To return are not to return- that is the question.

Now that we have concluded the discussion on whether you are allowed to leave a pot of cooked food on the stove once Shabbat has commenced (i.e. שהיה), the Gemara turns its attention to the second half of the first Mishna discussing whether one is permitted to return a pot to a stove (חזרה). “Beit Shammai say: One may remove a pot from the stove on Shabbat but may not return it. And Beit Hillel say: One may even return it (as long as the coals are adjusted).” ( TB Shabbat 36b) (Sefaria.org translation)

Today’s daf TB Shabbat 38 discusses two of the five conditions that must be met before one returns the pot to the stove. The first three conditions are nonnegotiable. They are: 1, the food must be fully cooked; 2, the food must be hot; 3, the fire has to be adjusted. The two other conditions under discussion on today’s daf are: 1, whether the pot needs to remain in the person’s hand or may he set it down on the ground? 2, what was your intention when you removed it from the stove i.e. was it to return it or not?

“Rabbi Zerika said that Rabbi Abba said that Rabbi Tadai said: They only taught that it is permitted to return vessels with the food inside them when they are still in his hand; however, if he already placed them on the ground, he obviously regretted placing them on the fire and it is prohibited to replace them on the stove. Rabbi Ami said: That which Rabbi Tadai did and said, he did on his own, and not in accordance with the accepted halakha. Rather, Rabbi Ḥiyya said that Rabbi Yoḥanan said as follows: Even if one placed the pot on the ground, it is permitted to return it to the stove.

“The Gemara remarks that Rav Dimi and Rav Shmuel bar Yehuda disagreed about this matter, and both stated their opinion in the name of Rabbi Elazar. One said that when they are still in his hand, it is permitted to return them to the stove; when they were already placed on the ground, it is prohibited to do so. And one said that even if one placed them on the ground, it is also permitted to return it to the stove. Ḥizkiya said in the name of Abaye: That which you said, that when it is still in his hand, it is permitted to return it to the stove; we only said that halakha when his original intention was to return it to the stove. However, when it was not his original intention to return it, and he reconsidered and decided to return it, it is prohibited to return it. This proves by inference that if one placed it on the ground, even if his intention was to return it, it is prohibited.

“Some say a different version of what Ḥizkiya said in the name of Abaye: That which you said, if one placed it on the ground it is prohibited; we only said that halakha when it was not his original intention to return it. However, if his original intention was to return it, it is permitted. With regard to this matter, Rabbi Yirmeya raised a dilemma: In a case where he neither placed them on the floor nor held them in his hand, but he hung them on a stick, what is the ruling? In a case where he placed it on top of a bed, what is the ruling? Similarly, Rav Ashi raised a dilemma: If one transferred them from one urn to another urn what is the ruling? The Gemara said: These dilemmas stand unresolved.” (Sefaria.org translation)

Because the Gemara doesn’t come to a conclusion about these two conditions, holding the pot in one’s hand and a person intention’s, the Rishonim are divided on the correct course of action. The Rema and the Rosh decide to be stringent since the Gemara doesn’t come to a conclusion and require the person to keep the pot in his hands with intention of returning it to the stove.  The Bet Yosef (Joseph Caro) and the Rambam take the lenient position and permit the placing of the pot on the ground and even without the initial intention of returning it to the stove.

The Gemara then describes three kinds of stoves.  The kirah, כִּירָה, is a box like stove that can hold two pots either inside or on top and is the least heat efficient. The kupach,  כּוּפָּח , is a smaller box like oven that can only hold one pot on top or inside and is more heat efficient than the kirah. The tanor, תָּנוּר, is an inverted V shape oven being wide at the bottom and narrower at the top. The tanor is the hottest of the three ovens. Their ability to retain heat will determine the outcome of Jewish law concerning cooking on Shabbat.