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Bishul Akum: Difference between revisions
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# 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> | # 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 s.v. 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 113:12. Refer to Ramban and Ritvah Meseches Avodah Zarah 38b. </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 s.v. 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 113:12. Refer to Ramban and Ritvah Meseches Avodah Zarah 38b. </ref> | ||
# If it is common 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, | # If it is common 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, Mishna Brurah 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> | ||
# Some say that [[bishul]] akum doesn't apply to corn because it would be normal to eat corn raw, however, it is just uncommon, however, others hold that [[bishul]] akum does apply to corn since it isn't eaten raw.<ref>[http://www.yutorah.org/lectures/lecture.cfm/788653/Rabbi_Mordechai_I_Willig/Yoreh_De'ah_Shiur_06_Bishul_Akum Rabbi Mordechai Willig in a shiur on yutorah.org (min 55-57)] quotes Rav Yisrael Belsky as saying that [[bishul]] akum doesn't apply to corn since it would be normal to eat it raw, it is just that we are picky, however, Rav Hershel Schachter held that [[bishul]] akum does apply unless a majority of people eat it raw.</ref> | # Some say that [[bishul]] akum doesn't apply to corn because it would be normal to eat corn raw, however, it is just uncommon, however, others hold that [[bishul]] akum does apply to corn since it isn't eaten raw.<ref>[http://www.yutorah.org/lectures/lecture.cfm/788653/Rabbi_Mordechai_I_Willig/Yoreh_De'ah_Shiur_06_Bishul_Akum Rabbi Mordechai Willig in a shiur on yutorah.org (min 55-57)] quotes Rav Yisrael Belsky as saying that [[bishul]] akum doesn't apply to corn since it would be normal to eat it raw, it is just that we are picky, however, Rav Hershel Schachter held that [[bishul]] akum does apply unless a majority of people eat it raw.</ref> | ||
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==Utensils == | ==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, | # 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, Mishna Brurah 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 Hashulchan 113:50, 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, Mishna Brurah 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 Chatos 75:14, Levush 16, Chochmas Adom 66:11, Mishna Brurah O.C. 328:63, Aruch Hashulchan 113:50, Kaf Hachaim 95, see Gilyon Maharsha 113, Mishna Brurah 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. | # 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 == | ==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 | # 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 Mishna Brurah 328:63. 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== | ==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 | # 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 Mishna Brurah 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 == | ==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>Gemara Avoda Zara 38a, S"A YD 113:2, Refer to OU document A-131. </ref> | # 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>Gemara Avoda Zara 38a, S"A YD 113:2, Refer to OU document A-131. </ref> | ||
