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Borer Condition 1 – Selecting What One Wants

  • As mentioned in the introduction, the first condition to permit an act of Borer, selection, on Shabbos is that one must take out the desired object from the mixture. By contrast, it is forbidden to remove the undesired object from the mixture
  • For example, if one has a mixture of hazelnuts and almonds and wishes to only eat the almonds, one must take out the almonds and not the hazelnuts even where this requires more effort. Or if one has a bunch of grapes with some grapes that have started to rot one should only take off the good grapes, not remove the bad ones (SSK 3:23).
  • Below we consider some exceptions to this rule:

Removing Items on Top to Access Those Underneath

  • Where the two types of objects are in layers, ie one is on top of the other without them being mixed with each other – if the items on top are not merely ‘undesired’, but is also considered ‘waste’, one may not remove it to access the layer of desired objects underneath. However, if the top layer is just a different type of object, which in and of itself is not waste, one may remove the top layer to access the items in the bottom layer, even for non-immediate use – given the different types are in distinct layers, we do not treat them as a mixture (BH”L 319:3 D”H Le’echol, SSK 3:5m fn10)
    • Therefore, if one has grapes sitting upon plums and one wishes to eat the plums, one may remove the layor of grapes in order to access them (SSK 3:45).  However, if the top layer of fruit is rotten, one may not remove them to access the desired fruit underneath, as removing the rotten fruit is considered as perfecting the fruit underneath and so remains forbidden under the melacha of borer (SSK 3:45)
    • This leniency applies only when one is removing the top layer; however, if one is not removing the top layer, but rather is putting one’s hand in to take something from the bottom layer, this is only permissible if one is doing so for immediate use (OS 3 fn143).
  • Similarly, if there are several garments hanging on top of each other on the wall, and in order to access the garment one wishes to wear, one must remove the garments on top, this is permissible (MB 319:15).
  • By this logic, SSK also permits one to search through a card index for a particular card one needs for immediate use even though one will be flicking past cards one does not want in order to find the one that one does (SSK 3:47).

Peeling

  • It is permitted to remove the peel of fruits, vegetables etc immediately prior to consumption (generally using a peeler is forbidden though, we discuss these halachos in more details in the page of ‘Food Related Applications of Borer‘), even though the peel is often considered ‘undesired’, as this is the usual manner of eating this produce given there is no other way to access it. (R 321:19, BH”L D”H Liklokf, SSK 3:33)

Fat or liquid on top of food

  • Where milk has a layer of fat that has risen to the surface, as they are touching this is considered a ‘mixture’ between the fat and the milk; as such one may only pour off the layer of fat immediately before consuming the milk, without using a special instrument, and only where the milk is inaccessible without doing so (in which case it is considered like a peel); if it can be accessed without removing this layer of fat then one may not remove it. The same applies to liquid that collects at the top of yoghurt or cream cheese. (SSK 3:20, 50, fn 146, 147)

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Halachos are based on Mishna Berura and Shmiras Shabbos Kehilchoso, reflecting Ashkenazi practice

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