Opening Bottles, Cans, and Packages: Difference between revisions

* '''Soseir''': Mishna in Shabbos 146a says that it is permissible for someone to break open a barrel on Shabbos in order to get to the food inside, as long as he doesn’t have intent to make a new vessel. The Gemara Beitzah 33b explains that R’ Eliezer must read this Mishna as a case where the kli is “mustaki”, which Rashi describes as a kli that had been broken and was then put back together. Only for this type of kli does the Mishna say it’s permissible to be soseir, but for regular keilim it would be forbidden. Tosfos in Shabbos 146b and Eiruvin 34b, as well as the Rosh in Eiruvin 3:5, say that this assumption of mustaki is not only for Rabbi Eliezer but even for the Rabanan. Rashi however, does not seem to make this assumption, and presumably would explain that the reason our Mishna says it’s permitted to break open the barrel is because of the din that there is no prohibition of boneh or soseir by keilim (Rashi Shabbos 122b). (Rashi’s formulation on 146a seems to say it’s permitted because it’s mekalkeil, a destructive action but many Rishonim have difficulty with Rashi, because mekalkeil is patur aval assur, not permitted. The Rashba and Ran explain that Rashi holds mekalkeil becomes permitted lchatchila when it’s l’tzorech shabbos. See Biur Halacha 314 “Assur L’Shavra” who strongly disagrees with this leniency). The Shulchan Aruch (OC 314:1) paskins like Tosfos and the Rosh, that specifically by mustaki we say that there is no prohibition of soseir. Therefore, according to the S”A, the only case where one avoids the issur of soseir is if the container is comparable to mustaki.<br/> Rav Ovadia Yosef (Yechaveh Daat 2:52) notes that the Rambam (Hil’ Shabbos 23:2) and the Rif (Shabbos 146a) both paskin like Rashi in this sugya and not like Tosfos (it should be noted that there is a debate about what the psak of the Rambam is). The Korban Nesanel (Shabbos 146a) and others comment that it is strange that the S”A paskins like Tosfos, against the Rambam and Rif. Rav Ovadia assumes that had the S”A known about the psak of the Rif and the Rambam he would have paskined that there is no issue of soseir at all, like Rashi. Rav Ovadia therefore concludes that there is no issur of soseir at all by opening containers.<br/>  

# Ashkenazic poskim hold that one may not open a bottle with a metal cap for the first time on [[Shabbos]] because removing the cap separates the ring from the cap and makes the cap into a useable vessel. One may make a hole using a knife in the cap if there aren’t letters or pictures on it so that makes it unfit for a cap afterwards and then one may open the bottle. <Ref> Shemirat [[Shabbat]] KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6). [39 Melachos (Rabbi Ribiat, vol 3, pg 841) writes that a less preferable option is to twist off the cap and discard it immediately (and it may be useful to have another cap handy).]</ref> However, it’s permissible to open a bottle with a plastic bottle cap (because it had the form of a cap before it was attached).<ref> Shemirat [[Shabbat]] KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6). [39 Melachos (Rabbi Ribiat, vol 3, pg 841) writes that a less preferable option is to twist off the cap and discard it immediately (and it may be useful to have another cap handy).] Rav Shlomo Zalman explains that it is forbidden to open a bottle cap for the first time on Shabbos because in the process one is creating a new kli, i.e. a bottle cap that can now be used to cover bottles. While it was attached to the bottle it was not yet a kli, because it could not be screwed on and off of a bottle, which Rav Shlomo Zalman considers the key function of a bottle cap. (Minchas Shlomo 2:32) Also, if one was to break the bottle and slide off the cap as is, without breaking off the ring, it would not be functional as a cap at all. (Minchas Shlomo 1:91:12)<br/> However, Rav Shlomo Zalman distinguishes between a metal bottle cap and a plastic bottle cap. The above issues are all in regards to a metal bottle cap. A plastic bottle cap is different, because the ring is thinner, and majority of it is not attached to the cap. Therefore, it is recognizable that the ring is a separate entity from the cap itself and is meant to be removed. Based on this, Rav Shlomo Zalman paskins that it is forbidden to open metal bottle caps and permitted to open plastic bottle caps.<br/> Rav Ribiat thinks that the plastic caps that Rav Shlomo Zalman allows, which were from Eretz Yisrael, are different from the plastic caps that we have in America. (39 Melachos Makeh B’Patish footnote 96c). See Meor HaShabbos page 482 who offers a new leniency for plastic caps after researching the production of plastic soda bottles.</ref> Some poskim are strict even with plastic <ref> Rav Elyashiv (quoted in Orchos Shabbos Perek 12 footnote 31 says that they are all assur to open. Rav Elyashiv holds it’s forbidden to open both metal and plastic caps because of mechateich. Also, Rav Nissim Karelitz (Chut Shani 2:37) says that even by plastic there is an issue of metakein kli. </ref> Some Ashkenazic poskim and Sephardic poskim hold it’s permissible to open bottles with metal or plastic caps but add that one who is strict to open them before [[Shabbat]] will be blessed. <ref> Rav Ovadia Yosef in Sh"t Yechave Daat 2:42 and Yalkut Yosef (vol 2, pg 517, 675). Rav Ovadia Yosef disagrees with both points of Rav Shlomo Zalman. He thinks that even while the cap is attached to the bottle it is considered a kli since it is covering the bottle (Yechaveh Daat 2:42). Also, if you would be able to take it off without breaking the ring, even though it wouldn’t fit over a bottle of the same size, it would technically still be usable to cover (albeit not via screwing) a smaller bottle. (Response to Rav Shlomo Zalman quoted in Yalkut Yosef Shabbos Krach Bet 314:18:20) Additionally, the Magid Mishnah (Hil’ Shabbos 12:2) holds that metakein kli is completely permitted if you don’t have intent. Combining his above reasoning with the Magid Mishnah’s leniency, Rav Ovadia paskins that it is permitted to open bottle caps for the first time on Shabbos. Rav Shlomo Zalman disagrees with Rav Ovadia's application of the Magid Mishnah. He explains that even though your main intent is for the drinking, it’s also on your mind to make a cap that would be usable in the future. Nonetheless, Rav Ovadia paskins that it is permitted, and does not differentiate between metal and plastic bottle caps. See also Rabbi Mordechai Willig’s opinion in Am Mordechai ([[Shabbat]], Siman 29, pg 161). Rav Willig agrees that it is permitted. The bottle cap was a kli even before you broke off the ring, and the issur metakein kli is only when you create a kli, not when you merely alter the function of a preexisting kli. (Am Mordechai Siman 29:3) </ref>