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==Background: The Gezairah== | ==Background: The Gezairah== | ||
# The Chachomim enacted a gezairah forbidding bread that was baked by a non-Jew<ref>Mishnah Avodah Zarah 2:6. It's clear from the Gemara Meseches Avodah Zarah 35b that this prohibition is mi'derabanan. This prohibition is independent from that of bishul akum; see Ramban Avodah Zarah 35b "ve'hapas" regarding which gezairah was made first. Ramban ibid. also notes that there are more leniencies for pas akum than for bishul akum, because everyone needs bread to live. The Aruch Hashulchan 113:2 suggests that since bishul akum was also prohibited because of the possibility of the non-Jew mixing in non-kosher besides for the fear of intermarriage, we are more strict regarding bishul akum than pas akum.</ref> so as to avoid intermingling with them too much, which could lead to intermarriage<ref>cf. Rashi Avodah Zarah 35b "shelakos" and Rambam Peirush Hamishnah Avodah Zarah 2:6. However, from the Gemara on daf 17b and 36b it seems like the real concern was actually idolatry, cf. Chelkas Binyamin Biurim on page 4. Ramban Avodah Zarah 35b, Rabbeinu Yonah ad. loc., and Shach Y.D. 112:3 note that there is no reason to be concerned for other issues of kashrus. It should be pointed out though that today one still cannot buy bread without a hechsher, see Iggros Moshe Y.D. 2:33</ref>. However, the bread of a non-Jew is prohibited even | # The Chachomim enacted a gezairah forbidding bread that was baked by a non-Jew<ref>Mishnah Avodah Zarah 2:6. It's clear from the Gemara Meseches Avodah Zarah 35b that this prohibition is mi'derabanan. This prohibition is independent from that of bishul akum; see Ramban Avodah Zarah 35b "ve'hapas" regarding which gezairah was made first. Ramban ibid. also notes that there are more leniencies for pas akum than for bishul akum, because everyone needs bread to live. The Aruch Hashulchan 113:2 suggests that since bishul akum was also prohibited because of the possibility of the non-Jew mixing in non-kosher besides for the fear of intermarriage, we are more strict regarding bishul akum than pas akum.</ref> so as to avoid intermingling with them too much, which could lead to intermarriage<ref>cf. Rashi Avodah Zarah 35b "shelakos" and Rambam Peirush Hamishnah Avodah Zarah 2:6. However, from the Gemara on daf 17b and 36b it seems like the real concern was actually idolatry, cf. Chelkas Binyamin Biurim on page 4. Ramban Avodah Zarah 35b, Rabbeinu Yonah ad. loc., and Shach Y.D. 112:3 note that there is no reason to be concerned for other issues of kashrus. It should be pointed out though that today one still cannot buy bread without a hechsher, see Iggros Moshe Y.D. 2:33</ref>. However, the bread of a non-Jew is prohibited even if there's no possibility of intermarriage,<ref>Such as if the non-Jewish baker was a priest who wouldn't have any daughters. Rama Y.D. 112:1 quoting the Rashba.</ref> and doesn't depend on whether or not the non-Jew is an idolater<ref>Pri Megadim Sifsei Daas 112:2, Darchei Teshuva 112:4, Pri Tohar 112:3</ref> | ||
# It is permitted to derive benefit from bread baked by a non-Jew without eating it.<ref>Mishnah Avodah Zarah 2:3-6</ref> | # It is permitted to derive benefit from bread baked by a non-Jew without eating it.<ref>Mishnah Avodah Zarah 2:3-6</ref> | ||
# While the Bavli's conclusion is somewhat ambiguous, most Rishonim understand that the prohibition of eating pas akum was revoked to some degree.<ref>Ritva Avodah Zarah 35b quotes from R. Meir Halevi who believed that the prohibition was not revoked at all, but the Ritva himself, his teachers, Tosfos, Rash miShantz, Rabbeinu Yonah, Ramban, Ra"ah, Rashba, Ran, Nimukei Yosef, and the Rosh in their comments to the aforementioned Gemara all beleive that the decree was limited by later Chachamim. See below regarding the opinion of the Rambam and Shulchan Aruch.</ref> According to some<ref>Ritva Avodah Zarah 35b. Such a position is also implied by Tosafos 35b "michlal", as well as by the Rosh's opinion recorded in Tur 112 and the Mordechai according to Shach 112:8</ref>, the prohibition was revoked by the sages entirely. Another opinion, which is followed by Ashkenazim, is that the rabbis allowed bread baked only by a non-Jewish baker ("pas paltar"),<ref>Yerushalami Avodah Zarah 2:8, Rama YD 112:2 based on Tosafot Avoda Zara 35b "michlal", Mordechai, and Issur VeHeter Klal 44, Chochmat Adam 65:2. This also appears to be the position of Rashba and Ran. See below regarding the definition of a 'baker' for this halakha.</ref> whether or not there is bread baked by a Jew available.<ref>Bach to Tur Y.D. 112, Rama in Sefer Toras Chatas 75, Gra Y.D. 112:7-8, Kitzur Shulchan Aruch 38:1</ref> The third, and most stringent opinion, is that bread of a baker was permitted only in cases where bread baked by a Jew is not available.<ref>Rambam Hilchos Maachalos Asuros 17:12, Ramban, Ran and Rashba to Avodah Zarah 35b</ref> This appears to be the opinion of the Shulchan Aruch.<ref>Cf. Y.D. 112:2 and 112:8. Thus, it would appear that this should be the practice for Sefardim, though see Ben Ish Chai II Chukas 2 who follows the lenient opinion. According to the second opinion, which is that of the Rama, in a case where no Jewish-baked bread is available, even "pas baal habayis" is permitted (Rama Y.D. 112:8, see also Rashba Avodah Zarah 35b in his explanation of the Rif)</ref> | # While the Bavli's conclusion is somewhat ambiguous, most Rishonim understand that the prohibition of eating pas akum was revoked to some degree.<ref>Ritva Avodah Zarah 35b quotes from R. Meir Halevi who believed that the prohibition was not revoked at all, but the Ritva himself, his teachers, Tosfos, Rash miShantz, Rabbeinu Yonah, Ramban, Ra"ah, Rashba, Ran, Nimukei Yosef, and the Rosh in their comments to the aforementioned Gemara all beleive that the decree was limited by later Chachamim. See below regarding the opinion of the Rambam and Shulchan Aruch.</ref> According to some<ref>Ritva Avodah Zarah 35b. Such a position is also implied by Tosafos 35b "michlal", as well as by the Rosh's opinion recorded in Tur 112 and the Mordechai according to Shach 112:8</ref>, the prohibition was revoked by the sages entirely. Another opinion, which is followed by Ashkenazim, is that the rabbis allowed bread baked only by a non-Jewish baker ("''pas paltar''", as opposed to "''pas baal habayis''"),<ref>Yerushalami Avodah Zarah 2:8, Rama YD 112:2 based on Tosafot Avoda Zara 35b "michlal", Mordechai, and Issur VeHeter Klal 44, Chochmat Adam 65:2. This also appears to be the position of Rashba and Ran. See below regarding the definition of a 'baker' for this halakha.</ref> whether or not there is bread baked by a Jew available.<ref>Bach to Tur Y.D. 112, Rama in Sefer Toras Chatas 75, Gra Y.D. 112:7-8, Kitzur Shulchan Aruch 38:1</ref> The third, and most stringent opinion, is that bread of a baker was permitted only in cases where bread baked by a Jew is not available.<ref>Rambam Hilchos Maachalos Asuros 17:12, Ramban, Ran and Rashba to Avodah Zarah 35b</ref> This appears to be the opinion of the Shulchan Aruch.<ref>Cf. Y.D. 112:2 and 112:8. Thus, it would appear that this should be the practice for Sefardim, though see Ben Ish Chai II Chukas 2 who follows the lenient opinion. According to the second opinion, which is that of the Rama, in a case where no Jewish-baked bread is available, even "pas baal habayis" is permitted (Rama Y.D. 112:8, see also Rashba Avodah Zarah 35b in his explanation of the Rif)</ref> | ||
# Although Ashkenazi practice is to usually follow the Rama, several poskim indicate that it is still proper to be stringent in this manner and not eat pas paltar where pas yisroel is available.<ref>Shach 112:8, Aruch Hashulchan 112:9, 112:17, Chochmas Adam 65:2 and Chelkes Binyomin 112:23.</ref> Others are not concerned with this for most of the year.<ref>Bach to Tur Y.D. 112, Kitzur Shulchan Aruch 38:1. The Orthodox Union, as do most Kashrus organizations, certify ''pas paltar'' foods as kosher.</ref> Someone | # Although Ashkenazi practice is to usually follow the Rama, several poskim indicate that it is still proper to be stringent in this manner and not eat pas paltar where pas yisroel is available.<ref>Shach 112:8, Aruch Hashulchan 112:9, 112:17, Chochmas Adam 65:2 and Chelkes Binyomin 112:23.</ref> Others are not concerned with this for most of the year.<ref>Bach to Tur Y.D. 112, Kitzur Shulchan Aruch 38:1. The Orthodox Union, as do most Kashrus organizations, certify ''pas paltar'' foods as kosher.</ref> Someone whose practice was to be careful not to eat ''pas paltar'' and wants to change this practice must be ''mattir neder''.<ref>Darchei Teshuva 112:94</ref> | ||
# The Tur writes that even those who are not careful about pas paltar during the year are careful to only eat pas yisrael during Aseres Yemei Teshuvah.<ref>Raavyah Rosh Hashana siman 529, Rosh to Rosh Hashanah 4:14, Tur Orach Chaim 603, Shulchan Aruch O.C. 603:1 and Mishnah Berurah there, Shach Y.D. 112:9. However, the Tashbetz quoted by the Beis Yosef there O.C. 603 doesn't approve of changing one's practice during the Aseres Yemei Teshuvah.</ref> Several reasons are given for this custom.<ref>The Chayei Adam 143:1 and Kitzur Shulchan Aruch 130:2 write that because God is more merciful than 'necessary' during this time period, we should respond by keeping stringencies which we wouldn't normally consider to be necessary. Levush O.C. 603:1 writes that extra stringencies will remind us to be in a state of teshuvah. Rabbi Netanel Wiederblank [http://www.yutorah.org/lectures/lecture.cfm/838739/Rabbi_Netanel_Wiederblank/Pas_Akum_Part_1 suggested], based on Ramban, that being careful about pas yisrael was a custom of talmidei chachamim.</ref> Some say that this is true of Shabbos and Yom Tov as well, as part of kavod shabbos.<ref>Magen Avraham O.C. 242:4. From the Rama it appears as though this only matters for the bread that one is actually using for the bracha to begin the meals, but the Shaar Tziyun 242:18 writes that even throughout the meal, because of the honor of Shabbos or Yom Tov, one should be careful about ''pas yisroel''</ref> | # The Tur writes that even those who are not careful about pas paltar during the year are careful to only eat pas yisrael during Aseres Yemei Teshuvah.<ref>Raavyah Rosh Hashana siman 529, Rosh to Rosh Hashanah 4:14, Tur Orach Chaim 603, Shulchan Aruch O.C. 603:1 and Mishnah Berurah there, Shach Y.D. 112:9. However, the Tashbetz quoted by the Beis Yosef there O.C. 603 doesn't approve of changing one's practice during the Aseres Yemei Teshuvah.</ref> Several reasons are given for this custom.<ref>The Chayei Adam 143:1 and Kitzur Shulchan Aruch 130:2 write that because God is more merciful than 'necessary' during this time period, we should respond by keeping stringencies which we wouldn't normally consider to be necessary. Levush O.C. 603:1 writes that extra stringencies will remind us to be in a state of teshuvah. Rabbi Netanel Wiederblank [http://www.yutorah.org/lectures/lecture.cfm/838739/Rabbi_Netanel_Wiederblank/Pas_Akum_Part_1 suggested], based on Ramban, that being careful about pas yisrael was a custom of talmidei chachamim, and so we want to act like talmidei chachamim at this time. Rabbi Sobolofsky [http://koltorah.org/ravj/14-3%20Pat%20Akum%202.htm offered] another possibility that because the decree was rescinded only because it would be impossible to keep all year long, it is not unreasonable to adhere to it for only ten days of the year.</ref> Some say that this is true of Shabbos and Yom Tov as well, as part of kavod shabbos.<ref>Magen Avraham O.C. 242:4. From the Rama it appears as though this only matters for the bread that one is actually using for the bracha to begin the meals, but the Shaar Tziyun 242:18 writes that even throughout the meal, because of the honor of Shabbos or Yom Tov, one should be careful about ''pas yisroel''</ref> | ||
==Who Baked the Bread== | ==Who Baked the Bread== | ||
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# As mentioned above, all non-Jews are included in this prohibition.<ref>Rama Y.D. 112:1 quoting the Rashba, Pri Megadim Sifsei Daas 112:2, Pri Tohar on Shulchan Aruch 112:3, Darchei Teshuva 112:4. See Rav Chaim Kanievsky's commentary to Maseches Geirim 1:5, that according to Rabbi Akiva, even a convert cannot eat his own bread that he baked before converting.</ref> | # As mentioned above, all non-Jews are included in this prohibition.<ref>Rama Y.D. 112:1 quoting the Rashba, Pri Megadim Sifsei Daas 112:2, Pri Tohar on Shulchan Aruch 112:3, Darchei Teshuva 112:4. See Rav Chaim Kanievsky's commentary to Maseches Geirim 1:5, that according to Rabbi Akiva, even a convert cannot eat his own bread that he baked before converting.</ref> | ||
# It is a machlokes haposkim as to whether or not bread baked by an irreligious Jew would be prohibited.<ref>Pischei Teshuva Y.D. 112:1 quoting Tiferes LeMoshe is lenient because one would be allowed to marry his daughter as is Iggeros Moshe Y.D. 1:45, but the Pri Chodosh 112:2, Pri Megadim, and Kitzur Shulchan Aruch 72:2 all write that a Jew who does not keep Shabbos is considered like a non-Jew in this regard. See Maharam Shik O.C. 281, Darchei Teshuva 112:5, Avnei Nezer Y.D. 92 (who suggests that it might be prohibited to marry someone not-religious), Shut Yehudah Yaaleh 12, Minchas Yitzchak 3:72, Kaf Hachaim Y.D. 112:11, Mishneh Halachos 11:111, Shut M’Bais Levi 8:page 23:footnote 2, Titz Eliezer 9:41, Yabia Omer Y.D. 5:10, and Chelkes Binyomin 112:4. Also refer to Bishul Yisroel pages 412-413. Rav Shternbach in Halachos Ve'Hanhagos 1:470 writes that even though one must be stringent, in a sha'as hadechak one can eat the bread of someone who is merely a ''tinok shenishbah'', which he applies to anyone who was raised in a non-religious environment. Rav Schachter in OU document A-133 and Rav Asher Weiss in Minchas Asher Devarim no. 5 write that the custom has always been to be lenient.</ref> | # It is a machlokes haposkim as to whether or not bread baked by an irreligious Jew would be prohibited.<ref>Pischei Teshuva Y.D. 112:1 quoting Tiferes LeMoshe is lenient because one would be allowed to marry his daughter as is Iggeros Moshe Y.D. 1:45, but the Pri Chodosh 112:2, Pri Megadim, and Kitzur Shulchan Aruch 72:2 all write that a Jew who does not keep Shabbos is considered like a non-Jew in this regard. See Maharam Shik O.C. 281, Darchei Teshuva 112:5, Avnei Nezer Y.D. 92 (who suggests that it might be prohibited to marry someone not-religious), Shut Yehudah Yaaleh 12, Minchas Yitzchak 3:72, Kaf Hachaim Y.D. 112:11, Mishneh Halachos 11:111, Shut M’Bais Levi 8:page 23:footnote 2, Titz Eliezer 9:41, Yabia Omer Y.D. 5:10, and Chelkes Binyomin 112:4. Also refer to Bishul Yisroel pages 412-413. Rav Shternbach in Halachos Ve'Hanhagos 1:470 writes that even though one must be stringent, in a sha'as hadechak one can eat the bread of someone who is merely a ''tinok shenishbah'', which he applies to anyone who was raised in a non-religious environment. Rav Schachter in OU document A-133 and Rav Asher Weiss in Minchas Asher Devarim no. 5 write that the custom has always been to be lenient.</ref> | ||
# Some poskim have thought that because one would never recognize who baked his bread that was baked industrially in a factory, all commercially sold factory-made bread would not be categorized as "pas akum".<ref>Mesorah Journal vol. 1 pg. 95 and Rivevos Ephraim 5:596 both quote such a position in the name of R. Moshe Feinstein z"l</ref> However, in practice few poskim would rely on this on its own.<ref>Rivevos Ephraim 5:596, Minchas Yitzchak 3:26:6, Yabea Omer Y.D. 5:9:5, and Shevet Halevi 6:108:6 quotes that the Chazon Ish refused to accept such a possibility at all. See also Chelkes Binyamin 113:4</ref> | # Some poskim have thought that because one would never recognize who baked his bread that was baked industrially in a factory, all commercially sold factory-made bread would not be categorized as "pas akum".<ref>Mesorah Journal vol. 1 pg. 95 and Rivevos Ephraim 5:596 both quote such a position in the name of R. Moshe Feinstein z"l</ref> However, in practice few poskim would rely on this on its own.<ref>Mesorah Journal vol. 1, Rivevos Ephraim 5:596, Minchas Yitzchak 3:26:6 and 3:26:10, Yabea Omer Y.D. 5:9:5, and Shevet Halevi 6:108:6 quotes that the Chazon Ish refused to accept such a possibility at all. See also Chelkes Binyamin 113:4</ref> | ||
# The Shulchan Aruch paskens that the prohibition depends on who baked the bread, and not on who sold the bread.<ref>This is a dispute between the Rashba and Ra'ah in Toras Habayis and Bedek Habayis 3:7, quoted by the Beis Yosef Y.D. 112, and the Shulchan Aruch 112:7 paskens like the Rashba, cf. Shach 112:12.</ref> Therefore, a ''baal habayis'' who sells bread baked by a baker has the status of ''pas paltar'', and vice versa. | # The Shulchan Aruch paskens that the prohibition depends on who baked the bread, and not on who sold the bread.<ref>This is a dispute between the Rashba and Ra'ah in Toras Habayis and Bedek Habayis 3:7, quoted by the Beis Yosef Y.D. 112, and the Shulchan Aruch 112:7 paskens like the Rashba, cf. Shach 112:12.</ref> Therefore, a ''baal habayis'' who sells bread baked by a baker has the status of ''pas paltar'', and vice versa. | ||
# If a Jew owned the dough, then most poskim assume that in such a case the bread would | # If a Jew owned the dough, then most poskim assume that in such a case the bread would fall under the category of [[Bishul Akum]] instead of ''pas paltar''.<ref>Tur 112, Perishah Yoreh De'ah 112:10, Shach Y.D. 112:7 quoting Issur Ve'Heter and Toras Chatas, Taz 112:7.</ref> However, some are lenient<ref>Aruch Hashulchan Y.D. 112:10 and 112:29. However, the Aruch Hashulchan derives his opinion from Shach 112:1, which is very difficult considering what the Shach says in 112:7</ref> especially for a large factory that is owned by a Jew.<ref>See Igros Moshe Y.D. 1:45. Rav Moshe explains that the Tur must mean that because the prohibiton of Bishul is not applicable for any bread that would otherwise be ''pas paltar'' or ''pas baal habayis'', bread owned by a Jew falls into neither or these categories and is therefore [[Bishul Akum]]. Rav Moshe argues that this is only the case because making dough that is owned by a Jew into ''bishul Yisroel'' is very easy, but when doing so would involve significant difficulty, such as in a factory, this stringency does not apply. This may depend on the dispute between the Ramban (Avodah Zarah 35b) and Rabbeinu Tam (Sefer Hayasher 392) as to which decree was made first. Rav Moshe does not clarify whether such bread should be considered ''pas paltar'' or ''pas yisrael''.</ref><ref>It would appear that even according to the Rambam and Rashba who don't believe that merely adding to the fire suffices to avoid [[Bishul Akum]], it would suffice for bread owned by a Jew, because doing so is a ''melachah chashuvah b'pas'', as indicated by the Rashba to Avodah Zarah 38b, Ran, Ritva ad loc., and Bedek Habayis 3:7, even if the Rashba argues in Mishmeres Habayis that raising the fire is sufficient for bread only because bread is more necessary for day-to-day sustenance. Thus, according to most of the Rishonim, raising the fire would suffice for bread owned by a Jew according to the Tur, but according to the Mishmeres Habayis, the bread would still be prohibited unless the Jew assisted in the actual baking.</ref> | ||
==When Pas Yisroel is Unavailable== | ==When Pas Yisroel is Unavailable== | ||
# When there is no pas yisroel available, the Shulchan Aruch quotes two opinions<ref>Yoreh De'ah 112:2 and 112:8</ref> as to whether or not one would be allowed to eat only ''pas paltar'' or even ''pas ba'al habayis''.<ref>The second opinion is that of the Ra"ah. Because the Shulchan Aruch does not seem to hold like his opinion through the rest of the siman, and because of a general rule to follow the first opinion quoted by the Shulchan Aruch instead of an opinion which he prefaces by "there are those who say", those who follow the Shulchan Aruch should be stringent in this regard, unless there is a very serious need, such as in a case where a person hasn't had bread for three days. Kaf Hachayim 112:49-50 and Yalkut Yosef Kitzur Shulchan Aruch 112:3-4.</ref> The Rama<ref>Y.D. 112:8, Shach 112:8 and Matteh Yonasan there. This is also clearly the opinion of the Rosh as quoted by the Tur, see above</ref> writes that the custom is to follow the lenient opinion. Thus, the following rules in determining "lack of availability" permits either ''pas paltar'' according to the Shulchan Aruch, but ''pas baal habayis'' according to the Rama.<ref>This is clear from Shu"t Rama 132:8, cf. Chelkas Binyamin Biurim pg. 58</ref> | # When there is no pas yisroel available, the Shulchan Aruch quotes two opinions<ref>Yoreh De'ah 112:2 and 112:8</ref> as to whether or not one would be allowed to eat only ''pas paltar'' or even ''pas ba'al habayis''.<ref>The second opinion is that of the Ra"ah. Because the Shulchan Aruch does not seem to hold like his opinion through the rest of the siman, and because of a general rule to follow the first opinion quoted by the Shulchan Aruch instead of an opinion which he prefaces by "there are those who say", those who follow the Shulchan Aruch should be stringent in this regard, unless there is a very serious need, such as in a case where a person hasn't had bread for three days. Kaf Hachayim 112:49-50 and Yalkut Yosef Kitzur Shulchan Aruch 112:3-4.</ref> The Rama<ref>Y.D. 112:8, Shach 112:8 and Matteh Yonasan there. This is also clearly the opinion of the Rosh as quoted by the Tur, see above</ref> writes that the custom is to follow the lenient opinion. Thus, the following rules in determining "lack of availability" permits either ''pas paltar'' according to the Shulchan Aruch, but ''pas baal habayis'' according to the Rama.<ref>This is clear from Shu"t Rama 132:8, cf. Chelkas Binyamin Biurim pg. 58</ref> | ||
# ''Pas paltar'' according to the Shulchan Aruch and ''pas ba'al habayis'' according to the Rama is permitted only as long as there is no Jewish baker, and then becomes prohibited until the Jewish baker runs out of bread.<ref>Shulchan Aruch Y.D. 112:4</ref> If someone already bought the ''pas paltar'' or ''pas baal habayis'' while it was permitted, and then a Jewish baker came to town, there's a machlokes as to whether the bread already bought becomes prohibited<ref>Between the Rashba Toras Ha-Bayis and Ra"ah in Bedek Habayis, page 185</ref>, but most poskim are lenient.<ref>Shach 112:13 and Chelkas Binhyamin 112:40, as long as the bread was bought while it was permitted</ref> | # ''Pas paltar'' according to the Shulchan Aruch and ''pas ba'al habayis'' according to the Rama is permitted only as long as there is no Jewish baker, and then becomes prohibited until the Jewish baker runs out of bread.<ref>Shulchan Aruch Y.D. 112:4</ref> If someone already bought the ''pas paltar'' or ''pas baal habayis'' while it was permitted, and then a Jewish baker came to town, there's a machlokes as to whether the bread already bought becomes prohibited<ref>Between the Rashba Toras Ha-Bayis and Ra"ah in Bedek Habayis, page 185</ref>, but most poskim are lenient.<ref>Shach 112:13 and Chelkas Binhyamin 112:40, as long as the bread was bought while it was permitted</ref> | ||
# Even if there is ''pas yisroel'' bread, but it is a different kind of bread or a lower quality than the ''pas paltar'', then one is allowed to consider it as if there is no ''pas yisroel'' available if he wants the other type of bread.<ref>Shulchan Aruch 112:5 quoting the Rashba in Toras Habayis and Shach 112:9. Based on the language of the Bach and Shulchan Aruch, Chelkas Binyamin 112:51 and 112:18 says that if the ''pas yisroel'' is merely more expensive but is the same quality, it would not be permissible to buy the ''pas paltar''. Footnote 2 | # Even if there is ''pas yisroel'' bread, but it is a different kind of bread or a lower quality than the ''pas paltar'', then one is allowed to consider it as if there is no ''pas yisroel'' available if he wants the other type of bread.<ref>Shulchan Aruch 112:5 quoting the Rashba in Toras Habayis and Shach 112:9. Based on the language of the Bach and Shulchan Aruch, Chelkas Binyamin 112:51 and 112:18 says that if the ''pas yisroel'' is merely more expensive but is the same quality, it would not be permissible to buy the ''pas paltar''. Footnote 2 on the Meiri to Avodah Zarah 35b "mah she-hutar" leaves the question open.</ref> Some say that this is not true during ''Aseres Yemei Teshuvah''<ref>Sefer Bishul Yisroel, footnote on pg. 18</ref> | ||
# The availability of ''pas yisroel'' depends on whether or not it is obtainable in one's own city, and so even if there's a place to get ''pas yisroel'' just outside the city, one is not required to do so.<ref>Meiri 35b "ve'hinei". Chelkas Binyamin 112:18 indicates that if one lives in a big city and would have to travel four [[mil]] or more to obtain ''pas yisrael'' he might not have to travel that far.</ref> | # The availability of ''pas yisroel'' depends on whether or not it is obtainable in one's own city, and so even if there's a place to get ''pas yisroel'' just outside the city, one is not required to do so.<ref>Meiri 35b "ve'hinei". Chelkas Binyamin 112:18 indicates that if one lives in a big city and would have to travel four [[mil]] or more to obtain ''pas yisrael'' he might not have to travel that far.</ref> | ||
# Someone who is on the road without ''pas yisroel'' would have to travel a distance<ref>See Chelkas Binyamin Biurim pg. 59 who discusses whether this is measured by distance or by travel time, and see Aruch Hashulchan 112:18, who writes ד' מילין הוא אם צריך לילך לשם אבל כשאין לו דרך לשם או שצריך לחזור לאחוריו אין כאן שיעור ד' מילין [פר"ח סקכ"ח] ומיהו שיעור מיל צריך להמתין [חכ"א] ואין חילוק בכל זה בין דרך טובה לדרך רעועה ובין נוסע בעגלה או רוכב על הסוס או הולך רגלי דחכמים השוו מדותיהם</ref> as far as four [[mil]] before he would be allowed to eat ''pas paltar'' (according to the Shulchan Aruch),<ref>Shulchan Aruch 112:16 and Mishnah Berurah Orach Chayim 603:1</ref> and one does not have to travel in the opposite direction in order to get to ''pas yisroel''.<ref>Pri Chadash 112:28, Darchei Teshuva 112:95</ref> | # Someone who is on the road without ''pas yisroel'' would have to travel a distance<ref>See Chelkas Binyamin Biurim pg. 59 who discusses whether this is measured by distance or by travel time, and see Aruch Hashulchan 112:18, who writes ד' מילין הוא אם צריך לילך לשם אבל כשאין לו דרך לשם או שצריך לחזור לאחוריו אין כאן שיעור ד' מילין [פר"ח סקכ"ח] ומיהו שיעור מיל צריך להמתין [חכ"א] ואין חילוק בכל זה בין דרך טובה לדרך רעועה ובין נוסע בעגלה או רוכב על הסוס או הולך רגלי דחכמים השוו מדותיהם</ref> as far as four [[mil]] before he would be allowed to eat ''pas paltar'' (according to the Shulchan Aruch),<ref>Shulchan Aruch 112:16 and Mishnah Berurah Orach Chayim 603:1</ref> and one does not have to travel in the opposite direction in order to get to ''pas yisroel''.<ref>Pri Chadash 112:28, Darchei Teshuva 112:95</ref> | ||
