Parshas Tazria – Metzorah 5785 – Intriguing Questions & Answers
Catering on Private Planes with Real Keilim: Are They Required to Be Toiveled If Discarded After the Flight?
Q: I was asked the following question by a catering company: It is very common in the U.S., as I am told, for people to travel on private planes, and when there is a long flight and a meal is needed, they order catering. Because it is considered less dignified to serve such passengers with disposable utensils, the catering companies feel compelled to use only real utensils made of metal, glass, Corelle, etc. However, since the quantity is small and they do not reuse these utensils, they wish to know whether they are required to toivel them, given that they will be discarded in the garbage right after the flight.
A: In my opinion, in such a case, the utensils do require tevilah before the flight, or the company should arrange some kind of other halachic eitzah, such as transferring ownership to a non-Jew, as the Poskim write. In any case, practically speaking, these utensils, in my view, are obligated in tevilah and are not exempt simply because they are going to be thrown away right after use. Below is a brief explanation of the halachic sides of the question and why we rule stringently.
- First and foremost, it is important to begin with the Mishnah and Gemara in Avodah Zarah (75b), which state that any utensil made of metal or glass acquired from a non-Jew requires tevilah in a mikvah containing forty se’ah. This is codified in the Shulchan Aruch (Yoreh De’ah 120:1). Utensils made from plastic, earthenware, and similar materials are exempt from tevilah, and there are opinions that also exempt Corelle and China. But utensils made of metal and glass are certainly obligated.
There is a widespread mistake that utensils don’t need tevilah if they’re going to be used only once and then immediately discarded. This mistake stems from conflating different halachic issues. In Igros Moshe (Yoreh De’ah III:23) and Minchas Yitzchak (Vol. 5), they discuss disposable aluminum trays that are designed for single use or perhaps a few uses. Since some Acharonim write that if a utensil is made from material not durable enough for repeated use, it lacks the status of a “utensil” for purposes of tumah v’taharah and similarly for tevilah, therefore Rav Moshe Feinstein ztz”l and others ruled that if one intends to use an aluminum tray just once, it is exempt from tevilah.
However, that reasoning does not at all apply to real utensils. Hence, there is no such general principle that a real utensil is exempt from tevilah just because it is going to be discarded after one use. Based on this, it is clear that one cannot exempt real utensils from tevilah just because they will be thrown out after use.
- However, there may be a different reason for leniency — that perhaps these utensils can be considered klei sechorah (merchandise utensils), and not klei seudah, which are exempt from tevilah. The source for this exemption comes from the Beis Yosef, quoted in the Taz (Yoreh De’ah 120:10), who explains that someone dealing in utensils for commercial purposes, such as buying and selling them, is not considered the owner in the halachic sense, and therefore the utensils cannot be toiveled while in their possession.
Although some Acharonim found grounds to be lenient with storeowners or caterers and consider their utensils as merchandise, the overwhelming majority of Poskim were unwilling to rely on this leniency. This can be seen in the rulings of Igros Moshe, Minchas Shlomo, Shevet HaLevi, and others, who rule that guests in hotels or restaurants—where food is prepared and served using such utensils on-site—are not allowed to rely on this leniency. Accordingly, in our case, which is comparable to a restaurant or hotel, one cannot exempt the utensils from tevilah. Although some opinions are lenient, nevertheless, since this is not a great necessity, these lenient views should not be relied upon.
- Since the utensils are seemingly obligated in tevilah, I added that if it is too difficult to toivel them using them, they should either rent utensils from non-Jews, in which case they are exempt from tevilah, as stated in Shulchan Aruch (Yoreh De’ah 120:8), or they can transfer ownership of the utensils they already have to a non-Jew, which also exempts them from tevilah. If they do not pursue either of these solutions, one must be stringent and not use the utensils without tevilah.
In conclusion: A catering company serving passengers on a private plane with real utensils—even if those utensils will be discarded after the flight—is still required to toivel the utensils beforehand.
A Person Took Upon Himself Not to Eat Cholent During the Week and Encountered Pareve Cholent at a Wedding
Q: In the past, cholent was a special dish designated for kavod Shabbos. It was specifically prepared on Friday before Shabbos and left to stay warm until Shabbos morning, since it was obviously not possible to cook before the seudah, which is why it became a special Shabbos food (see Rema, end of Orach Chaim 257). However, nowadays, cholent is sold in stores throughout the week, and is especially popular among yeshiva bochurim on Thursday nights. Almost every event in Eretz Yisroel—such as weddings or bar mitzvahs—serves cholent to guests.
This gave rise to the following question: A man accepted upon himself not to eat cholent during the weekdays so that it would remain a special food for Shabbos. At one Simchah, when he wasn’t eating any cholent, his friend asked why. He explained the reason above. The friend responded that his kabbalah is irrelevant here because Shabbos cholent is fundamentally different than weekday cholent—Shabbos cholent is fleishig, while wedding cholent is pareve!
Is the friend correct, and therefore he would be permitted to eat the pareve cholent at the wedding without performing hataras nedarim? Or does the neder include all cholent, including pareve, and thus he would require hataras nedarim to eat it?
A: Let us begin with the following brief introduction:
Regarding nedarim, we follow the wording of the vow and the intention of the person making it. In Yoreh Deah (217:1), the Shulchan Aruch writes that if someone makes a vow about “cooked food,” and the local custom at that time and place is to include roasted or grilled dishes in that term, he is prohibited from all of them. But if the common usage of “cooked” is limited to food cooked in water with spices, then roasted or grilled foods would be permitted.
Based on this, it would appear that the word “cholent” refers to the dish as a whole, regardless of whether it is fleishig or pareve.
A similar case appears in Shu”t Beis Yehudah (Yoreh De’ah, §11), where someone, in a fit of anger, swore not to eat any hot food until Purim. He wished to fulfill his neder but wanted to know whether this applied only to hot dishes when piping hot or also when cooled. The response was that it applies even after the dish has cooled, as long as it is the kind of food typically served hot—but not other hot foods that are normally not served hot. We see from here how strictly the Poskim interpreted the language of nedarim.
In practice, I asked several leading Poskim, and Rav Azriel Auerbach shlit”a told me that the person would require hataras nedarim to eat pareve cholent. His pesach (basis to annul the neder) would be that he only wished to ensure that he only eats fleishig cholent Shabbos. Other Poskim also ruled stringently, saying that “cholent” is a general term for the Shabbos dish, which typically includes various ingredients—whether or not it contains meat.
Just as omitting beans or barley doesn’t make it lose the name “cholent,” so too it retains that name without meat.
One might argue that if the person explicitly intended only to prohibit himself from eating fleishig cholent, the vow wouldn’t apply to pareve cholent. But in most cases, the opposite is likely true: Since he specifically vowed not to eat weekday cholent—which is usually pareve—the neder would indeed apply to pareve cholent as well, and he would be forbidden from eating it during the week without hatarah.
However, we should note that some Poskim ruled leniently, since the halacha follows the intent of the one making the vow. In places where pareve cholent is not considered “real cholent” but just a general cooked dish, there may be no need for hataras nedarim. In the U.S., for example, where pareve cholent is almost never eaten—neither on Shabbos nor during the week—it can be argued that the person making the vow only had in mind the typical fleishig cholent, and thus hataras nedarim may not be needed.
In practice:
Someone who vowed not to eat cholent during the week and then attends an event where pareve cholent is served:
• If he intended to include pareve cholent in his commitment, he certainly requires hataras nedarim.
• If he didn’t have that intent, but lives in a place where pareve cholent is commonly eaten during the week, he still needs hataras nedarim.
• If he is in a place like the U.S., where pareve cholent is rarely eaten and “cholent” is generally assumed to be fleishig, he does not need hataras nedarim.
It is also worth noting that according to Rav Shlomo Zalman Auerbach ztz”l, if someone said hataras nedarim on Erev Rosh Hashanah and nullified any future personal nedarim, this would exempt him from requiring hataras nedarim for good hanhagos they later adopt. According to this, there may be room for leniency.
Short Teshuvos Regarding Hilchos Sefiras HaOmer
Rulings regarding shaving when there’s a concern of financial loss, and listening to music when necessary
Q: I was asked by someone who suffers from depression, rachmana litzlan, and finds it extremely difficult to go even just 33 days without music. He wanted to know whether he can be lenient and listen to music privately during Sefiras HaOmer.
A: The source of the custom to refrain from listening to music is found in the Magen Avraham (Orach Chaim 493:1), who writes that during Sefiras HaOmer, the custom is to refrain from dancing of reshus, even at engagement parties. The Aruch HaShulchan adds that it is certainly forbidden to play musical instruments.
However, I have received from leading Poskim shlit”a, and this was also the ruling of Maran Rav Shlomo Zalman Auerbach zt”l, that in a case of genuine need—such as someone suffering from clinical depression and needing to lift his spirits—it is permitted to listen to music privately to alleviate the emotional pain.
Similarly, it would also be permitted for someone who needs it to stay awake while driving, etc. The logic for permitting this is that the music is not being listened to for the sake of joy, but to avoid a more serious condition or danger.
See also Shu”t Shulchan HaLevi (1:13), where Rav Yisroel Belsky zt”l also permitted music when necessary to prevent depression.
Q: Someone wanted to know if he is allowed to lightly trim his hair or beard because he has a potential job opportunity.
A: The general rule regarding haircuts during Sefiras HaOmer is that if a person is concerned about financial loss, it is permitted to take a haircut. But if it’s merely a matter of a potential profit, it is not permitted.
A financial loss refers to something like losing out on actual money or the chance to secure a job. For example, if someone has an interview with a company and coming unshaven might lead the employers to consider him unsuitable for the position, there is room to be lenient, because this is considered financial loss—not getting the job.
However, if someone is already working at their regular job and just thinks people will look at them oddly or unprofessionally, that is not sufficient grounds for leniency.
Although Shu”t Igros Moshe (Orach Chaim Vol. 4, Siman 102) permits shaving in cases of financial loss, this would only be for a valid reason, with a real concern for their livelihood.
Therefore, each person should consult their personal Rav, because generally speaking, we do not find that people who keep Halachah suffer financially because of it…