[Avodah] psak and rationality

D&E-H Bannett dbnet at zahav.net.il
Mon Oct 5 03:58:16 PDT 2009


Re: <<Dud shemesh according to many passim is toldas hama
and assur miderabbanan. That is because the hama heats an
intermediary.>>

Even if you consider that the heating of the water is direct
chama and therefore mutar, there is still, a problem.  As 
one takes
hot water from the tank, cold water enters the tank and is
heated by the chama-heated water in the tank. This heating
is definitely toldot hachama and assur. BTW, the cold water
enters both the tank and the heating coils in parallel.


And, Re: <<RMF and the Rav, RYDS, both held that where 
Toledos
HaChamah is from a device specifically manufactured for this
purpose that even though such a device wasn't at Har Sinai,
it's now a "bishul device" where companies make a
comfortable profit from such a device and should be assur.
He mentioned that some argued with RMF and RYDS and said "it
wasn't at Sinai" but that RMF & RYDS stood by their views.>>

R'SZA"s p'sak is that, as the heater is specifically 
manufactured
for use with chama, the gezeira on toldot chama doesn't
apply as there is no safek of how the water was heated. 
This p'sak was made on the first generation of solar water 
heaters.  Rabbi L"Y Halperin noted that solar water heaters 
are now made with built-in electric heating elements for use 
on cloudy days and duringhigh consumption.  So, today, the 
gezeira applies as there is a chance of heating incoming 
cold water with water heated by the heating elements and not 
by the sun.  While some argued that, if the heating elements 
are disconnected there is no safek ands the gezeira doesn't 
apply, Rabbi Halperin holds that the existence of the 
electrical heating elements in almost all solar water 
heaters creates the safek and application of the gezeira 
even if you disconnect the elements.


Mo'adim L'simcha,

David





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