Filtering tap water on Shabbos [through a Brita filter and the like]

Filtering tap water on Shabbos [through a Brita filter and the like]:[1]

A. Background:

The Borer/Miraked prohibition:[2] Filtering liquids on Shabbos falls under a question of whether it transgresses the Biblical Borer or Miraked prohibition. It is explained in Halacha that in certain scenarios filtering liquids is considered a Biblical prohibition which is either an offshoot [i.e. Tolda] of the separating/Borer prohibition [which is to separate food from its waste using a sifter and sieve] or is an offshoot of the Sifting/Miraked prohibition. In other scenarios, filtering liquids is even initially permitted to be done on Shabbos. The following is a general rule:

The rule: Any liquid which is not drinkable to majority of people in its current state and they thus filter it prior to drinking it, then it is Biblically forbidden to filter it on Shabbos due to either Borer or Miraked.[3] If, however, the liquid is drank by majority[4] of people in its current state without filtering it prior to drinking, then it is permitted to be filtered on Shabbos even if it contains substances in the liquid that will end up getting filtered out by the filter.[5] However, this allowance only applies to those people who are not always particular to filter the liquid prior to drinking it, however, those who are particular to never drink the liquid without filtering it first, may not filter it on Shabbos even though majority of people drink it in its current state and don’t bother filtering it first.[6] However, this only applies if there is something visible within the water that gets filtered out through the filter. If, however, the water is clean and clear without any visible impurities, and one simply desires to filter it from its non-visible impurities, then many Poskim[7] rule that it is permitted to filter it on Shabbos even if one is always particular to filter it before drinking, [and furthermore, even if majority of people are accustomed to filter it]. However, some Poskim[8] are stringent even in such a case to prohibit filtering it on Shabbos.

B. The law:[9]

Typical city water that comes out of the tab is permitted to be filtered on Shabbos through a filter [i.e. a Brita filter and the like[10]], so long as there is no visible substance in the water that gets filtered out as a result of the filtering, even though it does cure the water of impurities that are not apparent to the naked eye. This allowance applies even if one is always particular to drink only filtered water.[11] If, however, the city water contains visible substances which are filtered out by the filter, such as dirt, then if majority of people of the city are accustomed to filter their water, then it is forbidden to filter this water on Shabbos.[12] [If one does not yet know the state of the water and as to whether it contains visible dirt, such as water which enters directly from the tab into a filter, then it has the same status as clear water.[13]] Furthermore, even if majority of people ignore the dirt and are accustomed to drink the water in its current state without filtering it beforehand, nonetheless, a person who is particular to always filter the water beforehand may not filter it on Shabbos, and such a person would need to prepare filtered bottled water before Shabbos.[14] Furthermore, some Poskim[15] are stringent and rule that even if the water is clear of any substance that is visible to the naked eye which becomes filtered through the filter, a person who is particular to always filter the water beforehand may not filter it on Shabbos even in such a case. Those who are stringent like this opinion, must prepare filtered water from before Shabbos.

Water that contains insects:[16] City water that contains insects that are forbidden to be consumed by a Jew, is forbidden to be filtered on Shabbos. [Thus, it is forbidden to enter such water into a Brita filter, or turn on the filtering tab attached to the faucet which is used to filter drinking water. However, if one attaches a filter to the tap of the sink for permanent filtering of all the water that comes out of the spout even when not intended to be drunk [i.e. for simply washing hands], then some Poskim[17] rule that it is permitted to open and close the faucet on Shabbos and have the water automatically filtered even when the intent is to drink from. In such a case it is best to attach a designated cloth filter to the spout rather than an actual metal filter and the like.[18]]

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[1] See Gemara Shabbos 139b; Michaber 319:9-13 and 16; Admur 319:12-17; Migdanos Eliyahu 2:101; Shabbos Kehalacha Vol. 2 P. 346-347; Piskeiy Teshuvos 319:34

[2] Which one is it, Borer or Miraked? In essence the prohibitions of Borer and Miraked are really one and the same, being that they are both a separating prohibition. The reason why this action of separating was split to two different prohibitions is because these were two distinct actions done in the Mishkan and thus were given two different names of prohibition. The difference between Miraked and Borer is only with regards to the form of separation. Borer is considered separating from a solid mixture using a sifter to sift out the waste and have the food remain above. Meraked is a prohibition of sifting a solid mixture and having the food fall out and the waste remain above. [See Gemara Shabbos 73b; 138a; Iglei Tal Zoreh 2-3; Miraked 1; Shevisas Hashabbos Zoreh 2; Toldos Shmuel Zoreh; Tehila Ledavid 319:21; Biur Halacha 319:8 “Meshameres”; Shabbos Kehalacha Vol 2 page 342] Now, by liquid mixtures it is unclear as to which prohibition applies, Borer or Miraked. [Admur 319:12; Gemara Shabbos 138a; 138a; So rules also Rambam 8:11; Biur Halacha 319:8 “Meshameres”; Tehila Ledavid 319:21; Shabbos Kehalacha Vol 2 page 342] The Gemara Shabbos 138a brings a dispute between Rabah and Rebbe Zeira as to which Melacha applies. The Biur Halacha ibid explains that this dispute is only relevant by liquids as one does not do an action to the filter, and the filtering happens on its own as one pours the wine through it. However, when one shakes a sifter to separate the waste from the food, then when the food falls below, such as when sifting flour, all agree that the Melacha is Miraked.

[3] Admur 319:12; Michaber 319:9; Gemara Shabbos 138a; So rules also Rambam 8:11; See Biur Halacha 319:8 “Meshameres”; Tehila Ledavid 319:21; Shabbos Kehalacha Vol 2 page 342

[4] Admur 319:13; Ran; Rashba; Beis Yosef; first opinion in M”B 319:34; Tzemach Tzedek Yoreh Deah 45; Shabbos Kehalacha 2 p. 346

Other opinions: Some Poskim rule it must be fit for drinking to all people. [Bach brought in M”B 319:10; See Tzemach Tzedek ibid]

^[5] See Admur 319:13 “Water or wine which are clear are permitted to be filtered through a filter in order so they become even more clear, or even in order [to remove] the sediment that floats on top of the wine or [to filter out] small twigs that have fallen into it. This is not considered like separating being that [the wine and water] are still drinkable to majority of people even without this filtration”; Rama 319:10 “because it is fit to drink regardless of the twigs”; Michaber 319:9; Shabbos 139b

Other opinions: Some Poskim rule one may never use a filter on Shabbos even if the liquid is clear and fit to be drunk by majority of people. [Rambam 8 brought in Michaber 319:10] Practically we do not rule like this opinion. [M”B 319:41; Admur omitted this opinion]

[6] Peri Megadim 319 M”Z 6, brought in Ketzos Hashulchan 125 footnote 28 and Biur Halacha 319 “Hoil”; Maharam Shick 134; Shabbos Kehalacha Vol. 2 p. 347 and 361 footnote 52; Piskeiy Teshuvos 319:33

[7] Az Nidbaru 8:8; Chut Hashani 25:13, SSH”K 3 footnote 181; Piskeiy Teshuvos 319:34 and footnote 292-293 and 297 and footnote 270 in name of Toldos Shmuel; Shabbos Kehalacha p. 361; Rav SZ”A 3 footnote 163 explains regarding the allowance to use a Pesach cloth to filter water it is due to that one does not see any substance in the water and one is not certain that it contains Chameitz, and hence since there is nothing visible being filtered, therefore it is not subject to Borer, This is in addition to that which is explained in Minchas Yitzchak 7:23, Ketzos Hashulchan 125 footnote 37 and others that by waste which is only questionable if contained within the liquid, the separating prohibition does not apply. So is also implied from the Lashon of the Peri Megadim which is the source for the stringency which mentions “water that has small twigs” in his case of a particular type of person.

[8] Shevet Halevi 11:67; Rav Elyashiv and other Poskim brought in Orchos Shabbos 3 footnote 37, mentioned in Shabbos Kehalacha ibid footnote 52 and Piskeiy Teshuvos ibid footnote 296

[9] See Piskeiy Teshuvos 319:34

[10] Although a Brita filter works by filtering the water through little beads, nonetheless these beads do not make the water be considered mixed with them when the water filters through them, just as we rule regarding pouring water over drugs of wine that is in a filter. [See Admur 319:12, Michaber 319:9 and Mishneh Shabbos 139b “If one had placed dregs in the strainer from before Shabbos then it is permitted to pour water over it in order so the water become more [clean and] clear.”; Chazon Ish 53; Shabbos Kehalalacha 14:36 and Biurim 8; SSH”K 3:64; Piskeiy Teshuvos 319:32 that from here we can learn the allowance to pour water onto coffee that is in a strainer; See also Piskeiy Teshuvos ibid footnote 291 and 294; Minchas Yitzchak 4:99-2 and Shabbos Kehalacha Vol. 2 p. 370]

[11] Az Nidbaru 8:8; Chut Hashani 25:13, SSH”K 3 footnote 181; Piskeiy Teshuvos 319:34 and footnote 292-293 and 297 and footnote 270 in name of Toldos Shmuel; Shabbos Kehalacha p. 361; Rav SZ”A 3 footnote 163 explains regarding the allowance to use a Pesach cloth to filter water it is due to that one does not see any substance in the water and one is not certain that it contains Chameitz, and hence since there is nothing visible being filtered, therefore it is not subject to Borer, This is in addition to that which is explained in Minchas Yitzchak 7:23, Ketzos Hashulchan 125 footnote 37 and others that by waste which is only questionable if contained within the liquid, the separating prohibition does not apply. So is also implied from the Lashon of the Peri Megadim which is the source for the stringency which mentions “water that has small twigs” in his case of a particular type of person.

[12] Admur 319:12; Michaber 319:9; Gemara Shabbos 138a; So rules also Rambam 8:11; See Biur Halacha 319:8 “Meshameres”; Tehila Ledavid 319:21; Shabbos Kehalacha Vol 2 page 342

[13] Ketzos Hashulchan 125 footnote 37

[14] Peri Megadim 319 M”Z 6, brought in Ketzos Hashulchan 125 footnote 28 and Biur Halacha 319 “Hoil”; Maharam Shick 134; Shabbos Kehalacha Vol. 2 p. 347 and 361 footnote 52; Piskeiy Teshuvos 319:33

[15] Shevet Halevi 11:67; Rav Elyashiv and other Poskim brought in Orchos Shabbos 3 footnote 37, mentioned in Shabbos Kehalacha ibid footnote 52 and Piskeiy Teshuvos ibid footnote 296; However, see Piskeiy Teshuvos ibid footnote 293 that even according to the stringent opinion, this only applies if there is a detectable change in taste or smell of the water through filtering it, otherwise, there is no reason to prohibit even one who is always particular to drink filtered water, against filtering it on Shabbos.

[16] Admur 319:23; see Michaber 319:16 that implies it is generally forbidden to filter insects

Other opinions: Some Poskim rule that insects are forbidden to be filtered due to being repulsive [Pesoles] and not do to being forbidden. Hence those worms that are small and are not repulsive are not forbidden. [Chayeh Adam 16:8 and Nishmas Adam 16:5; See Ketzos Hashulchan 125 footnote 37; Kaf Hachaim 319:19-123; Minchas Yitzchak 7:23; Piskeiy Teshuvah 319:34 and footnote 298] From Admur however it is evident that doing so is forbidden as the insects are not Kosher and hence contain a Borer restriction. [Ketzos Hashulchan ibid]

[17] Minchas Yitzchak 7:23 [regarding using a cloth that is attached to the faucet being that since one uses the cloth for all waters which come from the sink, including washing and the like, therefore even the water used for drinking is not considered problematic. See Shabbos Kehalacha 14:27 [Vol. 2 p. 362 ]; Piskeiy Teshuvos ibid; To note however that not all accept this argument [See Ketzos Hashulchan 125:37 end from which it is proven that he did not hold of this Heter].

[18] Minchas Yitzchak ibid; So concludes Rav Farkash, in order so one do the filtering with an irregularity. Nevertheless, from the letter of the law the Minchas Yitzchak rules that even a metal filter is allowed when attached to the spout of the faucet being that it is also filtering the non-drinking water.