Sorting Out Dishes and Silverware on Shabbos

Question

I have a large family and we generally have many guests for Shabbos. We have a limited amount of plates and silverware, and therefore, as soon as our seudah ends, I need to wash all of my dishes and cutlery for the next meal. I generally wash all of the utensils and then put the plates and silverware away in their proper place.

Recently, one of my guests pointed out that this may present an issue of borer. I wanted to ask Rav Sternbuch if this is permitted or if I should be doing things differently.

Thank you.

L. E.

Rav Sternbuch 

The classic case of borer is when one separates actual pesoles, unwanted matter, from ochel, food or other needed items. However, there is another case of borer, such as your question, where both items in the mixture are needed, but you are separating them in order to organize them (miyun). This type of borer is also forbidden mide’Oraisa, and therefore your case should be forbidden (see Biur Halacha 319:3).

However, if we analyze this melacha more carefully, there is seemingly a reason to be lenient and permit your case. The reason for this is because in the Mishkon, meleches borer was done with plants that were used as dyes and were mixed together with particles of dirt and other unwanted substances. Since the items were mixed well, one had to use both effort and precision to separate them.

Based on this line of reasoning, the issur borer may only apply to items that are mixed together in a way that requires significant effort and precision to separate—for example, pieces of fish or a pile of clothing. In both of these cases, one has to search carefully to select what he needs, and that is the Torah prohibition of borer.

In a normal set of silverware, most of the items are large and easily discernible as separate pieces in a pile. Since each piece of silverware can easily be identified and removed from the pile, perhaps the issur borer should not apply. If this were true, then, in your case, there would only be an issue of borer if the mixture was composed of very small utensils.

In fact, the Ohr Somayach (Rambam, Hilchos Shabbos 8:11) writes that meleches borer only applies when the items in question are balul, well mixed. Based on that, there would be no borer when selecting large seforim from a Shas or a Rambam even if one does not plan to use them right away. The same argument could be used to permit sorting silverware.

However, as far as halacha lemaaseh, the poskim did not accept this argument. The Terumas Hadeshen (1:57) starts off by suggesting a similar argument himself, but then concludes that since we are dealing with a Torah prohibition, we cannot rely on sevaros—logical arguments—to permit Torah prohibitions. Rather, one would need a very clear proof to permit this. Both the Bais Yosef and the Rama (319:3) cite the ruling of the Terumas Hadeshen as halacha lemaaseh.

It is true that the Terumas Hadeshen was referring to a mixture of fish, which is more mixed up than a mixture of silverware. Nonetheless, most of the poskim do not seem to make this distinction. They forbid sorting out silverware even when each utensil is large and clearly distinguishable by itself.

Therefore, since we are dealing with a potential Torah prohibition, you are playing with fire to be lenient. Rather, you should wash and dry each piece of silverware separately, and while it is still in your hands, you should put it back in the proper place. Since while in your hands it is not part of a mixture, you are avoiding any issues of borer whatsoever (see Teshuvos Vehanhagos 1:210).