Pesach – Page 4 – RabbiKaganoff.com

Indigestible Matzos, or Performing Mitzvos When Suffering from Food Allergies

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

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

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

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

PIKUACH NEFESH

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

NOT DANGEROUS BUT UNPLEASANT

However, must one observe these mitzvos when the situation is not life threatening, but is painful or affects one’s wellbeing? Must one always fulfill the mitzvah even though doing so is extremely uncomfortable or makes one unwell? As always, our column is not intended to provide psak halacha; that should be left for one’s personal rav. Our goal is to provide halachic background.

RABBI YEHUDAH’S HEADACHE

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

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

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

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

DERECH CHEIRUS

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

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

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

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

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

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

ALCOHOLIC CONTENT

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

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

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

DILUTING WINE

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

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

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

ARBA KOSOS SUBSTITUTES

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

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

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

SOME PRACTICAL SUGGESTIONS

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

WHAT ABOUT MATZOH?

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

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

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

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

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

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

DIFFERENCE BETWEEN MATZOH AND WINE

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

MATZOH:

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

ARBA KOSOS:

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

NON-WHEAT FLOURS

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

No discussion of this topic is complete without mention of the following responsum by the great nineteenth century authority, the Maharam Shik (Shu”t #260). Someone for whom eating matzoh or maror is potentially life threatening insisted on eating them at the Seder against the halacha. The Maharam Shik was asked whether this person should recite the bracha al achilas matzoh before eating the matzoh and al achilas maror before eating the maror!

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

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

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

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

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 machine, 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?

“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, simply flour and water, much detail is involved at every step to process it halachically correctly. The matzoh that we eat to fulfill the mitzvah on Seder night must be “guarded,” or supervised, to guarantee that it did not become chometz.

The mitzvah of matzoh on Seder night is fulfilled exclusively with matzoh produced lishmah – that is, protecting it from becoming chometz for the sake of 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 lisheim 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 one must have active concern that it not become chometz. 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 the earliest time the grain can usually 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 of the harvesting, but that it is satisfactory to use wheat that supervised only from the time of grinding. 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.

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. Furthermore, we cut the wheat in the afternoon of a dry day to allow the night’s dew to evaporate in the morning. Before cutting the wheat, someone checks to see that it has not yet sprouted. 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). According to the second opinion, harvesting lishmah requires that someone who is commanded to observe the mitzvah actually cuts the grain – and operating a large combine is technically equivalent to swinging a sickle.

Sometimes, it seems that life was simpler when people harvested wheat by hand. A friend of mine born in the Soviet Union once described how his father harvested wheat for matzoh baking with a hand sickle. 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 considered 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. Nowadays, matzoh sold as kosher l’pesach is supervised at least from the time it is ground. This should include care that the wheat was not soaked before it was ground, which is common practice 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 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, non-Pesach grains are covered with leaves before grinding in order that they should 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 (Gemara Pesachim 42a). 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.

The words mayim shelanu, which mean water that rested overnight, also translate as “our water.” This once led to a humorous incident recorded by the Gemara: When Rav Masneh told the public in Papunia that they must use mayim shelanu to bake their matzos, the following day a long line of people stood outside his door, requesting that he provide them with water to bake their Pesach matzos! At this point, he clarified to them that mayim shelanu means “water that rested” and not “our water” (Pesachim 42a).

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 the other parts of the bakery, warming dough before it is placed into the oven (Shulchan Aruch 459:1). Thus, one must construct a matzoh factory so that 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 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 only kosher bedei’eid (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 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. Even 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).

Certain 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 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 (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 I intended to use for 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.

At this point, I think we can begin to answer the second question:

“On this night of Pesach, some people eat only hand matzoh, others eat only machine-made machine, 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 their use. The two main protagonists in the original 1850’s controversy were Rav Shlomoh Kluger, Rav of Brody, and the Shaul Umeishiv, Rav Yosef Shaul Natanson. Both of these renowned poskim, as well as dozens of other great Rabbonim who became involved in this dispute, were gedolei yisroel. Unfortunately, the machlokes over the use of machine matzos became as heated as the temperature of the matzoh ovens, with each side issuing broadsides and rallying support from other rabbonim.

Rav Shlomoh Kluger opposed the use of machine-made matzoh on Pesach primarily because of the following three concerns:

1. The economic factor: He was concerned 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.

3. 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 making 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 only produces the very first action, and the rest happens on its own and is not considered 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:OC: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, OC#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 that 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 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 so that a minimal amount of dough adheres to equipment, and mashgichim can supervise that whatever dough sticks is swiftly removed. 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 only ate machine matzos on Pesach, as well as 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 uniformly 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 his hand matzoh, while beads of perspiration are falling into the matzoh. 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 do not rush to prepare our food quickly, on this night of Pesach we eat matzoh that is advertised as ‘18-minute matzoh.’ What do they mean that they are selling 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 since it was last 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 that 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:

“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. biGemara 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 the mitzvah 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.

Only the Choicest of Wine – What’s Best for Kiddush and Arba Kosos?

Yankel enters my study, with one of his inquisitive looks on his face.

“Rabbi,” he begins, “I have heard that it is best to use red, non-pasteurized wine at the seder. However, my father-in-law likes Chablis, which is a white wine, and my mother-in-law never drinks any wine. The grape juice she likes is from concentrate, and someone told me that one cannot use it for kiddush. What should I do?”

Knowing that Yankel likes very complete explanations, I prepared myself for a lengthy conversation.

“Let us divide your shaylah into its four constituent parts: Color, cooked (mevushal), alcohol, and concentrate. We’ll discuss each part of the shaylah separately and then we’ll see what is preferable to use.”

RED OR WHITE

The Gemara (Bava Basra 97b) quotes the following discussion: Rav Kahana asked Rava “May one use chamar chivaryin, white wine.” Rava answered him by quoting a pasuk in Mishlei (23:31), “Do not pay attention to how red your wine becomes,” (meaning focus your life on permanent, spiritual values and not on the transient and physical). The pasuk implies that the redder the wine, the better its quality.

This Gemara, which is discussing the requirements of wine for kiddush and other mitzvos, implies that one may not use white wine for kiddush, and indeed this is the way the Ramban rules (ad loc.). However, Rashbam concludes that the Gemara is discussing only whether white wine is kosher for nisuch (libation) on the mizbeiach, but it may be used for kiddush. Others reach the same conclusion that our white wine is acceptable for kiddush, but for a different reason. They contend that the Gemara is not discussing quality white wine, but inferior wine that has no color at all (Tosafos). (White wine is always light-colored or yellowish.) According to this opinion, quality white wine is acceptable even for the mizbeiach.

The halacha is that one should preferably use a red wine unless the white wine is better quality (Rama 472:11; Mishnah Berurah 272:10). At the seder, there is an additional reason to use red wine, because it reminds us of Pharaoh’s slaughter of Bnei Yisroel (Mishnah Berurah 472:38). Therefore, if one chooses to use white wine, some suggest mixing red wine into the white wine to give it a little red color (Piskei Tshuvos 472:10). When mixing the wine, it is preferred to pour the red wine into the cup first and then add the white. If one adds red wine to white wine he will color the white wine, which is prohibited on Shabbos and Yom Tov according to some poskim because of the melacha of tzove’a, dyeing or coloring (see Mishnah Berurah 320:56).

MEVUSHAL (Cooked)

Cooking wine harms it, and cooking grape juice affects its ability to ferment naturally. Indeed, some winemakers never pasteurize the juice from which they produce their wines because heating compromises the taste. For these reasons, halacha views wine that is mevushal as inferior, and this has several ramifications. The prohibition not to use wine touched by a gentile, stam yeinam, does not exist if the wine was mevushal before the gentile handled it (Gemara Avodah Zarah 30a). This is because no self-respecting idolater would consecrate cooked wine to his deity (Rambam, Hilchos Maachalei Asuros 11:9; cf. Rosh, Avodah Zarah 2:12 who explains the halacha somewhat differently).

Similarly, one may not pour cooked wine as a libation for a korban. Some poskim contend that mevushal wine is so inferior that one does not recite hagafen on it but shehakol, and that it is invalid for kiddush and arba kosos (see Tosafos Bava Basra 97a s.v. ileima; Tur Orach Chayim, Chapter 272). Although we recite hagafen on mevushal wine and rule that it is kosher for kiddush and arba kosos (Shulchan Aruch 472:12), one should try to use uncooked wine unless the mevushal wine is superior (Rama 272:8; Mishnah Berurah 472:39).

There is one situation where one must use mevushal wine, and that is when gentiles might handle open bottles of wine. This is why most hechsherim insist that all wine served in restaurants and at catered events be mevushal.

Incidentally, almost all bottlers in North America pasteurize their juice before bottling. Commercial pasteurization of juice products is usually at about 180° Fahrenheit.

BUT I HEARD THAT PASTEURIZATION DOES NOT NECESSARILY EQUAL BISHUL?

The early poskim state that heating wine until it begins to evaporate makes it mevushal (Shach, Yoreh Deah 123:7, quoting Rashba and Ran). How hot is this temperature? Rav Moshe Feinstein ruled that 175° Fahrenheit is definitely hot enough to be considered mevushal (Igros Moshe, Yoreh Deah 2:52; see also 3:31), although some poskim contend that wine must be heated to a much higher temperature (see Darchei Teshuvah, Yoreh Deah 123:15; Minchas Shlomo 1:25). Because of this dispute, some hechsherim rule that only wine and grape juice that is heated until boiling is considered mevushal, whereas others consider all commercially available grape juice as mevushal.

However, some poskim contend that the laws of mevushal wine do not apply to contemporary pasteurized juice since the processing is made in a way that the wine does not taste inferior (Shu”t Minchas Shlomoh 1:25). Thus, one could use wine made from pasteurized juice or pasteurized juice without any concern, but one should not use wine that was cooked after fermentation which definitely tastes inferior. According to this opinion, a gentile touching pasteurized wine or grape juice will make it prohibited.

At this point in my monologue, Yankel interjected a question:

“I am not sure if I understood you correctly. If grape juice is usually pasteurized, then according to Rav Moshe’s psak, it is all mevushal. And, since one should preferably not use mevushal wine, one should not use grape juice for kiddush or arba kosos?”

“That is correct,” I responded. “Actually, there is also another reason why it is preferable to use wine for arba kosos.”

WINE VS. GRAPE JUICE

One may use freshly pressed grape juice for kiddush, even though it contains no alcohol (Gemara Bava Basra 97b). However, one should preferably not use grape juice for the seder as I will explain.

In the time of the Gemara, wine was so strong that people diluted it with three parts water (per one part wine) before using it for kiddush and other mitzvos. The Gemara teaches that someone who drank the wine without dilution fulfills the mitzvah of drinking four cups of wine, but does not fulfill the mitzvah of cheirus, freedom (Pesachim 108b). This is because the complete mitzvah of arba kosos requires drinking wine with a pleasurable amount of alcohol. This undiluted wine is too strong and not pleasurable. We derive from this Gemara that wine is better for the seder than grape juice, because the alcoholic content of the wine provides the element of cheirus.

However, someone who cannot drink wine may fulfill the mitzvah of arba kosos with grape juice.

Yankel interjected another question. “My mother-in-law never drinks wine the rest of the year. If I tell her that she should drink wine, she will do it because of the mitzvah. How much wine must she drink?”

“She can use a small cup that holds exactly a revi’is of wine with very low alcohol content or even mix wine and grape juice in the cup so that one can barely notice the alcohol and she will fulfill this mitzvah,” I replied. “The poskim dispute how much is a revi’is, with different opinions ranging from three ounces to five ounces. This the minimum amount of wine for each of the four cups. She is required to drink only a little more than half the cup, although it is better if she drinks the entire cup. She should drink the entire last cup in order to recite the bracha acharonah.”

RECONSTITUTED GRAPE JUICE

Reconstituting grape juice involves evaporating at least 80% of the water that is naturally part of the juice, and then later adding water back. (Juice is concentrated and then reconstituted because it saves tremendous amounts of shipping and storage costs, and because the concentrate has a longer shelf life.) It is important to note that the concentrate is not drinkable before adding water.

Rav Shlomo Zalman Auerbach has a lengthy tshuvah whether reconstituted grape juice may be used for kiddush and whether its correct bracha is shehakol or hagafen. The basis of his discussion follows:

The correct bracha on all beverages except wine is shehakol. Wine merits a unique bracha because it is special in that it “makes man and Hashem happy” (see Mishnah and Gemara Berachos 35a). Men appreciate the intoxicating properties of wine, and in addition, it is the only liquid that the Torah commands us to pour on the mizbeiach every day. (Water, the only other liquid ever poured on the mizbeiach, is only poured on the mizbeiach during Sukkos.)

Grape juice does not have all of these qualities since it does not contain any alcohol. However, since it can potentially become wine, it merits the special bracha of hagafen and may be used for kiddush.

Rav Shlomo Zalman posed the following question: Do we consider natural grape juice as a mixture of the tasty part of the grape and plain water, or do we make no distinctions and consider grape juice as a mixture of everything inside the grape?

Obviously, everyone will conclude that grape juice is what grows inside the grape. Although natural juice is over ninety percent water, the water that grows inside the grape is considered grape juice, not water. However, water added to concentrate does not metamorphose into juice but remains water. Thus, he rules that the finished product is concentrate mixed with water and not pure grape juice.

“I understand that the water in a cup of reconstituted grape juice should not be counted and therefore you should not use it for kiddush,” Yankel interjected. “But I don’t see why there is a shaylah what bracha to make since you are tasting and drinking natural grape juice?”

“Good question,” I responded. “However, Rav Shlomo Zalman points out that the concentrate may not be considered grape juice since during the processing it becomes undrinkable. Therefore, the juice is no longer a prize beverage that warrants its own unique bracha, nor can it potentially become wine. This is why Rav Shlomo Zalman conjectures that even after the juice is reconstituted, its bracha may be shehakol, not hagafen (Minchas Shlomoh #4). Although some poskim disagree with Rav Shlomo Zalman’s conclusions, it is advisable not to use reconstituted juice for kiddush and arba kosos (Shu”t Minchas Yitzchok 8:14; ViZos HaBeracha pg. 116; Piskei Tshuvos, 272:2).

Yankel had one more question. “I was told that one should not drink a new wine during the seder meal that was not on the table at the beginning of the seder. Is this true, and if so, why?”

“Answering this question requires an introduction,” I responded.

HATOV VEHAMEITIV

When there is one wine on the table and the host serves another variety of wine, Chazal instituted a special bracha called “Hatov vehameitiv.” This bracha demonstrates our appreciation of the increased joy brought about by having varieties of wine (Mishnah Berurah 175:2). (Some authorities explain that the reason for this bracha is the exact opposite. To make sure that the additional wine does not cause too much frivolity, we recite a bracha that reminds us of the destruction of Beitar when the Romans crushed the Bar Kochba rebellion [Kad HaKemach]. Chazal instituted the fourth bracha of bensching, which is also called “Hatov vehameitiv,” when the Jews finally received permission to bury the thousands of people killed. Thus, the bracha on the new wine reminds us of the bracha recited because of that tragedy.)

Someone who brings out a new bottle of wine in the middle of the seder should technically recite the bracha of hatov vehameitiv. However, many poskim contend that reciting an extra bracha on a cup of wine makes it appear that one is adding another cup to the four that Chazal instituted (Maharil, as explained by Mishnah Berurah 175:2). Therefore, they ruled that one should not bring out a new variety of wine during the seder meal.

Yankel prepared to leave. “So which wine is choicest?” I asked him.

“One should drink a red wine that has never been cooked. However, if a white or cooked wine is better, one should use the better wine. Someone who does not like wine may mix grape juice with wine as long as they can still taste the alcohol, but they should not use reconstituted grape juice.”

“May we all have a Yom Tov of freedom and celebration!”

Can We Offer the Korban Pesach without the Beis HaMikdash?

In the year 5017 (1257), several hundred Baalei Tosafos, led by Rav Yechiel of Paris, headed for Eretz Yisroel. A younger contemporary, Rav Ashtori HaParchi, the author of Kaftor VaFerech, records a fascinating story (Vol. 1, page 101 in the 5757 edition). The Kaftor VaFerech had gone to Yerushalayim to have his sefer reviewed by a talmid chacham named Rav Baruch. Rav Baruch told the Kaftor VaFerech that Rav Yechiel had planned to offer korbanos upon arriving in Yerushalayim. Kaftor VaFerech records that at the time he was preoccupied readying his sefer for publication and did not think about the halachic issues involved, but after the pressures of his publishing deadline passed, he realized that there were practical halachic problems with Rav Yechiel’s plan, as we will discuss shortly.

It seems that Rav Yechiel’s plan to offer korbanos failed, presumably because Yerushalayim was under Crusader rule at the time. His community of Baalei Tosafos settled in Acco, as we know from a report of the Ramban about ten years later. (The Ramban reports that he spent Rosh HaShanah that year with the community of the Baalei Tosafos in Acco and delivered to them a drasha that was recorded for posterity. This is quoted in Kisvei HaRamban, Vol. 1 pg. 211.)

Let us fast forward to the early nineteenth century. Rav Tzvi Hersh Kalisher, the rav of Thorn, Germany, who had studied as a youth in the yeshivos headed by Rabbi Akiva Eiger and the Nesivos HaMishpat (Rav Yaakov of Lisa), published a sefer advocating bringing korbanos in the location where the Beis HaMikdash once stood in Yerushalayim. Rav Kalisher considered it not only permissible to offer korbanos before the Beis HaMikdash is rebuilt, but even obligatory.

As one can well imagine, his sefer created a huge furor. Rav Kalisher corresponded extensively with his own rabbonim, Rabbi Akiva Eiger and the Nesivos, and other well-known luminaries of his era including the Chasam Sofer and the Aruch LaNer. All of them opposed Rav Kalisher’s opinion, although not necessarily for the same reasons.

We can categorize the opposition to Rav Kalisher’s proposal under three headings:

There was almost universal disagreement with his opinion that there is a requirement to offer korbanos before the reconstruction of the Beis HaMikdash.
Some rabbonim, notably Rav Yaakov Ettlinger, the author of the Aruch LaNer, prohibited offering korbanos before the reconstruction of the Beis HaMikdash even if we could resolve all the other halachic issues involved (Shu”t Binyan Tzion #1). However, it should be noted that this question did not bother either Rav Yechiel of Paris or Rav Ashtori HaParchi. Furthermore, Rabbi Akiva Eiger asked his son-in-law, the Chasam Sofer, to request permission from the ruler of Yerushalayim to allow the offering of korbanos. Presumably, Rabbi Akiva Eiger felt that his son-in-law, who had a close connection to the Austro-Hungarian royal family, might be able to use their influence to gain access to the Ottoman Empire who ruled over Yerushalayim at the time. The Chasam Sofer responded with great respect to his father-in-law, but pointed out that the Beis HaMikdash area is unfortunately covered by a mosque that is sacred to its Moslem rulers who will not permit any non-Moslem to enter (Shu’t Chasam Sofer, Yoreh Deah #236). Thus, we see that both Rabbi Akiva Eiger and the Chasam Sofer agreed with Rav Kalisher that we are permitted to bring korbanos before the reconstruction of the Beis HaMikdash.
Numerous halachic hurdles need to be overcome in order to offer korbanos. The discussion of these issues constitutes the lion’s share of the debate.

Rav Kalisher responded to the correspondence, eventually producing a sefer “Derishas Tzion” (published many years after the demise of Rabbi Akiva Eiger, the Chasam Sofer, and the Nesivos) and subsequent essays where he presented and clarified his position. At least three full-length books and numerous essays and responsa were published opposing Rav Kalisher’s thesis.

Before quoting this discussion, we need to clarify several points. First, can we indeed offer korbanos without the existence of the Beis HaMikdash?

MAY ONE BRING KORBANOS WITHOUT THE BEIS HAMIKDASH?

The Mishnah (Eduyos 8:6) quotes Rabbi Yehoshua as saying, “I heard that we can offer korbanos even though there is no Beis HaMikdash.” The Gemara (Zevachim 62a) tells us a story that provides us with some background about this statement. “Three prophets returned with the Jews from Bavel (prior to the building of the second Beis HaMikdash), Chaggai, Zecharyah and Malachi, each bringing with him a halachic tradition that would be necessary for the implementation of korbanos. One of them testified about the maximum size of the mizbeiach, one testified about the location of the mizbeiach, and the third testified that we may offer korbanos even when there is no Beis HaMikdash.” Based on these testimonies, the Jews returning to Eretz Yisroel began offering korbanos before the Beis HaMikdash was rebuilt.

Obviously, Rav Kalisher and Rav Ettlinger interpret this Gemara differently. According to Rav Kalisher and those who agreed with him, the prophet testified that we may offer korbanos at any time, even if there is no Beis HaMikdash. Rav Ettlinger, however, understands the Gemara to mean that one may offer korbanos once the construction of the Beis HaMikdash has begun, even though it is still incomplete. But in the view of Rav Ettlinger, after the destruction of the Beis HaMikdash we may not offer korbanos until Eliyahu announces the building of the third Beis HaMikdash.

An earlier posek, Rav Yaakov Emden, clearly agreed with Rav Kalisher in this dispute. Rav Emden, often referred to as “The Yaavetz,” contends that Jews offered korbanos, at least occasionally, even after the second Beis HaMikdash was destroyed, which would be forbidden according to Rav Ettlinger’s position (She’aylas Yaavetz #89). This is based on an anecdote cited by a mishnah (Pesachim 74a) that Rabban Gamliel instructed his slave, Tevi, to roast the Korban Pesach for him. There were two Tanna’im named Rabban Gamliel, a grandfather and a grandson. The earlier Rabban Gamliel, referred to as “Rabban Gamliel the Elder,” lived at the time of the second Beis HaMikdash, whereas his grandson, “Rabban Gamliel of Yavneh,” was the head of the Yeshivah in Yavneh and was renowned after the destruction of the Beis HaMikdash. Thus, if we can determine which Rabban Gamliel is the protagonist of the mishnah’s story, we may be able to determine whether Jews offered korbanos after the Churban. This would verify Rav Kalisher’s opinion.

Rav Emden assumes that the Rabban Gamliel who owned a slave named Tevi was the later one. He thus concludes that Rabban Gamliel of Yavneh offered korbanos after the destruction of the Beis HaMikdash. Although the Yaavetz brings no proof that the Rabban Gamliel in the above-quoted mishnah is Rabban Gamliel of Yavneh, he may have based his assumption on a different Gemara (Bava Kamma 74b), which records a conversation between Rabbi Yehoshua and Rabban Gamliel concerning Tevi. Since Rabbi Yehoshua was a contemporary of Rabban Gamliel of Yavneh, this would imply that the later Rabban Gamliel indeed offered the Korban Pesach after the destruction of the Beis HaMikdash.

However, this does not solve the numerous halachic issues that need to be resolved in order to allow the offering of korbanos. Although Rav Kalisher responded to these issues, the other gedolim considered his replies insufficient.

KORBANOS ON THE MOUNTAIN

The Brisker Rav, Rav Velvel Soloveichek, raised a different objection to Rav Kalisher’s proposal. Basing himself on several pesukim and halachic sources, he contended that the Beis HaMikdash site only has kedusha when it is a high mountain. Since the Romans razed the present site and it is no longer the prominent height it once was, it is not kosher for offering korbanos until the mountain is raised again to its former glory (quoted in Moadim U’Zemanim Volume 5, pg. 222). Thus, according to this approach, one of Moshiach’s jobs will be to raise the mountain to its former height. Presumably, Rav Kalisher felt that although the mountain should and will be raised, korbanos may be offered before that time.

I will now present some of the other questions involved in ascertaining whether we may bring korbanos before the coming of Eliyahu and Moshiach.

MAY A TAMEI PERSON ENTER THE BEIS HAMIKDASH?

Virtually all opinions agree that it is a Torah prohibition to offer korbanos anywhere in the world except for the designated place in the Beis HaMikdash called the mizbeiach. This creates a halachic problem, because it is a severe Torah prohibition to enter the Beis HaMikdash grounds while tamei, and virtually everyone today has become tamei meis through contact with a corpse. (Someone who was ever in the same room or under the same roof as a corpse also becomes tamei meis.) Although other forms of tumah can be removed by immersion in a mikveh at the appropriate time, tumas meis can be removed only by sprinkling ashes of the parah adumah (the red heifer). Since the ashes of the previously prepared paros adumos are lost, we cannot purify ourselves from tumas meis. Thus, we would be prohibited from bringing most korbanos because every kohen is presumed to be tamei meis.

Gedolim have discussed whether a new parah adumah can be prepared before the arrival of the Moshiach, but I am refraining from citing this discussion because of space considerations.

However, although we have no available tahor cohanim, this would not preclude our offering Korban Pesach or certain other public korbanos (korbanos tzibur).

WHY IS KORBAN PESACH DIFFERENT FROM MOST OTHER KORBANOS?

Most korbanos cannot be brought when either the owner of the korban or the kohen offering the korban is tamei. However, the Torah decrees that korbanos that are offered on a specific day must be brought even when every kohen is tamei. Thus, the Korban Pesach, the daily korban tamid, and the special mussaf korbanos that are brought on Shabbos, Yom Tov and Rosh Chodesh may be offered by a kohen who is tamei meis if necessary.

Other korbanos, however, may not be offered by a tamei kohen even if this results in them not being brought at all. Thus, since there is no tahor kohen available today, we would assume that Rav Yechiel only planned to offer one of the above korbanos (Shu”t Chasam Sofer, Yoreh Deah #236).

LOCATION OF THE MIZBEIACH

As mentioned above, the debate over Rav Kalisher’s proposal concerned other halachic issues that must be resolved before we may offer korbanos. The Kaftor VaFerech raised two of these issues over five hundred years before Rav Kalisher. How could Rav Yechiel offer korbanos when we do not know the exact location of the mizbeiach? As the Rambam writes, “The location of the mizbeiach is extremely exact and it may never be moved from its location…. We have an established tradition that the place where David and Shlomoh built the mizbeiach is the same place where Avraham built the mizbeiach and bound Yitzchak. This is the same place where Noach built a mizbeiach when he left the Ark and where Kayin and Hevel built their mizbeiach. It is the same place where Adam offered the first korban, and it is the place where he (Adam) was created.

“The dimensions and shape of the mizbeiach are very exact. The mizbeiach constructed when the Jews returned from the first exile was built according to the dimensions of the mizbeiach that will be built in the future. One may not add or detract from its size,” (Hilchos Beis HaBechirah 2:1-3).

As noted above, prior to building the second Beis HaMikdash, the prophets Chaggai, Zecharyah and Malachi testified regarding three halachos about the mizbeiach that were necessary to reinstitute the korbanos, one of which was the exact location the mizbeiach and. If so, how can we offer korbanos without knowing the location of the mizbeiach?

Rav Kalisher offered an answer to this question, contending that the prophets’ testimonies were necessary only after the destruction of the first Beis HaMikdash, because the Babylonians razed it to its very foundations. However, Rav Kalisher contended that sufficient remnants exist of the second Beis HaMikdash to determine the mizbeiach’s precise location, thus eliminating the need for prophecy or testimony to establish its location.

Rav Kalisher’s correspondents were dissatisfied with this response, maintaining that the calculations based on the Beis HaMikdash remnants could not be sufficiently precise to determine the mizbeiach’s exact location. Thus, they felt that we must await the arrival of Eliyahu HaNavi to ascertain the mizbeiach’s correct place.

YICHUS OF COHANIM

Do we have “real” cohanim today? Only a kohen who can prove the purity of his lineage may serve in the Beis HaMikdash (see Rambam, Hilchos Issurei Biah 20:2). The Gemara calls such cohanim “cohanim meyuchasim.” Cohanim who cannot prove their lineage, but who have such a family tradition, are called “cohanei chazakah,” cohanim because of traditional practice. Although they may observe other mitzvos of cohanim, they may not serve in the Beis HaMikdash.

An early source for the distinction between cohanim who can prove their lineage and those who cannot is the story found in Tanach about the sons of Barzilai the Kohen. When these cohanim came to bring korbanos in the second Beis HaMikdash, Nechemiah rebuffed them because of concerns about their ancestry (Ezra 2:61-63; Nechemiah 7:63-65). The Gemara states that although Nechemiah permitted them to eat terumah and to duchen, he prohibited them from eating korbanos or serving in the Beis HaMikdash (Kesubos 24b). Similarly, today’s cohanim who cannot prove their kehunah status should be unable to serve in the Beis HaMikdash. This would eliminate the possibility of offering korbanos today.

However, Rav Kalisher permits cohanei chazakah to offer korbanos. He contends that only in the generation of Ezra and Nechemiah, when there was a serious problem of intermarriage (see Ezra, Chapter 9), did they restrict service in the Beis HaMikdash to cohanim meyuchasim. However, in subsequent generations, any kohen with a mesorah may serve in the Beis HaMikdash.

Chasam Sofer (Shu”t Yoreh Deah #236) also permits cohanei chazakah to offer korbanos, but for a different reason, contending that although using a kohen meyuchas is preferred, a non-meyuchas kohen may serve in the Beis HaMikdash when no kohen meyuchas is available.

Other poskim dispute this, maintaining that a kohen who is not meyuchas may not serve in the Beis HaMikdash (Kaftor VaFerech).

The question then becomes – If only a kohen who can prove his kehunah may offer korbanos, and there are no surviving cohanim who can prove their kehunah, how will we ever again be able to bring korbanos?

The answer is that Moshiach will use his Ruach HaKodesh to determine who is indeed a kosher kohen that may serve in the Beis HaMikdash (Rambam, Hilchos Melachim 12:3). This approach preempts Rav Kalisher’s proposal completely.

VESTMENTS OF THE KOHEN

Before korbanos are reintroduced, gedolei poskim will have to decide several other matters, including the definitive determination of several materials necessary for the kohen’s vestments.

The Torah describes the garments worn to serve in the Beis HaMikdash as follows: “Aharon and his sons shall put on their belt and their hat, and they (the garments) shall be for them as kehunah as a statute forever,” (Shmos 29:9). The Gemara deduces, “When their clothes are on them, their kehunah is on them. When their clothes are not on them, their kehunah is not on them,” (Zevachim 17b). This means that korbanos are valid only if the kohen offering them wears the appropriate garments.

One of the vestments worn by the cohanim is the avneit, the belt. Although the Torah never describes the avneit worn by the regular kohen, the halachic conclusion is that his avneit includes threads made of techeiles, argaman, and tola’as shani (Gemara Yoma 6a). There is uncertainty about the identification of each of these items. For example, the Rambam and the Ravad dispute the color of argaman (Hilchos Klei HaMikdash 8:13). The identity of techeiles is also unknown. Most poskim conclude that Hashem hid the source of techeiles, a fish known as chilazon, and that it will only be revealed at the time of Moshiach. Thus, even if we rule that our cohanim are kosher for performing the service, they cannot serve without valid garments! (It should be noted that several great poskim, including the Radziner Rebbe, the Maharsham, Rav Herzog and Rav Yechiel Michel Tukochinski, contended that we could research the correct identity of the techeiles. I have written a different article on the subject of identifying the techeiles.)

Rav Kalisher himself contended that the garments of the kohen do not require chilazon as the dye source, only the color of techeiles. In his opinion, chilazon dye is only necessary for tzitzis. (He based this approach on the wording of the Rambam in Hilchos Tzitzis 2:1-2.) Therefore, in Rabbi Kalisher’s opinion, one may dye the threads of the avneit the correct color and perform the service. However, other poskim did not accept this interpretation but require the specific dye source of chilazon blood to dye the vestments (Likutei Halachos, Zevachim Chapter 13 pg. 67a).

Rav Kalisher did not discuss the dispute between the Rambam and the Ravad about the color of the argaman. Apparently, he felt that we could determine the answer and dye the avneit threads appropriately.

ADDITIONAL ISSUES

The poskim raised several other issues concerning Rav Kalisher’s proposal. One problem raised is that Klal Yisroel must purchase all public korbanos from the funds of the machatzis hashekel, which would require arranging the collection of these funds before the publically owned korbanos could be offered. However, this question would not preclude offering Korban Pesach, which is a privately owned korban.

Rav Kalisher’s disputants raised several other questions, more than can be presented here. As we know, the gedolei haposkim rejected Rav Kalisher’s plan to reintroduce korbanos before the rebuilding of the Beis HaMikdash.

However, we have much to learn from Rav Kalisher’s intense desire to offer korbanos. Do we live with a burning desire to see the Beis HaMikdash rebuilt speedily in our days? Even if, chas veshalom, we are still not able to offer Korban Pesach this year, we should still devote Erev Pesach to studying the halachos of that korban. And may we soon merit seeing the cohanim offering all the korbanos in the Beis HaMikdash in purity and sanctity, Amen.