Rav Weinfeld: Burning Garbage Cans Could Be a Chashash of Bosor B’Cholov

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protestRabbonim have been vocal in their opposition to the burning of garbage cans as part of the protests against the opening of the Karta parking lot in Yerushalayim on Shabbosos. Matzav.com first reported two weeks ago that Harav Moshe Shternbuch, Rosh Av Beis Din of the Eidah Hachareidis of Yerushalayim, stated, “Burning garbage bins, smashing traffic lights and other destruction of city property does not aid the cause and is a desecration of Hashem’s name. This seeming religious zeal is childish behavior from individuals looking for an excuse to have what they consider a good time.”

Other rabbonim have expressed what they believe to be halachic problems with burning garbage bins as part of a protest. Firstly, they cite the issur of baal tashchis, stating that the incinerating of the garbage receptacles is a waste. In addition, the burning of the receptacles causes a great amount of smoke, which enters the homes of local residents, besides for the strong odor that remains afterwards.

Now, Rav Weinfeld, rov of Ramat Eshkol and rosh kollel of Kollel Lev Avrohom, has raised yet another somewhat surprising halachic concern, that of bosor b’cholov. His view was articulated in writing to yungeleit in his neighborhood. As is known, the issur of lo sevasheil gedi bachaleiv imo not only forbids the consumption of milk and meat together and having benefit from it, but also forbids cooking them together. In the past, perhaps, this would not have been a concern wioth the burning a garbage cans, as the food thrown into the garbage was nifsal mei’achilas kelev and would thus not fall under the prohibition of cooking milk and meat. Nowadays, however, that people throw away real food that is still edible, there would, according to Rav Weinfeld, be a genuine chashash of bishul bosor b’cholov.

{Yair Alpert-Matzav.com Israel}


33 COMMENTS

  1. The massive – global – chilul hashem created by the burnings certanly equal if not overshadow the safek bishul basar ve chalav

    lets focus on the big picture

    we have created a bunch of thugs that do not respect the rule of law

    hell ..

    let them try a stunt like that in china or teheran and see what happens !!!!!

  2. IIRC Rav Osher Weiss talks about this in tshuvos regarding sreifas chometz and paskens its muttar because its derech hefsed.

  3. Not A Golem wrote:

    “we have created a bunch of thugs that do not respect the rule of law”

    one small question: Why does the Chilul Shabbos hurt you less than not respecting the rule of [Secular] law???

    Then you wrote:
    “let them try a stunt like that in china or teheran and see what happens !!!!!”

    What are you meaning to say with this “angry” statement??

  4. china .. Tiananmen Square protests of 1989
    teheran .. last weeks protestors
    in both cases the authorities shot the demonstrators
    B”H thank G-D – israeli police are showing restraint .. demonstrators are not

    let the poskim address the bitul torah and global chilul hashem and then ponder the propriety of starting a fire that may bring about (sic) the cooking of basar ve chalav inadvertently

    we live in a weird world .. specially given that we are about to start the three weeks .. maybe a little perspective .. the churban was not caused by chilul shabbos but rather by sinas chinam

    G-D have mercy on us all

  5. I would think that one is pattur because of Davar Sheeno Mitkaven, the same way they justify being oiver on Lo Tevaaru Eish and hurling stones on Shabbos.

  6. this is the most idiotic thing i have ever read. halivai this should be the problem we should be concerned about.

  7. i would think that one is patur

    surely those participating in hafganot & starting fires are SHOTIM

    a shoteh has no daas ..

    ergo .. patur

  8. In RE: to what Dov wrote of R’ Osher Weiss heter for srefas chometz of basar B’chalav that it is derech Hefsid- Here would be different since they want to have Hanoa from it as opposed to chometz

  9. rav weinfeld shlit”a is considered the the rov of ramat eshkol by many,though he refuses to be reffered to as such.by all accounts he is by far the greatest talmid chochom there,also blessed with a great sense of humor.

  10. Rabbi Weinfeld is one of the greatest rabbonim and talmidei chachomim in the neighborhood.In addition to being a huge talmid chochom he is one of the nicest ppl around, one who would help anyone. My family and I went through a rough time some time ago, and he was the only one in the whole neighborhood who really got involved and helped, quietly and discreetly.
    I later heard from others that he has helped them too, if it was raising money for YT, finding the right specialists for any medical problem and much more.All with a smile and gr8 spirit.
    He raised the concern in passing to a couple of neighbors. This doesnt take away from the fact that burning burning of garbage cans is geneiva and a chilul Hashem.

  11. Anyone who thinks there is an issur of bosor becholov here should have his smicha revoked. It’s a perfect example of lumdus with no brains attached. The next thing we’ll hear is that when there’s a fire in a house, one should run in to remove either all the meat or all the milk.

  12. zalman,with a burning temper like yours i think you should’t have any milchig’s until you burn out or take a very cold shower.please trade in your brains 4 a more easygoing model+start working on your middos asap.otherwise burning in gehennom might become a problem 4 u.cant you take a good lomdihe-brainy joke?feel sorry 4 u.chill out

  13. it is known the sheilah of pouring gasoline on chometz prior to the sreifah since it becomes nifsal meiachilas kelev so ur being mevatel the mitzva of tashbisu
    maybe here this can be a way out, by pouring gasoline on the cans prior to lighting them, so there is no chashash of bosor becholov, and at the same time the kidush hashem of burning a gabage can for the kovod of shabbos is even greater!

  14. the hareidim are now demanding that the city provide a trash cannister with seperate compartements for meat and dairy.one side blue, the other red.so that there will be no shaaloh about setting them ablaze l’kovod shabbos v’yomtov.they r also setting up a vaad harabonim that will be in charge of inforcing this new chumrah as well as raising the funds ect.

  15. Nechemya and voiceofreason- Zalman, while wording it a bit strong, is right. Also, nobody said he isn’t a big talmid chacham and a great person etc, the issue is calling him the Rov of Ramat Eshkol. It is a dangerous precedent to be “migazeim”. Let’s stick to the truth without embellishing the details.

  16. I personally found out that Rav Weinfeld Shlit”a said that it is a Chillul Hashem and was talking in learning with someone when this was overheard and reproted to a blog in Isreal. He said this as derech agav and he never meant it to be publisized. He is an Adam Chishuv and a Gadol that besides has a greathead has a great sense of humor. If he knew that this was being blogged about he would probably laugh.

  17. After reading the replies here, I wish to apologize to Rav Weinfeld and instead divert my ire to his imbecilic listeners. If he intended it to be a joke, it is a very good one, and I applaud the Rav for it. In that case, those who heard it and disseminated it as a serious halachic discussion need to learn Yoreh De’ah. It’s not enough to know and be a Yoreh, you also need some De’ah.

  18. well….zalman is finally catching on2 the pun….and starting to understand that there are “shiveem punim’,however it still dosent give him the right 2 be an “az ponim”since according to some heavyweight poskim (like the dovaiv meashorim)this would actually be considered bishul bosor bechulov.take a deep breath and check it out.

  19. The Dovev Meisharim in Chelek aleph, siman lamed answered a query from a chemist. The chemist wanted to heat up a compound in order to determine whether it had basar and cholov. Obviously, should that turn out to be the case, the act of heating it up would be mevashel bassar becholov. Is it permitted? The Tschebiner Rov said yes, it is permitted , based on the Kesef Mishne which states that the issur exists only if one has intention to eat the product.
    If anyone has a different and contrary tshuva from the Tschebiner Rov, I am willing to hear it. If not, then I stand by every word I said. Paskening is for people with common sense.
    And spreading rumors of idiotic chumras gives a bad name to the Torah learning population.

  20. what i meant to show from that teshuvah is that the chebiner rav in order to be matir in that case felt that he needed to use tosfos’ idea of “hu atzmo mechazer olov lesorfo maichil ku’uchil meneh?”that when one is burning the chametz for the purpose of destruction we need not worry that he will come to eat it.so also,says the chebiner,the chemist who’s doing this in order to avoid bosor bechalav will not come to eat it and therfore according to kesef mishnah(which btw is a creative chidush)will not be transgressing the issur.according to this,in our case where the burning is not for avoiding bb”ch one would be oivair.see also har tzvi yoreh deah#79.how does any if this have anything to do with sense,common or uncommon,beats me.using webster’s definitions of burning and cooking to determine if the issur bishul applies might be the way not to go.its what we call a categorical mistake.zalman its time to lower the flames.

  21. I cannot see in any way how one can infer that the Dovev Meisharim would prohibit setting dumpsters on fire as a political protest based on the act of bishul bosor becholov. To quote, as someone did, that the Tschebiner assur’ed it is false.
    The Kesef Mishna’s approach is common sense. A normal reading of the Torah and halachic sources dictates that one prepares meat and milk together for eating . That’s what people do, they prepare food. Hence, any other purpose would require a “Creative chiddush” to prohibit it and not the other way around.

  22. 1.it is clear to the clear-minded that the svoro of ‘hu atzmo…” is only shayich when one is acting against the issur itself and NOT when he has an agenda that is an outside one like in our case.
    2.the torah never speaks about eating bosor b’cholov [chazal darshen it] so it is a “creative chidush”]to link the bishul to achilah.[see meforshei hatora about the connection with the begining of the passuk that deals with bekurim…..linking this to a pgagan costom of fertilizing the fields with bosor b’cholov…].this might be considered “taamu d’krah”.being soimeich on the kesef mishnah to be matir types of bishul is a “chidush”.and as said b4 common sense has nothing more to do with this then the common cold.

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