Dateline: Friday Evening Seudah, Dessert: A Bitter Tasting Shabbos
Question #1: Daniel asks you on Monday morning, “We spent last Shabbos at a hotel bearing a proper hechsher, and the coffee was served with small packets of sugar, sweetener, and pareve ‘creamer.’ I always thought that one may not open these packages on Shabbos, so I drank my coffee unsweetened — a bitter experience. What was the hotel relying on?”
Dateline: Shabbos Morning, Bright and Early: A True Family Crisis
Question #2: The Klein family is in crisis this Shabbos morning! Someone finished the box of Sweetios before everyone else ate breakfast! May they open a new box this morning, or are they condemned to a Sweetios-less Shabbos?
Dateline: Shabbos Late Afternoon: Forgot the Flats
Question #3: Judith knocks on the rav’s door Shabbos afternoon. “I purchased disposable flatware for a sheva berachos seudah shlishis, but forgot to open the package before Shabbos. May I open the package on Shabbos? Would it help to recite the magic formula, nicht am Shabbos garet, before doing so?”
Answer:
Daniel, the Kleins, and Judith are all raising common questions regarding the opening of packaging on Shabbos. None of the scenarios above are unusual, and occasionally the entire Shabbos day is filled with such interesting predicaments.
In a different article, I discussed the questions involved in opening cans on Shabbos. I will begin here by reviewing some points mentioned previously.
In that article, we discovered that the laws of Shabbos prevent making a neat opening in a vessel, such as boring a hole in a storage drum (Shabbos 146a). I noted that Rav Moshe Feinstein prohibits opening a milk or juice carton on Shabbos, since creating the spout constitutes making a neat opening (Shu’t Igros Moshe, Orach Chayim 4:78). Does opening a single serve package, a cereal box, or a package of disposable tableware constitute making a neat opening? Does it involve any other Shabbos prohibitions?
Ruining
The previous article also analyzed the law of mekalkeil, literally, ruining, and noted that an act whose direct result is destructive is prohibited only miderabbanan. For example, digging a hole in the ground when one needs the earth but is not interested in the hole is halachically defined as a destructive activity and is therefore prohibited only miderabbanan.
Razing
Razing or demolishing a building in order to renovate it violates a Torah melachah called Soseir. As we learned in the previous article, many authorities understand that demolishing a container is included under this melachah; however, since this activity is usually mekalkeil, it will be prohibited only miderabbanan. For example, although smashing a barrel to obtain its contents constitutes Soseir, since the smashed barrel is mekulkal (ruined), it is prohibited only miderabbanan. Some authorities permit smashing a barrel to obtain the food inside, but most prohibit this (Biur Halacha 314:1). Some conclude that one should not admonish those who do, provided they do not make a neat opening in the process (Aruch Hashulchan 314:8).
All authorities agree that to obtain the food inside, one may break open a mustaki, which is a barrel that was previously broken and then reconstructed in a feeble way using resin as glue. Since a mustaki is not considered a proper vessel, smashing it open to obtain the food inside is permitted, provided one does not make a neat opening in the process (Shulchan Aruch, Orach Chayim 314:1).
Are any of the packages that Daniel, the Kleins, and Judith asked about comparable to a mustaki, which would permit tearing the packaging open for its contents?
“Lulav Baskets”
The previous article also cited the Gemara that permits ripping open a chosal, a type of basket made of lulav branches, in order to access the unripe dates or dried figs stored inside. Although one may not break open containers on Shabbos, one may tear apart a chosal because it is considered an artificial peel or shell around the fruit, and not a vessel (Kolbo, quoted by Beis Yosef and Shulchan Aruch, Orach Chayim 314:8). Just as one may remove the natural peel or shell of a fruit on Shabbos, and it is not considered destroying a vessel, one may remove an artificial “peel” or “shell” on Shabbos. Do any of the above-mentioned packages constitute chosalos? Do non-edible items, such as paper goods, have a halachically-recognized artificial peel?
Tearing through Letters or Designs
In addition to the above questions, several other halachic concerns may arisewhileopening packages on Shabbos. Erasing, Mocheik, is one of the thirty-nine melachos of Shabbos performed in the building of the Mishkan. Each board used in constructing the walls of the Mishkan was marked in order to identify its correct place when the Mishkan was reassembled (Shabbos 103b; Rashi, Shabbos 73a). Sometimes a board was mislabeled, requiring one to erase its numbering and re-mark it.
Drawing a design also constitutes writing and is prohibited min haTorah on Shabbos (Rambam, Hilchos Shabbos 11:17), since the concept of Koseiv is to create a written form of communication. Mocheik means the removal of a communication. When the purpose of the erasing is to allow correct communication to be inscribed in its place, erasing creates a positive result and therefore incurs a Torah violation. Thus, erasing a whiteboard is prohibited min haTorah since the primary purpose in doing so is so that one can write anew on the board. (Some contend that this is prohibited only miderabbanan because the writing on the board is not permanent. This is a topic for a different time.)
Erasing that does not create any direct positive benefit is prohibited only miderabbanan since it is mekalkeil. It is questionable whether erasing because one wants the board to be clean is prohibited min haTorah or only miderabbanan.
Tearing through a letter or through a design is also prohibited as Mocheik (see Magen Avraham 519:4), since one obliterates the lettering or design. However, since tearing through the lettering or design does not make the communication any clearer, this latter type of Mocheik is usually mekalkeil and involves only a rabbinic prohibition. Still, tearing lettering or a design on a package entails a rabbinic prohibition of Mocheik and must be avoided.
However, to avoid any prohibition of Mocheik, it is adequate to tear in a way that one is not deliberately attempting to tear lettering.
Cutting Him Down to Size
Another melachah called Mechateich involves cutting items to a very precise size or shape. Mechateich was performed in the Mishkan when a hide was trimmed to a requisite size, and is also involved when cutting leather to make shoes or when cutting material for a pattern (see Rashi, Shabbos 73a).
If a sugar packet includes markings to advise someone how to open it, does tearing it there violate Mechateich?
Tearing, Korei’ah
One of the 39 melachos of Shabbos is Korei’ah, tearing, which was incurred while weaving the Mishkan’s elaborate tapestry. Artisans sometimes repair a curtain by tearing the woven material and then resewing or reweaving it (Shabbos 75a). Thus, tearing material on Shabbos as a step in manufacturing or repairing involves a Torah prohibition. Is opening packages prohibited because of tearing?
Wine or Brine
Understanding the melachah of Korei’ah presents us with many challenges and certainly requires an article of its own. In this article, I will simply note two cases mentioned in Talmudic sources that appear to involve tearing and yet do not violate the melachah of Korei’ah. In one instance, the Tosefta permits ripping a leather cover attached to a barrel of wine or brine (Tosefta Shabbos 17:9 and Beitzah 3:9). Also, there is a Gemara that implies that tearing a piece of papyrus on Yom Tov in order to grill food on it does not violate Korei’ah (Beitzah 32b). (The Gemara’s word niyar means papyrus and not paper. Paper was unknown in the Mediterranean Basin and Western Asia at the time of the Gemara.)
Why does neither of these cases involve the melachah of Korei’ah? Without going into all the discussion about this melachah, I will share two answers offered to this question:
Some contend that the prohibition of Korei’ah applies only to woven material and therefore does not apply to paper or leather (Gra”z 340:17; Ketzos HaShulchan 145:4). This compares favorably with the source for the melachah of Korei’ah in the Mishkan, which was tearing cloth that required repair or resewing. Others maintain that Korei’ah applies only when both sides of the ripped item will subsequently be used (Biyur Halacha 340:13 s.v. ein shovrin). According to either of these approaches, no prohibition of Korei’ah is involved when tearing the leather cover off a barrel, either because one does not intend to use the cover or because leather is not woven, nor does it apply when tearing papyrus or paper to grill on it when one has no use for the part torn off. Similarly, one would not violate Korei’ah when opening the sugar and cream packets Daniel asked about, or the Sweetios’ cereal box, or the package of disposable tableware. Nevertheless, there are other authorities who prohibit tearing any of these items on Shabbos (Pri Chodosh, Yoreh Deah 118:18).
Did Shabbos’s Coffee Need To Be Bitter?
Now that we have mentioned many of the basic principles involved, let us discuss Daniel’s question: Can one open small packets of sugar, sweetener and pareve “creamer” on Shabbos?
We now know that several halachic issues must be analyzed carefully in order to resolve Daniel’s question.
1. Is opening these packets equivalent either to creating or to destroying a vessel?
2. Is tearing the top of the packet comparable to creating a spout or opening?
3. Does this violate Mechateich, cutting to size, particularly since one usually opens these packages along a premarked dotted line?
4, Can there be any concern of erasing or tearing?
Sugar Bags
The authorities debate whether one may open a bag of sugar on Shabbos. Shemiras Shabbos Kehilchasah prohibits opening such a bag because it is creating a new serviceable vessel and/or a neat opening. He permits access to the sugar only if one rips the bag in a way that destroys it and then empties the contents into a different container. On the other hand, Rav Moshe Feinstein contends that opening a bag of sugar is not deemed creating a new vessel (Shu”t Igros Moshe, Orach Chayim 1:122). In his opinion, a sugar bag is considered a chosal (“peel”), which he defines as any packaging that is not reused for another product; once its product is used, everyone disposes of the chosal. As mentioned above, a chosal is considered to be a “peel” for its contents. Just as one may peel a fruit or vegetable without it being considered making or destroying a vessel, so, too, opening a chosal is not considered making or destroying a vessel.
Single Serve Packets
Regarding single-serve packets, many authorities feel that these are considered chosalos, since they are certainly not meant for reuse after the contents are emptied, and the small packets themselves are flimsy and do not lend themselves to any type of reuse. Those who are lenient feel that there is also no problem with Mechateich, even if one opens the packets along their perforations, since one is not interested in having a packet that has a specific shape or size. The line is there simply to facilitate opening the packet without spilling sugar all over the place.
Erasing
When opening these or any other types of packets, one must be careful to try to not tear any lettering or design, which would involve a rabbinic prohibition of Mocheik. Should one attempt not to tear the lettering or design, and it is possible to tear the package without destroying the lettering or design, one may tear open the package without violating the prohibition of Mocheik. If the lettering tore notwithstanding your efforts, you need not be concerned; Shabbos was not violated.
Korei’ah
In our above discussion, we noted that according to many authorities there is no concern of Korei’ah.
However…
Despite his conclusion that no Shabbos violations are involved in opening any packaging that is disposed of when its contents are finished, Rav Moshe concludes that one should always open these packages before Shabbos since people might misunderstand the laws and mistakenly open packaging that is prohibited (Shu”t Igros Moshe 1:122:10). Many other authorities quote similar positions (Kaf HaChayim 314:38; Minchas Shabbos 80:164:9; Minchas Yitzchak 4:82:38). However, if someone is making a sheva berachos or invited guests and finds, to his embarrassment, that he does not have enough food to serve, Rav Moshe permits having a gentile open the packages on Shabbos (Shu”t Igros Moshe 1:122; for a similar approach, see Shu”t Chelkas Yaakov 3:8). Presumably, having a gentile open them under these circumstances will significantly reduce the risk of future error.
Other authorities are less concerned about the human error problem and permit opening such types of packets on Shabbos (Shulchan Shelomoh). Thus, the hotel that served Daniel these condiments in unopened, single-serve packages held that they could allow its guests to rely on these opinions.
The Kleins’ Cereal Box
At this point, we can try to resolve the crisis at the Klein’s breakfast table. May they open the new cereal box or may they not?
Opening the box is presumably not creating a new vessel – the box existed before it was glued shut. Here the question is whether tearing the glue that seals the box violates Shabbos.
One may not glue items together on Shabbos; therefore, ripping apart a glued item also violates Shabbos (Rambam, Hilchos Shabbos 10:11). Thus, some authorities contend that opening the cereal box is forbidden since one tears apart two sides that are glued together. The same problem is encountered when opening the bag inside the box. A differing position maintains that the prohibition of tearing apart a glued item applies only if one uses a strong permanent paste such as that used in binding, not the type used to close the top of the box (Nimla Tal, Meleches Korei’ah #17).
On the other hand, if we look at this box and the bag inside as chosalos whose entire purpose is to be a “peel” for the cereal, one may open them. It may be prohibited to make a neat opening, but this is not a major concern for five-year-old Yanki Klein, who is only interested in accessing his Sweetios and not about the condition of the bag. Again, one should try not to tear any lettering in the process. Also, many authorities still rule that one should avoid doing this on Shabbos since the laws are very complicated and people may err. I refer the Kleins to get halachic guidance on this issue from their posek.
By the way, many packages are stuck together with very light glue. My wife mentioned that this is common practice for packages of ladies’ socks and disposable tableware. Many authorities feel that opening this type of glue is not considered Korei’ah, and I refer the reader to his/her rav for halachic guidance.
Sheva Berachos Flatware
At this point, I would like to look at our last question: May one open packages of disposable flatware on Shabbos?
Opening this kind of packaging does not involve creating or destroying any vessel since the package never was and never becomes a vessel. There is also no problem of Mechateich for the same reasons mentioned above. Some authorities prohibit opening this package because of Korei’ah, and others contend that there is no heter to consider this a chosal, since the product is not edible. However, many authorities permit opening packages of napkins or disposables (see Shulchan Shelomoh 314:4:4; Orchos Shabbos 12:23 and footnote 37).
Nicht am Shabbos Garet
I presume that we are all aware that there is no magic formula, such as nicht am Shabbos garet, which permits doing anything on Shabbos that is otherwise prohibited.
We can now understand well why, after writing a lengthy responsum on the subject, Rav Moshe Feinstein still concluded that one should not open these packages out of concern that people will violate the laws involved. Creating a beautiful Shabbos entails much planning and organization. It is worthwhile that one’s preparation for Shabbos should include opening packages, perhaps even immediately when bringing the items home from the store before placing them on the shelf. Studying all the melachos of Shabbos helps us appreciate Shabbos more and get the maximum joy out of this special day.
