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...
Objects Left Behind In The Synagogue
Trying Cases in Secular Courts
Purchases Of Stolen Goods- Knowingly and Unknowingly
Must a Butcher Refund His Customers if He Inadvertently Sold Non-Kosher Meat?
The Carrying and Display Of The Sefer Torah Upon Removing From The Hechal
Damaging Property With the Owner’s Permission
Liability For a Bench That Breaks Because Too Many People Sat On It
If a Person’s Belonging’s Were Damaged When He Entered Somebody Else’s Property Without Permission
Pidyon Peter Hamor – Redeeming a Firstborn Donkey
Reciting the Pasuk “Ve’shahat Oto After the Akeda”; Wearing a Kippa
The Month of Iyar
Eulogies During Hol Ha’mo’ed and During the Month Before Yom Tob
The Yom Kippur Katan Fast When Rosh Hodesh Falls on Sunday
Bringing Girls Above the Age of Nine Into the Men’s Section of the Synagogue
Should the Torah Scroll be Carried on the Right Side or Left Side?
Page of 239
3585 Halachot found