Question:

Personally, I find the different terms used in reference to matzoh very confusing: On the one hand, I have been told that if one is working on the dough constantly, one need not be concerned if more than eighteen minutes elapses before the matzoh is baked. On the other hand, I have been told that if eighteen minutes elapses, the dough becomes chometz. And then I see a product advertised as “eighteen-minute matzoh.” I thought that matzoh that takes more than eighteen minutes is chometz. Also, could you explain to me the advantages of hand matzoh over machine matzoh, and if there is a valid reason why some people use only shmura hand matzoh for the entire Pesach.

Answer:

In order to answer all these questions, I must first explain the process of making matzoh. Although matzoh is the simplest of products, just flour and water, a tremendous amount of detail is involved in preparing it in a halachically correct way. We will divide our discussion into three headings — the flour, the water, and the manufacture.

The Flour Requirements

To fulfill the mitzvah of eating matzoh on seder night, one must be certain that the flour was “guarded” to guarantee that it did not become chometz.

It is important to clarify that there are two different halachic issues. The first factor is that one must be careful that the matzoh is baked in a way that it does not become chometz, so that one does not, G-d forbid, violate the prohibition of eating chometz on Pesach. This concern exists for all matzoh that one may consume any time during Pesach.

However, even if one is guaranteed that the matzoh is 100% free of any chometz, there is an additional factor required for the matzoh that is used at the seder: This matzoh must be made lishmah – with the specific intention of making it for the sake of fulfilling the mitzvah.

The Concept of Lishmah

There are several mitzvos that can be performed only with an item that is made lishmah. These include the mitzvos of tzitzis, tefillin, mezuzah, and matzoh. Thus, for example, the leather used in the manufacture of tefillin must be tanned specifically for the mitzvah of wearing tefillin. For this reason, when placing the hide into the chemical solution that makes the hide usable as parchment or leather, one must state that it is being manufactured lishmah. Even a small job such as blackening the tefillin straps must be performed specifically for the sake of the mitzvah of tefillin. Thus, one who repaints his tefillin must recite before painting them that he is doing this for the sake of the mitzvah of tefillin.

In a similar way, matzoh for the seder must be lishmah, meaning that it is manufactured with specific intention that it not become chometz so that it can be used to fulfill the mitzvah of eating matzoh on seder night. For this reason, before beginning work in a matzoh bakery the workers say: Kol mah she’ani oseh hayom har’eini oseh lesheim matzos mitzvah, “Everything that I am doing today, I am doing for the sake of producing matzos that will be used for the mitzvah.”

In addition, the preparation of the flour and the drawing of the water must be performed for the purpose of fulfilling the mitzvah of eating matzoh. This intention is referred to as preparing the flour and water lesheim matzos mitzvah.

Although the Gemara (Pesachim 40a) discusses that the flour used for the mitzvah of matzoh must be prepared lesheim matzos mitzvah, it is unclear from the Gemara at what stage the flour must be guarded from chimutz for the sake of matzos mitzvah. Among the early poskim, there are three opinions:

(1) From the time of harvesting

(2) From the time of grinding

(3) From the time of kneading

The Shulchan Aruch rules that it is preferable to guard the wheat from the time of the harvesting, but it is satisfactory to use wheat that was guarded only from the time of grinding. Other poskim require lishmah from the time of the harvest. In common usage, “shmura matzoh” refers to matzoh that was guarded from the time of the harvest.

Harvesting Lishmah

There is a dispute among rishonim whether an act that must be performed lishmah can be performed only by a Jew, or whether it can be performed by a non-Jew who is instructed by a Jew standing over him to perform this act lishmah. This dispute has major ramifications for many mitzvos, such as preparing hides to be made into parchment for writing tefillin, mezuzos and sifrei torah, and preparing hides for manufacture into tefillin “batim” and tefillin straps; or preparing threads for manufacture into tzitzis. According to the first opinion, hide that was tanned by a non-Jew for the sake of the mitzvah is not kosher for use. According to the second opinion, if a Jew stands near the non-Jew and instructs him to tan the hide lishmah, the resulting hide or parchment can be used for the mitzvah.

Similarly, there is a dispute whether a non-Jew may operate the combine used to harvest the shmura wheat, or must a Jew operate the controls that cause the combine to harvest the wheat. (According to some opinions, it is insufficient to have the Jew operate the controls of a regular combine, since the harvester, once it is turned on, continues to operate automatically. Thus, this is considered that the Jew harvested the wheat indirectly. Instead, the combine must be set up in a way that it cuts grain only when the stick is held in a specific position. Thus, the Jew is actually doing the harvesting himself by using the combine as his sickle!)

At times, it seems that matters were simpler when wheat was harvested by hand. A friend of mine, who was born in the Soviet Union, described for me how his father harvested wheat for matzoh baking with a hand-held sickle. However, even harvesting the wheat by hand under these circumstances creates its own interesting shaylah. Poskim rule that when cutting grain for matzoh in a non-Jew’s field, one should preferably not cut the grain that he himself intends to use for mitzvas matzoh (see Sdei Chemed vol. 7 pg. 377). This is because of concern that the field might have been originally stolen, and thus the matzoh baked with wheat from this field might be considered stolen matzoh, which is invalid for matzos mitzvah. There is a complicated halachic reason why this concern does not exist when harvesting wheat for someone else to use.

The Water Requirements: Mayim Shelanu, Water That Remained Overnight

The Gemara states that all matzoh used on Pesach must be baked exclusively with water that remained overnight (Pesachim 42a). One should draw this water from a spring, well, or river during twilight (or immediately before) and leave it in a cool place for a minimum of one complete night to allow it to cool down (Shulchan Aruch, Orach Chayim 455:1 and commentaries). Maharil contends that it is preferred to draw the water the day before the baking, rather than draw water for several days in advance (quoted by Be’er Heiteiv, Orach Chayim 455:7). The water should not be drawn or stored in a metal vessel, since metal conducts heat and thus causes the water to become warm (Magen Avraham 455:9). In addition, the water should not be drawn or stored in a vessel that has been used previously to hold other liquids (Magen Avraham ibid.). The latter vessel is not to be used out of concern that some liquid may mix with the water, and this may cause the dough to rise faster than it would otherwise. Many contemporary poskim frown on the use of tap water for matzoh baking because of concern that the fluorine and other chemicals introduced into the water may cause the dough to rise faster (see Piskei Tshuvos 455:7).

It goes without saying that one may not use warm water for making matzos, nor may one work in a warm area (Pesachim 42a; Shulchan Aruch, Orach Chayim 455:2). It is important to note that the requirement for mayim shelanu is not only for the matzos eaten at the seder, but that all matzos eaten the entire Pesach must be baked exclusively with mayim shelanu.

The Manufacture of the Matzoh

There are many halachos implemented by Chazal to guarantee that the dough does not prematurely become chometz. For example, one must wait a day or two from when the wheat is ground until it is mixed with water (Shulchan Aruch, Orach Chayim 453:9). This is because of concern that the flour is still warm from the friction of the grinding, and will therefore leaven too quickly. One may not knead the matzoh dough in a place exposed to the sun or in a warm area. One must be very careful that the heat from the matzoh oven does not spread to the area where the dough is kneaded or where the dough remains until it is ready to be placed inside the oven (Shulchan Aruch, Orach Chayim 459). Thus, a matzoh factory must be set up such that the kneading area is close enough to the oven to bake the matzoh quickly, yet be far enough away that it is not heated up by the oven.

Eighteen Minutes

Our original question was: I have been told that if one is working on the dough constantly, it is not a concern if more than eighteen minutes elapses before the dough goes into the oven. On the other hand, I have also been told that one may not pause once one begins to work the dough out of concern that it will become chometz immediately. And I have also been told that the Gemara and Shulchan Aruch state that one cannot wait more than eighteen minutes after the water is added to the flour. Which of these statements is correct?” We now have enough background information to address this question.

As strange as this answer may seem, all the above statements are correct. Shulchan Aruch rules that one should not leave the dough for even a moment without working it, and that dough left for eighteen minutes without working it becomes chometz. Furthermore, Shulchan Aruch states that dough that became warm from kneading will become chometz immediately if it is left without being worked on (Orach Chayim 459:2). Although there are more lenient opinions as to whether the dough becomes chometz immediately, all opinions agree that one must not allow any unnecessary waiting without working on the dough (see Mishnah Berurah 459:18; Biur Halacha ad loc.; Chazon Ish, Orach Chayim 121:16). Thus, it is a much bigger concern that the dough is worked with constantly, than whether it actually took eighteen minutes from start to finish.

Machine Matzoh

Although the use of machine matzoh for Pesach has now become almost universally accepted, it is educational to understand the dispute that existed among nineteenth-century poskim over their use for Pesach. When the first factories began producing machine-made matzoh for Pesach use, many great poskim were vehemently opposed to using it on Pesach. Their opposition centered primarily over the following three issues:

1. The economic factor: There was a major concern that the introduction of the machine matzoh would seriously affect many Jewish poor who were gainfully employed by kneading and baking matzos. Although the problem of Jewish poor is unfortunately still with us, it is doubtful that the increased use of hand matzos would have significant impact on their plight.

2. The chometz factor: There were major concerns whether the factories were producing matzoh that met all halachic requirements. Among the concerns: Does all the dough get cleaned off the machinery, or is some dough stuck to the machinery that remains in place for more than eighteen minutes? Is the dough being worked constantly, or is it left to sit after it has begun to be worked?

In the contemporary world, a factory for baking matzos can be planned and constructed in a way that a very minimal amount of dough adheres to the equipment, and mashgichim can supervise that whatever dough is stuck can be removed swiftly. One who purchases machine-made matzoh is relying on the supervising agency or rabbi to guarantee that the operation is run in a proper fashion.

3. The lishmah factor: There is another issue involved in the manufacture of machine matzos – is this process considered lishmah? Does the intent of the person operating an electrically-powered machine and his supervising the production make the matzos lishmah? The same issue affects many other halachic questions, such as the spinning of tzitzis threads by machine, and the manufacture of leather for tefillin straps and batim (or parchment). There is much discussion and dispute about this issue raised in the poskim, and it is still disputed by contemporary authorities. (See Sdei Chemed Vol. 7 pgs. 396-398; Shu”t Maharsham 2:16; Chazon Ish, Orach Chayim 6:10 s.v. Venireh de’ein tzorech; Mikra’ei Kodesh, Pesach II pgs. 11-17.) It is primarily for this reason that many halachically-concerned people today who use machine-made matzoh on Pesach still use hand-made matzoh for the seder.

Problems that emerge during the baking:

There are two common problems that can occur while the matzoh is being baked: A matzoh that is kefula (folded) and one that is nefucha (swollen). A matzoh kefula is a matzoh folded in such a way that the area between the folds is not exposed directly to the flame or heat of the oven. This area between the folds does not bake properly and thus the entire matzoh becomes chometz-dik and must be discarded (Rema, Orach Chayim 461:5). A matzoh nefucha is a matzoh that swells up, usually because it was not perforated properly (Rema, Orach Chayim 461:5 and Taz). Thus, while baking, air is trapped inside the matzoh. The matzoh looks like it has a large bubble in it. If the swollen area is the size of a hazelnut the matzoh should not be used (Mishnah Berurah ad loc. #34).

To avoid discovering these problems on Yom Tov, it is a good idea to check one’s matzos before Yom Tov to be certain that none of the matzos are kefula or nefucha. I can personally attest to having found both among the matzos that I had intended to use for the Seder. One should also verify that the bakery separated challah from the matzos, or else be certain to separate challah before Yom Tov. Under these circumstances, it is not permitted to separate challah on Yom Tov or Shabbos.

Is there an advantage in eating only shmura matzoh the entire Pesach?

There are poskim who recommend eating only shmura matzoh the entire Yom Tov. There are two reasons cited for this practice. Some are concerned that once the grain ripens, it can become chometz even while still on the stalk. By eating only shmura matzoh, one avoids this concern since shmura wheat is harvested before it is fully ripe (Biur Halacha to 453:4, s.v. Tov). A second reason for the practice of eating only shmura is in order to fulfill the mitzvah of eating matzoh the entire Pesach. Although there is no requirement to eat matzoh after the seder night, one fulfills a mitzvah by eating matzoh the rest of Pesach (see Baal Hamaor, end of Pesachim). One should strive to fulfill this mitzvah with matzoh that is made lishmah from the time of harvesting. According to both approaches, this practice is only a chumra and not halachically required.

The halacha is that one can fulfill the mitzvah of matzoh only by eating matzoh that is your property. Thus, one cannot fulfill the mitzvah with stolen matzoh. Some have the practice of being certain that they have paid for their matzoh before Pesach in order to demonstrate that the matzoh is definitely theirs (based on Mishnah Berurah 454:15).

There is an interesting dispute between poskim whethera guest at someone else’s seder fulfills the mitzvah with matzoh that is the property of the host. Sfas Emes (Sukkah 35a, s.v. Bigemara asya) contends that fulfilling the mitzvah requires that one owns the matzoh that he is eating — enough that he could sell it. Therefore, a host must give to each of his guests their matzoh as a present or they have not fulfilled the mitzvah. However, the universally accepted practice is to follow the opinion of the Mishnah Berurah (454:15), who states that one fulfills the mitzvah with borrowed matzoh.

We should all be zocheh to eat our matzoh this year together with Korban Pesach in Yerushalayim.

Pesach – The First Question Is:

“How quickly must I eat my matzoh on Pesach to be
able to bensch?”

Matzoh – The Second Question Is:

“How quickly must I eat my matzoh at the Seder to
fulfill the mitzvah?”

Maror – The Third Question Is:

“How quickly must I eat my maror at the Seder
to fulfill the mitzvah?”

Wine – The Fourth Question Is:

“How quickly must I drink the wine of the four kosos
at the Seder?”

Foreword:

In some households, there is a big rush to eat the matzoh as
quickly as possible, and similar pressure to eat the maror and drink the
four cups of wine at the Seder. This article will research how quickly
we must eat or drink mitzvah foods to fulfill the Torah’s requirements. Since
this is a vast topic, our article will be focused on some of its specific
aspects. Were we to attempt to cover more of the subtopics, we would be biting
off more than we can chew.

Introduction:

In several places, the Gemara states that shiurim,
the measurements that are a very important aspect of the halachos of the
Torah, are halacha leMoshe miSinai (Eruvin 4a; Sukkah 5a).
This means that when Moshe Rabbeinu was taught the Torah by Hashem,
he was taught the quantities necessary to fulfill the mitzvos, although
there is little or no allusion to these details in the written Torah. For
example, the halacha that one must eat at least a kezayis (an
olive-sized piece) of matzoh to fulfill the mitzvah is a halacha leMoshe
miSinai (Brachos 37b; Rashi, Sukkah 42b).

Maror

The mitzvah to eat maror at the Seder is min
haTorah only when there is also a korban Pesach. Until the time that
we are again able to offer the korban Pesach, which we pray will be in
time for this year, the mitzvah of eating maror is only a rabbinic
requirement. Notwithstanding the fact that the requirement to eat maror is
only miderabbanan, we are still required to eat a kezayis to
fulfill the mitzvah (Rosh, Pesachim 10:25).

How big is an olive?

As we are aware, Hashem created olives, like most
items, in different sizes. How big an olive is intended to fulfill the mitzvos?
The Mishnah states that it is an average-sized olive (Keilim
17:8). Of course, this may not help us, since we do not know what the Mishnah
considered to be “average-sized.” Among the acharonim, this became a
very hot topic, with some prominent authorities ruling that the olives
available in the contemporary world are considerably smaller than what was
considered an “average” olive of the days of Chazal (Tzelach,
Pesachim 116b). Although most authorities disagree with this approach,
accepted practice is to be stringent and follow this opinion, at least in
regard to fulfilling mitzvos min haTorah (see Shu”t Chasam
Sofer, Orach Chayim 1:127; Aruch Hashulchan, Orach Chayim 168:13, Yoreh
Deah 324:5, 6; Shi’urei Torah of Rav Avraham Chayim Na’eh 3, note
19). This explains why the amounts we find that many authorities mention for
the mitzvah of matzoh is much larger than the size of any olive that we have
ever encountered. Also, since most authorities rule this way only germane to mitzvos
that are min haTorah, this explains why the size of a kezayis for
the mitzvah of achilas matzoh is greater than it is for the mitzvah of koreich
or for bensching, which are not requirements min haTorah.

How much must I imbibe?

The mitzvah to drink four cups of wine at the Seder
is rabbinic in origin, and, therefore, by definition, was not taught at Sinai.
When Chazal instituted this mitzvah, they required that a person have a
cup that contains at least what they called a revi’is. (Most late
authorities calculate a revi’is to be a little more than three ounces,
but some feel that it is closer to five ounces or even a bit more. Because of
space constraints, we will not be able to discuss the details of this question.)
Regarding how much must be drunk, most authorities contend that it is
preferable to drink an entire revi’is, although all agree that someone
who drank most, but not all, of the revi’is has fulfilled the mitzvah.

Heavy drinker

What is the halacha if someone is using a cup that is
larger than a revi’is? Is it sufficient for him to drink most of a revi’is,
or must he drink most of the volume of the cup, even when that is more than a revi’is?
The rishonim discuss this issue, some contending that it is sufficient
to drink most of a revi’is, whereas the Ramban rules that he must
drink most of the contents of the cup that he is using (quoted by Beis
Yosef, Orach Chayim 472). To accommodate both opinions, the Magen
Avraham advises that someone who cannot drink a lot of wine should use a
goblet that holds only the minimum amount of a revi’is.

Other mitzvos

Although the minimal amount for most mitzvos that
involve eating is a kezayis, this rule is not universal. Yom Kippur
is one example that is different, where the minimum amount to be culpable for
the Torah’s punishment of koreis is the eating of a koseves, the
size of a large date, which is considerably larger than an olive. Based on a
passage of Gemara, the rishonim conclude that a koseves is
slightly smaller than a kebeitzah, the size of an egg (Yoma 79b;
Shulchan Aruch Orach Chayim 612:1).

The Gemara (Yoma 73b) discusses whether it is
prohibited min haTorah to eat less than a koseves on Yom
Kippur. The universally accepted conclusion is that it is prohibited min
haTorah to eat or drink even a small amount on Yom Kippur, unless
the situation is life-threatening. The well-known concept called pachus
mikeshiur, which permits eating less than a koseves or drinking an
amount smaller than the minimal shiur and then waiting several minutes
before eating or drinking again,is permitted only when fasting is
potentially life-threatening. The principle of pachus mikeshiur is that,
even when it is permitted for someone to eat on Yom Kippur, we are
required to minimize the level of the violation (Ran, based on Yoma
82b). In other words, in a situation in which it is dangerous for someone to
fast, he may eat or drink only the minimal amount that mitigates the life-threatening
emergency. If he can eat a very small amount and then wait to eat more, he may
not eat more, now.

Bensching

In parshas Eikev, where the Torah requires that we
recite a blessing after eating, it states, Ve’achalta vesavata uveirachta es
Hashem Elokecha, “When you eat and are satisfied, you should bless Hashem,
your G-d.” The implication of the posuk is that the requirement to bensch
is only when someone ate enough to be fully satisfied, meaning that he ate a
full meal. Indeed, most halachic authorities rule that this is true min
haTorah, and that the requirement to bensch when eating less than
this amount is only rabbinic.

The Gemara quotes a dispute among tanna’im how
much food requires the recital of birchas hamazon, and the conclusion is
that it is required whenever someone ate a kezayis, the same minimum
required for the mitzvos of matzoh and maror. Someone who ate
less than a kezayis of bread, whether it is leavened or not, is not
required to recite birkas hamazon, and, therefore, it is forbidden to
recite birkas hamazon if one ate less than a kezayis.

At this point, we can begin discussing the opening question
of today’s article: “How quickly must I eat my matzoh on Pesach to be
able to bensch?” In other words, is there a minimum amount of time
within which I must eat a kezayis of matzoh to be required to bensch?
This question introduces our next subtopic.

Term limits

Among the many measurements that the Oral Torah teaches is
the concept of kdei achilas pras. I will shortly explain what this term
means, but first I will explain the principle. Fulfilling the mitzvos of
eating matzoh and maror requires not only eating at least a kezayis,
but also that the kezayis be eaten within a minimal period of time.
Similarly, there is a requirement to bensch when eating at least a kezayis
of bread, but only when it is eaten within a minimal timeframe. The minimal
time limit required for all mitzvos germane to eating is to eat the
specified amount within a period of time called kdei achilas pras (see Pesochim
114b).

Literally, kdei achilas pras means as much time as it
takes to eat half a loaf of bread. This is, of course, meaningless, unless we
know the size of the loaf, what type of bread it is, who is eating it, and
under what circumstances. How big a loaf is the subject of a dispute among the tanna’im,
and how we rule in this dispute is, itself, disputed by the most prominent of rishonim:
The Rambam’s opinion is that kdei achilas pras is the amount of time
it takes to eat white bread the size of three eggs (Hilchos Shevisas Asor 2:4;
Hilchos Chometz Umatzoh 1:6; Hilchos Ma’achalos Asuros 14:8; see
also Chazon Ish, Orach Chayim 39:18), whereas Rashi (Brachos 37b;
Pesochim 44a; Avodah Zarah 67a) concludes that it is the amount
of time it takes to eat white bread the size of four eggs. We will discuss
shortly how we measure this in minutes, but it does mean that whatever the
timeframe is according to the Rambam, Rashi holds that it is one
third longer.

The time limit of kdei achilas pras applies not only
to mitzvos but also to prohibitions. For example, there are Torah
prohibitions against eating non-kosher species, or against eating blood or cheilev,
certain fats. Although it is prohibited min haTorah to eat any amount of
these substances, the punishments that the Torah describes are only when
someone eats a kezayis of these prohibited foods within kdei achilas
pras.

The Shulchan Aruch quotes the dispute between Rashi
and the Rambam without making a decision which approach we should
follow. For this reason, the consensus of the subsequent authorities is that we
should always be stringent, at least when we are dealing with a de’oraysa
case.

Individualism

Does the size of kdei achilas pras depend on how quickly
this individual eats, or does it depend on how long it takes most people to
eat? Germane to the law of consuming pachus mikeshiur on Yom Kippur,
where we are trying to determine how long a person must wait between eating
minimal portions of food, the Mishnah Berurah (618:21) states that this
is contingent on how long it takes the person in question to eat bread the size
of four eggs. However, the Mishnah Berurah then quotes the Chasam
Sofer, who rules that someone eating pachus mikeshiur on Yom
Kippur should allow at least nine minutes between one eating and the next.
This ruling of an objective time figure assumes that the time of kdei
achilas pras is dependent not on the individual, but is a standard
measurement. The latter approach is what many later authorities conclude (Chazon
Ish, Orach Chayim 39:18; Shi’urei Torah 3:13 and others). Because of
questions germane to the Mishnah Berurah’s statement on this issue, some
prominent later authorities conclude that the Mishnah Berurah himself
did not mean that kdei achilas pras is dependent on the individual; he
also agrees that kdei achilas pras is dependent on an “average” person,
whatever that term means.

Kdei achilas pras

How many minutes constitute the time that we call kdei
achilas pras? This question is discussed by the acharonim, with a
wide range of opinions. Since the different approaches are based more on
conjecture than on absolute proof, most authorities rule that we should follow
a much longer amount of time when it is a chumra, such as on Yom Kippur,
when we are gauging how to space the food in a way that mitigates the
prohibition, whereas on Pesach night we should follow a much shorter
amount of time, since we are deciding the minimum amount of time in which to
eat the kezayis of matzoh.

I mentioned above the ruling of the Chasam Sofer that
kdei achilas pras is nine minutes, which is the longest opinion of which
I am aware. The Maharam Shik, a proud disciple of the Chasam Sofer,
explains that this calculation should really be eight minutes, but that the Chasam
Sofer added an extra minute to be on the safe side (Shu”t Maharam Shik,
Orach Chayim #263). The Bikurei Yaakov,a prominent work on
the laws of sukkah written by Rav Yaakov Ettlinger, the author of the
classics Aruch Laneir and Binyan Tziyon, holds that it is
sufficient to wait only 7.5 minutes. To quote him in context: “It is forbidden
to eat more than a kebeitzah outside the sukkah… however it seems
to me that this is only when he ate it within kdei achilas pras, which
is approximately 1/8 of an hour” (Bikurei Yaakov 639:13). One eighth of
an hour is seven and a half minutes; however, the Aruch Laneir does not
tell us how he arrived at that figure. The Aruch Hashulchan (Orach
Chayim 618:14) is more lenient than any of the opinions we have quoted so
far, ruling that kdei achilas pras in regard to someone who is eating on
Yom Kippur pachus mikeshiur is “six or seven” minutes.

Kezayis and matzoh

Thus far, we have been estimating kdei achilas pras
when a longer period of time is a chumra, as it is germane to pachus
mikeshiur on Yom Kippur and eating outside of the sukkah.
However, in our opening questions regarding the minimum time within which we
must eat our kezeisim of matzoh and maror on Pesach, the
shorter period of time for kdei achilas pras is the chumra. There
are a few opinions that contend that the amount of time within which to eat a kezayis
of matzoh is less than three minutes. For example, the Marcheshes (Orach
Chayim 1:14:6) rules that the minimum time within which it is required to
eat a kezayis of matzoh is 2.7 minutes. Because of considerations beyond
the scope of this article, Rav Avraham Chayim Na’eh (Shi’urei Torah
3:15) writes that this is too short a time. In a very lengthy essay, he
discusses many opinions and analyzes their sources. He concludes that one
should try to follow the most stringent approach, but he rejects those who
consider kdei achilas pras to be less than four minutes. Therefore, he
concludes that one should try to eat the first kezayis of matzoh within
four minutes, but for pachus mikeshiur on Yom Kippur, one should
assume that the time of kdei achilas pras is nine minutes.

However, other authorities rule that one should be stricter
regarding the timeframe within which to eat the kezayis of matzoh and
perhaps even other mitzvos. The Aruch Hashulchan (202:8)
concludes that kdei achilas pras for these purposes should be calculated
at “three or four minutes,” being more stringent than Rav Avraham Chayim Na’eh.
Rav Moshe Feinstein concludes that one should eat the kezayis of matzoh
within three minutes. He rules this way even regarding rabbinic laws,
concluding that bensching requires eating a kezayis of bread
within less than three minutes (Shu”t Igros Moshe, Orach Chayim 4:41
s.v. Al kal panim).

Thus, we can now answer the second and third of our opening
questions: “How quickly must I eat my matzoh at the Seder to fulfill the
mitzvah?” and “How quickly must I eat my maror at the Seder to fulfill
the mitzvah?”  Since the mitzvah of matzoh is min haTorah,
according to Rav Na’eh, one should try to complete it within four minutes.

Food versus beverage

At this point, we will address the last of our four opening
questions:

“How quickly must I drink the wine of the four kosos
at the Seder?”

Until now, we have been discussing kdei achilas pras.
To the best of my knowledge, this is universally accepted as the minimal
timeframe for all mitzvos that involve eating. However, whether this is
the minimal time for drinking of beverages is a dispute among the rishonim.
The Maharitz Gei’us, one of the early Spanish rishonim (he was
the Rif’s predecessor as the rav of Lucena, Spain), and the Rambam
rule that the minimal time limit for drinking is the amount of time it takes to
drink a revi’is, which, according to the Aruch Hashulchan,
is perhaps as short as a minute (see Orach Chayim 202:8). (Some
authorities rule that the amount of time to drink a revi’is is shorter.)
On the other hand, other halachic authorities, including the Ra’avad (Hilchos
Terumos 10:3), the Ran (Yoma) and the Gra (Orach
Chayim 612:10), rule that the minimum timeframe for beverages is kdei
achilas pras, the same as it is for foods. This dispute has major
ramifications for many halachos, including what is the minimum time
allowed to drink each of the four cups of wine.

How do we rule?

The Shulchan Aruch (Orach Chayim 612:10), in
the laws of Yom Kippur, rules that the primary opinion is that the
minimal timeframe for beverages is the time it takes to drink a revi’is, although
he also mentions the approach that the timeframe is kdei achilas pras.
Many late authorities assume that it remains unresolved whether the requirement
for drinking the wine at the Seder is the very short amount of time it
takes to drink a revi’is or the considerably longer time of kdei
achilas pras, and, therefore, it is best to drink each of the four kosos
without interruption, to accommodate the stricter approach.

Conclusion

As Rav Hirsch proves, the Bnei Yisroel were taught
the details of the oral Torah years before we were given the finished written
Torah, which we first received shortly before or shortly after Moshe
Rabbeinu’s passing, depending on two opinions in the Gemara. Moshe
taught us the oral Torah, including the shiurim of mitzvos throughout
the forty years in the Desert. Thus, we see the importance of being careful
with the details of these laws, even though they are not mentioned in the
written Torah.

The Four Questions of Matzoh Purchasing

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

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

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

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

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

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

WE WERE ONCE SLAVES IN EGYPT

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

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

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

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

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

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

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

HARVESTING CONCERNS

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

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

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

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

GRINDING THE FLOUR

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

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

SPECIAL WATER: MAYIM SHELANU

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

KNEADING THE DOUGH

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

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

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

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

BAKING PROBLEMS

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

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

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

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

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

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

For part II of this article, click here.

 

 

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

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

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

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

PIKUACH NEFESH

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

NOT DANGEROUS BUT UNPLEASANT

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

RABBI YEHUDAH’S HEADACHE

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

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

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

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

DERECH CHEIRUS

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

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

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

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

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

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

ALCOHOLIC CONTENT

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

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

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

DILUTING WINE

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

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

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

ARBA KOSOS SUBSTITUTES

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

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

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

SOME PRACTICAL SUGGESTIONS

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

WHAT ABOUT MATZOH?

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

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

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

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

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

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

DIFFERENCE BETWEEN MATZOH AND WINE

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

MATZOH:

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

ARBA KOSOS:

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

NON-WHEAT FLOURS

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

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

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

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

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

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

The Four Questions of Matzoh Purchasing

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

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

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

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

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

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

WE WERE ONCE SLAVES IN EGYPT

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

The mitzvah of matzoh on Seder night is fulfilled exclusively with matzoh produced lishmah – that is, protecting it from becoming chometz for the sake of the mitzvah. Thus, even if we know by remote-control camera that matzoh was produced 100% kosher for Pesach, but a well-trained team of chimpanzees manufactured it, one cannot use this matzoh to fulfill the mitzvah on Seder night because it was not produced lishmah. Only adult Jews can produce matzoh lishmah (Shulchan Aruch Orach Chayim 460:1). Therefore, before beginning work each day in a matzoh bakery the workers must say: Kol mah she-ani oseh hayom, hareini oseh lisheim matzos mitzvah, “Everything that I am doing today, I am doing for the sake of producing matzos that will be used for the mitzvah.”

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

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

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

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

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

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

HARVESTING CONCERNS

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

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

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

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

GRINDING THE FLOUR

As mentioned above, most poskim require supervising the grain lishmah from chimutz from the time it is ground into flour. Nowadays, matzoh sold as kosher l’pesach is supervised at least from the time it is ground. This should include care that the wheat was not soaked before it was ground, which is common practice in many places. Furthermore, a mashgiach must carefully inspect the milling equipment to ensure that no non-Passover flour remains in the grinders and filters.

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

SPECIAL WATER: MAYIM SHELANU

Pesach matzoh must be baked exclusively with mayim shelanu, water that remained overnight (Gemara Pesachim 42a). This means that one draws water from a spring, well, or river immediately before twilight and leaves it in a cool place for a minimum of one complete night to allow it to cool (Shulchan Aruch Orach Chayim 455:1 and commentaries). One may draw water for several days at one time (Shulchan Aruch 455:1), provided one draws the water immediately before twilight and then stores it in a cool place, although some poskim prefer that the water be drawn freshly each night (Maharil quoted by Ba’er Heiteiv 455:7). The water should not be drawn or stored in a metal vessel since metal conducts heat and warms the water (Magen Avraham 455:9). In addition, the water should not be drawn or stored in a vessel that has been used previously to hold other liquids since some liquid may mix with the water, and this may cause the dough to rise faster than otherwise (Magen Avraham ibid.). Many contemporary poskim discourage using tap water for matzos because of concern that fluoride and other chemicals introduced into the water may cause the dough to rise more quickly (see Mo’adim U’zemanim 3:261). It is important to note that the requirement for mayim shelanu is not only for the matzos eaten at the Seder, but also for all matzos eaten during the entire Pesach.

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

KNEADING THE DOUGH

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

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

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

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

BAKING PROBLEMS

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

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

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

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

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

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

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

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

Although most people today accept the use of machine matzoh for Pesach, it is instructional to understand a major dispute that existed among nineteenth century poskim over their use. The two main protagonists in the original 1850’s controversy were Rav Shlomoh Kluger, Rav of Brody, and the Shaul Umeishiv, Rav Yosef Shaul Natanson. Both of these renowned poskim, as well as dozens of other great Rabbonim who became involved in this dispute, were gedolei yisroel. Unfortunately, the machlokes over the use of machine matzos became as heated as the temperature of the matzoh ovens, with each side issuing broadsides and rallying support from other rabbonim.

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

1. The economic factor: He was concerned that introduction of machine matzoh would seriously affect the livelihood of many Jewish poor who were employed kneading and baking matzos.

2. The chometz factor: There were major concerns about whether the factories’ matzoh met all the above-mentioned halachic requirements. Among the concerns raised were: Is all dough cleaned off the machinery, or does dough stick to the equipment and remain in place for more than eighteen minutes? Does the machinery work the dough constantly, or does it sit after it has begun to be worked?

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

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

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

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

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

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

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

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

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

Among the reasons quoted for favoring machine matzos are:

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

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

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

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

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

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

“On all other nights of the year we do not rush to prepare our food quickly, on this night of Pesach we eat matzoh that is advertised as ‘18-minute matzoh.’ What do they mean that they are selling 18-minute matzoh?”

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

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

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

The Fourth Question was:

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

The halacha is that to fulfill the mitzvah of eating matzoh, the matzoh must be your property. Thus, one cannot fulfill the mitzvah with stolen matzoh. Some have the practice of being certain that they have paid for their matzoh before Pesach to demonstrate that the matzoh is definitely theirs (based on Mishnah Berurah 454:15).

There is an interesting dispute between poskim as to whether a guest at someone else’s Seder fulfills the mitzvah with matzoh that belongs to the host. Sfas Emes (commentary to Sukkah 35a s.v. biGemara asya) contends that one can fulfill the mitzvah of matzoh only with matzoh that one owns to the extent that one would be able to sell it. Therefore, a host must give to each of his guests their matzoh as a present before they eat the mitzvah or they have not fulfilled the mitzvah. However, the universally accepted practice is to follow the opinion of the Mishnah Berurah (454:15) who states that one fulfills the mitzvah with borrowed matzoh.

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