6. Juice which flowed on its own from fruits on Shabbos

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6. Juice which flowed on its own from fruits on Shabbos:

A. From grapes and olives:

Forbidden to be drunk on Shabbos:[1] Liquids which flowed out on Shabbos on their own from olives and grapes are forbidden[2] [to be eaten] until evening[3] [i.e. after Shabbos] due to a decree that one may come to squeeze them with his hands in order to drink them today [on Shabbos] if [these liquids] were to be permitted.[4] [Furthermore] even if the olives and grapes [from which the juice flowed from] are designated to be eaten [and not squeezed] [nevertheless it is forbidden to drink the juice that flowed on its own as] we suspect that one may change his mind to squeeze it for its juices just like is common for majority of olives and grapes.[5]

If the grapes and olives were crushed from before Shabbos:[6] Olives and grapes which were crushed from before Shabbos, the juice which comes out from them on Shabbos is allowed [to be drunk] for the reasons explained in chapter 252 [Halacha 14]. [However, this only applies if one began crushing the grapes and olives a while before the commencing of Shabbos, to the point that by the time Shabbos began the grapes and olives were already crushed[7]. If, however, one began crushing the grapes and olives right before Shabbos began, such as he placed a heavy board on top of them right before Shabbos, then their liquids remain forbidden to be eaten on Shabbos.[8]]

If the grapes were in a vat of wine:[9] [Furthermore,] even if they had not been crushed from before Shabbos, if there is wine in the vats that the grapes are inside of, then even though the grapes break open on Shabbos inside the vat and more wine comes out [from them into the vat], [nevertheless] one is allowed to drink from this vat on Shabbos, because every little bit[10] of wine which comes out of the grapes on Shabbos becomes nullified against 60[11] times the wine that was already in the vat [from before Shabbos]. [If, however, the grapes were outside of the vat and its juice flowed into the wine that is in the vat, then the entire barrel of wine is forbidden until after Shabbos.[12] If, however, the wine flowed into water, or another liquid then it is nullified in majority. Furthermore, even if there is majority of wine in the end it is not considered Muktzah [although seemingly is forbidden to be drunk].[13] Vetzaruch Iyun if this applies even if the grapes are in the water and seeping wine into it.[14]]

The reason that the wine is not considered a Davar Sheyeish Lo Matirin:[15] Now, although this wine [which flowed on Shabbos] is considered an item which will eventually become permitted [in which case it should never be nullified until then] being that after Shabbos it will be permitted without any nullification [needed], nevertheless since this wine that came out on Shabbos was never recognizable prior to it being mixed [into the vat] and it [thus] never had the status of wine on it (look in Yorah Deah chapter 123 regarding when juice from a grape receives a status of wine) [therefore] it does not receive the status of an item which will eventually become permitted [without needing nullification] until after it already became nullified [within the wine that it seeped into], and [the Sages] only said that something which will eventually become permitted is not nullified in a case that the prohibition was initially visible and it already then received a status of something which will eventually become permitted and then afterwards got mixed [into another food].

If one placed the grapes into the vat on Shabbos:[16] [Furthermore] even if one placed whole grapes into the vat on Shabbos and they then broke open [and seeped wine] on that day into the wine [that was already in the vat], it is permitted to drink wine from the vat for the above mentioned reason.[17] However it is initially forbidden to place whole grapes into wine on Shabbos in order so they split open and ooze their wine [into the vat] due to the prohibition of squeezing, as although he is not squeezing it actually with his hands nevertheless it is Rabbinically prohibited [to cause it to be squeezed].[18]

Grape seeds and skins:[19] Grape seeds and skin which had water placed on them in order to make grape-juice, is permitted to have [wine] drawn[20] out from these [seeds and skins, into the water] and then drink it. Furthermore, even if one had not placed water [onto them] and the wine squeezes and flows out on its own, it is permitted to drink it being that it already was broken up before Shabbos.    

B. From other fruits:[21]

Juice which has flowed from strawberries and pomegranates and the like then if they are designated to be eaten then the liquid is permitted, as we do not suspect that one may change his mind to [use them] for juice. However, if they are designated for their juice then the juice is forbidden.

 

Summary-Juice which flowed on their own from fruits on Shabbos[22]

· From grapes and olives:

Are forbidden [to be eaten] until after Shabbos, unless:

1) The grapes/olives were crushed from before Shabbos

Or

2) They are in a vat of wine or oil

The juices of grape seeds and skins that have flowed on their own are allowed.

· From other fruits:

If the fruits are designated to be eaten, then the liquid is permitted. If they are designated for their juice, then it has the same law as grapes and olives.

Question: [Thursday, 7th Tamuz 5781]

During the week, I am accustomed to use a breast milk collector cup in order to both save as much milk as possible, as well as prevent my clothing from getting wet. Is it permitted for me to use this on Shabbos?

 

Answer:

There is nothing intrinsically wrong with wearing it on Shabbos so long as one does not actively squeeze out any milk into it, and it is no different than wearing a nursing pad. However, the milk that is collected is considered Muktzah according to many authorities, and so rules the Alter Rebbe, and therefore may only be moved with an irregularity. Accordingly, it may not be dealt with, poured into a bottle, and fed to a child on Shabbos. However, seemingly, to remove it from the body and spill it into the sink is permitted to be done. Likewise, if one places some water into the cup and has the milk drip into the water, then the milk does not become Muktzah at all, and it is permitted to move the nursing cup to spill out the milk for any purpose on Shabbos, even to save it and place it in the fridge [however, Tzaruch Iyun if it may be fed to the baby on Shabbos].

Explanation: Although it is a Biblical prohibition of Dash/Mifareik to squeeze milk on Shabbos, whether from a milking cow or a nursing mother, nonetheless, this prohibition only applies against actively squeezing the milk, however, to have the milk simply drip out on its own is not under any prohibition, and is not something that one can control. Nonetheless, according to many Poskim, the milk itself is considered Muktzah due to being a complete Nolad and perhaps also due to the decree of Mashkin Shezavu, and so rules the Alter Rebbe in his Shulchan Aruch. [Other Poskim differentiate between milk of a mother and cows milk and argue that perhaps mothers milk is not Muktzah as they disregard the reason of Nolad altogether, and claim that since it is meant for breastfeeding, there is no decree of Mashkin Shezavu. However, according to Admur who invalidates cows milk due to Nolad, the same would apply to women’s milk.] Theoretically then, it would seem that it would not be permitted to use a milk collector cup on Shabbos being that the milk is forbidden to be handled due to Muktzah. However, in truth we can permit moving the nursing cup that holds the milk in order to then spill it out into the sink under the basis of Tiltul Min Hatzad, which permits moving a non-Muktzah object that contains a Muktzah object in it for the sake of the non-Muktzah object, and so too here one desires to get rid of the milk from the cup for the sake of emptying it. Likewise, perhaps it can be permitted under the status of Geraf Shel Reiy, being no different than throwing out a soiled nursing or sanitary pad. However, if one desires to keep the milk for feeding after Shabbos, then it is a problem due to Muktzah to move the breast cup for the sake of spilling and saving the milk, as Tiltul Min Hatzad is prohibited when done for the sake of the Muktzah item. Nonetheless, as by all Muktzah, it would be permitted to do all this using an irregularity, such as the back of one’s hands, if one can manage to do so. Now, regarding circumventing the Muktzah prohibition by placing water in the cup, so is explicitly ruled in the Poskim regarding Muktzah wine that flowed on Shabbos, and works under the basis of Kama Kama Batul. However, if in the end there will be more milk than water in the mixture then although it is still not Muktzah, it is questionable whether a child may drink as perhaps the milk is forbidden to be consumed due to the decree of Mashkin Shezavu. Vetzaruch Iyun!

 

Sources: See regarding the squeezing of milk prohibition: Admur 328:41; 305:28-33 regarding cow; See regarding that milk that flowed on Shabbos is Muktzah: Admur 305:31; 308:9; Kuntrus Achron 305:2; Michaber 305:20; M”A 305:12; Shut Rav Akiva Eiger 5; Tehila Ledavid 328:56; Chazon Ish 44:4-5; M”B 328:58 regarding moving Muktzah milk for baby with Shinuiy; Tzitz Eliezer 8:15-12; Peir Hador 3:182; Megilas Sefer 66; Maor Hashabbos Shevet Halevi 8:80; Shabbos Kehalacha 19:15; Piskeiy Teshuvos 330:11 and 12 footnote 88; See regarding status of Muktzah of complete Nolad: Admur 310:19; 507:3; M”A 310; M”B 310:32; See regarding the decree of Mashkin Shezavu: Regarding fruits: Admur 320:3; Michaber 320:1; Shabbos 143b; Regarding milk: Admur 305:33; Kuntrus Achron 301:2; See regarding Tiltul Min Hatzad: Admur 308:61-62; 309:4-6; 310:17; 311:14; Michaber 308:27; 309:3-4; 310:8; 311:8; See regarding Geraf Shel Reiy: Admur 308:72-76; 335:4; Michaber 308:34-37; Gemara Beitza 36b; Shabbos 121b; See regarding Kama Kama Batul: Admur 335:4; M”A 335:4; Darkei Moshe 335:1; M”B 335:15; Yoreh Deah 134:1 and 3; Shach Y.D. 134:4; Avnei Nezer Y.D. 225; Shabbos Kehalacha 19:15 and 16 Biurim 8 p. 20

___________________________________________________________________

[1] Admur 320:3; Michaber 320:1; Shabbos 143b

[2] Admur ibid; Michaber ibid; Mishneh ibid

[3] Admur ibid; Rashi Beitza 3a

[4] Admur ibid; Rashi on Mishneh ibid; M”B 320:3

[5] Admur ibid; Michaber ibid; Gemara ibid

[6] Admur 320:4; Michaber 320:2; See Biur Halacha 320:2 “Shenisrasku”

[7] The reason: The reason for the allowance in such a case is because even if one were to come to squeeze these olives and grapes on Shabbos, which is the suspicion behind the prohibition, he would not transgress a Biblical decree being that the fruits are already crushed and their liquids would flow regardless. Thus, by squeezing them one is merely hastening the process, of which doing so is only a Rabbinical prohibition. [252:14; M”B 320:13]

[8] The reason: As we suspect one may come to squeeze them on Shabbos, in which case doing so involves a Biblical prohibition being that they had not at all been crushed from before Shabbos. [Admur ibid]

[9] Admur 320:4; Michaber 320:2; Sefer Hateruma 223; Smag 65; Semak 281

[10] This teaches us that every drop of wine is nullified in 60x and one does not need to have a total of 60x in the wine before Shabbos versus all the wine that will flow, as by each drop we apply Kama Kama Batul. [Avnei Nezer Y.D. 225; Shabbos Kehalacha 16 Biurim 8 p. 20] To note however that in 335:4 Admur implies that in order to drink the wine we require a total of [60x-see Shach Y.D. 134:4] of wine from Erev Shabbos [and only regarding Muktzah do we say Kama Kama Batul]. This contradicts the ruling here. However perhaps however one can say there is a difference between if the wine drips into the water [in which we do not apply Kama Kama Batul] or is inside the vat and dripping straight into the wine, in which case we do apply Kama Kama Batul, Vetzaruch Iyun. [See Shabbos Kehalacha ibid]

Other opinions: Some Poskim rule we do not apply the rule of Kama Kama Batul and one thus requires 60x in total. [P”M 320 M”Z 3]

[11] Admur ibid; P”M 320 M”Z 3; M”B 320:14

The reason: As this is considered a mixture of Lech Belach of Min Bemino of which we rule that one requires 60x Rabbinically. [P”M ibid; See Admur 447:61]

Do we say Kama Kama Batil: In Yoreh Deah 134:1 there is a concept that although Yayin Nesech is never nullified in other wine, nevertheless if it fell into the Kosher wine [as opposed to the Kosher wine falling into it] every drop of the Yayin Nesech is nullified. Vetzaruch Iyun why we don’t apply this rule here as well, and why we require 60x. See Admur 335:4 that if the wine drips into water it is nullified because there is no DSL”M by Eino Mino and we apply the rule of Kama Kama Batul, thus why don’t we apply the same rule here as this wine is not a DSL”M and hence why don’t we say Kama Kama Batul, and not require Bittul?!!!. The answer is that a) here too we apply Kama Kama Batul and thus only initially does each individual drop of the wine in the vat to have 60x against it, however one does not require 60x versus the total wine that came out on Shabbos, as explained above. However, in 335:4 Admur implies that we do require majority/60x of wine from Erev Shabbos even when we say Kama Kama Batul and only regarding Muktzah are we lenient to not require even majority. See previous footnote.

[12] M”B 320:14; Sefer Hateruma 223 as is understood from reason of Admur brought next

Why we don’t say Kama Kama Batil: In Yoreh Deah 134:1 there is a concept that although Yayin Nesech is never nullified in Kosher wine, nevertheless if it fell into the Kosher wine [as opposed to the Kosher wine falling into it] every drop of the Yayin Nesech is nullified. However, by a DSL”M we do not apply the rule of Kama Kama Batul. [See Admur 334:4 that if the wine drips into water it is nullified because there is no DSL”M by Eino Mino and we apply the rule of Kama Kama Batul, if however, it fell into Mino then it is not nullified. Hence we see we do not apply the concept of Kama Kama Batul in a case of DSL”M.]

[13] Admur 334:4; M”A 334:4

[14] As here Admur rules one requires 60x even by Min Bemino and hence certainly one should require 60x by Min Beino Mino. However, in 334:4 Admur explicitly rules that majority suffices and even minority suffices regarding Muktzah

[15] Admur 320:4; M”A 320:5; M”B 320:14; See also Rama Yoreh Deah 102:4; Shach 102:12; Taz 102:11; 507:2; M”A 507:3; Admur 507:3; 445:8

[16] Admur 320:4; Taz 320:3

Other opinions: Some Poskim rule it is even initially permitted to place the grapes into the wine barrel in order so they seep wine into the vat. [M”A 320:5 in name of Bach; Elya Raba; Chayeh Adam; M”B 320:14]

[17] Admur ibid; Taz ibid and all Poskim in next footnote

[18] So rules the Taz. However the Magen Avraham and Chayeh Adam and Mishneh Berurah [14] rule that it is allowed to be done even initially.

[19] Admur 320:5; Michaber 320:5; Sefer Hateruma 223

[20] What does this mean? May one squeeze them? In next Halacha it is explained that it is forbidden to squeeze absorbed liquids.

[21] Admur 320:3; Michaber 320:1; Gemara ibid

[22] Admur 320:3-5

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