S0548 - Meleches Shabbos - (Klal 20 Siman 15) - Bishul - 51 - Asking a Non-Jew to Place the Food Near the Fire - 1

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Bishul 51 - Asking the Non-Jew to Place Food Near the Fire (Klal 20 Siman 16) S0548

We are beginning siman 16. In siman 15, we learned that in a case where a non-Jew is allowed to turn on the oven due to the concept of hakol cholim eitzel hatzinah, it is muttar to place food near the oven to warm up before the non-Jew turns it on. Since the non-Jew is primarily turning on the oven to warm the home, the food is not being heated as the result of a direct act of a non-Jew, but as the result of a psik reisha, which is muttar when performed through amira l’achum.

In siman 16, the Chayei Adam contrasts the previous siman to a case where the Jew asks the non-Jew to warm up the food. The Chayei Adam writes that after the non-Jew has turned on the oven to heat the house, it is assur to subsequently ask the non-Jew to place food on or near the oven to warm up. At that point, it is no longer a psik reisha on the part of the non-Jew, but a direct action of the non-Jew, which would be a concern of bishul achar bishul. It is assur even if the food is fully cooked and even if one avoids chazara issues. However, we know that according to the Rema, it is muttar to reheat an item if it has not fully cooled. Similarly, it would be muttar to ask the non-Jew to reheat the food if it has not fully cooled down. If it has totally cooled, there would be an issue of bishul achar bishul for the Jew to reheat it; similarly, it would be assur to ask a non-Jew to heat it.

If the non-Jew was asked to heat up the food and did so, bedieved, the question becomes whether one can benefit from the food. There are some opinions that bishul achar bishul is completely muttar. We have learned that although we pasken that maaseh shabbos is assur, if one creates maaseh shabbos, here it is not assur bedieved, since there are poskim who hold it is muttar. If so, here as well, we do not prohibit bedieved the heated food, since there are poskim who hold it is muttar. Although the issur bishul is deoraysa, the issur to benefit from the item is derabanan, so we would apply safeik derabanan lekula.
The fact that the issur was done through amira l’achum does not affect the heter to benefit from the food in this case. The Chayei Adam adds that there are also poskim who hold that there is no concern of bishul achar bishul even if the item is completely cooled, which adds another element of heter in this case.

Regarding the issue of chazarah, it must be that if there is no concern for chazarah over here, there was something separating between the fire and the item, so that the chazarah is muttar, and the only concern is the bishul achar bishul.

Summary
Certain cases of amira l’achum are muttar, such as asking the non-Jew to light a fire to heat the house, due to the concept of hakol cholim eitzel hatzinah.
Once it is muttar for the non-Jew to light the fire, a non-Jew can place food on the stove before it is lit, so that it will warm up as a result of the non-Jew lighting the stove.
However, it is assur to ask the non-Jew to place the food on the stove after it has already been lit, even if the food is fully cooked and even if there is no concern for chazarah.