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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 14th 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 14th of Nisan or on the 14th of Iyar, will be lower case (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 25th 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 14th 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 14th], 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 14th. 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 14th 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 14th 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).

More on pesach sheini

How else is this night of pesach sheini different from all other Pesach nights? The Tosefta (Pesachim Chapter 8) adds to the list supplied by the Mishnah that, when the pesach rishon is offered, those bringing it are divided into three groups, as described in the Mishnah, who take turns entering the Beis Hamikdash to offer the korban. Pesach sheini has no such requirement and all those interested in offering it are granted entry to the Beis Hamikdash at one time. Tosafos (Pesachim 95a s.v. mah) notes that the Gemara (Pesachim 90a) mentions another difference between pesach rishon and pesach sheini: the first pesach requires that the animal be selected and placed in your house four days before it is offered, on the tenth of Nisan, so that the animal can be observed for four days to ascertain that it has no blemish rendering it invalid. Pesach sheini has no such requirement, meaning that, it is sufficient to examine the animal carefully that it has no blemishes before offering it. There is no obligation to select it four days earlier and examine it frequently in the course of those four days.

As the Rambam and others explain, all the laws regarding when and how the korban pesach is eaten — that it is eaten only on the night of the 15th, that it is barbecued, whole, on a spit made of pomegranate wood and that it should be eaten to complete being satisfied, not when you are hungry (Rambam, Hilchos Korban Pesach 8:3-4) — apply equally to pesach rishon and pesach sheini. The individuals required to offer the pesach, either rishon or sheini must eat at least a kezayis of the korban pesach. It is worthwhile noting that, to the best of my knowledge, the only time a Jew is required min haTorah to eat meat is the kezayis of korban pesach, either on pesach rishon or pesach sheini. Otherwise, someone can freely remain vegan if he prefers.

Why is this night different?

In explaining why there are halachic differences between pesach rishon and pesach sheini, the Gemara returns to the above-quoted pesukim. The Torah states that the korban pesach sheini should be brought kechol chukos hapesach, “like all the laws of the pesach.” The Gemara asks why the posuk mentions, specifically, that pesach sheini should be eaten together with matzoh and marror, that no bone may be broken and that it should be consumed during the night and not left, uneaten, until morning. Are these not laws that apply to the first korban pesach and that there is, therefore, no need to repeat them?

The Gemara concludes that certain mitzvos related to pesach rishon apply to pesach sheini, even though they are not mentioned specifically in the Torah. These include the requirements of roasting the korban pesach and eating it in one place, since these halachos are details in the preparation and consumption of the korban pesach. On the other hand, halachos that are not details in the preparation and consumption of the korban pesach, such as the requirement to dispose of all of one’s chometz before offering the pesach, apply only to pesach of the 14th of Nisan and not to pesach sheini.

Other details

The posuk states that pesach Mitzrayim required that the lamb or kid to be offered as korban pesach is selected already on the tenth of Nisan, a mitzvah called bikur. The Gemara explains that pesach sheini does not require bikur.

Does a pesach offered on the 14th of Nisan require bikur? Although, as I mentioned above, Tosafos (Pesachim 95a s. v. mah) requires bikur of four days for pesach rishon but not for pesach sheini, other rishonim require bikur only for pesach Mitzrayim and the daily korban tamid, but not for either pesach rishon or pesach sheini (Rashba, Menachos 49b).

Seder pesach sheini

At this point, we can now address our opening question: “Could you please review for me the order of pesach sheini night?”

We are all familiar with the steps of our Seder night: Kadeish, Ur’chatz, Karpas, Yachatz, Magid, Rachtzah, Motzi, Matzoh, Maror, Koreich, Shulchan Oreich, Tzafun, Bareich, Hallel, Nirtzah. The question now is: how many and which of these steps does someone observe if he is bringing pesach sheini?

Kadeish

There is no recital of Kiddush on pesach sheini, since it is not Yom Tov. Furthermore, there is no mitzvah to have four cups of wine.

There is no mitzvah of magid, recital of the Exodus story, on pesach sheini. In other words, a person who was tamei or distant from the Beis Hamikdash, and, therefore, could not offer korban pesach, observes his Seder on Pesach rishon, the night of the 15th of Nisan, the way that we observe our Seder today without a korban pesach. On that night, he fulfills all the mitzvos of pesach night, including magid, matzoh, four cups of wine and Hallel. The only mitzvah of the night that is postponed for a month is offering and consuming the korban pesach,

Ur’chatz, Karpas

The purpose for the dipping of karpas and, therefore, the washing of hands that takes place before it, is to arouse the children’s attention, so that they should be alert to the events that we are discussing Seder night. But this is included within the mitzvah of magid, which does not exist on pesach sheini.

Yachatz

Splitting the matzoh in half so that the rest of it is eaten as the afikomen is to remind us that the korban pesach is eaten as the final item on the pesach-meal menu. Presumably, yachatz was not observed at all when the Beis Hamikdosh was standing, since we would be eating the korban pesach itself.

Magid

Since there is no mitzvah of magid, reciting the Exodus story, there is also no asking of the four questions at the Seder of pesach sheini. (However, see Sefas Emes, Pesachim 95a and Shu”t Benei Tzion 1:30.)

Rachtzah, Motzi, Matzoh, Maror, Koreich

All of these are part of the observances of pesach sheini.

Shulchan Oreich

There is no requirement of serving a festive Yom Tov meal, although there is a requirement to eat the korban pesach al hasova. There is a dispute between the Rambam and the Yerushalmi exactly what this requires. According to the Rambam, eating korban pesach al hasova means that you should eat of it as much as you want with gusto – you should not feel restricted from eating large portions of it,. According to the Yerushalmi (quoted by Tosafos, Pesachim 70a and Mahari Kurkus, Hilchos Korban Pesach 8:3), this means that you should not be extremely hungry when you eat the korban pesach. This is a rabbinic requirement to make sure that no one comes to break the bones of the korban pesach, in his haste to eat it.

Either approach should apply to pesach sheini. But a difference between the two approaches is that, according to the Rambam, there is no need to eat a meal with pesach sheini – it is adequate to serve matzoh and marror with the korban pesach and make that your full meal. According to the Talmud Yerushalmi, enough of a meal should be served before the korban pesach so that people are not ravenously hungry when it is served (Mahari Kurkus).

Tzafun

See our discussion above regarding mitzvas afikomen.

Bareich

Since there is a requirement to eat matzoh, there is a requirement to bensch after the meal on pesach sheini. Yaaleh Vayavo is not recited, because it is not Pesach.

Hallel

As mentioned above, Hallel is recited only on the afternoon of the 14th of Iyar, when the korban pesach is offered, but not in the evening or the next morning, neither in shul, nor as part of the “Seder.”

Nirtzah

It seems to me that the customs of nirtzah all relate to the mitzvah of magid and the specific sanctity of the night of Pesach and not to the observances of pesach sheini.

Seder Plate

Does the pesach sheini Seder plate reflect this difference? It should contain marror and charoses, but there will be no need for any other items, since there is no mitzvah of karpas. Bear in mind that when we will again be able to offer korban pesach and korban chagigah, there will no longer be small roasted items on the Seder plate, what we usually call the zero’a and the beitzah, because the korban pesach is a full roasted lamb that will require a platter, and the korban chagigah is probably much larger.

Women and pesach sheini

There is a very major difference between men and women regarding pesach sheini. For women, offering pesach sheini is an opportunity, not a requirement. Therefore, if they were unable to offer pesach rishon and choose not to offer pesach sheini, there is no punishment of kareis. Also, they cannot bring their own pesach sheini, unless a man is involved who is required to do so.

Similarities

There are other ways, not mentioned in the Torah, in which pesach sheini has similar laws to pesach rishon. Both korbanos require that you stay overnight in Yerushalayim until the morning of the 15th of Nisan, a mitzvah called linah (Pesachim 95b). (If not for this requirement, someone could eat his korban pesach in Yerushalayim during the early part of the evening, and then sleep outside the walls of the old city [Rashi ad loc.].)

Both pesach rishon and sheini are offered on the afternoon of the 14th of the month, whether it is Shabbos or not (Pesachim 95b).

Violating either one intentionally incurs kareis, a characteristic these mitzvos aseih share with only one other positive mitzvah, bris milah.

Not tamei

Although the Torah mentions pesach sheini only in the context of someone who was either tamei or distant, the halacha is that pesach sheini applies to anyone who missed pesach rishon, whether it was because he was hospitalized, uncircumcised, ill, an onein (the first stage of mourning when he is not permitted to participate in korbanos) or even because he simply forgot. The reason the Torah singles out someone who was tamei meis or distant is because someone who failed to bring pesach rishon because of these two reasons and failed to bring pesach sheini is exempt from kareis, whereas anyone who missed pesach rishon for one of the other reasons and then missed pesach sheini intentionally is punishable by kareis (Piskei Hilchos Pesach Sheini Biketzarah). However, the exemption from kareis for a tamei is only for someone who could not have made himself tahor for pesach rishon.

A 12-year-old boy who turns bar mitzvah between the 15th of Nisan and the 14th of Iyar, or someone who converted to Judaism during those days should observe pesach sheini. However, if the child was already included in someone’s pesach rishon, he does not bring pesach sheini.

Someone who intentionally did not offer pesach rishon is chayov kareis for not having done so, but if he then brings pesach sheini, he removes the punishment of kareis from himself. But this is true only if he actually offers pesach sheini. If he was unable to offer pesach sheini, even if this was beyond his control, he is liable for kareis for not bringing pesach rishon intentionally.

This latter rule is true, also, regarding someone who is uncircumcised. If he could not bring pesach rishon because he was uncircumcised, received his bris milah sometime after Erev Pesach, and, intentionally, missed pesach sheini, he will be subject to kareis for not having offered the korban pesach.

Someone who brought pesach rishon and subsequently discovered that he was tamei and not permitted to offer the korban pesach is obliged to bring pesach sheini (Rambam, Hilchos Korban Pesach 6:12).

Only for the individual

When the Torah introduces the mitzvah of pesach sheini, it says ish, ish, repeating that the concept of pesach sheini is only for the individual. For this reason, should most of the community be tamei, there is no pesach sheini (Pesachim 79a; Rambam, Hilchos Korban Pesach, 7:1). There are many detailed rules that we will not discuss in this article that determine whether they will offer pesach rishon while they are temei’im, or will be exempt from korban pesach (and the punishment for not offering it) that year.

Conclusion

In explaining the mitzvah of pesach sheini, the Torah taught that several aspects of the laws of the korban Pesach are observed, but not all the laws of the Pesach holiday. This creates a very interesting combination. Although we have become accustomed to observing the holiday of Pesach without its unique korban, this is really one of the most important, if not the most important, observances of Pesach. It is actually so important that the men who were tamei and could therefore not be part of the communal korban Pesach, realized that they were deprived of a basic mitzvah observance. Indeed, they were correct, and the observance of korban Pesach is so important that it has a make-up a month later, something unique among mitzvos.




Eruv Tavshillin

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

Freeimages/Eitha

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.




Erev Pesach on Shabbos Guide

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

Photo by alex ringer from FreeImages

Thursday

Since Erev Pesach is Shabbos, the fast of Taanis Bechoros is pushed earlier, 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. If attending a siyum is not a viable option because of COVID safety concerns, please consult with your LOR (=local Orthodox rabbi) as to whether you can attend a siyum online.

Thursday night

Bedikas Chometz

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

Friday

Friday morning davening is regular, without tachanun, because it is the month of Nisan. Although, on Erev Pesach, Ashkenazim do not say the chapters of mizmor lesodah and la’me’natzei’ach in shacharis, they do say these parts in the Friday davening, since it is not Erev Pesach. Since Sefardim do not recite la’me’natzei’ach on any day when tachanun is not recited, they do not recite it the entire month of Nisan.

Selling the Chometz

Reminder: make sure to have already attended to the sale of your chometz.

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 on Friday morning, but, instead, we recite it on Shabbos morning, when we finish eating the chometz.

Doing Melacha on Erev Shabbos

Although it is prohibited to perform certain melacha-work during the afternoon of Erev Pesach, and haircuts and shaving must be performed in the morning, there is no limitation on doing melacha-work on this Friday any different from any other Erev Shabbos, 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.

Matzoh baking

Those who are accustomed to bake matzohs on the afternoon of erev Pesach usually bake them in the afternoon of this Erev Shabbos, even though it is still permitted to eat chometz.

Seder preparations

Ideally, all of the seder preparations should be performed on Friday, including roasting the zero’a (shankbone) 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 matzoh, remember to do so before Shabbos. If you forgot to do so before Shabbos, what to do if you first discover the problem the first night of Pesach will depend on whether the matzoh was prepared in Eretz Yisroel or in chutz la’aretz. Briefly explained, although it is prohibited to separate challah on Shabbos or on Yom Tov (unless the dough was mixed on Yom Tov), someone who prepared dough in chutz la’aretz and forgot to separate challah may put aside some of the product (in this case, some of the matzoh), eat the rest of the matzoh on seder night, and separate challah from the leftovers after Yom Tov (in this case, on Chol Hamo’eid). However, someone living in Eretz Yisroel cannot use this solution, and will have to find other matzoh to use for the seder.

Shabbos Food Preparations

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

Shabbos Candles

Be careful not to place the Shabbos candelabra on the tablecloth on which chometz will be served, since it will not be possible to remove the candles in order to remove the tablecloth.

Planning three meals

Friday night meal

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

One is required to recite hamotzi at the first two Shabbos meals, using two “breads” (lechem mishneh).

It is permissible to eat chometz hamotzi in one part of the house and the Pesachdik meal in another, since his intent when washing and making hamotzi was to eat his meal in this way. He should return to where he made hamotzi for bensching. Each person should eat at least one kebeitzah of bread (egg size) to fulfill the mitzvah of seudas Shabbos and justify making netilas yadayim with a bracha. (Since one may not weigh on Shabbos, one who intends to weigh his chometz, in order to determine that he is eating the correct amount, should do so before Shabbos.)

Egg or grape matzoh, or matzoh cookies (all of these qualify as matzoh ashirah) may be used for lechem mishneh at these meals. According to many authorities, Ashkenazim should eat as much matzoh ashirah as one would eat bread with this type of a meal (i.e., certainly more than the egg size mentioned above). Sefardim should eat four egg sizes of the matzoh ashirah. Please note that Rav Moshe Feinstein was more lenient than the above approaches, ruling that as long as the kevi’us seudah is on the matzoh ashirah, which presumably requires eating at least a kebeitzah, that the brocha is hamotzi.

Note that someone who has the custom to refrain from eating matzoh after Purim or Rosh Chodesh may still eat matzoh ashirah.

If using chometz plates to serve a hot meal that was cooked in a Pesachdik pot, one should pour the hot food into a Pesachdik plate or platter before pouring it into the chometz-dik plates. (Presumably, 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 (hiddur) to eat two meals on the morning of Erev Pesach, separated by a brief interruption.

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 before the latest time to eat chometz. Some poskim prefer that a fleishig course be eaten with the first morning meal, before breaking.

Bitul chometz

After completing the eating of the 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) or into a communal garbage bin (if it is within the eruv), but do not place it inside your own garbage can. Then recite the second bitul chometz. 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. According to the Mishnah Berurah, it is permitted and recommended to eat kneidlich, even if you have a minhag not to eat matzoh from Purim or from Rosh Chodesh and there is no halachic problem with eating them on Erev Pesach.

Many poskim recommend that Sefardim serve matzoh ashirah at seudah shelishis. These matzos require netilas yadayim. The bracha before eating these matzos is hamotzi, and they require bensching, afterward.

If one eats cooked matzoh, kneidlich or matzoh 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 this Shabbos for seudah shelishis should eat before the tenth hour. 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 statement to be 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 bring their own matzoh to the seder, if they are eating at someone else’s house, they should not carry these matzos until Shabbos is over. Also, remember not to begin preparations for the seder until Shabbos is over and after saying “Baruch Hamavdil bein kodesh lekodesh.”

Chag Kosher vesomay’ach!!




Selling Chometz before Pesach

Photo by Deb Collins from FreeImages

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:

“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?”

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

Photo by Matus Laco from FreeImages

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.




Practical Aspects of Matzoh Baking

Question:

Personally, I find the different terms used in reference to matzoh very confusing: On the one hand, I have been told that if one is working on the dough constantly, one need not be concerned if more than eighteen minutes elapses before the matzoh is baked. On the other hand, I have been told that if eighteen minutes elapses, the dough becomes chometz. And then I see a product advertised as “eighteen-minute matzoh.” I thought that matzoh that takes more than eighteen minutes is chometz. Also, could you explain to me the advantages of hand matzoh over machine matzoh, and if there is a valid reason why some people use only shmura hand matzoh for the entire Pesach.

Answer:

In order to answer all these questions, I must first explain the process of making matzoh. Although matzoh is the simplest of products, just flour and water, a tremendous amount of detail is involved in preparing it in a halachically correct way. We will divide our discussion into three headings — the flour, the water, and the manufacture.

The Flour Requirements

To fulfill the mitzvah of eating matzoh on seder night, one must be certain that the flour was “guarded” to guarantee that it did not become chometz.

It is important to clarify that there are two different halachic issues. The first factor is that one must be careful that the matzoh is baked in a way that it does not become chometz, so that one does not, G-d forbid, violate the prohibition of eating chometz on Pesach. This concern exists for all matzoh that one may consume any time during Pesach.

However, even if one is guaranteed that the matzoh is 100% free of any chometz, there is an additional factor required for the matzoh that is used at the seder: This matzoh must be made lishmah – with the specific intention of making it for the sake of fulfilling the mitzvah.

The Concept of Lishmah

There are several mitzvos that can be performed only with an item that is made lishmah. These include the mitzvos of tzitzis, tefillin, mezuzah, and matzoh. Thus, for example, the leather used in the manufacture of tefillin must be tanned specifically for the mitzvah of wearing tefillin. For this reason, when placing the hide into the chemical solution that makes the hide usable as parchment or leather, one must state that it is being manufactured lishmah. Even a small job such as blackening the tefillin straps must be performed specifically for the sake of the mitzvah of tefillin. Thus, one who repaints his tefillin must recite before painting them that he is doing this for the sake of the mitzvah of tefillin.

In a similar way, matzoh for the seder must be lishmah, meaning that it is manufactured with specific intention that it not become chometz so that it can be used to fulfill the mitzvah of eating matzoh on seder night. For this reason, before beginning work in a matzoh bakery the workers say: Kol mah she’ani oseh hayom har’eini oseh lesheim matzos mitzvah, “Everything that I am doing today, I am doing for the sake of producing matzos that will be used for the mitzvah.”

In addition, the preparation of the flour and the drawing of the water must be performed for the purpose of fulfilling the mitzvah of eating matzoh. This intention is referred to as preparing the flour and water lesheim matzos mitzvah.

Although the Gemara (Pesachim 40a) discusses that the flour used for the mitzvah of matzoh must be prepared lesheim matzos mitzvah, it is unclear from the Gemara at what stage the flour must be guarded from chimutz for the sake of matzos mitzvah. Among the early poskim, there are three opinions:

(1) From the time of harvesting

(2) From the time of grinding

(3) From the time of kneading

The Shulchan Aruch rules that it is preferable to guard the wheat from the time of the harvesting, but it is satisfactory to use wheat that was guarded only from the time of grinding. Other poskim require lishmah from the time of the harvest. In common usage, “shmura matzoh” refers to matzoh that was guarded from the time of the harvest.

Harvesting Lishmah

There is a dispute among rishonim whether an act that must be performed lishmah can be performed only by a Jew, or whether it can be performed by a non-Jew who is instructed by a Jew standing over him to perform this act lishmah. This dispute has major ramifications for many mitzvos, such as preparing hides to be made into parchment for writing tefillin, mezuzos and sifrei torah, and preparing hides for manufacture into tefillinbatim” and tefillin straps; or preparing threads for manufacture into tzitzis. According to the first opinion, hide that was tanned by a non-Jew for the sake of the mitzvah is not kosher for use. According to the second opinion, if a Jew stands near the non-Jew and instructs him to tan the hide lishmah, the resulting hide or parchment can be used for the mitzvah.

Similarly, there is a dispute whether a non-Jew may operate the combine used to harvest the shmura wheat, or must a Jew operate the controls that cause the combine to harvest the wheat. (According to some opinions, it is insufficient to have the Jew operate the controls of a regular combine, since the harvester, once it is turned on, continues to operate automatically. Thus, this is considered that the Jew harvested the wheat indirectly. Instead, the combine must be set up in a way that it cuts grain only when the stick is held in a specific position. Thus, the Jew is actually doing the harvesting himself by using the combine as his sickle!)

At times, it seems that matters were simpler when wheat was harvested by hand. A friend of mine, who was born in the Soviet Union, described for me how his father harvested wheat for matzoh baking with a hand-held sickle. However, even harvesting the wheat by hand under these circumstances creates its own interesting shaylah. Poskim rule that when cutting grain for matzoh in a non-Jew’s field, one should preferably not cut the grain that he himself intends to use for mitzvas matzoh (see Sdei Chemed vol. 7 pg. 377). This is because of concern that the field might have been originally stolen, and thus the matzoh baked with wheat from this field might be considered stolen matzoh, which is invalid for matzos mitzvah. There is a complicated halachic reason why this concern does not exist when harvesting wheat for someone else to use.

The Water Requirements: Mayim Shelanu, Water That Remained Overnight

The Gemara states that all matzoh used on Pesach must be baked exclusively with water that remained overnight (Pesachim 42a). One should draw this water from a spring, well, or river during twilight (or immediately before) and leave it in a cool place for a minimum of one complete night to allow it to cool down (Shulchan Aruch, Orach Chayim 455:1 and commentaries). Maharil contends that it is preferred to draw the water the day before the baking, rather than draw water for several days in advance (quoted by Be’er Heiteiv, Orach Chayim 455:7). The water should not be drawn or stored in a metal vessel, since metal conducts heat and thus causes the water to become warm (Magen Avraham 455:9). In addition, the water should not be drawn or stored in a vessel that has been used previously to hold other liquids (Magen Avraham ibid.). The latter vessel is not to be used out of concern that some liquid may mix with the water, and this may cause the dough to rise faster than it would otherwise. Many contemporary poskim frown on the use of tap water for matzoh baking because of concern that the fluorine and other chemicals introduced into the water may cause the dough to rise faster (see Piskei Tshuvos 455:7).

It goes without saying that one may not use warm water for making matzos, nor may one work in a warm area (Pesachim 42a; Shulchan Aruch, Orach Chayim 455:2). It is important to note that the requirement for mayim shelanu is not only for the matzos eaten at the seder, but that all matzos eaten the entire Pesach must be baked exclusively with mayim shelanu.

The Manufacture of the Matzoh

There are many halachos implemented by Chazal to guarantee that the dough does not prematurely become chometz. For example, one must wait a day or two from when the wheat is ground until it is mixed with water (Shulchan Aruch, Orach Chayim 453:9). This is because of concern that the flour is still warm from the friction of the grinding, and will therefore leaven too quickly. One may not knead the matzoh dough in a place exposed to the sun or in a warm area. One must be very careful that the heat from the matzoh oven does not spread to the area where the dough is kneaded or where the dough remains until it is ready to be placed inside the oven (Shulchan Aruch, Orach Chayim 459). Thus, a matzoh factory must be set up such that the kneading area is close enough to the oven to bake the matzoh quickly, yet be far enough away that it is not heated up by the oven.

Eighteen Minutes

Our original question was: I have been told that if one is working on the dough constantly, it is not a concern if more than eighteen minutes elapses before the dough goes into the oven. On the other hand, I have also been told that one may not pause once one begins to work the dough out of concern that it will become chometz immediately. And I have also been told that the Gemara and Shulchan Aruch state that one cannot wait more than eighteen minutes after the water is added to the flour. Which of these statements is correct?” We now have enough background information to address this question.

As strange as this answer may seem, all the above statements are correct. Shulchan Aruch rules that one should not leave the dough for even a moment without working it, and that dough left for eighteen minutes without working it becomes chometz. Furthermore, Shulchan Aruch states that dough that became warm from kneading will become chometz immediately if it is left without being worked on (Orach Chayim 459:2). Although there are more lenient opinions as to whether the dough becomes chometz immediately, all opinions agree that one must not allow any unnecessary waiting without working on the dough (see Mishnah Berurah 459:18; Biur Halacha ad loc.; Chazon Ish, Orach Chayim 121:16). Thus, it is a much bigger concern that the dough is worked with constantly, than whether it actually took eighteen minutes from start to finish.

Machine Matzoh

Although the use of machine matzoh for Pesach has now become almost universally accepted, it is educational to understand the dispute that existed among nineteenth-century poskim over their use for Pesach. When the first factories began producing machine-made matzoh for Pesach use, many great poskim were vehemently opposed to using it on Pesach. Their opposition centered primarily over the following three issues:

1. The economic factor: There was a major concern that the introduction of the machine matzoh would seriously affect many Jewish poor who were gainfully employed by kneading and baking matzos. Although the problem of Jewish poor is unfortunately still with us, it is doubtful that the increased use of hand matzos would have significant impact on their plight.

2. The chometz factor: There were major concerns whether the factories were producing matzoh that met all halachic requirements. Among the concerns: Does all the dough get cleaned off the machinery, or is some dough stuck to the machinery that remains in place for more than eighteen minutes? Is the dough being worked constantly, or is it left to sit after it has begun to be worked?

In the contemporary world, a factory for baking matzos can be planned and constructed in a way that a very minimal amount of dough adheres to the equipment, and mashgichim can supervise that whatever dough is stuck can be removed swiftly. One who purchases machine-made matzoh is relying on the supervising agency or rabbi to guarantee that the operation is run in a proper fashion.

3. The lishmah factor: There is another issue involved in the manufacture of machine matzos – is this process considered lishmah? Does the intent of the person operating an electrically-powered machine and his supervising the production make the matzos lishmah? The same issue affects many other halachic questions, such as the spinning of tzitzis threads by machine, and the manufacture of leather for tefillin straps and batim (or parchment). There is much discussion and dispute about this issue raised in the poskim, and it is still disputed by contemporary authorities. (See Sdei Chemed Vol. 7 pgs. 396-398; Shu”t Maharsham 2:16; Chazon Ish, Orach Chayim 6:10 s.v. Venireh de’ein tzorech; Mikra’ei Kodesh, Pesach II pgs. 11-17.) It is primarily for this reason that many halachically-concerned people today who use machine-made matzoh on Pesach still use hand-made matzoh for the seder.

Problems that emerge during the baking:

There are two common problems that can occur while the matzoh is being baked: A matzoh that is kefula (folded) and one that is nefucha (swollen). A matzoh kefula is a matzoh folded in such a way that the area between the folds is not exposed directly to the flame or heat of the oven. This area between the folds does not bake properly and thus the entire matzoh becomes chometz-dik and must be discarded (Rema, Orach Chayim 461:5). A matzoh nefucha is a matzoh that swells up, usually because it was not perforated properly (Rema, Orach Chayim 461:5 and Taz). Thus, while baking, air is trapped inside the matzoh. The matzoh looks like it has a large bubble in it. If the swollen area is the size of a hazelnut the matzoh should not be used (Mishnah Berurah ad loc. #34).

To avoid discovering these problems on Yom Tov, it is a good idea to check one’s matzos before Yom Tov to be certain that none of the matzos are kefula or nefucha. I can personally attest to having found both among the matzos that I had intended to use for the Seder. One should also verify that the bakery separated challah from the matzos, or else be certain to separate challah before Yom Tov. Under these circumstances, it is not permitted to separate challah on Yom Tov or Shabbos.

Is there an advantage in eating only shmura matzoh the entire Pesach?

There are poskim who recommend eating only shmura matzoh the entire Yom Tov. There are two reasons cited for this practice. Some are concerned that once the grain ripens, it can become chometz even while still on the stalk. By eating only shmura matzoh, one avoids this concern since shmura wheat is harvested before it is fully ripe (Biur Halacha to 453:4, s.v. Tov). A second reason for the practice of eating only shmura is in order to fulfill the mitzvah of eating matzoh the entire Pesach. Although there is no requirement to eat matzoh after the seder night, one fulfills a mitzvah by eating matzoh the rest of Pesach (see Baal Hamaor, end of Pesachim). One should strive to fulfill this mitzvah with matzoh that is made lishmah from the time of harvesting. According to both approaches, this practice is only a chumra and not halachically required.

The halacha is that one can fulfill the mitzvah of matzoh only by eating matzoh that is your property. Thus, one cannot fulfill the mitzvah with stolen matzoh. Some have the practice of being certain that they have paid for their matzoh before Pesach in order to demonstrate that the matzoh is definitely theirs (based on Mishnah Berurah 454:15).

There is an interesting dispute between poskim whethera guest at someone else’s seder fulfills the mitzvah with matzoh that is the property of the host. Sfas Emes (Sukkah 35a, s.v. Bigemara asya) contends that fulfilling the mitzvah requires that one owns the matzoh that he is eating — enough that he could sell it. Therefore, a host must give to each of his guests their matzoh as a present or they have not fulfilled the mitzvah. However, the universally accepted practice is to follow the opinion of the Mishnah Berurah (454:15), who states that one fulfills the mitzvah with borrowed matzoh.

We should all be zocheh to eat our matzoh this year together with Korban Pesach in Yerushalayim.




Pesach Shaylos

Unfortunately, many of the questions in this article are not going to be germane this year. There are a number of articles on the laws of the Seder, chometz, kitniyos, Yom Tov, the mourning period of the omer, keeping the second day of Yom Tov and other aspects of Pesach available on this website.

This week’s article is somewhat different from what I usually send. It is a combination of an interview I once gave for Mishpacha magazine’s Advice Line column and various actual questions I have received and answered via e-mail. Obviously, the answers are much briefer than those I write for an article, and may not be thoroughly explained.

Paying (for) a Visit

Question: We are a young married couple with one child, and we live in Eretz Yisrael. My parents and my in-laws live in the States, about a 3-4 hour drive from each other. As Pesach approached and we discussed plans to visit them, it became clear that one set of parents would pay half the airfare for our trip, while the other set would not pay toward this expense. We decided that we still wanted to visit and would pay the other half ourselves. However, we are undecided where to stay and how to divide our time for Yom Tov. Please help.

Answer: One family is paying for half of your tickets; the other side is not contributing. To the best of my knowledge, there are no obvious halachic guidelines for such an issue; it falls into the category of the “fifth Shulchan Aruch” – what we usually call common sense and, hopefully, good judgment. I am therefore offering you my personal thoughts and judgment.

At first glance, it does seem fair for you to spend some more time with the side that is putting up money. However, several mitigating factors must be kept in mind:

First, I am assuming that the side that isn’t paying is not doing so because they are stingy, but, rather, because they simply do not have the wherewithal. This brings up an important question: Should a family be penalized for not having the financial resources with which another family has been blessed?

Second, it is probable that the parents with more resources come to visit in Eretz Yisrael on occasion, while the financially strapped family probably comes rarely, if at all. This means that if you don’t go visit them, you may never see them.

These factors point to the fact that you, as a couple, need to sit down and have an open, honest conversation about the issue and reach a decision together. Although such discussions are not easy, realize that the making of a strong marriage comes through working through sticky situations together as a unit.

Try to depersonalize the discussion and really focus on the points that the other person is making. Sometimes it is helpful for you each to “plead” the other side’s perspective. Let the spouse whose parents are paying enumerate why the Yom Tov should be split evenly, and let the one whose parents aren’t able to chip in list the reasons why one should spend more time visiting the parents who are paying. Keep speaking until you reach a decision with which you are both comfortable.

I wish you much hatzlacha.

Pesach Cleaning

To: Rabbi Kaganoff 

Subject: URGENT – cleaning toys, pens and more for Pesach

Question: I just organized the toys today, without wiping any of them down. I did not see any crumbs, and even if there were, they certainly would not be edible. But I understand that anything that has a chance of ending up on our table during Pesach must be washed in bleach.

Please explain. I have limited time, energy and finances, and I don’t have the luxury of being able to waste precious time and energy on things that are not necessary.

Answer: I do not know the source of this misinformation. It sounds like what you are doing is 100% fine.

Bedikas chometz

Question: We are renting out our apartment for Pesach and the renter needs only one of our four bedrooms. Are we required to do bedikas chometz in the three remaining rooms?

Answer: If you want to avoid doing bedikas chometz in the other rooms, you can “close them off” by putting signs on the doors that they are sold/rented to a non-Jew and, therefore, not checked for chometz. Ask the rav through whom you are doing your mechiras chometz to sell your chometz in these rooms on the 13th of Nisan.

Yom Tov Sheini in Israel Shaylah

Dear Rabbi Kaganoff,

We have been in Eretz Yisrael for four years, and still keep two days. Essentially, it is still clear to us that we will go back to the United States. But we have no location picked out, no timetable when we intend to return there, and, aside from a few small items in my parents’ and in-laws’ house, we really have nothing in the United States.

Inertia is powerful, and who knows how long we will really be here. I cannot see how staying in Israel will work out financially or practically, but if the economy in the U.S. really collapsed, then, definitely, I would stay.

I know what different poskim would tell me about keeping one or two days of Yom Tov, and I could easily ask the posek who would give me the answer I want. Am I mechuyav to go through the sugya and make my own conclusion? Do you think we ought to keep two days this Pesach?

Thanks a ton!

Answer: The Chazon Ish (Yoreh Deah 150:1) explains that, in a situation like this, one follows one’s rebbe (which he defines there); if one has no rebbe, one can be meikil in a case that is derabbanan, such as whether to keep two days Yom Tov or not.

Another Yom Tov Sheini in Israel Shaylah

Question: My mother and sister, who are not religious, live in the United States. They will be visiting us in Israel for all of Pesach. We keep one day of Yom Tov. How should I handle their second day of Yom Tov?

Answer: Don’t plan any family activities that require them to do melacha, but don’t say anything to them about their doing work. In other words, you need not actively try to keep them from doing melacha that day, but also don’t do anything that would cause them to do melacha, since most poskim hold that they are required to keep the second day Yom Tov.

Question: What should I do about a second Seder for them? (They would have no interest in it and would find it a burden.)

Answer: Do nothing. You are not required to make a Seder for them, and I do not see any gain from attempting to have them attend or make a Seder.

I would like to clarify the difference between planning a family activity and arranging a Seder for them. In the first case, you would be causing them to do something that is prohibited according to most authorities. In the second case, you are not causing them to do anything.

Yom Tov for an Israeli Who Is Outside of Israel Shaylah

Question: My elderly father, who is not observant, will be having surgery during Pesach, and I will therefore be visiting my parents in England over Yom Tov. Since I live in Israel, this is generating many questions:

1. Can I do laundry on Chol Hamoed for my parents, since they will be unable to do it for themselves?

Answer: Do all their laundry before Yom Tov, and see that they have everything that they need for the entire Yom Tov. If they do not have enough clothing, purchase those items – preferably before Yom Tov, but, if necessary, they can be purchased on Chol Hamoed.

2. What can I purchase on Chol Hamoed? Can I buy something that could wait until after Pesach, but my parents would prefer to have it sooner?

Answer: As a rule of thumb, if they will use it on Chol Hamoed or Yom Tov, you may buy it on Chol Hamoed.

3. I read your article about someone who lives in Israel not doing melacha on the second day of Yom Tov while in Chutz La’aretz. If my mother would like a second Seder, or wants to light candles for the second night of Yom Tov, am I allowed to do it for her? My mom lights Shabbos candles but not Yom Tov candles. Since it is Yom Tov for her, can I be motzi her?

Answer: You cannot be a shaliach (messenger) for her to perform these mitzvos because you are not required to observe them.

Question: What about my making Kiddush on the second night/day for them? 

Answer: Also not.

4. I will be bringing with me my nursing baby, who is a kohen, as is my husband. Since I do not know people where my parents live, it will be difficult for me to find a babysitter while I visit my dad after his surgery. May I bring my baby to the hospital?

Answer: Try to find a babysitter for him. If you cannot find a sitter and would be unable to visit your father, then bring the baby along. [This is allowed since there is a very small Jewish population in the city where your parents live. The halacha would be different in an area with a large Jewish population.]

Dental Cleaning on Chol Hamoed

Dear Rabbi Kaganoff, 

Hope this finds everyone well.

Is it permissible to go to the dentist for a cleaning on Chol Hamoed Pesach? The dentist now has a dental hygienist in the office only on Monday, Tuesday and Wednesday. I am at work on those days and can’t leave to go to the dentist.

Answer: One should not schedule this dental cleaning for Chol Hamoed.

Conclusion

Four mitzvos of the Torah are called os, a sign of Hashem’s special relationship with us: Bris Milah, Shabbos, Yom Tov (including Chol Hamoed) and Tefillin. Because Chol Hamoed is included in this very special category, Jews should treat Chol Hamoed with great respect. Indeed, the Gemara states that disregarding the sanctityof the Yomim Tovim, including Chol Hamoed, is like practicing idolatry (Pesachim 118a with Rashbam). Some commentators explain that this includes even someone who fails to serve special meals in honor of Chol Hamoed (Bartenura, Avos 3:11). By observing Chol Hamoed properly, we demonstrate that we recognize and appreciate this special relationship between Hashem and Klal Yisroel.




How Fast Must I Eat?

Pesach – The First Question Is:

“How quickly must I eat my matzoh on Pesach to be
able to bensch?”

Matzoh – The Second Question Is:

“How quickly must I eat my matzoh at the Seder to
fulfill the mitzvah?”

Maror – The Third Question Is:

“How quickly must I eat my maror at the Seder
to fulfill the mitzvah?”

Wine – The Fourth Question Is:

“How quickly must I drink the wine of the four kosos
at the Seder?”

Foreword:

In some households, there is a big rush to eat the matzoh as
quickly as possible, and similar pressure to eat the maror and drink the
four cups of wine at the Seder. This article will research how quickly
we must eat or drink mitzvah foods to fulfill the Torah’s requirements. Since
this is a vast topic, our article will be focused on some of its specific
aspects. Were we to attempt to cover more of the subtopics, we would be biting
off more than we can chew.

Introduction:

In several places, the Gemara states that shiurim,
the measurements that are a very important aspect of the halachos of the
Torah, are halacha leMoshe miSinai (Eruvin 4a; Sukkah 5a).
This means that when Moshe Rabbeinu was taught the Torah by Hashem,
he was taught the quantities necessary to fulfill the mitzvos, although
there is little or no allusion to these details in the written Torah. For
example, the halacha that one must eat at least a kezayis (an
olive-sized piece) of matzoh to fulfill the mitzvah is a halacha leMoshe
miSinai
(Brachos 37b; Rashi, Sukkah 42b).

Maror

The mitzvah to eat maror at the Seder is min
haTorah
only when there is also a korban Pesach. Until the time that
we are again able to offer the korban Pesach, which we pray will be in
time for this year, the mitzvah of eating maror is only a rabbinic
requirement. Notwithstanding the fact that the requirement to eat maror is
only miderabbanan, we are still required to eat a kezayis to
fulfill the mitzvah (Rosh, Pesachim 10:25).

How big is an olive?

As we are aware, Hashem created olives, like most
items, in different sizes. How big an olive is intended to fulfill the mitzvos?
The Mishnah states that it is an average-sized olive (Keilim
17:8). Of course, this may not help us, since we do not know what the Mishnah
considered to be “average-sized.” Among the acharonim, this became a
very hot topic, with some prominent authorities ruling that the olives
available in the contemporary world are considerably smaller than what was
considered an “average” olive of the days of Chazal (Tzelach,
Pesachim
116b). Although most authorities disagree with this approach,
accepted practice is to be stringent and follow this opinion, at least in
regard to fulfilling mitzvos min haTorah (see Shu”t Chasam
Sofer, Orach Chayim
1:127; Aruch Hashulchan, Orach Chayim 168:13, Yoreh
Deah
324:5, 6; Shi’urei Torah of Rav Avraham Chayim Na’eh 3, note
19). This explains why the amounts we find that many authorities mention for
the mitzvah of matzoh is much larger than the size of any olive that we have
ever encountered. Also, since most authorities rule this way only germane to mitzvos
that are min haTorah, this explains why the size of a kezayis for
the mitzvah of achilas matzoh is greater than it is for the mitzvah of koreich
or for bensching, which are not requirements min haTorah.

How much must I imbibe?

The mitzvah to drink four cups of wine at the Seder
is rabbinic in origin, and, therefore, by definition, was not taught at Sinai.
When Chazal instituted this mitzvah, they required that a person have a
cup that contains at least what they called a revi’is. (Most late
authorities calculate a revi’is to be a little more than three ounces,
but some feel that it is closer to five ounces or even a bit more. Because of
space constraints, we will not be able to discuss the details of this question.)
Regarding how much must be drunk, most authorities contend that it is
preferable to drink an entire revi’is, although all agree that someone
who drank most, but not all, of the revi’is has fulfilled the mitzvah.

Heavy drinker

What is the halacha if someone is using a cup that is
larger than a revi’is? Is it sufficient for him to drink most of a revi’is,
or must he drink most of the volume of the cup, even when that is more than a revi’is?
The rishonim discuss this issue, some contending that it is sufficient
to drink most of a revi’is, whereas the Ramban rules that he must
drink most of the contents of the cup that he is using (quoted by Beis
Yosef, Orach Chayim
472). To accommodate both opinions, the Magen
Avraham
advises that someone who cannot drink a lot of wine should use a
goblet that holds only the minimum amount of a revi’is.

Other mitzvos

Although the minimal amount for most mitzvos that
involve eating is a kezayis, this rule is not universal. Yom Kippur
is one example that is different, where the minimum amount to be culpable for
the Torah’s punishment of koreis is the eating of a koseves, the
size of a large date, which is considerably larger than an olive. Based on a
passage of Gemara, the rishonim conclude that a koseves is
slightly smaller than a kebeitzah, the size of an egg (Yoma 79b;
Shulchan Aruch Orach Chayim
612:1).

The Gemara (Yoma 73b) discusses whether it is
prohibited min haTorah to eat less than a koseves on Yom
Kippur
. The universally accepted conclusion is that it is prohibited min
haTorah
to eat or drink even a small amount on Yom Kippur, unless
the situation is life-threatening. The well-known concept called pachus
mikeshiur
, which permits eating less than a koseves or drinking an
amount smaller than the minimal shiur and then waiting several minutes
before eating or drinking again,is permitted only when fasting is
potentially life-threatening. The principle of pachus mikeshiur is that,
even when it is permitted for someone to eat on Yom Kippur, we are
required to minimize the level of the violation (Ran, based on Yoma
82b). In other words, in a situation in which it is dangerous for someone to
fast, he may eat or drink only the minimal amount that mitigates the life-threatening
emergency. If he can eat a very small amount and then wait to eat more, he may
not eat more, now.

Bensching

In parshas Eikev, where the Torah requires that we
recite a blessing after eating, it states, Ve’achalta vesavata uveirachta es
Hashem Elokecha
, “When you eat and are satisfied, you should bless Hashem,
your G-d.” The implication of the posuk is that the requirement to bensch
is only when someone ate enough to be fully satisfied, meaning that he ate a
full meal. Indeed, most halachic authorities rule that this is true min
haTorah
, and that the requirement to bensch when eating less than
this amount is only rabbinic.

The Gemara quotes a dispute among tanna’im how
much food requires the recital of birchas hamazon, and the conclusion is
that it is required whenever someone ate a kezayis, the same minimum
required for the mitzvos of matzoh and maror. Someone who ate
less than a kezayis of bread, whether it is leavened or not, is not
required to recite birkas hamazon, and, therefore, it is forbidden to
recite birkas hamazon if one ate less than a kezayis.

At this point, we can begin discussing the opening question
of today’s article: “How quickly must I eat my matzoh on Pesach to be
able to bensch?” In other words, is there a minimum amount of time
within which I must eat a kezayis of matzoh to be required to bensch?
This question introduces our next subtopic.

Term limits

Among the many measurements that the Oral Torah teaches is
the concept of kdei achilas pras. I will shortly explain what this term
means, but first I will explain the principle. Fulfilling the mitzvos of
eating matzoh and maror requires not only eating at least a kezayis,
but also that the kezayis be eaten within a minimal period of time.
Similarly, there is a requirement to bensch when eating at least a kezayis
of bread, but only when it is eaten within a minimal timeframe. The minimal
time limit required for all mitzvos germane to eating is to eat the
specified amount within a period of time called kdei achilas pras (see Pesochim
114b).

Literally, kdei achilas pras means as much time as it
takes to eat half a loaf of bread. This is, of course, meaningless, unless we
know the size of the loaf, what type of bread it is, who is eating it, and
under what circumstances. How big a loaf is the subject of a dispute among the tanna’im,
and how we rule in this dispute is, itself, disputed by the most prominent of rishonim:
The Rambam’s opinion is that kdei achilas pras is the amount of time
it takes to eat white bread the size of three eggs (Hilchos Shevisas Asor 2:4;
Hilchos Chometz Umatzoh 1:6; Hilchos Ma’achalos Asuros 14:8; see
also Chazon Ish, Orach Chayim 39:18), whereas Rashi (Brachos 37b;
Pesochim 44a; Avodah Zarah 67a) concludes that it is the amount
of time it takes to eat white bread the size of four eggs. We will discuss
shortly how we measure this in minutes, but it does mean that whatever the
timeframe is according to the Rambam, Rashi holds that it is one
third longer.

The time limit of kdei achilas pras applies not only
to mitzvos but also to prohibitions. For example, there are Torah
prohibitions against eating non-kosher species, or against eating blood or cheilev,
certain fats. Although it is prohibited min haTorah to eat any amount of
these substances, the punishments that the Torah describes are only when
someone eats a kezayis of these prohibited foods within kdei achilas
pras
.

The Shulchan Aruch quotes the dispute between Rashi
and the Rambam without making a decision which approach we should
follow. For this reason, the consensus of the subsequent authorities is that we
should always be stringent, at least when we are dealing with a de’oraysa
case.

Individualism

Does the size of kdei achilas pras depend on how quickly
this individual eats, or does it depend on how long it takes most people to
eat? Germane to the law of consuming pachus mikeshiur on Yom Kippur,
where we are trying to determine how long a person must wait between eating
minimal portions of food, the Mishnah Berurah (618:21) states that this
is contingent on how long it takes the person in question to eat bread the size
of four eggs. However, the Mishnah Berurah then quotes the Chasam
Sofer,
who rules that someone eating pachus mikeshiur on Yom
Kippur
should allow at least nine minutes between one eating and the next.
This ruling of an objective time figure assumes that the time of kdei
achilas pras
is dependent not on the individual, but is a standard
measurement. The latter approach is what many later authorities conclude (Chazon
Ish, Orach Chayim
39:18; Shi’urei Torah 3:13 and others). Because of
questions germane to the Mishnah Berurah’s statement on this issue, some
prominent later authorities conclude that the Mishnah Berurah himself
did not mean that kdei achilas pras is dependent on the individual; he
also agrees that kdei achilas pras is dependent on an “average” person,
whatever that term means.

Kdei achilas pras

How many minutes constitute the time that we call kdei
achilas pras
? This question is discussed by the acharonim, with a
wide range of opinions. Since the different approaches are based more on
conjecture than on absolute proof, most authorities rule that we should follow
a much longer amount of time when it is a chumra, such as on Yom Kippur,
when we are gauging how to space the food in a way that mitigates the
prohibition, whereas on Pesach night we should follow a much shorter
amount of time, since we are deciding the minimum amount of time in which to
eat the kezayis of matzoh.

I mentioned above the ruling of the Chasam Sofer that
kdei achilas pras is nine minutes, which is the longest opinion of which
I am aware. The Maharam Shik, a proud disciple of the Chasam Sofer,
explains that this calculation should really be eight minutes, but that the Chasam
Sofer
added an extra minute to be on the safe side (Shu”t Maharam Shik,
Orach Chayim
#263). The Bikurei Yaakov,a prominent work on
the laws of sukkah written by Rav Yaakov Ettlinger, the author of the
classics Aruch Laneir and Binyan Tziyon, holds that it is
sufficient to wait only 7.5 minutes. To quote him in context: “It is forbidden
to eat more than a kebeitzah outside the sukkah… however it seems
to me that this is only when he ate it within kdei achilas pras, which
is approximately 1/8 of an hour” (Bikurei Yaakov 639:13). One eighth of
an hour is seven and a half minutes; however, the Aruch Laneir does not
tell us how he arrived at that figure. The Aruch Hashulchan (Orach
Chayim
618:14) is more lenient than any of the opinions we have quoted so
far, ruling that kdei achilas pras in regard to someone who is eating on
Yom Kippur pachus mikeshiur is “six or seven” minutes.

Kezayis and matzoh

Thus far, we have been estimating kdei achilas pras
when a longer period of time is a chumra, as it is germane to pachus
mikeshiur
on Yom Kippur and eating outside of the sukkah.
However, in our opening questions regarding the minimum time within which we
must eat our kezeisim of matzoh and maror on Pesach, the
shorter period of time for kdei achilas pras is the chumra. There
are a few opinions that contend that the amount of time within which to eat a kezayis
of matzoh is less than three minutes. For example, the Marcheshes (Orach
Chayim
1:14:6) rules that the minimum time within which it is required to
eat a kezayis of matzoh is 2.7 minutes. Because of considerations beyond
the scope of this article, Rav Avraham Chayim Na’eh (Shi’urei Torah
3:15) writes that this is too short a time. In a very lengthy essay, he
discusses many opinions and analyzes their sources. He concludes that one
should try to follow the most stringent approach, but he rejects those who
consider kdei achilas pras to be less than four minutes. Therefore, he
concludes that one should try to eat the first kezayis of matzoh within
four minutes, but for pachus mikeshiur on Yom Kippur, one should
assume that the time of kdei achilas pras is nine minutes.

However, other authorities rule that one should be stricter
regarding the timeframe within which to eat the kezayis of matzoh and
perhaps even other mitzvos. The Aruch Hashulchan (202:8)
concludes that kdei achilas pras for these purposes should be calculated
at “three or four minutes,” being more stringent than Rav Avraham Chayim Na’eh.
Rav Moshe Feinstein concludes that one should eat the kezayis of matzoh
within three minutes. He rules this way even regarding rabbinic laws,
concluding that bensching requires eating a kezayis of bread
within less than three minutes (Shu”t Igros Moshe, Orach Chayim 4:41
s.v. Al kal panim).

Thus, we can now answer the second and third of our opening
questions: “How quickly must I eat my matzoh at the Seder to fulfill the
mitzvah?” and “How quickly must I eat my maror at the Seder to fulfill
the mitzvah?”  Since the mitzvah of matzoh is min haTorah,
according to Rav Na’eh, one should try to complete it within four minutes.

Food versus beverage

At this point, we will address the last of our four opening
questions:

“How quickly must I drink the wine of the four kosos
at the Seder?”

Until now, we have been discussing kdei achilas pras.
To the best of my knowledge, this is universally accepted as the minimal
timeframe for all mitzvos that involve eating. However, whether this is
the minimal time for drinking of beverages is a dispute among the rishonim.
The Maharitz Gei’us, one of the early Spanish rishonim (he was
the Rif’s predecessor as the rav of Lucena, Spain), and the Rambam
rule that the minimal time limit for drinking is the amount of time it takes to
drink a revi’is, which, according to the Aruch Hashulchan,
is perhaps as short as a minute (see Orach Chayim 202:8). (Some
authorities rule that the amount of time to drink a revi’is is shorter.)
On the other hand, other halachic authorities, including the Ra’avad (Hilchos
Terumos
10:3), the Ran (Yoma) and the Gra (Orach
Chayim
612:10), rule that the minimum timeframe for beverages is kdei
achilas pras
, the same as it is for foods. This dispute has major
ramifications for many halachos, including what is the minimum time
allowed to drink each of the four cups of wine.

How do we rule?

The Shulchan Aruch (Orach Chayim 612:10), in
the laws of Yom Kippur, rules that the primary opinion is that the
minimal timeframe for beverages is the time it takes to drink a revi’is, although
he also mentions the approach that the timeframe is kdei achilas pras.
Many late authorities assume that it remains unresolved whether the requirement
for drinking the wine at the Seder is the very short amount of time it
takes to drink a revi’is or the considerably longer time of kdei
achilas pras
, and, therefore, it is best to drink each of the four kosos
without interruption, to accommodate the stricter approach.

Conclusion

As Rav Hirsch proves, the Bnei Yisroel were taught
the details of the oral Torah years before we were given the finished written
Torah, which we first received shortly before or shortly after Moshe
Rabbeinu’s
passing, depending on two opinions in the Gemara. Moshe
taught us the oral Torah, including the shiurim of mitzvos throughout
the forty years in the Desert. Thus, we see the importance of being careful
with the details of these laws, even though they are not mentioned in the
written Torah.




What Is the Brocha?

On Pesach, shaylos always come up regarding which
brochos we should recite before eating matzoh brei, matzoh meal cakes
and similar foods. The truth is that similar questions revolve around which brochos
we should recite on foods such as French toast, English muffins, kishka
and kneidlach.

Question: When I eat matzoh brei, I have been
making the brachos of mezonos and al hamichyah on it. Now someone
told me that I should wash and make hamotzi on some bread or matzoh
instead. Is this true?

Question: The chef in our yeshiva stuffs the meatloaf with
huge pieces of leftover challah. Do we need to wash netilas yadayim and
make hamotzi before eating it?

Question: I have been told that the brocha on
licorice is shehakol, even though the first ingredient listed on its
label is flour. Why is this?

In the article Pizza, Pretzels and Pastry, we discuss the unusual halachic category called pas haba’ah bekisnin, and found that crackers, pretzels, and certain pastry-type items require the brocha of mezonos before eating them and al hamichyah afterward, unless they are eaten as a meal, in which case they require netilas yadayim, hamotzi, and bensching. (Please refer to that article for details of this complicated halacha.) However, there are numerous other foods prepared with flour that are not typical bread. In order to explore which brocha one recites on these foods, we will start our discussion with items made from bread that is then cooked or fried.

FRENCH TOAST

Although the words “French toast” were unknown in the times
of Chazal, the Gemara (Brachos 37b) discusses which brocha
to recite on chavitza, a dish that contains cooked pieces of bread. The Gemara
rules that if the pieces are the size of a kezayis (the volume of an
olive – for our purposes, we will assume this to be about one fluid ounce), the
brocha before is hamotzi and it requires bensching afterward.
This is because a large piece of bread does not lose its significance even if
it is cooked or fried. However, if all of the pieces are smaller than a kezayis,
the brocha is mezonos before and al hamichyah afterward.
If some of the pieces are larger than a kezayis and others smaller, then
one recites hamotzi as long as one piece is at least the size of a kezayis
(Mishnah Berurah 168:53).

Based on this Gemara, we conclude that one must wash netilas
yadayim
and recite hamotzi before eating French toast, and bensch
afterward, since the pieces are at least a kezayis (Shulchan Aruch,
Orach Chayim
168:10).

WHICH BROCHA DOES ONE MAKE ON KNEIDLACH?

Kneidlach are made from ground matzoh that is mixed
to form a new dough and then cooked. Most poskim rule that since the
matzoh is ground into small pieces before it is cooked, the brochabrachos are
mezonos and al hamichyah even if one eats a very large amount.
Another opinion contends that if the pieces of matzoh meal are shaped into
balls larger than a kezayis before they are cooked, their brocha
is hamotzi (Magen Avraham 168:28). The accepted psak is to
make a mezonos and al hamichyah on kneidlach (Mishnah
Berurah
168:59).

This leads us to an unusual shaylah I was once asked:

YESHIVA MEATLOAF DELUXE

A yeshiva bachur once asked me whether one should
make hamotzi on the meatloaf served at his yeshiva. I thought he was
attempting to draw attention to the quality of the cuisine, but indeed, he was
asking a serious shaylah. It turned out that the cook in his yeshiva
would stuff large pieces of leftover challah into the meatloaf.

This is an unusual situation. Many people include matzoh
meal or bread crumbs in their meatloaf, but these lose their importance in the
finished product. However, Yeshiva Meatloaf Deluxe included pieces of challahfar larger than a kezayis. As we mentioned above, pieces of bread
this size do not lose their status as bread. Thus, as strange as it might seem,
one is required to wash al netilas yadayim before eating this
meatloaf, and its correct brachos are hamotzi before and bensching
afterward.

This situation was unusual for an additional reason – people
usually soak challah or bread until it falls apart before adding it to a kugel
or meatloaf. However, Yeshiva Meatloaf Deluxe calls for bread that is only
moistened before being adding to the meatloaf, but does not fall apart.

BAKING AND SAUTÉING (frying in a small amount of oil)

On Pesach, my wife makes an item she refers to as “matzoh
rolls,” which involves mixing matzoh meal together with oil and eggs, forming
“rolls” and baking them. Although they are prepared from matzoh meal, the brocha
on these items is hamotzi since the dough is subsequently baked rather
than cooked and the finished product is very much similar to a type of bread,
albeit Pesach-dik.

Similarly, if someone made matzoh rolls by sautéing the
dough in a little oil (just enough so that the dough does not burn) the
completed product should be treated as bread for all halachos (Mishnah
Berurah
168:69). Thus, a matzoh kugel made on the top of the stove
would be hamotzi, even if the pieces are smaller than a kezayis.

FRYING VS. COOKING – THE MATZOH BREI SAGA

Thus far, we have learned that one recites hamotzi on
large pieces of bread even if they were subsequently cooked or fried, and that
small pieces lose their status as bread when they are cooked. However, some poskim
contend that frying small pieces of bread does not change their status and
they still require netilas yadayim and hamotzi (Magen Avraham
168:39). According to this opinion, matzoh brei requires netilas
yadayim
, hamotzi and bensching. Other poskim disagree,
contending that fried small pieces of bread lose their status as bread just
like cooked pieces (see Mishnah Berurah 168:56). These poskim
contend that one recites mezonos and al hamichyah on matzoh
brei
unless at least one of the pieces is the size of a kezayis. The
Mishnah Berurah concludes that the halacha is uncertain, and one
should avoid this problem by eating these items within a meal. Thus, an
Ashkenazi should not eat matzoh brei without washing and making hamotzi
on a piece of matzoh first. However, if at least one of the pieces if is the
size of a kezayis, the matzoh brei requires netilas yadayim,
hamotzi and bensching.

Sefardim recite mezonos before matzoh, except on
Pesach, unless they eat more than four kebeitzim of matzoh. During
Pesach they follow the same rules that I mentioned above for Ashkenazim. During
the rest of the year, Sefardim recite mezonos before eating matzoh
brei
and al hamichyah afterward, and they need not eat it within a
meal. However, a Sefardi who ate four kebeitzim of matzoh brei
would be faced with the same concern mentioned above and should wash netilas
yadayim
and make hamotzi on some bread.

According to all opinions, deep frying small pieces of bread
or matzoh is the same as cooking, since the oil completely covers the food.
Thus, the correct brocha on deep-fried matzoh-meal latkes is mezonos
and al hamichyah (Mishnah Berurah 168:59).

CROUTONS

Commercial croutons are produced by either frying or
toasting small pieces of seasoned bread. If they are deep fried, then the brocha
is mezonos and al hamichyah. If they are fried or toasted, then
they are pas haba’ah bekisnin (requiring mezonos when eaten as a
snack and hamotzi when eaten as a meal).

Homemade croutons toasted from leftover bread are hamotzi.
Deep-fried, they are mezonos, and fried they are subject to the same shaylah
mentioned above as to whether they are hamotzi or mezonos, and
should therefore be eaten after making hamotzi on bread.

CHALLAH KUGEL

Most people make challah kugel (or matzoh kugel)
by soaking the challah or matzoh, then mixing it with other ingredients and baking
it. When the challah or matzoh disintegrates into mush before it is mixed with
the other ingredients, the resulting kugel has the halachic
status of pas haba’ah bekisninbrocha (mezonos when eaten as a
snack and hamotzi when eaten as a meal).

Sometimes the challah remains in small pieces; this is often
the case when making a matzoh kugel. When this is the case, the
resulting kugel must be treated as bread, requiring netilas yadayim
and hamotzi, as we pointed out earlier concerning baked goods. Since the
halacha here depends on some complicated halachic details, it is
better in this case to make hamotzi on a piece of matzoh or bread first.

MATZOH LASAGNA

A guest arrived at someone’s house and was served a portion
of matzoh lasagna. In this particular recipe, the matzoh was soaked, mixed with
meat and other ingredients, and then baked.

I now ask you, dear reader: Must they wash netilas
yadayim
and which brocha should they recite?

We can answer this question only after ascertaining whether
there are noticeable pieces of matzoh in the lasagna. If there are noticeable
pieces, even if they are small, the guest should wash netilas yadayim
and make hamotzi on matzoh or bread before eating the lasagna kugel.
If the matzoh all turned to mush, the lasagna should probably be treated as pas
haba’ah bekisnin
, and would require borei minei mezonos on a snack
size, but would be hamotzi and require bensching if eaten as a
meal. The exact definition of a meal for these purposes is discussed in our
article on pas haba’ah bekisnin.

PANCAKES, BLINTZES AND CREPES

These items are all made from a batter rather than dough and
then baked in a pan, form or griddle. Since they never have a bread-like
appearance, they are always mezonos and al hamichyah. This is
true even if one eats a large amount, since they are considered neither bread
nor pas haba’ah bekisnin. Thus, one can have an entire, very satiating
meal of pancakes or blintzes without washing netilas yadayim, and one
recites the brocha of al hamichyah afterward.

WAFFLES, WAFERS, ICE CREAM CONES

These items are also made from a batter, but in this case
the batter is poured into a mold or waffle iron that bakes it into its final
shape. Although these items have a slightly more bread-like appearance than
pancakes and blintzes, without the mold, these items would never have a
bread-like shape, and they do not have a tzuras hapas (bread-like
appearance) even after being baked. Therefore, they are not considered pas
haba’ah bekisnin
but rather regular mezonos. As a result, they do
not require netilas yadayim, and the brachos are mezonos
and al hamichyah even if one made a full meal out of them. Thus, one can
enjoy as many wafers as one wants and recite al hamichyah when finished
eating.

ENGLISH MUFFINS

Most English muffins have a consistency noticeably different
from regular bread, and therefore are pas haba’ah bekisnin. However, an
English muffin whose inside tastes like bread should be treated as bread.

KISHKA AND LICORICE

Although these are two very different foods, the halachic
discussion that involves them is similar.

The Gemara (Berachos 37b and 36b) discusses a
food called rihata, which was made of flour, oil and honey cooked or
stirred together in a pot until they hardened. The Gemara cites a
dispute whether the brocha is mezonos, because of the general halachic
importance of flour; or shehakol, because the main taste comes from the
honey. We rule that the brocha is mezonos because flour is usually
considered the main ingredient of a food, unless the flour is there only to
hold it together. Whenever the flour is added to provide taste, the brocha
is mezonos, even if the main taste comes from the honey.

Kishka has the same halacha as rihata.
Although the main taste comes from the other ingredients, the flour certainly
adds taste as well.

Although licorice contains a significant amount of flour,
the flour is included only to give licorice its shape, and not to add anything
to the taste or to make it more filling. Therefore, the brocha on
licorice is shehakol (Shulchan Aruch, Orach Chayim 208:2 and Mishnah
Berurah
ad loc.).

According to the Gemara (Bava Kama 30a),
someone who desires to become exemplary in his behavior should toil in understanding
the laws of brochos. By investing energy into understanding the details
of how we praise Hashem, we realize the importance of each aspect of
that praise and how we must recognize that everything we have is a gift from Hashem.
Furthermore, when reciting the proper brocha, one is acquiring the item
from Hashem in the proper way. Pas haba’ah bekisnin functions in
two different ways, sometimes as our main sustenance and most of the time as a
pleasant snack. Reciting the correct brocha focuses our understanding on
the appropriate praise for Hashem at the correct moment.




Indigestible Matzos, or Performing Mitzvos When Suffering from Food Allergies

This week is Shabbos Rosh Chodesh and also Parshah Hachodesh, which discusses both the mitzvah of creating the calendar and the mitzvah of korban Pesach. Over the years, I have discussed these topics many times, and I have also written articles on some of the unique features of Shabbos Rosh Chodesh. These articles can all be found on this website. For those wanting to read up on the many topics germane to Pesach, the website also contains a variety of articles, which can be found by using the search words matzoh, Pesach, wine, kitniyos, sefiras ha’omer, hallel, yom tov, chol hamoed, or eruv tavshillin.

Question #1: I have acid reflux; as a result, I never drink any alcohol since it gives me severe heartburn. I also have difficulty tolerating grape juice, which does not agree with me. Am I required to drink either wine or grape juice for the four cups at the Seder?

Question #2: My body is intolerant of gluten. Am I required to eat matzoh on Pesach, and if so, how much?”

Question #3: How far must one go to fulfill the mitzvah of maror if the only variety available is horseradish?

Consuming matzoh, maror,
wine or grape juice is uncomfortable for many people, for a variety of reasons.
Consumption of these foods may exacerbate certain medical conditions, such as
allergies, diabetes, celiac disease, Crohn’s disease, irritable bowel syndrome
and reflux. To what extent must someone afflicted by these conditions extend
him/herself to fulfill these mitzvos? Does it make a difference if the
mitzvah is required min haTorah, such as matzoh, or only miderabbanan,
such as arba kosos, the mitzvah of drinking the four cups of wine at the
Seder. (Similarly, the mitzvah of maror is required today only miderabbanan,
since the Torah requires eating maror only when we offer the korban
pesach.
)

PIKUACH NEFESH

One is never required
to perform a positive mitzvah when there is a potential threat to one’s life.
Quite the contrary, it is forbidden to carry out any mitzvah whose performance
may be life- threatening. Therefore, someone who has a potentially
life-threatening allergy or sensitivity to grain may not consume matzoh or any
other grain product – ever — and this prohibition applies fully on Seder night.

NOT DANGEROUS, BUT
UNPLEASANT

However, must one
observe these mitzvos when the situation is not life threatening,
but is painful or affects one’s wellbeing? Must one always fulfill the
mitzvah, even though doing so is extremely uncomfortable or makes one unwell?

RABBI YEHUDAH’S
HEADACHE

The Gemara reports
that the great Tanna Rabbi Yehudah, who is quoted hundreds of times in
the Mishnah and Gemara, suffered from the consumption of wine.
The Gemara records the following anecdote:

Rabbi Yehudah
looked so happy that a Roman woman accused him of being inebriated. He
responded that he is a teetotaler, “Trust me that I taste wine only for
kiddush, havdalah and the four cups of Pesach. Furthermore, after drinking four
cups of wine at the Seder, I have a splitting headache that lasts until
Shavuos”
(see Nedarim 49b).

This passage implies
that one is required to undergo a great deal of discomfort to fulfill even a
mitzvah that is rabbinic in origin, and certainly a Torah-required law, such as
consuming matzoh on Pesach. Based on this anecdote, the Rashba (Shu”t
1:238) requires someone who avoids wine because he despises its taste or
because it harms him (“mazik”) to drink the four cups; this conclusion
is quoted definitively in Shulchan Aruch (Orach Chayim 472:10).
Thus, one might conclude that one must fulfill arba kosos in any
non-life-threatening situation, even when the consequences are unpleasant.

However, several
authorities sanction abstaining from arba kosos under certain
extenuating, but not life-threatening, circumstances, even though they also
accept the ruling of the Shulchan Aruch! For example, the Aruch
HaShulchan
(472:14) permits someone who is ill to refrain from consuming
the four cups on Seder night, and the Mishnah Berurah rules
similarly (472:35). They explain that the harmone must experience to
fulfill the mitzvah does not include physical harm, but is limited to
discomfort or moderate pain.

DERECH CHEIRUS

In Shaar HaTziyun, the
Mishnah Berurah explains why he permits refraining from arba
kosos
under such circumstances: Becoming bedridden because one consumed arba
kosos
is not derech cheirus, which I will translate as demonstrating
freedom
. His reference to derech cheirus alludes to the following Gemara:

One who drinks the
wine undiluted has fulfilled the requirement of arba kosos, but he did not
fulfill the requirement of demonstrating freedom
(Pesachim 108b).

What does this Gemara
mean? Why does drinking one’s wine straight not fulfill this mitzvah called demonstrating
freedom
?

The wine of the Gemara’s
era required one to dilute it before drinking. Imbibing it straight was not
the normal method of drinking and, therefore, would not demonstrate the freedom
that the Seder emphasizes.

The Mishnah Berurah
contends that a mitzvah whose purpose is to demonstrate that we are freemen
cannot require becoming bedridden as a result. Although a potential massive
headache, such as what affected Rabbi Yehudah, does not exempt one from the
mitzvah, becoming bedridden is qualitatively worse. The Aruch HaShulchan rules
similarly, although he omits the reasoning of derech cheirus and simply
assumes that the mitzvah does not apply under these circumstances.

(There may be a
difference of opinion between the Mishnah Berurah and the Aruch
HaShulchan
germane to mitzvas maror. The Mishnah Berurah’s
reason of derech cheirus applies only to the arba kosos, and
therefore he might hold that one must eat maror even if he becomes
bedridden as a result. However, the Aruch HaShulchan’s ruling may apply
to any rabbinic mitzvah, and thus permit someone who would become ill from
eating maror to abstain from performing this mitzvah.)

ALCOHOLIC CONTENT

Let us assume that our
patient could drink grape juice without any ill result, but may have some
difficulty with wine. Is there a requirement for him/her to drink wine?

The Gemara states
that “One may squeeze a cluster of grapes and then immediately recite Kiddush
over it” (Bava Basra 97b). Obviously, this grape juice has no alcoholic
content, and yet it is acceptable for Kiddush.

However, the Gemara’s
ruling that someone who drank the arba kosos without dilution does not
fulfill cheirus implies that the Seder mitzvah requires a wine
with alcoholic content, and therefore grape juice does not perform this aspect
of the mitzvah. Nevertheless, someone who cannot have any alcohol may fulfill
the mitzvah of arba kosos with grape juice (Shu”t Shevet HaLevi 9:58).

DILUTING WINE

Is it better for
someone to dilute their wine with water, rather than drink grape juice?

Some authorities
contend that one fulfills the concept of cheirus as long as one can
detect alcoholic content, even though the wine is diluted. However, before
diluting our wine with water, contact the manufacturer or the hechsher,
since some wines are already diluted to the maximum halachically
allowable that one can and still recite over it hagafen. The Pri
Megadim
(Eishel Avraham 204:16) rules that although Chazal diluted
their wine significantly (Shabbos 77a), our wine is very weak and should
be diluted only moderately. He contends that if one adds more water than wine
the bracha becomes shehakol; one can certainly not use this wine
for Kiddush or arba kosos. The Aruch HaShulchan (204:14)
rules even more strictly, that any added water renders our wines shehakol
and invalidates them for Kiddush or arba kosos. I suspect
that this was not a dispute, but a reflection of the quality of the wine
available; the wine available to the Pri Megadim could be diluted
without ruining it, as long as there was more wine than water, whereas that
available to the Aruch HaShulchan was easily ruined.

On the other hand,
diluting wine with grape juice does not jeopardize the bracha, and, if
the alcohol content is still noticeable, one will fulfill the concept of cheirus.

ARBA KOSOS SUBSTITUTES

If someone cannot
drink four cups of wine or grape juice, should they simply not drink anything
for the arba kosos?

The Mishnah Berurah
rules that one may substitute chamar medinah, literally, the
national “wine
.” This follows a ruling of the Rama (483) that
someone who has no available wine may fulfill the mitzvah of arba kosos with
chamar medinah.

Exactly what chamar
medinah
includes is beyond the scope of this article. For our purposes, I
will simply note that there is much discussion about this matter, some rabbonim
holding that tea or coffee qualifies, others contending that it must be
alcoholic and still others maintaining that most places today have no chamar
medinah
.

SOME PRACTICAL
SUGGESTIONS

Thus far, we have
concluded that someone who becomes ill enough to be bedridden may not be
obligated in arba kosos, but someone who finds drinking four cups of
wine or grape juice uncomfortable and even painful, but does not become
bedridden as a result, is required to drink them. However, note that sometimes
one may be lenient and use a smaller cup and drink a smaller proportion of its
wine than we would usually permit. These are matters to discuss with one’s rav.

WHAT ABOUT MATZOH?

Our second question
above read: “My body is intolerant of gluten. Am I required to eat matzoh on
Pesach, and if so, how much?”

Our previous
discussion only explained the rules pursuant to drinking the four cups of wine,
which is a rabbinic mitzvah. Does any leniency exist to exempt someone from
eating matzoh Seder night, in non-life-threatening situations? Granted one is
certainly not required or permitted to eat matzoh if doing so may be
life-threatening; but if the results are simply discomfort, to what degree must
one extend oneself to observe a positive mitzvah min hatorah?

The Binyan Shelomoh
(#47), a nineteenth century work authored by Rav Shelomoh of Vilna, the city’s halachic
authority at the time, discusses this very issue. (Out of deference to the
Vilna Gaon, the Jewish community of Vilna appointed no one to the title of rav
from the passing of the Gaon, until the government required them to do so,
in the era of Rav Chayim Ozer Grodzenski, over a hundred and twenty years
later.) In a lengthy responsum, The Binyan Shelomoh establishes how far
someone who is ill must go to eat matzoh, when there is nothing
life-threatening. He based his analysis on the following law:

Chazal prohibited spending more than one fifth of one’s money to
fulfill a positive mitzvah (Rambam, Hilchos Arachin 8:13, based on Gemara
Kesubos
50a. See also Rambam’s Peirush HaMishnayos Pei’ah 1:1).

The Binyan Shelomoh
reasons that since maintaining good health is more important to most people
than spending a fifth of one’s money, one is exempt from performing a mitzvah
that will impair one’s health, even when there is no risk to one’s life. (We
find other authorities who derive similar laws from this halacha. See
for example, Shu”t Avnei Nezer, Yoreh Deah #321; Shu”t Igros Moshe,
Even HaEzer
1:57). The Binyan Shelomoh applies this rule to all mitzvos:
One is exempt from observing any mitzvah, if fulfilling it will seriously
impair one’s health. Furthermore, one could conclude that, if fulfilling a
mitzvah causes such intense discomfort that one would part with one fifth of
one’s financial resources to avoid this pain, one may forgo the mitzvah.

According to the Binyan
Shelomoh
, if this law is true regarding matzoh, it will certainly hold true
regarding arba kosos and maror, which are only rabbinic
requirements. Thus, someone who will not be bedridden as a result of consuming arba
kosos
or maror, but whose health will be severely impaired as a
result of this consumption is absolved from fulfilling this mitzvah, as will
someone to whom the consumption is so unpleasant that he would gladly part with
one fifth of his earthly possessions to avoid this situation.

DIFFERENCE BETWEEN
MATZOH AND WINE

If we assume that the Mishnah
Berurah accepts the Binyan Shelomoh’s approach and vice versa, we
would reach the following conclusion:

MATZOH:

Someone whose health
will be severely impaired is not required to eat matzoh on Pesach, even if no
life-threatening emergency results.

ARBA KOSOS:

Aside from the above
leniency regarding matzoh, there is an additional leniency regarding the arba
kosos
.Someone who will become sick enough that he will be bedridden
is absolved from drinking four cups at the Seder, even though it will not result
in any permanent health problems. However, it is unclear whether this latter
leniency extends also to the rabbinic mitzvah of maror.

NON-WHEAT FLOURS

In the last few years,
matzoh for Pesach produced from either spelt or oat flour has become available.
For a variety of reasons beyond the scope of this article, only someone who may
not eat regular matzoh should eat these matzohs on Pesach. However, someone who
is absolved from eating matzoh on Pesach according to the above-mentioned
definition, but who can eat either of these varieties of matzoh, should eat
them to fulfill the mitzvah on the first night of Pesach. Someone who can
tolerate both spelt and oat matzoh should eat spelt.

Regarding this topic, the following responsum by the great nineteenth century authority, the Maharam
Shik
(Shu”t #260) is of interest.
Someone for whom eating matzoh or maror was potentially life-threatening
insisted on eating them at the Seder, against the halacha. The Maharam
Shik was asked whether this person should recite the bracha al
achilas matzoh
before eating the matzoh and al achilas maror before
eating the maror!

The Maharam Shik
responded that he is uncertain whether the patient may recite any bracha
at all before eating the matzoh and the maror, even the bracha of
hamotzi
! His reason is that consuming harmful food is not considered
eating, but is considered damaging oneself, and one does not recite a bracha
prior to inflicting self-harm! The Maharam then questions his
supposition, demonstrating that someone who overeats recites a bracha, even
though he is clearly damaging himself. He therefore concludes that one does not
recite a bracha when eating something that causes immediate damage.
However, when eating something where the damage is not immediate, reciting a bracha
before eating is required.

Pursuant to the
original shaylah whether one recites al achilas matzoh before
eating the matzoh and al achilas maror before eating the maror,
the Maharam Shik concludes that one should not recite
these brachos in this situation. Since the patient is not permitted to
eat matzoh and maror which is dangerous to his life, he is not
performing a mitzvah when eating them, but a sin of ignoring the proper care
his body requires, and one does not recite a bracha prior to transgressing.

In conclusion, anyone
to whom these shaylos are, unfortunately, relevant should discuss them
with his/her rav. We found that the Shulchan Aruch rules that one
is required to fulfill arba kosos, even if one will suffer a severe
headache as a result, and certainly if one despises the taste. However, should
one become bedridden as a result or suffer severe health consequences, there
are authorities who permit forgoing drinking wine or grape juice and
substituting a different beverage that qualifies as chamar medinah.
Similarly, there are authorities who permit forgoing consuming matzoh at the
Seder if one would suffer severe health consequences as a result — even if the
situation is not life-threatening.

Although not everyone
may be able to fulfill the mitzvos of eating matzoh, maror, and arba
kosos
, hopefully, all will be able to discuss the miracles that Hashem
performed when removing us from Egypt. In the merit of joyously performing the mitzvos
of Seder night, may we soon see the return of the Divine Presence to
Yerushalayim, the rededication of the Beis HaMikdash, and be zocheh
to fulfill all of these mitzvos, including the korban pesach!