Bishul Akum

by R. Ari Enkin

One of the lesser-known kashrut requirements is that food must be cooked by a Jew or for a Jew to at least participate in the cooking in some way. ^[1]Mishna, Avoda Zara 2:6. See Tosfot there who notes that bishul akum is one of the oldest rabbinic enactments. YD 113:1-3,7. Food that was cooked by a non-Jew is referred to as bishul akum and may not be eaten. This is true even though the food is otherwise kosher. ^[2]Avoda Zara 35b; Rambam, Hilchot Maachalot Assurot 19:9; YD 113:16. Food must be bishul yisrael — cooked by a Jew.

Nevertheless, there are a number of exceptions to the rules of bishul akum. For example, foods that are regularly eaten raw, such as water ^[3]Indeed, water based drinks are not subject to bishul akum restrictions. Tosfot, Avoda Zara 31b s.v. v’tarvayhu; Pri Chadash, YD 112:17, 114:17. But see Shevet Halevi 2:44., oil, butter, juice, honey, yogurt, and ice cream are not subject to the rules of bishul akum and may be cooked, boiled, or otherwise prepared by a non-Jew. ^[4]Avoda Zara 38a; Rambam, Hilchot Maachalot Assurot 17:15; YD 113:1; Kitzur Shulchan Aruch 38:6; Aruch Hashulchan, YD 113:10,11; Chochmat Adam 66:1. See also Shach, YD 152:2; Shevet Halevi 6:108:3. So too, foods that are not commonly served “on a king’s table” are not subject to the rules of bishul akum, either. ^[5]While there are many interpretations as to the modern day definition of “a king’s table” it is generally accepted that it applies to food that is fancy enough to be served at a state dinner. … Continue reading Therefore, foods such as falafel balls, breakfast cereals, canned tuna ^[6]There are two other lenient considerations often cited in order to permit canned tuna. The first is that canned tuna is “cooked” by steaming, and many authorities rule that steaming is not … Continue reading, and potato chips ^[7]Furthermore, the Pri Chadash, YD 113:2 rules that any food eaten as a snack or dessert is not subject to bishul akum. may be eaten regardless of who cooked them as long as all the ingredients are kosher, of course. ^[8]Aruch Hashulchan, YD 113:22; Meishiv Milchama 2:46; Yechave Daat 4:44; Rivevot Ephraim 6:79.

There are two reasons why the sages instituted the prohibition of bishul akum. One reason was in order to restrict our interaction with non-Jews thereby minimizing the chances of intermarriage. ^[9]Avoda Zara 35b, Rashi; Rambam, Hilchot Maachalot Asurot 17:9,15; Beit Yosef, YD 113; Taz, YD 113:1; Tzitz Eliezer 22:44. The second reason was in order to minimize the chances of non-kosher ingredients being mixed into the food whether accidentally or intentionally. The rules of bishul akum essentially ensure that there will always be a Jew in the vicinity when food is being prepared thereby better ensuring the kashrut of the food. ^[10]Rashi, Avoda Zara 38b; Pitchei Teshuva, YD 113:7.

There is a difference of opinion as to what constitutes bishul yisrael. According to the Rema, and common Ashkenazi practice, it suffices for a Jew to merely turn on the fire in order for food to be considered bishul yisrael. According to the Mechaber, and common Sefardic practice, it is necessary for a Jew to actively participate in the cooking process in order for food to be considered bishul yisrael. ^[11]YD 113:7. See also Yabia Omer 5:20:7. Ashkenazi custom would also permit a non-Jew to cook a food to the point of it being only partially edible, followed by a Jew who completes the cooking process. This is consistent with the Rema’s view that it suffices to have a Jew even partially involved in the cooking process. ^[12]YD 113:19. So too, food that was cooked by a non-Jew and then rendered inedible by dehydration and the like, and was then rendered edible by a Jew is no subject to bishul akum. Yad Ephraim, YD 113:12.  It has even been suggested that if a Jew merely turns on the light bulb in an oven, it is sufficient to render any food that is cooked in the oven bishul yisrael according to the Rema. This is because the light bulb gives off some heat, albeit a minimal amount, which contributes to the cooking process. This is said to correspond to the Rema’s minimum requirement for bishul yisrael that it suffices for a Jew to “merely throw a wood chip into the fire.” Most other contemporary authorities, however, disagree with this view.

There is much discussion as to whether food cooked by a non-observant Jew is considered to be bishul yisrael or bishul akum. This is because one who is not Torah observant cannot be trusted or relied upon to ensure the integrity of halacha, especially when it comes to the kashrut of food. ^[13]See Bechorot 30a. See Igrot Moshe, YD 1:54 for a possible exception Indeed, there are a number of halachic matters that non-observant Jews are disqualified from participating in. ^[14]Chullin 5b; Melamed L’hoil, OC 1:29.

Nevertheless, most authorities maintain that the primary reason for the bishul akum enactment was in order to prevent intermarriage. As such, food cooked by a non-observant Jew should not be subject to any bishul akum related restrictions as there is no prohibition against marrying a Jew who is not yet fully observant. This is based on the Talmudic teaching that “even though he sins he is still a Jew”. ^[15]Sanhedrin 44a; Pitchei Teshuva, YD 112:2. But see Rambam, Hilchot Shabbat 30:15; Kaf Hachaim, YD 113:1. It goes without saying that one is permitted to marry an observant individual from a non-observant family and there are no concerns of “intermarriage” in doing so. ^[16]Chatam Sofer, OC 124:4.

Nevertheless, according to the reason that bishul akum was instituted in order to prevent non-kosher food from being mixed into the kosher food, the matter is not as easily resolved. This is because there is certainly reason to fear that a non-observant Jew, especially one who is not knowledgeable in the laws of kashrut, might accidentally do so. ^[17]Pitchei Teshuva, YD 113:1; Maharam Schick, OC 281. See also Mahari Assad, YD 31 who argues that the first reason might apply, as well. As such, when a non-observant Jew is in charge of food preparation there must be reliable safeguards in place to ensure that non-kosher ingredients cannot possibly get mixed into the kosher ones. For example, there should always be an observant Jew in the vicinity, or at least immediately available, when non-observant Jews are involved with food preparation. Even a non-observant Jew who is completely trustworthy should not be left alone to prepare food without any supervision whatsoever. Although it is best to be stringent lechatchila, ^[18]Darchei Teshuva, YD 113:15; Be’er Moshe 5:94:12; Teshuvot V’hanhagot 2:386, 3:247. and only allow observant Jews to oversee the cooking of food, one should not disqualify food that was cooked by a non-observant Jew if it is certain that the food is kosher in every other way. ^[19]Maharam Schick, OC 248; Kaf Hachaim, YD 113:1; Igrot Moshe, YD 1:45,46; Teshuvot V’hanhagot 1:470; Tzitz Eliezer 9:41; Yabia Omer, YD 5:10; Mevasseret Tzion, YD 1.

It is clear from the above that one should never allow a non-Jew, such as a housekeeper or nanny, to cook any food on their own. In fact, in many instances, one may even be required to kasher any pots and utensils that a non-Jew used to cook food on his own without the participation of a Jew. This is true even if all the food that was used was completely kosher. ^[20]YD 113:16; Shach, YD 113:20; Ketav Sofer, OC 50. See also Magen Avraham 318:1; Mishna Berura 318:4. At the very least, one must ensure that a Jew enters the kitchen from time to time whenever a non-Jew is cooking in one’s pots even for himself. ^[21]YD 118:12; Rema, YD 118:12; Shach, YD 113:20; Aruch Hashulchan, YD 118:35.