Opening Bottles, Cans, and Packages: Difference between revisions
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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> | 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> | ||
==Preferable option== | ==Preferable option== | ||
# To avoid all forbidden activities with opening bottles and cans on [[Shabbat]], it's preferable to open the bottles and cans before [[Shabbat]]. < | |||
#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> | |||
==Background== | ==Background== | ||
# 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) | |||
* '''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/> | #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) | ||
* '''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/> | |||
* '''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/> | *'''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 /> | ||
* '''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/> | *'''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 /> | ||
* 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 | *'''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 initially.<br /></ref> | |||
#It is permitted to cut off the top of a barrel if the top of the barrel is a separate piece from the barrel itself.<ref>Mishna (Shabbat 146a) establishes that it is permitted to cut off the top of a barrel to access the wine on Shabbat. Shulchan Aruch O.C. 314:6 codifies this mishna. The Magen Avraham 314:7 explains that according to Tosfot that there is binyan v'stira b'kelim it is dealing with a barrel that was refurbished, with broken pieces stuck together. However, the Tur permits cutting off the lid even if it is a solid barrel since it is a separate piece from the barrel and not considered one unit with the barrel. Mishna Brurah 314:23 agrees.</ref> | |||
==Opening a bag or container on Shabbat== | ==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. < | #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> | ||
# 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. < | #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's permissible to rip open a miniature pack of sugar which is thrown out right after it's opened. < | #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> If one intends to reuse a snack bag then opening it is forbidden. <ref> Hazon Ovadia, Volume 5, Page 375 </ref> | |||
==Packages stapled close== | ==Packages stapled close== | ||
# It’s permitted to remove the staples from a container stapled shut. < | |||
#It’s permitted to remove the staples from a container stapled shut. <ref>Shemirat Shabbat KeHilchata 9:9 </ref> | |||
==Cardboard boxes== | ==Cardboard boxes== | ||
# 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). < | |||
#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> | |||
==Twistees== | ==Twistees== | ||
# 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> | |||
#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> | |||
==Packages tied close== | ==Packages tied close== | ||
# 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. < | |||
#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> | |||
==Ripping letter or pictures== | ==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. < | |||
* 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> | #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== | ==Closing bags== | ||
# One may not close a bag with a metal or plastic twister. < | |||
==Bottle | #One may not close a bag with a metal or plastic twister. <ref>Shemirat Shabbat KeHilchata 9:13 </ref> | ||
# 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 | |||
==Bottle Caps== | |||
===Metal Caps=== | |||
* ( | |||
#Many 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 usable 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).] | |||
*Dor Hamelaktim quotes many poskim who were strict and forbade opening a metal twist cap on Shabbat including: Rivevot Efraim 3:267 s.v. heneh quoting Rav Moshe Feinstein (see Dor Hamelaktim for other accounts of Rav Moshe), Emet Lyakov n. 357, Betzel Hachachma (Shomer Shabbat Kdaat p. 5), Minchat Yitzchak (Likutei Teshuvot 35), Bear Moshe (Shomer Shabbat Kdaat p. 10), Az Nidbaru 3:28:3, Rav Elyashiv (Shalmei Yehuda 6:42, Shvut Yitzchak 13:190), Rav Sheinberg (Am Mekadeshei Sheviyit 2:2:34), Shevet Halevi (Kovetz Mbet Levi 1:59), Rivevot Efraim (Shomer Shabbat Kdaat p. 7), Shulchan Halevi 7:8, Chut Shani 2:37:3, Minchat Asher 1:28, and Orchot Shabbat 12:17.</ref> | |||
#Some Ashkenazic poskim and Sephardic poskim hold it is 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) | |||
*Dor Hamelaktim v. 4 p. 2100 quotes many who are lenient even with opening metal caps including: Even Yisrael v. 2 Hilchot Shechita, Or letzion 2:27:8, Tzitz Eliezer 14:45, Lehorot Natan 7:21, 8:19, Dvar Yehoshua 2:45, Divrei Yatziv OC 171, Mishna Halachot 7:47, and Yabia Omer 9:108:158.</ref> | |||
===Plastic Caps=== | |||
#Even among those who are strict, many permit opening a bottle with a plastic bottle cap because it had the form of a cap before it was ever attached and therefore separating the ring doesn't create a new utensil.<ref>Shemirat Shabbat KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6), and 39 Melachos (Rabbi Ribiat, vol 3, pg 841). 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 Auerbach 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. See [https://www.koltorah.org/halachah/fashioning-openings-to-utensils-on-shabbat-by-rabbi-chaim-jachter Rabbi Jachter] about plastic bottle caps. | |||
* Dor Hamelaktim v. 4 p. 2102 quotes Rav Dovid Feinstein and Rav Yisrael Belsky (cited in Halacha Brurah 17 fnt. 38) in the name of Rav Moshe saying that it is forbidden even for plastic bottle caps.</ref> | |||
#Some poskim are strict even with plastic caps.<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 in Am Mekadeshei Sheviyi 2:37) says that even by plastic there is an issue of metakein kli. </ref> | |||
===Shabbos Bottle Opener=== | |||
[[File:Shabbos bottle opener.jpg|150px|right]] | |||
#The Shabbos Bottle Opener made by Kosher Innovations stretches the cap and doesn't break off the ring of the cap. Many poskim allow using it on Shabbat.<ref>Dor Hamelaktim v. 4 p. 2104 quotes many poskim who permit stretching a bottle cap so that it comes off without becausing the ring attached to it. These poskim include: Rav Elyashiv (Meor Hashabbat 2:551, Ashrei Haish 2:31:3), Chut Shani (Am Mekadeshei Sheviyi 2:2:42), and Pitchei Teshuvot 314:6:73. [https://www.yutorah.org/sidebar/lecture.cfm/919970/rabbi-aryeh-lebowitz/from-the-rabbi-s-desk-kosher-bottle-opener-dressing-like-a-priest/ Rabbi Aryeh Lebowitz (From the Rabbi's Desk)] explains the entire issue about using this Kosher Bottle Opener. Many poskim hold that opening bottle caps normally is permitted and would also accept this but think it is unnecessary except that it is a stringency. He quoted Rav Belsky thinking that it is necessary and solves the issue. Rav Hershel Schachter thinks it is forbidden to open bottles and even with this product it is still forbidden as there is an issue of Mesaken Maneh on the bottle not the cap. It is similar to breaking a tight seal that Rav Moshe forbids opening a milk carton. Then he asked Rav Schachter again and he wasn't sure that it is a problem.</ref> | |||
===Asking Someone Else to Do It for You=== | |||
#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> | |||
===Beer Bottles=== | |||
#Many hold that it is permissible to open a beer bottle by removing the cap, while some forbid it.<ref>Shemirat Shabbat Kehilchata 9:21. Dor Hamelaktim v. 4 p. 2105 quotes many poskim who permit opening a beer bottle on Shabbat. The Chazon Ish OC 51:11 s.v. vlhasir writes that since the cap wasn't made as a unit with the bottle opening the bottle doesn't involve any construction or destruction of the bottle or cap. Even though the cap is no longer usable since it was only made for one time use it is permitted to open it and make it unusable. Also, while it is on the bottle it isn't a utensil that can be reused; it is merely a seal that is meant to be broken. Agreeing with the Chazon Ish he cites Chut Shani 2:37:3, Orchot Shabbat 12:16, and Mechzeh Eliyahu Piya Pitcha Bchachma 1:7:3-4.</ref> | |||
==Plastic protective seal== | ==Plastic protective seal== | ||
[[File: | [[File:Yogurt container.jpg|200px|right]] | ||
# 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> | |||
[[File: | #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> | ||
[[File:Peanut butter container.jpg|150px|left]] | |||
==Metal Can== | ==Metal Can== | ||
[[File:Soda can.jpg|250px|right]] | [[File:Soda can.jpg|250px|right]] | ||
==Milk | #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: | ||
# 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> | |||
==Juice | *The Tehillah Ldovid 314:12 thinks it is [[soter]] to open a can since it is a bona fide kli. | ||
# 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> | *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. | ||
*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. | |||
*Rav Tzvi Pesach Frank (Tel Harim Makeh Bpatish 3) forbids opening a metal can. Dor Hamelaktim v. 4 p. 2115 quotes many who forbid opening soda cans including Rav Moshe Feinstein (Haarot Bhalacha 2:45), Rav Yaakov Kamenetsky (Haarot Bhlacha 2:45), Rav Sheinberg (Haarot Bhalacha 2:45), Rav Elyashiv (Orchot Shabbat 11:61, Ashrei Haish 2:31:14), Rav Wosner (Kovetz Mbet Levi v. 6 p. 45), Chut Shani v. 2 p. 274, Shulchan Halevi 8:8, Rav Nevinsal responsa 293:130, and Megilat Sefer 14:4. They also cite Rav Shlomo Zalman (Minchat Shlomo 2:12) and Even Yisrael (Pitchei Halacha 2:45) as lenient.</ref> | |||
#Sepharadim may open cans as long as it is meant for one-time use.<ref> Chazon Ovadia, Volume 5, Page 375 </ref> | |||
==Milk Carton== | |||
#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> | |||
==Juice Box== | |||
[[File:Juice boxes.jpg|175px|right]] | |||
#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> | |||
==Juice Carton== | ==Juice Carton== | ||
# 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> | [[File:Orange juice carton.jpg|right|150px]] | ||
#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> | |||
==Jars or Bottles== | |||
[[Image:Snapple.png|100px|left]] | |||
#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> | |||
==Corks== | |||
#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> | |||
# | |||
==After the fact== | ==After the fact== | ||
# If one opened a can, bag, bottle or other container in a prohibited way, one may still eat the food on [[Shabbat]]. < | |||
# 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> | #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> | ||
#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> | |||
==Non-Food Packages and Envelopes== | ==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 | |||
# 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.< | #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. Dor Hamelaktim v. 6 p. 3765 quotes some who are lenient to rip open an envelope on Shabbos in a destructive manner (Brit Olam Koreah 7, Even Yisrael 7:16), but most are strict (Biur Halacha 340:13, Mechzeh Eliyahu 70:16).</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> | |||
# Some poskim permit opening non-food packages in a destructive manner so that the package is ruined if there is there is a need for it on Shabbat.<Ref>Machzeh Eliyahu 70:16</ref> For example, opening a napkin package is permitted. It is preferable not to open a magazine package on Shabbat unless it would disturb one's oneg Shabbat greatly.<ref>[http://www.cckollel.org/parsha_encounters/5769/shelach_69.pdf Rabbi Neihaus]</ref> | |||
==Related Pages== | ==Related Pages== | ||
# [[Koreah]] (Tearing) | |||
# [[Opening and Reading Mail on Shabbat]] | #[[Koreah]] (Tearing) | ||
#[[Opening and Reading Mail on Shabbat]] | |||
==Links== | ==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://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://koltorah.org/ravj/OpeningCansonShabbat.htm Kol Torah] by Rabbi Chaim Jachter | *[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]] | ||
{{Shabbat Table}} |
Latest revision as of 16:54, 13 July 2023
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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. [1]
Preferable option
Background
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. [5]
- 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. [6]
- 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. [7]
- 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. [8]
Single Serving Packages
- It's permissible to rip open a miniature pack of sugar which is thrown out right after it's opened. [9] 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. [10] If one intends to reuse a snack bag then opening it is forbidden. [11]
Packages stapled close
- It’s permitted to remove the staples from a container stapled shut. [12]
Cardboard boxes
- 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). [13]
Twistees
Packages tied close
- 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. [17]
Ripping letter or pictures
Closing bags
- One may not close a bag with a metal or plastic twister. [19]
Bottle Caps
Metal Caps
- Many 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 usable 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.[20]
- Some Ashkenazic poskim and Sephardic poskim hold it is permissible to open bottles with metal or plastic caps but add that one who is strict to open them before Shabbat will be blessed.[21]
Plastic Caps
- Even among those who are strict, many permit opening a bottle with a plastic bottle cap because it had the form of a cap before it was ever attached and therefore separating the ring doesn't create a new utensil.[22]
- Some poskim are strict even with plastic caps.[23]
Shabbos Bottle Opener
- The Shabbos Bottle Opener made by Kosher Innovations stretches the cap and doesn't break off the ring of the cap. Many poskim allow using it on Shabbat.[24]
Asking Someone Else to Do It for You
- 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. [25] 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.[26]
Beer Bottles
- Many hold that it is permissible to open a beer bottle by removing the cap, while some forbid it.[27]
Plastic protective seal
- 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. [28]
Metal Can
Milk Carton
Juice Box
Juice Carton
- 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.[35]
Jars or Bottles
- It’s permissible to puncture the lid of a vacuum sealed jar in order to open a jar.[36]
Corks
- It is permitted to open a wine bottle with a cork using a corkscrew on Shabbat.[37]
After the fact
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.[40]
- Some say that if one rips open the envelope package in a destructive fashion it is permitted.[41] 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.[42]
- Some poskim permit opening non-food packages in a destructive manner so that the package is ruined if there is there is a need for it on Shabbat.[43] For example, opening a napkin package is permitted. It is preferable not to open a magazine package on Shabbat unless it would disturb one's oneg Shabbat greatly.[44]
Related Pages
- Koreah (Tearing)
- Opening and Reading Mail on Shabbat
Links
- Rabbi Zvi Sobolofsky
- Weekly Halacha by Rav Doniel Neustadt
- Kol Torah by Rabbi Chaim Jachter
Sources
- ↑ Shemirat Shabbat KeHilchata 9:22 (See also Sh"t Igrot Moshe 1:122)
- ↑ Shemirat Shabbat KeHilchata 9:1, Shabbos Kitchen (Rabbi Simcha Bunim Cohen, pg 184)
- ↑ 39 Melachos (Rabbi Ribiat, vol 3, pg 831-2)
- 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.
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. - 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.
- 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.
- 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.
- 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 initially.
- 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.
- ↑ Mishna (Shabbat 146a) establishes that it is permitted to cut off the top of a barrel to access the wine on Shabbat. Shulchan Aruch O.C. 314:6 codifies this mishna. The Magen Avraham 314:7 explains that according to Tosfot that there is binyan v'stira b'kelim it is dealing with a barrel that was refurbished, with broken pieces stuck together. However, the Tur permits cutting off the lid even if it is a solid barrel since it is a separate piece from the barrel and not considered one unit with the barrel. Mishna Brurah 314:23 agrees.
- ↑ 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.
- ↑ Shemirat Shabbat KeHilchata 9:3
- ↑ 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.
- ↑ Shemirat Shabbat KeHilchata 9:5-6
- ↑ Shemirat Shabbat KeHilchata 9:4, Tiferet 314:3 citing Or Letzion 2:27:7 and Chazon Ovadia Shabbat v. 5 p. 365
- ↑ 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.
- ↑ Hazon Ovadia, Volume 5, Page 375
- ↑ Shemirat Shabbat KeHilchata 9:9
- ↑ Shemirat Shabbat KeHilchata 9:10-12
- ↑ Shemirat Shabbat KeHilchata 9:13, 14:9 and (15 note 166, in the new edition note 174) quoting Rav Shlomo Zalman
- ↑ 39 Melachos (Rabbi Ribiat, Melechat Koshair note 54) quoting Rav Moshe Feinstein
- ↑ 39 Melachos (Rabbi Ribiat, vol 3, pg 800)
- ↑ Shemirat Shabbat KeHilchata 9:14
- ↑ 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 (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.
- ↑ Shemirat Shabbat KeHilchata 9:13
- ↑ 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).]
- Dor Hamelaktim quotes many poskim who were strict and forbade opening a metal twist cap on Shabbat including: Rivevot Efraim 3:267 s.v. heneh quoting Rav Moshe Feinstein (see Dor Hamelaktim for other accounts of Rav Moshe), Emet Lyakov n. 357, Betzel Hachachma (Shomer Shabbat Kdaat p. 5), Minchat Yitzchak (Likutei Teshuvot 35), Bear Moshe (Shomer Shabbat Kdaat p. 10), Az Nidbaru 3:28:3, Rav Elyashiv (Shalmei Yehuda 6:42, Shvut Yitzchak 13:190), Rav Sheinberg (Am Mekadeshei Sheviyit 2:2:34), Shevet Halevi (Kovetz Mbet Levi 1:59), Rivevot Efraim (Shomer Shabbat Kdaat p. 7), Shulchan Halevi 7:8, Chut Shani 2:37:3, Minchat Asher 1:28, and Orchot Shabbat 12:17.
- ↑ 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)
- Dor Hamelaktim v. 4 p. 2100 quotes many who are lenient even with opening metal caps including: Even Yisrael v. 2 Hilchot Shechita, Or letzion 2:27:8, Tzitz Eliezer 14:45, Lehorot Natan 7:21, 8:19, Dvar Yehoshua 2:45, Divrei Yatziv OC 171, Mishna Halachot 7:47, and Yabia Omer 9:108:158.
- ↑ Shemirat Shabbat KeHilchata 9:17 (new edition 9:18), Shabbos Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6), and 39 Melachos (Rabbi Ribiat, vol 3, pg 841). 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 Auerbach 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)
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.
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. See Rabbi Jachter about plastic bottle caps.- Dor Hamelaktim v. 4 p. 2102 quotes Rav Dovid Feinstein and Rav Yisrael Belsky (cited in Halacha Brurah 17 fnt. 38) in the name of Rav Moshe saying that it is forbidden even for plastic bottle caps.
- ↑ 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 in Am Mekadeshei Sheviyi 2:37) says that even by plastic there is an issue of metakein kli.
- ↑ Dor Hamelaktim v. 4 p. 2104 quotes many poskim who permit stretching a bottle cap so that it comes off without becausing the ring attached to it. These poskim include: Rav Elyashiv (Meor Hashabbat 2:551, Ashrei Haish 2:31:3), Chut Shani (Am Mekadeshei Sheviyi 2:2:42), and Pitchei Teshuvot 314:6:73. Rabbi Aryeh Lebowitz (From the Rabbi's Desk) explains the entire issue about using this Kosher Bottle Opener. Many poskim hold that opening bottle caps normally is permitted and would also accept this but think it is unnecessary except that it is a stringency. He quoted Rav Belsky thinking that it is necessary and solves the issue. Rav Hershel Schachter thinks it is forbidden to open bottles and even with this product it is still forbidden as there is an issue of Mesaken Maneh on the bottle not the cap. It is similar to breaking a tight seal that Rav Moshe forbids opening a milk carton. Then he asked Rav Schachter again and he wasn't sure that it is a problem.
- ↑ 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 HaShabbat (vol 1, Peninei HaMeor pg 552)) and Rav Chaim Kanievsky (from Meor HaShabbat (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.
- ↑ Rav Shlomo Zalman Auerbach (Meor HaShabbat (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.
- ↑ Shemirat Shabbat Kehilchata 9:21. Dor Hamelaktim v. 4 p. 2105 quotes many poskim who permit opening a beer bottle on Shabbat. The Chazon Ish OC 51:11 s.v. vlhasir writes that since the cap wasn't made as a unit with the bottle opening the bottle doesn't involve any construction or destruction of the bottle or cap. Even though the cap is no longer usable since it was only made for one time use it is permitted to open it and make it unusable. Also, while it is on the bottle it isn't a utensil that can be reused; it is merely a seal that is meant to be broken. Agreeing with the Chazon Ish he cites Chut Shani 2:37:3, Orchot Shabbat 12:16, and Mechzeh Eliyahu Piya Pitcha Bchachma 1:7:3-4.
- ↑ Shabbos Kitchen (Rabbi Simcha Bunim Cohen, pg 188), 39 Melachos (Rabbi Ribiat, vol 3, pg 833)
- ↑ Shabbos Kitchen (Rabbi Simcha Bunim Cohen, pg 187)
- ↑ Rabbi Jachter in discussing opening cans on Shabbat shows four approaches in the poskim:
- The Tehillah Ldovid 314:12 thinks it is soter to open a can since it is a bona fide kli.
- 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.
- 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.
- Rav Tzvi Pesach Frank (Tel Harim Makeh Bpatish 3) forbids opening a metal can. Dor Hamelaktim v. 4 p. 2115 quotes many who forbid opening soda cans including Rav Moshe Feinstein (Haarot Bhalacha 2:45), Rav Yaakov Kamenetsky (Haarot Bhlacha 2:45), Rav Sheinberg (Haarot Bhalacha 2:45), Rav Elyashiv (Orchot Shabbat 11:61, Ashrei Haish 2:31:14), Rav Wosner (Kovetz Mbet Levi v. 6 p. 45), Chut Shani v. 2 p. 274, Shulchan Halevi 8:8, Rav Nevinsal responsa 293:130, and Megilat Sefer 14:4. They also cite Rav Shlomo Zalman (Minchat Shlomo 2:12) and Even Yisrael (Pitchei Halacha 2:45) as lenient.
- ↑ Chazon Ovadia, Volume 5, Page 375
- ↑ Shabbos Kitchan (Rabbi Simcha Bunim Cohen, pg 184)
- ↑ 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.
- ↑ 39 Melachos (Rabbi Ribiat, vol 3, pg 838)
- ↑ 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.
- ↑ Shemirat Shabbat KeHilchata 9:21
- ↑ 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.
- ↑ 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.
- ↑ 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.
- ↑ 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. Dor Hamelaktim v. 6 p. 3765 quotes some who are lenient to rip open an envelope on Shabbos in a destructive manner (Brit Olam Koreah 7, Even Yisrael 7:16), but most are strict (Biur Halacha 340:13, Mechzeh Eliyahu 70:16).
- ↑ Or Letzion 2:40:5
- ↑ Yalkut Yosef 340:14:5, Yachava Daat 6:24 citing Chacham Tzvi 39
- ↑ Machzeh Eliyahu 70:16
- ↑ Rabbi Neihaus