’t obligated then there is Shelichut. Rav Belsky concludes that since the one being sent follows a Rabbi who holds it’s permissible to open a bottle he’s considered not obligated in that prohibition and there would be Shelichut. Thus, if he is asked by someone who doesn’t open the bottle there would be a Deoritta violation of [[Shabbat]].  
* (2) [[Lifnei Iver]]. Rav Belsky writes that since the opinion of those who hold it is forbidden is that it is forbidden for all Jews it would be forbidden to ask another Jew because of [[Lifnei Iver]].
* (3) [[Amirah LeYisrael]]. He quotes the Radvaz 4:258 who forbids [[Amirah LeYisrael]] because it should be no better than [[Amirah LeNochri]].
* (4) Degrading one’s friend. By asking one’s friend to do something which one holds is forbidden is treating him like a [[Shabbos goy]] or a less important Jew.
* Rav Belsky concludes that it’s forbidden to ask him to open the bottle and it would be just as forbidden to ask him to open it for himself to drink because all the reasons apply except (perhaps) the first one. Though, he agrees that if the one who holds it is permissible opened it for himself it is permissible for others to benefit from the contents of the bottle. </ref> However, some say that if one is only strict based on the minhag of his Rabbis or father one may ask someone who holds it’s permissible.  <Ref> Rav Shlomo Zalman Auerbach (Meor Ha[[Shabbat]] (Peninei HaMoer 3:8)) rules that if the one requesting holds it’s forbidden based on his ruling, then, it’s forbidden to ask someone who holds it’s permitted to do it for him, however, if the one requesting is only strict because of the minhag of his Rabbis or father, then it’s permitted to ask someone else to do that act. </ref>


==Plastic protective seal==
===Hot Plate===
[[File:Yogurt container.jpg|200px|right]]
# Some consider a hotplate or electric hotplate (plaata) a covered fire and others consider it an uncovered fire. <ref>
# It is permissible to remove a protective plastic seal on yogurt containers, tubs of butter or cottage cheese, coffee jar, and wine bottles in the normal way. <ref>[[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 188), 39 Melachos (Rabbi Ribiat, vol 3, pg 833) </ref>
*Reasons to forbid a Plaata: 1) Sh”t Yaskil LeAvdi O”C 5:34, 6:15 is lenient by a covered stove since the cover is a separate piece but a Plaata is entirely like a coal and there’s nothing covering it (S”A 253:1 rules that one can’t do Shehiya with something directly touching the coals).
[[File:Peanut butter container.jpg|150px|left]]
*2) Sh”t Yaskil Avdi O”C 5:34, 6:15 adds that there’s an issue that one may come to plug it in because it’s so easy unlike lighting a flame anew which the Rabbi’s didn’t make a Gezerah because it requires preparation and by that time one will remember it’s [[Shabbat]]. [Later on, he retracted because the Minhag was to use it, see Sh”t Yaskil LeAvdi O”C 7:28(8).]
* '''Arguments to permit a Plaata:''' 1) Chazon Ovadyah ([[Shabbat]] 1 pg 52) argues on the first reason because by a Plaata the heat comes from electric current under the metal sheet and so it’s like a covered flame.
*2) Chazon Ovadyah and Netivei Am (pg 120-1) argue on the second reason, based on Sh”t Maharam Provinsal 46, and Birkei Yosef 339:7 who write that there’s no Gezerah of coming to write by composing a song as there’s a Gezerah by doing a business transaction because it may come to writing because we don’t extend the Gezerah of the Rabbis on what they didn’t just because it’s easy to come to do a Melacha. [Similarly, Rosh ([[Shabbat]] 24a), Maggid Mishna (Chol HaMoad 5:20), Sh”t Rivash 390 in name of Ran, Radvaz (Trumot 1:22; Sh”t Radvaz 1:149), and Bet Yosef (O”C 462) say that nowadays the Rabbis can’t enact new Gezerah’s not enacted by Chazal.]
*3) Chazon Ovadyah explains that it should be permissible since a flame is consistent (unlike coals that flicker) and the heat can’t be changed. This reason is also found is Gedolei Tzion 9:11, Mishna Brurah (Beiur Halacha 253:1 D”H Afilu), Sh”t Tzitz Eliezer 7:16(3), Shemirat Shabbat KeHilchata 1:25, and Rav Yosef Kapach (commentary on Rambam [[Shabbat]] 3 pg 74).
* '''Halacha:''' Shemirat Shabbat KeHilchata 1:25 for a plaata which one can’t change it’s temperature and it’s not usually used for [[cooking]] is considered a covered fire and doesn’t require another covering. So holds Rav Moshe in Sh”t Igrot Moshe 4:74:35 (who emphasizes that it must be impossible to cook on it), Rav Vosner (MeBeyt Levi vol 6, laws of Shehiya #2) Chazon Ovadyah (vol 1 pg 52), Or Letzion (vol 2, 17:1) and [[Shabbos]] Kitchen (pg 52).
* However, Orchot [[Shabbat]] (2:13, v. 1 p. 66) and Otzrot Ha[[Shabbat]] (pg 100) quotes Rav Elyashiv who requires a covering of thick aluminum even on a Plaata which one can’t change its temperature. </ref>
===Crock Pot===
{{Crock Pots}}
===Oven===
# An oven is considered an uncovered fire unless one places a metal 4 sided box into the oven to interpose between the walls and the pot of food to serve as a reminder and some disagree holding that it’s an uncovered fire under all circumstances. <Ref>
* Magen Avraham 253:31 permits Shehiya in an oven because the fire is covered by a cement or clay wall built into the oven based on the Shulchan Aruch Orach Chaim 253:3 who permits leaving on the fire if there’s an empty vessel separating between the fire and the food. However, the Magen Avraham adds that based on the Maharil (Minhagei Maharil pg 36; see 318:15), Agudah, and Tashbetz 27 the flame must have some interposition such a wooden plank that serves as a reminder besides being covered by metal. The Achronim unanimously agree including Eliyah Rabba 253:31, Tosefet [[Shabbat]] 253:40, Shulchan Aruch HaRav 253:26, Aruch HaShulchan 253:25, Mishna Brurah 253:81, and Chazon Ovadyah ([[Shabbat]] vol 1 pg 50).
* Sh”t Igrot Moshe 4:74:26 considers a modern day oven to be considered like a Kirah.
* Seemingly there’s no simple way to make an interposition for the oven in order to leave food in it before [[Shabbat]]. However, Sh”t Igrot Moshe 4:74:27 considers a metal 4 sided box to be an adequate cover and recognition. This is also the opinion of the [[Shabbos]] Kitchen.
* However, the Sh”t Minchat Yitzchak 3:28(1) writes that an oven has the status of an uncovered fire even if there metal interposition based on Chazon Ish 37:11 who holds that an empty pot isn’t considered a covering (see above where many disagree with the Chazon Ish). </ref> Some Ashkenazic poskim allow leaving uncooked food in an oven before Shabbat if the buttons or knobs used to raise the temperature are covered with a piece of tape.<ref>Orchot Shabbat 2:15</ref>
# Many Sephardic poskim are lenient to do Shehiya in an oven from before Shabbat. Some poskim add that one should cover the buttons and other poskim add that one should place a tray or aluminum foil on the bottom of the oven to cover the heating element.<ref> Yalkut Yosef 253:6 writes that it is permitted to do Shehiya into an oven before Shabbat. It is a stringency to cover the buttons. Tefillah LMoshe 1:2 writes that an oven is a covered fire and it is sufficient to cover the knobs to remind oneself not to change the temperature and then it is permitted to do Shehiya into an oven. Or Letzion 2:17:4 writes that one may do Shehiya in an oven if one can cover the heating element with a tray or aluminum foil. Halacha Brurah 253:10 is lenient with the condition of the Or Letzion to cover the bottom of the oven with an empty metal tray.</ref> In order to permit opening the oven door on Shabbat one must make sure that the oven is on "Shabbos mode" or has a light to indicate when the fire is running and open it only then.<ref>Yalkut Yosef 253:7, Tefillah LMoshe 1:2, Or Letzion 2:17:4, Halacha Brurah 253:10</ref> Once one opens the door on Shabbat if the food is uncooked it is forbidden to close the oven door since that enables the food to cook quicker; rather one should make sure not to open the door until the food is completely cooked or one has to remove it from the oven.<ref>Yalkut Yosef 253:6, Tefillah LMoshe 1:2, Or Letzion 2:17:4, Halacha Brurah 253:10</ref>
===Warming Drawers===
# One may leave fully cooked food in a warming drawer before Shabbat. According to Ashkenazim it is permitted even if the food is just half cooked.<ref>Shulchan Aruch and Rama 253:1</ref>
# If the food is no fully cooked according to Sephardim or according to Ashkenazim it is not half cooked, it is still possible to leave food in a warming drawer from before Shabbat if one lines the inside of the warming drawer with aluminum foil. Some say that the aluminum foil lining should be visible from the outside. Also, ideally, the knobs should also be covered with multiple pieces of tape.<ref>[https://www.yutorah.org/lectures/lecture.cfm/858668/rabbi-ari-zahtz/bishul-b-shabbos-7-shehiya/ Rabbi Ari Zahtz (Bishul BShabbat #7 min 51-54)] explained that according to Rav Moshe it is necessary to line it with foil. Additionally, Rav Mordechai Willig thought that he should line the inside of the warming drawer with aluminum foil so that it could be seen from the outside and also cover the knobs
with multiple pieces of tape.</ref>


==Metal Can==
===Hot Water Urn===
[[File:Soda can.jpg|250px|right]]
#The only way to leave water in a hot water urn from before Shabbat is by turning it on several minutes before Shabbat so that the water reaches at least Yad Soledet Bo before Shabbat. Otherwise the leniencies of covering the fire or using raw meat are inapplicable.<ref> Igrot Moshe 4:74:23 requires that it have time to boil. 39 Melachos fnt. 183 writes that it seems Rav Moshe was concerned that if it was only left on so that the water would become Yad Soledet Bo, although shehiya was avoided, nonetheless if htey took out some water before it boiled that would be forbidden since it would cause the rest of the water to boil quicker. However, he quotes Chazon Ish and Rav Shlomo Zalman Auerbach who disagreed as long as the water is Yad Soledet Bo, which is the temperature necessary not to violate shehiya (Igrot Moshe 4:74:24).</ref>
# One should not open a metal can unless one only opens it halfway, removes the content immediately, and throws out the can.<ref> [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 187) </ref> Some poskim permit opening them normally if they are intended for one time use.<ref>[https://www.koltorah.org/halachah/opening-cans-on-shabbat-by-rabbi-chaim-jachter Rabbi Jachter] in discussing opening cans on Shabbat shows four approaches in the poskim:
===Sous Vide===
* The Tehillah Ldovid 314:12 thinks it is [[soter]] to open a can since it is a bona fide kli.
[[Image:Sous vide.jpg|150px|right]]
* Kaf Hachaim 314:38, Shemirat Shabbat Kehilchata 9 fnt. 10 citing Rav Shlomo Zalman, and Yachava Daat 2:42 all regard a can as a non-bona fide kli since they are going to be discarded and therefore it is permitted to be opened.
#Using a sous vide to cook food from before Shabbat is not an issue of hatmana, however, shehiya has to be solved either by placing raw meat in immediately before candle lighting or by cooking the food halfway before Shabbat.<ref>[https://www.ok.org/kosherspirit/fall-2018/sous-vide/ OK Article by Rabbi Levi Schapiro]</ref>
* The Chazon Ish 51:11 held it is [[boneh]] to open a can and make it useful.
* Rav Moshe Feinstein (Igrot Moshe 1:122) holds that in theory if the can is intended to be discarded after its contents are removed then it is like a mere wrapper and not a bona fide kli. Nonetheless, he forbade opening them on Shabbat. See there for his reasons.</ref>


==Milk carton==
==Cooked Food==
# It is forbidden to open a milk or juice carton which has a folding spigot for the first time. <ref>[[Shabbos]] Kitchan (Rabbi Simcha Bunim Cohen, pg 184) </ref> Some say that preferably one should not open the folding spout but there is a lenient opinion to rely on. <ref> 39 Melachos (Rabbi Ribiat, vol 3, pg 837-8) at first writes one should not open it, then writes some permit and concludes that preferably one shouldn't rely on the lenient opinion. </ref>
# One may leave cooked food on an uncovered fire before Shabbat. Sephardim hold that the food must be fully cooked and worsens the more it cooks. However, according to Ashkenazic minhag, it’s permissible if it was cooked Machal Ben Dursai (half way). Nonetheless, Sephardim may be lenient to consider it as cooked from once it’s Machal Ben Dursai if the food is going to be eaten for [[Shabbat]] day and not Friday night.<Ref> The Mishna in the third perek of [[Shabbat]] (36b) says that if a Kirah (stove that’s made to hold two pots (38b)) is heated with straw or stubble, one can put food on it to cook. But if it’s heated with wood or olive peals one can’t put food on the Kirah unless one made a recognizable sign to prevent one from stoking the coals on [[Shabbat]] by having the coals Garuf (shoveled out) or Katum (covered with dust). * The Gemara (36b) asks when the mishna says not to put a food on a fire if it is heated by wood or olive peals (Lo Iten) whether it forbids returning food to a stove on [[Shabbat]] (Lo Yachzir) but it would be totally permitted to do Shehiyah (leaving food on the fire from before [[Shabbat]]) or rather it’s forbidden to leave food on from before [[Shabbat]] unless it’s Garuf or Katum (Lo Yish’heh) and certainly it’s forbidden to return food on [[Shabbat]]. There are no clear proofs in the Gemara concerning the Mishna but gives a few rulings on the issue. The Gemara has two rulings like the latter explanation, and then an opposing ruling supported by a Mishna which accords with the former explanation.
==Juice Box==
* The Rif (16a) rules like the latter interpretation and so unless the stove was Garuf or Katum one can’t leave a food that wasn’t totally cooked on the stove before [[Shabbat]]. The Rambam ([[Shabbat]] 3:4), Rabbenu Yonah, Shiltot (Shlach 128), Rabbi Yehuda Barsiloni (Itim 19), and Ramban (Milchamot 15b, Chiddushim 37a D”H Mahu) concur with Rif (16a). However, Rashi (37b D”H VeRav Sheshet) rules like the former interpretation because it’s supported by a Mishna. The Rosh ([[Shabbat]] 3:1), Baal HaMoer (15b D”H Ule’inyan), Tosfot (18b D”H Bashil), Rabbenu Chananel (quoted by Tosfot 37b D”H Amar), Ran (16b D”H Tu) in name of Rav Hai Goan, Rashba (38a D”H VeHatemiha), Smag (Lav 65:13), Smak (282 pg 285), Sefer HaTrumah (231), Hagahot Maimon ([[Shabbat]] 3:2), and Mordechai ([[Shabbat]] 3:299) in name of Or Zaruha (Erev [[Shabbat]] 8), and Tosfot Rabbenu Peretz Pesachim 37a s.v. vchen concur with Rashi.
[[File:Juice boxes.jpg|175px|right]]
* Shulchan Aruch O.C. 253:1 quotes the opinion of Rambam and Rif that if the stove isn’t Garuf or Katum one may not leave food on it from before [[Shabbat]] unless it’s fully cooked and worsens as it cooks and then the opinion of Rosh and Rashi that if it’s cooked Machal Ben Dursai one can leave it on from before [[Shabbat]]. Seemingly the S”A holds like Rif and Rambam since he wrote that opinion as the anonymous first ruling and only quotes the Rosh as a “Yesh Omirim” (minority opinion). Interestingly, Minchat Cohen (Mishmeret [[Shabbat]] 5) says that S”A really holds like Rosh because he didn’t make his opinion clear in 253:1 but in 254:4 he rules on another issue in favor of the Rosh. However, Erech HaShulchan 253:3, Sh”t Shoel VeNishal (1:36, 5:32), and Mishna Brurah (Shaar Tzion 254:22 in name of Pri Megadim) argue that 254:4 is a ruling that everyone would agree to and so the Minchat Cohen has no proof. There are a few approaches in the Achronim to be lenient on this issue.
# When possible the juice should be opened before [[Shabbat]], however, if it wasn't one may insert the straw to drink the juice. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 838) </ref>
* Firstly, Rama 253:1 says that the Minhag is to be lenient like the Rosh. Mishna Brurah (Beiur Halacha D”H VeNehagu writes that preferably one should be strict like S”A.) Therefore according to Ashkenazim, Shemirat Shabbat KeHilchata 1:63 rules that one may be lenient to leave food on an uncovered fire if the food is Machal Ben Dursai before [[Shabbat]] as long as one doesn’t intend of returning the food to the fire on [[Shabbat]] (if removed). For Sephardim, Sh”t Zechur LeYitzchak (O”C 74 pg 113a) writes in name of Maharam Ben Chaviv that Sephardim may be lenient against S”A, since it’s a Minhag from before S”A and there’s an mitzvah of Oneg [[Shabbat]] to have hot food on [[Shabbat]]. Eretz Chaim (Klal 7) supports the Zechur LeYitzchak with the Shach Y”D 242 who says a Minhag can rely a Yesh Omrim against the anonymous ruling. Sh”t Ginat Veradim 3:4, Sh”t Pirchei Cohen O”C 34, Sh”t Divrei Chizkiya O”C 1:2, Yashkil Avdi O”D 3:10, and Sh”t Vayomer Moshe O”C 3 concur based on minhag. However, Sh”t Shoel VeNishal 1:36, 5:36 argues that the Minhag is based on lack of knowledge and incorrect practices and so shouldn’t be kept.  
* Secondly, Sh”t Rashbatz 8 defends the Minhag to leave food that was cooked Machal Ben Dursai on a stove not Garuf or Katum because of a Safek Safeka whether halacha is like Rosh and even if not there are opinions that one can be lenient if the food is only going to be eaten [[Shabbat]] day because then there isn’t a concern of coming to stoke the coals. [Shibolei HaLeket 57 in name of Rabbenu Simcha says that Shehiya is permitted if a person has two pots and the one that’s [[cooking]] for [[Shabbat]] day is separate from the pot [[cooking]] for Friday night. Rabbenu Binyamin (quoted by Shibolei HaLeket), Mordechai ([[Shabbat]] 3:300), Rabbenu Yishaya HaRishon ([[Shabbat]] Bameh Tomnin), and Raavan ([[Shabbat]] 338) concerning [[Hatmana]] allow something that is set aside for the next day. However Bet Yosef 253:1(4) concludes that this seemingly goes against many of the Mefarshim that are brought in the following Siman.] Even though seemingly Bet Yosef should disagree with this idea of the Rashbetz, nonetheless, Bet Yosef 253:1(3) himself writes such a defense of the Minhag because of the opinion of Rashi and the possibility that one is allowed to do Shehiya for [[Shabbat]] day. Birkei Yosef 253:1 writes the same in the name of his grandfather and adds that’s it’s better to satisfy all opinions by adding a piece of raw meat (S”A 254:1) to the pot so it’s clear that the pot is [[cooking]] for the next day. Nonetheless, Chazon Ovadyah ([[Shabbat]] 1 pg 48) concludes based on the minhag and Safek Safeka of the Rashbetz a Kirah that one can leave a food cooked Machal Ben Dursai on a stove that’s not Garuf or Katum if the food is meant for the [[Shabbat]] day. </ref>
# Cooked food (according to Ashkenazim, half cooked and Sephardim, fully cooked, as above) may be left in an oven before [[Shabbat]] if it is on a [[Shabbos]] setting, meaning that opening the door will not activate the oven to become heated. <Ref> Shemirat Shabbat KeHilchata 1:17 in the note, Orchot [[Shabbat]] (2:15 pg 67). It seems that Sh”t Igrot Moshe 4:74:26 agrees. </ref>
# Some consider Machal Ben Dursai to be half cooked and some a third cooked. Therefore one shouldn’t leave food on the fire from before [[Shabbat]] unless it’s half cooked, however if it’s a third cooked there’s room to be lenient in a case of difficulty.<Ref> Mishna Brurah 253:38 </ref>
# According to Sephardim, even completely cooked foods can’t be left on the fire unless it also worsens the more it cooks. The general rule is that any food that has flour in it is in the category of foods that worsen the more they cook, however, cabbage, beans, small pieces of meat, and egg are in the category of food for which it’s beneficial to continue [[cooking]]. If there’s a doubt considered whether something worsens or benefits from continued cooked one should be careful. <Ref> Beiur Halacha 253:1 D”H VeHu, Laws of [[Shabbat]] (Rabbi Shimon Eider vol 4 pg 344) </ref>


==Juice Carton==
==Leaving raw food on the fire==
[[File:Orange juice carton.jpg|right|150px]]
# If the food [[cooking]] is raw meat or there’s a piece of raw meat in a the food it’s permitted to leave it on the fire before [[Shabbat]] as long as it is put on right before Shabbat. The explanation is that there’s no concern that you’ll come to stoke the coals since you know it isn’t going to be ready by Friday night.<Ref> Shulchan Aruch 253:1 writes that if the food is raw or there’s a piece of raw food in a pot it’s permissible to leave the food on the fire from before [[Shabbat]]. Mishna Brurah 253:9 specifies that this only work for a piece of meat and not raw vegetables. This is also the opinion of The Laws of [[Shabbat]] p. 345 who specifies that it should be meat that is potted and not roasted. </ref>
# Pulling out the ring to open a juice carton such that a nice circular hole is created is a dispute whether it is allowed on Shabbat. Some allow it and some don't.<ref>Tiferet 314:24 cites the Or Letzion 27:6 who holds that it is forbidden to open the juice carton by removing the ring unless one doesn't remove the ring completely. Menuchat Ahava 3:24:5 is lenient if one doesn't intends to drink from the carton but plans to first pour it into a cup. Chazon Ovadia Shabbat v. 5 p. 384 is lenient since one doesn't intend to make a nice hold but rather one intends just to open the juice and then throw it out.</ref>
# Some poskim hold that this leniency does not apply nowadays to a stove or oven since it is possible to increase the fire so that it’ll be ready quickly.<ref>The Shabbos Kitchen p. 54 quotes Rav Henkin as holding that nowadays the leniency of adding raw meat to a pot doesn't permit leaving it on the fire from before Shabbat. Similarly, Rav Schachter in Nefesh Harav (pg. 156-157) writes that this leniency of adding raw food doesn't apply nowadays because the food can always become cooked by Friday night. This is also found in The Laws of Cooking and Warming Food on Shabbat by Rabbi Willig p. 184. The Laws of Shabbos (Rabbi Eider, p. 346) concludes that it is preferable to follow this opinion. On p. 336 fnt. 783 he quotes Rav Moshe Feinstein as holding that this leniency does apply nowadays.</ref> However, it it is permissible to rely on this for putting food in a crockpot since it is made to cook slowly and there’s no concern you’re going to adjust the temperature since it won’t be ready by Friday night anyway.<ref>The Shabbos Kitchen p. 56. Rabbi Mordechai Willig ("The Laws of Cooking and Warming Food on Shabbat" p. 126) concurs. </ref>


==Jars or Bottles==
==With what stoves and how are they heated?==
[[Image:Snapple.png|100px|left]]
# A Kirah fueled with olive peals, wood chips, dung of large animals, or charcoal need to be Garuf and Katum in order to leave something not cooked upon it, however, if the Kirah is fueled with straw or stubble, one may leave not cooked food on it. <Ref> The Mishna ([[Shabbat]] 36b) differentiates between a Kirah heated by stubble and straw which don’t make coals (that can later be stoked) and a Kirah heated by olive peals, wood chips that make coals. The Tur and S”A 253:1 rule that one may leave not cooked food on a Kirah fueled by straw or stubble but if was fueled with olive peals or wood chips it’s forbidden unless the food is cooked. Mishna Brurah 253:4 in name of the Kol Bo includes charcoal in the second category of fuels. [Rambam ([[Shabbat]] 3:4) includes dung of small animals in the same category as straw and stubble, implying that dung of large animals is the category of olive peals and wood chips. However, Bet Yosef 253:1 (s.v. Umasha Katuv VeIm Husaka BeKash) writes that our version of the Yerushalmi is that dung of small animals is included in the category of olive peals and woods. The Kolbo (Siman 31, pg 31c) and Rambam had different versions of the Yerushalmi. Mishna Brurah 253:4 rules like Rambam that dung of large animals is included in the category of olive peals and wood chips.] </ref>
# It’s permissible to puncture the lid of a vacuum sealed jar in order to open a jar.<Ref>Shemirat Shabbat KeHilchata 9:21 </ref>
# There’s a dispute whether our stoves nowadays fueled by oil also have the issue of Shehiya or not. Because of the old Minhag to be lenient one has what to rely on to leave food on a gas fire if the food is half cooked<ref>There is dispute between Rashi and the Rambam how to define Machal Ben Dursai. The Rambam Shabbat 9:5 writes that the definition is half cooked and (Shabbos 20a s.v. ben drusai) holds it is a third cooked. Mishna Brurah 253:38 writes that one should be strict not to leave food on the fire unless it is half cooked. He adds that in an extenuating circumstance one can be lenient to rely on the opinion that Machal Ben Dursai means one-third cooked.</ref> and the food is meant to be eaten the [[Shabbat]] day and not that night. <Ref>  
==Corks==
* Our stove nowadays fueled with gas or oil which don’t leave over coals seemingly shouldn’t be included in the laws of Shehiya. However, some argue that since the flame that can be raised it’s forbidden because of the Gezerah just like a fire fueled with wood chips. Sh”t Panim Meirot 1:84 says a portable stovetop with a flame fueled by alcohol which can be raised by manipulation is forbidden because of the Gezerah. Sh”t Maharsham 3:165, Sh”t Amrei Yosher 2:171, Sh”t Maharam Brisk 2:76, Sh”t Esei HaLevanon O”C 11, Sh”t Shoel VeNishal 1:36, Sh”t Vayomer Boaz 18, Sh”t Divrei Chizkiya 1:2 pg 12 quoting Mahari Sharim, and Shaarei Teshuva 254:7 (s.v. Mipneh) concur. [See Beiur Halacha 253:1 s.v. Afilu Eina Garufa who is in doubt whether it’s permissible to leave food on a Kirah that’s heated by straw and stubble only if the straw and stubble have been consumed prior to [[Shabbat]] or it’s permissible even if there’s a lot of fuel to last a long time. If so, it seems clear that the same doubt would apply to the case of a flame continuously fueled by oil.]
#It is permitted to open a wine bottle with a cork using a corkscrew on Shabbat.<ref>Dor Hamelaktim Shabbat v. 4 p. 2096 writes that most poskim hold that it is permitted to remove a cork with a corkscrew on Shabbat including the Pri Megadim M"Z 518:3, Chayei Adam 41:4, Mishna Brurah 314:14, Aruch Hashulchan 314:11, Kaf Hachaim 314:20, Shemirat Shabbat Kehilchata 9:21, Chut Shani 2:2:45, and Orchot Shabbat 12:22. They do cite that a minority of poskim including the Tiferet Yisrael Kalkelet Shabbat n. 35 and Minchat Shabbat 80:164:10 forbid it because of [[uvda dchol]].</ref>
* Second source to forbid: Bear Yitzchak (Introduction to Kodshim) writes that he asked the Goan MeBrisk about leaving a container of water by an oil stove and he was answered that it’s totally forbidden as by the hot water container mentioned in Yerushalmi ([[Shabbat]] 3:3e), that forbids it since the walls of the container remain hot. Bear Yitzchak continues that Rav Zonenfeld asked Rav Yacov Elishor why he didn’t protest the Minhag some Sephardim had to leave a container of water by an oil stove and was answered that he didn’t have the power to protest this bad Minhag. Those who don’t apply the Gezerah to a modern stove:
 
* 1) Sh”t Maharshag 2:50 argues that since Chazal didn’t make a Gezerah about the case of a flame fueled by oil we shouldn’t make a Gezerah. Chazon Ovadyah ([[Shabbat]] 1 pg 48) quotes Yadei Chaim pg 200 who explains that even if something is very similar to a modern example we can’t extend the Gezerot of Chazal like the Rishonim were able to, thus modern day stoves such be permissible. Sh”t Tzitz Eliezer 2:7 (quoting Rav Tzvi [[Peasch]] Frank) based on a Yerushalmi (Shevit 2:4) concurs.  
==After the fact==
* 2) Sh”t Igrot Moshe O”C 1:93 distinguishes between stoking the coals for which the Rabbis made a Gezerah and adding more fuel which the rabbis didn’t make a Gezerah, and so a oil stove isn’t an issue of stoking coals and the issue of increasing the fire is permitted. This idea is applied elsewhere in Sh”t Yacheve Daat 6:20.
# If one opened a can, bag, bottle or other container in a prohibited way, one may still eat the food on [[Shabbat]]. <Ref>Shemirat Shabbat KeHilchata 9:23. Shemirat Shabbat Kehilchata (9 fnt. 76, 10 fnt. 44) explains that food in a container isn't muktzeh even if opened in a forbidden way since the container is only an obstacle (Rashba, Ran Beitzah 31b, Magen Avraham 518:14) and also there are permitted ways to open it. </ref>
* 3) Additionally, Gedolei Tzion 9:11 (quoted by Sh”t Tzitz Eliezer 7:16(3) and Sh”t Yachave Daat 6:20) and Sh”t Kochavei Yitzchak 3:37(4) say that the Gezerah only applies to coals which constantly flicker and get close to going out, but an oil stove where the fire is constant there shouldn’t be a Gezerah.  
# The food in the container isn’t muktzeh even if you hold that it is forbidden to open but if it was somehow opened the food is permitted.<ref>Orchot Shabbat v. 2 p. 196 quotes the Chazon Ish that food inside a container that you hold is forbidden to open is muktzeh. Orchot Shabbat disagrees since there are permitted ways to access the food even according to the Chazon Ish such as making the container unusable. Ran Beitzah 17b and Rashba Beitzah 31b clearly write that any inaccessible food which itself is edible and permitted aren’t muktzeh even if accessing them is forbidden.</ref>
* Sh”t Tzitz Eliezer 7:15(3) writes that even the Chazon Ish (Sefer Moed Siman 37) who forbids a modern stove by Chazarah didn’t even entertain the idea of forbidding it for Shehiyah. Rejection of the second source: On the other hand, Chazon Ovadyah ([[Shabbat]] 1 pg 49) rejects the proof from the Yerushlami based on Ritva (Shabbbat 41a; see also Chiddushei Ran), who explains that water that’s totally cooked is even allowed to be left on a Kirah or a Tanur but the problem of a water container is that it was made of metal pieces and if the water evaporates one may come to add more water in fear that the fire will make the container fall apart. This is also the opinion of Maginei Shlomo ([[Shabbat]] 41a) in name of Rashi. Chazon Ovadyah concludes that had Rav Yacov Elishor seen the Ritva and Poskim who permit he would have rejoiced to defend the Minhag! Sh”t Tzitz Eliezer 7:15(1) (quoting Sh”t Maharsham 3:165) also rejects the proof from the Yerushalmi because we don’t pasken like the Yerushalmi since it’s not mentioned in the Bavli. </ref>
==Non-Food Packages and Envelopes==
#A person should not open an envelope on Shabbat even by asking a non-Jew. One could hint to the non-Jew that he isn't allowed to open it on Shabbat and if he figures out to open it that is permitted.<ref>Mishna Brurah 340:41. Biur Halacha 340:13 s.v. haniyar explains that the Pri Chadash YD 118 holds that opening a letter on Shabbat is kore'ah on a Biblical level since the destruction of the envelope is constructive for accessing the letter. The Biur Halacha concludes that this would depend on Rabbi Yehuda and Rabbi Shimon regarding melacha shein tzaricha lgufa and as such one should be strict not to treat this is a rabbinic prohibition and ask a non-Jew even if it is a mitzvah need.</ref>
# Some say that if one rips open the envelope package in a destructive fashion it is permitted.<ref>Or Letzion 2:40:5</ref> Some say it is technically permitted to open mail on Shabbat by separating the edges that were glued shut but it is better to ask a non-Jew.<Ref>Yalkut Yosef 340:14:5, Yachava Daat 6:24 citing Chacham Tzvi 39</ref>
 
==Related Pages==
# [[Koreah]] (Tearing)
# [[Opening and Reading Mail on Shabbat]]
==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/716857/Rabbi_Zvi_Sobolofsky/Opening_Items_on_Shabbos-_Part_II_-Cans,_Bottles_and_Food_Items Rabbi Zvi Sobolofsky]
* [http://www.torah.org/advanced/weekly-halacha/5757/beshal.html Weekly Halacha] by Rav Doniel Neustadt
* [http://koltorah.org/ravj/OpeningCansonShabbat.htm Kol Torah] by Rabbi Chaim Jachter


==Sources==
==Sources==
<references/>
<references/>
[[Category:Shabbat]]
[[Category:Shabbat]]

Revision as of 20:46, 9 March 2021

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Basics

  1. There is a Rabbinic prohibition of shehiya to leave a pot of uncooked food on a stove or oven on Friday afternoon before Shabbat because one might come to stoke the coals on Shabbat.[1]
  2. To avoid this gezerah there are few possible options: 1) Cover the fire, 2) Make sure that the food is already cooked to the point that it is edible even if it isn’t fully cooked, OR 3) Put in the food when it is raw.

Different Types of Cooking Appliances

  1. A Kirah was a stove in the times of the Gemara which that had room to hold two pots on top (with the heating element below).[2] The Kirah is considered the most lenient of the stoves and it’s permissible to leave food on it on Shabbat by fulfilling one of five conditions: 1) The fire is covered 2) The food is considered totally cooked 3) The food is totally raw 4) The coals are removed 5) The fuel is straw, stubble or the like (which will be discussed below at length). [3]
  2. A modern day gas stove is considered a Kirah (and so requires one of the five requirements to be fulfilled, see further.) [4]
  3. A modern day oven is considered a Kirah (and so requires one of the five requirements to be fulfilled.) [5]

Covering the fire

Blech

  1. One is permitted to leave food on a fire if there is a metal tray or sheet (blech) to cover the fire of a regular gas stove. Some authorities add that it’s preferable to also cover the knobs (or remove them). [6]

Hot Plate

  1. Some consider a hotplate or electric hotplate (plaata) a covered fire and others consider it an uncovered fire. [7]

Crock Pot

  • Crock Pot

    Crock Pot

  • Crock Pot with Lining

    Crock Pot with Lining

  • Slow Cooker on Base

    Slow Cooker on Base

  1. Leaving food in a crock pot, to alleviate both issues of shehiya and hatmana,
    1. according to some poskim all you need to do is cover the knob as long as it is cooking for Shabbat day.
    2. However, some forbid it unless there is an aluminum foil lining between the insert and the heating element and the knob is covered.[8]
    3. Furthermore, some take this a bit further and insist that there be a significant space between the heating element and the crock pot insert. This can be accomplished by placing a few balls of tin foil under the crock pot insert.[9]
  2. A crock pot or slow cooker that doesn’t fit into a heating element and just sit upon a heating element don’t have the question of hatmana and only need cover the heating element with aluminum foil and preferably the knob as well.[10]

Oven

  1. An oven is considered an uncovered fire unless one places a metal 4 sided box into the oven to interpose between the walls and the pot of food to serve as a reminder and some disagree holding that it’s an uncovered fire under all circumstances. [11] Some Ashkenazic poskim allow leaving uncooked food in an oven before Shabbat if the buttons or knobs used to raise the temperature are covered with a piece of tape.[12]
  2. Many Sephardic poskim are lenient to do Shehiya in an oven from before Shabbat. Some poskim add that one should cover the buttons and other poskim add that one should place a tray or aluminum foil on the bottom of the oven to cover the heating element.[13] In order to permit opening the oven door on Shabbat one must make sure that the oven is on "Shabbos mode" or has a light to indicate when the fire is running and open it only then.[14] Once one opens the door on Shabbat if the food is uncooked it is forbidden to close the oven door since that enables the food to cook quicker; rather one should make sure not to open the door until the food is completely cooked or one has to remove it from the oven.[15]

Warming Drawers

  1. One may leave fully cooked food in a warming drawer before Shabbat. According to Ashkenazim it is permitted even if the food is just half cooked.[16]
  2. If the food is no fully cooked according to Sephardim or according to Ashkenazim it is not half cooked, it is still possible to leave food in a warming drawer from before Shabbat if one lines the inside of the warming drawer with aluminum foil. Some say that the aluminum foil lining should be visible from the outside. Also, ideally, the knobs should also be covered with multiple pieces of tape.[17]

Hot Water Urn

  1. The only way to leave water in a hot water urn from before Shabbat is by turning it on several minutes before Shabbat so that the water reaches at least Yad Soledet Bo before Shabbat. Otherwise the leniencies of covering the fire or using raw meat are inapplicable.[18]

Sous Vide

Sous vide.jpg
  1. Using a sous vide to cook food from before Shabbat is not an issue of hatmana, however, shehiya has to be solved either by placing raw meat in immediately before candle lighting or by cooking the food halfway before Shabbat.[19]

Cooked Food

  1. One may leave cooked food on an uncovered fire before Shabbat. Sephardim hold that the food must be fully cooked and worsens the more it cooks. However, according to Ashkenazic minhag, it’s permissible if it was cooked Machal Ben Dursai (half way). Nonetheless, Sephardim may be lenient to consider it as cooked from once it’s Machal Ben Dursai if the food is going to be eaten for Shabbat day and not Friday night.[20]
  2. Cooked food (according to Ashkenazim, half cooked and Sephardim, fully cooked, as above) may be left in an oven before Shabbat if it is on a Shabbos setting, meaning that opening the door will not activate the oven to become heated. [21]
  3. Some consider Machal Ben Dursai to be half cooked and some a third cooked. Therefore one shouldn’t leave food on the fire from before Shabbat unless it’s half cooked, however if it’s a third cooked there’s room to be lenient in a case of difficulty.[22]
  4. According to Sephardim, even completely cooked foods can’t be left on the fire unless it also worsens the more it cooks. The general rule is that any food that has flour in it is in the category of foods that worsen the more they cook, however, cabbage, beans, small pieces of meat, and egg are in the category of food for which it’s beneficial to continue cooking. If there’s a doubt considered whether something worsens or benefits from continued cooked one should be careful. [23]

Leaving raw food on the fire

  1. If the food cooking is raw meat or there’s a piece of raw meat in a the food it’s permitted to leave it on the fire before Shabbat as long as it is put on right before Shabbat. The explanation is that there’s no concern that you’ll come to stoke the coals since you know it isn’t going to be ready by Friday night.[24]
  2. Some poskim hold that this leniency does not apply nowadays to a stove or oven since it is possible to increase the fire so that it’ll be ready quickly.[25] However, it it is permissible to rely on this for putting food in a crockpot since it is made to cook slowly and there’s no concern you’re going to adjust the temperature since it won’t be ready by Friday night anyway.[26]

With what stoves and how are they heated?

  1. A Kirah fueled with olive peals, wood chips, dung of large animals, or charcoal need to be Garuf and Katum in order to leave something not cooked upon it, however, if the Kirah is fueled with straw or stubble, one may leave not cooked food on it. [27]
  2. There’s a dispute whether our stoves nowadays fueled by oil also have the issue of Shehiya or not. Because of the old Minhag to be lenient one has what to rely on to leave food on a gas fire if the food is half cooked[28] and the food is meant to be eaten the Shabbat day and not that night. [29]

Sources

  1. ↑ The Mishna Shabbat 36b records the prohibition of chazal not to leave uncooked food on the fire before Shabbat. Shulchan Aruch O.C. 253:1 codifies this. Rashi explains that the prohibition is based on a concern that one will come to stoke the coals. Rashi also mentions that there is an additional issue of 'Mosif Hevel' (keeping food in a state of raised temperature). Tosfot questions this addition of Rashi because Mosif Hevel is normally associated with the rabbinic prohibition of Hatmanah and not Shehiyah. Even though technically the gemara is discussing a two pot coal-heated stove (Kirah) see the next halachot for its applicability to modern day stoves.
  2. ↑ See copy of paper by Rabbi Brand for a detailed description of the different types of "stoves" used in the ancient world: http://www.the-daf.com/wp-content/uploads/2011/05/Earthenware-Vessels-Kupach-Kira-and-Tanur-Brand.pdf
  3. ↑ S”A 253:1 writes that a Kirah has the resemblance of a large pot and has room for two pots. The five leniencies listed are all sourced in S”A 253:1 but will be discussed below at length. See Laws of Shabbat (Rabbi Shimon Eider; vol 4 pg 326) for a description and pictures.
  4. ↑ Orchot Shabbat (vol 1 pg 62), Shabbos Kitchen (pg 52), and Laws of Shabbat (Rabbi Shimon Eider; vol 4 pg 327) quoting Rav Moshe and Rav Henkin hold that a modern stove is considered a Kirah.
    • Rav Ovadia Yosef (Chazon Ovadia Shabbat v. 1 pp. 48-9) writes that seemingly there shouldn't be any prohibition of shehiya with a gas stove or burner because they didn't exist in the days of Chazal. Since it didn't exist in the days of chazal, perhaps we can't invent a gezerah today to forbid Shehiyah on modern stoves. However, he cites numerous poskim who write that there is a prohibition of Shehiyah with a gas stove. These poskim include: Panim Meirot 1:84, Maharsham 3:165, Maharam Brisk 2:76, and Shoel VeNishal 1:36. In conclusion, Chazon Ovadia pp.49-50 agrees with those who are strict on the matter as he says in order to satisfy the opinion of Maran one should cover the fire. Additionally on p. 44 he writes that nowadays one can be lenient if it is for the day time meal, implying that otherwise not.
  5. ↑ Sh”t Igrot Moshe (1:93 and 4:74:26) considers a modern day oven to be considered like a Kirah. This is also the opinion of Orchot Shabbat (2:15, vol 1 pg 67), Laws of Shabbat (Rabbi Shimon Eider; vol 4 pg 327), and Shabbos Kitchen (Rabbi Simcha Bunim Cohen, pg 53). However, Sh”t Az Nidbaru 4:18 considers it be a Tanur based on the heat of a modern oven.
  6. ↑
    • Magen Avraham 253:31 permits Shehiya in an oven because the fire is covered by a cement or clay wall built into the oven based on the S”A 253:3 who permits leaving on the fire if there’s an empty vessel separating between the fire and the food. However, the Magen Avraham adds that based on the Maharil (Minhagei Maharil pg 36; see 318:15), Agudah, and Tashbetz 27 the flame must have some interposition such a wooden plank that serves as a reminder besides being covered by metal. The Achronim unanimously agree including Eliyah Rabba 253:31, Tosefet Shabbat 253:40, Shulchan Aruch HaRav 253:26, Aruch HaShulchan 253:25, Mishna Brurah 253:81, and Chazon Ovadyah (Shabbat 1 pg 50).
    • According to this, a metal covering of the fire which also serves as a reminder would permit the fire to be used. Therefore, Sh”t Igrot Moshe 1:93 writes that a gas stove when covered with a metal sheet, commonly referred to as a Blech, is like a covered Kirah and is permissible. Shemirat Shabbat KeHilchata 1:63 and specifies that the cover should be something that’s not usually used to cover a fire. Sh”t Zera Emet O”C 253:26, Sh”t Maharam Brisk 2:76, Sh”t Tefilah LeMoshe 1:37 (also recorded in Menuchat Ahava Ahava 3:1 in Rabbi Moshe HaLevi), Shem Chadash (on Yereyim 1 pg 58), Kaf Hachaim 253:11, Sh”t Maharshag 2:50, Sh”t Divrei Chizkiyah 1:2 in name of Mahari Shari, Sh”t Yaskil Avdi O”C 3:10(2), Sh”t Ohel Yosef (Rabbi Yosef Parid; Siman 10), Rav Vosner in Sh”t Shevet HaLevi 1:91, and Chazon Ovadyah (Shabbat 1 pg 50) concur.
    • [Chazon Ish 37:9 argues on the Mishna Brurah from Rashi (Shabbat 37a D”H Gaba; quoted by the Tur) who forbids a covering over an empty space and concludes that a covering that’s not normally used and lowers the heat of the fire is considered a covering. Thus, a covering on our modern stove wouldn’t be sufficient. Chazon Ovadyah (vol 1 pg 51), Sh”t Shevet Levi O”C 1:91, Toldot Zev (Shabbat 2 pg 192) argue on the Chazon Ish that Rashi is referring to a cooking on Shabbat in a way that’s usual and so a covering it’s sufficient, however but by Shehiya one only needs a reminder not to stoke the coals and once it’s an unusual interposition it doesn’t need to lower the heat of the fire. See Bach 253:14 s.v. VeDavka and Sh”t Maharam Shik O”C 117 who also make this distinction. Rabbi Hershel Schachter (in The Laws of Cooking and Warming Food on Shabbat p. 181) writes that the minhag is to allow leaving food on a blech before Shabbat unlike the Chazon Ish.] Rav Hershel Schachter (The Laws of Cooking and Warming Food on Shabbat p. 181) writes that the minhag is not like the Chazon Ish and to accept a blech as an acceptable covering.
    • Knobs: Sh”t Igrot Moshe O”C 1:93, Sh”t Tzitz Eliezer 7:17(3), Sh”t Bear Moshe vol 7, and Yalkut Yosef (Shabbat vol 1 pg 96) add that besides covering the flame it’s preferable to cover the knobs also. Yet, covering the fire is essential. Additionally, Orchot Shabbat (vol 1 2:9, pg 65) quotes Rav Shlomo Zalman Auerbach and Rav Elyashiv (who is also quoted by Hilchot Shabbat BeShabbato pg 197) who hold that a covering of the knobs isn’t necessary if the fire is covered.
    • On the other hand, Rav Aharon Kotler (quoted by The Laws of Shabbat p. 338 fnt. 800) and Rav Soloveitchik (quoted by Rav Schachter in The Laws of Cooking and Warming Food on Shabbat p. 181) held that covering the knobs is the primary way to avoid the issue of not coming to adjust the temperature and covering the fire is an added stringency.
  7. ↑
    • Reasons to forbid a Plaata: 1) Sh”t Yaskil LeAvdi O”C 5:34, 6:15 is lenient by a covered stove since the cover is a separate piece but a Plaata is entirely like a coal and there’s nothing covering it (S”A 253:1 rules that one can’t do Shehiya with something directly touching the coals).
    • 2) Sh”t Yaskil Avdi O”C 5:34, 6:15 adds that there’s an issue that one may come to plug it in because it’s so easy unlike lighting a flame anew which the Rabbi’s didn’t make a Gezerah because it requires preparation and by that time one will remember it’s Shabbat. [Later on, he retracted because the Minhag was to use it, see Sh”t Yaskil LeAvdi O”C 7:28(8).]
    • Arguments to permit a Plaata: 1) Chazon Ovadyah (Shabbat 1 pg 52) argues on the first reason because by a Plaata the heat comes from electric current under the metal sheet and so it’s like a covered flame.
    • 2) Chazon Ovadyah and Netivei Am (pg 120-1) argue on the second reason, based on Sh”t Maharam Provinsal 46, and Birkei Yosef 339:7 who write that there’s no Gezerah of coming to write by composing a song as there’s a Gezerah by doing a business transaction because it may come to writing because we don’t extend the Gezerah of the Rabbis on what they didn’t just because it’s easy to come to do a Melacha. [Similarly, Rosh (Shabbat 24a), Maggid Mishna (Chol HaMoad 5:20), Sh”t Rivash 390 in name of Ran, Radvaz (Trumot 1:22; Sh”t Radvaz 1:149), and Bet Yosef (O”C 462) say that nowadays the Rabbis can’t enact new Gezerah’s not enacted by Chazal.]
    • 3) Chazon Ovadyah explains that it should be permissible since a flame is consistent (unlike coals that flicker) and the heat can’t be changed. This reason is also found is Gedolei Tzion 9:11, Mishna Brurah (Beiur Halacha 253:1 D”H Afilu), Sh”t Tzitz Eliezer 7:16(3), Shemirat Shabbat KeHilchata 1:25, and Rav Yosef Kapach (commentary on Rambam Shabbat 3 pg 74).
    • Halacha: Shemirat Shabbat KeHilchata 1:25 for a plaata which one can’t change it’s temperature and it’s not usually used for cooking is considered a covered fire and doesn’t require another covering. So holds Rav Moshe in Sh”t Igrot Moshe 4:74:35 (who emphasizes that it must be impossible to cook on it), Rav Vosner (MeBeyt Levi vol 6, laws of Shehiya #2) Chazon Ovadyah (vol 1 pg 52), Or Letzion (vol 2, 17:1) and Shabbos Kitchen (pg 52).
    • However, Orchot Shabbat (2:13, v. 1 p. 66) and Otzrot HaShabbat (pg 100) quotes Rav Elyashiv who requires a covering of thick aluminum even on a Plaata which one can’t change its temperature.
  8. ↑ 39 Melachos v. 2 p. 633 writes that Rav Moshe held the crock pot wasn't an issue and to avoid those who are strict it is sufficient to place aluminum foil between the insert and the heating element and also cover the knob.
  9. ↑ Reasons to permit:
    1. Hatmana: Hatmana for Tomorrow: There are some Rishonim that permit Hatmana if the food is meant to be eaten the next day. [Shibolei HaLeket 57 in name of Rabbenu Simcha says that Shehiya is permitted if a person has two pots and the one that’s cooking for Shabbat day is separate from the pot cooking for Friday night. Rabbenu Binyamin (quoted by Shibolei HaLeket), Mordechai (Shabbat 3:300), Rabbenu Yishaya HaRishon (Shabbat Bameh Tomnin), and Ravan (Shabbat 338) concerning Hatmana allow something that is set aside for the next day.] Rama 257:1 rules like these opinions. However Bet Yosef 253:1(4) concludes that this seemingly goes against many of the Mefarshim that are brought in the following Siman.
    2. Hatmana: Partial Insulation: There is a dispute in the Rishonim whether there is Hatmana when the food is touching the coals even though the food itself isn’t covered. S”A 253:1 end of saif rules (based on Rosh (Shabbat 3:1), Tur 253:1, Ran 15b s.v. Kirah, and Magid Mishna 3:4 in name of Rambam) that if the pot is touching the coals directly it’s forbidden to do hatmana in any case. However Rama 253:1 says that there are those who permit (namely, Mordechai (Shabbat 299, Hagahot Maimon 7:20, and Or Zaruh 2:8 pg 3c) and so is the Minhag. Chazon Ish 37:19 argues on this Rama and follows S”A. See The Great Crock Pot Controversy by Rabbi Yirmiyahu Kaganoff.
    3. Hatmana: The Tiny Space Between the Pot and Heating Element: Some distinguish between the pot directly on the coals and where there’s a small airspace in between including Mishna Brurah (Shaar Hatziyun 257:43) and Shulchan Aruch HaRav 257:10 (based on Ritva Shabbat 47b). Thus, Chazon Ovadyah (1 pg 64) argues that the small airspace is reason to permit even according to S”A, while Shulchan Shlomo 257:13 doesn’t consider the airspace as an interference between the coals and the pot because that’s the way it cooks.
    4. Shehiya: Covering the Knobs: Chazon Ovadia permits the shehiya because of covering the knobs. Orchot Shabbat 2:18 holds that covering the knob with tape permits shehiya.
    5. Shehiya: Other Solutions: Halacha Brurah 253:9 writes that if one covers the heating element with tin foil that solves the shehiya problem. Halacha Brurah 257:32 notes that if one puts in a raw piece of meat before Shabbat that also solves the issue of shehiya.
    6. Those who permit: Rav Vosner (Kovetz MeBet Levi 9, Shabbat LeYisrael pg 373), Sh”t Shevet HaLevi 9:52, and Rav Moshe Feinstein (Sefer Otzrot HaShabbat and Sefer Matmin UMevashel Beshabbat quote it in his name, see also Igros Moshe OC 4:74:Hatmana 4, Teshuvot Vihanhagot 3:106) permit (according to the Rama). Chazon Ovadyah (Shabbat 1 pg. 64) permits according to S”A based on a Safeka Safeka, and the small airspace, as long as one covers the knob to serve as a reminder. Rabbi Eli Mansour on DailyHalacha.com quotes this opinion of Rav Ovadia. Halacha Brurah 257:32 permits the crock pot for hatmana purposes if the food is intended for tomorrow.
    7. Those who forbid: Rav Shlomo Aurbach in Shulchan Shlomo 257:13 forbids. Rabbi Daniel Mann writes that although one is not required to do so, one who wishes to satisfy the opinion of Rav Shlomo Zalman may place little balls of tin foil underneath the removable part of the crock pot to create a separation between the pot of food and the heating element and raise the pot of food about the walls (see Rav Shlomo Zalman's letter in the back of Orchot Shabbat and Orchot Shabbat pg. 113). Rav Elyashiv (commonly quoted “in his name” (as in Sefer Otzrot HaShabbat and Sefer Matmin UMevashel Beshabbat) as forbidding the crock pot, however Shabbat Hayom recounts that he and his friend Rabbi Ofir Malka showed Rav Elyashiv the pot and Rav Elyashiv permitted it according to the Rama.
    8. Aluminum Balls Solution: Orchot Shabbat 2:88 writes that in terms of shehiya it is considered an uncovered fire which can be solved by creating a space between the pot and the insert. In terms of hatmana even though the top is uncovered it is still considered insulated since it is mostly surrounded by the heating element. Rav Shlomo Zalman Auerbach and Rav Elyashiv both held that it is only permitted to using a crock pot is the insert is raised in a noticeable way from the heating element otherwise it would be hatmana. Additionally, Rav Shlomo Zalman Auerbach added that the food had to be completely cooked before Shabbat to avoid hatmana. Lastly, Rav Wosner held that one should be strict but one doesn't have to protest Ashkenazim who are lenient since it is only partial insulation. Rav Hershel Schachter (The Laws of Cooking and Warming Food on Shabbat p. 184) writes that one should place something in between the pot and the heating element to avoid hatmana.
  10. ↑ 39 Melachos v. 2 p. 633
  11. ↑
    • Magen Avraham 253:31 permits Shehiya in an oven because the fire is covered by a cement or clay wall built into the oven based on the Shulchan Aruch Orach Chaim 253:3 who permits leaving on the fire if there’s an empty vessel separating between the fire and the food. However, the Magen Avraham adds that based on the Maharil (Minhagei Maharil pg 36; see 318:15), Agudah, and Tashbetz 27 the flame must have some interposition such a wooden plank that serves as a reminder besides being covered by metal. The Achronim unanimously agree including Eliyah Rabba 253:31, Tosefet Shabbat 253:40, Shulchan Aruch HaRav 253:26, Aruch HaShulchan 253:25, Mishna Brurah 253:81, and Chazon Ovadyah (Shabbat vol 1 pg 50).
    • Sh”t Igrot Moshe 4:74:26 considers a modern day oven to be considered like a Kirah.
    • Seemingly there’s no simple way to make an interposition for the oven in order to leave food in it before Shabbat. However, Sh”t Igrot Moshe 4:74:27 considers a metal 4 sided box to be an adequate cover and recognition. This is also the opinion of the Shabbos Kitchen.
    • However, the Sh”t Minchat Yitzchak 3:28(1) writes that an oven has the status of an uncovered fire even if there metal interposition based on Chazon Ish 37:11 who holds that an empty pot isn’t considered a covering (see above where many disagree with the Chazon Ish).
  12. ↑ Orchot Shabbat 2:15
  13. ↑ Yalkut Yosef 253:6 writes that it is permitted to do Shehiya into an oven before Shabbat. It is a stringency to cover the buttons. Tefillah LMoshe 1:2 writes that an oven is a covered fire and it is sufficient to cover the knobs to remind oneself not to change the temperature and then it is permitted to do Shehiya into an oven. Or Letzion 2:17:4 writes that one may do Shehiya in an oven if one can cover the heating element with a tray or aluminum foil. Halacha Brurah 253:10 is lenient with the condition of the Or Letzion to cover the bottom of the oven with an empty metal tray.
  14. ↑ Yalkut Yosef 253:7, Tefillah LMoshe 1:2, Or Letzion 2:17:4, Halacha Brurah 253:10
  15. ↑ Yalkut Yosef 253:6, Tefillah LMoshe 1:2, Or Letzion 2:17:4, Halacha Brurah 253:10
  16. ↑ Shulchan Aruch and Rama 253:1
  17. ↑ Rabbi Ari Zahtz (Bishul BShabbat #7 min 51-54) explained that according to Rav Moshe it is necessary to line it with foil. Additionally, Rav Mordechai Willig thought that he should line the inside of the warming drawer with aluminum foil so that it could be seen from the outside and also cover the knobs with multiple pieces of tape.
  18. ↑ Igrot Moshe 4:74:23 requires that it have time to boil. 39 Melachos fnt. 183 writes that it seems Rav Moshe was concerned that if it was only left on so that the water would become Yad Soledet Bo, although shehiya was avoided, nonetheless if htey took out some water before it boiled that would be forbidden since it would cause the rest of the water to boil quicker. However, he quotes Chazon Ish and Rav Shlomo Zalman Auerbach who disagreed as long as the water is Yad Soledet Bo, which is the temperature necessary not to violate shehiya (Igrot Moshe 4:74:24).
  19. ↑ OK Article by Rabbi Levi Schapiro
  20. ↑ The Mishna in the third perek of Shabbat (36b) says that if a Kirah (stove that’s made to hold two pots (38b)) is heated with straw or stubble, one can put food on it to cook. But if it’s heated with wood or olive peals one can’t put food on the Kirah unless one made a recognizable sign to prevent one from stoking the coals on Shabbat by having the coals Garuf (shoveled out) or Katum (covered with dust). * The Gemara (36b) asks when the mishna says not to put a food on a fire if it is heated by wood or olive peals (Lo Iten) whether it forbids returning food to a stove on Shabbat (Lo Yachzir) but it would be totally permitted to do Shehiyah (leaving food on the fire from before Shabbat) or rather it’s forbidden to leave food on from before Shabbat unless it’s Garuf or Katum (Lo Yish’heh) and certainly it’s forbidden to return food on Shabbat. There are no clear proofs in the Gemara concerning the Mishna but gives a few rulings on the issue. The Gemara has two rulings like the latter explanation, and then an opposing ruling supported by a Mishna which accords with the former explanation.
    • The Rif (16a) rules like the latter interpretation and so unless the stove was Garuf or Katum one can’t leave a food that wasn’t totally cooked on the stove before Shabbat. The Rambam (Shabbat 3:4), Rabbenu Yonah, Shiltot (Shlach 128), Rabbi Yehuda Barsiloni (Itim 19), and Ramban (Milchamot 15b, Chiddushim 37a D”H Mahu) concur with Rif (16a). However, Rashi (37b D”H VeRav Sheshet) rules like the former interpretation because it’s supported by a Mishna. The Rosh (Shabbat 3:1), Baal HaMoer (15b D”H Ule’inyan), Tosfot (18b D”H Bashil), Rabbenu Chananel (quoted by Tosfot 37b D”H Amar), Ran (16b D”H Tu) in name of Rav Hai Goan, Rashba (38a D”H VeHatemiha), Smag (Lav 65:13), Smak (282 pg 285), Sefer HaTrumah (231), Hagahot Maimon (Shabbat 3:2), and Mordechai (Shabbat 3:299) in name of Or Zaruha (Erev Shabbat 8), and Tosfot Rabbenu Peretz Pesachim 37a s.v. vchen concur with Rashi.
    • Shulchan Aruch O.C. 253:1 quotes the opinion of Rambam and Rif that if the stove isn’t Garuf or Katum one may not leave food on it from before Shabbat unless it’s fully cooked and worsens as it cooks and then the opinion of Rosh and Rashi that if it’s cooked Machal Ben Dursai one can leave it on from before Shabbat. Seemingly the S”A holds like Rif and Rambam since he wrote that opinion as the anonymous first ruling and only quotes the Rosh as a “Yesh Omirim” (minority opinion). Interestingly, Minchat Cohen (Mishmeret Shabbat 5) says that S”A really holds like Rosh because he didn’t make his opinion clear in 253:1 but in 254:4 he rules on another issue in favor of the Rosh. However, Erech HaShulchan 253:3, Sh”t Shoel VeNishal (1:36, 5:32), and Mishna Brurah (Shaar Tzion 254:22 in name of Pri Megadim) argue that 254:4 is a ruling that everyone would agree to and so the Minchat Cohen has no proof. There are a few approaches in the Achronim to be lenient on this issue.
    • Firstly, Rama 253:1 says that the Minhag is to be lenient like the Rosh. Mishna Brurah (Beiur Halacha D”H VeNehagu writes that preferably one should be strict like S”A.) Therefore according to Ashkenazim, Shemirat Shabbat KeHilchata 1:63 rules that one may be lenient to leave food on an uncovered fire if the food is Machal Ben Dursai before Shabbat as long as one doesn’t intend of returning the food to the fire on Shabbat (if removed). For Sephardim, Sh”t Zechur LeYitzchak (O”C 74 pg 113a) writes in name of Maharam Ben Chaviv that Sephardim may be lenient against S”A, since it’s a Minhag from before S”A and there’s an mitzvah of Oneg Shabbat to have hot food on Shabbat. Eretz Chaim (Klal 7) supports the Zechur LeYitzchak with the Shach Y”D 242 who says a Minhag can rely a Yesh Omrim against the anonymous ruling. Sh”t Ginat Veradim 3:4, Sh”t Pirchei Cohen O”C 34, Sh”t Divrei Chizkiya O”C 1:2, Yashkil Avdi O”D 3:10, and Sh”t Vayomer Moshe O”C 3 concur based on minhag. However, Sh”t Shoel VeNishal 1:36, 5:36 argues that the Minhag is based on lack of knowledge and incorrect practices and so shouldn’t be kept.
    • Secondly, Sh”t Rashbatz 8 defends the Minhag to leave food that was cooked Machal Ben Dursai on a stove not Garuf or Katum because of a Safek Safeka whether halacha is like Rosh and even if not there are opinions that one can be lenient if the food is only going to be eaten Shabbat day because then there isn’t a concern of coming to stoke the coals. [Shibolei HaLeket 57 in name of Rabbenu Simcha says that Shehiya is permitted if a person has two pots and the one that’s cooking for Shabbat day is separate from the pot cooking for Friday night. Rabbenu Binyamin (quoted by Shibolei HaLeket), Mordechai (Shabbat 3:300), Rabbenu Yishaya HaRishon (Shabbat Bameh Tomnin), and Raavan (Shabbat 338) concerning Hatmana allow something that is set aside for the next day. However Bet Yosef 253:1(4) concludes that this seemingly goes against many of the Mefarshim that are brought in the following Siman.] Even though seemingly Bet Yosef should disagree with this idea of the Rashbetz, nonetheless, Bet Yosef 253:1(3) himself writes such a defense of the Minhag because of the opinion of Rashi and the possibility that one is allowed to do Shehiya for Shabbat day. Birkei Yosef 253:1 writes the same in the name of his grandfather and adds that’s it’s better to satisfy all opinions by adding a piece of raw meat (S”A 254:1) to the pot so it’s clear that the pot is cooking for the next day. Nonetheless, Chazon Ovadyah (Shabbat 1 pg 48) concludes based on the minhag and Safek Safeka of the Rashbetz a Kirah that one can leave a food cooked Machal Ben Dursai on a stove that’s not Garuf or Katum if the food is meant for the Shabbat day.
  21. ↑ Shemirat Shabbat KeHilchata 1:17 in the note, Orchot Shabbat (2:15 pg 67). It seems that Sh”t Igrot Moshe 4:74:26 agrees.
  22. ↑ Mishna Brurah 253:38
  23. ↑ Beiur Halacha 253:1 D”H VeHu, Laws of Shabbat (Rabbi Shimon Eider vol 4 pg 344)
  24. ↑ Shulchan Aruch 253:1 writes that if the food is raw or there’s a piece of raw food in a pot it’s permissible to leave the food on the fire from before Shabbat. Mishna Brurah 253:9 specifies that this only work for a piece of meat and not raw vegetables. This is also the opinion of The Laws of Shabbat p. 345 who specifies that it should be meat that is potted and not roasted.
  25. ↑ The Shabbos Kitchen p. 54 quotes Rav Henkin as holding that nowadays the leniency of adding raw meat to a pot doesn't permit leaving it on the fire from before Shabbat. Similarly, Rav Schachter in Nefesh Harav (pg. 156-157) writes that this leniency of adding raw food doesn't apply nowadays because the food can always become cooked by Friday night. This is also found in The Laws of Cooking and Warming Food on Shabbat by Rabbi Willig p. 184. The Laws of Shabbos (Rabbi Eider, p. 346) concludes that it is preferable to follow this opinion. On p. 336 fnt. 783 he quotes Rav Moshe Feinstein as holding that this leniency does apply nowadays.
  26. ↑ The Shabbos Kitchen p. 56. Rabbi Mordechai Willig ("The Laws of Cooking and Warming Food on Shabbat" p. 126) concurs.
  27. ↑ The Mishna (Shabbat 36b) differentiates between a Kirah heated by stubble and straw which don’t make coals (that can later be stoked) and a Kirah heated by olive peals, wood chips that make coals. The Tur and S”A 253:1 rule that one may leave not cooked food on a Kirah fueled by straw or stubble but if was fueled with olive peals or wood chips it’s forbidden unless the food is cooked. Mishna Brurah 253:4 in name of the Kol Bo includes charcoal in the second category of fuels. [Rambam (Shabbat 3:4) includes dung of small animals in the same category as straw and stubble, implying that dung of large animals is the category of olive peals and wood chips. However, Bet Yosef 253:1 (s.v. Umasha Katuv VeIm Husaka BeKash) writes that our version of the Yerushalmi is that dung of small animals is included in the category of olive peals and woods. The Kolbo (Siman 31, pg 31c) and Rambam had different versions of the Yerushalmi. Mishna Brurah 253:4 rules like Rambam that dung of large animals is included in the category of olive peals and wood chips.]
  28. ↑ There is dispute between Rashi and the Rambam how to define Machal Ben Dursai. The Rambam Shabbat 9:5 writes that the definition is half cooked and (Shabbos 20a s.v. ben drusai) holds it is a third cooked. Mishna Brurah 253:38 writes that one should be strict not to leave food on the fire unless it is half cooked. He adds that in an extenuating circumstance one can be lenient to rely on the opinion that Machal Ben Dursai means one-third cooked.
  29. ↑
    • Our stove nowadays fueled with gas or oil which don’t leave over coals seemingly shouldn’t be included in the laws of Shehiya. However, some argue that since the flame that can be raised it’s forbidden because of the Gezerah just like a fire fueled with wood chips. Sh”t Panim Meirot 1:84 says a portable stovetop with a flame fueled by alcohol which can be raised by manipulation is forbidden because of the Gezerah. Sh”t Maharsham 3:165, Sh”t Amrei Yosher 2:171, Sh”t Maharam Brisk 2:76, Sh”t Esei HaLevanon O”C 11, Sh”t Shoel VeNishal 1:36, Sh”t Vayomer Boaz 18, Sh”t Divrei Chizkiya 1:2 pg 12 quoting Mahari Sharim, and Shaarei Teshuva 254:7 (s.v. Mipneh) concur. [See Beiur Halacha 253:1 s.v. Afilu Eina Garufa who is in doubt whether it’s permissible to leave food on a Kirah that’s heated by straw and stubble only if the straw and stubble have been consumed prior to Shabbat or it’s permissible even if there’s a lot of fuel to last a long time. If so, it seems clear that the same doubt would apply to the case of a flame continuously fueled by oil.]
    • Second source to forbid: Bear Yitzchak (Introduction to Kodshim) writes that he asked the Goan MeBrisk about leaving a container of water by an oil stove and he was answered that it’s totally forbidden as by the hot water container mentioned in Yerushalmi (Shabbat 3:3e), that forbids it since the walls of the container remain hot. Bear Yitzchak continues that Rav Zonenfeld asked Rav Yacov Elishor why he didn’t protest the Minhag some Sephardim had to leave a container of water by an oil stove and was answered that he didn’t have the power to protest this bad Minhag. Those who don’t apply the Gezerah to a modern stove:
    • 1) Sh”t Maharshag 2:50 argues that since Chazal didn’t make a Gezerah about the case of a flame fueled by oil we shouldn’t make a Gezerah. Chazon Ovadyah (Shabbat 1 pg 48) quotes Yadei Chaim pg 200 who explains that even if something is very similar to a modern example we can’t extend the Gezerot of Chazal like the Rishonim were able to, thus modern day stoves such be permissible. Sh”t Tzitz Eliezer 2:7 (quoting Rav Tzvi Peasch Frank) based on a Yerushalmi (Shevit 2:4) concurs.
    • 2) Sh”t Igrot Moshe O”C 1:93 distinguishes between stoking the coals for which the Rabbis made a Gezerah and adding more fuel which the rabbis didn’t make a Gezerah, and so a oil stove isn’t an issue of stoking coals and the issue of increasing the fire is permitted. This idea is applied elsewhere in Sh”t Yacheve Daat 6:20.
    • 3) Additionally, Gedolei Tzion 9:11 (quoted by Sh”t Tzitz Eliezer 7:16(3) and Sh”t Yachave Daat 6:20) and Sh”t Kochavei Yitzchak 3:37(4) say that the Gezerah only applies to coals which constantly flicker and get close to going out, but an oil stove where the fire is constant there shouldn’t be a Gezerah.
    • Sh”t Tzitz Eliezer 7:15(3) writes that even the Chazon Ish (Sefer Moed Siman 37) who forbids a modern stove by Chazarah didn’t even entertain the idea of forbidding it for Shehiyah. Rejection of the second source: On the other hand, Chazon Ovadyah (Shabbat 1 pg 49) rejects the proof from the Yerushlami based on Ritva (Shabbbat 41a; see also Chiddushei Ran), who explains that water that’s totally cooked is even allowed to be left on a Kirah or a Tanur but the problem of a water container is that it was made of metal pieces and if the water evaporates one may come to add more water in fear that the fire will make the container fall apart. This is also the opinion of Maginei Shlomo (Shabbat 41a) in name of Rashi. Chazon Ovadyah concludes that had Rav Yacov Elishor seen the Ritva and Poskim who permit he would have rejoiced to defend the Minhag! Sh”t Tzitz Eliezer 7:15(1) (quoting Sh”t Maharsham 3:165) also rejects the proof from the Yerushalmi because we don’t pasken like the Yerushalmi since it’s not mentioned in the Bavli.
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