Tuesday 8 January 2008

Muktzeh - Catching rainwater

Rabbi Moishe Brandeis sent the following question to Rav Ostroff:

While in Manchester on shabbos visiting my parents, my father raised the following point.

What is the difference between air conditioning water and rainwater, where we find that you may move a kli to catch the leak. Rainwater, says my father (the chemical engineer), has exactly the same process as a dripping air conditioner unit.

I hazarded a guess at bidei shomayim and bidei odom, but am not sure. Please will you enlighten me.

Rav Ostroff replied:

I'll try. The gemora says that rain is in the clouds and condensed air is not. It could well be that they are both the same, but as far as appearance goes, rain seems to come from somewhere, which is a reason to remove muktzeh, whereas condensed air is from vapor - as if from nowhere.

Shlomo Amar commented:

Maybe the rain was made before Shabbos in the clouds and therefore no issue of nolad, while the AC water was nolad on Shabbos.

Rav Ostroff replied:

Correct, the rain is in the clouds before Shabbos, whereas the AC water is "put together" on Shabbos.

Muktzeh - Moving a Lamp

The following question was sent by one of the Chabura to Rav Ostroff:

I want to ask about a common issue in which there is a dispute of opinions on.

May one on Shabbos move an electric lamp with a cord from one room to another room? The cord is taped to the wall and will not come out. The case is where one light went out and it was dark and I was learning with friends Friday night. I wanted to move the lamp that was still on to the room where the light went off.

I remember Rav Bluth taught me that Rav Moshe Feinstein would do it in his apartment. What are all the opinions and final conclusion that you follow?

Rav Ostroff replied:

Indeed Rav Shlomo Zalman held that halachically one is permitted to move such a lamp, being that it is made to move, but ruled that one must not.

I discussed the issue of moving a radiator, which is basically the same idea - it has an element that heats oil and is made to move around - on wheels, and he said that in Yiddish we say that one must "run from fire like fire" ...and since an element is aish, it must be treated as such and is always a bosis and ossur to move.

So I would only move such an item with my foot.

Borer - Seforim

The following question was sent by one of the Chabura to Rav Ostroff:

If I have the five chumashim lying on top of each other on a table, would putting them in order (Breisheis, Shmos, etc.) on the bookshelf constitute borer (assuming the five chumashim piled up is a mixture)? On one hand they are being ordered; on the other hand they are all independent. Would it change the answer if they were already on the bookshelf, but in a mixed up order?

Rav Ostroff replied:

The first case is borer because you are sorting the seforim. Each one is noticeable, and besides, it is not really a mixture. If it is, let's compare it to a knife, fork and spoon sitting next to each other and you leave them like they are but in a different order. I don't think it's borer.

Borer - Toys

The following question was sent by one of the Chabura to Rav Ostroff:

If my childen's toys are strewn about the room, and the different toys have their designated place, are these toys considered a mixture?

Rav Ostroff replied:

Yes they are.

Usually the toys are not in a pile, which from what we have learned would make it OK to separate them. However, when looking at the messy room from a distance, the haphazard toys are all jumbled up. I was wondering if this would constitute a mixture, or because when looking closer they are really separate?

Even though they are separate, they are a mixture. My friend Rav Chanan Cohen (an expert in borer) says that when you have a platter with assorted cakes that are placed haphazardly on the tray, not in order, and you sort them out, type by type, even though they are not touching, it is borer.

Borer - Ochel from P'soles with a K'non or Tamchui

I heard the following chakirah from a Shiur given by Rabbi Assaf Bednarsh of Yeshiva University. The Shiur (among hundreds of others) can be downloaded from the YU Torah Web Site at http://www.yutorah.org/halacha.cfm

In Siman 319:2 the Mechaber writes:



הבורר אוכל מתוך הפסולת, בידו, להניחו אפילו לבו ביום, נעשה כבורר לאוצר וחייב

to which the Mishna Berura Seif Katan (9) comments:



אוכל מתוך הפסולת - דפסולת מתוך האוכל אפי' לאלתר חייב וכדלקמיה ומש"כ בידו ה"ה בקנון ותמחוי

The difficulty is his comment that ומש"כ בידו ה"ה בקנון ותמחוי

In Siman 319:1 the Mechaber writes:



הבורר אוכל מתוך פסולת או שהיו לפניו שני מיני אוכלים ובורר מין ממין אחר, בנפה ובכברה חייב; בקנון ובתמחוי, פטור אבל אסור.


Clearly, borer with a k’non or a tamchui is only assur mid’Rabbanan, so why does the Mishna Berura write that where the borer is ochel from p’soles, but not l’alter, it is assur mid’Oraissa if done with a k’non or a tamchui?

וצריך עיון

Rav Ostroff has sent me the following comment on the above:

I think the answer is that a k'non and tamchui will only be d'Rabbanan when done l'alter and ochel from p'soles, but p'soles from ochel is d'Oraisso , because even when separated by hand it is d'Oraisso, being that it is derech beraira.

Monday 7 January 2008

Bichdei Shyasuhu

Where does BS"Y start?
Lets say that a A"Y bought chips from the store two blocks away from ones house, but there is another store down the block. Does one have to wait the time it takes to drive and buy the chips from the actual store or can one wait the amount of time it takes to go to the closest store?