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Borer: Difference between revisions

From Halachipedia
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* 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.  
* 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>  
* 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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