Dosh 35 - Making Ice 2 (Klal 14 Siman 11) Hilchos Shabbos - S0397

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Dosh 35 - Making Ice 2 (Klal 14 Siman 11) Hilchos Shabbos - S0397

We are continuing in siman 11, regarding the halachos of melting ice and snow.

Rav Pesach Eliyahu Falk, the halacha rebbe in Gateshead Seminary, wrote a four-volume set of seforim on Shabbos, called Zachor Veshamor. He discusses the halachos of dosh in the first volume, and clarifies an important point based primarily on the teshuvos of the Betzel Hachochma and Mahari Assad. He writes that the issur of passively changing something, such as converting water into ice, is only an issue if there is a halachic change which occurs to the item. If it is done in a passive manner and the change is not halachically significant, it is not assur.
A practical application of this point is the difference between water in a liquid state versus a solid state. The difference between ice and water is significant enough to be considered a halachic change, as the liquid is considered mashkeh, and the solid is up to the person to decide. Ultimately, whether it is assur will depend on the manner in which it is done, as we discussed above. On the other hand, if one places something in the freezer (which is passive, as we have discussed) which does not halachically change status when frozen, there will be no issur to place it in the freezer. Rav Falk quotes this psak primarily from teshuvos Betzel Hachochma and Mahari Assad.
Thus, Rav Falk writes that if one has ices, sorbet or ice cream which melted, and they wish to refreeze it, if the primary ingredient state is water ( a sorbet may have this problem), the status changes and it is assur. If the primary ingredient is another item, such as eggs, sugar or cream (pareve ice cream), which are considered an ochel even in their liquid form, refreezing would be muttar, since there is no halachic change occurring to the food, and since it is done in a passive manner.
Actively freezing it, such as churning it, will be assur. In the same vein, actively thawing the ice cream, such as by trying to mix it, will be assur as well. Removing the ice cream from the freezer and simply placing it on the table is considered passive and will be muttar.

If one wishes to pour some water on the ice cream or popsicle container in order to loosen the food inside, it is muttar, since only a small amount will melt, which is insignificant. This is muttar because there is no intent to melt the frozen item, coupled with the fact that only a small amount melts.

If one melted an item which was assur to melt, such as ice cubes not in a water medium, the liquid is considered nolad. Although some are of the opinion that the outcome is assur to use on Shabbos, we pasken that it is muttar to use it. However, Rav Shlomo Zalman writes that practically, since water is so readily available, it is preferable to avoid the machlokes and not to use the water.

Nolad is more chamur on Yom Tov than it is on Shabbos. Thus, even if one is meikil to drink the water from the melted ice cubes (above) on Shabbos, one should refrain on Yom Tov.

Summary
It is muttar to defrost or refreeze ice cream or sorbet if the primary ingredients are not water, because the issur of nolad only applies when there is a halachic change to the item.
One may not actively cause this to happen. Putting the item in the freezer, or removing it, are considered passive for these purposes.
Even in cases where it was assur to melt the water, it is nevertheless muttar to make use of the outcome. Rav Shlomo Zalman suggests that practically, since water is readily available, it is preferable to avoid using it.
On Yom Tov, it is assur to use the outcome.