Removing Fish Bones on Shabbos
Q. I want to serve fish on Shabbos that has small bones in it. Is there a way that I am able to remove the bones? What about if I am feeding young children and am afraid that the bones will be a choking hazard?
One of the 39 Melachos forbidden on Shabbos is the Melacha of Borrer - selecting[1]. Borrer was performed in the construction of the Mishkan in the making of the dyes for the curtains and coverings. As part of this process, it was necessary to separate impurities from the dye plants and herbs[2].
Under the laws of Borrer, it is forbidden to remove Pesoles from Ochel (literally refuse from food) on Shabbos. If one were to remove Pesoles from Ochel, even if they did so by hand (as opposed to using a sieve or strainer) and even if it was for immediate use, they would be transgressing Shabbos on the Biblical level[3].
Pesoles can include absolute refuse or inedible matter such as peels, pips, shells, dirt and bones. But the laws of Borrer are not limited to absolute refuse. When one has a mixture of different foods and they only wish to eat one of the food-types, the food-type that they wish to eat is defined as Ochel (desirable) and the food that they do not wish to eat now, is defined as Pesoles (undesirable)[4].
Further, Borrer does not only apply to foods. It applies to other objects as well, including; vessels e.g. cutlery, toys, clothing and seforim[5].
Even when taking the Ochel (desirable) from the Pesoles (undesirable), there are further limitations. One may only select the Ochel for immediate use. If one selects the Ochel for later use, it is considered as “Borrer for storage”, which is Biblically forbidden[6].
Even when selecting the Ochel for immediate use, it is only permissible if the Borrer is done by hand. If one used a vessel or implement that is made for performing the act of Borrer, such as a slotted spoon, strainer, sieve or colander, it will remain Biblically forbidden[7]. Using a fork or spoon, which is seen as an extension of one’s hand, is permissible.
This article will focus on the issue of selecting Pesoles from Ochel.
On Shabbos it is customary to eat fish[8]. One of the Borrer scenarios discussed in the Halachic sources, is separating bones from fish. At first glance, it appears that this is a classic case of taking Pesoles from Ochel, that should be Biblically forbidden in all circumstances.
There are those who suggest that this is the reason why Ashkenazim eat Gefilte fish on Shabbos, since mincing the fish helps to avoid any issues of bones.
Nonetheless, the Poskim suggest that there is scope for leniency and one may be able to remove the bones from the fish immediately prior to eating.
The discussion below only applies to the bones before they have been removed from the fish. Once the bones have been removed from the fish, they are considered as Pesoles according to all opinions. If these bones are sitting amongst pieces of fish, one may not remove them. Rather, one should take the fish and leave the bones in their place[9].
The stringent approach maintains that the bones within the fish are always considered as absolute Pesoles. Therefore, they may not be removed from the fish. Rather one should cut away the flesh of the fish and pull it away from the bones. Alternatively, one may place a piece of fish in their mouth and remove or spit out the bones, after having eaten the fish[10]. Another solution would be to remove the bone and suck off the juice from the bone, if there is some edible juice on it[11].
The Mishna Berura[12] writes that it is possible that taking the Pesoles from the Ochel is only forbidden when preparing the food to eat while it is on one’s plate. When actually eating, i.e. when holding the food in one’s hand or fork ready to eat, one would be able to remove the Pesoles immediately prior to eating. This would be considered part of the normal act of eating.
However, in the next passage[13] he quotes the Maamar Mordechai, who writes that those who serve whole fish, cutting it from the back and removing the spine and bones, violate a Biblical prohibition. Rather they should leave the spine and bones in place and take the fish from the bones. Those who are eating the fish should likewise not remove the bones but should rather hold the bone and eat the flesh.
The Mishna Berura notes that this seems to suggest that even immediately prior to eating, one may not remove the bones. He still notes that there is basis to permit this as he discussed earlier.
Many Acharonim argue with the Heter of the Mishna Berura that one may remove the Pesoles immediately prior to eating. They do not distinguish between removing Pesoles in preparation for eating and whilst actually eating[14].
Some[15] suggest that the Mishna Berura himself only wrote this to be Melamed Zechus – to justify the practise of those who act leniently. He would agree that Lechatchila one should not rely on this. This understanding of the Mishna Berura is suggested in his own words, that “whilst there are grounds to be stringent, we cannot protest those who are lenient”[16].
However, there are many Poskim who, like the rationale of the Mishna Berura, permit removing the Pesoles while actually eating[17]. Pri Megadim refers to this as Miyad L’peh.
The Piskei Dinim Tzemach Tzedek[18] discusses the status of small bones in herring and the permissibility of removing them prior to eating. He presents a different basis on which to permit removing these bones.
The Rosh[19] writes that when nuts have been cracked and are still sitting within their shell, the shells are not defined as Pesoles (until they have been separated from the nut) since “this is the way of the fruit”. This would not apply once the bones or shells have already been completely separated from the food.
Maharsha”l in his work Yam Shel Shlomo[20], explains that the Rosh is saying that until the shells have been separated from the nut, they are still considered part of the fruit. Therefore, this is a case of taking Ochel from Ochel within the same food type which is permissible.
The Piskei Dinim writes that the same logic applies to herring bones. Since the bones are within the fish itself and have never become separate, they are considered as part of the fish and not Pesoles. The rationale is even stronger in the case of fish bones, because the bones are absorbed within and part of the fish itself. This is unlike the case of the Rosh concerning nuts within their shells where the shell sits outside the fruit.
He notes that the Ta”z[21] argues with the interpretation of the Yam Shel Shlomo and would forbid removing fish bones. Nonetheless the Tzemach Tzedek relies on the Yam Shel Shlomo since many Rishonim[22] permit the removal of even real Pesoles before eating. Whilst we do not generally follow their opinion, we may rely on them in the case of small fish bones, which one can argue are not Pesoles at all (like the view of the Yam Shel Shlomo).
According to the rationale of the Tzemach Tzedek, there is no Borrer involved at all and one would be allowed to remove the small bones from fish even before the meal. One would also be able to remove the actual spine and large bones as well, as they too are part of the fish[23].
Nonetheless, the Ketzos Hashulchan notes that the Piskei Dinim writes that this Heter is only relied upon “because there is no other alternative”. This is why the Piskei Dinim only discusses the small bones in herring. One cannot rely on this Heter for large bones or the spine, where it is easy to cut the fish away from the bone instead or relying on leniencies.
Ketzos Hashulchan adds that one should also only rely on the Heter to remove the small bones from herring immediately prior to eating. In this case we are also able to rely on the opinions quoted above, who hold like the Mishna Berura, that when done immediately prior to eating, one could even remove absolute Pesoles.
Another rationale to permit removing fish bones is brought by Harav Ovadiah Yosef[24]. He writes that some Rishonim[25] hold that the Melacha of Borrer only applies to foods where the Pesoles is not actually attached to the food, such as nut shells and the like. Where the Pesoles is Davuk (attached) or Mechubar (connected) to the Ochel, Borrer does not apply. This Heter would certainly apply to removing the spine and bones from fish, which are also attached to the fish[26].
Harav Ovadiah does not rely on this Heter alone to permit removing fish bones. But, he would “combine” it together with the other Heterim discussed above, including; the rationale of the Tzemach Tzedek[27] (that the bones are part of the fish and not Pesoles), the fact that some Rishonim allow the removal of actual Pesoles before eating[28] and the opinions that permit removing Pesoles while eating[29]. Based on the combination of these leniencies he permits the removal of bones, noting that this is ‘Minhag Yisroel Pashut’ – the widespread accepted practise[30].
Practically, based on the discussion above, those who remove fish bones on Shabbos immediately before eating, have basis for their practise. Even according to this position, the leniency should only be applied to small bones.
However, since many Poskim are stringent and since this potentially involves transgressing a Biblical prohibition, it is preferable to adopt the stricter approach and to not directly remove any bones from fish. Rather one should cut away the flesh of the fish and pull it away from the bones or place a piece of fish in their mouth and remove the bones after having eaten the fish.
In cases of difficulty, such as when feeding young children who cannot remove the bones while in their mouths and for whom swallowing bones can be dangerous, one can rely on the leniencies above. The adult feeding the child could remove the small bones by hand immediately prior to feeding the child[31].
Once the bones have been removed from the fish, they are considered Pesoles according to all opinions and may not be removed if they are sitting on top of or mixed up between fish pieces.
__________________________________
[1] Shabbos 73a
[2] Rashi Shabbos 73a ד"ה האופה
[3] Shulchan Aruch Orach Chaim 319:4 and Shulchan Aruch Harav 319:1. This follows the majority view of the Rishonim; Rabbeinu Chananel, Tosfos, Rambam, Rif, Sema”g. There are Rishonim who permit taking Pesoles from Ochel with one’s hand for immediate use, including Rabbeinu Yishaya, Rashb”a and Rabbeinu Yerucham. This is also the opinion of the Tur.
[4] Shulchan Aruch 319:3. Shulchan Aruch Harav 319:5 based on Girsa of Rabbeinu Chananel, Rosh on the Beraisa Shabbos 74a
[5] Ta”z 319:12. Shulchan Aruch Harav 319:8
[6] Shulchan Aruch 319:2 based on Abaye Shabbos 74a as explained by the Rishonim above. Shulchan Aruch Harav 319:2
[7] Shulchan Aruch 319:1 and Shulchan Aruch Harav 319:1. Using a non-specific implement to do the Borrer would be Rabbinically forbidden.
[8] See the article in this work on the custom of eating fish on Shabbos.
[9] Biur Halacha ד"ה מתוך האכל
[10] Shemiras Shabbos Kehilchasa 3:11-12,
[11] Biur Halacha ד"ה מתוך האכל. There are those who question this Heter as one’s real intention is to remove the bone.
[12] Biur Halacha ד"ה הבורר
[13] Biur Halacha ד"ה מתוך אכל
[14] Eglei Tal Borrer 2:4, Shvisas Hashabbos Borrer 3 and Chazon Ish 54:1
[15] Az Nidberu 3:9
[16] Biur Halacha ד"ה מתוך האכל based on similar rationale to the Piskei Dinim Tzemach Tzedek
[17] Tehillah Ledovid 319:4, Minchas Shabbos 80, Ben Ish Chai Beshalach, Kaf Hachaim 319:44
[18] 319
[19] Beitza Siman 28
[20] Beitza 14b
[21] 510:3
[22] See footnote 3 above
[23] Badei Hashulchan 125:44
[24] Yabia Omer 5:34:4
[25] Sefer Haaruch Dosh and Meiri 134a
[26] Quoting Shem Chadash 54d quoting Tal Oros
[27] Quoted within his Teshuvah
[28] Also part of the Tzemach Tzedek’s Heter
[29] As required by Mishna Berura and Ketzos Hashulchan
[30] See Yalkut Yosef Siman 319:37
[31] Igros Moshe 4:74 Borrer and Minchas Yitzchak 1:75, Shabbos Kehalacha volume 2 p 227
One of the 39 Melachos forbidden on Shabbos is the Melacha of Borrer - selecting[1]. Borrer was performed in the construction of the Mishkan in the making of the dyes for the curtains and coverings. As part of this process, it was necessary to separate impurities from the dye plants and herbs[2].
Under the laws of Borrer, it is forbidden to remove Pesoles from Ochel (literally refuse from food) on Shabbos. If one were to remove Pesoles from Ochel, even if they did so by hand (as opposed to using a sieve or strainer) and even if it was for immediate use, they would be transgressing Shabbos on the Biblical level[3].
Pesoles can include absolute refuse or inedible matter such as peels, pips, shells, dirt and bones. But the laws of Borrer are not limited to absolute refuse. When one has a mixture of different foods and they only wish to eat one of the food-types, the food-type that they wish to eat is defined as Ochel (desirable) and the food that they do not wish to eat now, is defined as Pesoles (undesirable)[4].
Further, Borrer does not only apply to foods. It applies to other objects as well, including; vessels e.g. cutlery, toys, clothing and seforim[5].
Even when taking the Ochel (desirable) from the Pesoles (undesirable), there are further limitations. One may only select the Ochel for immediate use. If one selects the Ochel for later use, it is considered as “Borrer for storage”, which is Biblically forbidden[6].
Even when selecting the Ochel for immediate use, it is only permissible if the Borrer is done by hand. If one used a vessel or implement that is made for performing the act of Borrer, such as a slotted spoon, strainer, sieve or colander, it will remain Biblically forbidden[7]. Using a fork or spoon, which is seen as an extension of one’s hand, is permissible.
This article will focus on the issue of selecting Pesoles from Ochel.
On Shabbos it is customary to eat fish[8]. One of the Borrer scenarios discussed in the Halachic sources, is separating bones from fish. At first glance, it appears that this is a classic case of taking Pesoles from Ochel, that should be Biblically forbidden in all circumstances.
There are those who suggest that this is the reason why Ashkenazim eat Gefilte fish on Shabbos, since mincing the fish helps to avoid any issues of bones.
Nonetheless, the Poskim suggest that there is scope for leniency and one may be able to remove the bones from the fish immediately prior to eating.
The discussion below only applies to the bones before they have been removed from the fish. Once the bones have been removed from the fish, they are considered as Pesoles according to all opinions. If these bones are sitting amongst pieces of fish, one may not remove them. Rather, one should take the fish and leave the bones in their place[9].
The stringent approach maintains that the bones within the fish are always considered as absolute Pesoles. Therefore, they may not be removed from the fish. Rather one should cut away the flesh of the fish and pull it away from the bones. Alternatively, one may place a piece of fish in their mouth and remove or spit out the bones, after having eaten the fish[10]. Another solution would be to remove the bone and suck off the juice from the bone, if there is some edible juice on it[11].
The Mishna Berura[12] writes that it is possible that taking the Pesoles from the Ochel is only forbidden when preparing the food to eat while it is on one’s plate. When actually eating, i.e. when holding the food in one’s hand or fork ready to eat, one would be able to remove the Pesoles immediately prior to eating. This would be considered part of the normal act of eating.
However, in the next passage[13] he quotes the Maamar Mordechai, who writes that those who serve whole fish, cutting it from the back and removing the spine and bones, violate a Biblical prohibition. Rather they should leave the spine and bones in place and take the fish from the bones. Those who are eating the fish should likewise not remove the bones but should rather hold the bone and eat the flesh.
The Mishna Berura notes that this seems to suggest that even immediately prior to eating, one may not remove the bones. He still notes that there is basis to permit this as he discussed earlier.
Many Acharonim argue with the Heter of the Mishna Berura that one may remove the Pesoles immediately prior to eating. They do not distinguish between removing Pesoles in preparation for eating and whilst actually eating[14].
Some[15] suggest that the Mishna Berura himself only wrote this to be Melamed Zechus – to justify the practise of those who act leniently. He would agree that Lechatchila one should not rely on this. This understanding of the Mishna Berura is suggested in his own words, that “whilst there are grounds to be stringent, we cannot protest those who are lenient”[16].
However, there are many Poskim who, like the rationale of the Mishna Berura, permit removing the Pesoles while actually eating[17]. Pri Megadim refers to this as Miyad L’peh.
The Piskei Dinim Tzemach Tzedek[18] discusses the status of small bones in herring and the permissibility of removing them prior to eating. He presents a different basis on which to permit removing these bones.
The Rosh[19] writes that when nuts have been cracked and are still sitting within their shell, the shells are not defined as Pesoles (until they have been separated from the nut) since “this is the way of the fruit”. This would not apply once the bones or shells have already been completely separated from the food.
Maharsha”l in his work Yam Shel Shlomo[20], explains that the Rosh is saying that until the shells have been separated from the nut, they are still considered part of the fruit. Therefore, this is a case of taking Ochel from Ochel within the same food type which is permissible.
The Piskei Dinim writes that the same logic applies to herring bones. Since the bones are within the fish itself and have never become separate, they are considered as part of the fish and not Pesoles. The rationale is even stronger in the case of fish bones, because the bones are absorbed within and part of the fish itself. This is unlike the case of the Rosh concerning nuts within their shells where the shell sits outside the fruit.
He notes that the Ta”z[21] argues with the interpretation of the Yam Shel Shlomo and would forbid removing fish bones. Nonetheless the Tzemach Tzedek relies on the Yam Shel Shlomo since many Rishonim[22] permit the removal of even real Pesoles before eating. Whilst we do not generally follow their opinion, we may rely on them in the case of small fish bones, which one can argue are not Pesoles at all (like the view of the Yam Shel Shlomo).
According to the rationale of the Tzemach Tzedek, there is no Borrer involved at all and one would be allowed to remove the small bones from fish even before the meal. One would also be able to remove the actual spine and large bones as well, as they too are part of the fish[23].
Nonetheless, the Ketzos Hashulchan notes that the Piskei Dinim writes that this Heter is only relied upon “because there is no other alternative”. This is why the Piskei Dinim only discusses the small bones in herring. One cannot rely on this Heter for large bones or the spine, where it is easy to cut the fish away from the bone instead or relying on leniencies.
Ketzos Hashulchan adds that one should also only rely on the Heter to remove the small bones from herring immediately prior to eating. In this case we are also able to rely on the opinions quoted above, who hold like the Mishna Berura, that when done immediately prior to eating, one could even remove absolute Pesoles.
Another rationale to permit removing fish bones is brought by Harav Ovadiah Yosef[24]. He writes that some Rishonim[25] hold that the Melacha of Borrer only applies to foods where the Pesoles is not actually attached to the food, such as nut shells and the like. Where the Pesoles is Davuk (attached) or Mechubar (connected) to the Ochel, Borrer does not apply. This Heter would certainly apply to removing the spine and bones from fish, which are also attached to the fish[26].
Harav Ovadiah does not rely on this Heter alone to permit removing fish bones. But, he would “combine” it together with the other Heterim discussed above, including; the rationale of the Tzemach Tzedek[27] (that the bones are part of the fish and not Pesoles), the fact that some Rishonim allow the removal of actual Pesoles before eating[28] and the opinions that permit removing Pesoles while eating[29]. Based on the combination of these leniencies he permits the removal of bones, noting that this is ‘Minhag Yisroel Pashut’ – the widespread accepted practise[30].
Practically, based on the discussion above, those who remove fish bones on Shabbos immediately before eating, have basis for their practise. Even according to this position, the leniency should only be applied to small bones.
However, since many Poskim are stringent and since this potentially involves transgressing a Biblical prohibition, it is preferable to adopt the stricter approach and to not directly remove any bones from fish. Rather one should cut away the flesh of the fish and pull it away from the bones or place a piece of fish in their mouth and remove the bones after having eaten the fish.
In cases of difficulty, such as when feeding young children who cannot remove the bones while in their mouths and for whom swallowing bones can be dangerous, one can rely on the leniencies above. The adult feeding the child could remove the small bones by hand immediately prior to feeding the child[31].
Once the bones have been removed from the fish, they are considered Pesoles according to all opinions and may not be removed if they are sitting on top of or mixed up between fish pieces.
__________________________________
[1] Shabbos 73a
[2] Rashi Shabbos 73a ד"ה האופה
[3] Shulchan Aruch Orach Chaim 319:4 and Shulchan Aruch Harav 319:1. This follows the majority view of the Rishonim; Rabbeinu Chananel, Tosfos, Rambam, Rif, Sema”g. There are Rishonim who permit taking Pesoles from Ochel with one’s hand for immediate use, including Rabbeinu Yishaya, Rashb”a and Rabbeinu Yerucham. This is also the opinion of the Tur.
[4] Shulchan Aruch 319:3. Shulchan Aruch Harav 319:5 based on Girsa of Rabbeinu Chananel, Rosh on the Beraisa Shabbos 74a
[5] Ta”z 319:12. Shulchan Aruch Harav 319:8
[6] Shulchan Aruch 319:2 based on Abaye Shabbos 74a as explained by the Rishonim above. Shulchan Aruch Harav 319:2
[7] Shulchan Aruch 319:1 and Shulchan Aruch Harav 319:1. Using a non-specific implement to do the Borrer would be Rabbinically forbidden.
[8] See the article in this work on the custom of eating fish on Shabbos.
[9] Biur Halacha ד"ה מתוך האכל
[10] Shemiras Shabbos Kehilchasa 3:11-12,
[11] Biur Halacha ד"ה מתוך האכל. There are those who question this Heter as one’s real intention is to remove the bone.
[12] Biur Halacha ד"ה הבורר
[13] Biur Halacha ד"ה מתוך אכל
[14] Eglei Tal Borrer 2:4, Shvisas Hashabbos Borrer 3 and Chazon Ish 54:1
[15] Az Nidberu 3:9
[16] Biur Halacha ד"ה מתוך האכל based on similar rationale to the Piskei Dinim Tzemach Tzedek
[17] Tehillah Ledovid 319:4, Minchas Shabbos 80, Ben Ish Chai Beshalach, Kaf Hachaim 319:44
[18] 319
[19] Beitza Siman 28
[20] Beitza 14b
[21] 510:3
[22] See footnote 3 above
[23] Badei Hashulchan 125:44
[24] Yabia Omer 5:34:4
[25] Sefer Haaruch Dosh and Meiri 134a
[26] Quoting Shem Chadash 54d quoting Tal Oros
[27] Quoted within his Teshuvah
[28] Also part of the Tzemach Tzedek’s Heter
[29] As required by Mishna Berura and Ketzos Hashulchan
[30] See Yalkut Yosef Siman 319:37
[31] Igros Moshe 4:74 Borrer and Minchas Yitzchak 1:75, Shabbos Kehalacha volume 2 p 227