May I Enter the Room that I Sold to the Non-Jew

The style of this article is an experiment; it is somewhat different from what I usually send out, and I am looking for feedback from our readers. The article consists of an actual teshuvah that I wrote many years ago and is published in Shu”t Nimla Tal (Orach Chayim, #167), which is available for download on the website RabbiKaganoff.com. (The teshuvah begins on page 214 of the sefer.)

To create this article, the original Hebrew teshuvah was rendered by Google translate, and then edited. I am looking for feedback from our readership whether you enjoyed this style of article, and whether you would like to see it in the future on an occasional or even a regular basis.

The responsum was an answer to an actual question that I was asked:

“A room is rented to a non-Jew because it contains the chometz that was sold to him. Is it permissible to enter the room in order to remove something that was not included in the sale?”

The responsum, which was addressed to a Torah scholar, reads as follows:

The Magen Avraham (472:2) asked a question on the position of the Maharil, who permitted someone to use, in honor of the Seder, a very valuable item, perhaps made of gold or containing precious stones, that had been given by a gentile as collateral on a loan, what I will henceforth call a pawned item. The Magen Avraham questioned how the Maharil permitted the Jew to use the pawned item, when the halacha is that one may not use someone else’s property without permission. Since the Jew is holding the pawned item only to make sure that he can recoup the value of the loan should there be a default, the Magen Avraham assumes that the Jew is not permitted to use the pawned item without the explicit permission of the owner, until the loan is due. At that point, he is permitted to sell it or keep it.

The Magen Avraham answers that we can assume that the non-Jewish owner does not mind if one uses his pawned item only once, and, therefore, one may display the valuable item at the Seder as part of one’s celebration of this very special night.

Let us examine a related passage of Gemara. The end of tractate Avodah Zarah (75b) relates that Rav Ashi immersed a vessel he had received as collateral from a non-Jew, in fulfillment of the mitzvah of tevilas keilim, before using them for food. The Gemara inquires why Rav Ashi immersed the item when there is no  obligation unless the item is owned by a Jew. Was it because Rav Ashi contended that receiving the item as collateral is considered halachically as if the Jew already owns it? In other words, notwithstanding the borrower’s option to redeem it, the lender may assume that since most pawned items are not redeemed, he may already treat it as his property. An alternative position mentioned by the Gemara is that the lender may not assume that an item received as collateral can be treated as his. However, in Rav Ashi’s specific case, there were specific indications from the borrower’s actions that he did not intend to redeem the pawned item, and therefore Rav Ashi assumed that he had already acquired it.

Regarding the conundrum presented by the Gemara, the Shulchan Aruch (Yoreh Deah 120:9) assumes that the issue remained unresolved. He therefore concludes that if the Jewish lender notices any indication that the non-Jewish borrower does not intend to redeem the security, the lender should recite a brocha prior to immersing it. However, if there is no such indication, he should immerse the vessel before using it, but without reciting a brocha, since the borrower may return to redeem the security, in which case it was property of a gentile at the time of the immersion, and there was no requirement to immerse it. Halachically, only an item owned by a Jew requires immersion before use, not an item used by a Jew that is owned by a non-Jew. When there is uncertainty whether one is fulfilling a mitzvah with a certain action, the usual procedure is to perform the mitzvah but without reciting a brocha because of the principle of safek brochos lehakeil.

Returning to the ruling of the Shulchan Aruch, since it is uncertain whether the item requires immersing before use, one should immerse it, but without reciting a brocha.

At this point, this passage of Talmud and the ruling of the Shulchan Aruch present us with a question on the position of the above-quoted Magen Avraham. The Magen Avraham asked on the Maharil’s position how he can permit the lender to display at his Seder the valuable pawned items that he is holding, since one may not use an item without permission, and the lender has no explicit permission to use the collateralized valuables. The Gemara in Avodah Zarah that we just quoted is certainly assuming that Rav Ashi was permitted to use the collateralized item – the only question is whether he should assume that the item is already his property, and therefore he should recite a brocha when he immerses it, or whether he should not recite a brocha, because the property still belongs to the gentile. But no one questions Rav Ashi’s right to use the item.

The Taz (in Yoreh Deah) indeed questions how Rav Ashi could use the security and explains that halacha does not forbid using an item of a non-Jew that is already in your house. In other words, the prohibition not to use an item without permission does not apply to a non-Jew’s property that he is storing in a Jew’s house, whether as collateral or for any other reason.

Based on this above discussion, several halachic authorities (Chok Yaakov; Machatzis Hashekel) dispute the Magen Avraham’s assumption that one may not use collateral owned by a non-Jew without permission. According to these authorities, it would seem that it is permitted to enter the room that you have rented out to the non-Jew in order to use the room for your own purposes.

However, it might be prohibited to enter the room for other reasons, germane to the sale of the chometz. When the Terumas Hadeshen discusses how one should sell one’s chometz to a non-Jew, he states expressly that the chometz should be removed from the house of the Jewish seller. Many authorities question this requirement, noting that 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 forty inches) is constructed around the chometz, presumably to guarantee that no one mistakenly eat it. Why, then, does the Terumas Hadeshen insist that the chometz sold to the non-Jew be removed from the Jew’s residence?

Most later authorities explain that one is permitted to leave the non-Jew’s chometz in one’s house, provided that he has taken adequate care that no one mistakenly eat it. The reason that the Terumas Hadeshen insisted on removing the chometz from the Jew’s property was because of the technical laws that must be followed in order to change ownership of the chometz  to the non-Jew. However, should one accomplish changing ownership to the gentile without moving it out of your house, you are not required to do so.

One of the standard methods we use of guaranteeing that the sale of our chometz to the gentile is fully valid is to rent to the gentile for the entire holiday the area where the chometz is stored. However, even when one rented to the gentile the area where the chometz is stored, this rental should not preclude the Jew from entering this area for a short period of time. It therefore appears that, should the need develop, it is permitted to enter the room that was rented to the non-Jew.

Wishing everyone a chag kosher vesomayach!!

 

 

Matzoh Shoppers Guide Part II

The Four Questions of Matzoh Purchasing

The First Question Is: On all other nights of the year, we do not check our matzoh and bread, although we sometimes check our flour before we bake with it; on this night of Pesach, we check our matzoh before eating it. For what are we checking?

The Second Question Is: On all other nights of the year, we eat any kind of matzoh; on this night of Pesach, some people eat only hand matzoh, others eat only machine-made matzoh, and still others eat hand matzoh for the bracha and machine matzoh afterwards. What is the basis for these different practices?

The Third Question Is: On all other nights of the year, we prepare our food leisurely; on this night of Pesach, we eat matzoh advertised as special “18-minute matzoh.” But I thought that matzoh dough becomes chometz after 18 minutes, so all matzoh left around longer than 18 minutes before baking should be chometz. So what is special about 18-minute matzoh?

The Fourth Question Is: On all other nights of the year, no guests arrive early in order to “lift up” their food before Yom Tov, but on this night of Pesach, some guests arrive before Yom Tov in order to “lift up” the matzos they intend eating at the Seder. Why do only some of my guests ask me if they can do this?

In last week’s post, we answered the first of these questions. This week we continue…

Let us now answer the second question:

“On this night of Pesach, some people eat only hand matzoh, others eat only machine-made matzoh, and still others eat hand matzoh for the bracha and machine matzoh afterwards. What is the basis for these different practices?”

Although most people today accept the use of machine matzoh for Pesach, it is instructional to understand a major dispute that existed among nineteenth-century poskim over its use. Dozens of renowned poskim and rabbonim became involved in this dispute. Unfortunately, the machlokes over the use of machine matzos became as heated as the temperature of the matzoh ovens, with each side issuing tirades.

Those who opposed the use of machine-made matzoh on Pesach did so because of the following major concerns:

  1. The economic factor: There was concern that introduction of machine matzoh would seriously affect the livelihood of many Jewish poor who were employed kneading and baking matzos.
  2. The chometz factor: There were major concerns about whether the factories’ matzoh met all the above-mentioned halachic requirements. Among the concerns raised were: Is all dough cleaned off the machinery, or does dough stick to the equipment and remain in place for more than eighteen minutes? Does the machinery work the dough constantly, or does it sit after it has begun to be worked?

Apparently, this was a big concern in the early matzoh bakeries. In a teshuvah dated Monday, Erev Rosh Chodesh Nisan 5618 (1858), the Divrei Chayim (Shu’t 1:23) refers to machine matzoh as chometz gamur (unquestionably chometz), based on the way it was produced.

  1. The lishmah factor: Another issue involved in the manufacture of machine matzos is whether it is considered lishmah? Is the intent of the person operating an electrically-powered machine considered as making matzos lishmah? The same issue affects many other halachic questions, such as the spinning of tzitzis threads by machine, the manufacture of leather for tefillin straps and batim, and the making of hide into parchment. Some poskim contend that pushing the button to start a machine is not sufficient to make it lishmah, since the pushing of the button produces only the very first action, and the rest happens on its own and, therefore, is not considered being made lishmah (Shu’t Divrei Chayim 1:23). There is much discussion and dispute about this issue in the poskim (see for example, Shu’t Chesed L’Avraham 2:Orach Chayim:3; Shu’t Maharsham 2:16; Shu’t Achiezer 3:69 at end; Sdei Chemed Vol. 7 pgs. 396-398; Chazon Ish, Orach Chayim 6:10 s.v. vinireh d’ein tzorech; Shu’t Har Tzvi, Orach Chayim #10; Mikra’ei Kodesh, Pesach II pgs. 11-17). It is primarily for this reason that many people today who use machine-made matzoh on Pesach still use hand-made matzoh for the Seder.

It is also curious to note that the initial matzoh machines over which these poskim debated were nothing more than hand-turned rollers that quickly made a large quantity of thin dough into circles, the way a cookie cutter operates. They enabled a fantastic increase in the output of one small factory.

Thirty years after the original dispute, the issue was still heated, as evidenced by the following teshuvah of Rav Yehoshua Trunk of Kutno, widely acknowledged in the latter half of the nineteenth century as the posek hador of Poland.

“On the subject of the new idea brought to knead matzos by machine, G-d forbid that one should follow this practice. Over thirty years ago, all the Gedolei Yisroel in our country prohibited it. At their head were the Av Beis Din of Tshechnov; Rav Yitzchok Meir of Gur (The Chiddushei Rim, the first Gerer Rebbe); and Rav Meir, the Rav of Kalish; all of whom signed the declaration prohibiting their use. Not a single individual was lenient about this matter. I therefore say to our brethren, ‘Do not separate yourselves from your brethren, since all the gedolim in our country prohibited this machine and virtually all the people accepted this prohibition” (Shu’t Yeshu’os Molko, Orach Chayim #43). Thus, it appears that in central Poland, where these gedolim lived, hand matzos were used almost exclusively.

Similarly, in a teshuvah penned in the year 5635 (1895), the Avnei Nezer (Orach Chayim #372), renowned posek and gadol hador a generation later, echoed this sentiment with emphasis. He writes that although he had never seen a matzoh factory, he prohibited eating this matzoh based on the fact that the previous generation’s poskim had prohibited it, quoting Rav Yehoshua of Kutno.

At about the same time that the Avnei Nezer wrote his above-quoted responsum, the Maharsham (Shu’t 2:16) was asked by the Rav of St. Louis, Missouri, Rav Zecharyah Yosef Rosenfeld, about a matzoh machine that took a half hour to prepare the matzoh. Rav Rosenfeld was highly concerned about several problems regarding this machine. The Maharsham ruled that if all the equipment is kept cool and all the other requirements are met, then the matzoh may be used.

In the contemporary world, one can plan and construct a factory for baking matzos in such a way that a minimal amount of dough adheres to equipment, and mashgichim can supervise the swift removal of any dough that sticks to the machinery. Someone who purchases machine-made matzoh is relying on the supervising agency or rabbi to guarantee that the operation runs properly.

Many rabbonim and communities contend that it is preferable to use machine matzos, because one can control the product better – thus, in German communities and in “the old yishuv” in Eretz Yisroel, machine matzos were preferred. Rav Shlomoh Zalman Auerbach,  zt”l, and his brother-in-law, Rav Sholom Shvadron, zt”l, ate only machine matzos on Pesach, as did Rav Yosef Breuer, zt”l, and I have been told of many other gedolim who ate only machine matzos on Pesach.

Among the reasons quoted for favoring machine matzos are:

1) Kneading by hand takes considerably more time before the matzoh is ready for baking. In addition, the dough is likely to warm up considerably by the hands of the kneader, which may lead to it becoming chometz.

2) Hand matzos are of uneven thickness, so that some parts of the matzoh are burnt while other parts may still be incompletely baked; thus, there could be a problem of a matzoh being removed from the oven before it is fully baked.

3) Machine matzos are thinner and thus less susceptible to leavening.

Although the following may be unappetizing, I have witnessed someone leaning over the table, busily kneading the dough for his matzoh, while beads of perspiration are falling into the dough. Aside from the lack of sanitary conditions, there are also kashrus concerns about matzoh produced this way.

On the other hand, many Chassidic circles eat only hand matzos on Pesach, following the long list of Chassidic poskim who strongly opposed machine matzos. In between these two approaches are those who feel that the kashrus of machine matzos is fine or even preferred, but who are concerned about whether matzoh produced by a machine is considered lishmah. To avoid any halachic problem, they use hand matzos at the Seder, but eat machine matzoh the rest of Yom Tov.

At this point, my son, I can answer your Third Question:

On all other nights of the year, we prepare our food leisurely; on this night of Pesach, we eat matzoh advertised as special “18-minute matzoh.” But I thought that matzoh dough becomes chometz after 18 minutes, so all matzoh left around longer than 18 minutes before baking should be chometz. So what is special about 18-minute matzoh?

Ideally, one should stop every matzoh machine every eighteen minutes to guarantee that the equipment is completely clean. However, factory owners feel that this is a non-profitable way to operate a matzoh factory. Thus, the equipment usually runs constantly with the hope that no dough sticks to it and remains from one batch to the next. To avoid this problem, many people who use machine matzoh insist on using only matzoh produced after the equipment was stopped for a thorough cleaning and examination. This matzoh is usually called “eighteen-minute matzoh,” that is, the machine has not been running for eighteen minutes from the last time that it was thoroughly cleaned.

Different hechsherim have different standards – thus, whether some dough remains on the equipment longer than eighteen minutes will depend on how tight the hechsher’s standards are. It is fair to assume that if the factory is not stopped for cleaning every eighteen minutes, some dough remains on the equipment for more than eighteen minutes from one production to the next. However, even if dough was abandoned on the equipment for over 18 minutes, it is batail, nullified, in the final product.

To quote a friend’s recent observation: “I went to a major matzoh bakery a few years ago where they had two runs simultaneously. One was mehadrin, where they stopped the equipment every 16 minutes for cleaning. The other production was constant, and we witnessed piles of dough building up along the sides of the conveyor belt that eventually mixed into the production dough.”

The Fourth Question was basically asking:

“A guest once asked me if he could pick up the matzos on Erev Pesach that he was planning on eating at the Seder. Why did he request this, and why have I never heard of this before?”

The halacha is that to fulfill the mitzvah of eating matzoh, the matzoh must be 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 to demonstrate that the matzoh is definitely theirs (based on Mishnah Berurah 454:15).

There is an interesting dispute between poskim as to whether a guest at someone else’s Seder fulfills the mitzvah with matzoh that belongs to the host. Sfas Emes (commentary to Sukkah 35a s.v. beGemara asya) contends that one can fulfill the mitzvah of matzoh only with matzoh that one owns to the extent that one would be able to sell it. Therefore, a host must give to each of his guests their matzoh as a present before they eat 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.

May we all be zocheh to eat our matzoh this year together with the Korban Pesach in Yerushalayim.

 

The Matzoh Shoppers Guide

The Four Questions of Matzoh Purchasing

The First Question Is: On all other nights of the year we do not check our matzoh and bread, although we sometimes check our flour before we bake with it; on this night of Pesach we check our matzoh before eating it. For what are we checking?

The Second Question Is: On all other nights of the year we eat any kind of matzoh; on this night of Pesach, some people eat only hand matzoh, others eat only machine-made matzoh, and still others eat hand matzoh for the bracha and machine matzoh afterwards. What is the basis for these different practices?

The Third Question Is: On all other nights of the year we prepare our food in a leisurely manner; on this night of Pesach we eat matzoh advertised as special “18-minute matzoh.” But I thought that matzoh dough becomes chometz after 18 minutes. So what is special about 18-minute matzoh?

The Fourth Question Is: On all other nights of the year, no guests arrive early in order to “lift up” their food before Yom Tov, but on this night of Pesach some guests arrive before Yom Tov in order to “lift up” the matzos they intend on eating at the Seder. Why do only some of my guests ask me if they can do this?

“Father, what is the answer to my four questions?”

“Son, before I answer your excellent questions, hearken to how matzoh is made.”

WE WERE ONCE SLAVES IN EGYPT

Although matzoh is the simplest of products, containing simply flour and water, much detail is involved at every step to process it in a halachically correct way. In addition, halacha requires that the matzoh eaten to fulfill the mitzvah on Seder night must be produced with the intention that it is specially supervised not to become chometz for the purpose of fulfilling the mitzvah. Thus, even if we know by remote-control camera that matzoh was produced 100% kosher for Pesach, but a well-trained team of chimpanzees manufactured it, one cannot use this matzoh to fulfill the mitzvah on Seder night, because it was not produced lishmah. Only adult Jews can produce matzoh lishmah (Shulchan Aruch Orach Chayim 460:1). Therefore, before beginning work each day in a matzoh bakery the workers must say: Kol mah she-ani oseh hayom, hareini 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.”

Although the Gemara (Pesachim 40a) discusses preparing matzoh lishmah, it is unclear how early in its production this must be done. We need not plant the wheat for the sake of the mitzvah, since nothing at this stage can make the product chometz-dik. Until the grain can become chometz, there is no need to guard it lishmah from becoming chometz.

The early poskim have three opinions concerning the stage when one must prepare matzoh lisheim matzos mitzvah:

(1) From the time of harvesting, which is usually the earliest time the grain can become chometz.

(2) From the time of grinding, at which time it is more probable that the flour could become chometz. In earlier times, most flour mills were located alongside rivers and used the flow of the river as their power source. Thus, there is great concern that the flour could become wet and begin to leaven.

(3) From the time of kneading, when one must certainly be concerned about the possibility of chimutz (fermentation).

Shulchan Aruch (Orach Chayim 453:4) concludes that it is preferable to guard the wheat lishmah from the time it is harvested, but that it is satisfactory to use wheat that is supervised only from the time it is ground. Other poskim require lishmah from the time of the harvest (Pri Chodosh). Nowadays, shmurah matzoh generally refers to matzoh that was supervised against chimutz from the harvest, and kosher-for-Pesach non-shmurah matzoh is supervised from the time of the grinding.

HARVESTING CONCERNS

Fully-ripe grain can become chometz even while still connected to the ground (Piskei Tosafos, Menachos 208). Thus, in order to guarantee that the grain harvested for matzoh does not become chometz, it is harvested early, before it is fully ripe (Chayei Odom 128:2; Mishnah Berurah 453:22; Bi’ur Halacha to 453:4 s.v. Tov) and when it is dry. Before cutting the wheat, someone checks to see that it has not yet sprouted. Furthermore, we cut the wheat in the afternoon of a dry day to allow the night’s dew to evaporate in the morning. A combine used to harvest shmurah wheat must be clean and dry.

The poskim dispute whether a non-Jew may operate the combine when it harvests the wheat, or whether a Jew must operate it (Sefer Matzos Mitzvah pg. 26). Those who contend that Jew must operate it is because they hold that operating a large combine is technically equivalent to swinging a sickle, and harvesting lishmah requires that someone who is commanded to observe the mitzvah actually cuts the grain.

Sometimes, it seems that life was simpler when people harvested wheat by hand. A friend of mine who was born in the Soviet Union once described how his father used a hand sickle to harvest wheat for matzoh baking. Even today, some people are mehader to use hand-cut flour for their Seder matzos.

After cutting, the wheat must be stored and transported in a way that guarantees that it remains dry (Sdei Chemed, Vol. 7 pg. 383), and one must make sure that it always remains shamur by an observant Jew (Bi’ur Halacha 453:4 s.v. ulipachos). Furthermore, one must be careful to store it a way that it does not become infested by insects. One must also check grain samples for signs of sprouting, which is a chimutz problem (see Rama 453:3). There is a well-established custom that an experienced posek checks the grains before they are ground (Daas Torah to 453:1 s.v. ve’od).

GRINDING THE FLOUR

As mentioned above, most poskim require supervising the grain lishmah from chimutz from the time it is ground into flour, and all matzoh sold today as kosher lePesach is supervised at least from the time it is ground. The mashgichim must verify that the wheat is not soaked before being ground, which is common practice for non-Pesach flour in many places. Furthermore, a mashgiach must carefully inspect the milling equipment to ensure that no non-Passover flour remains in the grinders and filters.

Chazal instituted many halachos to guarantee that the dough does not become chometz prematurely. For example, one should not bake matzoh with freshly-ground flour, but should wait a day or two after the grinding to allow the flour to cool so that it does not leaven too quickly (Shulchan Aruch 453:9). They were also concerned that one should not bag the Pesach flour in old sacks previously used for chometz-dik flour. In many countries, grains are covered with leaves before grinding in order that they be moist when they are ground. This facilitates separating the different parts of the kernel. Of course, this is prohibited for Pesach-dik flour.

SPECIAL WATER: MAYIM SHELANU

Pesach matzoh must be baked exclusively with mayim shelanu, water that remained overnight (Pesachim 42a), a topic that we explored in last week’s article.

KNEADING THE DOUGH

One may not knead matzoh dough in a warm area or in a place exposed to the sun. Similarly, one must cover the windows, so that no sunlight streams through (see Mishnah Berurah 459:2). Furthermore, one must be very careful that the tremendous heat from the oven does not spread to other parts of the bakery, warming dough before it is placed into the oven (Shulchan Aruch 459:1). Thus, a matzoh factory must accommodate that the dough can be transported to the oven quickly, without exposing the kneading area to heat from the oven.

Once the flour and the water are mixed, one must strive to produce the matzoh as quickly as possible (Shulchan Aruch Orach Chayim 459:1). If dough is left un-worked for eighteen minutes, it is regarded as chometz. However, if one works on the dough constantly, we are not concerned if more than eighteen minutes elapses before placing it into the oven. On the other hand, once one begins to work the dough, it warms up and may begin to leaven if left idle. Therefore the Shulchan Aruch (Orach Chayim 459:2) rules that once one begins working with the dough, it becomes chometz immediately if one leaves it idle. Although there are more lenient opinions as to whether the dough becomes chometz immediately, all agree that one must not allow unnecessary delay without working the dough (see Mishnah Berurah 459:18; Bi’ur Halacha ad loc.; Chazon Ish, Orach Chayim 121:16). Thus, practically speaking, it is far more important to work constantly on the dough to ensure that it does not begin to leaven, than to guarantee that it takes less than eighteen minutes from start to finish.

One should not assume that all hand matzoh bakeries have the same standard of kashrus. I once visited a hand matzoh bakery and observed dough sitting on the table ready for baking, without anyone working on it. I think that people paying the kind of money this bakery charges for its finished product should not receive matzoh that is kosher only bedei’evid (after the fact).

It is, of course, a much bigger concern if dough from an earlier batch is not cleaned off hands and equipment, and mixes into later batches. All equipment must be cleaned thoroughly after each batch to make sure this does not happen.

BAKING PROBLEMS

Several problems can occur during the baking of the matzos. If the baker leaves a matzoh in the oven too long it burns, and if he removes it too soon it becomes chometz. If he removes a matzoh from the oven before it is fully baked, he may not return it to the oven to finish (Rama 461:3).

Other problems can occur while matzoh is baking. Two very common problems are that matzoh becomes kefulah (folded) or nefucha (swollen). A matzoh kefulah is one that became folded inside the oven in such a way that the area between the folds is not exposed directly to the flame or heat of the oven. This area does not bake properly, making the matzoh chometz-dik (Rama 461:5). One may not use the folded part of the matzoh nor the area immediately around the fold (Mishnah Berurah 461:28).

A matzoh nefucha is a matzoh that swells up, usually because it was not perforated properly (Rama 461:5). During baking, air trapped inside the matzoh develops a large bubble. If the swollen area is the size of a hazelnut, the matzoh should not be used, whereas if it is smaller it may be used (see Mishnah Berurah 461:34 for a full discussion).

To avoid discovering these problems on Yom Tov, one should check one’s matzos before Yom Tov to ascertain that none of the matzos are kefulah or nefucha. I can personally attest to finding both among matzos that were meant for use at the Seder.

Of course you may ask, “Why didn’t the bakery mashgiach notice these matzos and remove them?” I, too, am very bothered by this question, but nevertheless, I and many other people have found that the matzos one purchases often include kefulos and nefuchos.

Now, my dear son, I am glad you have been so patient, because now I can answer your first question: “On this night of Pesach, we check our matzoh before eating it. What are we looking for?” We are checking that there are no folded matzos, or bubbles in the matzos the size of a hazelnut.

For part II of this article, click here.

 

 

The Mayim Shelanu Saga

Question #1: Who owns it?

Who owns mayim shelanu?

Question #2: Occupation or Preoccupation

“May I do something else while I bake my matzohs?”

Question #3: Mayim shelanu in Montevideo

“I have some experience at baking my own matzohs, and I will be spending Pesach in Uruguay. I intend to bake my own matzohs for the Seder. Must I use mayim shelanu for baking matzohs in the southern hemisphere?”

Answer:

Among the various instructions that the Gemara provides for baking matzoh is a requirement to use mayim shelanu, which should be translated as water that rested. This article will discuss the halachic requirements that Chazal instituted.

Who bakes the matzoh?

In the time of the Gemara, matzohs were baked fresh daily, and we see that the kneading and baking was usually the responsibility of the women of the household. Until fairly recently, this was common practice in many Sefardic communities, but among Ashkenazim, matzoh production has in most places become a commercial enterprise, since at least the nineteenth century. Today, few people bake their own matzohs, although I know people in Eretz Yisroel who still do so.

What is mayim shelanu?

Let us begin by quoting the Gemara that forms the basis of our discussion:

Rabbi Yehudah said, “A woman should knead dough for matzoh only with mayim shelanu.” Rav Masneh taught this in a public lecture in Papunia, a town in Bavel where the spoken language was Aramaic. Rav Masneh quoted Rabbi Yehudah’s exact Hebrew words, mayim shelanu, which can also mean our water. The next day, all the people came to him with their buckets, requesting that Rav Masneh supply them with his water, so that they could bake their matzohs. He then explained to them that he had meant water that rested, this time using the Aramaic words, maya devisu (Pesachim 42a).

The authorities debate whether Rav Masneh was teaching this as part of the traditional Shabbos Hagadol drosha, whose primary halachic purpose is to educate people regarding the details of the laws of Pesach, or whether he was delivering this discourse on Yom Tov. If it was on Yom Tov, why would Rav Masneh have waited until Yom Tov to tell them about an essential practice necessary to bake kosher-for-Pesach matzohs? The probable answer is that Rav Masneh was a visitor in Papunia on Yom Tov and chose to discuss this topic when asked to give a guest lecture.

Why the anecdote?

The rishonim ask why the Gemara needs (or should I say kneads?) to mention the story of Rav Masneh (Yerei’im). They do not answer that it is to teach us to have a sense of humor. What was the purpose of the story? There are several interesting answers to this question, two of which we will discuss at the end of this article.

But first, let us return to the continuation of the passage of Gemara:

“Rava taught in a public lecture: a woman should not knead her dough for matzoh under the sun, nor may she use hot water, even if it was heated only by being exposed to sunlight, nor may she use water that appears to be room temperature, if it was swept out of a water heater whose coals were removed. She should be careful not to ‘raise her hands’ from the oven until she completes making the matzoh,” which is another way of saying that she should remain focused on the matzoh production until it is finished, and certainly not do anything else in the interim (Pesachim 42a).

Occupation or Preoccupation

Thus, we can now answer one of our opening questions: “May I do something else while I bake my matzohs?”

The answer is that one may not.

After the fact

The Gemara then asks what is the halacha if someone made matzoh using water that did not meet the standards mentioned above, and cites a dispute between Mar Zutra and Rav Ashi whether the matzoh may be used. Mar Zutra permitted the matzoh thus prepared, whereas Rav Ashi prohibited it. The halachic authorities rule according to Rav Ashi, that this matzoh may not be used. The authorities then debate whether this ruling applies only to the latter cases — one who kneaded the matzoh outdoors or who used warm water — or does it apply even to someone who kneaded matzoh with water that was not mayim shelanu. Rashi is quoted as having ruled that matzoh prepared with water that was not mayim shelanu is permitted bedei’evid, after the fact, whereas most authorities prohibit this matzoh.

Mayim shelanu wherefore?

Why did Chazal prohibit using water for matzoh baking, unless it rested? The poskim cite two main approaches.

According to Rashi, mayim shelanu is required because, during the winter months, the sun traverses the earth much closer to the earth than it does in the summer. Thus, the areas of the earth in which there are open bodies of water become heated to a much greater degree in the winter than they are in the summer, making the water too warm for baking matzohs. Since Pesach in the northern hemisphere is at the end of the winter, it arrives when outside water is warmer than desired for matzoh baking, until it has had ample time to cool. Since the Gemara mentions specifically that the water was lanu, many authorities maintain that the water must rest in a cool place for a minimum of twelve hours (Gra).

Mayim shelanu in the southern hemisphere

It would seem that, according to Rashi, there is no need for mayim shelanu when making matzoh before Pesach in Argentina, Australia, South Africa and anywhere else in the southern hemisphere, since, in that part of the world, Pesach falls at the end of the summer, not the end of the winter. Similarly, someone baking Pesach matzohs in the summer months in the northern hemisphere would not require mayim shelanu. Although this last piece of information may not be germane to any existing kosher lePesach matzoh bakeries, it will be of interest to those producing matzoh for the grain offerings, the menachos, to be offered in the Beis Hamikdash when it is rebuilt, speedily and in our days, since, with only two exceptions, they may not be chometz.

River water

The rishonim quote that Rashi himself held that mayim shelanu is required only when using water from a spring or a cistern, but not when using water drawn from a river. Some explain that this is because we can assume that it has already had sufficient time to cool (Responsum of Rashi, quoted by Ravyah #485, as explained by Kolbo #48). However, later authorities (Ravyah #485; Shulchan Aruch, Orach Chayim 455:1) do not accept this lenient ruling and require that river water wait several hours before use for baking matzohs.

Here comes the sun!

The second reason for mayim shelanu is that provided by Rav Eliezer of Metz, a disciple of Rabbeinu Tam and the author of Sefer Ye’rei’im, an important early halachic source. The Ye’rei’im explains that one should not use water for matzohs unless it rested, because water drawn at night from underground was heated by the sun, since the sun is on the other side of the earth at night. He rules that water drawn at the very beginning of the night can be used immediately, since it has not yet had opportunity to become hot. This lenience applies to water drawn at the very end of the day, during twilight (bein hashemashos), or at the beginning of the night.

Luck of the draw

Among the major halachic commentaries to the Tur and the Shulchan Aruch, we find three different ways of understanding the Ye’rei’im’s position:

  1. According to the Taz, the Ye’rei’im required that matzohs be baked only with water that was drawn during the evening, as described above. Any water drawn at any other time is considered to have become heated and may no longer be used for matzoh production. The Taz contends that one may not use for baking matzohs any water that was ever known to be hot, even if it was subsequently cooled and allowed to rest. Several other authorities, such as the Hagahos Semaq 222:9, and the Mizrachi, also rule this way (as understood by the Beis Yosef and the Taz.) The reason why we refer to the water as “water that rested overnight” is because usually one needs to draw it at least a day before one will use it, and prior to the night.
  2. According to the Bach’s understanding of the Ye’rei’im, one may never use water drawn at night, but water drawn in the daytime becomes usable after it has been allowed to cool until the following morning.
  3. According to the Beis Yosef’s understanding of the Ye’rei’im, water drawn any time other than twilight becomes permissible for matzoh production after it has been in a cool place overnight. Thus, water drawn at night becomes usable the morning after the following night, whereas water drawn in the daytime becomes usable the following morning.

According to all three opinions, the Ye’rei’im permitted immediate use of water that was drawn in the evening, whereas Rashi required this water to rest overnight. According to Rashi, water drawn in the daytime is acceptable for matzoh production after it has been left for twelve hours in a cool place, whereas according to the Ye’rei’im (as understood by the Beis Yosef and Bach), this water may not be used until the following morning, which is considerably more than 12 hours. The halachic authorities rule that lechatchilah one should draw mayim shelanu in the evening and then wait overnight until one uses it, which is basically following the stringencies of both Rashi and the Ye’rei’im.

This means that one draws water from a spring, well, or river immediately before twilight and leaves it in a cool place for a minimum of one complete night to allow it to cool (Shulchan Aruch Orach Chayim 455:1 and commentaries). One may draw water for several days at one time (Shulchan Aruch 455:1), provided one draws the water immediately before twilight and then stores it in a cool place, although some poskim prefer that the water be drawn freshly each night (Maharil quoted by Ba’er Heiteiv 455:7). The water should not be drawn or stored in a metal vessel since metal conducts heat and warms the water (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 since some liquid may mix with the water, and this may cause the dough to rise faster than otherwise (Magen Avraham ibid.). Many contemporary poskim discourage using tap water for matzos because of concern that fluoride and other chemicals introduced into the water may cause the dough to rise more quickly (see Mo’adim U’zemanim 3:261). It is important to note that the requirement for mayim shelanu is not only for the matzos eaten at the Seder, but also for all matzos eaten during the entire Pesach.

Rav Masneh’s lecture

At this point, let us return to a previous question: The Gemara tells us the amusing anecdote concerning the misunderstanding that resulted from Rav Masneh’s lecture, where the people misunderstood mayim shelanu to mean Rav Masneh’s water, until he clarified that it meant water that rested overnight.  Why is it important for the Gemara to tell us this story? From the Ye’rei’im onward, many halachic authorities discuss this question, providing a variety of answers. Some explain that Rav Masneh delivered this lecture on Yom Tov, and they infer the following conclusion: If matzoh made without mayim shelanu is prohibited, Rav Masneh would have left the people of Papunia with nothing to eat – they would have had to destroy all the matzoh they had already produced, since it was not made using mayim shelanu, and they would have had nothing to eat the next day either, since they had no water with which to bake. Since the Gemara mentions nothing of the hardship that was imposed by his ruling, we should conclude that the Gemara’s purpose is to teach that mayim shelanu is required only lechatchilah, but, after the fact, matzoh made using water that was not mayim shelanu is permitted (Sefer Ye’rei’im).

Others contend that Rav Masneh taught this as part of the Shabbos Hagadol drosha, and that Pesach that year began on Sunday night. (In our current calendar implemented by Hillel Hanasi, Pesach cannot begin on Sunday night. However, Rav Masneh lived at a time when the central Beis Din still determined the calendar on a monthly basis, and, in that era, Pesach could begin on any day of the week.) On Sunday, the people came to fetch water from Rav Masneh, intending to bake their matzohs in the afternoon. This was the common practice in earlier days – matzohs for the Seder were not baked until the afternoon of Erev Pesach, a practice mentioned in Shulchan Aruch and still practiced by many.

Now that they had no water with which to bake their matzohs, what were they to do for matzohs for the Seder? Since the Gemara does not say that they had a matzoh-less Seder, there are a few options:

  1. As we mentioned above, it could be that mayim shelanu is only a lechatchilah rule, but, after the fact, one who has no mayim shelanu can bake matzohs with room temperature water (Raavyah; Semag).
  2. As long as several hours have elapsed since the water was drawn, it is called mayim shelanu, regardless as to when it was drawn. Thus, having heard Rav Masneh’s ruling, the people immediately drew water and began timing the cooling off period. Towards evening, they baked their matzohs (Ravyah #485), or possibly even in the middle of the Seder!

As we all know, matzoh is made of only two ingredients, kosher-for-Pesach flour and water. Although few of us bake our own matzohs, we now know that there are halachos germane to what water one must use for baking matzohs. This provides some information that enables us to understand what is involved in the kashrus of one of the two ingredients in the manufacture of matzoh.

Baking with Hallel!

While baking matzoh on erev Pesach, there is a custom of singing Hallel with tremendous emotion. The moments that we recite Hallel then, and on Pesach itself, can encapsulate the most fervent experience of His closeness. Reliving Hashem’s miracles rekindles the cognizance of Hashem’s presence. In the merit of joyously performing the mitzvos of Seder night, may we soon see the return of the Divine Presence to Yerushalayim and the rededication of the Beis HaMikdash, and be zocheh to fulfill all of these mitzvos, including the korban Pesach!

 

 

Aliyah Laregel

This website contains many articles on a wide range of Yom Tov related topics that can be found under the headings Sukkah, Esrog, Yom Tov, Hallel, Chol Hamoed, Eruv Tavshillin. The enclosed article discusses a different aspect of Yom Tov observance, that of…

Aliyah Laregel

Question #1: Yizkor on Simchas Torah?

“Is there a reason why Yizkor is recited in Eretz Yisroel in the middle of the Simchas Torah davening?”

Question #2: No Aliyah Laregel

“Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

Question #3: Women and Yaaleh Veyavo

“If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Introduction:

Although we cannot observe the beautiful mitzvah of Aliyah Laregel until the Beis Hamikdash is rebuilt, many halachic observances and customs result from the laws associated with this mitzvah. The questions above reflect some of those practices.

The mitzvah of Aliyah Laregel

The mitzvah of Aliyah Laregel is mentioned several places in the Torah. In parshas Ki Sissa (Shemos 34:23), the Torah states: Shalosh pe’amim bashanah yeira’eh kol zechurcha es penei Ha’adon Hashem, Elokei Yisroel, “Three times a year shall all your males appear in the Presence of the Lord, Hashem, the G-d of Israel,” and a similar posuk appears in parshas Mishpatim (Shemos 23:17). In parshas Re’eih (Devorim 16:16), the Torah specifies that the three times are Pesach, Shavuos, and Sukkos. In this last place, the Torah concludes with the following statement: “Three times a year, all your males shall appear before Hashem, your G-d, in the place that He will choose, and you should not appear before Hashem empty-handed. Each man should bring with him according to the bounty that Hashem your G-d has provided you.”

This last verse teaches that the mitzvah is not only to ascend to Yerushalayim and to the Har Habayis (the “Temple Mount”), but also to bring korbanos when we come. It also states that a wealthier individual is obligated to spend more on his korbanos than a pauper (Mishnah, Chagigah 8b).

Three mitzvos

When the Tosefta (Chagigah 1:5) and the Gemara (Chagigah 6b) discuss the details of Aliyah Laregel, they refer to it as three mitzvos: “The Jewish people were commanded three mitzvos when they were oleh regel,” that is, traveling to the Beis Hamikdash grounds on Yom Tov required three specific mitzvah actions:

  1. From the words of the above-quoted posuk, “You should not appear before Hashem emptyhanded,” we derive that one is required to offer a korban olah when we appear in the Beis Hamikdash, called an olas re’iyah. This korban is completely consumed on the mizbeiach, except for its hide, which is given to the kohanim as one of the gifts that the Torah provides.
  2. The mitzvah of offering special korbanos shelamim in honor of the festival, called Chagigah or shalmei chagigah. Some of the meat of this korban goes to the kohanim, but most of it goes to the owners who serve it as part of their Yom Tov meals while in Yerushalayim. Any tahor Jewish person is permitted to eat from this korban.
  3. The mitzvah of simcha, which includes offering korbanos and eating their meat on each day of the festival, including chol hamoed. Since meat of korbanos may be eaten only in Yerushalayim, this means that, at the time of the Beis Hamikdash, the entire Jewish people spent the whole Yom Tov, including all the days of chol hamoed, in Yerushalayim.

One fulfills this latter mitzvah with any animal korban from which one is permitted to eat, including other korbanos that one must offer anyway (Mishnah, Chagigah 7b). In other words, one may wait to bring his other required korbanos, such as firstborn animals, maaser beheimah, donated shelamim offerings, and chata’os until Yom Tov, and offer them then, while one is in Yerushalayim anyway. When he offers them on Yom Tov, he may fulfill the requirement of consuming shalmei simcha with the meat of these korbanos. (In the case of chata’os and similar korbanos, this approach can be used only by kohanim, since no one else is permitted to consume them.)

Rules of Har Habayis

One is required to be completely tahor when ascending the Har Habayis and to do so with complete awe of the sanctity of the place, and to act appropriately. Among the specific laws that apply on Har Habayis is a prohibition against wearing shoes and of carrying one’s wallet or money belt.

Exempt from Aliyah Laregel

Notwithstanding the words of the Torah that all the males should ascend the Har Habayis three times a year, Chazal derive that there is a long list of men who are exempt from fulfilling the mitzvos of re’iyah. This list includes:

  1. Difficulty in walking

Anyone who has difficulty walking is exempt from the mitzvah of Aliyah Laregel. This includes the elderly, the ill, someone with a lameness or injury in his legs, and even those who are unused to walking without shoes, since one is prohibited from wearing shoes on the Har Habayis (Chagigah 4a). Someone who can walk there only because he uses a prosthesis is also exempt from the mitzvah (Chagigah 3a; 4a). Similarly, someone who has discomfort in one leg, even if he has no discomfort in the other leg and can still walk, is also exempt (Chagigah 3a).

  1. Vision impaired

Anyone whose vision is impaired is exempt from the mitzvah. This includes someone who can see out of only one eye (Chagigah 4b).

  1. Hearing impaired

Someone who cannot hear, but can speak, or someone who can speak but not hear is exempt from the mitzvah of re’iyah, although they are obligated in simcha and indeed all other mitzvos of the Torah (Chagigah 2b). Also, someone who does not hear in one ear is exempt from re’iyah (Chagigah 3a).

All three of these categories of people who are exempt from the mitzvah of Aliyah Laregel and of offering the olas re’iyah and the shalmei chagigah are still obligated in the third mitzvah mentioned above, of partaking in korbanos simcha (Rambam, Hilchos Chagigah 2:4, based on Gemara Chagigah 4a). This is, of course, assuming that they went to Yerushalayim for Yom Tov, because one may eat these korbanos only there.

  1. Tamei

People who are tamei are exempt from fulfilling the mitzvah of Aliyah Laregel (Gemara Chagigah 4b; Tosefta Chagigah 1:1). Someone who is tamei is required to make himself tahor in order to fulfill the mitzvah of Aliyah Laregel. However, if he did not purify himself or was unable to do so, he is now exempt from the mitzvah, since as long as he is tamei he may not enter the Beis Hamikdash grounds. Indeed, someone who is tamei cannot fulfill the mitzvah of Aliyah Laregel, since he is not allowed to enter the Beis Hamikdash grounds (Rambam, Hilchos Chagigah 2:1).

There is a major difference between the various categories of exemptions from Aliyah Laregel. People excused from the mitzvah for medical reasons may perform the mitzvah, and if they do so, they will be rewarded as einam metzuvim ve’osim, those who perform a mitzvah that they are not obligated to perform. However, someone who is tamei is forbidden to participate in Aliyah Laregel, since doing so would cause him to violate the sanctity of the Beis Hamikdash. He should try to make himself tahor as soon as possible.

  1. Uncircumcised

There are specific situations in which someone is not obligated to have a bris milah performed, because of the danger that is involved. Although such a person is exempt from the mitzvah of bris milah, he is still not circumcised, and, as such, he is exempt from several of the Torah’s mitzvos, including the mitzvah of Aliyah Laregel. Similar to the person who is tamei, this individual is forbidden to observe the mitzvah.

Children

Although a child is not required to observe any mitzvah, Chazal required the father to see to it that he observe most mitzvos, in order to acquaint himself with keeping them. In this context, we find a dispute between Beis Shammai and Beis Hillel. Both schools hold that a father is required to have his minor son accompany him on the mitzvah of entering the Beis Hamikdash on Yom Tov. The question is: From what age is the father obligated to do so? According to Beis Shammai, the father is obligated to do so from when the child is old enough to ride his father’s shoulders, when the father walks from Yerushalayim to the Har Habayis.

We should be aware that the responsibility of a father to train his child to perform a mitzvah is only when the child will be obligated to fulfill that mitzvah when he becomes an adult. Thus, regarding the mitzvah of Aliyah Laregel, should the child fit any of categories 1-3 above that exempt an adult from this mitzvah, the father is not obligated to bring the child with him when he is oleh regel (Rambam, Hilchos Chagigah 2:3).

Smelly professions

There are certain professions that leave their artisans with a malodorous odor. Tanners and copper smelters, for example, are surrounded by substances whose ill fragrance sometimes permeates their clothing and hair. Are they obligated in the mitzvah of Aliyah Laregel, or do we say that since their attendance might adversely affect other people required to observe the mitzvah that they are exempt? This question is discussed by the Gemara (Chagigah 4a). The Rambam (Hilchos Chagigah 2:2) concludes that they are required to clean themselves and their clothes fully and fulfill the mitzvah of Aliyah Laregel.

Yizkor and Aliyah Laregel

I mentioned previously the posuk from parshas Re’eih (Devorim 16:16), in which the Torah specifies that each person is obligated to donate according to the bounty that Hashem has provided him. At this point, I want to address one of our opening questions:

“Is there a reason why Yizkor is recited in Eretz Yisroel in the middle of the Simchas Torah davening?”

To answer this question, we need to explore the history of this prayer. Yizkor is a custom that began among Ashkenazim in chutz la’aretz and is recited four times a year: on Yom Kippur, the eighth day of Pesach, the second day of Shavuos and on Shemini Atzeres. Why specifically on these four days?

On all of these days, there was a custom to make donations to tzedakah, and, at one point, there became established an idea of reciting a prayer that the tzedakah donated should serve for the benefit of one’s departed parents and other relatives. On Yom Kippur, it is obvious why special donations were made to tzedakah, but why specifically on the three days of Yom Tov mentioned above, as opposed to the other days of Yom Tov?

The answer is that in chutz la’aretz, the reading for these three yomim tovim — the eighth day of Pesach, the second day of Shavuos and Shemini Atzeres — is in parshas Re’eih, and the last posuk of the reading states: “Each man should bring with him according to the bounty that Hashem your G-d has provided you.” Although the literal meaning of the posuk refers to the amount one should spend on the korban olas re’iyah, it certainly can be understood to include gifts for tzedakah, and indeed that became an accepted practice. The people made donations to tzedakah, but decided to have them as an iluy neshamah, an elevation for the souls of their departed relatives. (By the way, in some German communities, there was no minhag of Yizkor and instead, they observed a different practice on those days, called matanas yad.)

When the Ashkenazim began returning to Eretz Yisroel in the nineteenth century, they realized that in Eretz Yisroel, there is no eighth day of Pesach or second day of Shavuos, and the day that is called Shemini Atzeres in chutz la’aretz is called and observed as Simchas Torah, when we read parshas Vezos Haberacha and the beginning of Bereishis. Thus, parshas Re’eih is never read on Yom Tov.

Because people did not want to lose this beautiful minhag of reciting Yizkor, they continued to observe the practice on the day of Yom Tov closest to those days, that is, on the seventh day of Pesach, Shavuos, and on Simchas Torah.

Beloved servants

We have discussed some of the laws of the mitzvah of Aliyah Laregel, a topic that we will continue to discuss in a future article, when we will iy”H answer the remaining of our opening questions. Contemplating this special mitzvah of Aliyah Laregel should give every one of us chizuk. Consider that Hashem Yisborach commanded us to come to the Beis Hamikdash “in order to be seen.” The message here is that we are His beloved servants and He desires to see us, as it says in the Gemara (Chagigah 4b), “A servant whom his master desires to see.” Furthermore, the Gemara describes Klal Yisroel as “the servant whom the master desires to eat at his table.”

May we soon merit fulfilling this mitzvah in the third Beis Hamikdash, may it be rebuilt speedily, and that Hashem should look upon us favorably! Wishing all of our readers, together with all of Klal Yisroel, a good Yom Tov!

 

Some of the Basics of Kashering

Question #1: Sandwich Maker

“Can I kasher my sandwich maker for Pesach in order to toast vegetables with it?”

Question #2: Better than Boil?

“Is there a way to kasher things that is safer than placing them in boiling water in an open pot?”

Introduction:

Halachah assumes that when cooking food, taste residue remains in the utensil that was used. When this flavor residue, which is called ta’am, comes from something prohibited, it must be removed to allow the utensil to be used again to prepare food. When the flavor is from meat, one must extract it before using the utensil for a dairy product,* if the flavor is from chometz, the utensil must be kashered before it can be used for Pesachdik products.

Although modern appliances are not mentioned in the Torah, the basic rules for kashering all appliances lie within a careful study of the passages of the Torah, the Gemara and the early authorities on this topic. The Chumash, itself, alludes to the halachic process used to kosher a utensil when it commands, kol davar asher yavo vo’eish ta’aviru vo’eish, “Any item that entered fire, shall be passed through fire” (Bamidbar 31:23), thereby implying that kashering an appliance that became non-kosher through direct contact with a flame requires burning the appliance in a flame — no other cleaning process will sufficiently kosher this appliance.

Shabbos Hagadol

One of our responsibilities prior to Pesach is to ascertain that we know how to kasher our homes correctly. The piyutim that were traditionally added to the prayers on Shabbos Hagadol include very detailed instructions on proper kashering techniques, and we find that the baalei Tosafos discuss and correct the texts of the piyutim to accommodate the correct procedures. This week’s article will provide some introductory information to this topic, as we explore how the Gemara explains correct kashering procedures.

Let us begin by examining a passage of the Gemara that discusses kashering one’s house for Pesach. The Gemara (Pesachim 30b) quotes a beraisa (halachic source dating from the era of the Mishnah) that if beef fat was smeared onto the walls of an oven, kashering the oven to be pareve again requires firing up the oven, which means building a fire inside the oven. This heating of the oven burns out the residue of the meat fat that is absorbed into the oven walls. The Gemara then recounts that Ravina noted to Rav Ashi that the earlier amora, Rav, had declared that there is no way to kasher chometz-dik pots for Pesach-dik use. Ravina asked Rav Ashi why this was so: Why not simply fire up the pots to make them Pesachdik, just as one kashers an oven? Rav Ashi provided two answers to the question:

Metal vs. earthenware

(1) The beraisa that permits kashering an oven is referring to one made of metal, whereas Rav was discussing pots made of earthenware. Earthenware pots cannot be kashered, because once food flavor is absorbed into them, normal procedures will not physically remove the ta’am from the vessel. To quote the Gemara (Pesachim 30b, Avodah Zarah 34a), “The Torah testified that one will never be able to extract the flavor from the walls of an earthenware vessel.”

Ovens vs. pots

(2) Rav Ashi’s second answer is that an earthenware oven can be kashered by building a fire inside it, but not an earthenware pot. In those days, cooking was done by building a fire inside the oven and placing the pot inside or on top of the oven. This fire does not provide enough heat in the pot to remove the flavor (ta’am) that is absorbed inside it. Furthermore, building a fire inside the pot is also not a satisfactory method of kashering it. Chazal did not permit this method of kashering, because it may not be performed properly — the owner may be afraid that the pot might crack if it is heated long enough to kasher it (Rosh and Rabbeinu Chananel ad locum; cf. Rashi, who explains the Gemara somewhat differently.) This concern does not exist regarding an oven, presumably because this is the usual way of heating it.

Some basic rules

From this short passage of Gemara, we can derive some basic rules of kashering:

  1. When a concern exists that a particular method of kashering may break an appliance, Chazal prohibited using that method. There are many, many instances where this halachah is put into practice.

One example of this is our opening question. “Can I kasher my sandwich maker for Pesach in order to toast vegetables with it?”

Any method that might kasher the sandwich maker would very possibly ruin the machine. Therefore, it is not possible to kasher it for Pesach use.

  1. Earthenware has different properties from those of metal items, resulting in differences in halachah. Regarding metal and other types of items, there is a principle of kebol’o kach polto, that one extracts from a utensil prohibited flavor the same way the flavor was absorbed into the appliance. From the passage of Gemara quoted above, we see that there are exceptional cases when this principle does not apply. Materials such as earthenware can absorb substances that will not be removable afterwards. Rather than becoming completely extracted when one kashers them, some of the absorbed taste remains and gradually leaches out afterwards with each use, thus spreading prohibited flavor into all subsequent cooking (Tosafos, Chullin 8a s.v. Shelivna).

Exception – kiln kashering

Although the above-quoted passage of Gemara implies that earthenware pots cannot be kashered, Tosafos notes that this rule is not absolute — there is an acceptable way to kosher them. The Gemara (Zevachim 96a) implies that all earthenware vessels, even pots, can be kashered by firing them inside a kiln used for manufacturing earthenware (Tosafos, Pesachim 30b s.v. Hatorah). The intensity of heat in a kiln, which is far greater than the temperature used when baking or cooking in an earthenware oven, will remove the non-kosher or chometz-dik absorption from the walls. Furthermore, we are not afraid that someone will not kasher the utensil adequately out of concern that it will crack, because heating in a kiln is consistent on all sides and will not cause the utensils to crack (Rosh). It is uneven heating that damages the vessel.

There is an alternative explanation for why there is no concern that the owner will not kasher his pot adequately inside the kiln for fear that it will crack. In this instance, we feel that the owner will allow the pot to remain inside long enough to kasher properly because once the owner has placed the pot inside a kiln, this demonstrates that he has no concern about the pot breaking. This halachic conclusion is followed by the Shulchan Aruch (Orach Chayim 451:1).

Purchase from gentile

We will now examine a different passage of Gemara to learn more about the rules of the kashering procedure.

The Mishnah (Avodah Zarah 75b) teaches that upon purchasing used kitchen equipment from a gentile, one kashers the equipment via one of the following procedures:

1) That which is usually used for cooking in liquid medium must be kashered in hot water, which is called hag’alah.

2) That which is used to broil or roast food directly in fire must be kashered directly in fire, called libun. As examples of the latter rule, the Mishnah chooses a barbecue spit and a grate used for roasting. Since these appliances absorbed non-kosher ta’am directly through fire, they must be kashered by burning them in fire.

Kebol’o kach polto

From this Mishnah, we learn a new rule – that there is a hierarchy in kashering. If an appliance absorbed flavor directly through fire, boiling it will not remove the residues of prohibited substance sufficiently to kasher it. This explains in more detail the rule I mentioned above, called kebol’o kach polto, which teaches that extracting food residue requires the same method that caused the absorption initially, or a method that is more intense, as I will explain shortly. Therefore, if a prohibited food was cooked in a pot, it can be kashered by hag’alah, which is a method of boiling out what was absorbed. However, if a spit or rack absorbed prohibited food directly through fire and not through a liquid medium, hag’alah will not suffice to kosher it.

Libun versus hag’alah

It is axiomatic that a stronger method of kashering will work for vessels requiring a lower level of kashering (for items other than earthenware). Thus, a metal pot used to cook non-kosher can be kashered by libun, although it is not necessary to use this method.

Iruy, miluy ve’iruy

There are other methods of kashering, such as iruy, which means pouring boiling water onto an item or surface, and miluy ve’iruy¸ which means submerging an appliance in water for three 24 hours periods. In this article, we will not discuss these methods of kashering.

How long?

At this point, we are ready to go to the next step in understanding how to kasher properly. The first question we will explore is germane to kashering directly by fire, which is called libun. The question is: How long must the spit or rack be held in a fire for it to be kashered? At what point can we assume that all the prohibited absorption will be removed?

We find two statements of the Gemara answering this question, one in the Talmud Yerushalmi and the other in the Talmud Bavli. The Talmud Yerushalmi (end of Avodah Zarah) states that one must heat it until sparks begin to shoot off. The Talmud Bavli (Avodah Zarah 76a) explains that you must keep it in the fire “until you remove the surface.” In practice, the halachah is that one needs to heat it until sparks shoot off (Shulchan Aruch, Orach Chayim 451:4).

Summing up

To sum up: From these two passages of Gemara, we have learned three basic rules of kashering:

  1. Removing the residue of a prohibited substance from an appliance requires performing on it a procedure that is similar to or stronger than what caused the absorption in the first place.
  2. When a concern exists that a particular method of kashering may break an appliance, one may not kasher it that way.
  3. One cannot kasher earthenware items through conventional household methods.

Contradiction

However, a different Mishnah seems to dispute one of the principles that we have just explained. The Torah teaches that there is a mitzvah to eat parts of the korbanos offered in the Beis Hamikdash, but that there is a time limit within which they may be eaten. After the korban’s time limit has passed, the leftover meat is called nosar, literally, leftover, and must be burnt. Eating it after this time violates a serious prohibition of the Torah.

What happens to the equipment used to cook the korban? The leftover flavoring remaining in the equipment becomes nosar and the equipment must be kashered. This means, essentially, that equipment used to prepare kodoshim must constantly be kashered.

How does one kasher the equipment? One would think that we would apply the same rules presented by the above-mentioned Mishnah in Avodah Zarah. However, the Mishnah states that a grill used to barbecue a korban requires only hag’alah (Zevachim 97a). This suggests that there is a one-size-fits-all approach to kashering – and that hag’alah can be used to kasher anything, even that which absorbed the food directly via fire. This approach does not fit the rule of kebol’o kach polto discussed above.

As you can imagine, we are not the first ones to raise this question. The Gemara (Avodah Zarah 76a) does, and provides several answers. The conclusion of the Gemara is that when the prohibited substance was permitted at the time of absorption, a concept that the Gemara calls heteira bala, hag’alah is sufficient to kasher it. The absorption of korban meat in equipment qualifies as heteira bala because, until the time that it becomes nosar, it is permitted to eat the meat; therefore, hag’alah suffices.

The opposite of heteira bala is issura bala, which means that the food was prohibited at the time that the absorption took place. The Mishnah in Avodah Zarah discussing used equipment purchased from a gentile is teaching the laws regarding issura bala.

Heteira bala

Why does heteira bala create a basis to be more lenient?

Some explain this phenomenon as follows: When prohibited substance is absorbed through a medium, such as by cooking in water, hag’alah, boiling out the non-kosher vessel, will remove all of the prohibited substance. However, when the substance absorbed directly by fire, boiling it will not remove all of the prohibited substance. Nevertheless, it does remove most of the substance. When the vessel initially cooked non-kosher, non-kosher food absorbed into it and must be fully removed. But when the absorbed substance was kosher at the time that it absorbed, the residue left over after the pot was boiled is not enough to be considered non-kosher.

Kashering from fleishig

The Gemara mentions the concept of heteira bala relative to the absorption of permitted kodoshim, which will later become prohibited nosar. It is obvious that if one has equipment that absorbed fleishig residues and one wants to make it pareve, this is a case of heteira bala and will require only hag’alah. Here is an actual example:

In a food service operation, some pareve baking trays had mistakenly been used to bake chicken. Assuming that the chicken was placed directly onto the trays, one might think that kashering these trays would require libun, since the absorption was direct from the meat into the tray, without any liquid medium. However, because of the principle of heteira bala, only hag’alah was required.

Is chometz considered heteira bala?

Since chometz is permitted to be eaten anytime but Pesach, it would seem that chometz should be considered heteira bala. This would mean that kashering chometz equipment for Pesach use would never require more than hag’alah. However, we find that there is a dispute among halachic authorities whether chometz is considered heteira bala or issura bala. Those who follow the stringent approach rule that at the time of its use, chometz is what was absorbed into the walls of the pot, and chometz may not be used on Pesach. The concept of heteira bala is applicable, in their opinion, to kodoshim products since, at the time that the grills were used, they were not nosar. They could not become nosar afterwards since the small remnant remaining after the hag’alah will not be considered nosar.

Whether chometz is considered heteira bala or not is very germane in practical halachic terms. If it is considered heteira bala, then hag’alah will suffice to kasher all items for Pesach, and one is never required to kosher items with libun to make them Pesachdik.

How do we rule?

Both the Shulchan Aruch and the Rema (451:4) conclude that chometz is considered issura bala. Therefore, one cannot kosher a grill used for chometz through hag’alah, but it requires libun. However, in case of major financial loss (hefsed merubeh), one may rely on the opinion that chometz is heteira bala (Mishnah Berurah 451:32, citing Elya Rabbah and Gra).

Libun kal

So far we have discussed kashering through libun, by means of a high temperature of direct fire. We have also discussed hag’alah, which is kashering through boiling in water. The rishonim discuss an in-between method of kashering, which is called libun kal, easier libun. Libun kal also uses direct heat to kasher, but it does not reach as high a temperature as does the libun we have been referring to until now, which is sometimes called libun chamur, strict libun, to avoid confusion. Libun kal is defined as heating metal hot enough that one sees that the heat has permeated through the metal fully (Mordechai, Avodah Zarah, end of 860). An alternative definition is that it is hot enough to burn straw. The poskim rule that when hag’alah would be sufficient to kasher, one may use libun kal as an alternative, but that it should not be used when there is a requirement to kasher via libun chamur (Mordechai, Avodah Zarah, end of 860).

How hot is libun kal?

At what temperature does straw burn? Based on experiments that he himself conducted, Rav Yisroel Belsky concluded that this is accomplished by a combination of temperature and time. His conclusion was that an oven heated to 550° F takes an hour to burn paper, at 450° it takes 1½ hours and at 375° it takes 2 hours. Thus, kashering with libun kal would require a longer amount of time at lower temperatures. We can thus answer another of our opening questions:

“Is there a way to kasher things that is safer than placing them in boiling water in an open pot?”

The answer is that since libun kal can be used whenever hag’alah suffices, one could kasher any items that require hag’alah by libun kal in a household oven, if one keeps the item in the oven long enough.

Conclusion

This article has provided a small introduction to some of the ideas of kashering, particularly to the concepts of libun and hag’alah. We have not yet dealt with several other types of kashering, including iruy, kli rishon, and miluy ve’iruy, all of which we will need to leave for a future time. We should always hope and pray that the food we prepare fulfills all the halachos that the Torah commands us.

* There is discussion among the halachic authorities whether one may kasher an appliance that is fleishig to use with dairy and vice versa. We will leave the discussion of that topic for a different time.

 

Many other articles germane to Pesach are available on this website. You can find them using the search words matzoh; chol hamoed; chometz; ga’al yisroel; hallel; omer.

Missing the Reading

Question #1: The Missing Speaker

The audience waited patiently for the guest speaker from America who never arrived, notwithstanding that he had marked it carefully on his calendar and was planning to be there. What went wrong?

Question #2: The Missing Reading

“I will be traveling to Eretz Yisroel this spring, and will miss one of the parshiyos. Can I make up the missing kerias haTorah?”

Question #3: The Missing Parshah

“I will be traveling from Eretz Yisroel to the United States after Pesach. Do I need to review the parshah twice?”

Question #4: The Missing Aliyah

“May I accept an aliyah for a parshah that is not the one I will be reading on Shabbos?”

Introduction:

The Jerusalem audience is waiting for the special guest speaker. The scheduled time comes and goes, and the organizer is also wondering why the speaker did not apprise him of a delay. Finally, he begins making phone calls and discovers that the speaker — is still in Brooklyn!

What happened? Well… arrangements had been made for the speaker to speak on Wednesday of parshas Behar. Both sides confirmed the date on their calendars — but neither side realized that they were not talking about the same date!

This year we have a very interesting phenomenon that affects baalei keriyah, calendar makers, those travelling to or from Eretz Yisroel, and authors whose articles are published in Torah publications worldwide. When Acharon shel Pesach falls on Shabbos in a leap year, there is a difference in the weekly Torah reading between what is read in Eretz Yisroel and what is read in chutz la’aretz – for a very long period of time – over three months  – until the Shabbos of Matos/Masei, during the Three Weeks and immediately before Shabbos Chazon. Although Acharon shel Pesach falls on Shabbos fairly frequently, most of the time this is in a common year, and the difference between the observances of chutz la’aretz and of Eretz Yisroel last for only a few weeks. The last time Acharon shel Pesach fell on Shabbos in a leap year was back in 5755.

Why the different reading?

When the Eighth Day of Pesach, Acharon shel Pesach, falls on Shabbos, in chutz la’aretz, where this day is Yom Tov, we read a special Torah reading in honor of Yom Tov that begins with the words Aseir te’aseir. In Eretz Yisroel, where Pesach is only seven days long, this Shabbos is after Pesach (although the house is still chometz-free), and the reading is parshas Acharei Mos, which is always the first reading after Pesach in a leap year (Shulchan Aruch, Orach Chayim 428:4). On the subsequent Shabbos, the Jews of Eretz Yisroel already read parshas Kedoshim, whereas outside Eretz Yisroel the reading is parshas Acharei Mos, since for them it is the first Shabbos after Pesach. Until mid-summer, chutz la’aretz will consistently be a week “behind” Eretz Yisroel. Thus, in Jerusalem, the Wednesday of parshas Behar is the 10th of Iyar or May 18th. However, in chutz la’aretz, the Wednesday of parshas Behar is a week later, on the 17th of Iyar or May 25th.

This phenomenon, whereby the readings of Eretz Yisroel and chutz la’aretz are a week apart, continues until the Shabbos that falls on August 6th. On that Shabbos, in chutz la’aretz parshiyos Matos and Masei are read together, whereas in Eretz Yisroel that week is parshas Masei, parshas Matos having been read the Shabbos before.

The ramifications of these practices affect not only speakers missing their engagements, and writers, such as myself, who live in Eretz Yisroel but write parshah columns that are published in chutz la’aretz. Anyone traveling to Eretz Yisroel during these three months will miss a parshah on his trip there, and anyone traveling from Eretz Yisroel to chutz la’aretz will hear the same parshah on two consecutive Shabbosos. Those from Eretz Yisroel who spent Pesach in chutz la’aretz discover that they have missed a parshah. Unless, of course, they decide to stay in Eretz Yisroel until the Nine Days. But this latter solution will not help someone who is living temporarily in Eretz Yisroel and therefore observing two days of Yom Tov. Assuming that he attends a chutz la’aretz minyan on Acharon shel Pesach, he will miss hearing parshas Acharei Mos.

Several halachic questions result from this phenomenon: Is a traveler or someone who attended a chutz la’aretz minyan on Acharon shel Pesach required to make up the missed parshah, and, if so, how? During which week does he review the parshah shenayim mikra ve’echad Targum? If he will be hearing a repeated parshah, is he required to review the parshah again on the consecutive week? Can he receive an aliyah or “lein” on a Torah reading that is not “his” parshah?

Why doesn’t chutz la’aretz catch up earlier?

First, let us understand why this phenomenon lasts for such a long time! After all, there are numerous weeks when chutz la’aretz could “double up” two parshiyos and thereby “catch up” to Eretz Yisroel. Why don’t they double up Acharei Mos/Kedoshim the week after Pesach, or Behar/Bechukosei, which is only a few weeks later, rather than reading five weeks of sefer Vayikra and virtually all of sefer Bamidbar before straightening out the problem?

As you can imagine, we are not the first to raise this question. The question is discussed by one of the great sixteenth-century halachic authorities, the Maharit (Shu”t Maharit, Volume II, Orach Chayim #4). He answers that the reason why chutz la’aretz does not double the parshah earlier is because this would make Shavuos fall earlier than it should, relative to the parshiyos. Ideally, Shavuos should be observed between Bamidbar and Naso, and combining either Acharei Mos with Kedoshim, or Behar with Bechokosai pushes Shavuos until after parshas Naso.

Shavuos after Bamidbar

Why should Shavuos be after Bamidbar? The Gemara establishes certain rules how the parshiyos should be spaced through the year. The Gemara (Megillah 31b) explains: Ezra decreed that the Jews should read the curses of the tochacha in Vayikra before Shavuos and those of Devarim before Rosh Hashanah. Why? In order to end the year together with its curses! [The Gemara then comments:] We well understand why we read the tochacha of Devarim before Rosh Hashanah, because the year is ending, but why is that of Vayikra read before Shavuos? Is Shavuos the beginning of a year? Yes, Shavuos is the beginning of a new year, as the Mishnah explains that the world is judged on Shavuos for its fruit”.

We see from this Gemara that we should plan the parshiyos in such a way that we read from the beginning of Bereishis, which we begin on Simchas Torah, until parshas Bechukosai at the end of Vayikra before Shavuos. We then space our parshiyos so that we complete the second tochacha in parshas Ki Savo before Rosh Hashanah.

One week or two?

However, this Gemara does not seem to explain our practice. Neither of these parshiyos, Bechukosai or Ki Savo, is ever read immediately before Shavuos or Rosh Hashanah. There is always at least one other Shabbos wedged between. This practice is already noted by Tosafos (Megillah 31b s.v. Kelalos). The Levush (Orach Chayim 428:4) explains that without the intervening Shabbos as a shield, the Satan could use the tochacha as a means of accusing us on the judgment day. The intervening Shabbos, when we read a different parshah, prevents the Satan from his attempt at prosecuting, and, as a result, we can declare: End the year together with its curses!

The Maharit explains that not only should we have one intervening Shabbos between the reading of the tochacha and the judgment day, we should preferably have only one Shabbos between the two. That is why chutz la’aretz postpones doubling a parshah until after Shavuos. (Indeed, parshas Naso is read in Eretz Yisroel before Shavuos in these years, but that is because there is no better option. In chutz la’aretz, since one can have the readings occur on the preferred weeks, Shavuos is observed on its optimal Shabbos reading.)

Why not Chukas/Balak?

However, the Maharit points out that this does not explain why the parshiyos of Chukas and Balak are not combined, although he notes that, in his day, some communities indeed did read the two together when Acharon shel Pesach of a leap year fell on Shabbos. The Syrian communities followed this practice and in these years combined parshiyos Chukas and Balak together, and read Matos and Masei on separate weeks. There is no Jewish community in Syria anymore today that reads kerias haTorah according to this custom – for that matter, there is unfortunately no longer any Jewish community in Syria that reads kerias haTorah according to any custom. I am under the impression that the communities of Aleppo Jews currently living in Flatbush and in Deal, New Jersey, do not follow this approach, notwithstanding their strict adherence to the customs that they have practiced for centuries. I am not familiar with the custom of other Syrian communities.

To explain the common custom that does not combine the parshiyos of Chukas and Balak, the Maharit concludes that, once most of the summer has passed and the difference is only what to read on three Shabbosos, we combine Matos with Masei which are usually combined, rather than Chukas and Balak, which are usually separate. The two parshiyos, Matos and Masei, are almost always read together, and are separated only when the year requires an extra Shabbos reading, as it does this year in Eretz Yisroel. Truthfully, we should view Matos and Masei as one long parshah (making the combination the largest parshah in the Torah) that occasionally needs to be divided, rather than as two parshiyos that are usually combined.

One could explain the phenomenon more simply: Matos and Masei are read on separate weeks only when there simply are otherwise not enough readings for every Shabbos of the year.

In these occasional years when Matos and Masei are read separately, parshas Pinchas falls out before the Three Weeks — and we actually get to read the haftarah that is printed in the chumashim for parshas Pinchas, Ve’yad Hashem, from the book of Melachim. In all other years, parshas Pinchas is the first Shabbos of the Three Weeks, and the haftarah is Divrei Yirmiyahu, the opening words of the book of Yirmiyahu, which is appropriate to the season. The printers of chumashim usually elect to print Divrei Yirmiyahu as if it is the haftarah for parshas Matos, and then instruct you to read it, on most years, instead as the haftarah for Pinchas. It is actually more logical to label Divrei Yirmiyahu as the hatarah appropriate for the first of the Three Weeks, and to print both Ve’yad Hashem and Divrei Yirmiyahu after Pinchas; Ve’yad Hashem for the occasional year when Pinchas falls before the 17th of Tamuz, and Divrei Yirmiyahu for the far more frequent year when it falls after, and instruct people that when there is a haftarah to be read just for parshas Matos, they should read Divrei Yirmiyahu which is located as the second haftarah printed after parshas Pinchas. But, then, the printers do not usually ask me what to do, electing instead to mimic what previous printers have done. This phenomenon affects practical halachah, but that is a topic for a different time. However, the printers’ insistence to call Ve’yad Hashem the “regular” haftarah for parshas Pinchas has led to interesting questions.

This article will be continued next week.

 

Medicines for Pesach

medicineQuestion #1: The Ubiquitous Lists

“Why do we have lists of acceptable medicines for Pesach? Aren’t they all inedible?”

Question #2: Leavening Forever!

“Is leavened dough always chometz?”

Question #3: The Spoiler

“Do prohibited foods remain so after they spoil?”

Introduction

As we all know, the Torah prohibits eating, using or even owning chometz on Pesach. But do these laws apply to something that is no longer edible? May I swallow it as medicine? Understanding properly the source material is our topic for this week’s article.

We should first note that many of these issues are germane not only to chometz, but also in regard to all foods that the Torah prohibits (issurei achilah): Does the Torah ban them even after they have become inedible? Can this be considered eating? And, assuming that the Torah does not prohibit them, are they perhaps forbidden because of a rabbinic injunction? Furthermore, if they were proscribed due to a rabbinic decree, perchance some exemption was provided for a medical reason, even when it is not pikuach nefesh, a life-threatening emergency.

Pikuach nefesh

It is important to point out that most of our discussion is not about instances of medicines necessary because of pikuach nefesh. With very few exceptions, an emergency that might endanger someone’s life, even if the possibility is remote, requires one to take whatever action is necessary, including consuming non-kosher food and benefiting from prohibited substances. We will return to this discussion later in this article, but only after we understand the basic principles.

Unusual benefits

A question similar to what was raised above — whether non-kosher foods that are now inedible remain prohibited — relates to items from which the Torah prohibited benefit (issurei hana’ah), such as the mitzvah of orlah. Does this prohibition apply only if one benefits from orlah fruit the way people typically utilize the forbidden item, such as by selling it or by polishing furniture with orlah lemon juice, or does the prohibition apply even to using the item in an unusual way, such as by taking edible fruit and using it as an ointment?

Unusual eats

Let us begin our search with the original Gemara sources of this discussion, which provides the following statement: 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). We will discuss shortly whether there is a rabbinic prohibition involved in eating this food.

The same rule applies regarding eating on Yom Kippur. For example, someone who drank salad dressing on Yom Kippur is not punished for violating the Torah’s law requiring one to fast, because this is not a typical way to eat (Yoma 81a). However, someone who dipped food into salad dressing and ate it violates the Torah laws of Yom Kippur also for the dressing, since this is a normal way of consuming it.

Bad benefits

Similarly, when the Torah prohibits issurei hana’ah, they were usually prohibited min hatorah only when used the way the substance is typically used. However, using the material in an abnormal way, such as by smearing an orlah fruit on his body as an ointment, is not proscribed by the Torah, but only because of an injunction introduced by the Sages, an issur derabbanan. Such an atypical benefit is called: shelo kederech hana’asah.

Rubs me the wrong way

Since the prohibition of benefiting in an unusual way is rabbinic, it is relaxed when there is a medical reason to do so, even when no life-threatening emergency exists. These principles are reflected by the following Talmudic passage:

Mar the son of Rav Ashi found Ravina rubbing undeveloped orlah olives onto his daughter, who was ill. Whereupon Rav Ashi asked Ravina why he did this since the disease was not life threatening? Ravina responded that using the fruit this way is considered unusual because people typically wait until the olives ripen before extracting their oil. Since this is not the normal way to use the olives, the prohibition to use orlah fruit this way is only miderabbanan, and in the case of medical need Chazal were lenient (second version of Pesachim 25b, see Rashi ad locum and Tosafos, Shavuos 22b s.v. aheitera and 23b s.v. demuki).

To sum up: We have established that both issurei achilah and issurei hana’ah are prohibited min hatorah only when they are eaten or used in the way that someone would typically consume them or benefit from them. Benefiting from issurei hana’ah in an atypical way is prohibited miderabbanan; however, the Sages permitted this to be done when a medical need exists. We do not yet know whether this ruling holds true also regarding someone who needs to eat something that is not typically eaten.

Now that we have established some of the basic principles, let us examine some rules specific to the prohibition of chometz that will help us answer our original questions.

When is it no longer chometz?

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).

This is true only when the chometz was rendered inedible before Pesach. The Gemara (21b) states that if chometz became burnt before the time on Erev Pesach when one is prohibited from owning it, one may benefit from it even on Pesach. If it was still chometz when Pesach arrived, and it was destroyed or rendered inedible in the course of Yom Tov, it is prohibited from benefit on Pesach (Pesachim 21b).

We will see shortly that there are instances when it is permitted to own and use chometz on Pesach even though it is still edible. But first, we need to explain an important principle.

What is sourdough?

The Torah explicitly prohibits possessing on Pesach not only chometz, but also sourdough (Shemos 12:15, 19; 13:7; Devarim 16:4). What is sourdough? It is dough left to rise until it has become inedible. However, it can be used as a leavening agent added to other dough to cause or hasten fermentation. Since sourdough originates as chometz and can produce more chometz it shares the same fate as chometz – one may not consume, use, or even own it on Pesach. (By the way, although yeast has replaced sourdough as the commonly used fermentation agent, sourdough is often used today in rye breads and other products to impart a certain desired flavor.) This halachah implies that something may no longer be edible and yet still be prohibited as chometz.

Can sourdough go sour?

I mentioned above that once chometz is no longer edible for a dog, it loses its status as a prohibited substance. Does this law apply also to sourdough? Although a Jew may not own or use inedible sourdough on Pesach, does this prohibition apply only to what a dog would eat? May one own and use sourdough on Pesach that decomposed to the point that a dog would not eat it?

These questions are the subject of a disagreement among the rishonim. Many authorities permit owning sourdough that would no longer be eaten by a dog, whereas others, such as the Raavad (Hilchos Chometz Umatzoh 1:2), proscribe owning over-soured dough on Pesach. Those who forbid it do so because sourdough is never considered an edible product, yet the Torah banned it because of its facility as a leavening agent, which is not harmed by its becoming inedible. Edibility, whether for man or beast, is only a factor when we are defining prohibited foods, but not when the Torah forbade an item that was never a food to begin with.

The later authorities dispute which way we should rule in this last matter. See the Biur Halachah 442:9 s.v. Chometz who quotes much of the dispute.

When is edible chometz permitted?

We have so far established that although chometz that a dog would not eat is no longer forbidden as chometz, sourdough that a dog would not eat might still be prohibited. However, there is a major exception to this rule – that is, there are instances when chometz may not have reached the level of nifsal mei’achilas kelev, and yet one may own it and even use it on Pesach. This exception is when the chometz is no longer considered to have any food use, notwithstanding that it is technically still edible. Here is the germane passage of Gemara:

Rabbi Shimon ben Elazar says one must destroy chometz only as long as the bread or the sourdough still exists as a food. However, a block of sourdough that was designated to use for sitting is no longer considered chometz,  even when it is still edible (Pesachim 45b and Tosafos ad loc.).

How can one possibly own this sourdough on Pesach if a dog would still eat it?

When presenting this case as a halachic rule, the Rambam (Hilchos Chometz Umatzoh 4:10, 11) introduces us to a new term: nifsad tzuras hachametz, literally, its appearance as chometz is lost. The Chazon Ish (Orach Chayim 116:8) explains this to mean that since people are now repulsed to eat it or to use it in a food product, it is no longer halachically chometz since people no longer regard it as food. The same ruling applies to similar items whose use is not for food, such as chometz used in ointments or to starch clothes (Rambam, Hilchos Chometz Umatzoh 4:10; Rosh, Pesachim 3:5).

A sourdough cover-up

Although the Gemara concludes that we are not quite as lenient as is Rabbi Shimon ben Elazar, this is a question of degree, but not of basic principle. Whereas Rabbi Shimon ben Elazar permitted sourdough that one intends to use as a seat, the Gemara permits it only when the surface of the block is coated with a layer of dried mud. This demonstrates that it is now viewed as a piece of furniture (Rashi). The halachic authorities dispute to what extent one must coat the sourdough block, some ruling that it must be covered on all sides whereas others rule that it is sufficient if the top, the part that will be sat upon, is coated with mud (see discussion in Mishnah Berurah 442:42 and Shaar Hatziyun ad loc.).

Notwithstanding this dispute concerning how much of the block needs to be coated, all agree that the sourdough beneath the dried mud surface is still theoretically edible, yet one may own and use it on Pesach (Shaar Hatziyun 442:69). Since people no longer view this sourdough as food, it loses its status. As the Mishnah Berurah (442:41) emphasizes, our conclusion is that two steps must have occurred to this block before Pesach to permit owning and using it on Pesach:

  • The owner must have designated the sourdough as a seat.
  • Its surface was overlaid with mud.

The dispute among tanna’im regards only whether we require the second step, which Rabbi Shimon ben Elazar did not require.

At this point we can answer one of our opening questions:

“Is leavened dough always chometz?”

The answer is that there are two instances when it is not considered chometz anymore:

  • When it was rendered before Pesach so inedible that a dog would not eat it.
  • When it is being used for a non-food purpose and something has been done to it that makes people repulsed by the idea of eating it.

Eating spoiled chometz

We mentioned above the Gemara’s statement that chometz burnt before Pesach may be used on Pesach (Pesachim 21b). The wording of the Gemara causes the rishonim to raise the following question: Why does the Gemara say that one may benefit from the burnt chometz, rather than permit even 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, but 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 (e.g., Terumas Hadeshen #129; Taz, Orach Chayim 442:8; Magen Avraham 442:15; Shaagas Aryeh #75) follow the Rosh’s approach, prohibiting someone from ingesting inedible chometz because of this rabbinic prohibition.

Is chometz medicine prohibited?

With this lengthy introduction, we are now able to discuss the original question posed above: “Why do we have lists of acceptable medicines for Pesach? Aren’t they all inedible?”

I will now rephrase the question: 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.

  1. Taking medicine is not considered achshevei.

Rav Moshe Feinstein (Shu”t Igros Moshe, Orach Chayim 2:92) 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. (See also Shu”t Yechaveh Daas 2:60.)

  1. It depends on why the chometz is an ingredient.

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. There are also some authorities who contend that when a prohibited substance has a bitter ingredient added, it remains prohibited. I leave it for each individual to ask his or her own halachic authority to decide which approach they should follow. A lay person should not decide on his or her own not to take a necessary medicine without consulting with a rav or posek.

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 the other approach. In any situation such as this, this attitude will unfortunately cause great harm, since it can lead to feelings of conceit.

Pikuach nefesh medicine lists

There can be another situation in which it is important for a rav or posek to know whether a product contains chometz, but, personally, I would discourage making such a list available to lay people. The case is: Someone who is taking a pleasant-tasting food supplement containing chometz for a pikuach nefashos condition in which the chometz is not a necessary ingredient. Halachically, we should try to find for this person a non-chometz substitute. For example, many years ago, someone I knew used a medicine where the active ingredient required being dissolved in alcohol, which could be chometz. We arranged to have a knowledgeable pharmacist make a special preparation for Pesach using alcohol that was kosher lepesach. (It is humorous to note that the pharmacist used his home supply of kosher lepesach Slivovitz since it was the easiest available Pesach-dik alcohol, and the preparation did not require pure alcohol.)

Is it a good idea to make a medicine list available to the general public? We know of situations when lay people thought that a product may contain chometz and therefore refused to use it, which led to a safek or definite pikuach nefashos situation, itself a serious violation of halachah. Many rabbonim feel that these lists should be restricted to the people who understand what to do with the information – the rabbonim and the poskim.

Conclusion

According to Kabbalah, chometz is symbolic of our own arrogant selves. We should spend at least as much time working on these midos as we do making sure that we observe a kosher Pesach!

 

Magen Avos on Seder Night — Which Bracha Is First?

Many articles on various Pesach-related topics can be read or downloaded from the website RabbiKaganoff.com

You should be able to find them by checking the following search titles: Chol Hamoed, chometz, eruv tavshillin, duchen, family, hallel, kitniyos, korban pesach, matzoh, Pesach, wine, Yom Tov

If you do not go online or cannot locate them, please tell me which topics you would like and I’ll gladly e-mail them to you as attachments.

With my best wishes to all for a chag kosher vesomayach!

Rabbi Yirmiyohu Kaganoff

Magen Avos on Seder Night — Which Bracha Is First?

Question:

The gabbai of a local minyan calls with the following question: “I do not remember what we did the last time that Pesach began on Shabbos, but I need to know whether at night we say Hallel first or the bracha Magen Avos?”

Answer:

No doubt, many of our readers will assume that the gabbai is making a mistake — that we do not recite the bracha Magen Avos, also known as the bracha mei’ein sheva, when the first night of Pesach falls on Shabbos. However, as we will soon see, our gabbai may be well informed about the minhag in his community. A quiz question for the detectives among our readership is to figure out which community this is.

Seder on Shabbos?

The first day of Pesach falls on Shabbos on three of the fourteen schedules that our calendar year follows. It happens this year, and again in the years 5776, 5778, 5779 and 5782. After 5782, there will be a break for seven years until our Seder returns to Shabbos, but it will occur again three times in the subsequent eight years. (Our calendar does not allow the second day of Pesach to fall on Shabbos because this would cause the succeeding Hoshanah Rabbah to fall on Shabbos.)

The question raised by our gabbai reflects two different practices:  reciting the bracha mei’ein sheva on Seder night, which is not a common practice today, and reciting Hallel in shul on Seder night, which is practiced by Sefardim, Chassidim, and is almost universally followed in Eretz Yisrael. Before answering his question as to which one should be recited first, we need to study the sources of both practices.

What is the Bracha Mei’ein Sheva?

The bracha mei’ein sheva, literally, an abbreviation of the seven brachos, is recited after we conclude the Friday night Shemoneh Esrei, immediately after the congregation recites together the pesukim of Vayechulu. (Although, technically, the term Shemoneh Esrei is an inaccurate description of the Shabbos davening, since it has only seven, and not eighteen, brachos, I will still use the common term Shemoneh Esrei.) This bracha is called mei’ein sheva because it is a synopsis of the seven brachos that comprise the Shabbos tefillah. The gabbai above referred to the bracha as Magen Avos, which is a common colloquial way of referring to this bracha, based on its opening words.

Why did Chazal institute the Bracha Mei’ein Sheva?

In ancient times, the shullen were often located outside the towns in which people lived, and walking home from shul alone at night was dangerous. Chazal, therefore, instituted this bracha after davening, so that someone who arrived late and was lagging behind the tzibur in davening would not be left to walk home unescorted (Rashi, Shabbos 24b). The recital of the extra bracha delayed everyone’s departure, thus allowing time for the latecomer to complete davening (Mordechai, Shabbos #407; Ran; Meiri).

According to an alternative approach, the bracha mei’ein sheva is a form of repetition of the prayer. The individual who arrived late could listen to the chazzan’s recital of this bracha and thereby fulfill his responsibility to pray, even though the chazzan recited only one bracha, and the regular Shabbos tefillah is seven (Rav Natrunai Gaon, as explained by Gra, Orach Chayim 269:13).

Although our shullen are no longer located outside our cities, once Chazal established this bracha, we continue with the practice, just as, in the time of the Gemara, the bracha was recited even in places where a person could safely walk home from shul unaccompanied (Meiri, Pesachim 100b; Ran [on Rif, Pesachim 20a]; Ohr Zarua, Hilchos Erev Shabbos #20; Kolbo #11, 35).

Mei’ein Sheva instead of Kiddush

Yet another reason is presented why Chazal introduced mei’ein sheva. In ancient times, there were occasions when it was difficult to obtain wine, and mei’ein sheva was instituted as a substitute for reciting Kiddush Friday night over wine (Yerushalmi, Brachos 8:1 and Pesachim 10:2; this passage of Talmud Yerushalmi is quoted by Tosafos, Pesachim 106b s.v. Mekadeish).

Why do we not recite mei’ein sheva on weekdays?

If reciting mei’ein sheva was because of concern that returning from shul alone was unsafe, why did Chazal not introduce a similar prayer after weeknight maariv, so that a delayed individual was not placed in danger?

Some Rishonim explain that in the era when the shullen were located outside the cities, someone who was delayed on a weekday would not have attended shul, but would have come home directly and davened there. On Shabbos and Yom Tov, however, he would not have wanted to miss the davening in shul. On the other hand, other Rishonim (Rosh, Berachos 1:5; Tur, Orach Chayim 236) explain that the bracha of Yiru Eineinu, recited during weekday Maariv by Ashkenazim in chutz la’aretz, was instituted so that someone delayed for maariv not be left alone in shul.

Do we recite mei’ein sheva on Yom Tov?

The Gemara states that the prayer mei’ein sheva was instituted only on Friday evening, and not on Yom Tov evenings that did not fall on Fridays (Shabbos 24b). Why was mei’ein sheva not said on Yom Tov?

In the writings of the Rishonim, I found several answers to this question. One approach is that although the concern that someone may be left behind may have equally existed on Yom Tov, since the more common situation was on Shabbos, Chazal did not include Yom Tov in the takkanah (see Meiri, Shabbos 24b).

Another approach is that on Yom Tov eve, people arrived punctually for davening, and there was no concern about individuals remaining alone (Mordechai, Pesachim #611).

Based on the Yerushalmi that the reason for mei’ein sheva was because of the inavailability of wine, some later commentaries present a third reason why the takkanah was established only for Shabbos and not for Yom Tov. Since most authorities hold that Kiddush on Yom Tov is not required min haTorah (Maggid Mishnah, Hilchos Shabbos 29:18), Chazal did not create a takkanah to make sure that someone fulfill a mitzvah that is miderabbanan (Marei Kohen, Pesachim 117b).

Reciting mei’ein sheva when Yom Tov falls on Friday

Do we recite the bracha mei’ein sheva when Yom Tov falls on Friday? (This case actually happens at the end of this coming Yom Tov, since the Seventh Day of Pesach falls on Friday.) The reason for reciting mei’ein sheva on a regular Shabbos was because people would work late on Friday afternoon, and as a result would arrive late to shul Friday evening. However, when Friday was Yom Tov, there would be no reason for someone to be delayed. Nevertheless, the poskim rule that we should recite mei’ein sheva, even when Yom Tov falls on Friday, notwithstanding that the reason for the takkanah does not apply (Kolbo #52).

Thirteenth century zeal

Actually, the question regarding recital of mei’ein sheva when Yom Tov falls on Friday resulted in a very heated dispute during the era of the Rishonim. In the time of the Rivash, Rabbi Amram ben Meroam, a frequent correspondent of the Rivash, wrote him the following shaylah:

Reuven was the chazzan for the Friday night davening on a Shabbos that immediately followed Yom Tov. He began reciting mei’ein sheva, when Shimon reprimanded him, contending that one should not recite this bracha when Shabbos follows Yom Tov — since no one was working on Friday, the reason for the takkanah did not apply. Levi then got involved, saying that it is accepted that one does recite mei’ein sheva on Friday night following a Yom Tov. The shul then burst into a cacophony of voices, with Shimon’s and Reuven’s backers screaming at one another. Finally, Shimon shouted that Reuven was desecrating Hashem’s holy Name, since he was willing to recite a bracha in vain, and that if he did, Shimon would declare him to be in cherem, excommunicated! Reuven did recite the bracha mei’ein sheva, and a day later, opened his door to find Shimon and twenty of his backers there to notify him that he had been excommunicated! The Rivash was asked to rule whether Reuven was indeed in cherem because of Shimon’s declaration that he recited a bracha in vain, or, perhaps, Shimon should be placed in cherem for excommunicating someone without proper cause.

The Rivash ruled that Shimon was mistaken, and that one should recite mei’ein sheva when Shabbos follows Yom Tov. Therefore, he concluded that Reuven, who followed the correct halachah, could completely ignore the cherem placed on him. However, he also concluded that since Shimon thought he was acting correctly, we do not excommunicate Shimon for his actions (Shu’t HaRivash #34).

Yom Tov falls on Shabbos

When Yom Tov falls on Shabbos and we recite the bracha mei’ein sheva on Friday night, do we mention Yom Tov in the bracha mei’ein sheva?

The Gemara rules that when Yom Tov falls on Shabbos, the chazzan makes no mention of Yom Tov, since on Yom Tov we do not recite this bracha (Shabbos 24b).

Reciting mei’ein sheva on Shabbos Yom Kippur

Do we recite mei’ein sheva when Shabbos falls on Yom Kippur? Logically, there is a strong reason that we should not, since no one arrives that late to shul on Kol Nidrei night, and, furthermore, the many piyutim recited allow for ample time for someone to finish davening and not be left behind. Nevertheless, the poskim rule that we recite mei’ein sheva when Yom Kippur falls on Shabbos (Kolbo #70).

Mei’ein Sheva and Seder night

What is the halachah regarding reciting mei’ein sheva when Seder night falls on Shabbos?

In the context of a different issue, the Gemara (Pesachim 109b) refers to Pesach night as leil shimurim, the night in which we are protected from harm (see Maharsha ad loc.). This is based on the pasuk that concludes: He [Hashem] will not permit the destroyer to enter your homes (Shemos 12:42). For this reason, many Rishonim rule that there is no reason to recite the mei’ein sheva on Seder night, since even in the era when the shullen were located outside the cities, the individual who arrived late was not in any danger, since Hashem guards us this night (Tur, Orach Chayim 487, quoting Rabbeinu Nissim and the Baal HaItur; Shu’t HaRivash #34; Ritva, Rosh Hashanah 11b; Kolbo #35, 50; Meiri, Pesachim 109b and many others). (The Rabbeinu Nissim quoted here is Rabbeinu Nissim ben Yaakov of Kairouan, North Africa, who was a contemporary and correspondent of Rav Hai Gaon and is sometimes called Rav Nissim Gaon, and should not be confused with the much later Rabbeinu Nissim ben Reuven of Gerona and Barcelona, Spain, known predominantly as one of the main commentators on the Rif.)

The Tur cites no disputing opinion to this statement of Rabbeinu Nissim, although when the Beis Yosef discusses this halachah, he quotes the Abudraham, who cites a dispute about the practice and concludes that common practice is to recite mei’ein sheva on Seder night. This is curious, because the Abudraham lived in Spain, whereas his contemporary, the Tur, who lived in Spain at the same time, mentions only the practice of omitting mei’ein sheva on Seder night. Another early authority who reports that one should recite mei’ein sheva on Seder night is the Shibbolei HaLeket (#219).

Other reasons to omit mei’ein sheva

In addition to the reason mentioned by Rabbeinu Nissim to omit mei’ein sheva on Seder night, I also found several other reasons to explain why one should not recite it then:

(1) According to the opinion of the Yerushalmi that mei’ein sheva was instituted to guarantee that everyone fulfilled the mitzvah of Kiddush Friday night, some authorities note that on Seder night, everyone would have wine for Kiddush and the arba kosos, thus rendering the bracha unnececessary (Mar’ei Kohen, Pesachim 117b).

(2) Since no one is permitted to work erev Pesach afternoon, there is no reason to assume that someone would come to shul late on Seder night.

(3) Everyone comes to shul early on Seder night so that they can get home early and begin the Seder in a timely fashion.

(4) The prayer is delayed anyway Seder night, because of Hallel. (I found all three of these last reasons in the anthology Sefer HaTodaah.)

The Shulchan Aruch (Orach Chayim 487:1), mentions only the practice of omitting mei’ein sheva on Seder night, which became the most common accepted practice. However, there are many places that do say mei’ein sheva on the first night of Pesach. For example, the old custom in many German communities was to recite mei’ein sheva on Seder night. Similarly, the Kaf HaChayim (487:22) quotes several prominent Sefardic authorities, including the Rashash and Rav Chayim Palachi, who recited mei’ein sheva on Seder night. The Kaf HaChayim furthermore quotes that the Sefardic minhag in Yerushalayim follows the practice of the Arizal, who recited mei’ein sheva on Seder night, although I found other sources quoting the Arizal as holding that one should not recite mei’ein sheva on Seder night (Shiyurei Bracha, Orach Chayim 642; Chazon Ovadiah, Pesach pages 231 and 235). The Kaf HaChayim quotes the Rashash as contending that, since the Gemara does not mention that Pesach should be treated differently because it is leil shimurim, one should recite mei’ein sheva on Seder night.

The question raised by these authorities is that there are several other occasions when the reasons for reciting mei’ein sheva do not apply, such as when Yom Kippur falls on Shabbos, or when Yom Tov fell on Friday, and yet universal accepted practice is to recite mei’ein sheva on these occasions.

This last argument is countered by the Radbaz, who contends that when the original takkanah was made concerning mei’ein sheva, Chazal specifically exempted Seder night because it is leil shimurim, but they did not exempt any of the other dates mentioned (Shu’t HaRadbaz 4:16).

As a matter of practice, many congregations that follow the old German customs indeed recite the bracha of mei’ein sheva on Seder night, but other Ashkenazi communities do not. Among Sefardi authorities, Rav Ovadyah Yosef (Shu’t Yabia Omer 2:OC:25; 4:OC:21; Chazon Ovadyah) feels very strongly that one should not recite mei’ein sheva on Seder night, whereas Rav Ben Zion Abba Shaul ruled that each congregation should follow its custom (Shu’t Or LaTzion, Volume 3 page 174).

Thus, we see that, although the prevalent practice is to omit mei’ein sheva on Seder night, there are communities that do recite it. Now let us explain the other part of the question: “Which comes first, Hallel or the bracha mei’ein sheva?

Hallel in shul on Seder night

In several places, Chazal mention reciting Hallel in shul on the first night of Pesach. Why recite Hallel in shul, if we are going to recite it anyway, as part of the Seder? Several explanations are presented for this practice:

(1) In Chazal’s times, there were no siddurim, and therefore the common people davened together with the chazzan or by listening to the chazzan’s prayer. (This is one reason why the chazzan is called a shaliach tzibur, which literally translates as the emissary of the community, since he indeed prayed on behalf of many individuals.) On the days that we are required to recite Hallel, these people listened and responded to the chazzan’s Hallel, thereby fulfilling their mitzvah. However, how could they fulfill the mitzvah of reciting Hallel on Seder night when they were home? They did so by reciting Hallel together with the chazzan in shul, before coming home (see Gra, Orach Chayim 487).

(2) A different approach contends that the community recited Hallel in shul the first night of Pesach in order to fulfill the mitzvah with a large group. Although one may recite Hallel by oneself, reciting it communally is a greater observance of the mitzvah.

Hallel in shul without a bracha

Neither of these two approaches necessarily assumes that Hallel on Seder night requires a bracha. Indeed, the Chazon Ish recited Hallel in shul Seder night without reciting a bracha beforehand, and there are congregations in Bnei Braq that follow this approach.

Hallel Seder night with a bracha

(3) A third approach contends that the primary reason for reciting Hallel in shul is to recite a bracha beforehand. These poskim contend that Hallel at the Seder would require a bracha, if it were not interrupted by the meal. To resolve this predicament, Hallel is recited twice, once in shul with a bracha and without interruption, and then a second time, during the Seder. This is the prevalent practice by Sefardim, Chassidim, and the most common approach followed in Eretz Yisrael today (see Gra, Orach Chayim 487).

Now, the quiz question: Of what type of community is our gabbai a member? One finds the practice of reciting mei’ein sheva Seder night only among two communities: some Sefardim and some German kehillos. The German kehillos do not recite Hallel in shul Seder night, but the Sefardim universally do. Thus, our gabbai‘s community is a Sefardic congregation that has the practice of reciting mei’ein sheva Seder night.

Halachic conclusion

Someone creating a new kehillah and establishing new customs should certainly not recite mei’ein sheva on Seder night, since this is the opinion of most Rishonim, and is followed by the Tur, the Shulchan Aruch and the vast majority of later authorities. In addition, the rules of safek bracha lehakeil imply not to recite a bracha when there is a question whether one should do so or not. Nevertheless, in a congregation or community where the practice is to recite mei’ein sheva Seder night, one should do so before Hallel.

Mizmor Lesodah, Parshas Tzav and Erev Pesach

 

Admin note: We apologize for the delay in sending out this article. We are having a small problem with our server. However, it is still relevant for the remainder of this week.

IFQuestion #1: Korban Todah or bensching Goimel?

“Which is the better way to thank Hashem for a personal salvation, by reciting birchas hagomeil, or by making a seudas hodaah?”

Question #2: Bringing home the bread!

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

Question #3: Mizmor Lesodah and Pesach

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

Answer:

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

The Gemara cites this Psalm as the source for many of the laws of birchas hagomeil, the brocha we recite when surviving these calamities. Actually, someone who survived these predicaments should offer a korban todah, which is described in parshas Tzav. The birchas hagomeil is recited in place of the korban todah that we cannot bring, since, unfortunately, our Beis Hamikdash lies in ruin (Rosh, Brachos 9:3; Tur, Orach Chayim 219).

What are the unusual features of the korban todah?

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

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

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

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

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

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

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

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

Mizmor Lesodah

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

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

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

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

Mizmor Lesodah on Shabbos

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

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

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

Mizmor Lesodah on Chol Hamoed Pesach

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

Mizmor Lesodah on Erev Pesach

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

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

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

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

Mizmor Lesodah and our daily davening

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