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We are beginning siman 6, which discusses a similar point to siman 5. The Chayei Adam discusses using honey to bind sesame seeds, similar to the flax and sesame with water discussed in siman 5. Mixing the honey and sesame seeds will be a problem of losh. If there is too much honey, one might be tempted to squeeze out the excess, which would constitute a borrer problem as well.
We mentioned in the introduction to this melacha (s483) that there may be scenarios in which it will be muttar to create a blilah avah on Shabbos itself, even though we had learned that it is generally assur to create a blilah avah on Shabbos and that a shinui in the first stage (order of ingredients) does not help. We learned that according to Rebbi, losh begins immediately with the placement of the ingredients in the bowl, and according to Rabbi Yosi Ben Rabbi Yehuda, losh begins with the active mixing of the ingredients. Most rishonim pasken like Rabbi Yosi Ben Rabbi Yehuda, but some pasken like Rebbi. In order to be machmir in accordance with the rishonim who pasken like Rabbi Yosi Ben Rabbi Yehuda, we pasken that one needs to be concerned with losh from the first stage. We address this concern by performing a shinui and changing the order of the placement of the ingredients. However, since the shinui is not significant, it does not work for a blilah avah.
This entire thought process applies only within considering Rebbi’s opinion. If we hold like Rabbi Yosi Ben Rabbi Yehuda, the fact ingredients have been placed together in the container is of no issue, and the forms of shinui employed in the second stage are significant enough to avoid the issue of losh. In other words, what precludes us lemaaseh from being able to make a blilah avah is the first stage, not the second stage.
Therefore, the Shulchan Aruch writes that in a situation in which one needs to make a blilah avah, they can rely on the majority of rishonim who pasken in accordance with Rabbi Yosi Ben Rabbi Yehuda, who holds there is no issue of losh in the first stage. Therefore, there is no issue placing ingredients together, and he agrees that a shinui of significance will permit the second stage, of mixing the ingredients.
Examples of cases of necessity include making a mixture from a person who is ill or for a child.
There are also cases in which Rabbi Yosi Ben Rabbi Yehuda agrees that losh begins immediately, from the first step of the placement of ingredients together. Examples include the cases above, in simanim 5 and 6, where the ingredients bind together automatically. In such cases, if one wishes to make a blilah avah, there is no way for it to be muttar on Shabbos, since even the placement of the ingredients is losh according to all opinions. Another example would be making oatmeal. Oatmeal tends to mass together on its own, so losh begins from the first stage even according to Rabbi Yosi Ben Rabbi Yehuda.
Summary
- Most rishonim hold that losh only begins with the second stage (Rabbi Yosi Ben Rabbi Yehuda), but some hold it begins with the first stage (Rebbi). Generally we are machmir, and respond to the issue by performing a shinui in the placement of the ingredients in that first stage.
- This shinui is not a strong shinui, and therefore does not apply to a blilah avah, which is an issur deoraysa.
- However, in cases of need, the Shulchan Aruch writes that one can rely on the opinion that losh only begins with the second stage (at which point one can use a stronger shinui) and place the ingredients together.
- That being said, cases in which Rabbi Yosi Ben Rabbi Yehuda agrees that losh begins in the first stage will certainly be assur without any heter. Examples include items which naturally mass, such as flax seeds in water, or oatmeal.
