Shehiya: Difference between revisions

# A modern day oven is considered a Kirah (and so requires one of the five requirements to be fulfilled.) <ref> Sh”t Igrot Moshe 4:74:26 considers a modern day oven to be considered like a Kirah. So rules Orchot [[Shabbat]] (2:15, vol 1 pg 67), Laws of [[Shabbat]] (Rabbi Shimon Eider; vol 4 pg 327), and [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 53). However, Sh”t Az Nidbaru 4:18 considers it be a Tanur based on the heat of a modern oven. </ref>

* Seemingly there’s no simple way to make an interposition for the oven in order to leave food in it before [[Shabbat]]. However, Sh”t Igrot Moshe 4:74:27 considers a metal 4 sided box to be an adequate cover and recognition. So rules the [[Shabbos]] Kitchen.  

# If the food [[cooking]] is raw meat or there’s a piece of raw meat in a the food it’s permitted to leave it on the fire from before [[Shabbat]]. <Ref> S”A 253:1 writes that if the food is raw or there’s a piece of raw food in a pot it’s permissible to leave the food on the fire from before [[Shabbat]]. Mishna Brurah 253:9 specifies a piece of meat. So rules Laws of [[Shabbat]]</ref>  

# There’s a dispute whether our stoves nowadays fueled by oil also have the issue of Shehiya or not. Because of the old Minhag to be lenient one has what to rely on to leave food on a gas fire if the food is half cooked<ref>There is dispute between Rashi and the Rambam how to define Machal Ben Dursai. The Rambam Shabbat 9:5 writes that the definition is half cooked and (Shabbos 20a s.v. ben drusai) holds it is a third cooked. Mishna Brurah 253:38 writes that one should be strict not to leave food on the fire unless it is half cooked. He adds that in an extenuating circumstance one can be lenient to rely on the opinion that Machal Ben Dursai means one-third cooked.</ref> and the food is meant to be eaten the [[Shabbat]] day and not that night. <Ref> Our stove nowadays fueled with gas or oil which don’t leave over coals seemingly shouldn’t be included in the laws of Shehiya. However some argue that since the flame that can be raised it’s forbidden because of the Gezerah just like a fire fueled with wood chips. Sh”t Panim Meirot 1:84 says a portable stovetop with a flame fueled by alcohol which can be raised by manipulation is forbidden because of the Gezerah. Sh”t Maharsham 3:165, Sh”t Amrei Yosher 2:171, Sh”t Maharam Brisk 2:76, Sh”t Esei HaLevanon O”C 11, Sh”t Shoel VeNishal 1:36, Sh”t Vayomer Boaz 18, Sh”t Divrei Chizkiya 1:2 pg 12 quoting Mahari Sharim, and Shaarei Teshuva 254:7 (s.v. Mipneh) concur. [Biur Halacha 253:1 s.v. Afilu Eina Garufa who is in doubt whether it’s permissible to leave food on a Kirah that’s heated by straw and stubble only if the straw and stubble have been consumed prior to [[Shabbat]] or it’s permissible even if there’s a lot of fuel to last a long time. If so, it seems clear that the same doubt would apply to the case of a flame continuously fueled by oil.]

Second source to forbid: Bear Yitzchak (Introduction to Kodshim) writes that he asked the Goan MeBrisk about leaving a container of water by an oil stove and he was answered that it’s totally forbidden as by the hot water container mentioned in Yerushalmi ([[Shabbat]] 3:3e), that forbids it since the walls of the container remain hot. Bear Yitzchak continues that Rav Zonenfeld asked Rav Yacov Elishor why he didn’t protest the Minhag some Sephardim had to leave a container of water by an oil stove and was answered that he didn’t have the power to protest this bad Minhag. Those who don’t apply the Gezerah to a modern stove: 1)Sh”t Maharshag 2:50 argues that since Chazal didn’t make a Gezerah about the case of a flame fueled by oil we shouldn’t make a Gezerah. Chazon Ovadyah ([[Shabbat]] 1 pg 48) quotes Yadei Chaim pg 200 who explains that even if something is very similar to a modern example we can’t extend the Gezerot of Chazal like the Rishonim were able to, thus modern day stoves such be permissible. Sh”t Tzitz Eliezer 2:7 (quoting Rav Tzvi [[Peasch]] Frank) based on a Yerushalmi (Shevit 2:4) concurs. 2) Sh”t Igrot Moshe O”C 1:93 distinguishes between stoking the coals for which the Rabbis made a Gezerah and adding more fuel which the rabbis didn’t make a Gezerah, and so a oil stove isn’t an issue of stoking coals and the issue of increasing the fire is permitted. This idea is applied elsewhere in Sh”t Yacheve Daat 6:20. 3) Additionally, Gedolei Tzion 9:11 (quoted by Sh”t Tzitz Eliezer 7:16(3) and Sh”t Yachave Daat 6:20) and Sh”t Kochavei Yitzchak 3:37(4) say that the Gezerah only applies to coals which constantly flicker and get close to going out, but an oil stove where the fire is constant there shouldn’t be a Gezerah. Sh”t Tzitz Eliezer 7:15(3) writes that even the Chazon Ish (Sefer Moed Siman 37) who forbids a modern stove by Chazarah didn’t even entertain the idea of forbidding it for Shehiyah. Rejection of the second source: On the other hand, Chazon Ovadyah ([[Shabbat]] 1 pg 49) rejects the proof from the Yerushlami based on Ritva (Shabbbat 41a; I searched and was unable to find this Ritva, but found it that quote in the Chiddushei Ran), who explains that water that’s totally cooked is even allowed to be left on a Kirah or a Tanur but the problem of a water container is that it was made of metal pieces and if the water evaporates one may come to add more water in fear that the fire will make the container fall apart. So writes Maginei Shlomo ([[Shabbat]] 41a) in name of Rashi. Chazon Ovadyah concludes that had Rav Yacov Elishor seen the Ritva and Poskim who permit he would have rejoiced to defend the Minhag! Sh”t Tzitz Eliezer 7:15(1) (quoting Sh”t Maharsham 3:165) also rejects the proof from the Yerushalmi because we don’t pasken like the Yerushalmi since it’s not mentioned in the Bavli.  </ref>