asd – D'var Halacha

We are continuing in siman 1. We have seen the Chayei Adam bring the opinions mentioned in the introduction: the machlokes Rabbi Yosi Ben Rabbi Yehuda and Rebbi, and the machlokes between the Rambam and other rishonim regarding the difference between bar gibul and not bar gibul. The Chayei Adam concluded that we are machmir regarding our understanding of bar gibul and not bar gibul. The Chayei Adam continues, and writes that because we are machmir, one cannot put water together with the bran used as animal feed, because it is not a bar gibul, so one must be machmir that the mere placement of the ingredients already constitutes the issur of losh. According to the Rambam, it is an issur derabanan; according to most rishonim, it is an issur deoraysa. The Chayei Adam writes that even if the water was placed together with the bran on erev Shabbos, it is still assur to mix it on Shabbos itself. However, we have learned that losh is one of the unique melachos in which Chazal permit certain actions with a shinui. Over here, the mixture can be stirred if it is stirred with a shinui. For example, one could pour it between containers such that the mixture eventually mixes together. Alternatively, one could stir in a criss cross fashion. People generally stir something in a circular motion, because it brings the out parts of the mixture towards the inside. If one stirs in a north-south-east-west pattern, it is a less effective way of mixing, so it is considered a shinui. This criss cross pattern is known as shesi va’arev in halacha. There is a machlokes when a person performs shesi va’avrev whether they must remove the stirring stick from the mixture in between each direction. If we picture it, when moving between directions, unless one removes the stirring implement, one will inevitably come close to circular motions. Therefore, the Chazon Ish holds on must remove the stick between each direction. Neither the Mishnah Berurah, nor the Chayei Adam, mention the need to remove the stick. We have learned that a belilah avah is assur mideoraysa, and belilah raka is assur miderabanan. This use of a shinui works even by a belilal avah, which is otherwise an issur deoraysa. Summary

The Chayei Adam paskens like Rabbi Yosi Ben Rabbi Yehuda, unless the items are not a bar gibul, in which case one is chayav for just placing the items together, like Rebbi.
One should be machmir as well even by a bar gibul to be chosheish for Rebbi.
Losh is muttar with a shinui. Examples of shinui would be pouring the mixture between two containers, or mixing it in a shesi va’arev pattern

D'var Halacha

Losh 1 - Introduction (Klal 19 Siman) Hilchos Shabbos - S0481

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We are beginning Klal 19, which discusses the melacha of losh. Losh is translated as kneading, because it is the closest English word which describes the losh process. However, it does not fully capture the melacha. The melacha is the process of combining a solid together with a liquid in order to create a mass. The most common example is flour and water which become a dough.

When making a dough, there are usually two steps to the process. The first step is combining the flour and water i.e. placing them together in the container even without any mixing action, and the second stage is actively stirring and mixingthem. The second stage could be defined as the act of kneading, but kneading brings to mind working the dough even once it is fully combined. From a melacha standpoint, losh is the act of combining the flour and water together, and once the combining is completed, the primary melacha of losh has ended. (There may be a toldah which takes place afterwards.)

Within this combining process of losh, which includes both steps of placing both items into a container and actively combining them, there is a machlokes which point specifically is the melacha of losh. There is a machlokes Rebbi and Rabbi Yosi Ben Rabbi Yehuda on this point, and a machlokes poskim how we pasken. Rebbi says that the chiyuv losh begins immediately once a person places the flour and water together in the container, even though one has not actively combined or stirred them. Rabbi Yosi Ben Rabbi Yehuda holds one is not chayav until they begin to actively stir them together.

Most poskim follow Rabbi Yosi Ben Rabbi Yehuda that the chiyuv only begins once a person begins to actively stir or combine the items together. However, some poskim follow Rebbi that the chiyuv begins immediately. Even according to Rebbi, the second stage is also a melacha as well. Halacha lemaaseh, the three primary pillars of halacha, the Rif, Rambam and Rosh, pasken like Rabbi Yosi Ben Rabbi Yehuda. Rabbeinu Channanel, Baal Hamaor, Ramban and Ran pasken like Rabbi Yosi Ben Rabbi Yehuda as well. However, some rishonim, including the Semag and Semak, pasken like Rebbi.

The Mishnah Berurah writes that the minhag is to be machmir in accordance with Rebbi. Therefore, one must be concerned for losh already from placing items together in a container, even without stirring them.

Another point we need to discuss is whether all combined materials are equal. We have used the example of flour and water, which combine together with a chemical reaction. Other things, such as mayonnaise and tuna or oil and eggs, combine tightly together but not on a chemical level. Other foods do not even bind tightly together, such as coarse sand and water. We will discuss whether it will make a difference to the chiyuv of losh in the upcoming shiur, be’ezras Hashem.

Summary

Losh is the melacha of combining a solid and liquid together. We are machmir that the mere placing of both items in the same container is already considered the melacha of losh, and certainly the active kneading or mixing of the items is losh as well.

We have finished Klal 18, and are discussing a few points not mentioned in the Chayei Adam. If a person makes tea and wishes to remove the teabag on Shabbos, if they remove the teabag and allow the water within the teabag to drip out, it is merakeid. The paper of the teabag is a fine filter which is separating the water from the tea leaves, and it assur. Regarding making tea on Shabbos, many do not make tea on Shabbos itself because of the concept of kalei habishul, that tea cooks easily and therefore will cook in a kli sheini. According to the Mishnah Berurah, kalei habishul are not a concern in a kli shlishi, so it is muttar to make tea in a kli shlishi. The Chazon Ish disagrees, and holds that kalei habishul is a concern even in a kli shlishi. According to the Chazon Ish, one solution is to make a concentrate of tea before Shabbos by pouring a small amount of water over a number of teabags. This liquid is colloquially known as tea essence. Preferably, one should remove the teabags before Shabbos in order to avoid issues of borrer. If they do not remove it before Shabbos, they encounter the issue mentioned above, that when removing the teabag from the water they are performing merakeid. One solution is to pick up the teabag with a spoon, such that the liquid within the teabag is not separated from the teabag. We do not consider the teabag and outside water as a taroves (such that one would be performing borrer from the cup when removing the teabag), as the teabag is akin to an egg in water, in that both items are large enough that they are distinct. The issue of taroves comes up between the tea leaves and water within the teabag. By picking up the teabag with a spoon, the entire mixture is being removed, so there is no issue of borrer. Any liquid which does come out is caught by the spoon. Alternatively, Dayan Weiss suggests that one can quickly remove the teabag and throw it straight into the garbage. A person who does make tea on Shabbos would still need to employ the same solutions regarding the teabag. If one prefers to leave the teabag inside, as long as there is a large amount of liquid in the cup, they are drinking or pouring from the upper area which is not in a state of taroves with the bottom. Once they get closer to the bottom, they are pulling liquid out of the teabag while using the teabag as the vehicle to prevent the tea leaves from coming out. It then becomes an issue of borrer (merakeid). Therefore, it is suggested to remove the teabag before Shabbos. If a person wants to use a strainer to remove pulp from orange juice, Rav Moshe holds it is muttar because most people consider juice with pulp as drinkable. Rabbi Reingold suggests that this psak applied at the time of Rav Moshe, but nowadays, it has become much more common and preferred to avoid drinking orange juice with pulp. When Rabbi Reingold was growing up, the majority of orange juice was sold with pulp, and it would appear that is no longer true. However, it would require proper research, and not just anecdotal evidence, to establish a new reality. Either way, since the pulp is edible, it will be an issur derabanan. Summary When making tea for Shabbos, one should preferably make tea essence before Shabbos and remove the teabags before Shabbos as well. If they did not, they should remove the teabag with a spoon, such that liquid does not drip out from under it, or they should pull it out quickly without stopping to allow the water in the teabag to drip into the tea. Rav Moshe writes that one can use a strainer to remove pulp from orange juice, since most people consider it edible.

Harav Eliyahu Reingold / All Rights Reserved © 2021.