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8. The law if one transgressed the Chazara conditions:
A. The law if one placed a food on a flame on Shabbos without fulfilling the required conditions:[1]
If one transgressed and returned a pot on Shabbos to an area which (according to all opinions[2]) is forbidden for one to return there[3], whether this was done advertently [with prior knowledge of the transgression] or was done inadvertently [such as he did not have knowledge of the transgression], [nevertheless] the food is forbidden until enough time has passed after Shabbos for one to be able to have gotten this benefit from the food[4].
If the food is fully cooked: However, this only refers to a case that the cooking of the food which was placed on Shabbos caused the food to condense in a way beneficial for the food. However, if it condensed in a way that was damaging to the food then it is permitted to eat even on Shabbos, as he has received no benefit from the transgression.[5]
Other Opinions: [Furthermore] there are opinions which deliberate even when the food that was returned had condensed in a way beneficial for it, if it should be prohibited at all after the fact, if it was done inadvertently, being that the food was already fully cooked [prior to being returned to the fire].
The Final ruling: One may rely on this latter opinion to allow people who the food was not intended to be heated up for, [to eat from it on Shabbos]. However, for [the person himself who returned it to the fire and for] his household members one should not permit [it to be eaten by them], as the food had also been returned to the fire on their behalf.
B. If a gentile placed ones food onto an oven on Shabbos, in a way prohibited for a Jew to do, is the food permitted?[6]
If the food is fully cooked and still warm: The above [prohibition to eat the food when the conditions were not fulfilled] is only referring to when a Jew himself returned the pot [onto the oven]. However if one returned the pot through a gentile[7], then even if this was done advertently [I.e. one knew of the prohibition to ask him to do so], the food is permitted [to be eaten on Shabbos] even if the cooking of the food made it condense in a way beneficial to it, as long as the food was fully cooked, as in such a case one does not benefit so much [from the further cooking] being that it was already fit to be eaten.
If the food has fully cooled down: However, this [allowance to eat the food] only applies if the food was [still] a little hot prior to it being placed on the fire, and thus was fit to be eaten. However if it was completely cold [prior to the gentile placing it on the fire], and was thus not fit to be eaten [in its current state], then even if the gentile heated it up on his own on behalf of the Jew [without being told to do so by the Jew], then if this was heated in a way that is forbidden (according to all opinions) for a Jew to do have done[8], and the Jew which owns the food saw the gentile doing this and kept quiet[9], then since the action of the gentile was of benefit for him, it is forbidden for any person[10] to eat from it even after it has cooled down, until enough time has passed after Shabbos for one to be able to have received this benefit from the food.
If the Jew was unaware of the gentiles actions: However if the Jew which owns the food did not know when the gentile returned the pot that the food was completely cold or [he did] but he did not at all notice the gentile coming to return it [and thus could not have protested against the gentile], then the food is permitted [to be eaten on Shabbos], being that most probably the Jew did not want at all for the gentile to heat up his food after it had become completely cold, and [thus the food remains permitted, as] the gentile does not have the power to prohibit the food of a Jew against his will.
The law if one transgressed and placed food by a fire in a case that there are opinions which permit it to be done: [Furthermore] (even if the Jew commanded the gentile to return it) if he returned it (even the Jew himself[11]) to an area where there are opinions which permit this to be done even initially, such as to place it near an oven[12] that is not swept or covered, or next to a bonfire, food that was completely cooked but has liquid which has completely cooled down, and [by placing it near the fire] it heated up there until it became Yad Soledes, then although [transgressing such a prohibition according to some opinions] makes one liable to bring a Chatas offering (for the Jew) [if the Jew placed the food there], nevertheless, since there are opinions which allow this to be done even initially as is explained in chapter 318, [therefore] one may rely on their words after the fact (to not forbid the food placed on by the gentile, even if the Jew commanded him to do so).
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Summary- The law of the food if one transgressed and placed it on a fire on Shabbos: 1. A Jew placed it there: Summary Version 1: It is prohibited to eat food on Shabbos which transgressed the Chazara restriction if the following two conditions apply: 1. One transgressed a prohibition according to all opinions whether on purpose or by mistake, [such as the food was not completely cooked, or has fully cooled down and was placed on the fire, or the fire was not covered, or one took food that was not on the fire from before Shabbos, such as food that was on the counter or fridge, and placed it on even a covered fire]. In a case that it was completely cooked it is only forbidden if the following second condition applies. 2. Further cooking of the food would cause it to condense in a way beneficial to the owner of the food. If further cooking would be detrimental to the owner, it is permitted according to all [even if done Bimeizid]. [See Q&A regarding if this leniency applies even if the food was cold and became heated.] · If the food was fully cooked and further condensing is beneficial, then although the household of the food owner may not eat the food until after Shabbos, nevertheless one may be lenient to allow others to eat it, if it was done inadvertently. [See Q&A regarding if this leniency applies even if the food was cold and became heated.] If the transgression was done Bimeizid, the food is forbidden for all. · Waiting after Shabbos Kdei Sheyasu to eat the food: Whenever the food is prohibited on Shabbos due to transgressing the Chazara laws [as opposed to the cooking laws] and was fully cooked, it is only permitted after enough time has passed after Shabbos for one to be able to have heated it up and received the benefit which he had transgressed.[13]
Summary Version 2 · If the food is fully cooked and further cooking is detrimental for the owner: It may be eaten by all people on Shabbos [even if done Bimeizid]. [See Q&A regarding if this leniency applies even if the food was cold and became heated.]
· If the food is fully cooked and further cooking is beneficial for the owner:
· If the food was not fully cooked: The food may not be eaten by anyone on Shabbos, and may be eaten by all immediately after Shabbos. If, however, the transgressor did so advertently, the food is forever forbidden for him.
In short: A fully cooked food which was returned in a forbidden way is only forbidden if all the following apply: 1. Further cooking is beneficial. 2. Fire was uncovered, or was covered but food has fully cooled down.
2. A gentile placed it there: · If the Jew commanded him to do so then it is only prohibited if a) the food was not fully cooked, or b) the food was fully cooked but had fully cooled down and was heated in a forbidden way according to all, such as directly over the fire [even if the fire is covered, as opposed to near the fire, in which case some opinions hold even a Jew may heat it] and c) Further cooking of the food is beneficial. If it is fully cooked and warm then it is never forbidden even if further cooking of it benefits the owner, and even if the fire was uncovered. If further cooking is detrimental then permitted in all cases. · If the gentile returned the food there on his own accord for the Jews behalf: Then as long as the Jew did not notice what was done, the food is always permitted [if the food was fully cooked].
List of cases of possible leniency if one transgressed Chazara, which are to be given to a Rav’s deliberation:
Q&A If the food was cold and became heated upon being returned to the fire in a forbidden way is it permitted for others to eat if the food was fully cooked? Above we summarized that so long as the food was fully cooked and was returned inadvertently in a forbidden way then it is permitted for others to eat. Likewise, if the food was fully cooked and further cooking is detrimental to the owner then it is permitted to be eaten even by the owner [even if done advertently]. Many Poskim[16] however forbid the food for all people in a case that the food was cold when returned and then became heated. This applies even if the food was a solid without liquid. If however the food later cooled down some[17] apply the above mentioned leniencies. Vetzaruch Iyun as to the opinion of Admur in all the above.[18]
If one placed hot water in a Chulent pot which did not have its fire covered, what is the law of the Chulent? The cholent is Kosher, as it is defined as Mitztamek Vera Lo.
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[1] Admur 253:24; See Piskeiy Teshuvos 253:10
[2] So rules also Biur Halacha 253 “Veim Hichziru Yisrael” based on M”A 253:14
[3] Meaning that there were conditions which are required by all which were not fulfilled, such as that the food was not fully cooked, or the flame was not covered, or it was a Tanur oven of back then.
[4] Vetzaruch Iyun if this waiting of “Kdei Sheyasu” applies if the food was not fully cooked and one thus transgressed the cooking prohibitions, in which case we rule that it is permitted immediately after Shabbos.
[5] This applies even if one did so Bimeizid. [Kitzur Halachos 253:33] However see Ketzos Hashulchan 124:21 which does not differentiate in this matter.
Does the above law apply even if the food was cold and became heated? Seemingly this applies even if the food was cold and became heated [and does not contain gravy-see 318:9] nevertheless the Sages did not fine one not to benefit from the heat. However many Poskim write that any time the food became hotter due to the transgression one cannot benefit from the food even if it condensed in a way detrimental to the owner. [Peri Megadim 253 M.Z. 10 and A.A. 37; Chazon Ish 37:27; Biur Halacha 253 “Lehacheim; Piskeiy Teshuvos 253:10] So is also implied from Admur 318:25 which mentions that if a gentile returned it and the food was cold and became heated then it is forbidden for all people even after it calls down. Admur here does not differentiate between the household and others or Mitztameik Veyafeh Lo and Mitztameik Vera Lo, as he did in the previous Halacha. [See Tehila Ledavid 253:10] This implies that certainly if a Jew returned cold food in a forbidden way and it became heated due to it then the food is forbidden for all. Vetzaruch Iyun Gadol as neither the Ketzos Hashulchan [124:21] nor Kitzur Dinei Shabbos [253:31-33] mention this in their summary and rather simply write that whenever it was fully cooked it is permitted for others.
[6] Admur 253:25
[7] Meaning one asked a gentile to do so for him.
[8] Such as the gentile placed it on the fire as opposed to near the fire
[9] Meaning he did not protest against the gentile doing so.
[10] See Tehila Ledavid 253:10; It appears from this wording that certainly when a Jew returns a cold food which became heated than the food is forbidden even for others, and hence the entire ruling in 253:24 in which Admur differentiates between whether it was Mitztamek Vera Lo and Mitztamek VIyafeh Lo is only regarding if the food was still hot. Vetzrauch Iyun Gadol as neither the Ketzos Hashulchan [124:21] nor Kitzur Dinei Shabbos [253:31-33] mention this in their summary and rather simply write that whenever it was fully cooked it is permitted for others.
[11] Meaning the above allowance applies even if the Jew himself placed it there, and certainly if a gentile placed it there based on his command. However, Tzaruch Iyun from Chapter 318:9 that the Alter Rebbe rules that the custom is that if a Jew himself heats up near liquid food which has fully cooled down, that it is prohibited even after the fact. Perhaps however here the Alter Rebbe is mentioning the letter of the law that it is permitted, while there he is mentioning the custom, which is to be stringent.
[12] However, to place such food on an oven is forbidden according to all being that the food in this case has completely cooled down, and thus would be prohibited after the fact.
[13] Vetzaruch Iyun if this waiting of “Kdei Sheyasu” applies if the food was not fully cooked and one thus transgressed the cooking prohibitions, in which case we rule that it is permitted immediately after Shabbos.
[14] Pashut; Piskeiy Teshuvos 253 foootnote 95
[15] Vetzaruch Iyun regarding guests.
[16] Peri Megadim 253 M.Z. 10 and A.A. 37; Chazon Ish 37:27; Biur Halacha 253 “Lehacheim; Piskeiy Teshuvos 253:10
[17] P”M 253 M”Z 10; A”A 37; Biur Halacha “Lehachem”; M”B 253:95; See Chazon Ish 37:27 that is stringent
[18] It is implied from Admur 318:25 that if the food was cold it is forbidden for all people even after it cooled down from its heat received due to the prohibition. This is implied from Admur there which mentions that if a gentile returned it and the food was cold and became heated then it is forbidden for all people even after it calls down. Admur here does not differentiate between the household and others or Mitztameik Veyafeh Lo and Mitztameik Vera Lo, as he did in the previous Halacha. [See Tehila Ledavid 253:10] This implies that certainly if a Jew returned cold food in a forbidden way and it became heated due to it then the food is forbidden for all. Vetzaruch Iyun Gadol as neither the Ketzos Hashulchan [124:21] nor Kitzur Dinei Shabbos [253:31-33] mention this in their summary and rather simply write that whenever it was fully cooked it is permitted for others.
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