3. Placing a frozen/congealed item in an area where it will melt on its own

This article is an excerpt from

To purchase this Sefer, click here

3. Placing a frozen/congealed item in an area where it will melt on its own:

Important Note: In all scenarios below, it is forbidden due to the cooking restrictions to place the item in an area where it can reach Yad Soledes. The below discussion is only with regards to if melting the item to less than Yad Soledes contains a Nolad prohibition. See “The Laws of Cooking” for further reference on the cooking prohibition!

A. Placing congealed fat in an area where it will melt:[1]

Note: This Halacha was already fully discussed in “The Laws of Cooking” Halacha 8. See there for the full discussion on this topic.

  • The First Opinion:[2]

Foods which are filled with pieces of congealed fat [whether of meat or fish[3]] are forbidden to be heated up even at a distance from the fire which is even in a place where [the food will] not [be able to get heated to the point of] Yad Soledes.[4]

The reason for the above restriction is:[5] because the congealed fat that is inside [the food] melts [in the heat] and doing so is similar to [one] crushing a piece of ice in order to liquefy it, in which case the Sages prohibited [one from doing so] being that [through doing so] one is creating [a new substance] on Shabbos which is similar to a forbidden action being that he is creating this water [from the ice] as will be explained in the next Halacha regarding placing ice near a source of heat. This same decree applies as well to dissolving fat.

The law if the fat will melt into the food and will thus not be recognizable:[6] However the above [prohibition to melt the fat] only refers to when so much fat has melted that it oozes out [of the pastry], and is its own substance. [Meaning] that it is not mixed into any other food and is [thus] recognizable on its own. However, if it has been left such a great distance [from the fire] that not enough fat will melt for it to ooze out [of the pastry], and rather only a slight amount of it will melt and will get absorbed into the pastry itself and [will thus] not be visible on its own, then it is allowed to [be placed there] even initially just like it is allowed to place a piece of ice in a cup of wine despite that the ice will melt into it, being that [the melted water] will get mixed and nullified within the wine in the cup, and is [thus] not a separate substance as was explained above.

Melting congealed fat on top of legumes:[7] According to all opinions it is permitted to place fat that has congealed on top of hot legumes and flour as long as one does not break [the fat] apart with one’s hands, and rather simply places [the fat] on top of them, or into them, letting it melt on its own, being that [the fat] that melts is not [recognizable as] its own substance and rather becomes absorbed within the food.

If a small amount is recognizable:[8] [Furthermore] even if a small amount of [the fat] does flow out [of the pastry or legumes] and is [recognizable as] a substance of its own, [nevertheless] since it is a small amount it is not given any [Halachic] importance and is permitted.

Heating up fatty meat:[9] Therefore it is allowed to heat up on Shabbos a piece of fatty meat even though some of [its fat] will flow being that [what will flow] is [only] a small amount [of fat].

Melting congealed fat on top of a hot roast:[10] It is questionable whether one may place congealed fat on top of a hot roast in order for it to dissolve on its own, as since the melted fat does not get absorbed into the meat but rather floats on its surface it therefore can be compared to a pot [of soup or stew] which its fat has congealed of which the custom is to be initially stringent.

Heating up soup or stew:[11] However it is forbidden to heat up a pot [of stew or soup], which its fat has congealed, even by an area that [it will] not [reach] Yad Soledes, even if there is a lot of broth inside [the pot] and the fat will thus dissolve into the gravy, as nevertheless the fat will float on its surface and be [recognizable as a] separate substance.

Melting fat in the sun:[12] In all cases that it is forbidden to heat up a food with congealed fat [it is] even [forbidden] to do so by leaving it in the sun.

If the fat melted on Shabbos it may not be eaten:[13] If [the fat] already [melted] then the fat that had melted on Shabbos is forbidden [to be eaten]. [This however only applies if one transgressed Molid in the process.[14]]

The reason for this is:[15] as this is the law with juice that has flowed on Shabbos from fruits that are designated to be used for juice which are forbidden [to be drunk] due to a decree that [if this were to be allowed then] one may come to squeeze the fruits on Shabbos [in order to make juice] being that these [fruits] are designated for this purpose as will be explained there [in chapter 320 Halacha 3]. This [suspicion] likewise applies to this fat [that has melted on Shabbos] as since it is common for [the fat] to be liquidly and transparent therefore when it is congealed it is similar to fruits that are designated to be juiced, of which the juice that flows from it on Shabbos is forbidden until night [i.e. after Shabbos].

  • The Second Opinion:[16]

However, there are opinions which argue on all this and say that there is no prohibition at all in melting fat through placing it in a hot area, as the [Sages] only prohibited breaking [and thus dissolving] a piece of ice with one’s hands, however, to let it dissolve on its own there is no decree [against doing so].[17]

 

  • The Final Ruling in Shulchan Aruch:[18]

Concerning the final ruling the custom is to initially be stringent like the first opinion[19] although once the fat has already melted one may be lenient like the second opinion.[20] [Furthermore] even initially[21] one may rely on the second opinion in a time of need, being that this is the main Halachic opinion.[22]

Placing the fat on top of a heater that is not yet lit:[23] As well one may be lenient to place pastries filled with fat onto a heater before it is lit and have it consequently melt when the gentile lights the heater.

The reason for this is:[24] because [in this scenario] even regarding the cooking prohibition, [meaning if one were to place there] a food which has a cooking prohibition applicable to it, [cooking it] would not contain a Biblical prohibition but rather only a Rabbinical [prohibition] if he places it there prior to the gentile lighting the fire of the oven as explained in chapter 253 Halacha 27]. Thus, here since there are opinions which completely permit [one to place even near an active fire] one may at the very least be lenient regarding placing it there before the oven is lit.

Doing it through a gentile, and not in front of an ignoramus: Nevertheless, one should not be lenient in front of an uneducated Jew, and one should do so through a gentile.

 

Summary-Placing congealed fat in an area where it will melt:

In all scenarios below it is forbidden due to the cooking restrictions to place the item in an area where it can reach Yad Soledes.

If only a minute amount of the melted substance is recognizable outside of the solid food, such as the fat of meat, and certainly if it is completely absorbed within the solid food and is not individually recognizable at all, it is permitted. If, however, there is a lot of recognizable melted substance flowing out of the food then initially, if there is no pressing need to do so, it may not be heated even below Yad Soledes, even in direct sun light. However, in times of need it may be heated to below Yad Soledes. As well as it may be placed by a gentile, not in the presence of an ignoramus Jew, on top of a heating surface that will eventually be turned on by a gentile.

In any event, Bedieved that one went head and melted it to below Yad Soledes without the above allowances it is nevertheless permitted to be eaten on Shabbos.

Examples:[25] One may place butter or margarine onto hot lentils and rice and the like of foods that will absorb the melted butter, if it will not reach the point of Yad Soledes. One may not place margarine, or fat onto a hot piece of meat [or potato] if it will not reach Yad Soledes.

 

Q&A

May one melt congealed chicken, meat or fish gravy near a flame or in the sun?[26]

It may never be melted near a fire in an area which will reach Yad Soledes, due to the cooking prohibition. If it will not be able to reach Yad Soledes, or when melting by the sun, then if there will be a nice amount of melted liquid which is apparent, it is forbidden to be done due to the Molid prohibition. If, however, it will become absorbed into the food and thus not be very evident, it is permitted.

Melting foods that are eaten in their congealed state:

Some Poskim[27] permit melting gravy which is accustomed to be eaten even when congealed.[28] Thus, one may melt Gala [Calf’s foot jell], fish gravy and ice cream on Shabbos. Practically however, one is to be stringent unless in a time of need.[29]

May one melt ice cream on Shabbos?

Some Poskim[30] rule it is permitted to do so being it is considered like a food and not like a liquid and thus does not contain a Nolad prohibition. Practically however, one is to be stringent unless in a time of need.[31]

May one melt foods that cannot be eaten in their frozen state, in a time of need?

Some Poskim[32] rule that frozen foods, such as gravy, which can never be eaten in their frozen state may not be defrosted on Shabbos according to all opinions, and hence there is no allowance to place them near a fire even in a time of need. Practically, one may be lenient in this matter.[33]

 

B. Placing plain ice in an area where it will melt on its own:[34]

Note: The two opinions below as well as the final ruling follows the same opinions and ruling of the previous case of melting fat. Here it is brought in reference to melting ice.

First Opinion:[35] It is permitted to place them in the sun or opposite a bonfire in an area where it cannot become hot to the point of Yad Soledes, and they dissolve there on their own.[36]

Other Opinions:[37] [However] there are opinion[38] which say that [the Sages] only permitted to place [the ice] into a cup [of liquid] being that the dissolved water [from the ice] is not recognizable on its own and is rather mixed into the wine or water that is in the cup. However, when the dissolved liquid is recognizable on its own then it is forbidden [to drink this water] even if it already melted, due to the reason explained in Halacha 3A.[39]

The Final Ruling: It was already explained in the previous Halacha that the main Halachic opinion is like the first opinion [here] although that the custom is to initially be stringent [to not melt the ice by placing it near a source of heat, unless it is a time of need. As well it may be done by a gentile not in the presence of an ignoramus on top of a heating surface which he will eventually turn on].

 

Summary-Placing ice in an area where it will melt on its own:[40]

In all scenarios below it is forbidden due to the cooking restrictions to place the item in an area near a flame where it can reach Yad Soledes.

May only be done: a) in times of need, or b) through a gentile, not in the presence of an ignoramus Jew, on top of a heating surface that will eventually be turned on by a gentile. In any event, Bedieved that one went ahead and melted it to below Yad Soledes without the above allowances it is nevertheless permitted to drink on Shabbos.[41]

 

Q&A

May one melt a frozen baby bottle in the sun or near heat in an area that it will not reach Yad Soledes?[42]

Yes.[43]

May one cause an item to melt by removing it from the freezer, if he does not place it near the fire or sun?

Some Poskim[44] rule it permitted to cause items to melt by removing it from the freezer so long as one does not place it near the sun or fire.[45] Other Poskim[46] rule it is initially forbidden to do so, just as one may not place it near the sun or fire.[47] Seemingly, according to Admur one is to be stringent.[48]

May one defrost a frozen bottle of water, soda or juice by removing it from the freezer, if he does not place it near the fire?

Completely frozen: Bottles of water/soda/juices which are completely frozen may not be defrosted on Shabbos due to Nolad, unless in a case of need, as explained in the summary above. This applies even if one does not place them near the sun or fire.[49] However some Poskim[50] permit to defrost all items, including frozen bottles so long as one does not place it near the sun or fire. [Seemingly according to Admur one is to be stringent[51]]. Furthermore, some Poskim[52] allow defrosting liquids of significance [such as milk and wine] even near the sun.[53] Practically however, one is not to rely on this opinion, and is to follow the same ruling as all frozen liquids.[54] 

Partially frozen: It is permitted according to all to be placed even in the sun, or by a non-Yad Soledes area near the fire.[55]

 

May one place ice cubes in his cup with the intent of having it melt and then drink its water?

No[56], although in a time of need one may be lenient to do so.[57] However there are Poskim[58] which rule that this is always allowed so long as one does not place it near a fire or near the sun.

May one place ice cubes on top of bottles of soda and the like in order to cool them down?[59]

Yes, as the resultant water will anyways go to waste. It is thus similar to breaking off a piece of ice which is allowed due to that the melted water which is resulted from the breaking goes to waste, as explained in Halacha 1D.[60] However, one can argue that according to Admur one is not to be lenient in this matter.[61] To avoid any issue according to all, one should simply place water in the tray, and then enter the ice cubes into it, so it mels into the water.

 

May one place ice cubes in a serving tray for the meal despite the fact that they will melt?[62]

Yes, as one has no intent to drink the melted water but rather only to use the ice and it is thus similar to throwing ice in ones sink which is allowed due to that the liquid will be going to waste.[63] However, one can argue that according to Admur one is not to be lenient in this matter.[64] To avoid any issue according to all, one should simply place water in the tray, and then enter the ice cubes into it, so it mels into the water.

 

May one throw out his leftover ice cubes into the kitchen sink despite the fact that they will melt?

According to those Poskim that allow placing ice outside the fridge, if it is not near a flame or the sun, then it is permitted to do so in this case as well. Furthermore, some[65] write that according to all it is permitted in this case being that the resultant water is going to waste. However, one can argue that according to Admur one is not to be lenient in this matter.[66] According to all however one may take the ice from one area of melting and place it in another area, such as from one’s table to the sink. It is only forbidden to take it from the freezer and place it into the sink.

May one wash his hands in a sink that contains ice, such as discarded ice cubes?[67]

Yes.[68]

May one open the faucet if the water stream will directly fall on the ice cubes in the sink?[69]

No.[70]

May one defrost frozen foods that do not turn into liquids on Shabbos, such as defrosting a frozen Challah?[71]

Frozen foods that do not change form upon being defrosted, such as cooked meat [as raw meat is Muktzah], bread, may be defrosted in order to be eaten on Shabbos.[72]

May one defrost frozen milk?

Some Poskim[73] write it is permitted to defrost frozen milk on Shabbos.[74] Practically however, one is not to rely on this opinion, and is to follow the same ruling as all frozen liquids.[75] 

Compilation-May one serve ice cubes in a serving bowl on Shabbos?

It is forbidden to actively melt ice on Shabbos through crushing it and the like.[76] It is disputed whether it is permitted to inactively cause ice to melt, such as through placing it near a heat source, such as the sun.[77] Practically, the custom is to be stringent, unless it is a time of need.[78] A further dispute is added when one is simply removing the ice from its cold environment, such as the freezer and is simply placing it in room temperature.[79] Nonetheless, in a case that one has no intended use of the resultant water that will melt as a result, and one plans to simply throw it out, then it is permitted to inactively cause the ice to melt through placing it in room temperature.[80] Accordingly, there is no prohibition involved in preparing a serving bowl of ice to serve at one’s meal so long as one does not plan to make use of the resultant water that melted from the ice.[81] There is no need to first add water to the ice tray, although doing so certainly adds to the allowance.[82] If, however, one does plan to use the melted water such as to drink and the like, then whether it is permitted to serve the ice in a serving bowl is subject to the above mentioned dispute regarding removing ice from its cold environment. In any event, even in such a case, it is permitted to do so if one first places some water in the bowl and then places the ice cubes into it.[83]

 

Summary:

It is permitted to have a serving bowl of ice cubes at one’s meal so long as one does not plan to make use of the resultant water that will melt from the ice. If one does plan to use the melted water such as to drink and the like, then one is to first place some water in the bowl and then places the ice cubes in it.

 

______________________________________________________________

[1] Based on Chapter 318. See “The Laws of Cooking” Halacha 8 for the full discussion on this topic.

[2] 1st opinion in Admur ibid; 2nd opinion in Admur 320:16; Rama 318:16; Sefer Haterumah 235; Ran in name of Sefer Haterumah; Rosh chapter 4 in name of Sefer Hateruma

[3] Machatzis Hashekel 318:42

[4] Admur 318:25

[5] Admur 318:25; Sefer Haterumah ibid

Other opinions: Some Poskim write it is forbidden due to Nolad. [Sefer Hateruma ibid; M”A 318:42; M”B 318:105] It is unclear however if they refer to Nolad of Muktzah or Molid.

[6] Admur 318:26; M”A 318:40; Sefer Haterumah ibid; M”B 318:105

[7] Admur 318:28; Derisha 318:6; Elya Zuta 318:17; M”B 318:118

[8] Admur 318:26; Taz 318:21; Beis Yosef according to Sefer Haterumos; M”B 318:105

[9] Admur 318:26; Taz 318:21; Beis Yosef according to Sefer Haterumos; M”B 318:105

[10] Admur 318:28; M”A 318:45

Other opinions: Some Poskim are lenient to allow placing precooked fat on hot roast and that doing so does not contain a Nolad prohibition. [M”B 318:118 based on Elya Raba]

[11] Admur 318:26; Rama 318:16; M”B 318:105

[12] Admur 318:25 and Admur 320:16; Taz 318:21; Beis Yosef; M”B 318:105

[13] Admur 318:25; M”A 318:42; 320:14

[14] So can be learned from fact Admur permits even Lechatchila to place the food near an oven that will be turned on by a gentile. See P”M 318 A”A 42 and Iglei Tal Dash 36:12; However according to those that hold of the reason of Nolad-Muktzah, seemingly this would not help. Vetzaruch Iyun. See Shabbos Kehalacha 3 17:3 and 29

[15] Admur ibid; Ran 51b in answer of question of Ramban against Sefer Hateruma

The source of this ruling: The reason mentioned here [in Admur based on Ran] is in truth an alternative reason against the prohibition of melting ice, and is the reason of the Ramban 51b and Rashba 51b and Rambam ibid which argue that melting ice is not forbidden due to Nolad or Molid but rather due to Sechitas Peiros. The fact Admur uses this reason to explain why the melted substance is forbidden aggravates a number of questions: 1) The M”A ibid states the reason it is forbidden is because of Nolad and Admur himself stated earlier this is the reason for the prohibition to initially do so. Why then is Admur here mentioning a different reason for why it is forbidden Bedieved? Furthermore, those that hold [Ramban; Rambam] of the reason of “coming to squeeze fruits” in truth is the second opinion mentioned next  which holds it is even initially permitted to place the fat near the sun to melt, and hence how can their reason now be used against them to prohibit even Bedieved! Perhaps the explanation is as follows: Just as we see the Sages forbade the juice of fruits that flowed on their own due to that one may come to squeeze them and transgress Mifarek, similarly the fat that melts on its own is forbidden due to that one may come to melt the fat with ones hands and transgress Molid! Thus, in truth Admur does not hold at all of the reason of the Ramban and Rashba and just uses the concept to explain why here it would be forbidden. To note that the Rashba ibid does not explicitly rule that one may melt the fat near the sun and only the Ramban and Maggid Mishneh mention it, even though they all hold of the same reason.   

Other opinions: Some Poskim write the reason behind the prohibition is due to Nolad. [M”A ibid and in 320:14] This follows the understanding of the Ramban 51b and Rashba 51b in the Sefer Hateruma 235 that Nolad is a Muktzah prohibition, and is different than the concept of Molid brought in Rashi. See P”M 318 A”A 42 and Panim Meiros 1:84 which explains the M”A ibid is in truth giving two reasons behind the prohibition, one being Nolad [as rules the Sefer Hateruma] and the second being Sechitas Peiros.

[16] Admur 318:27; Michaber 318:16; 320:9; Ramban Shabbos 51b; Implication of Rambam Shabbos 21:12 brought in Maggid Mishneh; Smag; Smak; Rabbeinu Yerucham

[17] The reason: As the prohibition against melting foods on Shabbos is only when done actively, such as with one’s hands and the like. This is just like is the prohibition against squeezing juice on Shabbos which is only forbidden when done actively, and the entire reason for prohibiting melting items on Shabbos is due to the prohibition of squeezing fruits, and it hence intakes all its leniencies. Now, although juice that flowed from fruits on Shabbos is forbidden to be drunk, even though no action was done, this only applies by fruits that are designated for drinking their juice. However, fruits that are designated for eating do not have this prohibition apply, and hence here too, that the fat and ice are meant for eating, the prohibition does not apply. [Ramban ibid, brought in Ran 51b; To note however that Admur omits any explanation or reason for the lenient opinion both in 318:27 and in 320:16. Vetzaruch Iyun Gadol why Admur omits their reason, despite bringing their reason in 320:19 and 326:10 regarding a different dispute that these opinions have.  Could it possibly be that Admur holds of a different reason according to the lenient opinion? Vetzaruch Iyun]

[18] Admur 318:27; 320:16; Rama 318:16

[19] Admur ibid; Rama ibid

[20] Admur ibid; M”A 318:42; M”B 318:106

[21] Admur ibid; M”B ibid

[22] Admur ibid; Rama ibid

[23] Admur ibid; M”A 318:42; M”B 318:106

[24] Admur ibid; M”A ibid; M”B ibid

Why no Issur due to Nolad? Taruch Iyun as according to the Machmir opinion even Bedieved the liquid is forbidden due to that it is similar to the flow of juice, and hence based on this there should be no differentiation whether it is defrosted near a flame or on its own, or through a gentile. [P”M 318 A”A 42 and Iglei Tal Dash 36:12]  Perhaps one can answer [according to Admur] that the prohibition of Bedieved only applies when one transgressed the Lechatchila, such as one did an action to cause it to melt, however if one did not do an action, such as the gentile turned on the flame, then even the Sefer Hateruma agrees it is permitted Bedieved. However according to those that hold of the reason of Nolad-Muktzah, seemingly this would not help. Vetzaruch Iyun. See Shabbos Kehalacha 3 17:3 and 29;

Can one learn from here that according to all one may cause an item to melt in room temperature: No, as perhaps only here, since ones action did not do any melting at all [and only the gentile did so] is it permitted, however to bring the food to room temperature is forbidden. A proof for this perhaps can be brought from the fact Admur does not write the reason behind the allowance to have the gentile turn it on is because the Jew did no action and it is not considered Molid according to any opinion, but rather simply because even by Bishul some opinions are lenient. This implies that even though one did not do an action, it is forbidden according to the Machmirim, and it is only due to that a gentile is doing the entire action that we are lenient.

[25] Admur 318:28

[26] Based on a 318:25-27. So rules Rav Farkash in Shabbos Kehalacha 4:14 without bringing any lenient opinion.

[27] Bris Olam 71; Az Nidbaru 3:8; SSH”K 1:37 [43 in new] in name of Rav SZ”A;

[28] The reason: As even by fruits we only decree against the juice that flowed on its own in a case that the fruits are designated to be juiced, and hence the entire reason of the stringent opinion is not applicable here. [ibid] Vetzaruch Iyun, as this only explains why Bedieved the juice is permitted, however Lechatchila it should still remain forbidden to squeeze it due to Molid Davar Chadash.

[29] Shabbos Kehalacha 3 17:19 based on Machatzis Hashekel 318:42 which prohibits melting fish fat

[30] SSH”K 10:7

[31] Shabbos Kehalacha 3 17:19

[32] P”M 318 A”A 40

[33] Shabbos Kehalacha 3 17:20

[34] Admur 320:16; brought also in 318:25-27 regarding fat

[35] Admur ibid; opinion in 318:27; Michaber 318:16; 320:9; Ramban Shabbos 51b; Implication of Rambam Shabbos 21:12 brought in Maggid Mishneh; Smag; Smak; Rabbeinu Yerucham

[36] The reason: See A in footnotes.

[37] Admur ibid; opinion in 318:25; M”A 320:14; M”B 320:35; Rama 318:16 regarding fat

[38] Sefer Haterumah 235; Ran in name of Sefer Haterumah; Rosh chapter 4 in name of Sefer Hateruma

[39] There it is explained that the flow of fat is similar to the flow of juice from olives on Shabbos which is forbidden. See A in footnotes

[40] Based on 320:16 and Chapter 318 Halacha 27

[41] So is implied from Admur above. However in SSH”K 10:3 he writes in the name of Rav SZ”A that ice is different than fat and one should try to initially be stringent to avoid using the liquid even Bedieved. This however clearly does not seem to be the opinion of Admur, being that he equates the final ruling by melted ice to that of melted fat of which one need only initially be stringent.

[42] Shabbos Kehalacha Vol. 1 p. 212

[43] Although Admur rules that one is to be stringent due to Nolad, nevertheless since the needs of a child are considered a great need, therefore when there is need to do so it is allowed.

[44] Sheivet Halevy 7:40; Az Nidbaru 6:3 and 34; 10:10; Tzitz Eliezer 6:34-30; Divrei Yatziv 159; Shabbos Kehalacha 3 17:3 and 27

The Sheivet Halevy differentiates between placing something by a fire and the like or by room temperature saying that only when doing an actual action of placing it by a fire or room temperature is melting forbidden even in accordance to the stringent opinion. Vetzaruch Iyun why placing it near the sun or fire is any more of an action then removing it from a colder climate [the freezer] to a warmer climate [ones room]. Furthermore, he brings there a proof for this differentiation from the Halacha that one may place fat near an oven which will be turned on by a gentile, thus showing that only when the Jew does an action is it problematic. The proof for this is as follows: According to the Machmirim who even forbid the food Bedieved, it makes no difference whether an action was done or not, as some hold the reason for the prohibition according to the Machmirim is due to Nolad [Rama; M”A and M”B] and Admur holds that it is forbidden even bedieved being it is similar to juice of fruits that flowed on Shabbos. Hence, why are we lenient to permit having a gentile turn on the oven if the result is the same result. From here the above Poskim prove that we must conclude that when no melting action has been done, it is permitted according to all, and hence here too it is permitted. However, Tzaruch Iyun on this as well, being that in that case the Jews action could never make it melt, while here bringing it room temperature is itself enough to make it melt, the same way placing it near a fire is enough to make it melt, and hence perhaps in this case the Sefer Hateruma would hold it is forbidden even Bedieved, even though one did not place it near a flame. A proof for this perhaps can be brought from the fact Admur does not write the reason behind the allowance to have the gentile turn it on is because the Jew did no action and it is not considered Molid according to any opinion, but rather simply because even by Bishul some opinions are lenient. This implies that even though one did not do an action, it is forbidden according to the Machmirim, and it is only due to that a gentile is doing the entire action that we are lenient.

[45] The reason: The Sheivet Halevy differentiates between placing something by a fire and the like or by room temperature saying that only when doing an actual action of placing it by a fire or room temperature is melting forbidden even in accordance to the stringent opinion. Vetzaruch Iyun why placing it near the sun or fire is any more of an action then removing it from a colder climate [the freezer] to a warmer climate [one’s room]. Furthermore, he brings there a proof for this differentiation from the Halacha that one may place fat near an oven which will be turned on by a gentile, thus showing that only when the Jew does an action is it problematic. The proof for this is as follows: According to the Machmirim who even forbid the food Bedieved, it makes no difference whether an action was done or not, as some hold the reason for the prohibition according to the Machmirim is due to Nolad [Rama; M”A and M”B] and Admur holds that it is forbidden even bedieved being it is similar to juice of fruits that flowed on Shabbos. Hence, why are we lenient to permit having a gentile turn on the oven if the result is the same result. From here the above Poskim prove that we must conclude that when no melting action has been done, it is permitted according to all, and hence here too it is permitted. However, Tzaruch Iyun on this as well, being that in that case the Jews action could never make it melt, while here bringing it room temperature is itself enough to make it melt, the same way placing it near a fire is enough to make it melt, and hence perhaps in this case the Sefer Hateruma would hold it is forbidden even Bedieved, even though one did not place it near a flame. A proof for this perhaps can be brought from the fact Admur does not write the reason behind the allowance to have the gentile turn it on is because the Jew did no action and it is not considered Molid according to any opinion, but rather simply because even by Bishul some opinions are lenient. This implies that even though one did not do an action, it is forbidden according to the Machmirim, and it is only due to that a gentile is doing the entire action that we are lenient.

[46] SSH”K 10:3; 1:74, as is the simple Halacha ruled by Admur that one may not cause frozen water to melt. [320:16] Rav SZ”A as brought in Mioreiy Hashabbos.

[47] The reason: As the fact is you brought the ice to a higher temperature, and the Mahchmirim prohibit even Bedieved due to fruits that flowed on Shabbos or due to Nolad of Muktzah. No proof can be brought from the case of having the gentile turn on the oven as there no action was done at all, and perhaps in that case the Sefer Hateruma agrees that bedieved it is permitted.

[48] As according to the opinion which holds that the melting prohibition is due to that it is similar to the flow of juice, based on this there should be no differentiation whether it is defrosted near a flame or on its own. Vetzaruch Iyun, as if so then why did Admur permit placing it near the unlit oven and then having the gentile turn it on. [As asks the P”M 318 A”A 42 and Iglei Tal Dash 36:12]  Perhaps one can answer [according to Admur] that the prohibition of Bedieved only applies when one transgressed the Lechatchila, such as one did an action to cause it to melt, however if one did not transgress the Lechatchila, such as the gentile turned on the flame, then even the Sefer Hateruma agrees it is permitted Bedieved. However according to those that hold of the reason of Nolad-Muktzah, seemingly this would not help. Vetzaruch Iyun. See previous footnotes.

[49] SSH”K 10:3; 1:74, as is the simple Halacha ruled by Admur that one may not cause frozen water to melt. [320:16] Rav SZ”A as brought in Mioreiy Hashabbos.

[50] Sheivet Halevy 7:40; Az Nidbaru 10:10; Tzitz Eliezer 6:34-30;

[51] As according to the opinion which holds that the melting prohibition is due to that it is similar to the flow of juice, based on this there should be no differentiation whether it is defrosted near a flame or on its own.

[52] SSH”K 10:5 in name of Rav SZ”A; Maor Hashabbos 13:44 in name of RSZ”A allows to defrost even juices near the sun

[53] Milk and other foods which are not eaten in their frozen state are not considered Nolad as since they are not eaten in their frozen state they are considered by people as liquids as opposed to solids even when they are frozen, and it is thus not considered a new change. Only water which is not a Chashuv item is not considered a liquid when frozen. [Rav SZ”A ibid footnote 15]

[54] Shabbos Kehalacha 3 17:51; Nishmas Shabbos Sechita 237; Emek Hateshuvah 47

The reason: As the Poskim explicitly rule that wine may not be defrosted. [Elya Raba 318:36; M”B 318:105] Furthermore, the above reason to differentiate only follows those that hold the prohibition is due to Sechitas Peiros while those that hold the prohibition is Nolad Davar Chadash, seemingly it should be forbidden, as it still appears like a new item.

[55] The reason: As it is permitted to place ice in warm water being the melted ice is not recognizable.

[56] SSH”K 10:3; 1:74 as is the simple implication in Shulchan Aruch 320:16

[57] As rules Admur in 320:16 that in times of need one may be lenient to follow the opinion which permits doing so.

[58] See previous Q&A

[59] SSH”K 10:1

[60] Vetzaruch Iyun as there Admur mentions three reasons why it is allowed and perhaps the reason of that it goes to waste it itself not enough. However in the parentheses when explaining why it is not similar to squeezing fruits Admur only mentions the reason that it goes to waste. Vetzaruch Iyun.

[61] As a) It is implied from Admur that there is no difference between placing the ice near the sun or in any area in which it does not melt. B) The reason of going to waste does not suffice according to the opinion of Rashi, as explained above in Halacha 1C and Tehila Ledavid 320:15

[62] Piskeiy Teshuvos 320 footnote 22

[63] If however one does plan to use the melted water then this is dependent on the above mentioned dispute in the previous two questions. In any event even in such a case, according to all one may first place water in the bowl and then place the ice cubes in it.

[64] As a) It is implied from Admur that there is no difference between placing the ice near the sun or in any area in which it does not melt. B) The reason of going to waste does not suffice according to the opinion of Rashi, as explained above in Halacha 1C and Tehila Ledavid 320:15

[65] SSH”K 10:1

[66] As a) It is implied from Admur that there is no difference between placing the ice near the sun or in any area in which it does not melt. B) The reason of going to waste does not suffice according to the opinion of Rashi, as explained above in Halacha 1C and Tehila Ledavid 320:15

[67] Shabbos Kehalacha Vol. 3 17:29 [p. 72]; Meor Hashabbos 13:61

[68] As only a small amount will melt and it will be going to waste and one has no intent to do so. [320:17] Seemingly this is not comparable to urine which comes as a hard stream and hence melts more than a small amount.

[69] Shabbos Kehalacha Vol. 3 17:29 [p. 72]; See Meor Hashabbos 13:61 footnote 162

[70] As a lot more than a small amount will melt due to the stream and it is hence similar to urinating on snow.

[71] SSH”K 10:5 in name of Rav SZ”A

[72] The reason: Meat and bread are not Nolad being that their state has never changed. It however may not be defrosted for use of after Shabbos being that it is forbidden to do any preparations on Shabbos for after Shabbos.]

[73] SSH”K 10:5 in name of Rav SZ”A; Maor Hashabbos 13:44 in name of RSZ”A allows to deforst even juices near the sun

[74] Milk and other foods which are not eaten in their frozen state are not considered Nolad as since they are not eaten in their frozen state they are considered by people as liquids as opposed to solids even when they are frozen, and it is thus not considered a new change. Only water which is not a Chashuv item is not considered a liquid when frozen. [Rav SZ”A ibid footnote 15]

[75] Shabbos Kehalacha 3 17:51; Nishmas Shabbos Sechita 237; Emek Hateshuvah 47

The reason: As the Poskim explicitly rule that wine may not be defrosted. [Elya Raba 318:36; M”B 318:105] Furthermore, the above reason to differentiate only follows those that hold the prohibition is due to Sechitas Peiros while those that hold the prohibition is Nolad Davar Chadash, seemingly it should be forbidden, as it still appears like a new item.

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

[77] See both opinions in Admur 320:16; brought also in 318:25-27 regarding melting fat; See Michaber [lenient] and Rama [stringent] 318:16; 320:9

[78] Admur 318:27; 320:16; Rama 318:16

[79] The following Poskim are lenient:  Sheivet Halevy 7:40; Az Nidbaru 6:3 and 34; 10:10; Tzitz Eliezer 6:34-30; Divrei Yatziv 159; Shabbos Kehalacha 3 17:3 and 27. The following Poskim are stringent: SSH”K 10:3; 1:74, as is the simple Halacha ruled by Admur that one may not cause frozen water to melt. [320:16] Rav SZ”A as brought in Mioreiy Hashabbos.

[80] SSH”K 10:1; Piskeiy Teshuvos 320 footnote 22 [old] 320:13-14 [new]

The reason: As the melting prohibition does not apply in a case that the melted item will be going to waste and one does not have intent to melt it. [See Admur 320:17; Taz 320:7; M”B 320:32; Meor Hashabbos 3:13-98; Shabbos Kehalacha vol. 3 17 footnote 84 and Tosefes Biur p. 157]

[81] As one has no intent to drink the melted water but rather only to use the ice and it is thus similar to throwing ice in ones sink which is allowed due to that the liquid will be going to waste

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

[83] See Admur 320:16; Michaber 320:9; Shabbos 51b; Piskeiy Teshuvos 320 footnote 152

Was this article helpful?

Related Articles

Leave A Comment?

You must be logged in to post a comment.