Pouring Hot Sauce onto Ice-cream on Shabbos
Q. For dessert on Shabbos I was thinking of serving ice-cream with chocolate sauce. The sauce would be kept warm on the blech and poured over the ice-cream before serving. Is there any problem in serving this?
Bishul Issues
The first issue to deal with is the issue of Bishul, the Biblical Melacha of cooking on Shabbos. If the temperature of the sauce is ‘Yad Soledes Bo’ (40oC)[1], there would be an issue of Bishul and it would be forbidden to pour it onto the ice-cream. Even if the ice-cream mixture was previously cooked as part of the production process, since it is a moist food, it would be subject to further cooking[2].
If the sauce is not Yad Soledes Bo, it does not have the capacity to cook and will not pose any issue of Bishul.
There is a stringency brought by the Poskim to always treat a Kli Rishon (the pot that was on the fire) stringently, even if the contents are less than Yad Soledes Bo and even once the pot was removed from the fire. This is to create a Harchaka, an extra protection when dealing with a Kli Rishon[3]. Others do not adopt this stringency and apply it only to the Kli Rishon while it is still on the fire but not once it has been removed[4].
Even according to the stricter approach, the stringency is limited to placing things into the Kli Rishon. One would be able to pour from a Kli Rishon which is not Yad Soledes Bo onto something else.
Melting Solids - Background
Even though there is no issue of Bishul when the termperature is below Yad Soledes Bo, the fact that the sauce will melt the ice-cream raises another potential Halachic issue.
The Gemara[5] rules that on Shabbos, one is not allowed to crush ice or snow to make it into liquid. However, one may place the ice into a cup to melt.
Rashi[6] understands that the issue of concern is Molid - creating. Transforming the ice into water is Rabbinically forbidden because it resembles an act of creating. Accordingly, the prohibition only applies where one actively creates the liquid through their action, such as by crushing the ice. Placing the ice in a cup to melt by itself is permissible, even if the cup was empty, because no action is being done.
In contrast, the Sefer Haterumah[7] understands the issue to be one of Nolad, a change which brings a new entity into existence on Shabbos. One is not allowed to use something that was Nolad on Shabbos. Accordingly, even when the ice melts by itself it would be forbidden to use. When the Gemara permits placing ice into a cup to melt, it is referring to where there is already some liquid in the cup.
In this case, whatever melts from the ice will immediately mix with the liquid in the cup. Since the melted liquid was never recognisable on its own (Nikar), there is no issue of Nolad.
The Rambam[8] understands that the concern of melting ice is an extension of the Rabbinic Gezeira on liquid that oozes out of a fruit on Shabbos. The Rabbis forbade the use of this juice, even when it flows out by itself, due to a concern that one may come to squeeze the fruits to extract more juice. According to this opinion, the prohibition on melting ice will apply even when the ice melts by itself, similar to the position of the Sefer Haterumah, albeit for a different reason. The Alter Rebbe[9] follows the understanding of the Rambam.
Melting Solids - Practical Application
Whilst the Gemara discusses the case of melting ice, the Rishonim apply the same logic to other cases that involve melting solid or congealed substances. A number of these rulings are codified in the Shulchan Aruch.
The Shulchan Aruch[10] rules that one may place food or liquid near a fire, if it is far enough away from the fire that it could not reach Yad Soledes Bo, even if it would be left there for a long time[11].
Subsequently, the Shulchan Aruch[12] writes that one may put an enpanada near the fire on Shabbos[13]. Enpanada is a dough that is filled with pieces of solid fat. This ruling of the Mechaber follows the approach of Rashi. Even though the heat will cause the fat to melt, it is permissible because the fat melts by itself. The Ram”o writes that the same ruling would apply to a pot of food that has a congealed sauce that will melt when placed near a fire.
However, the Ram”o[14] notes that there are those who are stringent and do not allow the enpanada to be placed near a fire on Shabbos. This opinion is based on the understanding of the Rishonim discussed above, who are stringent even when the ice melts by itself. The Ram”o concludes that the customary practise is to be stringent and that only in a case of real need can we rely on the lenient opinion.
Even according to the Ram”o, the prohibition only applies where a significant amount of fat will melt and ooze out. If the Enpanada is placed far enough away that only a small amount of fat will melt, it is permitted. This is because any melted fat will be absorbed in the dough and not become ‘recognisable’. This is like ice that melts into a cup that already has liquid in it. Even if some of the liquid does ooze out of the dough, it will be minimal and considered insignificant[15]. The same will not apply to fat melting on top of a soup, because in this case the fat will float to the surface and will be ‘recognisable’[16].
These Halachos will also apply when melting butter and chocolate. They also apply to melting ice-cream.
If the action will only cause the congealed mass to soften, but essentially remain solid, the prohibition does not apply[17]. This is why one may leave ice-cream out to soften and may likewise warm the ice-cream scoop in hot water, to soften the ice-cream and make it easier to serve.
According to all opinions it is forbidden to actively cause the congealed substance to melt. This would be like crushing the ice. The resulting liquid would be forbidden even Bedieved[18]. Pouring hot liquid over a congealed solid is considered as actively causing it to melt[19]. When one actively causes something to melt, it is questionable whether the leniency of melting only a minimal insignificant amount would apply.
Conclusion
If the sauce is hot enough that it will melt the ice-cream upon contact, this would be forbidden according to all opinions as a direct action. If the sauce will not melt the ice-cream on contact but rather slowly melt the ice-cream, it will be subject to the dispute between the Mechaber who would allow it and the Ram”o who would prohibit it.
In a case of need one may rely on the lenient opinion. It is difficult to define what type or level of need would be required to permit relying on the lenient view[20]. The Levush[21] writes that one can be lenient for serving guests.
If the sauce is just warm enough to soften the ice-cream or will only melt an insignificant amount, it will be permissible according to all
opinions.
____________________________
[1] Literally Yad Soledes Bo means that one’s hand recoils from it due to the hot temperature. There is debate amongst the Poskim what temperature Yad Soledes Bo is. Opinions range from 40-45oC. One should be Machmir and be concerned for the lowest measure.
[2] As opposed to completely dry foods where we apply the rule that “there is no cooking after cooking” – אין בישול אחר בישול
[3] Shulchan Aruch Harav 318:17 based on Magen Avraham’s (3:18:28) understanding of the Yerushalmi (3:4). This is also the Psak of Eglei Tal. Kaf Hachaim (318:105) writes that one who is stringent is praiseworthy.
[4] Elya Rabbah 318:23. Mishna Berura 318:64 is also lenient. See also Biur Hagr”a
[5] Shabbos 51b
[6] This is also the view of Sema”g, Sema”k, Rashb”a and Rabbeinu Yerucham
[7] This is also the opinion of Ra”n
[8] Shabbos 21:13
[9] 318:25. See also Magen Avraham 318:42
[10] 318:14.
[11] Shulchan Aruch Harav 318:24
[12] 318:16
[13] The Shulchan Aruch permits this even where it could reach Yad Soledes Bo. There is no Bishul involved because the Enpanada has already been cooked and is a dry food. Therefore it is not subject to further cooking under the principle אין בישול אחר בישול.
[14] ibid
[15] Shulchan Aruch Harav 318:26
[16] Magen Avraham 318:42
[17] Meor Hashabbos 3:13
[18] Magen Avraham 318:42
[19] For this reason, one may not pour hot water onto dirty plates which have congealed fat on them. See Magen Avraham 353:41
[20] Unlike other places, the Ram”o does not writeצורך גדול which would imply a great need, here he writes במקום הצורך. Obviously, this cannot mean any need, because one could argue that everything is done for a need.
[21] 318:16. The Levush was a Talmid of the Ram”o and presumably understood his intention.
Bishul Issues
The first issue to deal with is the issue of Bishul, the Biblical Melacha of cooking on Shabbos. If the temperature of the sauce is ‘Yad Soledes Bo’ (40oC)[1], there would be an issue of Bishul and it would be forbidden to pour it onto the ice-cream. Even if the ice-cream mixture was previously cooked as part of the production process, since it is a moist food, it would be subject to further cooking[2].
If the sauce is not Yad Soledes Bo, it does not have the capacity to cook and will not pose any issue of Bishul.
There is a stringency brought by the Poskim to always treat a Kli Rishon (the pot that was on the fire) stringently, even if the contents are less than Yad Soledes Bo and even once the pot was removed from the fire. This is to create a Harchaka, an extra protection when dealing with a Kli Rishon[3]. Others do not adopt this stringency and apply it only to the Kli Rishon while it is still on the fire but not once it has been removed[4].
Even according to the stricter approach, the stringency is limited to placing things into the Kli Rishon. One would be able to pour from a Kli Rishon which is not Yad Soledes Bo onto something else.
Melting Solids - Background
Even though there is no issue of Bishul when the termperature is below Yad Soledes Bo, the fact that the sauce will melt the ice-cream raises another potential Halachic issue.
The Gemara[5] rules that on Shabbos, one is not allowed to crush ice or snow to make it into liquid. However, one may place the ice into a cup to melt.
Rashi[6] understands that the issue of concern is Molid - creating. Transforming the ice into water is Rabbinically forbidden because it resembles an act of creating. Accordingly, the prohibition only applies where one actively creates the liquid through their action, such as by crushing the ice. Placing the ice in a cup to melt by itself is permissible, even if the cup was empty, because no action is being done.
In contrast, the Sefer Haterumah[7] understands the issue to be one of Nolad, a change which brings a new entity into existence on Shabbos. One is not allowed to use something that was Nolad on Shabbos. Accordingly, even when the ice melts by itself it would be forbidden to use. When the Gemara permits placing ice into a cup to melt, it is referring to where there is already some liquid in the cup.
In this case, whatever melts from the ice will immediately mix with the liquid in the cup. Since the melted liquid was never recognisable on its own (Nikar), there is no issue of Nolad.
The Rambam[8] understands that the concern of melting ice is an extension of the Rabbinic Gezeira on liquid that oozes out of a fruit on Shabbos. The Rabbis forbade the use of this juice, even when it flows out by itself, due to a concern that one may come to squeeze the fruits to extract more juice. According to this opinion, the prohibition on melting ice will apply even when the ice melts by itself, similar to the position of the Sefer Haterumah, albeit for a different reason. The Alter Rebbe[9] follows the understanding of the Rambam.
Melting Solids - Practical Application
Whilst the Gemara discusses the case of melting ice, the Rishonim apply the same logic to other cases that involve melting solid or congealed substances. A number of these rulings are codified in the Shulchan Aruch.
The Shulchan Aruch[10] rules that one may place food or liquid near a fire, if it is far enough away from the fire that it could not reach Yad Soledes Bo, even if it would be left there for a long time[11].
Subsequently, the Shulchan Aruch[12] writes that one may put an enpanada near the fire on Shabbos[13]. Enpanada is a dough that is filled with pieces of solid fat. This ruling of the Mechaber follows the approach of Rashi. Even though the heat will cause the fat to melt, it is permissible because the fat melts by itself. The Ram”o writes that the same ruling would apply to a pot of food that has a congealed sauce that will melt when placed near a fire.
However, the Ram”o[14] notes that there are those who are stringent and do not allow the enpanada to be placed near a fire on Shabbos. This opinion is based on the understanding of the Rishonim discussed above, who are stringent even when the ice melts by itself. The Ram”o concludes that the customary practise is to be stringent and that only in a case of real need can we rely on the lenient opinion.
Even according to the Ram”o, the prohibition only applies where a significant amount of fat will melt and ooze out. If the Enpanada is placed far enough away that only a small amount of fat will melt, it is permitted. This is because any melted fat will be absorbed in the dough and not become ‘recognisable’. This is like ice that melts into a cup that already has liquid in it. Even if some of the liquid does ooze out of the dough, it will be minimal and considered insignificant[15]. The same will not apply to fat melting on top of a soup, because in this case the fat will float to the surface and will be ‘recognisable’[16].
These Halachos will also apply when melting butter and chocolate. They also apply to melting ice-cream.
If the action will only cause the congealed mass to soften, but essentially remain solid, the prohibition does not apply[17]. This is why one may leave ice-cream out to soften and may likewise warm the ice-cream scoop in hot water, to soften the ice-cream and make it easier to serve.
According to all opinions it is forbidden to actively cause the congealed substance to melt. This would be like crushing the ice. The resulting liquid would be forbidden even Bedieved[18]. Pouring hot liquid over a congealed solid is considered as actively causing it to melt[19]. When one actively causes something to melt, it is questionable whether the leniency of melting only a minimal insignificant amount would apply.
Conclusion
If the sauce is hot enough that it will melt the ice-cream upon contact, this would be forbidden according to all opinions as a direct action. If the sauce will not melt the ice-cream on contact but rather slowly melt the ice-cream, it will be subject to the dispute between the Mechaber who would allow it and the Ram”o who would prohibit it.
In a case of need one may rely on the lenient opinion. It is difficult to define what type or level of need would be required to permit relying on the lenient view[20]. The Levush[21] writes that one can be lenient for serving guests.
If the sauce is just warm enough to soften the ice-cream or will only melt an insignificant amount, it will be permissible according to all
opinions.
____________________________
[1] Literally Yad Soledes Bo means that one’s hand recoils from it due to the hot temperature. There is debate amongst the Poskim what temperature Yad Soledes Bo is. Opinions range from 40-45oC. One should be Machmir and be concerned for the lowest measure.
[2] As opposed to completely dry foods where we apply the rule that “there is no cooking after cooking” – אין בישול אחר בישול
[3] Shulchan Aruch Harav 318:17 based on Magen Avraham’s (3:18:28) understanding of the Yerushalmi (3:4). This is also the Psak of Eglei Tal. Kaf Hachaim (318:105) writes that one who is stringent is praiseworthy.
[4] Elya Rabbah 318:23. Mishna Berura 318:64 is also lenient. See also Biur Hagr”a
[5] Shabbos 51b
[6] This is also the view of Sema”g, Sema”k, Rashb”a and Rabbeinu Yerucham
[7] This is also the opinion of Ra”n
[8] Shabbos 21:13
[9] 318:25. See also Magen Avraham 318:42
[10] 318:14.
[11] Shulchan Aruch Harav 318:24
[12] 318:16
[13] The Shulchan Aruch permits this even where it could reach Yad Soledes Bo. There is no Bishul involved because the Enpanada has already been cooked and is a dry food. Therefore it is not subject to further cooking under the principle אין בישול אחר בישול.
[14] ibid
[15] Shulchan Aruch Harav 318:26
[16] Magen Avraham 318:42
[17] Meor Hashabbos 3:13
[18] Magen Avraham 318:42
[19] For this reason, one may not pour hot water onto dirty plates which have congealed fat on them. See Magen Avraham 353:41
[20] Unlike other places, the Ram”o does not writeצורך גדול which would imply a great need, here he writes במקום הצורך. Obviously, this cannot mean any need, because one could argue that everything is done for a need.
[21] 318:16. The Levush was a Talmid of the Ram”o and presumably understood his intention.