bread – RabbiKaganoff.com

Pizza, Pretzels, and Pastry

The beginning of this week’s parsha discusses the mitzvah of reciting birkas hamazon after eating bread. This provides an excellent opportunity to discuss which baked goods are considered bread and which not, and what other halachic differences exist between them.

Shaylah 1. Yehuda is famished and spots a pizza shop with a reliable hechsher. Entering the shop, he sees no place to wash before eating, but the friendly counterman assures him, “No problem, our pizza is mezonos!” Is the counterman’s psak correct?

Shaylah 2. While driving inter-city, Baila snacks on some packaged cookies. Before realizing it, she has single-handedly eaten the entire box! Does she recite al hamichyah or must she bensch?

Shaylah 3. It is hard for Dovid to wash at work, so instead of taking sandwiches he eats crackers with his meal. Can he thereby avoid washing netilas yadayim?

Shaylah 4. When Shifra invited her new Sefardi neighbors for a Shabbos meal, they told her that they do not make hamotzi on challah that tastes sweet. When Shifra offered them matzoh instead, she was told that they make mezonos on it! Why is there such a difference between our practices?

To answer each of these shaylos, we need to study the halachic subject known as “pas haba’ah be’kisnin,” a term we will translate later. As a working definition, we could say that this includes baked goods usually eaten as a snack rather than as a meal. In this article we will discuss the halachic details of pas haba’ah be’kisnin; in general these items are mezonos and one recites al hamichyah when eaten as a snack, but they require washing, hamotzi, and the full bensching when eaten as a meal.

HOW CAN SOMETHING SOMETIMES BE HAMOTZI AND SOMETIMES MEZONOS? DOES IT HAVE AN IDENTITY CRISIS?

In a way, yes. Sometimes these items fulfill the role of bread and sometimes they do not. But before we explain the role of pas haba’ah be’kisnin, we must first explain why bread is unique.

As we know, Chazal established a special beracha just for bread — hamotzi lechem min ha’aretz — and it is the only food that requires full bensching. The Torah views bread as mankind’s staple food and as such it has berachos of its own.

WHAT IS BREAD?

My dictionary defines bread as something made from flour and water (or another liquid) and baked. This definition is highly inadequate since, according to this definition, croissants, cake, cookies, pretzels, pastry, tarts, pies, teiglach, kichel and many other items are all “bread,” yet even Marie Antoinette did not serve them as substitutes for bread on a regular basis.

Thus, we need a better definition for bread, or at least for bread that always requires netilas yadayim, hamotzi and bensching. The Beis Yosef (Orach Chayim 168) explains that these halachos apply to bread that is prepared the way it is typically used for sustenance, rather than as a snack. Baked goods that are typically eaten not as a staple but as a snack are placed in a different halachic category.

With this introduction, we can now discuss our subject. The Gemara (Berachos 42a) tells us that if one eats as much pas haba’ah be’kisnin as most people consider a meal, one must treat it as bread. Under such circumstances, one must wash netilas yadayim, make hamotzi and bensch. The rationale is that by eating pas haba’ah be’kisnin for sustenance, we are treating it like bread. Thus, pas haba’ah be’kisnin is usually eaten as a snack, and when eaten this way its beracha is mezonos and al hamichyah (Rosh).

WHAT CONSTITUTES PAS HABA’AH BE’KISNIN?

There are three basic interpretations of pas haba’ah be’kisnin:

1. Bread made from spiced or sweetened dough (Rashi, Berachos 41b; Rambam, Hilchos Berachos 3:9). Most pastry and cake fit into this category.

2. Bread made with a pocket that is filled with sweets before it is baked (Tur). This is similar to kokosh and rugelach, where regular bread dough is rolled between layers of chocolate or cinnamon before it is baked.

3. Hard bread like a cracker, biscuit, kichel or pretzel (Rav Hai Gaon).

The “bread” of all three above instances is usually not eaten as a staple, but as a snack. According to many later authorities we rule like all three opinions above. Therefore, any baked item that is sweetened, spiced or has too hard a texture to be eaten as regular bread is considered pas haba’ah be’kisnin (see Shulchan Aruch, Orach Chayim 168:7; see also Maamar Mordechai and Biyur Halacha to 168:8). For all of these items, the berachos will be mezonos and al hamichyah if eaten as a snack, and will be hamotzi and require full bensching if eaten as a full meal.

Matzoh is baked similar to a cracker, yet is usually eaten as a substitute for bread rather than as a snack. Since it is usually eaten in order for one to be satiated rather than as a snack, Ashkenazim treat matzoh as regular bread. On the other hand, except for on Pesach, they are not eaten regularly the rest of the year and are also not too different from other crackers. For these reasons, Sefardim treat them as pas haba’ah be’kisnin the rest of the year, and only treat them as bread on Pesach, when they function as our regular bread On Pesach, Sefardim also recite hamotzi over matzoh, since this is the regular bread of the Yom Tov (see Machazik Beracha 158:5).

We should note that boiled or fried items never have the law of pas haba’ah be’kisnin, but are always mezonos even if eaten as a full meal. Thus, most authorities rule that the berachos for pasta, kneidlich, donuts and chremzlich (the latter two are deep fried) are mezonos and al hamichyah and do not require netilas yadayim, no matter how much you eat and regardless how many calories you gain. (It should be noted that there is an opinion that disagrees, see Shulchan Aruch 168:13).

A LITTLE SWEET

What about an item that is just a bit sweet, such as many Ashkenazi Shabbos challos?

The poskim dispute how sweet something must be to be considered pas haba’ah be’kisnin. The Shulchan Aruch, followed by the Sefardim, rules that even if the dough is only a little sweet, one should treat it as pas haba’ah be’kisnin and it is mezonos as long as the sweetness is noticeable, whereas the Rama, who is followed by Ashkenazim, rules that it has to be very sweet or very spicy to be pas haba’ah be’kisnin.

Thus, we have explained Shifra’s question (that we mentioned above) why Sefardic and Ashkenazic practices are so different regarding matzah and sweet challah.

WHEN IS PAS HABA’AH BE’KISNIN CONSIDERED A STAPLE?

I mentioned before that when pas haba’ah be’kisnin is eaten as a staple rather than as a snack, one must wash netilas yadayim before eating itand must recite hamotzi and bensch on it. What defines the difference between a staple and a snack?

According to many poskim, if what one ate is enough to be considered a large meal, then it is treated like bread. Other poskim contend that even if one ate an amount the size of four eggs, one is already required to wash netilas yadayim and make hamotzi. (For our purposes, we will say that four ke’beitzim is approximately 8.4 ounces.)

Some contend that one makes hamotzi even for the equivalent of three ke’beitzim, or about 6.3 ounces. Thus, someone who eats four ke’beitzim or more of pastry outside of a meal creates a shaylah as to what beracha to recite before and after eating, and whether he must wash netilas yadayim. One should avoid this shaylah by eating less than the equivalent of four ke’beitzim, unless one eats it as part of a meal (Mishnah Berurah 168:24), and some contend that one should eat less than the equivalent of three ke’beitzim (Birkei Yosef 168:4).

DOES THIS AMOUNT INCLUDE THE OTHER ITEMS ONE IS EATING, OR JUST THE “PAS” PART OF THE MEAL?

If someone ate an entire meal of meat and vegetables without bread but with pas haba’ah be’kisnin, must he wash netilas yadayim, and does he recite hamotzi and bensch? The Magen Avraham (168:13) rules that he must wash netilas yadayim, make hamotzi and bensch since he ate pas haba’ah be’kisnin together with the meal. Thus, he is satisfied from eating a meal containing pas haba’ah be’kisnin, which requires him to treat it as bread. As we will see, Ashkenazim usually follow this psak (Mishnah Berurah 168:24). Thus, substituting crackers instead of bread for supper and eating as many crackers as one typically eats bread with a meal will not exempt someone from washing netilas yadayim and he will still recite hamotzi and bensching.

The Birkei Yosef (168:6) disagrees, contending that we calculate only how much pas haba’ah be’kisnin he is eating. Thus, one is exempt from netilas yadayim as long as one ate less than four ke’beitzim of pas haba’ah be’kisnin. If someone eats less than three ke’beitzim, one recites mezonos on the crackers, ha’adamah on the vegetables, and shehakol on the meat, and afterwards recites al hamichyah and borei nefashos, since he did not eat four ke’beitzim of pas haba’ah be’kisnin. One should avoid eating between three and four ke’beitzim outside of a meal, but if one did eat this much, he would make an al hamichyah afterwards (VeZos HaBeracha pg. 37). This is the approach usually followed by Sefardim.

We can now explain how Shifra can accommodate the needs of her Sefardic guests. There are a total of three different disputes between Sefardim and Ashkenazim, all related to the halachos of pas haba’ah be’kisnin.

1. Do we consider sweet challah to be bread or pas haba’ah be’kisnin?

2. Do we consider matzoh to be regular bread or pas haba’ah be’kisnin?

3. If someone eats a full meal containing less than three ke’beitzim of pas haba’ah be’kisnin does he recite hamotzi and bensch or not?

In all three of these shaylos, Ashkenazim follow the first alternative and Sefardim the second. Therefore, whereas an Ashkenazi makes hamotzi on a sweet challah or on matzoh, a Sefardi will not make hamotzi on it unless he intends to eat four ke’beitzim. An Ashkenazi inviting a Sefardi should ideally provide challah that has no noticeable sugar to make his guest comfortable. A Sefardi eating at an Ashkenazi’s house where there is only sweet challah should eat four ke’beitzim of the challah in the course of the meal.

TRAVELING NOSHER

We can also now paskin the shaylah of Baila, our traveler who ate an entire bag of cookies while driving. If she ate so many cookies that she is full from them, she must bensch, even though she did not wash netilas yadayim before imbibing her cookies, since she ate enough to be considered a filling, if not particularly balanced, meal.

THE KIDDUSH

At a large kiddush or a smorgasbord, many courses are served that certainly suffice for a full meal. In addition, crackers and cake are usually also served, both of which qualify as pas haba’ah be’kisnin. Thus, an Ashkenazi who eats enough for a full meal should wash netilas yadayim and make hamotzi on the crackers, if he intends to eat an amount of crackers equivalent to the amount of bread that one would usually eat with this meal.

According to many poskim, a Sefardi merely needs to keep track that he eats less than three ke’beitzim of pas haba’ah be’kisnin to avoid a shaylah.

How does an Ashkenazi participate in the kiddush without eating a full seudah and yet without creating a shaylah what beracha to make?

The two best options are to eat the cake and crackers either before or after he eats the rest of the Kiddush foods. If he eats them first, the optimal way to avoid the shaylah is by reciting an al hamichyah after eating the cake or crackers and then eating the other items at the kiddush (VeZos HaBeracha pg. 35). This demonstrates that the pas haba’ah be’kisnin and the rest of what he is eating are not one big meal.

An interesting phenomenon results from this discussion. It is not uncommon for someone to attend a kiddush and eat a considerable amount of cake, crackers and other food without washing netilas yadayim. This is incorrect because they have eaten a full seudah that requires washing and bensching. Then, they come home fairly full and, wanting to save room for the rest of the Shabbos meal, they eat only a small piece of challah, less than they need to fulfill the mitzvah of seudas Shabbos, or even to require them to bensch. This is also incorrect. They should eat a ke’beitzah of challah within a few minutes in order to make sure that they fulfill the mitzvah of seudah.

What if someone decides only in the middle of a snack that he is going to eat enough to make a meal? If he will still be eating enough to be considered a meal, he should wash and make hamotzi on what he is yet to eat. On the other hand, if what he intends to eat is not enough for hamotzi by itself, but only in combination with what he ate already, then he should not make a new beracha but should complete eating what he has left without washing (Magen Avraham 168:14). When he finishes eating, he bensches — creating the rather unusual situation of reciting mezonos before eating and bensching afterwards.

“MEZONOS ROLLS”

Bakeries that produce so-called “mezonos rolls” knead them with enough juice or milk to consider them pas haba’ah be’kisnin according to some authorities. These rolls should taste fairly sweet, and if they do not, are hamotzi for an Ashkenazi even if one takes only a nibble from them.

However, even when they are sweet, the beracha is mezonos only when one eats a small amount. When eating a full meal together with mezonos rolls, one must wash netilas yadayim, recite hamotzi, and bensch afterwards. Thus, the “psak” of the pizzeria’s counterman that the pizza is mezonos was certainly not accurate if the partaker is an Ashkenazi eating a full meal. Furthermore, it is not the preferred method if he eats three ke’beitzim or more of pizza, and certainly not if he ate four.

There is another reason to question his psak, as we will discuss.

PIZZA, BUREKAS AND MEAT PIES

The Shulchan Aruch (168:17) rules that the beracha on an item called “pashtida,” a baked item filled with meat, fish or cheese, is hamotzi. This sounds exactly like a case that should have the halachic status of our second type of pas haba’ah be’kisnin mentioned above, where one fills a pocket in a dough. Yet, the Shulchan Aruch rules that pashtida is considered bread! Why is pashtida different?

The poskim present several answers to this question.

(A) Pashtida is indeed a form of pas haba’ah be’kisnin. The Shulchan Aruch is discussing a case in which he ate a full meal, and that is why the beracha is hamotzi (Taz 168:20).

(B) There is a difference between dough filled with sweet things and one filled with satisfying things like cheese, fish or meat. The latter case, which is the case of pashtida, is always hamotzi, since it is meant to satisfy and not as a sweet snack (Emek Beracha, quoted by Taz 168:20; Graz 168:10).

(C) Pashtida is regular bread dough and therefore its beracha is hamotzi. If it was made with an oily dough, such as one makes burekas, then indeed it would be considered pas haba’ah be’kisnin (Birkei Yosef 168:7; see a similar approach in Aruch HaShulchan 168:50).

At first glance, pizza and pashtida seem comparable and both should be hamotzi. However, according to the first approach above, this is true only if one ate a lot of pashtida and pizza, otherwise it is still comparable to pas haba’ah be’kisnin. According to the second approach above, both pashtida and pizza are hamotzi even if one eats only a small amount. Thus, there is an additional reason why pizza might be hamotzi even if one ate only a small amount.

Adding milk or juice to the flour will only make a difference according to the last approach. According to this opinion, pizza produced with regular bread dough is hamotzi, whereas adding milk or juice to the dough might make it into pas haba’ah be’kisnin. Even this is by no means certain, since the pizza itself does not taste different by virtue of the milk or juice added to its dough.

Thus, according to many poskim, pizza is always hamotzi, whereas according to some poskim it is pas haba’ah be’kisnin and therefore sometimes mezonos, depending on how much one eats, as I explained above.

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

Pas Yisroel and the Aseres Yemei Teshuvah

Question #1: Aseres Yemei Teshuvah

“Must I use pas Yisroel during the Aseres Yemei Teshuvah?”

Question #2: Friendly Baker

“A group of neighbors, both Jewish and non-Jewish, are getting together to make a surprise birthday party for one of the non-Jewish people on the block who has been incredibly helpful to us all. Since there are some frum people on the block, the party will be strictly kosher. One of the non-Jewish neighbors is a baker by trade and will be baking everything in one of the kosher houses. Is there any problem with his doing this, when the frum people are supplying all the ingredients?”

Question #3: Why Now?

Why are we discussing this topic before Rosh Hashanah?

Background

Pas Yisroel means bread baked by a Jew or with Jewish participation. The Mishnah teaches: The following items of a non-Jew are forbidden to be eaten, but are permitted for benefit: milk milked by a non-Jew without a Jew supervising; their bread and their oil, although Rebbe and his beis din permitted the oil; and cooked items (Avodah Zarah 35b). Thus, we see that Chazal prohibited consumption of bread made by gentiles. This bread, commonly called pas akum, means bread made by a non-Jew, without Jewish involvement. Yet, we will soon see that there are many unusual and confusing rules governing when this bread is prohibited and when not. Aside from our need to know how to apply these laws, understanding the reasons will allow us to appreciate several other areas of both halachah and hashkafah, including how a takanas Chazal is made. Furthermore, we need to know how to apply these laws during the aseres yemei teshuvah, when they have special significance. So, let us roll up our sleeves to get deep into this doughy topic!

Takanas Chachamim

When Chazal implement a takanah prohibiting an item or activity, it is binding on all Jews and remains so, permanently. This means that, as a general rule, a takanah cannot later be annulled. However, there are some limited instances in which something prohibited because of a takanah can later be permitted.

There are two ways that a takanas chachamim may be rescinded, both of which require the decision of a major beis din of klal Yisroel with the power of the Sanhedrin. One instance is when the rescinding beis din consists of greater Torah scholars who have a larger following of disciples than did the original beis din that created the takanah. However, even this method of rescinding an earlier takanah does not apply to a list of takanos created by the disciples of Hillel and Shammai. To quote the Gemara, no later beis din could rescind these takanos, which are called The Eighteen Matters. (The details of this topic we will leave for a different time.)

The second situation in which a takanas chachamim may be rescinded is when the original takanah had not been accepted – meaning that it was not kept properly by the Jewish people. In the latter situation, since the takanah was not observed, the major beis din of klal Yisroel has the ability to withdraw the original takanah.

Basic background

With this initial background, we can now examine the history and the halachah of the takanah of pas akum. In the days of the disciples of Hillel and Shammai, when the Second Beis Hamikdash still stood, Chazal forbade eating pas akum – even when there are no kashrus concerns about the ingredients or the equipment used to prepare the bread (Avodah Zarah 36a). The reason for this enactment was to discourage social interaction that can lead to intermarriage.

We find a dispute among the rishonim whether the prohibition was limited to bread that gentiles baked or whether it included even dough prepared by a gentile that was then baked by a Jew. According to the Ran and the Tur, the prohibition of pas akum includes even when a non-Jew mixed or otherwise prepared dough that was then baked by a Jew. The logic is that the reason for the takanah could apply equally to bread in which the dough was prepared by a gentile, and furthermore, the Mishnah does not limit the prohibition to bread baked by a gentile, but states simply their bread.

Resolving this dispute directly impacts the second of our opening questions:

“A group of neighbors, both Jewish and non-Jewish, are getting together to make a surprise birthday party for one of the non-Jewish people on the block who has been incredibly helpful to us all. Since there are some frum people on the block, the party will be strictly kosher. One of the non-Jewish neighbors is a baker by trade and will be baking everything in one of the kosher houses. Is there any problem with his doing this when the frum people are supplying all the ingredients?”

According to the Ran and the Tur, this bread would be prohibited, because it was prepared by a gentile, regardless of who baked it. However, notwithstanding their opinion, most authorities rule that pas akum is limited to bread baked by a gentile. Thus, as long as this bread is baked by a Jew, it will be kosher, regardless as to who mixed the dough and the ingredients. However, if the gentile neighbor baked the bread in a Jewish house without any Jewish participation, it is prohibited according to most authorities, even when all the ingredients are kosher.

Sometimes permitted?

We have seen that the Mishnah lists the prohibition of pas akum, and does not imply that this ban has any exceptions. Yet, we find passages in both the Talmud Bavli and in the Talmud Yerushalmi implying that the prohibition was not observed universally. Apparently, this was because bread is such a staple and, Jews often found themselves living in a place where there were no Jewish commercial bakeries; baking all one’s bread at home was impractical.

In the Bavli (Avodah Zarah 35b), we find the following:

Rav Kahana, quoting Rav Yochanan, said: “The prohibition of pas akum was not rescinded by beis din.” This statement implies that someone held that it was, and that Rabbi Yochanan, one of the greatest amora’im, is rejecting that approach. The Gemara then explains that, indeed, some people had, in error, understood that the prohibition of pas akum no longer applies.

To explain what happened, the Gemara shares with us some history: One time, while Rebbe (Rabbi Yehudah Hanasi, the author of the Mishnah) was traveling, a non-Jewish person brought him a large, nice loaf of bread. Subsequently, Rebbe was heard to exclaim: “What a nice loaf of bread this is! What did Chazal see to prohibit it?”

Based on this comment, some people understood Rebbe’s comment to mean that the takanah of pas akum indeed no longer applied. Although more than a hundred years before Rebbe the disciples of Hillel and Shammai had prohibited it, they understood that Rebbe had rescinded the takanah, and, therefore, he mused why Chazal had once declared this bread to be prohibited. The Gemara concludes that the understanding of these people was erroneous. Rebbe’s comment was whimsical; he never intended to permit pas akum (Avodah Zarah 35b).

Yerushalmi versus Bavli

The just-quoted passage of Gemara Bavli implies that there is no heter to use pas akum. On the other hand, a passage in the Yerushalmi (Avodah Zarah 2:8) disputes this. There, it quotes an early statement to the effect that the laws concerning the prohibition of pas akum appear to be inconsistent. The Yerushalmi then suggests several possibilities to explain what inconsistency exists regarding the laws of pas akum. The Yerushalmi concludes that this is the inconsistency: In a place where pas Yisroel is available, one would assume that one is not permitted to use pas akum, yet one may.

It thus appears that we have discovered a dispute between the Talmud Bavli and the Talmud Yerushalmi, in which the Bavli ruled that pas akum is prohibited and the Yerushalmi ruled that it is permitted. If this is true, then we should rule according to the Bavli and prohibit all forms of pas akum.

Yet, the Rif, the major early halachic authority, cites both the passage of the Bavli and that of the Yerushalmi, implying that there is no disagreement between them.

Resolving the Rif

To explain how one early authority, the Rashba, resolves this difficulty, I will follow Jewish tradition by answering a question with a question. Although the Gemara (Avodah Zarah 35b) ultimately rejects this conclusion, it had entertained the possibility that Rebbe rescinded the takanah of pas akum. Upon what halachic basis could Rebbe have been able been able to rescind a takanah? Since this takanah was created by the disciples of Hillel and Shamai, it cannot be abrogated by a later beis din. The only other possibility is that the takanah of pas akum had not been properly observed. Therefore, a later beis din could rescind the takanah. Thus, the conclusion of the Bavli implies that, although Rebbe didn’t rescind the takanah of pas akum, he could have, since it was not properly established.

At this point, we can explain what the Rif meant. There is no contradiction between the Bavli and the Yerushalmi. The Bavli teaches two things:

That the takanah of pas akum could have been rescinded.
That Rebbe was not the one who did so, and that it was still valid in his time.

The Yerushalmi teaches that at some point after Rebbe, someone did, indeed, rescind the takanah to a certain degree (Rashba, quoted by Ran). The Ran himself explains that even the Bavli can be read in a way that it implies that the prohibition was rescinded.

To what extent?

Based on the Rif, we know that there was some rescinding of the takanah. Our next question is: To what extent was the prohibition rescinded?

Among the rishonim, we find various approaches defining to what extent the prohibition of pas akum was relaxed. Some contend that this depends on location – in some places the takanah was not initially accepted, and in these places Chazal relaxed the takanah to a greater extent than they did elsewhere.

However, even in places where the custom was to be lenient, not all pas akum was permitted. In all places, bread baked by a gentile for personal use and not for sale is prohibited. This bread is called pas baalei batim.

The dispute whether and to what extent one may be lenient concerns only bread baked for sale. This bread is called pas paltur, literally, bread baked for a merchant, and is sometimes permitted. To what extend it is permitted is the subject of a controversy that we will discuss shortly.

Invitation to the White House

The next case might be an application of this law: Someone receives an invitation to a meal at the White House that will be supervised, so that all the ingredients are kosher and the equipment is all brand new, special for the event. If the mashgiach did not participate in the baking of the breads, they might be prohibited because of pas baalei batim. (See a dispute about this matter in Birkei Yosef, Yoreh Deah 112:2, 3, 6). This is because the bread was not baked for sale, but for the “personal use” of the residents of the White House and their guests.

When is pas paltur permitted?

Returning to our discussion, what conditions need to be met for pas paltur to be permitted? There is a wide range of opinion among halachic authorities. According to the Shulchan Aruch, one may use pas paltur whenever no Jewish bakery is available, even in a city with a sizable Jewish community. If pas Yisroel becomes available, then the pas paltur should not be used until the pas Yisroel is no longer available, even if the pas paltur has already been baked (Yoreh Deah 112:4).

Less tasty

The authorities disagree whether one may eat pas paltur even when there is a Jewish bakery, but the pas Yisroel is less tasty than the bread of the gentile (Tur). The Shulchan Aruch rules leniently that if the pas paltur is of better quality or is of a variety that is not available from a Yisroel, one may use it (Yoreh Deah 112:5).

A more lenient approach

The Rema is more lenient than either the Rambam or the Shulchan Aruch, concluding that, where the custom is to permit pas paltur, one may consume it, even when pas Yisroel is available (Yoreh Deah 112:2). The Bach and the Gra follow the opinion of the Rema, whereas other opinions agree with the Shulchan Aruch and permit pas paltur only when pas Yisroel is not available and in a place where the custom is to be lenient (Shach). All of the above opinions agree that it is prohibited to use pas baalei batim, bread baked by a gentile for personal use (Yoreh Deah 112:7).

The prevalent approach among most hechsherim in North America is to follow the opinion of the Rema and permit pas paltur. As a rule of thumb, most Mehadrin hechsherim in Eretz Yisroel are strict and do not permit pas paltur.

When was it baked?

What is the defining factor determining whether bread is pas paltur or pas baalei batim? Is this determined by what was intended when the bread was baked, or what ultimately happens with the bread? For example, if a gentile baked bread to sell, but found no customer for it, and therefore kept it for himself, may a Jew eat this bread? Indeed, this is the subject of an early dispute, most halachic authorities contending that the defining factor is what was intended when the bread is baked. According to this approach, bread baked by a gentile for his own use who then decided to sell it is prohibited. On the other hand, if he baked the bread intending to sell it and then brought it home for his own use, it may be consumed (Toras Habayis 3:7). However, most authorities seem to conclude that when a gentile invited someone over to eat, it is forbidden to break bread with him, regardless as to whether it was originally baked for sale or not (Shach; Pri Toar).

Friendly baker

Here is an interesting ramification of our current discussion, slightly modified from one of our opening questions: “A group of neighbors, both Jewish and non-Jewish, are making a strictly kosher party. One of the non-Jewish neighbors owns and operates a bakery that has a hechsher, but it is not pas Yisroel. Can he bring bread that was baked at his bakery for the party?”

According to most opinions, this bread is forbidden, since it was not baked for sale.

Jewish participation

The entire issue of whether and under what circumstances a Jew can eat bread baked by a non-Jew is problematic only when the entire baking procedure is done without any participation of a Jew. However, if a Jew increases the heat of the oven in any way, even by merely symbolically adding a splinter to the fire, the bread baked is considered pas Yisroel. The Rema furthermore states that if a Jew increased the fire once, and the oven was not turned off for twenty-four consecutive hours, then all the bread is considered pas Yisroel.

In a large, modern, industrial bakery, it is usually very easy to arrange that everything baked there should be pas Yisroel. Since these bakeries operate seven days a week, whenever the mashgiach visits, he needs simply to adjust upward the thermostat or dial until he sees that he has added fuel to the fire, and then return the dial to its setting. This will make the bread pas Yisroel for the foreseeable future. I have done this personally numerous times and so have many others.

The reason why this is not usually done is very simple: The consumer is not clamoring for it to be done, and the hechsherim follow the approach that pas paltur is permitted. If consumers would demand that the bread under hechsher be pas Yisroel, it all would be.

Aseres Yemei Teshuvah

We can now answer Questions #1 and #3 which we posed earlier. Notwithstanding the conclusion that, at least under certain circumstances, pas akum is permitted, several rishonim record that one should be stringent during the Ten Days of Repentance to use only pas Yisroel, even in a place where the custom is to be lenient and use pas paltur (for example, Rosh, Rosh Hashanah 4:14, at very end; Tur, Orach Chayim 603). This approach is quoted by the Shulchan Aruch (Orach Chayim 603) and all the later authorities. Those who rule leniently in allowing the use of pas paltur during the Aseres Yemei Teshuvah rely on the opinions that in a large, commercial bakery, where the consumer does not know any of the workers, there is no halachic concern of pas akum. One should be aware that this heter is not mentioned by most authorities, and it is disputed by many who quote it (see Birkei Yosef, Yoreh Deah 112:9). Shu”t Minchas Yitzchok 3:26:6 rules that one may combine this heter with another heter that would be insufficient on its own.

In conclusion, according to predominant opinion, if a Jew participated in the heating of the oven, the bread is considered pas Yisroel. If no Jew participated in heating the oven, the pas paltur bread baked by a non-Jew may be used, according to the Shulchan Aruch, when there is no pas Yisroel of equal quality available. According to the Rema, in a place where the custom is to be lenient, one may use pas paltur, even if pas Yisroel is available, except during the Aseres Yemei Teshuvah.

Conclusion

The Gemara teaches that the rabbinic laws are dearer to Hashem than the Torah laws. In this context, we can explain the vast halachic literature devoted to understanding this particular prohibition, created by Chazal to protect the Jewish people from major sins.

Holey Foods: Of Donuts and Bagels

Question #1: Challah on donuts

“Is there a requirement to separate challah from donuts?”

Question #2: Frum cousin

“I have discovered that a cousin of mine eats donuts only as part of a meal. Is there a halachic basis for his practice?”

Question #3: Holy bagels

“May I use bagels for lechem mishneh on Shabbos?”

Question #4: Top of the grill

“If I bake small loaves of bread on top of the grill, do they qualify as hamotzi and may I use them for the seudos of Shabbos?”

Question #5: Waffling along

“A friend of mine just purchased a factory that manufactures waffles. Does he need to have challah taken? The factory is located in a rural area, where there is no Jewish population.”

Introduction:

To understand the issues raised by our opening questions, we must analyze the definition of “bread,” particularly for the three different mitzvos mentioned: the separating of challah, the brochah of hamotzi, and the fulfillment of lechem mishneh, having two loaves at the Shabbos repasts. (Please note: This entire article will use the word challah to refer to the Torah’s mitzvah of setting aside a sample of dough to be given to a kohen, or to be burnt if the dough is tamei. I am not referring to the unique bread that is customarily served at Shabbos and Yom Tov meals, which has come to be called challah, although this is, technically, a misnomer.)

Separating challah

We will begin our discussion with the laws of challah taking, since this will make it easier to present the halachic literature on the other topics.

The Torah describes the mitzvah of challah in the following passage:

When you enter the land to which I am bringing you, it will be that, when you eat from the bread of the land, you shall separate a terumah offering for G-d. The first dough of your kneading troughs shall be separated as challah, like the terumah of your grain shall you separate it (Bamidbar 15:18-20).

The Torah requires challah to be taken from your kneading troughs, from which we derive that there is no requirement to separate challah unless there is as much dough as the amount of manna eaten daily by each member of the Jewish people in the desert. Chazal explain that this amount, called ke’shiur isas midbar, was equal to the volume of 43.2 eggs. In contemporary measure, we usually assume that this is approximately three to five pounds of flour. (For our purposes, it will suffice to use these round figures. I encourage each reader to ask his own rav or posek for exact quantities.)

The requirement to separate challah depends on the ownership of the dough at the time it is mixed, not on who mixes it. In other words, if a Jew owns a bakery, there is a requirement to separate challah, even if his workers are not Jewish. Similarly, if a gentile does the kneading in a Jewish-owned household, nursing home or school, one must separate challah. And, conversely, there is no requirement to separate challah at a bakery owned by non-Jews, even if the employees are Jewish.

When there is a definite requirement to separate challah, one recites a brochah prior to fulfilling the mitzvah. As with all blessings on mitzvos, the brochah begins Baruch atoh Hashem Elokeinu Melech ha’olam asher kideshanu bemitzvosav vetzivanu. There are different opinions and customs as to the exact text used in concluding this brochah. Among the versions I have seen: Some conclude lehafrish terumah, others lehafrish challah, and still others lehafrish challah min ha’isa.

Getting battered

Is there a requirement to separate challah when one is mixing a batter, as opposed to dough? The answer to this question is that it depends on how the batter is baked. When the finished product is baked in an oven, there is a requirement to separate challah, whether or not it was originally dough or a batter (Shulchan Aruch, Yoreh Deah 329:2). Similarly, dough or a batter baked in a frying pan or a “wonder pot” (a pot meant for baking cakes on top of the stove) is also chayov in challah (Shulchan Aruch, Yoreh Deah 329:2). (Again — bear in mind that there is a requirement to separate challah only when there are at least three pounds of flour in the batter, a circumstance that is unusual when baking on a household stovetop.)

Waffles, when baked from batter poured into molds, are chayov in challah (Shulchan Aruch, Yoreh Deah 329:5). However, pancakes, which are made by pouring dough directly onto a stovetop or a frying pan, are exempt from challah (Shulchan Aruch, Yoreh Deah 329:5), even if one makes a large quantity. Why are waffles included in the requirement to take challah, but not pancakes? After all, both are made from loose batters.

The rishonim explain that when processing a thin batter without an oven, the finished product requires challah only when it has a bread-like appearance, what the Gemara calls turisa denahama, which it receives when baked in a mold (Tosafos, Brochos 37b s.v. Lechem). When a batter is neither baked in an oven nor poured into a mold prior to being baked, it does not form a turisa denahama. Therefore, pancakes, which are made from a batter, are not baked in an oven and are not poured into a mold, never form a turisa denahama, which is a requirement for them to become chayov in challah.

The waffle factory

At this point, we can address the fifth question that was asked above: “A friend of mine just purchased a factory that manufactures waffles. Does he need to have challah taken? The factory is located in a rural area where there is no Jewish population.”

The Shulchan Aruch rules that one is required to separate challah from waffles that are baked in a mold and therefore form a shape. Since a factory uses more than five pounds of flour in each batch of waffle mix, one should separate challah with a brochah, even though there are no Jews involved in the production. Ideally, arrangements should be made to have a frum person present during production to separate challah. Alternatively, there are methods whereby challah can be separated by appointing a frum person who is elsewhere as an agent for separating challah, but the logistics that this requires are beyond the scope of this article.

Sunny dough

All opinions agree that dough baked in the sun is not obligated in challah (Pesachim 37a). Also, a batter prepared in a frying pan that has some water in the bottom of the pan is patur from challah (Shulchan Aruch, Yoreh Deah 329:2), since this is considered to be cooked batter rather than baked bread.

Holy donuts

At this point, we can begin to explain whether donuts require the separation of challah. Donuts are made of dough with a reasonably thick consistency that is then deep-fried, or cooked in oil (these are two ways of saying the same thing). Cooking is not usually considered a process that creates bread. The question is whether the requirement to take challah exists already because it is mixed into dough, or that there is no requirement to take challah unless one intends to bake the dough.

According to one approach in the rishonim, one is obligated to separate challah from any dough that meets the size (43.2 eggs) and ownership (Jewish) requirements mentioned above, regardless of whether one intends to bake, cook or fry the dough afterwards (Rabbeinu Tam, as understood by Tosafos, Brochos 37b s.v. Lechem and Pesachim 37b s.v. Dekulei alma). Since the Torah requires separating challah from dough, it is possible to contend that there is a requirement to separate challah from dough even when there is no intention to bake it into bread, but cook it as pasta, kreplach, or donuts. According to this approach, a Jewish-owned pasta factory is required to separate challah for the macaroni, spaghetti and noodles that it produces. (Note that some authorities who accept Rabbeinu Tam’s basic approach, that any dough is obligated in challah, nevertheless exempt dough manufactured for pasta because of other reasons that are beyond the scope of our topic [see Tosafos, Brochos 37b, s.v. Lechem, quoting Rabbeinu Yechiel].)

The Shulchan Aruch (Yoreh Deah 329:3) concludes that dough that one intends to cook or fry is exempt from the requirement to take challah, ruling against Rabbeinu Tam. However, the Shach contends that one should separate challah without a brochah. Again, this would be required only if someone prepared a dough containing at least three pounds of flour. The Shach would hold this way also regarding other products that involve cooked or fried dough, such as kreplach. Thus, a caterer, restaurant or hotel cooking a large quantity of kreplach for a communal Purim seudah should have challah taken from the dough, in order to take into consideration the Shach’s position.

So, the simple answer to the question, “Is there a requirement to separate challah from donuts?” is that, according to the Shach, there is such a requirement, if more than three pounds of flour are being used. However, no brochah should be recited when separating challah, even when using a large amount of flour, since most authorities exempt dough that one intends to cook or fry from the requirement of taking challah.

Hamotzi

Having established some of the rules germane to the requirement to separate challah, do the same rules apply when determining what items require hamotzi before eating them? This is, itself, a subject that is disputed (see Tosafos, Pesachim and Brochos 37b s.v. Lechem). Some authorities contend that the rules for brochos are identical to those applied to the separation of challah, whereas others rule that one does not recite hamotzi unless another requirement is met – that the finished product has a bread-like appearance (turisa denahama). The halachic basis for drawing a distinction between the mitzvah of challah and the brochah to be recited is that the requirement to separate challah is established at the time the dough is mixed, whereas the halachic determination of which brochah to recite is created when the food is completed (Rabbeinu Yonah, Brochos; Shulchan Aruch, Orach Chayim 168:13).

Most authorities conclude that the correct brochah prior to eating a dough product that is cooked or fried is mezonos. According to this opinion, the correct brochah to recite before eating donuts or cooked kreplach is mezonos. (Sometimes kreplach are baked, which might change the halacha.) However, there is a second opinion that the correct brochah on these items is hamotzi, because they are all made from dough. According to this latter opinion, one is required to wash netilas yadayim prior to eating these items and to recite the full birchas hamazon (bensching) afterwards.

How do we rule?

The Shulchan Aruch (Orach Chayim 168:13) and the Rema (ibid.) both follow the majority opinion that the correct brochah prior to eating a dough product that is cooked or fried is mezonos. However, the Shulchan Aruch also cites the minority opinion, that one should recite hamotzi prior to eating a cooked dough product. He concludes that, to avoid any question, someone who is a yarei shamayim should eat a cooked dough product only after making hamotzi and eating a different item that is definitely bread. This way, the G-d fearing person avoids all halachic issues.

Some authorities question this solution, since a snack food requires a brochah even when consumed in the middle of a meal. A snack that is made out of dough is included under the halachic heading called pas habaah bekisnin, a topic I have written about in other articles, including one entitled Pizza, Pretzels and Pastry that can be found on the website RabbiKaganoff.com. (Those eager to pursue this question are also referred to the Magen Avraham [168:35] and the Machatzis Hashekel [ad loc.])

We now have enough information to answer the second of our opening questions: “I have discovered that a cousin of mine eats donuts only as part of a meal. Is there a halachic basis for his practice?”

Indeed, there is. According to the Shulchan Aruch’s recommendation that a yarei shamayim eat cooked dough foods only after reciting hamotzi on a different food that is definitely bread, your cousin is following the approach advised by the Shulchan Aruch to cover all the bases. However, this practice is not halachically required.

Holy bagels

At this point, let us return to the third of our original questions:

“May I use bagels for lechem mishneh on Shabbos?”

To answer this question, let us spend a moment researching how bagels are made. The old-fashioned method of making bagels was by shaping dough into the well-known bagel with-a-hole circle, boiling them very briefly and then baking the boiled dough.

Modern bagel factories do not boil the dough, but instead steam the shaped bagels prior to baking them, which produces the same texture and taste one expects when eating a bagel, creates a more consistent product and lends itself more easily to a mass production process. In either way of producing bagels, the halacha is that their proper brochah is hamotzi, because they are basically baked products (Shulchan Aruch, Orach Chayim 168:14). Since halacha treats them as regular bread, they may be used for lechem mishneh on Shabbos and Yom Tov. So, although bagels and donuts often share a common shape, they do not, in this case, share a common halachic destiny.

Top of the grill

At this point, let us examine the fourth of our original questions: “If I bake small loaves of bread on top of the grill, do they qualify as hamotzi, and may I use them for the seudos of Shabbos?” Does bread baked on top of a grill qualify as bread for hamotzi and lechem mishneh?

We can prove what the halacha is in this case from a passage of Talmud. The Gemara (Pesachim 37a) quotes a dispute between Rabbi Yochanan and Reish Lakeish whether bread baked in a pan or pot is chayov in challah or not. According to Rabbi Yochanan, all such bread is chayov in challah, whereas according to Reish Lakeish, it is chayov in challah only if the pan is preheated, and then the dough is placed inside; however, if the dough is placed into a cold pan which is then heated, there is no chiyuv challah.

Although Rabbeinu Chananel rules according to Reish Lakeish in this instance, most rishonim rule according to Rabbi Yochanan, and this is the conclusion of the Shulchan Aruch. The halachic conclusion is, also, that this bread requires the brochah of hamotzi (Rema, Orach Chayim 168:14). Furthermore, most authorities understand that the dispute between Rabbi Yochanan and Reish Lakeish is when one is attempting to make bread out of a batter by baking it in a pan on top of the fire, but that all opinions agree that dough baked on top of the fire is definitely treated as bread. Therefore, we can answer this question positively: Bread produced this way may be used for the Shabbos meals, including lechem mishneh.

Conclusion

We have discovered that there are a variety of regulations that define whether something is chayov in challah, requires hamotzi and may be used for lechem mishneh. Dough or batter that is baked in an oven or other baking process and looks and services like bread, is bread for all these mitzvos.

On the other hand, a batter that is subsequently cooked or fried is not considered bread for any of these purposes.

In between, we have our donuts, which, although made from dough, are cooked. One should take challah from them without a brochah, assuming that there is sufficient quantity to create a chiyuv. For brochos purposes, we usually consider them mezonos, although there is a basis to be more stringent and to eat them, always, within a meal, to avoid getting involved in a halachic dispute.

Since we have spent most of our article discussing the mitzvah of challah, we should note the following Medrash that underscores its vast spiritual significance: “In the merit of the following three mitzvos, the world was created – in the merit of challah, in the merit of maasros, and in the merit of bikkurim” (Bereishis Rabbah 1:4).

What Makes Bread Jewish?

Since the end of our parsha discusses Pharaoh’s non-Jewish baker, I thought it appropriate to discuss some of the laws of pas akum, pas Yisroel and pas paltar.

What Makes Bread Jewish?

Question #1: No Bagels

“Where I live, the local frum bakery does not make bagels. Am I permitted to purchase brand name bagels that are not pas Yisroel?”

Question #2: Commercial versus bakery

“On Shabbos, am I required to use exclusively pas Yisroel, which is hard to get in my town?”

Question #3: Who is a Jew?

“What defines my bread as being Jewish?”

Basic background

In the days of the disciples of Hillel and Shammai, Chazal forbade eating bread made by non-Jews, called pas akum – even when there are no other kashrus concerns, neither about the ingredients nor about the equipment used to prepare the bread (Avodah Zarah 36a). To quote the Mishnah: “The following items of a non-Jew are forbidden to be eaten, but are permitted for benefit: milk milked by a non-Jew without a Jew supervising; their bread and their oil — although Rebbe and his beis din permitted the oil — and their cooked items” (Avodah Zarah 35b). This article is concerned primarily with pas akum, but also touches on another takanah mentioned in this Mishnah: the prohibition against eating food cooked by a gentile. The Mishnah refers to this food as shelakos – literally, cooked items – but the prohibition is usually called bishul akum.

Pas akum glossary:

To facilitate our understanding of the prohibition of pas akum, I will now define some of the terms germane to the subject.

Pas Yisroel – bread baked by a Jew, or where a Jew participated in its baking.

Pas baalei batim – bread baked by a non-Jew for his personal use, which is almost always forbidden.

Pas paltar – bread baked by a non-Jew for sale. Notwithstanding the above quote from the Mishnah, the halachah is that pas paltar may be eaten, at least when certain conditions exist.

Bishul akum glossary

Although bishul akum has its own glossary of terms, the only term we need for our article is oleh al shulchan melachim, which means “something that would be served on a king’s table.” The halachah is that the prohibition of bishul akum applies only when the food is something that would be served on a king’s table.

Dispute about pas paltar

As our title and opening questions indicate, most of our article will discuss the laws of pas Yisroel and the extent to which pas paltar is permitted. As I explained in another article, the Rishonim understand that pas paltar is permitted under some circumstances. There is a basic dispute among halachic authorities as to what those conditions are. According to the Shulchan Aruch and the Shach, it is permitted to use pas paltar only when there is no comparable pas Yisroel available. However, if the pas paltar tastes better, or one wants to eat a variety of bread that is not available in his locale as pas Yisroel, one may use pas paltar. Nevertheless, according to this opinion, one must constantly assess whether pas Yisroel is available before using pas paltar.

Some authorities permit purchasing pas paltar even when pas Yisroel is available, in a situation where there would not be enough pas Yisroel for everyone if there were no pas paltar available (Kaf Hachayim 112:30). They also permit pas paltar when purchasing exclusively pas Yisroel would drive up its price (Kaf Hachayim 112:30).

On the other hand, other authorities are more lenient, ruling that pas paltar is always permitted (Rema). This heter was so widespread that the Rema, in Toras Chatas, his detailed work on the laws of kashrus, wrote: “Since the custom in most places is to be lenient, I will therefore not expound on it at length, because the widespread practice is to permit this bread and eat it, even when there is pas Yisroel available. Therefore, one who is careful about pas Yisroel may choose to be machmir to the extent that he wants.”

Brand-named bagel

At this point, we can answer the first of our opening questions: “Where I live, the local frum bakery does not make bagels. Am I permitted to purchase bagels manufactured by a large company that are not pas Yisroel?”

The answer is that, according to all accepted opinions, one may use these bagels when no pas Yisroel bagels are available locally.

Hechsherim and pas Yisroel

Based on the opinion of the Rema, most hechsherim in North America do not require that the bread products that they supervise are pas Yisroel. Of course, this does not resolve the matter for Sefardim, who should use pas paltar only when no comparable pas Yisroel is available. Mehadrin hechsherim in Eretz Yisroel are, in general, stringent and require their products to be pas Yisroel.

It should be noted that the primary commentary on the Toras Chatas, the Minchas Yaakov, written by seventeenth-century posek and Gadol Rav Yaakov Breisch, points out that someone who has been machmir to follow the approach of the Shulchan Aruch, and then decides that he wants to be lenient and follow the Rema, is required to perform hataras nedorim before he may use pas paltar.

Aseres Yemei Teshuvah

The Rema in the Toras Chatas writes further: “However, during the days between Rosh Hashanah and Yom Kippur, the Rosh and the Mordechai wrote that one should be stringent.” This ruling is accepted by the Shulchan Aruch (Orach Chayim 603) and all later halachic authorities.

Pas akum on Shabbos

The authorities dispute whether the heter of using pas paltar applies on Shabbos. The Darchei Moshe (Orach Chayim 603:1) and the Magen Avraham (242:4) rule that one should not use pas paltar on Shabbos, whereas the Elyah Rabbah (242:10) rules that one may use pas paltar on Shabbos, just as one may on weekdays. Most later opinions follow the approach of the Darchei Moshe and the Magen Avraham that on Shabbos one should use only pas Yisroel, when available (see, for example, Chayei Adam, 1, 4; Aruch Hashulchan, Orach Chayim 242, 45; Mishnah Berurah 242:6). This is considered an aspect of kavod Shabbos, honoring the sanctity of Shabbos (Shulchan Aruch Hagraz, 242:13; Mishnah Berurah 242:6). However, when no pas Yisroel is available, or it is not comparable to the pas paltar, one may use pas paltar, even on Shabbos.

At this point, we can examine the second of our opening questions: “On Shabbos, am I required to use exclusively pas Yisroel, which is hard to get in my town?”

According to accepted halachic approach, one should use pas Yisroel on Shabbos when available, unless the pas paltar tastes better.

Breading for Shabbos

Many people do not realize that although they bake all their Shabbos bread at home, or purchase it only from Jewish bakeries, that when they bread their chicken or use croutons for Shabbos, they may be using pas paltar. Although this breading is certainly kosher and carries reliable hechsherim, according to most halachic authorities, one should use only pas Yisroel breading for Shabbos foods.

To justify those who are lenient, I can share two heterim. One heter was mentioned above: If all Jews would begin using pas Yisroel, there would not be enough for everyone, and this would cause prices to rise. A second heter is that there are authorities who permit pas paltar in a large commercial bakery, where the customer will never meet the employees (Birkei Yosef, Yoreh Deah 112:9, quoting Maharit Tzalon. Note that the Birkei Yosef, himself, rejects this heter.) Disciples of Rav Moshe Feinstein relate that Rav Moshe held this latter reason to be a legitimate basis to be lenient. I leave to each reader to discuss with his or her own Rav or posek whether he personally should be stringent in this matter, particularly since there are simple solutions to the question, as we will soon see.

We should be aware that an earlier authority, the Tashbeitz (1:89), states that, even when technically speaking, the halachah is that one may find reasons to be lenient and use pas paltar, it is appropriate for a person to be machmir in these halachos. He continues that one certainly should be machmir not to use pas paltar for pleasure items – such as pastry. The Tashbeitz advises that a rav should pasken for others that they are permitted to use pas paltar, but he, himself, should refrain from relying on the heterim.

True Jewish rye

At this point, we will examine the third of our opening questions: “What defines my bread as being Jewish?”

The entire issue of whether, and under which circumstances, a Jew may eat bread baked by a non-Jew is problematic only when the entire baking procedure is done without any participation of a Jew. However, if a Jew participated in the baking, the resultant bread is considered pas Yisroel.

What does it mean that a Jew “participated” in the baking? To answer this question, let us begin by quoting the following Talmudic passage:

Ravina said: “Bread made by having the oven lit by a gentile and baked by a Jew, or the oven was lit by a Jew and the bread was baked by a gentile, or even if it was lit by a gentile and baked by a gentile and a Jew stirred the coals, the bread is fine” (Avodah Zarah 38b). Rashi explains that the stirring of the coals increases the heat. The Ran explains Rashi to mean that this is considered that the Jew participated in the baking in a noticeable way. He notes that, according to Rashi, tossing a splinter of wood would not be sufficient to make the bread pas Yisroel, since the Jew’s participation does not make a noticeable difference. The Ran quotes this position, also, as that of the Ramban, and this approach was held also by the Rosh.

The Ran then suggests another possibility: If a Jew brings a hot coal or other source of fire, and the fire of the oven is kindled from this flame, the baked goods thereby produced are considered pas Yisroel. Although the Ran, himself, ultimately rejects this approach, others consider it acceptable to make the bread pas Yisroel, considering this to be that the Jew made a noticeable change, since without the original coal or flame, no bread would be produced.

The Ran concludes, as do Tosafos and the Rambam, that if a Jew simply tosses a splinter of wood into the fire, this is sufficient to consider the bread pas Yisroel, since the Jew symbolically participated in the baking of the bread.

Thus, we have a dispute among the early authorities as to whether the Jew’s participation in the baking of the bread must have some significance to make it pas Yisroel or whether a symbolic involvement is sufficient. The conclusion of most authorities is that a symbolic act, such as tossing a splinter into the oven, is sufficient (Shulchan Aruch, Yoreh Deah 112:9).

How many rabbis does it take to change a light bulb?

Some contemporary rabbis have suggested an innovative way to accomplish having commercial bread be considered pas Yisroel. The method is having a light bulb installed inside the oven that is turned on by a mashgiach. They reason that this adds more heat to the oven than does a splinter tossed into the fire. Other rabbonim disagree, contending that the splinter becomes part of the fire, and, therefore, the entire fire is influenced by the Jew, which then renders the bread pas Yisroel. A light bulb, on the other hand, provides insignificant heat and does not become part of the fire that bakes the bread. According to the latter approach, this bread remains pas akum.

Other heterim

The halachic authorities are lenient, ruling that even if the bread was already edible when a Jew added some fuel to the flame, it is still considered pas Yisroel, despite the fact that all the Jew added was some heat that made the bread a bit more tasty (Shaarei Dura; Shulchan Aruch, Yoreh Deah 112:12; Toras Chatas 75:3).

The Shulchan Aruch (112:10) also concludes, based on a statement of the Mordechai, that if the non-Jew baked a few times in one day, and the Jew did not throw a splinter into the fire on one of the occasions, the bread is still considered pas Yisroel, on the basis of his earlier participation. The Rema follows an even more lenient interpretation, in that he rules that if a Jew added to the flame once, all the bakings made in that oven are pas Yisroel, until the oven is off for 24 consecutive hours. The rationale behind this last approach is that the heat from the previous bakings, which had a halachah of pas Yisroel, is still considered as having been added by the Jew.

Contemporary ovens

In most contemporary ovens, there is no way to add a splinter to the flame. However, it is still very easy to make baked goods into pas Yisroel. All that is necessary is that, once in a great while, a Jew adjusts the flame downward for a second, until he sees that this has stopped or decreased the flow of fuel, and then he resets the thermostat to its original setting. The product quality is not affected at all, and this accomplishes that all the baked goods produced by this bakery are pas Yisroel. This is a very easy way to make all bread baked in large kosher bakeries in the United States into pas Yisroel. The mashgiach can simply adjust the flames of the ovens in the bakeries when he makes his regular inspections.

When is it bread?

The Mishnah quoted above discusses two different prohibitions: one that the Mishnah called bread, which has heretofore been our topic of discussion, and one that the Mishnah called shelakos, to which we usually refer as bishul akum, meaning food that was cooked by a non-Jew. There are several major halachic distinctions between these two prohibitions. The most obvious is that whereas pas paltar is permitted when pas Yisroel is unavailable (and according to the Rema, even when pas Yisroel is available), no such heter exists in the case of bishul akum. In other words, if the only food available is bishul akum prepared for commercial sale, it remains prohibited. (According to some authorities, there is one exception: A non-Jew cooked food on Shabbos for someone who is ill. According to the Rema [Yoreh Deah 113:16], there is no prohibition of bishul akum on this food, which means that after Shabbos even a healthy person may eat it. However, the later authorities rule that this food is prohibited, and that after Shabbos one should cook fresh food even for the ill person [Taz, Gra].)

Rice bread

The Rishonim explain that the law of pas akum applies exclusively to breads made of one of the five crops that we consider grains: wheat, barley, spelt, rye and oats (Tur, quoting Rosh; Shulchan Aruch). Some authorities contend that in a place where these grains are not available and, therefore, it is common to make bread from rice or similar grains, there would be a potential bishul akum issue (Pri Chodosh 112:5). This approach is implied by the Rosh and by the Toras Chatas (75:11). Others contend that there is no bishul akum concern, because rice bread is not oleh al shulchan melachim (Bach; Shach; Shu”t Avnei Neizer, Yoreh Deah 92:7).

What types of bread?

Although our article is about pas and not about bishul, we need to determine whether certain food items are considered bread or whether they are considered cooked foods. If they are bread, then the heter of pas paltar applies. On the other hand, if they qualify as shelakos, this heter does not apply.

One of the earliest responsa on this topic dates back to the days of the Rishonim. The Rivash was asked whether certain dough foods prepared on a stovetop may be purchased from non-Jews because they are considered pas paltar, or whether they are prohibited as shelakos. He concludes as follows: If the product is made from dough, called belilah avah in Hebrew, as opposed to a batter, and it is baked on a stovetop, it is considered bread and the heter to use pas paltar applies. However, if it is considered a batter (a belilah rakah), and it is fried or baked on a stovetop, then it depends on the following: If it is cooked on a stovetop or griddle using a liquid (such as oil), then it is considered a cooked item; the laws of bishul akum apply, and there would be no heter of pas paltar. However, if the liquid is used only to prevent it from burning, or so that it can be removed easily from the pan or griddle (called a “release agent”), it is considered bread, and not shelakos, and is permitted as pas paltar (Shu”t Harivash #28).

Thus, the heter of pas paltar would not apply to blintzes, pancakes or crepes, all of which involve frying a batter on a griddle or stovetop, but it would apply to waffles, which, according to the definition just given, would be considered baked.

Conclusion

The Gemara teaches that the rabbinic laws are dearer to Hashem than the Torah laws. In this context, we can explain the vast halachic literature devoted to understanding this particular prohibition, created by Chazal to protect the Jewish people from major sins.

Making Dairy Bread

The menu of what Avraham served his guests included both dairy and meat, provided an opportunity to discuss the question concerning whether one may prepare milchig bread.

Question #1: The whey to celebrate Shavuos!

“May I add dairy ingredients to bread that I intend to serve with a milchig meal on Shavuos?”

Question #2: No pareve bread in sight!

“Is one permitted to eat the local bread when everyone knows it is milchig?”

Answer:

Each of the above actual questions involves our understanding the prohibition created by Chazal against making bread containing either dairy or meat ingredients. In several places, the Gemara quotes a beraisa that prohibits using milk as an ingredient in dough, and states further that, if one added milk to dough, the bread produced is prohibited from being eaten at all, even as a cheese sandwich. This rabbinic injunction is because of concern that one might mistakenly eat the dairy bread together with meat. The Gemara rules the same regarding baking bread directly on an oven hearth that was greased with kosher beef fat – it is prohibited to eat this bread, even as part of a corned beef sandwich (Pesachim 30a, 36a; Bava Metzia 91a; Zevachim 95b). If one greased a hearth with beef fat, one must kasher it properly before one uses it to bake bread.

Is one ever permitted to make dairy or meaty bread?

The Gemara (Pesachim 36a) permits an exception – one may make dairy dough if it is ke’ein tora, “like a bull’s eye.”

Bull’s eye

What does the Gemara mean when it permits dairy or meaty bread made like “a bull’s eye?” Does this mean that some bakers double as excellent sharpshooters?

We find a dispute among early Rishonim as to what the Gemara means when it says that one can prepare a dough like a bull’s eye. Rashi explains it to mean that it is the size of a bull’s eye — one may bake a small amount of dairy or meaty bread that one would eat quickly. Since there will be no leftovers, we are not concerned that one may mistakenly use the dairy bread for a corned-beef sandwich or spread cream cheese on the fleishig bread.

Shapely bread

Other authorities explain that this refers to the shape of the dough. The Gemara means that if one shaped the dough like a bull’s eye or some other unusual shape, the heker (here, distinguishable appearance) accomplishes that no one will mistakenly eat it with meat or dairy (Rif, Chullin 38a in his pages; Rambam, Maachalos Asuros 9:22).

How do we rule?

Although these are clearly two different ways of explaining the Gemara, the authorities conclude that there is no dispute in halachah between these two approaches (Hagahos Shaarei Dura, quoted by Beis Yosef, Yoreh Deah 97; Shulchan Aruch ad loc.). In other words, although in general one may not make dairy or meat bread because of the above-mentioned concerns, one may prepare a small amount of dairy or meaty bread. One is also permitted to make dairy or meaty bread with an unusual shape.

All the bread is fleishig

The Maharit, one of the great halachic authorities of sixteenth-century Israel, discussed the following situation: A specific town was located at quite a distance from any source of vegetable oil. As a result, vegetable cooking oil was expensive, and the townspeople, therefore, used beef tallow for all their baking, cooking and frying. (Apparently, the local cardiologist felt that the populace had a cholesterol deficiency – no doubt because they observed the Mediterranean Diet.) Indeed, the people in town always treated their bread as fleishig, since they assumed that it always included beef fat as an ingredient. The Maharit first discussed whether this provided sufficient reason to permit consuming local bread in this town. Does the fact that all local residents know that their bread is fleishig preempt the takkanas chachamim prohibiting production of meaty bread?

Hometown advantage

The Maharit questioned whether this is sufficient reason to be lenient, since we still need to be concerned about visitors from out of town who are unaware that the local bread is fleishig. Indeed, some visitors had eaten local bread with cheese, not realizing that it contained a meat product. The Maharit concluded that local circumstances are insufficient grounds to permit fleishig bread – and that the local bread is permitted to be eaten only if it has a heker, or only if people make small quantities of bread (Shu’t Maharit 2:18). This means that commercially-made bread in this town would be made exclusively with unusual shapes.

However, a later authority disputed this conclusion of the Maharit. Rav Yonasan Eibeschutz, in his commentary on Shulchan Aruch Yoreh Deah (Kereisi 97:2), mentions that in his town and environs all the white bread was made with milk, and the accepted custom was to bake, purchase and use even large quantities of the bread without any heker. He notes that, according to the Maharit, this bread is prohibited, yet he concludes that, notwithstanding the Maharit’s opinion to the contrary, the bread is permitted, since everyone knows that the local bread is dairy and no baker in town produces pareve bread. He closes by mentioning that someone who is G-d fearing should not use the local dairy bread, although it is technically permitted.

Thus, whether one may permit milchig bread because all local bread is always milchig, or one may permit fleishig bread because all local bread is always fleishig is a dispute among prominent authorities.

Commercial bakery

A later authority, the Kesav Sofer, permitted a commercial bakery to produce milchig or fleishig bread, provided that the bakery sold only a small amount of bread to each customer. He contended that since the consumer only owns a small quantity of bread, we are not concerned how much the bakery actually produced.

Local bakery

In this context, I would like to share an anecdote. Many years ago, I was posed a question by a rav living in a small community that had no kosher bakery. He had the opportunity to provide a hechsher to a non-Jewish-owned bakery, which in his community would be very advantageous, since he would not need to be concerned about the bakery being open on Shabbos or on Pesach, or about hafrashas challah (all issues that I have discussed in other articles). The owner of the bakery was willing to meet all the ingredient requirements of the hechsher, and, in addition, was located within walking distance of the frum community, so that random inspections could take place even on Shabbos. The question germane to our topic was that the baker baked his white bread with milk, and the rav was uncertain whether and how to proceed with providing a hechsher to this bakery. According to the above-quoted Kesav Sofer, the rav could even provide a hechsher on the entire bakery, including the bread, and instruct people that they may purchase the milchig bread only in small quantities that would be eaten within a day.

However, according to the Maharit, the dairy bread should be treated as non-kosher. The rav’s decision was that the hechsher sign in the bakery would list which pastry items in the bakery are supervised as kosher/dairy, and which pastry and bread items are certified kosher/pareve, and that the sign would imply that the bakery sells breads that are not certified kosher because they are dairy. In this approach, he followed common custom not to rely on the Kesav Sofer’s leniency.

Are you in shape?

I mentioned above that one may make dairy or meat bread if it has an unusual shape. How unusual must the shape be?

As we can imagine, we are not the first to ask this question. In his above-mentioned responsum, the Maharit discusses what type of heker the halachah requires. He notes that there are two ways to explain what the heker accomplishes. One possibility is that the heker is so that people who know the bread is fleishig won’t forget and mistakenly eat it with cheese. The second possibility is that the heker is necessary so that people from outside the area, who are unfamiliar with the fact that the bread is fleishig, will stop and ask why is this bread different from all the other bread in the rest of the world. In other words, according to the second approach, the heker must be sufficient to draw people’s attention to it, so that they ask why this bread looks so strange.

The Maharit subsequently demonstrates that this exact point, what is the reason for the heker, is the subject of a machlokes harishonim. The Tur explains that the reason for the heker is so that the person remembers that this bread is milchig or fleishig, meaning that he already knew that he has made milchig or fleishig bread, and the heker is so that he does not make a mistake and accidentally eat the milchig bread with meat or eat the fleishig bread with dairy. This type of reminder does not require a major heker that would cause someone to ask: “Why does this bread look so strange?”

This approach of the Tur is quoted by a later authority, when the Rama (in Toras Chatas 60:2) states that the heker is so that one does not forget that he made milchig or fleishig bread.

Why is this bread so different from all other breads?

On the other hand, the second approach is mentioned in even earlier sources. When discussing the heker necessary in making milchig or fleishig bread, the Rashba explains that the heker must attract attention, so that people will notice that the bread looks different. The heker will cause people to ask, before eating, why the bread’s appearance is so unusual (Rashba, Toras Habayis Hakatzar, 3:4, page 86b). Other later authorities, such as the Levush (Yoreh Deah, 97:1) and the Chachmas Adam (50:3) quote the Rashba’s approach. To quote the Chachmas Adam, “One may make dairy bread if one changed the shape of the bread significantly, enough that one would not eat meat with it.”

Baked for sale

The Maharit notes that a difference in halachah results from this dispute between the Tur and the Rashba concerning whether an item with a minor heker can be sold. If the reason is so that people will ask, there would need to be a major heker. Otherwise, one would not be permitted to make the bread. If the reason for a heker is to remind people that this bread was made dairy, a minor heker will suffice, as long as these breads are not sold, since visitors will eat them as guests in the houses of people who will know to serve them only with fleishig meals.

Bread for Shavuos

In a different ruling, the Rama again demonstrates that the heker is so that someone not forget that the bread he made is dairy. The Rama rules that one may make challohs for Shavuos with dairy ingredients, since the challohs for Shavuos are shaped long whereas the regular Shabbos and Yom Tov challohs are round. According to the approach of the Rashba, this difference in shape would not suffice, since someone visiting would not ask why the challohs are shaped long, and would not notice anything unusual to attract his attention. However, according to the Tur, who holds that the heker is so that one not forget, this difference in shaping is sufficient.

We have thus learned some of the laws of producing dairy and meaty breads. Stay tuned for the continuation of this article, as we continue exploring this meaty topic!!