Not so easy to select. The laws of borair (בורר) TB Shabbat 74

One of the 39 prohibited labors on Shabbat is borair (בורר), one who selects the inedible waste from the edible. Today’s daf TB Shabbat 74 cites a very cryptic baraita about borair that needs a lot of explaining.

“The Sages taught in a baraita with regard to the laws of selecting: If there were several types of food before him, and he wants to remove one or more from the mixture, one selects and eats, selects and puts aside. And one may not select, and if one did select, he is liable to bring a sin-offering.” (Sefaria.org translation)

Rashi and Tosafot actually disagree about the very wording of the baraita. Rashi maintains the Gemara’s version. One may choose from two different types of food and not violate Shabbat because he subjectively prefers one over the other. One may not separate food from nonfood. Tosefot’s version reads “If there were two types of food before him.” Consequently, subjectivity plays no role at all and the prohibition of borair applies to two different foods in front of the person.

The Gemara will present five different interpretations of the baraita. I will number each interpretation like this (1) for clarification purposes.

“What is the baraita saying? The end of this baraita contradicts the beginning. (1) Ulla said: It is saying as follows: One selects and eats if he is doing so for the purpose of that day, Shabbat. And he selects and puts aside food for the purpose of that day. And one may not select for the purpose of the next day. And if one did select for the next day, he is liable to bring a sin-offering. Rav Ḥisda strongly objects to this explanation: And is it permitted to bake for that day, and is it permitted to cook for that day? No other labor prohibited on Shabbat may be performed for the purpose of Shabbat, and the same should hold true for selecting.

“(2) Rather, Rav Ḥisda said it is to be understood as follows: One selects and eats less than the measure of a dried fig-bulk, which is the smallest amount for which one is liable by Torah law. One selects and puts aside less than that measure. And one may not select the measure of a dried fig-bulk, and if one did select that measure, he is liable to bring a sin-offering. Rav Yosef strongly objects to this explanation: And is it permitted to bake less than the measure for liability ab initio? Although performing a prohibited labor on a minute measure does not engender liability, it is prohibited (according to the Torah-Rashi). Therefore, the baraita cannot be interpreted as saying that one may ab initio select an amount that is less than the measure for liability.

“(3) Rather, Rav Yosef said: One selects and eats by hand, selects and put aside by hand. However, with a basket [kanon] or with a plate, both of which are large, flat vessels used for sorting sizeable quantities, one may not select ab initio. And if he did select, he is exempt from bringing a sin-offering if he did so unwittingly. If he did so intentionally he is exempt from stoning. However, it is prohibited. And one may not select with a sieve or with a sifter. And if he did select with those utensils, he is liable to bring a sin-offering. Rav Hamnuna strongly objects to this: Does the mishna teach anything about a basket or a plate? Rav Yosef’s explanation is based on the addition of details that do not appear in the baraita either.

“(4) Rather, Rav Hamnuna said: One selects and eats if he is removing food from the waste, and similarly, selects and puts aside if he is removing food from the waste. However, one may not select waste from food, and if he did select in that manner, he is liable to bring a sin-offering. The typical method of selecting is the removal of waste from the food. An individual who alters the procedure is not liable. Abaye strongly objects to this: Does the mishna teach anything about food from waste? That detail is not mentioned in the baraita either.

“(5) Rather, Abaye said: One selects and eats if he is removing food for immediate use, and similarly one selects and puts aside for immediate use. However, one may not select for use later that same day. And if he did select, he is considered like one who selects for storage, and he is liable to bring a sin-offering. This explanation requires no emendation of the mishna. It is merely an interpretation of the phrase: One selects and eats, as referring to selecting for immediate use. The Gemara relates that the Sages stated Abaye’s explanation of the baraita before Rava. He said to them: Naḥmani, Abaye, spoke well.” (Sefaria.org translation)

Ulla’s suggested reading (1) and Rav Hisda’s suggested reading (2) are rejected based upon logical reasoning. Rav Yosef’s suggested reading (3) and Rav Hamnuna’s suggested reading are rejected because they have to read into the text words that are not there. No objection is raised about Abaye’s interpretation (5). You can usually count on Rava to disagree with Abaye. If Abaye obligates Rava will permit or vice versa. I admire Rava because he is comfortable in complementing his debating partner’s position saying, “Naḥmani, Abaye, spoke well.”

What are you allowed to do sitting around a table at mealtime? The halakha follows Rav Yosef’s, Rav Hamnuna’s, and Abaye’s positions. (Shulkhan Aruch, Orekh Hayyim 319:1, 3-4)