Shulchan Aruch: Chapter 514 - The Prohibition Against Extinguishing [a Fire] on a Festival

Beitzah 22a.

In that source the Alter Rebbe explains:

>>There are authorities who maintain that all [acts] forbidden by our Sages regarding a fire [that broke out] were forbidden only in their time, when the Jews did not dwell among non-Jews. [Indeed, in the Talmudic era,] even when [Jews lived] in exile, they lived in their own neighborhoods. In the present era, by contrast, [different laws apply with regard to] those [Jews] who live among non-Jews. There is a threat of mortal danger when a fire intensifies, for then [the non-Jews] seize [property] and pillage. When a person will rise to defend his property, [the non-Jews] will kill him. [Therefore,] it is permitted [for adult Jews] to extinguish the fire on Shabbos, even if the fire is burning in the house of a non-Jew. For there is concern that the fire will increase in intensity and [the non-Jews] will come to seize [property], pillage, and murder.

>>[Hence,] anyone who eagerly and wholeheartedly extinguishes [the fire] is praiseworthy. Nevertheless, every [situation must be judged] according to the [prevailing] circumstances. If [the people in a certain region] are totally confident that [a ravaging fire] will not lead to [a situation involving] mortal danger, it is forbidden to extinguish [the fire on Shabbos]. If, however, there is concern that [a situation involving] mortal danger [might arise], it is permitted to extinguish [the fire]. This is the prevailing custom.

In his Kuntreis Acharon to this section (note 1), the Alter Rebbe refers to his Kuntreis Acharon to sec. 495 (note 4, summarized in footnote 30 of that section), where, as in the main text here, he defines the term machshirei ochel nefesh as activities that enable the preparation of food, but which are not performed with the food itself.

As explained in sec. 495:4 and 509:4, machshirei ochel nefesh are not permitted to be performed on a festival if they could have been performed before the festival. The Alter Rebbe issues a lenient ruling here, because in the instance presented in this subsection, there is no way the person could have performed the activity – i.e., extinguished the fire – before the festival. Hence, it is permitted to extinguish the fire on the festival.

Avnei Nezer (Orach Chayim, responsum 409), discusses the difference between this lenient ruling, and the Alter Rebbe’s more stringent rulings in subsection 3 and subsection 5 below. Avnei Nezer notes that the Alter Rebbe differentiates between machshirei ochel nefesh – preparatory activities that enable eating – and other preparatory activities that enable a person to experience physical satisfaction. The Alter Rebbe only rules leniently with respect to performing preparatory activities on a festival when the following two factors exist: a) it was not possible to perform the activity before the festival, and b) the activity is considered to be machshirei ochel nefesh, i.e., it is being performed to enable the person to partake of his festive meal. However, it is not permitted to perform preparatory activitiesthat enable a person to experience other types of physical satisfaction. This is reflected by the Alter Rebbe’s rulings in sec. 509:4, in subsection 1 above and at the beginning of this subsection, and in subsection 3 and subsection 5 below.

See footnote 8 below, where this issue is discussed further.

See sec. 509:1. In that source, the Alter Rebbe rules regarding a similar activity – straightening a spit that became crooked on a festival. The Alter Rebbe classifies straightening the spit as machshirei ochel nefesh. Although the activity is performed with a utensil (i.e., the spit) and not with food, the activity is permitted because without its performance, the person would not be able to prepare his food, and because in the instance presented, the spit could not be straightened before the festival.

The Alter Rebbe is referring to an instance in which there is no danger of the house burning down. Rather, the house has become filled with smoke, and it is therefore unpleasant to sit inside it.

Beitzah 22a.

The Alter Rebbe’s ruling here reflects his understanding of machshirei ochel nefesh as activities that make it possible to prepare food, as presented in his Kuntreis Acharon (note 4) to sec. 495. In that Kuntreis Acharon, the Alter Rebbe refers to the passage from Beitzah, loc. cit., where the rulings here and in subsections 4 and 5 below are stated.

In note 4 of the Kuntreis Acharon to sec. 495, the Alter Rebbe explains that the term machshirei ochel nefesh refers to preliminary activities that indirectly enable a person to derive satisfaction from food. This is in contrast to the term meleches ochel nefesh, which refers to activities that directly enable a person to derive enjoyment from food. Meleches ochel nefesh may be performed on a festival, while as a general rule, machshirei ochel nefesh maynot. Hence, the Alter Rebbe issues a stringent ruling here, forbidding the person to extinguish the burning wood.

In the course of his discussion of his rulings in these three subsections in the Kuntreis Acharon, loc. cit., the Alter Rebbe refers to his ruling in sec. 495:3:

>>The Sages received [the tradition] that since all the melachos ochel nefeshwere permitted entirely on festivals for the sake of [preparing] food [and drink] for the festival, the Torah also permitted them entirely, [i.e.,] even when they are not being performed for the sake [of preparing food] to be eaten on the festival. [However, for these activities to be permitted, their performance must satisfy] at least some need on the festival, even though they are not [being performed] for the sake [of preparing food] to be eaten, but rather for the sake of some [other] physical satisfaction [or benefit], or for the sake of a mitzvah.

The Alter Rebbe then combines the insights from these two concepts, and explains his rulings in this section. He clarifies that the ruling in sec. 495:3 is only applied when the activity in question directly enables physical pleasure (i.e., it is classified as meleches ochel nefesh). However, when the activity merely facilitates such pleasure indirectly (i.e., the activity is classified as machshirei ochel nefesh), then the activity is not permitted on a festival. In the instances mentioned here and in sec. 495:4, extinguishing the wood (in this subsection) or chopping wood into small pieces (in sec. 495:4) would have indirectly enabled physical pleasure. Hence, the license to perform melachah mentioned in sec. 495:3 is not applied to them.

Since the food can be saved without extinguishing the burning wood, it is not necessary for the person to extinguish the wood to save his food from being ruined.

The Alter Rebbe uses the word mamash, which we have translated as “actually,” to distinguish the instance mentioned here from instances mentioned in sec. 510:8 and 511:3-4. In sec. 510:8, the Alter Rebbe forbids extinguishing coals as part of the process of sweetening mustard so that it can be eaten with meat. However, in that instance, although extinguishing the coals will help prepare the mustard to be eaten with meat, nevertheless, most people would find the meat to be edible without the mustard. Therefore, it is not permitted to prepare the mustard by extinguishing the coal. In the instance mentioned here, by contrast, the food would not cook properly and therefore, not be edible if the wood was not extinguished.

Similarly, in sec. 511:5, the Alter Rebbe rules that “it is forbidden to kindle wood so that one will be able to spread spices on their coals and [place] fruit [on them]” to flavor the fruit because the coals will be extinguished slightly when the spices are placed on them. Since “the flavor of the spices is not [considered] necessary for all people, only for the delicate and the pampered,” extinguishing the coals by placing the spices on them is not considered meleches ochel nefesh.

Beitzah 22a. Covering the lamp is necessary because it is forbidden to engage in marital intimacy in a lit room (see the Shulchan Aruch of Rav Yosef Caro, Orach Chayim 240:11).

See the Kuntreis Acharon (note 4) to sec. 495, where the Alter Rebbe discusses this ruling. See also footnote 8 above, where that discussion is summarized.

See also footnote 4 above, which refers to Avnei Nezer (Orach Chayim, responsum 409). Avnei Nezer explains that the leniency permitting activities which are classified as machshirei ochel nefesh to be performed on a festival only applies if the activities could not be performed before the festival, and only if the activities enable eating. However, as Avnei Nezer specifies, the Alter Rebbe’s lenient ruling does not apply with regard to activities that enable a person to experience other types of physical satisfaction.

In that source, the Alter Rebbe writes: “It is permitted to place an overturned earthenware bowl above a lamp so that the flame will not catch on a [wooden] beam [located above the lamp]…. How much more so is it permitted to place [the bowl] over the lamp to permit intimacy. Nevertheless, [in the above instances,] one must leave some space below [the bowl]; otherwise, the lack of air will cause the lamp to be extinguished.”

In that source, the Alter Rebbe writes: “Making a temporary divider is never forbidden except when one does so [for a purpose of halachic significance, e.g.,]… to permit [an act that would otherwise be] forbidden. For example, one [might] erect a partition ten handbreadths in height in front of sacred texts by spreading out a sheet or a mat so that one will be permitted to engage in marital intimacy in that room.”

Beitzah 22a. The Alter Rebbe is referring to a person who tilts an oil lamp, thus reducing the flow of oil to the wick. This will cause the lamp to burn out more quickly than if it was left alone.

Beitzah, loc. cit.

See sec. 265:1, where the Alter Rebbe mentions a similar prohibition with regard to oil lamps burning on Shabbos.

See subsections 24-25 below, where the Alter Rebbe discusses the laws pertaining to using a lamp’s kindling fuel after the flame went out.

As soon as the person removed the burning wick from the lamp, he violated the prohibition against extinguishing a flame, because the flame became dimmer. Once that prohibition was violated, the situation cannot be remedied.

Marei Mekomos VeTziyunim compares the Alter Rebbe’s ruling here with his ruling in sec. 502:7 regarding moving logs from one side of a bonfire to the other, and questions why the Alter Rebbe issues a lenient ruling in sec. 502:7, and a stringent ruling here.

Marei Mekomos VeTziyunim resolves this difficulty by noting that in sec. 502:7 the Alter Rebbe states, “it is possible that [the logs] will not be extinguished at all, and [the person] has no intent to extinguish them.” Although the person moving the burning wick from one lamp to another lamp has no desire to extinguish the wick, it is nevertheless very likely that the flame will go out when the wick is being moved to the second lamp. This is in contrast with a burning log, which will most likely remain lit while being moved. Therefore, the Alter Rebbe renders a more stringent ruling here.

This statement seems to contradict the ruling in subsection 6, above. However, in this instance license is granted to lift and tip the burning oil for the reason the Alter Rebbe proceeds to state.

This explanation resolves the apparent contradiction between the ruling issued at the beginning of the subsection and this ruling.

See the last clause in this subsection.

I.e., it is permitted to melt the wax from the middle of a candle until the wick is exposed, and to then kindle the exposed portion of the wick, thus dividing the candle in two.

In his Kuntreis Acharon (note 2), the Alter Rebbe cites the source for this stringency, noting that he is ruling in accordance with Rabbeinu Asher (Beitzah 2:17). The Alter Rebbe also notes that Rabbeinu Asher’s stringency is quoted by both the Tur andthe Shulchan Aruch of Rav Yosef Caro (Orach Chayim 514:3), and was accepted by Maharshal (Yam shel Shlomoh, Beitzah 2:28) and Turei Zahav 514:10. The Alter Rebbe explains that he ruled stringently in this matter, because ruling leniently may involve transgressing a Scriptural prohibition (i.e., performing a melachah on a festival that is not directly associated with the preparation of food).

Nevertheless, in that same note, the Alter Rebbe substantiates his lenient ruling earlier in this subsection, permitting a person to divide a candle into two candles by lighting it in the middle, and then having two lit candles. The Alter Rebbe explains that this ruling is based upon that of Rama (Orach Chayim 514:3).

See subsection 19 below, where the Alter Rebbe issues a similar ruling regarding shortening a wick.

See sec. 265:9, where the Alter Rebbe rules that, before Shabbos, a person is permitted to place water in an oil lamp so that the lamp will burn out before the fire reaches its base. The rationale for this ruling is that, “in essence, one is not extinguishing [the fire] at all. For the wick would burn itself out when the oil is completed even if one were not to place water [in the bowl].” Moreover, in that instance, “The water does not hasten the extinguishment of the fire at all. It only elevates the oil.” By contrast, in the instance mentioned here, placing a candle in sand will cause it to burn out faster.

See sec. 265, where the Alter Rebbe presents some of the laws pertaining to oil lamps on Shabbos.

In his Kuntreis Acharon (note 3), the Alter Rebbe mentions that it is permitted to cause a fire to be extinguished more rapidly for the sake of a great need (i.e., it is likely the fire might spread). Similarly, certain leniencies are granted for the sake of a mitzvah, as stated in subsection 21 below.

In that Kuntreis Acharon, the Alter Rebbe also notes that Turei Zahav 514:6 maintains that it is permitted to cause a fire to be extinguished more rapidly even when only an ordinary loss is involved. Nevertheless, Rama (Orach Chayim 334:22) rules stringently in this matter, and cites Mordechai’s stringent ruling as support for his position. Since none of the later commentaries to that section of Rav Yosef Caro’s Orach Chayim object to Rama’s ruling, the Alter Rebbe assumes that this position is accepted. Therefore, the Alter Rebbe rules stringently, and only grants leniency in the case of a great loss.

The Alter Rebbe is lenient regarding how he defines a “great need or loss,” and includes a person’s private property and personal comfort in that classification.

Shabbos 120b.

See the Kuntreis Acharon (note 1) to section 277. In that source, the Alter Rebbe emphasizes that the prohibition mentioned in this subsection applies even when there is no wind blowing.

See sec. 277:4, where the Alter Rebbe specifies that on Shabbos, it is forbidden to cause a fire to burn more strongly. Hence, it is forbidden to open a window or door opposite a fire on Shabbos.

However, as reflected by the Alter Rebbe’s ruling here, it is permitted to cause a fire to burn more strongly on a festival. See also subsection 7 and subsection 8 above.

See sec. 314:21, where similar concepts are stated with regard to Shabbos.

Beitzah 22a.

See subsection 23 below, regarding the laws that apply to a burning wick.

In his Kuntreis Acharon (note 4), the Alter Rebbe substantiates his ruling in the main text, noting that it runs contrary to that of Magen Avraham. Within the context of the laws of Shabbos, Magen Avraham 314:11 states, “It is possible that [cutting off the charred portion of a wick] with [any type of] utensil is forbidden.”

The Alter Rebbe explains that Magen Avraham based his decision on Rabbeinu Asher’s and Maharshal’s interpretation of Rambam’s ruling in Hilchos Shevisas Yom Tov 4:3. In that source, Rambam states that it is forbidden to use a utensil to cut off the charred tip of a wick while it is burning (see subsection 23 below, where the Alter Rebbe rules in this manner). Rabbeinu Asher (Piskei HaRosh, Beitzah 4:7) and Maharshal (Yam shel Shlomoh, Beitzah 4:12) maintain that Rambam considers a wick to be a utensil. Hence, it would seem that according to Rambam, it is prohibited to trim the charred tip of a burning wick because by doing so, the person would be improving a utensil (i.e., the wick). Thus, the person would be preparing a utensil (i.e., the wick) for use on the festival, which is forbidden (see sec. 502:9, where the Alter Rebbe rules in this manner). Maharshal, however,rules that trimming the charred tip of a wick that is no longer burning by hand is permitted, although trimming that same wick with a utensil is forbidden. It would seem that this same prohibition would apply here.

However, in his Beis Yosef (Orach Chayim 314), Rav Yosef Caro does not accept that distinction,and does not differentiate between cutting off the tip of the wick with a utensil or breaking it off by hand. Instead, Rav Yosef Caro maintains that it is forbidden to cut or break off the tip of a burning wick in all instances, and when the wick is not burning, both actions are permitted. His ruling is affirmed by Turei Zahav 514:10. The Alter Rebbe concludes that since Rav Yosef Caro and Turei Zahav explicitly permit trimming the charred end of a wick with a utensil when it is not burning, and Magen Avraham is merely in doubt as to whether such an act might be forbidden, the lenient perspective may be followed. Moreover, Rabbeinu Asher himself and many others disagree with Rambam’s strict ruling.

See subsection 15, below. That ruling also applies to preparing for a weekday on a festival.

Talmud Yerushalmi, Beitzah 5:2.

See sec. 495:3.

See sec. 263:10, where the Alter Rebbe discusses a similar issue regarding Shabbos lights.

See sec. 298:17, where the Alter Rebbe writes: “…at present, it is customary to kindle [lamps] in the synagogue even during the day, as an expression of honor for the Divine presence.”

Yeshayahu 24:15.

See sec. 610:4, where the Alter Rebbe cites this verse in support of the custom to kindle many lights in the synagogue in honor of Yom Kippur.

Shabbos 45a.

It is permitted to hang a lit lamp on a tree before Shabbos, with the intent to use the lamp on Shabbos, although, as the Alter Rebbe proceeds to state, that same act is forbidden on the day before a festival. The Alter Rebbe addresses this question in sec. 277:7, where he explains that the Sages issued a decree forbidding leaving a burning lamp on a tree on the day before the festival, with the intent of using the lamp on the festival, lest the person climb the tree to retrieve the lamp on the festival. As the Alter Rebbe explains there, it is forbidden to climb a tree on a festival. By contrast, on Shabbos, the lamp is forbidden to be moved. Hence, there is no concern the person will climb the tree to retrieve it.

In sec. 336:1, the Alter Rebbe explains that the restriction against making use of a tree was instituted, “as a decree lest one climb a tree and detach its fruit, leaves, or branches.”

Beitzah 32a.

See sec. 302:5, where the Alter Rebbe explains what is included in the melachah of completing a task on Shabbos. This same interpretation applies on festivals.

In that source, the Alter Rebbe writes: “Separating papers that are attached together is a derivative [of the forbidden labor of] tearing…. When does [the above] apply? When [the papers…] are attached in a manner that is intended to endure. When however, pages of books are stuck together [unintentionally] by wax or during the binding process, it is permitted to open them on Shabbos....”

Beitzah 32b. See also subsection 12 above. See also the Kuntreis Acharon (note 4) to this section, which is summarized in footnote 32 above.

Beitzah 32a-b.

Talmud Yerushalmi, Beitzah 4:7.

Beitzah 32b; see also Tosefta, Beitzah 3:14.

Marei Mekomos VeTziyunim notes that the Alter Rebbe’s wording here is slightly different with his wording in subsection 22, below. While in this subsection the Alter Rebbe clearly states that the act of braiding a wick is classified as fashioning a utensil, in subsection 22 he states that, “…doing so resembles fashioning a utensil.”

Marei Mekomos VeTziyunim also notes a slight difference in the wording the Alter Rebbe uses within this subsection itself. Here, the Alter Rebbe states that by braiding a wick, “one is fashioning a utensil,” while at the end of the subsection, he states that charring a wick so that it will be easier to light, “resembles fixing [a utensil].”

Beitzah, loc. cit.

See subsection 6, above.

In that source, the Alter Rebbe speaks about burning spices to impart their flavor to fruit and explains that doing so is forbidden because it is not universally appreciated.

See also subsection 9 above, and the Kuntreis Acharon (note 3, which is summarized in footnote 26) above, which discuss this issue.

See subsection 20, above.

Marei Mekomos VeTziyunim notes that in subsections 20 and 22 of this section, the Alter Rebbe explains that making a wick is forbidden because it is as if one is fashioning a utensil. As the Alter Rebbe explains in sec. 302:5, the last step in fashioning a utensil is called “striking with a hammer,” or makeh bepatish. Now, in sec. 302:5, the Alter Rebbe rules that when a person performs any act that completes the fashioning of a utensil and makes its final adjustment, that concluding act is forbidden, and is categorized as a derivative of the melachah of makeh bepatish.

When one undoes an act for which he is liable for makeh bepatish, he is not liable for the melachah of soser, destroying. Why then, does the Alter Rebbe state here that by unbraiding a wick, which is undoing an act that is classified as makeh bepatish, the person is liable for taking apart a utensil, i.e., for the melachah of soser? Marei Mekomos VeTziyunim notes that one is only liable for performing the melachah of soser if the action that is being undone is classified under the melachah of boneh, building (see sec. 314:1). Therefore, Marei Mekomos VeTziyunim suggests that when making a utensil, one is also liable for performing the melachah of boneh, building.

See subsection 12 above, where the Alter Rebbe discusses the laws that apply when the wick has burnt out entirely.

See the Kuntreis Acharon to this section (note 4, summarized in footnote 32 above), where the Alter Rebbe discusses this ruling and the motivating rationales behind it.

See also subsections 3-5 above, which discuss these concepts.

See sec. 263:1. In that source, the Alter Rebbe explains that shalom bayis (“peace in the home”) is the primary rationale for kindling the Shabbos lights.

The mitzvos of honoring the Shabbos (kavod Shabbos) and Shabbos pleasure (oneg Shabbos) are also associated with the kindling of the Shabbos lights. See Likkutei Sichos, Vol. 15, p. 374.

See also sec. 610:1, with regard to kindling lights for Yom Kippur.

See sec. 263:8, which mentions the complete text of the blessings for kindling the Shabbos and festival lights.

It is Lubavitch custom for women to recite the blessing Shehechiyanu when kindling the festive candles except on the seventh and eighth nights of Pesach.

See sec. 638:6, where the Alter Rebbe mentions similar concepts regarding making use of the decorations of a sukkah.

In that source, the Alter Rebbe states, “When, however, [the object] only became muktzeh afterwards, and thus it was not [in that state] for the entire day, [the object] does not [necessarily] become [unalterably] muktzeh for the remainder of the day.”

See subsection 13, above. Even though these lights were kindled in honor of the festival, since the blessings were not recited over them, they are not considered to be set aside for the mitzvah of kindling festive lights.

See subsection 6, above.

See subsection 9, above.