Halachipedia - User contributions [en]

Non-Jewish Food Vendors

2019-07-16T00:43:16Z

Yonatanf89: /* Buying Meat From Non-Jews */

Non-Jewish Food Vendors

2019-07-16T00:41:58Z

Yonatanf89: /* Buying Meat From Non-Jews */

Non-Jewish Food Vendors

2019-07-16T00:41:46Z

Yonatanf89: /* Nowadays */

Non-Jewish Food Vendors

2019-07-16T00:41:27Z

Yonatanf89:

Kosher Food Packaging for Deliveries

2019-07-16T00:35:53Z

Yonatanf89: /* How Many Seals are Needed? */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

#There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.
#Ashkenazim hold that after the fact, only one seal is needed if the food was delivered by a non-Jew.<ref>Tosfot Avoda Zara 31a s.v. damar quotes Rabbenu Tam as holding that for a non-Jew one seal is sufficient two seals are only necessary for a non-religious Jew. Ramban Avoda Zara 31a s.v. umafteach and Rashba 31a s.v. echad disagree with Rabbenu Tam. Ramban argues that the Rif and Bahag agree with him. Meiri 31a implies that the majority don't follow Rabbenu Tam. Nemukei Yosef Avoda Zara 31a cites Rabbenu Tam. Raah 31a distinguishes between food left in the property of a non-Jew that requires two seals but not if it is in the property of a Jew. Rama 118:1 follows the Rabbenu Tam after the fact based on the Iser Vheter 22:11. However, Shulchan Aruch Y.D. 118:1 rejects the opinion of Rabbenu Tam. Kaf Hachaim 118:21 writes that Rabbenu Tam isn't accepted even for a major loss but it could be used for a factor to be lenient together with other reasons.</ref>

==Types of Effective Seals==
===Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

=== Signing With Two Letters ===

# It is considered two seals if a Jew signs or writes two letters across the closures of a package.<ref>Ran Avoda Zara 11a, Shulchan Aruch Y.D. 118:3</ref>

=== Locks ===

# A seal and a lock is like two seals, but one lock isn't even like one seal.<ref>Ran Avodah Zara 11a, Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some authorities recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

===Using Nails on Wooden or Metal Boxes===

#If you get food delivered in a wooden or metal box, and the cover is attached with nails- that is considered a seal, because it is very hard to open that type of closure.<ref>Aruch HaShulchan Y.D. 118:19</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some authorities maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some authorities.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==

#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==

#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==

#In places where the Jews eat bread made by non-Jews, then some say it is permitted to eat bread sent to you through a non-Jewish delivery-man with no seals.<ref>Shach Y.D. 118:10</ref> However, some disagree with that position.<ref>Pri Chadash Y.D. 118:9.</ref>
#If the bread in questions seems to have things inside it which are not permitted to eat if they were delivered to you by a non-Jewish delivery man, then the appropriate number of seals are required according to everyone.<ref>Sefer Bein Yisrael LNachri 17:16</ref>

==Sources==
<references />
[[Category:Kashrut]]

Non-Jewish Food Vendors

2019-07-16T00:35:25Z

Yonatanf89: /* Packaging for Delivery */

Kosher Food Packaging for Deliveries

2019-07-16T00:24:45Z

Yonatanf89: /* How Many Seals are Needed? */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

# There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

==Types of Effective Seals==
===Using Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some authorities recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

===Using Nails on Wooden or Metal Boxes===

#If you get food delivered in a wooden or metal box, and the cover is attached with nails- that is considered a seal, because it is very hard to open that type of closure.<ref>Aruch HaShulchan Y.D. 118:19</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some authorities maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some authorities.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==

#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==

#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==

#In places where the Jews eat bread made by non-Jews, then some say it is permitted to eat bread sent to you through a non-Jewish delivery-man with no seals.<ref>Shach Y.D. 118:10</ref> However, some disagree with that position.<ref>Pri Chadash Y.D. 118:9.</ref>
#If the bread in questions seems to have things inside it which are not permitted to eat if they were delivered to you by a non-Jewish delivery man, then the appropriate number of seals are required according to everyone.<ref>Sefer Bein Yisrael LNachri 17:16</ref>

==Sources==
<references />
[[Category:Kashrut]]

Non-Jewish Food Vendors

2019-07-16T00:14:04Z

Yonatanf89: /* Packaging for Delivery */

[[Image:Kosher Tape.jpg|250px|right]]

==General==

#From the Torah law, any time a piece of meat is found and one is unsure whether it is kosher or not, one may rely on majority. If majority of the butchers in town sell kosher meat, then one may presume that it is kosher. However, the Rabbis forbid any piece of meat that wasn't kept in sight of a Jew except in certain cases. <ref>Shulchan Aruch YD 63:1</ref>
#If a piece of kosher meat left one's eyesight it is presumed to be non-kosher unless it has a unique identifying mark, one recognizes its look and one is certain that it is the same piece of meat, or it was wrapped and sealed. <ref>Shulchan Aruch YD 63:1, Yalkut Yosef YD 63:2</ref>

==Nowadays==

#The Ashkenazic minhag is that anytime one leaves a piece of meat and finds it in the same place that one left it, it is presumed to be kosher. <ref>Rama YD 63:2 writes that the minhag is to assume that as long as the piece of meat is in the same place as it was earlier, it is the same piece of kosher meat. Be'er Heitiv YD 63:6 cites a dispute between the Shach who follows the Rama and the Taz who is even more lenient. Aruch HaShulchan YD 63:9 also rules like the Rama.</ref>
#For Sephardim, if one left meat in one's house and one's windows are closed so that birds can't come in, or if the meat was covered and remained covered, it is kosher. <ref>Yalkut Yosef YD 63:1</ref>

==Packaging for Delivery==

#Meat, fish, and uncooked wine need two seals if sent with a non-Jew. Cooked wine, milk, cheese, bread, or anything that is only of rabbinic concern only needs one seal if sent with a non-Jew.<ref>Gemara Avoda Zara 39a records the distinction of Rav between meat, fish, wine, and techelet which need two seals as opposed to milk, cheese, and bread which only need one. Rashi 39b s.v. asurin explains that the first category are expensive things and there's a higher concern that the non-Jew switched them. Rashba (Torat Habayit Haaruch 28a) explains that Rav's distinction depended on whether the food was of Biblical concern or rabbinic. Finally, the Ran Avoda Zara 16a s.v. chavit says that if there was a concern that the food itself would be non-kosher two seals are necessary but if the concern if only if non-kosher was mixed in or that it is only a rabbinic concern one seal is sufficient. Shulchan Aruch Y.D. 118:1 adopts the explanation of the Rashba. Shach 118:3 agrees.</ref>
#Ashkenazim hold that after the fact anything sent by a non-Jew only needs one seal.<ref>Tosfot Avoda Zara 31a s.v. damar quotes Rabbenu Tam as holding that for a non-Jew one seal is sufficient two seals are only necessary for a non-religious Jew. Ramban Avoda Zara 31a s.v. umafteach and Rashba 31a s.v. echad disagree with Rabbenu Tam. Ramban argues that the Rif and Bahag agree with him. Meiri 31a implies that the majority don't follow Rabbenu Tam. Nemukei Yosef Avoda Zara 31a cites Rabbenu Tam. Raah 31a distinguishes between food left in the property of a non-Jew that requires two seals but not if it is in the property of a Jew. Rama 118:1 follows the Rabbenu Tam after the fact based on the Iser Vheter 22:11. However, Shulchan Aruch Y.D. 118:1 rejects the opinion of Rabbenu Tam. Kaf Hachaim 118:21 writes that Rabbenu Tam isn't accepted even for a major loss but it could be used for a factor to be lenient together with other reasons.</ref>
#Putting two letters across the seal of a package is sufficient to classify as two seals.<ref>Ran Avoda Zara 11a, Shulchan Aruch Y.D. 118:3</ref>
#A seal and a lock is like two seals, but one lock isn't even like one seal.<ref>Ran Avoda Zara 11a, Shulchan Aruch Y.D. 118:4</ref>

===Hired Delivery Man===

#If a delivery man, non-Jewish or Jewish but not religious, is hired by a store he can be trusted to honestly delivery the food and not switch the food since he is afraid of loosing his job if he were found to be switching the food.<ref>Shevet Hakehati 3:228 quoting Rav Shlomo Zalman Auerbach, Yalkut YosefIsur Vheter v. 1 p. 139</ref>

==Kosher Food Left with a Non-Jew==

#Some rishonim hold that only a delivery needs two seals but if someone left kosher food with a non-Jew one seal is sufficient. After the fact this opinion can be relied upon for a great loss.<ref>Tosfot Avoda Zara 31a s.v. damar write that one seal is enough if someone left kosher food with a non-Jew and turns to find it the same as he left it. Ran Avoda Zara 11a favors the opinion of Tosfot but he notes that the Rif, Rambam, and Bahag disagree with this approach. Pri Chadash 118:14 accepts Tosfot as primary. Shulchan Aruch 118:1 quotes the majority opinion as anonymous and Tosfot as an individual opinion. Kaf Hachaim 118:17 writes that for a great loss we could rely on Tosfot.</ref>

==Kosher Pots Left with a Non-Jew==

#A person shouldn't leave kosher pots with a non-Jew otherwise there is a concern that they used the kosher pots for non-kosher food.<ref>Shulchan Aruch and Rama Y.D. 122:9</ref> To avoid this issue one could either
##leave for less than 18 minutes or not let the non-Jew know that you are leaving for more than 18 minutes and they think you might return at any moment,<ref>Shach 122:9</ref>
##designate pots for the non-Jew so that they can use their own pots and won't have to use the kosher pots.<ref>Tosfot Avoda Zara 12a s.v. vshadi writes that we're not concerned that the non-Jew will intentionally take something from a Jew unless he stands to benefit. Minchat Asher YD 2:51 s.v. vnireh writes if a non-Jew has pots designated for them we can assume that they used those and there's no concern that they used the kosher pots that they were not supposed to use.</ref>
#After the fact if one left one's kosher pots with a non-Jew such as with a maid for more than 18 minutes the kosher might have been made non-Kosher. As such one shouldn't use them for 24 hours but afterwards one can use them without kashering them.<ref>Rama 122:9, Igrot Moshe 1:61</ref> Other poskim hold that after the fact the pots can be used immediately.<ref>Minchat Asher YD 2:51</ref>

==Sources==
<references />
[[Category:Kashrut]]

Kosher Food Packaging for Deliveries

2019-07-16T00:12:29Z

Yonatanf89: /* Using Nails */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

==Types of Effective Seals==
===Using Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some authorities recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

===Using Nails on Wooden or Metal Boxes===

# If you get food delivered in a wooden or metal box, and the cover is attached with nails- that is considered a seal, because it is very hard to open that type of closure.<ref>Aruch HaShulchan Y.D. 118:19</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some authorities maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some authorities.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==

#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==

#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==

#In places where the Jews eat bread made by non-Jews, then some say it is permitted to eat bread sent to you through a non-Jewish delivery-man with no seals.<ref>Shach Y.D. 118:10</ref> However, some disagree with that position.<ref>Pri Chadash Y.D. 118:9.</ref>
#If the bread in questions seems to have things inside it which are not permitted to eat if they were delivered to you by a non-Jewish delivery man, then the appropriate number of seals are required according to everyone.<ref>Sefer Bein Yisrael LNachri 17:16</ref>

==Sources==
<references />
[[Category:Kashrut]]

Kosher Food Packaging for Deliveries

2019-07-16T00:10:12Z

Yonatanf89: /* Using Nails */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

==Types of Effective Seals==
===Using Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some authorities recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

===Using Nails===

# If you get food delivered in a wooden or metal box, and the cover is attached with nails- that is considered a seal, because it is very hard to open that type of closure.<ref>Aruch HaShulchan Y.D. 118:19</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some authorities maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some authorities.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==

#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==

#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==

#In places where the Jews eat bread made by non-Jews, then some say it is permitted to eat bread sent to you through a non-Jewish delivery-man with no seals.<ref>Shach Y.D. 118:10</ref> However, some disagree with that position.<ref>Pri Chadash Y.D. 118:9.</ref>
#If the bread in questions seems to have things inside it which are not permitted to eat if they were delivered to you by a non-Jewish delivery man, then the appropriate number of seals are required according to everyone.<ref>Sefer Bein Yisrael LNachri 17:16</ref>

==Sources==
<references />
[[Category:Kashrut]]

Kosher Food Packaging for Deliveries

2019-07-16T00:08:23Z

Yonatanf89: /* Types of Effective Seals */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

==Types of Effective Seals==
===Using Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some poskim recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

===Using Nails===
If you get food delivered in a wooden or metal box, and the cover is attached with nails- that is considered a seal, because it is very hard to open that type of closure.<ref>Aruch HaShulchan Y.D. 118:19</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some poskim maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some poskim.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==
#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==
#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==
#In places where the Jews eat bread made by non-Jews, then some say it is permitted to eat bread sent to you through a non-Jewish delivery-man with no seals.<ref>Shach Y.D. 118:10</ref> However, some disagree with that position.<ref>Pri Chadash Y.D. 118:9.</ref>
#If the bread in questions seems to have things inside it which are not permitted to eat if they were delivered to you by a non-Jewish delivery man, then the appropriate number of seals are required according to everyone.<ref>Sefer Bein Yisrael LNachri 17:16</ref>

==Sources==
<references />
[[Category:Kashrut]]

Kosher Food Packaging for Deliveries

2019-07-11T01:47:03Z

Yonatanf89: /* Bread Delivered by a Non-Jew */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

==Types of Effective Seals==
===Using Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some poskim recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some poskim maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some poskim.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==
#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==
#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==
#In places where the Jews eat bread made by non-Jews, then some say it is permitted to eat bread sent to you through a non-Jewish delivery-man with no seals.<ref>Shach Y.D. 118:10</ref> However, some disagree with that position.<ref>Pri Chadash Y.D. 118:9.</ref>
#If the bread in questions seems to have things inside it which are not permitted to eat if they were delivered to you by a non-Jewish delivery man, then the appropriate number of seals are required according to everyone.<ref>Sefer Bein Yisrael LNachri 17:16</ref>

==Sources==
<references />
[[Category:Kashrut]]

Kosher Food Packaging for Deliveries

2019-07-11T01:44:31Z

Yonatanf89: /* Butter Delivered by a Non-Jew */

==General==

#Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref>Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. Shulchan Aruch Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
#The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
#In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref>This is known as ''Teviyat Ayin'', defined by [http://www.star-k.org/articles/articles/1131/its-a-siman-that-its-kosher-avoiding-bosor-shenisalaim-min-hoayin/ Rabbi Moshe Heineman] from Star-K as, "if a Jew can recognize that this is the original piece of meat or poultry that was previously known to be Kosher, and[it] can be clearly identified without any question."</ref>, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
#This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
#Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>

==How Many Seals are Needed?==

There is a disagreement among Medieval Rabbis about how to understand a seeming contradiction in Rav's opinion<ref>Avodah Zarah 31a and Avodah Zarah 39a-b</ref>regarding the number of seals which are needed.<ref name=":0">Rabbeinu Tam and Rashba on Avodah Zarah 39a say that the distinction is that if one is using a non-Jewish delivery person, then one seal is needed, but if one was using a delivery person who is a Jew who is suspect to eat non-Kosher food, then two seals are needed. Tosfot on Avodah Zarah 39a says that the distinction is that if you are using a non-Jewish messenger, but you can see the product on both sides of his delivery, then only one seal is needed. However, according to Tosfot, if there are different Jewish people on the two ends of the delivery, then two seals are needed. Rambam in Hilchot Maachalot Asurot 13:10, Aruch HaShulchan Y.D. 118:2, and Shach Y.D. 118:3 says that the distinction is about what food products are being sent and what level the concern about their Kashrut reaches. To the Rambam and the others listed here, if the food presents a DiOrayta Kashrut concern, two seals are needed. If, however, the food only presents a DiRabbanan concern, only one seal is needed.</ref> The Shulchan Aruch holds that if the food presents Kashrut concerns on a DiOrayta level, then two seals are needed. However, other food would only require one seal.<ref>Shulchan Aruch Y.D. 118:1</ref> The Shulchan Aruch nevertheless cites other opinions which are more stringent when it comes to which situations require two seals.

==Types of Effective Seals==
===Using Unique Knots===

#Two uncommon knots which are tied around a package could be considered two seals, however two regular knots would not count as two seals.<ref>Shulchan Aruch Y.D. 130:5. The Taz Y.D. 130:8 explains that simple and common knots are too easy to untie and tie again, so there is not a sure enough guarantee that the food has not been tampered with by the delivery person</ref> Some say, however, that if the first knot is uncommon, then even if the second knot is common the combination of the two would be considered two seals.<ref>Sefer Bein Yisrael LNachri Y.D. 17:21</ref>
#If you have a unique seal on a package of some kind (which is distinct from the usual way to seal the type of package in question), then adding a knot<ref>Or a wax seal.</ref> on top of the box is sufficient to establish this package as doubly-sealed.<ref>Shulchan Aruch Y.D. 118:4</ref>

===Sealing Bottles Effectively===

#Bottles that are closed strongly with a cork or another type of cap which cannot be opened without a special tool (bottle-openers, corkscrews, etc.) are considered to have one seal. Adding a clay seal on top of the cork would be considered the second seal.<ref>Kaf HaChaim Y.D. 118:24, Aruch HaShulchan Y.D. 118:18.</ref>
#Bottles for drinks that do not need two seals (milk, juice, lemonade, etc.) may be sent with a non-Jew with only a single seal.<ref>Aruch HaShulchan Y.D. 118:18</ref>
#Some poskim hold that you can seal a bottle loosely and then fasten a clay seal on top of that in order to render its one seal. However, some poskim recommend being stringent.<ref>Kaf HaChaim Y.D. 118:24</ref>

==Wine Delivered by a non-Jew==

#In general, there is a disagreement about whether wine would require one seal or two.<ref name=":0" /> However, some poskim maintain that nowadays everyone would agree that wine always only needs one seal.<ref>Taz Y.D. 118:4 and Kaf HaChaim Y.D. 118:24. The reasoning is that non-Jews are not suspected to be idol worshipers nowadays.</ref>
#If you want to send cooked wine or wine which is flavored with honey or another similar additive, then perhaps you will only need one seal, as the wine is extra identifiable. However, some suggest that this leniency would only apply if the delivery person is informed about the uniqueness of the wine.<ref>Aruch HaShulchan Y.D. 123:4</ref> If the delivery person is not aware of the uniqueness of the wine, then there would not be any additional factors in this situation which would inhibit the delivery person from tampering with the wine. However, after the fact, if the non-Jew did not know the state of the wine when they were delivering it, then the wine is still considered Kosher according to some poskim.<ref>Sefer Bein Yisrael LNachri 17 note 13.</ref>

==Meat Products Delivered by a Non-Jew==
#If the shape of the slices of meat are distinguishable due to a specially shaped cut or a there is a special string strung through the meat which you know as a sign of Kashrut, then you can eat such meat when it is delivered to you by a non-Jew.<ref>Shulchan Aruch Y.D. 118:5</ref>
#If a non-Jew delivered you several pieces of meat and some had Kosher-signs and some did not, if there is reason to think that some were switched then the ones without Kosher-signs are forbidden.<ref>Rama Y.D. 118:5</ref> This would be true even if all the pieces of meat in question were in a bag together with a single seal.<ref>Kaf HaChaim Y.D. 118:64</ref>
#If you got a piece of thigh meat delivered by a non-Jew, and it is cut in such a way that makes it clear that only a Jewish butcher could have slaughtered this piece of meat (because the sciatic nerve is removed seamlessly) then no seal is needed, because this is an absolute sign of Kosher meat.<ref>Pri Toar Y.D. 188:8</ref>
#Consider a case where someone sent a bird with a non-Jewish messenger to get slaughtered in a Kosher way. If the delivery person comes back with a slaughtered bird, it is okay to eat if you can identify something unique about the bird which assures you that this bird was yours previously.<ref>Minchat Yaakov Klal 32:40, cited in Bein Yisrael LNachri 17:10.</ref>
##If, however, you send the non-Jew with money for the Shechita, or the place of Shechitta is very far away, then it is not okay to eat the bird that he the delivery person comes back with, as he would have great motivation to slaughter the animal himself, pocket the money, and avoid the long travels.<ref>Shach Y.D. 118:26</ref>

==Butter Delivered by a Non-Jew==
#After the fact, you can eat butter delivered to you by a non-Jewish messenger even if it doesn't have any seals.<ref>Teshuvot Mahari HaLevi Y.D. 14, quoting the Taz Y.D. 127:7.</ref>
#However, if there is a reason to expect that there are problems more severe with the butter than just ‘Milk of a non-Jew,’ then the butter must have a seal for it to maintain its Kashrut when it is sent with a non-Jew.<ref>Teshuvot Mahari HaLevi Y.D. 14</ref>

==Bread Delivered by a Non-Jew==

==Sources==
<references />
[[Category:Kashrut]]

Kosher Food Packaging for Deliveries

== General ==

# Meat, and, in general, other food that is out of a Jew's sight for a certain amount of time no longer retains its status as Kosher.<ref name=":0">Chullin 95a, in the name of Rav. Rashi ad. loc explains that the time period in question is an hour. The Ritva ad. loc says that the period of time is actually a relatively short amount of time. S"A Y.D. 63:1</ref> This fundamental principle is called [[Kosher Packaging for Deliveries and Kosher Food Left with a Non-Jew|Basar SheNitalem Min Haayin]], and it can be applied to cases when a Jew sends food to another Jew using a non-Jewish delivery person.
# The concern is rooted in our inability to know the motivations for the non-Jews to possibly switch the Kosher food for non-Kosher equivalents. We thus would prefer the food to be watched by a Jew from the time of its production until its consumption.
# In order to assuage our need for the food to be as if it is watched constantly, we rely upon either ''Simanim'' (clear symbols)<ref>Chullin 95a, see Rashi ad. loc</ref>, a Jew being able to identify this object as being exactly the piece of food that they knew to be Kosher previously<ref name=":0" />, or, most significantly, ''Tzarur v'Chatum'' - ensuring that the meat or other food is wrapped, packaged or sealed (either once or twice, depending on the situation.
# This concern applies to rich delivery persons as well as it does to poor ones.<ref>Shu"t HaRadbaz 4:1</ref>
# Leaving a deposit of food with a non-Jew is considered with the same analysis as cases with a non-Jewish delivery person.<ref>S"A Y.D. 118:1</ref>
#

2019-06-28T00:07:43Z

Yonatanf89: nothing.

==General==

#Using an item that belongs to someone else without his permission is considered stealing.<ref>Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref>Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref>see Halachos of Other People's Money pg. 53 note 128-ב </ref>
#Even using the item of a non-Jew or a minor without their permission is considered stealing. <ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children.
#According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. [[#Stealing_from_a_Family_Member_or_Close_Friend|see Stealing from a Family Member or Close Friend]] for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.<ref>Halachos of Other People's Money pg. 56</ref>
#This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission<ref>Halachos of Other People's Money pg. 56-57 and note 134 there citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29. </ref>
#Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.<ref>Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden </ref> If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref>

==Parking==

#If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.<ref>Halachos of Other People's Money pg. 58</ref>
#If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref>
#It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref>Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref>

==Possible Exceptions==

#It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. <ref>S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission </ref>However, if a significant minority would object, even if not the majority, it may not be used without permission.<ref>S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60 </ref> Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.<ref>Halachos of Other People's Money pg. 60 note 145, Maharsham 227 </ref> Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.<ref>Halachos of Other People's Money pg. 60</ref>
#If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.<ref>Halachos of Other People's Money pg. 61 </ref>

===Mitzva===

#If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.<ref>Halachos of Other People's Money pg. 61, Shulchan Aruch OC 14:4 </ref> <br>
##see [[Details_About_the_Tefillin_Boxes_and_Straps#Borrowing_Tallit_or_Tefillin|Borrowing Tallit or Tefillin]], [[Respecting_Holy_Books#Borrowing_a_Sefer_without_Permission|Borrowing a Sefer without Permission]], [[Rosh_Hashana#Borrowing_a_Shofar_without_Permission|Borrowing a Shofar without Permission]][[Building_the_Sukkah#Using_Someone_Else.27s_Sukkah_without_their_Permission|Using Someone Else's Sukkah without their Permission]] and [[Order_of_Taking_the_Four_Minim#Borrowing_without_Permission|Borrowing Four Minim without Permission]]
##However, there are instances where common sense dictates that the owner would not want you to borrow his item without asking for permission:
###if the borrower knows that the owner would object because he is very meticulous or stingy or the like.<ref>Halachos of Other People's Money pg. 62, Aruch Hashulchan 14:11 </ref>
###if the owner might need it for himself, it should not be taken without permission.<ref>Halachos of Other People's Money pg. 63</ref>
###The item may not be used on a regular basis.<ref>Halachos of Other People's Money pg. 63 based on Magen Avraham OC 14:7 and Mishna Brura 14:13, Shach CM 72:8</ref>
###The item should not be taken to a different place.<ref>Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13</ref>
###The item must be put back as found.<ref>Halachos of Other People's Money pg. 63 </ref>
###If the owner is present, the borrower should ask permission.<ref>Halachos of Other People's Money pg. 64 based on Mishna Brura 14:13</ref>

==Links==

*[https://www.ou.org/torah/halacha/business-ethics/choshen_mishpat_-_business_ethics_borrowing_without_permission/ Borrowing without Permission] by Rabbi David Grossman
*[http://nleresources.com/wp-content/uploads/2013/03/Shoel-Teachers-to-web-April-28-2013.pdf NLE Resources: Shoel]

==Sources==
<references />
[[Category:Choshen Mishpat]]