Chapter 253

The laws of Shehiyah [leaving a food on the fire on Erev Shabbos for the Shabbos meals]

Halachas 1-13

The different types of ovens and their relative laws:

The laws of the Kirah oven:

Halacha 1:

What is the Kirah oven? A Kirah oven is made like a large pot in which a fire is lit inside it, on its bottom. On its opening surface one places the pot on top of it. It is long and short[1]. On its top there is room to place two pots [as its top contains two holes, with which one places one pot over each hole].

What is its status regarding leaving food on it over Shabbos? If the fire [in the Kirah] was fueled with olive waste or with wood, it is forbidden to put a [raw] dish on it before Shabbos in order to have it stay on the fire [and cook so it be ready] for [the] Friday night or Shabbos day [meal]. [This however only applies] if by the time the night [of Shabbos] begins the dish is still not cooked to the [same] point as the food [cooked by] Ben Drusaiy[2]. (Ben Drusaiy was the name of a robber who would eat his food even though it was not yet fully cooked.)

The reason for the prohibition is: [because if one were allowed to place raw food on the fire] maybe one will [forget and come to] stir the coals and turn them over with a Machteh[3] on Shabbos, in order to finish the cooking.

Ways to avoid the prohibition: Removed or covered the fire: If the oven is Gerufa, which means that  it was swept of all the coals in it, or if it is Ketumah, which means that the coals have been covered with ash in order to diminish the ovens heat, [then it is permitted to leave even raw food on the oven before Shabbos, even though it will not be 1/3 cooked before Shabbos].

It is not necessary to cover the coals until there is no recognizable fire in them at all; rather it suffices to cover it in any manner [even if the fire will still remain].

[Once the coals have been covered then] even if the coals afterwards lit up [again] on their own, it is valid.

The reason for why the above removes the prohibition is because since one revealed ones intention from before Shabbos that he is no longer interested in the coals, we are no longer worried that perhaps he will stir the coals on Shabbos.

Coals which have dimmed: Coals which are dimmed are considered covered [and thus if all ones coals have dimmed there is no need to do anything to them and one may leave raw food on them from before Shabbos]. 

Halacha 2

Fueled with twigs or straw: If it was fueled with straw or twigs it is permitted to leave [raw] food on it [from before Shabbos, even though it will not even be half cooked by the time Shabbos begins, and] even if the Kirah has not been swept [of its coals] or [had its coals] covered.

The reason for this is: because the coals of the straw and twigs have no [real] tangibility left to them at all, and thus we are not worried that one will come to stir the coals.

Halacha 3:

Placing the food near the oven: Even if one fueled the oven with olive waste or wood, one is allowed before Shabbos to place a pot [of food] near [the flame] on the outside [of the oven[4]], for the need of [the] Friday night [meal], or until the [meal of the] next day, even if by Friday night the food will still not been cooked to the point of “Ben Drusaiy“.

The reason for this is because: We do not suspect that one will stir the coals that are in the oven in order to speed up the cooking of the pot [of food] that is outside of it, as this stirring [of the coals] will not be of much help [to quicken the cooking].

Does the above apply if two Kirahs are adjacent to each other and one is Gerufah or Ketuma and one is not?

Two ovens which are adjacent to each other and [have] an earthen clay wall separating them, [then if] one of the [ovens has had its coals] swept or covered and the other [oven] has not [had its coals] swept or covered, one is allowed to leave [a pot] on the oven which is swept or covered even though heat gets added to it from the [oven that is not] swept or covered. [This is allowed] because it is like one is placing [the pot] near the outside of the non-swept covered oven, [which is allowed as explained above.]. 

The Laws of the Tanur oven

Halacha 4

What is the Tanur oven? A Tanur is made similar to a large pot, wide at the bottom and narrow at the top, and due to this its heat is a lot more insulated inside it than in a Kirah oven.

What is its status regarding leaving food on it over Shabbos? It is forbidden to even place [a pot] next to [the oven] if [the area which the pot is placed] is Yad Soledes[5] there. [This applies] even if [the coals in the oven] were swept or covered, and even if one used straw or twigs to fuel [the fire]. Certainly there is no need to mention that [it is forbidden to] place [a pot] on top or inside [this oven].

The reason for the above stringency is: since the heat [in this type of oven] is very hot, one will not remove his mind [from its flame, even if he covers it or removes most of it]. Thus we suspect he may stir the small fire [which remained after the removal of most of the coals] even if this fuel is straw or twigs and has been covered by ash.

Halacha 5

[The reason for] why we [suspect for the above, and thus] forbid [to leave the food, even] if one removed the coals of the Tanur is because: The sweeping [of the coals] only sweeps [away] the majority of the fire and its main strong point [and thus there is some fire which still remains], as it is impossible to sweep [out] the entire fire to the point that there isn’t even one spark left. [Thus since some fire inevitably remains in the oven, and] the heat [of this oven] is very hot, we suspect that perhaps he will stir those few sparks that remained in the oven, in order to flame up the fire [and thus speedy the cooking of his dish].[6]

The laws in a case that the oven is no longer Yad Soledes: If the oven has cooled off to the point that it is no longer Yad Soledes, it is permitted to leave [a pot of food] inside the oven. Certainly it is permitted to leave [a pot of food] on top of the oven or next to its outside, if it isn’t Yad Soledes in the place one [desires to] leave it.

[Furtehrmore, if it isn’t Yad Soledes then] even on Shabbos itself it is allowed to place [a pot of food near the outside of the oven[7]]. (However to place [the pot] actually inside the Tanur or inside the Kirah is forbidden on Shabbos, even if the food is fully cooked, [and] even if the oven [had its coals] swept or covered, [and] even if it is not Yad Soledes [inside the oven], as will be explained later on [in Halacha 21].)

The Laws of the Kupach oven

Halacha 6

What is the Kupach oven? A Kupach is made similar to a Kirah with exception to that on its top there is only space for one pot and due to this its heat is greater than that of the Kirah but is less than the heat of a Tanur.

What is its status regarding leaving food on it over Shabbos? If the Kupach was fueled with straw or twigs, it has the same law as that of a Kirah which was fueled with straw or twigs [of which the law is that one may leave food on it before Shabbos even if the fire was not covered or removed]. [However] if it was fueled with olive waste or wood then it has the same law as a Tanur for all matters.

The status of the ovens in the Alter Rebbes times

Halacha 7

The Status: Our ovens which open from the side, [since] their heat isn’t as strong as the Tanur of back in the day, and [it is also] not as hot as a Kupach, therefore it has the same law as does a Kirah with regards to all matters.

The reason for why our ovens are not as hot as even a Kupach is: because [today’s ovens] are wider [on their top, and thus allow] placing more than one pot [to cook on them. Due to this the heat of the oven is given more room to dissipate and is not as hot].

Cases in which the prohibition does not apply, even by a problematic oven

The food is completely raw before Shabbos begins:

Halacha 8

Food is completely raw before Shabbos begins: All the above cases of ovens  of which it is prohibited to leave food on from before Shabbos, only applies if [the food] already started cooking before Shabbos but has still not been cooked to the point of the food of Ben Drusaiy [½ cooked]. However if the food is completely raw [before Shabbos begins], it is allowed to even put it [in a pot[8] and then put it] in a Tanur oven. [This applies even] if it is fueled with olive waste or wood, and [even if] it’s [coals are not] covered or swept, as [by raw food] we do not suspect that one will come to stir the coals on Shabbos.

The reason for why we do not suspect that one will come to stir the coals by raw foods, while by foods which have begun to cook we do suspect is: because since the food is now raw, he removes his mind from it until morning [Shabbos day]. As by [Friday] night, the food will in any case not be ready even if he stokes the coals. As well [there is no reason to suspect that he will stoke the coals so the food be ready for the Shabbos day meal, as] since the food is on the fire from the night time until the next day, it is able to be cooked [by Shabbos day] even without stoking it at all.

When before Shabbos may the raw food be placed on the fire? [Despite the above allowance to place raw foods on the fire before Shabbos,] nevertheless [one may not place it on the fire much time before Shabbos, but rather] it must be placed there very close to dark [sunset-the beginning of Shabbos].

The reason for this is: because if one places it there while it is still day [a while before sunset] then it has already cooked a little prior to the entrance of Shabbos, and one will thus have to remove it [from the oven] before dark [i.e. Shabbos begins], unless it is already cooked to the point of the food of Ben Drusaiy [½ cooked] before Shabbos comes in.

The reason for why if the food has cooked to point of Drusaiy, it is permitted is: because [once it has become ½ cooked] we are no longer worried he will stoke [the coals], as even without stoking it, [the food] is able to be fully cooked for the night [meal] being that it has already cooked half way from before Shabbos. As well [another reason is because] since the food has been [half] cooked from before Shabbos, the food is already [cooked enough to be] fit to be eaten in a pressing situation, [and we thus do not suspect that one will come to stir the coals].

Placing even one piece of raw meat in a stew allows the entire stew to be placed on the fire before Shabbos: If one places in a pot that has begun cooking prior to Shabbos, even one piece [of] raw [meat], we consider the entire pot as if it were raw, and it’s permitted [to place this entire pot in the oven before Shabbos. This applies even though the majority of its food has begun cooking before Shabbos and has not yet reached half cooked.] 

The reason for this is: because through placing in that one raw piece one removes his mind from the entire pot until the next day, [and thus will not come to stir its fire].

Which raw foods are allowed to be placed before Shabbos? All the above [allowance to place raw foods on the oven before Shabbos] is [only] with [regards to placing] raw meat, as [raw meat placed right before Shabbos] is impossible to [become fully] cooked [in time] for the night [meal]. However raw vegetables and the like, is forbidden [to place on the oven before Shabbos] unless it has been cooked before Shabbos to the point of the food of Ben Drusaiy. [see next chapter Halacha 13-14 regarding placing legumes and water right before Shabbos.]

The reason for this is: because even though now the vegetable is raw, [nevertheless if one were to stoke the coals] it is possible for it to be fully cooked for the night [meal]. Therefore one does not remove his mind from it until the next day, [and thus we apply the suspicion that he may try speed up the cooking so it be ready for the Friday night meal].

The food has been cooked to the point of the food of Ben Drusaiy before Shabbos begins:

Excerpted from previous Halacha-Halacha 8

First Opinion: If before Shabbos comes in the food has already cooked to the point of the food of Ben Drusaiy [½ cooked], then [one is allowed to place the food on any type of oven].

The reason for why if the food has cooked to point of Drusaiy, it is permitted is: because [once it has become ½ cooked] we are no longer worried he will stoke [the coals], as even without stoking it, [the food] is able to be fully cooked for the night [meal] being that it has already cooked half way from before Shabbos.

As well [another reason is because] since the food has been [half] cooked from before Shabbos, the food is already [cooked enough to be] fit to be eaten in a pressing situation, [and we thus do not suspect that one will come to stir the coals].

Halacha  9

Second Opinion: There are opinions which say that [the Shehiyah restrictions apply] even [by] food which has been cooked to the point of the food of Ben Drusaiy. [Furthermore it applies] even if it has been fully cooked but [further cooking will still make] it condense [in a way that] will benefit the food[9]. Meaning [not that it will benefit the actual taste of the food per say but] that it’s [further cooking] is beneficial to the person [cooking it] and he is pleased with the [further] condensing of the food. [See footnote[10]]

The reason for why if the food can still condense it is prohibited according to this opinion is because: Perhaps one will stoke the fire on Shabbos to make it ready more rapidly, or in order so it will be condensed. For this reason it has the same laws, for all matters, just as if it had begun to cook [before Shabbos] but was not yet cooked to the point of the food of Ben Drusaiy, of which was explained above [that it has restrictions in regards to which ovens it may be placed on before Shabbos].

The final Halacha: The custom has already spread to be lenient like the first opinion [that if the food has been cooked to the point of Ben Drusaiy, then it may be left on any flame over Shabbos]. 

The laws of Hatmanah/Insulating which relate to the laws of leaving ones pot on top of coals from before Shabbos

Introduction:

The previous Halachas dealt with the Halachic prohibition of Shehiyah involved in leaving ones pot on a flame from when Shabbos begins. We will now discuss another Halachic issue which comes into play in leaving ones pot on a flame, and that is the laws of Hatmanh-insulating. Even if there is no problem of Shehiyah in leaving the food on the flame one must also make sure that the way it is being left on the flame does not constitute Hatmanh/insulation.

 

Halacha 10

Placing the pot directly on the coals in an oven-First Opinion: All the above [leniencies] only apply when the pot is not touching the coals, such as when it is sitting on an iron chair or on stones which are inside the Kirah or the Tanur. However if its standing on the coals, then even if the coals are dimmed and covered, it is [nevertheless] forbidden in all cases. [This applies] even if the [further cooking of the food will make it] condense in a way that is damaging for it, meaning that its [further cooking] is detrimental for the person [cooking it] and it upsets him that the food will condense. [Furthermore, the prohibition remains even if the food] is completely raw.

The reason for this prohibition is: because doing so [i.e. placing a pot directly on top of coals] is considered insulating [with a matter which increases heat], as he is insulating [the pot] on top of the coals, and the coals increase the heat in the pot. [It is therefore forbidden to be done] as its forbidden to insulate on top of something that adds heat, even if [the added heat] condenses [the food] in a way that is damaging for it, or [even] if the food is completely raw, as it will be explain in chapter 257, see there for the reason.

Second Opinion: There are opinions which argue with the above and say that it was not forbidden to insulate on something which increases heat unless one attaches a moveable item[11] around the pot, and the pot is thus completely insulated within that item. [However in such a case] even if this item [which one insulated the pot within] does not increase its heat, but the pot was stood on something that increases its heat, then [nevertheless] it is forbidden just like as if it were entirely insulated with an item which increases its heat.

However in our case [above in the 1st opinion where the pot has not been insulated with a moveable item] although the walls of the Tanur or Kirah surround the walls of the pot, and [furthermore] even if the opening of the oven above has been closed, nevertheless since there is no moveable object which has been attached around the walls of the pot, [therefore] this is not considered [the prohibition of] insulating, for the reason explained in Chapter 257. [Therefore] there is [also] no prohibition involved in having the pot stand over something which increases its heat.

The Final Ruling: The custom is like the latter opinion.

What is the law if the coals themselves are surrounding the walls of the pot? Even if burning coals surround and are attached to the walls of the pot, [nevertheless] this is not considered [the prohibition of] insulation [according to our custom, based on the second opinion[12]], being that the pot is open from the top, [meaning it has no coals surrounding its top].[13]

Removing the pot from the surrounding coals on Shabbos: However [in the above case that the coals surround the walls of the pot] it is forbidden for a Jew to remove the pot from there on Shabbos.

The reason for this is: because through him removing the pot he [consequnetly] stokes the upper coals and causes them to fall onto the bottom ones and extinguishes them, while the top ones burn on their own due to this stoking. Now although he does not have intent to stoke [the coals when removing the pot,] nevertheless [since] it is inevitable to avoid this[14], being that it is impossible to take the pot off without stoking the coals. [Therefore it is forbidden to be removed, as is the law by all cases in which the prohibition will inevitably occur through ones unintended actions].

Asking a gentile to remove the pot from the surrounding coals:  Nevertheless it is permitted for one to tell a gentile to take off the pot.

The reason: Now, although anything that is forbidden for one to do on Shabbos it is forbidden to ask a gentile to do so [on ones behalf], nevertheless here since the involved prohibition [of stirring the coals] occurs inevitably without ones intent to do so [it is therefore permitted]. [Meaning] since the Jew did not ask him at all to stoke the coals, and rather has sent him to [remove the pot off the coals which is asking him] to do something permissible, therefore even though this inevitably causes something prohibited to occur [it is nevertheless permitted]. [The reason for this is because] this prohibition was not done due to instructions of the Jew, as the Jew did not command him to do this. [Therefore it is permitted for the gentile to do it] as the gentile isn’t commanded at all to guard Shabbos, [as the reason that he may not be told to do a direct prohibition for a Jew is not because the gentile is commanded to keep the Shabbos] but rather [because] we are prohibited to send a gentile to do something [which for us is] prohibited [to do intentionally].

Halacha 11

Removing the pot from the coals if it is not surrounded by the coals but only sitting on them: If the coals are not surrounding the pot, but are rather [only] on the bottom of it, then from the letter of the law it is permitted even for a Jew to remove it.[see note[15]]

The reason for this is because: even if this will slightly stir the coals by him removing the pot, [nevertheless it is allowed as] through doing so he will not further ignite the coals or extinguish them. Now although the coals are Muktzah  and its forbidden to move something Muktzah even when shaking it only a small amount, nevertheless since he is not [directly] shaking it with his hands, but rather [indirectly] through the pot, [therefore] this is considered “moving from the side[16]“, of which there is no prohibition at all [for one to do].

Lechatchilah one should have a gentile remove it: Nevertheless [despite the above allowance] initially a Jew should not take it off himself, but is rather to have a gentile do it, and [only] if there is no gentile [available to take it off] should he take it off himself.

Removing it with care: [When a  Jew removes the pot] he should be careful to remove the pot gently in order so he not stoke the coals and so he not shake them at all, (if it is possible for him to do so).

The reason for this is because: as there are opinions which say that even through shaking the coals alone they ignite a little bit, and thus [we suspect for this opinion and require one to remove the pot gently. This helps as] since he is taking it off gently in a way that it is possible that the coals will not shake at all, it is therefore not considered an inevitable occurrence[17], and thus even if in the end the coals do shake [with ones gentle movement], it is nevertheless permitted [even according to this latter opinion] being that it was done without intention. 

What is the law if one transgressed and left a pot over a flame in a case that it was prohibited to do so?

Halacha 12

In all places that it was explained that  it is forbidden to leave food [on the fire for Shabbos] that has not cooked to the point of the food of Ben Drusaiy, then if one transgressed and left it on the fire, even if this was done inadvertently[18], such as that he forgot to remove it before Shabbos or that he thought it was allowed, [nevertheless] the food is forbidden for himself and for others [to eat] until enough time has passed after Shabbos for it to be able to cook.[19] [However if one has no other food to eat on Shabbos then see 254/ 8.]

What is the amount of cooking required for a dish to be considered cooked to the point of the food of Ben Drusaiy? How much is Machel Ben Drusaiy?

Halacha 13

The measurement of [cooking for] the food of Ben Drusaiy, some opinions[20] say is about a third cooked from the amount of cooking which is common for everyone[21].

Other Opinions: Others[22] [however] say that it is half cooked [from the amount that people consider fully cooked].

The Final Ruling: Practically the law is that even though by Rabbinical prohibitions we rule leniently [when there is a dispute], nevertheless due to the severity of Shabbos one needs to be careful initially that from before Shabbos the food is cooked half the amount of its required cooking, [in a case that] none of the [above explained] leniencies[23] apply.

However if after the fact[24] [one had placed the pot on the fire without it having been ½ cooked] then the food is permitted in all cases[25], if it had cooked a third of its required cooking from before Shabbos.

 

Supplement from 318/8

Leaving food on Tiberius springs from before Shabbos

One is allowed to leave food over the hot springs of Tiberius from before Shabbos, having it cook over Shabbos. However to insulate it completely inside [the spring] is forbidden even from before Shabbos due to the insulating prohibition of, as will be explained in chapter 326 [Halacha 3].

 

The laws of Chazara [Placing a pot onto a flame on Shabbos itself]

Chapter 253 Halachas 14-29

Introduction:

The following set of laws will deal with the restrictions that apply to placing a fully cooked food on a fire on Shabbos. Although there is no cooking being done when one places a fully cooked food on the fire [as defined in chapter 318], nevertheless since it appears like one is cooking, therefore the sages restricted one from being allowed to do so, unless certain conditions are fulfilled.
To note that regarding placing a pot over a fire on Shabbos, as opposed to near the fire, the discussion of when and when not it is permitted to do so is only regarding when one is coming to return a pot to a fire, however when coming to place a pot over the fire now for the first time on Shabbos, even if it was already fully cooked before Shabbos,,it is never allowed.

 

Halacha 14

Some of the conditions[26] required for one to be allowed to return a pot on a Kirah oven on Shabbos : A Kirah which was fueled with straw or twigs, or even with olive waste or wood but its coals were removed or covered[27], [then if] one took a pot off from the fire, whether from before Shabbos or whether after Shabbos had already begun, and he now wants to return the pot to the fire on Shabbos, then if the pot is still in ones hand, meaning that one did not remove it from his hand from when it was taken off the oven until now when he wants to return it, and one did not remove the food from it into another pot, and rather he wants to return the food while it is in the same pot which was originally on the Kirah[28], then it is permitted for him to return the pot [onto the Kirah] on Shabbos, as long as if when he originally removed the pot from the Kirah he had intention to return it latter.

The reason for why intention helps is because:  [by having such intention] it ends up that the original stay of the pot [on the fire], which was placed on the Kirah from before Shabbos [and was thus permitted], was never nullified, as at the time that he removed it from the Kirah he did not have intention to remove it permanently from there, but rather [he took it off with intention] to return it afterwards.

The problem involved if one lacks any of the above conditions: However if to begin with when he took it off he did not have intention to return it to [the Kirah], or if he removed the pot from his hand one time [prior to wanting to replace it on the fire] or he removed the food content that was in the pot into a different pot, then [it is forbidden for one to return it on Shabbos to the fire]

The reason for this is: because the original stay of the pot on the fire has been nullified and thus now when he wants to return it to the fire it as if he is originally starting to place it on the fire on Shabbos. [This is forbidden to be done] as the Sages only allowed one to return a food onto the fire, and not to begin placing the food on the Kirah on Shabbos now for its first time. [This applies] even when there is no prohibition of cooking involved, such as if it is already fully cooked, in which we say [that even if it has cooled down, when a solid[29], that] there is no longer a prohibition involved in cooking a cooked food, and it is thus permitted to place it near a fire even if that area is Yad Soledes, nevertheless [even in such a case that there is no prohibition involved in heating up the food it is prohibited to place it over the fire on Shabbos for its first time, as] when one places it on the Kirah which is an area which is the common way for one to cook on, it appears like one is initially cooking the food on Shabbos. [However when the pot was originally already on the fire and one is simply returning it there without having put it down or changed pots, then it does not appear like one is initially cooking it now on Shabbos and is thus allowed.]

Placing the pot onto a different fire: Nevertheless[30] when [the above conditions are fulfilled, which are that] one had in mind to return it, and it is still in ones hand, then it is permitted to return it to even a different Kirah [than the Kirah which it was originally removed from], even if this second Kirah is hotter than the original one.

If the pot was insulated but not over a fire before Shabbos, may it be placed over a fire on Shabbos? However if to begin with the pot was insulated in a [proper] form [of insulation] as will be explained in chapter 257, and on Shabbos he wants to remove its insulating content from [around] the pot and to then place the pot on an oven, this is forbidden to be done, as its considered like he is now initially placing the pot on the oven [which as explained above was prohibited by the sages because it appears like one is cooking].

If the pot was in the oven before Shabbos may it be insulated on Shabbos? Similarly if the pot was in the Kirah and on Shabbos one comes to take it out from the Kirah and insulate it, even if he wants to use a [form of insulation, such as] pillows or blankets or other clothing, which does not add heat but just retains the heat, it is [nevertheless] forbidden, as it is considered like one is insulating the pot now on Shabbos for its first time, which is forbidden [to be done] even if the insulation does not add heat, unless [it qualifies the conditions] which will be explained in chapter 257.

However if [on Shabbos one wants to insulate the pot by having] the pillows and blankets wrapped [only] around the walls of the pot, but leaving its top revealed, then it is permitted to be done as this is not considered [the prohibited form of] insulation. [Furthermore this may be done initially on Shabbos even if the pot was not on any source of heat from before Shabbos.]

Halacha 15

Returning a pot on to a Tanur oven on Shabbos: A Tanur which was fueled even with straw or twigs, and even if its coals were swept or covered, which one left food on it in one of the permitted ways explained above [either the food was half cooked or the meat was completely raw before Shabbos] then [nevertheless, in a case that one removed it], it is forbidden to return the pot on Shabbos. [This applies] even if the pot is still in ones hands and he had intention to return it, and even if any further cooking of the food will make it condense in a way that is damaging to the food.

Returning a pot on to a Kupach oven on Shabbos: Similarly [to the laws of a Tanur] is also the law for a Kupach which was fueled with olive waste or wood [even if its coals were swept or covered] being that [a Kupach fueled with olive waste or wood] has the same laws as a Kirah which was fueled with olive waste or wood which was not swept or covered, in which case it is forbidden to return a pot onto it on Shabbos in any situation[31].

The reason for why one may not return a pot onto the above ovens in any situation is because: it is a Rabbinical decree enacted because [if one were allowed to do so] he may come to stoke the coals. Now, although with regards to leaving a pot from before Shabbos [even on a Tanur and Kupach] we are not worried that one will come to stoke the coals in a case that further cooking of the food will make it condense in a way damaging to it, nevertheless here with regards to returning the pot onto these ovens on Shabbos we are more stringent. 

Halacha 16

Placing a pot inside a Kirah on Shabbos: All the above [cases mentioned of which it is allowed to return the pot to the Kirah only apply] when he return the pot onto the opening of the Kirah, on the top, meaning that the walls of the pot protrude a little bit above the walls of the Kirah. However to return it into the oven itself, even with regards to our ovens [which open from the side and not from their top, and thus by our ovens the only place to return it is to inside the oven, nevertheless] it is forbidden in all cases even if it was fueled with straw or twigs and [its coals] were swept or covered and the pot is still in ones hand and one had intention to return it.[32]

Halacha 17

Returning pots onto stoves: Those ovens, which do not have a hollow inside, but are flat, and their inside and outside are one piece[33], are permitted to return to them.

Halacha 18

Other conditions required to be allowed to place a pot on to a Kirah oven on Shabbos:

Fully cooked food which is still warm: Even on top of a Kirah, it is only allowed if the food [being returned to the oven] is fully cooked, [although it is allowed] even if further cooking will still make it condense in a way beneficial to the food. However if it is not yet completely cooked, even if it has already cooked more then the amount of the food of Ben Drusaiy, [nevertheless] it is Biblically forbidden to return it on Shabbos, as this is considered actually cooking.

Fully cooked but cold: [Furthermore] even if the food [which one wants to return] is completely cooked but has already completely cooled down, it is forbidden to return in all cases. [This applies] even if it is a type of food which reheating it does not consist of a prohibition of cooking, such as is the case with a dry food that has no liquid at all that is fully cooked, which according to all opinions there consists no prohibition of cooking it even if it has fully cooled down, as will be explained in 318, nevertheless it remains forbidden to return it on top of a Kirah.

The reason for this is: because once it has completely cooled down it has nullified its original stay [on the Kirah which was allowed to be done], and thus now it is considered as if he is initially placing it on the Kirah on Shabbos.

Halacha 19

If the food is fully cooked and still warm: However if the food is still a little hot, then even if it is not Yad Soledes[34], it is permitted to return it if by doing so there is no prohibition of cooking involved at all, such as that the food is dry without any gravy, in which case according to all opinions there consists no prohibition of cooking it even if it has fully cooled down. [Furthermore] even if there is gravy, in which case there is a prohibition of cooking involved if it has completely cooled down, nevertheless if it has not yet completely cooled down, then we are accustomed to be lenient and allow it to be placed near a fire as it will be explained in 318. Based on this [leniency to allow the gravy food to be placed near the fire] we should similarly permit to return this pot [with liquid that has not yet completely cooled down] onto a Kirah that [has had its wood or olive waste coals] swept or covered or [which is not swept or covered but was] fueled with straw or twigs, if the pot is still in his hand and he had intention to return it.

The customs today in regards to which conditions are required to be able to return a food on a Kirah on Shabbos: The custom is to be even more lenient [then the above mentioned leniency with a liquid/gravy food, and permit] to return the pot into our modern day ovens, which have the same laws as returning a pot into the inside of a Kirah.

[Furthermore they are even lenient to permit to return the pot] even after one removed the pot from his hand and placed it on the ground, staying there for a long time, and even if [when one had removed it from the Kirah], one did not have intention to return it, and even if he had placed the food into a different pot.

Must one protest this lenient custom from being followed? One need not protest against those which are accustomed to follow the above leniencies [however one should himself try to be stringent, as will be explained below].

The basis behind the lenient custom is: because there are opinions which say that the Sagess did not require one [upon removing the pot] to have intention to return it and for it to be kept it in his hand [until he returns it], with exception to the case of when one removes the pot before Shabbos and now wants to return it on Shabbos. In such a case [the Sages said that] if one did not have intention to return it, or he [did but] had already removed it from his hand, then [it is forbidden for him to return it because] it is considered like he is initially placing it on the Kirah on Shabbos, as when Shabbos first began the pot was not on the Kirah at all. However when one removes the pot from the Kirah after Shabbos has already begun, since when Shabbos first began the pot was on the Kirah, it therefore does not appear like one is initially placing it [on the Kirah] on Shabbos, even if [when one removed it from the oven] he did not have intention to return it, and even if he already removed the pot from his hand and had emptied its food into another pot [prior to returning it]. [Thus since when the pot was removed after Shabbos has already begun it does not appear anymore like he is initially placing it on the oven on Shabbos if he come to return it there,] therefore it is permitted to return it [to a Kirah] if it was fueled with straw or twigs or if it was [fueled with olive waste or wood but its coals were] swept or covered and the food is fully cooked and has not completely cooled down. It is based on this opinion that the world relies on to be furthermore lenient to say that even when the Sages prohibited to return the pot to the inside of the oven, it was only prohibited when one removed the pot from before Shabbos and it was in his hand until after Shabbos had begun [in which case he may return it on top of the Kirah, if the other conditions are fulfilled, but not inside the Kirah].

May one initially follow the leniency to even return the pot inside the oven? Despite the above custom, every person should be stringent on himself[35] to not return the pot to the inside of a Kirah or Tanur[36] even if one removed it from there after Shabbos had begun, [and] even if he had intention to return it, and it is still in his hands.

The reason for why one should be stringent to not return the pot to the inside of the oven is: because there is not enough logical reasoning to differentiate between one who removed the pot from after Shabbos had begun or had removed it from before Shabbos, concerning the matter of returning it to the inside of the oven.

May one initially follow the other leniencies: Even concerning [the leniencies to] return the pot onto the Kirah, [even] if [upon removing it] he did not have intention to return it or [even] if he already removed it from his hand or [even] if he placed the food into another pot, it is proper[37] to be stringent [see note[38]], being that most opinions say that even regarding these matters there is no difference if one removed the pot from before Shabbos or from after Shabbos had already begun, [and thus the requirements of the Sages regarding intention, having it still in ones hands and having it in the same pot, apply equally to both scenarios].

A leniency to initially place food inside an oven on Shabbos day: There are some people which are furthermore accustomed to be lenient to return a pot the next day[39] inside the Tanur which that food was baked in before Shabbos, even if [the coals of] the Tanur were not swept, [as long as] the Tanur was not further heated up after the baking [of the food which one now wants to return] in order to insulate inside it the hot food of Shabbos day, and rather the [the hot food for Shabbos day] was insulated in a different oven.

The reason that they are lenient to allow this is: because the coals which remain from the fire which was heated up for the baking are already faded and dimmed and they are thus considered as if they were swept. (However, nevertheless if the inside of the oven is still Yad Soledes then it is forbidden [to place the pot there][40]) as we had explained earlier.

A further leniency to initially place food inside an oven on Shabbos day: There are those which are furthermore lenient that even if one insulated the hot Shabbos day food [in the oven used to bake the food that he now wants to return] nevertheless [they say that] after the Shabbos day meal certainly all the coals have dimmed and [they thus say that] it is permitted to return the food into that oven [after the Shabbos morning meal], in according to the custom [mentioned previously], (as long as the oven is not Yad Soledes).

Halacha 20

Placing food next to a Kirah on Shabbos

First Opinion: All the above restrictions are with regards to returning the pot onto the oven or inside it, however it is permitted to place the pot next to the [Kirah] oven, on the outside of it, on Shabbos. Similarly [one may also place a pot near] our Tanur ovens [which open from the side] even if the actual food is touching the walls of the oven from the side, and even if it was fueled with olive waste and wood and it’s [coals were] not covered or swept, as we are not worried that one may come to stoke the coals if he is only placing the food near the oven on its outside [and not actually on it or inside it], as we explained above [in Halacha 3]. Furthermore even if one had already removed this food from the oven before Shabbos and had placed it on the ground, and [when he removed it] did not have intention to place it back into the oven or to even place it near it, and even if it is an old[41] food and is completely cold, as long as there is no prohibition of cooking involved here at all, such as that the food is dry, then it is permitted to place the food near the oven.

The reason that this is permitted is: because this does not appear like one is initially cooking the food on Shabbos, as it is not usual to cook a food outside of the Tanur or Kirah and it thus has the same laws of placing a food next to a bonfire as will be explained in 318.

Other Opinions: However there are those which prohibit to place a pot near a Kirah or our Tanur ovens if they are not swept or covered and have been fueled with olive waste or wood, even if [at the time one removed it] one had in mind to return it or to place it next to the oven, and [even if] it is still in his hand.

Their reasoning to prohibit this is: because of a decree that [if one were allowed to do so then] he may come to stoke the coals, as even though with regards to placing food near an oven before Shabbos we are not worried that one may come to stoke the coals, nevertheless concerning placing it there on Shabbos they[42] were stricter.

The Final Ruling: The custom is like the first opinion, however in a situation that there is not really much need for one to do so  then it is proper[43] to suspect for the latter opinion [and not place food near a Kirah which has been fuels with olive waste or wood, if it has not been swept or covered]. [However by a Tanur oven of back in the day and by a Kupach oven which has been fueled with olive waste or wood, then one may never place food even near the oven on its outside, if that area is Yad Soledes.]

Halacha 21

Placing food on Shabbos by an area which is not yad soledes bo:

Placing near the oven by an area which is not Yad Soledes: All the above restrictions [of returning a food near an oven] is only when one is returning the food on Shabbos to an area which is Yad Soledes, (meaning that it is hot enough that if the food that he is returning there were cold it would be able to heat up to the point of Yad Soledes by him placing it there). However if it is not Yad Soledes in that area, then according to all opinions one can place food near the oven, even [near] the Tanur of their days, even if it is not swept or covered [and even if the food has not been cooked].

Placing it on an oven by an area which is not Yad Soledes: [Furthermore] one is permitted to return it even on top of a Kirah that is swept or covered if it is not Yad Soledes in that area, even if one had already removed the food from there before Shabbos and had placed it on the ground and he did not have in mind to return it at all. [This applies] even if its food was placed into another pot, and even if it is an old food which has completely cooled off, and even if it has liquid.

The reason for this leniency is because when [on the oven] there is not so much heat to the point of Yad Soledes, it does not appear like one is initially cooking there [on Shabbos].

Placing it inside the oven: (Regarding returning the pot to inside the Kirah, or Tanur even of our days, there is no difference if it is Yad Soledes or not in that area [and it is prohibited regardless, as mentioned above in Halacha 5.)

Halacha 22

Placing a fully cooked food on an oven very close to Shabbos, without enough time for it to heat up:

First Opinion: All the above [restrictions of placing a food on an oven] are referring to when one wants to return the pot on Shabbos itself. However if one removed the pot before Shabbos and now decided to return it close to the beginning of Shabbos, before he accepts Shabbos, then even if he had already placed it on the ground, and even if it has completely cooled off, and even if he placed its food into another pot, [nevertheless] he may return [a food which has been cooked to the point of Ben Drusaiy] to even inside the Kirah or even into the Tanur of those days, even if was not swept or covered.

Other Opinions: [However] there are opinions which say that when it is so close to Shabbos that if the [food in the] pot were to be cold, it would not be possible to heat it up[44] before Shabbos, then it is forbidden to return it to this Kirah or to another Kirah, even if now the food is hot, unless [all the conditions were fulfilled to] permit to return it on Shabbos itself.[45]

Their reasoning for requiring this is: because of a decree that [if this were to be allowed then] perhaps one will come to return a food even on Shabbos itself.

If there is enough time for the food to be heated before Shekiah, but not before one accepts Shabbos: However if [when one comes to place the pot on the oven] there is enough time to heat it up before Shabbos [meaning Shekiah] but there is not enough time to heat up before he accepts Shabbos[46], then [even according to this opinion] there is no prohibition involved [to place the pot on the oven].

The Final Ruling: The custom is to be completely lenient like the first opinion, however in a situation where there is not much need for one to do so, it is proper[47] to be stringent [to not place the pot on the oven if there is not enough time for it to heat up before sunset, unless the Shabbos conditions are fulfilled]. For this reason it is proper[48] to be careful to not remove the pot off from the Kirah or the Tanur which it was cooked in and place it [On Erev Shabbos] close to sunset, on a heater, which is not swept or covered, if it that area is Yad Soledes there. [This however is] with exception to if one places something under the pot, just like one is required to do on Shabbos itself, as will be explained [in Halacha 26].

Halacha 23

Placing the pot near the oven close to Shabbos: However to place a food near a Tanur oven [of our times[49]], which [its coals] are not swept or covered, near Shabbos, even though it is Yad Soledes in that area, is permitted according to all opinions. [This is] despite that there are those which prohibit this to be done on Shabbos itself. [Based on this] certainly it is allowed to place it next to a bonfire in an area which is Yad Soledes, being that even on Shabbos itself this is allowed, as long as it does not involve any cooking prohibitions, as will be explained in chapter 318. [However] before Shabbos has begun it is permitted to place it [near the Tanur] even if [this were to be done on Shabbos] there would be a cooking prohibition involved, such as that the food contains gravy and has completely cooled down, or even if it has not yet been cooked to the point of the food of Ben Drusaiy.

Placing raw meat on the fire before Shabbos according to the stringent opinion: [Furthermore] if the food [meat] is completely raw, it is allowed according to all opinions to even return it onto a Kirah[50] which is not swept or covered, close to Shabbos [sunset] itself, as by raw [meat] we are not worried at all that one may come to stoke the fire, as was already explained above [in Halacha 8].

Halacha 24

The law if one placed a food on a flame on Shabbos without fulfilling the required conditions:

If one transgressed and returned a pot on Shabbos, to an area which (according to all opinions) is forbidden for one to return there[51], 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.

If the food is fully cooked but will condense with further cooking: 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.

[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 it at all after the fact if it was done inadvertently, being that the food was already fully cooked [prior to returning it 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.

Halacha 25

If a gentile placed ones food onto an oven on Shabbos, in a way prohibited for a Jew to do, is the food permitted? 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[52], 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. 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, and the Jew which owns the food saw the gentile doing this and kept quiet[53], then since the action of the gentile was of benefit for him, it is forbidden for any person to eat from it even after it has cooled down, until enough time has passed after Shabbos for one to be able to have gotten this benefit from the food. 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[54]) to an area where there are opinions which permit this to be done even initially, such as to place it near an oven 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 even though [transgressing such a prohibition] 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 will be explained in 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).

Halacha 26

The Laws of placing food on top of a pot which is sitting on the fire:

Using an empty pot to cover the fire if this had not been done from before Shabbos: One who awakes on the morning [of Shabbos] and sees that his food which is in a pot is burning on a Kirah which has not been swept or covered, but was placed on it before Shabbos in one of the permissible ways explained above [in Halacha 8], and he is [thus] worried that it may burn even more, he is allowed to [do the following]. [He may to] remove the pot from the Kirah and to place an old[55] empty[56] pot on the Kirah. [However] a new [pot may not be placed] for the reason explain in 502[57]. Then he may place the pot which has the food in it on top of the empty pot. There is no prohibition involved here of him returning food to a Kirah which is not swept or covered, as since the empty pot closes off the opening of the oven which is under the pot that has food in it, [therefore] it is considered like it is swept or covered.

Initially placing food on Shabbos on top of a hot pot: Similarly it is permitted to place food on Shabbos on top of the Chulent pot which is insulated over the fire (that is in a Kirah), in the way explained in 257, even though it that area is Yad Soledes. We are not worried that one may come to stoke the coals [when doing this], since the [chulent] pot separates between this food and the coals.

Furthermore even if one removed this food from the Kirah before Shabbos and did not have in mind to return it, and placed it on the ground, and even if he placed the food into another pot, and even if the food is old and has thus completely cooled down, [nevertheless it is permitted to place the food on top of another pot on Shabbos] as long as there is no cooking prohibition involved, such as that there is no liquid in the food.

Now, even though that [the lacking of] every single one of these conditions forbids one to return the pot onto the oven on Shabbos, even onto a Kirah which was swept or covered, being that doing so appears like one is initially cooking on Shabbos, nevertheless, [it is permitted to place it on top of another pot as] when one places it on top of a pot which is on top of the coals (that are in the Kirah) it does not appear like one is initially cooking [this food] as this is not the usual way of cooking.

Placing food on top of a fire which is covered by a sheet of material: Based on the above one can say that our ovens which have a [solid[58]] covering [over the flame], even if its [coals] are not swept or covered, as wells as heaters[59], which [their coals] were not swept or covered, and even if the heater has fire inside it[60], [nevertheless] it is permitted to place food on top of it on Shabbos even if that area is Yad Soledes, so long as this food is also allowed to be placed on top of a pot which is insulated on coals[61].

The reason for this is because: since the [solid] covering separates between the fire and the pot which contains the food [therefore it is similar to placing food on top of another pot that is on the fire].

Other Opinions: [However] there are opinions which say that even if [the solid covering of the oven] is not Yad Soledes, [nevertheless] one must now place something under the pot in order to separate between the pot and the coals in the oven, in order so this serve as a reminder [of the prohibition to stoke the coals] and thus one will not come to stoke the coals. Now, [although the solid covering of the oven already serves as a separation between the coals and pot, nevertheless] the solid covering [being that it was] already previously made, it does not serve as a [proper] separation or reminder to prevent one from coming to stoke the coals.

The Final Ruling: The latter opinion is the main Halachic opinion, [and thus one must place an additional separation over the solid covering]. 

Placing food on a heater which will eventually turn on: However, nevertheless prior to the Tanur being turned on[62] the custom is to be lenient to [allow] to place [fully cooked] food [which if contains liquid is also still warm] on top of [the solid covering] without placing an [additional] separation. [Now], even though the oven will be heated later when it turns on, in which case there will then be a suspicion that one may come to stoke the coals, nevertheless one need not protest against those which do this being that they have upon whom to rely on.

Halacha 27

Placing food near the heater: However to place food near a heater which is not swept or covered, even if it has fire in it, is permitted in all cases[63], as is our custom as explained above [in Halacha 20], as long as the food is [still] a little hot if it contains liquid, if it is Yad Soledes by the area that is next to the heater. However if it is not Yad Soledes there next to the heater then even if the food [which contains liquid] is completely cold, it is permitted to place it there in all cases, as explain above [in Halacha 21].

However, if one knows that the gentile will [eventually come to] stoke the heater later on in order to heat up the house, which is permitted on Shabbos as will be explained in chapter 276, then if the heater will be heated up so much to the point that it will also heat up the food that was placed next to it to the point that that food will become Yad Soledes, it is forbidden to place it there [if it is a liquid which has fully cooled down]. Rather one must remove it from near the heater before the gentile stokes it.

The reason for this prohibitions is because: this is like one who places a pot [over a stove] and someone else comes and lights it up under it, in which case although the former person [which placed down the pot] is not liable [to bring a sin offering, or get the death penalty] nevertheless it is Rabinically prohibited to do so

Halacha 28

Telling a gentile to place food by a heater which will only turn on at a later time:

However it is permitted to tell a gentile to place the food by the heater, [even though that] eventually he will turn on the heater in order to heat up the house and this will cause the food to consequently also heat up [past Yad Soledes].

The reason for this is: because the main intention of the gentile when he turns on the heater is not [to heat up] the food, but to heat up the house, which is permitted for him to [be told] to do, and the food then consequently also heats up. Now even though [the heating of the food] is an inevitable occurrence[64] [when the heater is turned on] [nevertheless] there is no prohibition in telling the gentile [to do so] for the same reason as explained above [in Halacha 10].

Other Opinions: However there is an opinion which forbids [one to tell the gentile] do this, since the gentile also intends to stoke the heater for the benefit of the food, being that it was placed on top of the heater, or next to it [in a way that is obvious to the gentile that the Jew wants it heated up]. Now, even though the gentile’s main intention is to heat the house, this does not help at all [to permit the gentile to be told to do so].

The Final Ruling: The custom is like the first opinion. Nevertheless, every man who is meticulous should be stringent upon himself in a circumstance that he does not need so much [to heat up the food].

Halacha 29

Telling a gentile to place water in the fixed pot that is in the heater in order to prevent it from breaking: However [despite the stringent opinion mentioned in the previous Halacha] if the gentile placed water into the pot that was fixed into the oven to prevent this pot from shattering when the oven is turned on, and then afterwards the gentile heated up the oven and the water boiled, [nevertheless] the Jew is permitted to benefit from this water on Shabbos.

Furthermore it is even initially permitted according to all opinions to tell the gentile to place water into the [fixed] pot before he lights the heater.

The reason for this is: because [the Jew] does not have in mind at all to heat up the water but rather to heat up the house, as one is only placing water into the fixed pot so the pot does not break.

If the Jew desires the water to be heated: (Nevertheless if the Jew desires that the water be heated so he can use it to wash vessels, then it is forbidden to tell a gentile to place water into the fixed pot.

The reason for this is: because the Jew himself is prohibited from placing the water there from even close to Shabbos, if he desires it in order to clean vessels) due to a decree that maybe he will come to stoke the coals after the oven is heated up, as will be explained in chapter 254, [therefore] it is [likewise] forbidden to tell a gentile to place it there. As everything explained in this section which is forbidden to be done because of the decree that one may come to stoke the coals, or because it appears like one is initially cooking [the food on Shabbos], then it is forbidden to tell a gentile to do.

May the Jew place the water inside the fixed vessel? Even if one does not desire at all that the water be heated, [nevertheless] it is forbidden to place the water there himself even before the oven has been stoked.

If the gentile intends to heat up the water: According to the custom that we are accustomed to follow the first opinion mentioned in Halacha 28, it is permitted [to ask the gentile to place water in the fixed pot] even if the gentile’s intention in placing the water is in order to heat it up, since his main intention in heating up the oven is for the need of the house.

If the gentile places the water in the pot after he already began heating the oven: [However] if he put the water in the pot after he had already stoked the oven, then even if the pot was still cold when he placed the water in it, [nevertheless] if one knows for certain that the gentile placed it there in order to heat up the water, it is forbidden according to all opinions until enough time has passed after Shabbos for one to have been able to heat up the water,  just as is the law when a gentile does a complete prohibited action on behalf of a Jew. However [if one does not know for certain that the gentile placed it there to heat up the water then] we assume that it was placed there in order to prevent the pot from shattering.