Kosher Food Packaging for Deliveries: Difference between revisions

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There is a disagreement among Rishonim how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref>Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.
There is a disagreement among Rishonim how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref>Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.
==Types of Effective Seals==
===Knots===
#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>




Revision as of 00:43, 11 July 2019

General

  1. Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.[1] This fundamental principle is called Basar SheNitalem Min Haayin, and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
  2. The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
  3. In order to assuage our need for the food to be as if it is watched constantly, we rely upon either Simanim (clear symbols)[2], a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously[3], or, most significantly, Tzarur v'Chatum - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
  4. This concern applies to rich delivery persons as well as it does to poor ones.[4]
  5. Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.[5]

How Many Seals are Needed

There is a disagreement among Rishonim how to understand a seeming contradiction in Rav's opinion[6]regarding the number of seals which are needed.[7] The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.[8] The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

Types of Effective Seals

Knots

  1. Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.[9] Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.[10]


Sources

  1. ↑ Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1
  2. ↑ Chullin 95a, see Rashi ad. loc
  3. ↑ This is known as Teviyat Ayin, defined by Rabbi Moshe Heineman from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."
  4. ↑ Shu"t HaRadbaz 4:1
  5. ↑ S"A Y.D. 118:1
  6. ↑ Avodah Zarah 31a and Avodah Zarah 39a-b
  7. ↑ Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.
  8. ↑ Shulchan Aruch Y.D. 118:1
  9. ↑ Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person
  10. ↑ Sefer Bein Yisrael LNachri Y.D. 17:21
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