Shinui Makom: Difference between revisions

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# Moving from a [[Sukkah]] to the house, if the [[Sukkah]] is not connected to the house, then it is considered like moving from one house to another and is a shinui makom. However, if it is connected to the house then it's like going from one room to another and isn't a shinui makom. <Ref> Vezot HaBracha (pg 58, chapter 6) </ref> According to Sephardim, one may move between the [[Sukkah]] and the kitchen in order to get food and it is not considered a shinui makom. <ref>Yalkut Yosef ([[Brachot]] pg 215) </ref>
# Moving from a [[Sukkah]] to the house, if the [[Sukkah]] is not connected to the house, then it is considered like moving from one house to another and is a shinui makom. However, if it is connected to the house then it's like going from one room to another and isn't a shinui makom. <Ref> Vezot HaBracha (pg 58, chapter 6) </ref> According to Sephardim, one may move between the [[Sukkah]] and the kitchen in order to get food and it is not considered a shinui makom. <ref>Yalkut Yosef ([[Brachot]] pg 215) </ref>
===Cases that are not Shinui Makom===
===Cases that are not Shinui Makom===
# Moving from corner to corner in one room isn’t considered a Shinui Makom even if one can’t see from one corner to the other. <Ref>S”A 178:1, Mishna Brurah 178:9, 23 Vezot HaBracha (pg 56, chapter 6) </ref>
# Moving from corner to corner in one room isn’t considered a Shinui Makom even if one can’t see from one corner to the other.<Ref>Gemara Pesachim 101b, Rambam Brachot 4:5, Tur and Shulchan Aruch O.C. 178:1, Mishna Brurah 178:9, 23 Vezot HaBracha (pg 56, chapter 6). However, the Ran Pesachim 20a s.v. aval thinks that going from corner to corner could sometimes be a shinui makom. For foods that generally a person doesn't establish where they're going to eat such as wine or fruit going from one place in the room to the other isn't a shinui. However, for mezonot or hamotzei foods even moving from corner to corner is a shinui makom. </ref>
# Moving in an open area outdoors is not considered a Shinui Makom if it’s still possible to see the place from where one started. <Ref>Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6) </ref>
# Moving in an open area outdoors is not considered a Shinui Makom if it’s still possible to see the place from where one started.<Ref>Bet Yosef 178:1 commenting on Rambam Brachot 4:5, Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6) </ref>
# Moving in an enclosed area outdoors (like a fenced in area) is not considered a Shinui Makom even if one can’t see the place from where one started. <Ref>Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6), see there what he quotes in name of Rav Elyashiv regarding an enclosure of an eruv of [[Shabbat]]. </ref>
# Moving in an enclosed area outdoors (like a fenced in area) is not considered a Shinui Makom even if one can’t see the place from where one started. <Ref>Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6), see there what he quotes in name of Rav Elyashiv regarding an enclosure of an eruv of [[Shabbat]]. Bet Yosef 178:1 quotes the Orchot Chaim Brachot 18 who writes that moving from part of an enclosed garden or orchard to another is a shinui makom unless one had intention to move around. Yet, moving from one enclosed garden or orchard to another even with intention it is a shinui makom.</ref>
# If someone goes to the bathroom in the same house it is not a shinuy makom whether one was eating bread or a snack.<ref>Halacha Brurah 178:23 writes that there's no shinuy makom going to the bathroom even in the middle of a snack since it is normal and necessary to go to the bathroom. Even according to those who hold that there is a shinuy makom from room to room there is no shinuy makom going to the bathroom. However, Mishna Brurah (178:26 and Biur Halacha s.v. kgon) holds that it is a shinuy makom when leaving the house to go to the bathroom in he middle of a snack. Piskei Teshuvot 178:20 limit the Mishna Brurah to leaving the house but if it is a room in the house it is not a shinuy makom. Halacha Brurah cites Zichronot Eliyahu Brachot 300:7, Daat Torah 178, Igrot Moshe 5:16:10, Shulchan Aruch Harav 178:8, Chemdat Avraham 3:11, Birkat Yehuda 1:5 unlike his father in Halichot Olam (v. 2 end of Bahalotcha) who holds that going to the bathroom is a shinuy makom. Yalkut Yosef (178, 5764 edition), agreed with his father that it is a shinuy makom since we don't intend to eat in the bathroom since it is forbidden to eat there. Yalkut Yosef (5771 edition, p. 37, 178:26) agrees with Halacha Brurah and writes that his father agreed with him that going to the bathroom is not a shinuy makom if it is within the same house. Also, technically it is permitted to eat there. However, regarding an outhouse he writes (5771 edition, p. 34 178:8) that it is a shinuy makom during a snack.</ref>
 
===Cases that are in doubt and are preferable to avoid===
===Cases that are in doubt and are preferable to avoid===
# In the first place one may not switch from place to place from room to room under one roof (unless one had intention originally or can see from room to room). However, after the fact it is not considered a Shinui Makom.  <Ref> Beiur Halacha 178:1 s.v. Bayit, Vezot HaBracha (pg 56, chapter 6). [See the Beiur Halacha who writes that those who commonly move from room to room have what to rely on.] </ref>
# In the first place one may not switch from place to place from room to room under one roof (unless one had intention originally or can see from room to room). However, after the fact it is not considered a Shinui Makom.  <Ref> Beiur Halacha 178:1 s.v. Bayit, Vezot HaBracha (pg 56, chapter 6). [See the Beiur Halacha who writes that those who commonly move from room to room have what to rely on.] Tosfot Pesachim 101b s.v. elah holds that changing from room to room is a shinuy makom. This is also the opinion of the Rambam Brachot 4:5, Rosh Pesachim 1:6, and Tur 178:1.</ref>
# Moving from an apartment to the stairwell of the [[building]] is a dispute and certainly in the first place one shouldn’t move from an apartment to a stairwell. After the fact, one shouldn’t consider it as a Shinui Makom that would require a new Bracha. <Ref> Vezot HaBracha (pg 56, chapter 6) brings a dispute between Rav Elyashiv and Rav Shlomo Zalman and concludes that one shouldn’t move there while eating, however after the fact one shouldn’t make a new Bracha, yet it’s preferable to leave the [[building]] to require a new Bracha according to all opinions. </ref>
# Moving from an apartment to the stairwell of the [[building]] is a dispute and certainly in the first place one shouldn’t move from an apartment to a stairwell. After the fact, one shouldn’t consider it as a Shinui Makom that would require a new Bracha. <Ref> Vezot HaBracha (pg 56, chapter 6) brings a dispute between Rav Elyashiv and Rav Shlomo Zalman and concludes that one shouldn’t move there while eating, however, after the fact one shouldn’t make a new Bracha, yet it’s preferable to leave the [[building]] to require a new Bracha according to all opinions. </ref>
# Moving from an apartment to the porch which is roofed is considered like moving from room to room and should be avoided but after the fact isn’t a Shinui Makom. However, going to a porch that’s unroofed is a dispute and one should certainly not change places to there, however, after the fact it isn’t considered a Shinui Makom. <Ref>Vezot HaBracha (pg 56-7 chapter 6) </ref>
# Moving from an apartment to the porch which is roofed is considered like moving from room to room and should be avoided but after the fact isn’t a Shinui Makom. However, going to a porch that’s unroofed is a dispute and one should certainly not change places to there, however, after the fact it isn’t considered a Shinui Makom. <Ref>Vezot HaBracha (pg 56-7 chapter 6) </ref>
# Moving to a courtyard or backyard is considered a Shinui Makom unless the courtyard is used frequently just like a room in the house then it’s considered moving from room to room which shouldn’t be done initially but after the fact isn’t a Shinui Makom. <Ref>Vezot HaBracha (pg 57, chapter 6) </ref>  
# Moving to a courtyard or backyard is considered a Shinui Makom unless the courtyard is used frequently just like a room in the house then it’s considered moving from room to room which shouldn’t be done initially but after the fact isn’t a Shinui Makom. <Ref>Vezot HaBracha (pg 57, chapter 6) </ref>  
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# Even if one can see from house to house (or outside), moving there will be a doubtful Shinui and so it should be avoided, however, if one did move there, no Bracha is required. <Ref>Vezot HaBracha (pg 58 #4, chapter 6) </ref>
# Even if one can see from house to house (or outside), moving there will be a doubtful Shinui and so it should be avoided, however, if one did move there, no Bracha is required. <Ref>Vezot HaBracha (pg 58 #4, chapter 6) </ref>
===Having intention to move===
===Having intention to move===
# If before one starts to eat a bread meal one has in mind to move from place to place, according to Ashkenazim, one is initially allowed to move places and say [[Birkat HaMazon]] in the second place.<ref>Mishna Brurah 178:33 and 40 writes that it is permitted even initially to move from one house to another during a meal if one had intent to do so during one began the meal. Shulchan Aruch HaRav 178:5 agrees. See the Aruch Hashulchan 178:8 who cites this approach but recommends only doing so in the case of a mitzvah need.</ref> (This is a common practice by chasidim on Friday nights moving from their meals to the Rebbe's Tisch.)  
# If before one starts to eat a bread meal one has in mind to move from place to place, according to Ashkenazim, one is initially allowed to move places and say [[Birkat HaMazon]] in the second place.<ref>Mishna Brurah 178:33 and 40 writes that it is permitted even initially to move from one house to another during a meal if one had intent to do so during one began the meal. Shulchan Aruch HaRav 178:5 agrees. See the Aruch Hashulchan 178:8 who cites this approach but recommends only doing so in the case of a mitzvah need. Raavad on Rambam Brachot 4:5 establishes that having intention prevents a shinui makom, though it is unclear his scope. Orchot Chaim Brachot 18 cited by Bet Yosef 178:1 limits the Raavad to an enclosed area but not going from one enclosed area to another one.</ref> (This is a common practice by chasidim on Friday nights moving from their meals to the Rebbe's Tisch.)  
# Amongst Sephardim having intent to move houses during a meal is discouraged and even if one has intent to move during the meal one shouldn't do so initially.<ref>[http://ph.yhb.org.il/10-03-11/ Peninei Halacha] cites the Ben Ish Chai (Bahalotcha n. 2) as saying that having intent to move during the meal is sufficient, however, Yalkut Yosef 178:1 argues. </ref> However, even according to Sephardim, if one started one's meal on the doorstep as if he was ready to leave the house, he may move during the meal since he didn't establish a place for his meal.<ref>Or Letzion 2:12:15</ref>
# Amongst Sephardim having intent to move houses during a meal is discouraged and even if one has intent to move during the meal one shouldn't do so initially.<ref>[http://ph.yhb.org.il/10-03-11/ Peninei Halacha] cites the Ben Ish Chai (Bahalotcha n. 2) as saying that having intent to move during the meal is sufficient, however, Yalkut Yosef 178:1 argues. </ref> However, even according to Sephardim, if one started one's meal on the doorstep as if he was ready to leave the house, he may move during the meal since he didn't establish a place for his meal.<ref>Or Letzion 2:12:15</ref>
===Eating on the Go===
===Eating on the Go===
# It is permissible for a person to start eating intending to continue eating as he travels. Then it is permissible to continue to eat as he is changing places and that isn't considered a change in locations since he didn't originally establish a place for his meal.<ref>Shulchan Aruch O.C. 178:4, Magen Avraham 178:11, Mishna Brurah 178:43. </ref>
# It is permissible for a person to start eating intending to continue eating as he travels. Then it is permissible to continue to eat as he is changing places and that isn't considered a change in locations since he didn't originally establish a place for his meal.<ref>Shulchan Aruch O.C. 178:4, Magen Avraham 178:11, Mishna Brurah 178:43. </ref>
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==Which Foods does Shinui Makom apply to?==
==Which Foods does Shinui Makom apply to?==
# If one had a [[Kezayit]] of bread there’s no Shinui Makom whether one leaves that place and returns or if one leaves that place and goes to another place, no new [[Bracha Rishona]] is needed. <ref>Vezot HaBracha (pg 60, chapter 6), Rama 178:2 </ref>
# If one had a [[Kezayit]] of bread there’s no Shinui Makom whether one leaves that place and returns or if one leaves that place and goes to another place, no new [[Bracha Rishona]] is needed. <ref>Rav Chisda in Pesachim 101b, Rama O.C. 178:2, Vezot HaBracha (pg 60, chapter 6). Do we follow Rav Chisda or Rav Sheshet? Tosfot Pesachim 101b s.v. elah rules like Rav Chisda. Rosh Pesachim 1:6 agrees. On the other hand, Rabbenu Chananel 102a rules like Rav Sheshet. Rif Pesachim 20b, Rambam Brachot 4:4 (as per Kesef Mishna there), and Baal Hameor 20b concur with Rabbenu Chananel.</ref> Even by bread, initially, one may not move from house to house unless one had intent to do so from the beginning. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# Even by bread, initially, one may not move from house to house unless one had intent to do so from the beginning. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# If one had less than a [[Kezayit]] of bread, [[Mezonot]], or Shivat HaMinim (grapes, figs, pomegranates, olives, dates) it’s like all other foods and if one changes places a new Bracha would be required. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# If one had less than a [[Kezayit]] of bread, [[Mezonot]], or Shivat HaMinim (grapes, figs, pomegranates, olives, dates) it’s like all other foods and if one changes places a new Bracha would be required. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# Even by bread, initially one may not make a Shinui for an extended period of time because one may forget to return and make Birkat haMazon, however, it’s permissible to make a Shinui for a short time. In order to perform a mitzvah, it’s permissible to leave the area for a long time, however, one should make sure not to forget the [[Bracha Achrona]] within Shuir Ikul. If one is afraid that one will forget, then one should make the [[Bracha Achrona]] before moving to the other place. <ref>Vezot HaBracha (pg 61, chapter 6) </ref>  
# Even by bread, initially one may not make a Shinui for an extended period of time because one may forget to return and make Birkat haMazon, however, it’s permissible to make a Shinui for a short time. In order to perform a mitzvah, it’s permissible to leave the area for a long time, however, one should make sure not to forget the [[Bracha Achrona]] within Shuir Ikul. If one is afraid that one will forget, then one should make the [[Bracha Achrona]] before moving to the other place. <ref>Vezot HaBracha (pg 61, chapter 6) </ref>  
# If one had a [[Kezayit]] of [[Mezonot]] or the other Shivat HaMinim (7 Species of which [[Israel]] is praised), initially one should be careful not to make a Shinui, and if one needs to leave, then one should make a [[Bracha Achrona]] on that which one ate, move places, and then make a new [[Bracha Rishona]]. However, after the fact (that one didn’t make a [[Bracha Achrona]]), no new Bracha is needed. <ref>Vezot HaBracha (pg 59-60, chapter 6) <br />
# If one had a [[Kezayit]] of [[Mezonot]] or the other Shivat HaMinim (7 Species of which [[Israel]] is praised), initially one should be careful not to make a Shinui, and if one needs to leave, then one should make a [[Bracha Achrona]] on that which one ate, move places, and then make a new [[Bracha Rishona]]. However, after the fact (that one didn’t make a [[Bracha Achrona]]), no new Bracha is needed. <ref>Vezot HaBracha (pg 59-60, chapter 6) <br />
S.A 678:5 quotes the Rambam and the Rashbam that all shivat haminim (including Ha’motzi and Mezonot foods) require a bracha achrona in their place. However, the S.A also cites the Rosh that only grain products (both Ha’motzi and Mezonot) require a bracha achrona in their place. The Rama however holds that only bread requires a bracha achrona in its place. The M.B 178:5 quotes achronim who write that one should be stringent even regarding the shivat haminim to return to one’s place to bentch on these foods. However, the M.B also quotes the Gra who holds that only for grain products must one return to his original place. </ref>
Shulchan Aruch O.C. 678:5 quotes the Rambam Brachot 4:1 and the Rashbam Pesachim 101b s.v. aval that all shivat haminim (including Ha’motzi and Mezonot foods) require a bracha achrona in their place. Hagahot Maimoniyot Brachot 4:1 cites Rabbenu Simcha and Rashi who agree. Mordechai Pesachim 101b quotes the Ravyah who concurs. However, the Shulchan Aruch also cites the Rosh that only grain products (both Ha’motzi and Mezonot) require a bracha achrona in their place. Tosfot Pesachim 101b s.v. elah is certain that wine and shivat haminim don't require a bracha in their place and isn't sure about mezonot products. Hagahot Maimoniyot Brachot 4:1 cites that the Rif and Rav Amram Goan hold that only bread requires a bracha in its place. The Rama however holds that only bread requires a bracha achrona in its place. The Mishna Brurah 178:5 quotes achronim who write that one should be stringent even regarding the shivat haminim to return to one’s place to bentch on these foods. However, the Mishna Brurah also quotes the Gra who holds that only for grain products must one return to his original place.</ref>
 
==If one made a Shinui Makom==
==If one made a Shinui Makom==
# The result of a Shinui Makom is only that one must make a new [[Bracha Rishona]] but it does not effect the [[Bracha Achrona]] and so if one ate fruit and then changed places only a new [[Bracha Rishona]] is required. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# The result of a Shinui Makom is only that one must make a new [[Bracha Rishona]] but it does not effect the [[Bracha Achrona]] and so if one ate fruit and then changed places only a new [[Bracha Rishona]] is required.<ref>Tosfot Pesachim 101b s.v. shehen, Rosh Pesachim 10:6, Mordechai Pesachim 101b s.v. kshehen, Tur 178:1, Vezot HaBracha (pg 60, chapter 6). Tosfot explains that only a new bracha rishona is necessary since a shinui makom is like a hesech hadaat, interruption of thought. However, it would not require a bracha achrona as that can be exempted with the bracha achrona after the second eating. Ramban (Milchamot Hashem Pesachim 19b) argues that shinui makom is more significant than a regular hesech hadaat. It is a complete uproot of one's meal and requires a bracha achrona and another bracha rishona when one wants to eat again. Baal Hameor 19b agrees for another reason. He says that you need a bracha achrona before the next bracha rishona because each bracha rishona requires a separate bracha achrona. Since the new meal in the new place is independent with respect to the bracha rishona, so too for bracha achrona it needs a separate bracha achrona. </ref>
 
==When it is permissible initially==
==When it is permissible initially==
# If one is in a situation of Safek [[Brachot]] it’s permissible to make a Shinui Makom and then make a new [[Bracha Rishona]]. <Ref> Sh”t Yachava Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224) </ref>
# If one is in a situation of Safek [[Brachot]] it’s permissible to make a Shinui Makom and then make a new [[Bracha Rishona]]. <Ref> Sh”t Yechave Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224) </ref>


==Sephardim==
==Sephardim==
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# For a Mitzvah (going to daven in a [[minyan]] if there’s no others, going to a funeral) it’s permissible to leave the place without making [[Birkat HaMazon]]. <Ref> Yalkut Yosef ([[Brachot]] pg 216) </ref>
# For a Mitzvah (going to daven in a [[minyan]] if there’s no others, going to a funeral) it’s permissible to leave the place without making [[Birkat HaMazon]]. <Ref> Yalkut Yosef ([[Brachot]] pg 216) </ref>
===Other foods===
===Other foods===
# For foods that have a [[Bracha Achrona]] of [[Boreh Nefashot]] (drinks besides wine, fruit and vegetables besides Shivat HaMinim), one should make a [[Bracha Achrona]] in the place where one ate, however, after the fact (even if one didn’t have in mind to change places) if one goes to another room (even on another floor) no new Bracha is necessary. However, if one leaves the house, a new Bracha is required. <Ref> Yalkut Yosef (vol 3 pg 219, Kitzur S”A 178:9, and 11), Halichot Olam (vol 2 pg 41) </ref>
# For foods that have a [[Bracha Achrona]] of [[Boreh Nefashot]] (drinks besides wine, fruit and vegetables besides Shivat HaMinim), one should make a [[Bracha Achrona]] in the place where one ate, however, after the fact (even if one didn’t have in mind to change places) if one goes to another room (even on another floor) no new Bracha is necessary. However, if one leaves the house, a new Bracha is required.<Ref> Yalkut Yosef (vol 3 pg 219, Kitzur S”A 178:9, and 11), Halichot Olam (vol 2 pg 41) </ref>
# Leaving a room and walking to a separate stairwell room is considered an interruption and another [[Bracha Rishona]] is required, however, walking up stairs that are in the house isn’t an interruption. <Ref> Yalkut Yosef (vol 3 pg 224 and 233, Kitzur S”A 28) </ref>
# Leaving a room and walking to a separate stairwell room is considered an interruption and another [[Bracha Rishona]] is required, however, walking up stairs that are in the house isn’t an interruption.<Ref> Yalkut Yosef (vol 3 pg 224 and 233, Kitzur S”A 28) </ref>
# Leaving to the courtyard is considered an interruption and another [[Bracha Rishona]] would be required. <Ref> Sh”t Yachava Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224) </ref>
# Leaving to the courtyard is considered an interruption and another [[Bracha Rishona]] would be required. <Ref> Sh”t Yechave Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224) </ref>
# If one was eating fruit of the Shivat HaMinim (grapes, figs, pomegranates, olives, dates) or [[Mezonot]] and one left the house no new Bracha is needed, however, if one didn’t eat a [[Kezayit]] of the fruit before leaving then a new Bracha is needed upon leaving the house. However, if one was eating together with others and some remain in the place one began eating and one left and returned, no new Bracha is needed. <Ref> Yalkut Yosef (vol 3 pg 220, Kitzur S”A 178:10), Halichot Olam (vol 2 pg 41) </ref>
# If one was eating fruit of the Shivat HaMinim (grapes, figs, pomegranates, olives, dates) or [[Mezonot]] and one left the house no new Bracha is needed, however, if one didn’t eat a [[Kezayit]] of the fruit before leaving then a new Bracha is needed upon leaving the house. However, if one was eating together with others and some remain in the place one began eating and one left and returned, no new Bracha is needed. <Ref> Yalkut Yosef (vol 3 pg 220, Kitzur S”A 178:10), Halichot Olam (vol 2 pg 41) </ref>
#After the fact if one left one room and went to another room that is not a shinuy makom after the fact and no new bracha is necessary.<ref>Yalkut Yosef 178:1, Halacha Brurah 178:1</ref> Some say that if one has intention to move room to room it is permitted even initially.<ref>Halacha Brurah 178:1, Or Letzion 2:12:15, Vezot Habracha p. 64. Yalkut Yosef 178 fnt. 8 implies that there's what to rely upon to follow the Ben Ish Chai (Bahalotcha 4) who allows having intention to move room to room. Otzrot Yosef 9:4 brings a proof from Shulchan Aruch O.C. 273:1 that he accepts having intention to move from room to room like Rama 178:1. However, Gra on 178:3 notes that it seems to be a dispute between the Rambam and Raavad and the Shulchan Aruch 178:2 follows the Rambam.</ref>
===Eating on the walk===
===Eating on the walk===
# If one eats on the walk or had intent to eat on the way, whether it’s bread, [[Mezonot]], or fruit, one doesn’t need a new Bracha even if one makes a Shinui Makom. <Ref>Yalkut Yosef (vol 3 pg 220-2) </ref>For example, if one made a [[Shehakol]] on gum in the house and then walks out of the house, and even if one has more gum a new [[Shehakol]] isn’t necessary as long as one had intent originally to eat on the walk. <Ref>Yalkut Yosef (vol 3 pg 223) </ref>
# If one eats on the walk or had intent to eat on the way, whether it’s bread, [[Mezonot]], or fruit, one doesn’t need a new Bracha even if one makes a Shinui Makom. <Ref>Yalkut Yosef (vol 3 pg 220-2) </ref>For example, if one made a [[Shehakol]] on gum in the house and then walks out of the house, and even if one has more gum a new [[Shehakol]] isn’t necessary as long as one had intent originally to eat on the walk. <Ref>Yalkut Yosef (vol 3 pg 223) </ref>

Latest revision as of 00:49, 10 June 2021

Shinui Makom is a technical term for changing one's place when one is eating. If a complete shinui is effected, then it is considered like one interrupted one's eating and one is required to make a new bracha in order to continue eating. The details of which changes are considered a shinui and the exceptions are explained below.

Which changes are considered a Shinui Makom?

Cases of Shinui Makom

  1. Leaving a house or going from one house to another is considered a Shinui Makom. Therefore, if one ate something in one house, one should make a new Bracha Rishona if one eats another time in the second house or even if one returned back to the first house. Even if one only left for a second it’s considered a Shinui. [1] When exiting a house, even if one only goes through the opening of the door and comes back in, this is considered a shinui makom.[2]
  2. Moving from one apartment with one owner to another apartment of another owner is considered a Shinui Makom even if they are both in one building. [3]
  3. Moving in an open area outdoors is considered a Shinui Makom if now it’s impossible to see the place from where one started, whether it’s because of distance or because of an interruption. [4]
  4. Moving from a car to an enclosed area outdoor or house or vise versa is considered a Shinui Makom. [5]
  5. Moving from a Sukkah to the house, if the Sukkah is not connected to the house, then it is considered like moving from one house to another and is a shinui makom. However, if it is connected to the house then it's like going from one room to another and isn't a shinui makom. [6] According to Sephardim, one may move between the Sukkah and the kitchen in order to get food and it is not considered a shinui makom. [7]

Cases that are not Shinui Makom

  1. Moving from corner to corner in one room isn’t considered a Shinui Makom even if one can’t see from one corner to the other.[8]
  2. Moving in an open area outdoors is not considered a Shinui Makom if it’s still possible to see the place from where one started.[9]
  3. Moving in an enclosed area outdoors (like a fenced in area) is not considered a Shinui Makom even if one can’t see the place from where one started. [10]
  4. If someone goes to the bathroom in the same house it is not a shinuy makom whether one was eating bread or a snack.[11]

Cases that are in doubt and are preferable to avoid

  1. In the first place one may not switch from place to place from room to room under one roof (unless one had intention originally or can see from room to room). However, after the fact it is not considered a Shinui Makom. [12]
  2. Moving from an apartment to the stairwell of the building is a dispute and certainly in the first place one shouldn’t move from an apartment to a stairwell. After the fact, one shouldn’t consider it as a Shinui Makom that would require a new Bracha. [13]
  3. Moving from an apartment to the porch which is roofed is considered like moving from room to room and should be avoided but after the fact isn’t a Shinui Makom. However, going to a porch that’s unroofed is a dispute and one should certainly not change places to there, however, after the fact it isn’t considered a Shinui Makom. [14]
  4. Moving to a courtyard or backyard is considered a Shinui Makom unless the courtyard is used frequently just like a room in the house then it’s considered moving from room to room which shouldn’t be done initially but after the fact isn’t a Shinui Makom. [15]
  5. Moving from standing under one tree to standing under another tree is a dispute and should be avoided, however, after the fact, it’s not a Shinui Makom. [16]
  6. Moving from a car to an open area outdoor or vise versa is a doubt and should be avoided, however, after the fact, it’s not considered a Shinui Makom. [17]
  7. Moving from a Sukkah to the house if the Sukkah is connected to the house is a doubt and should be avoided, however, after the fact, it’s not considered a Shinui Makom. [18]

Particular circumstances that permit changing places

Seeing from one place to another

  1. If one can see from the room in which started eating to the room one wants to move, even in the first place, it’s permissible to move. [19] Some say that one must see the area (within 4 amot) in the room where one ate, however, many hold even if one can only see a part of the room it’s considered as seeing the original place. [20]
  2. Even if one can see from house to house (or outside), moving there will be a doubtful Shinui and so it should be avoided, however, if one did move there, no Bracha is required. [21]

Having intention to move

  1. If before one starts to eat a bread meal one has in mind to move from place to place, according to Ashkenazim, one is initially allowed to move places and say Birkat HaMazon in the second place.[22] (This is a common practice by chasidim on Friday nights moving from their meals to the Rebbe's Tisch.)
  2. Amongst Sephardim having intent to move houses during a meal is discouraged and even if one has intent to move during the meal one shouldn't do so initially.[23] However, even according to Sephardim, if one started one's meal on the doorstep as if he was ready to leave the house, he may move during the meal since he didn't establish a place for his meal.[24]

Eating on the Go

  1. It is permissible for a person to start eating intending to continue eating as he travels. Then it is permissible to continue to eat as he is changing places and that isn't considered a change in locations since he didn't originally establish a place for his meal.[25]

If one left friends

  1. If one ate together with friends (any food or drink) in the place where one ate (assuming they are eating together unlike a restaurant where everyone is separate) when one returns no new Bracha Rishona is needed. [26]
  2. Even one person and even a child suffice for this purpose. [27]

Eating on the walk

  1. If one eats on the walk or if one is about to leave the house and one plans on eating while walking one doesn’t need a new Bracha even if one walks into a house and continues eating there. [28]
  2. If one began eating in the car and one can continue outside the car without a new Bracha because it’s considered eating on the walk. [29]

Eating Continuously

  1. If one ate continuously even if one didn’t have in mind to change places, one doesn’t need a new Bracha upon changing places. For example, if one left the house with a candy in his mouth no new Bracha is needed. [30]
  2. Additionally, if one ate within interruption such as if one ate chips without an break of Toch Kedi Dibbur (2-3 sec), however, in this case if one changed places (left the house) it’s preferable to make an interruption and make a new Bracha. [31]

Which Foods does Shinui Makom apply to?

  1. If one had a Kezayit of bread there’s no Shinui Makom whether one leaves that place and returns or if one leaves that place and goes to another place, no new Bracha Rishona is needed. [32] Even by bread, initially, one may not move from house to house unless one had intent to do so from the beginning. [33]
  2. If one had less than a Kezayit of bread, Mezonot, or Shivat HaMinim (grapes, figs, pomegranates, olives, dates) it’s like all other foods and if one changes places a new Bracha would be required. [34]
  3. Even by bread, initially one may not make a Shinui for an extended period of time because one may forget to return and make Birkat haMazon, however, it’s permissible to make a Shinui for a short time. In order to perform a mitzvah, it’s permissible to leave the area for a long time, however, one should make sure not to forget the Bracha Achrona within Shuir Ikul. If one is afraid that one will forget, then one should make the Bracha Achrona before moving to the other place. [35]
  4. If one had a Kezayit of Mezonot or the other Shivat HaMinim (7 Species of which Israel is praised), initially one should be careful not to make a Shinui, and if one needs to leave, then one should make a Bracha Achrona on that which one ate, move places, and then make a new Bracha Rishona. However, after the fact (that one didn’t make a Bracha Achrona), no new Bracha is needed. [36]

If one made a Shinui Makom

  1. The result of a Shinui Makom is only that one must make a new Bracha Rishona but it does not effect the Bracha Achrona and so if one ate fruit and then changed places only a new Bracha Rishona is required.[37]

When it is permissible initially

  1. If one is in a situation of Safek Brachot it’s permissible to make a Shinui Makom and then make a new Bracha Rishona. [38]

Sephardim

Bread Meal

  1. Someone eating a meal, preferably, one should make sure not to change one’s place even to another room, even if one leaves friends there, even if one intended originally to move places, and even if one plans on returning. [39]
  2. If one needs to leave one should make a Birkat HaMazon and then when one returns to make a new Bracha. After the fact, if one left and didn’t make Birkat HaMazon, when one returns one should continue eating without a new Bracha. [40]
  3. It’s permissible to leave the meal to go to the kitchen to get food. [41]
  4. it’s permissible to leave the Sukkah to get food from the house. [42]
  5. For a Mitzvah (going to daven in a minyan if there’s no others, going to a funeral) it’s permissible to leave the place without making Birkat HaMazon. [43]

Other foods

  1. For foods that have a Bracha Achrona of Boreh Nefashot (drinks besides wine, fruit and vegetables besides Shivat HaMinim), one should make a Bracha Achrona in the place where one ate, however, after the fact (even if one didn’t have in mind to change places) if one goes to another room (even on another floor) no new Bracha is necessary. However, if one leaves the house, a new Bracha is required.[44]
  2. Leaving a room and walking to a separate stairwell room is considered an interruption and another Bracha Rishona is required, however, walking up stairs that are in the house isn’t an interruption.[45]
  3. Leaving to the courtyard is considered an interruption and another Bracha Rishona would be required. [46]
  4. If one was eating fruit of the Shivat HaMinim (grapes, figs, pomegranates, olives, dates) or Mezonot and one left the house no new Bracha is needed, however, if one didn’t eat a Kezayit of the fruit before leaving then a new Bracha is needed upon leaving the house. However, if one was eating together with others and some remain in the place one began eating and one left and returned, no new Bracha is needed. [47]
  5. After the fact if one left one room and went to another room that is not a shinuy makom after the fact and no new bracha is necessary.[48] Some say that if one has intention to move room to room it is permitted even initially.[49]

Eating on the walk

  1. If one eats on the walk or had intent to eat on the way, whether it’s bread, Mezonot, or fruit, one doesn’t need a new Bracha even if one makes a Shinui Makom. [50]For example, if one made a Shehakol on gum in the house and then walks out of the house, and even if one has more gum a new Shehakol isn’t necessary as long as one had intent originally to eat on the walk. [51]

Bracha Achrona

  1. If one at first ate less than a Kezayit, subsequently made a Shinui Makom, and upon returning completed the Kezayit, everything combines for a Bracha Achrona as long as it’s within Shuir Kedi Achlilat Pras. [52]
  2. If one started a meal in one area and then ate somewhere else one may make Birkat HaMazon in that second place. [53]
  3. If one ate in one place and then intentionally left that place to make Birkat HaMazon one must return to the first place in order to make Birkat HaMazon, however, if one left the first place unintentionally one isn’t obligated to return, yet one who does shall be blessed. [54]

Links

Sources

  1. ↑ Vezot HaBracha (pg 56, chapter 6)
  2. ↑ S.A 178:1
  3. ↑ Vezot HaBracha (pg 56, chapter 6) in name of Rav Elyashiv, Rav Shlomo Zalman Auerbach, and Rav Sheinburg
  4. ↑ Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6)
  5. ↑ Vezot HaBracha (pg 58, chapter 6)
  6. ↑ Vezot HaBracha (pg 58, chapter 6)
  7. ↑ Yalkut Yosef (Brachot pg 215)
  8. ↑ Gemara Pesachim 101b, Rambam Brachot 4:5, Tur and Shulchan Aruch O.C. 178:1, Mishna Brurah 178:9, 23 Vezot HaBracha (pg 56, chapter 6). However, the Ran Pesachim 20a s.v. aval thinks that going from corner to corner could sometimes be a shinui makom. For foods that generally a person doesn't establish where they're going to eat such as wine or fruit going from one place in the room to the other isn't a shinui. However, for mezonot or hamotzei foods even moving from corner to corner is a shinui makom.
  9. ↑ Bet Yosef 178:1 commenting on Rambam Brachot 4:5, Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6)
  10. ↑ Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6), see there what he quotes in name of Rav Elyashiv regarding an enclosure of an eruv of Shabbat. Bet Yosef 178:1 quotes the Orchot Chaim Brachot 18 who writes that moving from part of an enclosed garden or orchard to another is a shinui makom unless one had intention to move around. Yet, moving from one enclosed garden or orchard to another even with intention it is a shinui makom.
  11. ↑ Halacha Brurah 178:23 writes that there's no shinuy makom going to the bathroom even in the middle of a snack since it is normal and necessary to go to the bathroom. Even according to those who hold that there is a shinuy makom from room to room there is no shinuy makom going to the bathroom. However, Mishna Brurah (178:26 and Biur Halacha s.v. kgon) holds that it is a shinuy makom when leaving the house to go to the bathroom in he middle of a snack. Piskei Teshuvot 178:20 limit the Mishna Brurah to leaving the house but if it is a room in the house it is not a shinuy makom. Halacha Brurah cites Zichronot Eliyahu Brachot 300:7, Daat Torah 178, Igrot Moshe 5:16:10, Shulchan Aruch Harav 178:8, Chemdat Avraham 3:11, Birkat Yehuda 1:5 unlike his father in Halichot Olam (v. 2 end of Bahalotcha) who holds that going to the bathroom is a shinuy makom. Yalkut Yosef (178, 5764 edition), agreed with his father that it is a shinuy makom since we don't intend to eat in the bathroom since it is forbidden to eat there. Yalkut Yosef (5771 edition, p. 37, 178:26) agrees with Halacha Brurah and writes that his father agreed with him that going to the bathroom is not a shinuy makom if it is within the same house. Also, technically it is permitted to eat there. However, regarding an outhouse he writes (5771 edition, p. 34 178:8) that it is a shinuy makom during a snack.
  12. ↑ Beiur Halacha 178:1 s.v. Bayit, Vezot HaBracha (pg 56, chapter 6). [See the Beiur Halacha who writes that those who commonly move from room to room have what to rely on.] Tosfot Pesachim 101b s.v. elah holds that changing from room to room is a shinuy makom. This is also the opinion of the Rambam Brachot 4:5, Rosh Pesachim 1:6, and Tur 178:1.
  13. ↑ Vezot HaBracha (pg 56, chapter 6) brings a dispute between Rav Elyashiv and Rav Shlomo Zalman and concludes that one shouldn’t move there while eating, however, after the fact one shouldn’t make a new Bracha, yet it’s preferable to leave the building to require a new Bracha according to all opinions.
  14. ↑ Vezot HaBracha (pg 56-7 chapter 6)
  15. ↑ Vezot HaBracha (pg 57, chapter 6)
  16. ↑ S”A 178:3, Vezot HaBracha (pg 57, chapter 6)
  17. ↑ Vezot HaBracha (pg 57, chapter 6)
  18. ↑ Vezot HaBracha (pg 58, chapter 6)
  19. ↑ Mishna Brurah 178:12, Vezot HaBracha (pg 58, chapter 6)
  20. ↑ Vezot HaBracha (pg 58, chapter 6)
  21. ↑ Vezot HaBracha (pg 58 #4, chapter 6)
  22. ↑ Mishna Brurah 178:33 and 40 writes that it is permitted even initially to move from one house to another during a meal if one had intent to do so during one began the meal. Shulchan Aruch HaRav 178:5 agrees. See the Aruch Hashulchan 178:8 who cites this approach but recommends only doing so in the case of a mitzvah need. Raavad on Rambam Brachot 4:5 establishes that having intention prevents a shinui makom, though it is unclear his scope. Orchot Chaim Brachot 18 cited by Bet Yosef 178:1 limits the Raavad to an enclosed area but not going from one enclosed area to another one.
  23. ↑ Peninei Halacha cites the Ben Ish Chai (Bahalotcha n. 2) as saying that having intent to move during the meal is sufficient, however, Yalkut Yosef 178:1 argues.
  24. ↑ Or Letzion 2:12:15
  25. ↑ Shulchan Aruch O.C. 178:4, Magen Avraham 178:11, Mishna Brurah 178:43.
  26. ↑ Shulchan Aruch O.C. 178:2 and Rama there. The Magen Avraham 178:3 writes that whether the food is bread or simply fruits, leaving friends behind is enough to prevent a change in locations. Mishna Brurah 178:14,18,27 agrees. Kaf HaChaim 178:16 points out that the Bet Yosef, Bach, and Taz disagree with this Magen Avraham and holds that the idea of leaving friends behind only works for bread, yet he says that the agreement of the poskim is like the Magen Avraham. See Igrot Moshe 5:16:10 who suggests several other cases in which it is obvious that a person will return such as if he left his coat there that leaving isn't considered a location change.
  27. ↑ Mishna Brurah 178:14, Vezot HaBracha (pg 61) in name of Rav Sheinburg
  28. ↑ S”A 178:4, Vezot HaBracha (pg 62, chapter 5). Kaf HaChaim 178:15 writes that even if one established a place of eating but one takes the food along in order to eat it on the way one doesn't need to make another bracha.
  29. ↑ Vezot HaBracha (pg 62, chapter 5)
  30. ↑ Sh”t Igrot Moshe OC 2:57, Vezot HaBracha (pg 62, chapter 6)
  31. ↑ Sh”t Igrot Moshe OC 2:57, Vezot HaBracha (pg 62, chapter 6)
  32. ↑ Rav Chisda in Pesachim 101b, Rama O.C. 178:2, Vezot HaBracha (pg 60, chapter 6). Do we follow Rav Chisda or Rav Sheshet? Tosfot Pesachim 101b s.v. elah rules like Rav Chisda. Rosh Pesachim 1:6 agrees. On the other hand, Rabbenu Chananel 102a rules like Rav Sheshet. Rif Pesachim 20b, Rambam Brachot 4:4 (as per Kesef Mishna there), and Baal Hameor 20b concur with Rabbenu Chananel.
  33. ↑ Vezot HaBracha (pg 60, chapter 6)
  34. ↑ Vezot HaBracha (pg 60, chapter 6)
  35. ↑ Vezot HaBracha (pg 61, chapter 6)
  36. ↑ Vezot HaBracha (pg 59-60, chapter 6)
    Shulchan Aruch O.C. 678:5 quotes the Rambam Brachot 4:1 and the Rashbam Pesachim 101b s.v. aval that all shivat haminim (including Ha’motzi and Mezonot foods) require a bracha achrona in their place. Hagahot Maimoniyot Brachot 4:1 cites Rabbenu Simcha and Rashi who agree. Mordechai Pesachim 101b quotes the Ravyah who concurs. However, the Shulchan Aruch also cites the Rosh that only grain products (both Ha’motzi and Mezonot) require a bracha achrona in their place. Tosfot Pesachim 101b s.v. elah is certain that wine and shivat haminim don't require a bracha in their place and isn't sure about mezonot products. Hagahot Maimoniyot Brachot 4:1 cites that the Rif and Rav Amram Goan hold that only bread requires a bracha in its place. The Rama however holds that only bread requires a bracha achrona in its place. The Mishna Brurah 178:5 quotes achronim who write that one should be stringent even regarding the shivat haminim to return to one’s place to bentch on these foods. However, the Mishna Brurah also quotes the Gra who holds that only for grain products must one return to his original place.
  37. ↑ Tosfot Pesachim 101b s.v. shehen, Rosh Pesachim 10:6, Mordechai Pesachim 101b s.v. kshehen, Tur 178:1, Vezot HaBracha (pg 60, chapter 6). Tosfot explains that only a new bracha rishona is necessary since a shinui makom is like a hesech hadaat, interruption of thought. However, it would not require a bracha achrona as that can be exempted with the bracha achrona after the second eating. Ramban (Milchamot Hashem Pesachim 19b) argues that shinui makom is more significant than a regular hesech hadaat. It is a complete uproot of one's meal and requires a bracha achrona and another bracha rishona when one wants to eat again. Baal Hameor 19b agrees for another reason. He says that you need a bracha achrona before the next bracha rishona because each bracha rishona requires a separate bracha achrona. Since the new meal in the new place is independent with respect to the bracha rishona, so too for bracha achrona it needs a separate bracha achrona.
  38. ↑ Sh”t Yechave Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224)
  39. ↑ Yalkut Yosef (S”A Kitzur S”A 178:1)
  40. ↑ Yalkut Yosef (Brachot pg 209, 218)
  41. ↑ Yalkut Yosef (Brachot pg 215)
  42. ↑ Yalkut Yosef (Brachot pg 215)
  43. ↑ Yalkut Yosef (Brachot pg 216)
  44. ↑ Yalkut Yosef (vol 3 pg 219, Kitzur S”A 178:9, and 11), Halichot Olam (vol 2 pg 41)
  45. ↑ Yalkut Yosef (vol 3 pg 224 and 233, Kitzur S”A 28)
  46. ↑ Sh”t Yechave Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224)
  47. ↑ Yalkut Yosef (vol 3 pg 220, Kitzur S”A 178:10), Halichot Olam (vol 2 pg 41)
  48. ↑ Yalkut Yosef 178:1, Halacha Brurah 178:1
  49. ↑ Halacha Brurah 178:1, Or Letzion 2:12:15, Vezot Habracha p. 64. Yalkut Yosef 178 fnt. 8 implies that there's what to rely upon to follow the Ben Ish Chai (Bahalotcha 4) who allows having intention to move room to room. Otzrot Yosef 9:4 brings a proof from Shulchan Aruch O.C. 273:1 that he accepts having intention to move from room to room like Rama 178:1. However, Gra on 178:3 notes that it seems to be a dispute between the Rambam and Raavad and the Shulchan Aruch 178:2 follows the Rambam.
  50. ↑ Yalkut Yosef (vol 3 pg 220-2)
  51. ↑ Yalkut Yosef (vol 3 pg 223)
  52. ↑ Halichot Olam (vol 2 pg 41)
  53. ↑ Halichot Olam (vol 2, pg 41), Yalkut Yosef (vol 3 pg 218)
  54. ↑ Halichot Olam (vol 2, pg 41), Yalkut Yosef (vol 3 pg 218)
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