Having covered the distinctions between the different
issurim in squeezing, we can now explain the
tshuvos mentioned in the second part, and how they apply to baby wipes:
R' Frank has four heterim:
1) The cloth is being dirtied during use. It therefore has no problem of
Libun, as is shown in the the third point in the last post. This applies to wipes as well.
2) He is not squeezing out the paper, which is dry enough that nothing would come out. As long as nothing comes out, there is no issur of squeezing. This most definitely does not apply to wipes, by which it is virtually certain that water will be squeezed out during use.
3) The water may be considered to be going to waste. If this were true, it would remove the biblical prohibition of Mifarek, as noted in point #4 above. Unfortunately, the concept is greatly contested by
all poskim. The person wants the liquid in order to clean the baby, and uses it for such. How can it be called going to waste?! Even R' Frank in his tshuva is not at all certain about this point. It certainly cannot be relied upon for wipes.
[Nonetheless, I have a possible support for the idea from O"H 320, 14 where we deal with a sponge with a handle. Not for here.]
4) The water is not naturaly part of the paper, and is not normally squeezed out. Here he is trying to gain both Rashi and Tosfos's opinion in point #12 above. In his case he is correct, and therefore the prohibition would be Rabinic. In the case of baby wipes the water is not naturally part of the cloth, so according to rashi the prohibition is Rabinic. But it is normal to squeeze wipes, so Tosfos would forbid squeezing them biblicly.
5) There are two types of Rabinic decrees concerning squeezing: Not to handle a wet or potentially wet cloth as one might come to squeeze it. And not to squeeze a material which the Torah permits lest he come to squeeze a material which the Torah forbids.
Here, R' Frank says, there is no biblical decree, as the person is not squeezing water out of the tissue. There is room only for the first of the two Rabbinic decrees - that he might come to squeeze it - and that we need not be concerned with where the water is not naturally part of the paper and is not normally squeezed out.
R' Moshe:1) He is about to dispose of the napkin, and there is therefore no Libun. As referred to in point #2. Yet another reason why there is no Libun by wipes.
2) The water does not get absorbed into the fibers of the napkin.
In most baby wipes the water
does get absorbed into the fibers, so this would not apply. A possible exception are those wipes that are made from synthetic fibers specifically for Shabbos use. However, even in those, there is usually at least 40% cotton which is absorbent.
It is important to understand what R' Moshe himself was referring to. ( It seems ludicrous to say that he felt that napkins are not absorbent.) Indeed, this
tshuvah was clearly not a response to a letter, and is unclear as to what case exactly R' Moshe was referring to.
I have heard that R' Eider in his sefer quotes R' Rueven Feinstein that there was a spill in MTJ and someone asked R' Moshe if he can use a piece of looseleaf paper (that was somehow not
muktzeh) to wipe it up. Looseleaf paper is treated with corn starch so as to be
non-absorbent. Hence the comment by R' Moshe.
3) The water is going to waste. True in R' Moshe's case, where they are wiping a spill. As said before, does not apply to baby wipes.
4) It is not normal to squeeze out water from a napkin, nor is it his intention:
As said in point #14, most agree that when something is not normally squeezed, it is not Mifarek. Unfortunately, that does not apply to a baby wipe.
5) It is not his intention to squeeze water out.
A
"Melacha she'aina tzricha l'gufa" is forbidden M'drabonan when it is a
"psik raishei dnicha lei". In R' Moshe's case the person was trying to wipe up the spill, not to squeeze (
aina tzricha l'gufa). In fact, he doesn't want the water to get squeezed out (
lo nicha lei). It is therefore only a rabbinic issur.
Once again, this is something that would not apply to a baby wipe, where - even if he does not want to squeeze out the water - it is better for him (
nicha lei) if water comes out.
6) The water might not even get squeezed out.
As before, here is trying to make it not a
psik reisha. And as before, it would not apply to baby wipes where a) it is a psik reisha, b) He wants it to happen [Where a person intends to do something, it is not
ain tzorech lgufa, and
psik reshei makes no difference]
7) After explaining why, in his case, the only prohibition would be through a combination of Rabinic decrees, R' Moshe adds that there is a special rule in squeezing that multiple decrees do not work together to create an issur. He proves this from O"H 320, 15 where the Shu"a rules that a person may close a faucet, even if there is a cloth that will get squeezed out.
While that argument can be discussed, it would only apply in a case such as his. By baby wipes not one of his heterim for Mifarek apply.
R' Roth:
It is important to note that R' Roth invoked the
shvus dshvus bmakom mitzvah, and rejected R' Moshe's logic that we do not combine decrees regarding squeezing.
Similarly, the M"B discusses using a diaper.. (biur halachah), and he also does not accept R' Moshe's chidush.
To understand why not, one must first understand R' Moshe proof. The Shu"A in O"H 320, 15 complains about the than prevalent custom of stuffing a cloth into a barrel via a long handled faucet. He concludes that where the liquid goes to waste it may be permitted, and combines three opinions for that ruling: a) The Aruch - that a
davar sh'ayno miskaven is permitted on Shabbos
lchatchilah. b) The Ramban - that where the liquid goes to waste, the cloth may be wrung out
lchatchilah. c) The Raavad - that a sponge attached to a handle is viewed as a container and may be squeezed out
lchatchilah.
While none of these opinions are accepted alone, the Shu"A combines them in order to explain the custom of using such a faucet.
One can prove from here that multiple opinions that permit an action can be combined to allow it. But R' Moshe was proving that multiple opinions that each
forbid an action Rabinically can be combined to remove the prohibition entirely. It is difficult to understand how that can be proven from here.
What's more, even the Shu"A himself is clearly not happy with the ruling, and many of the glosses argue with his leniency.
In conclusion, R' Frank only permitted wet toilet paper where it was not going to get squeezed out, and even then only because toilet paper is not normally squeezed. It would seem he would forbid wipes.
R' Moshe was not dealing with a similar enough case to have an idea how he would rule.
Nonetheless, there are other arguments that can be made to defend the wipe, so don't give up...
(Continued...)
Perhaps the water is considered to be going to waste, and the prohibition would be Rabinical.
There are several ways to suggest this:
- The water becomes immediately dirty - never existing as a usable liquid.
A similar concept can be found in the writings of the Chazon Ish, who allowed for a cow to be milked into bleach under certain circumstances. Admittedly, the liquid here is actually being used, but perhaps it can still be considered waste. [This is not the heter of squeezing liquid into food. There, the liquid is not considered to exist until it is extracted. Since in its extracted state it is also not considered liquid, there is no schita at all. (I'm not sure now why one would be able to squeeze grapes into food.) - The water will soon be disposed of. There is no storage of the water, it is used and evaporates.
- It evaporates quickly enough not to be considered water.
Wipes generally use an alchohol solution that evaporates within a number of seconds after use. The advantage of 'waste' is that a person has not extracted something of value, which would also be true where the extracted liquid dissapears shortly, even if there is a chance to use it first.
Shmiras Shabos quotes such a view in the name of R' Aurbach in . In Vol. 3 [which was written by R' Aurbach directly], R' Aurbach himself describes that heter before rejecting it. The implication there is that if he would not have rejected this idea, he would have used it to say we have no squeezing at all, not even rabbinic.
R' Dovid Koenig Shlita has suggested that this is really a dispute in the Rishonim, with a clear halachic conclusion.
The gemara states that a sponge may not be used on Shabbos. The Ritvah there claims that the gemara must refer to an instance where the water is caught and stored during use, as it would otherwise be considered to be going to waste. Other Rishonim understand that the water is not going to waste as long as it is being used to clean the surface he is sponging. [Though see R' Rubin, that explains in many Rishonim that the sponge is actually being used to wipe a spill.]
The halacha is decided stringently in Shu"A 320:17.
It would seem to me that this is also reflected in the sugya in Yoma that we will discuss later. There, the
gemara says that R' Yehoshua ben Levi would not use a wrung-out damp cloth to wipe his eyes on Yom Kippur for fear of squeezing. Had the prohibition of wiping/squeezing water onto his eyes been drabonan, he should been able to use the cloth as long as he was careful not to squeeze water - a decree to prevent squeezing would be a decree on a decree. The only explanation is that such squeezing is not considered to be going to waste, and is forbidden Biblically. Therfore a decree to prevent such squeezing is in order.
The Ritvah makes no comment there, but perhaps he had the variant reading (quoted in Rashi) that R' Yehoshua would only use a damp cloth if it had been wrung out first, even if it was less than tofeach al mnas lhatfiach. In this reading it is possible that such a cloth was close to psik reshei that it would be squeezed during use, and the rabbonim extended their decrees to include ases which are close to psik reshei.
The Rema rules stringently in accordance with the first reading.
The halochah is that this is not considered 'going to waste' (R' Aurbach, . There are no
matirim that I could find).