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Tevilat Keilim: Difference between revisions
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# One who is unsure whether or not one's utensils were purchased from a Jewish owned company should immerse them without reciting the accompanying blessing. <Ref> Igrot Moshe Y.D. 3:21 </ref> | # One who is unsure whether or not one's utensils were purchased from a Jewish owned company should immerse them without reciting the accompanying blessing. <Ref> Igrot Moshe Y.D. 3:21 </ref> | ||
# It is actually a matter of dispute amongst the authorities whether the mitzva of tevilat keilim has the status of a Torah commandment<ref>Rabbenu Tam (Tosfot Yoma 78a), Rashba (Torat Habayit Ha'aroch 125b) </ref> or a rabbinical one.<Ref> Ramban on Parashat Bamidbar 31:23. See Yabia Omer Y.D. 2:9 for a list of both opinions. </ref>Nevertheless, most halachic authorities treat tevilat keilim as a Biblical mitzva for all intents and purposes. <Ref> Aruch Hashulchan Y.D. 120:4, Sh”t Yechave Daat 4:44 </ref> All poskim agree that glass is only rabbinic.<ref> Pri Chadash 120:3 </ref> | # It is actually a matter of dispute amongst the authorities whether the mitzva of tevilat keilim has the status of a Torah commandment<ref>Rabbenu Tam (Tosfot Yoma 78a), Rashba (Torat Habayit Ha'aroch 125b) </ref> or a rabbinical one.<Ref> Ramban on Parashat Bamidbar 31:23. See Yabia Omer Y.D. 2:9 for a list of both opinions. </ref>Nevertheless, most halachic authorities treat tevilat keilim as a Biblical mitzva for all intents and purposes. <Ref> Aruch Hashulchan Y.D. 120:4, Sh”t Yechave Daat 4:44 </ref> All poskim agree that glass is only rabbinic.<ref> Pri Chadash 120:3 </ref> | ||
# One shouldn't dip utensils in snow. If there's no other available options one may dip glass utensils in a mikveh.<ref>Mordechai quotes the Rabbenu Shemaryahu who says that one may dip in a mikveh of snow even if it didn't melt. However, Rabbenu Eliezer argued. Bet Yosef YD 201:30 defended Rabbenu Shemaryahu but concludes that for Biblical halachot one shouldn't dip a utensil in snow. Pitchei Teshuva YD 120:4 cites the Chachmat Adam who writes that for an extenuating circumstances we can rely on the Rabbenu Shemaryahu to dip utensils in snow that isn't melted. [http://www. | # One shouldn't dip utensils in snow. If there's no other available options one may dip glass utensils in a mikveh.<ref>Mordechai quotes the Rabbenu Shemaryahu who says that one may dip in a mikveh of snow even if it didn't melt. However, Rabbenu Eliezer argued. Bet Yosef YD 201:30 defended Rabbenu Shemaryahu but concludes that for Biblical halachot one shouldn't dip a utensil in snow. Pitchei Teshuva YD 120:4 cites the Chachmat Adam who writes that for an extenuating circumstances we can rely on the Rabbenu Shemaryahu to dip utensils in snow that isn't melted. [http://www.toratemetfreeware.com/online/f_01599.html#HtmpReportNum0004_L2 Hilchot Taharat Kelim 5:7] agrees if the snow is collected in a pit.</ref> | ||
==Procedure of Tevilah== | ==Procedure of Tevilah== | ||
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* 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> | * 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.<Ref> Rama Y.D. 120:16, Igrot Moshe Y.D. 2:41 </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.<Ref> Rama Y.D. 120:16, Igrot Moshe Y.D. 2:41 </ref> | ||
# A guest in a home whose owner did not do tevilat kelim should not eat off the utensils but can pour the food onto plastic or paper utensils and eat the food.<ref>Sefer Tevilat Kelim 3:10 citing many poskim who hold that a guest using the utensils is like someone borrowing them and using them without tevilah.</ref> | |||
===If a Pot Got Mixed up with Others=== | ===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. Yabia Omer 2:9:3. (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> No bracha should be recited.<ref>Har Tzvi 93, Shevet Halevi 4:93. See however, Divrei Dovid 2:23 who argues that one should recite a bracha since we don't accept the Tzlach we hold that it is a dvar sheyesh lo matirin and as such it isn't batel and requires tevilah.</ref> | # 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. Yabia Omer 2:9:3. (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> No bracha should be recited.<ref>Har Tzvi 93, Shevet Halevi 4:93. See however, Divrei Dovid 2:23 who argues that one should recite a bracha since we don't accept the Tzlach we hold that it is a dvar sheyesh lo matirin and as such it isn't batel and requires tevilah.</ref> | ||
