Shehiya: Difference between revisions

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>

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