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Pat Akum: Difference between revisions
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→When Pas Yisroel is Unavailable
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# 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 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> | # 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. </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> | # If the pat yisrael is significantly more expensive than the pat palter some say that it is permitted to buy pat palter, while others disagree.<ref>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. [https://books.google.com/books?id=r_dRDwAAQBAJ Yirchon Haotzer 14 p. 253] quotes Bishul Yisrael p. 17 who cites Rav Elyashiv that even if the pat yisrael is more expensive that isn't sufficient reason to buy pat palter. However, Pitchei Halacha Kashrut p. 57 is lenient.</ref> </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. Yirchon Haotzer p. 254 quotes the Shevet Hakehati that if there is pat yisrael in the town irrelevant of how far away it is one shouldn't buy pat palter.</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> | ||
