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9. Heating precooked/baked foods on Shabbos which dissolve/melt in heat [such as congealed fat and oil]:[1]
Important Note: The following law contains a complex number of opinions both within the Shulchan Aruch itself and between the ruling in the Shulchan Aruch and the Siddur. It is thereby imperative to read the summary brought below, which summarizes the law in accordance to the rulings of the Siddur, which is the Mahadurah Basra in these regards.
A. The Ruling of Admur in the Shulchan Aruch regarding the cooking prohibition:[2]
Dissolving a precooked food near a fire:[3] Although congealed fat [which was previously cooked] does not contain a cooking prohibition [in melting it], nevertheless it is questionable [whether it is allowed] due to a different [prohibition] as will be explained below.
Dissolving a precooked food in a Keli Rishon:[4] Dry food which contains no liquid at all is [permitted to be] cooked after having been previously cooked as long as it was originally fully cooked. This applies even if it completely cooled down. It is even allowed to soak it in a hot Keli Rishon [i.e. any pot that was previously on a fire] in order so it dissolve there and become a liquid substance.
B. The First Opinion[5] in the Shulchan Aruch regarding the Nolad prohibition:
The above allowance [in Halacha 7] to heat up pre-cooked foods only apply when [the food] does not contain fat, however foods which are filled with pieces of congealed fat [whether of meat or fish[6]] are forbidden to be heated. [This applies] even [if they are heated] at a distance from the fire in an area where [the food will] not [be able to get heated top the point of] Yad Soledes.[7]
The reason for the above restriction is:[8] 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:[9] 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:[10] 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 ones 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:[11] [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:[12] 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:[13] 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:[14] 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 gravy 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:[15] 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:[16] 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.[17]]
The reason for this is:[18] 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].
C. The Second Opinion in the Shulchan Aruch:[19]
However, there are opinions[20] 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 ones hands, however to let it dissolve on its own there is no decree [against doing so].[21] Therefore [according to their opinion] it is allowed to heat up this pastry which is filled with fat even in an area which [the pastry will become] Yad Soledes being that there is no cooking [prohibition involved here]. [There is] no [prohibition involved in heating] the bread because there is no [prohibition to] bake a pre-baked [food] and not in the fat which is congealed and dissolves because there is no [prohibition to] cook a pre-cooked [food] that is dry, even though it will melt through this second cooking as was explained above. However, a pot [of soup or stew] which its fat has congealed may only be heated in an area that the food will not be able to reach Yad Soledes being that by liquid that has become cold there is a cooking [prohibition involved in reheating it to Yad Soledes, as explained above [in Halacha 7].
D. The Final Ruling in Shulchan Aruch:[22]
Concerning the final ruling the custom is to initially be stringent like the first opinion[23] although once the fat has already melted one may be lenient like the second opinion.[24] [Furthermore] even initially[25] one may rely on the second opinion in a time of need, being that this is the main Halachic opinion.[26]
Placing the fat on top of a heater that is not yet lit:[27] As well one may be lenient to place pastries filled with fat onto a heater before it is lit, and have it consequently melted when the gentile lights the heater.
The reason for this is:[28] 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.
Melting congealed fat on top of legumes:[29] 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 ones 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.
Melting congealed fat on top of a hot roast:[30] It is questionable whether one may place congealed fat on top of 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.
E. The ruling of the Siddur regarding the cooking prohibition, which is the Final Ruling of Today:[31]
Precooked foods which dissolve upon re-cooking contain the cooking prohibition: Although there is no prohibition to cook a precooked food that is dry, nevertheless if some of it dissolves through the cooking then it contains a cooking prohibition if the dissolved moisture reaches the heat of Yad Soledes.
Heating chicken and meat that has gravy: Therefore, one must be very careful not to heat up roasted or cooked meat or chicken if their gravy which melts from within in them will reach the heat of Yad Soledes due to a Sekilah and Kares prohibition, Heaven Forbid.
Sugar: As well one may not pour from a Keli Rishon that is Yad Soledes onto sugar, as being that the sugar dissolves it contains a cooking prohibition.[32] [Regarding placing in a Keli Sheiyni-see Q&A!]
Salt: Therefore, one may not be lenient regarding our salt that although it is previously cooked, nevertheless since it dissolves upon re-cooking one may not be lenient with it any more than the salt of the old days [which was not previously cooked] based on the difference of opinions mentioned in Shulchan Aruch of which there are opinions which hold that it is forbidden to even place it in a Keli Sheiyni that is Yad Soledes, and one who is stringent is to be blessed.
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Summary: Re-heating a previously cooked dry dissolvable solids: If it contains congealed fat/oil or substance that will dissolve into liquid then the following are its laws: In an area where the melted food can become Yad Soledes:[33] A congealed solid which will melt with heat is forbidden to be heated it in any form[34] to the point that it will reach Yad Soledes, even if the food was previously cooked or roasted.[35] It is thus forbidden to place it in any area where it could reach Yad Soledes even if one plans to remove it prior to it reaching that point, as explained in Halacha 4. In an area where the melted food cannot become Yad Soledes:[36] Then 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, then 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 to even below Yad Soledes, even in direct sun light. However, in times of need it may be heated to below Yad Soledes in an area where it cannot reach Yad Soledes even if it were to remain there throughout Shabbos. Likewise, even 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. This allowance applies even if the scenario does not involve great need. 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:[37]
Q&A May one melt gravy of congealed chicken, meat or fish near a flame or in the sun? It may never be melted in an area near the fire which will reach Yad Soledes. If it will not be able to reach Yad Soledes then if there will be a nice amount of melted liquid which is apparent, then it is forbidden. If, however, it will become absorbed into the food and thus not be very evident, it is permitted.[38] However, there are Poskim[39] which permit melting gravy of meat, chicken, and fish due to that today people are accustomed to eat them even when congealed, and it thus no longer contains a Nolad prohibition.
List of items which dissolve and thus have a cooking prohibition even if they were previously cooked:[40] · Sugar · Salt · soup mix · baby foods which dissolve · butter · instant coffee
May one place substances which dissolve and become liquid into a Keli Sheiyni?[41] · If the substance is not considered a spice: No, even if the substance has already been previously cooked, as only by a substance which is originally liquid do, we say that it does not re-cook in a Keli Sheiyni.[42] · If the substance is considered a spice: Then it may be inserted even if it was not previously cooked. See above.
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[1] Admur 318:25-28; Michaber 318:16
[2] Admur 318:11; 318:25; 318:31; Michaber 318:16; M”A 318:40
Other opinions: Some Poskim rule there is Bishul after Bishul by a food that melts. [Levush 318:15; Taz 318:20; Admur in Siddur; See Shabbos Kehalacha p. 148-151]
[3] Admur 318:31
[4] Admur 318:11
[5] 1st opinion in Admur 318:25; 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
[6] Machatzis Hashekel 318:42
[7] Admur 318:25
[8] 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 Mukztah or Molid.
[9] Admur 318:26; M”A 318:40; Sefer Haterumah ibid; M”B 318:105
[10] Admur 318:28; Derisha 318:6; Elya Zuta 318:17; M”B 318:118
[11] Admur 318:26; Taz 318:21; Beis Yosef according to Sefer Haterumos; M”B 318:105
[12] Admur 318:26; Taz 318:21; Bies Yosef according to Sefer Haterumos; M”B 318:105
[13] 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]
[14] Admur 318:26; Rama 318:16; M”B 318:105
[15] Admur 318:25 and Admur 320:16; Taz 318:21; Beis Yosef; M”B 318:105
[16] Admur 318:25; M”A 318:42; 320:14
[17] 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. Veztaruch Iyun. See Shabbos Kehalacha 3 17:3 and 29
[18] 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 Mukztah 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.
[19] Admur 318:27
[20] 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
[21] 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? Vetzrauch Iyun]
[22] Admur 318:27; 320:16; Rama 318:16
[23] Admur ibid; Rama ibid
[24] Admur ibid; M”A 318:42; M”B 318:106
[25] Admur ibid; M”B ibid
[26] Admur ibid; Rama ibid
[27] Admur ibid; M”A 318:42; M”B 318:106
[28] 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 itme 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.
[29] Admur 318:28
[30] Admur 318:28
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]
[31] Admur in Siddur; Levush 318:16; Taz 318:20; See Shabbos Kehalacha p. 148-151
Other opinions: Some Poskim rule there is no Bishul after Bishul by a precooked dissolvable item. [Admur 318:11; 318:25; 318:31; Michaber 318:16; M”A 318:40]
Background:
This opinion of Admur in the Siddur is based on the opinion of the Levush ibid, of which likewise rules the Taz, as opposed to the opinion of the Magen Avraham, as was ruled above in Shulchan Aruch. They argue on the Levush and holds that a solid which dissolves is viewed as a solid and not as a liquid.
The Mishneh Berurah [318:71] rules like the Magen Avraham although concludes that it is proper to avoid placing sugar in a Keli Rishon or pouring onto it from a Keli Rishon. So rules SS”K and Kitzur SHU”A. However regarding a Keli Sheiyni they are lenient if the food has been previously cooked. See Q&A by Keli Sheiyni for the ruling according to Admur.
Regarding butter: According to all opinions it has a cooking prohibition even if previously cooked. [So rules Rav SZ”A in SSH”K 1 footnote 173; Shabbos Kehalacha p. 143]
[32] However the M”B 71 rules that it is permitted to place sugar into a Keli Rishon although it is proper to Lechatchilah beware from placing [or pouring on it] from a Keli Rishon.
[33] Following the ruling of the Siddur as opposed to that of the Shulchan Aruch Halacha 11 which holds that the dissolving of a pre-cooked solid to Yad Soledes has the same laws as it does when heating to below Yad Soledes, [albeit taking into account the conditions explained above in how one may re-cook it.]
[34] Other than through direct sun heat or to heat it with pouring from a Keli Sheiyni and placing into a Keli Shelishi in which case it has the same laws as a melted food heated to less than Yad Soledes. Regarding placing it into a Keli Sheiyni-See Q&A!
[35] I.e. with or without liquid
[36] Halacha 25-27
[37] Halacha 28
[38] Based on a 318:25-27. So rules Rav Farkash in Shabbos Kehalacha 4:14 without bringing any lenient opinion.
[39] Bris Olam 71; SSH”K 1:38 in name of Rav SZ”A; Az Nidbaru 3:8
[40] Shabbos Kehalacha Vol. 1 p. 151
[41] Shabbos Kehalacha Vol. 1 p. 56 and 152-153
[42] However, there are opinions which learn that this is allowed even according to Admur. [Meor Hashabbos] This dispute is dependent on how one learns the ruling of Admur in the Siddur regarding dissolvable foods. Admur rules that sugar is only forbidden to pour from a Keli Rishon, hence implying that it is permitted to be placed into a Keli Sheiyni. On the other hand, he rules that salt may not even be placed into a Keli Sheiyni. Some want to learn that the salt case is an exception and really all dissolvable items may be placed in a Keli Sheiyni, being that all liquids are permitted in a Keli Sheiyni. Rav Farkash however learns that the sugar case is the exception as sugar is defined as a spice, hence whether one views it in its solid state or liquid state it may entered into a Keli Sheiyni even if not previously cooked. However, salt and all other dissolvable products which are not defined as a spice would be forbidden to place into a Keli Sheiyni, for the reason that we don’t view them as a true liquid. [ibid]
According to the Mishneh Berurah it is completely allowed in a Keli Sheiyni.
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