From Parshat Lech Lecha Vol.10
No.8
Date of issue: 13 Cheshvan 5761 -- November 11, 2000
Making Tea on Shabbat
by Rabbi Howard Jachter
Introduction
Rabbis have debated the proper way to make tea on Shabbat for
more than two hundred years. This debate illuminates many of the
issues regarding the biblically prohibited acts of Bishul and
provides a magnificent opportunity to gain an appreciation of
these laws.
Irui Kli Rishon and Kli Sheni
The Shaar Hatziyun (318:55) notes that Rav Yaakov Ettlinger (Teshuvot
Binyan Tzion 17) and other authorities rule that placing a tea
bag into water constitutes Bishul. The Aruch Hashulchan (Orach
Chaim 328:28) confirms this point quite emphatically. Thus, Irui
Kli Rishon (pouring hot water from the tea kettle into a glass
containing a tea bag) is forbidden since Halacha accepts the
opinion that Irui Kli Rishon cooks the outer layer of food (Mishna
Berura 318:35).
Rav Yosef Adler cites Rav Yosef Dov Soloveitchik who reported that his illustrious grandfather Rav Chaim Soloveitchik made tea on Shabbat using a Kli Sheni. This involves pouring hot water from a kettle into a glass and then placing the tea bag into the glass. This ruling is based on the Mishna that appears on Shabbat 42, which teaches that one may place spices into a Kli Sheni containing hot water. Rav Chaim believed that tea qualifies as a spice, and thus the rule articulated by the Mishna applies to tea.
The Mishna Berura (318:39) and Aruch Hashulchan (318:28) vigorously reject this approach. In order to comprehend their strict approach we must further explore the issue of Kli Sheni.
Kli Sheni - Theory and Practice
Tosafot (Shabbat 40b s.v. U'shma) poses a fundamental question:
Why should there be a difference between a Kli Rishon and a Kli
Sheni? The sole criterion of whether Bishul occurs should be if
the water is Yad Soledet Bo! Tosafot answers that Bishul does not
occur in a Kli Sheni despite the water being Yad Soledet Bo. This
is because the walls of the Kli Sheni cool down the water.
Tosafot explains that water that is in the process of being
cooled cannot cook.
The Acharonim debate whether the rule that cooking does not occur in a Kli Sheni applies even in a situation where Tosafot's explanation is not relevant. Tosafot's explanation seems to apply only to liquids held in a Kli Sheni but not to solids (Davar Gush) contained by a Kli Sheni. The walls of the container have the effect of cooling down only liquid contents. Thus, the Maharshal (Yam Shel Shlomo Chullin 8:71) rules that solids can be cooked even in a Kli Sheni. The Rama (Yoreh Deah 94:7 and 105:3), however, does not distinguish between liquids and solids.
Later authorities had trouble resolving this dispute. The Shach (Yoreh Deah 105:8) writes, "I am unable to decide which opinion is the correct one." Accordingly, it is not surprising to find that the Mishna Berura (318:45,65, and 118) and Aruch Hashulchan (Y.D. 94:32 and 105:20) rule that one should be concerned with the stringent view of the Maharshal.
Therefore, one should not pour oil or garlic on a hot potato even if it is in a Kli Sheni. However, one may pour ketchup on a hot potato since the ketchup was already cooked during its processing and the rule of Ein Bishul Achar Bishul applies (Shemirat Shabbat Kehilchata 1:58).
Kalei Habishul
Although the aforementioned Mishna permits placing spices in a
Kli Sheni containing hot water, the Mishna that appears on
Shabbat 145b indicates that one may not place uncooked salted
fish in a Kli Sheni filled with hot water. Similarly, one opinion
recorded on Shabbat 42b asserts that salt is unlike spices and
cooks even in a Kli Sheni. This opinion believes that since salt
is easily cooked (Kalei Habishul), it can be cooked even in a Kli
Sheni. The Sefer Yereim (102) believes that since we are not sure
which items are similar to salt and can be cooked in a Kli Sheni,
we must be concerned that virtually any item may fall into the
category of Kalei Habishul. Thus, he urges that virtually no food
be placed in a Kli Sheni containing hot water. The Tur (O.C. 318),
however, challenges the Yereim's expansion of the concern for
Kalei Habishul beyond the cases specifically mentioned by the
Mishna and Gemara. Moreover, the concern expressed by the Yereim
is not even alluded to by any of the great Rishonim such as the
Rif, the Rambam, and the Rosh.
The Rama (318:5) cites the opinions of both the Yereim and the Tur. He notes, however, that common practice is not to place Challah even in a Kli Sheni due to concern that Challah is classified as Kalei Habishul. Parenthetically, we should explain that although the Challah was baked, people were concerned for the opinion of the Yereim that although we believe Ein Bishul Achar Bishul, cooking may occur after baking.
The Mishna Berura (318:42), citing the Magen Avraham, writes that the stringent practice applies to all items in accordance with the view of the Sefer Yereim. Thus, we must be concerned that almost all food items are Kalei Habishul. The Chazon Ish (O.C. 52:19), however, questions the expansion of the concern of Kalei Habishul beyond bread, which is specifically mentioned by the Rama. He suggests that perhaps bread is more easily cooked than other items since it was already baked. The Chazon Ish, nonetheless, honors the common practice to follow the stringent views of the Magen Avraham and Mishna Berura.
Is Tea Classified as Kalei
Habishul?
The Yereim's concern applies only to items that the Mishna or
Gemara does not specifically mention. The Mishna, however,
specifically states that spices cannot be cooked in a Kli Sheni.
Accordingly, why do the Mishna Berura and Aruch Hashulchan reject
Rav Chaim's ruling that tea is a spice and we are permitted to
prepare it in a Kli Sheni? Rav Shlomo Zalman Auerbach (cited in
Shmeirat Shabbat Kehilchata 1: note 152) explains that the spices
in the Mishna were large and unprocessed. Today, commercially
available spices are ground very finely and present a concern for
Kalei Habishul. Thus, one might argue that since tea leaves are
incomparable to the Mishna's unprocessed spices, they should be
classified as Kalei Habishul. Indeed, the Aruch Hashulchan notes
that it is observable that tea cooks in a Kli Sheni.
The Kli Shelishi Option - Rav
Moshe Feinstein vs. Aruch Hashulchan
The Aruch Hashulchan forbids making tea even in a Kli Shelishi.
Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 4:74:Bishul:18)
adopts the approach of a compromise between the Aruch Hashulchan
and Rav Chaim Soloveitchik. Rav Moshe writes that he is uncertain
whether tea leaves are classified as spices. He therefore rules
that one should not make tea in a Kli Sheni, but rather in a Kli
Shelishi. This involves first pouring the water from the tea
kettle into one glass and then pouring the water into a second
glass. Subsequently, one places the tea bag into the second glass.
Rav Moshe writes that the same rule applies to making coffee or
cocoa on Shabbat.
In order to understand the dispute between Rav
Moshe and the Aruch Hashulchan, we must focus on the concept of a
Kli Shelishi. The category of a Kli Shelishi is not explicitly
addressed in the Gemara or the major Rishonim such as the Rif,
the Rambam, and the Rosh. The aforementioned Sefer Yereim,
however, specifically mentions the concern that Kalei Habishul
can cook in a Kli Shelishi. On the other hand, the Pri Megadim (Eishel
Avraham 318:35) rules that even Kalei Habishul cannot be cooked
in a Kli Shelishi.
The basis for the lenient view is that the Gemara and Rama
mention concern for Kalei Habishul only in relation to a Kli
Sheni. The fact that the Rama, unlike the Yereim, makes no
mention of a Kli Shelishi seems to indicate that the tradition is
to not be concerned with Bishul in a Kli Shelishi. On the other
hand, the Chazon Ish (O.C. 52:19) argues that there was no
mention of a Kli Shelishi since conceptually it is identical to a
Kli Sheni.
Tea Essence - Mishna Berura and
Aruch Hashulchan
The option recommended by the Mishna Berura and Aruch Hashulchan
to prepare tea essence before Shabbat involves cooking tea bags
before Shabbat, thereby making a tea concentrate. On Shabbat, one
may pour the tea concentrate into a Kli Sheni containing hot
water. We are concerned for the Rishonim who argue that Ein
Bishul Achar Bishul does not apply to liquids only if the heating
of the liquid occurs in a Kli Rishon. This is because a Sfeik
Sfeika, two lenient considerations, exists regarding reheating a
liquid in a Kli Sheni. First, perhaps Ein Bishul Achar Bishul
even applies to a liquid, and second, perhaps the tea concentrate
does not cook in a Kli Sheni.
Conclusion
We see that there is considerable basis for the three primary
methods of making tea on Shabbat: Kli Sheni, Kli Shelishi, and
tea essence. The good news is that we may drink tea no matter
which of these three methods is used in its preparation since
each opinion has a serious Halachic basis (see Mishna Berura 318:2
citing the Pri Megadim).
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