A Final Note
Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator on
Shabbat

 By Yaacov Sasson

The purpose of this note is to
establish conclusively that Rav Simcha Zelig Reguer, the Dayan of Brisk,
never permitted opening a refrigerator on Shabbat when the light inside will go
on. I was deeply disappointed to read Rabbi Michael Broyde’s response[1] to
my “Note Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator
on Shabbat.”[2] In
short, R. Broyde has incorrectly asserted that Rav Simcha Zelig permitted
opening a refrigerator on Shabbat when the light inside will go on. In truth,
Rav Simcha Zelig permitted opening a refrigerator when the motor will go on; he never addressed the refrigerator light at all. Rather than admit to this
simple mistake, R. Broyde has chosen to reiterate his basic error and compound
it with further errors. Furthermore, R. Broyde has entirely ignored the crux of
my own argument, specifically that the articles to which Rav Simcha Zelig was
responding were about triggering the refrigerator motor by allowing warm
air to enter. Those articles do not mention refrigerator lights at all. It is
therefore untenable to claim that Rav Simcha Zelig permitted opening a
refrigerator on Shabbat when the light inside will go on.

Let us proceed to examine how
each argument advanced by R. Broyde is incorrect. Below are direct quotations
from R. Broyde’s response (in bold), followed by my own comments.

“The relevant paragraph of the
teshuva by Dayan Rieger reads simply:

ובדבר התבת
קרח מלאכותי נראה כיון דכשפותח את דלת התיבה הוא כדי לקבל משם איזו דבר ואינו
מכוין להדליק את העלעקטרי הוי פסיק רישיה דלא איכפת ליה אפילו להדליק אם הוא באופן
שהוא פסיק רישיה.

And in the matter of the artificial [electric]
icebox it appears that since when one opens the door of the box to get
something from there and does not intend to ignite (light) the electricity it
is a psik resha that he does not care about, even to light in way that
is a psik resha.”

R. Broyde’s citation has omitted the first several words of the paragraph,
which read as follows[3]:

הגיעני השלשה
כרכים הפרדס ובדבר התבת קרח מלאכותי…

“I received the three issues of Hapardes and in the
matter of the artificial [electric] icebox…”

This omission is significant, because these words make clear that Rav
Simcha Zelig was addressing the refrigerator question raised in earlier issues
of Hapardes. (See Hapardes 1931 num. 2 page 3, and Hapardes
1931 num. 3 page 7.) The question under discussion in those previous volumes was
the triggering of the refrigerator motor, and not the light, as noted.

Also of note, is that at the end of his teshuva[4],
Rav Simcha Zelig addressed Rav Moshe Levin’s question regarding the
permissibility of making ice on Shabbat. Rav Simcha Zelig cited this question
specifically in the name of Rav Levin. This is significant because the ice question
appeared in the name of Rav Levin in Hapardes 1931 num. 3 page 7, in
an article about triggering the refrigerator motors.[5] See
the final paragraph of the article titled “Frigidaire” in the image below:

So it is clear that Rav Simcha Zelig introduced his teshuva with a reference to the prior issues of Hapardes. And
it is also clear that he closed his teshuva by addressing Rav Moshe
Levin’s ice question from Hapardes (which appeared in the article
entitled “Frigidaire”, shown above, about the refrigerator motors.) R. Broyde
apparently contends that in between, Rav Simcha Zelig veered off to address an
unrelated question which never appeared in Hapardes (that of the
refrigerator light), without ever addressing the question of the
refrigerator motor itself. And he did this while directly addressing the
ice question from the article entitled “Frigidaire”, but never addressed the
main substance of that article, the refrigerator motor. The absurdity of this
position is self-evident.    

Also of note is the introductory paragraph to Rav Simcha Zelig’s teshuva,
presumably written by the editor, Rav Shmuel Pardes, which reads as follows[6]:

תשובה זו מוסב על
השאלה הנדפסת בהפרדס, אם מותר לפתוח תבת קרח מלאכותי בשבת, או לשום מים בתיבה
לעשות קרח בשבת.

This teshuva addresses the question that
was printed in Hapardes, whether it is permitted to open a refrigerator
on Shabbat, or to put water inside the refrigerator (freezer) to make ice on
Shabbat.

Rav Pardes clearly understood and presented Rav Simcha Zelig’s teshuva
to be addressing the question of triggering the motor, which had been raised in
earlier issues of Hapardes.

Furthermore, R. Broyde’s translation of Rav Simcha Zelig’s words is inaccurate,
and the effect of this mistranslation permeates his entire response. The
closing words of Rav Simcha Zelig in the paragraph cited by R. Broyde are:

הוי
פסיק רישיה דלא איכפת ליה אפילו להדליק אם הוא באופן שהוא פסיק רישיה.

R. Broyde has translated these words as:

“…it is a psik resha that he does not care
about, even to light in way that is a psik resha.”

The astute reader will notice that the bolded words in the Hebrew citation
are left untranslated by R. Broyde, essentially ignored, as if they do not
exist. The closing words of this sentence are correctly translated as follows: even
to light IF IT IS in a way that is a psik reisha. Most of R. Broyde’s
response revolves around the incorrect assertion that since Rav Simcha Zelig
referenced a psik reisha, he must have been referring to igniting the
light, which is a psik reisha, and not the motor, which is not a psik
reisha. However, correctly translated, Rav Simcha Zelig says that opening
the refrigerator is permitted EVEN IF there is a psik reisha involved.
Such conditional language is entirely out of place when referring to a light,
which is certainly a psik reisha. This conditional language is only applicable
to the refrigerator motor, because there are times when, unbeknownst to the
person, the opening of the refrigerator door will immediately trigger the motor
to go on because of the already heightened initial air temperature inside the
refrigerator. (Such a situation is known in the language of the Poskim
as a “Safek psik resha”, as noted in Hapardes 1931 num. 3 page 6
regarding the refrigerator motor. It is the subject of dispute whether such an
action is permissible, similar to a Davar Sheaino Mitkavein, or
prohibited like a psik reisha.) Rav Simcha Zelig’s qualification that it
is permitted to open the refrigerator door even IF the situation is one of psik
reisha makes clear that he is referring to the refrigerator motor, contrary
to R. Broyde’s misreading.[7]

“A careful reader of the first sentence, and indeed of the entire teshuva,
can sense that there is some ambiguity here about the electrical object
referred to, since Dayan Rieger does not specify the source or consequence of
igniting the electricity.”

There is no ambiguity to anyone who has seen the previous issues of Hapardes
which deal with the question of the refrigerator motor. There can only be
ambiguity if one reads Rav Simcha Zelig’s teshuva
entirely out of context, without looking at the articles to which he was
responding.

“Particularly in the Yiddish spoken culture of that time, the term
“electric” seems to have meant “lights” and not electricity or motor.”

R. Broyde’s assertion that “electri[c]” did not mean electricity or motor is
incorrect. See for example, the language in Rav Shlomo Heiman’s letter (dated
Erev Sukkot 5697/1936), printed in Chosen Yosef[8], and
reprinted in later editions of Chiddushei Rav Shlomo:

פקפק כת”ר
שליט”א בענין פתיחת הפרידזידעיר על העלעקטרי דע”י פתיחתו הוא
מבעיר העלעקטרי ורוצים להתיר על פי שטת הערוך דהוי פס”ר דלנ”ל
דיותר נוח לו שלא יכנס שם אויר קר, ולא יעלו לו הוצאות העלעקטרי…

In this short excerpt, Rav Shlomo Heiman uses “elektri” to refer to
both the refrigerator motor and to electricity. Rav Heiman was clearly discussing
the permissibility of opening the door and triggering the refrigerator motor,
and refers to triggering the motor as kindling the “elektri”, the same
exact term used by Rav Simcha Zelig. Rav Heiman further notes that this is
considered “lo nicha lei” because the person would prefer to save the
additional expense of “elektri”, i.e. electricity.

See also the words of Rav Chaim Fishel Epstein, in Teshuva Shleima
vol. 2 – Orach Chaim, beginning of Siman
6[9]:

נשאלתי בדבר
המכונה המקררת בכח חשמל שקורין ריפרידזשיאטר, שבעת שפותחים הדלת נכנס אויר חם ואז
נתעורר כח החשמל (עלעקטריק בלע”ז) והמכונה מתחלת להניע ולעבוד כדי להוסיף
קרירות…

Here, Rav Epstein synonymizes koach chashmal, or electricity, with “עלעקטריק”.

See also Hapardes 1931, num. 2 page 3, where zerem hachashmali, or
electric current, is synonymized with
“עלעקטריק”. R. Broyde’s contention that “electri[c]”
did not mean electricity or motor is simply false.

“Elektri, according to
my colleague at Emory, Professor Nick Block, more likely means the light than
anything else in 1930s Yiddish.”

One need not be a Professor of German Studies to
recognize that within a discussion of
refrigerator motors, it is more than likely that “Elektri” means a
refrigerator motor, the subject under discussion, or its associated electricity.
This was true even in 1930s Yiddish spoken culture; see Rav Shlomo Heiman’s
1936 letter cited above.

Additionally, as mentioned above, Rav Pardes (editor of Hapardes)
clearly understood Rav Simcha Zelig’s teshuva to be addressing the
question of triggering the motor, which had been raised in earlier issues of Hapardes.
Rav Pardes’ knowledge of 1930s Yiddish was certainly robust.

“Second, and much more importantly, the halachic analysis presented by
Dayan Rieger addresses a direct action, while everyone else who discusses the
motor speaks about an indirect action…opening the door usually leads to an
increase of air temperature inside the refrigerator, which eventually directs
the motor to go on…many times when the refrigerator is opened, the motor does
not go on at all…But Dayan Rieger makes no mention of this…he assumes that when
the refrigerator door is opened the electrical object under discussion is always
ignited, and it does so immediately and directly, thus causing a melacha.
This is the formulation of psik resha, which inexorably causes melacha
each and every time…”

This section is entirely wrong, and is predicated on R. Broyde’s
misreading/mistranslation of Rav Simcha Zelig’s words, as noted above. That Rav
Simcha Zelig added the qualification of “IF IT IS” a psik reisha renders R. Broyde’s words here to be entirely
irrelevant and incorrect. Rav Simcha Zelig’s language of “IF IT IS” a psik
reisha makes clear that he is assuming that the motor is not always
ignited by opening the door, but at times it might be ignited in a manner of psik
reisha, due to the heightened initial air temperature inside the
refrigerator. (Again, such a situation is known as “safek psik reisha”
in Rabbinic parlance, as the air temperature inside the refrigerator is not
known to the opener.) Contrary to R. Broyde’s assertions, Rav Simcha Zelig’s
language here is a clear proof that Rav Simcha Zelig’s teshuva was in reference to the refrigerator motor and not the
light.

“Professor Sara Reguer noted by email to me that “my grandfather conferred
with scientists and specialists in electricity before giving his response,” and
given this fact it is extremely unlikely that he missed such a basic point that
anyone who repeatedly opened and closed a refrigerator would have noticed.”

This argument is also incorrect, and is again predicated on R. Broyde’s
mistranslation of Rav Simcha Zelig’s words. Also significant is R. Broyde’s
citation of Dr. Reguer (in his footnote 8) that “she is certain that this teshuva
is referring to the thermostat or motor and not the light.”

“First, the other substantive halachic logic employed by Dayan Rieger which
analogizes elektri to sparks seems to me to be a closer analogy to a light than
to a motor which is hardly fire at all; sparks like incandescent lights, are
fire according to halacha.”

R. Broyde is wrong again. In fact, several poskim have noted that
ignition of the refrigerator motor also generates sparks.[10] See
the words of Rav Chaim Bick[11],
describing the problem of the refrigerator motor in Hamesila (2:1)[12]:

וע”י הגלגל
נושב רוח ומוליד הקר לחלק השני של התבה, אשר שמה נמצאים כל צרכי אכל ומשקה. הגלגל
בשעה שמתחיל מרוצתו יוצא ממנו נצוץ-אשי…

And by way of the wheel,
the wind (i.e. air) blows and creates the cold in the other section of the box
(refrigerator), where all the food and drink are located. The wheel, when it
begins to run, emits fire-sparks…

See also the words of Rav Chaim Dovid Regensburg,
describing the problem of the refrigerator motor, in Mishmeret Chaim, siman
3[13]:

ומה שלפעמים ניצוצות ניתזים, ברגע של מגע החוטים
החשמליים אחד בשני, אין זו הבערה, כי מלאכת מבעיר ביחס לשבת לא חשובה אלא אם האש
נאחזת באיזה דבר, וכן כתב הפרי מגדים סי תקב… 

And that sometimes sparks
fly off,
at the moment that the electrical wires touch each other, this is not havara,
because melechet havara with respect to Shabbat is only considered when
the fire takes hold to something, and so wrote the Pri Megadim…

See also the words of Rav Shlomo Zalman Auerbach, within a discussion of
the ignition of the refrigerator motor in Minchat Shlomo (Kama), Siman
10, Anaf 2 Ot 4[14]:

אולם יש טוענים
דיש לחשוש לזה, שבכל פעם שמתחדש מעגל חשמלי יוצא במקום החבור ניצוץ קטן של אש
ונמצא שבפתיחתו הוא גורם למלאכת מבעיר…

However, some claim that one should be careful
about this, that every time that an electric circuit is completes, a small
spark of fire comes out of the place of connection, and thus through his
opening [of the refrigerator door] he is causing the melacha of mav’ir…

Thus, contrary to R. Broyde’s assertion, Rav Simcha Zelig’s mention of
sparks is in fact directly analogous to the ignition of the refrigerator motor,
which actually involved creation of sparks.[15]

“Secondly, there has been a regular subset of poskim (as shown by Rabbi
Abadi’s most recent teshuva, Ohr Yitzchak 2:166) who adopt the exact analysis
and view of Dayan Rieger and view the light as lo ichpat since one does
not want it and a light is on already.”

To refer to a single teshuva, published in the 21st
century by a lone posek, as “a regular subset of poskim” would seem to
be somewhat of an exaggeration.

“On the other hand, there is a good and natural impulse to read halachic
literature conservatively and to press for interpretations that align gedolim
with one another and not leave outliers with halachic novelty.”

My original note and my comments here in no way reflect any impulse to read
halachic literature conservatively. They reflect my impulse to read halachic
literature correctly.

“Furthermore, I do recognize that many halachic authorities who have cited
Dayan Rieger’s teshuva have quoted it in the context of the motor and not the
light…”

More accurately, all halachic authorities who have cited Rav Simcha
Zelig’s teshuva have quoted it in the
context of the motor and not the light.

“But, I think these citations are less than dispositive for the following
important reason: Those who quote Dayan Rieger’s view as something to consider
about the motor note that his analysis is halachically wrong…Poskim generally
spend less time and ink explicating the views of authorities whom they believe
to have reached inapt or incorrect conclusions of fact or law compared with
those whom they cite in whole or in part to bolster their own analysis.”

It is unclear to me whether R. Broyde means that all of these Poskim
have misunderstood Rav Simcha Zelig’s position, or that they have
misrepresented it. Either way, the assertion is bizarre. I will leave it to the
readers to judge whether such an assertion is tenable.

The following is a partial list of Poskim and scholars who have
cited Rav Simcha Zelig as having permitted opening a refrigerator on Shabbat
when the motor will go on, and not
in the context of the refrigerator light[16]:

1)     
Rav Ovadya
Yosef (Yabia Omer, Orach Chaim Chelek 1, Siman 21, Ot 7)

2)    Rav Yehoshua
Neuwirth (Shemirat Shabbat Kehilchata, Perek 10 Footnote 33 in
the 1979 edition. This appears in Footnote 37 in the 2010 edition.)

3)     
Rav J. David
Bleich (Tradition, Spring 2017, pages
57-58)[17]

4)     
Rav Chaim
Bick (Hamesila 2:1)[18]

5)     
Rav Gedalia
Felder (Yesodei Yesurun, vol. 3 page 293)[19]

6)     
Rav Shlomo
Tanavizki (Birkat Shlomo, end of siman 2)[20]

7)     
Rav Moshe
Shternbuch (Teshuvot Vehanhagot vol. 1 Siman 220)[21]

8)     
Rav Chaim
Fishel Epstein (Teshuva Shleima vol. 2, end of Siman 6)[22]

9)     
Rav Chaim
Dovid Regensburg (Mishmeret Chaim, Siman 3, page 27) [23]

10) 
Rav Chaim
Druck (Noam Vol. 1 page 281)[24]

11) 
Rav Shmuel
Aharon Yudelevitz (Hachashmal Leor Hahalacha, page 130)[25]

12) 
Rav Yosef
Schwartzman (Shaashuei Torah, Chelek 3 – Shabbat,  pages 391-392)

13) 
Rav Shlomo
Pick (Who is Halakhic Man?, in Review of Rabbinic Judaism 12:2, page
260)[26]

In conclusion, it is clear that Rav Simcha Zelig’s teshuva about
opening refrigerators on Shabbat addressed the problem of the motor turning on
when the door is opened. Every argument put forth by R. Broyde is wrong. Rav
Simcha Zelig’s position was that it is permitted to open a refrigerator when
the motor will go on, as triggering the motor is classified as a psik
reisha d’lo ichpat lei, which is equivalent to lo nicha lei. Rav
Simcha Zelig never addressed opening a refrigerator when the light will
go on.

Postscript:

Regarding R. Broyde’s admonition of my tone, that “we certainly could use
more light and less heat”, I could not disagree more. I will simply quote the
words of Rav Yosef Dov Soloveichik in his remarkable speech at the 1956 Chinuch
Atzmai Dinner, in appreciation of Rav Aharon Kotler[27]:

קאלטע תורה, ווי
קאלטע ליכט, איז גארנישט. עס דארף זיין הייס ליכט, א’מיר’זך
אפ’בריען ווען מ’קומט’מן צו אים…

Cold Torah, like cold light, is worthless. It must
be heated light so that one burns himself in its proximity…