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Revision as of 14:06, 26 December 2012 by YitzchakSultan (Text replace - "Hagot " to "Hagahot ")
Insulating with material that preserves heat before Shabbat
- One is not allowed to insulate a food before Shabbat with material that preserves heat such as olive peals, sesame, salt, lime, or sand as a Gezerah that one will come to insulate with coals and stoke them. 
- It’s permitted to insulate before Shabbat with material that doesn’t preserve heat like clothing or cloth. 
- Even though one can insulate food before Shabbat which is cooked Machal Ben Dursai, some say one can’t insulate it with clothes on top and coals on bottom because the insulation with the coals keeps the heat, but some permit. The Minhag is to be lenient in this regard. 
- There is no issue of insulating food without food without any separation. 
- Before Shabbat, some say that one can leave fully cooked food in a plastic, nylon, or aluminum bag in an pot of hot food (such as kuggel in chulent), however, some forbid because of Hatmana. .
Insulating on Shabbat
- On Shabbat, one is not allowed to insulate food (cooked or raw) from all sides even if one uses material that doesn’t preserve heat like clothing or cloth because of the Gezerah that one will find the food cold and come to heat it up. 
- It is forbidden to immerse an unopened can in hot water even if it’s fully cooked and even if the water is off the fire. 
- According to Ashkenazim, it’s permissible to insulate a pot that’s on the fire if the insulation doesn’t come into contact with all (6) sides of the pot only if the food is fully cooked and the food is liquid it must still not have completely cooled. 
- It’s permissible to insulate a Kli Sheni with cloth. 
- It’s permitted to insulate on Shabbat with material that doesn’t preserve heat like clothing or cloth cold food to remove its coldness (not to actually heat it up) or to prevent it from getting colder. 
- Leaving food in a crock pot from before Shabbat is permitted if the food is cooking for Shabbat day and the knob is covered. 
- Many permit pouring hot water from a Kli Rishon into a thermos on Shabbat as long as the thermos is completely dry before pouring into it. 
- If a pot was wrapped in a permissible manner before Shabbat, it’s permissible to uncover and rewrap it on Shabbat, or add warmer clothes. 
- S”A 257:1,3, Shemirat Shabbat KeHilchata 1:65
- Shemirat Shabbat KeHilchata 1:65
- Shemirat Shabbat KeHilchata 1:65, implied from S”A 257:1,3
- Shemirat Shabbat KeHilchata 1:65
- The Gemara (34a) allows one to insulate with material that doesn’t preserve heat and clothing are a material that doesn’t preserve heat as in Shabbat 48a. When Hatmana on it’s own doesn’t preserve heat but keeps in heat because of another source (that besides the cover of clothing, the food is on a Garuf or Katum stove) there is a dispute in the Rishonim if there’s an issue of Hatmana. Ran (Shabbat Bameh Tomnin) in name of Rabbenu Yonah and Rashba that if the insulation preserves heat because of an external source it is forbidden as Hatmana because the insulation shows one is concerned about keeping the food warm. However the Ramban permits if the Hatmana is done with permitted material and the Shehiyah (leaving food on a covered stove from before Shabbat) is done in a permitted way because these are two separate Gezerahs (the Gemara 47b which seemingly prohibits putting an insulated pot on permitted stove is only forbidden because the food is put directly on the coals but if there’s a space of air in between the coals and the food it’d be permitted.) Ran (22a D”H VeMinhagenu), Nemukei Yosef (Shabbat Lo Yachpor), Rabbenu Yerucham (pg 68c), and Meiri (Shabbat Perek Kirah pg 142 D”H Zu Hiy) write that the Minhag is like the Ramban. Ritva 47b mentions the Ramban and adds that some are strict to make a separation between the clothing and the pot (as that’s not the usual way to insulate) but concludes that he prefers a different stringency which is putting the pot on top of a cover that separates between the pot and stove. S”A 257:8 rules “even though Shehiyah is permitted in certain cases (S”A 253) if the pot is covered with clothes even though it is a material that doesn’t preserve heat it’s forbidden to be left on the fire. However if the clothes aren’t touching the pot it’s permitted. Thus, if the pot isn’t touching the coals it’s a permissible Shehiyah and if one puts a wide vessel that doesn’t touch the sides of the pot one can put on top of it clothing.” Minchat Cohen (Mishmeret Shabbat 8) explains that S”A requires both requirements 1)the pot doesn’t touch the coals and 2) the clothes don’t touch the sides of the pot [while the Levush explains the S”A only requires one stipulation]. Sh”t Chut MeShulash 8, Shaarei Yeshua 5:8, and Sh”t Divrei Moshe 64 say that the Minhag has what to rely on even though S”A was strict. Sh”t Zechur LeYitzchak 74 pg 113b brings the opinion of Maharar Moshe Ben Chaviv who says the Minhag has what to rely on based on the Ramban and the opinions that there’s no issue of Hatmana if the food is cooking for Shabbat day; nonetheless, Zechur LeYitzchak suggests that since the Minhag predates S”A it can continue, but concludes that one should be strict like S”A. Eretz Chaim 257, Memei Shlomo 257, Sh”t Yaskil Avdi 3:10(4:7), Gedolei Tzion 9:11 also quote the Maharar Ben Chaviv and Chazon Ovadyah (Shabbat 1 pg 56; as in Sh”t Yabea Omer O”C 6:33) conclude that one can be lenient.
- Shemirat Shabbat KeHilchata 1:72
- Chazon Ish 37:32 rules that a vessel inside a pot of hot water doesn’t have an issue of Hatmana. Even though, Aruch HaShulchan 258:3 and Sh”t Shevet HaLevi 3:47 argue on the Chazon Ish, Chazon Ovadyah (Shabbat 1 pg 62) says one can rely on the Chazon Ish to be lenient, especially if the food is fully cooked (for which Rama 257:7 permits Hatmana). Sh”t Shevet HaLevi 8:15(4) says that there is what to be lenient since the bag is only separating the food inside it but it would have been hot from the pot nonetheless. Sh”t Vayeshev Moshe (Zanger) O”C 19 adds that the bag or aluminum isn’t a real vessel that separates the food inside it. Rav Shlomo Zalman in Sh”t Minchat Shlomo (2:34(20) in Ostrot Shlomo version), Sh”t LeHorot Natan O”C 12, Kovetz Or Yisrael 5:23, Sh”t Shraga HaMeir 4:63, 6:3, Megilat Sefer on Shabbat 4:13, Sh”t Kinyan Torah 4:24, Sh”t Az Nidabru 6:78, Sh”t Or Letzion 2:17(13), and Sh”t Maaseh Nisim 163 agree that there’s no Hatmana in our case of a food within another food since it’s not meant to be totally separate. [Even though Shemirat Shabbat 42:63 is strict regarding materials that don’t allow liquid through such as plastic, nylon, and aluminum, however in the new edition there’s a retraction in 1:87 quoting Rav Shlomo Zalman to permit in all circumstances.] Meor Shabbat 3 pg 519, and Menuchat Ahavah 1:3(27) are somewhat strict on the issue, the Minhag is to be lenient on this issue.
- S”A 257:1,2, Shemirat Shabbat KeHilchata 1:65
- Shemirat Shabbat KeHilchata 1:65
- Shemirat Shabbat KeHilchata 1:66
- Shemirat Shabbat KeHilchata 1:68
- In Shabbat 51a, Rav Yehuda in the name of Shmuel says that it’s permitted to insulate cold food. Rashi (Shabbat 51a) explains that it’s permitted to keep it cold and there’s no Gezerah of Hatmana, implying that heating up cold food even with insulation of material that doesn’t preserve heat is forbidden. Mahari MeLunil 51a, Ravan 346, Ravyah 202 pg 287, and Rabbenu Yishaya MeTeranayah pg 294 concur with Rashi. However Rambam, (Shabbat 4:4) permits insulating the cold food even to remove its coldness. Rashba 51a in name of the Geonim, Ran 23b, Nemukei Yosef 51a, and Rabbenu Yerucham pg 68c in name of Tosfot agree with the Rambam. S”A 257:6 rules like the Rambam.
- Reasons to permit: 1)There are some Rishonim that permit Hatmana if the food is meant to be eaten the next day. [Shibolei HaLeket 57 in name of Rabbenu Simcha says that Shehiya is permitted if a person has two pots and the one that’s cooking for Shabbat day is separate from the pot cooking for Friday night. Rabbenu Binyamin (quoted by Shibolei HaLeket), Mordechai (Shabbat 3:300), Rabbenu Yishaya HaRishon (Shabbat Bameh Tomnin), and Ravan (Shabbat 338) concerning Hatmana allow something that is set aside for the next day.] Rama 257:1 rules like these opinions. However Bet Yosef 253:1(4) concludes that this seemingly goes against many of the Mefarshim that are brought in the following Siman. 2) There is a dispute in the Rishonim whether there is Hatmana when the food is touching the coals even though the food itself isn’t covered. S”A 253:1 end of saif rules (based on Rosh (Shabbat 3:1), Tur 253:1, Ran 15b D”H Kirah, and Magid Mishna 3:4 in name of Rambam) that if the pot is touching the coals directly it’s forbidden to do hatmana in any case. However Rama 253:1 says that there are those who permit (namely, Mordechai (Shabbat 299, Hagahot Maimon 7:20, and Or Zaruh 2:8 pg 3c) and so is the Minhag. Chazon Ish 37:19 argues on this Rama and follows S”A. Some distinguish between the pot directly on the coals and where there’s a small airspace in between including Mishna Brurah (Shaar Tzion 257:43) and Shulchan Aruch HaRav 257:10 (based on Ritva Shabbat 47b). Thus, Chazon Ovadyah (1 pg 64) argues that the small airspace is reason to permit even according to S”A, while Shulchan Shlomo 257:13 doesn’t consider the airspace as an interference between the coals and the pot because that’s the way it cooks. Those who permit: Rav Vosner (Kovetz MeBet Levi 9, Shabbat LeYisrael pg 373), Sh”t Shevet HaLevi 9:52, and Rav Moshe Feinstein (Sefer Otzrot HaShabbat and Sefer Matmin UMevashel Beshabbat quote it in his name) permit (according to the Rama). Chazon Ovadyah (Shabbat 1 pg 64) permits according to S”A based on a Safeka Safeka, and the small airspace, as long as one covers the knob to serve as a reminder. [see http://www.dailyhalacha.com/Display.asp?ClipDate=8/24/2008 who quotes Rav Ovadyah.] Those who forbid: Rav Shlomo Aurbach in Shulchan Shlomo 257:13 forbids. Rav Elyashiv commonly quoted “in his name” (as in Sefer Otzrot HaShabbat and Sefer Matmin UMevashel Beshabbat) as forbidding the crock pot, however Shbbat hayom recounts that he and his friend Rabbi Ofir Malka showed Rav Elyashiv the pot and Rav Elyashiv permitted it according to the Rama.
- Shalmei Yehuda 6:4 quoting Rav Elyashiv, Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Shemirat Shabbat KeHilchata 1:70, and Sh”t Igrot Moshe 1:95 permit pouring hot water from a Kli Rishon into a thermos and there would be no issue of Hatmana. However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, the thermos should be considered a Kli Sh’Melachto LeIssur.
- Shemirat Shabbat KeHilchata 1:67