DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.01 MB)
Borer: Selecting from a Mixture of Different Types of Fish on Shabbat

The Rema (319:3), based on the Terumat Hadeshen (R. Yisrael Isserlin, 1390-1460, Austria), writes that two types of fish are considered distinct entities and the laws of Borer apply to selecting one type of fish from the assortment. Even if the pieces are large and easily distinguishable, one may only select the desired type, with his hands for immediate use.

The Rema continues and rules that if there is only one type of fish in the mixture, with an assortment of sizes, the laws of Borer do not apply and one may pick out the undesired fish. However, the Mishna Berura cites the Taz (Rabbi David Segal, Poland, 1586-1667) who is strict even in a mixture of one species. That is how the Chesed L’Alaphim rules, as well.

The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Beshalach par. 2, writes that even though the majority of Poskim are lenient (most likely including the Shulhan Aruch), it is fitting to be stringent, yet one who is lenient has upon whom to rely. Hacham Ovadia, in Hazon Ovadia 4, p. 188) writes that the Taz is a lone opinion, and the Mateh Yehuda argues that this Taz is a novelty. Therefore, the Halacha is lenient, and the laws of Borer to don’t apply.

However, in cases where the same species has a variety of flavors or tastes, such as apples or dates, the Ben Ish Hai rules that the restrictions of Borer apply.

SUMMARY

The laws of Borer apply to a mixture of different types of fish, but there are no restrictions on selecting from a mixture of different sizes of the same item.

 


Recent Daily Halachot...
Does One Recite a Beracha Over a Secondary Food That Was Brought Only After He Recited the Beracha Over the Primary Food?
If One Eats the Secondary Food Before the Primary Food
The Beracha Over Cereal with Milk, and Yogurt with Fruit
If One Recited a Beracha Over a Cracker With Cheese, and Some Cheese Was Left Over
If a Person Changes His Mind and Decides Not to Eat After Listening to a Beracha
If a Person Mistakenly Concluded “Al Ha’mihya” With the Words “Al Ha’perot”
Fulfilling One’s Requirement by Listening to a Beracha Recited by Another Person
The Requirement of “Shem U’malchut” in a Beracha
Does the Beracha of “Gefen” Cover Other Beverages if One Does Not Intend to Drink More Wine?
Halachot Concerning the Berachot Over Wine, Fruit Juice and Coffee
Does One Recite a Beracha Over Beer or Whiskey Drunk During a Maal if HaMosi Was Recited?
Does One Recite a Beracha Over Tea and Coffee Drunk After a Meal If Ha'Mosi Was Recited ?
Must One Recite a Beracha Over Water or Wine During a Meal Where One Recited Ha'motzi?
Is Wine Still Considered A ‘Bore Peri HaGefen’ And Acceptable for Kiddush If It is Diluted
The Sequence of Berachot When Eating Cake With Coffee
Page of 239
3585 Halachot found