Question:
L’chvod Rav
If a Yisroel is Over on Chazarah on Shabbos even if the food is Mitztamek vyafeh Lo it has the Dinim of Uvar Vsha’ah. (Mishneh Berurah Siman 253 S’K 35) Which would result in the food being Asur to him Ad Motzei Shabbos…
I was wondering why when one is Over on Chazarah, an Issur D’rabbanan (Mechzi Kmvashil) it cause the food to become Assur to have hana’ah from? But If you take a look in Siman 318 Mishneh Berura S’K , Its brought from the G’ra that if one is Over an issur D’rabbanan on Shabbos it is NOT Assur to have Hana’ah from it.
I am familiar with the Gemara in Shabbos which tells us why when one is Over on Shehiya B’Shogeg we are more stringent than any other D,rabanan. Because we are afraid if we matier the food, then the following week people will do it B’meizid, and claim it was only done B’shogeg, thereby allowing them to eat it.
Is that reasoning applied to Chazarah as well?
First off the Gemara never mentions it in regards to chazarah. Also, if we do apply it to Chazara too, why then would we not apply it to any other Issur D’rabbanan on Shabbos, people may claim that they only did it B’shogeg!
Thank you in Advance
Aryeh Magid
Answer:
- There are essentially three issues with doing chazara, 1. It could be bishul, ( if the food isn’t fully cooked, or liquid that cooked down). 2. Nesina l’chatchila, it appear to be placing in the fire for the first time, and it looks like cooking. 3. Shema yichate bgacholim- maybe he will stir the coals, since he wants the food to heat up. Regarding the third issue, shehiya and chazara are the same issue, it is just that chazara is more strict in this regard, (see Shabbos 36b) and even if it was mistakenly returned, since he did an action by returning it, it is more strict. See M:B 253-35.
- Interesting point. The Gemorah Shabbos 38a says that since people are lax regarding this halacha d’rabonon, and may come to fool and say that they did it b’shogeg, therefore they were machmir. See Shmiras Shabbos Khilchoso Introduction ftnt. 168, who brings from the Rashba that shehiya is more strict because it is an issur d’rabonon without an action. This can cause people to want to fool easily since no action was done, he can always say he forgot. Also see Piskei Tesuvos 253-ftnt. 89 in the name of Pri Megadim (Although I could not find it inside) that shehiya is an issur that is lax in the eyes of people, therefore by this specific issur they were more strict. (Although you could ask that if the original reason for being strict was because it doesn’t have an action, why should chazara be worse in this regard? It could be that the original gezeira was because people were lax with shehiya, but once the gezeira is there, chazara is still worse, but I am not sure about this point).
Best wishes
