Brushing Teeth on Shabbat
The following is a discussion of the various potential halachic concerns regarding brushing one's teeth on shabbat.
Mimachaik / Mimareach
The Mishnah in Shabbat (73a) lists Memachaik (lit: scraping) as one of the avot melacha, scraping a surface to leave a smooth remainder (e.g. sandpaper, scraping hairs off a hide of leather). The Mishnah Shabbat (146a) also discusses a toldah or derivative of mamaechaik known as mimareach (lit: smoothing), which is accomplished not by scraping down a surface, but rather by spreading a malleable substance (e.g. wax) over a surface.[1]
There are two potential memacheik concerns regarding brushing teeth on shabbat:
The toothpaste becoming more foamy and fluid may be a problem of molid. Molid is the rabbinic prohibition of creating a new substance (or more precisely, changing the form of a substance), which is based on the gemara (Shabbat 51a) that prohibits crushing ice into water on shabbat.[7]
Brushing one's teeth may be a problem of preventative medicine on shabbat, thereby violating the rabbinic decree against refuah on Shabbat.
Brushing one's teeth may be a problem of sechita (lit: squeezing), since in the process of brushing, one squeezes absorbed water out of the bristles.[13]
While there is no clear definition of what uvdin dichol (lit: weekday activity) actually is, the general idea is that on shabbat one should refrain from activities that are deemed to be "weekday" activities.[18]
Brushing your teeth can cause the gums to bleed, thereby violating the tolda known as chavala (lit: bruising), which according to most rishonim is under the melacha of shochet.[21]
Hachana is the prohibition of preparing from one Shabbat or Yom Tov to a weekday, or to another Shabbat or Yom Tov. Based on this consideration, perhaps washing the toothbrush (after brushing) in order to clean it for the next day should be prohibited.
The following is a discussion of the various potential halachic concerns regarding brushing one's teeth on shabbat.
Mimachaik / Mimareach
The Mishnah in Shabbat (73a) lists Memachaik (lit: scraping) as one of the avot melacha, scraping a surface to leave a smooth remainder (e.g. sandpaper, scraping hairs off a hide of leather). The Mishnah Shabbat (146a) also discusses a toldah or derivative of mamaechaik known as mimareach (lit: smoothing), which is accomplished not by scraping down a surface, but rather by spreading a malleable substance (e.g. wax) over a surface.[1]
There are two potential memacheik concerns regarding brushing teeth on shabbat:
- Removing the plaque and dirt from the teeth and thereby smoothing them out (av melacha of memachaik).
- Spreading out the toothpaste over the surface of your teeth (toldah of mimareach).
- Rav Moshe Feinstein prohibits using toothpaste due to "mimachaik", but permits brushing without toothpaste, as this is just like washing the rest of your body.[3]
- Rav Ovadia Yosef permits even brushing with toothpaste.[4]
- The Tzitz Eliezer rules stringently like Rav Moshe.[5]
- Rav Soloveitchik rules leniently like Rav Ovadia.[6]
The toothpaste becoming more foamy and fluid may be a problem of molid. Molid is the rabbinic prohibition of creating a new substance (or more precisely, changing the form of a substance), which is based on the gemara (Shabbat 51a) that prohibits crushing ice into water on shabbat.[7]
- Rav Yitzchak Yaakov Weiss[8] prohibits brushing teeth with toothpaste for this reason, among others.
- Rav Ovadia[9] paskens like the Shulchan Aruch that Sephardim don't have to worry about molid.
- He adds that Ashkenazim should hold like the Rema, so using toothpaste is forbidden for them.[10]
- Rabbi Herschel Schachter[11] holds that even for Ashkenazim it should not be a problem of molid.
- The whole concern of molid is only from solid to liquid, not from paste to liquid.
Brushing one's teeth may be a problem of preventative medicine on shabbat, thereby violating the rabbinic decree against refuah on Shabbat.
- Rav Moshe Yonah Halevi Zweig raises this possibility.
- Perhaps since toothpaste contains flouride, which strengthens one's teeth and can be viewed as preventative medicine, it should be prohibited.
- Rav Ovadia rejects this.
Brushing one's teeth may be a problem of sechita (lit: squeezing), since in the process of brushing, one squeezes absorbed water out of the bristles.[13]
- Rav Moshe thinks that one should not wet the brush with water before use.[14]
- Rav Yitzchak Yaakov Weiss agrees.[15]
- The Sridei Esh culls together a few reasons for why we need not be concerned with sechita here.[16]
- Rav Shlomo Zalman Auerbach rejects numerous of the Sridei Esh's leniencies.[17]
While there is no clear definition of what uvdin dichol (lit: weekday activity) actually is, the general idea is that on shabbat one should refrain from activities that are deemed to be "weekday" activities.[18]
- Rav Yitzchak Yaakov Weiss and Rav Ovadya say that this would be a problem unless a special toothbrush is used.[19]
- Rav Schachter thinks there’s no problem of uvdin dichol with using the same toothbrush as during the week.[20]
Brushing your teeth can cause the gums to bleed, thereby violating the tolda known as chavala (lit: bruising), which according to most rishonim is under the melacha of shochet.[21]
- Rav Yitzchak Yaakov Weiss thinks this is a concern with toothbrushes, especially ones with hard bristles.[22]
- Rav Ovadia says this isn’t really a problem because people usually don’t bleed.[23]
Hachana is the prohibition of preparing from one Shabbat or Yom Tov to a weekday, or to another Shabbat or Yom Tov. Based on this consideration, perhaps washing the toothbrush (after brushing) in order to clean it for the next day should be prohibited.
- Rav Ovadia, Rav Moshe, and Chacham Benzion Abba Shaul all agree that this would violate hachana.[24]
- Rav Shlomo Zalman thinks there is no hachana issue here.[25]
- Rav Schachter also allows cleaning the toothbrush after use.[26]
- Some poskim permit brushing one’s teeth on Shabbat, while some forbid doing so. Some poskim hold that if one does brush his teeth on Shabbat, he should use liquid toothpaste.[27]
- It is permitted to use mouthwash on Shabbat.[28]
Pniney Halachah
One may brush one’s teeth on Shabbat to clean them and to treat bad breath. Similarly, mouthwash may be used to freshen one’s breath. However, it is proper to refrain from using toothpaste, the same way we refrain from using bar soap or thick liquid soap.
While it is true that some forbid brushing teeth on Shabbat, either due to the concern of Seĥita, because the gums might bleed, or because the bristles of the toothbrush might break, nevertheless, the primary halakhic position is that one may brush one’s teeth with a toothbrush le-khatĥila. It is only in a case where it is almost certain that the gums will bleed that this is prohibited.[6]
One may wash off the toothbrush with water after brushing, as one normally does, even if one does not intend to use the toothbrush again on Shabbat. This is not considered preparing for the weekday on Shabbat, because it is simply a matter of routine and is not considered a significant chore. Furthermore, removing the residue from the brush also serves a purpose on Shabbat, as leaving it dirty would be disgusting (see MB 667:6; below 22:16).
One may clean one’s teeth with a toothpick (SA 322:4). If there is no toothpick available, a match may be used. While it is true that matches are muktzeh, they are kelim she-melakhtam le-isur, and one may handle them in order to use them for a permitted activity (below, 23:7). Of course, one must remember that one may not sharpen the match for this purpose, as sharpening it would violate a Torah prohibition.
One may use denture adhesive powder to attach false teeth to the gums, as this is meant for the short term (Har Tzvi; Tzitz Eliezer 15:25; Yalkut Yosef 314:17; as opposed to SSK 14:40, who is stringent).
One may brush one’s teeth on Shabbat to clean them and to treat bad breath. Similarly, mouthwash may be used to freshen one’s breath. However, it is proper to refrain from using toothpaste, the same way we refrain from using bar soap or thick liquid soap.
While it is true that some forbid brushing teeth on Shabbat, either due to the concern of Seĥita, because the gums might bleed, or because the bristles of the toothbrush might break, nevertheless, the primary halakhic position is that one may brush one’s teeth with a toothbrush le-khatĥila. It is only in a case where it is almost certain that the gums will bleed that this is prohibited.[6]
One may wash off the toothbrush with water after brushing, as one normally does, even if one does not intend to use the toothbrush again on Shabbat. This is not considered preparing for the weekday on Shabbat, because it is simply a matter of routine and is not considered a significant chore. Furthermore, removing the residue from the brush also serves a purpose on Shabbat, as leaving it dirty would be disgusting (see MB 667:6; below 22:16).
One may clean one’s teeth with a toothpick (SA 322:4). If there is no toothpick available, a match may be used. While it is true that matches are muktzeh, they are kelim she-melakhtam le-isur, and one may handle them in order to use them for a permitted activity (below, 23:7). Of course, one must remember that one may not sharpen the match for this purpose, as sharpening it would violate a Torah prohibition.
One may use denture adhesive powder to attach false teeth to the gums, as this is meant for the short term (Har Tzvi; Tzitz Eliezer 15:25; Yalkut Yosef 314:17; as opposed to SSK 14:40, who is stringent).
ביצה ב:ב
בְּתַרְנְגוֹלֶת הָעוֹמֶדֶת לְגַדֵּל בֵּיצִים, וּמִשּׁוּם מוּקְצֶה. אִי הָכִי, אַדְּמִפַּלְגִי בְּבֵיצָה, לִפַּלְגוּ בְּתַרְנְגוֹלֶת? לְהוֹדִיעֲךָ כֹּחָן דְּבֵית שַׁמַּאי, דִּבְנוֹלָד שְׁרֵי.
בְּתַרְנְגוֹלֶת הָעוֹמֶדֶת לְגַדֵּל בֵּיצִים, וּמִשּׁוּם מוּקְצֶה. אִי הָכִי, אַדְּמִפַּלְגִי בְּבֵיצָה, לִפַּלְגוּ בְּתַרְנְגוֹלֶת? לְהוֹדִיעֲךָ כֹּחָן דְּבֵית שַׁמַּאי, דִּבְנוֹלָד שְׁרֵי.
שבת נא: ב
וְאֵין מְרַזְּקִין לֹא אֶת הַשֶּׁלֶג וְלֹא אֶת הַבָּרָד בְּשַׁבָּת בִּשְׁבִיל שֶׁיָּזוּבוּ מֵימָיו, אֲבָל נוֹתֵן הוּא לְתוֹךְ הַכּוֹס אוֹ לְתוֹךְ הַקְּעָרָה וְאֵינוֹ חוֹשֵׁשׁ.
וְאֵין מְרַזְּקִין לֹא אֶת הַשֶּׁלֶג וְלֹא אֶת הַבָּרָד בְּשַׁבָּת בִּשְׁבִיל שֶׁיָּזוּבוּ מֵימָיו, אֲבָל נוֹתֵן הוּא לְתוֹךְ הַכּוֹס אוֹ לְתוֹךְ הַקְּעָרָה וְאֵינוֹ חוֹשֵׁשׁ.
כדי שיזובו מימיו - משום דקא מוליד בשבת ודמי למלאכה שבורא המים האלו:
אבל נותן לתוך הכוס - של יין בימות החמה כדי לצנן ואע"פ שנימוח מאליו ואינו חושש:
Muktzeh on Yom Tov
- All the restrictions of Muktzeh of Shabbat apply to Yom Tov and furthermore Yom Tov has some added restrictions. [1]
- According to Sephardim, more categories of Muktzeh are forbidden on Yom Tov including:
- peels and shells that used to be edible for a person and now are edible for an animal (Nolad),
- something that is disgusting (Muktzeh Machmat Miyus),
- and something that is for sale (karchei d'zuzei).
- According to Ashkenazim only the category of Nolad applies to Yom Tov even though it doesn't apply to Shabbat. [2]
- If Yom Tov falls out on Shabbat, some say that it is treated stringently like a regular Yom Tov[3] while others say that it has the same restrictions as Shabbat and not the regular Yom Tov. [4]
- On Shabbat if meat is removed from a bone the bones aren’t Muktzeh if they could be given to dogs (assuming that there are dogs in the city) to chew on.[5] However, on Yom Tov bones from which meat was removed on Yom Tov may not be moved as they are Muktzeh. [6]
- If the meat was removed from the bones before Yom Tov, the bones aren’t Muktzeh. [7]
- If a piece of the meat is attached to the meat the bones aren’t Muktzeh. [8]
- If the presence of the bones is disgusting (to the one who uses that room) one may remove them. [9]
- One should put the bones down on the plate where there is a little bit of food and then one would be able to move the bones. [10]
- A broken utensil that can be used for something else is muktzeh on Yom Tov.[11]
- Food which was designated to be sold, on Shabbat isn’t Muktzeh unless he’s concerned about using it for something other than for merchandise [12], however, on Yom Tov it is Muktzeh according to Sephardim. [13]
- According to Sephardim, in order to designate Muktzeh, such as fruit that was put in storage, prior to Yom Tov it is sufficient to designate it for use and it isn't necessary to write which items one is going to use.[14]
- A lit candle isn't muktzeh on Yom Tov.[15]
THE LAWS OF SHABBAT
By Rav Yosef Zvi Rimon
Shiur #13: DASH (Part 5)
IX FREEZING AND THAWING ICE
May one put an ice cube in an empty cup in order to melt it?
Is it permissible to put ice cubes in a pitcher of juice?
May one put water in the freezer?
Melting Ice
The Gemara (51b) cites a beraita:
And neither snow nor hail may be crushed on Shabbat to cause their liquid to flow, but they may be placed in a goblet or dish, without concern.
The beraita forbids crushing ice on Shabbat, but allows one to put it into a cup so that it will melt on its own. Why?
The Rashba (ibid.) explains (the Ramban ibid. and Rambam 21:13 seem to indicate the same) that this prohibition stems from the issue of sechita (squeezing), part of the melakha of dash. Just as it is forbidden to squeeze a fruit (which is designated for liquid) and turn it into a drink, so too it is forbidden to crush ice and turn it into water:
It appears to me that this was disallowed based on the prohibition of sechita of fruit designated for drinking, because the hail and snow are designated to become water. Therefore, putting it in a cup is permissible, because one does not appear to be squeezing.
On this approach, one may place ice into a cup (even if it is empty) so that it will melt on its own, because this is not similar to sechita.
However, other Rishonim cite an alternate explanation for this prohibition, unrelated to the melakha of dash; Rashi (ibid. s.v. Kedei) explains that this is forbidden: "because this is molid (“creating” a new entity) on Shabbat, and it is like a melakha, that one creates the water."
This idea is expressed differently by the Sefer Ha-teruma (Ch. 234-235):
One may not crush snow and make it clear as water, because it is nolad... If so, it is forbidden to wash one's hands in snow or frozen water... because one dissolves them and turns them into water, so that it is nolad. It also appears that one may not put a kugel in winter next to the fire in order to warm it up on Shabbat day; since the fat in it has congealed and become thick and opaque, and now it melts and becomes clear, this is nolad.
On this approach, the prohibition is because of the law of nolad, and a similar prohibition exists in putting a food with congealed fat near the fire, since the fat becomes liquid, which is a problem of nolad. The simple reading of the Sefer Ha-teruma is that crushing ice is prohibited because of nolad. What is nolad? Nolad literally means “born,” and refers to an object that was “created” on Shabbat. The general problem with such a substance is that it is considered to be muktzeh (since it was not available for use at the beginning of Shabbat). This is the way the Ramban and Rashba mentioned above understand the view of the Sefer Ha-teruma (and dispute it).
According to this understanding, the problem with crushing ice does not lie in any action performed, but rather in the result brought about, namely, the water that was “created.” As such, the prohibition applies even if one puts the ice into an empty vessel without crushing it by hand; since the water is nolad, it makes no difference how this comes about. Only if one puts the ice in a cup which has a liquid in it does the Gemara allow one to use the water created, since the ice-water is not noticeable, as it is integrated in with the other liquid.
However, on closer examination, it is possible to understand the words of the Sefer Ha-teruma differently. It may be that when he talks about nolad, he does not refer to the result, namely that the water is nolad. Rather, he categorizes the act of crushing ice as molid, along the lines of Rashi's phrasing. And indeed the Rosh (4:13) seems to understand that the Sefer Ha-teruma prohibits melting ice because of molid. According to this, the prohibition is specifically when one crushes by hand; perhaps if one violates this ban and crushes the water, the water would be prohibited to drink as well.[1] However, if the ice turns into water on its own, there would be no prohibition upon the resulting water.
If the prohibition is specifically the action of holada, why does the Sefer Ha-teruma forbid putting fatty food near the fire? Does the fat not melt on its own? From the words of the Sefer Ha-teruma later on, it appears that specifically putting it next to the fire is forbidden, because this is considered to be an action of heating; however, if someone leaves the food out and it thaws on its own, this is mere gerama (causation), and there is no prohibition in this. So too, it would be allowed, according to him, to put ice in an empty vessel, since the thawing takes place on its own, not by human action.
Summary and Practical Ruling
To conclude, one may not crush ice on Shabbat, because:
1. Ramban, Rashba, Rambam: It is similar to squeezing produce. According to this, it is permissible to put ice into an empty vessel, because this is not an action which is comparable to sechita.
2. Rashi, Rosh (explaining the Sefer Ha-teruma): It is similar to a melakha, because one “creates” the water, thus violating molid. According to this, one may put ice in an empty vessel, since the water is created on its own, and not through human actions.
3. Ramban and Rashba (explaining the Sefer Ha-teruma): It violates the prohibition of nolad — a new product being “created” on Shabbat, which is muktzeh. According to this, the prohibition is applicable to putting ice into an empty vessel as well.
The Shulchan Arukh (318:16) rules against the view of the Sefer Ha-teruma and allows putting a fatty food by the fire in order to thaw it out.
One may put a kugel by the fire in a place where the hand withdraws [due to the heat], even though the fat which is congealed within it melts again.
Similarly, the Shulchan Arukh (320:9) allows one to melt ice:
One may not crush snow or hail, breaking them into little pieces so that the water will flow from them, but one may put them into a cup of wine or water so that they melt on their own, and one need not be concerned. Similarly, if one leaves them in the sun or by the fire and they melt, this is permissible.
The language of the Shulchan Arukh ("if one leaves it in the sun... this is permissible") implies that he allows this only after the fact, but the Mishna Berura (35) writes that the Shulchan Arukh's intent is to allow this in the first place, just as he allows one to put a food with congealed fat in it by the fire.
On the other hand, the Rema (318:16) writes that the custom is to follow the view of the Sefer Ha-teruma and not to leave a fatty food by the fire, unless there is some great need:
There are those who are stringent, and the custom is to be stringent. However, in a place of need, one may rely on the former view.
The Mishna Berura (320:35) writes that according to this, one must be stringent about ice as well, that one may not melt it by the sun or by the fire, but only in a full cup.
According to this view, may one put ice in an empty vessel so that it will melt on its own? The Acharonim debate this.
Rav Neuwirth writes (Shmirat Shabbat Ke-hilkhata 10:3, n. 7) that just as the Mishna Berura forbids melting ice in the sun, melting ice in an empty vessel at room temperature should also be forbidden. According to him, the Mishna Berura rules in accordance with the Ramban and Rashba’s explanation of the Sefer Ha-teruma, namely, that the prohibition of crushing the ice is because of nolad, and thus it is prohibited even if the ice melts on its own.
The Shevet Ha-levi (Vol. VII, Ch. 40) writes that the Mishna Berura rules in accordance with the Rosh's interpretation of the Sefer Ha-teruma, that the prohibition exists only in a situation in which there is molid of the water, not in a situation in which the ice melts on its own.[2] According to him, the Mishna Berura forbids specifically thawing in the sun, which is considered to be leaving it in a heated place, similar to placing it near the fire; however, taking it out of the freezer into room temperature is not forbidden according to him, because this action does not cause the thawing in a direct way, but only removes the cooling agent and allows the thawing to happen on its own.
The Sephardic practice is to permit removing ice from the freezer, leaving it in an empty vessel so that it will melt. Similarly, it permits heating food with congealed fat and the like. For example, Sephardim may heat chicken on Shabbat even if there is a lot of congealed sauce on it.[3]
On the other hand, Ashkenazic practice is generally to be stringent in accordance with the view of the Sefer Ha-teruma. As such, Ashkenazim should not put ice cubes in an empty cup, but only in a cup with a liquid in it, as Rav Neuwirth rules. However, this stringency does not apply when there is a Shabbat-related need, and thus in such cases one may thaw a frozen liquid (e.g., a container of milk[4]). It is permissible even to leave it near a heat source in order for it to thaw rapidly (on the condition that there is no problem of cooking, i.e., that it is placed in a position where it is impossible for it to reach the temperature at which one withdraws one's hand); this is because, as we noted, the matter is allowed according to most Rishonim, and the Rema rules that one may rely on their view in a time of need.[5]
According to all views, one may not crush ice by hand in order to turn it into water (OC 320:9). However, one may walk on snow even though one crushes it (ibid. 13), because one has no intent to liquefy it (Mishna Berura, 39), and it is unavoidable (Taz, 10).
MAKING ICE
Is one allowed to put water in the freezer so that it will turn into ice?
This is apparently a function of the argument of the Rishonim which we have seen: according to the Ramban and the Rashba, it is clear that the matter is permissible, because this is not comparable to squeezing produce (this is the opposite action!), and there is no prohibition of nolad; according to the Sefer Ha-teruma, there is good reason to forbid this because of nolad, since this action causes a new creation of ice. As such, this would be permissible for Sephardic Jews, while for Ashkenazic Jews, one can allow this only in a time of need.
However, the Dovev Meisharim (Vol. I, Ch. 55) writes that freezing water is forbidden even according to the Ramban and the Rashba. According to him, these Rishonim rule leniently only about ice which turns into water, since even when it is still ice, if the person thinks to use it for drinking, it is considered a liquid (according to the Gemara in Nidda 17a); consequently, in its melting, a new liquid is not created. On the other hand, when a person turns the water into ice — which is not being used as a drink right now — one takes something which is defined as a liquid and nullifies the status of liquid, and this act is forbidden because of nolad even according to the Ramban and the Rashba. According to this, even Sephardic Jews may not freeze water, even in a time of need.
However, in practice, it appears that freeing water is permissible even for Ashkenazim, at least in a time of need. First, it is logical that the Ramban and the Rashba dispute the very basis of the Sefer Ha-teruma's view, and they believe that there is no prohibition of nolad unless an entirely new entity is created, not if something merely changes its form. (Indeed, there are those who understand this in the view of the Sefer Ha-teruma himself, as we have seen above.) Beyond this, it may be that freezing water is less significant than thawing ice and is allowed even according to the Sefer Ha-teruma, since water's solid state is a temporary situation, not natural for it, and it requires extreme cooling in order to exist. Simply, it may be that the prohibition of nolad is not applicable to something which does not last.
Practically, it appears that one may be lenient about this, at least when there is a need for Shabbat. Many halakhic authorities of the recent generation rule accordingly, among them the Shevet Ha-levi (Vol. III, Ch. 55), Rav S.Z. Auerbach (Shemirat Shabbat Ke-hilkhatah, Ch. 10, n. 14), the Tzitz Eliezer (Vol. VI, Ch. 34; Vol. VIII, Ch. 12), the Chelkat Yaakov (OC, Ch. 128-129) and the Minchat Yitzchak (Vol. VIII, Ch. 24).[6]
THE LAWS OF SHABBAT
By Rav Yosef Zvi Rimon
Shiur #13: DASH (Part 5)
IX FREEZING AND THAWING ICE
May one put an ice cube in an empty cup in order to melt it?
Is it permissible to put ice cubes in a pitcher of juice?
May one put water in the freezer?
Melting Ice
The Gemara (51b) cites a beraita:
And neither snow nor hail may be crushed on Shabbat to cause their liquid to flow, but they may be placed in a goblet or dish, without concern.
The beraita forbids crushing ice on Shabbat, but allows one to put it into a cup so that it will melt on its own. Why?
The Rashba (ibid.) explains (the Ramban ibid. and Rambam 21:13 seem to indicate the same) that this prohibition stems from the issue of sechita (squeezing), part of the melakha of dash. Just as it is forbidden to squeeze a fruit (which is designated for liquid) and turn it into a drink, so too it is forbidden to crush ice and turn it into water:
It appears to me that this was disallowed based on the prohibition of sechita of fruit designated for drinking, because the hail and snow are designated to become water. Therefore, putting it in a cup is permissible, because one does not appear to be squeezing.
On this approach, one may place ice into a cup (even if it is empty) so that it will melt on its own, because this is not similar to sechita.
However, other Rishonim cite an alternate explanation for this prohibition, unrelated to the melakha of dash; Rashi (ibid. s.v. Kedei) explains that this is forbidden: "because this is molid (“creating” a new entity) on Shabbat, and it is like a melakha, that one creates the water."
This idea is expressed differently by the Sefer Ha-teruma (Ch. 234-235):
One may not crush snow and make it clear as water, because it is nolad... If so, it is forbidden to wash one's hands in snow or frozen water... because one dissolves them and turns them into water, so that it is nolad. It also appears that one may not put a kugel in winter next to the fire in order to warm it up on Shabbat day; since the fat in it has congealed and become thick and opaque, and now it melts and becomes clear, this is nolad.
On this approach, the prohibition is because of the law of nolad, and a similar prohibition exists in putting a food with congealed fat near the fire, since the fat becomes liquid, which is a problem of nolad. The simple reading of the Sefer Ha-teruma is that crushing ice is prohibited because of nolad. What is nolad? Nolad literally means “born,” and refers to an object that was “created” on Shabbat. The general problem with such a substance is that it is considered to be muktzeh (since it was not available for use at the beginning of Shabbat). This is the way the Ramban and Rashba mentioned above understand the view of the Sefer Ha-teruma (and dispute it).
According to this understanding, the problem with crushing ice does not lie in any action performed, but rather in the result brought about, namely, the water that was “created.” As such, the prohibition applies even if one puts the ice into an empty vessel without crushing it by hand; since the water is nolad, it makes no difference how this comes about. Only if one puts the ice in a cup which has a liquid in it does the Gemara allow one to use the water created, since the ice-water is not noticeable, as it is integrated in with the other liquid.
However, on closer examination, it is possible to understand the words of the Sefer Ha-teruma differently. It may be that when he talks about nolad, he does not refer to the result, namely that the water is nolad. Rather, he categorizes the act of crushing ice as molid, along the lines of Rashi's phrasing. And indeed the Rosh (4:13) seems to understand that the Sefer Ha-teruma prohibits melting ice because of molid. According to this, the prohibition is specifically when one crushes by hand; perhaps if one violates this ban and crushes the water, the water would be prohibited to drink as well.[1] However, if the ice turns into water on its own, there would be no prohibition upon the resulting water.
If the prohibition is specifically the action of holada, why does the Sefer Ha-teruma forbid putting fatty food near the fire? Does the fat not melt on its own? From the words of the Sefer Ha-teruma later on, it appears that specifically putting it next to the fire is forbidden, because this is considered to be an action of heating; however, if someone leaves the food out and it thaws on its own, this is mere gerama (causation), and there is no prohibition in this. So too, it would be allowed, according to him, to put ice in an empty vessel, since the thawing takes place on its own, not by human action.
Summary and Practical Ruling
To conclude, one may not crush ice on Shabbat, because:
1. Ramban, Rashba, Rambam: It is similar to squeezing produce. According to this, it is permissible to put ice into an empty vessel, because this is not an action which is comparable to sechita.
2. Rashi, Rosh (explaining the Sefer Ha-teruma): It is similar to a melakha, because one “creates” the water, thus violating molid. According to this, one may put ice in an empty vessel, since the water is created on its own, and not through human actions.
3. Ramban and Rashba (explaining the Sefer Ha-teruma): It violates the prohibition of nolad — a new product being “created” on Shabbat, which is muktzeh. According to this, the prohibition is applicable to putting ice into an empty vessel as well.
The Shulchan Arukh (318:16) rules against the view of the Sefer Ha-teruma and allows putting a fatty food by the fire in order to thaw it out.
One may put a kugel by the fire in a place where the hand withdraws [due to the heat], even though the fat which is congealed within it melts again.
Similarly, the Shulchan Arukh (320:9) allows one to melt ice:
One may not crush snow or hail, breaking them into little pieces so that the water will flow from them, but one may put them into a cup of wine or water so that they melt on their own, and one need not be concerned. Similarly, if one leaves them in the sun or by the fire and they melt, this is permissible.
The language of the Shulchan Arukh ("if one leaves it in the sun... this is permissible") implies that he allows this only after the fact, but the Mishna Berura (35) writes that the Shulchan Arukh's intent is to allow this in the first place, just as he allows one to put a food with congealed fat in it by the fire.
On the other hand, the Rema (318:16) writes that the custom is to follow the view of the Sefer Ha-teruma and not to leave a fatty food by the fire, unless there is some great need:
There are those who are stringent, and the custom is to be stringent. However, in a place of need, one may rely on the former view.
The Mishna Berura (320:35) writes that according to this, one must be stringent about ice as well, that one may not melt it by the sun or by the fire, but only in a full cup.
According to this view, may one put ice in an empty vessel so that it will melt on its own? The Acharonim debate this.
Rav Neuwirth writes (Shmirat Shabbat Ke-hilkhata 10:3, n. 7) that just as the Mishna Berura forbids melting ice in the sun, melting ice in an empty vessel at room temperature should also be forbidden. According to him, the Mishna Berura rules in accordance with the Ramban and Rashba’s explanation of the Sefer Ha-teruma, namely, that the prohibition of crushing the ice is because of nolad, and thus it is prohibited even if the ice melts on its own.
The Shevet Ha-levi (Vol. VII, Ch. 40) writes that the Mishna Berura rules in accordance with the Rosh's interpretation of the Sefer Ha-teruma, that the prohibition exists only in a situation in which there is molid of the water, not in a situation in which the ice melts on its own.[2] According to him, the Mishna Berura forbids specifically thawing in the sun, which is considered to be leaving it in a heated place, similar to placing it near the fire; however, taking it out of the freezer into room temperature is not forbidden according to him, because this action does not cause the thawing in a direct way, but only removes the cooling agent and allows the thawing to happen on its own.
The Sephardic practice is to permit removing ice from the freezer, leaving it in an empty vessel so that it will melt. Similarly, it permits heating food with congealed fat and the like. For example, Sephardim may heat chicken on Shabbat even if there is a lot of congealed sauce on it.[3]
On the other hand, Ashkenazic practice is generally to be stringent in accordance with the view of the Sefer Ha-teruma. As such, Ashkenazim should not put ice cubes in an empty cup, but only in a cup with a liquid in it, as Rav Neuwirth rules. However, this stringency does not apply when there is a Shabbat-related need, and thus in such cases one may thaw a frozen liquid (e.g., a container of milk[4]). It is permissible even to leave it near a heat source in order for it to thaw rapidly (on the condition that there is no problem of cooking, i.e., that it is placed in a position where it is impossible for it to reach the temperature at which one withdraws one's hand); this is because, as we noted, the matter is allowed according to most Rishonim, and the Rema rules that one may rely on their view in a time of need.[5]
According to all views, one may not crush ice by hand in order to turn it into water (OC 320:9). However, one may walk on snow even though one crushes it (ibid. 13), because one has no intent to liquefy it (Mishna Berura, 39), and it is unavoidable (Taz, 10).
MAKING ICE
Is one allowed to put water in the freezer so that it will turn into ice?
This is apparently a function of the argument of the Rishonim which we have seen: according to the Ramban and the Rashba, it is clear that the matter is permissible, because this is not comparable to squeezing produce (this is the opposite action!), and there is no prohibition of nolad; according to the Sefer Ha-teruma, there is good reason to forbid this because of nolad, since this action causes a new creation of ice. As such, this would be permissible for Sephardic Jews, while for Ashkenazic Jews, one can allow this only in a time of need.
However, the Dovev Meisharim (Vol. I, Ch. 55) writes that freezing water is forbidden even according to the Ramban and the Rashba. According to him, these Rishonim rule leniently only about ice which turns into water, since even when it is still ice, if the person thinks to use it for drinking, it is considered a liquid (according to the Gemara in Nidda 17a); consequently, in its melting, a new liquid is not created. On the other hand, when a person turns the water into ice — which is not being used as a drink right now — one takes something which is defined as a liquid and nullifies the status of liquid, and this act is forbidden because of nolad even according to the Ramban and the Rashba. According to this, even Sephardic Jews may not freeze water, even in a time of need.
However, in practice, it appears that freeing water is permissible even for Ashkenazim, at least in a time of need. First, it is logical that the Ramban and the Rashba dispute the very basis of the Sefer Ha-teruma's view, and they believe that there is no prohibition of nolad unless an entirely new entity is created, not if something merely changes its form. (Indeed, there are those who understand this in the view of the Sefer Ha-teruma himself, as we have seen above.) Beyond this, it may be that freezing water is less significant than thawing ice and is allowed even according to the Sefer Ha-teruma, since water's solid state is a temporary situation, not natural for it, and it requires extreme cooling in order to exist. Simply, it may be that the prohibition of nolad is not applicable to something which does not last.
Practically, it appears that one may be lenient about this, at least when there is a need for Shabbat. Many halakhic authorities of the recent generation rule accordingly, among them the Shevet Ha-levi (Vol. III, Ch. 55), Rav S.Z. Auerbach (Shemirat Shabbat Ke-hilkhatah, Ch. 10, n. 14), the Tzitz Eliezer (Vol. VI, Ch. 34; Vol. VIII, Ch. 12), the Chelkat Yaakov (OC, Ch. 128-129) and the Minchat Yitzchak (Vol. VIII, Ch. 24).[6]