14 Jun FOOD IN THE HANDS OF A NON-JEW
There are many halachos
which apply to leaving
food in the hands of a
non-Jew. Is there a
difference between
sending food in the hands
of a non-Jew and basar
shenisalem min ha’ayin?
Which foods does this
halacha apply to? Does
this issue always apply
or only in certain
situations? Is it permitted
to allow a non-Jew to
make a delivery of food?
May one send his
non-Jewish employee
shopping? Many stores get deliveries of bread in
the morning in unsealed boxes. Is this permitted?
Can Italian bread be sent to a store with the top of
the bag opened? May one leave a sandwich
unattended when on an airplane? These issues and
much more will be addressed in this issue.
Basar Shenisalem Min Ha’ayin
There is a discussion in the Gemorah whether we
must be concerned with the possibility of a bird
taking unattended meat and switching it with
non-kosher meat. We (Ashkenazim) follow the
opinion that there is no such concern (even in a city
where most butchers are non-Jewish), if it is found
in the same place where it was left. This differs
from the concern which we will be focusing on,
which is the possibility that a human exchanged
kosher food for non-kosher food. Based on the
above, our discussion will focus on sending food in
the hands of a non-Jew, since for all practical
purposes basar shenisalem min ha’ayin is permitted
(according to Ashkenazim).
Food in the Hands of a Non-Jew
Generally speaking, any food item which is
entrusted or sent in the hands of a non-Jew requires
a seal to ensure that the item was not exchanged.
Items whose consumption is d’oraisa in nature
require two seals, including but not limited to wine
(see footnote), meat, chicken and fish. Concerning
Pesach, a food which the non-Jew may switch for
chametz would require two seals. However, those
foods whose consumption is of d’rabbanan in
nature such as cooked wine, milk, cheese, bread
(see later on), honey, and oil only require one seal.
Some explain that the need for two seals is because
these items are expensive and the non-Jew might
make an effort to exchange it for an inferior
product. Therefore, two seals are required as a
deterrent. In addition, when there are two seals it
would be a bother for the non-Jew to undo them
and switch the product, so for d’oraisas we require
two seals. Wine requires two seals because
everyone likes wine and there is a concern of
switching it for non-kosher wine.
Sender Will See the Seal
If the food product being sent by the non-Jew will
eventually be seen by the sender (after he sent it in
the hands of the non-Jew) then there is no concern
the non-Jew will
switch the product, since he is afraid that the sender
will notice the wrong seal. However, if the sender
will not see the product then it would require the
two necessary seals, unless the messenger is
informed that the receiver knows how the seals
look.
Meat
Everyone knows the scandals which took place
regarding switching meats; therefore, one should
require two seals and should not accept meat
without it.
Unreliable Frum Jew vs. Non – Jew
There are some who differentiate between an
unreliable frum Jew and a non-Jew in regard to
these halachos. Some say that there is no need for
two seals if the food is being sent through a
non-Jew, and two seals are only required if the food
is being sent through a unreliable frum Jew. The
reason for the differentiation is that the Jew feels
that he is above suspicion and might exchange the
item, but a non-Jew knows that we are concerned
about switching, so only one seal is required. As a
matter of halacha l’maseh this is not relied upon
l’chatchilah but only after the fact (b’dieved).
L’chatchilah or B’dieved?
There is a discussion if one is permitted to send
items with a non-Jew if the food has the correct seal
or seals. Some only permit the item after the fact
(b’dieved), but prohibit the practice. The custom
follows the opinion which permits it even
l’chatchilah.
Hefker
If the item of food was left in a hefker place and not
in the hands of the non-Jew there is no concern of
him switching the food (we will see later how this
relates to hospitals)
After the Fact
A food which was sent with a non-Jew without the
required seals and was used by a Jew would render
his utensils non – kosher.
Tevias Ayin
If one has a tevias ayin (recognizes) that this food is
from a Jewish company because of the way the
food is made or shaped, then there is no
requirement for the food to have a seal.
Bread
The Shach is of the opinion that if there are no
non-kosher breads on the market, then if the
non-Jew switches the kosher (with a hechsher)
bread with different bread (without a hechsher) it is
pas paltar which is permitted. However, modern
breads are made with non-kosher ingredients;
therefore the heter of the Shach would not apply
(see below). Although the concern of switching
with pas paltar may not apply if the non-Jews do
not place non-kosher ingredients into bread, still
we should be concerned that the non-Jew will
switch the bread with pas ba’al habayis (bread
which was made in a non-Jew’s home) which is not
permitted. Based on the above, one should not send
kosher bread with a non-Jewish delivery truck and
leave it outside, since there is no siman. Some
explain that the Jewish owner might come to the
store and see if his product is different. Therefore,
the non-Jewish driver may be scared to switch the
products (see below). Based on the lenient opinion,
a kashrus agency is permitted to give a hechsher to
such a company. Some say that it is proper that a
seal be placed on these boxes, thus eliminating
even a slight chance of switching the product.
Italian Breads
It is common to deliver Italian bread in open bags
(with a hashgacha) but without a seal. Is this is
permitted? There is an opinion in the poskim that
says the same reasoning which allowed an unsealed
bread delivery, can be applied to Italian bread,
since the Jewish store owner will see the bread and
know if it is switched. In addition, the non-Jew
does not benefit from switching the kosher product
for a non-kosher product (see below). However, in
a non-Jewish store it is preferable to have a seal on
the bread, even if it means the bread will be less
tasty.
Baked Goods
Baked products which have a unique shape or look
to them would not require a seal since one is able to
tell if it is the kosher product or a substitute.
However, if it is not identifiable then a seal is
required. Since the price difference is greater for
kosher than non-kosher the chances of switching is
less of a concern and one seal is enough.
The Seals
We mentioned before that food sent in the hand of
a non-Jew requires one or two seals. What is
considered a seal? We will discuss this below. The
seal must be difficult for the non-Jew to tamper
with or copy. There is a discussion in the poskim
whether writing can be considered a seal. Some
poskim say that numerous seals in one place are
considered one seal, while others dispute this. In
any case, one should try to put a seal (i.e. tamper
proof tape) in two places. Plumbas are placed on
chicken as a seal. This seal is very hard to tamper
with. Therefore, according to some opinions, it is
considered like two seals (this would also apply to
any seal which is very hard to forge). Others say
that the crates should be sealed and have the name
of the company on the box. A vacuumed packed
seal is a siman but should be imprinted with
another siman as well.
Leaving a Non-Jew Alone in One’s Home
All too often, both spouses work all day, and have
the practice of leaving a cleaning lady or a
repairman alone in the home. There is a possibility
that the non-Jewish worker will take the kosher
product in the home and switch it for a non-kosher
food. Is this a real concern? If so, what are the ways
to avoid this?
“Yotzei V’nichnas” (Goes and Comes)
One option to allow a non-Jew to remain alone in
the home (or store) is for one to “go and come”
from his home; this is known in halacha as yotzei
v’nichnas. This is permitted even l’chatchilah.
Even a child may be used for the purpose, provided
that he is old enough that the non-Jew will fear to
do any switching in his presence. This age is nine.
This option applies even if the owner stays away
for an extended period of time, as long as the
worker is not aware of the owner’s schedule. The
reason is that the worker is afraid to make an
exchange, as he is concerned that the owner might
return at any moment and catch him in the act. If
you tell your worker, “I will be back in a number of
hours,” then it is prohibited to leave a non-Jewish
worker in the home, since the worker knows when
the owner is returning and might switch the food.
However, as mentioned below, if one is not
concerned that the worker has any benefit from
switching the food, it is permitted to leave the
worker alone. This option does not apply if the
worker can lock the door, since he has no concern
of being caught. If the Jew can enter the house (i.e.
with a key) then the non-Jew may be left alone
since the Jew can enter the home. However, if the
Jew closed the door from the outside it is permitted
to leave the non-Jew alone since he does not realize
that he is alone in the home. In any case, if the
non-Jew shows signs of not being afraid of you (i.e.
does not listen to you) then he cannot be trusted
alone in the home. If a security camera is installed
in the home and the non-Jew knows you can look at
it any time, then he may be left alone in one’s
home.
What Constitutes Yotzei V’nichnas
L’chatchilah
The l’chatchilah situation to leave a non-Jew in the
home or store is when the Jew will be returning
within eighteen minutes.
Concern of Switching
The only time a seal is required is if there is a
concern that the non-Jew will exchange the kosher
item for a non-kosher item. There are many details
as to what it means “concern of being switched”
which we will begin to discuss.
Benefit From the Switching
One main factor which determines whether or not a
food requires a seal is whether the non-Jew will
benefit from switching the kosher item with a
non-kosher item. Some say that if the non-Jew will
not benefit then one can send the food with him
l’chatchilah (see below). However, others say one
should try to avoid this when possible. As stated
above, the halachos regarding benefiting from
switching pertain to leaving a non-Jew alone in
one’s home as well. In any case, the halachos of
switching apply as long as the non-Jew will benefit
in some way from switching the kosher for
non-kosher.
The Non-Jew Does it to Spite
There is a discussion in the poskim if the non-Jew
will switch the food just to spite the Jew even if
there is no real benefit from the switching. The
opinion of most poskim is that there is no concern
about this issue.
Deliveries Left Outside
It is common for a supermarket to make a home
delivery and leave the order outside without proper
seals. However, the food is permitted since there is
no reason why a non-Jew will exchange the food. If
he is hungry then he will take it and you will notice
that your order is missing some items.
Leaving Pots Unwatched
Obviously, a non-Jew alone in our homes has
access to our pots. How is this permitted since the
non-Jew can use our pots without knowing? The
halacha states that if one is not “going and coming”
(yotzei v’nichnas) from his home then he should
not leave his utensils with the non-Jew. The
concern is that the non-Jew will add some
non-kosher ingredients to a cooking dish in order to
improve its taste. If the Jew serves lunch to the
non-Jew, there is no concern of a non-Jew cooking
non-kosher with one’s pots. Others permit this
practice since our utensils are placed in shelves
with doors in an orderly fashion, and it would be
obvious if the pots were used. It is a good idea to be
present when the non-Jew washes the dishes in
order to make sure that she does not mix the meat
and dairy together in the same sink (i.e. use the
same sponge for both). Some poskim say that if the
non-Jew has cooking responsibilities in the home
one must lock up the dishes if she is left alone in the
home.
Passing Through a Heavily Populated Area
It is permitted b’dieved to send food without a seal
with a non-Jew who is delivering through a heavily
populated area (even if not by mostly Jews). The
reason is that he is afraid to switch the food, for
someone might see him enter a non-kosher store
and will tell the Jew who is getting the food.
L’chatchilah one should not rely on this, and
should send the food with the proper seal(s). If the
delivery man will go through an all Jewish area to
deliver the food then it is permitted to send the food
without a seal even l’chatchilah. The above is only
true if there are people in that area, but if it is early
in the morning or late at night where there are not
too many people around then the food would have
to be sent with the proper seal(s).
Food Sent With a non-Jew in a Car / Bus etc.
The above heter only applies if the non-Jew is
delivering the food by foot or bike, but if he is
traveling in a car or on a bus he can act at will.
Therefore, a seal is required. For this reason, one
should not send unsealed food with a car service
since the driver can do what he wants (unless he is
scared of getting caught and losing his job).
Airline Meals
One should not accept an airline meal if it is not
double wrapped (aside from the kashrus issues of
warming it in a non-kosher oven if it was not
double wrapped) since the flight attendants may
substitute it for non-kosher if there is no kosher
meal available. There is a benefit for them because
you will not be happy if you have no meal.
Leaving Foods in Hospitals etc.
It is permitted to leave food (i.e. meat sandwich) in
a communal refrigerator or freezer in a hospital
without the proper seal. There is no concern of the
non-Jew switching the kosher for non-kosher since
there is no benefit for the non-Jew to do so.
Furthermore, none of the people present are the
owners, and they all realize that they should not be
touching other people’s food. Nonetheless, the
food should be sealed and labeled “do not touch”.
Pizza Deliveries
It is very common for pizza to be delivered by a
non-Jew to one’s home without a seal or tape on the
box. Is this a concern? As mentioned above, if there
is no concern that the non-Jew will benefit from
switching the food then there is no need for a seal
on the package. The non-Jew derives no benefit by
switching the kosher pizza for non-kosher, since if
he is hungry he can buy pizza anywhere. However,
others say that it is preferable to make sure that the
pizza box is sealed with tamper proof tape.
Sending a Worker to go Shopping
Sometimes a non-Jewish housekeeper will be sent
to the store to buy some kosher items.
Since she can benefit from buying less expensive
non-kosher items and keeping the extra money, one
cannot accept the food without a proper seal.
However, one can ask the worker for an itemized
bill of what she bought and check to see if it was
purchased at a kosher store.
Workers Will Not Jeopardize Their Livelihood
There is a concept in halacha that a non-Jewish
worker will not commit an act that can jeopardize
his livelihood. This applies to these halachos as
well. Therefore, if it is a situation where he can lose
his livelihood if he is caught tampering seals, then
we do not have to be concerned that he will do so.
Based on the above, the custom it to permit a
non-Jew to cook food for someone in his home
(aside from any bishul akum concerns). However,
one should not rely on this heter without consulting
with a Rav.
Krispy Kreme Doughnuts
Krispy Kreme doughnuts are frequently offered for
sale in mini stores. These doughnuts may be made
with kosher ingredients, but if there is no
certification on the showcase assuring that the
doughnuts are in fact Krispy Kreme, then one
cannot eat them. There are no seals on these
doughnuts, and if the owner runs out he can get
different ones and claim that they are Krispy
Kreme.
Cholov Yisroel Milk in a Non-Jewish store
When going to a non-Jewish store to buy coffee
and the store has cholov yisroel milk there, the Jew
should make sure the non-Jew opens the milk in
front of him, because the non-Jew may put in
cholov stam. One who is not makpid on cholov
yisroel obviously does not have this concern.