Aluminium Pans

Makeh B'patish with Aluminum Trays

Question

One of the common items found in a Jewish home (at least of those located in one of the heimishe neighborhoods in the tristate area) are aluminum pans.These come in all sorts of sizes, as well as three options of how to cover them. They are:

1. The standard aluminum/silver foil that comes on a roll or is precut.

2. Cardboard, which is placed on top of the pan, and then one folds down the four tabs on all sides of the pan inwards over the cover, as well as the four corners. [This is commonly found with take-out food, such as potato kugel.]

3. An aluminum cover, where the pan is flat on top, with its sides protruding about a ¼ inch. One places the cover on top of these tabs, and he then folds the tabs attached to the cover inward underneath them, as well as in the corners.

   
   

Is any of this permitted to be done on Shabbos? If it is forbidden, which melacha is it and would it be de’Oraisa or derabbonon? Also, do these pans require tevilah?

Thanks.

Leibel

Rav Auerbach 

The melacha of makeh b’patish is when one puts the finishing touch on a kli, a utensil. The Biur Halacha (Orach Chaim 340:4) cites an example of an artisan putting a design on a cup. This is the last act done before using the utensil or putting it up for sale.

These aluminum trays are finished once they come off the production line. When you put the food inside, you are only using the utensil and not completing the utensil. Therefore, opening and closing the metal seal of the trays is definitely not meleches makeh b’patish.

As far as tevilah is concerned, while I am aware that Rav Moshe Feinstein ruled that this does not require tevilah, for these trays are generally used and disposed of, my father-in-law, Rav Yosef Shalom Elyashiv, did not take into account that these are sold as disposable trays, and ruled that these aluminum trays require tevilah.

I personally take both of these opinions into account and rule that one should tovel them without a brocha. However, I have heard that the aluminum trays made under the supervision of the Badatz are produced by Jews in Eretz Yisroel and do not require tevilah, so you should check into this.