Curious Kiddush Shaylos

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The Torah commands us to declare the sanctity of Shabbos, a mitzvah we fulfill when we recite kiddush before beginning the meal. Simple as this mitzvah appears, it sometimes involves interesting shaylos.

We recite kiddush before the seudah at night and also Shabbos morning. The Torah mitzvah of kiddush is fulfilled at night and has two brachos, one on the wine and the other is the special kiddush bracha. The daytime kiddush was instituted by Chazal in order to demonstrate that because the Shabbos meals are special we drink a cup of wine beforehand. (The psukim that we recite before this kiddush are a later minhag, presumably to emphasize that we are reciting kiddush.) One is forbidden to eat or drink before reciting kiddush. The poskim dispute whether an ill or weak person who eats before davening should make kiddush before doing so or after. There is also a dispute whether a woman makes kiddush before eating breakfast on Shabbos morning or whether she does not need to make kiddush until she eats later with her husband.

Someone who failed to recite the full kiddush at night for some reason, must recite it before or during one of the Shabbos day meals (Shulchan Aruch, Orach Chayim 271:8). We will later discuss an interesting application of this rule.

One can fulfill the mitzvah of kiddush either by reciting it oneself or hearing it from someone else who recites it. This happens when the head of the household recites kiddush for everyone at the table. Everyone is yotzei kiddush, he by reciting it and everyone else by hearing it. This is referred to as the baal habayis being “motzi” the others in their mitzvah.

Several requirements must be met in order to fulfill the mitzvah through hearing someone else’s kiddush. One of the requirements is that the person reciting kiddush must be obligated in the mitzvah. For this reason, only an adult can be motzi other adults.

When I was twelve-years old, I once spent Shabbos with my widowed grandmother, a”h. She wanted me, as the “man” of the house, to recite kiddush, and I was happy to oblige. Years later it occurred to me that my recital did not fulfill her obligation to fulfill the mitzvah of kiddush since I was under bar mitzvah at the time.

HEARING KIDDUSH

The people fulfilling the mitzvah must hear the kiddush. Therefore, if the baal habayis mumbles inaudibly they do not fulfill the mitzvah. Trying to solve this problem can sometimes create shalom bayis issues or hurt someone’s feelings. A rav’s direction may be very helpful.

Someone once asked me the following shaylah. His father-in-law recited kiddush in a very garbled manner. Even if his father-in-law indeed recited a full kiddush, he (the son-in-law) did not hear enough to be yotzei. How could he fulfill the mitzvah of kiddush without hurting anyone’s feelings ?

I proposed two possible suggestions. One was to find some practical excuse why he (the son-in-law) should recite his own kiddush after his father-in-law (such as this is his personal custom). Alternatively, if this is not a practical solution, he and his wife could discreetly make kiddush in their own room beforehand. (Of course, this solution will not help when their children get older.) Later in this article, we will discuss whether one can recite kiddush in one room and eat in another.

KEEP THEM IN MIND

It is necessary that the person making kiddush intend to be motzi those who want to fulfill the mitzvah, and they must have intent to fulfill the mitzvah with his recital. This leads us to a curious situation that once happened to me.

I was visiting the Schwartzes (Note: all names have been changed) for Shabbos and they honored me to recite kiddush first – or so I thought. I assumed that I was reciting kiddush for myself and that the baal habayis would then recite kiddush for his family. However, upon completing my kiddush, it became clear that the family had assumed that I had made kiddush for them as well. But since this was not my intention, they were not yotzei.

It turned out that the head of household was embarrassed to recite kiddush in my presence. Under the unusual circumstances, I may well have ended up reciting kiddush twice, one right after the other, because the family still needed someone to be motzi them in kiddush. Thus, if the baal habayis was still reluctant to recite kiddush, I could have recited it a second time for them because of the concept “Yatza motzi,” “someone who has already fulfilled the mitzvah may recite kiddush another time for someone who has not yet fulfilled it.”

HOW CAN I RECITE KIDDUSH WHEN I ALREADY PERFORMED THE MITZVAH?

One may recite a birchas hamitzvah (a bracha on a mitzvah) on behalf of another person (presuming that we are both obligated to fulfill this mitzvah) even if one is not presently fulfilling this mitzvah because of the principle “kol Yisroel areivim zeh lazeh,” “all Jews are responsible for one another,” (Gemara Rosh HaShanah 29a). This concept of “areivus” means that since I am responsible to help another Jew observe mitzvos, his responsibility to fulfill a particular mitzvah is also my mitzvah. Since I am responsible to see that my fellow Jew makes kiddush, I can recite the kiddush bracha on his behalf. For this same reason, I can still blow shofar in a shul and recite the brachos for other people even if I already fulfilled the mitzvah of shofar earlier.

MAKING KIDDUSH WHEN I WILL FULFILL THE MITZVAH LATER

I was once asked the following shaylah. Mr. Hirsch was hospitalized, and his wife was unable to make kiddush for her family. Mr. Goldberg, one of the Hirsch’s neighbors, asked whether he could make kiddush for the Hirsch family on his way home from shul and then go home and make kiddush for his own family. I told him that this was perfectly acceptable. However if he was not planning to eat anything at the Hirsch residence, he should not drink the kiddush wine but instead ask one of the Hirsch adults to drink most of a revi’is (about one-and-a-half ounces) from the cup (Shulchan Aruch, Orach Chayim 273:4; 271:13). I will explain later why Mr. Goldberg should not drink from the Hirsch goblet.

This seems strange. How can Mr. Goldberg recite “borei pri hagafen” and not drink any wine?

THE DISTINCTION BETWEEN THE DIFFERENT TYPES OF BRACHOS

The answer to this question needs an introduction. It is true that one cannot recite a bracha on food or fragrance (birchas ha’ne’henin) for someone else’s benefit unless he is anyway making that bracha for himself. This is because the other person is not fulfilling any obligatory mitzvah by reciting these brachos. He needs to recite a bracha because he is gaining benefit, not because he is obligated to perform a mitzvah. Therefore, the rule of areivus does not apply in this case. Because he has no absolute obligation, one does not share in his mitzvah and cannot make the bracha on his behalf.

However, the bracha on kiddush wine is different because it is considered part of the obligatory mitzvah of kiddush (Gemara Rosh HaShanah 29a). Therefore, Mr. Goldberg can also make borei pri hagafen for the Hirsches even though he is not drinking any wine. (It should be noted that it is disputed whether this halacha is true for the daytime kiddush.)

AN INTERESTING APPLICATION

Sometimes one has guests for a Shabbos daytime meal who have not yet fulfilled the mitzvah of kiddush this Shabbos at all. (A common application is when a guest is not yet observant.) This provides one with an opportunity to perform the additional mitzvah (in addition to exposing one’s guests to Shabbos) of kiddush. As explained above, the normal daytime kiddush is not a replacement for the night kiddush. Therefore, our unobservant lunch guests have not yet fulfilled the mitzvah of kiddush this Shabbos. How can one alleviate the situation?

Since kiddush can be recited the entire Shabbos day, one should recite the full Friday night kiddush on Shabbos daytime on behalf of his guests. Although he has already fulfilled the mitzvah, he can still be motzi his guests. However, in order to do so he must explain to them that hearing kiddush is a mitzvah and that they should listen to him with the intent to fulfill the mitzvah. (It is always a good idea to do this so that one’s guests know to fulfill the mitzvah.)

WHY COULDN’T MR. GOLDBERG DRINK THE CUP OF WINE?

Before answering this question, we need to explain the concept of “Ayn kiddush elah b’makom seudah,” “Kiddush must be recited in the place that one will be eating a meal” (Gemara Pesachim 101a).

The Gemara relates the following story. One Friday evening, Rabba made kiddush. Although his disciple Abaye was present, Abaye planned to eat his Shabbos meal in his own lodgings. Rabba urged Abaye to “taste something” before he left, voicing concern that the light in Abaye’s lodging might extinguish before his arrival, making it impossible to make kiddush there. (I presume that Abaye was unable to locate his wine in the dark.) Rabba pointed out that Abaye would not be yotzei with the kiddush he just heard unless he ate something at Rabba’s house because of “Ayn kiddush elah b’makom seudah,” (Gemara Pesachim 101a).

This halacha is derived from the pasuk “Vikarasa LaShabbos Oneg” (Yeshaya 58:13), which Chazal midrashically interpret to mean, “In the place where you declare the kiddush of Shabbos, you should also celebrate your Shabbos meal” (Rashbam and Tosafos ad loc.). From this we derive that one must eat a meal in the place that one recites kiddush.

WHAT IS CONSIDERED THE SAME PLACE?

The Gemara rules that someone fulfills kiddush if he recited (or heard) kiddush in one part of a large room and ate in a different part of the room since this is considered the same place. Some poskim contend that one should not move to a different part of the house unless he knew at the time of kiddush that he might do this (Magen Avraham 273:1; Mishneh Berurah 273:3) and even this should be done only under extenuating circumstances (see Biyur Halacha 273:1). However, if one recited kiddush in one building and then went to a different building without eating, one certainly did not fulfill the mitzvah of kiddush and must recite (or hear) it again. This is why Mr. Goldberg could not drink the Hirsch’s wine. Since he had no intent to eat at the Hirsch’s house, he could not fulfill the mitzvah of kiddush there. Therefore he also couldn’t drink the wine since one cannot drink before fulfilling the mitzvah of kiddush. (According to most poskim, Mr. Goldberg has another option: he could drink the kiddush and then another cup of wine. This would be considered kiddush b’makom seudah.)

KIDDUSH IN SHUL

These two concepts (areivus and ayn kiddush elah b’makom seudah) are the basis of the custom that the chazzan recites kiddush in shul Friday evening without drinking the cup of wine.

Why is kiddush recited in shul at the end of Friday evening davening?

The Gemara mentions that in its time guests often stayed and ate their Shabbos meals in rooms attached to the shul and someone recited kiddush in shul on their behalf. Since the guests were eating in the same building, it was considered “kiddush b’makom seudah” and they fulfilled their mitzvah.

However, the chazzan who makes kiddush does not fulfill his mitzvah since he is eating his meal at his house which is in a different building. Therefore, he should not drink the kiddush wine. Instead it should be drunk by a guest eating in the building, and if there are no guests the cup is drunk by children who are permitted to drink or eat before kiddush. (Although in general children should be taught to keep mitzvos like adults, there is no requirement of chinnuch in this case. Iy”H I hope to discuss this halacha in a future article.)

ANOTHER INTERESTING SHAYLAH

I was once asked the following question from someone who was a guest at a Shabbos bar mitzvah:

“The baal simcha made kiddush in the shul immediately after davening, but the kiddush was conducted in the shul’s social hall. Is this an acceptable way to fulfill the mitzvah?”

Based on the above discussion, we can answer this question. If the social hall was in a different building, they would need to recite kiddush again in the social hall. Assuming the social hall was in the same building as the kiddush, this was acceptable under extenuating circumstances, assuming that they ate in the social hall. It would be preferred that they follow a different procedure, such as having kiddush made in the social hall.

WHAT IS CONSIDERED A MEAL?

Rabba’s words (“taste something”) imply that one fulfills kiddush without necessarily eating a meal, notwithstanding the Gemara’s statement that one must eat a meal where he recites kiddush. The Gaonim explain that one must begin his meal where he said kiddush by either eating some bread or drinking wine and this answer is quoted in Shulchan Aruch (Orach Chayim 273:5). The Gaonim explicitly state that one does not fulfill kiddush b’makom seudah by eating only fruit. Although some poskim disagree, arguing that one fulfills kiddush b’makom seudah by eating fruit (Shiltei HaGiborim Pesachim 20a:1, quoting Riaz, as explained by Magen Avraham 273:11) the accepted practice does not follow this opinion (Magen Avraham 273:11; Shu”t Ayn Yitzchak #12).

Magen Avraham rules that one fulfills kiddush b’makom seudah by eating a kizayis-sized piece of mezonos (the same size piece that requires an “al hamichyah” blessing afterwards), and this is the prevalent practice followed on Shabbos morning when people often make kiddush and then eat pastry or crackers. Some poskim rule that one should not rely on drinking wine to fulfill kiddush b’makom seudah but instead eat mezonos or bread (see Rabbi Akiva Eiger to 273:5 and Mishneh Berurah 273:26).

Some people follow the practice of the Vilna Gaon to recite kiddush only immediately before the meal they are eating for the Shabbos seudah (see Biyur Halacha and Rabbi Akiva Eiger to 273:5). In his opinion the concept of “Vikarasa LaShabbos Oneg,” means that one should declare the kiddush of Shabbos specifically at the time that one celebrates the Shabbos meal.

KIDDUSH ON YOM TOV

I was once asked the following question. The director of a small senior residence used to always make kiddush for the residents and then go home to eat the Shabbos seudah with his family. One Yom Tov, there were only women in the residence. Could he make kiddush for them without eating there?

WHY SHOULD THERE BE ANY DIFFERENCE BETWEEN SHABBOS AND YOM TOV?

There might be a difference between Shabbos and Yom Tov in this regard. There is a dispute among the poskim whether women are obligated to recite kiddush on Yom Tov. The Gemara states that although women are usually not obligated to fulfill positive time-bound mitzvos (mitzvos aseh she-ha’zman grama), there are numerous exceptions to this rule, including kiddush. Some poskim believe that only Shabbos kiddush is an exception and that women are not required to recite kiddush on Yom Tov (Shu”t Rabbi Akiva Eiger #1). Other poskim (Graz 271:5) contend that there is no difference between kiddush on Shabbos and kiddush on Yom Tov – women are required to recite both (or hear them from someone else).

Although the universal practice is that women hear kiddush on Yom Tov, the above dispute has major ramifications. We mentioned above that one can be motzi someone even when one is not now fulfilling the mitzvah because of the concept of areivus. This means that the person making kiddush carries some of the responsibility of the mitzvah for the person who has not yet fulfilled the mitzvah. However, according to Rabbi Akiva Eiger, a woman does not have a mitzvah of reciting kiddush on Yom Tov. Therefore, a man who is presently not fulfilling the mitzvah cannot recite kiddush on her behalf. According to Rabbi Akiva Eiger, he should eat something after making kiddush and fulfill his mitzvah of kiddush in the residence.

Kiddush sets the tone of the whole Shabbos meal. In the midst of remembering the details and requirements of this mitzvah, we should never forget to also focus on the beauty of Shabbos and the wonderful opportunity we are given to sanctify it verbally day and night!

Assembling Portable Cribs and Adjusting Shtenders on Shabbos

Question #1: I am having a lot of company for Shabbos and we have a small house. During Shabbos, I would like to remove the extra leaves from the table and set up the “porta crib,” and then in the morning fold up the crib and put the table leaves back. May I do this on Shabbos?

Question #2: I have an adjustable shtender that I usually leave at the same height. May I adjust it on Shabbos?

Question #3: The house is very crowded and stuffy because we are celebrating a kiddush. May I remove a door or a window to allow some additional ventilation? (I was asked this shaylah in Israel where doors and windows are hinged in a way that they are easily removable.)

Question #4: May I remove the pieces of glass from a broken window on Shabbos?

Before discussing these shaylos, we need to explain the halachos of construction on Shabbos, and how they apply to movable items such as household furnishings and accessories.

CONSTRUCTION ON SHABBOS

Boneh, building or constructing, is one of the 39 melachos of Shabbos that are derived from the construction of the Mishkan. Included in this melacha is performing any type of home repair or enhancement, even if only a minor repair (see Gemara Shabbos 102b). Thus, it is prohibited min haTorah to hammer a nail into a wall in order to hang a picture (Rashi, Eruvin 102a s.v. halacha). Similarly, one may not smooth the dirt floor of a house because this enhances the “structure” (Gemara Shabbos 73b).

Sosair, demolishing or razing, is also one of the 39 melachos, since Bnei Yisroel disassembled the mishkan whenever they moved it from place to place (Gemara Shabbos 31b). Therefore, any demolition of a building is prohibited min haTorah if the ultimate results are beneficial, such as razing part of a building in order to renovate it.

If there are no benefits to the demolition, it is still prohibited midirabbanan. Thus, wrecking the house because someone is angry violates Shabbos only midirabbanan (according to most Rishonim) since there is no positive benefit from the destruction (Pri Megadim 314:11 in Eishel Avraham). It is also prohibited because of other reasons, such as bal tashchis (unnecessary destruction) and being bad for one’s middos (see Gemara Shabbos 105b).

We already have enough information to answer questions #3 and #4 above, regarding removing a window to ventilate the house and removing pieces of glass from a broken window. Both of these activities are prohibited min haTorah since they involve the melacha of sosair for positive results. Therefore, a Jew may not remove the window or the broken glass unless there is a life-threatening emergency. If the broken window is dangerous (but not life threatening), one may ask a non-Jew to remove the broken pieces of glass.

CONSTRUCTION OF MOVABLE ITEMS

Do the melachos of boneh and sosair apply to movable items, keilim (sing., kli), as well, or only to buildings? In other words, does the Torah’s prohibition refer only to something connected to the ground, or does it include the construction of a movable item?

This question is disputed in the Gemara and by the Rishonim, who debate whether keilim are included in the prohibition of building and destroying on Shabbos (Gemara Beitzah 10a). There are three basic opinions:

1. Keilim are not included in the prohibition of boneh and sosair.

2. Keilim are totally included in the prohibition of boneh and sosair.

3. A compromise position in which total construction or destruction of a kli is prohibited min haTorah, but minor improvement is not (Tosafos Shabbos 74b and 102b). The halacha follows this opinion (Shulchan Aruch 314:1).

WHEN DOES BONEH APPLY TO KEILIM?

Assembling or improving a kli in a way that involves strength and skill constitutes boneh, and disassembling it involves sosair. Therefore, it is prohibited min haTorah to assemble a piece of furniture in a way that its parts are now extremely tight since this involves strength and skill to do the job properly. Similarly, replacing the handle on a hoe or other appliance is prohibited min haTorah since it requires skill and strength to do the job properly (Gemara Shabbos 102b).

What is considered tight? It appears from sources that anything as tight as one would nail it together is considered tight enough to be prohibited min Hatorah.

Assembling furniture without tightening the pieces is not prohibited min haTorah, but is prohibited midirabbanan out of concern that one might tighten them (Tosafos Shabbos 48a s.v. ha; Hagahos Ashri Shabbos 3:23). Therefore, one may not assemble a bed, crib, or table even without tightening the pieces since these pieces of furniture are usually tightened (Kaf HaChayim 313:63). However, there is a minority opinion that permits assembling such an item very loosely (Chazon Ish).

Example:

One may not assemble a crib on Shabbos. Assembling it in a very tight way may involve a Torah prohibition, whereas assembling it without tightening the pieces is prohibited midirabbanan since one might assemble it tightly. (However, porta cribs which are meant to be assembled and taken apart, have a different halacha as I will explain shortly.) According to most authorities, if one usually tightens the crib very tightly, it is prohibited to assemble it even very loosely, whereas according to the Chazon Ish, one may assemble it loosely.

FIXING A BROKEN APPLIANCE

Repairing a broken appliance on Shabbos follows the same guidelines as assembling. Therefore it is prohibited when the repair requires skill and strength even if one repairs it in a temporary way.

Therefore, if the leg of a bed or table fell out, one may not reinsert it even temporarily out of concern that one might repair it permanently (Shulchan Aruch 313:8). In this instance, Chazal decreed that the bed or table itself becomes muktzah in order to ensure that someone does not repair it (Rama 308:16). Again, according to the Chazon Ish, one may insert it loosely.

TWO EXCEPTIONS

There are two exceptions to this rabbinic prohibition, when one may assemble or repair an item in a non-permanent way. The first is on Yom Tov (Tosafos Beitzah 22a; Shulchan Aruch 519:2, Magen Avraham and Gr”a ad loc.). One may use a temporary repair to fix a furniture item for a Yom Tov need.

Example:

A leg fell off the table on Yom Tov. Repairing the table in a proper way is prohibited min haTorah, and therefore on Shabbos I may not even reinsert the leg into the table in a temporary way. However on Yom Tov, I may reinsert the leg without performing a proper repair if this is the most convenient table to use.

ANOTHER EXCEPTION

If the broken or disassembled item is usually repaired or assembled without strength or skill, I may repair it in a temporary fashion. Chazal did not forbid this since it is unlikely that it will cause any Torah violation (Gemara Shabbos 47b with Tosafos).

Example:

In the time of the Gemara there existed a type of bed called “a coppersmiths’ bed.” Apparently, it was common that coppersmiths traveled from place to place making their living as iterant repairmen, and took portable beds with them that they reassembled at each destination. May one assemble this bed on Shabbos or is it considered construction? The Gemara quotes a dispute on the subject. According to the Tanna who contends that keilim are totally included in the prohibition of boneh and sosair, one may not assemble these beds on Shabbos (Shabbos 47a).

However, the conclusion is that one may assemble these beds on Shabbos. That is because these beds were never assembled very tightly and therefore it is not considered boneh to construct them, nor does it qualify as a rabbinic prohibition. However, an appliance that was assembled very tightly would be prohibited to assemble even loosely since it might be tightened (Tosafos ad loc.; cf., however, Chazon Ish).

Assembling the typical porta crib is similar to assembling a coppersmiths’ bed. Thus, one may assemble a porta crib on Shabbos and fold it up afterwards.

TABLE LEAVES

Inserting table leaves also does not require skill or strength and is therefore permitted on Shabbos. However, some tables have a clamp to tighten the table after inserting or removing the leaf. This might be considered tightening enough to be prohibited and I refer you to your local Posek.

THE SCREW – AN INTERESTING INVENTION

About three hundred and fifty years ago, the poskim began discussing appliances held together with screws. Around this time a drinking cup became available where the cup part screwed into a base. Does screwing this appliance together on Shabbos constitute boneh?

The halacha question here is as follows: Although this cup does not require someone particularly strong or skilled to assemble and disassemble, screwing the base on makes the cup into a well-made permanent appliance. Thus, the screw enables someone who is not particularly skilled to build a strong appliance.

The early poskim debate this issue. The Magen Avraham (313:12) rules that screwing an appliance together constitutes a melacha min haTorah (see Shaar HaTziyun 313:32), Maamar Mordechai disagrees. In practice however, Maamar Mordechai concludes that one should follow the stringent ruling of the Magen Avraham, and this is the accepted halachic practice. Thus, screwing the cup together is considered manufacturing a cup.

Similarly, today one can purchase furniture that one takes home and assembles by oneself. One might argue that assembling this furniture is prohibited min haTorah even though it is made in a way that an unskilled person can assemble it. Thus, the definition of “skill and strength” is not whether the assembler needs to be skilled or strong, but whether the appliance is made into a permanent, well-made appliance.

BINOCULARS

Focusing a pair of binoculars involves turning a screw to make it tighter and looser. Does this violate boneh on Shabbos?

The poskim rule one may focus binoculars on Shabbos (Kaf HaChayim 313:73; Ketzos HaShulchan 119:12). They explain that there is a qualitative difference between screwing the base onto the cup, which creates an appliance, and screwing the binoculars, which is the method of using it. One may use an appliance, just as one may use a house by opening and closing the doors and windows. This is not building an extension onto the house, but is rather considered normal, daily usage.

SHTENDER

Many shtenders are tightened and loosened by the use of a screw. May one adjust the shtender by loosening and tightening the screw? Does it make a difference how often one adjusts the height?

According to Rav Shlomo Zalman Auerbach and Rav Vozner, one may adjust the height of the shtender on Shabbos since this is considered using the shtender, not making a new appliance (Shulchan Shlomoh 313:7; Shu”t Shevet HaLevi 6:32; cf. Minchas Yitzchok 9:38, who prohibits).

SALTSHAKER

Question:

I forgot to fill the saltshaker before Shabbos, and now I realize that it is empty. May I unscrew the saltshaker on Shabbos to fill it, or is this considered demolishing and repairing the saltshaker?

Rav Shlomo Zalman Auerbach ruled that it is permitted to open, refill and close the saltshaker on Shabbos without violating boneh. Although the saltshaker is indeed screwed closed, it is typically not screwed as tightly as one screws furniture or the cup we described earlier (Minchas Shlomoh 1:11:4 s.v. gam nireh). The same applies to opening and closing a baby bottle. Although it is opened and closed by screwing, since it is intended to be opened and closed constantly, it is not considered demolishing and reconstructing it.

CONSTRUCTIVE WORK

We may ask ourselves, why is the screwing of a cup together or removing a window off its hinge considered a melacha? Both cases only take seconds to complete and are not at all strenuous.

Rav Samson Raphael Hirsch (Shmos 20:10) notes that people mistakenly think that work is prohibited on Shabbos so that it should be a day of rest. He points out that the Torah does not prohibit doing avodah, which connotes hard work, but melacha, which implies purpose and accomplishment. Shabbos is a day that we refrain from constructing and altering the world for our own purposes. The goal of Shabbos is to allow Hashem’s rule to be the focus of creation by refraining from our own creative acts (Shmos 20:11). Through not building for one day a week, we demonstrate and acknowledge the true Builder of the world and all it contains.

Bedeviled by Stirring Events – or Some Insights on the Melacha of Losh

I  was recently asked the following question:

“My daughter came home from school telling us that she was taught that we cannot make deviled eggs on Shabbos because adding mustard and shaping them is considered ‘kneading’ the yolks. But I remember my mother always mixed hard boiled eggs with minced onion and oil on Shabbos morning shortly before the meal. Could my mother have been wrong?”

As our readership is aware, the Torah prohibits melachos on Shabbos not because they are taxing, but because these activities are significant and important (Gemara Bava Kamma 2a). As the Yerushalmi relates, after toiling for three and a half years to understand all the prohibited activities of Shabbos, Rabbi Yochanan and Reish Lakish concluded that each of the 39 major melachos (avos) has at least 39 sub-categories, called tolados, which are also prohibited min haTorah (Yerushalmi, Shabbos, beginning of 7:2). As is clear from the passage, these eminent scholars realized that the Torah prohibited these types of significant activity. As Rav Shamshon Raphael Hirsch notes, the Torah does not prohibit avodah, which connotes hard work, but melacha, which implies purpose and accomplishment (Commentary to Shemos 20:10).

One of the melacha activities prohibited on Shabbos is losh, kneading (Mishnah Shabbos 73a). Although building the Mishkan did not involve kneading dough, dying the cloth used in its construction required kneading a thick paste (see Rashi, Shabbos 73a and Gemara Shabbos 156a). (Some Rishonim contend that we derive forbidden melachos also from activities performed for the service of the Mishkan and the Beis HaMikdash, and not only from the Mishkan’s construction. According to these opinions, the melacha of kneading could be derived from the meal offerings of the Mishkan that involved the kneading of dough [Rav Hai Gaon, quoted in introduction to Maasei Rokei’ach].)

WHAT IS LOSH?

The concept of losh is to combine fine powders or similar small items into a unit by adding liquid (Shevisas HaShabas). Thus, mixing clay for pottery, or cement and sand into concrete, violate the Torah prohibition of losh (see Rambam, Hilchos Shabbos 8:16; Rashi, Shabbos 74b). Similarly, mixing oatmeal or reconstituting instant mashed potatoes violates the Torah prohibition of losh (in addition to whatever prohibitions of cooking may be involved).

Similarly, preparing certain food items on Shabbos might fall under the rubric of losh. For example, the Gemara discusses how one may mix bran with water to feed one’s animals. Although bran and water do not form dough, this is nevertheless prohibited since the bran sticks together (Shabbos 155b).

The Tannayim dispute whether one may add water to bran on Shabbos to feed one’s animals, Rebbe prohibiting because he feels that this constitutes a Torah violation of losh, whereas Rabbi Yosi ben Rabbi Yehudah maintains that adding water to bran involves only a rabbinic prohibition and is permitted in order to feed one’s animals if performed in an indirect way. This introduces a new concept in the laws of losh – that one may perform a rabbinically prohibited activity in an indirect way in order to prepare food or feed on Shabbos (Shabbos 155b- 156a). Performing a prohibited activity in an indirect way is called a shinui or kil’achar yad (literally, using the back of one’s hand), and is usually prohibited miderabbanan. However, under extenuating circumstances, Chazal relaxed the prohibition.

Losh applies only when mixing fine items that stick together to form a unit. It does not apply when adding liquid to large items even if they stick together, since they do not combine into one item (Taz, Orach Chayim 321:12). Therefore, one may use oil or mayonnaise to make a potato salad or tuna salad on Shabbos if the pieces of potato or tuna are large enough to prevent the salad appearing like a single mass.

BATTER VERSUS DOUGH

The Gemara implies that there is a halachic difference between a belilah rakkah, the consistency of batter, and belilah avah, the consistency of dough. By batter we mean a mix that does hold together, so it is not a liquid, yet is fluid enough that one can pour it from one bowl to another (Chazon Ish, Orach Chayim 58:9). Creating a batter involves only a rabbinic violation, whereas mixing a consistency like dough, which is thick enough that one cannot pour it, has stricter rules, often involving a Torah violation.

If the mix does not hold together at all, then one may mix it without any concerns because it is considered a liquid (Chazon Ish, Orach Chayim 58:9).

DEVILING THE EGGS

Based on the above discussion, it would appear that one may not mix egg salad or deviled eggs on Shabbos without a shinui, and possibly not even with a shinui. The mix created when making these foods cannot be poured, and therefore does not qualify as a “batter” but as “dough,” which may entail a Torah prohibition of mixing on Shabbos. We may usually not perform Torah prohibitions with a shinui on Shabbos to prepare food.

However, a standard appetizer in many parts of Europe for the Shabbos day meal was to stir together hard-boiled eggs, minced onion and schmaltz, a dish called “eggs and onions” that required preparation immediately before serving. Was it permitted to mix “eggs and onions” on Shabbos or did it violate the prohibition against kneading on Shabbos since the finished product was mashed egg and onion held together with fat? Although it would seem to be prohibited to prepare this food on Shabbos, this food was commonly prepared every Shabbos morning prior to serving. Does this mean that all these observant Jews were violating the Torah’s command? When we consider that this was the standard appetizer eaten by thousands of Jewish households every Shabbos for hundreds of years, it is difficult to imagine that millions of eggs and onions were prepared in violation of the laws of Shabbos!

Several halachic authorities raise this question, providing a variety of approaches to explain why one may blend eggs and onions on Shabbos. Could the reason to allow this apply to contemporary devilled eggs or egg salad?

Some contend that this mixing was permitted only when the pieces of egg and onion were both large enough to prevent the mix from having a dough-like consistency, but rather looked more like large pieces stuck together. However, the prevalent approach was to chop the eggs and onions into a very fine consistency, in which case the above-mentioned leniency was not applicable.

Other authorities permitted mixing and stirring them together only with a shinui, although apparently the prevalent custom was to mix it without any shinui at all.

RAV SHELOMOH KLUGER’S APPROACH

Rav Shelomoh Kluger, a great luminary of Nineteenth Century Poland, proposed a highly original reasoning to legitimize the preparing of the eggs and onions on Shabbos. Regarding various halachos of the Torah, predominantly the laws of tumah and taharah, only seven substances are considered liquids — wine, blood, olive oil, milk, dew, honey and water. Rav Kluger contended that the halachos of losh are also dependent on the use of one of these seven liquids to create the “dough” (Shu”t HaElef Lecha Shelomoh, Orach Chayim #139). According to this novel approach, no losh prohibition is involved if one uses mayonnaise or any oil other than olive oil, nor if one makes dough on Shabbos using only juice other than grape juice.

We should note that following this line of reasoning, not only may one prepare the famous eggs and onions mixture, but one could also prepare devilled eggs or egg salad on Shabbos provided one does not use olive oil as the liquid. Although some may prefer use of olive oil for its cholesterol and other medical benefits, this would not justify violating the laws of Shabbos.

However, Rav Kluger’s approach is not without its detractors. For one thing, as he himself points out, his approach disputes the statement of a highly-respected earlier authority, the Pri Megadim (Mishbetzos Zahav 321:12), who contends that losh is violated when one mixes foods together with goose schmaltz (a common ingredient in European homes in his era). This demonstrates clearly that any substance that causes items to stick together violates losh, at least according to some widely-accepted opinions. For the most part, later authorities have not accepted Rav Kluger’s contention limiting losh to the “seven liquids.”

Rav Shelomoh Kluger applied a second reason to permit the preparation of eggs and onions on Shabbos. He theorized that losh only applies to the earth itself or to items that grow from the ground — thus precluding eggs from the prohibition of losh. Although this approach only resolves the losh consideration germane to the eggs in the mixture but not to the onions, Rav Kluger further contended that the onions are also exempt from losh since the eggs are the main ingredient. He maintained that when mixing several items, of which losh applies only to some, halacha considers only the major ingredient and ignores the rest (Shu”t HaElef Lecha Shelomoh, Orach Chayim #139).

This second approach of Rav Shelomoh Kluger is also not without its detractors. Both the contention that losh applies only to items that grow from the ground, and the further supposition that one ignores the lesser item are challenged by later authorities (see Tzitz Eliezer 11:36:3, quoting Yad Yosef).

OTHER APPROACHES

Other reasons are quoted to permit making “eggs and onions” on Shabbos, including a suggestion that there is no losh prohibition to stir in an ingredient added for taste even if it indeed causes the food to hold together. (This position is quoted by the Tzitz Eliezer 11:36 in the name of a great scholar; however, the Tzitz Eliezer rejects the argument.) According to this approach, one might argue that one may make deviled eggs on Shabbos since the mustard is primarily added for flavor, although one could argue alternatively that one’s intent is to create a consistent filling, which is losh.

Others permit the mixing of eggs and onions because they do not form into a gush, that is, a single unit (Shu”t Be’er Moshe 6:44). According to this reasoning, deviling eggs is forbidden since one is indeed forming units of seasoned mashed egg yolk.

RAV SHELOMOH ZALMAN AUERBACH’S APPROACH

Rav Shelomoh Zalman Auerbach presented a different reason to permit mixing “eggs and onions” on Shabbos, which requires a small introduction. At the time of the Gemara, neither Post nor General Mills had yet cornered the market on breakfast cereal, and people were forced to prepare their own breakfast. The Cheerios of the day involved mixing a specialty flour called kali, made from toasted kernels, with oil, water and salt. The Gemara quotes an opinion that permits mixing kali on Shabbos provided one uses a minor shinui while doing so (Shabbos 155b). Several authorities question why the Gemara is so lenient in this instance (Nishmas Odom; Biyur Halacha). Allow me to explain the basis of their concern:

Usually, a shinui may be used on Shabbos in only one of two circumstances:

1. To prepare food that without the shinui involves only a rabbinic prohibition.

2. To prepare the food in a radically different way than it is usually prepared. An example of the latter method is that although one may not chop items fine on Shabbos, one may crush them with the handle of a knife. Since this is a radical departure from the usual method of mashing items with mortar and pestle or other grinding implements, Chazal permitted crushing food this way (Shibolei HaLeket #92, based on Gemara Shabbos 141a).

Thus we are faced with the following anomaly: The Gemara permits mixing kali on Shabbos, seemingly permitting a Torah prohibition of losh by means of a minor deviation from the normal method of preparing this food. This should not be permitted on Shabbos.

The Biyur Halacha responds to this question with two different novel approaches to explain why this is permitted:

1. Mixing a food that is already cooked or toasted and ready to eat does not violate the prohibition of losh. Since these kernels are not used for bread, but are ready to eat after mixing them, this mixing is not considered the prohibited melacha of losh, but is to be treated no different min haTorah from any other preparing of food. Although Chazal prohibited this preparation because it looks like kneading, it is permitted with a shinui as are many other food preparations.

2. The Biyur Halacha suggests an alternative approach: there is no violation of losh while one is eating. This is similar to a concept found by other melachos, notably selecting and grinding, that permits performing these activities immediately before consuming them.

This approach has its detractors, since no early authorities note that this lenience applies to losh, and logically there is a big distinction between selecting and grinding, which are processes that are absolutely essential to normal eating, and kneading, which is not essential (see Magen Avraham 321:24).

RETURNING TO EGGS AND ONIONS

Based on both approaches of the Biyur Halacha, Rav Shelomoh Zalman Auerbach notes that preparing eggs and onions should be permitted because this food cannot be prepared before Shabbos and will become ruined if not prepared shortly before eating. (A similar approach to explain the custom of mixing eggs and onions is presented by an earlier authority, the Tehillah LeDavid 321:25).

In addition, Rav Shelomoh Zalman Auerbach reasons that losh is a process that one does while eating since one mixes food together in one’s mouth (Shulchan Shelomoh 321:16). This author does not understand the last statement of Rav Shelomoh Zalman Auerbach, since the processing of food that takes place in one’s mouth, chewing, reduces food to small particles and does not combine small particles into larger ones, which is the essence of losh.

According to Rav Shelomoh Zalman Auerbach’s approach, preparing “eggs and onions” requires a shinui, meaning that one should add the ingredients to the bowl in an inverted order than one usually does, and should also preferably stir the mix in an unusual fashion, such as not in normal circular strokes but with alternative crisscross motions instead.

However, the approaches mentioned earlier permit mixing eggs and onions without any shinui at all. When reading later halachic works, one finds many poskim who feel that one should avoid preparing eggs and onions on Shabbos, and at a minimum certainly not without a shinui, whereas others are suspicious of those who question such a time-hallowed practice (Be’er Moshe; Tzitz Eliezer).

It is also noteworthy that the first approach presented by the Biyur Halacha should permit not only the famous “eggs and onions” that were an essential part of Jewish cuisine for hundreds of years, but also preparing either egg salad or deviled eggs on Shabbos. Furthermore, according to the second approach one would be permitted to prepare them immediately before the meal just as one may select immediately before the meal. In both instances, one would need to use a shinui of mixing the ingredients in a different order and not stirring with the usual circular motions.

Where does that leave our deviled eggs or egg salad on Shabbos? As in all areas of halacha, one should consult with one’s posek how to prepare these items on Shabbos. The goal of this discussion is to present the background of the halachic issues that form the basis for the varying piskei halacha on this issue.

The Torah commanded us concerning the halachos of Shabbos by giving us the basic categories that are prohibited. Shabbos is a day that we refrain from altering the world for our own purposes but instead allow Hashem’s rule to be the focus of creation by refraining from our own creative acts (Rav Shamshon Raphael Hirsch’s Commentary to Shemos 20:10). By demonstrating Hashem’s rule even over non-exertive activities such as kneading, we demonstrate and acknowledge the true Creator of the world and all it contains.

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