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The Israel Koschitzky Virtual Beit
Midrash
The Laws of Shabbat Yeshivat Har Etzion
Shiur #19: Shehiya – Part 3
The Definition of Garuf Ve-katum, and Contemporary
Application
By HaRav Baruch Gigi
Translated by David Silverberg
Defining
Garuf
The Yerushalmi (Shabbat 3:1) states: "One who clears [away the coals from
a stove] must clear entirely, since it is taught: 'One who clears must remove
with his hand[1]'; thus it emerges that he must clear entirely." The Rishonim deduce from the
Yerushalmi that all the coals must be removed for the stove to be considered
garuf to allow shehiya.
However, as we will see later, the Rishonim who define
garuf differently explain the Yerushalmi in accordance with their
view.
The Mishnayot distinguish between shehiya over a stove,
which is wide and has space for two pots, and shehiya in an oven, which
has a narrow opening and retains its heat more effectively. Many Rishonim maintain that
shehiya is forbidden in an oven even after it has been cleared of its
coals. But this ruling seems
difficult to understand; if the coals are removed, we obviously have no reason
for concern that one might stir the coals, and shehiya should therefore
be permissible.
Due to this question, the Ba'al Ha-ma'or, in the beginning of this
chapter, explains that garuf means sweeping all the coals to one side of
the stove or oven. It is regarding
such a case that the Gemara distinguishes between a stove and an oven,
forbidding shehiya in an oven.
But if one removes the coals entirely, then shehiya is allowed
even in an oven. The Ba'al
Ha-ma'or writes:
Similarly, if one
cleared all the coals and took them away, then regarding both ovens and
stoves it is permissible to leave [before Shabbat] and return [on Shabbat]
any item, for there is no concern for stirring the coals. And that which is stated in the Mishna,
"until he clears," it refers to clearing the coals to one side, in which case
the decree [regarding the concern that] one might come to stir is diminished,
for he has demonstrated his intention that he is not interested in them… There
is concern for them in an oven. But
if one cleared everything from an oven and moved it away, and nothing remains,
what remains for us to be concerned of?
Most
Rishonim, however, did not follow this interpretation, and accepted the
straightforward implication that "clearing" means moving away all the
coals. They therefore had to devise
other ways of explaining why shehiya is forbidden in an oven that has
been cleared.
The Rambam explained (Hilkhot Shabbat 3:6):
Why did
they [the Sages] forbid leaving [food before Shabbat] in an oven, even if it had
been cleared [of its coals]?
Because one who clears [the coals] clears only the majority of the fire
and its essence, and it is impossible to clear all the fire such that not even a
single spark remains[2], and since its air is hot, one might stir in order to
kindle the remaining sparks in the oven.
The Rashba,
however, explained differently:
It is
correct to say that we require that actually be cleared[3], but in an oven,
since it has abundant and hot air, it does not appear cleared, but rather like
coals are there, and one may come to leave [food before Shabbat] or return [food
on Shabbat] on a stove that is not cleared, and he will come to stir. Alternatively, he might come to leave
[food before Shabbat] or return [food on Shabbat] on an actual oven that is not
cleared.
The obvious
difficulty with the Rashba's approach is that we have a rabbinic decree
forbidding shehiya in an oven as a safeguard against shehiya in a
stove, which is itself forbidden only as a safeguard against stirring the
coals.[4]
According to most Rishonim, then, one must actually remove all the
coals from the stove, whereas the Ba'al Ha-ma'or held that it suffices to
move them to the side, such that they are not underneath the pot. The majority view felt that
shehiya is permitted once there is no longer any possibility of stirring;
according to the Ba'al Ha-ma'or, shehiya is allowed when the
individual demonstratively expresses the fact that he has no need for the coals
by moving them to the side. Once he
expresses his disinterest in the coals, it is unlikely that he will come to stir
them, and Chazal therefore did not forbid shehiya in such a
case.[5]
Defining
Katum
The Yerushalmi, in the aforementioned passage, states, "And one who
covers [the stove] must cover it entirely; but from what is taught: 'He has
hatchelled flax blaze over it,' it emerges that even if one did not cover it
entirely [it suffices]." The
Yerushalmi thus concludes that one need not cover the stove entirely. This is also the implication of the
Bavli (37a): "Coals that have faded, upon which one placed thin
hatchelled flax – this is considered covered."
The question naturally arises why Chazal were more stringent
regarding garuf, and required that the coals be cleared away entirely,
than with regard to katum, where they allowed even a partial
covering. The Ran (to the Rif 15b
s.v. ad) explained, "Because when it comes to clearing, if one cleared
part of the coals and left a few of them, there is no indication in those that
remain; but once one places ashes over all the coals, he has made an indication
in all of them." This explanation
works well for the view of the Ran, who follows the Ba'al Ha-ma'or's
understanding of the requirement of garuf, as serving as a heker –
a visible indication that the coals may not be stirred. But according to the majority view among
the Rishonim, that garuf means clearing away all the coals, we
must explain that the halakha allowing shehiya after clearing the
coals differs fundamentally from that which allows shehiya after covering
the coals. We find among the
Rishonim different approaches in explaining the concept of
katum. The Ramban
writes:
The
reason is that one who completely mixes ashes and fire diverts his thoughts away
from stirring the fire; he has already ruined it and diverted his thoughts from
it. But one who clears [the coals]
– if even a small coal remains there, since it is glowing, it can light and
kindle an entire stove.
In the
Ramban's view, diverting one's thoughts from stirring suffices only if one ruins
the fire; performing a demonstrative act to the fire is not enough. Therefore, one must clear away all the
coals. When it comes to covering,
one need not cover the entire stove; it suffices to mix ashes with fire in order
to ruin it, which constitutes a meaningful expression of the diversion of his
thoughts from stirring. From the
Rashba, however, it appears that he views hesech ha-da'at (diversion of
one's thoughts) as requiring an outward demonstration of the fact that the
individual no longer has any interest in raising the fire: "For since he dimmed
it and did not bother to kindle them, it is evidently clear that he does not
care to stir it."
The Rambam also speaks of hesech ha-da'at, but he focuses on the
person's thoughts of the food, rather than of the fire, as we saw in the
Ramban and Rashba, each in his own direction. The Rambam writes (Hilkhot Shabbat
3:4):
Therefore, if one cleared
away the fire or covered the fire of the stove with ashes or thin, hatchelled
flax, or if the coals faded, in which case they are like covered with ashes, or
if one kindled it [the stove] with straw, rakings or the dung of small cattle,
such that there are no burning coals, it is permissible to leave [food] on it
[before Shabbat], since he diverted his attention from this food and they
[the Sages] did not decree lest he stir the fire.
He seems to
mean that the individual has despaired from eating the food in its optimum form,
and has resigned himself to eating it in its present state.[6] This despair results from the condition
of the fire, which has no burning coals, either because they have been cleared
away or because they naturally began to die; therefore, the individual loses
hope of furthering the cooking of this food.
As mentioned above, the Ran held that the central point is the
heker – the external indication a person makes on the coals so that
should he approach the coals to stir them, he will see the fire, remember that
it is Shabbat, and refrain from stirring.
The Ramakh takes a similar approach, as cited by the Kesef
Mishneh.
According to the Ran's view, that to allow for shehiya we require
a reminder to the individual so that he will not stir the coals, it is clear why
he allows merely moving the coals to the side away from the pot, as one thereby
creates a reminder for himself. But
according to the other Rishonim, who require hesech ha-da'at, one
must remove all the coals from the stove.
Their dispute as to whether the concern arises in an oven perhaps hinges
on this point, as well.
According to the Rambam, shehiya is permitted if one diverts his
thoughts from the food, and therefore it is forbidden in an oven, because the
heat is intense and one's mind thus remains on the food. But according to the Ramban, that the
individual's thoughts must be diverted from the fire, this is accomplished even
in an oven through clearing or covering the coals. Chazal forbade shehiya in
an oven for an entirely different reason, namely, that one may then leave food
in a stove that has not been cleared or covered, as we cited earlier from the
Rashba. It is also possible,
however, that all agree that in an oven one's mind is distracted from neither
the fire nor the food, and the Rishonim disagree with regard to the
factual question of whether there is what to stir after the coals have been
cleared.
Shehiya
Nowadays
Rav Moshe Feinstein (Iggerot Moshe, O.C. 93) addresses the
possibility that the entire prohibition of shehiya might be inapplicable
in modern times:
Now
there is good reason to claim that the enactment [of shehiya] does not
apply at all in our gas ovens [= stoves], for we see that they enacted [this
prohibition] only out of concern that one might stir, and not out of concern
that one might bring more wood when the fire extinguishes...perhaps because they
enacted only [out of concern] that one will stir with his mouth [by blowing],
which people look upon lightly and do not consider an action as they look upon
doing it by hand. If so, then
regarding gas ovens, given that stirring does not apply to the gas, for it is
already there, only if one wishes to raise the fire he must add more gas, which
he does by further turning the holes of the pipe from which the gas comes, it is
thus like bringing other wood for which they did not decree, for they were not
concerned that one will perform an action with his hands. And even if we say that the reason why
they did not decree lest one bring wood and straw is because generally it is not
situated near the stove, and thus in gas ovens, where it is a simple matter to
open further the holes of the pipe to bring more gas, there is reason to decree,
nevertheless, since in any event they did not enact even with regard to wood and
straw situated near the stove, therefore, even regarding gas, it is not included
under the decree despite the fact that now it is done in such a way that it is
always nearby…and we cannot introduce new prohibitions.
In spite of
this argument, Rav Moshe did not rely on it to permit shehiya
altogether. It seems to me that
Chazal enacted a prohibition against leaving a pot over the fire in such
a way that one might increase the strength of the fire either due to
forgetfulness, or out of a momentary decision (resulting from human
weakness). They therefore were not
concerned that one might bring wood from elsewhere. Our gas stoves, then, would, indeed, be
included under the initial prohibition.
One might, however, question the decree's applicability for a different
reason. Chazal perhaps
forbade shehiya only over an unstable fire, such as coals, which at times
burns very well and at others begins to fade and thus requires
reinforcement. The fire in gas or
electric stoves, however, is steady and stable, and a person can set the desired
strength of the flame from the outset, and hence there is no concern for
stirring. The Bei'ur Halakha
(253, s.v. afilu) raises a similar notion:
There
is room to ask: The Talmud and authorities employ the formulation, "he kindled
it with straw and rakings," which implies that this occurred after the
kindling. For this reason it is
forbidden with [a stove kindled with] wood, because they leave behind coals and
there is the concern that one might stir, whereas straw and rakings do not leave
behind coals. Accordingly, it is
possible that if one places a lot of straw, that burns for an extended period of
time, it might be forbidden to leave [food on the fire before Shabbat] at least
while it burns. Or, perhaps the
Talmud simply employed conventional terminology, for it was their practice to
place the pot [on the stove] after kindling [the stove], but this would apply as
well to the time when it burns – this would also be permitted. And the reason would be that at the
time when it burns there is in any event no concern for stirring, for why would
one stir if it still burns? There
is no reason to burn except once it extinguished. It informs us that with straw, once it
is extinguished, stirring it is of no avail for the coal has also been consumed,
whereas with peat or wood this is always forbidden, since one might come to stir
the coals after the fire is extinguished.
This requires further study.
In practice, however, it would seem that one cannot rely on this
consideration, either, with regard to modern gas stoves, because Chazal's
decree included any instance where there is concern for stirring due to a
momentary lapse. And since today
people very commonly change the strength of the flame during the cooking
process, this concern applies even nowadays. To the contrary, one might argue that
nowadays we must be concerned for not only raising the flame, but also for
lowering the flame; this would require further study. In this regard Rav Moshe Feinstein was
asked the following question (Iggerot Moshe, O.C. 4:74:25): "In our gas
ovens [= stoves], when the gas tap is completely open, and it is impossible to
raise the fire any further, does one require a blech [covering over the
stove] for shehiya, for it is clear that there is no concern lest he
extinguish…"
Rav Moshe responds:
We
should require a blech even if the gas is completely open. Firstly, even if there is no concern,
one requires [a blech] for the reason of lo pelug [the Sages'
decrees apply even in cases when the reason does not obtain]. Furthermore, even if they did not decree
with regard to extinguishing fire sustained by wood, for which water is
required, when it comes to extinguishing fire sustained by gas, which is very
simple, there is concern. And even
if we say that kibuy [the prohibition against extinguishing on Shabbat]
does not apply at all to gas, nevertheless we should be concerned lest he lower
the gas and then stir, and therefore we should require a blech in all
cases.
I had
thought that one would require a blech because the basic concern relates
to any action that one could perform out of forgetfulness or without paying
attention; this is perhaps what Rav Moshe meant when he wrote that there is
concern because turning the gas knob is "very simple."
"Clearing"
and "Covering" the Stove Nowadays
Let us now discuss the question of how a contemporary stove is made
garuf or katum.
Clearing the coals does not apply nowadays, because it requires turning
off the fire altogether. True,
according to the Ba'al Ha-ma'or and Ran, who held that it suffices to
move the coals away from the pot, one might claim that if there is any kind of
surface over the gas stove, and one places the pot next to the flame but not
directly over it[7], the stove would be considered garuf. Halakha, however, follows the
view that the coals must be removed entirely.
With regard to making a stove katum, several issues must be
addressed.
Rav Moshe Feinstein (Iggerot Moshe O.C. 1:93) discusses whether
the covering must be over the fire, or over the area where stirring occurs –
meaning, the area of the gas knobs.
He writes:
According to this, we
could perhaps permit even covering only the fire itself – even without a
covering also over the knobs with which one lowers or raises [the fire], for
covering only the fire also constitutes a significant indication that he does
not intend to "stir" and raise the fire any more, as many are accustomed to
doing. But it is preferable for the
metal covering to cover also the knobs so that the indication will be also in
the place of stirring, just like the kitum [covering of stoves in
Talmudic times], since we should perhaps be concerned that he will [otherwise]
not take note of the covering and stir.
And although this is unlikely, nevertheless, since we find that
[shehiya] is permitted by making an indication in the area of
stirring, it is perhaps allowed specifically in this manner. But certainly covering only the knobs
and not the fire is of no avail, because the main thing is to demonstrate that
he intends to lessen [the cooking], which is more apparent through the covering
of the fire. But since then there
were two advantageous measures, that one lessens the heat and it was at the
place of stirring, it perhaps must be this way. One should therefore be stringent and
cover the knobs, as well. But since
it seems more reasonable that it is considered a significant indication even
without covering the knobs, one may be lenient in dire situations, and one
should not object to those who have the lenient practice of covering only the
fire.
In his view,
what matters is the heker one makes on the fire, which expresses his
intention to lessen the fire's force, and thereby to forego on any further
stirring. Therefore, one needs to
place the blech only over the fire.
Optimally, however, he demands that one cover the knobs, as well, since
he may not take note of the covering over the fire and come to stir; after all,
in Talmudic times the kitum was done in the place of the fire, which was
also where stirring occurred.
Be-di'avad (ex post facto), however, it suffices to cover the fire
even without covering the knobs, though Rav Moshe is not prepared to forego on
the covering of the fire.
In light of our discussion over the course of this shiur, it would
appear that according to the Ba'al Ha-ma'or and Ran, that the primary
concern is that one makes a reminder for himself so that he will not mistakenly
stir the coals, covering the knobs alone should suffice, since this is as
effective a reminder as any. If,
however, the idea here is that one diverts his attention away from the fire,
then we should perhaps demand an action that diminishes from the force of the
fire, as the Iggerot Moshe requires.
According to the Rambam, who speaks of diverting one's attention from the
food, there is room to question whether we can make our stoves katum at
all. On the one hand, the objective
reality is such that one does not despair from any further enhancement of the
food, whereas on the other hand, it perhaps suffices that one resign himself to
not enhance the food any further, in which case covering the knobs would
suffice.
It also seems to me that if one makes a point of not merely making some
indication on the knobs as a reminder, but rather removing them entirely, or if
he covers them in a way that does not allow for turning them, then according to
all views this would suffice, as it resembles the case (mentioned in the Gemara)
of smearing the stove with plaster.
As for the practical halakha, it would appear that one should
preferably follow the ruling of the Iggerot Moshe, and be-di'avad,
it suffices if one either covered the fire or made an indication on the
knobs. And removing the knobs
entirely would be acceptable even le-khatechila (at the optimal
level).
One might question whether covering the stove suffices to render it
katum, in light of the following comments of the Chazon Ish
(37:11):
If one
lays a sheet of metal and places the pot inside the sheet, nevertheless, this is
not the same as placing an empty pot[8] on the stove to make an interruption
[between the pot and the fire], for here it is similar to merely covering the
stove with its covering and then placing the pot on the covering, which is
considered [the same as being directly] on it.
The
Chazon Ish's stance stems from Rashi's comment (Shabbat 37a s.v.
gaba) that when one places a pot on the covering that is placed over the
hollow space of the stove, he is considered as placing the pot directly on the
stove, and this does not have the status of katum. But I believe that this applies only to
a covering that is normally on the stove.
In contemporary gas stoves, however, the metal sheet is not part of the
stove and can thus be treated as a covering. The Iggerot Moshe proposed an
additional distinction:
We must
therefore claim that since this is often the standard method of cooking, that if
the fire is large and one fears that it will burn [the food], for with wood it
is difficult to regulate [the level of the fire], and also very often a small
fire cannot be lit and one must make a large fire – one places a covering over
it and bakes or cooks there, for he can cook even over the thickness of its rim,
since the stove itself has [abundant] heat for cooking. [Cooking] on it is thus no worse, and is
[equivalent to cooking] on the fire, and therefore it is not a reminder. And if so, then in a gas [stove], where
there is nobody who cooks with a metal sheet [covering the stove] since he can
lower the fire and raise it precisely as he needs, there is no greater reminder
than this, and it is [therefore] permissible.
Everything we mentioned about the need to clear or cover the fire applies
in situations where it is forbidden to leave food over an open flame, meaning,
when dealing with a food that has not reached the point of ma'akhal Ben
Derusai, according to all views, or, according to the Rambam and Rif, even
with other foods, if continued cooking is beneficial for them (mitztameik
ve-yafeh lo). As mentioned in
earlier shiurim, the Rama rules leniently, and this is indeed the common
practice among most Ashkenazim.
Even among Sepharadim many follow the lenient position, and
although preferably one should endeavor to follow the position of the
Shulchan Arukh, who appears to favor the stringent ruling, one should not
object to those who are lenient.
Those who leave food on a "plata" (electric hot plate) before Shabbat may
do so even according to the stringent position, because there is no possibility
of "stirring," and it is considered garuf ve-katum.
Those who are accustomed to leaving food before Shabbat in an electric
oven and wish to render it katum should remove the knobs or cover them
such that the temperature cannot be raised; be-di'avad, it suffices if
one placed some indication on the knobs that he should not turn them. In any event, when one removes the food
from the oven, he must ensure to comply with certain conditions, as will be
explained.
Most ovens have a thermostat that regulates its heat. If the oven is not running at a given
moment because of the thermostat, opening the oven at that moment will allow
relatively cold air to enter the oven and restart its operation. One should therefore ensure to open the
oven only while it is running, so that at most opening the oven will only
prolong the current period of operation, rather than begin a new period of
operation. Alternatively, one can
connect a timer to the oven and set it to turn off before he will want to take
out the food.
Some ovens come with a special Shabbat setting, whereby it runs on a
fixed temperature, rather than a thermostat, in which case there is no need for
concern in this regard.[9]
Notes:
1.
"le-chatet be-yad."
The term chitut generally refers to the complete extraction of
something. Some Rishonim had
a text of the Yerushalmi that read, "tzarikh le-tate ba-yad," which would
presumably mean that one must sweep all the coals away with his hand. However, the Ba'al Ha-ma'or and
Milchamot explain the Yerushalmi to mean that one must move all the coals
away from the area beneath the pot.
2.
The Ritva explained, "It appears that not actually 'all the coals,' but
even if he left there only coals that are fading or embers…" His comments resemble the basic
principle that emerges from the Rambam's explanation.
3.
The Ramban explained similarly, based on the aforementioned comments of
the Yerushalmi.
4.
The Ran (in his commentary to the Rif) raised this question against this
approach, and for this reason he adopted the Ba'al Ha-ma'or's view. Some Rishonim in fact permitted
shehiya in an oven that has been cleared or covered, because of, among
other reasons, this argument that there can be no concern for stirring if the
coals are cleared; see Sefer Ha-hashlama. See also the view of the Ramakh, cited
in Kesef Mishneh, Hilkhot Shabbat 3:5.
5.
In an oven, however, given the intense heat, one might stir despite the
diversion of his thoughts from the coals, because moving the coals to the sides
does not render stirring virtually purposeless.
6.
This explanation of the Rambam's comments resolves the difficulty raised
by the Ramakh, as cited by the Kesef Mishneh.
7.
Later we will discuss whether this would suffice to render the stove
katum.
8.
This halakha mentioned by the Chazon Ish originates from
the Hagahot Mordekhai (3rd chapter of Shabbat) and is codified
in the Shulchan Arukh (253:3): "One who arises early in the morning and
sees that his food has burned, and fears that it will burn further, may remove
[the pot] and place an old, empty pot on the stove and then place the pot
containing the food on the empty pot."
The empty pot then renders the stove katum. We will discuss this halakha in
future shiurim.
9.
Some ovens have a Shabbat setting with a thermostat that operates on a
low but fluctuating temperature; one should therefore ensure to carefully
determine how his oven operates.
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