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Pat Akum: Difference between revisions
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# A "non-Jewish baker" (''paltar'') in this context is anyone who baked bread with the intent to sell it, and not someone who happens to sell bread for a living.<ref>This is the opinion of the Rama 112:2 based on the Beis Yosef and Rashba (see Gra 112:9), although the Tur's language suggests that he might believe that it depends upon whether or not the non-Jew is baking the bread en masse or not. Shach 112:11 writes that even the bread that a professional commercial baker baked for himself would be included in the prohibition.</ref> Thus, if a baker invited a Jew to partake of his bread, it wouldn't be considered "pas paltar" and would be prohibited.<ref>Rama 112:3 quoting Ra"ah in Bedek HaBayis. However, the Shach 112:12 points out that the Rashba disagrees, and if the Shulchan Aruch is consistent in believing that the prohibition depends on the status of the bread when it was baked, and not when it is sold, then this case should be permitted. Nekudos HaKesef, however, points out that perhaps even if normally the prohibition depends on the time when the bread was baked, this case is too similar to the case of a non-Jew baking the bread for himself.</ref> Bread that was baked with the intention to give to guests is like bread that was meant to be sold, and has the status of "pas paltar".<ref>Kaf Hachayim 112:46</ref> | # A "non-Jewish baker" (''paltar'') in this context is anyone who baked bread with the intent to sell it, and not someone who happens to sell bread for a living.<ref>This is the opinion of the Rama 112:2 based on the Beis Yosef and Rashba (see Gra 112:9), although the Tur's language suggests that he might believe that it depends upon whether or not the non-Jew is baking the bread en masse or not. Shach 112:11 writes that even the bread that a professional commercial baker baked for himself would be included in the prohibition.</ref> Thus, if a baker invited a Jew to partake of his bread, it wouldn't be considered "pas paltar" and would be prohibited.<ref>Rama 112:3 quoting Ra"ah in Bedek HaBayis. However, the Shach 112:12 points out that the Rashba disagrees, and if the Shulchan Aruch is consistent in believing that the prohibition depends on the status of the bread when it was baked, and not when it is sold, then this case should be permitted. Nekudos HaKesef, however, points out that perhaps even if normally the prohibition depends on the time when the bread was baked, this case is too similar to the case of a non-Jew baking the bread for himself.</ref> Bread that was baked with the intention to give to guests is like bread that was meant to be sold, and has the status of "pas paltar".<ref>Kaf Hachayim 112:46</ref> | ||
# As mentioned above, all non-Jews are included in this prohibition.<ref>Rama Y.D. 112:1 quoting the Rashba, Pri Megadim Sifsei Daas 112:2, Pri Tohar on Shulchan Aruch 112:3, Darchei Teshuva 112:4. See Rav Chaim Kanievsky's commentary to Maseches Geirim 1:5, that according to Rabbi Akiva, even a convert cannot eat his own bread that he baked before converting.</ref> | # As mentioned above, all non-Jews are included in this prohibition.<ref>Rama Y.D. 112:1 quoting the Rashba, Pri Megadim Sifsei Daas 112:2, Pri Tohar on Shulchan Aruch 112:3, Darchei Teshuva 112:4. See Rav Chaim Kanievsky's commentary to Maseches Geirim 1:5, that according to Rabbi Akiva, even a convert cannot eat his own bread that he baked before converting.</ref> | ||
# It is a machlokes haposkim as to whether or not bread baked by an irreligious Jew would be prohibited.<ref>Pischei Teshuva Y.D. 112:1 quoting Tiferes LeMoshe is lenient because one would be allowed to marry his daughter as is Iggeros Moshe Y.D. 1:45, but the Pri Chodosh 112:2, Pri Megadim, and Kitzur Shulchan Aruch 72:2 all write that a Jew who does not keep Shabbos is considered like a non-Jew in this regard. See Maharam Shik O.C. 281, Darchei Teshuva 112:5, Avnei Nezer Y.D. 92 (who suggests that it might be prohibited to marry someone not-religious), Shut Yehudah Yaaleh 12, Minchas Yitzchak 3:72, Kaf Hachaim Y.D. 112:11, Mishneh Halachos 11:111, Shut M’Bais Levi 8:page 23:footnote 2, Titz Eliezer 9:41, Yabia Omer Y.D. 5:10, and Chelkes Binyomin 112:4. Also refer to Bishul Yisroel pages 412-413. Rav Shternbach in Halachos Ve'Hanhagos 1:470 writes that even though one must be stringent, in a sha'as hadechak one can eat the bread of someone who is merely a ''tinok shenishbah'', which he applies to anyone who was raised in a non-religious environment. Rav Schachter in OU document A-133 and Rav Asher Weiss in Minchas Asher Devarim no. 5 write that the custom has always been to be lenient.</ref> | # It is a machlokes haposkim as to whether or not bread baked by an irreligious Jew would be prohibited.<ref>Pischei Teshuva Y.D. 112:1 quoting Tiferes LeMoshe is lenient because one would be allowed to marry his daughter as is Iggeros Moshe Y.D. 1:45, but the Pri Chodosh 112:2, Pri Megadim, and Kitzur Shulchan Aruch 72:2 all write that a Jew who does not keep Shabbos is considered like a non-Jew in this regard. See Maharam Shik O.C. 281, Darchei Teshuva 112:5, Avnei Nezer Y.D. 92 (who suggests that it might be prohibited to marry someone not-religious), Shut Yehudah Yaaleh 12, Minchas Yitzchak 3:72, Kaf Hachaim Y.D. 112:11, Mishneh Halachos 11:111, Shut M’Bais Levi 8:page 23:footnote 2, Titz Eliezer 9:41, Yabia Omer Y.D. 5:10, and Chelkes Binyomin 112:4. Also refer to Bishul Yisroel pages 412-413.</ref> The minhag is to be lenient.<ref> Rav Shternbach in Halachos Ve'Hanhagos 1:470 writes that even though one must be stringent, in a sha'as hadechak one can eat the bread of someone who is merely a ''tinok shenishbah'', which he applies to anyone who was raised in a non-religious environment. Rav Schachter in OU document A-133 and Rav Asher Weiss in Minchas Asher Devarim no. 5 write that the custom has always been to be lenient. Rav Ovadia Yosef in Halichot Olam v. 7 p. 92 is lenient.</ref> | ||
# Some poskim have thought that because one would never recognize who baked his bread that was baked industrially in a factory, all commercially sold factory-made bread would not be categorized as "pas akum".<ref>Mesorah Journal vol. 1 pg. 95 and Rivevos Ephraim 5:596 both quote such a position in the name of R. Moshe Feinstein z"l</ref> However, in practice few poskim would rely on this on its own.<ref>Mesorah Journal vol. 1, Rivevos Ephraim 5:596, Minchas Yitzchak 3:26:6 and 3:26:10, Yabea Omer Y.D. 5:9:5, and Shevet Halevi 6:108:6 quotes that the Chazon Ish refused to accept such a possibility at all. See also Chelkes Binyamin 113:4</ref> | # Some poskim have thought that because one would never recognize who baked his bread that was baked industrially in a factory, all commercially sold factory-made bread would not be categorized as "pas akum".<ref>Mesorah Journal vol. 1 pg. 95 and Rivevos Ephraim 5:596 both quote such a position in the name of R. Moshe Feinstein z"l</ref> However, in practice few poskim would rely on this on its own.<ref>Mesorah Journal vol. 1, Rivevos Ephraim 5:596, Minchas Yitzchak 3:26:6 and 3:26:10, Yabea Omer Y.D. 5:9:5, and Shevet Halevi 6:108:6 quotes that the Chazon Ish refused to accept such a possibility at all. See also Chelkes Binyamin 113:4</ref> | ||
# The Shulchan Aruch paskens that the prohibition depends on who baked the bread, and not on who sold the bread.<ref>This is a dispute between the Rashba and Ra'ah in Toras Habayis and Bedek Habayis 3:7, quoted by the Beis Yosef Y.D. 112, and the Shulchan Aruch 112:7 paskens like the Rashba, cf. Shach 112:12.</ref> Therefore, a ''baal habayis'' who sells bread baked by a baker has the status of ''pas paltar'', and vice versa. | # The Shulchan Aruch paskens that the prohibition depends on who baked the bread, and not on who sold the bread.<ref>This is a dispute between the Rashba and Ra'ah in Toras Habayis and Bedek Habayis 3:7, quoted by the Beis Yosef Y.D. 112, and the Shulchan Aruch 112:7 paskens like the Rashba, cf. Shach 112:12.</ref> Therefore, a ''baal habayis'' who sells bread baked by a baker has the status of ''pas paltar'', and vice versa. | ||
