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Tevilat Keilim: Difference between revisions
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→If One Didn't Immerse a Utensil
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# A utensil may not be used, even once, before it is immersed in a mikva. <Ref> Rema Y.D. 120:8, Rambam Hilchot Maachalot Asurot 17:3. While the Chatam Sofer YD 114 writes that this prohibition is from the Torah, the Yeshuot Yaakov 120:1 holds this is only dirabanan. </ref> | # A utensil may not be used, even once, before it is immersed in a mikva. <Ref> Rema Y.D. 120:8, Rambam Hilchot Maachalot Asurot 17:3. While the Chatam Sofer YD 114 writes that this prohibition is from the Torah, the Yeshuot Yaakov 120:1 holds this is only dirabanan. </ref> | ||
# One, who for whatever reason, is unable to immerse a utensil which is urgently needed should give the item to a Gentile as a gift and then borrow it back from him. <Ref> Rama Y.D. 120:16 </ref> | # One, who for whatever reason, is unable to immerse a utensil which is urgently needed should give the item to a Gentile as a gift and then borrow it back from him. <Ref> Rama Y.D. 120:16 </ref> | ||
# If foods were placed upon or served with utensils which were not immersed in a mikva, it does not render the food non-kosher, <ref> Yerushalmi Avoda Zara 5:15 and Tosafot and Rosh (Avoda Zara 75b), as well as Ramban, Rashba and Ran there, Rema Y.D. 120:16, Beiur Halacha 323 </ref>though one should not eat off such utensils. <Ref> Igrot Moshe 3:22, Shu"t Yechave Daat 4:44 </ref> However, some are lenient to eat in a restaurant where the utensils are not dipped.<ref> Darkei Teshuva 120:70, Shu"t Yechave Daat 4:44. This is based on Beit Yosef 120:8, where he writes that if somebody buys utensils for business purposes, and then lends them out to someone who will be using them for eating, the borrower need not dip them, and the Pri | # If foods were placed upon or served with utensils which were not immersed in a mikva, it does not render the food non-kosher, <ref> Yerushalmi Avoda Zara 5:15 and Tosafot and Rosh (Avoda Zara 75b), as well as Ramban, Rashba and Ran there, Rema Y.D. 120:16, Beiur Halacha 323 </ref>though one should not eat off such utensils. <Ref> Igrot Moshe 3:22, Shu"t Yechave Daat 4:44 </ref> However, some are lenient to eat in a restaurant where the utensils are not dipped.<ref> Darkei Teshuva 120:70, Shu"t Yechave Daat 4:44. This is based on Beit Yosef 120:8, where he writes that if somebody buys utensils for business purposes, and then lends them out to someone who will be using them for eating, the borrower need not dip them, and the Pri Chadash 120:22 and Aruch Hashulchan 120:43 agree with the Shulchan Aruch on that, even though other acharonim (including the Shach and Taz) disagree. | ||
Regarding the restaurant owner himself, Rav | * Regarding the restaurant owner himself, Rav Shlomo kluger (tuv taam vidaat 3:23) says that a restaurant owner doesn't need to dip, unless most of his customers will be Jewish. Yechave Daat 4:44 is lenient on this as well, even if most of the customers are Jewish, even for metal utensils.</ref> | ||
# Kosher food which was cooked in utensils which were not immersed in a mikva but is then served on dishes that were (or disposable dishes) may be eaten without hesitation. | # Kosher food which was cooked in utensils which were not immersed in a mikva but is then served on dishes that were (or disposable dishes) may be eaten without hesitation.<Ref> Rama Y.D. 120:16, Igrot Moshe Y.D. 2:41 </ref> | ||
===If a Pot Got Mixed up with Others=== | |||
# If one has utensils that a majority of them had tevilat kelim and one that didn't have tevilat kelim got mixed in and it isn't discernible which didn't have tevilah, one should do tevilat kelim on all of them. If it would be a major exertion of effort ask one's rabbi as there might be what to rely on.<ref>The Teshurat Shay 2:104 writes that if a store bought utensils made by Jews and also utensils made by non-Jews and the majority are from the Jews then still the utensils need tevilat kelim. His reasoning is that it is a dvar sheyesh lo matirin since they can be put in the mikveh (similar to Shulchan Aruch YD 102:3). Even though the Maharshal Chullin 8:86 says that there's no dvar sheyesh lo matirin if an action is necessary that is qualified by the fact that nedarim are a dvar sheyesh lo matirin. Since nullifying a neder is a mitzvah it is a dvar sheyesh lo matirin even though it is an action. So too, to dip utensils in the mikveh is a mitzvah. Anyway, the Maharshal is against the Rashba Torat Habayit Haaruch 12b and Torat Habayit Hakatzar 8a, Shulchan Aruch 102:2, and Shach 102:8. [http://www.hebrewbooks.org/pdfpager.aspx?req=37782&st=&pgnum=263 Ruach Chaim YD 122:1] comes to the same conclusion. Halichot Olam v. 7 p. 276 and Darkei Teshuva 122:36 quote these poskim. (See Mayan Omer v. 4 p. 404 who quotes Rav Ovadia that it was only glass then one wouldn't need to actually dip it in a mikveh. In the footnote he discusses it potentially not being a dvar sheyesh lo matirin in light of the Tzlach Pesach 9b.) Nonetheless, it wouldn't be considered a dvar sheyesh lo matirin if it would cost a lot of money to do the tevilat kelim (Shulchan Aruch 102:3). Additionally, in general, Badei Hashulchan 102:33 quotes the Pri Chadash and Chayei Adam that if someone would require a great deal of effort to do it wouldn't be considered a dvar sheyesh lo matirin.</ref> | |||
# If a utensil from a Jew is mixed into a majority of utensils from non-Jews there is an obligation to do tevilat kelim with a bracha. If one is only doing the tevilat kelim on one of the utensils at one time one wouldn't recite a bracha.<ref>Teshurat Shay 2:104 writes that if the majority of the utensils are from non-Jews there is an obligation to do tevilat kelim on all of the utensils. He adds that there’s no bracha for the one which was originally from a Jew since we don’t follow rov for brachot (Zachor Lavraham OC 3:60 s.v. eych). Also, since it is a dvar sheyesh lo matirin bitul is ineffective (see Magen Avraham 513:13 quoting the Maharshal). However, there is still a bracha for the ones that are from a non-Jew.</ref> | |||
==Links== | ==Links== | ||
