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Borer: Difference between revisions
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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> | ## 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> | ||
==Clarification of the first condition== | |||
===Taking refuse from the food=== | # 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 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. | |||
* However, Shabbat Kitchen (pg 104-5 in the note) writes that the Mishna Brurah disagrees with the Chazon ish and concludes that a particle of liquid suffices and that the Taz’s leniency would apply to dry foods. The Shabbat kitchen explains that the reason of the Taz’s leniency is because of it’s not similar to the way borer is normally done. | |||
* Iglai Tal #6 writes that the Taz’s leniency only allows you to do it right before the eating. Shabbat Kitchen argues that it should be permitted even for storing away. Menuchat Ahava 7:11 agrees. See Sh”t Tefillah lemoshe 1:49(9) who argues on the Chazon Ish.</ref> Nonetheless, one should make sure that one remove a substantial amount of good together with the bad. <ref> The 39 Melachos (Rabbi Ribiat, vol 3 pg 421) </ref> | |||
# If one has food in one’s mouth one may remove what you want from what you don’t want. <Ref> Igrot Moshe O”C 4:74 Borer 7, Shemirat Shabbat KeHilchata 3:11, and Shabbat Kitchen (pg 103) </ref> | |||
# 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. <Ref> S”A 321:19, Biur Halacha 321:19 D”H LeKlof, Menuchat Ahava (vol 2 7:11), and Shemirat Shabbat KeHilchata 3:29 </ref> | |||
# Where it’s impossible to separate 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. <Ref>Shabbat Kitchen (pg 103) in name of Rav Sheinburg </ref> | |||
====Taking refuse from the food==== | |||
# 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. <Ref> 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. </ref> | # 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. <Ref> 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. </ref> | ||
# 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. <Ref> Shemirat Shabbat KeHilchata 3:10 </ref> | # 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. <Ref> Shemirat Shabbat KeHilchata 3:10 </ref> | ||
# It’s forbidden to separate food from refuse even if the refuse is slightly edible. <Ref> Mishna Brurah 319:7 writes that it’s forbidden MeDerabbanan to separate the refuse from the food even if a refuse is slightly edible. </ref> | # It’s forbidden to separate food from refuse even if the refuse is slightly edible. <Ref> Mishna Brurah 319:7 writes that it’s forbidden MeDerabbanan to separate the refuse from the food even if a refuse is slightly edible. </ref> | ||
===Taking a desired food from an undesired one=== | ====Taking a desired food from an undesired one==== | ||
# 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. <Ref> S”A 319:10, Mishna Brurah 319:13-4, Shabbat Kitchen pg 86 </ref> | # 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. <Ref> S”A 319:10, Mishna Brurah 319:13-4, Shabbat Kitchen pg 86 </ref> | ||
# 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. <Ref>Shemirat Shabbat KeHilchata 3:3 </ref> | # 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. <Ref>Shemirat Shabbat KeHilchata 3:3 </ref> | ||
===Separating two foods to be used for later=== | ====Separating two foods to be used for later==== | ||
# 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. <Ref> 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. </ref> | # 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. <Ref> 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. </ref> | ||
# 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. <Ref> Shabbat Kitchen (pg 103), Shemirat Shabbat KeHilchata 3:65 </ref> | # 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. <Ref> Shabbat Kitchen (pg 103), Shemirat Shabbat KeHilchata 3:65 </ref> | ||
===Examples=== | ===Examples=== | ||
# It’s permissible to remove a sticker or label on challah, but one should be careful to take off some crust with it. <ref>Shemirat Shabbat KeHilchata 3:31 </ref> | # It’s permissible to remove a sticker or label on challah, but one should be careful to take off some crust with it. <ref>Shemirat Shabbat KeHilchata 3:31 </ref> | ||
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# 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 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. </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 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. </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. So rules Shemirat Shabbat KeHilchata 3:3 (note 6 in name of Rav Shlomo Zalman), Sh”t Igrot Moshe 4:74 Borer #11</ref> | |||
# Taking off a piece of food (wanted part) along with the non-wanted food is permitted. <Ref> Mishna Brurah 319:62 </ref> | |||
==What constitutes a mixture?== | |||
# A group of identical items isn't considered a mixture and may be separated without violating borer. <Ref> 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) and Shemirat Shabbat KeHilchata 3:24 that there's no borer when seperating indentical objects. </ref> | # A group of identical items isn't considered a mixture and may be separated without violating borer. <Ref> 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) and Shemirat Shabbat KeHilchata 3:24 that there's no borer when seperating indentical objects. </ref> | ||
# However, if there’s a difference in the species, taste, function, or quality in the foods the group of items is considered a mixture. <Ref> Shabbat Kitchen pg 90 </ref> | # However, if there’s a difference in the species, taste, function, or quality in the foods the group of items is considered a mixture. <Ref> Shabbat Kitchen pg 90 </ref> | ||
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## platter of different types of deli | ## platter of different types of deli | ||
## platter of different types of cakes <ref> Shabbos Kitchen (pg 92-3) </ref> | ## platter of different types of cakes <ref> Shabbos Kitchen (pg 92-3) </ref> | ||
# 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 | # 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 their identity. <ref> Shabbos Kitchen (pg 92) </ref> | ||
# If the group of objects is | # If the group of objects is possibly a mixture and it's unclear we’re strict to consider it a mixture not to do borer. <ref> 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. </ref> | ||
# A totally rotten fruit among good fruits constitutes a mixture and so one may not remove a good fruit if one doesn’t intend to eat it immediately. However, one may remove a fruit that’s surrounding the fruit that’s adjacent to the rotten fruit. <Ref> Shemirat Shabbat KeHilchata 3:25 </ref> | # A totally rotten fruit among good fruits constitutes a mixture and so one may not remove a good fruit if one doesn’t intend to eat it immediately. However, one may remove a fruit that’s surrounding the fruit that’s adjacent to the rotten fruit. <Ref> Shemirat Shabbat KeHilchata 3:25 </ref> | ||
===Attached items=== | ===Attached items=== | ||
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## a damaged part of a fruit to the fruit <ref> Shabbos Kitchen (pg 93) </ref> | ## a damaged part of a fruit to the fruit <ref> Shabbos Kitchen (pg 93) </ref> | ||
## the pit of the fruit to the flesh of the fruit <ref> Shabbos Kitchen (pg 112) </ref> | ## the pit of the fruit to the flesh of the fruit <ref> Shabbos Kitchen (pg 112) </ref> | ||
# It's permissible to | # It's permissible to separate the items that are attached except at the juunction of thier connection (as opposed to close items where even the outer items may not be separated). For example, it's permissbile to cut away fat on meat if one leaves a sliver of the fat attached to the meat. <ref> Shabbat Kitchen (pg 107) </ref> | ||
===Stacked items=== | ===Stacked items=== | ||
# If items are piled on top of one another, they are considered a mixture even if each item is individually recognizable. <ref> Mishna Brurah 319:15 (at the end), Shabbat Kitchen (pg 94-5) </ref> This includes the following examples: | # If items are piled on top of one another, they are considered a mixture even if each item is individually recognizable. <ref> Mishna Brurah 319:15 (at the end), Shabbat Kitchen (pg 94-5) </ref> This includes the following examples: | ||
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# One may not remove a drink bottle from a refrigerator where the bottles are jumbled together except for immediate use of drinking (or taking it out to lose its chill and then drink). <Ref> Shemirat Shabbat KeHilchata 3:74 </ref> | # One may not remove a drink bottle from a refrigerator where the bottles are jumbled together except for immediate use of drinking (or taking it out to lose its chill and then drink). <Ref> Shemirat Shabbat KeHilchata 3:74 </ref> | ||
# Ideally, one should eat all the food that was separated in preparation for the meal, however, if there are leftovers of food that was separated for the meal or one changed one’s mind not to eat, the food may be eaten later on Shabbat. <Ref> Shemirat Shabbat KeHilchata 3:75 </ref> | # Ideally, one should eat all the food that was separated in preparation for the meal, however, if there are leftovers of food that was separated for the meal or one changed one’s mind not to eat, the food may be eaten later on Shabbat. <Ref> Shemirat Shabbat KeHilchata 3:75 </ref> | ||
# It’s forbidden to sort a mixed group of cutlery to put them into separate compartments. | # It’s forbidden to sort a mixed group of cutlery to put them into separate compartments. Similarly, it’s forbidden to pick out items of a certain variety, dry them and then place them back in their compartment. <Ref> Shemirat Shabbat KeHilchata 3:78 </ref> | ||
# However, it is permitted to take one cutlery at a time, dry it and then place it in it’s compartment. <Ref> Shemirat Shabbat KeHilchata 3:78 </ref> | # However, it is permitted to take one cutlery at a time, dry it and then place it in it’s compartment. <Ref> Shemirat Shabbat KeHilchata 3:78 </ref> | ||
# Certainly, it’s permissible to sort cutlery even from a mixture so that one can set the table for the meal that’s going to start immediately after sorting the cutlery. <Ref> Shemirat Shabbat KeHilchata 3:79 </ref> | # Certainly, it’s permissible to sort cutlery even from a mixture so that one can set the table for the meal that’s going to start immediately after sorting the cutlery. <Ref> Shemirat Shabbat KeHilchata 3:79 </ref> | ||
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# One may not sort different books in a pile to put them back on the shelf, however, if one wishes to clear the table, one may pick up each book one at a time and place it on the shelf in it’s appropriate shelf. <Ref> Shemirat Shabbat KeHilchata 3:81 </ref> | # One may not sort different books in a pile to put them back on the shelf, however, if one wishes to clear the table, one may pick up each book one at a time and place it on the shelf in it’s appropriate shelf. <Ref> Shemirat Shabbat KeHilchata 3:81 </ref> | ||
===Taking holy items out of garbage=== | ===Taking holy items out of garbage=== | ||
# 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. <Ref> 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. | # 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. <Ref> 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. </ref> | ||
==Borer by Mistake== | ==Borer by Mistake== | ||
