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Bishul Akum

2012-12-28T17:54:11Z

Jkoolyk:

==The Gezeirah ==
# The Chachomim<ref>This gezeirah is d’rabanan in nature (Meseches Avodah Zarah 38b, Yerushalmi Meseches Avodah Zarah 2:8, Ran Meseches Avodah Zarah page 28 “rebbe,” Rosh Meseches Chullin 3:61, Issur V’heter 43:1, Rambam Hilchos Machalas Asuros 17:9, Shulchan Aruch Y.D. 113:16, Aruch Hashulchan 1, Sdei Chemed mareches bais page 133:69, see Teshuvos V’hanhagos 3:247 who seems to say there is a semach to a d’oraisa and therefore one should be very careful with these halachos). Refer to Kav Hayosher 75:5. </ref> enacted a gezeirah forbidding food that was cooked by a non-Jew.<ref>Meseches Avodah Zarah 35b.</ref> However, it is permitted to derive benefit from the food.<ref>Meseches Avodah Zarah ibid. </ref>

==Reasons ==
# There are a number of reasons for this gezeirah. The opinion of Rashi<ref>Meseches Beitzah 16a “ein,” Avodah Zarah 35b “v’hashlakos.” Refer to Rambam Hilchos Machalas Asuros 17:15, Tur Y.D. 113, Ramban Meseches Avodah Zarah 35b.</ref> is that chazal wanted to prevent socializing with non-Jews, which might lead to intermarriage<ref>Devarim 7:3. </ref> (chasnus).<ref>Rambam ibid, Issur V’heter 43:1, Tur Y.D. 112. Refer to Pardes Yosef Vayeichi 49:page 838 (new). The issur applies even if one may not come to intermarriage (Refer to Rashba 1:248, Ramban Meseches Avodah Zarah 35b, Levush Y.D. 113:1, Shevet Hakehasi 6:273). There is no difference if the non-Jew bows down to idols or not in regard to this halacha (See Pri Tohar 112:3, Matei Yehonosson 112, Rav Poalim Y.D. 4:17, Yechaveh Daas 5:54, see Rav Poalim Y.D. 4:17, Shema Shlomo Y.D. 2:67, Shulchan Melachim pages 194-198). Regarding whether an issue of bishul akum exists if there will be animosity see Taz Y.D. 152:1, Shach on Taz ibid, Chavos Yuer 66, Shulchan Melachim pages 189-194 in depth. </ref> Rashi in Meseches Avodah Zarah<ref>38a “m’d’rabanan.” Refer to Tur 113, Ha’go’es Ashri Meseches Avodah Zarah 2:28, Levush 113:1, Chochmas Adom 66:1. </ref> says that we are concerned that the non-Jew will mix in a non-kosher item into the food.<ref>Refer to Bishul Yisroel page 3:footnote 1 on the two views of Rashi. </ref> Most poskim agree with the first reason.<ref>Rambam Hilchos Machalas Asuros 17:9, 15, Tosfas Meseches Avodah Zarah 38a “ela”, Issur V’heter 43:1, Tosfas Harid Meseches Avodah Zarah 35b, Ohr Zeruah Meseches Avodah Zarah 2:190:page 53, Tur 113, Bais Yosef 113, Bach, Levush 113:1, Taz 1, Shach 1, Prisha 3, Chochmas Adom 66:1, Pischei Teshuva 113:1, Aruch Hashulchan 2, 6, Kaf Hachaim 1, Chelkes Binyomin 113:1. The Halichos Shlomo Moadim 2:3:footnote 11 says the reason for the increase in intermarriage today is because of the many leniencies we accept for bishul akum. </ref> Chazal were more stringent with bishul (cooking) than with bread of a non-Jew.<ref>Shach 112:17, Aruch Hashulchan 113:1-2, see Mesora 1:pages 84-85. Refer to Igros Moshe Y.D. 1:45, Noam Halacha page 64:footnote 3 in depth.</ref>

==Exceptions ==
# There are two basic exceptions to the gezeirah. A food that falls into either of these two categories<ref>This is expressed in Tosfas in Meseches Avodah Zarah 38a “ika”, and “dagim”, and codified by the poskim. Refer to Rosh Meseches Avodah Zarah 2:28:page 83, Ran page 15, Rashba Meseches Avodah Zarah 38a, Ramban Meseches Avodah Zarah 37b, Toras Habayis 3:7, Meiri Meseches Avodah Zarah 38a, Rambam Hilchos Machalas Asuros 17:14-15, Bais Yosef 113, Bach, Shulchan Aruch 113:1, Levush 2, Aruch Hashulchan 5. Refer to Mordechai Meseches Avodah Zarah 830:page 42.</ref> is not subject to the halachos of bishul akum and may be eaten by a Jew l'chatchilah.<ref>Chelkes Binyomin 113:3.</ref>

## A food that can be eaten raw may be cooked by a non-Jew for two reasons. First, the cooking does not really improve the food<ref>Rashi Meseches Beitzah 16a “ein”, Chochmas Adom 66:1, Bais Yitzchok 33:pages 565-566, Chelkes Binyomin 113:3, 5.</ref> because it can be eaten raw<ref>Meseches Shabbos 51a, Avodah Zarah 38a, Ran Beitzah page 8b “im tzolon”, Rosh Meseches Avodah Zarah 2:28, Rif page 14, Issur V’heter 43:2, Tur 113, Shulchan Aruch 113:1, Toras Chatos 75:16, Levush 2, Chochmas Adom 66:1, Kitzur Shulchan Aruch 38:6. Refer to Tosfas Meseches Avodah Zarah 38a “dagim”.</ref> (and not considered cooked).<ref>Rashi Meseches Beitzah 16a “ein buhem”, Levush 113:2.</ref> Second, food which is edible raw is not an important food and one would not invite someone to his home to eat such foods.<ref>Ran Meseches Beitzah 8b “im tzolon”, Taz 113:1.</ref> Examples of such foods are beets,<ref>OU document A-110. Refer to the opinion of the Be’er Moshe quoted in Pischei Halacha (Kashrus) page 119:12 regarding borscht.</ref> cheese,<ref>Tosfas Meseches Avodah Zarah 38a “ika”, Darchei Teshuva 113:5, Kaf Hachaim 15. Refer to Bishul Yisroel pages 576-557 regarding processed cheeses.</ref> fruits,<ref>Refer to Shevet Ha’Levi 6:108:5. This is even if they are fried in sugar or honey (Aruch Hashulchan 13).</ref> honey,<ref>Tosfas Meseches Avodah Zarah 38a “ika”, Rosh 2:28, Rambam Hilchos Machalas Asuros 17:23, Issur V’heter 43:5, Shulchan Aruch Y.D. 114:7, Aruch Hashulchan 113:13, Yalkut Yosef Y.D. 2:page 149, Shevet Ha’Levi 6:109.</ref> juice, ice cream, milk, (this will be discussed in a later issue), sugar cane,<ref>Aruch Hashulchan 23.</ref> zucchini and other vegetables,<ref>Refer to Rambam Hilchos Machalas Asuros 17:14, Shulchan Aruch 113:3. This is only if the vegetable is not cooked with meat that is bishul akum since the fat from the meat gets absorbed into the vegetable (Shulchan Aruch ibid, see G’ra 3, Darchei Teshuva 33-34, Chelkes Binyomin 33).</ref> and water.<ref>OU document A-110.</ref> Examples of foods that are not edible raw are asparagus, cauliflower, chicken, meat, potatoes, (this will be discussed in a later issue) and pumpkin.<ref>OU document ibid. </ref>

## The issur of bishul akum is limited to foods which are served on a king's table<ref>Meseches Avodah Zarah 38a, Rosh 2:28, Ran page 15, Rashba Meseches Avodah Zarah 38a, Rambam Hilchos Machalas Asuros 17:15, Tur 113, Shulchan Aruch 113:1, Levush 3, Kitzur Shulchan Aruch 38:6, Chochmas Adom 66:1, see Ritvah Meseches Avodah Zarah 38a. </ref> (oleh al shulchan melachim) and accompany bread (see below) (such as meat,<ref>Aruch Hashulchan 10. </ref> eggs, or fish)<ref>Rambam Hilchos Machalas Asuros 17:15, Ritvah Meseches Shabbos 51a, Meiri Meseches Avodah Zarah 35a. </ref> or as an appetizer.<ref>Rambam Hilchos Machalas Asuros 17:18, Issur V’heter 43:2, Tur 113, Bais Yosef, Shulchan Aruch Y.D. 113:1, Toras Chatos 75:16, Shach 112:5, Chochmas Adom 66:1, Kitzur Shulchan Aruch 38:6, Chelkes Binyomin 113:12, Bishul Yisroel pages 180-181. Others say a dessert which is not eaten with bread is not a concern (Pri Chadash 114:6, Chasam Sofer 113:2, Kaf Hachaim 7), while others disagree (Refer to Shulchan Aruch Y.D. 113:1, Aruch Hashulchan 7, Darchei Teshuva 12). </ref> Only these types of foods are served at social gatherings and only then is there the concern for intermarriage.<ref>Rashba Toras Habayis 3:7. </ref> When there is no invitation, we are also not concerned that a non-Jew will mix non-kosher with kosher food.<ref>Chelkes Binyomin 113:3. Refer to Bishul Yisroel pages 130-131. </ref>
Many say that any food that is fit to be served on a king's table is subject to bishul akum even if it is not eaten with bread.<ref>Rashba Meseches Avodah Zarah 38a, Toras Habayis 3:7, Levush 3, Pri Tohar 3, Tiferes Yisroel Meseches Avodah Zarah 2:52, Aruch Hashulchan 7, Darchei Teshuva 12, Shevet Ha’Levi 2:43, 10:124, Bishul Yisroel page 148:footnote 15 quoting the opinion of Harav Elyashiv Shlita.</ref> Others say that the above stipulation is to be taken literally and even an important food is only prohibited if it is eaten with bread.<ref>Ritvah Meseches Avodah Zarah 38a, Issur V’heter 43:2, Zer Zahav 2, Meiri Meseches Avodah Zarah 38a, Pri Chadash 113:3, 22, opinion of Harav Henkin zt”l quoted in Shearim Metzuyanim B’halacha 38:4, Hamesivta 5754:pages 83-84, Teharas Hamayim page 328:footnote*. Such an example would be a fancy spread (Bishul Yisroel pages 170-172). </ref> The accepted custom follows the stringent opinion.

## There is a third, somewhat obscure exception, which permits food which does not change when it is cooked.<ref>The Shevet Ha’Levi 6:108:2 says this reason and the reason of edible raw is the same reason. Refer to the Pri Chadash 113:1. See Meseches Avodah Zarah 37b (bottom), Ohr Zeruah Meseches Avodah Zarah 2:191:page 53, Ha’go’es Ashri Meseches Avodah Zarah 2:28, Ran Meseches Avodah Zarah page 28 “rebbe”, Meiri Meseches Avodah Zarah 38a, Toras Chatos 75:16, Minchas Yaakov 75:32, Aruch Hashulchan 8. The Ran on page 15 (Meseches Avodah Zarah) says this third exception is not found in other Rishonim. See Darchei Moshe 113:3, Shach 113:1. </ref> However, most poskim maintain that this may not be relied upon to permit bishul akum.<ref>Issur V’heter 43:1, Shach 1, Be’er Heitiv 1, Pri Chadash 1, Pri Tohar 1, Aruch Hashulchan 9, Darchei Teshuva 14, Zivchei Tzedek 113:1, Kaf Hachaim 3, Chelkes Binyomin Biurim “davar” pages 60-61, Shevet Ha’Levi 2:43, Hamesivta 5754:pages 78-80. Refer to Avnei Nezer Y.D. 96:1. </ref>

==What Does "Eaten Raw" Mean?==
# The poskim debate the definition of "eaten raw." Some say that it depends on each individual's eating habits.<ref>Pri Chadash 113:2-3, Aruch Hashulchan 112:12, Darchei Teshuva 113:3 quoting the opinion of the Bnei Chai.</ref> However, many say that it follows the custom of most people.<ref>Rashi Meseches Avodah Zarah 38b “l’inyun”, Rashba Toras Habayis 3:7. Refer to Chochmas Adom 66:3. Refer to Shiurei Beracha 113:1, Darchei Teshuva 3, Chochmas Adom 66:4, Aruch Hashulchan 113:12, Kaf Hachaim 10, Shevet Ha’Levi 5:93:page 97, Chelkes Binyomin 113:6, Be’er Moshe quoted in Pischei Halacha (Kashrus) page 116:16. Refer to Chelkes Yaakov 113:5. </ref> Accordingly, if most people eat a food raw then one may eat it if a non-Jew cooked it. Even if he personally would not eat this food raw, his da'as is botel to all the other people.<ref>Chelkes Binyomin 113:6, see Biurim “nechal.”</ref>

# A food which can only be eaten raw in difficult circumstances is not considered halachically edible raw,<ref>Rashba Toras Habayis (hakutzer) 3:7:page 213 (new), Ran Meseches Avodah Zarah 16b “beitzah”, Meiri Meseches Avodah Zarah 38a, Tur 113, Shulchan Aruch 113:12. Refer to Pri Chadash 113:21, Chochmas Adom 66:3, Ben Ish Chai Chukas 2:22, Aruch Hashulchan 26, Kaf Hachaim 71, Shevet Ha’Levi 9:162, Chelkes Binyomin 113:117, Bishul Yisroel pages 85-87. Refer to Bach 113 “umeiy shnu” who explains why if a food is cooked is it permitted even if it can be eaten if one pushes himself. </ref> while others argue and hold it is still considered halachically edible raw.<ref>Rama ibid. Refer to Ramban and Ritvah Meseches Avodah Zarah 38b. </ref>

# If it is the derech to eat the item raw with other ingredients, then the raw item is still considered edible raw.<ref>Gilyon Maharsha Y.D. 113, Magen Avraham O.C. 203:4, Mishnah Berurah 203:11, M’Bais Levi 8:page 26:1, Chelkes Binyomin 113:6-7. Refer to Bishul Yisroel page 102, OU Document A-59 quoting the opinion of Rav Schachter Shlita, OU madrich pages 100-101. See Darchei Teshuva 113:4, Bishul Yisroel page 102 quoting the opinion of Harav Shmuel Felder Shlita. Refer to Bishul Yisroel page 463 who is not sure what status sushi has in this regard.</ref> A food which was edible raw while fresh is not considered edible raw after it dries out.<ref>Aruch Hashulchan 15. See Dugel Mervuva Y.D. 113. Refer to Bishul Yisroel pages 88-90. </ref>

==Product Shipped From one Place to Another==

If a non-Jew cooks a food which is edible raw then it is permitted even if it is shipped to a country where it is not eaten raw.<ref>Harav Yisroel Belsky Shlita as expressed in OU document A-88, see Pri Chadash Y.D. 113:22, Shiurei Beracha 113:1, Kaf Hachaim 113:11. Refer to Shevet Ha’Levi 9:163. The reason for this is since the food is edible raw in one place there is no certainty that it will not be edible raw in the place where it is shipped since it is many days from when the food is made and the food may be dry. </ref> This is not a common issue as a food which is edible in one country is usually edible in a different country as well.<ref>OU document ibid. </ref>

=="Fit to be Served on a King's Table"==

# We mentioned earlier that food which is fit to be served on a king's table is subject to the halachos of bishul akum.<ref>Refer to Darchei Teshuva 113:10 if this applies to a Jewish king or non-Jewish king. In addition refer to Bishul Yisroel pages 187-188 if this applies to something which is fit for a king’s table sometimes. See Tosfas Meseches Beitzah 16b “dagim”, Avodah Zarah 38a “dagim”.</ref> This term requires clarification. What if a king eats it for breakfast but would not eat it for supper? Some say that this refers to food that would be served at a royal dinner;<ref>Based on the Gemorah in Meseches Avodah Zarah 38a. Refer to Shevet Hakehasi 6:274:4. </ref> the prevailing opinion is that it refers to anyone of stature, not just a king.<ref>Issur V’heter 43:2, Shiurei Beracha Y.D. 113:2, Ben Ish Chai Chukas 2:9, Zivchei Tzedek 113:2, Kaf Hachaim 13:2. Refer to Aruch Hashulchan 18 who seems to hold this way as well. See Chelkes Binyomin 113:10, Bishul Yisroel page 133. See Shulchan Melachim 2:pages 1164-1165. </ref> Others say it means food which would be served at a state dinner,<ref>Refer to Kashrus Kurrents from the Star-K “Food Fit For A King”.</ref> while some apply it even if a food is eaten by a king at breakfast<ref>Refer to Mesora 1:page 86:2, Shulchan Melachim 2:page 1209:3. </ref> (this is not l'halacha). Others are of the opinion that it refers to a food that one would serve on Shabbos to invites guests,<ref>Based on the opinion of the Rambam in Hilchos Machalas Asuros 17:15, Be’er Moshe quoted in Pischei Halacha (Kashrus) page 116:18, opinion of Harav Falk Shlita in Bishul Yisroel (teshuvos) page 28:3. Refer to Bishul Yisroel pages 134-135 who says this clause is not mentioned in Shulchan Aruch, but it seems to be l’halacha anyways. </ref> or food served at a seudas mitzvah.<ref>Shevet Ha’kehusi 6:274:4, see Dinei Machalei Nuchrim pages 18-19. </ref> Harav Yisroel Belsky shlita says it refers to food served at a wedding smorgasbord.<ref>Based on a personal conversation. Refer to Bishul Yisroel (teshuvos) page 28:3 who does not seem to agree with this. </ref> Examples of foods which do not fit the above and are permitted are: chickpeas,<ref>Refer to Darchei Moshe 113:3, Rama 113:2, Aruch Hashulchan 13, 15-16, Halichos Olom 7:pages 102-103, Opinion of the Be’er Moshe quoted in Pischei Halacha (Kashrus) page 119:14, Halichos Olom 7:page 102, OU Documents A-64:1, A-130, M-7. Refer to Rambam Hilchos Machalas Asuros 17:17, Ben Ish Chai Chukas 2:12. See Minchas Yaakov 75:31 who says (in his days) cooked chickpeas were fit to be served on a king’s table.</ref> corn (this will be discussed in a later issue), snacks,<ref>Toras Chaim Avodah Zarah 38a, Zechor L’Avraham 5762-5763:page 749, Teshuvos V’hanhagos 1:438, Noam Halacha page 190, opinion of Harav Elyashiv Shlita quoted in Bishul Yisroel page 169:footnote 3, Kitzur Hilchos Bishul Akum (Sharf) 11. </ref> Rice Krispies,<ref>Be’er Moshe quoted in Pischei Halacha (Kashrus) page 117:21, Star-K article entitled “Food Fit For A King”.</ref> and popcorn.<ref>Ibid:page 118:2, Rivevos Ephraim 7:page 450, Noam Halacha page 193, Chai Ha’Levi 4:50:10. </ref>
# Is "Fit to be Served on a King's Table" according to the Min or Specific Food? Some poskim hold that if a certain type of food can be prepared in a way that could be served at a king's table, then any dish prepared from this food falls under the problem of bishul akum, even if this particular dish would not be served at the king's table.<ref>Refer to Aruch Hashulchan 113:10, Emes L’Yaakov Y.D. 112:footnote 42, Teshuvos V’hanhagos 1:438, opinion of Harav Elyashiv Shlita quoted in Bishul Yisroel page 146:14, Igros Moshe Y.D. 5:48:5, Dinei Machalei Nuchrim pages 23-24, Bishul Yisroel pages 139-144, Teshuvos V’hanhagos 1:438, Be’er Moshe quoted in Pischei Halacha (Kashrus) page 116:17. Refer to Tiferes Yisroel Avodah Zarah 2:52.</ref> However, most poskim disagree with this position and maintain that each dish must be evaluated individually.<ref>Harav Yisroel Belsky Shlita, see OU documents A-21, A-23, and A-106, Maharsham 2:262, Gan Shoshanim 2:page 202. Refer to Chelkes Binyomin 113:6, 8, biurim page 96, Shevet Ha’kehasi 6:274, Teshuvos V’hanhagos 3:249, Bishul Yisroel page 143, Kerem Ephraim pages 64-65. </ref> Accordingly, if a specific potato is prepared in a way that it is fit for a king's table then only that type of potato is a problem of bishul akum. This opinion is followed by most kashrus agencies.
# If a food would only be fit for the king's table after certain spices and seasoning were added, it is still considered fit for the king's table even without the spices.<ref>Darchei Teshuva 113:9, Chelkes Binyomin 113:8. Refer to OU document A-41. </ref>

==Product Shipped from one Place to Another==
# If a non-Jew prepared a food (which is not edible raw) in a country where it is not served on a king's table and shipped it to a country where the food is fit to be served on a king's table the food is forbidden because of bishul akum.<ref>Refer to Bishul Yisroel (teshuvos) pages 31-32. See OU document A-131.</ref> If the situation is reversed, and a non-Jew prepared a food which is not edible raw and it is fit to be served on a king's table in that country, then the food is forbidden even if it is shipped to a country where it is not eaten on a king's table.<ref>Harav Yisroel Belsky Shlita as expressed in OU document A-88, opinion of Harav Falk Shlita as expressed in Bishul Yisroel (teshuvos) pages 31-34 in depth. Refer to Shiurei Beracha 113:7, Ben Ish Chai Chukas 2:12, Chaim Shaul 1:74:6, Kaf Hachaim 113:20, Kerem Ephraim pages 62-63, Bishul Yisroel pages 61-62. In regard to tortillas see Dinei Machalei Nuchrim pages 93-101 in depth. </ref>

==Each Place==
# The opinion of the Chochmas Adam<ref>66:4. </ref> and others<ref>Rambam Hilchos Machalas Asuros 17:18, Pri Tohar 7, Shiurei Beracha 113:9, Kaf Hachaim 6 and 11, Chelkes Binyomin 113:6, Bishul Yisroel pages 198-199. The Pri Chadash 113:5 argues (see Sdei Chemed mareches bishul akum u’pitan 5:page 287, Darchei Teshuva 113:7). </ref> is that these categories are based on the current custom and not on previous customs.

==Beverages ==
# The consensus of the poskim is that there is a concern of bishul akum with beverages (i.e. soup) if one cannot drink it without cooking it or it is fit to be served on a king's table.<ref>Refer to Tosfas Meseches Avodah Zarah 31b “v’travaihu,” Rosh 2:15, Rambam Hilchos Machalas Asuros 17:14, Orchos Habayis 8:14:footnote 41, Bishul Yisroel pages 185-186. Refer to Pri Chadash 113:3, 114:6 who seems to argue. See Sdei Chemed mareches “bishul eino yehudi u’pitan” page 349:10. </ref>

==Important Person==
# There is a discussion in the poskim if a "chashuva" person should go beyond the letter of the law regarding the halachos of bishul akum. Some poskim say that such a person should refrain from any food cooked by a non-Jew even if it can be eaten raw, if it is fit to be served on a king's table.<ref>Refer to Meseches Shabbos 51a, Meiri Shabbos 51a, Ritvah 51a, Shach Y.D. 152:2, Bach Y.D. 113, Shiurei Beracha 113:4-5, Tosfas Shabbos O.C. 257:17 in depth, Kaf Hachaim 12, Shevet Ha’kehasi 4:200, M’Bais Levi 8:page 31:13, Shevet Ha’Levi 6:108:3, Minchas Yaakov 75:30, Dinei Machalei Nuchrim page 9:footnote 4, see Pri Megadim Eishel Avraham 257:15. The Taz 3 says it is a pious act. Some even says this applies to water (Kaf Hachaim 13 quoting the opinion of the Arizal). </ref> The reason is that if one sees a chashuva person being lenient even though it is permitted al pi din, the onlooker will potentially be more lenient in a circumstance where it can be forbidden.<ref>Rashi Meseches Shabbos 51a “odom”, Meiri Meseches Shabbos ibid. </ref> If it is eaten raw and fit to be served on a king's table one should be stringent.<ref>Refer to Bishul Yisroel pages 385-386. </ref> However, others disregard this concern,<ref>Dugel Mirvuva Y.D. 113, Zivchei Tzedek 113:10, Machzik Beracha O.C. 257:2, Kaf Hachaim 113:12, Hamesivta 5754:page 82, see Chelkes Binyomin 113:4. </ref> and the custom seems to follow the latter opinion.<ref>Harav Yisroel Belsky Shlita, see Pri Chadash 113:3, Aruch Hashulchan Y.D. 113:11, Chai Ha’Levi 4:51:6.</ref> Even the stringent opinion makes allowances for health reasons (see below).<ref>Tashbatz 1:89, Maharsham 5:36:page 35. </ref>

==Doubt==
# The halacha is that anytime<ref>Rama 113:11, Chochmas Adom 66:9, Aruch Hashulchan 48. Refer to Bishul Yisroel 304-310. </ref> one has a doubt<ref>Even if the doubt is if a Jew was involved in the cooking of the food (Chelkes Binymon biurim “v’chein” page 100). </ref> whether a Jew stoked the coals<ref>Taz 11. This would not be valid according to the opinion of the Shulchan Aruch since stoking the coals is not bishul yisroel (Kaf Hachaim 68). </ref> (this will be discussed in a later issue), or if a food was cooked 1/3 by a Jew<ref>Chochmas Adom ibid. </ref> (this will be discussed in a later issue), then we can be lenient. Some even say that if one is not sure whether a particular food is subject to the laws of bishul akum he may be lenient because of a sofek d'rabanan l'kula.<ref>Tosfas Meseches Avodah Zarah 38a “ika”, Issur V’heter 43:10, Tur 113, Rama 113:11, Toras Chatos 75:7, Chochmas Adom ibid, Aruch Hashulchan 48. Refer to Darchei Teshuva 70. </ref> There is a discussion<sup> </sup>if we can be lenient if one is unsure if a food is fit to be served on a king's table. Some poskim are lenient even if one can verify the status,<ref>Opinion of the Shevet Ha’Levi quoted in Kerem Ephraim page 48:15:1. Refer to Pri Megadim Sifsei Da’as Y.D. 110:34. </ref> but the custom is to be stringent.<ref>Shach 110:34 (dinei sfek sfeika), Bishul Yisroel pages 490-491, opinion of Harav Falk Shlita quoted in Bishul Yisroel page 52 (teshuvos) 5:16. </ref>

==Jew Watching non-Jew==
# Even according to the view of Rashi that the concern of bishul akum is also because the non-Jew may mix in non-kosher food, there remains an issur even if the Jew observes the cooking process and ensures that nothing is added. The reason is that the main reason for the issur is because of intermarriage, and standing over a non-Jew does not mitigate this factor.<ref>Rivash 514, Noam Halacha page 76. </ref>

==Health Reasons==
# A food which is fit to be served on a king's table and is not eaten raw is still not a concern of bishul akum if it is eaten for health reasons. It is not a "chashuva" food, and sharing it will not lead to closeness with a non-Jew.<ref>Radvaz 3:637, Meiri Meseches Avodah Zarah 38a, Ritvah Meseches Avodah Zarah 38a, Maharsham 2:262, Noam Halacha page 75, Chelkes Binyomin 113:page 11 (biurim). </ref>

==Frozen==
# A food that is forbidden because of bishul akum and placed into the freezer is still forbidden even though it is inedible while it is frozen.<ref>Dinei Machalei Nuchrim page 48:6, Noam Halacha page 71:16:footnote 28, Kitzur Hilchos Bishul Akum (Berger) page 27. </ref> By the same token, if a Jew cooked food and froze it, there is no concern if a non-Jew heats up the food.<ref>Kitzur Hilchos Bishul Akum (Berger) page 26-27.</ref>

==Canned Foods==
# There is a discussion among the poskim if canned food is subject to the halachos of bishul akum. Food which is cooked before it is canned and is just put in a can for storage would be forbidden.<ref>Bishul Yisroel page 34, Teshuvos V’hanhagos 3:247. </ref> However, one could argue that food cooked in a can is not fit to be served on a king's table.<ref>Refer to Mesora 1:page 86 (bottom), Mesora 2:pages 74-75, OU document A-64:4, Star-K article entitled “Food Fit For A King” page 2, opinion of Harav Pinchus Sheinberg Shlita quoted in Divrei Chachamim pages 182-183:22. </ref> The custom seems to treat canned goods as a concern of bishul akum (if the food is not edible raw) even if it is cooked with indirect steam (this will be discussed in a later issue).<ref>Refer to Bishul Yisroel (teshuvos) pages 46-47, Teshuvos V’hanhagos 3:247. Also see Bishul Yisroel pages 34-36. Some are lenient because many products do not get changed when cooked in a can (Aleh Ezra Y.D. 5). </ref> However, this can be used as an additional factor to be lenient in certain cases.

==Utensils ==
# There is a discussion in the poskim if food cooked by a non-Jew<ref>The Shach 113:20 says cooking for herself is more stringent because it is unlikely that a Jew will intervene. Refer to Prisha 113:17, Chochmas Adom 66:11. See Shulchan Melachim 2:pages 959-957.</ref> renders the pot treif.<ref>Some say if the cooking was not done in front of us then there is a concern of non-kosher being cooked and all would agree that hagalah is required (Chelkes Binyomin 113:134). </ref> Some poskim say that no hagalah (kashering) is required.<ref>Ritvah Meseches Avodah Zarah 38a, Issur V’heter 43:8, Shulchan Aruch 113:16, Levush 16, Shiurei Beracha 18. Refer to Hamesivta 5754:pages 123-125 who says most poskim hold no hagalah is required. </ref> Some explain that the main reason for the issur of bishul akum is because of intermarriage, and there is no socializing with flavor absorbed in the pot.<ref> Bedek Habayis 3:7:page 209 (new), G’ra 40, 42, See Aruch Hashulchan 113:50. </ref> However, many poskim maintain that hagalah is in fact required,<ref>Rashba in Toras Habayis 3:7 (end), Rashba Meseches Avodah Zarah 38a, Ran (teshuvos) 5:11, Toras Chatos 75:14, Tur, Bais Yosef, Shulchan Aruch 113:16, Levush 16, Shiurei Beracha 18-19, Chochmas Adom 66:11, Mishnah Berurah O.C. 328:63, Aruch Hashulchan 113:50, Kaf Hachaim Y.D. 113:89, Igros Moshe Y.D. 2:41, Kitzur Hilchos Bishul Akum (Berger) page 45:67. Refer to Matei Yehonosson 113:16, Pri Chadash 25, Kashrus 2:pages 13-20 in depth. See Shulchan Melachim 2:pages 943-951.</ref> and this is the overwhelming custom.<ref>Shulchan Aruch 113:16, Aruch Hashulchan113:50, Chai Ha’Levi 5:54:1. Some say if the cooking was done in a Jewish home or Jewish establishment no hagalah is required since there are two sefikos. One doubt is if such utensils require hagalah and the other doubt is if there is bishul akum in a Jew’s home (Halichos Olom 7:page 104:footnote). </ref> The reason is that the food itself becomes forbidden, and the blios (absorption) from the food are considered as "machalas asuros."<ref>Toras Habayis 3:7:page 214 (new), Aruch Hashulchan 113:50. See Gr’a 113:40, 42. Refer to Tzitz Eliezer 22:44 in depth on this dispute. </ref> This applies even if the utensils were not used within twenty-four hours (eino ben-yomo) in which case the taste of the food is pogem (ill tasting).<ref>Ben Ish Chai Chukas 2:24, Kaf Hachaim 113:89-90, Chelkes Binyomin 113:138, Bishul Yisroel pages 373-374, opinion of Harav Falk Shlita stated in Bishul Yisroel (teshuvos) page 67. Refer to Chochmas Adom 66:12. See Darchei Teshuva 113:92 who brings a lenient opinion. See Rama O.C. 452:2, Mishnah Berurah 20. The opinion of Harav Falk Shlita stated in Bishul Yisroel (teshuvos) pages 78-79 is that in time of need one can be lenient and do hagalah even within twenty-four hours. Refer to Chochmas Adom 66:12. </ref> Nonetheless, one can do hagalah (after waiting twenty-four hours)<ref>Kaf Hachaim 113:90, Chelkes Binyomin 113:142. </ref> for an earthenware utensil (which we normally do not kasher)<ref>Shulchan Aruch O.C. 451:22. </ref> three times and use it for kosher food.<ref>Bais Yosef 113, Shulchan Aruch 113:16, Toras Chotas ibid, Levush 16, Chochmas Adom 66:11, Mishnah Berurah O.C. 328:63, Aruch Hashulchan 113:50, Kaf Hachaim 95, see Gilyon Maharsha 113, Mishnah Berurah 328:63, Shevet Ha’Levi 9:162:16. Refer to Shevet Ha’Levi 6:108:8, Kashrus 2:pages 237-238. </ref> This is common if a non-Jew used a crock-pot to cook food.<ref>Kitzur Hilchos Bishul Akum (Berger) page 46:70. </ref>
# An interesting question arises regarding kashering the utensils of a convert which were only used for kosher food. It would seem from the language of the Shulchan Aruch<ref>Y.D. 113:16. </ref> (when he discusses the obligation to kasher from bishul akum) that he does not require kashering.<ref>Opinion of Harav Herschel Schachter Shlita and Rabbi Ari Senter Shlita. Harav Yisroel Belsky Shlita added that the non-Jew before he converted did nothing wrong when cooking for himself so his utensils are not bishul akum (if they were used for kosher food). </ref> However, when the question arises one should discuss it with a competent Rav.

==Rov or Shishim ==
# Most poskim are of the opinion that bishul akum is botel b'rov (majority)<ref>Toras Chatos 75:9, Shach 112:23, 113:21, Be’er Heitiv 18, Shiurei Beracha 113:10, Chochmas Adom 66:11, Aruch Hashulchan 53, Darchei Teshuva 90, Kaf Hachaim 91, see Mishnah Berurah ibid. Refer to Darchei Teshuva 113:91 if one is permitted to be mevatel bishul akum with his hands. Refer to Yeshoshua Yaakov Y.D. 113:3 in depth why one is permitted to mix a bishul akum food with a non-bishul akum food.</ref> while some maintain you need shishim (60 times).<ref>Refer to Hagalas Keilim 10:footnote 11, Chelkes Binyomin 113:136. </ref>
==Mixing Edible with Non-Edible Raw Food==
# If food which is edible raw is mixed<ref>There is no concern of being mevatel an issur here (Darchei Teshuva 113:18). </ref> with food that is not edible raw, the mixture is not subject to the halachos of bishul akum if most of the ingredients are food which can be eaten raw.<ref>Ritvah Meseches Avodah Zarah 38a, Shulchan Aruch 113:2, Toras Chatos 75:12, Levush 15, Chochmas Adom 66:6, Aruch Hashulchan 14. See Mishnah Berurah 203:11. Some say this is only permitted if the food which is not edible raw is not recognizable in the mixture (Darchei Teshuva 113:22, see Kaf Hachaim 17). Refer to Meseches Beitzah 16a-16b, Avodah Zarah 38a, Rashi Meseches Beitzah 16a “asirei,” Avodah Zarah 38a “ku mashma lon”, Ran page 15. Refer to Bishul Yisroel pages 330-333.</ref> Some permit even if it is half and half<ref>Aruch Hashulchan 14, Darchei Teshuva 19. Some say if the five grains are mixed in they are the main ingredient in this regard as well as in hilchos berochos (Darchei Teshuva 113:20, Chelkes Binyomin 113:21, see Hamesivta 5754:pages 88-89 where he asks on the Aruch Hashulchan). </ref> (this will be discussed in a later issue). Some say that the five grains are considered the main ingredient as is the case in hilchos berachos.
==Tafel ==
# Sometimes, a food may be eaten raw but is a tafel to the main food which has a concern of bishul akum (not eaten raw). The question is if the food eaten as a tafel is subject to the halachos of bishul akum. The rules here follow the same rules as berachos. A food which is mixed to the same degree where it is considered mixed in regard to the halachos of berachos would not be permitted because of bishul akum. For example, if peas (edible raw) are mixed with other food then there would be a bishul akum concern for the peas as well.<ref>Refer to OU document A-131. </ref>
==Credits==
# Special thanks to Rabbi Moishe Dovid Lebovits Rabbinical Administrator for KOF-K Kosher Supervision and author of Halachically Speaking for this article. To reach the author please email mlebovits@kof-k.org.

==References==
<references/>

Rice and Rice Products

2012-12-28T17:45:47Z

Jkoolyk:

What is the Bracha on Rice?
==Background==
* Gemara Brachot 37a records the opinion of Rav and Shmuel who held that Orez wasn't one of the grains and shouldn't be Mezonot. However, the gemara brings a Briatta and rejects the opinion of Rav and Shmuel. The opinion of the Rabbis as recorded in the Briatta on 37a is that Orez is Mezonot with a Bracha Achrona of Al HaMichya. Then, the gemara challenges this Briatta with another one which says that the there is no Bracha Achrona. On 37b the gemara concludes that the opinion of the Rabbis is Mezonot with Bracha Achrona of Boreh Nefashot.
* Rashi (37a D”H VeLo Klum) explains that the Gemara means that there’s no Bracha Mein Shalosh which is for Shivat HaMinim but rather there still is Boreh Nefashot. This is agreed upon by many Rishonim including the Rif (Brachot 26a), Rosh (Brachot 6:8) and Rambam (Brachot 3:10). The Tur and S”A 208:7 codify this as halacha that the Bracha on Orez is Mezonot and the Bracha Achrona is Boreh Nefashot.
* [Why is rice Boreh Nefashot? The Rosh (Brachot 6:8) explains that the reason rice is Mezonot is because it provides sustenance like a grain but is Boreh Nefashot because it’s not one of the Shivat HaMinim. Interestingly, the Mishna Brurah 208:29 writes that rice is Boreh Nefashot because only the five grains receive Al HaMichya because of their significance. ]
* What is orez? Rashi (Brachot 37a D”H orez) defines orez as millet and Tosfot D"H Orez defines Orez as rice. Bet Yosef 208:7 rules like Tosfot's definition of Orez. The Mishna Brurah 208:25 writes that because of the dispute some say (Taz) that one should only eat it in a meal or make Shehakol. However, he concludes that many achronim (Lechem Chamudot, Birkei Yosef, Mateh Yehuda, Maaseh Rav of the Gra) agree with Tosfot. Moreover, in Shaar HaTzion 208:31 he adds that there’s several other reasons why there’s what to rely on to make mezonot on rice. So rules Laws of Brachos (Rabbi Forst, pg 359-384) and the Halachos of Brachos (Rabbi Bodner, addendum 4, pg 517).
==When is rice Mezonot?==
# Raw or roasted rice is HaAdama. <Ref>Gemara Brachot 37a writes that raw rice is HaAdama. This is brought as halacha by the Rif (Brachot 25a) and Rosh (Brachot 6:8). The Tur and S”A 208:7 codify this as halacha. Vezot HaBracha (pg 106, chapter 12) adds that the same is true of roasted rice. </ref>
# Rice which is crushed and cooked is mezonot. However, rice which is whole is subject to some dispute but nonetheless, the major poskim all rule that the Bracha is Mezonot. <Ref>
* When is rice Mezonot? Gemara Brachot 37a writes that raw rice is HaAdama however, if it’s crushed into flour, baked into bread, and then cooked, whether or not the pieces of the bread dissolve in the water the Bracha is Mezonot (according to the explanation of Rashi). The Rosh (Brachot 6:8) rules that for both a cooked dish and bread (baked dish) made from rice the Bracha is Mezonot and Boreh Nefashot. The Rambam (Brachot 3:10), Tur and S”A 208:7 agree. [The Bet Yosef 208:7 explains that the proof of the Rosh is from the fact that when the pieces of bread are intact then it’s the equivalent of rice bread which wasn’t cooked and when the pieces of bread are dissolved, then it’s the equivalent (more precisely, it’s no worse than) of cooked dish made from rice.]
* When is rice considered cooked? The Rosh (Brachot 6:8) implies that only crushed rice is mezonot, however, if it was cooked whole then it would be HaAdama. (This is the understanding of the Bet Yosef 208:7.) Even though the Rabbenu Yonah (Brachot 26a D”H VeHaPat) states that rice is unique that even if it’s cooked whole the Bracha is Mezonot (because it’s normally eaten that way), nonetheless, the Bet Yosef 208:7 explains that the Rabbenu Yonah only meant that rice is mezonot if it’s crushed even when it’s not pulverized (see there). Therefore, the Rama 208:7 rules that rice isn’t mezonot unless it’s crushed and cooked.
* The Biur Halacha 208:7 D”H Ad Shenitmaech writes that many achronim argue whether or not rice cooked whole is mezonot and concludes that he would side with the Bet Yosef and Rama and wouldn’t make mezonot on rice cooked whole, however, one would makes mezonot has what to rely on. The Halachos of Brachos (Rabbi Bodner, addendum 4, pg 518) quotes Rav Shlomo Zalman who says that if whole cooked rice sticks together it’s Mezonot and if it doesn’t stick together some have the minhag to make HaAdama and some Mezonot. Furthermore Mishna Brurah 208:26 rules like the Pri Megadim who says that if the outer shell of the rice is removed before cooking (as is common) the Bracha is mezonot. Therefore, the Halachos of Brachos (Rabbi Bodner, addendum 4, pg 518) and Vezot HaBracha (chap 12, pg 106 and Birur Halacha 18:3, pg 254) rule that cooked rice is mezonot even if the rice is whole kernels. </ref>
# Products made from milled rice or rice flour is also mezonot and Boreh Nefashot. <Ref>S”A 208:7, Halachos of Brachos (Rabbi Bodner, addendum 4, pg 518), see [[#cite_note-1|previous footnote]] </ref>
# After the fact if one made HaAdama one has fulfilled one’s obligation. <ref>Halachos of Brachos (Rabbi Bodner, addendum 4, pg 519) </ref>
==Brown rice==
# The Bracha of brown rice is the same as white rice and when it’s cooked it’s mezonot. <Ref> The Halachos of Brachos (Rabbi Bodner, addendum 4, pg 518) writes that brown rice is processed in the same way as white rice (except that white rice is rubbed more) and he quotes Rav Elyashiv who agreed that they are both Mezonot. Similarly, Vezot HaBracha (chap 12, pg 106 and Birur Halacha 18:4) writes that what we commonly view today as whole grain brown rice is actually what the Mishna Brurah called regular (white) rice and so it would certainly be mezonot. He also quotes Rav Moshe Shternbach who agreed that the Bracha is Mezonot. </ref>
==Rice Crispies==
# Rice Crispies are mezonot and Boreh Nefashot. <Ref>Vezot HaBracha (chap 12, pg 106 and Birur Halacha 18:5(1)) rules that Rice Crispies which are first cooked and then puffed up by heating are mezonot because they are considered cooked rice; he quotes Rav Sheinburg who agrees. Halachos of Brochos (Rabbi Bodner, addendum 5, pg 526) agrees. See also Sh”t Igrot Moshe E”H 114. </ref>
==Rice cakes==
# Rice cakes are made by steaming rice kernels until they pop. However, this is not considered cooking and therefore Rice cakes according to many are Ha’adoma. <Ref>Vezot HaBracha (pg 106, chapter 12) in name of Rav Shlomo Zalman and Rav Pinchas Sheinburg, Or Letzion 14:21 rules similarly. </ref> However, because the kernels of rice stick together, some consider Rice cakes to be Mezonot. <Ref>Vezot HaBracha (pg 106, chapter 12) and Veten Bracha (Halachos of Brochos by Rabbi Bodner pg 520, Addendum 4) in name of Rav Elayshiv write that since the rice kernels stick together the Bracha is Mezonot. However, Brachat HaNehenin (pg 191) writes that Rav Elyashiv didn’t finalize this ruling. </ref> In conclusion, one should make HaAdama which will satisfy both opinions. <Ref>Vezot HaBracha (pg 106, chapter 12) in name of Rav Moshe Shternbach and Veten Bracha (Halachos of Brochos by Rabbi Bodner pg 520, Addendum 4) write that in conclusion one should make a HaAdama. So explains Rabbi Leff at http://www.rabbileff.net/shiurim/answers/1250-1499/1338.mp3. </ref>
==Rice Brittle==
# Rice brittle (which is common in Israel) according to many poskim is HaAdama. <Ref>Rice brittle is made from rice which was puffed up by heat and not cooked properly, Therefore, Vezot HaBracha (Birur Halacha 18:5(2), pg 256) quoting Rav Shlomo Zalman, Rav Sheinburg, and Rav Shternbach writes that rice brittle is considered raw rice which is HaAdama. Rav Ovadyah Yosef in Chazon Ovadyah (Brachot pg 184) concurs. </ref>

==References==
<references/>

Tevilat Keilim

2012-12-23T03:13:36Z

Jkoolyk:

The Torah commands us to immerse metal <Ref> Gold, silver, copper, iron, tin, and lead are all types of metal. </ref> utensils that are purchased or otherwise acquired from a non-Jew in a mikva prior to their first use. <ref> Bamidbar 31:23;Rashi, Avoda Zara 75b </ref> This mitzva is referred to as "tevilat keilim", the immersion of utensils. It is suggested that tevilat keilim, which appears in the Torah following the battle with the Midianites, was a mitzva intended to remove impurity from the utensils which had been in the presence of the dead. <ref> Rashi;Bamidbar 31:23 </ref>

The mitzva of tevilat keilim is often compared to the conversion of a Gentile to Judaism - just as a conversion to Judaism requires immersion in a mikva, so too a utensil which "converts" from Gentile to Jewish ownership requires immersion, as well. <Ref> Rashba;Yevamot 47b,Yerushalmi Avoda Zara 5:16 </ref> One is not required to immerse utensils which one borrows from a non-Jew. <Ref>S”A Y.D. 120:8, Kitzur Shulchan Aruch 37:5 </ref>As we will see, the mitzva of tevilat keilim generally applies only to metal and glass utensils.

==Basics==
# Utensils used for a meal that are bought from a non-Jew require Tevilah (immersion in a kosher mivkeh). <Ref>S”A YD 120 </ref>
# One who is unsure whether or not one's utensils were purchased from a Jewish owned company should immerse them without reciting the accompanying blessing. <Ref> Igrot Moshe Y.D. 3:21 </ref>
# It is actually a matter of dispute amongst the authorities whether the mitzva of tevilat keilim has the status of a Torah commandment or a rabbinical one. <Ref> Yabia Omer Y.D. 2:9 </ref>Nevertheless, most halachic authorities treat tevilat keilim as a Biblical mitzva for all intents and purposes. <Ref> Aruch Hashulchan Y.D. 120:4, Sh”t Yechava Daat 4:64 </ref>
==Which vessels require Tevilah?==
# While the immersion of metal utensils is required by Torah law, glass utensils must be immersed only by rabbinic enactment. Glass was incorporated into the mitzva of tevilat keilim because glass and metal share a common characteristic - they are both materials which can be melted and reconstructed when needed. <ref> Aruch Hashulchan Y.D. 120:25 </ref>
# Metal, glass, crystal, pyrex, and duralux require Tevilah. However, plastic, nylon, earthenware, and vessels covered in earthenware do not require Tevilah. <Ref>Sh”t Yabea Omer 4:8, Hilchot Tevilat Kelim (Rabbi Moshe Fariz, 2:2-3) </ref>
# Some say that porcelain requires Tevilah, <ref> Hilchot Tevilat Kelim (Rabbi Moshe Fariz, 2:6) explains that even though some poskim held that it wasn’t obligated that was only because they were discussing porcelain which was ceramic not covered with glass, however, nowadays the common porcelain is covered with glass and must require Tevilah. Sh”t Yabea Omer 4:8 writes that porcelain doesn’t require tevilah. </ref>
# Plastic or wood cutting boards do not need Tevilah, but those who are strict and do Tevilah for it will be blessed. <Ref> Hilchot Tevilat Kelim (Rabbi Moshe Fariz, 2:2-4) </ref>
# One need not immerse earthenware dishes, even if they contain some sort of glass coating or finish. <Ref> Igrot Moshe Y.D. 2:46 </ref>Those who nevertheless choose to immerse glazed earthenware dishes or fine china must do so without reciting the blessing, as the immersion is not truly required.
# Similarly, jars, bottles, or metal containers which are used only to store food and not used for food preparation or consumption should be immersed without a blessing. Utensils which are only used indirectly with food, such as bottle openers, and the like, do not require immersion. <Ref> Shach Y.D. 120:11, Kitzur Shulchan Aruch 37:8-9, Shevet Halevi 6:245:4 </ref>
# Common custom is not to require the immersion of plastic utensils <ref> Melamed Lehoil 2:48 </ref>even though some authorities argue that the similarities between glass and plastic would require it. <ref> Tzitz Eliezer 7:37, 8:26, Chelkat Yaakov 2:163, Yabia Omer Y.D. 4:8 </ref>
# Utensils which one is certain that they contain no glass or metal components need not be immersed. <Ref> Kitzur Shulchan Aruch 37:3 </ref>
# Due to the doubt whether or not Corelle dishes are halachically similar to glass dishes, they too should be immersed, though the accompanying blessing is not recited. <ref>[http://www.star-k.org/tevilas%20list.pdf Star K] and [http://www.oukosher.org/index.php/passover/article/tevilat_keilim/ OU] write that corelle dishes require tevilah with a bracha. [http://www.kashrut.com/articles/tevilas_keilim/ Rabbi Binyamin Forst] and [http://www.torah.org/advanced/weekly-halacha/5762/vayera.html Rabbi Doniel Neustadt] agree. [http://www.torahlab.org/doitright/dipping_your_dishes/ Rabbi Tzvi Haber of Los Angeles]writes that the obligation to immerse corelle is questionable and so one should dip it without a bracha. </ref>
== Disposable utensils==
# The mitzva of tevilat keilim only requires one to immerse those utensils which are intended to be used in food preparation or consumption. Although disposable utensils, such as aluminum pans, need not be immersed, <ref> Rambam Keilim 7:5, Igrot Moshe Y.D. 3:23 </ref>one who intends to re-use them a number of times should do so. <ref> Minchat Yitzchak 5:32 </ref>
==Electric appliances==
# Modern-day electrical appliances present the mitzva of tevilat keilim with its biggest challenge. This is, of course, because water can damage electrical appliances or even cause harm to those who use the item following the immersion. There are differing approaches among the halachic authorities as to how one should to proceed with such items. Some authorities are of the opinion that anything which must be plugged into the wall in order to be used is halachically considered as if it were attached to the ground and anything which is attached to the ground is exempt from tevilat keilim. <Ref> Chelkat Yaakov 1:126 </ref> Most authorities, however, reject this comparison and require even electrical items to be immersed just like all others. While some of these authorities require the entire item to be immersed along with all its electrical components, others say that only the actual components which come in direct contact with food need be immersed. <Ref> Igrot Moshe Y.D. 1:57-58, Chelkat Yaakov 3:43 </ref>
===Toaster===
# According to many authorities a toaster requires Tevilah with a bracha. <ref>Mishneh Halachot 9:162, Bear Moshe 4:100, Teshuvot VeHanhagot 1:450, Sefer Tevilat Kelim 11:52 quoting Rav Shlomo Zalman and Rav Wosner, Bayit HaYehudi 39:6, [https://docs.google.com/viewer?url=http%3A%2F%2Fwww.kof-k.org%2Farticles%2F040108090413W-3%2520Tevilas%2520Keilim.pdf Kof-K] quoting Rav Yacov Kamenetsky that such is the minhag </ref>However, some argue that it doesn't require Tevilah. <ref> Sh"t Igrot Moshe YD 3:24 </ref> Sephardim hold that that it requires but should be done without a bracha. <ref>http://halachayomit.co.il/QuestionDetails.aspx?ID=160 which is based on the opinions of Rav Ovadyah Yosef</ref>
# If the toaster will brake by being dipped in the mikvah one should either bring it to an Jewish expert mechanic who will take it apart (to the point that no everyone would know how to fix it) and put it back together or to give it to a non-Jew and then borrow it from him. <ref>http://halachayomit.co.il/QuestionDetails.aspx?ID=160, http://www.moreshet.co.il/web/shut/shut2.asp?id=118646</ref>
===Sandwich maker===
# A sandwich-maker needs to be Toveled. <ref> Rabbi B. Forst http://www.kashrut.com/articles/tevilas_keilim/ </ref>
# A blender needs Tevilah with a bracha. <ref>Bayit HaYehudi 39:6, Tevilat Kelim 11:14, Mishneh Halachot 2:32 </ref>
===Microwave===
# Some say that a microwave (glass) tray which does not touch food doesn't require Tevilah, and if it does touch food then it requires Tevilah.<ref>[https://docs.google.com/viewer?url=http%3A%2F%2Fwww.kof-k.org%2Farticles%2F040108090413W-3%2520Tevilas%2520Keilim.pdf Kof-K] </ref> However, some say that one should dip it without a bracha in all cases. <Ref>[http://www.star-k.org/cons-appr-tvilaskelim.htm Star-K] </ref>
==Procedure of Tevilah==
# One should hold the vessel loosely. <Ref>Halichot Olam (vol 7, pg 253), Yalkut Yosef (Kitzur S”A YD 120:5) </ref>
# One must immerse the entire vessel at one time and not half at a time. <Ref>Halichot Olam (vol 7, pg 253), Yalkut Yosef (Kitzur S”A YD 120:5) </ref>
# One must make sure to remove all stickers, labels, and rust. <Ref>Yalkut Yosef YD 120:6, Kitzur Shulchan Aruch 37:10 </ref>
# The utensil is immersed once, ensuring that it is completely covered by the water of the mikva. <ref> Kitzur Shulchan Aruch 37:10 </ref>
# One should remove a knife from the case before immersion. <Ref>Yalkut Yosef YD 120:6 </ref>
# A child under Bar Mitzvah can only do Tevilah in the presence of an adult and he can even make the Bracha. <Ref>Yalkut Yosef YD 120:25, Sh”t Yabea Omer 2:9(8) </ref> It is best not to allow a minor to perform the immersion. <ref> Y.D. 120:14, Kitzur Shulchan Aruch 37:12 </ref>
# Tevilat keilim is not to be performed on [[Shabbat]] or [[Yom Tov]]. <ref> Kitzur Shulchan Aruch 37:13 </ref>
# A non-kosher utensil should first be kashered prior to immersing it. <ref> Y.D. 121:2, Kitzur Shulchan Aruch 37:4 </ref>
# It is unclear whether or not one who converts to Judaism is required to immerse the utensils he already owns. <ref>Sh"t Shevet HaLevi 4:92, 6:245(2) holds that a convert is required to immerse his vessels. Sh”t Yabea Omer YD 8:7 writes that seemingly the convert wouldn’t be obligated to immerse the utensils and quotes the Sefer Devarim Achadim (Rav Eliyahu Kalskin Siman 196), Shem MeShmuel (Parshat Matot), Sh”t Nezer HaKodesh 17 who agree. Yabea Omer concludes that one should immerse metal vessels without a Bracha and one wouldn’t need to immerse glass vessels. See Tzitz Eliezer 8:19-20, 22:49.</ref>
==Bracha==
# For one vessel the Bracha is Al Tevilat Kli and for multiple vessels the Bracha is Al Tevilat Kelim. After the fact, if one switched Kli for Kelim or the opposite one has fulfilled one’s obligation. <Ref>Yalkut Yosef YD 120:7 </ref>
==If one didn't immerse a utensil==
# A utensil may not be used, even once, before it is immersed in a mikva. <Ref> Rema Y.D. 120:8 </ref>
# One, who for whatever reason, is unable to immerse a utensil which is urgently needed should give the item to a Gentile as a gift and then borrow it back from him. <Ref> Y.D. 120:16;Rema </ref>
# If foods were placed upon or served with utensils which were not immersed in a mikva, it does not render the food non-kosher, <ref> Rema Y.D. 120:6, Biur Halacha 323 </ref>though one should not eat off such utensils. <Ref> Igrot Moshe 3:22 </ref>
# Kosher food which was cooked in utensils which were not immersed in a mikva but is then served on dishes that were (or disposable dishes) may be eaten without hesitation. <Ref> Rama Y.D. 120:16, Igrot Moshe Y.D. 2:41 </ref>
==Links==
# http://www.oukosher.org/index.php/passover/article/tevilat_keilim/
==References==
<references/>

What Torah Should One Learn Daily?

2012-08-24T22:02:19Z

Jkoolyk:

==Importance==
# Chazal tell us that "regardless, if one brings a large Korban or a small one as long as one's intentions are for heaven (one's korban is accepted)." <ref> Menachot 110a </ref> The same idea applies to Torah study. <ref> Mishna Brurah 1:12 writes that this principle also applies to Torah learning. Halacha Brurah 1:11 concurs and writes that such is evident from Brachot 5b. </ref>
# If one likes to learn and understands it, one can refrain from extending Tefillah and only say the portions that are obligatory. <ref> Eliyah Rabba 1:1, Lechem Chamudot (Brachot HaRoeh 84), Birkei Yosef 1:9, Mishna Brurah 1:12, Halacha Brurah 1:11, Kaf HaChaim 1:31. </ref>

==Tanach, Mishna, and Talmud==
# One should apportion one's time to study torah everyday into three, one portion for Tanach and some say it's commentaries, one portion for Mishna and Gemara, and one portion to analyze the primary ways the Torah is learnt so that one will know that which is forbidden and that which is permitted. After one grows in Torah one should review Tanach, Mishna, and Gemara, but focus on analyzing Torah. Some say that by learning Talmud Bavli one fulfills learning each area of Torah because the Bavli includes everything, nonetheless, certainly one must still know Tanach and Mishna. Some say that one should devote more time to Mishna than to Tanach and more time to Gemara than to Mishna each one according to its difficulty. <ref> See next footnote</ref>
# Many authorities emphasize that it's absolutely crucial to learn Halacha so that one knows what one must do as well as mussar which subjugates the Yetzer Hara. Some say that these are included in the above three categories. <ref>
* In Gemara Kiddushin 30a, Rav Safra interprets the word “ושננתם” as ושלשתם which means that one should split one’s time in three in study Torah, one third to study Mikrah, one third to study Mishna, and one third to study Talmud. The Gemara says that since one doesn’t know how long one will live, one should split up one’s days in three ways. Rashi D”H LeYomi explains that one should split up the days of the week into these three parts. However, Tosfot D”H Lo argues that it means that one should split up every single day into these three sections. Rambam (Talmud Torah 1:12) and S”A 246:4 agree with Tosfot.
* Tosfot also quotes the Rabbenu Tam who says that we rely on only learning Talmud Bavli which itself is a combination of Mikrah, Mishna, and Gemara.
* Rambam (Talmud Torah 1:11) writes that Mikrah means Torah SheBaal Peh, Mishna means Torah SheBichtav, and Gemara means comparing, analyzing, thinking, and understanding the primary ways the Torah is learnt so that one will know that which is forbidden and that which is permitted. Rambam (Talmud Torah 1:12) continues to say that this only applies in the beginning of one’s learning, however, after one has acquired wisdom one should review Torah SheBaal Peh at certain times but primarily one will spend one’s time on Gemara as he defined above. Kesef Mishna (Talmud Torah 1:12) writes that the Rambam's reason is obvious because study of Talmud is the most time consuming and this is the basis for the minhag not to apportion one's time in three parts.
* S”A 246:4 rules like the Rambam and the Rama rules like the Rabbenu Tam. Aruch HaShulchan YD 246:14 writes that the halacha and minhag follow the Rabbenu Tam, however, certainly one must still know Mikrah and Mishna.
* The Ran (Avoda Zara 5b D”H Ki) writes that certainly Talmud requires more time than Mishna and Mishna more than Mikrah rather the Gemara just means that one should apportion each area of Torah it’s proper time. Biur HaGra YD 246:15 quotes this Ran. S”A HaRav (Talmud Torah 2:2) writes that it’s good to abide by this opinion.
* S”A YD 246:4 writes that Mikrah means the 24 books of Torah. Aruch HaShulchan 246:13 explains that Mikrah includes the 24 books of Tanach and also their explanations. However, the S”A HaRav (Talmud Torah 2:1) writes that the explanations of Tanach is considered Mishna which is all an explanation of the 613 מצות.
* The Shach 246:5 quotes the דרישה who writes that some people only learn Gemara, Rashi, and Tosfot and they don’t fulfill the statement of the Gemara Niddah 73a which says that a person should learn Halachot every day meaning Halacha Pesukot (Halachic rulings of the poskim). He adds that the Rabbenu Tam’s idea that Gemara Bavli includes everything only refers to those who can learn 9 hours a day but those who learn 3 or 4 hours shouldn’t just learn Gemara. Mishna Brurah (Introduction to Mishna Brurah, vol 1) quotes this and expands on it.
* On the other hand, Birkei Yosef YD 246:4 laments the fact that many people only read the abridged halachot as they dispair from the difficult study of talmud because they are decreasing torah (against the principle of "VeYagdil Torah VeYadir") and causing the reasonings of halachot to be forgotten.
* Kitzur S”A 27:3 writes that someone who can’t learn as his main focus but can at least set aside times to learn, at those times he should learn Halacha which every Jew needs to know and Mussar which subjugate the Yetzer Hara. S"A HaRav (Talkut Torah 246:2) seems to say that Mussar is included in the category of Talmud.
* S”A HaRav (Hilchot Talmud Torah 2:1) explains that Mishna includes the Halacha Pesuka of the Mishnayot and Britot which explain the details of the 613 מצות and nowadays Mishna includes the Halacha Pesuka of the Shulchan Aruch and Rama. S”A HaRav adds that Talmud means understanding the reasons of the halachot in the משניות and Britot and nowadays that means the Rosh and Bet Yosef who explain the reasons of the halachot. </ref> See further in the next section regarding Halacha and Mussar.
# <span id="chokleyisrael"></span> Some have the righteous practice of learning Chok LeYisrael which is a daily learning regiment set up by the Arizal that includes pesukim from Torah, Nevuim, Ketuvim, Mishnayot, Gemara, Zohar, Halacha, and Mussar. <Ref> The source for such a schedule is the Arizal (Shaar Mitzvot VaEtchanan). Kitzur Shulchan Aruch 27:3 writes that it's praiseworthy to learn the Chok LeYisrael daily. Further on the topic, see the Machzik Bracha 156:6, Sh”t Shalmat Chaim Zonenfeld Y”D 89, Kaf HaChaim 132:6, 155:3, and Sh”t Yabea Omer (Y”D 4:31(5), O”C 9:108(79)). </ref>

==Halacha and Mussar==
# It's very important to learn Mussar daily because the greater one is, the greater one's Yetzer hara is. <ref> Sukkah 52a </ref> Torah was created as an antidote to the Yetzer Hara. <ref>Kedushin 30b </ref> Even if learning Mussar takes away from learning other portions of Torah like Gemara, it's important to study Mussar. <ref> Birkei Yosef 1:9 and Chaye Adam (Yom Kippur Klal 432) write that one should study Mussar daily even at the expense of torah study time. Mishna Brurah 1:12 (and Shaar Tzion 1:26), Halacha Brurah (1:11 and 55:4), and Halichot Olam (8 pg 336) quote this as halacha. </ref>
# Someone who only has 2 or 3 hours to learn daily should learn Halacha from Shulchan Aruch and commentaries or from contemporary Poskim so that one will be knowledgeable in practical laws and not come to do a sin without knowing. This is more preferable than learning Daf Yomi, or Gemara and Rishonim from which one can’t derive practical halacha. <Ref> Derisha Y”D 246:6, Shach Y”D 246:5 write that someone who only has a little time should learn from the poskim as it says in Nidda 73a someone who learns Halachot every day is a Ben Olam Haba. Shulchan Aruch HaRav (Tamud Torah 2:9), Yarot Devash, Derech HaChaim, Sh”t Teshuva MeAhava (Introduction to 2nd volume), Sh”t Yachave Daat 6:52, Kaf HaChaim Palagi 29:9, Mishna Brurah 155:3, and Halacha Brurah 155:4 concur. </ref>

==Learning Kabbalah==
# It’s forbidden for someone to learn Kabbalah unless has learned seriously all of Gemara and Poskim, and is a Talmud Chacham ingrained with Yirat Shamayim. One should protest if someone is teaching Kabbalah to the public especially if the teacher himself isn’t fitting to learn it. <Ref>Zohar (Pekudei 247b) describes the importance of learning the secrets of Torah and it’s reward. However the poskim write that one needs to have first learned Gemara and Poskim including Etz Chaim (pg 1d), Rama Y”D 246:4, Maharsha (Chagiga 13a), Shelah (Eser Maamarot 29b) and Sh”t Yachave Daat 4:47. Interestingly, S”A HaRav (Talmud Torah 2:1) writes that Kabbalah is included in the section of Talmud (one of the three sections a person should learn daily, see above).</ref>

==Learning at day and night==
#It’s important to learn at night and not waste it all with sleep, eating, and talking because one accomplishes most of his learning at night <ref> Rambam (Talmud Torah 3:13). S"A 238:1 rules this with the language one must be very careful to learn torah at night, more careful than the day! </ref>, that learning is not easily forgotten and is considered like the Avoda of the Korbanot. The joy of Torah is specifically felt for learning at night and Hashem grants a special Chesed for one who learns at night. <ref>Avoda Zara 3b </ref>.
#There's a special practice to "join the day and night" with learning or davening by learning during sunset and sunrise. <ref> Yalkut Yosef (Kitzur S"A 1:6), Bear Hetiev 238:1, and Mishna Brurah 1:2 in of the Shlah HaKadosh </ref>
# If one has a certain daily schedule of learning and hasn't completed it yet, one should finish it at night. However, preferably one should make a stipulation not to accept the daily schedule as a neder, but rather bli neder incase one misses a day. <ref> S"A 238:2, Mishna Brurah 238:5 </ref>
==Learning Tanach at night==
# According to the Kabbalah, it's preferable not to learn Tanach at night. <Ref> Birkei Yosef 1:13, 238:2 in name of the Arizal, Ben Ish Chai Pekudei #7, Kaf HaChaim 237:9. </ref> However, some argue that one may be lenient. <ref> Shaar HaTzion 238:1 in name of the Pri Megadim. </ref> However, since it's not forbidden but only preferable, if not learning Tanach will cause [[Bitul Torah]] (Chas VeShalom) one may learn Tanach. <ref> Piskei Teshuvot 238:1 </ref>
# It is permissible to read Tehilim at night if read as a prayer for the sick or for another cause. <ref> Sh"t Tzitiz Eliezer 8:2 </ref>
# It is permissible to read Tanach on Friday night or the night of [[Yom Tov]]. <ref> Piskei Teshuvot 238:1, Sh"t Yabea Omer 6:30, Sh"t Maharashdam 1:158 </ref>
# It is permissible to learn Tanach along with Rashi at night. <ref> Sh"t Veyeche Yacov O"C 9, Piskei Teshuvot 238:1 </ref>
==References==
<references/>

Shalom Zachar

2012-08-24T06:02:55Z

Jkoolyk:

There is a much-loved Ashkenazi custom to hold a "shalom zachar" in honor of the birth of a baby boy.<ref> Terumat Hadeshen 1:269.</ref> A shalom zachar is an informal gathering which takes place on the Friday night following the birth, usually at home though it may be held in the synagogue or other location. It is customary to serve a variety of refreshments and spirits at this gathering.<ref> Rema, YD 265:12. The shalom zachar custom is actually quite old and even makes an appearance in the Talmud where it is called the "bei shavua haben" or "bei yeshua haben". See the Gemara Bava Kamma 80a.</ref>
==Reasons for Shalom Zachar==
# The shalom zachar is closely related to the teaching that while a baby is developing in its mother's womb it is taught the entire Torah directly from an angel.<ref> Nidda 30b.</ref> Once the baby is born, however, the angel strikes the baby on its mouth which causes the baby to forget everything it had learned. From that moment onwards it becomes a person's lifetime duty to toil in Torah study in order to reclaim this lost knowledge.<ref> Derisha, YD 264.</ref>
# Furthermore, once the baby has forgotten all the Torah it had learned, the evil inclination "gets to work" making efforts to thwart the child from studying Torah or performing mitzvot. So too, it is taught that one of the reasons that a brit takes place eight days after birth is in order to allow the baby to observe shiva, the traditional seven days of mourning, over all the Torah knowledge that he lost.<ref>Derisha, YD 264.</ref> Based on all this, the shalom zachar has somewhat of a mourning aspect to it.<ref> Taz, YD 264:13. See also Brit Avraham cited in Sefer Taamei Haminhagim.</ref>
# In fact, it is taught that the name "shalom zachar" derives from the word "zachar", to remember, meaning that the shalom zachar serves to remind us of the Torah which was forgotten and now must be re-learned from the beginning.<ref> Migdal Oz, in the Introduction, paragraph 16</ref>
## As a result of the mourning aspect to the shalom zachar it is customary to serve chick peas at the shalom zachar. Chick peas are associated with mourning as round foods symbolizes the circle of life. <ref> Otzar Habrit p. 89; Zocher Habrit 3:6.</ref> Another reason chick peas are served at a shalom zachar is because the Yiddish word for chick peas is "arbis" which recalls God<nowiki>’</nowiki>s promise to Avraham, "I shall multiply (arbe) your seed like the stars of the Heavens."<ref> Bereishit 22:17.</ref>
==Another explanation==
# It is also explained that the shalom zachar is intended to be an event which welcomes the baby to the first Shabbat of his life. Based on the teaching that all blessings for the coming week have their source in the preceding Shabbat, the shalom zachar is also an opportunity to immerse oneself in the blessings and spiritual benefits which are said to be flowing upon the baby and the family in honor of the brit.<ref>Sh"t Teshuvot V'hanhagot 2:202.</ref> Other sources explain that the shalom zachar is an event whose purpose is to give thanks that the baby survived the birthing process.<ref> Rabbeinu Channanel, Tosfot, Bava Kamma 80a.</ref>
# Additionally, the Midrash compares the brit mila to the offering of a sacrifice. Just as an animal may not be offered as a sacrifice until it has been with its mother for at least a week, so too, a child may not have his brit until he has been under the careful watch of his mother for a week. This is comparable to the idea of a king who refuses to receive visitors until they have first been introduced to the queen. It is taught that the first Shabbat of the baby<nowiki>’</nowiki>s life is his introduction to the [[Shabbat]] queen while the brit which will take place in the coming days is his audience with the King, God Himself.<ref>Taz, YD 264:13; Midrash Rabba, Emor.</ref>
==Making peace==
# In some communities the shalom zachar was used as an opportunity for a person to reconcile with his enemies. Indeed the Talmud notes that when a male child enters the world, peace enters the world with him.<ref>Nidda 31b.</ref> In order to do this, people would invite their enemies to the shalom zachar in order to receive their blessings at this auspicious time in their lives. The shalom zachar was then seen as a community-wide celebration both in honor of the child as well as the renewed bonds of friendship between former adversaries.<ref>
| Orchot Chaim, Mila 9. See also: http://www.chaburas.org/shalomz.html.</ref> In fact, another reason why the shalom zachar is held on a Friday night and not on any other day of the week is because Friday night is convenient for most people to attend such an event.<ref>Pri Megadim, M.Z. 444:9; Terumat Hadeshen 269.</ref> According to this approach, the name "shalom zachar" symbolizes that peace, "shalom", comes with the arrival of a baby boy, "zachar".<ref> Noheg K'tzon Yosef, Mila.</ref> A mourner who would ordinarily participate in a particular shalom zachar is permitted to do so as his absence would be a public display of mourning on Shabbat which is forbidden.<ref> Igrot Moshe, YD 3:161.</ref>
# It is ideal for the shalom zachar to be held in the presence of the baby even if he had not yet been discharged from the hospital. This is reminiscent of the halacha that one is not to console mourners outside of the house of mourning.<ref> Teshuvot V'hanhagot 2:202; Otzar Habrit p. 89.</ref> It is also noted that one of the purposes of the shalom zachar is specifically to "visit the infant". Ultimately, however, the shalom zachar may be held even without the presence of the baby. This frequently occurs when a woman gives birth close to Shabbat and must remain in the hospital over Shabbat along with the baby. In such a situation the father of the baby can hold the shalom zachar at home, as usual.<ref> Teshuvot V'hanhagot 2:202; For a discussion on this issue see: Hegyonei Haparasha, Tazria p.208.</ref>
# The shalom zachar gathering is considered to be a seudat mitzva, a meal whose status is a mitzva.<ref> Rema, YD 265:12.</ref> Although in our day only snacks and drinks are generally served at a shalom zachar, in ancient times it was customary to serve an entire meal.<ref> Derisha, OC 305.</ref> There was also a custom to visit the mother on the morning following the shalom zachar to partake of refreshments and wish her mazal tov.<ref> Aruch Hashulchan, YD 265:37. See Tosfot, Moed Katan 28a.</ref> Even in a situation where it is known that the brit will be delayed for quite some time, the shalom zachar should still be held on the Friday night following the birth, though there does exist a custom to postpone the shalom zachar to the Friday night closest to the brit. When a baby is born on Friday night, some families hold the shalom zachar that same night<ref> Pri Megadim, M.Z. 444:9</ref> while others postpone it to the next Friday night, which is the night before the brit will take place.<ref> See Hegyonei Haparasha, Tazria p.208 for more on this.</ref> In the event that a baby boy is born in the week on which [[Yom Kippur]] falls out on Shabbat, the shalom zachar should be held on Thursday night<ref> Rivevot V'yovlot 4:233.</ref> though there are those who hold it on Friday night, as usual, offering guests the opportunity to recite the blessing upon fragrant flowers and spices since food cannot be served.

==For a girl==
# It is not customary to hold a similar gathering upon the birth of a girl. Among the explanations for this is that originally the shalom zachar was an event which was associated with the brit more than anything else. In fact, according to some authorities the shalom zachar is essentially an introduction for the brit mila. Indeed, it seems that in ancient times the shalom zachar was not necessarily held on the Friday night following birth as it is today, but rather, it was held the night before the brit was to take place.<ref> Sefer Chassidut, Shabbat.</ref> It might just be that the shalom zachar was moved to Friday night as it is a time when more people are able and likely to attend.<ref> Terumat Hadeshen 1:269; Minhagei Yeshurun 182.</ref> As such, it is somewhat irrelevant to the birth of a girl.<ref> Dagul M'revava 178.</ref> So too, a woman is not required to learn Torah in the same way that a man is obligated to. As such, there is no mourning for the fact that she has been made to forget her Torah.<ref> Kitzur Otzar Habrit p. 88.</ref>
# According to the explanation, however, that the shalom zachar celebrates the safe arrival of the baby into the world it would follow that a shalom zachar of sorts should be held for a girl, as well. It might just be that the custom of hosting a kiddush shortly after the birth of a girl was intended to serve this purpose. Indeed, many women use the kiddush as an opportunity to publicly recite the hagomel blessing in thanksgiving for a successful childbirth.<ref> For more on the absence of a shalom zachar for a girl see: Dagul M'revava, YD 178; Chiddushei Chatam Sofer, Bava Kamma 80a; Torat Ha'adam s.v. Hahotzah.</ref>

==Sephardic Custom==
# Sefardic Jews generally celebrate what is known as the "Brit Yitzchak", which is similar to a shalom zachar, but observed on the night before the brit. This is based on the kabbalistic teaching that the night before the brit is considered to be "spiritually dangerous" for the baby. As such, a quorum is gathered in the house and a special Torah study session takes place, usually consisting of passages from the Zohar. A popular feature of the Brit Yitzchak is to gather children from the community around the baby and have them recite the shema together along with the "hamalach" passage.<ref> Bereishit 48:16.</ref> Many Chassidic Jews also observe some form of the "Brit Yitzchak" ceremony, though they call it the "vach nacht", meaning "the night of watching."<ref> Dagul M'revava, YD 178.</ref>
==Credits==
We wish to thank Rabbi Ari Enkin for sending us this article from one of the volumes of his book "[http://www.eichlers.com/Product/Books/Halachah_-_Jewish_Law/General_Issues/Amot-Shel-Halacha---Halachic-Insights---The-Dalet-Amot-Halacha-Series:-1-_H028-3.html Amot Shel Halacha]".
==References==
<references/>

Listening to Women Sing

2012-05-10T20:29:55Z

Jkoolyk: /* Kol Isha Overview */

==Kol Isha Overview==
# The Gemara (Brachot 24a) establishes that a woman’s voice is considered Ervah (nakedness) of a woman and it is absolutely forbidden for a man to listen to a woman's voice. <Ref>S"A E”H 75:3 </ref>
# There's a major dispute whether this severe prohibition is biblical or rabbinic, however, everyone agrees that arousing improper thoughts is a biblical prohibition. <Ref>
* Gemara Avoda Zara 20b learns from the Pasuk “VeNishmarta MeKol Dvar Raah” that that a person may not have arousing thoughts. Tosfot D”H Shelo understands this is a biblical prohibition as it’s based on a pasuk. Rabbenu Yonah (Igeret HaTeshuva 19-20, quoted by Bet Yosef E”H 21:1) agrees and adds that even arousing thoughts about a single woman are a Biblical prohibition. Bet Shmuel 21:2 writes that everyone agrees that an arousing thought is a Biblical prohibition (however, see Sh”t Achiezer 3:25(5) who writes that the Rambam holds having arousing thoughts is only a Rabbinic prohibition).
* Sh”t Yabea Omer 1:6(8) writes that since having an arousing thoughts is Deoritta then listening to a woman’s voice which may cause one to have arousing thoughts is a Safek Deoritta which is a general dispute whether Safek Deoritta is a Issur Deoritta or Issur Derabbanan (Rambam Tumat Met 9:12 holds it’s Derabbanan and Rashba Kiddushin 73a holds it’s Deoritta).
* Sh”t Yabea Omer 1:6(9) quotes the Bet Shmuel 24:2 and Maggid Mishna (Issurei Biyah 21:2) who understand that the Rambam holds that looking at a woman’s bueaty is Derabbanan prohibition, however, he argues based on the Rambam Pirush Mishnayot (Sanhedrin 54) and Sefer Mitzvot (Lo Taaseh 353) that this is an Isser Deoritta.
Sefer Eshkol (vol 3, pg 129), Maharikash 217, Nishmat Adam 4:11, Kaf HaChaim 75:27 holds that it’s a rabbinic prohibition, however, Tzel Kesef (vol 2, Maarechet Brachot 40:5) holds it’s a biblical prohibition. Sdei Chemed (Kuf, Klal 42) quotes other achronim who argue about this.
* In conclusion, there’s a major dispute whether this is a biblical or rabbinic prohibition. Sh”t Yabea Omer 1:6(10) writes that it may be considered a rabbinic prohibition when taking into account other considerations. Mishna Brurah 75:17 quotes the Chaye Adam (same author as Nishmat Adam) and seems to agree with those who say it's a rabbinic prohibition.</ref>
# Therefore, one is not allowed to listen to a woman singing. <Ref>S"A O"C 75:3, E"H 21:1 </ref> One may listen to a woman's non-singing voice. <ref>Bet Shmuel E"H 21:4 writes that one may listen to a woman's non-singing voice. Mishna Berura 75:18 writes that one may not have intent to get benefit from a woman's voice even if one is regular to hear that voice. Hacham Ovadia Yosef in Yabia Omer (O"C 1:6:11) extends the prohibition even in cases where one is used to hearing a woman's voice. </ref>
# This prohibition applies at all times and not just when one is reading Shema. <ref>S”A E”H 21:2 </ref>
# This halacha should be approached with reverence. <Ref>Sh”t Yabea Omer 1:6 </ref>
# Some authorities are lenient when two women sing together because two voices can’t be heard simultaneously. <Ref>Sh”t Seriedei Esh 2:8 </ref>
# Some are lenient to allow listening to a woman's voice on a tape or radio if one doesn't know what the singer looks like (but prohibit listening to a woman's voice when one does know what the singer looks like, even if one doesn't see her when one is listening), and some are even lenient when one does know what she looks like. <Ref>Yalkut Yosef (Otzer Dinim LeIsha pg 386), Halichot Olam (vol 1, pg 124).
* Sh”t Yabea Omer 1:4(1) writes that perhaps if one doesn’t see the woman singing it’s not an issue based on the Gemara Sanhedrin 45 which says that a man’s thoughts are only aroused when seeing a woman. He continues that even if one doesn’t see her but one recognizes her it’s certainly forbidden based on the Gemara Megillah 15 which says that men would have improper thoughts by simply saying Rachav’s name because they once recognized her. He supports this point by quoting Gemara Avoda Zara 20b which says that one may not look at the nice clothing of a woman even when she’s not wearing them because they may arouse thoughts and that’s only when one recognizes her. See Sh”t Maharam Shik E”H 53 who is also lenient if one doesn’t know what the women looks like, whereas the Sh”t Chelkat Yacov 1:163 is strict.
* Sh”t Yabea Omer 1:6(13) concludes that if one recognizes a woman even by having seen her picture it’s forbidden to listen to her voice on a tape or radio, however, if one doesn’t recognize her it’s permitted to listen to her voice on a tape or radio. See Sh”t Tzitz Eliezer 5:2 and Sh”t Maharshag 2:118 are lenient with regards to the radio, whereas the Sh"t Mishna Halachot 4:86 is strict about this. </ref> Of course, this is only when the song isn't a sexual or inappropriate song. <Ref>Yalkut Yosef (Tefilah Pesukei DeZimra pg 673) </ref>

==References==
<references/>

Lag BaOmer

2012-05-10T20:20:27Z

Jkoolyk:

# On the day of Lag BeOmer we increase in celebration a little. Some of the reasons include: it’s to remember that on Lag BaOmer the students of Rabbi Akiva stopped dying, <ref>Meiri Yevamot 62b, Kitzur S”A 120:6 </ref> it’s the day of the Hilulah (anniversary of the passing) of Rabbi Shimon Bar Yochai,<ref>Chida in Moreh Etzbah 223 </ref> it’s the day that Rabbi Akiva gave Semicha to his new students <ref>Pri Chadash 493, Kaf HaChaim 493:26 </ref>, and to remember the Maan which began to fall on this day. <Ref>Sh”t Chatom Sofer Y”D 233 </ref>
# Tachanun is omitted on Lag BaOmer. It is also omitted at mincha of the day before Lag BaOmer. <Ref>Rama 493:2, Mishna Brurah 493:9, Natai Gavriel (Pesach vol 3, 58:3) </ref>
# If Mincha falls out on Sunday then there’s no Tzidkatcha at mincha of [[Shabbat]]. <ref> Levush 493, Natai Gavriel (Pesach vol 3, 58:4) </ref>
# One shouldn’t fast on Lag BeOmer. <Ref> Natai Gavriel (Pesach vol 3, 59:5) based on Meiri Yevamot 62b</ref> However, if one’s wedding is that day one may fast on Lag BaOmer. <Ref>Halichot Shlomo 11:22 </ref>
# Music and dancing are permitted. <Ref>Pri Megadim S”A 493:1, Kaf HaChaim 493, Natai Gavriel (Pesach vol 3, 58:11) </ref>
# Some Gedolim were very opposed to burning clothing because of Baal Tashchit (prohibition of wasting), while others defend the minhag. <Ref> Natai Gavriel (Pesach vol 3, 59:13) </ref>
# Kohanim shouldn’t go into the Kever of Rashbi on Meyron. <Ref>Halichot Shlomo 11:23 </ref>
# Ashkenazim may cut their hair on the morning of Lag BaOmer. <Ref> Rama 493:2 </ref> while some are lenient to permit it from the night of Lag BaOmer. <Ref>Mishna Brurah 493:11 quoting the Eliyah Rabba </ref>Sephardim shouldn’t cut their hair until the morning of the 34th of the Omer. <ref>S”A 493:2 </ref>
# According to Ashkenazim, if Lag BaOmer falls out on Sunday then it’s permissible to cut one’s hair on Friday for kavod [[Shabbat]]. <ref>Rama 493:2. See Bear Hetiev 493:6 quotes those who are strict but ends off that if the minhag is to be lenient one doesn’t need to be strict. </ref> Some say it’s preferable to do so after Chatzot (halachic midday). <Ref>Halichot Shlomo (Chapter 11 note 79) </ref>
==References==
<references/>

Shehecheyanu

2012-02-08T05:35:22Z

Jkoolyk:

[[Image:Fruit.JPG|200px|right]]
==Shehecheyanu for new fruit==
# Chazal enacted Brachat Shehecheyanu for eating a new fruit because it brings a person happiness and should praise Hashem for the opportunity. <Ref> Mishna Brurah 225:10 </ref> Even if you don’t feel a happiness for eating a new fruit, one still should make the Bracha (as we assume that he’s happy inside, even if he doesn’t express this externally). <Ref> VeZot HaBracha (18:1, pg 159) in name of Rav Elyashiv and Rav Chaim Kanievsky </ref>
===When to make the Bracha===
# Even though it’s preferable to say Shehecheyanu before the Bracha on the fruit, the minhag is to make the Bracha on the food and then the Shehechiyanu. <Ref> Mishna Brurah 225:11 writes that it’s preferable to say Shehecheyanu first in order not to make an interruption between the Bracha and eating. However, Vezot HaBracha (pg 159) writes that the minhag is to make the Bracha on the fruit first. </ref>
# One only makes a bracha on the first time one eats the fruit (that year). <ref> Mishna Brurah 225:13 </ref>
# If one forgot to make the Bracha before eating, one may make it as long as one has not finish eating; however once one finished, one can’t make a Shehecheyanu on that fruit. <Ref> Mishna Brurah 225:13, Sh"t Besel Chachma 5:27, Vezot HaBracha (pg 160) quoting Rav Elyashiv </ref>

===Which fruit require Shehecheyanu?===
# One only makes a Bracha on fruits that grow yearly, however, fruits that grow all year round don’t require a Shehecheyanu. <Ref> S”A 225:6 </ref>
# Fruit that’s available in the marketplace all year round (because of the refrigeration and transportation) do not require Shehecheyanu, (however it’s preferable to cover it with a Shehecheyanu from another fruit if possible.) <ref> Vezot HaBracha (pg 161) </ref>
# The following fruit don’t require a Shehecheyanu: banana, lemon, lettuce , cabbage, potato, carrot, onion, pear, dates, sunflower seeds, pumpkin seeds, nuts, peanuts, almonds, olives, mushrooms, wine, and grape juice. <ref> Vezot HaBracha (pg 162-3) </ref>
# The Sefer Vezot HaBracha writes that the general list of fruits in Israel that are considered not available all year round and deserve a Shehecheyanu includes the following (however, in America, it’s very possible that some of these are available all year round; this is up to date for 5769, when the sefer was reprinted): avocado, watermelon, peach, cherry, quince, mango, apricot, grapes, strawberry, plum, cactus, and raspberry.

==Shehecheyanu for new clothes or other items==
# If one builds a new house or buys or receives a new vessel or clothing of significance a Shehecheyanu is required. <Ref>S”A 223:3 </ref>
# If one purchases insignificant clothing such as undershirts, sweaters, white-shirts, pajamas, and socks, no Bracha is required. <Ref>S”A 233:6, Piskei Teshuvot 223:6, Rivivot Efraim 8:548(6) </ref>
# In general, shoes don’t require a Bracha of Shehecheyanu; however, expensive and important shoes can require a Bracha, unless they are made from leather in which case there’s a dispute if the Bracha should be made. <Ref> Vezot HaBracha (pg 169) </ref>
# Important clothing such as a suit, tuxedo, expensive hat, or shtriemel can deserve a Shehecheyanu if the clothing brings joy to a person. Some have the minhag not to make Shehecheyanu on clothing at all. <Ref>Piskei Teshuvot 223:6.
* [http://www.yutorah.org/lectures/lecture.cfm/764351/Rabbi_Hershel_Schachter/Inyanei_Rosh_Hashanah Rav Herschel Schachter] (min 30) quoted Rav Soloveitchik as holding that nowadays one shouldn’t say Shehecheyanu even on a new suit because it’s common to own multiple pairs and buy them frequently.
* [http://www.5as.org/content/default.asp?artid=220 Rabbi Yacov Kermaier] writes that for someone who buys a suit once a year one should make a Shehecheyanu and if it’s more routine than that one doesn’t make the Bracha. [http://kollel.com/node/69] writes that according to those who don’t make a Shehecheyanu on a new suit they would be able to buy it during the three weeks but it’s not preferable if it gives you some joy.
* However, Kitzur Shulchan Aruch Sefardi 47:6 writes that the minhag is to make Shehecheyanu on a new suit. Or Letzion (vol 3, pg 236) holds that one should make Shehecheyanu on a suit. Piskei Teshuvot 223:6, [http://www.thehalacha.com/attach/Volume4/Issue3.pdf Halachically Speaking (vol 4, issue 3, pg 7)], and Rivevot Efraim 6:308(3), 8:136 agree.
* Brachot Shir VeHaShevach 2:4 pg 36 writes that even a rich person who buys suits like he buys shirts and isn’t very excited from them should make the Bracha of Shehecheyanu because it gives him satisfaction to wear clothing that is presentable. However, if to him it’s like buying new socks then one should not make a Bracha. On pg 235 he quotes Sh”t Divrei Chachamim chap 15 #201 who quotes Rav Moshe Feinstein that one makes Shehecheyanu on an expensive suit.
* However, Aseh Lecha Rav (vol 8 pg 60) writes that one should make a Shehecheyanu on it even if one isn’t happy because most people would be happy with it.</ref>
# There’s a dispute whether one can make a Bracha for buying new Seforim; however, if one receives important Seforim as a present one can make a Shehecheyanu. <Ref>Mishna Brurah 223:17 and Vezot HaBracha (pg 167) </ref>
===If it benefits others===
# If the new house, vessel, or clothing also benefit others with a physical benefit, then one should make HaTov VeHaMeitiv, however, if it’s only beneficial to oneself, make Shehecheyanu. <Ref>S”A 223:5, Mishna Brurah 223:21 </ref>
# For buying a new and significant household item (such as air-conditioning or cabinets) the minhag is not to make a HaTov VeHaMeitiv; however, the one who makes the Bracha has nothing to lose. <Ref>Piskei Teshuvot 223:6 </ref>
# One should make a Shehecheyanu upon buying a new car unless one's family will also use it in which case one should make HaTov VeHaMeitiv. <ref>Sh"t Rivevot Efraim 1:375 in the name of Rav Moshe Feinstein </ref>
===When to make Shehecheyanu===
# The halacha is that the Bracha should be made at the time of buying the new clothing; however, the minhag is to make the Bracha when wearing the clothing. <Ref>S”A 223:4, Mishna Brurah 223:17, and Vezot HaBracha (pg 167) write that the halacha is that the Bracha should be made when a person buys the clothing. However, Piskei Teshuvot 223:7 emphasizes that the minhag is to make the Bracha when one first wears it. </ref>

==References==
<references/>

Shehecheyanu

2012-02-08T05:24:24Z

Jkoolyk:

[[Image:Fruit.JPG|200px|right]]
==Shehecheyanu for new fruit==
# Chazal enacted Brachat Shehecheyanu for eating a new fruit because it brings a person happiness and should praise Hashem for the opportunity. <Ref> Mishna Brurah 225:10 </ref> Even if you don’t feel a happiness for eating a new fruit, one still should make the Bracha (as we assume that he’s happy inside, even if he doesn’t express this externally). <Ref> VeZot HaBracha (18:1, pg 159) in name of Rav Elyashiv and Rav Chaim Kanievsky </ref>
===When to make the Bracha===
# Even though it’s preferable to say Shehecheyanu before the Bracha on the fruit, the minhag is to make the Bracha on the food and then the Shehechiyanu. <Ref> Mishna Brurah 225:11 writes that it’s preferable to say Shehecheyanu first in order not to make an interruption between the Bracha and eating. However, Vezot HaBracha (pg 159) writes that the minhag is to make the Bracha on the fruit first. </ref>
# One only makes a bracha on the first time one eats the fruit (that year). <ref> Mishna Brurah 225:13 </ref>
# If one forgot to make the Bracha before eating, one may make it as long as one has not finish eating; however once one finished, one can’t make a Shehecheyanu on that fruit. <Ref> Mishna Brurah 225:13, Sh"t Besel Chachma 5:27, Vezot HaBracha (pg 160) quoting Rav Elyashiv </ref>

===Which fruit require Shehecheyanu?===
# One only makes a Bracha on fruits that grow yearly, however, fruits that grow all year round don’t require a Shehecheyanu. <Ref> S”A 225:6 </ref>
# Fruit that’s available in the marketplace all year round (because of the refrigeration and transportation) do not require Shehecheyanu, (however it’s preferable to cover it with a Shehecheyanu from another fruit if possible.) <ref> Vezot HaBracha (pg 161) </ref>
# The following fruit don’t require a Shehecheyanu: banana, lemon, lettuce , cabbage, potato, carrot, onion, pear, dates, sunflower seeds, pumpkin seeds, nuts, peanuts, almonds, olives, mushrooms, wine, and grape juice. <ref> Vezot HaBracha (pg 162-3) </ref>
# The Sefer Vezot HaBracha writes that the general list of fruits in Israel that are considered not available all year round and deserve a Shehecheyanu includes the following (however, in America, it’s very possible that some of these are available all year round; this is up to date for 5769, when the sefer was reprinted): avocado, watermelon, peach, cherry, quince, mango, apricot, grapes, strawberry, plum, cactus, and raspberry.

==Shehecheyanu for new clothes or other items==
# If one builds a new house or buys or receives a new vessel or clothing of significance a Shehecheyanu is required. <Ref>S”A 223:3 </ref>
# Getting new clothing which aren’t significant such as undershirts, sweaters, white-shirts, pajamas, and socks, no Bracha is required. <Ref>S”A 233:6, Piskei Teshuvot 223:6, Rivivot Efraim 8:548(6) </ref>
# In general, shoes don’t require a Bracha of Shehecheyanu, however, expensive and important shoes can require a Bracha unless they are made from leather in which case there’s a dispute if the Bracha should be made. <Ref> Vezot HaBracha (pg 169) </ref>
# Important clothing such as a suit, tuxedo, expensive hat, or shtriemel can deserve a Shehecheyanu if the clothing brings joy to a person. Some have the minhag not to make Shehecheyanu on clothing at all. <Ref>Piskei Teshuvot 223:6.
* [http://www.yutorah.org/lectures/lecture.cfm/764351/Rabbi_Hershel_Schachter/Inyanei_Rosh_Hashanah Rav Herschel Schachter] (min 30) quoted Rav Solavatchik as holding that nowadays one shouldn’t say Shehecheyanu even on a new suit because it’s common to own multiple pairs and buy them frequently.
* [http://www.5as.org/content/default.asp?artid=220 Rabbi Yacov Kermaier] writes that for someone who buys a suit once a year one should make a Shehecheyanu and if it’s more routine than that one doesn’t make the Bracha. [http://kollel.com/node/69] writes that according to those who don’t make a Shehecheyanu on a new suit they would be able to buy it during the three weeks but it’s not preferable if it gives you some joy.
* However, Kitzur Shulchan Aruch Sefardi 47:6 writes that the minhag is to make Shehecheyanu on a new suit. Or Letzion (vol 3, pg 236) holds that one should make Shehecheyanu on a suit. Piskei Teshuvot 223:6, [http://www.thehalacha.com/attach/Volume4/Issue3.pdf Halachically Speaking (vol 4, issue 3, pg 7)], and Rivevot Efraim 6:308(3), 8:136 agree.
* Brachot Shir VeHaShevach 2:4 pg 36 writes that even a rich person who buys suits like he buys shirts and isn’t very excited from them should make the Bracha of Shehecheyanu because it gives him satisfaction to wear clothing that is presentable. However, if to him it’s like buying new socks then one should not make a Bracha. On pg 235 he quotes Sh”t Divrei Chachamim chap 15 #201 who quotes Rav Moshe Feinstein that one makes Shehecheyanu on an expensive suit.
* However, Aseh Lecha Rav (vol 8 pg 60) writes that one should make a Shehecheyanu on it even if one isn’t happy because most people would be happy with it.</ref>
# There’s a dispute whether one can make a Bracha for buying new Seforim, however, if one receives important Seforim as a present one can make a Shehecheyanu. <Ref>Mishna Brurah 223:17 and Vezot HaBracha (pg 167) </ref>
===If it benefits others===
# If the new house, vessel, or clothing also benefit others with a physical benefit, then one should make HaTov VeHaMeitiv, however, if it’s only beneficial to oneself, make Shehecheyanu. <Ref>S”A 223:5, Mishna Brurah 223:21 </ref>
# For buying a new and significant household item (such as air-conditioning or cabinets) the minhag is not to make a HaTov VeHaMeitiv, however, the one who makes the Bracha has nothing to loss. <Ref>Piskei Teshuvot 223:6 </ref>
# One should make a Shehecheyanu upon buying a new car unless one's family will also use it in which case one should make HaTov VeHaMeitiv. <ref>Sh"t Rivevot Efraim 1:375 in the name of Rav Moshei Feinstein </ref>
===When to make Shehecheyanu===
# The halacha is that the Bracha should be made at the time of buying the new clothing, however, the minhag is to make the Bracha when wearing the clothing. <Ref>S”A 223:4, Mishna Brurah 223:17, and Vezot HaBracha (pg 167) write that the halacha is that the Bracha should be made when a person buys the clothing. However, Piskei Teshuvot 223:7 emphasizes that the minhag is to make the Bracha when one first wear it. </ref>

==References==
<references/>