Can There Be Smoke without a Fire?

In parshas Korach, 250 men burnt ketores and paid with their lives.

Question #1: Frankfurters on the Blech

May I place cold frankfurters on top of a hot pot to warm them on Shabbos?”

Question #2: Cheese Dogs

“May one derive benefit from a cheese dog, which is a grilled hot dog with added cheese and chili sauce?”

Question #3: Lox for Eruv Tavshillin?

“I will be traveling overseas for Yom Tov and Shabbos, and it will be difficult for me to have cooked food ready for an eruv tavshillin. May I use lox as my eruv tavshillin?”

Foreword

Our  opening questions are germane to whether “smoking” qualifies as “cooking,” for halachic purposes. As we will see shortly, the Gemara and halachic authorities discuss several situations affected by this question, with ramifications for the laws of Shabbos, kashrus and eruv tavshillin. Let us begin by understanding some background information.

In general, we are familiar with two very common methods of preparing food using heat. In one instance, the food is cooked directly by the heat, without any medium. This is what we do when we barbecue, broil, or bake. The food is cooked or baked directly by the heat. On the other hand, when we boil or fry food, we cook it in a hot liquid — when boiling, usually in water, and when frying, in oil.

There are also many methods of making raw food edible without heat, such as salting, pickling or marinating. Preparing food this way causes the flavors of the different ingredients to blend together, which halacha calls beli’ah. Therefore, should one ingredient be non-kosher, the entire food will become non-kosher. However, there are halachic ramifications to the fact that these methods of food preparation are not considered “cooking.” Even though salting and pickling food make it edible, the food is not considered cooked.Therefore, germane to the laws of Shabbos, one will not be able to heat up smoked food, using methods permitted to warm food on Shabbos. For example, although it is permitted to heat food that is already cooked by placing it atop a pot which is, itself, on top of a fire or blech, one may not heat up deli this way on Shabbos, when it has been pickled, but not cooked, which is usually the case.

Several types of smoking

In contemporary use, the term “smoked” may refer to several different ways of preparing food, with variant halachic ramifications. Here are three methods:

Hot smoke

Frankfurters and many other sausages are “cooked” in hot smoke, in an appliance sometimes called a smoker. Rather than being cooked directly by the fire, or by water that is heated by a fire, these foods are cooked by hot smoke. This is also the usual way in which raw salmon is made into lox. The question we will be discussing in our article is whether this is halachically equivalent to cooking in water, oil or other liquid. There are many halachic ramifications to the question. Unless specified otherwise, our article is discussing this type of smoking, in which smoke is doing the actual cooking (see Perisha, Yoreh Deah 87:9).

Cured food

In this type of “smoking,” wood is burned inside a sealed room, usually called a “smokehouse.” The food to be preserved and processed is placed inside the smokehouse for several days, or perhaps even weeks, while the smoke, now cool, cures and provides the food with a smoky flavor. Since the food production in this instance takes place in room temperature smoke, this process should not be considered either “cooking” or beli’ah. However, there is one late authority who considers this method of producing food to be similar to cooking (Chadrei Deah, quoted by Badei Hashulchan, Biurim 87:6 s.v. Ha’me’ushan). For the rest of this article, I will not take this opinion under consideration, since it is not within mainstream accepted halacha.

Regarding the laws of Shabbos, food smoked this way is certainly considered to be uncooked.

Smoke flavored

A third method of smoking is when food is prepared by steaming, cooking or broiling, and a natural or artificial ingredient called smoke flavor is added to provide smoke taste. If the food was prepared by being cooked or broiled, it is considered cooked for halachic purposes. If the food was prepared by being “steamed,” a process similar to the first method of smoking mentioned above, the halachic issue is more complicated. The halachic question is whether cooking in steam and cooking in smoke are identical, or, perhaps, cooking in steam is like cooking in water. I will leave that aspect of this topic for a future article.

Smoking on Shabbos!

At this point, I will explain some of the halachic issues affected by the question as to whether smoking food is the same as cooking. One of the 39 melachos prohibited on Shabbos is mevasheil, cooking, or, in the words of the Mishnah (Shabbos 73a), ofeh, baking. This melacha involves preparing food with heat (Rambam, Hilchos Shabbos 9:1-5). One of the questions that the Gemara discusses is whether smoking food on Shabbos is considered a violation of the melacha of cooking on Shabbos min haTorah, and another issue is whether smoked food is considered cooked.

Here is one application of this issue: Once dry food has been completely cooked, such as baked or barbecued chicken or a kugel, there is no Torah violation in heating it on Shabbos. (There often may be rabbinic violations involved, but there are ways of warming cooked food on Shabbos that are permitted. We have discussed that topic in the past.) However, heating uncooked food on Shabbos usually involves a melacha min haTorah. The question we are raising is whether food that has been smoked, such as lox or hot dogs, is considered as cooked regarding the laws of warming food on Shabbos. If it is, then there are more options available to warm them on Shabbos.

Smoking meat and milk

A second area of halacha where this question – whether smoking constitutes cooking – is germane, is the prohibition of eating dairy and meat foods cooked together, basar becholov. Although we are prohibited from eating meat and milk together even when both are cold, or even from eating dairy after consuming meat, these prohibitions are only miderabbanan. The prohibition is violated min haTorah by cooking meat and dairy together or by eating meat and dairy that were previously cooked together. The question that we will tackle is whether smoking meat and dairy together is prohibited min haTorah or only miderabbanan.

There is a halachic difference that depends on whether preparing a meat and dairy mixture is prohibited miderabbanan or min haTorah. The prohibition against benefitting from meat and milk applies only when one violated the law min haTorah, but not when one violated it miderabbanan (Shulchan Aruch, Yoreh Deah 87:3 and commentaries). Therefore, if meat and dairy were mixed together when cold, there is no prohibition in getting benefit from the resultant product, even though it may not be eaten. For this reason, selling pet food does not violate the law of benefiting from basar becholov, even when it contains both meat and dairy products, since the two are not cooked together, but blended together at room temperature.

The question germane to our discussion is whether a Jew may benefit from a meat and dairy product that was smoked together. For example, if someone smoked a raw frankfurter together with cheese, is it prohibited min haTorah, and for this reason one may not have benefit from it min haTorah, or not?

Bishul akum

Here is another kashrus application in which it will make a difference whether smoking is considered cooking or not. Chazal prohibited eating food cooked by a non-Jew, even when all the ingredients are kosher, unless the food is edible raw or would not be served on a royal table. Is smoking considered “cooking” germane to this prohibition, or not? This means that, if a non-Jew smoked food that is inedible raw, is it prohibited because of bishul akum? A practical difference is whether a hechsher on hot dogs must make sure that a Jew smoked the frankfurters; another is whether the smoking of lox must be done by a Jew.  In both of these situations, the question is whether this food is considered cooked by a non-Jew, which might prohibit it as bishul akum, or whether it was prepared in a way that does not qualify as “cooking,” and therefore bishul akum is not a concern.

Eruv tavshillin

Here is yet another halachic application in which it will make a difference whether smoked food is considered “cooked” or not. Chazal prohibited cooking on Yom Tov for Shabbos, unless one prepares an eruv tavshillin, a cooked item designated before Yom Tov that will remain until the Shabbos preparations are completed, and that thereby permits cooking for Shabbos on Yom Tov that falls on Friday. If smoked food is considered cooked, then it is acceptable to use a food that was prepared by smoking, such as a frankfurter or lox, as an eruv tavshillin. If smoked food is not considered cooked, then it is not.

The Yerushalmi

Now that we understand the background, we can examine the Talmudic discussion that concerns smoked food. We will begin by quoting a passage of Talmud Yerushalmi (Nedorim 6:1): “The rabbis of Kisrin asked: What is the law of smoked food in regard to the prohibition of bishul akum? In regard to cooking on Shabbos? What is its law regarding mixing meat and milk together?” The passage of Yerushalmi then changes the subject, without ruling on the three questions raised.

The issue the Yerushalmi seems to be asking is whether cooking food in smoke is halachically equivalent to cooking in liquid. In each of these instances, a hot medium is used to prepare the food. The first question of the Yerushalmi is whether food smoked by a non-Jew is prohibited, or whether the proscription of bishul akum is limited to food cooked via fire or liquid. If cooking in smoke is halachically considered the same as cooking in water or oil, then lox or frankfurters that were smoked by a non-Jew are prohibited because of bishul akum. On the other hand, if smoking is not treated as cooking, then there is no halachic problem with eating lox or hot dogs in which the actual smoking was performed by a non-Jew, provided that the ingredients are all kosher.

The second question of the Yerushalmi can be explained as follows: If a Jewish person placed raw frankfurters or salmon into a smoker on Shabbos, and the frankfurters or lox thereby became edible on Shabbos, did the person desecrate a melacha on Shabbos? If he did, then there are halachic ramifications germane to a product that was smoked on Shabbos in violation of the law.

The third question of the Yerushalmi concerns the laws of cooking meat and milk together. If smoking is considered cooking, min haTorah, then smoking a cheese dog violates basar becholov min haTorah, and it is prohibited to have any benefit from it.

As I noted above, the Yerushalmi that we quoted does not mention a conclusion regarding these three questions. Based on these unresolved questions, the Rambam (Hilchos Ma’achalos Asuros 9:6) appears to conclude the following: when our issue is a halacha that is min haTorah, we rule stringently. However, when the issue is a rabbinic question, we will rule leniently and not consider this to be cooking.

As a result, it is certainly prohibited as a safek de’oraysa to smoke a cheese dog or to smoke food on Shabbos. It would be prohibited to have any benefit from a smoked cheese dog. However, someone who violated these prohibitions would not be punishable for his offense, even when such punishment was practiced and even had he fulfilled all the requirements to receive this punishment, because the Yerushalmi did not conclude definitively that it constitutes a violation. The Shulchan Aruch (Yoreh Deah 87:6) follows the same approach as the Rambam.

We will continue this topic at some point in the future.

Conclusion

In non-observant circles, a well-known non-Jewish criticism of Judaism is frequently leveled: “Does G-d care more about what goes into our mouths than he does about what comes out?” The criticism is, of course, in error, and its answer is that Hashem cares both about what goes in and what comes out, and it is the height of conceit for us to decide which is “more” important in His eyes. Being careful about what we eat and about what we say are both important steps in growing in our development as human beings.

The Cheese Factory

Driving on a secondary route after visiting an ice cream plant, I noticed a small cheese factory. At the time, I had no experience in the practical kashrus arrangements regarding the manufacture of cheese and whey in modern factories, but I was familiar with the topics as they are discussed in the Gemara, rishonim and poskim.

Being by nature a curious person, and also, perhaps more significantly, having a few hours to spare, I decided to drop in on the factory, hoping that perhaps I would be offered a tour of the production. I figured that if I didn’t ask, I would certainly not get a tour, and if I did get a tour, perhaps I would learn how cheese and whey are manufactured, and what needs to be done to make the products properly kosher.

Hashem made cow’s milk contain all the nutrients necessary for a newborn calf to grow big and strong until it is ready to be self-supporting by eating grass for its nutrition. The major components of milk are lactose, or milk sugar, which provides the carbohydrates a young calf needs; casein and other proteins; cream (the fat component); vitamins and minerals, including calcium for healthy bones; and about 90% water, which keeps the other ingredients in suspension. Manufacturing cheese requires precipitating (separating) the casein out of the milk and then coagulating it. These processes may involve use of a “starter” and “rennet.” The coagulated part of the milk, called the curd, separates from the rest, which is the whey. The curd is pressed into a solid block – the shape of the cheese.

The Gemara records many reasons why Chazal prohibited using cheese when a Jew did not participate in its manufacture or did not own its raw materials. In practice, having a Jew participate in the manufacture of cheese is usually accomplished by having a mashgiach add the starter and the rennet into the milk batch. Such cheese is called gevinas Yisroel (literally, cheese of a Jew), whereas gevinas akum (literally, cheese of a non-Jew) is the name for the type of cheese that Chazal prohibited. (Whether we resolve the prohibition of gevinas akum by having a Jew participate in the production, or by having him own the product, is a lengthy topic discussed in a different article available on this website.)

I pulled into the driveway of the cheese factory and saw a billboard attached to the sidewall of the factory, advertising the retail products that the company manufactured – cheddar cheese, Swiss cheese, mozzarella cheese and a few similar varieties. As I would soon find out, the company also did some private-label selling, which they did not advertise on a billboard, and also sold some industrial products, specifically, various forms of whey.

I no longer remember whether I had noticed that the labels of the products on the billboard had a large letter K on the package. Of course, we all know that this is not a registered kashrus symbol. However, there is a segment of the population, rapidly disappearing, of traditionally observant Jews who assume that a large K on a product means that it is kosher.

I was pleasantly surprised when the receptionist quickly ushered me into the office of the plant manager, who was also the company owner. I told him that I was interested in knowing the details of cheese production and happened to drive past his factory this day. I expected him to brush me off, telling me that he did not want to reveal any of his trade secrets. I was quite surprised that he was willing to walk me through the plant. Perhaps I looked very honest; perhaps he had no trade secrets to hide; perhaps small-town people are less suspicious; perhaps his pride in his business got the best of him. I just know that he was very willing to spend a considerable amount of time showing me around his facility, explaining all the details of production and answering all my questions, eagerly and fully.

I actually did get a very good education that day on how “hard cheese” is made. Subsequently, I also learned some side curiosities: for example, that true Italian mozzarella cheese is not made from cow’s milk, but from the milk of a water buffalo. (For the kosher consumer, it is good that you can make mozzarella from cow’s milk, because I have never seen anyone in the United States milk a water buffalo, although it is a kosher animal. It is commonly milked today in Italy, and I know that this could be arranged in Israel. Nevertheless, I am unaware of anyone who sells cholov Yisroel buffalo milk.)

My visit over, I thanked the plant manager for his wonderful tour, still curious why he had received me so nicely, and attributing it to my charisma. But then, I found out that he had an ulterior motive.

“You must be a rabbi,” he said. I guess my beard didn’t look too Amish. “I am in need of a new certifying rabbi. Could you help me?”

He then produced a letter from a nursing home in Brooklyn. The letter verified that the cheese produced by his factory was kosher. I assumed that the nursing home had a certifying rabbi, who also certified cheese factories and other facilities, although I saw no indication that any of the rules necessary to avoid the prohibition of gevinas akum were observed. This would usually require the presence of an on-site frum individual who added the ingredients that make the cheese form. Another option, rarely used, also existed: That the rabbi had arranged that he was a partial owner of the products being manufactured.

Could you be our new rabbi?

The owner/plant manager explained. “Rabbi Levine* certified our plant for many years. His fee was much lower than any other quoted to us. He used to visit the factory once a year, ask a few questions and collect his check. A few years ago, his wife died and, shortly thereafter, he moved into an assisted living facility. He still used to visit once a year, although it was quite obvious that he was getting on in years. The last two years, he contacted us, and we mailed him his annual fee. But our certification is now running out, and we have been trying to reach him, unsuccessfully. We do not even know if he is still alive! Could you be our new rabbi?”

Much as I would have liked to be makir tov to the factory owner for educating me about the production of kosher cheese, he was not interested in making the changes necessary for his cheese to be kosher according to any standard. I never met Rabbi Levine, but he was clearly out of his league in issuing a hechsher. I am unaware of any accepted heter that would allow this cheese to be considered kosher on the basis of its ingredients with no Jewish involvement in the production.

Permitted non-Jewish cheese?

In the times of the rishonim, there were areas of Europe, particularly in Italy and parts of France, with a long-established practice to be lenient regarding the consumption of the local cheese of non-Jews. Several rishonim quote this lenient position in the name of the Ge’onei Narvona. The lenience was based on the fact that the Jews knew the ingredients used by the gentile cheesemakers, and knew that none of the concerns mentioned by the Gemara was germane. The cheese was set with “flowers,” some variety of plant-based enzymes. I am told that, to this day, there are cheeses in some parts of Europe that use an enzyme found naturally in a variety of thistle. Perhaps this was the type of cheese that these communities used.

However, most rishonim rejected this reasoning, contending that the prohibition against non-Jewish cheese exists even when none of the original reasons applies. They contend that the prohibition has a halachic status of davar she’be’minyon, a rabbinic injunction that remains binding even when the reason the takanah was introduced no longer applies, until and unless a larger and more authoritative body declares the original injunction invalid. Since a more authoritative beis din never rescinded the prohibition on non-Jewish cheese, it remains – even when none of the reasons apply (Rambam, Ma’achalos Asuros 3:4; Rashba, Toras Habayis page 90b; Semag, Mitzvah 223; Tur, Yoreh Deah 115).

The Shulchan Aruch rules according to the majority opinion that there is no halachic basis for those communities that permitted use of the local non-Jewish cheese. The Rema follows a more lenient view, permitting use of non-Jewish cheese in a place where one can ascertain that there was a long-established custom to permit it. Therefore, no one in today’s world would be permitted to use non-Jewish cheese, with the possible exception of an Italian community that can prove a tradition dating back at least eight hundred years.

Gevinas Yisroel by observation

The Rema contends that a Jew observing the production of cheese makes the cheese gevinas Yisroel, which is, by definition, not subject to the prohibition of gevinas akum. In his opinion, this is true even when the milk and curdling agents are all owned by a non-Jew, and even when non-Jews performed all the steps in the cheese production.

The Shach, however, takes tremendous issue with this approach of the Rema, contending that if a non-Jew owns the milk, the acid, and the enzyme, and he places the acid or enzyme into the milk, the resultant cheese is prohibited as gevinas akum, even if an observant Jew supervised the entire production.

Gevinas Yisroel by ownership

According to some contemporary poskim, there are ways to make cheese kosher by making a Jew the owner of the product. If one follows this opinion, you could create some complicated kinyanim and, thereby, make the cheese gevinas Yisroel, fully kosher.

The Noda Biyehudah (Shu’t Noda Biyehudah II Orach Chayim #37) discusses a case where a Jew is “renting the schvag” of a non-Jew for the purpose of producing cheese. I do not know the meaning of the word schvag, and the many people I have asked do not know either (although some of them insisted otherwise). From the context in which the Noda Biyehudah uses the term, it seems that this was a Slavic word for a cheese factory. The case is that the Jew is contracting with the non-Jew to make cheese for the Jew in the gentile’s facility.

The Noda Biyehudah contends that when the Jew intends to purchase the cheese and also supplies the rennet, the Jew is already considered the owner of the cheese. Under these circumstances, there is no problem of gevinas akum, even according to the Shach. The Noda Biyehudah concludes that, under these circumstances, a non-Jew may produce the cheese without it becoming prohibited.

Another possibility, suggested by my good friend Rav Sander Goldberg, is that the word schvag was misspelled in the printed editions of the Noda Biyehudah, but refers to Schwab or Swabia, the hilly southwestern region of Germany that borders Switzerland, which was well known for its production of dairy products. Several early authorities, including Sha’arei Dura (#78) and the Maharil (#35), make reference to the heter of the שוואבין to allow non-Jewish butter. When the Noda Biyehudah refers to the שוכרים ,השוואגין he may be referring to Jews from the region of Swabia who would peddle cheeses; they would bring their own rennet, made from the stomach of a kosher slaughtered calf (keivah), to make the cheese. The Noda Biyehudah’s point is that even though the transaction between the non-Jews (who owned the cows) and the Jews (who brought the keivah) wasn’t finalized until after the cheese was made, and therefore technically the cheese still was owned by a non-Jew, nevertheless this is considered enough of a partnership to avoid the problem of gevinas akum.

Based on the Noda Biyehudah, the Orthodox Union (OU) once entertained the possibility of considering cheese as gevinas Yisroel on the basis that the mashgiach would own the rennet. However, they reached the following conclusion: “Not everyone agrees to the idea of the Jew owning the rennet. Rav Belsky feels that the type of scenario in which this is or would be done [having the mashgiach do a kinyan on the rennet] is not proper, as, in order for this to work, the cheese must be made for the Jew, rather than him technically having a kinyan in the rennet, with sale of the cheese to others. He [Rav Belsky] says that this is what the Noda Biyehudah meant: The Noda Biyehudah is discussing a case where the Jews rented the cheese plant, (which is how he understood the word schvag) and plan on buying the finished cheeses. In that case, the Noda Biyehudah says that the cheese is permitted. So he’s only saying that owning the rennet suffices where that gives the Jew a partial ownership in the cheese, as a first step towards taking full possession. As such, the Noda Biyehudah’s approach applies only in cases where the Jew now has a partial ownership and will later have full ownership, and there’s no basis for extending it to cases where the Jew really has no ownership and will eventually have even less.

“Both Rav Belsky and Rav Schachter accepted this argument that the Noda Biyehudah’s approach doesn’t apply in this case.”

In conclusion, we have suggested four possible ways to avoid the prohibition of gevinas akum, although some of these approaches are disputed:

1. A Jew (mashgiach)supervises the entire production of the cheese.

2. A Jew adds the rennet and starter, which causes the manufacture of the cheese.

3. A Jew is a proper partial owner of the milk from which the cheese is made.

4. A Jew supplies the rennet for the manufacture of the cheese and maintains partial ownership over the product.

I understand that, years later, this company did decide to produce properly kosher cheeses. I am glad.

* Name is changed.

The Pesach Sleuth

Photo by Matus Laco from FreeImages

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

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

Pesach-dik ketchup

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

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

Vinegar

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

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

So why not?

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

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

Flavoring

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

Spray towers

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

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

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

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

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

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

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

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

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

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

And this is for a relatively simple product.

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

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

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

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

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

Where the Deer and the Antelope Play

Question #1: Home, home

“Are there any ‘take-home lessons’ I can learn from split hooves?”

Question #2: On the range

“Is there a variety of wild pig that chews its cud and is kosher?”

Question #3: Where the deer

“May I eat the fat of a reindeer? What about the impala, the dik-dik and the kudu?”

Question #4: And the antelope play

“Is the American pronghorn a kosher species?”

Foreword

In two places, first in parshas Shemini, and then again in parshas Re’eih, the Torah explains which species of animals, fish and birds are kosher. Since all of our opening questions are about the status of various kosher mammals, this article will limit itself to defining which of them is kosher and various other halachos that result.

Presumably, you noted that I used the word “mammal” rather than “animal” or “beast.” To the best of my knowledge, there is no word in Tanach or Mishnaic Hebrew for “mammal.” The Modern Hebrew word used is yoneik, which simply means “that which nurses,” certainly an accurate definition of what separates mammals from other members of the animal kingdom. I am using the word “mammal” as an easy and accurate way to distinguish what the Torah calls “animalsthat are upon the ground” from the birds, fish, sea animals, creeping creatures, locusts, insects, invertebrates and reptiles whose halachic status is discussed in the Torah.

Introduction

The Torah writes, “Hashemspoke to Moshe and to Aharon, saying to them: ‘Speak to the Children of Israel, saying, these are the beasts from which you may eat. From the animals that are upon the ground: Whatever has a split hoof that is separated completely and is ma’aleh geirah [usually translated as “ruminating” or “chewing its cud”] among the animals: Those you may eat'” (Vayikra 11:1-3). The Torah then lists three animals, the camel, the shafan and the arneves [intentionally not yet translated] as being non-kosher because they do not have fully split hooves, although they are ma’aleh geirah. Finally, the Torah mentions that a pig is not kosher, even though its hooves are completely split, because it is not ma’aleh geirah.

Thus, the Torah defines any land animal with a totally split hoof that chews its cud as kosher. These two signs are possessed by sheep, goats, giraffe, deer, antelope, cattle, buffalo, bison, yak and okapi. The okapi lives in deep forests in the Congo, has a skull almost identical to that of a small giraffe, and, indeed, possesses split hooves and is a ruminant.

Does it ruminate too much?

“Ruminating” means that an animal has many stomachs (sometimes described as a stomach with several chambers) and chews its food in two stages. First, it harvests grass, leaves and/or other vegetation which it deposits into the first chamber of its stomach, the rumen, where it is fermented and begins to decompose. The partially digested food, now called “cud,” is regurgitated back to the mouth, where it is chewed again to further break down its cellulose content, which is difficult to digest. The chewed cud then goes directly to the second chamber of the stomach, the reticulum and, eventually, to the last two chambers, the omasum and abomasum, where further digestion is assisted by various microorganisms that reside in the ruminant’s stomach. This is Hashem’s way of having grass, leaves, bark and tree roots (which the human stomach cannot digest), converted into products that can now benefit mankind in the forms of milk, cheese, meat, wool and leather.

The term ma’aleh geirah might include other processes that are not the same as chewing cud. Ultimately, the question is how we translate the non-kosher species that the Torah teaches are ma’aleh geirah but do not have fully split hooves. The Torah mentions three: the camel, the shafan and the arneves.

The camel chews its cud. Although its stomach has only three chambers, it still digests its food in a way similar to the four-chambered ruminants.

Hyrax?

The other two animals that the Torah describes as ma’aleh geirah are shafan and arneves. We are uncertain as to the identification of these two animals. In Modern Hebrew, the word shafan sela is used to mean hyrax, sometimes called the rock hyrax, a rodent-like mammal commonly found in wooded areas in Eretz Yisroel. I often see them in the wild, a ten-minute walk from my house. It is called the rock hyrax because they often stand on rocky areas in forests, and hide in holes between the rocks. The posuk in Tehillim (104:18), sela’im machseh la’shefanim, rocks are a refuge for the shefanim, indeed implies that shafan is indeed a rock hyrax. However, the difficulty with defining the shafan as a hyrax is because the hyrax is not a ruminant.

Hare or rabbit

Arneves is usually identified as a rabbit, a hare, or both. Hares and rabbits are similar to, but are not, rodents, and in modern science are categorized as lagomorphs. The main difference between hares and rabbits is the stage of development at which their young are born. Newborn hares are able to function on their own within hours, whereas newborn rabbits are blind and completely helpless. In any case, neither the rabbit nor the hare are considered ruminants.

Will the real shafan please stand up?

In a teshuvah on the subject, the Seridei Eish (Shu’t Seridei Eish 2:64) mentions several attempts to identify shafan and arneves. One approach insists that shafan and arneves cannot be hyraxes and hares, since neither of these species ruminates, but that shafan and arneves must be species that indeed ruminate and yet are not kosher. These would be species that, like camels, have partially, but not fully split hooves and are therefore called cameloids. However, the only species currently known to man, other than the camel, that fit this description are native South Americans of the llama family: the domesticated llama and alpaca, the vicuna, and the guanaco, which are collectively called lamoids. Since shafan is mentioned in Tanach several times as a commonly known animal, it is highly unlikely that it refers to a South American native that was unknown in the Fertile Crescent until well after the Europeans invaded South America in the beginning of the sixteenth century.

There are also descriptions of arneves in the Gemara (Megillah 9b) that indicate that, in that era, they were very certain how to identify an arneves, again making lamoids a very unlikely choice.

Another option is that shafan and arneves refer to Bactrian (two-humped) camels, native to China and other parts of Asia. However, this is also a difficult approach to accept, since the differences between the one-humped dromedary (also called Arabian camel) and the two-humped Bactrian are not distinctive enough to imagine that they would not both be called gamal by the Torah. I would like to note that the Gemara was well aware of the existence of dromedary and Bactrian camels, calling them Arabian camels and Persian camels, and insisting that they qualify as one species for halachic purposes (Bava Kama 55a). (Scientifically, they are treated as two separate species, Camelus dromedarius and Camelus bactrianus. By the way, Bactria was a country in today’s Afghanistan, bordering on Persia, so both the contemporary conversational term and the scientific terms for the two varieties of camel are identical to the way Chazal referred to them.)

Are you sure that you don’t ruminate?

The Seridei Eish also mentions a completely different approach, suggested by Rav Dovid Tzvi Hoffman, that although shafan and arneves are not cud chewers, they appear to do something similar to ruminating. A hyrax has a three-chambered stomach containing special bacteria allowing it to digest leaves and grasses, similar to ruminants that can digest leaves and grass. It is also interesting to note that hyrax babies are born without the bacteria they need for digestion. For nutrition, they consume the waste matter of adult hyraxes until they are able to eat. Apparently, the adult’s waste contains enough live bacteria such that the baby hyrax stomach is eventually able to digest the cellulose itself, without relying on reprocessed food. Mah rabu ma’asecha, Hashem!

It is possible that either the digestive system of the hyrax or its method of feeding its offspring may be what the Torah means, when it calls them maalei geirah.

Arneves

Rabbits and hares are not classic ruminants and do not possess the proper physiology for rumination, but instead digest through a process called hindgut fermentation. These animals and some rodents digest in a unique way, by the formation of cecotropes. Their first swallowing does not complete the digestion process, and they produce two different kinds of droppings: little black round ones and softer black ones known as cecotropes, or night feces, which they then eat and re-digest. The cecotropes contain lots of essential vitamins and protein. It is very possible that this process is what the Torah refers to as ma’aleh geirah, although it is not what is usually referred to as “chewing the cud.”

On the range

At this point, let us examine the second of our opening questions: “Is there a variety of wild pig that chews its cud and is kosher?”

To the best of my knowledge, all members of the pig/hog family, including the boar, the South American peccary, the Indonesian babirusa, and various wild species that include the name “hog” or “pig” in their common name, such as the warthog, the bushpig, and the almost extinct pygmy hog, have split hooves, and are, to some extent, omnivorous. (Please note that hedgehogs and porcupines, despite the references to “hog” and “pork” in their names, are called this because they have long snouts reminiscent of pigs, not because they have split hooves.) Although South African rangers have told me that warthogs are exclusively herbivorous, research shows that they do scavenge dead animals and also consume worms and insects while foraging.

Several varieties of wild hog, among them the peccary, the babirusa, and the warthog, native to Africa, have more complicated stomach structures than does the common domesticated pig. Over the years, I have seen various news articles claiming that some of these animals are kosher, based on the assumption that they have both split hooves and ruminate. However, none of these species does, indeed, chew its cud; so, although they all have split hooves, as do all hogs, they are not kosher.

Although the posuk mentions only chewing the cud and split hooves as criteria for kosher animals, there may be additional reasons why wild hog species are not kosher. Based on a passage of Gemara, some authorities contend that any species of animal without any type of horn is not kosher (Shu’t Beis Yaakov #41, quoted by Pischei Teshuvah, Yoreh Deah 80:1), and the peccary, the babirusa, and the warthog have no horns. Although both the warthog and the peccary have tusks that look like horns, these are really oversized teeth and grow out of the mouth, not on the top of the head. By the way, many authorities disagree with the Beis Yaakov, contending that absence of horns does not define an animal as non-kosher (Pischei Teshuvah ad loc.).

Where the deer

The third of our opening questions began “Is the fat of a reindeer permitted?” Let me explain what is presumably being asked.

The Torah divides mammals into two categories, beheimah and chayah. Beheimah is usually translated as animal or domesticated animal, whereas chayah is often rendered as beast or wild animal. However, these translations of the terms beheimah and chayah are not entirely accurate. Although most domesticated species, such as cattle, sheep and goats, qualify as beheimos, there are species of beheimah, such as the African or cape buffalo, the Philipine tamarau and the anoa, a native of the Indonesian island of Sulawesi, that cannot be domesticated. (See the dispute between the Shulchan Aruch and the Rema, Yoreh Deah 28:4, which relates to the Asian water buffalo, domesticated already in antiquity.) On the other hand, some species of chayah, such as reindeer, are domesticated and raised as livestock in the northern regions of Europe, particularly by the Lapps (the Sami), as are other varieties of deer in central Asia.

So, what is the difference between a beheimah and a chayah? The Gemara (Chullin 59b) explains that it depends on the type of horn it has. If it is branched, as are all deer antlers, it is a chayah. The major noticeable difference between antlers and horns is that antlers shed annually (are deciduous) and are extensively branched, whereas horns are permanent and unbranched. Moose and elk have massive, branched, deciduous antlers, and are varieties of deer. All antelope (a general category that includes dozens of species) have unbranched horns, and therefore one would need to examine the horns of each species to determine whether it is a beheimah or a chayah, as I will explain shortly. Kudu, eland, gnu, impala and dik-dik all have unbranched horns and are varieties of antelope. The same is true of the dorcas gazelle which is a common species in Eretz Yisrael, and the largest permanent resident of the wooded area near my house where I often go for relaxing walks.

There are some other differences between antelope and deer; for example, antelope have gall bladders and deer do not. So, you can rest assured that your pet moose cannot develop gallstones.

What type of horn?

But what type of horn am I looking for?

If an animal possesses an unbranched horn, the answer as to whether it is a beheimah or a chayah becomes more complicated: If the horn has all three features that the Gemara calls keruchos, haduros and charukos, it is a chayah; if not, it is a beheimah. There are different opinions among rishonim how to explain and define these three words, which is why I have not translated them, and depending on this answer is whether different varieties of antelope may qualify as beheimah or as chayah.

What difference does it make?

There are a few mitzvos of the Torah that apply to a beheimah and not a chayah, and vice versa. Among these mitzvos is the prohibition against eating cheilev, the forbidden fat that protects the posterior-lying organs such as the stomachs and the kidneys, which applies only to a beheimah, but this fat is permitted on a chayah (Mishnah Chullin 89b). Another mitzvah is that of giving the zero’a, lechaya’im and keivah to a kohein, whichapplies only to a beheimah but not to a chayah (Yoreh Deah 61:17). A third mitzvah is kisuy hadam,requiring covering the blood of shechitah, which applies to a chayah (and to poultry) but not to a beheimah (Mishnah Chullin 83b).

Whether the fat is permitted depends on whether a reindeer is a beheimah or a chayah. If it is a chayah, the cheilev is permitted. All deer are known to be chayah because of their antlers, and therefore “reindeer fat” is kosher, if the reindeer is properly shechted.

On the other hand, when we have no mesorah whether a species of animal is a chayah or a beheimah, we treat it stringently both ways (Shach and Pri Megadim, Yoreh Deah 80:1). Therefore, unless we have a mesorah as to whether a specific species of antelope is a chayah or a beheimah, we would prohibit its cheilev and perform kisuy hadam, without a brocha.

And the antelope play

At this point, we can discuss the fourth of our opening questions: “Is the American pronghorn a kosher species?” I suspect that most of our readers have no idea what a pronghorn is, let alone whether it is a kosher species.

Most species of antelope in the world are in Africa. There are some in Eurasia; none are native to Australia or the Americas. However, the various fauna native to North America include a species called a pronghorn, which possesses characteristics similar to that of a deer or antelope but also is different from both deer and antelope. It is a ruminant that has split hooves. Thus, it meets the Torah’s definition of a kosher species, although I admit that I have never tasted pronghorn chops.

The horn of a pronghorn is unusual in that it branches into sharp front and rear sections that are reminiscent of prongs, hence its name. As I mentioned above, deer have multi-branched antlers, which are deciduous. Antelopes have unbranched horns that are permanent. The horn of a pronghorn falls off annually, which is like a deer and unlike any antelope species. On the other hand, the pronghorn has a gallbladder, which antelope have, but not deer. For these and other reasons, the scientific community considers a pronghorn to be neither a deer nor an antelope. Nevertheless, the Europeans who came to America called it an antelope, and Brewster M. Higley, who, in 1872, wrote thelyrics to the poem now called and sung as “Home on the Range,” certainly meant the pronghorn when he referred to the playing of the “antelope.”

Home, home

At this point, let us examine our opening question: “Are there any ‘take-home lessons’ I can learn from split hooves?”

Although we can never explain why Hashem commanded us His mitzvos, we are permitted to explore what lessons we can derive from them, provided we realize that these are merely lessons and not a reason allowing us to decide when and whether we observe the mitzvah. It appears clear that the birds that the Torah ruled to be non-kosher are, for the most part, predators, whereas the kosher birds tend to be the pursued.

Can we possibly present a logical reason why the Torah restricted our mammal consumption to ruminants with split hooves?

The following lesson might be why the Torah permitted only ruminants with split hooves. In general, animals that have split hooves flee from opposition. For example, Africa has dozens of species of antelope; when confronted by a lion, they run. On the other hand, a zebra attacked by a lion will fight, as will a honey badger. Perhaps this is a lesson to learn from a ruminant, to run as far and as fast as we can from any machlokes.

Ma’aleh geirah animals spend a lot of time consuming their food. It takes a long time for their food to complete being digested. They learn patience. Thus, perhaps the lesson here is to be patient when we fulfill our basic needs (Shu’t Beis Yitzchak, Even Ha’ezer, Tzela’os Habayis 5:8).

Heter Shopping

Reuven, who studies assiduously in a kollel, asked me the following shaylah:

“I recently inherited some money with which I repaid a private loan used to buy our home. Although I always give maaser (ten percent) of my earnings to tzedakah, I forgot this time, and subsequently asked Rav A what I should do, since I no longer have money for the maaser. He told me that I am obligated to pay this money to maaser and should consider it a debt that I must pay back gradually, even though this will take years. I then asked him whether I need to perform hataras nedarim (the procedure whereby one renounces vows) for my practice of giving maaser money, since in the interim I will be significantly behind on my usual maaser giving. He told me that he was uncertain about this latter question and that I should ask someone else.

“Subsequently, I approached the son of a prominent posek requesting that he ask his father whether I should perform hataras nedarim, telling him the whole story. He returned with the reply, ‘My father said that, in your circumstances, you are not obligated to give maaser kesafim from the inherited money.’

“Now, I am a bit confused and I have a new shaylah. I know that one may not ask the same shaylah from a second rav after receiving a ruling. However, I did not ask the prominent posek to rule on whether I must give maaser. May I rely on the answer I received from the second posek absolving me from paying maaser, since the second rav is a greater authority than the first? Does it matter that I was not asking the second rav the same shaylah I asked the first?”

REQUESTING A SECOND OPINION

Before proceeding with surgery or some other major medical procedure, people usually seek additional information and opinions. Similarly, why not ask a different rav his opinion? Possibly, the second rav may even influence the first rav to change his opinion!

In order to explain this matter, we must first examine why one may not re-ask a shaylah. This topic is often simply referred to as chacham she’horah, lit.,a wise man (or Torah scholar) who ruled.

The Gemara (Avodah Zarah 7a) states, “One who asked a shaylah from a Torah scholar and he prohibited, the questioner may not ask a different scholar hoping that he will permit.” This ban forbids not only asking the shaylah a second time, but also prohibits a different scholar from answering the shaylah, as the Gemara states elsewhere (Niddah 20b): “If a Torah scholar forbade something, a different one may not permit it.” Thus, we see that not only is it forbidden to go “heter shopping” after receiving a psak, but also that a rav may not assist someone to “heter shop.”

The Rishonim deliberate why, indeed, one may not re-ask a shaylah. Here are three approaches:

Approach #1: RESPECT FOR A TALMID CHACHAM

Some explain that seeking a second opinion implies that the first rav is incompetent; re-asking the shaylah is an affront to his honor (cited by Ran to Avodah Zarah).

Approach #2: THE RAV DETERMINES

The Rosh (ad loc.) explains that when a rav is asked a shaylah, his ruling makes the item either permitted or forbidden. According to this approach, the rav’s ruling determines the halachic status of the item in question, and there is no purpose in asking the shaylah again.

Approach #3: ACCEPTING THE PROHIBITION

A third approach explains that, when submitting a question to a rav, the questioner accepts the rav’s decision and considers the item either permitted or prohibited, according to the ruling. Therefore, if the rav rules the item forbidden, the questioner has accepted this decision as binding. Tosafos (Avodah Zarah 7a s.v. hanishal) views this as an example of “shavya anafshei chaticha de’issura – considering something as prohibited,”even when everyone else knows that it is not. I will clarify this principle with a different case.

A man believes that he is a kohen, although there is insufficient evidence for his assumption. Since most Jews are yisroelim and not kohanim, his basic status is a yisroel, and he has none of the rights of a kohen. Therefore, he may not duchen, redeem a bechor or receive the first aliyah to the Torah. However, since he considers himself a kohen, he must assume the stringencies of a kohen, such as not attending funerals or becoming tamei to a corpse in any other way, or marrying a woman prohibited to a kohen. Since he himself believes that he is a kohen, he is shavya anafshei chaticha de’issura – he must consider himself prohibited as if he is a kohen.

According to this approach, when I ask a shaylah, I am accepting the rav’s opinion as binding halacha. I cannot change this psak by asking a different rav, even if the second rav is more competent.

HOW DO THESE APPROACHES DIFFER?

According to the first approach quoted, one may not seek a second opinion, because attempting to circumvent the rav’s decision slights his honor. However, if one happens to become aware of a differing opinion without attempting to go “over the first rav’s head,” one might be permitted to follow the second opinion. This is because, even though asking a shaylah a second time shows lack of respect to the first rav,once one becomes aware that the matter is disputed, the status of the case changes to the general shaylah of what to do when there is a dispute among poskim. This general shaylah is beyond the scope of this article.

Thus, according to the first approach, Reuven might be free to ignore the halachic decision of the first rav. Unfortunately for Reuven, most Rishonim do not follow this approach.

Is there any halachic divergence, however, between the Rosh’s position that the rav’s decision determines the halacha (Approach #2), and that of Tosafos, that the questioner accepts the rav’s decision (Approach #3)? The usual way to understand their argument is that according to the Rosh, the decision creates the law, whereas according to Tosafos, it is a stringency that the questioner must observe but it does not become the law. Is there any practical difference between the two positions?

LENIENT RULING

Indeed, there is! According to Tosafos’ approach, the first rav’s ruling is binding only if he was stringent, but not if he ruled leniently. If the first rav ruled leniently, not only may one ask a second opinion, but also, if the second rav ruled stringently, one is bound to follow the strict opinion. According to the Rosh, the first rav’s ruling is binding in either case, since his decision creates the law, and one would not be obligated to follow the second rav’s opinion.

HOW DO WE RULE?

The poskim dispute whether we follow the opinion of Tosafos or that of the Rosh. The Rama (Yoreh Deah 242:31) and the Taz rule like the Rosh, whereas the Shach (ibid. 59) and the Gra rule like Tosafos.

WHAT IF THE RAV ERRED?

Although the Gemara states that someone who asked a shaylah may not ask a different scholar, hoping that he will be lenient, Tosafos (Avodah Zarah 7a) rules that if one feels that the first rav erred, he may ask a second rav. If the first rav’s ruling was clearly an error, his decision is overruled. This is because such a basic error is not considered a halachic ruling at all.

What type of error is overruled?

There are three possible reasons why two poskim might disagree:

A. Machlokes beshikul hadaas – a difference of opinion.

The most common case is where two poskim understand the subject differently, resulting in different rulings. This is not an error but a difference in outlook, and the first rav’s verdict cannot be overturned.

B. Ta’us beshikul hadaas – an error in judgment

Sometimes the original decision was because the first rav ruled like one side of an earlier dispute; however, accepted practice follows the conflicting view of that dispute. This is considered an error of judgment, ta’us beshikul hadaas, since it was based on judging which opinion to follow. The poskim dispute whether such an error can be overturned (see Rama, Yoreh Deah 242:31; Shach, ad loc., and Choshen Mishpat 25:14:17).

C. Ta’us bidvar mishna – an error in facts

There are instances where the ruling is clearly erroneous. This is when the rav was unaware of information that overturns his ruling, such as where the ruling conflicts with an undisputed statement in earlier poskim or is based on inaccurate factual information (see Mishnah, Bechoros 28b). It also includes cases where the rav subsequently discovered that contemporary halachic authorities rule differently from the way he did, and he would have accepted their position, had he known (see Sanhedrin 33a).

If, indeed, the first rav erred, his ruling is invalid. Because this is so, one may ask a second rav to investigate whether the first rav’s ruling is erroneous (Tosafos, Avodah Zarah 7a).

The Rama (Shu”t #28) discusses such a case. While salting a large pile of meat on Pesach, someone discovered a wheat kernel lying on one piece of meat. The question was whether all the pieces of meat are now chometzdik and must be thrown out, or whether only the piece that actually touched the kernel is prohibited. The rav who answered the shaylah ruled leniently, but a different rav disagreed vociferously. The question was submitted to the Rama for arbitration. What is the status of the meat?

In a lengthy discussion, the Rama demonstrates that one cannot prove that the first rav erred. Therefore, the Rama rules that the meat is permitted, since he contends, like the Rosh, that once the first rav ruled leniently, that is the halacha – unless the ruling was an error. According to the opinion of the Shach, who rules like Tosafos, if the second rav’s opinion is more likely accurate, all the meat is prohibited. This is because the first rav was lenient; if he had ruled stringently, both the Rosh and Tosafos would agree that the first ruling is binding.

(By the way, the second rav who contended that all the meat was forbidden may not eat it, because of shavya anafshei chaticha de’issura. It is beyond the scope of this article to discuss whether he may eat food cooked in the pots used to cook this meat.)

Thus, we can now answer Reuven’s original shaylah. Although he would like to follow the more lenient opinion of the second posek, once he asked the first rav, he is bound by this decision and must give maaser.

MAY THE RAV CHANGE HIS MIND?

We now understand that unless the original rav erred, one cannot follow the opinion of a different rav who disagrees. However, what happens if the rav who originally prohibited the item changes his mind and now feels differently about the issues? Can the rav change his mind from what he originally ruled and change his psak halacha in that case?

Although one might think that this is certainly permitted, if one considers the reasons mentioned above, it is by no means obvious. Once the rav declared the item prohibited, who says that even he can change his ruling? Indeed, many poskim contend that he cannot, unless his first ruling was an error (Shach, Yoreh Deah 242:58), although others rule that he may change his ruling (Ran, Avodah Zarah 7a, Rama, Yoreh Deah ad loc. and Aruch Hashulchan, Yoreh Deah 242:58-60). An authoritative responsum on this subject appears in Shu”t Panim Meiros (#2).

A RECURRING SHAYLAH

What happens if the shaylah recurs? If someone asked a shaylah from a rav and the rav ruled stringently, and now the questioner has the same shaylah again, is the questioner bound to follow the psak he received previously?

The Rama (Yoreh Deah 242:31) rules that the binding decision of a rav applies only to the shaylah just asked. However, if the same shaylah recurs, one may ask the shaylah to a different rav. Also, if the first rav changed his mind and someone subsequently asks him a similar shaylah, he may and should rule differently, reflecting his current opinion.

THE SAUSAGE FACTORY

I found a very interesting halachic discussion about this very point. In the United States of the 1930s and ’40s, kashrus supervision was very chaotic. It was not uncommon for a businessman to own both kosher and non-kosher food operations, and, unfortunately, this led to many scandals when unscrupulous individuals sold non-kosher food as kosher. The Agudas Harabbanim, then the pre-eminent rabbinic organization in North America, issued a ban on the practice of providing a hechsher to a business owned by someone who also owned a non-kosher business.

A new shaylah arose when large conglomerate corporations that owned non-kosher businesses purchased kosher abattoirs or sausage companies. Was the rav who had previously provided the hechsher to the kosher business now required to remove his hechsher, simply because the parent corporation also owned non-kosher businesses, or did the prohibition to give a hechsher apply only to a business whose management or active ownership included non-kosher operations?

The Agudas Harabbanim assembled a beis din to adjudicate the matter. While this beis din was deliberating, someone questioned whether this beis din could debate the subject, contending that the Agudas Harabbanim had previously prohibited this practice in an earlier ruling. Thus, claimed the naysayer, it was a case of chacham she’horah – the issue was already a closed matter and there was no room to reopen the case!

In a teshuvah penned on Tu Bishvat 5694, Rav Yosef Konwitz, who had previously been the rav of Tzfas and at the time wasa rav in New York, argued that this is a different shaylah, and that the earlier ruling had covered only the case at hand then (Shu”t Divrei Yosef #10). Although the reasons behind the previous ruling may indeed be brought to bear on this case, the newly created beis din has every right to rule on the new cases and to rule differently from the earlier case, if the dayanim disagree with the earlier psak.

We have now established the basic rules whether the psak one receives can be overturned. The basic rules are:

I. If the original psak was an error, as defined above, then the psak is not valid.

II. If it was not an error, then, according to most poskim, the original psak is valid and the rav himself cannot change his ruling on that case. Some poskim contend that the original rav may change his opinion on the original case.

III. The original psak does not affect subsequent cases, even if they affect the same person and he asks the same rav.

Most importantly, we learn from our discussion that once one receives a psak prohibiting something, one may not shop for a heter to permit it.

Some Contemporary Bishul Akum Curiosities

Photo by melodi2 from FreeImages

Situation #1: THE GREAT CRANBERRY DEBATE

Avrumie calls me with the following question: “We are presently studying the laws of bishul akum in kollel, and someone asked how we can buy canned cranberries that are not bishul Yisrael, that is, not cooked by Jews. They seem to have all the characteristics of bishul akum.

Situation #2: THE BISHUL YISRAEL QUIZZER

A different member of Avrumie’s kollel raised another question:

Is there a legitimate halachic reason why a hechsher would require the same product to be bishul Yisrael in one factory and not in another?

Situation #3: DRAMA IN REAL LIFE

Many years ago, I substituted for the mashgiach at a vegetable cannery that was producing products for a kosher manufacturer who claimed that his products were bishul Yisrael. After arriving at the factory first thing in the morning as instructed, a foreman directed me to push a certain button, which, I assumed, initiated the cooking process. Upon examining the equipment, however, I realized that this button simply directed the cans to enter the cooker. This would probably make only the first cans bishul Yisrael, but not the rest of the day’s production. A different solution was necessary, such as momentarily lowering the temperature of the cooker and then resetting it; this would accomplish that I had added fuel to the cooking process when I reset the temperature and thereby had participated in the cooking of the vegetables. When I notified the foreman of this requirement, he firmly asserted: “This is the only button the rabbis ever push.”

Having no connections at the factory, I called the rabbi responsible for the hechsher; he did not answer his phone at that time of the morning.

What was I to do? Let Jews eat non-kosher veggies?

INTRODUCTION TO BISHUL AKUM CUISINE

Modern food production and distribution affects us in many ways, including kashrus. One aspect of kashrus with many new and interesting applications is bishul akum, the prohibition against eating food cooked by a gentile. Chazal instituted this law to guarantee uncompromised kashrus and to discourage inappropriate social interaction, which, in turn, may lead to idolatry (Rashi, Avodah Zarah 38a s.v. miderabbanan and Tosafos ad loc.; Rashi, Avodah Zarah 35b s. v. vehashelakos; see also Avodah Zarah 36b). This law has numerous ramifications for caterers and restaurants that need to guarantee that a Jew is involved in the cooking of their product. It also prohibits Jewish households from allowing a gentile to cook without making appropriate arrangements.

SICHON’S FOLLY

The Gemara tries to find a source for the prohibition of bishul akum in the Torah, itself. When the Bnei Yisrael offered to purchase all their victuals from Sichon and his nation, Emori, they could purchase only food that was unchanged through gentile cooking (see Devarim 2:26-28; and Bamidbar 21:21-25). Any food altered by Emori cooking was prohibited, because of bishul akum (Avodah Zarah 37b).

Although the Gemara rejects this Biblical source and concludes that bishul akum is an injunction of the Sages, early authorities theorize that this proscription was enacted very early in Jewish history; otherwise, how could the Gemara even suggest that its origins are Biblical (see Tosafos s.v. vehashelakos)?

Please note that throughout the article, whenever I say that something does not involve bishul akum, it might still be forbidden for a variety of other reasons. Also, the purpose of our column is not to furnish definitive halachic ruling, but to provide background in order to know when and what to ask one’s rav.

BASIC HALACHIC BACKGROUND

When Chazal prohibited bishul akum, they did not prohibit all gentile-cooked foods, but only foods where the gentile’s cooking provides significant benefit to the consumer. For example, there are three major categories of gentile-cooked foods that are permitted. We can remember them through the acronym: YUM, Yehudi, Uncooked, Monarch.

I. Yehudi

If a Jew participated in the cooking, the food is permitted, even when a gentile did most of the cooking.

II. Uncooked

A food that could be eaten raw is exempt from the prohibition of bishul akum, even when a non-Jew cooked it completely. This is because cooking such an item is not considered a significant enhancement (Rashi, Beitzah 16a).

III. Monarch

Bishul akum applies only to food that one would serve on a king’s table. Chazal did not prohibit bishul akum when the food is less important, because one would not invite a guest for such a meal, and, therefore, there is no concern that inappropriate social interaction may result (Rambam, Hil. Maachalos Asuros 17:15). Because of space considerations, I will leave further discussion of this important sub-topic for a future article. (Other aspects of the laws of bishul akum, such as the fact that smoked food is exempt from this prohibition, will also be left for future discussion.)

Let us explain some of these rules a bit more extensively.

I. Yehudi

WHAT IS CONSIDERED COOKED BY A JEW?

Much halachic discussion is devoted to defining how much of the cooking must be done by a Jew to avoid bishul akum. In practical terms, the Rama permits the food if a Jew lit the fire or increased the flame used to cook the food, even if he was not actually involved in cooking the food in any other way. On the other hand, the Shulchan Aruch requires that a Jew must actually cook the food until it is edible (Yoreh Deah 113:7).

II. Uncooked

A cooked food that can be eaten raw is exempt from the prohibition of bishul akum. For example, one may eat apple sauce or canned pineapple cooked by a gentile, since both apples and pineapples are eaten raw. Similarly, if the concerns of chalav akum and gevinas akum are addressed, one may eat cheese cooked by a gentile since its raw material, milk, is consumable raw.

Understanding this rule leads to several key questions. When is a raw food called “inedible?” Must it be completely inedible prior to cooking? Assuming that this is so; would the definition of “completely inedible” be contingent on whether no one eats it uncooked, or whether most people do not eat it uncooked, although some individuals do?

BUDDY’S SPUDS

An example will clarify my question. My friend, Buddy, enjoys eating raw potatoes, contrary to general preference. Do Buddy’s unusual taste buds mean that spuds are not a bishul akum concern?

The halachic authorities reject this approach, most concluding that we follow what most people would actually eat raw, even if they prefer eating it cooked (see, for example, Ritva, Avodah Zarah 38a; Pri Chodosh, Yoreh Deah 113:3; Birkei Yosef ad loc: 1, 9; Darkei Teshuvah 113:3, 4). In practice, different hechsherim and rabbanim follow divergent criteria to determine exactly which foods are prohibited because they are considered inedible raw.

BOGGED DOWN WITH THE CRANBERRIES.

Avrumie’s kollel’s question involves this very issue: “Someone asked how we can buy canned cranberries that are not bishul Yisrael. They seem to have all the characteristics of bishul akum.

Here is a highly practical result of the debate regarding what is considered suitable for eating uncooked. Are cranberries considered edible when they are raw? Someone who attempts to pop raw cranberries will keep his dentist well supported, since the rock-hard berries defy chewing. Thus, there is a strong argument that cranberries require cooking to become edible, and consequently are a bishul akum concern.

On the other hand, the deeply revered Cranberry Council provides recipes for eating raw cranberries by slicing or grinding them. Does the opinion of the sagacious Council categorize this fruit as an item that one can eat without cooking, so that we can remove from it the stigma of bishul akum? The advantage of this approach is a savings for a concerned hechsher, since it can now approve the esteemed berry as kosher, even when no mashgiach is present to push the buttons that cook the fruit.

GEOGRAPHIC INFLUENCES

What happens if a particular vegetable is commonly consumed uncooked in one country, but not in another? For example: I have been told that artichokes are commonly eaten raw in Egypt, but not in Spain, although they are grown for export in both countries. (Not being much of an artichoke connoisseur, we will assume for the purpose of our discussion that these facts are accurate.) Do we prohibit Spanish artichokes as bishul akum, whereas the Egyptian ones are permitted? Assuming that this boon to Egypt is true, what happens if you shipped the Spanish ones to Egypt? Do they now become permitted? And do Egyptian artichokes become prohibited upon being shipped to Spain? Indeed, I have heard that some rabbanim prohibit those cooked in Spain but permit those cooked in Egypt, depending, as we said, on whether local palates consider them edible at the time and place of production. The subsequent shipping overseas does not cause them to become prohibited, since it is cooking that creates bishul akum, not transportation. On the other hand, some contemporary poskim contend that shipping a cooked product to a place where it is not eaten raw makes it prohibited as bishul akum (Kaf Hachayim, Yoreh Deah 113:20).

CULINARY INFLUENCES

We have recently witnessed changes in the consumption of several vegetables that affect their bishul akum status. Not long ago, it was unheard of to serve raw broccoli, cauliflower, mushrooms, or zucchini, and therefore all these vegetables presented bishul akum concerns. Today, these vegetables are commonly eaten raw; for this reason, many rabbanim permit these vegetables cooked and do not prohibit them anymore as bishul akum.

A similar change might occur because of sushi consumption. When fish was not eaten raw, cooked fish was a bishul akum issue. Once it becomes accepted that certain varieties of fish are food even when served uncooked, those fish varieties will not be prohibited as bishul akum even if a gentile cooked them. I therefore refer you to your local rav to determine whether a raw fish suitable for sushi is still a bishul akum concern. Similarly, when it becomes accepted to eat raw beef liver, there will no longer be a prohibition of bishul akum to eat it broiled by a gentile – provided, of course, that a mashgiach guarantees that it is kosher liver and was prepared in accordance with halachah.

KOSHER CANNING

We are now in a far better position to analyze the issues that faced me that morning many years ago. I had been instructed to supervise a bishul Yisrael production, but I was not permitted to adjust the heat. Were the vegetables kosher or not?

The basic question is: Must a mashgiach participate in the cooking process in a modern cannery?

In the mid-80’s, when I was the Rabbinic Administrator of a local kashrus organization, I participated in a meeting of kashrus organizations and prominent rabbanim. At this meeting, one well-respected talmid chacham voiced concern at the then-prevalent assumption that canned vegetables do not present any bishul akum problem. At the time, virtually no kashrus organizations made any arrangement for canned vegetables to be bishul Yisrael, even when such foods were inedible unless cooked and of a type one would serve at a royal feast. Was all of klal Yisrael negligent, G-d forbid, in the prohibition of bishul akum?

STEAMING OUR VEGGIES

Indeed, many prominent authorities contend that contemporary commercial canning is exempt from bishul akum for several reasons.For example, in most canning operations, vegetables are cooked, not in boiling water, but by high temperature steam. Some authorities contend that Chazal never included steamed products under the prohibition of bishul akum, because they categorize steaming as smoking, an atypical form of cooking which Chazal exempted from this prohibition (Darkei Teshuvah 113:16).

Others permit bishul akum in a production facility, where there is no concern that social interactions between the producer and the consumer may result (see Birkei Yosef 112:9, quoting Maharit Tzalon). The Minchas Yitzchak (Shu”t 3:26:6) rules that one may combine these two above reasons to permit most canned vegetables today. Still others maintain that since a modern facility uses a cooking system that cannot be replicated in a household, Chazal never created bishul akum under such circumstances.

HONEST KASHRUS

Of course, someone marketing a product as bishul Yisrael is advertising that he is not relying on these heterim for his product; therefore, it would be strictly prohibited to sell these vegetables as bishul Yisrael, although whether they are kosher or not would depend on your rav’s individual pesak.

SO, WHAT HAPPENED IN THE CANNERY?

I presume that my readers have been patiently waiting to find out what happened to our ill-fated cannery.

A bit later in the morning, I was finally able to reach the rabbi responsible for the hechsher. He agreed that the production was not bishul Yisrael.

One would think that the hechsher would reward an alert mashgiach for correcting a kashrus error. Well, for those eager to develop a better world, let me tell you what ultimately resulted. A different rabbi was assigned to the job, someone less likely to call the overseeing rabbi so early in the morning. I guess that’s what happens when you don’t have the right connections.

Pouring While It’s Hot

Photo by Adam Davis from FreeImages

The end of the article answers the question: “Why are we discussing this topic the week of Parshas Matos?”

Question #1: Warming bottles

“On Shabbos, may I pour hot water onto a baby bottle containing milk or formula?”

Question #2: Sinks

“May I use my sink for both milchig and fleishig?”

Question #3: Iruy into liquids

“Does iruy cook when it falls into a liquid?”

Question #4:

“Why are we discussing this topic the week of Parshas Matos?”

Introduction:

Although our opening questions may appear unconnected, they all relate to a halachic topic called iruy kli rishon. This term refers to the halachic status of food or vessels that were heated by having hot liquid poured on them. For example, preparing a cup of tea by pouring hot water from a kettle or urn into a cup containing a tea bag is a typical case of cooking by use of iruy. Pouring hot chicken soup directly from the pot into a milchig bowl is another situation of iruy kli rishon. The word iruy means pouring,and the term iruy kli rishon means that the liquid was poured from a pot or pan that was heated directly by the heat of a fire. This article will discuss the background and the basic rules of iruy kli rishon and some halachic ramifications. As usual, our purpose is not to paskin everyone’s halachic queries. That is the role of each individual’s rav or posek.

Iruy kli rishon affects many common situations, including, for example:

The status of milchig and fleishig items in your kitchen.

How one may warm food on Shabbos.

Whether a food or utensil became non-kosher.

How to kasher utensils that became non-kosher.

Kashrus Jargon

To make this presentation clearer, let us clarify four relevant terms:

Yad soledes bo

Whenever in this article we mention something is hot, it means that it is at least yad soledes bo, meaning that it is hot enough that a person pulls his hand back, instinctively, when he touches it. There is much dispute among halachic authorities how we measure this in degrees, which is a subtopic that we will leave for a different time.

Kdei kelipah

At times, we will refer to something being cooked or absorbed kdei kelipah. For the purposes of this article, this means that, at the point of contact of the heat, some cooking or flavor absorption transpires, but does not extend further.

Kli rishon

A kli rishon is a pot, pan or other vessel that was heated directly from a source of heat, such as on a stove, inside an oven, or any other way.

Kli sheini

A kli sheini is the platter or bowl into which food is poured from a kli rishon.

An anecdote from the Gemara will clarify the status of a kli sheini.

Although most forms of hot bathing are prohibited on Shabbos, it is permitted to bathe in hot natural springs, such as those found in Iceland, Teverya, and Hot Springs, Arkansas. The Gemara (Shabbos 40b) records that Rabbi Yehudah Hanasi, also known as Rebbe, was bathing in the hotsprings of Teverya on Shabbos and was being waited on by his disciple, Rav Yitzchak bar Avdimi. Rav Yitzchak bar Avdimi had a flask of oil for Rebbe to use for anointing after he finished bathing, and Rav Yitzchak wanted to warm the flask so that the oil would be more comfortable. Rav Yitzchak asked Rebbe whether he could warm the oil in the hot spring; Rebbe replied that he may not. Then Rebbe suggested a different approach: Rav Yitzchak bar Avdimi could fill a container with hot spring water, then place the container of oil inside the larger container of hot water.

Tosafos (ad loc.) asks why the latter procedure is permitted, whereas placing the flask of oil directly in the hot spring is prohibited. In both instances, the oil is heated by water from a natural hot spring. Tosafos answers that when the vessel itself is on the fire or inside the oven, the heat of the liquid is maintained by the hot walls of the vessel, and that is why bishul occurs. However, when the container itself was never directly warmed – what we call a kli sheini – the walls of the vessel diminish the heat. As a result, the oil will not cook from the heat of the water. In other words, cooking in a vessel requires not only sufficient heat, but that the walls of the pot or vessel maintain the heat. Therefore, cooking can occur in a kli rishon but not in a kli sheini.

The Mishnah

Here is another distinction between kli rishon and kli sheini: The Mishnah (Shabbos 42a) teaches that if a pot was removed from the fire on Shabbos, one may not add spices, because this constitutes bishul. However, one may add spices to a platter containing food that was poured out of the original pot. The second case is a kli sheini, meaning that the platter itself was never on the fire. Again, the indication is that cooking requires the walls themselves to have been heated.

Iruy kli rishon

We see that whereas a kli rishon is capable of cooking, a kli sheini is not. What about pouring from a kli rishon, which is an in-between level? The hot stream coming from iruy kli rishon has no vessel walls to maintain its heat – but it also has no walls cooling down the heated product.  Do the heated walls of the kli rishon cause the cooking, in which case iruy kli rishon would not be considered cooking, or is it the cooling kli sheini’s walls that prevents cooking from transpiring, in which case iruy kli rishon would be considered cooking? This question is debated extensively by the rishonim and early poskim.

Sibling rivalry

Among the main players who weigh in on the discussion are two of Rashi’s illustrious grandsons, the Rashbam and Rabbeinu Tam (Tosafos, Zevachim 95b). The Rashbam maintained that iruy does not cook, just as a kli sheini does not. His younger brother, Rabbeinu Tam, disputed this, and contended that iruy kli rishon can cook, at least to a certain extent.

Among the Baalei Tosafos, we find a further dispute regarding whether Rabbeinu Tam held that iruy kli rishon cooks and causes absorption of flavor through the entire product or only kdei kelipah. We will be assuming the second of these approaches, which is held by the majority of authorities.

The background behind this discussion takes us to a different passage of Gemara.

Who wins?

Within the context of a hot substance falling on a cold one, or vice versa, we find a dispute in the Gemara (Pesachim 75b-76a) between the great amora’im, Rav and Shmuel, as to who “wins” – the one on top or the one on the bottom. As explained by Rashi, the Gemara teaches:

If hot food fell into hot food, such as hot meat fell into hot milk, or when one item was kosher and the other not, everyone agrees that the resultant mixture is non-kosher. The flavors of the two products became mixed because of the heat, and the result is no longer kosher.

If both food items were cold, and one can separate the two products, that which was originally permitted remains so.

The dispute between Rav and Shmuel is when one food is hot and the other cold. Rav contends that when the upper one is hot, the flavor of one food mixes into the other, rendering them both non-kosher; however, when the lower one is hot and the upper is cold, the flavors do not mix. Therefore, if the foods did not become mixed, the kosher one remains kosher. This is referred to as ila’ah gavar, literally, the upper one is stronger.

Shmuel rules that when the lower item is hot, we rule that the flavors mix, and everything becomes non-kosher. However, when only the upper one is hot, it cools off when it mixes into the lower one. This is referred to as tata’ah gavar, meaning, “the lower one is stronger.” The Gemara concludes that, according to Shmuel, when a hot substance falls into a cold substance, there is a mixing of flavors on a thin layer of the food, which is called kdei kelipah. Therefore, a thin layer is sliced off the food at the point of contact, since that layer absorbed non-kosher flavor. The rest of the food remains kosher. This ruling will be a major factor in our discussion.

Rashi notes that, although in matters of kashrus and other laws called issur veheter we usually rule according to Rav and against Shmuel, in this particular debate we rule according to Shmuel. The reason is because the Gemara notes that two different beraisos, teachings from the tanna’im, ruled like Shmuel. Thus, most of the rest of our discussions assume that tata’ah gavar.

Let us now return to the dispute between Rabbeinu Tam and his older brother, the Rashbam, concerning whether iruy is considered to have cooked something. Some authorities, following the approach of Rabbeinu Tam, contend that just as Shmuel ruled that when one pours a hot food onto a cold one, we assume that kdei kelipah became absorbed, when pouring hot water onto a cold food (such as a teabag) on Shabbos; we must assume that a kdei kelipah becomes cooked. Thus, it is forbidden, according to Rabbeinu Tam, to pour hot water onto cold, uncooked food on Shabbos. The consensus of halachic authority is to accept this ruling and to prohibit pouring hot water from a kli rishon onto cold, uncooked food on Shabbos.

Kdei kelipah

Above, we noted that when a hot substance falls into something cold, the hot substance is absorbed into the cold one to a depth of a thin layer of food. One question to resolve is whether this ruling is min haTorah oronly miderabbanan. A prominent early acharon, the Magen Avraham (467:33), contends that this ruling (that a layer of the cold food becomes prohibited) is only a chumra be’alma, meaning that min haTorah no absorption takes place, but that Chazal prohibited kdei kelipah.

Despite the Magen Avraham’s position, it is evident from many rishonim that they understood that kdei kelipah is prohibited min haTorah.

Baby bottle

At this point, let us examine our opening question:

“On Shabbos, may I pour hot water onto a baby bottle full of milk?”

We have learned that when pouring hot water from a kli rishon, the outer surface of the food may become cooked.

However, let us think for a moment about our question. Iruy potentially can cook only the outer surface, which, in this case, is the bottle itself. Observation tells us that, even assuming that vessels can become “cooked,” bottles do not become cooked by pouring boiling water on them, since they are too hard to become changed, either physically or chemically, by this amount of heat. Furthermore, the milk inside the bottle is not in the surface kdei kelipah, and, therefore, although the milk inside the bottle will become warm or even hot, it is not being cooked. Consequently, it is permitted to warm baby’s bottle on Shabbos by pouring hot water onto the outside of the bottle.

Iruy into liquids

Let us move on to the next of our opening questions: “Does iruy cook when it falls into a liquid?”

We learned that iruy kli rishon causes a small degree of absorption, and, according to Rabbeinu Tam, it also cooks. At this point, I raise a question: Perhaps this is true only when the hot water is poured onto a solid food or a vessel? Could one argue that no cooking takes place when one pours from a kli rishon into a bowl of liquid?

Why should there be a difference between a solid and a liquid? When one pours directly into a liquid, what one pours immediately disperses into the liquid into which it falls. Perhaps all the heat that would cause absorption kdei kelipah dissipates throughout the liquid and, consequently, no cooking takes place. Indeed, we find rishonim who espouse this position (Tosafos, Pesachim 40b s.v. Ha’ilpeis). Nevertheless, this is not a universally held position, and the consensus of later authorities is that we do not differentiate between liquids and solids: In all instances, we conclude that iruy kli rishon does cause some cooking (Pri Megadim, Mishbetzos Zahav, Yoreh Deah 68:9 s.v. Hadin Hashelishi).

Hot potato

At this point, we can explain a different halachic question: A hot potato is on my plate, which is a kli sheini since it was not on the fire. May I place uncooked seasoning onto the potato on Shabbos?

We learned above that I am permitted to put uncooked spices into a kli sheini. It would appear, then, that I am permitted to add raw spices to my hot potato, which is sitting in a kli sheini. Indeed, we find major authorities who seem to agree that this is considered a case of a kli sheini (see, for example, Rema, Yoreh Deah 94:7).

Nevertheless, many authorities disagree with this conclusion (Maharshal, Yam shel Shelomoh, Chullin 8:71). They note the following: Tosafos explained that the difference between a kli rishon and a kli sheini is that the cooler walls of the kli sheini are reducing the heat; this prevents cooking from taking place.

However, a hot potato on a plate is not being cooled down by the plate. Since it touches the plate on only a minimal amount of its area, perhaps the potato itself retains the halachic status of a kli rishon. This is referred to as davar gush, a solid food not having the halachic advantages of a kli sheini. Most of the commentaries on the Shulchan Aruch rule that, generally, we should be concerned about both approaches: that of the Rema,who considers this a kli sheini; and that of the Maharshal, who considers this a kli rishon. As a practical matter, this means that one usually treats a davar gush not as a kli sheini but as a kli rishon (Shach, Yoreh Deah 105:8; Taz, Yoreh Deah105:4; Magen Avrohom, Orach Chayim 318:45).

Sinks

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

“May I use my sink for both milchig and fleishig?”

The question here is as follows: A sink does not have its own heating element. As such, it is never a kli rishon, but qualifies either as an iruy situation or as a kli sheini. We learned above that iruy can cause cooking and absorption, at least kdei kelipah. For these reasons, many authorities contend that someone who has only one sink in the kitchen should treat it as treif and use either dishpans or something similar and avoid putting dishes directly onto the sink surface (see, for example, Shu”t Minchas Yitzchok 2:100). On the other hand, based on an extensive analysis of the halachic sources, one major authority concludes that using a sink for both milchig and fleishig does not meet the characteristics of iruy kli rishon and is permitted (Shu”t Igros Moshe, Yoreh Deah 1:42). I refer our readers to their own halachic authority for a practical ruling.

Koshering

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

Why are we discussing this topic the week of Parshas Matos?

After the Bnei Yisroel’s miraculous victory over the nation of Midyan, they were commanded regarding the spoils that they had now acquired: Concerning the gold and the silver; the copper, the iron, the tin and the lead: any item that was used in fire needs to be placed in fire to become pure – yet, it must also be purified in mikveh water. And that which was not used in fire must pass through water (Bamidbar 31:22-23). Here the Torah introduces the concept of kashering vessels that have absorbed non-kosher foods. In this instance, the vessels of Midyan had been used for non-kosher; could the Jews use them? The answer is that they could kasher each item in a way that expunges the non-kosher absorption, and the vessel would become kosher. As Rashi explains the posuk, any item that was used directly in fire needs to be placed directly in fire to become kosher. And that which was not used in fire directly, but was used to cook with hot water on top of the fire must pass through water that was heated directly by a fire, to kasher it.

Does something that absorbed non-kosher via iruy require kashering? According to the conclusion above, it does – since we assume that iruy kli rishon causes some absorption into the walls of the vessel. But it can be kashered through iruy kli rishon (Tosafos, Shabbos 42b s.v. Aval).

Conclusion

We now have some understanding of a complicated halachic issue with all sorts of ramifications. It provides an appreciation how much one’s rav or posek must keep in mind every time he answers one of our questions. Certainly, this is a time to value his scholarship and his making himself available when we need him.

The Crisis of Unwashed Meat

All the water in Egypt turned to blood. We also use water as part of the process in removing blood from meat, and, therefore, this week we will discuss:

Photo by Ove Tøpfer from FreeImages

Devorah calls me: “During our summer vacation, I entered a butcher shop that has reliable supervision and noticed a sign on the wall, ‘We sell washed and unwashed meat.’ This seemed very strange: Would anyone eat unwashed meat? Besides, isn’t all meat washed as part of the koshering process? What did the sign mean?”

Michael asked me: “Someone asked me if I have any problem with the kashrus of frozen meat. What can possibly be wrong with frozen meat?”

Answer: We should be aware that, although today we usually have a steady supply of kosher meat with all possible hiddurim, sometimes circumstances are more difficult. This is where “washed meat” and “frozen meat” may enter the picture, both terms referring to specific cases whose kashrus is subject to halachic dispute.

Knowing that Devorah enjoys stories, I told her an anecdote that illustrates what can happen when kosher choices are slim.

I was once rabbi in a community that has memorable winters. Our city was often covered with snow by Sukkos and, in some years, it was still snowing in May. There were several times that we could not use the sukkah without clearing snow off the schach, something my Yerushalmi neighbors find hard to comprehend.

One short erev Shabbos, the weather was unusually inclement, even for our region of the country; the major interstate highway and all secondary “state routes” were closed because of a blizzard. The locals called this weather “whiteout” — referring not to a fluid for correcting errors, but to the zero visibility created by the combination of wind and snow.

Fortunately, I lived around the corner from shul and was able to navigate my way back and forth by foot. Our house, too, was – baruch Hashem – sufficiently stocked to get through Shabbos.

About a half-hour before Shabbos, in the midst of our last minute preparations, the telephone rang:

“Is this Rabbi Kaganoff?” inquired an unfamiliar female voice. I responded affirmatively, though somewhat apprehensive. People do not call with shaylos late Friday afternoon, unless it is an emergency. What new crisis would this call introduce? Perhaps I was lucky and this was simply a damsel in distress inquiring about the kashrus of her cholent, or one who had just learned that her crock pot may fail to meet proper Shabbos standards. Hoping that the emergency was no more severe, I listened attentively.

“Rabbi Kaganoff, I was given your phone number in case of emergency.” I felt the first knots in my stomach. What emergency was this when I hoped to momentarily head out to greet the Shabbos queen? Was someone, G-d forbid, caught in the storm? I was certainly unprepared for the continuing conversation.

“I am a dispatcher for the All-American Transport Company,” she continued. “We have a load of kosher meat held up by the storm that needs to be washed by 11 p.m. Saturday.” My caller, located somewhere in the Nebraska Corn Belt, was clearly more familiar with halachos of kosher meat than she was with the ramifications of calling a frum household minutes before candle lighting. Although I was very curious how All-American had located me, a potential Lone Washer in the Wilderness, the hour of the week required expedition, not curiosity. Realizing that, under stress, one’s tone of voice can create a kiddush Hashem or, G-d forbid, the opposite, I politely asked if she could call me back in about 25 hours, which would still be several hours before the meat’s deadline. I guess that she assumed that it would take me that long to dig my car out.

Later, I determined the meat’s ultimate destination, a place we will call Faroutof Town, information that ultimately proved highly important.

Why was a Nebraska truck dispatcher calling to arrange the washing of kosher meat? Before returning to our meat stalled at the side of the highway, I need to provide some halachic background.

EXORCISING THE BLOOD

In several places, the Torah commands that we may not eat blood, but only meat. Of course, blood is the efficient transporter of nutrients to the muscles and permeates the animal’s flesh while it is still alive. If so, how do we extract the prohibited blood from the permitted meat?

Chazal gave us two methods of removing blood from meat. One is by soaking and salting the meat, and the other is by broiling it. In practical terms, the first approach, usually referred to simply as “kashering meat,” involves soaking the meat for thirty minutes, shaking off the water, salting the meat thoroughly on all sides, and then allowing the blood to drain freely for an hour. At the end of this process, the meat is rinsed thoroughly to wash away all the blood and salt. Indeed, Devorah is correct that the salting of all meat involves several washings. She was correct in assuming that the sign she saw in the butcher’s shop did not refer to these washings, but to a different washing that I will soon explain.

BROILING MEAT

An alternative method of extracting blood from meat is by broiling it. This is the only halachically accepted method of removing blood from liver. In this approach, the liver is sliced or slit to allow its blood to run out, the surface blood is rinsed off and the liver is placed under or over a flame to broil in a way that allows the blood to drain freely. Accepted practice is that we sprinkle a small amount of salt on the liver immediately prior to broiling it (Rema, Yoreh Deah 73:5).

Halachically, it is perfectly acceptable to broil any meat, rather than soak and salt it. However, on a commercial level, customers want to purchase raw meat and, therefore, the usual method used for kosher cuisine is soaking and salting. For most of mankind’s history, kashering meat was performed at home, but contemporaneously, the properly supervised butcher or other commercial facility almost universally performs it.

Although this explains why one must kasher meat before serving it, we still do not know why Ms. Nebraska was so concerned that her meat be washed en route.

SEVENTY-TWO HOURS OR BUST

The Geonim enacted that meat must be salted within seventy-two hours of its shechitah. They contended that, after three days, blood inside the meat hardens and is no longer extractable through soaking and salting. Should meat not be soaked and salted within 72 hours, they ruled that only broiling successfully removes the blood. Of course, if one does not want to eat broiled meat, this last suggestion will not satisfy one’s culinary preferences.

Is there any way to extend the 72 hours?

The authorities discuss this question extensively. Most contend that one may extend the time if the meat is soaked thoroughly for a while during the 72 hours (Shulchan Aruch, Yoreh Deah 69:13, see Taz ad loc.), although some permit this only under extenuating circumstances (Toras Chatos, quoted by Shach 69:53). On the other hand, some authorities rule that even a minor rinsing extends the 72 hours (Shu”t Masas Binyamin #108). It became standard to refer to meat that was washed to extend its time by the Yiddish expression, gegosena fleisch, hence the literal English translation, washed meat.

Also, bear in mind that this soaking helps only when the meat was soaked within 72 hours of its slaughter. Once 72 hours have passed without a proper soaking, only broiling will remove the blood. If the meat was soaked thoroughly, those who accept this heter allow a delay to kasher the meat for another 72 hours. If one is unable to kasher it by then, one can re-soak it again to further extend its 72 hours.

WASHING OR SOAKING?

At this point in my monologue, Devorah interrupted with a question:

“You mentioned soaking the meat and extending its time for three more days. But the sign called it ‘washed meat,’ not soaked meat. There is a big difference between washing something and soaking it.”

“Yes, you are raising a significant issue. Although most early authorities only mention ‘soaking’ meat, it became common practice to wash the meat instead, a practice that many authorities disputed (Pischei Teshuvah, Yoreh Deah 69:28; Darkei Teshuvah 69:231- 237). There are also many different standards of what is called ‘washing’ the meat. Some hechsherim permit meat that was not salted within seventy-two hours of its shechitah by having the meat hosed down before this time elapsed. Some spray a light mist over the meat and assume that the meat is ‘washed,’ or simply take a wet rag and wipe down the outside of the meat.”

“Why would anyone do that?” inquired Devorah.

“In general, people like to save work and water, and soaking properly a whole side of beef is difficult and uses a lot of water. In addition, if one hoses meat while it is on a truck, the water may damage the truck, whereas it is even more work to remove the meat from the truck. But if one does not hose the meat properly, most authorities prohibit it.”

At this point, we can understand why Ms. Nebraska was concerned about the washing of the meat. She knew that if the meat went 72 hours without being hosed, the rabbis would reject the delivery as non-kosher. During my brief conversation, I asked her if she knew the last time the meat was washed. “It was last washed 11 p.m. Wednesday and needs re-washing by 11 p.m. Saturday,” she dutifully notified me.

At this point, I noted to Devorah that we now had enough information to address her question. “The sign in the butcher shop stating that they sell washed meat means that they sell meat that was not kashered within 72 hours of slaughter, but was washed sometime before the 72 hours ran out. It does not tell us how they washed the meat, but it is safe to assume that they did not submerge it in water. If they were following a higher standard, they hosed the meat on all sides until it was soaking wet. If they followed a different standard, hopefully, they still did whatever their rav ruled. Since you told me that it was a reliable hechsher, presumably they hosed the meat thoroughly.”

I then asked Devorah if she wanted to hear the rest of the blizzard story. As I suspected, she did – and so I return to our snowed-in town.

MOTZA’EI SHABBOS

By Motza’ei Shabbos the entire region was in the grip of a record-breaking blizzard. Walking the half block home from shul had been highly treacherous. There was no way in the world I was going anywhere that night, nor anyone else I could imagine.

At the very moment I had told the dispatcher I could be reached, the telephone rang. A different, unfamiliar voice identified itself as the driver of the stuck truck. His vehicle was exactly where it had been Friday afternoon, stranded not far from the main highway.

The driver told me the already-familiar story about his load of kosher meat, and his instructions to have the meat washed before 11 p.m., if his trip was delayed.

There was little I could do for either the driver or the meat, a fact I found frustrating. Out of desperation, I called my most trusted mashgiach, Yaakov, who lived a little closer to the scene of the non-action. Yaakov was an excellent employee, always eager to work whenever there was a job opportunity.  I explained the situation to him.

“Rabbi,” responded Yaakov, “I was just out in this storm. Not this time. Sorry.”

I was disappointed. Not that I blamed Yaakov in the slightest. It was sheer insanity to go anywhere in this storm. In fact, I was a bit surprised at myself for taking the matter so seriously. After all, it was only a load of meat.

With no good news to tell the trucker, I was not exactly enthusiastic about calling him back. I hate to be the bearer of bad tidings. So I procrastinated, rather than tell the trucker he should sit back and wait for his kosher meat to expire.

An hour later, the phone rang again, with Mr. Trucker on the line. “Rabbi,” he told me, with obvious excitement in his voice, “I’ve solved the problem.” I was highly curious to find out where he located an Orthodox Jew in the middle of a blizzard in the middle of nowhere. For a fleeting moment, I envisioned a frum Jew stranded nearby and shuddered at the type of Shabbos he must have experienced.

The trucker’s continuing conversation brought me back to the reality of the unwashed meat.

“Well, Rabbi,” he exclaimed with the exhilaration Columbus’s lookout must have felt upon spotting land, “I discovered that I was stranded a few thousand feet from a fire station. And now, all the meat has been properly hosed. Listen to this letter.” The trucker proceeded to read me the documentation of his successful find:

“On Saturday evening, the 22nd of January, at exactly 9:25 pm, I personally oversaw the successful washing of a kosher load of meat loaded on trailer 186CX and tractor 2008PR. To this declaration, I do solemnly lend my signature and seal,

“James P. O’Donald, Fire Chief, Lincoln Fire Station #2.”

Probably noticing my momentary hesitation, the trucker continues, “Rabbi, do I need to have this letter notarized?”

“No, I am sure that won’t be necessary,” I replied. I was not about to tell the driver that halachah requires that a Torah observant Jew supervise the washing of the meat. On the contrary, I complimented him on his diligence and his tremendous sense of responsibility.

At this point, I had a bit of halachic responsibility on my hands. Since I knew the meat’s ultimate destination, I needed to inform the rav in Faroutof Townof the situation.

I was able to reach the Faroutofer Rav, Rabbi Oncelearned. “I just want to notify you that your city will shortly receive a load of meat that was washed under the supervision of the ‘Fire Station K.’” Rabbi Oncelearned had never heard of the “Fire Station K” supervision and asked if I was familiar with this hechsher. I told him the whole story and we had a good laugh. I felt good that I had supplied Rabbi Oncelearned with accurate information and prepared him for the meat’s arrival. After all, it would be his learned decision that would rule once the meat arrived in town.

WHERE’S THE BEEF?

Of course, Rabbi Oncelearned now had his own predicament: Would he have to reject the town’s entire order of kosher meat, incurring the wrath of hungry customers and undersupplied butchers? Or could he figure out a legitimate way to permit the meat?

There was, indeed, a halachic basis to permit the meat under the extenuating circumstances because of a different heter, but not because of the Lincoln fire station hose.

FROZEN MEAT

It is common that meat is slaughtered quite a distance from where it is consumed – such as slaughtering it in South America and shipping it frozen to Israel. Today, all mehadrin supervisions arrange that meat shipped this way is kosher butchered (called trabering)and kashered before it is frozen and shipped. This is a tremendous boon to proper kashrus, but it is a relatively recent innovation. Initially, these meats were shipped frozen and, upon reaching their destination several weeks later, they were thawed, trabered and kashered. Thus, the question developed whether this meat was fit to eat, since it arrived weeks after its slaughter.

In truth, earlier halachic authorities had already debated whether meat frozen for 72 hours can still be kashered by salting, some contending that this meat can only be broiled (Minchas Yaakov, Responsum #14 at end, quoted by Be’er Heiteiv 69:8; Pri Megadim, Sifsei Daas 69:60), whereas others ruled that deep freezing prevents the blood from hardening (Aruch Hashulchan, Yoreh Deah 69:79; Yad Yehudah 69:59; Shu”t Yabia Omer 2:YD:4 and Shu”t Yechaveh Daas 6:46). Some frowned on making such arrangements lechatchilah, but ruled that kashering frozen meat is acceptable under extenuating circumstances (Shu”t Igros Moshe, Yoreh Deah 1:27; 2:21).

Rabbi Oncelearned consulted with a posek who reasoned that since the truck had been stuck in a major blizzard, unquestionably the meat had been frozen solid, and that they could rely on this to kasher the meat after it thawed out. Thus, the firemen’s hose was used for naught, but I never told them. Please help me keep it a secret.

Someone meticulous about kashrus plans trips in advance to know what hechsherim and kashrus situations he may encounter. When in doubt what to do, one’s rav is available for guidance how to handle the situation.

Beer, Oil and Honey

In honor of Chanukah, I present an article that includes the Gemara’s questions about the kashrus of vegetable and olive oil.

Question #1: Beer

“Is it permitted to drink beer in a tavern?”

Question #2: Oil

“May I purchase vegetable oil from a non-Jew?”

Question #3: Honey

“Does pure honey present any kashrus issues?”

Answer

Because of concerns about inappropriate interaction with our surroundings, Chazal implemented several important gezeiros, including bishul akum, the prohibition against eating food cooked by a non-Jew, and pas akum,which, under certain circumstances, prohibits bread baked by a non-Jew. The Mishnah and Gemara discuss whether oil, honey and beer are included in these gezeiros, a topic that is highly educational.

Beer

Our opening question was: “Is it permitted to drink beer in a tavern?” The Gemara (Avodah Zarah 31b, see also Tosafos s.v. Mipnei) states that it is prohibited to drink the beer of non-Jews and quotes a dispute between amora’im why this is so. Rabbi Yitzchak prohibits it because of concerns of intermarriage, whereas Rav Nachman prohibits it because of concerns about product contamination.

The Gemara then mentions the opinions of several amora’im, some of whom held like Rabbi Yitzchak, that the reason for the prohibition is because of concerns of intermarriage, and others who held like Rav Nachman, that there are contamination concerns. For example, Rav and his son Rav Chiya held like Rav Nachman; however, they explained that not all individuals need to be concerned. This is because the hops in the beer serve as a medicinal antidote that helps many people.

On the other hand, the Gemara reports that Rav Papa would purchase beer from a tavern and carry it outside the door of the store and drink it there, whereas Rav Achai would bring the beer home first and drink it there. Both of them held that the prohibition was because of intermarriage; once the beer is removed from the jurisdiction of the non-Jew, it is permitted. In other words, we are no longer concerned about the social interactions that might result. If the concern was because of product contamination, what difference would it make where one drinks it? The Gemara explains that Rav Papa and Rav Achai both agree that it is permitted to drink beer of a non-Jew once it is removed it from his premises. Rav Achai added a personal chumra: not to drink the beer until he came home.

Why is beer different?

There is a very obvious question here: The other prohibitions that Chazal instituted because of concerns of social interaction, such as bishul akum and pas akum on cooked foods and bread, are not dependent upon where you are. Why does the prohibition concerning the beer of non-Jews apply only in the non-Jew’s home or business?

Among the rishonim, we find several approaches to explain this question. I will present just one approach, that of the Tosafos Rid (Avodah Zarah 65b), who explains that, in the other instances, the main concern is that you will find the foods produced by the non-Jew to be very tasty, and this eventually might lead to inappropriate social interactions. However, in the instance of beer, the concern is not the food, but the socializing itself, and prohibiting drinking the beer where the non-Jew lives and works is a sufficient safeguard to prevent inappropriate activity. (Those who would like to research this question more extensively are referred to the commentaries of the Ramban and theRashba, Avodah Zarah 31b.)

How do we rule?

We have a general halachic rule that, among the tanna’im and amora’im, the halacha follows the last authority who voiced an opinion. The reason for this rule is that, when a great Torah scholar analyzed the differing earlier approaches to a question and decided a certain way, we may rely on his diligence in analyzing the topic carefully, including the rulings and considerations of those who preceded him.

Historically, the latest amora’im to discuss this topic were Rav Pappa and Rav Achai, both of whom ruled that the prohibition was because of concerns about social interaction, but held that it is permitted to drink beer of  a non-Jew, once it is removed from the gentile’s place.

Bishul akum

Why isn’t beer prohibited because of bishul akum? After all, neither barley nor hops are edible raw — they become consumable only after they are cooked. Thus, shouldn’t any beer cooked by a non-Jew be prohibited as bishul akum?

This question is raised by Tosafos (Avodah Zarah 31b s.v. Vetarveihu), who explains that beer is permitted because it is not considered something that would be served on a king’s table. Tosafos presents a second answer: that the brocha on beer is shehakol. This teaches us that, from a halachic standpoint, the most important ingredient in the beer is not the grain, because then its brocha would be mezonos, but the water, and water is not prohibited as bishul akum because it is drinkable without being cooked (see also Avodah Zarah 37b; Tosafos Brachos 38a s.v. Hai; Mishnah Berurah 204:16).

The brew that made Bavel famous

Tosafos then rules that the prohibition applies both to beer made from grain, like our beer, and to the beer made from dates that was common at the time of the Gemara.

In the time of the Mishnah and Gemara, two varieties of beer were generally manufactured:

Babylonian beer – which was made from dates and hops. (Yes, this beer was Kosher lePesach!)

Medean beer – which also included a small percentage of barley malt (Mishnah Pesachim 42a; Gemara, Pesachim 42b). This latter type of beer was prohibited as chometz, although it had the status of ta’aroves chometz, a product that contains chometz, rather than chometz gamur, unadulterated chometz. Our beer, in which the main ingredient after water is barley malt, is considered chometz gamur (Rosh, Pesachim 3:1).

Kashrus of beer

Does beer in today’s world require a hechsher? According to the information available at the time that I am writing this article, beer today usually is made from only the following ingredients: barley malt, hops, and water. None of these ingredients presents a problem. However, there can be halachic problems of flavored beers and of chometz she’avar alav haPesach. Check labels for any mention of flavors added. Many breweries are coming out with specialty brews that have additives; even if you recognize the name of the company, don’t assume that all its varieties are kosher. 

Therefore, unflavored beers, domestic and imported, with no additives listed on the ingredient label, are acceptable even without a hechsher, as long as there is no problem of chometz she’avar alav haPesach, and you drink them in the comfort of your own home or anywhere outside the non-Jew’s house or business. This applies also to non-alcoholic and dark beers.

Oil

The Mishnah (Avodah Zarah 35a) states as follows: “These items of a non-Jew are prohibited [to eat], but benefit is permitted from them: milk, bread, and oil. Rebbe and his beis din permitted the oil.”

Tosafos notes that it is unclear whether these last words (“Rebbe and his beis din permitted the oil”) are part of the Mishnah, or whether they were added later, and that it was not Rabbi Yehudah Hanasi and his beis din who permitted oil of non-Jews, but his grandson, usually called Rabbi Yehudah Nesiah (see Tosafos, Avodah Zarah 36a s.v. Asher and 33b s.v. Ba’a).

This Mishnah leads us to many questions. Why was the oil of non-Jews prohibited and, assuming that it was, how could Rabbi Yehudah Nesiah (or his grandfather Rabbi Yehudah Hanasi) permit its use?

The Gemara quotes a dispute in the first generation of amora’im, between Rav and Shmuel, in which Rav holds that the original Mishnah contended that the oil of non-Jews was prohibited as an injunction created by the Biblical Daniel, and Shmuel holds it was prohibited because this oil was refined in non-kosher pots. Based on a verse in the book of Daniel (1:8), Rav understands that Daniel had implemented a gezeirah, similar to the prohibitions against wine of a non-Jew, that banned consuming oil processed by non-Jews. In the time of Daniel, this prohibition applied only in the cities, but, later, the beis din of the students of Shammai and Hillel extended the prohibition to ban this oil even outside cities.

Shmuel contended that the reason why the tanna kamma of the Mishnah banned the use of oil processed by non-Jews was due to a kashrus concern that existed in his day. Since oils were usually prepared at home, there was concern that even 100% pure vegetable oil might have been heated in non-kosher vessels, thus rendering the oil treif.

Both approaches need to be explained. If the prohibition was a takanah instituted by Daniel and by the students of Shammai and Hillel, how could the beis din headed by Rabbi Yehudah Hanasi/Nesiah permit it? There is a halachic principle that once a takkanah has been implemented, it can be overruled only by a beis din that is greater both in knowledge and in numbers, which was not the case in this instance. And if the oil was prohibited because it was refined in non-kosher pots, why did the later beis din allow it?

Releasing the gezeirah

The Gemara concludes that whenever Chazal make a gezeirah, it is binding only when the Jewish people observe it. If most of the Jewish people do not observe the gezeirah, it is not binding. Rabbi Yehudah Hanasi/Nesiah and his beis din researched and discovered that the gezeiros prohibiting non-Jewish oil were never observed by the majority of people. That being the case, the beis din of Rabbi Yehudah Hanasi/Nesiah could rescind the gezeirah.

Regarding the possibility that the oil was manufactured in non-kosher equipment, the Gemara explains that this was actually a dispute between the earlier great leaders, who prohibited the oil of non-Jews, and the beis din of Rabbi Yehudah Hanasi/Nesiah, which permitted it.

Let me explain:

The Gemara (Avodah Zarah 67b) quotes a dispute between tanna’im whether nosein ta’am lifgam (literally, something that provides a bad taste) is prohibited or permitted. If we assume that nosein ta’am lifgam is prohibited, oil that a non-Jew processed in his own equipment is prohibited because his equipment was previously used for non-kosher. However, if nosein ta’am lifgam is permitted, then food cooked in a pot that was not used in the last 24 hours is usually permitted, even when the pot was previously used for non-kosher. (Note that it is always prohibited le’chatchilah to cook food in such equipment.)

On this basis, although it is prohibited to use a non-kosher pot, food that was cooked in it using only kosher ingredients may remain kosher, since there is a possibility that the pot had not been used for the last 24 hours, and, even if it had been, the non-kosher cooked within the previous 24 hours may have contributed an unpleasant taste to the kosher food (see Tosafos, Avodah Zarah 35b s.v. Miklal).

The earlier Mishnah held that nosein ta’am lifgam is prohibited and, therefore, oil purchased from non-Jews may not be used. But since the accepted ruling is that nosein ta’am lifgam is permitted, the beis din of Rabbi Yehudah Hanasi/Nesiah ruled that it is kosher.

Modern vegetable oil

From a kashrus perspective, in the modern world, vegetable oil is indeed a very sensitive product. Vegetable oil is often refined on equipment that produces non-kosher animal shortening or fish oils. This equipment is not cleaned between productions, and there may be very high percentages, much higher than the ratio of bitul, of residual animal shortening on the equipment when the vegetable oil is produced. There is also the possibility that the oil is shipped in trailer trucks that previously held a non-kosher product. For these reasons, reliable kosher supervisory agencies are careful about which sources of vegetable oil they allow for use, and they have developed a system to make sure that the oil is transported in a way that does not render it non-kosher.

Deodorization

Most fats, even after refining, have characteristic flavors and odors, and vegetable fats, especially, have a relatively strong undesirable taste. In order to produce a tasteless fat, these oils may undergo deodorization. Unfortunately, if the deodorizing equipment is used also for animal shortening, this process makes the vegetable oil non-kosher.

The processing of vegetable oil without proper oversight can also be the cause of severe safety issues, as the following story indicates:

Toxic Oil Syndrome was the name given to a disease outbreak in Spain in 1981. Its first appearance was as a lung disease with unusual features: though the symptoms initially resembled a lung infection, antibiotics were ineffective. The disease appeared to be restricted to certain localities, and several members of a family could be affected, even while their neighbors had no symptoms. Following the acute phase, a range of other chronic symptoms were apparent. Eventually, the cause was traced to the consumption of rapeseed oil (canola is a safe and edible variety of rapeseed) that had been intended for industrial use, not for human consumption. It had been imported as cheap industrial oil, was subsequently refined and sold as “olive oil” by street vendors, and then used on salads and for cooking by the unsuspecting victims. The commonly accepted hypothesis states that toxic compounds added during the refinement process, used to denature oils intended for industrial use, were responsible for the illness.

Honey

Honey has been used as a food for thousands of years, and, until the advent of sugar refining, it was the most common food sweetener. To produce honey, bees suck nectar from flowers and deposit it into a special honey sac. Inside the sacs, enzymes contained in the bee’s saliva convert the nectar into honey, which the bees store in a honeycomb until they need it for food, or until the hive is raided by a two-legged forager. The nectar is never “digested” by the bee, but rather transformed into honey.

Is honey kosher? We know that milk and eggs of non-kosher species are non-kosher, so why is honey considered kosher? Regarding this question, the Gemara (Bechoros 7b) records a dispute between the tanna kamma and Rabbi Yaakov. The tanna kamma contends that honey is not produced by bees, but is simply modified plant nectar, unlike milk and eggs that are produced by the non-kosher species. For this reason, he rules that honey is kosher.

Rabbi Yaakov permits honey for a different reason: He contends that although there is indeed a universal rule prohibiting extracts of non-kosher species, a special Scriptural allusion excludes honey from this proscription.

The Mishnah (Avodah Zarah 39b) rules that honey may be purchased from a non-Jew and eaten. The Gemara (ad locum) questions why this is true, concluding that the three possible concerns why it should be prohibited do not apply to honey.

1. Admixture of non-kosher ingredients.

The Gemara concludes that we are not concerned that someone may add a non-kosher ingredient to honey, because any non-kosher product will ruin the taste of the honey.

2. Bishul akum

Since honey is edible raw, cooking honey does not create a prohibition of bishul akum.

3. Non-kosher equipment

The Gemara concludes that the non-kosher flavor in the equipment would create a nosein taam lifgam flavor in the honey, which is permitted.

Today, honey is an expensive commodity that is easily adulterated. However, the ingredients that are commonly used to adulterate it, such as sugar, sorghum syrup, molasses or corn sweetener, are kosher. As a result, we are not required to be concerned that the honey was adulterated with a non-kosher ingredient.

Every year around Rosh Hashanah, Israeli newspapers contain reports about unscrupulous companies selling adulterated honey. Certainly, one should be careful to purchase honey and not an adulterated product, particularly since one has no idea what the manufacturer may have added. However, from a strictly halachic point of view, the various cheaper sweetening ingredients used to adulterate honey, such as corn sweetener and molasses, are kosher; so it is difficult to imagine serious kashrus problems resulting from this unscrupulous practice.

We should note that “honey flavoring” and “flavored with honey” do not mean the same thing. “Honey flavoring” means a natural or synthetic flavoring that is meant to taste like honey, and could indeed contain non-kosher ingredients. Any food item, such as a sucking candy, that contains honey flavoring should have a reliable hechsher.

Conclusion

Based on the above information, we can gain a greater appreciation of how hard it is to maintain a high kashrus standard. We certainly have a greater incentive to become educated kosher consumers who better understand many aspects of the preparation of kosher food, and why it is important to ascertain that products have a proper hechsher. We should always hope and pray that the food we eat fulfills all the halachos that the Torah commands.

Glycerin in Today’s World

Photo by Artem Zhushman from FreeImages

Question #1:

“In what types of food products is glycerin used?”

Question #2:

“Is glycerin kosher?”

Question #3:

“What is the difference between glycerin, glycerine, and glycerol?”

Question #4:

“The other day, I was using some vanilla extract in a recipe and noticed that the extract itself had a sweet taste. I know that vanilla is usually extracted with alcohol, but this particular product was labeled “alcohol-free,” and apparently used glycerin instead.I am curious about the nutritional properties of glycerin. Does it affect the body like sugar? Is it calorie-free?”

Introduction:

Glycerin comes from fats (either animal, vegetable or mineral) and originally was a by-product of soap or candle manufacture. The process of producing soap has not changed significantly since it was first discovered thousands of years ago. The method is very similar to that described by the halachic authorities, who refer to a process of cooking fat and ashes together. Today, we call these ashes lye, and it usually consists predominantly of sodium hydroxide or potassium hydroxide, both alkalis. Cooking these together with fat creates a chemical reaction called saponification, from the Latin word sapo, meaning soap. The process converts the fat and alkali into soap and an alcohol such as glycerin. The glycerin splits off from the fatty acids and mixes together with water, forming an odorless, sweet-tasting, syrup-like liquid.

Glycerin is also created naturally in the process of manufacturing some alcoholic beverages. It can also be produced chemically from petroleum, but, in the United States, glycerin from petroleum is not generally used in food.

Properties of glycerin

Glycerin, sometimes spelled glycerine, and sometimes called glycerol, has a number of interesting properties. Mixing glycerin with nitric acid creates nitroglycerine, which can be used to treat chest pain or to blow up mountains or enemies. Glycerin attracts water like a sponge, making it useful for skin care, since adding it to a lotion or cosmetic will help your skin remain moist. It is also commonly added to soaps, candles, deodorants and makeup. You might find glycerin in toothpaste, which will help prevent drying out or hardening in the tube.

Glycerin is a common ingredient in pharmaceuticals, including heart medication, suppositories, cough remedies and anesthetics. For example, it allows the medicinal agent in the cough syrup to coat the throat of the patient. Since glycerin is water based, it is very useful for this application. In addition, glycerin’s sweetness may mask the distaste of the anti-cough agent, thus making the syrup smoother and tastier. Mixed into wax and used as a suppository, glycerin’s moisture-attracting properties draws water from the body into the colon, which stimulates a bowel movement.

Athletics and glycerin

Athletes run a constant concern about dehydration, and drinking large quantities of water or sports drinks usually results in quickly losing a sizable portion of the fluid through urination. One still-being-researched suggestion is to add a tiny amount of glycerin to water drunk before exercise. Some contend that this increases fluid retention considerably.

Food uses of glycerin

Since glycerin absorbs moisture, it may keep a product moist for a longer period of time. Thus, it is useful as a safe preservative, and, has a marketing advantage that it does not to be listed as a preservative. Used in a product like a cereal bar, glycerin helps it avoid becoming hard and brittle. When used to coat raisins, glycerin keeps them from sticking to one another. Since glycerin has a syrupy texture, it may be used in a glaze or as a thickener. Since it coats the throat, it is sometimes used as an ingredient in whiskeys.

Glycerin is often added to foods to help oil-based and water-based ingredients mix. It can be used to prevent ice crystals from forming in frozen foods, such as frozen yogurt, ice cream and other desserts.

Is glycerin used as a sweetener?

Who would expect that a processed derivative of oils or fats would be sweet? Glycerin’s sweetness is one of the great, low-key gifts that Hashem bestows on us. Because it is sweet, baked goods, confections, and pharmaceuticals sometimes have glycerin incorporated into their formulas. However, glycerin, unlike sugar, is not a classic carbohydrate. For this reason, companies eager to make low-carb claims use glycerin, sometimes as a substitute for sugar, but it also has many other valuable properties.

Glycerin belongs to a special category of carbohydrates called polyols. A polyol is an organic compound containing multiple hydroxyl groups, meaning that its chemical description includes an OH, because it contains an oxygen atom bonded to a hydrogen atom. Polyols are low-calorie sugar replacers with a clean, sweet taste and are approved for food. Among the polyols that we eat are: erythritol, hydrogenated starch, hydrolysates, isomalt, lactitol, maltitol, mannitol, sorbitol and xylitol. Erythritol, chemical formulaC4H10O4, for example, is a sugar alcohol that is considered safe as a food additive in the United States and throughout much of the world. It was discovered in 1848 by Scottish chemist John Stenhouse, and was first isolated in 1852. It occurs naturally in some fruits. When used to replace sugar, polyols cause smaller increases in blood glucose and insulin levels than do sugars and other carbohydrates. Therefore, snacks sweetened with polyols may be useful.

Like sugar alcohols, glycerin tastes sweet, but it is not metabolized as sugar in the body, and doesn’t cause a rise in blood sugar. For that reason, it is sometimes used as a sweetener in foods marketed to diabetics and low-carb dieters.

Kashrus of glycerin

Glycerin is perhaps the most kosher-sensitive ingredient that any company can have. There is no way to test chemically whether the glycerin is manufactured from an animal, vegetable or mineral source, and non-kosher glycerin produced from animal fat is plentiful and often less expensive than are the other varieties. To compound the problem, as bio-diesel and other processes using vegetable oil have increased, less vegetable oil is available for the production of glycerin and this is being replaced by increasing the amount of animal fat used to manufacture glycerin.

Kosher glycerin is generally derived from vegetable oil, although it can also be chemically synthesized from petroleum. It is claimed that vegetable glycerin was originally discovered accidentally more than two centuries ago, by heating a mixture of olive oil and lead monoxide. But it became economically and industrially significant only in the late 1800s, when it was first used to make dynamite. Until that point, all glycerin was manufactured from animal fat.

Much of the kosher, vegetable-based glycerin is made from triglyceride-rich vegetable fats, such as palm, soy or coconut oil, and usually comes from countries like Malaysia and Indonesia that have an abundance of coconut and palm trees, although some kosher vegetable glycerin is made in the United States. Supervisors of kosher glycerin production need to oversee that the equipment used to produce it and the trucks and ships used to ship it in bulk are used only for kosher product or are koshered before use.

As with almost any substance, a small number of people have sensitivities or allergies to glycerin, and it can be toxic, if consumed in sufficient quantities. But, in its typical food uses, predominantly as a safe method of keeping foods fresh or as a low-glycemic sweetener, glycerin is generally safe. It is not, however, calorie-free.

This entire preamble was to provide background to an event that happened when I made a random kosher inspection of a factory several years ago. The company, which we will call Quality Bakery Products, was a manufacturer of wholesale products for the bakery and dairy industries, such as fruit mixes and toppings, glazes, maraschino cherries, fudges, etc. Thus, the fruit flavors in your yogurt, the fudge on your cookies, the fruit mixes in your fruit cakes may have originated in this factory. They did not produce retail sizes; everything was packed only in gallons, tubs and drums.

On that particular visit, I discovered a partially used drum of glycerin, without kosher markings. Glycerin was not a product that the company ordinarily used in their products and was not listed as an approved raw material by the hechsher. I was fairly certain that this glycerin was from non-kosher animal sources, and indeed, a small amount of research proved that I was correct. Since glycerin has a sweet taste and was certainly not bateil, the product or products manufactured with this glycerin were unquestionably treif.

Why did the company order glycerin? In what was it used? And where was it sent?

Within a short period of time, I was able to unravel what had happened. A new customer, a donut manufacturer that we will call “Diamond Donuts,” contacted Quality Bakery with a large order for a donut glaze. Diamond Donuts had very specific requirements for the glaze – including glycerin as an ingredient. Presumably, Diamond Donut wanted glycerin in its glaze because it is sweet, syrupy and keeps the donuts fresher without any requirement to mention the nasty word “preservatives” on the label.

The sales staff accepted the order, the manufacturing department placed it on the schedule, sending on to the purchasing department the ingredient requirements that were not in house. The glycerin was ordered. No one at Quality Bakery picked up on several obvious errors they had made. For example, they were required by contract to contact the hechsher before purchasing new raw materials or changing suppliers, and glycerin was not an ingredient listed on their approved list.

The distributor through whom they ordered the glycerin sent them the least expensive product he had in stock, which happened to have been animal-derived glycerin. The ingredient was used, an entire container of drums of glaze was produced and was on the highway to Diamond Donuts by the time I discovered the problem. I was able to contact the rabbis at both hechsherim, Quality Bakery and Diamond, and the mashgiach who handled Diamond Donuts, to alert them that the glaze marked kosher was indeed very treif. The glaze and the leftover drum of glycerin were both destroyed, and many, many neshamos were fortunately saved from mistakenly eating treif donuts.

What is the moral of the story? For one, that hechsherim should have tighter controls on their companies. There should be a system in place so that new raw materials are not used without having the mashgiach sign off that they have been checked for kashrus concerns, just as these materials are checked for safety and efficacy.

For another, they should make sure that all key personnel at their companies fully understand the reasons for, and the details of, their kosher program. Included in the granting of the hechsher should be a periodic, scheduled meeting with all decision-making plant personnel, including the plant manager, production managers, purchasing agents, and the quality assurance staff, to guarantee that they all understand the responsibilities of a kashrus program.

And that we should all daven daily that we do not eat anything non-kosher.

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