/
RSS Feed
We are continuing in siman 10. We left off with the Chayei Adam’s opinion that if one is concerned the cream will spoil, they could ask a non-Jew to remove it, since inherently it is not borrer because both are edible items. Today, we will clarify this psak.
We have learned that when one has a mixture of two different minim, it is borrer to choose one over the other, even though both are considered ochel. Although there is an opinion that such a case is not borrer (because there is no pesoles, seeing that both are edible), that opinion is not even considered in halacha. If so, we need to understand why the Chayei Adam seems to respond to that opinion, by explaining that this case is assur even though both are edible.
Furthermore, the Chayei Adam continues, and writes that even when one asks a non-Jew to remove the cream, the non-Jew cannot remove all of the cream, but should leave the layer which comes in contact with the milk.
There is a Yerushalmi which discusses a case of removing pesoles from a pile, and discusses whether the borrer action is the removal of all of the pesoles, or whether each individual removal of a piece of pesoles is its own issur of borrer. For example, if there are 10 thorns in a pile of food, there would seem to be a lack of meleches machsheves before the 10th is removed, since the pile is still equally unusable when only 9 have been removed. The Yerushalmi concludes that one will not be chayav until removing all 10, and the Mishnah Berurah raises this point as a question in the Biur Halacha. The implication from the Bavli, however, is that any time one removes pesoles, they have transgressed borrer, even if the mixture is still unusable.
Thus, it could be the Chayei Adam is touching on this idea, and saying that when it comes to the milk and cream, since one is not removing all of the relative pesoles (the cream vis a vis the milk), it is more muttar. However, it is difficult to understand why he added this sevara, since we learned that the primary reason it is muttar to remove the cream is the fact that it is above the taroves.
Practically:
- If one avoids the area of the taroves, it is completely muttar, even for a Jew, to remove the cream, since there is no taroves.
- One could even remove it for later, as long as they do not remove it for after Shabbos (due to the issue of hachana).
- One could just as easily ask a non-Jew, since there is no melacha involved.
- One cannot ask a non-Jew to take out the cream which is part of the taroves, since it is a melacha.
- Asking the non-Jew to remove some of the part which is in the taroves but leaving some as well would get involved in the opinion of the Yerushalmi. We pasken that it is assur.
- If one avoids the area of the taroves, it is completely muttar, even for a Jew, to remove the cream, since there is no taroves.
- One could even remove it for later, as long as they do not remove it for after Shabbos (due to the issue of hachana).
- One could just as easily ask a non-Jew, since there is no melacha involved.
- One cannot ask a non-Jew to take out the cream which is part of the taroves, since it is a melacha.
