Preparing Food For After Yom Kippur

Short Answer: While some poskim forbid, other poskim permit removing food from the freezer on Yom Kippur.

Explanation:

The Gemara (114b-115a), according to one girsa, states that it is permitted to cut (or possibly rinse) vegetables, crack walnuts, and peel pomegranates on Yom Kippur after zman mincha (presumably, mincha ketana) because of “agmas nefesh.” Rashi explains that these melachos are only issurei d’rabbanon (“shvus”) that we permit because doing them so close to the end of Yom Kippur actually increases “iynui” (suffering), as the person is dealing with food but cannot yet eat it.

The Gemara continues by recounting that the families of Rav Yehudah and Rabbah used to cut vegetables after mincha on Yom Kippur. However, once Rav Yehudah and Rabbah observed that they were starting BEFORE mincha, they forbade it altogether.

Shulchan Aruch (O”C 611:2) codifies these halachos, citing the leniency to cut vegetables and crack walnuts after mincha but concluding that “nowadays the minhag is that it is forbidden.” Mishnah B’rurah (9) confirms the reason why we are strict — because later generations started to cut vegetables even earlier than mincha.

The Biur Halachah (ibid) notes that the Yerushalmi appears to permit asking a non-Jew on Yom Kippur to cook food for after Yom Kippur. The Biur Halachah wonders why none of the poskim codify — or even cite — the Yerushalmi. He suggests that perhaps since we anyway forbid cutting vegetables nowadays, we also forbid asking a non-Jew to cook and thus the poskim do not cite to this halachah.

R’ Yitzchak Zilberstein, shlita (Melachim Emunecha, 11:13, n.22) questions this Biur Halachah, which implies that, if not for the fact that we are machmir nowadays, the chachamim would have been lenient about asking a non-Jew to cook for us similar to cutting the vegetables. R’ Zilberstein is unsure why we compare cutting vegetables, which is a mere shvus, to asking a non-Jew to cook, which amira l’akum and a potential violation of “dabeir davar” (a quasi-d’oraysa prohibition).

R’ Zilberstein thus suggests a different explanation why the poskim omit anything about the Yerushalmi’s case of asking the non-Jew. The Korban HaEdah, on the Yerushalmi, notes that the Yerushalmi uses a bit of a different language when discussing the leniency to cut vegetables — “sakanas nefashos.” This means that we allow cutting vegetables so that the fasters don’t starve after Yom Kippur if the food is spoiled (i.e., by checking the food on Yom Kippur, the preparer can always procure or make additional edible food for after Yom Kippur if they see that this food is spoiled). Such a reason would apply to even stricter prohibitions like amira l’akum. However, since the Bavli does not give this reason, but rather gives the reason of “agmas nefesh,” the Bavli presumably disagrees with the leniency of asking the non-Jew to prepare the food.

Nitei Gavriel (Yom Kippur, 50:5-6) writes that it is permissible to prepare food after mincha on Yom Kippur for after the fast, such as “taking out food from the freezer so they are defrosted for the evening.” He adds that you may even bring food to shul in the morning of Yom Kippur so you will have them available to eat on motzei Yom Kippur. The Nitei Gavriel sources these halachos as “pashut” (obvious) and notes that one may prepare from one day of Yom Tov to the next in certain necessary situations. He notes that one of the Karliner Rebbes used to distribute sweets before mincha on Yom Kippur!

Shevet HaKehasi (1:191) mirrors Nitei Gavriel, adding though that it is preferable to give some of the food that you bring to shul on Yom Kippur morning with a child. This removes any problem of hachanah.

The Avnei Derech (6:204) strongly questions this Nitei Gavriel & Shevet HaKehasi. He asks “what about the hachanah problem?” Moreover, he notes that Shulchan Aruch ultimately holds that we do not allow cutting vegetables on Yom Kippur lest you come to cut them in the morning! He concludes by citing R’ Dov Lior who holds that one may not remove food from a freezer on Yom Kippur.

The Piskei Teshuvos (O”C 611) writes that all poskim agree with the Shevet HaKehasi that one is permitted to bring food to shul on Yom Kippur morning, especially if you are going to give some of it to a child.

He add that one reason for this leniency is based on the words of the Magen Avraham, who holds that the concern is that you will come to eat the food. This concern does not apply where the food is already prepared, and you are not actually doing anything to the food, such as cutting vegetables.