Borer

From Halachipedia

Introduction to Borer

  1. Borer is one of the 39 Melachot of Shabbat and incurs the same penalties of a Chatat Korban for an unintentional violation and stoning for intentional violation. Unfortunately, many people transgress this prohibition without thinking because it’s a very common activity and almost unavoidable. [1]
  2. One violates Borer on a Deoritta level in one of three ways. The common factor between all of them is that such is the normal way Borer is done during the weekday. [2]
    1. Separating refuse from food is a violation of Borer. Even if one takes the food with one’s hands with intent to eat the food immediately, one still violates Borer on a Deoritta level. [3]
    2. Separating with a vessel usewd for separating such as a strainer or a sieve is a violation of Borer. Even if one takes the food from the refuse for immediate use. One still violates Borer on a Deoritta level. [4]
    3. Separating to eat the food after some time. Even if one separates with one’s hands the food from the refuse, one still violates Borer on a Deoritta level. [5]

Definition of Borer

  1. Taking something out of a mixture at random and placing it in a designated pile is Borer. [6]

What is considered a mixture?

  1. If there’s a group of indentical items that group isn’t considered a mixture and may be separated without violating borer. [7]
  2. However if there’s a difference in the taste, function, or quality in the foods the group of items is considered a mixture. However, items of different sizes that are identical in taste, funcation and quality don't form a mixture. [8]
    1. Foods that have a different taste are considered a mixture. For example, cooked and baked apples together are considered a mixture. [9] Another example is boiled and roasted chiken pieces together are considered a mixture. [10]
    2. Foods that have a different function constitue a mixture. For example, soup spoon and teaspoons together would form a mixture. Similarly, kitchen and table knifes, or large and small plates, or spoons and forks together create a mixture. [11] Another example would be matzah meal and matzah chunks mixed together would be a mixture. [12]
    3. The definition of foods of different quality is when one food is desireable and one is edible but only out of nessecity. [13] For example, fresh and spoiled grapes together form a mixture. [14] Similarly, cooked and burnt meats form a mixture. [15]
  3. However, the different size of items in a group don't cause the group to be considered a mixture unless the difference in size changes it’s function [16]
  4. Some are lenient regarding attached mixtures such as a grapes cluster and in a case where it's costumary to remove the bad before eat, it's permissible to remove the bad from the good immediately before eating. [17]

How close are the items to be considered a mixture

  1. There's three catogories of mixtures. 1) A mixture can consist of disparate objects that are near each other. 2) A mixture is formed when there's items attached to one another. 3) Items on top of one another also form a mixture. [18]
    1. A group of objects are considered a mixture if the individual items loose thier identity as individuals and the items are seens as a group and not individuals. This includes examples such as
      1. beans, barley, potato, and meat in a chulent,
      2. mixed nuts in a bowl,
      3. spliced fruit in a bowl
      4. pile of utensils
      5. platter of different types of deli
      6. platter of different types of cakes [19]
    2. The greater amount of objects in a concentrated area makes the items form a mixture. The larger the objects the more items that are needed in order for the items to loose thier identity. [20]
    3. Items that are attached are considered a mixture. This includes the following examples:
      1. fat attached to meat
      2. peels on fruits
      3. shells on nuts or eggs
      4. a damaged part of a fruit to the fruit [21]
      5. the pit of the fruit to the flesh of the fruit [22]
  2. If the group of objects is possibilly a mixture and it's unclear we’re strict to consider it a mixture not to do borer. [23]

The permitted way to separate

  1. In order to permit selecting on Shabbat one must fulfill three requirements.
    1. You must separate what you want from what you don’t want.
    2. You must separate with one’s hand.
    3. You must separate for immediate use or just prior to a meal (the amount of time it takes to prepare the food). [24]

Clarification of the first requirement

Taking refuse from the food

  1. It is forbidden to separate on Shabbat by taking the refuse from the food. It is forbidden even when it’s done with one hand. [25]
  2. One violates Borer by takingt he refuse from the food even if one only separated a portion of the refuse and didn’t complete the separation. [26]
  3. It’s forbidden to separate food from refuse even if the refuse is slightly edible. [27]

Taking a desired food from an undesired one

  1. If there are two foods that are mixed and one wants one to eat one now and not the other, the one he wants to eat is called the ‘food’ and the unwanted one is called the ‘refuse’ and so it is forbidden to take the unwanted one from the other. [28]
  2. For example, if almonds and walnuts are mixed, and one only intends to eat the almonds, one may take the almonds from the mixture but not the walnuts. [29]

Separating two foods to be used for later

  1. If there’s two foods (meaning both are desired for use) there’s a dispute whether one is allowed to separate for later use, Ashkenazim should be strict and Sephardim may be lenient. [30]
  2. It’s permissible to separate a food that’s not desired now but desired for later in the same meal from another food that’s desired right now. [31]

Examples

Fish or meat bones

  1. When preparing or eating fish or meat one must be careful not to separate the bones from the meat. One should eat the fish and spit out or remove the bones from one’s mouth after one separated the bones from the meat. If that’s not practical or convenient, one should hold the bone and eat the meat, hold the bone (with one’s knife or hand) and cut away the meat, or to remove each bone and suck it. If none of those are possible, one should remove the bones with a bit of meat attached. [32]
  2. Some have the practice to remove the bones from fish or meat in the normal way, and they have what to rely on, however it may only be done in the course of eating. [33]
  3. One shouldn’t remove bare bones from one’s plate when there’s other foods right next to it, rather they should be left as is on the plate. [34]

Chicken Skin

  1. Almost all authorities permit removing the chicken skin in order to eat the chicken. [35]

Watermelon

  1. One may eat the watermelon and spit out the seeds or remove them from one’s mouth. If one doesn’t want to do that, one may shake off the seeds right before eating. [36]
  2. Those who do remove watermelon seeds right before eating watermelon have what to rely on. [37]

Fruit pits

  1. One may remove a pit from a fruit whether the pit doesn’t come away from the fruit without taking away part of the fruit. For example, plums and peaches have pits that may be removed since when you remove the pit the flesh of the fruit comes with it. [38]
  2. However, one may not take the pit of a fruit if the pit will come clean without any of the flesh of the fruit, rather one should open the fruit and have the pit drop out, or take the fruit off the pit (and not the reverse). Some permit the removal of the pit even from such fruits if it’s done right before eating. [39]

Exceptions to the first requirement

  1. If one has food in one’s mouth one may remove what you want from what you don’t want. [40]
  2. If a food has a peel that covers it entirely one may remove the part that’s unwanted (peel) from the part that’s desired (fruit), however this action must be done right before the meal and with one's hand. [41]
  3. Where it’s immposible to sperate the food from the waste it’s permissible to take out the waste. For example, one who cuts open a cantaloupe may scoop out the seeds and leave the fruit. [42]

Clarification of the second requirement

  1. It’s forbidden to use a sieve or strainer. [43]
  2. A utensil like a fork is permissible if it’s used as an extension to one’s hand, meaning it’s used not to get one’s hands dirty but it doesn’t help one separate any better than if one did it with one’s hands. Some Sephardic authorities permit under all circumstances. [44]

Clarification of the third Requirement

  1. It is only permitted to separate with intent to eat the food immediately, while it’s forbidden to separate with intent to eat the food after some time even within the same day. [45]
  2. Separating before a meal as long as it takes to prepare for the meal is considered preparing for immediate use. [46]
  3. Separating right before a meal is permissible even if one will only eat the food later in meal which may be after several hours. However, separating to eat food after the meal or in another meal is forbidden. [47]
  4. Some say that the time limit for separating food from other food has a longer time period that separating food from waste, however, Ashkenazim shouldn’t rely on this, and Sephardim shouldn’t rely on this unless there’s a great need. [48]
  5. If one separated in order to eat immediately and then changed his mind and decided not to eat, some say that he violated Borer, while others say it’s permissible after the fact, therefore one should avoid such a situation. [49]

Separating for others

  1. One is permitted to separate for others as long as one does it for immediate use, with one’s hand, and food from the refuse. [50]
  2. One is permitted to separate for guests (or peel fruits) enough food that it should be presentable even if one knows that not all of the food will be eaten. [51]
  3. It’s permitted to separate for animals as long as it’s for immediate use, with one’s hand, and one separates the food from the refuse. [52]

Separating non-food items

  1. It’s forbidden to separate any mixture of items even non-food such as clothes or vessels. [53]

Putting books back on shelf

  1. One is permitted to take one book at a time and return it to the shelf if one isn’t particular about which book one takes. However, one should not make a pile of books and put back the books even if one does it one by one. Lastly, it’s permitted to make a pile of books if one doesn’t return them to the shelf. [54]

Taking holy items out of garbage

  1. If one finds a paper with Torah written on it in the garbage, one may remove the papers and read them a little right away. However, if one finds Tefillin or Tefillin straps in a garbage, one may remove the it. [55]

Ways to permit selecting

  1. One may throw all of the pieces in the mixture onto a table or ground so that they separate. After the pieces are separate identifiable units it’s permitted to use each one separately without any prohibition of Borer. [56]
  2. Taking off a piece of food (wanted part) along with the non-wanted food is permitted. [57]

Borer by Mistake

  1. If one took an object from a mixture with intent to eat it and it terns out to be undesirable one didn’t violate Borer. For example, if one takes a fruit from a mixture with intent to eat it and it turns out that it’s rotten one didn’t do Borer. [58]

Natural Borer

  1. It’s permitted to cause a mixture to separate naturally if the borer would have occurred naturally anyway without your interference. For example, it’s permitted to turn a bottle upright even though it’ll cause the sediment to fall to the bottom since that would have occurred anyway. [59]

Benchers

  1. Taking a particular bencher from a pile is considered Borer unless it fulfills the requirements of taking the food from refuse for immediate use with one’s hand. [60]

References

  1. ↑ Mishna Brurah (319 introduction).
  2. ↑ Mishna Brurah (319 introduction).
  3. ↑ Mishna Brurah (319 introduction).
  4. ↑ Mishna Brurah (319 introduction).
  5. ↑ Mishna Brurah (319 introduction).
  6. ↑ Sh”t Mechaze Eliyahu in name of Rav Shlomo Zalman and Rav Elyashiv, Shabbat Kitchen pg 85
  7. ↑ Rama 319:3 rules that it's permissible to seperate peices of fish by the size since it's all one type of food. Mishna Brurah 319:15 writes that even though the Taz argues on the Rama, most achronim agree with the Rama. So write's the Shabbos Kitchen (pg 87-88) that there's no borer when seperating indentical objects.
  8. ↑ Shabbos Kitchen (pg 88-91) outlines four ways to distingish items in a group to call it a mixture and not a group fo identical items. The four main catogories are taste, function, and quality.
  9. ↑ Shabbos Kitchen (pg 89)
  10. ↑ Mishna Brurah 319:15, Shabbos Kitchen (pg 89)
  11. ↑ ayil meshulash pg 16, Shabbat Kitchen pg 90
  12. ↑ pri megadim m”z 319:2, Shabbat Kitchen pg 90
  13. ↑ Mishna Brurah 319:7, Shabbat Kitchen pg 90
  14. ↑ Shabbat Kitchen 91
  15. ↑ Mishna Brurah 319:15
  16. ↑ Rama 319:3, Shabbat Kitchen pg 90
  17. ↑ http://www.dailyhalacha.com/displayRead.asp?readID=818&txtSearch=borer in name of Menuchat Ahava by Rabbi Moshe HaLevi
  18. ↑ Shabbos Kitchen (pg 91-95)
  19. ↑ Shabbos Kitchen (pg 92-3)
  20. ↑ Shabbos Kitchen (pg 92)
  21. ↑ Shabbos Kitchen (pg 93)
  22. ↑ Shabbos Kitchen (pg 112)
  23. ↑ Shabbat Kitchen pg 91 writes that we are very strict by borer since it's possible to violate borer on a deoritta level by lacking just one the three requirements.
  24. ↑ S”A 319:1-2, Shemirat Shabbat KeHilchata 3:2 bring these three requirements as halacha.
  25. ↑ S”A 319:4 writes that it’s forbidden to take the refuse from food even with one hand. Mishna Brurah 319:17 writes that even though some don’t have the words “one hand” in S”A, still one shouldn’t be lenient to take to take refuse from food with one hand. This halacha is also found in Shemirat Shabbat KeHilchata 3:22.
  26. ↑ Shemirat Shabbat KeHilchata 3:10
  27. ↑ Mishna Brurah 319:7 writes that it’s forbidden MeDerabbanan to separate the refuse from the food even if a refuse is slightly edible.
  28. ↑ S”A 319:10, Mishna Brurah 319:13-4, Shabbat Kitchen pg 86
  29. ↑ Shemirat Shabbat KeHilchata 3:3
  30. ↑ The Pri Megadim (M”Z 319:2) writes that there’s a logic to permit separating two foods if one will eat both but just after some time since in this case there’s no food being taken from refuse, and concludes with a Tzarich Iyun. However, the Mishna Brurah (319:12, Biur Halacha 319:3 D”H Hayu) argue that it’s a definite violation of Borer to separate the two foods. Or Letzion (vol 2 chap 31 note 4), Menuchat Ahava, and Shabbat Kitchen (84) rule like Mishna Brurah. Yalkut Yosef (Shabbat vol 3 pg 279; see Sh”t Yabea Omer 5:31:5) brings two opinions and leaves it as a doubt. Sh”t Maharshag 1:54 also leaves this question in doubt.
  31. ↑ Shabbat Kitchen (pg 103), Shemirat Shabbat KeHilchata 3:65
  32. ↑ Shemirat Shabbat KeHilchata 3:11,12, see http://www.dailyhalacha.com/displayRead.asp?readID=817&txtSearch=separating who is lenient like the Menuchat Ahava.
  33. ↑ Shemirat Shabbat KeHilchata 3:13
  34. ↑ Shemirat Shabbat KeHilchata 3:14
  35. ↑ Sh"t Igrot Moshe 4:74:8 permits removing the chicken skin even if one doesn't plan on eating the chicken based on the logic that the skin is considered the same type of food as the chicken itself as both are edible and are of the same type. So quotes Sh"t Rivevot Efraim 5:267 and Sefer Melachot Shabbat by Rabbi Eider vol 3 pg 160. So rules Yalkut Yosef (Shabbat vol 3 pg 304) to permit removing chicken skin because the skin can be considered a peel just like a fruit peel. So rules Sh"t Rivevot Efraim 5:267, Sh"t Bear Moshe 6:47, Shemirat Shabbat KeHilchata 3:30, and Sh"T Az Nidbaru 7:16(1). [It seems Menuchat Ahava (vol 2 7:13) is also lenient. However, Shabbat Kitchen (pg 114; by Rabbi Simcha Bunim Cohen)is stringent for someone who wouldn't eat the skin.
  36. ↑ Shemirat Shabbat KeHilchata 3:16
  37. ↑ Shemirat Shabbat KeHilchata 3:16
  38. ↑ Shemirat Shabbat KeHilchata 3:17
  39. ↑ Shemirat Shabbat KeHilchata 3:17
  40. ↑ Igrot Moshe O”C 4:74 Borer 7, Shemirat Shabbat KeHilchata 3:11, and Shabbat Kitchen (pg 103)
  41. ↑ S”A 321:19, Biur Halacha 321:19 D”H LeKlof, Menuchat Ahava (vol 2 7:11), and Shemirat Shabbat KeHilchata 3:29
  42. ↑ Shabbat Kitchen (pg 103) in name of Rav Sheinburg
  43. ↑ S”A 319:1
  44. ↑ Rabbi Moshe Feinstein in Sh”t Igrot Moshe O"C 1:126, Brit Olam (Borer #28), and Shabbat Kitchen permit using utensils when they are used as because one can't touch it with one's hand (because of manners or the food is hot) but when it's used to aid in seperation, the utensils are forbidden. However, Yalkut Yosef (Shabbat vol 3 pg 261) in name of Rabbi Ovadyah Yosef, Menuchat Ahava (vol 2 7:7), and Sh"t Or Letzion (1:27 pg 68) permit it under all circumstances. Lastly, Rabbi Shlomo Amar in Sh"t Shema Shlomo 1:8 writes that it's preferable to be strict like the Igrot Moshe, however in cases of great need or if there's a doubt whether it's aidding the serperation or it's for conveince, it's permissible.
  45. ↑ S”A 319:2 rules that separating food in one’s hand for later in the day is considered like separating to store the food and one violates Borer Deoritta.
  46. ↑ Mishna Brurah 319:45 says that the borer must be done right next to the meal. Even though the Ben Ish Chai (Beshalach 1) writes that within a half hour of the meal is considered immediately before the meal, Sh”t Igrot Moshe 4:74 (Borer #13) holds that one only has the time it takes to prepare the meal prior to the meal. So writes the Shabbat Kitchen (pg 100), Yalkut Yosef (Shabbat vol 3 pg 265 486), and Menuchat Ahava (vol 2 7:6).
  47. ↑ Mishna Brurah 319:5 writes that separating with intent to eat the food after the meal or in another meal is forbidden.
  48. ↑ Rambam (Shabbat 8:13) writes that one violates Borer if one separates for later in the day such as separating in the morning with intent to eat in the evening. Bet Yosef (319:1-3; Bet Yosef is the author of S”A) explains that the Rambam holds that by separating two foods (one that’s wanted and one unwanted) one is permitted to separate even if one will eat it in the next 3-4 hours, whereas separating a food from a refuse is permitted to only immediately prior to a meal. [Yalkut Yosef (Shabbat vol 3 pg 278) quotes Rabbi Moshe Hershler’s notes to Ramban (note 158) who explains that by food and refuse, separating makes the food edible and that’s only permissible if one eats it immediately, however by two foods, separating is only forbidden as it sets aside two foods and that only is forbidden if it’s stored away for a long time.] S”A 319:1-3 uses the same language of the Rambam which implies that S”A holds of the distinction he made in the words of the Rambam. So writes the Machasit HaShekel 319:6. However, Biur Halacha (319:3 D”H SheBirer) quotes the Tosfet Shabbat and Maaseh Rokeach who argue on the distinction of the Bet Yosef and the language of the Rambam is just imprecise. So rules the Mishna Brurah 319:16. However, Rama 319:1 rules that it is only permitted to separate right before a meal, seemingly making no difference whether it’s separating between food and refuse or between two foods. So writes the Machasit HaShekel 319:6 (in explanation of Rama). Yalkut Yosef (Shabbat vol 3 pg 278) brings two opinions on this issue and even though that in the footnote it sounds like it’s permissible because of a Safek Safeka, he concludes by leaving it unresolved.
  49. ↑ Shaar HaTzion 319:5 quotes the Pri Megadim who says that after the fact the food is permitted if one had in mind to eat it immediately even if one changes his mind afterwards. Yalkut Yosef (Shabbat vol 3 pg 272) brings this as a doubt and says that one should avoid such a situation.
  50. ↑ Rama 319:1 writes that it’s permissible to separate for others to eat. Mishna Brurah 319:6 clarifies that it’s permissible even if one is preparing for others but he himself isn’t eating from the food that was separated.
  51. ↑ Sh”t Rav Poalim 1:12 writes that it’s logical that it’s permissible to separate food to fill a plate or basket for guests even if the guests won’t eat all the food because one is separating for an immediate purpose of serving the guests respectfully. So rules Ben Ish Chai (Beshalach 3), Or Letzion (vol 2 chap 31:3), and Shemirat Shabbat Kehilchata (chap 3 note 115) in name of Rav Shlomo Zalman.
  52. ↑ Shemirat Shabbat KeHilchata 3:7
  53. ↑ Mishna Brurah 319:15, Shemirat Shabbat KeHilchata 3:1, Shabbat Kitchen pg 86, and Yalkut Yosef (Shabbat vol 3 pg 327). See the Aruch HaShulchan 319:7 who is lenient.
  54. ↑ Or Letzion (vol 2 chap 31:4) writes that one may take a single book and return it to the shelf since one has no concern about which book he picks up. However, if one made a pile and now separates it one by one it’s forbidden because one is taking something wanted from others that are not wanted temporarily. Or Letzion concludes that it’s permitted to make a pile of books if one doesn’t return them to the shelf. Sh”T Yabea Omer 5:31 permtis returning the books to the shelfs in any fashion.
  55. ↑ Or Letzion (vol 2 chap 31:2) writes that one is permitted to remove papers that have kedusha from a garbage if one uses it right away since that is considered removing good from bad with one’s hand for immediate use. However, if one finds Tefillin and it’s impossible to use the Tefillin on Shabbat, one is still permitted because one is considered as having separated for an immediate purpose of giving respect to the Tefillin. Yalkut Yosef (Shabbat vol 3 pg 333) writes that one doesn’t have to read from the pages.
  56. ↑ Based on Shabbat 74a, it seems that throwing a mixture out of the container so that the pieces separate so it’s not a mixture anymore would be permitted and allow one to put away each piece of the mixture separately. So rules Shemirat Shabbat KeHilchata 3:3 (note 6 in name of Rav Shlomo Zalman), Sh”t Igrot Moshe 4:74 Borer #11
  57. ↑ Mishna Brurah 319:62
  58. ↑ Shemirat Shabbat KeHilchata 3:5
  59. ↑ Shemirat Shabbat KeHilchata 3:6
  60. ↑ Shabbat Kitchen pg 87
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