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The Term Nolad: The term Nolad generally refers to the Mukztah prohibition associated with items recreated on Shabbos. This term however is also used to refer to the prohibition against melting foods on Shabbos.[1] In Admur, this prohibition is called Molid.[2] The use of the term Nolad throughout this section refers to the prohibition of melting foods and not to the Muktzah prohibition.

1. Crushing and breaking ice/snow with one’s body:

A. Crushing a piece of snow or ice with one’s hands:[3]

Snow and hail and all matters of the like are forbidden to crush with one’s hands, meaning to break them into little pieces, in order so they dissolve into water.

The reason for this is:[4] because doing so is similar to a [forbidden] action [as it appears like] he is creating these waters. [In 318/25 Admur similarly states: “because [through doing so] one is creating [a new substance] on Shabbos which is similar to a [Biblically] forbidden action being that he is creating this water.” This prohibition is formally known as Molid.[5] Others[6] however learn that the prohibition is due to the prohibition of Nolad, which is Muktzah. Others[7] however rule the reason behind this prohibition is due to a decree that one may come to squeeze fruits which are designated to be juiced, being that snow and ice are designated [also] for their liquids.]

Example: · If one froze a bottle of water or juice, it is forbidden to smash the bottle in order to break the ice and drink the liquid. May one Bedieved benefit from the liquid if he broke the ice? If he melted it BeMeizid then it is forbidden for all on Shabbos to benefit from it, and permitted for all immediately after Shabbos.[8] If he did so BeShogeg then is dependent on the dispute in ice that melted near sun. Now although there we rule that Bedieved one may be lenient, perhaps in a case of transgression we are stringent. Vetzaruch Iyun. May one melt ice or other foods within the process of eating? Yes.[9] There is thus no Shabbos prohibition involved in eating ices or ice cubes, or ice cream on Shabbos even if doing so will cause it to melt. Question: [Sunday 14th Elul 5781] I entered a number of bottles of juice in the freezer before Shabbos and when I took it out of the freezer it was partially frozen. I would like to know if it’s permitted for me to shake the bottle on Shabbos in order to turn it into slush?   Answer: No. It is forbidden to make slush on Shabbos due to the Molid prohibition. Explanation: It is forbidden to crush ice with one’s hands, meaning to break them into little pieces, in order so they dissolve into water. The reason for this is because doing so is similar to a forbidden action as it appears like he is creating these waters. This prohibition is formally known as Molid. Thus, if one froze a bottle of water or juice, it is forbidden to smash the bottle in order to break the ice and drink the liquid, and the same logic would apply to prohibit shaking the bottle to make slush. Now, although there is a dispute amongst Poskim if this restriction applies even when there is already liquid into which the ice melts into, practically, we rule stringently in this regard. Sources: Admur 320:16 and 19; Michaber 320:9, 11; Shabbos 51b; Taz 320:7; Rashi Gemara ibid “The reason is because he is Molid Beshabbos”; Sefer Hateruma 234-235; Rosh 4:13; M”B 320:33

B. Washing with icy or salty water/Crushing ice in a way that it melts directly into water:[10]

Washing with salt water: One must beware from rubbing one’s hands with salt being that the salt dissolves on ones hands.[11] However it is permitted to place water onto salt and wash ones hands with it even though that the salt dissolves there on its own, as long as one does not rub his hands.[12]

Washing with icy water:[13] In the winter one needs [to try] to not wash his hands at all with water that has snow or ice [even if one will not rub his hands[14]], as [congealed water] is more easily dissolved then is salt. If one does wash his hands with them[15] he must beware to not press it against his hands in order so he not actively dissolve the ice.

Other Opinions:[16] [However] other opinions say that so long as the melted [substance] is not individually recognizable and rather mixes into another substance, then even if one crushes it with one’s hands it is permitted. Therefore, it is permitted to wash ones hands and rub them with water that contains snow and ice or salt even though he crushes and dissolves them with his hands, being that they mix into the water that is on his hands. Similarly, it is permitted to even to crush with ones hands pieces of ice and snow in order so it melt and flow into a cup of wine or water.

Their reasoning is:[17] because [in their view] the reason behind the prohibition to crush with one hands [pieces of snow and ice] is due to a decree that one may come to squeeze fruits which are designated to be juiced, being that snow and ice are designated [also] for their liquids, [thus here] since they are being mixed into other liquids [the Sages] did not make a decree as doing so is not similar to squeezing fruits designated to be juiced in which the juice squeezed is recognizable on its own.

The Final Ruling:[18] One is to be stringent like the former opinion.    

Breaking/crushing ice/snow with ones hand: To melt it: Is forbidden to break ice into small pieces in order so that it melt[19], even inside of liquid.[20]   Q&A May one crush a piece of ice that is in ones cup of water or juice?[21] No, as explained in Halacha 1B. May one melt ice if the resultant water will anyways go to waste, such as to throw ice cubes in ones sink? See Halacha 4 Q&A there! May one pour water onto ice/salt/sugar and other dissolvable items? See Halacha 2 Q&A there!   May one mix the ice cube or other dissolvable item in his drink using a spoon or the like?[22] See Halacha 2 Q&A there!

 

C. Breaking a piece off from ice:[23]

It was only forbidden [to crush the ice] when one’s intention to crush it is so that it melts. However, it is permitted to break a piece off from it even if through doing so a small amount of water will flow from it.

The reason for this is: because this [melting] is only a small amount and is not given any consideration[24], as well as that one does not have intention [to melt it][25] and it is not considered an inevitable occurrence[26] and furthermore [because] the [melted water] will be going to waste.[27]

The reason for why we do not decree against doing so:[28] ([Since the melted ice is going to waste], it is thus not at all similar to squeezing fruits designated to be juiced in which the squeezed juices are not going to waste, and therefore there is no reason to decree [against breaking a piece of ice] because [one may come to then squeeze fruits for their juice]).

D. Breaking ice in order to get to the water which is underneath it:[29]

By a vessel:[30] It is allowed to break ice [which is covering the water of a vessel] in order to draw water from underneath it as he is not creating water by doing so.[31]

The reason that there is no destroying prohibition involved in this:[32] [As well] there is no [destroying] prohibition involved at all in breaking the ice as anything that is detached [from the ground] which is not a vessel there is no prohibition at all involved in breaking and detaching it, as explained in chapter 314 [Halacha 12].

By a river:[33] However by a river or a well since the ice is attached to the ground it is forbidden to break it.

 

E. Urinating on snow:[34]

Due to the above [stringency in 1B] there is a Posek[35] who was careful not to urinate into snow as a result of the urine the snow melts and this is like one is melting it with his hands which is forbidden according to the first opinion despite that the melted [snow] is not individually recognizable[36] (and as well is going to waste[37]).

Other Opinions: [However] there is an opinion[38] who says that….. it is permitted to urinate onto snow.

Their reasoning is:[39] because this is something which is not possible to avoid doing during the winter when the entire earth is filled with snow and therefore the Sages did not make any decree against doing so.

The Final Ruling:[40] (It is proper to be stringent in an instance that one can easily avoid doing so.)      

F. Stepping on snow:[41]

However, it is permitted to step on snow with ones feet being that it is possible that doing so will not melt and dissolve it, and thus even if it does [end up] melting and dissolving [since] it is done unintentionally it is [therefore] permitted being that it is not an inevitable occurrence.[42]

Other Opinions: [However] there is an opinion[43] which says that even if one’s shoes are wet in which case it will for certain melt the snow [that he steps on] [nevertheless] it is permitted. Likewise, [this opinion says that] it is permitted to urinate onto snow.

Their reasoning is:[44] because this is something which is not possible to avoid doing during the winter when the entire earth is filled with snow and therefore the Sages did not make any decree against doing so.

The Final Ruling:[45] (It is proper to be stringent in an instance that one can easily avoid doing so.)      

General Summary Breaking/crushing ice/snow with one’s hand: To melt it: Is forbidden to break ice into small pieces in order so that it melt[46], even inside of liquid.[47] To use it: However, to break off a piece of ice [to use] is permitted even though doing so will cause some of it to melt, being that one has no intention to melt it and only a small amount is melted.[48] To get the water under it: To break the ice that has frozen over a liquid in a vessel is permitted, although to break ice on the ground is forbidden due to the “destroying” prohibition. [See footnote for other Opinions[49]] To wash one’s hands with it:[50] Is forbidden. Thus, one is to avoid washing one’s hands with icy water even if he will not rub his hands. If one does so he must beware not to press the ice against his hands in order not to actively dissolve it. Urinating on snow/ice:[51] It is proper to be stringent to avoid urinating on snow or ice in an instance that this can easily be avoided. If it is not easily avoidable then one may urinate on it even though it will melt the snow/ice in the process.   Stepping on snow/ice:[52] With dry shoes is permitted. With wet shoes it is proper to be stringent to avoid doing so in an instance that this can easily be avoided.   Q&A May one crush a piece of ice that is in one’s cup of water or juice?[53] No, as explained in Halacha 1B. May one break the surface of ice of a drink that has begun to freeze? Yes. May one break pieces of ice from one’s ice tray in order to place it in his drink?[54] Yes. May one pour some water onto an ice tray to help break the ice?[55] Yes, as this is similar to breaking a piece of ice which is allowed due to that it only melts a minute amount as well as that the excess liquid goes to waste. May one break the surface of ice that is over a very large barrel?[56] If the barrel is large enough to hold 40 Seah then it has the same status as ice which is attached to the ground which may not be broken. May one remove an item that has become frozen to a freezer or fridge? If the fridge/freezer can hold 40 Seah, then seemingly it is forbidden to do so. May an item which has frozen onto one’s windowsill or other area attached to one’s house be removed?[57] If the bottom of the item is frozen stuck to the windowsill or other part of the house, then one may not remove the item from there on Shabbos, as this is similar to breaking the ice that covers a well, which is forbidden. May one remove the sheets of ice that have frozen on one’s windows?[58] No, as this is similar to breaking ice that covers a well which is forbidden to be done. May one break icicles from one’s roof? No.  May one melt ice if the resultant water will anyways go to waste, such as to throw ice cubes in ones sink? See Halacha 4 Q&A there! May one pour water onto ice/salt/sugar and other dissolvable items? See Halacha 2 Q&A there! Q&A on snow from later Poskim May one purposely step on snow for the fun of it on Shabbos?[59] If one’s feet are wet, or the ground is wet, and doing so will inevitably cause the snow to melt then it is forbidden to do so.   Is snow Muktzah?[60] Snow retains the same law as rainwater, and is thus not Muktzah, even if it fell on Shabbos, if it is useable for eating or drinking [of even an animal[61]], or bathing, as stated above by rainwater. However, some Poskim[62] rule that snow that fell on Shabbos is Mukztah due to Nolad. May one sweep snow or ice away from his lawn?[63] Place without Eiruv: It is forbidden for a Jew to move the ice or snow four Amos even if it is not attached to the ground. It is permitted to move it for a space of less than four Amos, if the ice/snow is not attached to the ground as explained next. Whether one may ask a gentile to move the snow-see next! Place with Eiruv or moving less than four Amos: If the snow or ice is attached to the ground then it is forbidden to break it due to the destroying prohibition.[64] If it is not attached to the ground then it may be moved.[65] In a time of great need, such as due to worry of falling and injury, many Poskim[66] are lenient to allow one to move the ice even if it is attached to the ground. Nevertheless, if possible, one should do so through a gentile. Asking a gentile:[67] It is permitted to ask a gentile to sweep away the snow or ice in order to prevent injury. This applies even if there is no Eiruv and the ice is attached to the ground.[68]   May one spread salt on snow?[69] It is permitted to spread salt on snow or ice in order to prevent people from slipping.[70] If possible, however, one should only do so in private, or through a gentile due to Maaras Ayin.[71] [It is, however, initially forbidden to do so for no need at all, such as people anyways do not walk through that area.[72]] May one pour water on the ice in order to melt it and prevent slipping? Some[73] write that it is permitted to do so.[74]   May one make snowballs and snow men? Making snowballs on Shabbos does not transgress the Molid prohibition.[75] Nevertheless, some Poskim[76]  rule it is forbidden to make snow balls on Shabbos.[77] Children: Some Poskim[78] rule that by children below nine years old one may be lenient to allow them to make snowballs in an area where there is an Eiruv. If however there is no Eiruv then every child above Chinuch is forbidden to throw snowballs. Other Poskim[79] rule it is proper to refrain all children [which have reached the age of Chinuch] from making snowballs on Shabbos. Snow man:[80] In all cases it is forbidden for even children [above the age of Chinuch] to make snowmen and the like.

Eating an “Igloo” [“otter pops” popsicle in plastic wrapper] on Shabbos:[81] Opening the Igloo: Some Poskim[82] rule that the hole in the Ices is to be torn with one’s mouth and not with a vessel.[83] One must be careful not to tear it in an area that contains letters or pictures. Erasing letters:[84] One must be careful to avoid sucking on the Igloo in a way that the letters will be erased. If the erasing of the letters will inevitably occur then it is forbidden to eat it on Shabbos. However, one may give it to a child below the age of Chinuch. Crushing the ice: It is forbidden to crush the ice that is inside the wrapper due to the melting [Nolad] prohibition. However, one may chew on the section of the igloo that is in his mouth as doing so is the form of eating. One however may not do so with intent to melt the ice and remove it to eat later on. Freezing the igloo on Shabbos:[85] One is to be stringent to avoid doing so.

________________________________________________________________

[1] See Rama 326:10 “Due to Nolad”; Sefer Haterumah 235 “Nolad”

[2] See Admur 318:25 and 326:10; Rashi Shabbos 51b

[3] Admur 320:16; Michaber 320:9; Shabbos 51b

[4] Admur ibid and 318:25 “He is Molid”; Taz 320:7; Rashi Gemara ibid “The reason is because he is Molid Beshabbos”; Sefer Hateruma 234-235 “Because of Nolad” as understood by Rosh 4:13; brought in M”B 320:33

The ruling of the Sefer Hateruma: Some Rishonim learn the Sefer Hateruma to be agreeing with the reason of Rashi, and that the reason is because of Molid, and the word Nolad in the Sefer Hateruma means Molid. [Rosh 4:13] Others however understand the Sefer Hateruma to be giving an alternative reason behind the prohibition, and that Nolad and Molid are two different concepts, and that Nolad refers to the Muktzah prohibition. [Ramban 51b; Rashba 51b; brought in Shaar Hatziyon 320:35; M”B 318:105] It is implied from Admur 318:25 like the Rosh, that he holds the Sefer Haterumos term Nolad refers to Molid Davar Chadash.

[5] Rashi ibid; Admur 318:25

[6] Sefer Hateruma ibid as understood by Ramban 51b and Rashba 51b; brought in M”B 320:33 and 318:105; See Rama 326:10

Opinion of Admur in Sefer Hateruma: Admur does not mention the term Nolad anywhere in the Halachos dealing with this prohibition. Furthermore, when explaining the opinion of the Sefer Hateruma in 318:25 regarding the prohibition to place fat near the sun he writes the reason is due to Molid. Hence, we clearly see that Admur interprets Nolad as Molid and not as Muktzah.

[7] Opinion in Admur 320:19 [brought in Halacha 1B], as well as 326:10 [brought in Halacha 4]; M”A 320:13; Ramban 51b; Rashba 51b; Implication of Rambam Shabbos 21:12 brought in Maggid Mishneh; brought in M”B 320:33; Vetzaruch Iyun as to why this reason was omitted here, in 320:16, which is the Halacha dealing with the reason behind the prohibition. Perhaps this is because in truth Admur holds that the main reason behind the prohibition is “Nolad” and as he himself rules in both Halachas mentioned above that one is to be stringent like the opinion which holds of the “Nolad” reason. Regarding why Admur in 318:25 mentions this reason to explain why the melted substance is forbidden, see below Halacha 4 in the footnotes.

^[8] Admur 339:7; Mishneh Terumos 2:3

[9] Setimas Haposkim; We have never heard of such a prohibition, or even stringency, not to eat foods that melt in the mouth. This is because it is Derech Achila and is thus not a Melacha. So is also inferred from the Poskim which write only that one may not turn water into ice using one’s hands, hence implying that the decree only applies when done with one’s body, not within the process of eating. See also 320:2 that it is disputed if one may enter the grape into his mouth and suck and the main opinion rules it is permitted, although one who is stringent is blessed. Vetzaruch Iyun as for the reason why here no such stringency applies. Perhaps however eating a meltable food is the only way of eating and is hence the DerecH Achila whole a grape can be eaten and not sucked, and hence when one sucks it can be more compared to a Melacha. Vetzaruch Iyun! 

[10] Admur 320:19; Michaber 320:12; Rosh 

[11] Admur ibid; Michaber 320:12; Sefer Hateruma 235

[12] Admur ibid; Taz 320:9; M”B 320:38

[13] Admur ibid; Michaber 320:11; Rosh and Tosafus 51b

[14] So is evident from Admur ibid, as washing with salt water is only permitted if one does not rub his hands and here Admur is saying we are more stringent by icy water and do not wash with it at all.

[15] As the lenient opinions [brought next] allow

[16] 2^nd opinion in Admur ibid; M”A 320:13 and 16; M”B 320:34; Tosefta; Ramban ibid; Rashba ibid; Ran; Maggid Mishneh 21:13

[17] Rishonim ibid

[18] Admur ibid; Michaber ibid; Biur Halacha 320:11 “Yizaher”; Shaar Hatziyon 318:146 “It is proper to initially be stringent”; So is evident also from Michaber 320:13-14 and the fact the Poskim don’t argue on the ruling on the basis that it melts into liquid. [Shaar Hatziyon ibid; See Ketzos Hashulchan 126 footnote 2 and 14]; Rav Poalim 3:14

^[19] Admur 320:16

^[20] Admur 320:19

[21] Ketzos Hashulchan 127:1

[22] So is implied from Ketzos Hashulchan 127 footnote 2. See also SSH”K 10:2 and footnote there.

[23] Admur 320:17; Taz 320:7; M”B 320:32

[24] Admur ibid; Beis Yosef 320; omitted in Taz and M”B ibid; To note however that everyone agrees that the Rosh holds one may not urinate on snow even though one has no intent and it goes to waste and hence certainly this reason is necessary even according to the Taz and M”B ibid Vetzrauch Iyun as for what reason they did not mention it.

[25] Admur ibid; Taz 320:7; Beis Yosef ibid; M”B 320:32

[26] Admur ibid; omitted in Taz, Beis Yosef, M”B; To note that in Michaber 320:14 and Admur 320:20 we explicitly rule that not having intent to melt does not suffice [if it is a Pesik Resihei], and hence it is forbidden to urinate on snow according to the Machmirim. However see M”B 320:36 and 39 which seems to accept that the reason of “no intent” can suffice [even if it is a Pesik Reishei] according to the Makilim regarding urinating on snow. 

[27] Admur ibid; Taz ibid; Beis Yosef ibid; M”B 320:32

Are all three reasons required? See Shabbos Kehalacha vol. 3 17 footnote 84 and Tosefes Biur p. 157 that one does not require all three reasons. The Meor Hashabbos 3:13-98 writes that perhaps we require all three reasons and hence one cannot learn any allowance to other cases of a “small amount” unless all three reasons apply. Reason of “A small amount”: In 318:26 it states that one may place fat near the sun if only a small amount will melt. Hence, we see a small amount is not significant. However perhaps here that one is doing so with his hands it is more stringent and this reason alone does not suffice. Likewise, perhaps this reason only helps according to the Rishonim that hold of “Molid Davar Chadash” while according to those that hole of “Atu Sechitas Peiros” then even a Davar Muat is forbidden, as where do we ever see in the laws of Sechitas Peiros that one may squeeze a small amount? [See Shabbos Kehalacha vol. 3 17 footnote 84 and Tosefes Biur p. 157 that the reason of “a small amount” suffices as Admur rules in 318:26. Vetzaruch Iyun as explained above that there is a difference in case.] Reason of not Pesik Reishei and no intent: In other areas in Shulchan Aruch it is ruled that this reason alone suffices. [Shabbos Kehalacha ibid] Regarding if no intent but is Pesik Reishei-see previous footnote. Reason of “going to waste”: In 320:20 Admur explicitly writes that it alone does not suffice according to the opinion [Rashi] that holds the reason of Molid, and thus holds one may not urinate on snow even though the snow melts into the urine [and is permitted according to the Rishonim that hold of Sechitas Peiros]. So is also implied from the fact that Admur in parentheses in the reason troubles himself to explain why if it goes to waste it is permitted according to the Rishon of Sechitas Peiros and does not explain whether this suffices according to the Rishonim of Molid. [So explicitly writes Tehila Ledavid 320:15] Does reason 1 and 2 suffice: If only a little will melt and one has no intent, seemingly it would still be forbidden if it does not go to waste, due to the decree of Sechitas Peiros according to Ramban/Rashba. Hence one may not pour water into a cup with ice. So rules Piskeiy Teshuvos 320, however Shabbos Kehalacha is lenient. Does reason 1 and 3 suffice: Tzaruch Iyun if the melting is a small amount and will go to waste it is permitted even though it is a Pesik Reishei and hence the 2^nd reason is not relevant. The ramification would be in a case that one desires to wash his hands over ice cubes. Shabbos Kehalacha 17:29 rules leniently. Does reason 2 and 3 suffice: If the melting is not a small amount but one has no intent and will not go to waste, it does not suffice, as is proven from Michaber 320:14 that brings the Rosh who rules one may not urinate on snow even though one has no intent and it goes to waste. Thus, one may not open the sink with a strong current onto ice even if he has no intent and it will go to waste. Vetzaruch Iyun as for why the Taz and M”B ibid omitted the reason of “small amount” [hence implying it is not necessary] if they too agree to this ruling of the Rosh. 

[28] Admur ibid; See previous footnote that this reason only suffices according to the Rashba/Ramban and not according to Rashi.

[29] Admur 320:18

[30] Admur ibid; Michaber 320:10; Tur in name of Avi Haezri

[31] Admur ibid; Taz 320:8; Vetzaruch Iyun as in the previous Halacha we assumed that breaking a piece of ice does cause water to melt, thus what is the difference between here and there?

Other reasons: Some write the reason is because one does not have intent for the water to melt. [Gr”a 320:10; M”B 320:36] Vetzaruch Iyun as in Michaber 320:14 regarding the prohibition of urinating on snow it is clear that even if one does not have intyent to melt it is nevertheless forbidden.

[32] Admur ibid; Mamar Mordechaiy, brought in Shaar Hatziyon 320:39

Other reasons: Some Poskim write the reason it is permitted is because it is similar to the Heter to break a barrel to get to the food that is inside. [M”A 320:15 in name of Mordechai] The M”B ibid negates this reason as being superfluous, and so is apparent from Admur ibid

[33] Admur ibid; M”A 320:15; P”M 320 A”A 15; Chasam Sofer 89; Nishmas Shabbos 257; Yad Eliyahu; Ben Ish Chaiy 2 Yisro 10;  Shulchan Atzei Shitim; Chesed Lealafim; See Ketzos Hashulchan 127 footnote 11; Shabbos Kehalacha 17:34

Other opinions: Some Poskim rule there is never building or destroying prohibition by ice even if it is attached to the ground. [Even Haozer 363; Kneses Yisrael; Mamar Mordechaiy; Tosefes Shabbos; Elya Raba; Machatizs Hashekel] The Mishneh Berura 320:36 concludes one may be lenient if there is a Shabbos need.

Breaking ice in time of need-Tevila:Netilas Yadayim; thirsty: Some of the above Poskim [that rule like Admur ibid] rule one may be lenient in a time of need such as for Tevilas Mitzvah. [Ben Ish Chaiy ibid; Kaf Hachaim 320:5; Shabbos Kehalacha 17:35]

Is the above prohibition Biblical or Rabbinical: The Poskim ibid do not write whether the above is Biblically or Rabbinically forbidden, and whether the prohibition is Soser or Boneh. The P”M writes it is Boneh, as one is Mitaken the floor. If the prohibition is Soser, it is certainly only Rabbinically forbidden being that one does not intend to rebuild it.

[34] Admur 320:20; Michaber 320:14

[35] Rosh brought in Tur; Michaber ibid

[36] Admur ibid; M”A 320:17

[37] From here we learn that the fact the melted liquid goes to waste does not suffice to permit the action of melting, and hence in 320:17 the reason of “goes to waste” was only used in combination of other reasons. This follows the ruling of Rashi [who the Rosh evidently rules according to] that the entire prohibition against melting is due to Molid Davar Chadash and hence going to waste does not make it permitted. This follows the first opinion in 320:19, the previous Halacha. However according to the opinion of the Rashba/Ramban [which is the second opinion in the previous Halacha], if it goes to waste it is permitted. Hence, according to the Rashba/Ramban there are two reasons here to permit urinating on snow, as it mixes with water and goes to waste. [See Tehila Ledavid 320:15]

[38] Mahram Merothenberg brought in Tur; Michaber ibid; Tashbatz 65

[39] Admur ibid; Taz 320:11

[40] Admur ibid; Rashal on Tur; Bach 320; Shelah Shabbos Neir Mitzvah; Elya Zuta 320:8; M”B 320:40; Kitzur SHU”A 80

If the urine will become absorbed within the snow: Some Poskim rule that if the urine will become completely absorbed in the snow then it is permitted to do so, being the liquid is not recognizable. [Ashel Avraham Butchach 320; See Shabbos Kehalacha 17:57 who negates this matter being the Poskim did not mention any such leniency.]

[41] Admur 320:20; Michaber 320:13; Tur in name of Mahrahm Merothenberg and the Rosh

[42] Admur ibid; Tur in name of Rosh, brought in Taz 320:11; Levush 320:11

[43] Taz 320:10

[44] Admur ibid; Taz ibid based on Tur; Brought in M”B 320:39

Other reasons: Some Poskim rule the reason is because one does not have any intent to melt the ice through doing so. [M”B 320:39 in name of Tosefes Shabbos; See Shabbos Kehalacha 17 footnote 147]

[45] Admur ibid; See Shabbos Kehalacha 17 footnote 145

^[46] Admur 320:16

^[47] Admur 320:19

^[48] Admur 320:17

^[49] Admur 320:18; So rules the Magen Avraham that ice attached to the ground has a building and destroying prohibition. However, there are Poskim [Mamar Mordechaiy; Tosefes Shabbos; Elya Raba] which rule that there is never building or destroying prohibition by ice, and so rules the Mishneh Berura [320:36] if there is a Shabbos need.

^[50] Admur 320:19

^[51] Admur 320:20

^[52] Admur 320:20

[53] Ketzos Hashulchan 127:1

[54] Ketzos Hashulchan 127 footnote 11 Minchas Shabbos

[55] Az Nidbaru 6:5; Vetzaruch Iyun according to Admur who writes that the reason of permission of no intent is because it is not a Pesik Resihei, while here it is a Pesik Reishei.

[56] Ketzos Hashulchan 127 footnote 11

[57] Ketzos Hashulchan 127 footnote 11

[58] Ketzos Hashulchan 127 Footnote 12

[59] Makor Chaim 320:13; Shabbos Kehalacha 3:59

[60] Rav SZ”A in SSH”K 16:44 footnote 110; Beir Moshe 6:30; Har Tzevi Kuntrus of 39 Melachos “Soser”, and so is implied from other Poskim who deal with the question of making snowballs on Shabbos.

[61] M”B 338:30

[62] Igros Moshe 5:22-37; The Peri Megadim Introduction to Hilchos Yom Tov 29 rules that snow that fell on Shabbos is considered Muktzah due to Nolad Gamur. The Beir Moshe ibid questions this ruling, bringing many proofs against it.

[63] See Shabbos Kehalacha 17:66

[64] This follows the ruling of Admur 320:18; Shabbos Kehalacha 17:66; However according to those Poskim which rule that doing so does not involve a destroying prohibition, then it is permitted to be done in a place with an Eiruv. So rules Mishneh Halachos 4:45; Piskeiy Teshuvos 338:13.

[65] Seemingly it may be moved even if it is dirty being that it is a Geraf Shel Reiy

[66] See Ben Ish Chaiy ibid; Kaf Hachaim 320:65; Shabbos Kehalacha 17:35 that allow this in a time of need, even though they hold of the opinion that breaking ice attached to the ground involves Soser. The Ben Ish Chaiy ibid rules that in such a case one may rely on the lenient opinion. However, the Kaf Hachaim ibid writes that perhaps in a case of pain all agree that the Sages did not make their decree. Nevertheless, from the simple implication of Admur that rules like the M”A that doing so is forbidden it seems that this allowance does not exist even in a time of need, just like any other prohibition. This is unlike Shabbos Kehalacha ibid.

[67] Shabbos Kehalacha ibid

[68] As it is permitted to perform a Shevus Deshvus in a case of a great need, and breaking the ice as well as carrying today in a Karmalis is only a Rabbinical prohibition. [However, in places like Manhattan that it is considered a Biblical domain according to many Poskim, seemingly one may not ask the gentile to clear the path in a way that he will move the snow or ice four Amos.]

[69] Beir Moshe 1:28; SSH”K 25 footnote 49; Shabbos Kehalacha 3 17:61

[70] The reason: As this is similar to placing ice near a fire which is permitted to be done in a time of need, as explained in Halacha D. [Shabbos Kehalacha ibid footnote 158] The Beir Moshe ibid also deals with the aspect of “Mashveh Gumos” in regards to spreading salt on the ice [See Admur end of 313], however he negates this matter completely. To note that according to science, salt does not heat up the ice but simply lowers its freezing temperature from 0 celsius to -10 celsius.

If the ice is attached to the ground: It requires further analysis if this would be allowed according to Admur which holds there is a destroying prohibition by ice attached to the ground. Vetzaruch Iyun as in this case he is not actually breaking anything but rather simply causing it to melt. Vetzaruch Iyun

[71] Beir Moshe ibid; Shabbos Kehalacha ibid

[72] Pashut, as we are initially stringent against placing ice near the fire

[73] Shabbos Kehalacha 3 17:62; Nishmas Shabbos Sechita 246

[74] The reason: As in a time of need one may rely on the lenient opinion [Rashba/Ramban] that rules it is permitted to even actively melt ice if it mixes with the water and is not individually recognizable. [see above Halacha B] and it is precisely for this reason that their opinion was recorded in Admur ibid and other Poskim, to allow one to be lenient in a time of need. [Shabbos Kehalacha ibid footnote 160] 

[75] Shabbos Kehalacha ibid; Nishmas Shabbos 320:249

The reason: As all the reasons for permitting breaking ice on Shabbos is likewise relevant here.

[76] Makor Chaim [Chavos Yair] 320:9; Shabbos Kehalacha Vol. 3 17:67; SSH”K 16:44; Beir Moshe 6:30

[77] The reason: Some Poskim rule that doing so is forbidden due to the building prohibition. [Makor Chaim ibid; SSH”K 16:44] Other Poskim argue that doing so contains no building prohibition being that it does not contain the building characteristics and does not last at all. [Beir Moshe 6:30] However the Beir Moshe concludes that it is nevertheless forbidden being that doing so causes snow to melt, which is forbidden. [Vetzaruch Iyun Gadol as from Admur [320:16 -18] who writes that the prohibition is only when one intends to use the melted water, while by a snowball there is no intent for it to melt at all. Furthermore, the source of the Beir Moshe from 320:19 itself is dealing with crushing snow together within water when washing, and one thus certainly cares about having more melted water.]

[78] Beir Moshe ibid

[79] Shabbos Kehalacha ibid; In footnote 167 he writes that in truth there seems to be no reason to prohibit making snowballs, however he nullifies his opinion in face of the Makor Chaim which explicitly chastises those that make lads that make snowballs on Shabbos and throw them at each other.

[80] Beir Moshe ibid; Shabbos Kehalacha ibid

[81] See Shabbos Kehalacha Vol. 3 17:52-55

[82] Shabbos Kehalacha 17 footnote 131; See Meor Hashabbos 13 footnote 105

[83] As perhaps since the size and form of the hole made is of benefit to the eater, perhaps it is considered a “nice hole” which is forbidden due to Tikkun Keli. [314:1]

[84] See Volume 3 “The Laws of Writing and Erasing”

[85] See end of the section.