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Bishul 9 – Bishul After Afiyah 1; Kdei Klipah (Klal 20 Siman 3) Hilchos Shabbos – S0506

D'var Halacha
D'var Halacha
Bishul 9 - Bishul After Afiyah 1; Kdei Klipah (Klal 20 Siman 3) Hilchos Shabbos - S0506
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We are continuing in siman 3, where the Chayei Adam is discussing irui kli rishon. We have learned that if one performs irui kli rishon on a food, they must remove a kdei klipah of that food before consuming it. We left off discussing the practical application of this case to food on Shabbos.    To be clear, the most practical application is that one may not perform irui kli rishon on a food on Shabbos, due to the issur bishul. Bedieved, if it was performed, the outermost kdei klipah of the food is assur. Additionally, the Chayei Adam writes that performing irui kli rishon on something roasted or baked will also be assur kdei klipah. We have a concept of ain bishul achar bishul, which is the halacha that if an item has reached a state of halachically cooked, the issur of bishul cannot apply to it a second time. For example, bishul will not apply a second time to a pot roast or chicken which is fully cooked and dry. If there is liquid, it can be argued that the liquid plays a significant role and it is assur. The examples given by the Chayei Adam are specifically something fully roasted or baked, upon which the person subsequently performs irui kli rishon. This is known as bishul achar tzli (cooking after roasting) or bishul achar afiyah (cooking after baking). The Chayei Adam explains later on that it is a machlokes whether bishul achar tzli/afiyah is bishul or not, and concludes that one should be machmir due to the safeik.    The Chayei Adam here takes the halacha a step further. Generally, in a case of safeik, if a person nevertheless bedieved performs the action, the outcome of the action is muttar. I.e., we don’t apply the halacha of maaseh Shabbos in a case of safek issur. This is because maaseh shabbos is derabanan, and safek derabanan l’kula.  In these cases of bishul achar tzli/afiyah, however, the Chayei Adam writes that the outcome will be assur even bedieved. Later, in siman 10, the Chayei Adam will bring both opinions, and conclude that one should be machmir due to the safeik deoraysa. If there is an issur deoraysa, there will be a concern of maaseh Shabbos, benefiting from something created on Shabbos. One cannot benefit from that creation, and therefore must remove the benefit created; ie, remove kdei klipah of the item.    In footnote 2, the Piskei Mishnah Berurah finds it difficult that it is assur kdei klipah due to the safeik and still assur even bedieved. Moreover, the Chayei Adam himself writes in Klal 9 (siman 11) that when there is a machlokes whether something is assur, it will not be assur bedieved. We will clarify this point in the upcoming shiur, be’ezras Hashem.   Summary
  • In most situations, kli sheini does not cook, but irui kli rishon cooks kdei klipah, which is defined as the thinnest layer which can be removed from the item in one piece.
  • The part of the food which is cooked will now be assur to benefit from on Shabbos. This is known as maaseh Shabbos. 
 
  • Even though we hold ain bishul achar bishul, there is a machlokes whether ain bishul achar tzli and ain bishul achar afiyah, and one must be machmir not to perform irui kli rishon on these items.
  • The Chayei Adam applies the issur of maaseh Shabbos even to bishul after afiyah. The Mishnah Berurah disagrees.

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