Must I Toivel This?

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Question #1: The Vanilla Cruet

“We received a gift of a glass cruet, a salad oil dispenser,
that we doubt we will ever use for that purpose. We decided, instead, to use it
is a flower vase and were told that we do not need to toivel it.
Subsequently, we decided that we might use it for soaking vanilla beans and
alcohol to make our own natural vanilla extract. Do we need to toivel
it?”

Question #2: Restaurant Silverware

“I have always assumed that caterers and restaurants toivel
their silverware and glasses. Recently, I was told that some hechsherim
do not require this. Is this true? Am I permitted to use their silverware and
glasses?”

Question #3: The Salami Slicer

“I have a knife that I use for my work, which is not
food-related. May I occasionally slice a salami with the knife that I have
never immersed in a mikveh?”

Question #4: The Box Cutter

“Before I toivel my new steak knife, may I use it to
open a box?

Answer:

After the Bnei Yisroel’s miraculous victory over the
nation of Midyan, they were commanded regarding the booty that they had now
acquired: Concerning the gold and the silver; the copper, the iron, the tin
and the lead: any item that was used in fire needs to be placed in fire to
become pure – yet, it must also be purified in mikveh water. And that which was
not used in fire must pass through water
(Bamidbar 31:22-23). From
these verses, our Sages derive the mitzvah of tevilas keilim — the requirement
to immerse metal implements used for food in a spring or kosher mikveh
prior to use. According to the Talmud Yerushalmi (Avodah Zarah 5:15),
the immersion of the implement elevates it to the sanctity of Jewish ownership,
similar to the requirement that a non-Jew converting to Judaism submerges in a mikveh
(Issur Vaheter 58:76; see also Ritva, Avodah Zarah 75b).

The Gemara (Avodah Zarah 75b) rules that, in
addition to metal items, we are also required to immerse glass utensils,
because both metal and glass are similar: they are recyclable. When they break,
one can melt or weld the broken parts to create new utensils or to repair old
ones. As a matter of fact, in the time of the Gemara, people kept broken
pieces of metal and brought them to the blacksmith when they needed to
manufacture new items (see Shabbos 123a). It is also interesting to note
that this function is the basis of the Hebrew word for metal, mateches, which
means meltable or dissolvable (see Yechezkel 22:22; Rashi,
Shemos
9:33). In this characteristic, metal ware and glassware are
different from items made of stone, wood or earthenware, which cannot be
recycled in this manner.

Prior to dipping the metal ware or glassware, one recites a brocha,
Asher ki’deshanu bemitzvosav vetzivanu al tevilas keilim. As we will
soon see, this brocha is recited only when there is a definite
requirement to toivel (immerse) an item.

Used without immersing

If, in violation of the Law, someone used an item that was
not immersed, may one eat the food that came in contact with it? According to
many authorities, this is the subject of a dispute between two opinions in the Gemara.
Some early authorities (Baal Halachos Gedolos, Chapter 55; Or Zarua,
Piskei Avodah Zarah
#293) conclude that, indeed, this food is prohibited.
However, the consensus of halachic authority is that it is permitted to
eat food that was prepared using non-toiveled equipment (Tosafos,
Avodah Zarah
75b s.v. Vechulan; Ritva, ad locum; Rema, Yoreh Deah
120:16). This is useful information when visiting someone who,
unfortunately, does not perform the mitzvah of tevilas keilim. Although
one may not use non-toiveled utensils to eat or drink, the food prepared
in them remains kosher. According to most authorities, if the food is served in
non-toiveled utensils, one should transfer it to utensils that do not
require immersion or were properly immersed.

The halachah is that when I know that someone will use
pots and other equipment that were not immersed, I may not ask him to cook for
me, since I am causing him to violate the Torah (lifnei iveir).

A matir or a takkanah?

Why is it forbidden to use a utensil that has not been toiveled?
There are two different ways to understand this halachah.

A matir

The first approach explains that min HaTorah one may
not use a utensil that has not been immersed, similar to the halachah
that one may not eat meat without first shechting the animal. This logic
holds that when the Torah created the mitzvah of tevilas keilim, it
prohibited use of any food utensils that require immersion, and the immersion
is what permits me to use the utensils. I will refer to this approach as
holding that tevilas keilim is a matir.

A takkanah

Alternatively, one can explain that, although the
requirement to immerse food utensils is min HaTorah, the prohibition to
use non-toiveled utensils is a takkanah, a rabbinic prohibition. The
reason for this prohibition is to encourage people to immerse their utensils in
a timely fashion. Chazal were concerned that if it is permitted to use
utensils without immersing them, people would postpone, indefinitely,
fulfilling the mitzvah.

This second approach appears to be how the Mishnah
Berurah
understood this mitzvah, since he states that although most
authorities contend that the mitzvah to immerse utensils is min HaTorah,
the prohibition to use them if they were not immersed is only rabbinic (Biur
Halachah
323:7 s.v. Mutar). This exact idea is expressed by Rav
Shlomoh Zalman Auerbach (Minchas Shlomoh 2:66:13, 14).

Notwithstanding the Mishnah Berurah’s understanding
of this mitzvah, the Or Zarua,a rishon, writes that the
prohibition to use non-immersed equipment is min HaTorah (Or Zarua,
Piskei Avodah Zarah
#293; A careful reading of Shaagas Aryeh #56
will demonstrate that he was of the same opinion.) This implies that the
mitzvah is indeed a matir, its purpose is to permit the use of the utensil.
If not, where do we have any evidence that the Torah prohibited use of a
non-immersed vessel?

Rushing to immerse

Is there a halachic requirement to immerse a utensil
as soon as I purchase it, or may I wait for a convenient time to immerse it, as
long as I do not use the utensil in the interim?

We find a dispute among the poskim concerning this.
Some rule that there is no requirement to immerse a utensil as soon as possible
(Levush, as explained by Pri Megadim, Mishbetzos Zahav, Orach Chayim 323:5),whereas the Maharshal (Yam shel Shelomoh, Beitzah 2:19)
explains that this question is dependent on a dispute in the Gemara (Beitzah
17b-18a). The Maharshal concludes that one is required to immerse
the utensil as soon as possible, out of concern that one will mistakenly use it
before it was immersed. The latter ruling is quoted by other authorities (Elyah
Rabbah
323:12).

Better to borrow?

The Gemara (Avodah Zarah 75b) explains that
the mitzvah of tevilas keilim does not apply to utensils that a Jew
borrowed or rented from a non-Jew (Shulchan Aruch, Yoreh Deah 120:8).
The Torah taught that utensils that a Jew acquires require immersing,
but not items that are not owned by a Jew. Furthermore, whether a utensil
requires immersion is determined by who its owner is and not by who is using
it. We will soon see another ramification of this ruling.

The poskim rule that, under circumstances when one
cannot immerse utensils, one may transfer ownership of a utensil from a Jew to
a non-Jew to avoid immersing it. Therefore, should a Jew own a utensil and have
nowhere to immerse it, or if he does not have time before Shabbos or Yom
Tov
to immerse it, he may give it to a gentile and then borrow it back from
the gentile (Mordechai, Beitzah #677; Shulchan Aruch and Rema,
Yoreh Deah
120:16). Since the utensil is now owned by a gentile, there is
no requirement to immerse it. Consequently, borrowing it from the gentile does
not present any problem.

This ruling applies only to utensils that are owned by a
non-Jew and borrowed from him by a Jew. However, if a Jew owns a utensil that
he has not immersed, another Jew may not borrow or use it without immersing it
(Tosafos and Rosh ad loc., both quoting Rashbam). Once the
owner is required to immerse the utensil, no other Jew may use it without
immersing it first.

Only klei seudah

The Gemara concludes that the mitzvah of tevilas
keilim
applies only to klei seudah — literally, implements used for
a meal. This includes items used to prepare food or to eat. As we will soon
discuss, there are some interesting ramifications of this law.

“Rav Nachman said in the name of Rabbah bar Avuha: ‘One
can derive from the verse that one must immerse even brand-new items, because
used vessels that were purged in fire have the same kashrus status as brand
new, and yet they require immersion.’

Rav Sheishes then asked him: ‘If it is true that the mitzvah
of immersing vessels is not because of kashrus concerns, then maybe one
is required to immerse even clothing shears?’

Rav Nachman responded: ‘The Torah mentions only vessels that
are used for meals (klei seudah)'” (Avodah Zarah 75b).

Rav Sheishes suggested that if the immersion of utensils is
not a means of kashering a non-kosher vessel, then perhaps we have many
more opportunities to fulfill this mitzvah, and it applies to any type of
paraphernalia — even cameras, cellphones and clothing shears! However, the
conclusion is that the mitzvah is limited to items used for food.

Kitchen or Leather?

Reuven is a leather worker who purchases a brand-new kitchen
knife that he intends to use exclusively for this leather work. Does this knife
require immersion in a mikveh?

Although this utensil was manufactured for food use, since
Reuven is now the owner and he purchased it for leather work, it is no longer a
food utensil.

The early authorities dispute whether someone who borrows
the knife from the owner to use it for food is required to immerse it. The
primary position contends that the borrower is not required to immerse the knife
(Hagahos Ashri, Avodah Zarah, 5:35; Shulchan Aruch, Yoreh Deah 120:8).
This approach understands that the halachic status of a utensil is
determined by its owner and not by the person borrowing it. There is, however,
a dissenting opinion that contends that since the owner himself would not be
allowed to use the knife for food, even temporarily, someone else may not
either (Issur Vaheter 58:89, quoted by Shach, Yoreh Deah 120:16).
Thus, the latter approach requires that the borrower immerse this knife before
using it for food. As a compromise position, some authorities conclude that one
should immerse this utensil, but should not recite a brocha before doing
so (Shach, Yoreh Deah 120:16).

However…

All this holds true as long as the owner, our leather worker,
uses the knife exclusively for non-food use. The owner may not use it for food,
even temporarily (Rema, Yoreh Deah 120:8). Furthermore, later
authorities note that the Shach implies that, should Reuven decide to
use the knife for food, albeit only once, he may not use the knife even for
non-food use
without first immersing it (Darchei Teshuvah 120:39,
quoting Ginzei Elimelech; Sefer TevilaskKeilim, page 104,
quoting Pri Eliyahu).

We see from this Shach a very interesting ruling. The
halachah is not that food use requires that the vessel be immersed. The halachah
is that a food utensil must be immersed before use – no matter what type of
use.

This last ruling means that someone who purchased a knife
that he intends to immerse, may not use it, even to open a package, before it
has been immersed.

We can therefore answer one of our opening questions:

“I have a knife that I use for my work, which is not food
related. May I occasionally slice a salami with the knife that I have never
immersed in a mikveh?”

Although many people may find this ruling to be surprising,
according to the Shach, you may not.

The vanilla cruet

At this point, I would like to discuss one of our opening
questions, an actual shaylah that I was asked: “We received a gift of a
glass cruet, a salad oil dispenser, that we doubt we will ever use for that
purpose. We decided, instead, to use it is a flower vase and were told that we
do not need to toivel it. Subsequently, we decided that we might use it
for soaking vanilla beans and alcohol to make our own natural vanilla extract.
Do we need to toivel it?”

This is an interesting question. I agree that if someone
receives a vessel that is usually klei seudah, but one does not intend to
use it for this purpose, there is no requirement to immerse it. Subsequently,
the individual decides that he might use the cruet to process vanilla flavor, a
use that would require immersing. (For reasons beyond the scope of this
article, I would suggest not reciting a brocha, when immersing the
cruet.) According to the Shach, once they decide to use the cruet for
making vanilla flavor, not only do they now need to immerse it, but they can no
longer use it for anything else. This is because a cruet is inherently a vessel
that should require immersion. The only reason they were not required to
immerse it until now was because they had decided not to use it for food. But
once they decide to use it for food, they may not use it for anything without
immersing it.

The salami knife

We can also now address a different question that was asked
above: “I have a knife that I use for my work, which is not food related. May I
occasionally slice a salami with the knife that I have never immersed in a mikveh?”

The answer is that, if this is a knife that was made for
food use, one would not be allowed to use it for food without immersing it. On
the other hand, if it is a box cutter, which is clearly not meant for food use,
we have no evidence that one is required to immerse it. There are sources in halachah
that state that an item that is not meant as klei seudah may be used
occasionally for food, even by the owner, without requiring tevilah
(see, for example, Darchei Teshuvah 120:70, 88).

Klei sechorah — “merchandise”

The halachic authorities note that a storekeeper does
not toivel vessels he is planning to sell, since for him they are not klei
seudah
, but merchandise. Later authorities therefore coined a term “klei
sechorah
,” utensils used as merchandise, ruling that these items do
not require immersion until they are purchased by the person intending to use
them (based on Taz, Yoreh Deah 120:10).

In the nineteenth century, a question was raised concerning
the definition of klei sechorah. When rail travel became commonplace,
enterprising entrepreneurs began selling refreshments at train stations. (No
club car on those trains!) A common occurrence was that Jewish vendors would
sell beer or other beverages at the stations, which they would serve to their
customers by the glassful. The question was raised whether these glasses
required immersion and whether one was permitted to drink from them when the
vendor presumably had not immersed them. Although it would seem that one may
not use them without tevilah, there are authorities who rule that these
vessels are considered klei sechorah for the merchant and that,
therefore, the customer may use them (Darchei Teshuvah 120:70, 88; Shu”t
Minchas Yitzchak
#1:44).

According to this approach, a restaurateur or caterer is not
required to immerse the utensils with which he serves his guests. Although most
authorities reject this approach (Minchas Shlomoh 2:66:14), I have found
many places where, based on this heter, hechsherim do not require
the owner to toivel his glassware, flatware and other items.

Conclusion

According to Rav Hirsch, metal vessels, which require
mankind’s mining, extracting and processing, represent man’s mastery over the
earth and its materials. Whereas vessels made of earthenware or wood involve
man merely shaping the world’s materials to fit his needs, the manufacture of
metal demonstrates man’s creative abilities to utilize natural mineral
resources to fashion matter into a usable form. Consuming food, on the other
hand, serves man’s most basic physical nature. Use of metal food vessels, then,
represents the intellectual aspect of man serving his physical self, which, in
a sense, is the opposite of why we were created; to use our physical self to
assist our intellect to do Hashem’s will. Specifically, in this
instance, the Torah requires that the items hereby produced be immersed in a mikveh,
to endow them with increased kedusha before they are put to food-use.
This demonstrates that, although one may use one’s intellect for physical
purposes, the product of one’s creative power must first be sanctified in order
that we focus on the spiritual.