Borer: Difference between revisions

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==Definition and categories of Borer==

# 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. <Ref> Mishna Brurah (319 introduction). </ref>

## 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. <Ref> Mishna Brurah (319 introduction). </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 S"A 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.  

# 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>

====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’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====

# 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====

===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>

==Clarification of the second condition==

# It’s forbidden to use a sieve or strainer. <Ref>S”A 319:1 </ref>

==Clarification of the third condition==

# 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. <Ref> 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. </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, 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. </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>

# The following are examples of groups that constitute a mixture being that the items are different in some of the above respects:

## boiled and roasted chicken have different tastes <ref> Mishna Brurah 319:15 </ref>

### It’s permissible to take full matzah boards from a box which has broken pieces in order to have two full boards for Lechem Mishna even if one does this by taking out one board at a time and putting back the broken boards. <Ref> Shemirat Shabbat KeHilchata 3:28 </ref>

### However, one may not take all the broken pieces out of a stack of matzah’s with whole and broken boards of matzah unless one plans on using all the matzah (broken and whole) for that meal. <Ref> Shemirat Shabbat KeHilchata 3:28 </ref>

## cooked and burnt meats have different qualities <ref> Mishna Brurah 319:15 </ref>

# If only part of the fruit is spoiled one may remove that fruit from a mixture of good fruits. However, an altogether rotten fruit may not be removed from a mixture of good fruits.  <Ref> Shemirat Shabbat KeHilchata 3:25 </ref>

# One may take items from a mixture of two different types but should be careful not to separate the different types by size. For example, one shouldn't assort a basket of apples and pears by separating by size. <Ref> Shemirat Shabbat KeHilchata 3:26 </ref>

# One may separate different items some of which are more aesthetically pleasing from others which are less aesthetically pleasing as long as both objects are equally usable. <ref> Shemirat Shabbat KeHilchata 3:28 </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 their identity. <ref> Shabbos Kitchen (pg 92) </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===

## 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>

===Stacked items===

## different type of plates (or sizes) in a stack

==Separating non-food items==

# One may not select clothes from the cabinet except right before using them, however, it’d be forbidden to take them out of the closet at night for the next morning. <Ref> Shemirat Shabbat KeHilchata 3:68. See, however, 39 Melachos (vol 2, pg 388) who writes that clothes in a closet is not considered a mixture. </ref>

# One shouldn’t remove a book from a bookcase except right before one plans on reading it. It’s permissible to remove the book, read a little in it immediately and leave it for later. <Ref>Shemirat Shabbat KeHilchata 3:69 </ref>

# 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. <Ref> Shemirat Shabbat KeHilchata 3:17 </ref>

===Benchers===

===Filtering tap water on Shabbat===

# If the tap water is drinkable without filtering it is permissible to filter it on [[Shabbat]]. <ref> S”A 319:10, Mishna Brurah 319:34, Shemirat Shabbat KeHilchata 3:56 (in new editions 3:60), Chazon Ish 53 D”H VeIm, 39 Melachos (Rabbi Ribiat, vol 3 pg 520) </ref>Those who hold that one should not drink New York tap water because of copepods, according to many poskim, may filter the water on [[Shabbat]]. <ref>Shemirat Shabbat KeHilchata 3:60 writes that if people don’t drink the water in a certain place because of bugs one shouldn’t use a filter, however, one may drink directly from the faucet without a cup.