By Rabbi Yair Hoffman for 5tjt.com

THE COPEPODS

A number of years ago, copepods that were visible to the naked eye were discovered in New York City’s drinking water.  The discovery sparked great halachic debate.  The problem, of course, is still an issue and many observant homeowners have installed house or sink filters in their homes.

Someone recently posed the following question:

Can one use the Lifestraw on Shabbos?

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Before we get to that question, let’s first ask – what is a lifestraw?

WHAT IS A LIFESTRAW?

It is a straw with a microfiltration membrane.  The membrane removes 99.999999% of waterborne bacteria (including E. coli and salmonella), and 99.999% of waterborne parasites (including giardia and cryptosporidium).  It also removes the smallest microplastics found in the environment down to 1 micron.  The straw’s filter will also filter 250 gallons of water.  It does not have the ability to filter out salt.  The “Lifestraw” has a  5 straw, er star, rating on Amazon – and has over 80,000 reviews.

And now onto trying to answer the first question. The issue, of course, is Borer – separating on Shabbos. Of course one should always consult with one’s own Rav or Posaik and not rely on what one reads on the internet.

Rav Yoseph Karo (1488-1575), in his Shulchan Aruch (OC 319:16) rules as follows:

“Water with bugs may be drunk through a cloth on Shabbos because Borer and Meshamer only apply when separating prior to eating or drinking, but while actually drinking it is permitted to block the refuse from entering one’s mouth because it is not similar to the Melacha at all.”

This ruling of the Shulchan Aruch is based upon the words of the Rosh in a responsum (22:9).

TWO ELEMENTS

The Shulchan Aruch and the Rosh both mention two elements here:

1] Borer applies only when the separation happens before the eating or drinking

2] It is not similar to the melacha at all.

THREE EXPLANATIONS

At first glance, it would seem that any one of these elements would suffice to make the borer Based upon how one understands the need for both of these elements, there appear to be three different explanations to this subparagraph of the Shulchan Aruch.

There is the explanation of the Taz.  There is the explanation of the Pri Magadim.  And there is the explanation of the Mishna Brurah.

Rabbi Dovid HaLevi Segal (1586-1667), in his Turei Zahav commentary on Shulchan Aruch (the Taz) explains this halacha by referring back to the malacha of dash – wherein the Ramah permits the sucking of grape juice from grapes.  The explanation seems to be that when done by the mouth, various malachos are permitted.

Rabbi Yoseph ben Meir Teomim (1727–1792), author of the Pri Magadim in super-commentary on the Mogain Avrohom (Aishel Avrohom 319:15) seems to explain the heter here as follows:  The prohibition of Borer when using a kli is only in regard to the semi-immediate use of before the meal, but use of a kli would be permitted during the eating or drinking itself.  In other words, while eating or drinking it would be permitted.

Rav Yisroel Meir ha-Kohen Kagan (1838 – 1933), author of the Mishna Brurah in his Biur Halacha (319 “HaBorer”) seems to have a third, somewhat undefined, way of understanding this halacha within a discussion about the debate between the Maharitatz and the Mahari Abulafia.  It seems, however, that he is taking a stricter approach than that of the Pri Magadim in explaining the Rosh.  Specifically, that he is only permitting it during the act of drinking itself – in the mouth.

POSSIBLE CAVEAT

It could be that theleniency of the Rosh is limited to the use of a cloth, where we are not employing a full-fledged kli.  However, the life straw may be considered a kli and might be beyond what the Rosh intended.  We will get back to this shortly.

BACK TO THE STRAW

Aside from the aforementioned caveat, according to the Pri Magadim, it would be permitted to use the LifeStraw on Shabbos.  According to the Biur Halacha, it might be limited to actually in the mouth itself. If the filtering happens, let’s say at the bottom of the straw, it would not be permitted.  Here, however, the filtering happens throughout the strawm and it could be considered as an extension of the mouth.  This is particularly possible because many people hold you need strong sucking power to make it happen.

BACK TO THE CAVEAT

In the Sefer Ayil Mehsulash Chapter 7 paragraph 38, the author cites a ruling of both  Rav Vozner zt”l and Rav Nissim Karelitz zt”l permitting it.  He also cites a ruling of Rav Elyashiv zt”l forbidding a case of a straw with the filter on the bottom part of it.

We thus have a debate among our recent Gedolim about the issue.  It could be, however, that the lomdus of an extension of the mouth may have been acceptable to Rav ELyashiv.  This author, however, believes that it is unlikely.  The author would like to remind the reader that one should ask his or her own Rav or Posaik.

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The author can be reached at [email protected]

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