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Borer: Difference between revisions
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# 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> | # 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> | ## 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> | ||
## Separating with a vessel | ## Separating with a vessel used for separating such as a strainer or a sieve is a violation of Borer. Even if one takes the food from the refuse for immediate use, nonetheless, one violates Borer on a Deoritta level. <Ref> Mishna Brurah (319 introduction). </ref> | ||
## Separating to eat the food after some time. Even if one separates with one’s hands the food from the refuse, one still violates Borer on a Deoritta level. <Ref> Mishna Brurah (319 introduction). </ref> | ## Separating to eat the food after some time. Even if one separates with one’s hands the food from the refuse, one still violates Borer on a Deoritta level. <Ref> Mishna Brurah (319 introduction). </ref> | ||
==Separating for other people== | ==Separating for other people== | ||
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# 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 Shabbos Kitchen (pg 103) </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 Shabbos 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> | # 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>Shabbos Kitchen (pg 103) in name of Rav | # 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>Shabbos Kitchen (pg 103) in name of Rav Scheinberg </ref> | ||
====Taking refuse from the food==== | ====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> | ||
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# 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) | # 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) based on Tosafot Shabbat 74a d"h "hay lifanav shnei mini ochlin" argues that it’s a definite violation of Borer to separate the two foods. Or Letzion (vol 2 chap 31 note 4), Menuchat Ahava, and Shabbos 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> Shabbos 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> Shabbos Kitchen (pg 103), Shemirat Shabbat KeHilchata 3:65 </ref> | ||
===Examples=== | ===Examples=== | ||
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# 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 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> | # 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 | # 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 Tosefet [[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 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 | # 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== | ==Alternative ways to permit Borer== | ||
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# However, if the items are readily distinguishable because of a clear and striking difference of consistency or structure are not considered a mixture. For example, meatballs in sauce is not a mixture. <ref>39 Melachos (vol 2, pg 391) </ref> | # However, if the items are readily distinguishable because of a clear and striking difference of consistency or structure are not considered a mixture. For example, meatballs in sauce is not a mixture. <ref>39 Melachos (vol 2, pg 391) </ref> | ||
===Items that are close=== | ===Items that are close=== | ||
# A group of objects are considered a mixture if the individual items | # A group of objects are considered a mixture if the individual items lose their identity as individuals and the items are seen as a group and not individuals. This includes examples such as | ||
## beans, barley, potato, and meat in a chulent, | ## beans, barley, potato, and meat in a chulent, | ||
## mixed nuts in a bowl, | ## mixed nuts in a bowl, | ||
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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 | # 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 lose their identity. <ref> Shabbos Kitchen (pg 92) </ref> | ||
# 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> Shabbos Kitchen pg 91 writes that we are very strict by borer since it's possible to violate borer on a deoraitta level by lacking just one the three requirements. </ref> | # 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> Shabbos Kitchen pg 91 writes that we are very strict by borer since it's possible to violate borer on a deoraitta 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> | ||
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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 separate the items that are attached except at the | # It's permissible to separate the items that are attached except at the junction of their connection (as opposed to close items where even the outer items may not be separated). For example, it's permissible to cut away fat on meat if one leaves a sliver of the fat attached to the meat. <ref> Shabbos 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), Shabbos 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), Shabbos Kitchen (pg 94-5) </ref> This includes the following examples: | ||
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# One shouldn’t remove bare bones from one’s plate when there’s other foods right next to it, rather they should be left as is on the plate. <Ref> Shemirat Shabbat KeHilchata 3:14 </ref> | # One shouldn’t remove bare bones from one’s plate when there’s other foods right next to it, rather they should be left as is on the plate. <Ref> Shemirat Shabbat KeHilchata 3:14 </ref> | ||
===Chicken Skin=== | ===Chicken Skin=== | ||
It is permissible to remove chicken skin from chicken on [[Shabbat]] right before eating. | It is permissible to remove chicken skin from chicken on [[Shabbat]] right before eating. <ref> Rama 321:19 writes that one may only peel an onion right before eating it. Magen Avraham 321:30 writes that the same is true of peeling an apple because it is a form of Borer. Pri Megadim A”A 321:30 asks that peeling apples shouldn’t be considered Borer because most people eat the peel. Therefore, Rav Ovadyah in Chazon Ovadyah (vol 4, pg 195) and Yalkut Yosef ([[Shabbat]] vol 3 pg 304) rules like the Magen Avraham and only permits removing chicken skin right before eating. Ayil Meshulash (6:17) quoting Rav Elyashiv, Sh"t Bear Moshe 6:47 and Sh"t Az Nidbaru 7:16(1) agree. | ||
* Igrot Moshe 4:74 (Borer #8) writes that the halacha follows the Magen Avraham and not the Pri Megadim, however, chicken skin is a part of the chicken completely and removing it is like cutting a piece of chicken which is permitted even not immediately prior to eating unlike apple peels. Sh"t Rivevot Efraim 5:267 agrees. Orchot [[Shabbat]] (vol 1, 3:93, pg 166) writes that Rav Moshe was writing in a place where everyone would eat chicken skin, however, in Israel it may only be removed right before the meal like fruit peels. The English translation of Shemirat Shabbat KeHilchata 3:30 adds that whether chicken skin is usually eaten depends on each locality. However, Chut Shani (vol 2, pg 81) writes it’s possible to say since it’s totally food and it’s only because we’re spoiled we don’t eat it, it shouldn’t be considered waste, nonetheless, he concludes that one should remove it before the meal. | * Igrot Moshe 4:74 (Borer #8) writes that the halacha follows the Magen Avraham and not the Pri Megadim, however, chicken skin is a part of the chicken completely and removing it is like cutting a piece of chicken which is permitted even not immediately prior to eating unlike apple peels. Sh"t Rivevot Efraim 5:267 agrees. Orchot [[Shabbat]] (vol 1, 3:93, pg 166) writes that Rav Moshe was writing in a place where everyone would eat chicken skin, however, in Israel it may only be removed right before the meal like fruit peels. The English translation of Shemirat Shabbat KeHilchata 3:30 adds that whether chicken skin is usually eaten depends on each locality. However, Chut Shani (vol 2, pg 81) writes it’s possible to say since it’s totally food and it’s only because we’re spoiled we don’t eat it, it shouldn’t be considered waste, nonetheless, he concludes that one should remove it before the meal. | ||
* However, Shemirat Shabbat KeHilchata 3:30 (in new editions 3:34) writes that the Magen Avraham held most people don’t eat apple peels but fundamentally he agrees with the Pri Megadim; thus, he rules, since most people eat chicken skin one may remove it even not right before the meal. However, he adds that some are strict based on the Magen Avraham. See further Menuchat Ahava (vol 2 7:13) and Shabbos Kitchen (pg 114). | * However, Shemirat Shabbat KeHilchata 3:30 (in new editions 3:34) writes that the Magen Avraham held most people don’t eat apple peels but fundamentally he agrees with the Pri Megadim; thus, he rules, since most people eat chicken skin one may remove it even not right before the meal. However, he adds that some are strict based on the Magen Avraham. See further Menuchat Ahava (vol 2 7:13) and Shabbos Kitchen (pg 114). | ||
