A number of weeks ago (Parshas Vayekhel, Booklet 210), we started discussing the melachah of mechatech [cutting], and in particular the shailah of opening bottles of wine on Shabbos. The plan was to continue our discussion for Parshas Pikudei, however, due to Purim and Pesach, we never got round to it. In this week’s parsha we learn about the various Yomim Tovim. However, before the parsha discusses all the various Yomim Tovim, we have a few short pasukim which talk about Shabbos, and how one should spend six days during the week doing melachah, and on Shabbos one should rest. Consequently, I would like to discuss a topic related to Shabbos and would like to revisit the shailah of opening bottles on Shabbos.
We concluded part one of our discussion by saying that if one forgot to open a bottle before Shabbos, there is an eitzah [solution] of making a hole in the bottle cap and then opening it. Before we return to discussing mechatech, I would like to discuss another issue which may arise when making a hole in the cap, the issue of giluy, the issue of leaving drinks uncovered.
How Big Does A Hole Need To Be, Before We Are Worried About Giluy?
If one makes a hole in the bottle cap to ensure that when opening it there is no problem of makeh bepatish [making a utensil], he may be saved from the problem of makeh bepatish, however, he may run into problems of giluy, especially if the wine bottle is left unwatched on the table. The Shulchan Aruch (Orach Chaim 272:1) rules, that one shouldn’t recite kiddush on wine that has been left uncovered. Although nowadays we are no longer worried about giluy, as there is no longer snakes around, and consequently there is no reason to be worried about them crawling into the drink and depositing poison. The Shulchan Aruch still rules, that when making kiddush one shouldn’t use wine that was left uncovered. The Mishnah Berurah (s.k. 3) explains, that when it comes to kiddush we are extra careful due to the rule of הקריבהו נא לפתחיך, a rule which dictates that when bringing korbonos and performing mitzvos, we only use the best items, and we don’t use item’s which we wouldn’t serve to an important king.
If one makes a hole in the bottle cap, the wine will be left partially uncovered. However, perhaps there is a difference if the bottle is left completely uncovered, or if it is mostly covered, with just a small area the size of a hole uncovered. The question is however, if we say a small hole is ok, how big is the hole allowed to be?
The Rambam (Hilchos Rotze’ach U’Shemiras HaNefesh 11:13) already teaches us that if there is just a small hole, we are not worried about giluy and he specifies the size which is ok. He writes: כמה יהיה בנקב כדי שתכנס בו אצבע קטנה של קטן - “What size hole is a problem? A hole big enough to place the small finger of a young child inside”. The Yerushalmi (Terumas 8:3) explains, that if the hole is smaller than this size, a snake is too scared to enter the bottle, as he is scared that he won’t be able to quickly get out. The Pri Chodosh (Yoreh De’ah 116) explains that the Yerushalmi (leshitosoi) is worried about a certain type of snake known as a shefifun, which is very small, about the size of a hair.
In regard to which little finger we are talking about, the Pri Chodosh based on the Yerushalmi explains, that we are talking about the small toe of a one-day old child. The Pri Chodosh explains, the hole doesn’t need to be big enough for the entire toe to enter, and as long as the top of the toe fits inside the hole, it is already big enough to be concerned about.
The Avodas HaMelech (Avodah Zorah, end of sefer in tziyun halachah s.k. 143) points out, that the aforementioned size is specifically in a case where the barrel is not full to the top, and in order for the snake to deposit its poison it must climb inside the barrel. If, however, the barrel is full to the top, then we are worried about giluy, even when the hole is smaller than the aforementioned size, as the snake can easily pop its head in, take a drink, and deposit some poison without fully entering.
Due to the above, if one makes a hole in his bottle of wine on Shabbos, he must make sure that there is constantly someone guarding the wine. If one is unable to constantly guard the wine, another option is to put the bottle of wine in the fridge. Although the Rambam (Hilchos Rotze’ach U’Shemiras HaNefesh 11:13) says, that if one places the wine inside a box or draw one must first check to ensure that there are no snakes inside, R’ Chaim Kanievsky testifies that the Chazon Ish (see aforementioned sefer tziyun halachah 142) held that when putting things inside a fridge there is no need to first check. Perhaps this is because the fridge is cold, and snakes don’t like entering cold places, or because normally people open and close the fridge and don’t leave it open when leaving the room, therefore, there is no concern that a snake may be inside the fridge, as if there was, someone would have noticed it.
Practically, nowadays, the wine inside a bottle doesn’t reach all the way to the top, and if a snake would want to deposit some poison it would have to climb inside the bottle. Therefore, as long as the hole is smaller than the size of a one day old babies toe, there is no concern of giluy.
נמר טעמו וריחו – The Taste and Smell Is Effected
Even if there is no problem of giluy, there may be another issue of נמר טעמו וריחו, which means that the taste and smell of the wine may be effected. If the wine is left with a hole in the cap, perhaps the taste and smell of the wine will be affected, which also causes problems when it comes to using the wine for kiddush? Although, one may think that the amount of time for the wine to get effected is a few days, the Shu”t Divrei Malkiel (4:1) says, that it doesn’t take that long, and if the wine is left uncovered, already after five/six hours the taste and smell is affected?
If one does what we mentioned above and stores the wine in the fridge, then the taste and smell won’t be affected. The Kaf HaChaim (272:9) speaks out clearly that the din of נמר טעמו וריחו, depends on the reality and not on the amount of time, therefore, as long as the wine is stored in the fridge, it would be ok. If one is unable to keep the wine in the fridge, another solution (which would solve the issue of giluy as well) would be to simply swap the bottle cap for another one which doesn’t have a hole in, or to put a plastic cup on top of the cap.
Various Arguments the Poskim Bring to Allow Opening Bottles on Shabbos
Many poskim are lenient and allow opening bottles of wine on Shabbos. The Shu”t L’Horas Nossan (7:21 and 8:19-20) and Shu”t Even Yisroel (end of Vol. 2; Vol. 7:16; Vol. 9:21) bring many reasons for why it is permissable. Below are four arguments the L’Horas Nossan brings as to why there is no problem of mechatech:
- The prohibition of mechatech is only when one wants to cut something into a specific size, and if it would be bigger or smaller he wouldn’t be happy. In our case, there is no nafkah minah [practical difference] if the cap is this big or that big, the intention of the one opening the bottle is simply to remove the cap. Although, practically, the cap will break in a specific place, as that is the thinnest part of the cap, the person opening it doesn’t really care, therefore, there is room to be lenient.
- There is no real need for the cutting, if one would be able to open the bottle without cutting or breaking the cap he would be more than happy to do so, therefore, there is no prohibition of mechatech. The L’Horas Nosan is me’orah [points out], that generally speaking, one wants at least some part of the cap to remain, so that he has something to cover the bottle with (see inside, where it’s clear that he holds that there is no problem of makeh bepatish by making the cap suitable to be a cap, unlike R’ Shlomah Zalman), nonetheless, since the one opening the bottle doesn’t really care about the size or place, and as long as there is some sort of cap he is happy, it’s not considered mechatech.
- Mechatech is only when through the act of cutting one intends to create a certain item or utensil of a specific size, such as one who cuts off the top of a feather. In our case, one isn’t trying to create a cap which has a certain size, one’s intention is merely to open the bottle. Even if the person wants the cap, in the end of the day he doesn’t care what size it is. Therefore, there is no melachah of mechatech.
- Another argument the L’Horas Nossan makes, is that on a de’O’raisa level according to the Mishnah Berurah (322:18), there is no prohibition of mechatech unless the melachah is done in a normal manner. The normal way to cut metal is to use a special utensil, consequently, if one opens a cap and breaks metal using his hands, he is doing mechatech in an abnormal manner. Although, a cap is marked out and is easy to open by hand, it’s only because the company has started the process and has made it easy, however, normally the way to cut metal is with using a special utensil, therefore, at most the melachah of mechatech in the case of opening metal bottle caps is derabbonon. Therefore, together with the above arguments, there is room to be lenient.
If a Bottle Was Opened In a Prohibited Manner, is the Cap Muktzeh?
Although we mentioned that a number of poskim allow opening bottles on Shabbos, there are still many poskim which hold that doing so is prohibited. According to these poskim, what is the status of the cap after such a bottle is opened?
R’ Shlomah Zalman (cited in Me’or HaShabbos, Vol. 2, pg. 612) rules, that if a bottle is opened on Shabbos, without first making a hole in the cap, the cap becomes muktzeh. Although the wine is permissible, that is because it’s possible to get to the wine without doing a forbidden melachah, i.e. one could make a hole in the lid and then open it, additionally, no melachah was done with the actual wine. However, in regards to the cap, since there is no permissible way for it to be taken off without making a hole and for it to be still fit for its purpose, therefore, it is forbidden to use.
This will make a big nafkah minah [practical difference] for someone who goes to a kiddush on Shabbos morning, and sees that there is a bottle sitting there which was clearly opened on Shabbos and now has the lid back on. Since the cap is muktzeh, it would be forbidden for one to open the bottle on Shabbos. Similarly, if the cap was found off the bottle, it would be forbidden for one to replace the cap on the bottle (see Me’or HaShabbos, Vol. 2, pg. 613 end).
However, the above chumrah [stringency] is not so simple. Although many hold that opening bottles on Shabbos is prohibited, there are certainly those that are lenient. Presumably, if one opened a bottle on Shabbos, he is of the opinion that doing so is permitted, since he maintains that doing so is mutar, perhaps the lid doesn’t become muktzeh. However, the Chazon Ish (Orach Chaim 49:16) writes, that if one is machmir not to eat matzah shruyah [soaked matzah] on Pesach, then such matzah is muktzeh for him - if one holds something is forbidden, for him it is muktzeh. Therefore, perhaps in our case as well, although the one opening the bottle holds that its permitted and for him it’s not muktzeh, for someone who holds that opening bottles if forbidden, for him it is muktzeh.
However, there is room to argue, that if the one opening the bottle relies on the poskim that maintain that doing so is allowed, then it’s a case of omer mutar [a case where one thinks that what he is doing is allowed] which normally we treat as a shogeg [accidental act]. The Mishnah Berurah (beginning of 318) cites the Gra who rules that when an act is done beshogeg, one is allowed to benefit from the melachah even on Shabbos if there is a need. Consequently, in our case, if the one opening the bottle maintains that doing so is permissible, and there is a need for the wine to make kiddush, there may be room for leniency.
Drinking Wine from a Bottle that Was Opened in a Forbidden Manner
After we have mentioned that according to many poskim there is an issur de’O’raisa to open a bottle of wine on Shabbos, and on the other side of the coin, there are a number of poskim that are lenient, the question is: If one maintains that doing so is forbidden and he is a guest at a shul or a sheva berachos, and someone opens a bottle of wine, is he allowed to benefit from it? Or do we perhaps say that since opening bottles is forbidden, there is a kenas [penalty] and one isn’t allowed to benefit from the wine?
The Mishnah Berurah (318:2) writes, that if one does a melachah on Shabbos which is subject to a machlokes haposkim if the act is prohibited or not on Shabbos, bedieved [post-facto] the item doesn’t become prohibited. The issur to benefit from such an act is rabbinic in nature, therefore, in a case which is subject to a machlokes we rule leniently.
R’ Moshe (Igros Moshe, Orach Chaim 4:119:5) discusses a similar shailah. He discusses if someone who maintains that opening cans on Shabbos is prohibited, may benefit from a can which was opened by someone who maintains that doing so is permissible. R’ Moshe writes, that since the one opening the can held that it’s permissible, and that we are dealing with an issur derabonon, there is room to be lenient. R’ Moshe adds, an additional reason to be lenient is because we don’t want it to look like the one who opened the can has done something wrong. The Shevet HaLevi (3:35) is also lenient in such a case, as in the end of the day there are poskim that are lenient (see at length, Me’or HaShabbos Vol. 1, 18:11).
May Someone Who is Stringent Ask a Friend Who Is Lenient to Open a Bottle for Him?
If one is noheg [takes on] not to open bottles on Shabbos, is he allowed to ask a friend who is lenient to do it for him?
R’ Shlomah Zalman Auerbach (Me’or HaShabbos Vol. 1, pg. 463) discuses a similar shailah. He talks about whether a Sephardi is allowed to give to an Ashkenazi a liquid which has not cooled down completely to place on top of a covered fire, which is according to the Rema (318:15) is allowed. He writes, that the above is an old machlokes, if one who doesn’t smoke on Yom Tov is allowed to give his friend who smokes on Yom Tov a cigarette. He rules, that if the one who is stringent holds its forbidden meikar hadin [according to strict halachah], then he isn’t allowed to, and it may even be lifnei iver. If, however, one is machmir because of a family minhag etc. then one may give him a cigarette and open a bottle for him, and there is nothing to worry about.
Similarly, R’ Yitzchok Zilberstein writes, that if we are dealing with a regular ba’al habayis, then presumably if he is being machmir, it’s not because he has been through the sugya in depth and this is how he came out, rather, he is doing It because of minhag, therefore, such a person may ask someone else to open a bottle for him. If, however, we are dealing with a ben Torah, then presumably if he holds its forbidden, it’s because he went through the sugya and came out it’s forbidden. For such a person, there would be an issue for someone else to open a bottle for him (for more on this, see Me’or HaShabbos, Vol. 2, siman 7, he’orah 71).
Strong Warning from the Poskim in Regards to Opening Bottles and the Like On Shabbos
The Minchas Shabbos (siman 80, s.k. 164, ois 9) writes: “It is fitting for one who worries for his soul to be stringent in regards to the above, especially when it comes to opening something which can easily be opened before Shabbos ... when it’s possible to prepare it before Shabbos, one shouldn’t rely on aforementioned leniencies. One who does is close to being negligent, as he could have easily opened it before Shabbos and he didn’t”.
Similarly, R’ Moshe (Igros Moshe, Orach Chaim 1:122, anaf 10) after he speaks at great length about all the shailas related to opening boxes, packages, tins etc. he writes: “All the above is the strict halachah, however, practically one shouldn’t be lenient nowadays. Unfortunately, there are few bnei Torah around, see Shabbos (139) where the Gemara says, that in a place where there are lack of bnei Torah, in regards to certain things we are stringent, in order that people don’t end up being too lenient. Certainly nowadays, in our weak generation there is a need to be stringent, and one should tear neither a bag, a garment, paper, containers ... one shouldn’t even cut or tear the strings around a bag, even if there is a need for doing so on Shabbos. Certainly things that are not needed for Shabbos and are only coming to add a bit of oneg Shabbos, one should refrain from opening on Shabbos – refraining from certain activities due to fear of transgressing Shabbos is the biggest kavad Shabbos that there is. If, however, there is a big need, such as a seudas nisuin, or one has invited guests and will be embarrassed he may tear open things using a non-Jew. If there is no non-Jew, if he is a talmid chocham, in private he may open certain things, however, only items that are permissible to open on Shabbos. To break open a complete vessel, there is no heter, even for a talmud chocham, and even in private. Even using a non-Jew is only allowed if there is a big need.”
I heard a fascinating shiur from the mechaber of the sefer Me’or HaShabbos, R’ Moshe Yadler shlita, which we quoted numerous times above. He mentioned that he once went to speak to R’ Chaim Kanievsky zt”l about opening various different packages on Shabbos, and to every question he asked, R’ Chaim responded with the same words in a niggun [tune]: לא פותחין שום דבר בשבת - “we don’t open anything on Shabbos”.
He also related that R’ Chaim showed him, how everything in the fridge and freezer had already been opened before Shabbos. R’ Chaim told him, that before placing anything in the fridge or freezer it gets opened.
There is a Gemara in a number of places which says that there is a chazakah [assumed status] that if one finds food in the house of a chover [meticulous person], one can assume that terumas and ma’asros has already been taken. I feel, that if one honestly wants to avoid any shailos of kore’ah [tearing], makeh bepatish, mechatech etc. on Shabbos, as soon as any new items are brought into the house, whether it’s bottles, tissues, packages, tins, etc. they should all be opened straight away. If one doesn’t want to open a tuna tin which he wants to eat for Shabbos on Sunday, then at least on Friday afternoon he should go around the house and make sure that everything that is needed for Shabbos is opened. However, when it comes to items like bags of tissues, why not open them up straight away, and avoid serious questions of chillul Shabbos.
