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Section: Questions   Category: Halacha
TAGS:kli  make b'patish  shabbos
Halacha - "Break-Apart Ices"
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: Yes, it is permitted because one may tear on Shabbos to access food and you are not creating a kli because the empty tube will be disposed immediately on finishing the ices and not reused.
posted:2009-08-12 17:01:26

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Visitor Comments: 2

Rabbi Peretz Moncharsh, 2009-11-09 14:27:16
The Chazon Ish, in fact, writes as you mentioned; that keeping the food in the kli until it is finished is problematic. However HaRav Moshe Feinstein zatzal in Igros Moshe OC 1:122 anaf 9 and 10 clearly writes that as long as no new item will be placed in the container it may be opened on Shabbos, even if the original contents will only be emptied over time. HaRav Shlomo Zalman Auerbach zatzal ruled similarly as quoted in Shmiras Shabbos K'Hilchaso 9 note 10 and in Shulchan Shlomo on siman 314. Additionally, Yesodei Yeshurun 4:113, Chelkas Yaakov 3:8, Minchas Yitzchok 4:82, Kaf HaChaim 314:38, Be'er Moshe 3:89 and Ohr L'Tzion 24 all follow the lenient opinion. Since the Chazon Ish seems to be a single opinion against all these Gedolim, I find it difficult to understand why Shmiras Shabbos K'Hilchaso follows his stringent opinion, but I presume he is the source for your "understanding".
Anonymous, 2009-10-16 08:48:04
Can you give me a mareh mokom for this p'sak? I alway understood that since the child uses it while he eats the ices it is considered a k'li.
Thank you.
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