Pesach – RabbiKaganoff.com

Seudah Shelishis on Erev Pesach

Question #1: When?

When should I eat my morning meal on Shabbos Erev Pesach?

Question #2: How?

How do I fulfill the mitzvah of eating three meals on this Shabbos?

Question #3: Who?

May someone who has a family minhag not to eat matzoh after Purim or after Rosh Chodesh Nissan eat egg matzoh, kneidelach, cheremzelach (fried matzoh meal latkas) or boiled matzoh on this Shabbos?

Answer

This year, the first day of Pesach falls on Sunday, which means that Erev Pesach falls on Shabbos. When Erev Pesach falls on Shabbos, there are numerous changes from what we do other years, such as:

(1) The traditional Shabbos Hagadol drosha is delivered a week early, on the 7^th of Nissan, although technically Shabbos Hagadol is the following Shabbos, Erev Pesach.

(2) We perform our search for chometz on Thursday night, the eve of the 13^th of Nissan, with a bracha, notwithstanding that, in other years, someone who performs bedikas chometz on the eve of the 13^th does so without a bracha. The first bitul chometz is recited after the bedikah is completed, as it is done in a typical year.

(3) The chometz is burnt on Friday morning, the 13^th of Nissan, not the 14^th. The bitul chometz that is usually performed after the chometz is burned is postponed to actual Erev Pesach, which is on Shabbos.

(4) The fast and siyum of the firstborn is observed two days early, on Thursday, the 12^th of Nissan, the morning before bedikas chometz, not the 14^th.

(5) Haircuts and shaving, activities that are prohibited on Erev Pesach in the afternoon, are permitted on the afternoon of Friday the 13^th, the day before Erev Pesach.

In addition to these changes in our usual practice, there are many shaylos that occur on Erev Pesach when it falls on Shabbos. For example, an entire literature is devoted to questions such as:

May you eat on your chometz–dik dishes on Erev Pesach, and what you should do with them after you finish eating?

Is it permitted to have hamotzi in one part of the house and then eat a meal that is Pesach-dik in a different part of the house?

Is it permitted to cook kitniyos on your Pesach-dik dishes, and then serve them on Erev Pesach?

Three meals

Perhaps the most unusual changes occur relative to eating the Shabbos meals on Erev Pesach, when our houses are all ready for Pesach. In most households, all food prepared for Shabbos will be Pesach-dik and served on disposable or Pesach-dik utensils. But how are we going to have three Shabbos meals, particularly since the majority opinion requires hamotzi for all three meals?

In a different article, I discussed the mitzvah, which may be min haTorah, of eating three meals on Shabbos as a fulfillment of the mitzvah called oneg Shabbos, treating Shabbos as a delightful experience, which is first recorded in the Book of Yeshayahu. Several interesting aspects of fulfilling this mitzvah come into play when Erev Pesach falls on Shabbos. The two major issues are:

(1) When to eat the Shabbos morning meal?

(2) How should we fulfill the mitzvah of eating the third Shabbos meal?

The majority of rishonim require eating the first of the three meals on Friday evening, the second in the morning, and the third in the afternoon. Many poskim contend that there should be bread at each of the three meals; the Shulchan Aruch and most later authorities rule this way.

Putting aside the logistical difficulties of having bread in your house on Erev Pesach, we need to contend with the Torah prohibition against eating chometz on Erev Pesach, which begins min haTorah at halachic midday (chatzos), but miderabbanan begins hours earlier. Eating matzoh for the three meals is impossible, because of a takanas Chazal prohibiting eating matzoh on Erev Pesach. (Some authorities contend that the prohibition of eating matzoh on Erev Pesach is only in the daytime, and not at night. According to this opinion, you could eat matzoh for the Friday night meal.) Another consideration is that Chazal prohibited eating a large meal three hours before Pesach (Pesachim 99b). This last takkanah was instituted so that a person eats the matzoh on seder night with a good appetite.

Latest time to eat chometz

Let us begin by defining the latest time to eat chometz on Erev Pesach. According to the Gemara, Targum Onkelos, Rashi and many others, the verse in Parshas Bo (Shemos 12:15) should be translated as saying, “Seven days you are to eat matzoh, but (ach) on the day before you shall cease having sourdough (a form of chometz) in your houses, for whoever eats chometz from the first day until the seventh day (of Pesach), that person will be cut off from Yisrael.” Chazal explain that the prohibition of the “day before,” that is, Erev Pesach, is min haTorah only from midday (Pesachim 4b-5a).

Two hours

Chazal prohibited eating chometz from two hours before midday. This gezeirah was instituted so that people not miss the deadline and mistakenly eat chometz after midday, when it is prohibited to do so min haTorah (Pesachim 11b). There are many opinions how to calculate the latest time to eat chometz on Erev Pesach.

In an ordinary year, avoiding this issue is relatively easy. If you really want to eat chometz on Erev Pesach, get up early, daven, make or attend a siyum if you are firstborn, and eat breakfast. If you want to sleep in, don’t plan on eating chometz for breakfast. However, when Erev Pesach falls on Shabbos, the logistics are more complex; since we want to eat a nice Shabbos morning meal, we cannot eat it with matzoh, and we need to finish eating chometz by approximately a third of the day.

Many people divide the morning meal, when we are still able to eat bread, into two meals, and complete the chometz part of the later meal when it is still permitted. Although most authorities rule that seudah shelishis must be eaten in the afternoon, some opinions contend that one can fulfill eating three meals on Shabbos with a bread meal at night and two bread meals in the morning. Although the later authorities rule that, in general, seudah shelishis must be eaten in the afternoon, when Erev Pesach falls on Shabbos, some recommend dividing the morning meal into two halves (Magen Avraham 444:1). Since there are many opinions how to do this, someone following this approach should ask his rav or posek what to do.

Bear in mind that, assuming you will be eating chometz at the Friday night and/or the Shabbos morning meal, you should have a system planned for disposing of the leftover chometz. I suggest purchasing pitas, bagels or a similar bread product that does not produce many crumbs, calculate carefully how many you need, and then carefully brush off the crumbs in an open area or flush them down the toilet. If your rav or posek advises differently, please follow his instructions.

After eating the last of the chometz, it is very important to remember to recite the second bitul chometz, which, in an ordinary year, is recited after the chometz is burnt.

Third meal on Erev Pesach

Hundreds of years ago, a vast literature developed concerning how one fulfills eating the third meal on the Shabbos that coincides with Erev Pesach. Simply put, how can the third meal of Shabbos be eaten in the afternoon and consist of bread, if one may not then eat either chometz or matzoh?

Several options present themselves.

Tosafos (Pesachim 99b s.v. Lo) suggests eating matzoh ashirah, which is a matzoh produced using juice as its liquid, rather than water. According to the Gemara (Pesachim 36a), matzoh ashirah cannot be used to fulfill the mitzvah of eating matzoh at the seder. Therefore, it might not be included in the prohibition against eating matzoh on Erev Pesach, since this prohibition should be limited to matzoh that can be used to fulfill the mitzvah seder night.

In practical terms, the most common variety of matzoh ashirah available in North America is a product called “egg matzoh.” This is really a misnomer, because the two main ingredients in egg matzoh are flour and 100% pure apple juice (not made from concentrate). In Israel, there are other varieties of matzoh ashirah available, including matzoh baked with grape juice (instead of water or apple juice), and matzoh ashirah cookies, baked with juice and chocolate (instead of water). The last of these products has a decided taste advantage over the other matzoh ashirah products, in my opinion as an avid consumer.

Although a Sefardi can fulfill the mitzvah of seudah shelishis by eating matzoh ashirah in the afternoon of Erev Pesach, Ashkenazic custom, going back to the times of the late rishonim (but not as far back as the time of Tosafos), is to refrain from eating matzoh ashirah on all of Pesach, except for the elderly, the ill and children. The main reason for this prohibition is because even a small amount of water mixing into a dough made with juice might make this dough into chometz.

Although some authorities permit Ashkenazim to eat matzoh ashirah on the afternoon of Erev Pesach (Shu’t Noda BiYehudah, Orach Chayim #21), conventional practice is not to.

By the way, those who use matzoh ashirah for Erev Pesach meals should be aware that most authorities rule that matzoh ashirah has the status of pas haba’ah bekisnin. While this is a topic beyond the scope of this article, those who decide to use matzoh ashirah should get direction from their rav or posek how much matzoh ashirah they need to eat in order to recite hamotzi, bensch, and fulfill the mitzvos of eating seudos Shabbos.

Seudah shelishis on Erev Pesach

So, if chometz is out, matzoh is out, and matzoh ashirah is out, does that eliminate all options of fulfilling the mitzvah of seudah shelishis in the afternoon of Shabbos that is Erev Pesach?

Actually, there are still several possibities.

The first one, which most people find surprising, is to eat cooked matzoh. No, I do not mean keneidlach, nor do I mean what some people know as cheremzelach. Let me explain the practical difference and the halachic ramifications:

Kneidelach, in English, matzoh balls, are made from matzoh meal, usually mixed with eggs and cooked in a soup. According to most authorities, kneidelach may be eaten on Erev Pesach, even in the afternoon, and even by those who have the custom not to eat matzoh from Purim or from Rosh Chodesh.

There are several halachic considerations regarding eating kneidelach for seudah shelishis in the afternoon of Erev Pesach.

1. According to those who rule that all three meals on Shabbos must be hamotzi, kneidelach do not qualify, since they are not hamotzi. They are also not pas haba’ah bekisnin, and remain mezonos regardless of how many of them you eat.

2. According to some authorities (see Gra, Orach Chayim, 444:1), they may not be eaten on Erev Pesach because of the prohibition against eating matzoh on Erev Pesach. As I noted before, most authorities do not rule this way, including the Mishnah Berurah, who recommends eating kneidelach as part of your seudah shelishis on Erev Pesach.

3. Remember that Chazal prohibited eating a meal in the afternoon of Erev Pesach after three quarters of the day to make sure that people eat matzoh on seder night with an appetite (Pesachim 99b). The Mishnah Berurah rules that kneidelach are included in this prohibition.

4. Those who do not eat gebroktz, should check with their rav or posek whether they are permitted to eat kneidelach on Erev Pesach afternoon and how to prepare and serve them.

Cheremzelach

Cheremzelach are a type of latka made of fried matzoh meal. May these be eaten on Erev Pesach, or are they included in the prohibition against eating matzoh on Erev Pesach? Some poskim consider them to have the same halachic status as kneidelach and permit eating them in the afternoon of Erev Pesach for seudah shelishis (Chayei Adam).

However, the Mishnah Berurah paskens that they may not be eaten on Erev Pesach. In his opinion, although cheremzelach are not matzoh and we could not fulfill the mitzvah of eating matzoh on the seder night by eating them, they are close enough to matzoh to be included in the prohibition of eating matzoh on Erev Pesach.

Cooked matzoh

Kneidelach are made of cooked matzoh meal. Cheremzelach are fried latkas made from matzoh meal. So, what is cooked matzoh? It is a large piece of matzoh that is placed in a pot or pan on top of the stove, covered with water and then cooked gently, making sure that it does not disintegrate. (Obviously, this entire procedure needs to be performed before Shabbos.) As long as the matzoh does not disintegrate, the bracha recited on a large piece of cooked matzoh is hamotzi. According to most authorities, it is permitted to eat cooked matzoh on Erev Pesach, since you cannot fulfill the mitzvah of eating matzoh on seder night with cooked matzoh. Thus, it should be permitted to eat cooked matzoh on Erev Pesach, even if you have the custom not to eat matzoh from Purim or from Rosh Chodesh.

Although there are Sefardim who have an old mesorah to prepare their matzohs this way for seudah shelishis on Erev Pesach, this method of fulfilling seudah shelishis is unheard of among Ashkenazim. The question is why?

To the best of my knowledge, the earliest authority who mentions the possibility of using cooked matzoh for seudah shelishis on Erev Pesach is the Maharil, often considered one of the primary sources for recording minhagei Ashkenaz. He simply notes that he does not know why there is no custom to use cooked matzoh.

I know of several approaches to answer his question. One approach is that the mitzvah of eating three meals on Shabbos does not require that you prepare a product that you have no interest in eating.

Another approach is that eating three meals on Shabbos is a fulfillment of oneg Shabbos, making Shabbos a delight, and eating a product that most people do not enjoy does not fulfill the mitzvah, or is certainly not required. Unless you know of a really great recipe for cooked matzoh, most people would not consider this an appetizing solution.

A third approach is that it may, indeed, be prohibited to eat cooked matzoh on Erev Pesach. The Gra implies that, notwithstanding the opinion of Tosafos quoted above, eating matzoh ashirah or cooked matzoh on Erev Pesach violates Chazal’s prohibition to eat matzoh on Erev Pesach.

If you intend to eat this cooked matzoh in the afternoon of Erev Pesach, you should use Pesach-dik matzohs. Those who do not eat gebroktz and are careful not to cook matzoh in their Pesach pots, yet want to eat cooked matzoh for seudah shelishis on Erev Pesach, should discuss with their rav or posek how to prepare and serve it.

How do we pasken?

The primary authority for Ashkenazic practice is the Rema, who usually follows the decisions of the Maharil. Here, in two different places, the Rema reports that the accepted practice is to fulfill the mitzvah of eating seudah shelishis on Erev Pesach that falls on Shabbos by eating in the afternoon meat or other filling foods (Orach Chayim 291:5; 444:1).

It is interesting to note that the Mishnah Berurah advocates eating kneidelach for seudah shelishis on Erev Pesach. This is curious, because of the following: As opposed to cooked matzoh, whose bracha is hamotzi, the bracha on kneidelach is mezonos. I noted that the Shulchan Aruch and the Mishnah Berurah ruled that, in general, we should eat hamotzi for seudah shelishis. Yet the Mishnah Berurah advocates fulfilling seudah shelishis on Erev Pesach by eating kneidelach as the best of our options.

Review

Although the Shulchan Aruch himself rules that, in general, one should eat bread to fulfill the mitzvah of eating seudah shelishis, the Rema rules that when Erev Pesach falls on Shabbos, we may rely on the opinions that permit fulfilling the mitzvah by eating other foods. Therefore, the following options exist regarding eating seudah shelishis on Erev Pesach:

Most Ashkenazim follow the opinion that you eat a Shabbos meal that includes everything but the hamotzi. Eating kneidelach as part of this meal is preferable, at least according to the Mishneh Berurah.

Sefardim fulfill this meal by eating either cooked matzoh or matzoh ashirah. If the decision is to fulfill seudah shelishis by eating matzoh ashirah, consult a posek how much matzoh ashirah must be eaten to recite hamotzi.

For those eating cooked matzoh, matzoh ashirah or kneidelach, it is required to eat this meal before three quarters of the day has passed, measuring the day from sunrise to sunset.

Conclusion

According to Kabbalah, searching for chometz is symbolic of searching within ourselves to locate and remove our own arrogant selves. As we go through the mitzvos of cleaning the house, searching and destroying the chometz, we should also focus on the spiritual side of this “search-and-destroy” mission.

Contemporary Pesach

Many years ago, there existed a land in which man worked to dominate both nature and other men. His labor met with a great degree of success. To this day, certain achievements of this nation have baffled modern scientists. The sages of this nation could explain the phenomena of the cosmos and understood, in a most comprehensive way, extremely sophisticated concepts of construction, irrigation and marketing. Modern science looks with amazement at their undertakings, and to this day does not understand how this supposedly “primitive” nation accomplished much of their technology.

This nation allowed all decisions relative to the agricultural wellbeing of its inhabitants to be made by professionals. These professionals were not dependent on the wind or the clouds, on weather factors that, to this day, evade accurate forecasting. These professionals figured out how to fertilize and water their land despite the vagaries of unpredictable weather. When their river rose, they harnessed its resources and watered and fertilized their fields. The river provided fresh, nourishing soil that guaranteed that their own soil produced when there was no rain and did not deplete its own nutrients. The government authorities controlled the river’s blessings as they wished, using reservoirs and ditches built in an exceptional manner.

However, “order” in this country was not only the first duty of a citizen: it was his only duty. The citizens of the state were organized according to a very specific plan. The resulting system completely destroyed the individual’s right to self-development, self-reliance, and self-determination. “Normal” humans were no longer born. Everyone was assigned a role from birth, and they were to become “farmers,” “soldiers,” “priests,” or “laborers,” dependent not on their own inclinations but upon “society’s needs” as perceived by the “experts.”

This society was dependent on an agricultural system that required its members to remain on their lands. Therefore, they despised shepherds, who represent a profession independent of any specific land, as they wander nomadically from one pastureland to the next. Not only did the leaders of this people despise shepherds, they exercised mind control, training their society so that everyone despised shepherds. This they did because they could not control the actions or the minds of the shepherds. Free thought, different from what the intellectuals believed, was anathema to this society.

By now I presume that you have figured out that this ancient land was Egypt — perhaps the oldest culture known to history. Science and the knowledge of heaven and earth was the wisdom of the sages of Egypt. They were able to build pyramids, embalm mummies, and had many other skills that have baffled modern science!

At the same time, and perhaps this was the source of their “success,” Egyptian society utilized highly subtle and highly effective means of mind control. No one interested in their own professional success could consider thinking independently of what was accepted. That would lead to professional ostracism, and, after all, everyone’s goal is professional and financial success.

A friend of mine decided against pursuing a doctorate in an academic area in which he is highly qualified, because of the realization that his independent (and Torah-dik) ideas would probably result in him being unable to ever land a paying academic position. He can easily refute what is accepted in his area of academia as being scientifically inaccurate. He has written a book on the subject, but he cannot find a publisher because his approach is not accepted by those who rule the academic world.

Note that this control of ideas runs completely against the “bible” we were all taught regarding the objectivity and importance of applying the “scientific method” in an impartial manner. This problem exists in a wide range of academic disciplines.

If we apply our minds to learn and use Torah as our means of growth, we will indeed be able to grow as human beings, as Torah Jews, and also as honest scientists.

Let us use the pedagogy of Pesach to grow and to influence others to grow in Torah!

Erev Pesach on Shabbos Guide

This year, the first day of Pesach falls on Sunday, which means that Erev Pesach falls on Shabbos. This causes changes to many Pesach observances. Below is a simplified guide to the practices of Erev Pesach that falls on Shabbos.

THURSDAY

Since Erev Pesach is Shabbos, the fast of Taanis Bechoros is pushed forward to Thursday. A bechor, or the father of a minor bechor, is obligated to fast on Thursday, but he can discharge his obligation by making or attending a siyum.

Thursday night – Bedikas Chometz.

Regular bedikas chometz is performed with a beracha. After completing the bedikah, one recites the first bitul.

FRIDAY

Friday morning davening is regular, without tachanun because it is the month of Nissan. Although on Erev Pesach Ashkenazim do not say the prayers of mizmor lisodah and lamenatzeiach in davening, they do say these parts in the Friday davening since it is not Erev Pesach.

Make sure to have sold your chometz by now.

Burning the Chometz.

We burn chometz on Friday morning even though one may own chometz until Shabbos morning. Place the chometz that is to be eaten on Shabbos in a secure place and make a mental note where that chometz is located. We do not recite the second bitul after burning the chometz, but instead we recite it on Shabbos morning when we finish eating the chometz.

Doing Melacha on Erev Shabbos.

There is no limitation on doing melacha-work on this Friday because it is not Erev Pesach.

Eruvei Chatzeiros.

The minhag is to renew an eruv chatzeiros with neighbors on Erev Pesach. This year it should be renewed on Erev Shabbos.

Seder Preparations.

Ideally, all of the seder preparations should be performed on Friday, including roasting the zaroa and the egg, preparing the saltwater, making the charoses, checking and washing the marror, grinding the horseradish. Make sure to open the boxes of matzos and bottles of wine as one would before every Shabbos. Although this is unusual in today’s world, if you need to separate challah from your matzah, remember to do it before Shabbos.

Shabbos Food Preparations.

If you are preparing chometz-dik food for your Shabbos meals, do not make sticky chometz-dik food that will stick to your pots or plates. (Presumably, most people will prepare Pesach-dik food for all meals.)

Shabbos Candles.

Be careful not to place the Shabbos candelabra on the tablecloth on which one is serving chometz since one will be unable to remove the candles in order to remove the cloth.

One should kindle the Shabbos lights near where one intends to eat the Friday night meal.

SHABBOS

Friday Night Meal.

One is required to recite hamotzi at the first two Shabbos meals using two “breads” (lechem mishneh). One may use matzah for lechem mishneh, but many poskim consider the matzah that one intends to use for the seder as muktzah. Many, however, refrain from eating Pesach-dik matzah so close to the seder.

If one wants to make motzi on chometz in one part of the house and eat the Pesach-dik meal in another, one may, since his intent when washing and making hamotzi was to eat his meal in this way. He should return to the original place for bensching. Each person should eat at least one kebeitzah of bread (egg size) to fulfill the mitzvah of seudas Shabbos and to justify his making netilas yadayim with a beracha. (Since one may not weigh on Shabbos, one who wishes to weigh his chometz should do so before Shabbos.)

If eating egg matzah, grape matzah or matzah cookies (matzah ashirah) for the meals, Ashkenazim should eat as much matzah ashirah as one would eat with this type of a meal (i.e., certainly more than the egg size mentioned above). Sephardim should eat four egg sizes of the matzah ashirah. (Note that someone who has the custom not to eat matzah after Purim or Rosh Chodesh may still eat matzah ashirah.)

According to most poskim, one may eat regular (non-Pesach-dik) matzah for the Friday evening meal. Thus, this is an option for someone who does not want chometz in their house and cannot eat the amount of matzah ashirah mentioned above.

If one is serving on chometz plates a hot meal that was cooked in a Pesach-dik pot, one should pour the hot food into a Pesach-dik plate or platter before pouring it into the chometz-dik plates. (Presumably, however, most people will be serving the meals on disposable dishes.)

Shabbos Morning.

Daven early. One is required to eat one meal in the morning. There is a recommendation (hidur) to eat two meals on the morning of Erev Pesach, separated briefly.

For those who wish to eat two meals in the morning, I suggest:

Immediately after davening, make kiddush, hamotzi, eat a piece of fish, and bensch.

Take a break, and begin the next meal with enough time to finish eating the main course (at least) before the latest time to eat chometz. Some poskim prefer eating the meat also with the first morning meal before breaking. One who follows this approach should not eat so much that he cannot eat the next meal.

Bitul chometz.

When one has completed the eating of the chometz, recite the second bitul chometz. Dispose of the remaining chometz into the toilet (taking care to crumble it into small pieces and only flush a small amount at one time — it will take a bit of time) or in a public garbage (if it is within the eruv), but do not place it in your own garbage can. One may continue eating the meal without new brachos, notwithstanding that he may no longer eat chometz.

Shabbos Afternoon.

Since most people follow the opinion of davening mincha before seudah shelishis, one should daven mincha early.

Seudah Shelishis.

In the early afternoon, one may serve a heavy Pesach-dik meal (meat, potatoes, fruits, vegetables, etc.) without any hamotzi at all. If you eat “gebroktz,” it is recommended to eat kneidlich at this meal. It is permitted to eat kneidlich even if you have a minhag not to eat matzah from Purim or from Rosh Chodesh. Sephardim may serve matzah ashirah at seudah shelishis.

Some people, usually Sephardim, have a custom of cooking whole matzos and serving them for seudah shelishis. These matzos require netilas yadayim. The beracha before eating these matzos is hamotzi and they require bensching afterward. An Ashkenazi may follow this approach, as well as someone who customarily does not eat matzah for a month before Pesach. This is because one cannot fulfill the mitzvah at the seder with cooked matzah. An Ashkenazi has no requirement to have cooked matzah available, while some Sephardim follow the approach that they are required.

If one eats kneidlich or matzah ashirah for seudah shelishis, one should complete eating seudah shelishis before the “tenth hour,” which is a half hour before “mincha ketana,” or three quarters of the day. Some authorities contend that even those who eat only fruit and vegetables for this seudah shelishis should eat before the tenth hour. All agree that one may eat a small quantity of fruit or vegetables after this point.

It is advisable to take a nap Shabbos afternoon, but one should not mention that he is taking a nap in order to be awake for the seder. Some poskim consider this preparing on Shabbos for after Shabbos.

Most poskim contend that one should not move one’s seder matzos before Shabbos is over. Since many people who are eating at someone else’s house take their own matzah to the seder, they should not carry these matzos until Shabbos is over. Also remember not to begin preparations for the seder until Shabbos is over and one says, “Baruch HaMavdil bein Kodesh l’kodesh.”

Chag Kosher vesomayach!!

It’s Hip to Dip

The Charoses Saga

Question #1: How Deep a Dip?

How deep into the charoses am I supposed to dip the maror?

Question #2: Only Lettuce!

What do you serve for karpas, if you realize that the only vegetable you have in the house is the lettuce you were planning to use for maror?

Introduction

Much Pesach and pre-Pesach discussion focuses on the vast preparation necessary for the holiday and, also, on the mitzvos of the Seder. Because of the importance of the mitzvos of hagadah and matzoh, some of the less vital aspects of the Seder sometimes get shunted to the side. One of these observances is that of the charoses, which actually has considerable discussion in the Gemara. We will be discussing some of the questions germane to charoses, such as:

Is charoses a mitzvah of its own, or just a garnish to the maror?

If it is a mitzvah, how do we fulfill its observance?

Does it require eating a kezayis within a specific timeframe?

Let us begin our discussion from the earliest halachic source that mentions charoses, the Mishnah (Pesachim 114a) that states, “They brought in front of him [the person leading the Seder] matzoh, lettuce, charoses and two cooked items [these correspond to the zeroa and the beitzah that we have at our Seder], even though charoses is not a mitzvah. Rabbi Elazar bar Tzadok says that it is a mitzvah. [We will soon explain the two sides in this dispute.] During the era of the Beis Hamikdash, they also brought the roasted korban Pesach at this time.”

We see that this Mishnah is of a relatively later date, after the Beis Hamikdash was destroyed and there was no longer a korban Pesach, and the two “cooked items” at the Seder are to remind us of the korban Pesach and the korban chagigah. This is interesting, because the very next Mishnah (Pesachim 116a) dates back to the era of the Beis Hamikdash, since its discussion of the four questions includes a question that assumes that there is a korban Pesach at the Seder: She’bechol haleilos anu ochlin basar shaluk, tzeli umevushal, halailah hazeh kulo tzeli, “On all other nights we eat meat that is either boiled, roasted or cooked; this night, we eat only roasted [meat].” Obviously, this Mishnah dates to the time of the Beis Hamikdash and refers to the eating of the roasted korbanos Pesach and chagigah. The Gemara (Pesachim 70a) explains that the text of this Mishnah follows the opinion of a tanna, Ben Teima, who contends that the korban chagigah eaten Pesach night at the time of the Beis Hamikdash was also required to be roasted. Thus, in his opinion, all meat eaten at the Seder was roasted.

The structure of this chapter of the Mishnah implies that there was an earlier edition of this Mishnah dating to the time of the Beis Hamikdash, and that when Rabbi Yehudah Hanasi edited it after the churban, he rewrote certain parts to accommodate the new reality, but he left other parts in their original format.

A mitzvah or a garnish?

We asked, above, whether charoses is a mitzvah on its own, or just a garnish to the maror. This appears to be the dispute between the Tanna Kamma and Rabbi Elazar bar Tzadok in the Mishnah that I quoted. Let us see the passage of the Gemara (116a) that examines this dispute: First, the Gemara devotes itself to explaining the opinion of the Tanna Kamma, asking: Since this tanna insists that there is no mitzvah in using charoses, why prepare it and serve it at the Seder? The Gemara answers that charoses is brought to the Seder because of kafa, which is some type of toxin. Rashi and Rabbeinu Chananel disagree as to what kafa is. According to Rashi, it is in the sap of the maror, whereas Rabbeinu Chananel explains it to be an insect that is in the maror.

Tosafos (Pesachim 115b s.v. Kafa), in explaining Rabbeinu Chananel’s approach to kafa, asks the following: If kafa is an insect, then eating lettuce any time should be prohibited, because of a kashrus concern. Tosafos answers that most of the time, maror does not contain kafa. Since it is rare for maror to contain kafa, there is no kashrus concern when eating lettuce or other maror vegetables that you may be eating non-kosher kafa. (There may be a concern that you will eat thrips, aphids, leaf miners or other insects, but that is not the topic for today’s article. I recommend that our concerned readers contact their rav, posek or local vaad hakashrus for direction.)

However, there is a general halachic ruling of chamira sakanta mei’isura (see Chullin 10a), we are required to be more careful about safety concerns than about prohibitions. In other words, although there is no kashrus concern about possibly consuming kafa, there is still a safety concern, and for this reason, we eat the maror with charoses, which will prevent the toxin in the kafa from harming anyone.

According to both Rashi and Rabbeinu Chananel, we are faced with a question: When lettuce is eaten as karpas, most poskim (with the exception of Rashi and Tosafos, 114a s.v. Metabeil), do not require that it be dipped in charoses. What happened to the concern about kafa? The same question can be asked regarding eating lettuce or the other species of maror at any other time of the year. The halacha does not require that we eat these species with charoses – why not? Since we rule that chamira sakanta mei’isura, shouldn’t we always be required to eat charoses with our lettuce?

Rabbeinu Yonah asks this question and provides the following observation: “All year long, we eat lettuce without charoses, without being concerned about the ill effects that kafa causes… We are concerned only when we fulfill the mitzvah of maror – then the chachamim were careful that this [mitzvah] should not cause any possibility of danger.” In other words, the danger of kafa is not significant enough for us to show concern. However, in the opinion of the Sages, we should be careful to not let a mitzvah act cause even the remotest possibility of danger, and therefore we should eat the maror of the mitzvah with charoses (quoted by Rosh, Pesachim 10:25).

Tasting the maror

When the lettuce is eaten as maror, and you dip it deep into the charoses, you can hardly taste the lettuce, and you certainly don’t notice any bitterness. Have you fulfilled the mitzvah of maror this way?

The Gemara (Pesachim 115b) quotes the following: “Rav Papa said, ‘Don’t leave the maror sitting in the charoses, out of concern that the acid of the spices will overwhelm the bitterness, and we require the taste of maror, which you will not have.”

How deep a dip?

How deep into the charoses am I to dip the maror?

The answer to this question, which involves a dispute among the poskim, depends on the following discussion in the Gemara.

How does charoses work? The Gemara (Pesachim 115b) quotes a dispute whether it is contact with the charoses that overcomes the kafa, or whether it is the fragrance of the charoses that does the job. The difference in practical halacha is whether it is required to submerge the maror into the charoses, or if it is sufficient to dip the maror into the charoses. This difference of opinion in the Gemara manifests itself in a dispute between the Shulchan Aruch (Orach Chayim 475:1) and the Pri Chodosh.

The Shulchan Aruch rules that the maror should be submerged in the charoses, but you should not leave the maror in the charoses for long, and you should shake off the charoses. The Pri Chodosh notes that the prevalent custom is to simply dip the maror into the charoses, and he explains why this is sufficient. Both of these approaches are in order that the taste of the charoses not overwhelm that of the maror. The Mishnah Berurah mentions the opinion of the Pri Chodosh that disagrees with the Shulchan Aruch, and the custom in most places accords with the Pri Chodosh.

Rabbi Elazar bar Tzadok

Until this point, we have been explaining the position of the Tanna Kamma. The Mishnah (Pesachim 114a) quotes Rabbi Elazar bar Tzadok as saying that charoses is a mitzvah. The Gemara (ad locum 116a) asks, “What is the mitzvah? Rabbi Levi said, ‘In commemoration of the tapuach [usually translated as “apple” or “apple tree”].’ Rabbi Yochanan said, ‘To remember the clay [from which the bricks were baked in Mitzrayim].’”

Rashi explains the opinion of Rabbi Levi by quoting the verse in Shir Hashirim (8:5), tachas hatapuach o’rar’tich, “I roused you under the tapuach,” and the Midrash that the Jewish women encouraged their disheartened husbands to continue with married life, and thereby succeeded in creating the large Jewish nation that left Mitzrayim.

To quote the passage of Gemara that retells this miracle, “Because of the merit of the righteous women of that generation, Yisroel was redeemed from Egypt. When they went to draw water, Hashem prepared small fish in their buckets, such that what they drew was half water and half fish. The women then took two pots, one of hot water and one of cooked fish, and went to their husbands in the field. They washed their husbands, anointed them, fed them and gave them to drink… When the women became pregnant, they returned home. When it came time for them to give birth, they went out to the fields and gave birth under the tapuach, as the posuk says, ‘I roused you under the tapuach.’ Hashem sent from his upper heavens someone to make the children good-looking… When the Egyptians realized what had happened, they came to kill them [the Jewish women and the babies], but they were miraculously absorbed into the earth. At that point, they [the Jewish men] brought oxen who plowed above them” (Sotah 11b).

The Gemara in Pesachim, germane to the discussion about the charoses, continues: “Abaya said, ‘Therefore, you should make the charoses acidic [by adding apples, other fruits or vinegar], to remember the miracle of tapuach, and you should thicken the charoses, similar to the way clay functions.’ We found a beraisa supporting Rabbi Yochanan’s opinion [that charoses should contain spices] as a commemoration of the straw, and that the charoses should be ground up well, to commemorate the clay. Rabbi Elazar bar Tzadok said: ‘The merchants of Yerushalayim used to advertise from the windows of their stores, “Come and purchase spices for the mitzvah.”’”

There is also a passage of Talmud Yerushalmi that states that the charoses should be of a thin consistency, so that it reminds us of makas dam.

Charoses recipe

What types of spices should be included in the charoses? The Rif and the Rosh both mention that charoses should contain spices such as cinnamon and ginger. This is in accordance with the description of Rabbi Yochanan, that it should have spices that have a physical appearance somewhat similar to that of straw.

The Rambam (Hilchos Chometz Umatzoh 7:11) adds to the recipe that it should include something like mashed dates, mashed dried figs or mashed raisins.

What is the dispute?

Above, I quoted the dispute between the Tanna Kamma and Rabbi Elazar bar Tzadok whether charoses is a mitzvah or not. What practical application results from this dispute?

It seems from the discussion in the Gemara that the two tanna’im disagree regarding the recipe that we should use for charoses. According to the Tanna Kamma, the requirement is that charoses contain some ingredient that will mitigate the toxicity of the kafa. However, Rabbi Elazar bar Tzadok rules that it should contain something acidic, like wine, apples or vinegar, and spices that bear a physical resemblance to straw; and that it should have a consistency that reminds us of clay. And, according to the Yerushalmi, the final product should have the viscosity of a thick liquid.

The position of the Rambam on this topic seems to have changed from what he held initially. In his commentary on the Mishnah, the Rambam seems to understand that the dispute between the Tanna Kamma and Rabbi Elazar bar Tzadok is that, according to Rabbi Elazar bar Tzadok, charoses is a mitzvah on the night of the Seder that requires the recital of a brocha prior to eating it, whereas according to the Tanna Kamma charoses in not a mitzvah and does not require a brocha. The Rambam writes that the halacha is not like Rabbi Elazar bar Tzadok. However, in the Mishneh Torah the Rambam seems to have had a change of opinion, as he rules that charoses is a mitzvah (Lechem Mishneh). He also seems to understand that the dispute between the Tanna Kamma and Rabbi Elazar bar Tzadok is as explained above, regarding which ingredients are required in the charoses (see Magid Mishnah, Hilchos Chometz Umatzoh 7:11).

Dip the matzoh in charoses?

There is also another interesting dispute among the very early poskim. Most people today have the custom that when they eat the matzoh the first night of Pesach to fulfill the mitzvah, they do not dip the matzoh in salt or anything else. There are some who dip it in salt. However, several very early authorities, including Rav Amram Gaon, Rabbeinu Yosef, Rashi, Rabbeinu Shmayah (quoted by Tosafos, Pesachim 114a s.v. Metabeil) and the Rambam rule that when eating the very first matzoh, you should dip the matzoh into charoses! What is the Talmudic source for this ruling?

Some explain that when the Mishnah states that you should bring out the charoses together with the matzoh, it is implying that just as we dip our hamotzi into salt or something similar the rest of the year, at the Seder the matzoh should also be dipped into something to make it tastier – in this case, charoses.

Others explain that Rav Amram and the Rambam understood that this is part of the machlokes between the Tanna Kamma and Rabbi Elazar bar Tzadok.

Only lettuce!

At this point, let us explain the third of our opening questions: “What do you serve for karpas, if you realize that the only vegetable you have in the house is the lettuce you were planning to use for maror?”

This situation is found in the following Mishnah (Pesachim 114a), which describes someone who had only one vegetable available for the Seder: the lettuce that he will be using for the mitzvah of eating maror. Since this is his only vegetable, it will have to serve also as his karpas. The Mishnah says, “They brought in front of him and he dips the lettuce, prior to the lettuce that he will be eating after the matzoh.” There is a dispute between Rashi and his grandson, the Rashbam, as to how he dipped this lettuce. Rashi explains that he dips it into the charoses, presumably for the same reasons why the maror is dipped into the charoses. According to the Rashbam, when the lettuce is eaten for karpas, it is not dipped into the charoses, but into something else. Most of us are familiar with a custom of dipping the karpas into saltwater. I have also seen references to customs of dipping the karpas into vinegar or wine. The Rashbam’s opinion is that, notwithstanding that lettuce will also be used for maror, when being used as karpas, it is treated like karpas and dipped into something other than charoses.

The Gemara (114b) raises a question here: If for karpas you are eating lettuce, with which you can fulfill the mitzvah of maror, when do you recite the brocha of al achilas maror? How can you recite this brocha later, after you have already eaten maror? The Gemara concludes that you do not fulfill the mitzvah of maror when you eat the lettuce as karpas, a concept called mitzvos tzerichos kavanah, fulfilling a mitzvah requires that you have in mind to perform it (Tosafos ad locum).

Still, although the rule is that mitzvos tzerichos kavanah, there is a dispute as to when you recite the brocha of al achilas maror. Rav Huna rules that you recite it prior to eating the lettuce for maror, whereas Rav Chisda rules that you recite it prior to eating the lettuce for karpas, even though the main mitzvah of eating maror will be fulfilled later. The Gemara then describes how later amora’im ruled, some following Rav Huna and others Rav Chisda. The Gemara concludes that the halacha follows Rav Chisda. Despite this conclusion, an amora, Rav Acha the son of Rava, went out of his way to make sure that he had other vegetables in the house, so that he could avoid the entire question by serving something else for karpas.

Conclusion

The Seder is a very special time for us to transmit our mesorah and some of the most basic of our Jewish beliefs to our children and future generations. Chazal added to the beautiful Torah mitzvos of hagadah, matzoh, and maror many other mitzvos that broaden the entire experience. We should also note the Gemara (Avodah Zarah 35a) that teaches that the rabbinic laws are dearer than the Torah laws, since they demonstrate how much the Jewish people, as a nation, value our special relationship with Hashem.

Mizmor Lesodah, Parshas Tzav and Erev Pesach

Question #1: Korban Todah or Bensching Gomeil?

“Which is the better way to thank Hashem for a personal salvation, by reciting birchas hagomeil, or by offering a korban todah?”

Question #2: The Breadwinner!

“Why is the korban todah accompanied by so many loaves of bread and so much matzoh?”

Question #3: Mizmor Lesodah and Pesach

“I recently assumed a position teaching in a small-town day school. Before Pesach, I mentioned that we do not recite Mizmor Lesodah on Erev and Chol Hamoed Pesach. One of the students afterwards told me that this is not his family minhag, but only Ashkenazi practice. Is he correct?”

Answer:

Although Chapter 100 of Tehillim is known by its opening words as Mizmor Lesodah, there actually are two different chapters of Tehillim, #100 and #107, that devote themselves to the thanksgiving acknowledgement of someone who has survived a major physical challenge. In Psalm 107, Dovid Hamelech describes four different types of treacherous predicaments — traveling through the desert, traveling overseas, illness, and imprisonment — in which a person would pray to Hashem for salvation. When the person survives the travails and thanks Hashem, this thanks is reflected in the passage , Yodu lashem chasdo venifle’osav livnei adam, “they acknowledge thanks to Hashem for His kindness and His wondrous deeds for mankind.”These words are repeated four times, once after each of the four situations is described.

The Gemara cites this Psalm as the source for many of the laws of birchas hagomeil, the brocha we recite when surviving these calamities. To quote the Gemara: Four people need to acknowledge thanks to Hashem.

Actually, someone who survived these predicaments should offer a korban todah, which is described in parshas Tzav. The birchas hagomeil is recited in place of the korban todah that we cannot bring, since, unfortunately, our Beis Hamikdash lies in ruin (Rosh, Brachos 9:3; Tur, Orach Chayim 219).

What are the unusual features of the korban todah?

The korban todah is a specialized variety of shelamim, whose name means, according to the Toras Kohanim, that it creates peace in the world, since the owner, the kohen and the mizbeiach (the altar) all share in consuming it (quoted by Rashi, Vayikra 3:1). A shelamim, which was perhaps the most common korban in the Beis Hamikdash, was offered to express the desire to draw closer to Hashem from a sense that he lacks nothing in his physical life (see Commentary of Rav Hirsch, Vayikra 3:1).

The korban todah is offered following the general procedures and rules of a shelamim; however, it has several unique features. The first is that the korban is accompanied by a huge amount of bread, called korbanos mincha (plural, menachos), a total of forty loaves. Thirty of these comprise ten loaves each of three varieties of matzoh. However, the remaining ten loaves are highly unusual: first of all they are chometz, and this is the only instance of a private korban that includes chometz. (There is only one other korban that is chometz, and that is the two loaves offered by the community on Shavuos.) As a result, the korban todah could not be offered on Erev Pesach or on Pesach itself.

The chometz loaves are unusual in another way, in that each of them is three times the volume of the matzoh loaves (see Menachos 76b). Thus, the ten chometz loaves were, together, of equal size to the thirty matzohs.

Of the four varieties of mincha that accompany the korban todah, one of each type of loaf is given to the kohen to take home and consume together with his family and friends. The other 36 loaves are given to the offerer of the korban.

There is another unusual facet of the korban todah offering. Whereas a korban shelamim may be eaten until nightfall of the next day after it is offered, the korban todah must be eaten before the morning after it was offered, a much shorter period of time. Chazal further shortened the time it may be eaten — permitting it to be eaten only until halachic midnight — to assure that no one eat the korban when it is forbidden to do so.

Thus, there are three ways in which the korban todah is treated differently from an ordinary shelamim: 1) the todah is accompanied by an absolutely huge amount of bread, made from a total of twenty isronim of flour, which is twenty times the amount of flour that requires one to separate challah; 2) half of this bread is chometz and half matzoh; and 3) the korban and its bread must be consumed within a very short period of time.

Why would the Torah “impose” these additional requirements on the offerer of the korban? Well, let us figure out what is he going to do. He has a significant amount of holy meat that must be eaten by midnight, and a huge amount of accompanying bread with the same restrictions. What will he do?

Presumably, he will invite a large crowd to join him in his feast and will thereby explain to them the reason for his repast. Thus, we increase the appreciation of others forthe salvation that Hashem has provided him, which is the cause of this thanksgiving. This now leads us directly into our discussion of the chapter of Tehillim that begins with the words Mizmor Lesodah.

Mizmor Lesodah

Whereas the above-mentioned Chapter 107 of Tehillim describes the background behind korban todah and birchas hagomeil, the 100^th chapter of Tehillim, Mizmor Lesodah, is a sample praise that the saved person recites. Although only five verses long, this psalm, one of the eleven written by Moshe Rabbeinu (see Rashi ad locum), captivates the emotion of a person who has just survived a major ordeal. The first verse expresses the need for everyone on Earth to recognize Hashem, certainly something that conveys the emotions of someone very recently saved from a major tribulation. The second verse shares the same passion, since it calls upon everyone to serve Hashem in gladness and to appear before Him in jubilation. The third sentence continues this idea. In it, the thankful person calls on everyone to recognize that Hashem is the personal G-d of every individual, that we are His people and the sheep of his pasture. He then calls on all to enter into Hashem’s gates and His courts, so that we can thank and bless Him. We should note that the gates of the Beis Hamikdash were meant for all of mankind, not only the Jewish people, as mankind is specifically included in Shlomoh Hamelech’s prayer while inaugurating the Beis Hamikdash (Melachim I 8:41-43).

The closing sentence of Mizmor Lesodah is also very significant: “For Hashem is good, His kindness is forever, and our trust should be placed in Him in every future generation.” (We should note that the word olam in Tanach means “forever” and never means “world,” which is a meaning given to this word by Chazal. The most common Tanach word for “world” is teiveil; see, for example, Tehillim 19:5; 33:8; and 90:2 — all of which are recited during the Pesukei Dezimra of Shabbos and 96:10, 13; 97:4; 98:7, which are part of kabbalas Shabbos.) The celebrant calls upon those he has assembled to spread the message that Hashem is the only Source of all good, and that we should recognize this at all times, not only in the extraordinary situations where we see the manifestation of His presence!

We can now understand better why the Mizmor Lesodah chapter of Tehillim is structured as it is. It provides the beneficiary of Hashem’s miracle with a drosha to present at the seudas hodaah that he makes with all the bread and meat that he does not want to go to waste — complete with encouragement to others to internalize our thanks to Hashem.

Clearly, then, this psalm was meant to be recited by the thankful person prior to offering his korban, and this is his invitation to others to join him as he thanks Hashem. The Avudraham notes thatHashem’s name appears four times in the psalm, corresponding to the four people who need to thank Him for their salvation.

Mizmor Lesodah on Shabbos

We find a dispute among early authorities whether one should recite Mizmor Lesodah on Shabbos (Shibbolei Haleket, quoted by Beis Yosef, Orach Chayim 281). Why should this be?

Since the korban todah is a voluntary offering, it cannot be offered on Shabbos. The Tur mentions that established custom is to omit Mizmor Lesodah on Shabbos and Yom Tov, out of concern that when the Beis Hamikdash is rebuilt, someone may mistakenly offer the korban todah on these days. On Shabbos, of course, it is prohibited to offer any korban other than the required daily tamid and the special Shabbos korbanos, whereas on Yom Tov one may offer only voluntary korbanos that are brought because of the Yom Tov (Beitzah 19b).

The Tur does not agree that this is a valid reason to omit reciting Mizmor Lesodah on these days, contending that we need not be concerned that people will mistakenly offer a korban todah on Shabbos or Yom Tov (Orach Chayim, Chapter 51 and Chapter 281). Others explain that we recite Mizmor Lesodah to remind us of the korban todah, and since it was not offered on these days, there is no point in reciting it (see Pri Megadim, Eishel Avraham 51:11). Perhaps this is done as an aspect of u’neshalma parim sefaseinu (Hoshea 14:3), “may our lips replace the bulls (of offerings),” which is interpreted to mean that when we have no Beis Hamikdash, we recite passages that commemorate those offerings. For this reason, the custom developed among Ashkenazim to omit Mizmor Lesodah on days that the offering could not be brought in the Beis Hamikdash.

Mizmor Lesodah on Chol Hamoed Pesach

For the same reason that Mizmor Lesodah is omitted on Shabbos, Ashkenazim omit reciting it on Chol Hamoed Pesach. Since the korban todah contained chometz, it could not be offered on Pesach; therefore Ashkenazim refrain from saying Mizmor Lesodah.

Mizmor Lesodah on Erev Pesach

Ashkenazic custom is to omit Mizmor Lesodah on Erev Yom Kippur and on Erev Pesach. The korban todah and its breads can usually be eaten until the midnight after the day it was offered. However, were one to offer a korban todah early on Erev Yom Kippur or on Erev Pesach, one would be restricted to eating its chometz for only a few hours. Since one may not offer a korban whose time limit is curtailed, one may not offer a korban todah on these days, and, following Ashkenazic practice, Mizmor Lesodah is omitted then, also. The common custom among Sefardim is to recite Mizmor Lesodah on Erev Yom Kippur, Erev Pesach and Chol Hamoed Pesach (Pri Chodosh 429:2; Kaf Hachayim 51:51-52).

With this background, I can now return to the third question raised above.

“I recently assumed a position teaching in a small town day school. Before Pesach, I mentioned that we do not recite Mizmor Lesodah on Erev and Chol Hamoed Pesach. One of the students afterwards told me that this is not his family minhag, but only Ashkenazi practice. Is he correct?”

Indeed, in this instance, the student is correct. Hopefully, the rebbe was not that badly embarrassed.

Mizmor Lesodah and our daily davening

In order to make sure that this thanks to Hashem takes place daily, the chapter of Mizmor Lesodah was introduced into our daily pesukei dezimra. We should remember that miracles happen to us daily, even when we do not realize it (quoted in name of Sefer Nehora; see also Beis Yosef, Orach Chayim 281). Although Mizmor Lesodah was not part of the original structure of the daily prayers established by the Anshei Keneses Hagedolah, long before the time of the Rishonim, it was already common practice to include it as part of the daily recital of pesukei dezimra and to say it almost at the beginning. The importance of reciting this psalm should not be underestimated. The Shulchan Aruch (Orach Chayim 51:9), states: One should recite Mizmor Lesodah with song, since eventually all songs will cease, except for Mizmor Lesodah. This statement of Chazal is explained by Rav Hirsch (Commentary to Psalm 100) in the following manner: One day in the future, everything on Earth will be so ideal that there will be no reason to supplicate Hashem for changes. Even then, prayers of gratitude and thanksgiving will still be appropriate.

Now I Have It, Now I Don’t

Question #1: Snail Mail

I mailed some hamantashen to a non-frum relative, well before Purim, as a “kiruv” gesture of friendship. The efficient post office has not yet delivered it. I am concerned that (1) as a result, my relative may eat chometz on Pesach; (2) I will be in violation of owning chometz on Pesach.

Question #2: Moonshine in the First Month!

The police confiscated some contraband moonshine in the beginning of April, issuing a criminal citation for the violation. Subsequently, the criminal charges were dropped. On Pesach, the police appeared at the door of the moonshine vendor to return the liquor, who told them that he could not receive the merchandise on his Jewish holiday. They came back to return it after Pesach. May he sell the liquor?

Question #3: Whiskey She’avar Alav haPesach

A non-Jewish business contact was shipped a gift of expensive whiskey, which never arrived. Instead, the shipping company returned it to the Jewish sender, and it arrived shortly after Pesach. Is this prohibited because of chometz she’avar alav haPesach?

Foreword

The above questions are all based on responsa in prominent late poskim, specifically, Rav Moshe Feinstein, Rav Meir Arik, and the Sochatchover, Rav Avraham Bornstein, often referred to by the names of his most famous two seforim, the Avnei Neizer and the Eglei Tal. Each of our openings questions relates to a serious halachic shaylah involving two different issues:

(1) A legal circumstance referred to as shelo ve’eino birshuso,which means property that you own but is not under your control (Bava Kama 68b-70a and many other places).

(2) The specific ramifications that shelo ve’eino birshuso has regarding owning chometz on Pesach.

Shelo ve’eino birshuso

The concept of shelo ve’eino birshuso translates, literally, as “your property, but not in your jurisdiction.” The Gemara explains that when an item is stolen, neither the original owner nor the thief has the halachic ability to declare the stolen property as hekdesh, the property of the Beis Hamikdash, as long as the original owner has not lost hope that he might retrieve it. The thief cannot make it hekdesh, because it is not his property, and only an owner can declare an item hekdesh. But the original owner, also, cannot make it hekdesh, because it is outside his control, and only an item within your control can be declared hekdesh. Thus, the stolen item flounders in a twilight zone, in which no one has full legal control over it – it is in a no man’s land.

More important for our purposes, just as neither the thief nor the owner can declare the item hekdesh, they also cannot sell it. This creates an intriguing conundrum, when we need to make sure that no Jew owns chometz on Pesach. The owner certainly does not want to own chometz on Pesach and would like to include it with the chometz that he sells to a non-Jew, if he can. A self-respecting Jewish thief may, also, not want to violate bal yeira’eh and bal yimatzei. He may be a gonif, and his gelt is earned in a non-kosher way, but he wouldn’t dream of owning chometz on Pesach! So, what does he do with the cases of Chivas Regal that he lifted and for which he has not yet found a fence? (For some interesting reason, in all of the teshuvos I found, the question was asked by the original owner, and not from the perspective of the thief! Maybe thieves are reticent to ask their shaylos from prominent rabbonim?)

Introduction

The Torah prohibits a Jew from owning chometz on Pesach. This is included in the two lo sa’aseh proscriptions of bal yeira’eh and bal yimatzei, one of which prohibits a Jew from owning chometz that may be seen, but does not prohibit owning buried chometz that cannot be seen; and the other prohibits owning chometz, even when it has been buried. In other words, owning buried chometz violates one lo sa’aseh, that of bal yimatzei; owning unburied chometz violates two lo sa’aseh, bal yeira’eh and bal yimatzei. Because of this distinction, the Rambam counts bal yeira’eh and bal yimatzei as two separate lo sa’aseh prohibitions among the 365 lo sa’aseh mitzvos of the Torah. Most authorities contend that these two prohibitions apply both to chometz gamur (pure chometz) and to ta’aroves chometz (chometz mixed into another product). (See, however, the opinion of Rabbeinu Tam, quoted in Tosafos, Pesachim 42a s.v. ve’eilu.)

To enforce these Torah mitzvos, Chazal penalized a Jew who owned chometz during Pesach by barring benefiting from it. Chometz prohibited because of this penalty is called chometz she’avar alav haPesach.

Tashbisu

There is also a positive mitzvah to destroy chometz, tashbisu, which requires a Jew to rid himself of his chometz before Pesach. Since the Torah uses an unusual term, tashbisu, the rishonim explain that there are actually two ways to avoid violating bal yeira’eh and bal yimatzei, and both involve the mitzvah of tashbisu.

Biur chometz: One is by physically destroying the chometz, either by burning it or disposing of in a different, equally effective way (Mishnah, Pesachim 21a and numerous places in the Gemara).

Bitul chometz: Alternatively, I can rid myself of owning my chometz by making a declaration of bitul, which states that I view all chometz in my possession to be like dust of the earth. This declaration, assuming that it is sincere, removes the chometz from my ownership, so that I do not violate bal yeira’eh and bal yimatzei.

The preceding analysis reflects the halacha as explained by Targum Onkelos, Rashi, the Ran and many other rishonim. There is an alternative approach, that of Tosafos, who explains that bitul chometz is declaring the chometz to be ownerless, hefker. According to either approach, someone who performed bitul chometz and does not want to own their chometz will not violate the prohibitions of bal yeira’eh and bal yimatzei. However, for reasons beyond the scope of this article, the halachic conclusion is that the penalty of chometz she’avar alav haPesach applies to chometz on which someone performed bitul, but not to chometz that was properly sold to a non-Jew.

Selling chometz

Although a Jew may not own chometz on Pesach, there is nothing wrong with selling chometz to a non-Jew before it becomes prohibited. In contemporary times, people usually do not undertake to sell their chometz themselves, but, instead, appoint a rav to sell the chometz for them. The reason for this is that the non-Jew does not take the chometz with him; he leaves it in our houses. Since this may have the appearance of a charade, the sale must be performed in a way that halacha recognizes as valid. Since the laws of selling are very complicated, it is better that a lay person not handle the arrangements for mechiras chometz by himself, which is why it is common to use a rav as one’s agent to sell the chometz.

Snail mail

At this point, we are prepared to discuss the halachic background to our opening question. Rav Moshe Feinstein discusses the following case: Someone wants to ship several products, including some chometz items, to a relative in Eretz Yisroel, and wants to include this chometz with his standard mechiras chometz that he does before Pesach. The rav who sent Rav Moshe the shaylah felt that there may be legitimate halachic grounds to do this, but Rav Moshe proves that such a sale cannot be done. This is because once the chometz is delivered to or picked up by the shipping company, the chometz is beyond the owner’s jurisdiction (shelo ve’eino birshuso), and there is no simple way to regain control over it. Even should the package be refused by the receiving party and returned to the sender, until and unless that happens and the item is indeed returned, it is eino birshuso.

Moonshine in Nissan!

The next shaylah is discussed by the Av Beis Din of Sochatchov (1839-1910), known as the first Sochatchover rebbe, whose halachic works are used by all talmidei chachamim. He was the son-in-law of Rav Menahem Mendel of Kotsk (known by all, very simply, as “The Kotzker”). The Sochatchover was a highly respected gaon in learning when he married the daughter of the Kotzker, even though he had just turned bar mitzvah!

To review the case: the police confiscated some contraband moonshine in the beginning of April, issuing a criminal citation for the violation. Subsequently, the criminal charges were dropped. On Pesach, the police appeared at the door of the moonshine vendor to return the liquor, who told them that he could not receive the merchandise on his Jewish holiday. They came back to return it after Pesach. May he sell the liquor?

It is interesting to read the actual shaylah as it appears in the teshuvos of the Sochatchover, from which we can appreciate the mesiras nefesh of the Jew involved. In czarist Russia, where this case occurred, the whiskey business was a government monopoly, and the czar and his agents did not take kindly to those who ignored this, particularly if they were Jews. The czar’s police investigated this Jew’s premises, and located both legal, government distilled liquor and privately made product, moonshine. All the liquor was confiscated, and the accused knew that his future as a client of the czar’s legal and penal system was far from envious. However, with great difficulty, much mazel, and an appropriate transfer of rubles, the police concluded that they had not discovered anything. The vendor assumed that the police had utilized the contraband or sold it, for some additional profit on their part of the venture.

Surprise of surprises: During Pesach, the cops showed up on his doorstep with the schnapps, insisting that if they held onto it any longer, they would be forced to reopen the “protocol” against the vendor. In my opinion, this would qualify as pikuach nefesh, a life-threatening emergency, permitting him to receive the chometz, and then immediately destroy it in honor of Pesach, thus fulfilling the mitzvah of tashbisu in an extremely exemplary fashion. (Note that, according to Tosafos, Pesachim, 29b s.v. Rav, there is no violation of bal yeira’eh and bal yimatzei in this situation.) This worthy Jew did not ask me a shaylah, but simply told the czar’s finest that he could not receive the chometz during the holiday.

To complete our surprise, after Pesach, the police returned with the chometz. The vendor then asked his local rav, Rav Chanoch, whether the chometz was prohibited as chometz she’avar alav haPesach. Although the vendor had indeed sold all his chometz before Pesach, it qualified as eino birshuso, and he could not halachically sell it; and, now, it may be prohibited as chometz she’avar alav haPesach.

The Sochatchover contends that the whiskey is not prohibited as chometz she’avar alav haPesach, because of the following reasons:

The Sochatchover weighs whether, according to halacha, the vendor owns the chometz in a way that he can still sell it. If, indeed, it is still considered to be his chometz, it was sold. However, we previously demonstrated that this is not true, because of the principle of shelo ve’eino birshuso. The Sochatchover quotes the opinion of the Maharam and the Rosh, quoted by the Shitah Mekubetzes, Bava Kama 33a, that when the property is returned to the owner, the hekdesh that he declared will take effect. (Note that many authorities do not agree with this conclusion, including Tosafos s.v ika and Penei Yehoshua ad loc.; Nachal Yitzchak, end of chapter 73.) Similarly, rules the Sochatchover, should the gift not take place and the chometz return to his hands, it is considered to have been under his control the entire time, and is included in the sale retroactively.

On the other hand, if we assume that having the whiskey confiscated is a reason why he cannot sell it, he also did not violate bal yeira’eh and bal yimatzei, since the chometz was not his during the entire Pesach period. Rav Chanoch, the rav who sent the Sochatchover the question, noted that, according to Russian law of the time, when the police seized the contraband, it automatically became property of the czar. Since none of the czars were ever Jewish, this also means that it is not chometz she’avar alav haPesach. When the vendor received the liquor after Pesach, it was a new acquisition of chometz that had been owned by non-Jews over Pesach. As a result, no prohibition of chometz she’avar alav haPesach applies to this whiskey (Shu’t Avnei Neizer, Orach Chayim #339).

Whiskey she’avar alav haPesach

At this point, let us discuss the last of our opening questions: “A non-Jewish business contact was shipped a gift of expensive whiskey, which never reached him. Instead, the shipper returned it to the Jewish sender, and it arrived shortly after Pesach. Is this prohibited because of chometz she’avar alav haPesach?”

This question is based on a case discussed in Shu’t Imrei Yosher (1:32), authored by Rav Meir Arik (1855–1925), who was viewed as the posek hador of his era in Galicia. Among his most famous talmidim were Rav Meir Shapiro, Rav Reuven Margolies (author of Margoliyos Hayam on Sanhedrin and many other seforim), and Rav Zev Wolf Leiter, who later was the av beis din of Pittsburgh. The situation which the Imrei Yosher discusses was when a Jew sent a barrel of local spirits, by train, to a government official. The barrel, indeed, arrived before Pesach, but the official refused to accept it, so it was shipped back, arriving at the Jew’s house after Pesach. At this point, the Jew sees himself a loser on both scores – he did not successfully curry any favor with the official, and he is also out of the expensive barrel of liquor, which he fears is prohibited as chometz she’avar alav haPesach because he did not sell it.

Rav Arik discusses several possible angles whereby the chometz might be permitted. First of all, he notes that, in their day in Russia, the primary ingredient in the mash that was fermented and distilled was potatoes, which are not chometz. However, all whiskey had a small amount of barley malt added, which is chometz. Nevertheless, the liquor manufactured this way was predominantly not chometz, and would have a status of chometz only miderabbanan, since the percentage of chometz in the final product is below the threshold to qualify as ta’aroves chometz min haTorah. Thus, the questioner did not violate bal yeira’eh and bal yimatzei min haTorah.

A second reason to permit this liquor is that the owner had fulfilled bitul chometz before Pesach, in which he declared all of his chometz null, void and ownerless. In this instance, he would not have violated bal yeira’eh and bal yimatzei, even without the bitul, and, therefore, it may be possible to permit the liquor.

This heter is not obvious, for two reasons:

The Shulchan Aruch rules that you cannot rely on bitul to permit chometz she’avar alav haPesach (Orach Chayim 448:5).

Some authorities reject relying on bitul when the owner would certainly have sold the chometz, rather than trash it.

The conclusion of the Imrei Yosher is that a Jew should not drink this liquor after Pesach, but that the owner can sell the liquor to a non-Jew for a price that subtracts the amount of chometz-malt in the finished product. If this is done, the Jew is neither drinking nor benefiting from the chometz. (He discusses concerns that the non-Jew may sell it, afterward, to a Jew who is not permitted to drink it, and suggests a couple of ways to make sure that this does not happen.)

I will share with you one last case, which happened to friends of mine. They had shipped their belongings on a lift while making aliyah, and realized that they had included chometz on their lift. The question was whether they could include the chometz in the sale that they made. This case is different from all those we have discussed because, although they have no access to the chometz at the moment, it is being shipped to themselves. The question is whether this qualifies as birshuso. They received a psak that it was permitted for them to do so, although I do not know who ruled this way and certainly recommend anyone with a similar shaylah ask his own rav or posek.

Conclusion

According to kabbalah, searching for chometz is symbolic of searching, internally, to locate and remove our own arrogant selves. As we go through the mitzvos of cleaning the house, searching, burning, and selling the chometz, we should also try to focus on the spiritual side of this search-and-destroy mission.

Pesach Sheini

Question #1: Seder Pesach Sheini

“Could you please review for me the order of pesach sheini night?”

Question #2: Conversion

“I wanted to become Jewish before Passover, but it looks like it won’t happen. Is there any way for me to make up the korban Pesach that I will miss?”

Question #3: Bar Mitzvah

“I become bar mitzvah during the beginning of sefirah. Does this affect when I will bring korban pesach?”

Introduction

This week’s article explains the Torah’s mitzvah of pesach sheini, offering the korban pesach on the 14^th of Iyar. I am not discussing any laws or customs germane to the observance of pesach sheini today, since we cannot offer the korban, a topic that I have discussed previously. Please note that, to avoid confusion, throughout this article, the holiday of Pesach will be capitalized, whereas the offerings, whether referring to the one offered on the 14^th of Nisan or on the 14^th of Iyar, will be lowercase (except when the word begins a sentence or heading).

Parshas Beha’alosecha teaches the fascinating mitzvah of observing korban pesach a month later than usual, called pesach sheini. Someone unable to observe the mitzvah of sukkah during the current week does not accomplish anything positive by eating his mealsin a sukkah a month later. Someone unable to kindle the Chanukah lights does not have the opportunity to do so on the 25^th of Teiveis, nor on any other “make-up” days after Chanukah. But in the instance of korban pesach, the Torah teaches: “And Hashem spoke to Moshe in the Sinai Desert, in the second year of their leaving the land of Egypt, in the first month [Nisan], saying: ‘The Bnei Yisroel shall offer the pesach in its correct time, on the 14^th of this month, in the afternoon…. They shall prepare it, following all its laws and ordnances…’ There were men who were temei meis, thus, unable to observe korban pesach on the correct day, who approached Moshe and Aharon that day [the 14^th], saying… ‘We are temei meis; why should we lose out and not be able to offer the korban of Hashem in its proper time, as part of Bnei Yisroel?’” (Bamidbar 9, 1-7).

Moshe responded that he would ask Hashem what to do. Hashem instructed that an individual who was either tamei or at a distance and therefore unable to offer the korban pesach, is commanded to offer it during the second month, Iyar, on the afternoon of the 14^th. The Torah then proceeds, “It should be eaten together with matzos and bitter herbs. It should not be left over until morning, nor should any bone be broken; they should prepare it like all the laws of the pesach” (ibid. 11-12). This is very interesting, because, although the Torah appears to be comparing pesach sheini with the korban pesach usually offered on the 14^th of Nisan, the Torah never teaches us how to observe the regular korban pesach. The only other description of the korban pesach in the Torah is when the Jews were still in Egypt, and describes the temporary mitzvah called pesach Mitzrayim, and not all of the laws of that offering apply to the korban pesach brought in the years after the Jews exited Egypt. The laws that apply to a regular korban pesach are taught by the Torah she’be’al peh.

Pesach rishon versus pesach sheini

The Mishnah (Pesachim 95a) states: “What are the differences between the korban pesach offered on Erev Pesach [hereafter called pesach rishon] and the one offered on pesach sheini? The prohibitions of bal yei’ra’eh bal yimatzei [against owning chometz] apply on pesach rishon, whereas when observing pesach sheini, he can have chometz and matzoh together in his house. The first korban requires reciting Hallel while eating it, and the second does not. Both require Hallel while the korban is offered, and are eaten roasted, eaten together with matzoh and bitter herbs. Furthermore, if the 14^th falls on Shabbos, their shechitah (of both pesach rishon and pesach sheini) and other steps required in offering them supersede Shabbos.”

As we noted, the Mishnah states that it is permitted to have chometz in your house while offering and eating the pesach sheini. But are you permitted to eat chometz while eating the pesach sheini? The late halachic authorities dispute whether it is permitted to eat chometz together with the korban pesach sheini (Minchas Chinuch, Mitzvah 381; Meshech Chachmah, Bamidbar 9:10; Avi Ezri, 5: Korban Pesach Chapter 10).

Eruv Tavshillin

At the end of Pesach, we must remember to prepare an eruv tavshillin.

Question #1: Where?

“Is it true that eruv tavshillin is more common in chutz la’aretz than in Eretz Yisroel?”

Question #2: What?

“What is the reason that many people use a hard-boiled egg for eruv tavshillin?”

Question #3: When?

“In what way is the halacha of eruv tavshillin different on Shavuos and Shevi’i shel Pesach from other Yomim Tovim?”

Foreword

With Shevi’i shel Pesach beginning on Thursday evening, the laws of eruv tavshillin are germane both to those living in Eretz Yisroel and to those living in chutz la’aretz. In order to reply accurately to the above inquiries, we must first examine several aspects of this mitzvah that Chazal implemented – particularly, the whys, hows, and whats of eruv tavshillin. Because of space considerations, this article will not be able to address all the issues of eruv tavshillin, but will answer the opening questions that were posed. However, there are other articles on the topic that may be read on RabbiKaganoff.com.

First, the basics: When Yom Tov falls on Friday, an eruv tavshillin must be made on erev Yom Tov to permit cooking and other preparations on Yom Tov for Shabbos. As it turns out, making an eruv tavshillin is much more common in chutz la’aretz than it is in Eretz Yisroel. Since, in our calendar devised by Hillel Hanasi, the beginning of Sukkos, Pesach and Shmini Atzeres never falls on Friday, the only time there is a need for an eruv tavshillin in Eretz Yisroel is when Shavuos or the seventh day of Pesach falls on Friday, or when Rosh Hashanah falls on Thursday. On the other hand, in chutz la’aretz, in additional to these instances, often the two days of Yom Tov fall on Thursday and Friday.

Introduction

When discussing the laws of Yom Tov, the Torah teaches kol melacha lo yei’aseh bahem, ach asher yei’acheil lechol nefesh hu levado yei’aseh lachem,“No work should be performed on these days; however, that which is eaten by everyone (kol nefesh), only that may be prepared for yourselves” (Shemos 12:16). We see from the posuk that, although most melachos are forbidden on Yom Tov, cooking and most other food preparations are permitted. However, cooking is permitted on Yom Tov only when it is for consumption on that day. It is forbidden to cook on Yom Tov for the day after, and at times this is prohibited min haTorah. There is, however, one exceptional situation – when Yom Tov falls on Friday and an eruv tavshillin was made, it is permitted to cook on Yom Tov for Shabbos.

To quote the Mishnah (Beitzah 15b), “When Yom Tov falls on erev Shabbos, it is prohibited to begin cooking on Yom Tov for Shabbos. However, it is permitted to cook for Yom Tov, and, if there are leftovers, plan them to be for Shabbos. Furthermore, (there is a way in which it is permitted to cook on Yom Tov for Shabbos) by preparing a cooked food from before Yom Tov which he leaves for Shabbos. According to Beis Shamai, this must be (at least) two cooked items, and, according to Beis Hillel, one cooked item suffices.” (As we are aware, we also set aside a baked item for the eruv tavshillin, but this is not essential.)

Prior to quoting the dispute between Beis Shamai and Beis Hillel, the Mishnah has expressed three distinct concepts:

No cooking on Yom Tov for Shabbos

1. It is prohibited to cook on Yom Tov for Shabbos (without making the eruv tavshillin).

Marbeh be’shiurim

2. It is permitted to cook for Yom Tov, planning to have leftovers for Shabbos.

Eruv tavshillin

3. Making an eruv tavshillin permits cooking on Yom Tov for Shabbos.

Each of these concepts, which we will explain one at a time, requires clarification:

1. No cooking on Yom Tov for Shabbos

It is prohibited to cook on Yom Tov for Shabbos.

Let me explain a question that is implicit here. If it is prohibited to cook on Yom Tov for Shabbos, why does an eruv tavshillin permit it? Or, in other terms, there are three types of eruv that Chazal instituted, eruv techumim, eruv chatzeiros and eruv tavshillin. All three of these mitzvos have the status of a takanas chachamim, which means that they were instituted by Chazal to permit something that is otherwise prohibited because of a rabbinic injunction. An eruv techumim permits walking on Shabbos and Yom Tov beyond the techum Shabbos, the distance outside the city or other “Shabbos residence;” an eruv chatzeiros permits carrying on Shabbos from one individual’s jurisdiction to that of another. Both of these prohibitions permitted by their respective eruvin are rabbinic injunctions. An eruv, which is a rabbinic introduction, cannot permit something that is prohibited min haTorah, as the Gemara asks, “Can an eruv tavshillin permit a Torah prohibition” (Pesachim 45b)?

If cooking on Yom Tov for Shabbos is permitted min haTorah, and it is prohibited only because of a rabbinic injunction, we can understand how Chazal could create a rabbinic innovation called eruv tavshillin and thereby permit this cooking. To paraphrase this expression of the Gemara, since Chazal created the prohibition, they can also reverse it (ibid.). However, if cooking on Yom Tov for Shabbos is prohibited min haTorah, how do Chazal have the authority to permit that which the Torah forbade?

Two differing approaches

How we answer this conundrum is dependent on a debate between two amora’im, Rabbah and Rav Chisda (Pesachim 46b), which has major ramifications specifically for this coming Yom Tov, when Shevi’i shel Pesach falls on Friday.

Rav Chisda contends that, min haTorah, it is always permitted to cook on a Friday Yom Tov for Shabbos. This is called tzorchei Shabbos na’asin beYom Tov, literally, “Shabbos needs may be performed on Yom Tov.” Since Shabbos and Yom Tov both have kedusha, and are both sometimes called “Shabbos” by the Torah, cooking on Yom Tov for Shabbos is permitted min haTorah, just as cooking on Yom Tov is permitted for the same day (Rashi ad loc.). The prohibition not to cook on Yom Tov for Shabbos is a rabbinic injunction; Chazal prohibited this in order to make sure that people do not cook on Yom Tov for a weekday, or on the first day of Yom Tov for the second, both of which might be prohibited min haTorah. Making an eruv tavshillin permits cooking on Yom Tov for Shabbos, since a person thereby realizes that, without an eruv tavshillin, he cannot cook on Yom Tov even for Shabbos — therefore, he understands that he certainly cannot cook on Yom Tov for any other day.

The other position — ho’il

Rabbah contends that it is often prohibited min haTorah to cook on Yom Tov for Shabbos. In other words, he maintains that tzorchei Shabbos einam na’asin beYom Tov – notwithstanding that Yom Tov is sometimes called Shabbos, it is still prohibited min haTorah to cook on Yom Tov for any other day, including Shabbos!

If that is true, how can an eruv tavshillin, which is a rabbinic solution, permit that which is prohibited min haTorah?

The answer is a halachic concept called ho’il, which permits cooking on Yom Tov min haTorah whenever you might have a need for extra cooked food on Yom Tov itself, even when you are not expecting to need the extra food and it is unlikely that such a situation will arise. For example, after finishing the Yom Tov day seudah, min haTorah it is permitted to cook another meal, provided it will be ready to eat before the Yom Tov day is over. This is because it is possible that unexpected guests may arrive at your door, and you now have a meal ready to serve them. The idea that perhaps something will happen is expressed as the word ho’il; this word is now used as a brief way of referring to a complicated legal concept.

Therefore, whenever it is possible that guests may yet arrive on Yom Tov, it is permitted to cook for them min haTorah. Although miderabbanan it is not permitted to rely on ho’il to cook on Yom Tov for Shabbos, since this is only a rabbinic injunction, eruv tavshillin can permit the cooking.

However, this heter applies only as long as the meal will be ready to be eaten while it is still Yom Tov. There is no heter to begin cooking a meal on Yom Tov that will not be ready until Yom Tov is over. In other words, according to Rabbah, when ho’il does not apply, it is prohibited min haTorah to cook. Under these circumstances, an eruv tavshillin will not permit someone to cook on Yom Tov for Shabbos.

Thus, there is a halachic difference between Rabbah and Rav Chisda that affects us! According to Rabbah, it is not permitted to put a cholent on the fire on Friday that will not be ready to eat until sometime on Shabbos. Usually, it is perfectly fine to cook food on Friday that will be left on a properly covered fire when Shabbos starts and not ready to eat until the Friday night seudah. However, this Yom Tov it is not permitted to do this, according to Rabbah. Since this food will not be ready to eat on Yom Tov, the law of ho’il does not apply. Since the rule of ho’il does not apply, there is no heter to cook the cholent on Yom Tov for Shabbos, even if one makes an eruv tavshillin! Thus, the menu for Shabbos may have to depend on what one is planning to cook, or, more accurately, on whether it will be cooked in a way that it can be eaten on Yom Tov.

How do we rule?

The Mishnah Berurah, in Biur Halacha (527:1), notes that it is unclear whether we rule according to Rabbah or according to Rav Chisda. He concludes, therefore, that it is preferred to be machmir and have the food cooked for Shabbos in a way that ho’il applies, particularly when we are dealing with a potential question of a Torah law, such as when the first day of Yom Tov falls on Friday, as it does this Shevi’i shel Pesach. This means that all the food cooked for Shabbos should be edible before Shabbos arrives. The Biur Halacha rules that, under extenuating circumstances, it is permitted to rely on the rishonim who rule according to Rav Chisda’s opinion, but it is preferable lechatchilah to have the food for Shabbos cooked in a way that it will be already edible on Friday.

When the the first day of Yom Tov falls on Thursday, and, therefore, Friday Yom Tov is miderabbanan, there is more latitude to be lenient.

Why is Shevi’i shel Pesachdifferent?

At this point, we can answer the third of our opening questions: Why is eruv tavshillin more significant on Shavuos and Shevi’i shel Pesach than any other Yom Tov?

In the calendar we currently use, the first day of Shavuos and Shevi’i shel Pesach never fall on Thursday, although they both often fall on Friday. When this happens, Friday is Yom Tov min haTorah, and it is important to plan the menu such that the meals cooked on Friday for Shabbos will be ready to eat when there is still time to eat them on Yom Tov.

Marbeh be’shiurim

At this point, we will examine the second point that we derived from the Mishnah, where it stated, “It is permitted to cook for Yom Tov, and, if there are leftovers, plan them to be for Shabbos.” In other words, even without having made an eruv tavshillin, there is a way to cook more than you need on Yom Tov in order to have plenty of leftovers, or, shall we call them, “plan-overs.” One may cook amply for the Yom Tov meal, knowing that there will certainly be leftovers that can be served on Shabbos. As a matter of fact, if one follows the halacha correctly here, it is even permitted to cook on the first day of Yom Tov planning to have enough leftover to serve on the second day, or even on a weekday. This is provided that each dish is, or could be, served at a Yom Tov meal on the day that it was prepared.

This plan-over preparation is called marbeh beshiurim, literally, “increasing the quantities,”which means that, while preparing food on Yom Tov, it is permitted to include a greater quantity while cooking, provided no additional melacha act is performed. For example, if you need to heat a small amount of water for a cup of tea, you may place a large pot of water on the fire, since only one act of heating water — placing a pot on the fire — is being performed.

However, it is prohibited if an additional melacha action is performed. For example, if the pot is already on the fire, you may not add extra water to it, since this involves a new melacha action.

Adding more

Here are other examples. You are making a cholent or cooking soup; you may add greater quantities of meat, beans or other ingredients than you will need for your Yom Tov meal into the pot before it is placed on the stove, because you place the entire pot onto the fire at one time.You may fill a pot with meat on the first day of Yom Tov, even though you need only one piece for the first day.

However, it is prohibited to prepare individual units of a food item, knowing that you are preparing more than can possibly be eaten on Yom Tov. For this reason, you may not fry more schnitzel or similar items than you will possibly need for a Yom Tov meal, since these involve separate melacha actions. Similarly, it is forbidden to bake more than what you will possibly need for the day (Beitzah 17a). Adding water or meat before putting the pot on the fire simply increases the quantity cooked, but does not increase the number of melacha acts, whereas shaping each loaf or roll is done separately, thus increasing the number of acts performed.

Why is this permitted?

Why is it permitted to cook extra on Yom Tov by use of marbeh beshiurim? We would think that cooking extra on Yom Tov is forbidden, just as in a situation of pikuach nefesh, where it is forbidden to cook more than what is necessary for the needs of the ill person. Why, then, is it permitted to cook extra on Yom Tov, as long as no extra melacha actions are performed?

The Ran (Beitzah 9b in Rif pages, s.v. Umiha) explains that there is a qualitative difference between the performance of melacha actions on Shabbos (or Yom Tov) to save someone’s life, and cooking on Yom Tov. Although saving lives is a huge mitzvah and supersedes Shabbos, the act performed is still an act of melacha. On the other hand, prohibited activities on Yom Tov are defined as melachos that are not food preparatory. Preparing food on Yom Tov involves no melacha activity whatsoever, and is as permitted on Yom Tov as it is to set the table on Shabbos. Since no melacha activity is performed, there is nothing wrong with adding more to cook while the Yom Tov meal is prepared, provided that no additional melacha action is done.

Hard-boiled eruv?

At this point, let us examine one of our opening questions: “Why do many people use a hard-boiled egg for eruv tavshillin?”

It is permitted to continue cooking on Yom Tov for Shabbos only as long as the eruv tavshillin, or at least a kezayis of the cooked part of the eruv tavshillin, still exists. In the days before refrigeration, someone who prepared meat or a different food on Wednesday or Thursday for eating on Shabbos was faced with a practical problem. Once you cook food, it begins to spoil very quickly, if it is not refrigerated. Therefore, notes the Aruch Hashulchan, it was not uncommon that the eruv tavshillin was no longer edible when people were cooking on Wednesday for Shabbos, and an inedible eruv tavshillin is considered the same as one that no longer exists. If your eruv rots, there is no heter to permit cooking for Shabbos.

Using a hard-boiled egg for the eruv tavshillin resolved this problem, since an egg cooked before Yom Tov and kept without refrigeration will still be edible on Shabbos.

However, in today’s world, when you can place the cooked part of your eruv tavshillin in the refrigerator and it will last until Shabbos, it is preferred to use as eruv tavshillin a cooked delicacy that you intend to serve at the Shabbos meal. For this reason, my practice is to use for the eruv tavshillin the gefilte fish that will be served on Shabbos.

Conclusion

The Torah refers to the Yomim Tovim as mo’ed. Just as the word ohel mo’ed refers to the tent in the desert which served as a meeting place between Hashemand the Jewish people, so, too, a mo’ed is a meeting time between Hashemand the Jewish people (Hirsch, Vayikra 23:3 and Horeb). Unlike Shabbos,when we refrain from all melacha activity, on Yom Tov the Torah permits melacha activity that enhances the celebration of the Yom Tov as a mo’ed. Permitting us to cook delicious, fresh meals allows an even greater celebration of this unique meeting time with Hashem.

Selling Chometz before Pesach

Question #1:

“A room is rented to a non-Jew, because it contains the chometz that was sold to him as part of the mechiras chometz. May I enter the room in order to remove something that was not included in the sale?”

Question #2:

“On an occasional emergency basis, my daughter requires use of a medicine that is not listed as being chometz-free. Should we include this medicine with what we sell to the non-Jew, and if we do, what should we do if she needs it during Pesach?”

Answer:

As we all know, a Jew may not own chometz on Pesach; this is included in the Torah’s double prohibition, bal yira’eh and bal yimatzei. Furthermore, the Torah commanded us with a mitzvas aseh, a positive mitzvah, to destroy any chometz left in our possession after midday on Erev Pesach. According to most poskim, these prohibitions apply both to chometz gamur (pure chometz) and to ta’aroves chometz (chometz mixed into another product). In addition, Chazal required us to search our homes and property the night before Pesach for chometz that we may have forgotten, the mitzvah we refer to as bedikas chometz. According to many authorities, this requirement of searching for chometz is, at times, required min haTorah, and certainly fulfills a Torah requirement.

In addition, Chazal created a penalty on a Jew who owned chometz during Pesach in violation of bal yira’eh and bal yimatzei, prohibiting this chometz from use forever, referring to the product involved as chometz she’avar alav haPesach. I will note that this financial incentive has often proved extremely effective in convincing marginally observant Jews to perform mechiras chometz.

Although a Jew may not own chometz on Pesach, there is nothing wrong with his selling his chometz to a non-Jew before it becomes prohibited. The Mishnah states explicitly that one may sell chometz to a non-Jew before Pesach. However, the Mishnah does not discuss whether I can sell my chometz and leave it in my home, knowing that the non-Jew does not intend to keep or use it. To be more specific, does the Jew’s expectation that he will receive the chometz back invalidate the sale? Also, does the non-Jew really intend to buy the chometz, or does he think that this is a charade, and that he is not really purchasing it? This would, of course, undermine the sale.

The Tosefta (Pesachim 2:6) provides us with background to these questions:

A Jew is travelling by ship and has with him chometz that he needs to dispose of before Pesach. However, the Jew would like the chometz back after Pesach, because there is a dearth of kosher food available. Apparently, the cruise liner being described by the Tosefta did not have a supervised kosher kitchen, nor any supervised airline dinners on board.

The Tosefta rules that the Jew may sell the chometz to a non-Jew before Pesach, and then purchase it back afterwards. Alternatively, the Jew may give the chometz to the non-Jew as a present, provided no conditions are attached. The non-Jew may then return the present after Pesach. Thus, we see that one may sell or give away chometz to a non-Jew and expect it back, without violating any halachos, provided that the agreement does not require the non-Jew to return it or sell it back.

In contemporary times, people usually do not undertake to sell their chometz themselves, but instead appoint a rav to sell the chometz for them. The reason for this is that the non-Jew does not take the chometz with him; we leave it in our houses. Since this may have the appearance of a charade, the sale must be performed in a way that halacha recognizes as a valid sale. Since these laws are very detailed and complicated, it is better that a lay person not handle the arrangements for mechiras chometz by himself.

When I was in the first year of a previous rabbinical position, I realized shortly before Pesach that one of my shul members, who was an attorney by training, had not yet arranged sale of his chometz. I called him, asking him if this was an oversight. He answered me that he always arranged his own mechiras chometz by drawing up a contract with a non-Jewish business associate.

Halachically selling chometz via a written contract without any other maasei kinyan does not make the chometz the halachic property of the non-Jew. It might still work because of dina demalchusa dina or similar reasons too complex to explain in this article. The bottom line is that according to many halachic opinions, our lawyer violated the two Torah prohibitions of bal yira’eh and bal yimatzei by owning chometz on Pesach, and also the positive mitzvas aseih requiring that we destroy or otherwise cease our ownership of chometz before Pesach. Merely drawing up a contract with a non-Jew is certainly not the way to sell your chometz and be able to leave it in your house over Pesach. Be’dei’evid, after the fact, this sale would probably be considered valid enough that his chometz would not be prohibited as chometz she’avar alav haPesach. Unfortunately, I did not have a relationship with this attorney to explain to him why his plan was not the best approach to the problem. In other words, if you are an attorney trained in American law, realize that you may not be an expert in Anglo-Saxon common law, Chinese law, Napoleonic Code, the codes of Hammurabi, or halacha, even though we can correctly call halacha “Talmudic Law.”

One of the standard methods we use of guaranteeing that the sale of our chometz to the non-Jew is fully valid is to rent to him the area where the chometz is stored. Thus, we return to our first question as to whether I am permitted to enter that area for my own purposes.

There is also another concern involved in entering the area where the sold chometz is located: The Gemara states that it is permitted to have a non-Jew’s chometz in one’s house on Pesach, provided that a barrier the height of ten tefachim (about thirty-seven inches) is constructed around the chometz, presumably to guarantee that no one mistakenly eats it. So, we have two concerns:

(1) Does entering the area invalidate the sale?

(2) Is it prohibited to enter the area because of concern that I might eat the chometz?

Regarding the first question, whether entering the rented area violates the sale agreement, several authorities rule that it does not (see Chok Yaakov and Machatzis Hashekel, Orach Chayim 472:1). Regarding the second issue, whether entering the area is prohibited because of concern that you might eat the chometz, this question is raised by the halachic authorities (see commentaries to Shulchan Aruch, Orach Chayim 448:3). Most authorities conclude that it is permitted to enter the area for a brief period of time in order to remove something that was forgotten there (see Shu’t Nimla Tal, Orach Chayim, #167).

At this point, let us examine the second of our opening questions:

Most mechiras chometz contracts that I have seen allow for this. They specify that if someone should need a medicine that is sold, the non-Jew permits the use of the medicine, over which he maintains ownership, but that he will be compensated after Pesach for what was used. Since this provision does not exist in all mechiras chometz contracts, I suggest that someone who foresees that they may have this issue should clarify it in advance with the rav who is facilitating the mechiras chometz.

There is another basis to be lenient. Medicines generally do not have a good taste, except for medicines meant for children. Thus, most medicines are inedible, and, according to most poskim,not a chometz problem. Let me explain:

The Gemara states: One does not get punished for violating any prohibitions of the Torah unless he consumes them the way they are usually eaten (Pesachim 24b). It is not prohibited min hatorah to eat or drink a prohibited substance that is now inedible, either because it became spoiled or because a bitter ingredient was introduced (Rambam, Hilchos Yesodei Hatorah 5:8).

Can chometz change its stripes so that it is no longer considered chometz? The answer is that it can lose its status as chometz – when it is decomposed or otherwise ruined to a point that it is nifsal mei’achilas kelev, a dog will no longer eat it (see Pesachim 45b). Since it no longer can be used for either food or feed, it loses its status as chometz that one is prohibited from owning and using on Pesach (Tosafos ad locum; Shulchan Aruch, Orach Chayim 442:9; cf. Rashi, Pesachim op cit., whose position is more lenient).

However, there is a question based on a passage of Gemara that states that chometz burnt before Pesach may be used on Pesach (Pesachim 21b). The rishonim raise the following question: Why does the Gemara say that one may benefit from the burnt chometz, but does not permit eating it, since it is no longer considered food and therefore not included under the prohibition of chometz?

There are two major approaches to answer this question, which result in a dispute in practical halachah. According to the Ran, since the burning rendered the chometz inedible even by an animal, one may even eat it, even though the Gemara does not mention this. This approach seems to have the support of the Rambam (Yesodei Hatorah 5:8), who permits consuming a prohibited beverage after a bitter ingredient was added to it.

However, the Rosh contends that the rabbis prohibited one from eating the inedible chometz because of a principle called achshevei, which means that by eating it one is treating it as food. Most later authorities follow the Rosh’s approach, prohibiting someone from ingesting inedible chometz because of this rabbinic prohibition (e.g., Terumas Hadeshen #129; Taz, Orach Chayim 442:8; Magen Avraham 442:15; Shaagas Aryeh #75).

Does oral intake of a chometz-based medicine qualify as achshevei? If it does, then it is prohibited to ingest inedible chometz even as medicine, unless the situation is life-threatening.

We find a dispute among later authorities whether ingesting medicine is prohibited because of achshevei. We can categorize the positions into three basic approaches:

1. Taking medicine is considered achshevei.

The Shaagas Aryeh (#75) rules that ingesting medicine is prohibited miderabbanan because of the rule of achshevei.

2. Taking medicine is not achshevei.

Rav Moshe Feinstein maintains that medicine never qualifies as achshevei. His reason is that people take even very bitter items for their medicinal value; thus taking something as a medicine does not demonstrate that one views it as food.

3. It depends on why the chometz is there.

The Chazon Ish advocates a compromise position. Although he agrees with the Shaagas Aryeh that consuming something as a medicine qualifies as achshevei, he contends that achshevei applies only to the active ingredient – the item for which one is taking the medicine. However, he maintains that achshevei does not apply to the excipient ingredients, those added so that the medicine can be made into a tablet.

According to Rav Moshe, as long as the medicine is foul-tasting, there is no need to check if it contains chometz. The chometz is nifsal mei’achilas kelev, and the consumption of medicine does not qualify as achshevei. The only need for a medicine list is when the medicine is pleasant tasting.

On the other hand, according to the Shaagas Aryeh, barring a situation of pikuach nefesh, one may not ingest a medicine containing chometz on Pesach, and it is important to research whether it contains chometz. According to the Chazon Ish, this is a concern only when the chometz is the active ingredient, which is rare in a tablet medicine.

A lay person should not decide on his or her own not to take a necessary medicine without consulting with a rav or posek, and, of course, their physician.

Even according to the Shaagas Aryeh, there is nothing wrong with owning or even benefiting from these medicines on Pesach – the only prohibition would be to ingest them. Thus, a Jewish-owned pharmacy is not required to remove from its shelves foul-tasting medicines that are on the prohibited chometz lists.

Regardless as to which approach one follows, one must be absolutely careful not to look down on someone who follows a different approach. In any situation such as this, this attitude will unfortunately cause great harm, since it can lead to feelings of conceit. Remember that the prohibition of chometz is to sensitize ourselves greater to concerns about conceit. It would be terribly ironic if an attempt at being more machmir in the halachic arena would cause someone to become conceited, the exact opposite of the intent of the mitzvah.

According to Kabbalah, searching for chometz is symbolic of searching internally to locate and remove our own arrogant selves. As we go through the mitzvos of cleaning the house, searching, burning, and selling the chometz, we should also try to focus on the spiritual side of this search and destroy mission.

The Pesach Sleuth

Imagine walking into a factory, noticing the ceiling, 25 feet overhead, lined with rows upon rows of similar-looking pipes. “How am I possibly supposed to know what goes through these pipes? How can I possibly check if they have been cleaned properly, and how can I possibly kasher them?”

When we purchase products for Pesach, we look for a hechsher that we respect, and we rely on that hechsher to make sure everything is done properly. Fortunately, an experienced mashgiach will know how to trace all those pipes and figure out what each one contains, although it will take him time to do so. Yet, most of us do not know what it is like to be in a factory that is supervising a Pesach-dik production run, nor do we know what it is like to be checking a factory to see if it is maintaining its kashrus program. We also don’t really know why one hechsher is acceptable and another is not. Most people apply the “What do the neighbors use?” system, or, more accurately, “What does the chevrah use?” or “Do bnei Torah eat from that hechsher?” approach. Although one article cannot answer most of these questions, it can provide some direction and background.

Pesach-dik ketchup

Let me begin with a typical kosher-for-Pesach story. Ketchup, a common North American household product that, in some households, is an irreplaceable staple, is a relatively simple product containing tomato paste, water, corn sweetener, vinegar, salt, spices and flavoring. Several of these ingredients require replacement for a Pesach-dik product. Corn sweetener is kitniyos, and would require replacing, probably with a kosher-lePesach sugar made from either cane or beets. Pure spices ground for industrial use should be fine, but spice extracts or oleoresins will require more research. The water should not present any problem, and the tomato paste and salt used for commercial production should also be fine, but it always pays for the hechsher to double check the manufacturer.

Both the vinegar and the flavoring could contain chometz, and almost certainly contain kitniyos if they did not come from a specially-made Pesach run. Let us see how these sensitive ingredients will be handled:

Vinegar

Regular vinegar, usually called white vinegar, is manufactured from alcohol processed with yeast, vinegar food, and perhaps other raw materials, until the alcohol turns to vinegar. Every one of these ingredients can involve a potential chometz issue: Alcohol is commonly produced from grain. Vinegar food may alsoinclude chometz ingredients. Kosher lePesach vinegar would require that the alcohol, the yeast and the vinegar food all be specially made from a non-chometz, non-kitniyos source. Assuming that the hechsher certifying the production of the ketchup is not the one that certified the vinegar, the rabbonim or poskim of the hechsher on the ketchup will decide which hechsher for Pesach-dik vinegar they will accept.

In theory, kosher lePesach vinegar could be produced in a much easier way with virtually no halachic complications. Chemically, white vinegar is a solution of acetic acid and water. Pure acetic acid can be produced synthetically, and, therefore, a product identical to vinegar can be produced by simply mixing glacial acetic acid and water, which would be a very easy item to produce, simple to supervise ,and less expensive than kosher-lePesach vinegar.

So why not?

If it is much easier to produce kosher-lePesach vinegar this way, why is it not done? The answer is that it is illegal in the United States to call this product “vinegar,” notwithstanding that it is perfectly safe to use and will accomplish whatever the “vinegar” in your product will. In the United States, this ingredient must be labeled as “diluted glacial acetic acid” or something similar, and companies are concerned that customers will not purchase a product with this ingredient listed on the label.

Vinegar in the United States must be produced by the fermentation of alcohol, and the alcohol used for this production must also be fermented and distilled from sugars or starches. Nevertheless, there are many countries of the world where it is perfectly legal to use synthetically produced vinegar in food production and to label it as “vinegar.”

Flavoring

Ketchup requires the addition of herbs, spices or flavoring. The size of flavor-producing companies varies in as great a range as you can imagine. I have seen flavor companies that are quite literally mom-and-pop shops, and I have also been inside flavor factories the size of a small city. Some flavor companies manage without any major sophisticated equipment, whereas others own hundreds of production machines that each cost in the millions of dollars.

Spray towers

Here is a very practical example: Many products are dried today in a massive piece of equipment called a spray dryer or spray tower. The purpose of this piece of equipment, usually about the height of a three-story building, is to convert a liquid product into a powder. It does so by pumping the liquid until it is dropped through the top of the spray tower. In the tower, which is usually gas-fired, very hot air, usually about 500 degrees Fahrenheit, is forced along the inside walls of the tower, and the liquid product is dropped through the middle. The temperature is hot enough so that all the liquid evaporates, leaving behind a powder that drops to the bottom of the spray tower, where it is boxed or bagged.

Many thousands of spray towers are used in the United States alone. Possibly the most frequent use is to powder skim milk, which is highly perishable, into nonfat dry milk, which occupies a fraction of the space of the liquid product, and, if kept dry, has an indefinite shelf life without any refrigeration, thus making it very easy to store and ship.

Assuming that this spray tower is used only for milk, the major question that will occur is how to kasher it for a cholov Yisroel production. There are many halachic issues here, including that a spray tower physically cannot be filled with water and brought to a boil, which constitutes hag’alah, the most common way of kashering. Furthermore, it is unlikely that this method suffices to kasher the tower, since the absorption into the walls of the spray tower is without liquid.

Another option is to kasher the tower by use of a flame thrower, basically a larger form of a blow torch.

On the other hand, there are halachic authorities who contend that the spray dryer does not even require kashering, since the product is not supposed to touch its walls. Because of the tremendous heat that absorbs into the stainless steel walls of the dryer, product that touches them burns, and will probably pass distaste, nosein taam lifgam, into the final product. Some of these last-quoted authorities contend that a spray tower does not require kashering.

There are also companies that have contract spray-dry equipment. This means that the spray tower is not constantly in use for their product,and, not wanting to leave a very expensive piece of equipment idle, they will spray dry other products during the “down” time, when they are not producing their own products. For example, I have seen wine powder, powdered meat extract, medicinal items, and even blood, spray dried on equipment that was also at times used for kosher supervised products.

At this point, let us return to our special kosher-for-Pesach ketchup production. A flavor whose components were spray dried, which is a fairly common procedure, would require researching what else was produced on this spray dryer, or attempting to kasher the spray dryer. All of these complicate the research involved in producing our kosher-lePesach ketchup.

To resolve all these potential complications, the flavors used for the production of this kosher-lePesach ketchup were ordered from a small manufacturer. The order was to use only pure essential oils that would be extracted by pressure — in other words, oil that is squeezed out of the spice source in what is called a “cold press” operation and without any extracting aids. Many essential oils are extracted using alcohols such as ethanol or glycerin, which could compromise the kashrus of the product.

Of course, a knowledgeable field representative was dispatched to oversee that the flavor company indeed followed the instructions and used only cold press essential oils. The flavor company blended together these liquid oils and then added a significant amount of salt to the product. The reason for the addition of the salt was to dry out the finished spice so that it could be easily shipped and stored. From a kashrus perspective, this was certainly a far better alternative to using a spray-dried product and kashering the spray dryer.

Now our hechsher has successfully located all the ingredients and overseen the production of all the raw materials for the kosher-lePesach ketchup. The next step is to send a knowledgeable mashgiach to the production facility where the ketchup is to be manufactured, to ascertain how that equipment will be kashered prior to the Pesach run, and to clarify with the company its production schedule prior to the dates when the equipment will be kashered and the Pesach product manufactured. He also needs to check whether other products are being made in the facility, or a nearby facility, that uses the same heating system to produce chometz products.

And this is for a relatively simple product.

Having shown how a relatively simple Pesach-dik product is made, I will shift from the simple to what is possibly the most complicated: the kashering of hotels for Pesach, which has become a colossal international business. A glance at any frum newspaper includes advertisements marketing opportunities to spend Pesach on any continent, always only with non-gebrochtz, shemurah matzos, cholov Yisroel, and glatt kosher, under a rav’s strict supervision, with several prominent English speakers as scholars-in-residence, babysitting provided during the lectures, and many sightseeing activities available for Chol Hamo’eid. Yet, individuals interested in experiencing Yom Tov this way should be aware that kashering a hotel for Pesach is a mammoth and difficult process. It is even more difficult to do when the entire hotel is not being kashered for Pesach, when the hotel’s regular kitchen staff are used, or when the chef and sous-chefs are not halachically observant themselves.

By the way, travel tours create the most difficult issues regarding kashrus supervision. Many hechsherim will simply not supervise them because of the complications involved with traveling to different places and using products that are available locally. These issues become even more complicated when it comes to Pesach supervision.

Aside from the many nightmares I have heard regarding Pesach hotel hechsherim, I will share with you just one nightmare story of which I have firsthand knowledge. At one point in my career, I was in charge of the hechsherim in an area that encompassed a well-known tourist area. Simply put, if anything was supervised kosher in our area, I knew about it. There indeed were several reliably kosher tours, some of whom used our kashrus organization to supervise their activities and some who did not, but, it seemed to me, still maintained a fairly respectable kashrus standard.

Once, I saw an advertisement in the Anglo-Jewish press for a “glatt kosher tour” through our area. Since none of the tour companies with which I was familiar was involved, I called the number listed for reservations and inquired who was overseeing their kashrus in the area. The woman who answered the phone dutifully notified me that “Jim Klein oversees all food production and kashrus arrangements in that area.” I knew Jim well. Not only was he completely non-observant – he was married to a non-Jewish woman! Yet, the tour was advertized as glatt kosher, chassidisha shechitah. I have no idea if it was chassidisha shechitah, but it was certainly not glatt kosher, and halachically was not kosher at all!

For sure, we know not to use anything “supervised” by Jim. Can we eat something supervised by Yossel? The answer is that we rely on a hechsher that uses yir’ei shamayim personnel who are knowledgeable both in halacha and in the technical aspects of modern kashrus. Particularly, when we decide which Pesach products we allow into our home to enhance our simchas Yom Tov, we use only hechsherim that impress us with their expertise and their concern about the important role they play in our lives.