Difference between revisions of "Kosher Food Packaging for Deliveries"

From Halachipedia
Jump to: navigation, search
(Created page with "== General == # 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.<ref>Chullin 95a, in the na...")
 
(How Many Seals are Needed)
(7 intermediate revisions by 2 users not shown)
Line 1: Line 1:
== General ==
+
==General==
  
# 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.<ref>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. S"A Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|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.
+
#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.<ref>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</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|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.
# 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.
+
#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.
# In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, ....
+
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ 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."</ref>, 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.
# This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
+
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
# Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>
+
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>
#
+
 
 +
==How Many Seals are Needed==
 +
 
 +
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.
 +
 
 +
 
 +
==Sources==
 +
<references />
 +
[[Category:Kashrut]]

Revision as of 20:36, 10 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.


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