Chapter 3: Insulation-Hatmana before Shabbos
Insulating foods on Erev Shabbos on behalf of Shabbos
Introduction:
After concluding the laws of Sheiyah, which involved leaving your food on a heating source into Shabbos, we will now discuss a complimentary topic which is also associated with keeping your food warm into Shabbos, and that is the laws of Hatmana/Insulation. The Sages gave certain restrictions as to how one is allowed to insulate his food from before Shabbos, and on Shabbos. In previous times, one of the more common ways used to keep one’s food warm into Shabbos was to insulate it. Even today some people choose to wrap their food in a towel and the like rather than leave a flame on over Shabbos. Nevertheless, most of us today don’t really insulate our foods to keep it warm and rather leave it on the Blech. However, it is common even amongst us today to wrap our pots in a towel and the like and then place it on the Blech for extra insulation. The question is thus asked as to whether this is allowed. Are there any regulations associated with insulating a food before Shabbos? In the next chapter we will discuss if there are any regulations involved in insulating a pot of food on Shabbos itself. Such as if you removed your soup from the stove and placed it on your counter, may you wrap it in a towel to keep it warm for guests that are coming later on. It is this subject that will be discussed in this chapter. |
1. Not to insulate with materials that add heat to the food:[1]
It is forbidden to insulate foods with materials that add heat on Erev Shabbos for the sake of having hot food on Shabbos.[2] This prohibition applies even if the food [is fully cooked[3] and] further cooking of this food causes it to condense in a way that is detrimental to it.[4] Likewise, this prohibition applies even if one adds completely raw meat to the pot immediately prior to the start of Shabbos.[5] Likewise, this prohibition applies even towards food that one plans to only eat on Shabbos day.[6]
Q&A May one insulate foods with material that adds heat for the need of Motzei Shabbos?[7] No. |
2. Insulation with material that does not add heat:
Before Shabbos, one may insulate food with any material that does not add heat to the food, and there are no restrictions in this regard. [Restrictions against insulating even with materials that do not add heat only begin to apply on Shabbos itself, as will be explained in the next chapter. Thus, before Shabbos one may completely wrap a hot pot of soup in a towel or blanket and leave it on the counter, so it remains warm, as a towel does not add heat to the food and just conserves the heat, so it is permitted to be done.]
Q&A May one insulate foods with material that does not add heat for the need of Motzei Shabbos?[8] Some Poskim[9] rule it is forbidden according to the Ashkenazi custom to insulate foods for the need of Motzei Shabbos. Other Poskim[10] rule it is permitted to do so and so is the accepted custom.
May one place hot water or hot soup into a thermos for the sake of Shabbos? Yes. |
3. The criteria and cases of forbidden insulation-The definition of insulation that adds heat:
A. Which materials are considered to add heat?[11]
The following items always add heat:[12]
- Olive waste
- Sesame waste
- Fertilizer
- Salt
- Lime
- Sand
- Insulated food that is on top of a fire, Blech, or heating element. [See 4!]
The following materials add heat only when wet:[13]
- Straw
- Soft yarn or other pieces of cloth,
- Herbs
The following materials and items never add heat:[14]
- Garments
- Fruits
- Feathers of all birds
- Thin residue of flax
- Sawdust of carpenters
- Skins whether they have been processed or not processed.
- The fleece of wool.[15]
- Ash [16]
- Stones [17]
Q&A What is the status of blankets and pillows?[18] They do not add heat.[19] However, if they have cotton inside of them, it is proper to avoid using them if they are wet, even though that the actual cotton will not touch the pot.
May one insulate with a dry towel? Yes. However, it is only allowed if the food is off the fire, blech or electric plate.
May one insulate with a wet towel? Yes.[20]
May one insulate on Shabbos with materials that do not add heat and are never commonly used to insulate with?[21] Logically, speaking there should be no differentiation between material that adds heat and that does not add heat in this regard, as “anything that is not common the sages did not decree against.” Nevertheless, the final ruling requires further analysis. |
B. Touching walls of pot:[22]
To be defined as insulation, the insulating material must touch the actual walls of the pot. If it does not touch the actual walls of the pot then it is not defined as insulation, and is allowed to be done even with material that adds heat.[23]
Q&A If one insulates around a pot that has handles, and thus by the area of the handles the material is not touching the pot, is this still considered insulation?[24] Yes.
If one has a number of pots on the Blech may he place a single towel to cover all the external sides of the pots? Some Poskim[25] rule it is forbidden to do so.[26] Other Poskim[27] however leave this matter in question.[28]
According to the Alter Rebbes ruling in the Mahhadurah Basra that even insulating the top of a vessel is problematic, would it be prohibited on Shabbos to place a wide pot on top of a pot of hot food and then cover it with a towel, being that the wide pot touches the cover of the pot?[29] No. This is allowed even according to the Mahadurah Basra.[30] |
C. How much of the pot must be insulated for it to be considered a prohibited insulation?[31]
Lechatchilah, one should consider it to be prohibited insulation even if only majority of the walls of the pot are covered, even if its top is uncovered by the insulation material.[32] Thus, one is not to initially wrap the majority of the walls of a pot in a towel if the pot is on a heat source [such as a Blech, as explained in A]. However, by a pressing situation, or Bedieved, one may be lenient that as long as the pot is not fully covered by the insulation, [such as that one covered only its walls and left its top uncovered[33]], then it is not defined as insulation and is permitted to be done.[34] If only minority of the pot is covered by the insulation, then it is not defined as insulation at all even if the cover of the pot is covered with insulation, and is thus allowed to be done even Lechatchilah.[35]
Q&A If the food does not fill the entire pot, is it still considered insulated if the majority area of the walls where the food reaches is insulated?[36] We measure against the pot itself and not against the walls of the pot that correspond to the food. Thus, even if the entire area of the food is insulated, but this area is only a minority of the pot, it is even initially allowed to be done.
According to the stringency of the Mahdurah Basra to not cover the top of a pot on Shabbos, may one cover the top of the pots that are sitting on a Blech before Shabbos? Yes.[37] However some Poskim[38] write that one should not do so. |
D. The status of an oven:[39]
There is no Hatmana prohibition involved in leaving food in a lit oven into Shabbos. This applies even if the oven is small and narrow.[40] [Regarding the Shehiyah retsirctions, and whether the oven needs an inner covering, and how much of the oven must be covered, see Chapter 2 Halacha 4C.]
E. The status of a crock pot:[41]
It is permitted to use a crock pot on Erev Shabbos, and it does not have the status of insulation which adds heat.[42] However, one must beware that when placing tinfoil on the walls of the crock pot that has more than one setting in order to be allowed to do Shehiyah/Kirah, then he may not place too much tinfoil which touches the walls of the chulent pot.
4. Insulating a food or pot that is on top of a stove top, blech, electric plate, oven, or hot pot:[43]
Any item that is properly insulated according to Halacha [as explained in Halacha C-D] is forbidden to be placed even before Shabbos on top of any item which contains a live heating source and continuously elevates and increases heat to the inside of the pot that is on top of it.[44] [Thus, one may not place an insulated pot on top of a stove, blech or electric plate even before Shabbos, if the fire or heating element is on. If, however, the heating element is off, then even if the surface is still hot, then it is permitted. Thus, one may place an insulated pot inside of a hot oven before Shabbos, if the oven has been turned off.]
May one place an insulated pot before Shabbos on top of a hot pot?[45] It is permitted before Shabbos to place a fully insulated pot of food on top of a hot pot that is off the fire, in order so it remain warm.[46]
Q&A According to the Michaber may one place a minute amount of insulation on the pot that is found on the fire, blech or electric plate?[47] Some Poskim[48] rule it is forbidden. Others[49] rule it is permitted. Practically, the custom of the Sephardim is to be lenient in this matter.[50]
May one on Erev Shabbos place an insulated pot onto a blech or an electric plate?[51] No.[52]
May one place a pot insulated with material that does not add heat inside of an oven that has been turned off, or an electric plate that is now off?[53] Yes, as since there is no more heat being added it has the same law as a Kirah which has had its coals removed from it.
May one on Erev Shabbos place an insulated pot on top of a pot which is on a flame or blech or electric plate?[54] No.[55] Thus, on Erev Shabbos one may not place a towel on top of the pots sitting on top of pots on the Blech if the towel will be touching majority of the side walls. It is a Mitzvah to publicize this matter.
May one on Erev Shabbos insulate food inside a hot pot of water that is off the fire? Yes, as since it is off the fire, it is no longer considered to add heat.
May one on Erev Shabbos, or on Shabbos, place food which is wrapped in tinfoil on top of a pot that is on a flame, Blech or electric plate?[56] If the wrapping is placed in order to guard the heat of the food, then it is forbidden to do so even before Shabbos.[57] If done in order so the food does not spill or fall or get dirty, then it is permitted to do so, although one must be careful to not wrap it more than needed for this purpose.[58] Thus one may not wrap his challah in tinfoil even on Erev Shabbos and place it on any source of heat, unless it is being wrapped to prevent it from getting dirty and the like.
May one on Shabbos place a pot cover over food that is resting on top of another pot that is on the fire?[59] If this is done in order to insulate the food and the pot cover touches the food, seemingly it is forbidden. Otherwise, it is allowed. It is permitted to turn over a pot of Kugel and place it on top of a pot which is on the fire. |
5. Insulating foods within another pot of food:
A. May one on Erev Shabbos enter food that is inside a small pot into a pot of food that is on the fire[60], such as to place a small kugel that is in a pot inside ones Chulent?[61]
No.[62]
B. May one on Erev Shabbos enter food that is wrapped with tin foil or plastic wrap into a pot of food that is on the fire[63], such as to place wrapped Kishkeh into ones Chulent?[64]
Some Poskim[65] rule it is forbidden to do so due to Hatmana Shemosif Hevel. Other Poskim[66] rule it is permitted ti do so and that so is the custom to be lenient. If one punctures holes into the foil or plastic, or the food is not fully wrapped in them, or the plastic is very thin and is able to absorb the food in the pot, then it is allowed according to all, as the food in the pot enters into the wrapped food.[67] Furthermore, if the food is not yet cooked, and its form of cooking is when it is submerged within the food then it is permitted according to all.[68] Thus it is permitted according to all to place raw wrapped Kishkeh into Chulent from before Shabbos.
C. If a food is wrapped within another food may it be placed into food in a pot that is on the fire according to the stringent opinions?[69]
Yes.[70]
6. The law if one transgressed and insulated before Shabbos in a prohibited way:[71]
If one transgressed and insulated a food before Shabbos in a prohibited way [as defined in the Halachos above], then the food is prohibited to be eaten until after Shabbos even if done inadvetantly [i.e. Beshogeg].[72] [In such a case, one should immediately remove the food from the insulation.[73]] This, however, is with exception to the following cases, in which case one may be lenient:[74]
- Food is at least half cooked: If the food was already cooked to the point of Ben Drusaiy[75], and certainly if it is fully cooked[76], and even more so if further cooking is detrimental to the owner and it is still warm[77], then the food is allowed to be eaten even if one transgressed and insulated in a forbidden way before Shabbos.[78]
- Raw meat:[79] If one added raw meat right before Shabbos to a pot that was insulated in a forbidden way, then one may be lenient to eat it on Shabbos.
- For next day:[80] If before Shabbos one insulated in a forbidden manner a food that he only plans to eat by the daytime of Shabbos, then one may be lenient to eat it on Shabbos. However, if this is a recurring matter, then one may not eat the food on Shabbos.[81]
Q&A If one transgressed and insulated food with a heating material is the food permitted immediately after Shabbos, or does one need to wait until enough time passes for it to heat up?[82] The food is forbidden until enough time has passed after Shabbos to be able to have heated it.[83] |
Summary:
One may insulate a pot of hot food before Shabbos and leave it on his counter. It is however forbidden even before Shabbos to wrap majority of the walls of a pot in a towel and the like and then place it on top of the Blech or other heating surface. However, one may place a towel on top of the cover of the pots even if it is on top of a heating surface, so long as the towel does not droop down and cover majority of its walls.
Final Compilation-May one wrap a towel around one’s pot, or water urn, before Shabbos, in order to help keep it warm?
It is Rabbinically forbidden for one to insulate before Shabbos a pot of food or liquid in a material that continuously increases heat.[84] This applies even if the food or liquid is fully cooked before Shabbos.[85] Accordingly, it is forbidden to wrap a pot of food, or a water urn, in a towel before Shabbos, and leave the pot or water urn on a source of heat, such as on a Blech or electric plate, or on top of pots that are found on a Blech or electric plate.[86] It goes without saying that one may not wrap an electric water urn in a towel before Shabbos. Many Poskim[87] rule, however, that this prohibition only applies if the towel is wrapped around the entire area of the pot [i.e. top and walls]. Other Poskim[88] however rule that if the towel is wrapped around even majority of the walls of the pot, it is forbidden, even if the top is left uncovered. Practically, one is to be stringent like the latter opinion, and not wrap a towel around the majority of the walls of a pot that is sitting on a source of heat, such as a Blech, or electric plate.[89] Likewise, one is not to wrap a towel around majority of the walls of an electric water Urn [i.e. Shabbos urn] or crockpot. However, one may rest a towel on top of the cover of the pot, so long as it does not droop down and cover majority of the pots walls. The above prohibition is only applicable when the pot is sitting on a source of heat, and thus gradually increases the heat of the pot. However, it is permitted to fully insulate a pot on Erev Shabbos, and completely wrap it in a towel, if it is not sitting on a source of heat.[90] Thus, one may wrap a pot of soup in towels and blankets if it will be left on one’s counter and not on the Blech.
Summary:
It is forbidden to wrap a pot of food or liquid in a towel before Shabbos, if the pot is sitting on a source of heat. This applies even if the pot is not fully wrapped in the towel, as so long as majority of the walls are insulated, it is forbidden.
Q&A If one transgressed and wrapped a pot or urn which is sitting on a source of heat, is the food permitted to be eaten? If the pot/urn was not fully wrapped in the towel, such as the top, or part of the walls [and not just the bottom] was left uncovered, then one may be lenient to eat the food on Shabbos.[91] If, however, one covered the entire top and walls [even if the bottom was left uncovered] then one may only be lenient in a pressing situation, if the food was already half cooked before Shabbos, and one does not repeat this mistake on a steady basis.[92] |
________________________________
[1] Admur 257:1
[2] Admur ibid “One who desires to remove a pot from on top of a Kirah and insulate it in order so it not become cold, it is forbidden for him to insulate it in a material which increases heat, even if one wants to do so from before Shabbos.”
The reason: The reason for this restriction is because it is a decree made due to that [if this were to be permitted] one may come to insulate the pot in ember, which is ashes which has coals mixed into it, and then afterwards on Shabbos one [may] forget and stoke the coals. [Admur ibid; Taz 253:1; M”A 253:3; M”B 253:5]
Other opinions: Some Poskim rule that the reason for why insulating on Erev Shabbos with Mosif Hevel is forbidden is because one may come to do so on Shabbos. [Rambam Hilchos Shabbos 4:2] See Kesef Mishneh ibid that explains the source of the Rambam from the above Gemara and how he interprets it differently.
[3] Michaber ibid
[4] Admur ibid; Michaber 257:7
Other Opinions in Admur by foods cooked to the point of Ben Drusaiy: [However] there are opinions [Rashbam brought in Tosafus 47b; Rama 257:7 in name of Yeish Omrim] which argue on this and say that even to insulate from before Shabbos in materials which add heat is permitted as long as the food has cooked to the point of the food of Ben Drusaiy [from before Shabbos] just as it is permitted to leave it on a Kirah which is not swept or covered, as explained in chapter 253. [2nd opinion in Admur ibid] The final ruling is that in a community that it is the custom to be lenient like this [latter] opinion, one should not protest against them doing so. However, this custom should not be followed in other places. [Admur ibid]
The reason: The reason for this is explained in the Mahadurah Basra to be that a person would rather have his food be hot and condensed even in a damaging way, then to be not condensed but cold, and thus the same suspicion applies here too.
The reason for why it is allowed to leave half cooked food over a fire from before Shabbos, but is not allowed to insulate a food with a material that increases heat: [The above scenario of insulation] is not similar to leaving a pot on a flame over Shabbos, which is permitted to be done when left on top of a Kirah that is not swept or covered, as long as the food has been cooked to the point of the food of Ben Drusaiy from before Shabbos, as usually insulation is done for the need of [food which will be eaten] the next day. As one insulates the food and covers it so it does not cool down by the next day, and therefore it requires to be stoked more [than food left on a flame], in order so the food not cool off over the entire night. However, by leaving food on a flame, usually this is done for the [food to be eaten by the] night meal, as one leaves the pot there without insulation, it therefore does not need that much to be stoked if the food has already cooked to the point of the food of Ben Drusaiy from before Shabbos. [Furthermore] even if one were to leave this food [on the flame until] tomorrow, there is [still] no suspicion that one will come to stoke the coals, as the little bit of stoking that can be done will not be of help for it to stay hot until the next day being that the pot is not insulated. However, when the pot is insulated, a little bit of stoking can help [it retain heat until the next day] and therefore we are worried that one may come to stoke the coals if the pot is insulated in ember. [Now although the above suspicion only applies to ember, being that it can be stoked, as opposed to other materials which add heat, nevertheless] the [Sages] decreed [against using] any material that increases heat because of [the suspicion involved with] ember. [Furthermore, this prohibition applies] even if one insulates [the pot] for the need of the night [meal], being that the Sages did not differentiate in their decree. [Admur ibid; M”A 257:16; M”B 257:7]
Why does this not constitute a Gzeira Legzeira: It is learned from a verse that the Sages may not make a decree upon a decree. [Rashi Beitza 2b] Decreeing against using all items that increase heat due to that one may come to insulate in ember constitutes a decree upon a decree. The following answers can be used to explain this matter: 1) If both decrees took place simultaneously it is permitted to make a decree upon a decree. [Beitza 3a] 2) It is permitted to make a decree upon a decree if the original decree will not be fulfilled without the second decree. [Tosafus Brachos 53a] 3) It is permitted to make a decree upon a decree when the original decree is due to a suspicion that involves the item to which the action is being done, such as insulating with items that add heat is forbidden because one may come to insulate with ember which can lead one to stoke the ember. Since the decree against ember involves stoking itself, therefore making a further decree against all material that adds heat is not defined as a decree upon a decree. [Tosafus Rid Shabbos 31a] 4) Any matter which is commonly transgressed the Sages may make a decree upon a decree. [Chacham Tzvi 75; Gra 252]
[5] Admur 257:1 “Based on the above reason it is forbidden to insulate even completely raw meat close to Shabbos”
The reason: As although it is allowed to leave it [over a fire] being that one will [anyways] not think about it until the next day, [and there is thus no suspicion that one may come to stoke the coals at night, and even the next day there is no suspicion] as the meat is able to [become fully] cooked throughout the entire night without stoking. Now [even if] the meat will be able to cool off afterwards [nevertheless there is no worry that one may come to stoke the coals to prevent this as] a little stoking will anyways not be effective [to keep it warm for the next day] since the meat is not insulated. However, when the meat is insulated, we are worried that perhaps one will stoke it after it is cooked in order to retain its heat, so that it not cool down, and for such a purpose [even] a little bit of stoking is effective. [Admur ibid]
Other Opinions in Admur: [However] there are opinions [Rashbam brought in Tosafus 47b; Rama 257:7 in name of Yeish Omrim] who argue on this and say that even to insulate from before Shabbos in materials which add heat is permitted as long as the food has cooked to the point of the food of Ben Drusaiy [from before Shabbos] or if [the meat] is completely raw literally right before Shabbos, just as it is permitted to leave it on a Kirah which is not swept or covered, as explained in chapter 253. [2nd opinion in Admur ibid] Practically, in a community that it is the custom to be lenient like this [latter] opinion, one is not to protests against them doing so. However, this custom should not be followed in other places. [Admur ibid]
[6] Admur 257:1; Rama 257:7
Other opinions in Admur: There are those [Shivlei Haleket 57; Rama 257:7 in name of Yeish Cholkin] who are even furthermore lenient that even if the food is not completely raw close to Shabbos, nevertheless, if one removes his mind from it until the next day [meaning he does not plan to eat it until Shabbos day], it is considered as if it is completely raw. It is thus permitted to insulate it before Shabbos [even with material that adds heat] for the use of the next day even though it has not yet reached the point of Ben Drusaiy [from before Shabbos]. [Opinion in Admur ibid] Practically, one may not [initially] rely on this opinion, unless it is already after the fact [in which case one may rely on them] as long as this does not occur on a regular basis. [Admur ibid]
[7] Piskeiy Teshuvos 253:5; See Admur 254:11; M”A 254:20; Machatzis Hashekel ibid; Shabbos Kehalacha 2 11:27 [p. 48-51
[8] See Shabbos Kehalacha 2 11:27 [p. 48-51]
[9] M”A 257:2 based on Rama 609:1
[10] Elya Raba; Levush; M”B 257:4; Shaareiy Tziyon 609:1; Piskeiy Teshuvos 257:5; See Shabbos Kehalacha 2 11:27 [p. 48-51]
Ruling of Admur: Admur omits the entire discussion of the M”A ibid and does not relate either way to the law of Motzei Shabbos. This implies that he does not hold of any prohibition involved. [Shabbos Kehalacha ibid p. 51]
[11] Admur 257:5
[12] Admur ibid “The following are materials which add heat [whether they are wet or dry]: Waste of olives and of sesame seeds [that is left] after their oil has been removed, and fertilizer and salt and lime and sand whether they are wet or dry [they add heat].” Admur 318:7 “Thus, it is forbidden to insulate [food] in them even from before Shabbos due to a decree [which was decreed because if this were to be allowed then] one may come to insulate with embers as explained in chapter 257 [Halacha 1].”
[13] Admur ibid “Straw and sediment, which is grape waste [that is left] after their wine have been removed, and Mochin, (which is a general term for any soft material such as cotton and strings [made] of soft wool of an animal, and the scrapes of worn out clothing) and herbs, when these four materials are moist [they add heat], even if they are wet with cold water which fell onto them.”; The Mishneh Berurah however learns that only if the following materials are wet from their own moisture, do they add heat. However, if they simply get wet, then they do not add heat.
[14] Admur 257:6 “However, all types of garments and fruits and feathers of all birds and thin residue of flax and sawdust of carpenters, and skins whether they have been processed or not processed, and the fleece of wool do not add heat in any situation.”
[15] This refers to the entire sheet of wool as it is when it is first cut from the animal, before pieces of it are broken off to process. [see Rashi Shabbos 48a.]
[16] Admur ibid “Ash which does not have coals mixed into them, even if it is hot, does not add heat. If one insulated a pot from before Shabbos in this ash, and on Shabbos one found mixed in it a few fiery coals surrounding [the pot] or underneath it, [nevertheless] the food is not forbidden after the fact, being that the insulation was done with a permissible material.”
[17] Admur 257:7 “It is permitted to insulate with stones, from before Shabbos, even though they add heat, as it is extremely uncommon to insulate with stones, being that they break the pot, or they ruin the food, and anything that is not common the sages did not decree against. However, something that at times is used to insulate in, even though it is not so common, [nevertheless] the Sages decreed not to insulate in it if it adds heat.”
Insulating with stones on Erev Shabbos which is Yom Tov: When Yom Tov falls out on Erev Shabbos, it is forbidden to insulate hot food for Shabbos with stones, as it is forbidden to gather stones on Yom Tov, as this is similar to [the prohibition against] building [on Shabbos and Yom Tov]. However if one has nothing else [available] to insulate with other than the stones, then it is permitted for him to insulate with them, as [by doing so] he is not making a permanent structure, but rather a temporary one, which is only Rabbinically forbidden to be done, and due to the [Mitzvah to] honor of Shabbos the Sages did not decree [in this situation, against using the stones to insulate], being that [in this case] it’s not possible for him to insulate in any other way. [Admur 259:6]
[18] Shabbos Kehalacha Vol. 2 page 26
[19] M”B 257
[20] This is permitted as only wet pieces of cloth add heat and not wet clothing.
[21] Shabbos Kehalacha Vol. 2 page 26
[22] Admur 257:10 “If the [pot was insulated] in a way that the clothing are not touching the pot, such as if one placed over the pot of food a wider pot which [is wide enough that it] does not touch the sides of the pot [with food] and one then placed the clothing on the [external] pot, in which case it ends up that there is no insulation involved here at all, not even with a material that does not add heat, then it is permitted to be done.”; Michaber 257:8
Placing an upside down pot over a hot pot on Shabbos: It is forbidden to place a vessel as a covering over a hot pot for the purpose of retaining its heat (if the pot is entirely insulated underneath the vessel), unless the vessel is wide enough to the point that its walls do not touch the sides of the pot, in which case there is no [prohibition of] insulation being done at all. [Admur 257:4] Based on the ruling of the Mahadura Basra 259 it is also necessary that the top of the pot does not touch the top of the lower pot. [Ketzos Hashulchan 71 footnote 38]
[23] The reason: The reason is because the Sages only prohibited insulating with material that adds heat because of a decree that [if this were to be allowed] one may come to insulate in embers. Therefore [insulating] is not prohibited unless it is done in a way similar [to insulating with] embers, [meaning that just like embers] is moveable and is attached to the walls of the pot [so too all insulation is only prohibited if it is moveable and attached to the walls of the pot]. [Thus, being that] the walls of an oven and its opening are not attached to the pot [therefore it is not prohibited to leave a pot inside from Erev Shabbos]. ([This applies] even if the oven is small and narrow, as it is not possible that there isn’t a little bit of air separating the [walls of the oven from the pot]). [Admur ibid]
[24] Shabbos Kehalacha Vol. 2 page 5
[25] Piskeiy Teshuvos 257 footnote 14; Orchos Shabbos 2:85; Ketzos Hashulchan 71 footnote 48 leaves the matter with a Tzaruch Iyun.
[26] The reason: Although he is not surrounding all the sides of each pot, nevertheless since he is doing a normal form of insulation, we therefore consider it as if all the pots together are one large pot and all the sides are hence covered over a heating material which is forbidden due to Mosif Hevel. [Ketzos Hashulchan ibid; Piskeiy Teshuvos ibid]
[27] Ketzos Hashulchan 71 footnote 48
[28] The reason: As nevertheless perhaps the Sages only forbade when the insulation is touching the sides of each individual pot and thus when there is more than one pot under the insulation it was never included in the decree. It is difficult to say otherwise as this would mean that the Sages differentiated in their decree of touching all sides between a single pot and more than one pot. [Ketzos Hashulchan ibid]
[29] Shabbos Kehalacha Vol. 2 page 21
[30] The proof: This Halacha here is going in continuation of the opinion of the Beis Yosef which holds like the Alter Rebbe in the Mahadurah Basra, and thus if according to him its allowed, then it is allowed also according to the Mahadurah Basra.
The reason: It is only problematic when one places material on top of a pot for the purpose of insulation, however when placed for another purpose, as is done here, that the upper pot is being placed in order to intervene between the towel and the lower pot, then it is allowed.
[31] See Shabbos Kehalacha Vol. 2 page 14-24; Piskeiy Teshuvos 257:11
Mahadurah Basra-Ruling that majority of walls is considered insulation: Implication of Admur in Mahadurah Basra 259 [In the Mahadurah Basra for chapter 259 the Alter Rebbe elaborates on the opinions who rule that by insulation which adds heat we do not take the top of the pot into account. Thus, possibly even if only majority of the walls are covered, it would be defined as forbidden insulation. This opinion of Admur in the Mahadurah Basra is not mentioned in Ketzos Hashulchan chapter 71]; Sefer Hayashar of Rabbeinu Tam 189; Chayeh Adam 4:22; M”B 257:43 in name of Chayeh Adam ibid; Keren Ledavid 77; Toras Shabbos 253:8; Shabbos Kehalacha Vol. 2 page 14-24; Piskeiy Teshuvos 257:11; Rav Shlomo Zalman Aurbach brought in Otzros Shabbos p. 515
Ruling of Rama and Shulchan Aruch Admur-Must be completely insulated: The definition of forbidden insulation is when the entire pot is fully covered with insulating material. [2nd opinion and final custom in Admur 253:10; 253:14; 257:4; 257:10; Kuntrus Achron 257:3; 259 Kitzur; Rama 253:1; M”A 257:18; M”B 257:69; 258:2; Shaar Hatziyon 258:9; Ketzos Hashulchan 71 footnote 29; See Piskeiy Teshuvos 257 footnote 5 and 257:11 footnote 82; Sheivet Haleivi ; In Rishonim: Or Zarua 2:8; Ravaya 197; Mordecha 299] Background: In 253:10 and 257 10 Admur defines insulation as fully covering the entire pot with insulating material. In his words “Even if burning coals surround and are attached to the walls of the pot, [nevertheless] this is not considered [the prohibition of] insulation being that the pot is open from the top, [meaning it has no coals surrounding its top].” Similarly, in the Kuntrus Achron here number 3 the Alter Rebbe reiterates and explains this ruling, that only if both the walls and the top [meaning the pot cover] is insulated with material is it considered insulation. This ruling is also repeated here in 257:4 and in the summary of the laws of insulation brought in Chapter 259, at the very end, and is the simple understanding in chapter 253 Halacha 14. [The Sheivet Haleivi rules like this opinion, and does not make mention of the Mahadurah Basra.]
Ruling of Michaber, and opinion in Admur-Hatmana Bemiktzas: The definition of forbidden insulation is even if only a minute area of the pot is covered by the insulation material. This is called Hatmana Bemiktzas. [1st opinion in Admur 253:10 and 257:10; Michaber 253:1; 257:8; Rabbeinu Chananel 37; Rashba 47b; Tur; Rosh; Peri Megadim 259 M”Z 3; Chazon Ish 37:19; See Shevisas Shabbos Hatmana 6] Admur ibid concludes like the former opinion
Ruling of Mishneh Berurah: It is unclear according to the Mishneh Berurah, whether he holds like the ruling of Admur in the Shulchan Aruch, that it must all be covered to be forbidden, or if he rules like the Mahadurah Basra of Admur that even insulating majority of the walls is not allowed. [Shabbos Kehalacha 2 p. 18; See M”B 257:69; 258:2; Shaar Hatziyon 258:9 which implies that the entire pot must be covered by the insulation material. However see M”B 257:43 in name of Chayeh Adam that implies if more than half of the walls are covered it is forbidden.]
[32] This is based on the Mahadurah Basra [and other Poskim who rule this way] where the Alter Rebbe brings up the possibility that this is the definition of insulation, and thus we rule Lechatchilah to be stringent like this opinion.
[33] By the insulation, however it may have its pot cover on it.
[34] This is based on the ruling of Admur in his Shulchan Aruch and that of the other Poskim ibid who rule that it is not defined as insulation unless it is completely wrapped in it.
[35] As rules Admur 253:10; 253:14; 257:4; 257:10 that the main opinion is like the Rama ibid, unlike the Michaber ibid, that Hatmana Bemiktzas is not Hatmana
Regarding if one may initially insulate the pot in a way that the entire bottom area of the walls is visibly uncovered: Rav Shlomo Zalman Aurbach permits this form of insulation, even if majority of the pot is covered by its upper side. However, Rav Farkash doubts whether one may initially rely on this ruling being that it has not been brought in any of the previous Poskim.
[36] Shabbos Kehalacha Vol. 2 page 18; Piskeiy Teshuvos 257 footnote 5 and footnote 83
Other opinions: Some Poskim rule that we follow the food and not the pot. [Igros Moshe 4:74-4]
[37] See Ketzos Hashulchan who only records the stringency regarding Hatmana on Shabbos
[38] See Piskeiy Teshuvos 257 footnote 89
[39] 2nd opinion and final ruling in Admur 257:10; Rama 253:1; M”A 257:18; In Rishonim: Or Zarua 2:8; Ravaya 197; Mordechai 299
[40] The reason: It was not forbidden to insulate on something which increases heat unless one attaches a moveable item around the pot, and the pot is thus completely insulated within that item. However, by an oven, even though 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, this is not considered [the prohibition of] insulating, for the reason to be explained. Their reasoning is because the Sages only prohibited insulating with material that adds heat because of a decree that [if this were to be allowed then] one may come to insulate in embers. Therefore [insulating] is not prohibited unless it is done in a way similar [to insulating with] embers, [meaning that just like ember] is moveable and is attached to the walls of the pot [so too all insulation is only prohibited if it is moveable and attached to the walls of the pot]. [Thus, being that] the walls of the oven and its opening are not attached to the pot [therefore it is not prohibited to be done]. ([This applies] even if the oven is small and narrow, as it is not possible that there isn’t a small amount of air separating the [walls of the oven from the pot]) [Admur ibid]
[41] Shaar Hatziyon 257:43; Shevet Halevi 9:52-53; Shabbos Kehalacha Vol. 2 page 45-47; Piskeiy Teshuvos 257:13
Other opinions: Some Poskim rule it is forbidden to use a Crock Pot on Erev Shabbos being it is considered Hatmana Shemosif Hevel. [Rav Shlomo Zalman Aurbach in Minchas Shlomo 2:34-5; See Piskeiy Teshuvos 257 footnote 95]
[42] The reason: As even though its pot is completely surrounded by the heating frame of the crock pot, nevertheless the frame does not actually touch the pot, being that there is always some space left between the two, and insulation is only prohibited when it touches the pot. Rav Shlomo Zalman however says that since this is the way of cooking with this machine even during the week, therefore the space in between is irrelevant and it is forbidden.
[43] Admur 257:10 “A pot which has been insulated with Mochin or other materials which do not add heat, is forbidden to be placed before Shabbos on top of olive waste, as olive waste elevates the heat above them into the Mochin, and the Mochin then adds heat into the pot, which is insulated within it, and thus it is just like insulating with material that adds heat. However, it is permitted to place it on sesame seed waste, as they do not elevate the heat above them. Similarly, it is permitted to place it into the Kirah that it was cooked in, and insulate it there with material that does not add heat. Now, even though that the surface of the Kirah which the pot is standing on is very hot, nevertheless since the heat of the Kirah is not from it itself, but from the fire [that is in it], and [thus] as time passes it gets colder, [therefore] it is not considered something that adds heat, and is not similar to olive waste and the like which add heat from their own very substance. [Admur ibid; M”A 257:18; M”B 257:43 in name of M”A ibid; Shaar Hatziyon 257:41] Nevertheless [in order to be allowed to do this], the Kirah must be swept of its coals. However, if there are coals in it, then even if they have dimmed, it is [nevertheless] forbidden to insulate in it a pot with clothing, or the like which do not add heat, even if it does not touch the coals at all, such as if it is sitting on a metal grid, or is sitting on top of stones. [Admur ibid; Michaber 257:8]
Other opinions: Some Poskim rule that if the element is still hot then it is forbidden due to Hatmana Shemosif Hevel even if it was turned off. [Rosh; M”B ibid]
[44] The reason: The reason for this restriction is because even though the clothing do not add heat due to themselves, nevertheless, due to the coals underneath them which elevate the heat, the clothes add heat to the pot, and the pot is thus [considered] insulated in a material that adds heat. [Admur ibid]
[45] Admur 258:1 “It is permitted to insulate, [a pot, with material that does not add heat,] before Shabbos, whether [the food in the pot is] hot or cold food, [and to then place it] on top of a hot pot [that is not on the fire].”; Elya Raba; Atzei Shitim; M”B in Shaar Hatziyon 258:6; Piskeiy Teshuvos 258:2
Other Opinions: Some Poskim rule it is forbidden to do so due to Hatmana Shemosif Hevel. [Taz 258:1; P”M 258 M”Z 1; 259 M”Z 3] Admur negates this opinion of the Taz. [Kuntrus Achron 257:3; Mahadurah Basra 259]
[46] The reason: This is not considered like one is insulating on top of something that adds heat, which is forbidden to do even from before Shabbos, being that the hot pot is not considered to be adding heat, being that its heat is diminishing as time goes by. [Admur ibid]
[47] Piskeiy Teshuvos 257:11; Shabbos Kehalacha 2 p. 19 and p. 34; Or Letziyon 2:17-10
[48] Piskeiy Teshuvos ibid; Shabbos Kehalacha ibid p. 34 based on Beis Yosef; Chut Shani 28:4 based on Chazon Ish
[49] Ketzos Hashulchan 71 footnote 29; Or Letziyon ibid
[50] Mahram Ben Chaviv; Eretz Chaim 257; Birkeiy Yosef 273; Zechur Leyitzchak 74; Or Letziyon ibid; Yabia Omer 6:33; Yalkut Yosef 3
[51] Shabbos Kehalacha pages 28-30; Piskeiy Teshuvos 257:1 and 11
[52] The reason: as the heat of the blech and pot consider this to be insulating with an item that adds heat, as the heat is continuously added, just like is the law by a Kirah which did not have its coals removed.
[53] Shabbos Kehalacha Vol. 2 page 39-40 based on Admur ibid; M”A 257:18; M”B 257:43 in name of M”A ibid; Shaar Hatziyon 257:41
Other opinions: Some Poskim rule that even in such a case it is forbidden due to Hatmana Shemosif Hevel. [Rosh; M”B ibid]
[54] Implication of Admur 258:1 and Kuntrus Achron 1; Peri Megadim 258 A”A 1; Tosefes Shabbos; Machatzis Hashekel; Menorah Hatehora; Avnei Nezer Choshen Mishpat 106; Mishnah Berurah in Biur Halacha 258 “Mutar” and Shaar Hatziyon 258:6; Igros Moshe 4:74-3; Shabbos Kehalacha pages 31-32; Piskeiy Teshuvos 258:4
Other opinions: Some Poskim rule it is permitted even in such a case and is not considered Mosif Hevel. [Tehila Lidavid 257:8-9; 258]
[55] The reason: In such a case it is forbidden to insulate the upper pot with any material, just like it is forbidden to insulate a pot when placed in a Kirah that has not been swept of its coals. So rules the Peri Megadim and the Avnei Nezer and the Mishnah Berurah, and the Igros Moshe. Unlike the ruling of the Tehila Lidavid
[56] Shabbos Kehalacha Vol. 2 page 41; Piskeiy Teshuvos 258:4
[57] Igros Moshe 4:74 Hatmana 3; Rav Shlomo Zalman Aurbach brought in Shabbos Kehalacha ibid; See Mahdurah Basra 259; Pnei Shabbos 12
[58] Rav Shlomo Zalman brought in Shabbos Kehalacha ibid; Maor Hashabbos 1:9; Koveitz Mibeis Levi 6:36; However, see Igros Moshe ibid from which it can be learned that even in this situation it is prohibited.
[59] See Shabbos Kehalacha Vol. 2 page 41-42
[60] However, if not on the fire then according to all it is allowed.
[61] Aruch Hashulchan 258:3; Minchas Yitzchak 8:17; Even Yisrael 8:18; Shabbos Kehalacha Vol. 2 page 37; Piskeiy Teshuvos 258:3; based on previous Q&A; See M”B 258:2 regarding Shabbos and Shaar Hatziyon 258:6 regarding Erev Shabbos
Other opinions: Some Poskim rule it is permitted to do so. [Chazon Ish 37:32] The Minchas Yitzchak ibid negates his opinion frokm Halacha.
[62] The reason: As the food that surrounds the wrapped food insulates it, and since the food is on the fire it is exactly like one is insulating with material that is adding heat which is forbidden to be done even on Erev Shabbos. [ibid]
[63] However, if it is not on the fire then according to all it is allowed.
[64] Shabbos Kehalacha Vol. 2 page 37-39; Piskeiy Teshuvos 258:3l; To note that this question has already been hinted to in the Halacha in which Admur rules that one may pour water into the hot springs but may not submerge them within a container. Thus, in essence the question here is with regards to if we consider the wrapped food to mix and be one with the food that it is submerged in or not.
[65] Minchas Yitzchak 8:17; Kinyan Torah 4:24; Shevet Halevi 3:47; SSH”K 42:63; See Netivos Adam 1:8
[66] Rav SZ”A in Tikkunim for SSH”K ibid; Vayeishev Moshe 1:20; Nesivos Adam ibid; Maor Hashabbos 2:24; Imrei Avarham 15; Or Letziyon 2:17-13; Sheraga Hameir 4:63; 6:141; Az Nidbaru 6:78; Lehoros Nasan 7:12
[67] Shabbos Kehalacha ibid; Piskeiy Teshuvos ibid; Maor Hashabbos ibid
[68] Minchas Yitzchak ibid
[69] Piskeiy Teshuvos 258:3; See Admur in Mahdurah Basra 259; Migdanos Eliyahu 1:79
[70] Doing so is permitted according to all opinions as it is all considered one food.
[71] See Admur 257:1; Shabbos Kehalacha Vol. 2 pages 12-15
[72] Admur ibid “If one transgressed and insulated [in material which increases heat], even [if this was done] inadvertently [without prior knowledge of the prohibition], [nevertheless] the food is forbidden both to him and to others until after Shabbos.”
[73] Shabbos Kehalacha Vol. 2 page 7
[74] All the below mentioned scenarios are disputed if allowed to be done even initially as explained in Halacha 1, and thus we are lenient after the fact to not prohibit the food on Shabbos [and at times this leniency is only in pressing situation, as explained below]. To note, however, that according to the Michaber the food is forbidden even in the below cases with exception to the case that the food was fully cooked and Mitztamek Vera Lo and hot.
[75] See 2nd opinion in Admur 257:1 who permits insulating Ben Derusaiy foods; Chayeh Adam; Mishneh Berurah; See Shabbos Kehalacha Vol. 2 pages 12-15
Is it allowed even in a non-pressing situation: If one insulated food which has is not fully cooked, but is cooked to the point of Ben Drusaiy, then some Poskim rule that this is only allowed to be eaten on Shabbos if it is a pressing situation. [Chayeh Adam; Mishneh Berurah; Rav Farkash; See Shabbos Kehalacha Vol. 2 pages 12-15] Other Poskim, however, learn that according to Admur it is permitted to eat it even in a non-pressing situation, so long as the food was cooked to the point of Ben Drusaiy. [Kitzur Halachos Shulchan Aruch Admur 257:7 footnote 16; Simple implication of Admur in 257:1 which seems to include Ben Drusaiy foods in the Bedieved leniency. As well it follows the rule in 253:24 that by all cases of dispute we are lenient Bedieved]
The opinion of the Alter Rebbe: The original ruling which prohibits the insulated food follows the ruling of the Michaber, the first opinion mentioned in Halacha 1 above, that it is forbidden to insulate foods even if they are fully cooked. However according to the other opinions mentioned above, foods which are cooked until Ben Drusaiy may even be initially insulated before Shabbos. Now, Admur in his final ruling does not make clear mention regarding the law if one went ahead and insulated food cooked to the point of Ben Drusaiy, or food which had raw meat placed in it right before Shabbos. Furthermore, Admur completely omitted the ruling of the Rama to be lenient Bedieved, and only brought that there are some people who are accustomed to do so initially, and did not go into at all what is the law if Bedieved it was done. However, on the other hand, it seems that it is included in the latter ruling regarding food insulated for the next day, that Bedieved one may be lenient, as the wording there is “There are those who are even furthermore lenient…” implying that if even in this case we are lenient after the fact, then certainly in the previous case. However nevertheless, one cannot innovate a Halacha based on these inferences, and thus one should not allow it to be eaten unless there is a pressing situation, in which case there are many Poskim which permit it. [Now, although in 253:24-25 Admur rules that after the fact we only prohibit food if a prohibition was done according to all opinions, and thus here too since this matter is a dispute it should be permitted Bedieved according to Admur. Nevertheless, this can not necessarily be used here as a proof as a) Despite this law that in case of dispute Bedieved we are lenient, we find that Admur himself rules at times to be stringent even Bedieved. [see 318:9]; b) Admur himself limited his ruling regarding food designated for the next day that one may only be lenient Bedieved if it is not occur often, thus showing that he does not take the previous mentioned rule into account in this case of dispute.] The above is all in accordance to the opinion of Rav Farkash in Shabbos Kehalacha. For other opinions in Admur see Kitzur Halachos Shulchan Aruch Admur 257:7 footnote 16.
[76] If the food is fully cooked, then one may be lenient to eat it on Shabbos even in a non-pressing situation. If the food was fully cooked before Shabbos, even if further condensing is good for it, then if the insulation was done by mistake or due to lack of knowledge of the prohibition, one may be lenient to eat it on Shabbos. [The Rama clearly rules that when insulated Beshogeg it is permitted, however the Magen Avraham limits this to only of the food has been fully cooked. While the Taz argues completely on the Rama and says that it is always forbidden. The M”B rules like the Rama in this, however argues on the Magen Avraham, as will be brought in the next note.]
[77] Admur ibid “[However, this only applies] in a case that the added heat to the food made it condense in a way beneficial to it, or if the food was cold and got heated through this insulation. However, if it remained the same temperature as it was originally, and it’s a food [which has been cooked to the point] that further cooking will cause it to condense in a way detrimental to it, then it is permitted [to be eaten on Shabbos], being that there is no benefit being gained from having done the prohibition.”
[78] If on Erev Shabbos one insulated the food with a material that adds heat, but the food had been cooked to the extent that further condensing is damaging for it and the food did not become hotter, but rather retained its temperature, then it may be eaten on Shabbos according to all opinions [meaning even according to the Michaber], as there is no benefit gained from the prohibition. However, if the food is not fully cooked then according to the Michaber it is not allowed on Shabbos.
[79] See 2nd opinion in Admur 257:1 who permits insulating raw meat right before Shabbos; According to Rav Farkash, this is only allowed to be eaten if it is a pressing situation; See previous footnote regarding ben Drusaiy for the full analysis on this subject!
[80] See 2nd opinion in Admur 257:1 who permits insulating foods meant to be eaten by daytime of Shabbos, and Admur there concludes “One may not [initially] rely on the latter opinion [who rules that food designated for the next day may be insulated before Shabbos with material that adds heat], unless it is already after the fact [in which case one may rely on them] as long as this does not occur on a regular basis.”
[81] How many times is considered a regular basis? This needs further analysis. Although we do find by Eiruv Tavshilin, and by the laws of Shechitah, that if one had already done so one time in the past, then the second time it occurs he is considered negligent and is treated stringently. However, it requires further proof to apply that definition towards here as well. [Shabbos Kehalacha Vol. 2 pages 11; See Piskeiy Teshuvos 527:8]
[82] Shabbos Kehalacha Vol. 2 pages 9-10
[83] The Ketzos Hashulchan adds in parentheses that the food is forbidden until enough time has passed after Shabbos to be able to have heated it. However seemingly this only applies if one insulated food before Shabbos. However, if one insulated food on Shabbos, then it would be permitted immediately after Shabbos, based on the rule explained in chapter 318 regarding this. [Seemingly this is the reason that the Alter Rebbe did not write that it is forbidden until enough time has passed after Shabbos, being that he wanted to state the Halacha in accordance to all scenarios.]
[84] Admur 257:1; Michaber 257:1; Shabbos 34b
The reason: This restriction is due to a decree that [if this were to be permitted] one may come to insulate the pot in ember, which is ashes which has coals mixed into it, and then afterwards on Shabbos one [may] forget and stoke the coals. [Admur ibid; Taz 253/1; M”A 253/3; M”B 253/5] Alternatively, some Poskim rule that the reason why insulating on Erev Shabbos with Mosif Hevel is forbidden is because one may come to do so on Shabbos. [Rambam Hilchos Shabbos 4/2] See Kesef Mishneh ibid that explains the source of the Rambam from the above Gemara and how he interprets it differently.
[85] Admur ibid; Michaber 257/7
The reason for why it is allowed to leave half cooked food over a fire from before Shabbos, but is not allowed to insulate a food with a material that increases heat: [The above scenario of insulation] is not similar to leaving a pot on a flame over Shabbos, which is permitted to be done when left on top of a Kirah that is not swept or covered, as long as the food has been cooked to the point of the food of Ben Drusaiy from before Shabbos, as usually insulation is done for the need of [food which will be eaten] the next day. As one insulates the food and covers it so it not cool down by the next day, and therefore it requires to be stoked more [than food left on a flame], in order so the food not cool off over the entire night. However, by leaving food on a flame, usually this is done for the [food to be eaten by the] night meal, as one leaves the pot there without insulation[85], it therefore does not need that much to be stoked if the food has already cooked to the point of the food of Ben Drusaiy from before Shabbos. [Furthermore] even if one were to leave this food [on the flame until] tomorrow, there is [still] no suspicion that one will come to stoke the coals, as the little bit of stoking that can be done will not be of help for it to stay hot until the next day being that the pot is not insulated. However, when the pot is insulated, a little bit of stoking can help [it retains heat until the next day] and therefore we are worried that one may come to stoke the coals if the pot is insulated in ember. [Now although the above suspicion only applies to ember, being that it can be stoked, as opposed to other materials which add heat, nevertheless] the [Sages] decreed [against using] any material that increases heat because of [the suspicion involved with] ember. [Furthermore, this prohibition applies] even if one insulates [the pot] for the need of the night [meal], being that the Sages did not differentiate in their decree” [Admur ibid; M”A 257/16; M”B 257/7]
Other Opinions by foods cooked to the point of Ben Drusaiy: There are opinions which argue on this and say that even to insulate from before Shabbos in materials which add heat is permitted as long as the food has cooked to the point of the food of Ben Drusaiy [from before Shabbos] just as it is permitted to leave it on a Kirah which is not swept or covered, as explained in chapter 253. [2nd opinion in Admur ibid; Rashbam brought in Tosafus 47b; Rama 257:7 in name of Yeish Omrim]
The Final Ruling: In a community that it is the custom to be lenient like this [latter] opinion, one should not protest against them doing so. However, this custom should not be followed in other places.
[86] Admur 257:10; Michaber 257:8; M”A 257:18; M”B 257:43 in name of M”A ibid; Shaar Hatziyon 257:41
[87] Admur 253:10; 253:14; 257:4; 257:10; Kuntrus Achron 257:3; 259 Kitzur; Rama 253:1; M”A 257:18; M”B 257:69; 258:2; Shaar Hatziyon 258:9; Ketzos Hashulchan 71 footnote 29; See Piskeiy Teshuvos 257 footnote 5 and 257:11 footnote 82; Sheivet Haleivi ; In Rishonim: Or Zarua 2:8; Ravaya 197; Mordechai 299
Background: In 253:10 and 257:10 Admur defines insulation as fully covering the entire pot with insulating material. In his words “Even if burning coals surround and are attached to the walls of the pot, [nevertheless] this is not considered [the prohibition of] insulation being that the pot is open from the top, [meaning it has no coals surrounding its top].” Similarly, in the Kuntrus Achron here number 3 the Alter Rebbe reiterates and explains this ruling, that only if both the walls and the top [meaning the pot cover] is insulated with material is it considered insulation. This ruling is also repeated here in 257:4 and in the summary of the laws of insulation brought in Chapter 259, at the very end, and is the simple understanding in chapter 253 Halacha 14. [The Sheivet Haleivi rules like this opinion, and does not make mention of the Mahadurah Basra.]
[88] Mahadurah Basra 259; Sefer Hayashar of Rabbeinu Tam 189; Chayeh Adam 4:22; M”B 257:43 in name of Chayeh Adam ibid; Keren Ledavid 77; Toras Shabbos 253:8; Shabbos Kehalacha Vol. 2 page 14-24; Piskeiy Teshuvos 257:11; Rav Shlomo Zalman Aurbach brought in Otzros Shabbos p. 515
Background: In the Mahadurah Basra for chapter 259 the Alter Rebbe elaborates on the opinions which rule that by insulation which adds heat we do not take the top of the pot into account. Thus, possibly even if only majority of the walls are covered, it would be considered insulation. This opinion of Admur in the Mahadurah Basra is not mentioned in Ketzos Hashulchan chapter 71
Ruling of Mishneh Berurah: It is unclear according to the Mishneh Berurah, whether he holds like the ruling of Admur in the Shulchan Aruch, that it must all be covered to be forbidden, or if he rules like the Mahadurah Basra of Admur that even insulating majority of the walls is not allowed. [Shabbos Kehalacha 2 p. 18; See M”B 257:69; 258:2; Shaar Hatziyon 258:9 which implies that the entire pot must be covered by the insulation material. However see M”B 257:43 in anme of Chayeh Adam that implies if more than half of the walls are covered it is forbidden.]
[89] Poskim ibid, in suspicion of Admur in the Mahadurah Basra and the Poskim who rule this way
[90] Admur ibid; Michaber 257:7
[91] See Admur 253:24-25 that after the fact we only prohibit food if a prohibition was done according to all opinions, and thus here too since this matter is a dispute it should be permitted Bedieved according to Admur.
[92] See Admur 257:1; Shabbos Kehalacha Vol. 2 pages 12-15; Kitzur Halachos Shulchan Aruch Admur 257:7 footnote 16
Leave A Comment?
You must be logged in to post a comment.