What would be the halacha if someone does borer by taking the bad from the good but realizes toch kdei dibur and decides to eat the food that he took?
Do we say since he did a maseh the machshovo becomes dvarim shebelev? Do we say that if it's toch kdei dibur then it's like his original machshovo was on the piece he took?
Or is shabos a dovor chomur that according to the Ran there's no toch kdei dibur?
Binayahu Chayim, Oak Park MI
I have am not aware of this being discussed anywhere, although a similar case (where a person took the good in order to eat later and then decided to eat it immediately) is discussed in the Sefer Kiryas Melech Rav and Rav Pa'alim (OC 12). However they do not use the reason of Toch Kdei Dibur which may indicate that they are of the opinion that Toch Kdei Dibur does not help in the case of Borer.
We cannot say that the Machshavah is Devarin she'Belev, as we know that Machshavah affects the Din of Borer (by dictating what is Ochel (good) and what is P'soles (bad)).
The Shevisas ha'Shabos in Meleches Borer says that there are two possible explanations as to why Ochel mi'Toch P'soles is permitted. One is because this is not the normal way Meleches Borer is done and is hence considered k'La'achar Yad. According to this explanation, once the Melachah has been done k'La'achar Yad, it would not help to decide to eat the P'soles. The alternative explanationis that when one takes the Ochel, we consider this to be the way of eating not an act of sorting. Perhaps according to this explanation, even if a person decided to eat the P'soles after the Borer is done it is sufficient. However, this point is subject to much debate.
Dov Freedman