A food that had a cooking prohibition occur on Shabbos- Q&A on benefiting from it on Shabbos

* This article is an excerpt from the above book
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Summary:

If one cooked a food on Shabbos in a way that is forbidden according to all opinions, whether Beshogeig or Meizid, then the food is forbidden to be eaten by anyone on Shabbos. 

 

Q&A

What is the law if one intentionally transgressed a Rabbinical cooking prohibition on Shabbos?

It is forbidden for all on Shabbos to benefit from it, and permitted for all immediately after Shabbos.[1] [This is with exception to Shehiyah/Chazara/Hatmanah and Amira Lenachri in which case one must wait Kdei Sheyasu after Shabbos.]

 

What is the law if one unintentionally transgressed a Rabbinical cooking prohibition on Shabbos?

The food is permitted for all people immediately on Shabbos.[2] [This is with exception to Shehiyah/Chazara/Hatmanah and Amira Lenachri in which case one must wait Kdei Sheyasu after Shabbos.]

 

What is the law if one further cooked a food which was already cooked to the point of Ben Drusaiy?[3]

The food is forbidden.

 

If one mixed a food that is on the fire is the food forbidden?

If the food is fully cooked and one did so Beshogeig, then seemingly the food remains permitted being this mixing is only a Rabbinical prohibition. If, however, the food was not fully cooked, then seemingly the food is forbidden, although this matter requires further analysis.[4]

 

What is the law if one did a forbidden action to another person’s food, such as he mixed the food on the fire or added cold water to it or turned on the flame?[5]

If the Jew did not cause any benefit to the food and was not told by the owner to do the action, the food remains permitted for the owner and others and is only forbidden for the perpetrator.[6] Thus, if someone added cold water to one’s food that is on the fire, or removed it from the fire and then returned it without fulfilling the Chazara conditions[7], or he extinguished the fire under the pot and then reignited it, the food is permitted for the owner and others.

 

If one asked a non-religious Jew to cook food for him on Shabbos what is the law?

Some Poskim[8] rule that food is forbidden for the asker forever.

 

May one eat in a Kosher restaurant that cooks food on Shabbos?[9]

No.

 

If a gentile cooked one’s food on Shabbos without his knowledge, is it forbidden?[10]

Yes.

 

If a Jew cooked another person’s food without his permission, is it forbidden?[11]

Yes.

 

What is the law if one raised the flame under a pot of food?

This matter requires further analysis.[12]

 

What is the law if one lowered the flame under a pot?

The food is permitted.

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[1] Admur 339:7; Mishneh Terumos 2:3

[2] Implication of 339:7; 405:9; Gr”a; Chayeh Adam; M”B 318:3 and in Biur Halacha “Hamivashel”; and is implied from Admur in the Halacha here that the fine only applies to a Biblical prohibition. [Ketzos Hashulchan 124 footnote 2]

Other opinions: Some Poskim rule that a Rabbinical transgression has the same law as a Rabbinical transgression. [P”M 318 brought in Biur Halacha ibid]

To note: There is a story noted with the Chofetz Chaim [as told over by Rav Shmuel Chaim Kublanken, who was eating by the Chofetz Chaim that Shabbos, to the author of the Ketzos Hashulchan] regarding that he, the Chofetz Chaim, had forgotten and accidently salted radishes prior to adding oil to it [which is possibly forbidden according to the Rambam, as well perhaps he did not have oil in which case it is forbidden according to all] and when he remembered he pushed the radishes away and avoided eating them. Nevertheless, one must say that this was a mere stringency of the Chofetz Chaim in order to follow those opinions [Peri Megadim] which are also stringent by Rabbinical prohibitions to forbid the food. This however is not the actual Halachic ruling. As well one must say that the Chofetz Chaim added some liquid to the radishes as otherwise he would in truth have transgressed the salting prohibition according to the second opinion. [Ketzos Hashulchan 128 footnote 5]

[3] Ketzos Hashulchan 124 footnote 3 based on Admur 253 KU”A 9

Background: The Mishneh Berurah 318:27 rules that in all scenarios where an opinion exists which permit one to heat a certain food on Shabbos then if one transgressed the stringent ruling and heated it, nevertheless it remains permitted to be eaten on Shabbos. Thus, if food was already cooked to Ben Drusaiy from before Shabbos, then even if one transgressed and further cooked it on Shabbos it is permitted. The Ketzos Hashulchan 124 footnote 3, however, rules based on Admur 253 KU”A 9 that this leniency of after the fact only applies to prohibitions which have been brought in the Shulchan Aruch with dissenting opinions, and have not been fully ruled upon, in which case even though we may be accustomed to being stringent one may be lenient after the fact. However, if in the Shulchan Aruch it plainly rules like the stringent opinion, then one must be stringent even after the fact, despite that there are other opinions brought down in Shulchan Aruch which rule leniently. Thus, if one were to further cook a food that was already cooked to the point of Ben Drusaiy it would be forbidden to eat on Shabbos. 

Other opinions: Some Poskim rule the food is permitted. [M”B 318:27]

[4] See previous Q&A; Furthermore, if the food would have anyways been cooked without this mixing one has not really benefited at all from the mixing and is hence similar to the ruling that one may benefit from Maaseh Shabbos if he would have been able to regardless receive the same benefit without the action being done. [See Admur 276:14; Piskeiy Teshuvos 276:16; Igros Moshe 3:47] On the other hand perhaps the Sages prohibited benefiting from the action of a Jew even if no benefit was received. See 253:24 regarding a dispute in this matter in a case that one returned a pot without fulfilling the Chazara conditions. Vetzaruch Iyun.

[5] Piskeiy Teshuvos 253:11 based on Mahrshag 2:130; Imrei Yosher 1:129; Michzeh Eliyahu 1:53; Migdanos Eliyahu 2:150; 3:1

[6] However, regarding if the person mixed the food, see previous Q&A regarding if it is forbidden for the perpetrator himself.

[7] If the food was not fully cooked and was returned then according to Admur seemingly the food would be forbidden for all even it was already half cooked as explained in the previous Q&A. Vetzaruch Iyun as perhaps if the food would have anyways been cooked without this mixing one has not really benefited at all from the mixing and is hence similar to the ruling that one may benefit from Maaseh Shabbos if he would have been able to regardless receive the same benefit without the action being done. [See Admur 276:14; Piskeiy Teshuvos 276:16; Igros Moshe 3:47]

[8] Bris Olam Shehiya 58 based on P”M 325 A”A 23

[9] Bris Olam ibid; Kesav Sofer 50

[10] See Admur 276:1

[11] See Admur 276:1; Piskeiy Teshuvos 253:11

[12] This is similar to one who mixed the food while it is on the fire of which we wrote earlier the different sides in this matter.

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