Shulchan Aruch: Chapter 511 - That Kindling a Fire and Heating Water are Permitted on a Festival

Beitzah 21b.

Shabbos 40a. As explained in that source, the Sages forbade bathing in a bathhouse on Shabbos, because the bathhouse attendants would heat the water on Shabbos, claiming that they had heated it before Shabbos. For this reason, it is absolutely forbidden to bathe on Shabbos. This is reflected by the Alter Rebbe's ruling in sec. 326:1:

>>[Our Sages] prohibited any person from bathing with hot water even outside a bathhouse cared for by an attendant. [It is] even [forbidden] to pour [hot] water over one’s body to rinse oneself, even though this is not the manner in which one bathes in a bathhouse, for in a [bathhouse] one submerges his body and limbs into the water, [and in this instance, one is pouring the water over his body].

>>[It is] even [forbidden for a person] to wash each of his limbs individually instead of washing the majority of his body at once, for our Sages did not make distinctions with regard to their decrees – and [washing in this manner] somewhat resembles bathing in a bathhouse [where] one washes his entire body or the majority of it.

Although, as is evident from the Alter Rebbe’s rulings here, the laws regarding bathing are somewhat more lenient on a festival, some restrictions still apply.

The Alter Rebbe is explaining a general principle in halachah. Although the Sages issued decrees to safeguard the observance of various Scriptural Laws, additional safeguards are not instituted to ensure the observance of these Rabbinic decrees. The Alter Rebbe mentions this principle in many places, including sec. 252:18, sec. 303:23, sec. 338:5, sec. 346:3, et al.

See Shabbos 40a.

In his Kuntreis HaShulchan, Rav Chayim Naeh maintains that this subsection contains a printer's error, and this sentence is not a separate paragraph but rather a continuation of the previous one. Hence, according to Rav Chayim Naeh, the text should read: “In a bathhouse, by contrast, it is forbidden to wash even merely one’s face, hands, and feet with hot water [on a festival], or even rinse one's body with hot water that was heated before the festival.”

Rinsing refers to superficially applying water to the body rather than washing it thoroughly.

Shabbos 38b.

Yoma 78b. See also sec. 616:1. In that source, the Alter Rebbe discusses – and forbids – washing an infant on Yom Kippur with hot water, even if the hot water was heated before Yom Kippur. This ruling is similar to the Alter Rebbe's ruling in sec. 326:1, where the Alter Rebbe rules regarding bathing on Shabbos.

In that source, the Alter Rebbe explains that a person may cook food on a festival for after the festival, provided he eats some of the food on the festival. Furthermore, the Alter Rebbe explains that the food being prepared for after the festival must be placed on the fire at the same time as the food being prepared for the festival. The Alter Rebbe emphasizes that the person is forbidden to add the food he is cooking for after the festival to the pot after the food for the festival has been placed on the fire. The Alter Rebbe's ruling in this subsection is similar, in that one is permitted to heat water for a purpose permitted on the festival and for bathing an infant, provided all the water is placed on the fire at the same time.

See subsection 5, below.

Shabbos 40a.

See sec. 639:22. The Alter Rebbe explains his lenient ruling in that source by giving this same reason as he gives here.

Beitzah 23a, Shabbos 134a.

See sec. 507:12; sec. 510:8; and sec. 514:2, 4. In these sources, the Alter Rebbe also mentions extinguishing a flame when doing so serves a purpose but is not considered as meleches ochel nefesh, a melachah that is performed for the sake of preparing food for the festival.

Beitzah 22b.

Beitzah 22b-23a.

See footnote 26, below, which summarizes the Alter Rebbe’s Kuntreis Acharon (note 1). In this Kuntreis Acharon, the Alter Rebbe explains that his ruling in this subsection is based upon a passage in Beitzah 22b-23a. The Alter Rebbe explains that by placing the fruit over the smoking spices, the person is imparting fragrance to the fruit, which in and of itself is forbidden on a festival. However, since in the instance described in the present subsection, the person's intent is not to have the fruit absorb the spices' fragrance, but rather to have the fruit absorb their flavor, his act is permitted.

See subsection 1, above. See also sec. 495:3-4.

Shmos 12:16, as interpreted by Kesubos 7a. Shmos 12:16 uses the words לכל נפש, which are normally understood as meaning, “for every person.” However, the Sages in Kesubos 7a interpret these words as meaning something that is needed by people in general, and not merely a select, pampered few. This interpretation is reflected by our translation of the phrase לכל נפש as, “by any person.”

Beitzah 22b. See also subsection 7, below.

Kesubos 7a.

See sec. 495:3-4.

See subsection 5 above, and footnotes.

See subsection 4, above.

In his Kuntreis Acharon (note 1), the Alter Rebbe elaborates in support of his ruling in the main text, that adding spices to foods solely to impart the spices’ fragrance, but not their flavor, is forbidden on a festival, comparing this practice to perfuming clothes on a festival, which is also forbidden. This ruling is based upon the interpretation of Beitzah 22b-23a by Shitah Mekubetzes.

Beitzah 22b-23a presents the following debate among the Sages, regarding this practice:

>>A question was raised [before the Sages:] What is [the law] regarding smoking [fruit on a festival with spices in order to enhance its fragrance]?

>>Rav Yirmeya bar Abba quoted Rav as saying: It is prohibited. Shmuel said: It is permitted. Rav Huna said: It is prohibited because [the person] extinguishes [some of the coals] when he sprinkles the spices on them].

>>Rav Nachman said to him: Let the master say [that it is prohibited] because he kindles [the coals, since afterwards, the spices will cause the coals to burn even more powerfully]?

>>[Rav Huna] said to him: [Two prohibitions are indeed violated:] In the beginning, he extinguishes, and later, [that leads to] kindling.

>>Rav Yehudah said: [Sprinkling the spices] on the coals [themselves] is prohibited. [Sprinkling spices on hot] earthenware is permitted.

>>Rabbah said: Placing the spices on [a hot piece of] earthenware is also prohibited, because it produces a new scent [and one may not create a new entity on a festival]. Rabbah and Rav Yosef both said: It is prohibited to overturn a cup containing perfume onto silk garments on a festival. What is the reason for this prohibition? It is because [doing so] produces a new fragrance [in the garment].

The Alter Rebbe explains that Shitah Mekubetzes maintains that the ruling in this passage is teaching that just like it is forbidden to produce a new fragrance in garments, it is likewise forbidden to produce a new fragrance in fruits or other foods. Therefore, smoking fruits with spices on a festival is forbidden. The Alter Rebbe explains that Rashi’s commentary on the passage leads to the conclusion that there is no prohibition against producing a new fragrance in foods. This can be derived from the next portion of the passage in Beitzah, loc. cit.:

>>How does [this case] differ from [the following teaching]: One may press [a piece of aromatic wood between his fingers] and smell it, and one may [also] snip off [a piece of aromatic wood in order to release its fragrance] and smell it? [I.e., in those cases as well, the person] produces a fragrance.

>>There, the scent exists in any case; he [merely] adds to the fragrance, [for his pressing or snipping increases the potency of the fragrance.] Here, [by contrast, by pouring a cup of perfume on to clothing, the person] produces [a new] fragrance [in the clothing].

>>Rava said: [It is] even permitted [to sprinkle the aromatic spices] on the coals [themselves when smoking fruit,] just as it is [permitted to place] meat on coals [for roasting.]

The Alter Rebbe then explains that Rashi understands Rava's concluding statement as meaning that there is no prohibition against producing a new fragrance when preparing food on a festival. However, Shitah Mekubetzes interprets Rava's statement as referring to the prohibitions of extinguishing and kindling coals mentioned earlier in the passage, rather than to the concept of producing a new fragrance that immediately precedes it. The Alter Rebbe's rulings in subsections 3-4 above are in accordance with this understanding. With regard to intentionally producing a new fragrance, Shitah Mekubetzes maintains that Rava agrees with Rabbah, who initially ruled that it is forbidden to create a new fragrance on a festival. This understanding is reflected by the Alter Rebbe's ruling in the main text here, that fruit may only be smoking over spices if the person's intent is for the fruit to absorb the spices' flavors.

Many of the Acharonim, including Turei Zahav 511:8 and Magen Avraham 511:11 rule in accordance with Shitah Mekubetzes. However, Chacham Tzvi (responsum 92) differs with their understanding, and rules in accordance with Rashi, arguing strongly that there is no prohibition against producing a new fragrance in foods and liquids on a festival. Chacham Tzvi maintains that the concept of p’sik raishah – that the inevitable, but unintended consequence of an intentional act is considered to have been brought about intentionally – does not apply to a fragrance that is produced as the result of another action.

The Alter Rebbe rejects these arguments,and questions Rashi’s approach. Thus, the Alter Rebbe concludes that Rava’s statement in Beitzah 22b-23a only leads to a lenient ruling regarding the prohibitions of extinguishing and kindling coals, but not regarding producing a new fragrance.

Beitzah 23a.

See sec. 502:1, where the Alter Rebbe rules in a similar manner. See also sec. 318:25 and sec. 320:16 where with regard to Shabbos, the Alter Rebbe speaks of the prohibition against creating a new entity.

See sec. 495:2.

See Kesubos 7a.

As mentioned in the Kuntreis Acharon (note 1), even though it is a p’sik raishah, an inevitable outcome, that the fruit will absorb the spices’ fragrance together with their flavor, the Sages ruled leniently. See footnote 25, above.

Beitzah, loc. cit. In his Kuntreis Acharon (note 1), the Alter Rebbe explains that the principle of p'sik raishah, that the inevitable result of an intentional act is considered to be an intentional act, does not apply to fragrance, provided the person does not intend to impart the fragrance to the substance. In his Kuntreis Acharon (note 2), the Alter Rebbe refers back to his explanations in note 1.

See sec. 321:7. In that source, the Alter Rebbe mentions that it is forbidden to perfume garments on Shabbos, and refers to this subsection.

This is intended to enhance the honor and respect granted the kohanim and their blessings. See sec. 128:8-11.

See footnote 25 above, which presents Kuntreis Acharon (note 1). In that Kuntreis Acharon, the Alter Rebbe explains that the source for this ruling is Turei Zahav 511:8 and Magen Avraham 511:11. The Alter Rebbe notes that Chacham Tzvi (responsum 92) differs with this ruling, and differentiates between applying fragrant substances to garments (which Beitzah 23a explicitly forbids) and applying fragrance to other entities, including the human body. Although some contemporary authorities permit women to apply perfume on festivals based on this responsum of Chacham Tzvi, it is clear from this Kuntreis Acharon that the Alter Rebbe would forbid doing so. Nevertheless, if a woman had already applied a given perfume before the start of the festival, she may apply more of that same perfume on the festival, provided the scent from the original application is still perceptible. The rationale is that if there is still a scent from the original application, the woman is not considered to be applying a new fragrance.

This Kuntreis Acharon also provides insight into the permissibility of using deodorant on Shabbos and festivals. The Alter Rebbe’s rulings lead to the following conclusions:

a) It is permitted to use an unscented deodorant. The rationale is that the person’s intent is to remove an unpleasant odor, and the deodorant itself does not impart any fragrance.

b) It is permitted to apply scented deodorant, provided the person’s primary intent is to remove unpleasant odors, and not to apply the fragrance included in the deodorant.