A Kosher Bakery

Question #1: Sodium stearyl lactylate

Is sodium stearyl lactylate kosher?

Question #2: Vegan treif!

How can you create a non-kosher product by mixing two perfectly kosher ingredients, where both raw materials are completely vegan?

Question #3: Distinguished bourekas?

How distinguished can a boureka be?

Introduction:

As educated Jews, we should know what is involved in maintaining proper kashrus in a twenty-first century commercial bakery. There are many different areas that need to be addressed to ascertain that a bakery is properly kosher. This article will provide an overview of some of those aspects.

Are all the raw materials kosher?

Of course, the ingredients in the bakery must be kosher. There are many ingredients that potentially can create serious kashrus issues in a bakery, including oils, shortenings, dough conditioners and release agents. (Release agents are used to prevent baked goods from sticking to the pans on which they are baked.)

Oils and shortenings can be manufactured from non-kosher animal sources. In addition, even when oils and shortenings are made from vegetable sources, edible-oil refineries often process products made from beef tallow, lard or non-kosher fish on the same equipment that they refine vegetable oil products. This creates a kashrus problem for two reasons:

(1) The manufacturer has no incentive to clean the equipment between productions of animal and vegetable fat products, and, therefore, a run of a non-kosher product usually leaves a considerable amount of fat on the equipment. These leftovers subsequently become mixed into whatever is manufactured next.

(2) Since the refining of these products is done at high temperatures, the vegetable oil absorbs non-kosher flavor.

Dough conditioners

Calcium stearyl lactylate and sodium stearyl lactylate are common dough conditioners used by most commercial bakeries. Among the many benefits these ingredients provide is that they improve the texture and appearance of the finished product and also help it remain fresh for a longer period of time.

How do you make calcium stearyl lactylate and sodium stearyl lactylate? Well, the “stearyl” part of these products is stearic acid, which is usually made from non-kosher animal fat, but can be produced from kosher vegetable sources. Although lactic acid, the source of the “lactylate,” is usually made from kosher and pareve sources, it can be derived from dairy ingredients, or even from non-kosher whey. Thus, both calcium stearyl lactylate and sodium stearyl lactylate must be from reliable, kosher-supervised sources.

Raisin juice

Raisins can create a halachic problem that may go unnoticed by the inexperienced. In addition to being careful that there are no concerns about insects in the raisins, raisins are often mixed or cooked with water to create raisin juice, which functions both as a sweetener and as a natural, healthful preservative. However, this raisin juice has a halachic status of wine, and, when handled by a non-Jew, becomes prohibited because of stam yeinam. Thus, there can be a very unusual situation where mixing two kosher ingredients, raisins and water, creates a non-kosher product. Since all bakeries have non-Jewish workers, it could create a kashrus issue without anyone realizing that there is a potential problem.

Dairy bread

Because of concern that someone might eat fleishig bread with dairy, or milchig bread with meat, Chazal prohibited adding dairy ingredients to bread or greasing a tray with fleishig fat prior to baking bread. Certain exceptions were allowed, such as when making a very small amount of bread that will be consumed at one meal without any left over, or baking bread with an unusual shape that would cause someone to ask why this bread looks different.

Dairy pastry

The halachic authorities discuss whether we need to have the above concern when preparing a product that is usually not eaten together with the main course. The consensus is that one may add dairy ingredients to pastry items that are ordinarily not eaten with meat, but are usually eaten either as dessert or as a snack. However, one may not add dairy or meat ingredients to crackers, zwieback or similar items that are sometimes eaten with meat or cheese (Shu”t Maharit 2:18; Chachmas Adam 50:3). Other authorities are lenient even regarding crackers and zwieback, contending that Chazal prohibited mixing dairy or meat ingredients only into regular bread (She’eilas Yaavetz #62; see Pri Chodosh, Yoreh Deah 97:1).

There is a later opinion that disagrees with the above and contends that one may not make dairy products that one may mistakenly eat for dessert after a meat meal (Yad Yehudah, Peirush Ha’katzar 97:3).According to the first approach I mentioned, it is permitted to make milchig cake, cookies or doughnuts. The second approach requires that dairy cakes and cookies must be made in a way that it is obvious that they are milchig, or they must be marked in a way that calls attention to their dairy status.

Distinguished bourekas

Based on this latter approach, bakeries in Eretz Yisrael today usually make cheese bourekas in a triangular shape and pareve bourekas in rectangular shapes.

Notwithstanding this practice, common custom is to assume that the prohibition against making dairy dough products applies only to bread.

What if it happened by mistake?

What is the law if someone is making dough, and some milk spills into it unintentionally? Is there a basis to be lenient, since the person was not trying to violate Chazal’s rule not to make dairy bread?

The logic to be lenient here would be true, if the prohibition against eating dairy or meat bread was a penalty that Chazal imposed on someone who violated their instruction not to add dairy or meat product to dough. However, this is not the reason for the prohibition. The rule was established to guarantee that no one mistakenly violate the laws of eating meat and milk together. Thus, the prohibition exists, whether the milk (or meat) was added intentionally or in error.

Nevertheless, when there was an unintended spill of meat or dairy and a major loss would result, the Chachmas Adam (50:5) permits giving each family only one loaf of dairy bread for immediate consumption (see also Aruch Hashulchan, Yoreh Deah 97:8; Yad Yehudah, Peirush Hakatzar 97:4). This is permitted, because each receives an amount that he will finish in one day, and you do not need to be concerned that someone will forget and eat the leftover bread with dairy or meat.

Commercial bakery

There are authorities who permit a commercial bakery to manufacture a large quantity of dairy bread, as long as it is careful to sell to each individual or household only a small amount that he will eat at one time, without any leftovers (Shu”t Kesav Sofer, Yoreh Deah #61). This logic might permit a kashrus agency to certify a company that makes dairy bread, provided it sells its products in very small units. The Yad Yehudah (Peirush Hakatzar 97:7) raises a similar issue regarding whether a Jew may purchase a very small quantity of dairy bread from a non-Jewish owned bakery, just as he is permitted to make a very small quantity of dairy bread for himself. The Yad Yehudah prohibits this for an unrelated reason, because of the problem of chalav akum, that milk and milk products may not be purchased from a non-Jew, unless the dairy product was supervised from the time of its being milked. In today’s world, where many authorities permit non-chalav Yisroel milk because we can assume that a dairy or producer would use only cow’s milk, it would seem that one might be permitted to purchase dairy bread for a meal at a time and consume it in its entirety. However, the Maharit rejects this heter, raising concern that the baker may forget to tell his customers that the bread is dairy (Shu”t Maharit 2:18).

Pareve bread on dairy equipment

Is it permitted to make pareve bread on dairy or meat equipment, or is this included in the prohibition of making milchig or fleishig bread? In halacha, this is referred to as whether nat bar nat (literally a taste that is son of a taste) of dairy or meat, is still considered milchig or fleishig. There is a leniency about this mentioned in the Gemara.

Some authorities contend that the leniency of nat bar nat applies only to pareve food placed in a kli sheni, that is,in a bowl in which hot meat had been placed after being removed from the fire. However, pareve food placed in a fleishig or milchig kli rishon, i.e., a bowl or pot that had previously been on the fire and now has been removed, may not be treated as pareve. In other words, if a tray used to bake chicken was removed from the oven and fully cleaned, bread now placed on the tray may not be eaten with milchig (Rivan quoted by Tosafos, Chullin 111b).

However, most rishonim disagree and permit food cooked in a kli rishon meat pot to be eaten with dairy, provided the equipment is clean from significant meat residue. Following their approach, there is no problem eating bread that was baked on a milchig or fleishig tray, even if the tray was used to cook dairy or meat immediately before thebread. The Shulchan Aruch (Yoreh Deah 95:1) follows this position and this is the accepted practice among Sefardim.

However, the Rema (ad loc.) rules that one should not eat pareve food prepared this way with the opposite (i.e., eating food heated on a meat tray with dairy, or eating food heated on a dairy tray together with meat). This is the approach followed by Ashkenazim. Thus, according to the Rema, not only must the hechsher be careful that the bakery’s bread contain no dairy ingredients, it also must ascertain that it is not baked on dairy trays.

Pas Yisroel

Another issue that needs to be resolved is whether the bakery is certified to sell pas Yisroel or not. Pas Yisroel means bread baked by a Jew, or where a Jew participated in its baking. Pas paltur means bread baked by a gentile for sale, which one is permitted to eat, at least when certain conditions exist, as I will explain.

According to the Shulchan Aruch and the Shach, it is permitted to eat pas paltur only when no comparable pas Yisroel is available. However, if the pas paltur tastes better, or someone wants a variety of bread that is not available locally as pas Yisroel, he may use pas paltur. Nevertheless, according to this opinion, he should constantly assess whether pas Yisroel is available before using pas paltur.

Some authorities permit purchasing pas paltur even when pas Yisroel is available, in a situation where there is not enough pas Yisroel for everyone (Kaf Hachayim, Yoreh Deah 112:30). They also permit pas paltur when purchasing exclusively pas Yisroel would drive up its price (Kaf Hachayim, Yoreh Deah 112:30).

Other authorities are more lenient, ruling that pas paltur 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 (regarding the consumption of pas paltur) is to be lenient, I will not expound on the topic at length, because the widespread practice is to permit this bread and eat it, even when pas Yisroel is available. Therefore, one who is careful about pas Yisroel may choose to be machmir to the extent that he wants.”

In this context, I would be remiss not to mention a dispute among acharonim whether there is any reason not to use pas paltur bread that is baked in a large commercial bakery, since the customer never meets the employees (see Shu”t Maharit Tzahlon #161, quoted by Birkei Yosef, Yoreh Deah 112:9).

Making it pas Yisroel

Notwithstanding that the Rema concludes that pas paltur is permitted, all agree that there is a preference to eat pas Yisroel. Among the rishonim, we find a dispute whether the Jew’s participation in the baking of the bread must have some significance to it 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 splint into the oven, is sufficient (Rambam; Tosafos; Ran; Shulchan Aruch, Yoreh Deah 112:9).

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

Today’s pas Yisroel

Contemporary gas or electric ovens do not accommodate adding a splinter of wood to the oven’s fuel. Nonetheless, it is very easy to make the bread pas Yisroel even in a large commercial bakery that operates seven days a week,. Simply have a Jew adjust the thermostat downward for a second, until he sees that this has stopped or decreased the flow of fuel, and then set the thermostat back to its original setting. The product quality is not affected at all, and this renders all baked goods at this bakery pas Yisroel for the foreseeable future.

When the above method is not an option, such as in a bakery that is not in operation seven days a week, another contemporary solution is often suggested. The hechsher places a glowbar, an electrical unit inside the oven that participates in all the baking. Since the glowbar is turned on only by someone Jewish, such as the visiting mashgiach, all breads baked in that oven are now pas Yisroel. (We should note that there are some rabbonim who do not approve of a glowbar for pas Yisroel, for reasons beyond the scope of this article.)

Gluten-free bread

In today’s world, gluten-free bread and pastry have become very popular items. Since they are usually made without the five grains (wheat, barley, spelt, rye and oats), they may not require pas Yisroel, but may involve a more serious prohibition, bishul akum. Gluten-free products are made without wheat, rye, barley or spelt, and use, instead, gluten-free starches such as manioc, arrowroot, tapioca, plantain or oats, the last of which can be made gluten free relatively easily. (Please note that there are many different types of gluten intolerance; a small percentage of people are sensitive to oat starch.)Bread baked from most of these grains (with the exception of oats) is not considered bread according to halacha, and therefore has no issue of pas akum. However, they may be categorized as cooked items, and potentially prohibited as bishul akum. Whereas I noted above that pas akum produced for commercial sale is permitted according to many authorities in all circumstances, and, according to all authorities in some circumstances, the prohibition against bishul akum, foods cooked by a non-Jew do not carry these lenient rulings.

We find discussion among earlier authorities regarding baked products produced from rice flour, without any of the five grains included. Some authorities contend that where bread from rice or similar grains is commonly eaten, there is a concern of bishul akum (Pri Chadash, Yoreh Deah 112:5). This approach is implied by the Rosh and by the Rema (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). I leave it to each individual to ask his rav or posek whether he should be concerned about bishul akum regarding these products.

Separating challah

In previous articles, I have discussed the issues about separating challah. The question of separating challah is contingent only on whether the dough is owned by someone Jewish, but not on who actually mixes the dough. In other words, if a Jew owns the bakery, there is a requirement to separate challah, even if the workers making the dough are non-Jewish. If the owner is not Jewish, there is no requirement to separate challah, even if the worker mixing the dough is Jewish. The halacha is the exact opposite of the rules that govern pas Yisroel and bishul Yisroel where the status is contingent on the person who makes the product, not on who owns it.

Tola’im

Of course, the hechsher also needs to make certain that the raw materials and the production facility itself are maintained in a way to resolve all kashrus concerns about insect contamination.

Conclusion

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

How Far for Bread?

Photo by barbara bar from FreeImages

Question #1: For a Crust of Bread

“How far must I travel to get pas Yisroel?”

Question #2: Camp Bread

“When camping in the Shenandoah Mountains, we happened upon another group of campers who clearly were not Jewish. They invited us to join them for their meal, which we obviously could not. However, I saw that they made their bread on site by mixing only flour, water, yeast and salt, and baking it on a grill. If we had koshered the grill before they baked, could we have eaten their bread?”

Question #3: A Caring Host

“I usually purchase bread only from Jewish bakeries. We have an out-of-town guest visiting who brought a kosher specialty bread as a gift, which I am sure is not pas Yisroel. I don’t want to offend him, but may I eat it?”

Based on a posuk in this week’s parsha, the Gemara suggests that the prohibition against non-Jewish cooked food is min haTorah. Although this is not the halachic conclusion, it is certainly an appropriate time to discuss the laws of kosher bread.

Basic background

In other articles, I have discussed the laws of pas akum and pas Yisroel. Bread baked with Jewish participation, as described in those articles, is called pas Yisroel, and may be eaten without any reservation. Pas akum means bread baked by a non-Jew, without Jewish participation. Pas akum is subdivided into two categories, pas baalei batim, bread baked by a gentile for personal use, which is usually prohibited, and pas paltur, bread baked for sale. We should note that pas baalei batim is prohibited, even when there are no other kashrus concerns either about the ingredients or about the equipment used to prepare the bread (Avodah Zarah 36a). Furthermore, one may not sell this bread to a non-Jew, out of concern that he will in turn sell it to a Jew, who is forbidden to eat it (Toras Chatas 75:4, quoting Shaarei Dura).

However, there is an instance when one is permitted to consume pas baalei batim. If one is in a place where there is no bakery, and the only bread available is homemade bread, one may eat even pas baalei batim, provided one can assume that all the ingredients are kosher (Shulchan Aruch, Yoreh Deah 112:8). Thus, we can now answer one of our opening questions:

“When camping in the Shenandoah Mountains, we happened upon another group of campers who clearly were not Jewish. They invited us to join them for their meal, which we obviously could not. However, I saw that they made their bread on site by mixing only flour, water, yeast and salt, and baking it on a grill. If we had koshered the grill before they baked, could we have eaten their bread?”

Since this bread was baked by a gentile for personal use and not for sale, it has the status of pas baalei batim, and would usually be prohibited, even if we are absolutely certain that all the ingredients and the equipment are kosher. However, if indeed no other bread is available, it is permitted to eat this bread.

By the way, if a Jew was there while they were baking the bread, he could easily make this bread into pas Yisroel by adding a charcoal or a piece of wood to the fire. In the case of a gas grill, a Jew could simply turn the gas flow down and immediately up again to make it pas Yisroel.

Must one use only pas Yisroel?

In the previous articles on the topic of pas Yisroel, we learned that, according to the Shulchan Aruch and the Shach, one may not use pas paltur unless comparable pas Yisroel is not available. However, the Rema ruled that standard Ashkenazic practice is to permit use of pas paltur, except for Shabbos and during the aseres yemei teshuvah. Both opinions agree that using pas Yisroel when pas paltur is permitted qualifies as a hiddur, observing halachah in a more exemplary fashion.

As I noted, most supervised, kosher commercially baked bread is pas paltur and not pas Yisroel, particularly those produced in factories. One of those articles also noted that it is very easy to make bread and rolls produced in factories into pas Yisroel, and that the hechsherim would make the appropriate arrangements if consumers would demand it.

How available?

As we just learned, all opinions agree that one may use pas paltur when pas Yisroel is not available. At this point, we need to define: What do we mean when we say that pas Yisroel bread is “not available”? If there is no Jewish bakery in my neighborhood, but there is one relatively nearby, is this called that pas Yisroel is “not available”? What if the nearest pas Yisroel is a twenty-minute walk, and the nearest pas paltur can be purchased at the supermarket next door; does the Shulchan Aruch require me to walk twenty minutes to acquire pas Yisroel, or may I use the more accessible pas paltur? Is the halachah affected by whether I have access to an automobile, and now a bakery that is a forty-five-minute walk can be reached in ten minutes by car?

How far?

Neither the Gemara nor the early rishonim discuss the question: What do we mean when we say that pas Yisroel bread is “not available”? However, the Gemara (Pesachim 46a) discusses a related issue. This passage examines three situations in which one is usually obligated to observe a halachah, but, under extenuating circumstances, Chazal relaxed the requirement. In the first case, a baker, who at the time of the Gemara was required to produce bread that is tahor, ritually pure, has only tamei equipment available. Using this equipment to produce his bread will render it tamei, which is not ideal in a situation when people are trying to be always tahor.

The baker knows that, in the direction in which he is traveling, a mikveh is available for him to purify his equipment, but it is four millin away (roughly between two and three miles, see below). Is he permitted to produce bread in the interim, knowing that what he produces will be tamei?

The halachah requires him to travel ahead to the mikveh and immerse his equipment, rather than manufacture tamei bread. If, however, the nearest mikveh is more than four millin down the road, he may stop now and prepare his bread.

A second case of the Gemara: Someone is traveling and would like to stop for the night. He knows that four millin ahead of him on the road there is a minyan. Is he required to push onward the four millin, so that he will be able to daven with a minyan, or may he stop, knowing that he will be forced to daven without a minyan? The Gemara concludes that he is required to travel up to four millin in order to daven with a minyan. If, however, the nearest minyan is more than four millin down the road, he may stop for the night where he is, even though that means that he will be davening without a minyan.

A third case: Someone is traveling and has no water with which to wash netilas yadayim for eating bread. He knows that he will find water within four millin of his travels. May he eat now, without washing, by wrapping his hands in cloth or by wearing gloves, or is he required to wait until he reaches the water so that he can wash netilas yadayim before he eats his bread (see Shulchan Aruch, Orach Chayim 163:1)? The Gemara concludes that he is required to travel ahead up to four millin in order to wash before eating. However, if the nearest appropriate and available water is more than four millin down the road, he may wrap his hands in cloth and eat his bread without first washing netilas yadayim.

How far is four millin?

A mil is 2000 amos, or cubits, which means that four millin is more than two miles, and probably less than three. This range of distance is because there are different opinions as to the length of an amoh.

How long does it take to walk a mil?

There is a dispute among halachic authorities how long it takes for an “average” individual to walk a mil. Some contend that walking a mil takes the average person about 18 minutes, which means that it takes 72 minutes to walk four millin. A second opinion contends that it takes 22.5 minutes to walk a mil and 90 minutes to walk four. A third opinion maintains that it takes 24 minutes to walk a mil and 96 minutes to walk four. The different opinions in this dispute represent three differing approaches to explain a complicated passage of Gemara (Pesachim 95).

Many halachos are dependent on this dispute, including such questions as:

When does a fast begin?

How long must meat be salted to kosher it?

When does Shabbos end?

In how much time does dough become chometz?

Most, but by no means all, later authorities, conclude that the average person can walk one mil in 18 minutes and four millin in 72 (Shulchan Aruch, Orach Chayim 459:2 and Yoreh Deah 69:6).

Today

Of the three cases mentioned in the Gemara Pesachim, two are still relevant in our generation. Unfortunately, until we again have a parah adumah, we are all tamei, and therefore, the first of the three cases, the baker whose equipment is tamei, is not germane to us at the moment. But the questions about someone traveling and seeking a minyan, or water to wash for bread, are both very relevant and, indeed, are discussed by the Shulchan Aruch (Orach Chayim 90:16 and163:1).

Out of my way

Thus far, we have quoted the part of the Gemara that discusses someone who knows that there is a mikveh, minyan or water ahead of him in the same direction in which he is traveling. What is the law when the nearest mikveh, minyan or water is not located in the direction in which I am traveling? Am I required to travel out of my way to fulfill these mitzvos, and, if I am, how far out of my way must I go?

The Gemara’s conclusion is that he is required to travel up to one mil out of his way to reach a mikveh, minyan, or washing water, whichever is relevant to the question. Thus, someone who would like to eat bread, and who is in a place where he has no water with which to wash, is required to travel up to one mil out of his direction to wash his hands. However, if the nearest water is a mil or more distant and in a direction that is out of his way, he is permitted to wrap his hands and eat bread without washing netilas yadayim (Shulchan Aruch, Orach Chayim 163:1). The same rules apply to someone needing a minyan with which to daven.

At home

What is the law if someone is at home, must he go to daven with a minyan. The Pri Chodosh (Orach Chayim 163:28) concludes that he has the same law as someone who would have to travel out of his way to find a mikveh, minyan or water. In other words, he is required to leave his house, if the minyan is located within a mil of where he is.

Pas Yisroel at a distance

The same question can be asked by someone at home wanting to know how far he is required to travel to obtain pas Yisroel?

Although the Gemara does not discuss how far one must travel to obtain pas Yisroel, there are rishonim who compare the halachah regarding pas Yisroel to the other three situations mentioned in the Gemara. They reason that this Gemara provides a framework for understanding what is considered a distance at which one is required to inconvenience oneself to fulfill similar mitzvos. The Shulchan Aruch (Yoreh Deah 112:16)follows this interpretation, ruling that if someone is traveling and there is pas Yisroel available further down the road, he is required to travel for as long as four millin in order to eat pas Yisroel, rather than pas paltur. If he would need to travel out of his way, he is required to travel up to a distance of one mil to obtain pas Yisroel, but no farther.

As we noted before, the Shulchan Aruch rules that it is permitted to eat pas paltur only when pas Yisroel is not available. The Rema is more lenient, concluding that it is permitted to eat pas paltur even when pas Yisroel is readily available. Thus, according to common Ashkenazic practice, there is no requirement to travel at all to obtain pas Yisroel. However, during the aseres yemei teshuvah and for Shabbos, when most authorities require that we eat only pas Yisroel, the rules above are appropriate. If pas Yisroel is available only by traveling a mil out of one’s way, one is not required to get it.

How far or how long?

At this point, we need to discuss a very practical issue. When Chazal required that I go one mil out of my way to get pas Yisroel, was this requirement based on time or distance? What if someone is traveling in a way swifter than by foot, be it horse, automobile, or camel? Is his requirement for these mitzvos determined by the distance he must travel to fulfill the mitzvah in its optimal way, or is it determined by the time it will take him to get there? In other words, did they establish that within a one mil radius of a Jewish bakery one may not use pas paltur, or did they rule that one is required to travel eighteen minutes to obtain pas Yisroel? The difference in practical halachah is major.

This question is disputed by later authorities. Some contend that if pas Yisroel is more than one mil distant from where I am, I may use pas paltur, even though I could get there faster by riding a horse (Pischei Teshuvah, Yoreh Deah 112:6, quoting the Beis Yaakov). Since, in my entire life, I have never traveled on horseback to acquire bread, this opinion would impact on me, regarding if I am required to drive an automobile this far when pas paltur is more readily available.

On the other hand, the Mishnah Berurah (Chapter 163, Biur Halachah s.v. berichuk), writing germane to netilas yadayim, comments that it is more likely that the concern is the amount of time the travel would take and the physical distance should not make a difference.

Being a good host

At this point, let us discuss a different one of our opening questions:

“I usually purchase bread only from Jewish bakeries. We have an out-of-town guest visiting who brought us a gift of a kosher specialty bread, which I am sure is not pas Yisroel. I don’t want to offend him, but may I eat it?”

This question has an early source. Several early authorities discuss the following case: Someone who is careful to use only pas Yisroel invited a guest who brought with him quality pas paltur that he would like to share with his host. The question here is that the guest would prefer to eat the bread that he brought, yet the host would not usually eat this bread, because it is not pas Yisroel. The halachic etiquette is for the host to be the one who recites the brocha of hamotzi for everyone at the beginning of the meal, and then he slices and serves the bread that will accompany the meal. This accomplishes that, when the host distributes an ample amount of bread, the guests feel comfortable eating their fill. Thus, to be a proper host, the host should recite hamotzi and serve the guest the pas paltur bread that he brought.

Now, we add another halachah to the question: When one intends to serve two types of bread at a meal, one should recite the hamotzi blessing over the better quality bread and eat from it immediately after reciting hamotzi.

The combination of all these halachos creates a conundrum for the host. If he follows his own usual practice, he would make hamotzi on the pas Yisroel, which is of lesser quality than the pas paltur that his guest provided. On the other hand, his guest is under no requirement to refrain from eating the better-quality pas paltur. Thus, the etiquette of being a good host should have the host reciting hamotzi over the pas paltur, something he would not usually eat.

The halachah is that, indeed, the host should recite the hamotzi over the guest’s pas paltur, and he is permitted to eat the pas paltur for that entire meal in order to properly accommodate his guest (Mordechai, Avodah Zarah #830; Shulchan Aruch, Yoreh Deah 112:13). This is notwithstanding his usual practice not to eat pas paltur. Since the halachah rules this way, in this situation, the host does not need to perform hataras nedarim before he partakes of the pas paltur.

Conclusion

The Gemara teaches that rabbinic laws are dearer to Hashem than the Torah laws. We see that there is a vast halachic literature devoted to the laws of pas akum, which was created by Chazal to protect the Jewish people.

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:

  1. That the takanah of pas akum could have been rescinded.
  2. 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.

 

 

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.

 

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