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Shabbos 37

1) PLACING FOOD INSIDE A "KIRAH" RIGHT BEFORE SHABBOS

QUESTION: Rav is quoted as saying that when our Mishnah says that one may place food on a Kirah, it means only on *top* of the Kirah, but not *inside* the Kirah, for placing food inside the Kirah is more stringent than placing food atop the Kirah.

The Gemara says that if our Mishnah is like Chananyah, it makes sense why it is forbidden to place food inside the Kirah (see below). But if our Mishnah is like the Rabanan, there should be no difference between on top of the Kirah and inside of the Kirah (because placing food atop the Kirah is permitted only if the coals were cleared away or covered. But if the coals were cleared away or covered, it should also be permitted to put the food inside the Kirah!).

According to Chananyah, what is the difference between placing food inside the Kirah and placing food on top of the Kirah? Rashi (DH Hayinu) explains that since Chananyah permits Shehiyah even when the coals were not cleared away, he cannot be permitting food to be placed inside the Kirah, because the coals are still there and doing so would constitute performing Hatmanah in a material that adds heat, which is forbidden (see Insights 34:1:a:3).

TOSFOS (DH Ela Iy) asks that placing food inside the Kirah cannot actually be considered Hatmanah in coals, because we find that Chananyah permits placing dough in an oven before Shabbos as long as there is time for its surface to become crusted before Shabbos (20a). Placing food inside an oven is apparently *not* considered Hatmanah in a material that adds heat. If so, why is it forbidden to place food inside a Kirah according to Chananyah?

ANSWER: Tosfos answers that when the Gemara said that placing food inside the Kirah is forbidden, it is referring to *Chazarah* *on* Shabbos, and not Shehiyah before Shabbos. On Shabbos, it is forbidden to put a pot of food back *inside* a Kirah because it looks too much like actual cooking (see Insights to Shabbos 36:3:b).

37b

OPINIONS: Chananyah and the Rabanan argue whether, right before Shabbos, one may place food that is cooked k'Ma'achal Ben Derusai on top of a stove whose coals are not cleared away or covered. What is the Halachah?

(a) RASHI (DH v'Rav Sheshes) and TOSFOS (DH Amar Rav Sheshes) in the name of RABEINU CHANANEL write that the Halachah is like Chananyah, and one *is permitted* to do Shehiyah and place food on a stove whose coals have not been cleared away or covered as long as the food was precooked k'Ma'achal ben Derusa'i.

(b) The ROSH (3:1) cites many Rishonim who say that it is *prohibited* to do Shehiyah on an uncovered flame (included among them are the RIF and RAMBAM). The Rosh is inclined to be stringent as well.

HALACHAH: The SHULCHAN ARUCH (OC 253:1) cites both opinions of the Rishonim. He first cites the opinion of the Rosh, Rif, and Rambam (b). Then, the Shulchan Aruch cites the opinion of Rashi and Tosfos by saying, "And there are those who say...." The BI'UR HALACHAH points out that the fact that the Shulchan Aruch cited the opinions in this fashion shows that he holds like the first opinion, and is inclined to be stringent.

The Bi'ur Halachah adds that we should not reprimand one who is lenient and relies on the opinion of Rashi and Tosfos; as the Rosh writes, "Because there is a major argument as to how to rule in this matter, and the Jewish People are very attached to the Mitzvah of Oneg Shabbos and will not listen to us if we tell them to be stringent, therefore we should leave them to practice their custom of relying on those who rule like Chananhah." However, for oneself (as opposed to instructing others what to do), one should be stringent and not do Shehiyah on an uncovered flame with a food that is not completely cooked (or with a food that will improve in taste the more it is cooked), unless there are extenuating circumstances pressing him to do so, such as if guests showed up at one's home not long before Shabbos.