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Introduction
Rabbis have debated the proper way to make tea on Shabbat for more than two centuries. We begin by setting the groundwork for the debate by presenting the major views regarding Bishul in a Kli Sheini.
Irui Kli Rishon and Kli Sheni
The Shaar Hatziyun (318:55) cites that Rav Yaakov Ettlinger (Teshuvot Binyan Tzion 17) and other authorities who rule that placing a tea bag into water constitutes Bishul. The Mishnah Berurah (318:39) and Aruch HaShulchan (Orach Chaim 328:28) emphatically confirm this ruling. 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 (Mishnah Berurah 318:35).
Rav Yosef Adler and Rav Hershel Schachter (Nefesh HaRav, p. 170 and The Laws of Cooking and Warming Food on Shabbat, p. 178) cite Rav Yosef Dov Soloveitchik, who reported that his illustrious grandfather Rav Chaim Soloveitchik made tea on Shabbat using a Kli Sheni. This process 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 Mishnah (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 Mishnah applies to tea.
The Mishnah Berurah (318:39) and Aruch HaShulchan (318:28) vigorously reject this approach. To comprehend their strict approach, let us further explore the issue of Kli Sheni.
Kli Sheni – Theory and Practice
Tosafot (Shabbat 40b s.v. U’shma) ask why a Kli Rishon and a Kli Sheni differ if the sole criterion for whether Bishul occurs should be if the water is Yad Soledet Bo! Tosafot answer that Bishul does not happen 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 explain 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 Mishnah Berurah (318:45,65, and 118) and Aruch Hashulchan (Y.D. 94:32 and 105:20) rule that one should be concerned with the Maharshal’s stringency.
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 is considered (Shemirat Shabbat Kehilchata 1:58 and Teshuvot Igrot Moshe Orach Chaim 4:74: Bishul 5).
Significantly, the Chavot Da’at (Bi’urim, Yoreh Deah 91:5) argues that the Davar Gush stringency applies only to Kashrut concerns but not to Bishul on Shabbat. Accordingly, Rav Ovadia Yosef (Chazon Ovadia, Shabbat, 4:423) rules leniently based on a double doubt, S’feik S’feika. One doubt is whether the Davar Gush stringency is accepted, and even if it is followed, perhaps it only applies to Kashrut, but not to Shabbat. Rav Ben Zion Abba Shaul (Teshuvot Ohr L’Tzi’on 2:30:16) and Rav Mordechai Eliyahu (Teshuvot Ma’amar Mordechai, Shabbat 52:53) agree.
Some are strict about separating the salad on one’s plate from the hot chulent to avoid cooking the salad. However, there is much room for leniency since there is no interest in cooking the salad, thus qualifying as a P’sik Reisha D’lo Nicha Lei, which some permit. Hence, we have a S’feik S’feika, a double doubt, like Teshuvot Igrot Moshe Orach Chaim 4:74: Bishul 5. Perhaps we are not concerned about the Davar Gush stringency, and even if we follow it, we might permit a P’sik Reisha D’lo Nicha Lei.
Klei HaBishul
Although the Mishnah permits placing spices in a Kli Sheni containing hot water, the Mishnah 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 (Klei HaBishul), it can be cooked even in a Kli Sheni. The Sefer Yereim (102) believes that since we are uncertain 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 Klei HaBishul. Thus, he urges that almost 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 Klei HaBishul beyond the cases specifically mentioned by the Mishnah and Gemara. Moreover, the Yereim’s concern 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 both the Yereim and the Tur. He notes, however, that common practice is not to place Challah even in a Kli Sheni due to the concern that we regard Challah among the Klei HaBishul. Parenthetically, we should note that although the Challah was baked, people were concerned about a different stringency of the Yereim, that even though we believe Ein Bishul Achar Bishul, cooking may still occur after baking (as we shall discuss at length in a later section).
The Mishnah Berurah (318:42), citing the Magen Avraham, writes that the stringent practice applies to all items, following the Sefer Yereim. Thus, we must be concerned that almost all food items are Klei HaBishul. The Chazon Ish (O.C. 52:19), however, questions the expansion of concern for Klei HaBishul beyond bread, which the Rama specifically mentions. He suggests that perhaps bread is more easily cooked than other items, as it is already baked. The Chazon Ish, nonetheless, honors the Ashkenazic practice to follow the Magen Avraham and Mishnah Berurah’s stringency. Sephardic Jews are strict only if the food is being cooked, even just slightly, in a Kli Sheini. One example is a raw egg (Rav Ovadia Yosef, Chazon Ovadia, Shabbat 4:376).
Malca’s father Rav Shmuel Tokayer zt”l placed an ice cube into Yad Soledet Bo soup since water does not cook in a Kli Sheini (Sha’ar HaTziyun 318:68). According to Chayei Adam’s stringency, one should wait until the soup cools below Yad Nichevit Bo.
In our next section, we apply these principles to the debates regarding making tea on Shabbat.