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We are continuing in siman 11, regarding the halachos of melting ice and snow. We learned about the concepts of nolad and muktzeh, and how the Sefer Haterumah holds that it is assur to melt ice or snow due to nolad.
The Shulchan Aruch, in siman 318:16, rejects the opinion of the Sefer Haterumah. He is discussing heating up food on Shabbos, and writes that although it is muttar to warm up food which is fully cooked, it cannot be too close to the fire out of concern that one may stir the coals. Therefore, the food must be placed at a bit of a distance, as a reminder not to stir the coals.
If the item comes with congealed liquid, many poskim understand that the result of the liquid congealing would be considered nolad, in that the liquid began as a solid and ended up becoming a liquid. Nevertheless, the Shulchan writes that there is no issue of nolad and the food can be placed at a distance, effectively rejecting the opinion of the Sefer Haterumah. The Rema brings the opinion of the Sefer Haterumah, and writes that one should be machmir in accordance with the Sefer Haterumah unless there is a specific need. The Mishnah Berurah concludes in accordance with the Rema as well.
In addition to the Sefer Haterumah, we learned two other approaches as to why it would be assur to melt snow or ice on Shabbos (shiur s389). The Rambam understands that it approximates sechita, and Rashi understands that the issue is molid, creating water.
In siman 320, the Shulchan Aruch approaches this question solely from the sechita issue. He writes that it is assur to crush snow or ice because it approximates sechita of fruits for their liquid. The Mishnah Berurah points out the third opinion, of Rashi, is not mentioned by the Shulchan Aruch at all.
The Shulchan Aruch continues, and writes that although it is assur to crush snow or ice, it is muttar to place ice into a cup and allow the ice to melt on its own. Allowing the ice to melt on its own does not approximate the act of squeezing, so the issue of the Rambam does not apply. According to Rashi, that the issue is being molid (creating) water, since it is happening by itself, he is not creating anything so the gezeira derabanan does not apply. Thus, both according to Rashi and the Rambam there is no issue.
If one wishes to stir the cup, arguably they hasten the melting process of the ice. However, the Chayei Adam writes that it is muttar, because the issur was enacted regarding liquid which becomes distinct from the solid from which it emanated. Over here, since the melted liquid is mixing into the liquid already into the cup, it is not discernable that the ice is being melted, so it is muttar. The Chayei Adam continues, and writes that therefore it is muttar to pour hot water on sugar, even though it will melt, because it never becomes distinct or discernable on its own. (There may be issues of bishul as well, which we will discuss separately.)
Summary
- The Shulchan Aruch understands that there is no issue of nolad when crushing ice on Shabbos, but there is an issue of sechita. Therefore, it is assur to crush ice directly, but it is muttar to allow for ice to indirectly melt, either by placing it in a cup with other liquid, or placing it near a heat source such that it melts on its own.
- Additonally, it is muttar to directly melt ice if the melted liquid is not discernable, such as if it melts and mixes directly into other liquids.
- The Rema holds that one should be machmir for the issue of nolad, unless there is a situation of specific need. Thus, according to the Rema, one should be machmir in the first two cases of the Shulchan Aruch mentioned above. We will discuss this further.
