Borer: Difference between revisions

* The Gemara (74a) cites a cryptic Braisa, which seems self-contradictory: the Braisa first permits selecting from a food mixture and then rules that doing so is forbidden by Torah law. The Gemara suggests five ways to reconcile the Braisa, three of which remain relevant. First, one may select from a food mixture by hand but it is forbidden by Torah law to select using a specialized sorting instrument such as a sieve. Second, one may select from a food mixture as long as one takes the Ochel (food) from the Psoles (non-food) but it is forbidden by Torah law to select the Psoles from the Ochel. Third, one may select from a food mixture for purposes of immediate consumption but selecting and then putting aside for future use is forbidden by Torah law. * Rabbeinu Chananel (74a-b) understands that the three answers of the Gemara do not disagree; in order to avoid Borer one must fulfill all three conditions by separating the Ochel from the Psoles by hand for immediate use. While the halacha follows Rabbeinu Chananel, since Shulchan Aruch 317:1 agrees with him, it is interesting to note that not all rishonim agree.  

* For instance, Rashi 75a s.v. vehatanya holds that as long as a person does the separation immediately before eating it is permitted. Rashi’s opinion seems to be that the primary requirement is that perform an action as part of the process of eating. In any event, Tosfot 75a s.v. vahatanya disagrees with Rashi’s approach and seems to require at least that the selection be for immediate consumption as well done with one’s hand. Perhaps Tosfot believes it is only permitted to separate foods if it is significantly different from the way that a person would separate for storage. </ref>  

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## You must separate for immediate use or just prior to a meal (the amount of time it takes to prepare the food). <ref> S”A 319:1-2, Shemirat [[Shabbat]] KeHilchata 3:2 bring these three requirements as halacha. </ref>

# It's permissible to remove a the refuse together with a piece of a good food. <ref> Taz 319:13 writes that when removing a fly from a drink it’s permissible if one takes the fly with some liquid with it. Most achronim hold like the Taz including Kitzur Shulchan Aruch 80:19, Mishna Brurah 319:61, Shemirat [[Shabbat]] KeHilchata 3:18, and The 39 Melachos (Rabbi Ribiat, vol 3 pg 419).

* Chazon Ish explained that the Taz means that since the fly was contained in a separate mixture of liquid removing that mixture entirely and not separating within the mixture is permissible. According to this, a significant amount of liquid must be removed with the fly so that it can form it’s own mixture.  

* peanut shell <ref> Shemirat [[Shabbat]] KeHilchata 3:31,34, Menuchat Ahava (vol 2, 7:7) </ref>

# 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 or in order to pick up a liquid 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. <Ref> Rabbi Moshe Feinstein in Sh”t Igrot Moshe O"C 1:126, Brit Olam (Borer #28), Shemirat [[Shabbat]] KeHilchata 3:45, and [[Shabbos]] 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 separation or it's for conveince, it's permissible. </ref>

# Some say that using a peeler is an issue of using a tool designated for Borer.<ref>39 Melachos (v. 2, p. 404) citing the Eglei Tal</ref>

# Separating before a meal for the time it takes to prepare the meal is considered separating for immediate use. For example if it takes one a half hour to prepare for the meal one may separate only within a half hour of the meal. <Ref> 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 Shemirat [[Shabbat]] KeHilchata 3:63, The 39 Melachos (Rabbi Ribiat, vol 3 pg 412), [[Shabbos]] Kitchen (pg 100), Yalkut Yosef ([[Shabbat]] vol 3 pg 265 486), and Menuchat Ahava (vol 2 7:6). </ref> One may not separate and then take a few minute break before the meal. <ref> The 39 Melachos (Rabbi Ribiat, vol 3, pg 412) </ref>

# 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. <Ref> Mishna Brurah 319:5 writes that separating with intent to eat the food after the meal or in another meal is forbidden. </ref>

# 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. <Ref>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, Beiur Halacha (319:3 s.v. SheBirer) quotes the Tosefet [[Shabbat]] and Maaseh Rokeach who argue on the distinction of the Bet Yosef and the language of the Rambam is just imprecise. This is also the opinion of 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 Sfek Safeka, he concludes by leaving it unresolved. </ref>

# 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. <Ref> Shaar HaTziyun 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. </ref>

==Alternative ways to permit Borer==

# One may throw all of the items of a mixture onto a table or on the ground so that they scatter. Once the items are separate identifiable units it is permitted to use each one separately without any prohibition of Borer. <Ref>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. This is also the opinion of Shemirat [[Shabbat]] KeHilchata 3:3 (note 6 in name of Rav Shlomo Zalman), Sh”t Igrot Moshe 4:74 Borer #11</ref>