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Rabbi Isaac Elchanan Theological Seminary The Benjamin and Rose Berger CJF Torah To-Go Series Pesach-Yom Haatzmaut 5777
contain both dairy and meat bliyot. Rava) record the fact that Jews would non-Jewish use. There was no other
Although the expired dairy bliyot sometimes reside in villages where way to produce this staple and the
are not significant on a Torah level, the only oven fit for baking bread flavor could not make the bread non-
Chazal deem the pot non-kosher. A was in the local non-kosher bakery. kosher at that point. Although this
Rabbinic enactment requires such Non-Jews using the bakery would would ordinarily not be permitted,
bliyot, even after 24 hours, to be smear the baking implements with the rabbis did not forbid use of a kli
treated as viable. This helps avoid lard for non-kosher baking, and so with expired non-kosher bliyot in an
confusion and the accidental use of prohibiting the equipment for Jewish extremely pressing situation (shaat
kelim with fresh bliyot in a prohibited use. Nevertheless, halachic authorities hadechak), and so the post facto ruling
manner (see Avoda Zara Daf 76a). at the time allowed Jews to clean the was applicable.
equipment and bake bread in the same
Tosafot in Avoda Zara (Daf 66b, s.v. Some Poskim posit that a similar
bakery after 24 hours elapsed from
34
Rabbi Isaac Elchanan Theological Seminary The Benjamin and Rose Berger CJF Torah To-Go Series Pesach-Yom Haatzmaut 5777
logic is at work regarding ones teeth. sharp food, is cut with a utensil further qualification. We have taken
Restricting one to only dairy or only (such as teeth), taste is imparted into for granted that kelim absorb flavor
meat would be unreasonable and the food, even after 24 hours have from foods. In reality, this is only true
impractical, and perhaps the use of passed (Shulchan Aruch, Y.D. 96:1). when the food or the kli reaches the
ones teeth for both should also be He concludes that the short-term temperature of yad soledet bohot
viewed as a shaat hadechak. However, deterioration of taam in the mouth is enough for the unsuspecting hand to
this would only permit eating meat so thorough, even a davar charif will recoil after contact (Shulchan Aruch,
after dairy (or the reverse) after 24 not be affected.3 Y.D. 105:2). Chazal offer guidelines to
hourswhen our practice is never to determine this temperature (Shabbat
While this approach may account for
wait more than six hours.1 the laws of milk and meat, chametz Daf 40b), yet there is considerable
debate as to the precise definition.
Rav Shlomo Zalman Auerbach, follows more stringent standards.
Opinions range from 110F4 to 160F
following earlier authorities,2 suggests Ashkenazim prohibit the use of food
(Shut Minchat Shlomo 1:91:8 and
that the physical and chemical impacted by bliyot on Pesach, even
Shut Igrot Moshe, O.C. 4:74:3) or
properties of ones mouth may bring beyond the 24-hour window (Rema,
higher. However, it is widely accepted
bliyot in the teeth to the point of noten O.C. 447:10), and so noten taam lifgam
to consider 120F to 140F for these
taam lifgam much earlier than in a kli will not independently resolve our
purposes. 5 In other words, a new
that is otherwise lying dormant (Shut dilemma.
pot filled with dairy that is heated to
Minchat Shlomo 2:50 s.v. Ikar; Nishmat
100F remains parve, and can be used
Avraham, Y.D. 89:2:1). Requisite Heat for Transfer of for meat, as long as it is cleaned out
Indeed, this novel approach is far- Taste well in between.
reaching. Rav Shlomo Zalman notes
The discussion of bliyot requires For some, it may be unusual to eat
that when a davar charif, a solid
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Rabbi Isaac Elchanan Theological Seminary The Benjamin and Rose Berger CJF Torah To-Go Series Pesach-Yom Haatzmaut 5777
foods at that temperature, and it is they were prepared, known as kli situation under discussion (see Pri
conceivable that ones teeth are truly rishon. In the realm of Hilchot Shabbat, Megadim, O.C. 451 M.Z. 9, A.A. 3).
parve and not chametzdik when it is generally accepted that when Rav Shlomo Zalman Auerbach notes
clean. Indeed, some Poskim assume transferred to another pot, a kli sheni, that undue stringency in these matters
categorically that any food placed in all agree that the capacity to cook would compromise ones capacity to
ones mouth should be considered most items has been diminished, even fulfill the Torah command to rejoice
beneath the yad soledet bo threshold.6 for food that maintains a temperature on Yom Tov.12
However, others note that food is of yad soledet (Shulchan Aruch, O.C.
commonly maintained and consumed 318:5,9).11 Poskim debate if this Transfer of Flavor
at these temperatures and hotter.7 principle is translatable to kashrut
Health regulations require many and chametz. While ikar hadin (letter An additional consideration is
foods, such as chicken, to be held of the law) assumes the lenient relevant, as well. Halacha generally
at temperatures of at least 140F to approach regarding milk and meat assumes that the transfer of
ensure food safety.8 Soup (or cholent!) (Shulchan Aruch, Y.D. 105:2) at least flavor to or from a food or a kli
is generally served at temperatures post facto, once again we assume a is instantaneous. Nevertheless,
considerably hotter, and consumers more stringent approach for Pesach. some Poskim refer to the ruling of
are often disappointed when they It is unlikely that food will enter Chamudei Daniel (see Pitchei Teshuva,
are served at cooler temperatures. ones mouth directly from a kli rishon. Y.D. 105:8), which states that bliyot
Hot tea or coffee may be served According to the lenient approach, only occur when there is continuous
at temperatures nearing 195F. Of it is now safe to say that ones teeth contact, albeit brief, between two
course, the addition of milk will cool remain parve. However, for Pesachs items. For example, if milk splatters on
the beverage somewhat, depending unique, stricter standards, even a hot pan that has been used for meat,
on how much is used. Hot chocolate chametz flavor absorbed via kli sheni the pan will be rendered non-kosher
is prepared and heated to similar should be considered (Rema, O.C. and must be kashered before further
temperatures with milk already added. 447:3). use. However, according to Chamudei
Likewise, Starbucks coffeehouse Daniel, if one would wipe away the
Furthermore, Acharonim quote
standards require steamed milk, spill immediately after it occurred, the
Maharshals position that hot, solid
added to specialty beverages food in a kli sheni (e.g., a potato or pan is kosher and retains its original
such as lattes, to reach between matzah ball) does not follow the meat status. Aruch HaShulchan
150F170F.9 Research published in normal leniencies that exist for a kli (Y.D. 105:43) and Shut Maharsham
the Journal of Food Science reports that sheni. Such food is known as davar (1:197) accept this opinion, citing
surveyed consumers prefer drinking gush. Maharshal states his position Shut Radvaz who concurs. Darchei
temperatures of hot beverages at regarding the laws of milk and meat Teshuva (105:35) indicates that most
a mean value of 140F,10 including (Yam Shel Shlomo, Chulin 7:44). Poskim oppose this leniency, but
respondents choosing temperatures suggests that it may be acceptable in
While many disagree with Maharshal,
in the 170F190F range, measured cases of great loss. The hot liquids
as far as Pesach is concerned, we
following the addition of condiments. described above certainly do not
would lchatchila deem a kli that
absorbed chametz flavor from a davar remain in ones mouth for more than a
Kli Rishon, Kli Sheni gush to be a chametzdik vessel. moment, and according to Chamudei
However, it is clear that halacha would Daniel can be ignored from a halachic
The above temperature guidelines not demand the application of either perspective. While this approach
for bliyot apply to foods or liquids of these stringencies, kli sheni or davar would not be accepted under normal
that remain in the same pot in which gush, to be observed in the unusual circumstances,13 it is a mitigating
36
Rabbi Isaac Elchanan Theological Seminary The Benjamin and Rose Berger CJF Torah To-Go Series Pesach-Yom Haatzmaut 5777
factor in the unusual circumstances of flavor that came from a living animal. imparted by the finger, for human
our particular question. Therefore, it may not be sold to a non- flesh (bsar adam) is also prohibited
Jew, as the injunction against ever min (Rema, Y.D. 79:1). Alternatively, food
Living Creatures and the hachai is one of the seven Noachide in ones mouth at the temperature
Transfer of Flavor Laws.15 of yad soledet bo would be rendered
prohibited. Historically, this
However, some Acharonim would
A fascinating incident is reported possibility was never entertained by
argue that the chicken jumping into
in Shut Chatam Sofer (Y.D. 94) Jewish scholars, leading us to believe
the pot does not impact the food
that may shed light on our issue. that there is indeed no for concern.
whatsoever. For example, Shut Amudei
The responsum records a story of Or (siman 54) and Shut Tuv Taam Although Shut Pri Yitzchak (1:21)
an individual heating butter on a VDaat (1:155) argue that living and others refute this assertion,16
stovetop. Suddenly, a chicken entered creatures do not impart their flavor this approach serves as a compelling
the room and jumped into the hot pot. and so do not follow the normal rules mitigating factor in our dilemma.
The local rabbi ruled that the butter of bliyot. Kehillot Yaakov (Chulin, Teeth, as part of the human body,
was prohibited to eat and could not siman 5) proves that this must be the would not be subject to the usual laws
even be sold to a non-Jew. Although case. After all, it is not uncommon for of kashrut, and would not impart any
one may sell or benefit from a mixture an individual to touch very hot food flavor to foods or drinks. However,
of chicken and milk (Shulchan Aruch with his or her finger; for example, this leniency would not apply to
O.C. 87:3),14 there is an additional putting a finger in hot water to test dentures, fillings and other dental
consideration in this case. Because the its temperature. If flavor transfer apparatuses which would remain
chicken was alive when it entered the existed in this case, the hot water subject to the original analysis.
pot, the butter should be prohibited would be prohibited by the flavor
as ever min hachai, because it contains
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37
Rabbi Isaac Elchanan Theological Seminary The Benjamin and Rose Berger CJF Torah To-Go Series Pesach-Yom Haatzmaut 5777
Dentures on Pesach most intense heat (Shulchan Aruch, 14-1.10 (available at: https://www.health.
O.C. 451:4). On the other hand, a pot ny.gov/regulations/nycrr/title_10/part_14/
In light of the confluence of the subpart_14-1.htm).
that only absorbs bliyot via a liquid
many factors mentioned above, it medium is subject to a lower standard, 9 Starbucks Beverage Manual, see pp. 4,
is clear that natural teeth do not and so on (ibid. 5). A utensil that is 6, 44 and 45 (available at: http://www.
mwrbrandcentral.com/JSPVP/blog/
pose a kashrut concern on Pesach, exposed to chametz in more than wp-content/uploads/2015/04/WPS_
and one merely has to clean his or one manner need only be kashered Beverage-Manual-Complete-w-Frappuccino-
her teeth well following chametz according to its most frequent mode Blended-7-8-14.pdf. See also Starbucks
consumption on erev Pesach. Poskim of use, even if it is occasionally subject Complete Training Manual, available at:
apply the above principles in responsa to a more significant form of chametz http://www.imcomacademy.com/JSPVP/
blog/wp-content/uploads/2016/04/
regarding the use of dentures for absorption (Shulchan Aruch, O.C. Starbucks-Complete-Training-Manual.pdf).
milk and meat and on Pesach. The 451:6). While Ashkenazic practice is
obvious difference is that dentures 10 See Lee and OMahony op.cit.. See also
to require the most intense standard National Coffee Association Guide to Brewing
are removable and may undergo a in all situations (Rema and Mishna Essentials, available at: http://www.ncausa.
more thorough kashering process, Berurah, ibid. 48), this custom is org/About-Coffee/How-to-Brew-Coffee.
and perhaps must. In fact, Shut Tzitz waived in extenuating circumstances 11 Provided that the temperature is not
Eliezer (9:25) records that the author (see Mishna Berurah, ibid. 47). unusually hot, see Mishna Berura (O.C.
of Shut Tzemach Tzedek had several Because the vast majority of chametz 318:48).
sets of dentures manufactured for him consumed is certainly not yad soledet 12 See Shut Minchat Shlomo (2:50, s.v.
by a dentist in Vienna, to distinguish bo, a thorough cleaning of the mouth VGam).
between milk, meat and Pesach. would suffice.18 13 See Darchei Teshuva, 105:35.
On the opposite side of the spectrum, 14 Unlike beef and milk where it is prohibited
those of the opinion that teeth never Endnotes to sell or benefit from the mixture (Shulchan
absorb chametz because food in the Aruch O.C. 87:1).
1 See Chulin 105a.
mouth is never yad soledet bo, do 15 See Sanhedrin Daf 56b and Avoda Zara Daf
not require any additional measures 2 See Shut Zekan Aharon (Tinyana, Siman 6b.
to prepare dentures for Pesach.17 56) and Chidushei Chatam Sofer (Chulin Daf
105a). 16 Kehillot Yaakov reconciles his
However, Rav Shlomo Zalman aforementioned proof. While bsar adam is
Auerbach insisted that chametz bliyot 3 Not all authorities agree that every sharp indeed prohibited, Rambam assumes that it
food is subject to this principle (see Beit Yosef, is not a formal lo taaseh. Some Poskim hold
should be purged. He would kasher
Y.D. 96:1). This is noteworthy as an additional that taam kikar only applies to a lo taaseh.
his dentures each Pesach, rather than mitigating factor in our discussion. See also Gan Shoshanim, by RIETS Rosh
rely on the various tzdadim lhakel Yeshiva Rabbi Menachem Genack (2:10).
4 It is interesting to note that scientific
(mitigating factors) discussed above. literature dictates that this is also the Furthermore, the prohibition of bsar adam
temperature at which the epidermis will be may not apply until flesh is removed from the
body. Chavatzelet Hasharon on Esther (pg.
Principle of Predominant Use burned, reminiscent of the aforementioned
52) observes that if one places a finger in a hot
Talmudic guidlines. See Lee HS, OMahony
M. At What Temperatures do Consumers liquid, he will remove it immediately, if it is
One final argument can be lodged indeed yad soledet bo. According to Chamudei
Like to Drink Coffee?: Mixing Methods.
in favor of those who do not require Journal Food Science-Chicago-67.7 Daniel, the liquid would be unaffected.
more than a thorough cleaning of (2002):27747. 17 Chazon Ish quoted in Orchot Rabbeinu
dentures for Pesach. Even if one 5 See OU Document A-171. See also The (2:27), Igrot Moshe (O.C. 1:5). See also Tzitz
does occasionally consume very hot Dairy Industry Primer, Rabbi Zushe Blech, Eliezer (9:25) citing Rav Tzvi Pesach Frank.
chametz, as Rav Shlomo Zalman published in Daf HaKashrut, Adar 5757. Rav Shmuel Fuerst reports that Rav Moshe
Feinstein recommended refraining from
noted, this may not require kashering 6 Chazon Ish quoted in Orchot Rabbeinu consumption of hot chametz and davar charif
to rectify. Varying kashering methods (2:27), Igrot Moshe (O.C. 1:5). within 24 hours of the start of Pesach.
exist for kelim that have differing 7 See Shut Minchat Shlomo (2:50). 18 See Shut Minchat Shlomo (2:50, s.v.
modes of chametz exposure. A VGam).
8 See for example, New York State
griddle, which can absorb chametz
Department of Health Code for Food
directly with dry heat, requires the Service Establishments, Part 14, subpart
38
Rabbi Isaac Elchanan Theological Seminary The Benjamin and Rose Berger CJF Torah To-Go Series Pesach-Yom Haatzmaut 5777