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1. Scattering items by throwing them into the wind:[1]
The Av Melacha:
Artificial wind-blowing on pesoles
Scattering without wind
A. The prohibition:[2]
First opinion-Is always liable: One who throws something into the wind and the wind scatters it, is always[3] liable for the winnowing prohibition.[4]
Second Opinion-Only if intends to scatter: However according to those opinions which say that any action done which is not for its own use one is exempt on, so too here he is exempt [from winnowing in a case where he does not care for the scattering of the item] although it is Rabbinically forbidden even if he does not intend to do so, so long as the occurrence [of scattering] is inevitable.
Third Opinion-Only if intends to retrieve part of the scattered item after scattering it: Biblically one may crumble bread and throw it into the wind, as Zorah is only an Av Melacha when throwing kernels in order to separate the peel from it, as this is considered Borer (food from the wastes [psoles]) (wastes from the food[5]), however when one throws all of the food into the wind, there is no Biblical prohibition.[6] [However Rabbinically this is forbidden to be done.[7]] See Footnote for Final ruling[8]
B. Spitting into the wind:[9]
One who spits in the wind and the wind scatters the saliva is liable for the winnowing prohibition.[10]
Other Opinions: However according to those opinions which say that any action done which is not for its own use one is exempt on, so too here he is exempt [from winnowing]. However, it is Rabbinically forbidden even if he does not intend to winnow, so long as the occurrence [of its scattering] is inevitable. [This opinion is the main Halachic opinion, as explained in Final ruling in A] [See footnote for opinion of M”B[11]] [See Q&A]
C. Crumbling bread and throwing it into the wind:[12]
First Opinion: Biblically one may crumble bread [on Pesach] and throw it into the wind, as Zorah is only an Av Melacha when throwing kernels in order to separate the peel from it, as this is considered Borer (food from the wastes [psoles]) (wastes from the food[13]), however when he throws all of the food into the wind, there is no Biblical prohibition.
Second Opinion:[14] There are opinions which say that throwing the crumbs in the wind is a complete Biblical Melacha, as explained in the above Halacha regarding spitting.[15]
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Summary: Although there is dispute with regards to in which cases scattering an item through throwing it in the wind contains a Biblical prohibition, according to all it remains Rabbinically forbidden to do so. One may thus not spit or throw breadcrumbs into the wind on Shabbos.
Q&A Does the Winnowing prohibition apply only if the wind will scatter the thrown item to many pieces or even if it simply carries the item, having it remain a single unit?[16] This matter is disputed between the commentators on the Yerushalmi [49b].[17] Practically one is to be stringent in this matter, as so seems to be the logical definition of winnowing.
If the wind will not scatter the saliva but simply carry it along, is it nevertheless forbidden? Yes- See above.
May one spit into the wind if having it carried in the wind is against his will, such as that he is spitting in a direction that the wind will throw the saliva back at him?[18] Yes, one may spit in such a situation. The reason is because in such a case it is considered an inevitable act which one desires not to occur, of which we rule that it is allowed to be done by a Rabbinical prohibition.[19]
May one spit into the air if it is indefinite whether or not the wind will in truth take the saliva with it?[20] Yes, as in such a case it is not inevitable that one will transgress the scattering prohibition [which by saliva is anyways only Rabbinical, as explained] and is therefore allowed.
May one throw pieces of paper or other scatter-able materials into the wind?[21] No, being that the wind scatters them it is forbidden to do so, just as is the law by saliva. Furthermore, one may not even throw a single piece of paper or other item into the wind.[22]
May one spray a can into the air even though the content is being scattered or does this contain a Zoreh prohibition?[23] Yes, one may spray a can, as it is not the wind that is scattering it but rather the air pressure in the can.
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[1] See Admur 319:29; Admur 446:5-6
[2] There is no single Halacha in Admur which mentions these opinions together, they were rather allocated from the two cases below [B AND C] in which Admur makes mention of these opinions.
[3] Even if he does not care for the fact that it will become scattered.
[4] This ruling follows the Yerushalmi [49a], [as opposed to the later ruling which follows the Bavli] that even scattering items not for the sake of separating contains the winnowing prohibition. They as well rule like the opinion which holds that one is liable even for an action which is not done for its own use.
[5] It is unclear what Admur is saying by placing both scenarios in parentheses.
[6] This opinion follows the ruling of the Bavli, as Admur writes in the Kuntrus Achron [446:3] that “Crumbling [a food] and then throwing it into the wind does not contain a Biblical prohibition in accordance to our Talmud [Bavli] which equates the Winnowing prohibition to that of separating, and so rules also the Rambam.” The previous opinion however follows the ruling of the Yerushalmi. The Igleiy Tal as well as many other Achronim rule like this opinion. The Magen Avraham rules to suspect for the opinion of the Yerushalmi as a mere stringency. [Ketzos Hashulchan 146 footnote 13]
[7] So is implied from fact Admur only mentions “Biblically”, and so rules Ketzos Hashulchan 146 footnote 13-see there! See as well 446:6 “If it is possible to destroy it by throwing it into the toilet, or sea then one should not burn it, or throw it into the wind, in order so he diminish the desecration of Yom Tov.” Which implies that it is nevertheless Rabbinically forbidden.
The Ketzos Hashulchan explains that it is Rabbinically forbidden due to that it appears like winnowing.
[8] See B and Footnote there where we conclude that the first opinion is the main Halachic opinion in opposition to the third opinion here. However, regarding the second opinion, since we rule that “any action done which is not for its own use one is exempt on” therefore that opinion would hold true over the first opinion which holds that one is liable even for an action which is not done for its own use. Thus, in conclusion one would only be liable for the winnowing prohibition when scattering the item for a use of its own. Nevertheless, it would be Rabbinically forbidden to do so in all cases.
[9] Admur 319:29
[10] As for the reason that Admur here did not make mention of the dissenting opinion brought in 446:5 [mentioned in C], The Ketzos Hashulchan [146 footnote 13] explains that one must conclude that there was some Kuntrus Achron here which must have gotten lost, as it is impeccable to say that here Admur rules completely like the Yerushalmi and does not even make mention of the opinion of the Bavli which is the opinion mentioned in 446. [Nevertheless, perhaps from the fact that here within the text Admur did not bring the dissenting opinion of the Bavli despite him having mentioned it earlier in the laws of Pesach [which were printed first], and it is only a chance that here there is a Kuntrus Achron on this, it seems clear that practically Admur rules the opinion of the Yerushalmi as the main Halachic opinion.]
[11] The above ruling of Admur follows the Rama who rules that it is forbidden to spit into the wind and it is just a dispute with regards to whether this is a Biblical or Rabbinical prohibit. Many Achronim follow this ruling. However the M”B [319:67] rules [based on Rav Akivah Eigar] that the world is not accustomed to be careful in this being that a) one has no intent to scatter the saliva, as well as b) doing so is not the normal way of winnowing. [See Ketzos Hashulchan 146 footnote 13]
[12] Admur 446:5
[13] It is unclear to me what Admur is saying by placing both scenarios in parentheses.
[14] Admur 446:6
[15] With regards to why Admur did not make mention here of the opinion in 319:29 that it is only Rabbinically forbidden due to that one is only liable for a transgression if it was done for a need of itself [Legufo], explains the Ketzos Hashulchan [146 footnote 13] that throwing chameitz into the wind on Pesach is considered for its own need, being that it is forbidden to own chameitz on Pesach.
[16] Ketzos Hashulchan 146 footnote 13
[17] The Karban Nesanal explains that only when the item is scattered into many pieces is it considered winnowing. However, the Pnei Moshe does not make mention of this and simply writes that having the wind take it away is liable for winnowing.
[18] Ketzos Hashulchan 146 footnote 13
[19] So concludes Ketzos Hashulchan based on that even by the Av Melacha of winnowing which is to throw kernels into the wind to fly away their shaft, of which the wind is not separating the shaft, being that it was already separating through the threshing process, and the wind simply causes the shaft to fly away.
[20] Ketzos Hashulchan 146 footnote 13
[21] Ketzos Hashulchan 146:6
[22] Ketzos Hashulchan 146 footnote 13
[23] Minchas Yitzchak 6:26
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