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.  

# 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>

==Clarification of the Third Condition: Immediate==