Pat Akum

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Background: The Gezairah

  1. The Chachomim enacted a gezairah forbidding bread that was baked by a non-Jew[1] so as to avoid intermingling with them too much, which could lead to intermarriage[2]. However, the bread of a non-Jew is prohibited even in a case where there's no possibility of intermarriage,[3] and doesn't depend on whether or not the non-Jew is an idolater[4]
  2. It is permitted to derive benefit from bread baked by a non-Jew without eating it.[5]
  3. While the Bavli's conclusion is somewhat ambiguous, most Rishonim understand that the prohibition of eating pas akum was revoked to some degree.[6] According to some[7], the prohibition was revoked by the sages entirely.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"),[8] whether or not there is bread baked by a Jew available.[9] 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.[10] This appears to be the opinion of the Shulchan Aruch.[11]
  4. 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.[12] Others are not concerned with this for most of the year.[13] Someone who used to be careful not to eat pas paltar and wants to change his practice must be mattir neder.[14]
  5. 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.[15] Several reasons are given for this custom.[16] Some say that this is true of Shabbos and Yom Tov as well.[17]


Who Baked the Bread

  1. A "non-Jewish baker" (paltar) in this context is anyone who baked bread with the intent to sell it, and not someone who happens to sell bread for a living.[18] Thus, if a baker invited a Jew to partake of his bread, it wouldn't be considered "pas paltar" and would be prohibited.[19] Bread that was baked with the intention to give to guests is like bread that was meant to be sold, and has the status of "pas paltar".[20]
  2. As mentioned above, all non-Jews are included in this prohibition.[21]
  3. It is a machlokes haposkim as to whether or not bread baked by an irreligious Jew would be prohibited.[22]
  4. 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".[23] However, in practice few poskim would rely on this on its own.[24]
  5. The Shulchan Aruch paskens that the prohibition depends on who baked the bread, and not on who sold the bread.[25] Therefore, a baal habayis who sells bread baked by a baker has the status of pas paltar, and vice versa.

When Pas Yisroel is Unavailable

  1. When there is no pas yisroel available, the Shulchan Aruch quotes two opinions[26] as to whether or not one would be allowed to eat only pas paltar or even pas ba'al habayis.[27] The Rama[28] 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.[29]
  2. 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.[30] 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[31], but most poskim are lenient.[32]
  3. 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.[33]
  4. 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.[34]
  5. Someone who is on the road without pas yisroel would have to travel a distance[35] as far as four mil before he would be allowed to eat pas paltar (according to the Shulchan Aruch),[36] and one does not have to travel in the opposite direction in order to get to pas yisroel.[37]

What Breads and Foods are Included

  1. Only bread made from "The Five Grains" is included in the laws of pas akum; anything else falls under the category of Bishul Akum.[38]
  2. When a food is a combination of bread and something else, such as egg, then we follow the ikkar[39], but if the egg is still visible as a separate entity, such as in the case of French Toast, then the food as a whole will be subject to the rule of Bishul Akum as well.[40]
  3. Included in foods that are bread for the purpose of bishul akum is anything that would have the bracha of Hamotzi if eaten as a meal, such as cake.[41]
  4. Bagels are included in pas akum and not in Bishul Akum because even though they are boiled before being baked, they are not made edible by the boiling.[42]
  5. Although there is a leniency applicable to Bishul Akum, that if the food is "not fit for a king's table" it would be permissible, most poskim[43] believe that this is not applicable to bread, and so even low-quality breads are included in the prohibition. [44]

Involvement of a Jew in the Baking

Links

Sources

  1. ↑ 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.
  2. ↑ cf. Rashi Avodah Zarah 35b "shelakos" and Rambam Peirush Hamishnah Avodah Zarah 2:6. 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
  3. ↑ Such as where the non-Jewish baker doesn't have daughters. Rama Y.D. 112:1 quoting the Rashba.
  4. ↑ Pri Megadim Sifsei Daas 112:2, Darchei Teshuva 112:4
  5. ↑ Mishnah Avodah Zarah 2:3-6
  6. ↑ 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.
  7. ↑ 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
  8. ↑ 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.
  9. ↑ Bach to Tur Y.D. 112, Rama in Sefer Toras Chatas 75, Gra Y.D. 112:7-8, Kitzur Shulchan Aruch 38:1
  10. ↑ Rambam Hilchos Maachalos Asuros 17:12, Ramban, Ran and Rashba to Avodah Zarah 35b
  11. ↑ 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)
  12. ↑ Shach 112:8, Aruch Hashulchan 112:9, 112:17, Chochmas Adam 65:2 and Chelkes Binyomin 112:23.
  13. ↑ 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.
  14. ↑ Darchei Teshuva 112:94
  15. ↑ 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
  16. ↑ 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 suggested, based on Ramban, that being careful about pas yisrael was a custom of talmidei chachamim.
  17. ↑ Magen Avraham O.C. 242:4
  18. ↑ This is the opinion of the Rama 112:2 based on the Beis Yosef and Rashba (see Gra 112:9), although the Tur's language suggests that he might believe that it depends upon whether or not the non-Jew is baking the bread en masse or not. Shach 112:11 writes that even the bread that a professional commercial baker baked for himself would be included in the prohibition.
  19. ↑ Rama 112:3 quoting Ra"ah in Bedek HaBayis. However, the Shach 112:12 points out that the Rashba disagrees, and if the Shulchan Aruch is consistent in believing that the prohibition depends on the status of the bread when it was baked, and not when it is sold, then this case should be permitted. Nekudos HaKesef, however, points out that perhaps even if normally the prohibition depends on the time when the bread was baked, this case is too similar to the case of a non-Jew baking the bread for himself.
  20. ↑ Kaf Hachayim 112:46
  21. ↑ Rama Y.D. 112:1 quoting the Rashba, Pri Megadim Sifsei Daas 112:2, Darchei Teshuva 112:4
  22. ↑ Pischei Teshuva Y.D. 112:1 is lenient because one would be allowed to marry his daughter, but the Kitzur Shulchan Aruch 72:2 writes 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, Kaf Hachaim Y.D. 112:11, Igros Moshe Y.D. 1:45, Shut M’Bais Levi 8:page 23:footnote 2, Yabea Omer Y.D. 5:10, Chelkes Binyomin 112:4, and OU document A-133. Also refer to Bishul Yisroel pages 412-413.
  23. ↑ 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
  24. ↑ 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
  25. ↑ 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.
  26. ↑ Yoreh De'ah 112:2 and 112:8
  27. ↑ 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.
  28. ↑ 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
  29. ↑ This is clear from Shu"t Rama 132:8, cf. Chelkas Binyamin Biurim pg. 58
  30. ↑ Shulchan Aruch Y.D. 112:4
  31. ↑ Between the Rashba Toras Ha-Bayis and Ra"ah in Bedek Habayis, page 185
  32. ↑ Shach 112:13 and Chelkas Binhyamin 112:40, as long as the bread was bought while it was permitted
  33. ↑ 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
  34. ↑ 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.
  35. ↑ 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
  36. ↑ Shulchan Aruch 112:16 and Mishnah Berurah Orach Chayim 603:1
  37. ↑ Pri Chadash 112:28, Darchei Teshuva 112:95
  38. ↑ As implied by Brachos 37a. Rosh (Teshuvos) 19:21, Tur and Shulchan Aruch 112:1
  39. ↑ Tosafos and Rashba to Avodah Zarah 35b
  40. ↑ Rama 112:6 and Aruch Hashulchan 112:21, though see Pri Megadim there who implies that only if the egg is mixed in afterwords would there be a problem of Bishul Akum, and not if they were cooked together. Regarding French toast in particular, Rav Belsky paskened in OU Document A-63 that the eggs are certainly separate enough to be considered "be'en", even though the OU is lenient regarding white bread, which has an egg-glaze, because the glaze is so thin that it is barely recognizable at all.
  41. ↑ Beis Meir to Rama 112:6
  42. ↑ Iggerot Moshe YD 2:33
  43. ↑ with the exception of Avnei Nezer YD 1:92
  44. ↑ Pri Megadim Mishbetzos Zahav 112:3 and see the sources quoted by Chelkas Binyamin 112:12 in the biurim
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