Halacha for Monday 20 Cheshvan 5783 November 14 2022

Permissible Forms of Selecting on Shabbat

In the previous Halacha, we have discussed the fundamentals of the forbidden work of selecting on Shabbat, which is just as severe as the prohibition to ignite a fire on Shabbat. We have also discussed an example of a forbidden form of selecting on Shabbat, i.e. if one sifts the waste out of flour on Shabbat using a sieve, one is liable for Shabbat desecration. Similarly, if one has sunflower seeds and watermelon seeds in a plate in front of him and only wishes to eat the watermelon seeds, the sunflower seeds are considered “waste” for this individual and it will therefore be prohibited to remove the sunflower seeds from the plate and place them elsewhere. We shall now discuss several permissible forms of selecting on Shabbat.

“Food,” “By Hand,” and “Immediate Use”
Selecting is only forbidden on Shabbat when this work is performed in its usual manner; the Torah does not prohibit selecting when performed in the manner people normally eat. For instance, if one has a dish of rice and beans before him and only wishes to eat the rice at the present time, one may remove rice from the plate and eat it, as this is not considered selecting. In order for selecting to be permissible on Shabbat, three conditions must be met. We shall now discuss each one.

“Food”
It is forbidden to select waste from food on Shabbat. We have already explained that anything which one does not desire at the present time is considered “waste” and the item which one does desire at the present moment is considered “food”. Thus, regarding the example we have cited above, if one has two different types of seeds before him and only wishes to eat from the watermelon seeds, although it would be forbidden to remove the sunflower seeds from the plate and place them in a different utensil, one may indeed take the watermelon seeds with one’s hand and eat them, for this is not the usual way “selecting” is performed; rather, this is considered a process of “eating” since one is selecting the “food” from the “waste” and not the opposite. The same applies to the dish of rice and beans in that one may remove the rice by hand and eat it since one is removing the “food” from the “waste.”

“By Hand”
One may not select on Shabbat using a utensil that is designated for selecting, such as a strainer; however, if one selects with his hand without making use of a utensil, this is not included in the forbidden work of selecting. (Obviously, this is only true when the rest of the conditions are met, i.e. that the “food” is selected from the “waste” and that this is being done for immediate use, as we shall soon explain.) Thus, in  our situation where the individual would like to select watermelon seeds from the sunflower seeds by hand, this is not considered selecting, since he is doing so without the use of a utensil.

“Immediate Use”
It is only forbidden to select on Shabbat if one plans to leave the item one has selected for a different time; however, if one selects in order to eat the item immediately, it is permissible. Thus, in the above case where one selects a watermelon seed or a grain of rice by hand and in order to eat it immediately, this does not constitute forbidden selecting on Shabbat.

All Three Conditions Must be Met at Once
As we have mentioned, selecting is only permissible when all three conditions are met at once. However, if one selects “food” from “waste” by hand but in order to eat it at a later time, one has transgressed the Torah prohibition of selecting on Shabbat. Similarly, Maran Ha’Shulchan Aruch (Chapter 319) writes: “If one selects ‘food’ from ‘waste’ by hand in order to leave it [for a later time], even if this is done for later on that day (such as for usage in a little later than half-an-hour), it is considered as though one has selected for the purpose of storing it in one’s warehouse [for long-term storage] and one is liable [for Shabbat desecration].”

Similarly, if one selects “food” from “waste” in order to eat it immediately but does so using a utensil designated for selecting, this is forbidden on Shabbat.

Summary: Selecting is forbidden on Shabbat. Thus, if one has a plate of watermelon seeds and sunflower seeds in front of him and only wishes to eat the watermelon seeds, one may not remove the sunflower seeds and place them in a different vessel. There are three conditions that, when met, make selecting permissible on Shabbat: “Food,” “By Hand,” and “For Immediate Use.”

“Food” means that one must select the “food” from the “waste” and not the opposite. In our scenario, this means selecting the watermelon seeds from the sunflower seeds.

“By Hand” means that one must remove the “food” from the “waste” using one’s hand and not with the use of a utensil designated for selecting, such as a strainer.

“For Immediate Use” means that one must select in order to eat immediately and not to leave it for a later time, such as for use in a half-hour.

If all three conditions are not met, one may not select on Shabbat. Thus, if one removed the watermelon seeds by hand in order to eat them in a half-hour from that point, this is a prohibited act of Shabbat desecration.

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