DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.28 MB)
If One Covered a Pot of Partially Cooked Food on the Blech

The Gemara derives from the Pasuk that Shabbat is Kodesh (sanctified), but Melacha (work) done in violation of Shabbat is not Kodesh and is not forbidden to benefit from. This is true on the level of D'Oraita (Torah law), but the Hachamim instituted a "K'nas" (penalty) to forbid benefit from prohibited actions done on Shabbat.

The severity of the penalty depends whether it was done B'Shogeg (unintentionally) or B'Mezid (intentionally). The Shulhan Aruch rules that Melacha done B'Shogeg is forbidden to everyone on Shabbat and is permitted immediately upon Mosa'eh Shabbat. If the Melacha was done B'Mezid, the violator is barred from ever benefiting from it, but others may benefit on Mosa'eh Shabbat.

One application of this Halacha was presented in a previous Daily Halacha, in a case where a woman removed a cover from a pot on the Blech and discovered that its contents were not cooked. If she returns the lid to the pot, she is in violation of the Melacha of Bishul (from the Torah), and therefore, the food is forbidden from benefit to everyone, even if she committed the violation unintentionally.

The question arises whether the Halacha would be the same in a case where the woman discovered the food was partially cooked-to the degree of Ma'achal Ben Drusai (one-third cooked), which is edible only in extreme circumstances. The Shulhan Aruch rules that even a food cooked to this degree is subject to further cooking, and clearly it was prohibited for her to return the cover. Nevertheless, the Mishna Berura (318:2) establishes a general principle that although the Halacha prohibits an action, whenever there is a legitimate disagreement between the Poskim, the lenient opinion can be relied on to permit the food, B'diavad-after the fact. In this case, there is the minority opinion of the Rashba that considers such a food fully cooked and not subject to the prohibition of further cooking. Even though the Halacha is not in accordance with the Rashba, he can be taken into account to permit eating the food after the woman returned the cover.

Hacham David in his Halacha Berura brings this principle. The classic application would be if a woman mistakenly reheated cold soup on the Blech. While clearly this is prohibited from the Torah, it does not render the soup forbidden, because of the minority opinion of the Rambam who holds that there is no prohibition to reheat cooked cold liquids.

SUMMARY

It is forbidden to benefit on Shabbat from even an unintentional violation of Shabbat, unless there is a legitimate, lenient minority opinion, which can be taken into account B'diavad-after the fact.

 


Recent Daily Halachot...
Is it Permissible to Drink Wine or Grape Juice on Ereb Pesah?
Pesah – Bedikat Hametz After the Home Was Thoroughly Cleaned
Pesah – Verbally Designating Meat for Pesah
Passover- Laws of Matza: the Use of Machine Matza or Matza Made from Oats; the Beracha Over Matza; Dipping Matza in Water; Eating Matza Throughout Pesach
Pesah – The Fourth Cup of Wine at the Seder
Pesah – The Reason for Dipping Celery in Saltwater
Pesah- The Prohibition Against Eating Masa on Ereb Pesah
Pesah – Bringing Books to the Table, Using Tablecloths
Pesah – Halachot of Karpas; Reciting “Kadesh U’rhatz…” Before Each Stage of the Seder
Passover- Eating Rice on Pesah
Passover- The Fast of the Firstborn on Ereb Pesah
Ereb Pesah – Customs Regarding the Burning of Hametz; Refraining From Work on Ereb Pesah
Passover- Eating The Afikoman on Pesach Night
Passover- Buying Hametz After Pesah; Giving the Gentile Access to One’s Hametz During Pesah
The Proper Way to Dip the Marror in the Haroset
Page of 239
3585 Halachot found