New York – Halachic Musings: The Parameters of Pas Paltur

    13

    New York – In my recent article posted on VIN News “Pie Crusts, Pas Paltur and the Aseres Yemei Teshuva”, several contemporary issues related to Pas Paltur, Pas Akum and Pas Yisrael were touched upon. This article’s intent is to provide the basic background, parameters and common applications of these halachos.

    Join our WhatsApp group

    Subscribe to our Daily Roundup Email


    The Basics

    In the times of the Mishna, Chazal forbade us from eating Pas Akum – bread and bread-like items that were baked by non-Jews, (even if said bread does not have any kashrus concerns) in order to dissuade us from assimilation and intermarriage (Avoda Zara 35b; Shulchan Aruch Y”D 112, 1). This prohibition applies even when intermarriage does not, i.e. eating with a non-Jewish priest who has no children (Rema, Shach, Taz ad loc.). This proscription pertains exclusively to bread products containing one or more of the five major grains: wheat, barley, oats, spelt or rye, and generally includes baked goods that have the form of bread (tzuras haPas).

    If however, a Jew took an active role in the baking process, including lighting the fire, stoking the coals under the bread being baked, or actually placing the bread on the fire, the bread becomes known as Pas Yisrael and is permitted, even lchatchila. In fact, as long as a Jew took some part in the baking process, even in some small way, including increasing the heat level even minutely, by throwing a toothpick into the fire or blowing on it, the bread is considered Pas Yisrael. However, several authorities qualify the latter leniency, maintaining that preferably one should not rely on these leniencies unless under extenuating circumstances; rather, one should strive to be an active part of the baking process, ensuring that the bread was truly baked by a Jew.

    CURRENT APPLICATION 

    In later years, due to the fact that many baking ovens were owned or operated by non-Jews, making it difficult to procure Pas Yisrael products, Chazal later qualified this prohibition, and created a new class of bread products – Pas Paltur, literally “Baker’s Bread”. This refers to bread products baked in a bakery or commercial setting, where there is no personal or intimate contact between the baker and customer, thereby drastically reducing the chance of intermarriage, and is therefore permitted.

    Some authorities, including the Rema, maintain that Chazal’s hetter of Pas Paltur applies in all cases, even when Pas Yisrael is readily available. However, many decisors, including the Shulchan Aruch and the Shach, maintain that this hetter is only applicable if one cannot purchase Pas Yisrael of similar type, quality or price; and stress that one should otherwise strive to obtain Pas Yisrael exclusively.

    However, it must be noted, that even according to the lenient opinions, one should do his utmost to be stringent during the Aseres Yemei Teshuva and on Shabbos and Yom Tov, and ascertain that all one’s bread products are Pas Yisrael. Nevertheless, if one is unable to obtain Pas Yisrael products during these special times, one may rely on Pas Paltur.

    It is quoted in the name of Rav Moshe Feinstein that bread baked in a factory with absolutely no contact between the non-Jewish workers and the customer, is not included in the prohibition. [Responsa by Rav Nota Greenblatt, published in Kovetz Mesorah (vol.1, pg. 94), who wrote that Rav Moshe agreed to this psak. It is also quoted in Shu”t Rivevos Efraim (vol. 5, 596) where he adds that Rav Reuven Feinstein confirmed that this indeed was his father’s opinion. See also Shu”t Igros Moshe (Y”D 4, 48, end 5) where he rules similarly. This is a similar shitta to the Mahr”i Tzahalon (Shu”t 161, brought by the Chida in Birkei Yosef Y”D 112, 9 s.v. v’all)].

    The Chazon Ish, however, was unconvinced, and maintained that a factory setting would not be considered any different than any other type of bakery. [Cited in Shu”t Shevet Halevi (vol. 6, 108, 6). This is also the opinion of the Chida (above, s.v. v’ani, who does not agree with the Mahar”i Tzahalon’s leniency.]

    Several contemporary authorities including the Minchas Yitzchak (Shu”t vol. 3, 26, 6), the Debreciner Rav (Responsa of the Be’er Moshe in Pischei Halacha pg. 117) and Rav Ovadia Yosef (Shu”t Yabia Omer vol. 5, Y”D 9, 5) rule that the common custom is to accept this leniency when it is combined with other questionable situations (as a snif lehakel).

    WHAT IS CONSIDERED “BREAD”?

    It is accepted that this prohibition pertains exclusively to bread products containing one or more of the five major grains: wheat, barley, oats, spelt or rye [Tur (Y”D 112) quoting his father the Rosh, Shulchan Aruch (ad loc. 1), Taz (ad loc. 2)]; although it should be noted that the Pri Chadash (ad loc. 5) advances the notion that in far-off islands where all bread is made out of an inferior grain (ex. rice), that this prohibition might possibly apply to it as well. 

    This din of “Pas” (bread) includes baked goods that have the form of bread (tzuras haPas) – see Shulchan Aruch adloc. Following are various types of common foods and their status vis-à-vis this halacha:

    Cake and cookiesSome authorities are of the opinion that for cake to be included in this category, it must be a type that one must wash and make hamotzi if one eats enough and is koveya a seudah on it [Taz (ad loc. 6), Gr”a (ad loc.15), Pri Chadash (ad loc. 17), Beis Meir (ad loc.), Rivash and Aruch Hashulchan (see below)], while others including the Shach (ibid. 18), Be’er Heitiv (ibid. 9) and Chochmas Adam (65, 1) maintain that it must also be made from a thick batter. Contemporary practice is to assume all cake and cookies are included in the category of “bread”. See Kovetz M’Bais Levi (vol. 8, pg. 24, 40) and Chelkas Binyamin (112, 64) who feel that the halacha here follows the Taz. However, Rav Moshe Sternbuch (Shu”t Teshuvos V’Hanhagos vol. 3, 248 s.v. sof) rules that by cake or cookies made from thin, runny batter that a non-Jew baked, then me’iker din one may rely on the Shach’s hetter, that it is not included in the prohibition.

    Bagels – Even though true bagels are first boiled, since at that stage they are not fit to be eaten until actually baked, they are still included in the category of “Pas”. See Aruch Hashulchan (ad loc. 31) Shu”t Igros Moshe (Y”D 2, 33 & Y”D 4, 4) Chazon Ish (O.C 26, 9), and Shu”t Bais Avi (vol. 5, 7, 7).

    Pancakes– Even though pancakes are “fried” in a frying pan, since the only oil generally used is to make sure they do not stick the pan, they are still considered ‘baked”, not fried and still share enough similarities with bread to be considered “Pas”. [Shu”t Rivash 28]. However, this would depend on actual recipes used for making pancakes. If one would make them with thin, runny batter or deep fry them, then they would not have tzuras haPas.

    Pretzels – Since pretzels are made from dough and baked, they are considered to have “tzuras haPas” even though they are twisted into a unique, non bread-like shape. See Darchei Teshuva (Y”D 112, 49 – 50), and Aruch Hashulchan (ad loc. 31).

    Doughnuts’ inclusion in this category, however, is a matter of halachic debate – whether anything fried is considered to have a “form of bread”, or if it depends on the thickness of batter – see Tosafos (Pesachim 37a) – machlokes between Rabbeinu Tam and Rabbeinu Shimshon. Many Poskim, including the Rivash (Shu”t 28), Pri Chadash (ibid.), and Aruch Hashulchan (ibid),maintain it depends on the batter – that a thick batter, even when deep fried, maintains its status as tzuras haPas, while others, including the Tashbat”z (Shu”t vol. 3, 11) and the Yad Efraim (Y”D 112, 6), are of the opinion that once it’s fried it loses its status of “bread” and is therefore subject to the more stringent parameters of “Bishul Akum”. All would agree that a thin batter deep fried would not be considered tzuras haPas. The Shulchan Aruch himself (O.C. 168, 13) cites both opinions as valid and does not rule conclusively. Rabbi Ovadiah Yosef (Shu”t Yechaveh Daas vol. 5, 53), addressing the issue of buying kosher doughnuts in a restaurant, maintains that one may rely on the opinions that they are considered “tzuras haPas” and are Pas Paltur, and not the more stringent Bishul criteria.

    Crackers (Shulchan Aruch (O.C. 168, 8) Since crackers are made from flour and water and baked, they are considered bread-like even though they are much thinner [Mishna Brura (ad loc. 36) Shu”t Shevet Halevi (vol. 8, 33)]. Although some authorities, including the Avnei Nezer (Shu”t Y”D 92, 7) and the Matteh Yonason (Y”D 112, 1) opine that snacks which are not “Fit For a King’s Table” would not be included in the prohibition, the majority consensus including the Pri Megadim (Y”D 112, M.Z. 3), Tiferes L’Moshe (ibid. 2), Aruch Hashulchan (ibid. 13, 14, 31), and Kaf HaChaim (ad loc. 19) is to include them, as the Tur, Shulchan Aruch and their main commentaries do not seem to make such a distinction.

    Noodles, couscous, and farfel  – Would be excluded from this rule entirely, as they do not have a form of bread at all. See Rema (O.C. 168, 13), Kovetz M’Bais Levi (vol. 8, pg 24, 4), and Shu”t Yabia Omer (vol. 8, O.C. 21, 13).

    In conclusion, although the idea of buying bread possibly leading to intermarriage may seem farfetched to some, we can clearly see and appreciate to what extent Chazal were concerned about mingling with non-Jews. The message is clear: When one’s goal is preserving the sanctity of the Jewish nation, we take no shortcuts. Just something to think about the next time one needs to run out for some bagels or cookies.

    Rabbi Yehuda Spitz serves as the Shoel U’ Meishiv and Rosh Chabura of the Ohr Lagolah Halacha Kollel at Yeshivas Ohr Somayach in Yerushalayim. He can be reached at [email protected]  .


    Listen to the VINnews podcast on:

    iTunes | Spotify | Google Podcasts | Stitcher | Podbean | Amazon

    Follow VINnews for Breaking News Updates


    Connect with VINnews

    Join our WhatsApp group


    13 Comments
    Most Voted
    Newest Oldest
    Inline Feedbacks
    View all comments
    realRabbi
    realRabbi
    11 years ago

    vin – im impressed – this article is clear and thorough! kol hakavod! ah groisser shkoiach to the rabbi for posting

    11 years ago

    Alas, cheereios are ignored. .

    itzik18
    itzik18
    11 years ago

    A friend of mine told me that the reason the poskim say to be strict during aseres yemei teshuvah is because the Arizal teaches that eating pas palter is meorer din (any time of year), and during aseres yemei tshuvah we do not want to be meoroer dinnim c”v

    k9hara
    k9hara
    11 years ago

    What about cereal?
    Do cherios have one din and a cereal like LIFE something else because of its shape and thickness?

    11 years ago

    would love to hear from the poster about cereal.

    11 years ago

    Instead of getting into the technical details of “what is bread” and whether Cheerios come under Pas Akum , perhaps Rav Spitz can explain in non-abstract terms why there was ever a concerns about yidden intermarrying with the local baker but not with the farmer, milkman, shoemaker fisherman or any other service provider? And certainly, even if there was ever any legitimate concern, even in the time of the mishna, why such a concern has ANY relevance today when most baked products are produced by publicly traded corporations owned by tens of thousands of shareholders. If concerns over intimacy were the basis for this chumrah, we would assur using a goiyeshe dentist, doctor, social worker, teacher, nail salon etc. Rather than debating whether or not cheerios are assur and frosted flakes are not pas akum, please explain why we still have such a chumrah when it was a minhag to begin with that had a temporal and cultural basis no longer relevant.

    5towns
    5towns
    11 years ago

    To #6
    Concerns over intimacy are what caused the Chachamin to forbid pas akum, but not pas palter. The issur is mostly about eating with the non jews in their houses, where they baked bread. Commercial products and the local baker’s bread are not pas akum. If you don’t want to be machmir on the 10 days of Teshuva then you don’t have to.
    As for frosted flakes, it is clearly not a problem since it is based on corn.

    11 years ago

    I was so wondering about cereal. Thanks for posting that comment about it