COR recently hosted the Rosh Yeshiva of RIETS and Posek of the Orthodox Union, Rabbi Hershel Schachter shlit”a, at our head office. This was an opportunity for local rabbonim to hear from the Rosh Yeshiva and benefit from his vast Torah knowledge and erudition, specifically in the area of kashrus. The Rosh Yeshiva delivered an in-depth shiur on the topic of Shehiya and Hachazara and specifically how they relate to preparation of food on Shabbos at caterers and hotels.
The Rosh Yeshiva introduced the concepts by explaining that these are two separate rabbinic prohibitions: the first is called Shehiya which is a prohibition against leaving food that is not yet cooked on fire from before Shabbos, and Hachazara which is a prohibition against returning fully cooked food to a heat source on Shabbos. The reason for the prohibition of Shehiya is a gezeira, concern for “shema yechate”, that the flame be adjusted on Shabbos in order to facilitate further cooking of the food. When it comes to the prohibition of Hachazara the reason is clearly not because of bishul, cooking on Shabbos, because the prohibition applies even to food that can no longer be cooked; for example, a davar yavesh shenisbashel, dry food that is already fully cooked and cannot be cooked twice – “ein bishul achar bishul”. Why is Hachazara prohibited?
The answer is a machlokes between the Rabbeinu Tam in Sefer HaYashar and the 6 2025 / 5786 / HALACHIC CORNER is its own gezeira then it can be permitted using the principle of shvus d’shvus b’makom mitzvah – we are not concerned for a double rabbinic ordinance when it comes to a mitzvah. 4) Timers (Shabbos clocks): will not help if the flame that will turn on through a timer if Hachazara is an extension of Shehiya but will help if it is its own gezeira. The Chazon Ish held that it is prohibited. The Rosh Yeshiva further explained the difference between the two ways of Chachmei Sefarad. The first approach treats Hachazara as an extension of Shehiya, which is to suspect that the flame be adjusted. While we would not be concerned for shema yechate when it comes to food that is fully cooked on erev Shabbos, that is because there is still ample time to play with the flame to ensure it is set appropriately prior to Shabbos. However, when it comes to placing food on a flame on Shabbos, it is probable that the flame would not be set appropriately and would need adjustment. We are therefore concerned for shema yechate even as it applies to fully cooked food on Shabbos. The second approach treats Hachazara as a stand-alone gezeira since it appears as if the one placing the food on the flame on Shabbos is cooking – nir’eh or mechzei k’mevashel.
What are the practical differences between the two ways to understand the prohibition of Hachazara? 1) Samuch (placing adjacent to a fire, not directly atop): may help according to those who say that Hachazara is an extension of Shehiya; but will not help if Hachazara is its own gezeira. 2) Placing atop a Blech: will help if Hachazara is an extension of Shehiya but will not help if it is a separate gezeira. 3) Amira l’nochri (asking a gentile): will not help if it is an extension of Shehiya since the core concern is shema yechate which remains a concern even after the food was placed on the fire by the gentile. If it is its own gezeira then it can be permitted using the principle of shvus d’shvus b’makom mitzvah – we are not concerned for a double rabbinic ordinance when it comes to a mitzvah. 4) Timers (Shabbos clocks): will not help if the flame that will turn on through a timer if Hachazara is an extension of Shehiya but will help if it is its own gezeira. The Chazon Ish held that it is prohibited.
The Rosh Yeshiva further explained the difference between the two ways of understanding the Hachazara by demonstrating the difference between the structure of gezeiros versus standard issurim that are rabbinically prohibited.
While a melacha d’oraysa – a biblical prohibition – can be violated only through a ma’aseh melachah (b’kum va’aseh), a gezeira rabbonim – rabbinic prohibition – can be situational and violated b’shev v’al ta’aseh. For example, Shehiya without a blech is not a ma’aseh melacha since it takes place prior to Shabbos. Rather, it is situational b’shev v’al ta’aseh which one may not enter on Shabbos due to the prohibition. This type of gezeira can exist even without active intervention at the time of transgression.
Other examples of this type of rabbinic gezeira are the prohibition against playing music on Shabbos – shema yisaken kli shir – you might come to fix a broken instrument. Should this be permitted through a gentile b’makom mitzvah
because it is a shvus d’shvus? For example, if someone always has music at a Sheva Brachos then maybe it should be permitted to have a non-Jewish band play music on Shabbos! According to our explanation it is still prohibited since it is the situation that was prohibited and not the action.
Refuah on Shabbos is another example since the gezeira is related to the melacha of tochen – shema yishchok samimonim – you might come to grind the ingredients. According to our discussion it would be prohibited for a gentile to shmear cream for refuah on someone who is sick since the prohibition is situational and not action related. This is the position of the Iglei Tal.
It is also interesting to note that such situational rabbinic gezeiros are permitted on Chol Hamoed since the prohibition is situational and does not relate to the action.
The Rosh Yeshiva also addressed stock trades that are automated to take place on Shabbos. It is forbidden to make a kinyan on Shabbos shema yichtov – may come to write. This is a situational gezeira which Poskim forbid even if set up to automatically occur. Rebbe Akiva Eiger specifically addresses this problem in regard to the sale of chometz on Shabbos erev Pesach. The Mishna Berura seems to be machmir.
Some kosher certifiers have allowed operational Hachazara through a gentile in hotel/catering settings, citing the Biur Halacha who seems to permit it. The Rosh Yeshiva clarified that the Mishna Berura does not permit this l’chatchila; rather he is, in turn, citing the opinion of the Mahari”t who held like the Chachmei Sefarad that Hachazara is its own gezeira. Based on that understanding, there is room to permit it through a gentile b’makom mitzvah as discussed above. However, according to our understanding, Hachazara is also an extension of Shehiya, and the risk of shema yechate is situational. This would preclude us from allowing Hachazara through a gentile on Shabbos. At most, the Mishna Berura permits Hachazara through a gentile only bidieved since legitimate poskim are lenient, but not that it is permitted l’chatchila.
* NOTICE: The foregoing is based on my limited understanding of the shiur given by Rabbi Hershel Schachter in the COR office. Rav Schacher has not reviewed the material, and I did not attempt to source his mare mekomos. Any inaccuracies, omissions, or confusion should be attributed exclusively to me.
By: RABBI TSVI HEBER Director of Community