Parshas Matos-Masei 5785 – Intriguing Questions & Answers
A Gentile Maid Bakes Bread – Is There a Way to Permit It? (Avodah Zarah 35)
Q: A Jewish woman employs a non-Jewish maid. If she wants the maid to place dough in the oven to bake bread, she must ensure that she herself turns on the oven. If not, the bread is considered to be “Jewish dough that was baked by a non-Jew,” and is prohibited according to halachah (even according to those who are not makpid for pas Yisroel). However, is there any way to permit the bread if she mistakenly allowed the maid to begin baking on her own?
A: Let us briefly bring the relevant sources regarding pas akum:
The Mishnah in Avodah Zarah (35b) states that Chazal prohibited eating gentile-baked bread, even when there is no concern for forbidden ingredients and even if a Jew is supervising the baking. The reason for this is a rabbinic safeguard due to concern for “chasnus, intermarriage” as explained in the Gemara (Avodah Zarah 36b). The Ran clarifies (on the Mishnah) that since people commonly drink wine with bread, eating a gentile’s bread could lead to wine-drinking together, which in turn fosters social closeness and possibly intermarriage.
The Chochmas Adam (Klal 65:1) similarly explains that the decree was intended to create strong separation between Jews and non-Jews, so that we do not socially interact with them, which may naturally lead to relationships and ultimately intermarriage—just as happened with Bnei Yisrael with the daughters of Moav. This is even more of a concern when there is food and drink involved, which leads a person down this path.
Although this may seem like a distant concern, Chazal were nevertheless concerned and were very strict, due to the severity of intermarriage with a gentile.
However, although there is a clear rabbinic decree against pas akum, the Rishonim write that in practice, one may be lenient. Tosafot (Avodah Zarah 35b, s.v. mikhlal) and other Rishonim explain that the decree was not universally accepted among the Jewish people, particularly when it proved too difficult to uphold (e.g., when kosher Jewish bread was unavailable). As a result, many communities were lenient. However, they were only lenient regarding pas palter (bread from a non-Jewish baker), but not pas baal habayis (homemade gentile bread).
The Rosh holds that this leniency goes so far, that even when Jewish bread is available, the leniency was practiced; while the Rashba and the Ran (cited by Beis Yosef) limited it to cases where Jewish bread is unavailable. The Shulchan Aruch (Yoreh Deah 112:2) rules stringently like the Rashba, while the Rema permits pas palter even where pas Yisrael is available, like the opinion of the Rosh.
Therefore, Sefardim, who follow the Mechaber, should not eat gentile baker’s bread when pas Yisrael is available. Ashkenazim, who follow the Rema, may be lenient regardless. Nevertheless, the Shach (9) writes that if one can, a person should be strict all-year round, and not only during Asered Yemei Teshuvah. Similarly, the Chochmas Adam writes that although it is permitted even when Jewish bread is available, a baal nefesh should be careful, since pas Yisroel is available.
Nevertheless, since it is permitted in principle, the Poskim offer many scenarios where one may be lenient even lechatchilah, such as when the pas palter tastes better, or when it is significantly cheaper (see Shulchan Aruch 112:5).
Regarding our question at hand:
If the gentile maid began baking the bread, the bread is considered pas akum. However, the following solution is available: if before the baking is complete, the Jewish woman turns off and then reignites the oven, the final stage of baking is attributed to her. This would render the bread pas Yisrael, as ruled in Shulchan Aruch (112:12). However, if the bread was already fully baked when the Jewish woman turned on the fire, her action is not effective in rendering it pas Yisrael.
Even if the bread could still be improved—such as by turning it into toast—this enhancement does not change its halachic status. Although the Kaf HaChayim (Orach Chaim 318:78) rules that although such toasting constitutes a halachic change regarding cooking on Shabbos, in our case, it is not sufficient to reclassify the bread as pas Yisroel.
This ruling is brought in Kovetz Mi’Beis Levi (Yoreh Deah, Maachalei Akum, pg. 50), quoting Rav Shmuel Wosner zt”l, who ruled that toasting bread already fully baked by a gentile does not change its status to pas Yisrael. The only time that improving helps (as mentioned in the Shulchan Aruch), is if the original baking was incomplete and the Jew completes it—then the Jew’s action is viewed as essential to the finished product. But when changing it from bread to toast, since it was not “incomplete” prior to the toasting, it does not change its status.
Can One Arrange a Match Between Two Non-Jews?
Q: I am a well-known shadchan in my community. A man contacted me, inquiring about a potential match, and after much discussion, I learned that he is not Jewish. I was unsure whether I could arrange a match between two non-Jews.
A: This question arises from the broader topic of whether assisting in gentile births constitutes a halachic problem, as we learned recently in Daf Yomi (Avodah Zarah 26). This raises the question of whether arranging matches between gentiles falls under the same category.
The Kenesses HaGedolah raises this very question—whether it is permissible to arrange a shidduch between a non-Jewish man and woman. He quotes the Maharam Chalava, who rules that it is forbidden, based on a Yerushalmi. Nevertheless, he notes that Jews have the custom to be lenient, and “Hanach lahem l’Yisroel—leave Yisroel as they are.”
In Sheilos U’Teshuvos Zera Emes (3:106), the author discusses this at length. He cites the Kenesses HaGedolah and identifies the Yerushalmi as the one the Rema refers to, which prohibits teaching a trade to a gentile. However, he distinguishes between the two cases: teaching a trade is direct assistance, while matchmaking is only indirect (grama), and therefore he permits this. This is also the position of Shu”t Chavos Yair (§185), although some Poskim are stringent, based on the ruling of Maharam Chalava.
Additionally, Rav Yitzchak Zilberstein writes that there may be other concerns that may arise when facilitating gentile relationships, such as potential violations of “lo techanem” by praising a gentile, or indirectly assisting in childbirth of gentiles, based on Avodah Zarah 26a.
See also Emek Halacha by Rav Tuvia Goldstein zt”l who discusses the issue. In MeMeonot Aryeh (p. 672), the author concludes that one should be stringent and avoid matchmaking non-Jews, especially since Chut HaYair himself is not so certain regarding its permissibility.
In Conclusion: It is preferable not to arrange matches between two non-Jews, for several reasons, as outlined above.
A Minor Eating on Tisha B’Av That Falls on Motzaei Shabbos: Must He Make Havdalah with a Kos?
Q: When Tisha B’Av falls on Motzaei Shabbos, as it does this year, must a katan who is not fasting recite Havdalah with a kos before eating?
A: The Maharil Diskin (Teshuvos, Kuntrus Acharon §5, 72) writes: I am unsure regarding a sick person who must eat—must he make Havdalah first? It would seem that he should.
However, regarding a minor, we must consider based on what is established in Siman 559 that we are concerned that “asi lemisrach” (he may become accustomed). There, the halachah regarding a bris milah on Tisha B’Av allows a minor to taste wine, and we are not concerned that he will come to do so when older, because a bris on Tisha B’Av is not a fixed occurrence. But with Havdalah, when Tisha B’Av falls on Motzaei Shabbos, we do not give it to a minor to taste, as we are concerned that he will become accustomed to this, since this scenario recurs every 3–4 years. Therefore, we delay Havdalah until after the fast ends.
Following this, the same concern may apply to our case: if the child makes Havdalah before eating, it may cause him to become accustomed to it, since it is a fixed occurrence.
On the other hand, one could argue that regarding giving a katan to drink, the child is involved in an obligation (Havdalah), and thus there’s concern he’ll think the same applies when he’s older. But here, we can explain to the child that the Havdalah is only necessary because he wants to eat, not because it’s an obligation, and if he does not want to eat he does not need to recite Havdalah—and thus there is no concern that he will become accustomed to this, for just as he abstains from eating, he will abstain from Havdalah as well.
It would seem based that based on this last reasoning that there is no concern that he will become accustomed, that a minor should indeed make Havdalah before eating.
Regarding the general prohibition of eating before Havdalah:
The Shulchan Aruch (Orach Chaim 269) states that for a bris on Shabbos, one may give a child wine from the kos shel milah even before Kiddush. The Magen Avraham (1), quoting earlier Poskim, writes that it is even permitted for a child of chinuch age (around six or seven, depending on the child). On the contrary, if wine is given only to a child below chinuch age, it is a brachah in vain, since he has not yet reached an age where he can be educated in bracos. Although later in Shulchan Aruch (Orach Chaim 343) it states that it is forbidden to feed a child even items that are forbidden m’drabanan, here it is permitted for various reasons—as explained there.
Similarly, one may feed children on Shabbos morning before Kiddush, and it is forbidden to cause them suffering. Similarly, it is permitted to feed them before Havdalah. So, writes Shemiras Shabbos Kehilchasah (Vol. II, Ch. 59:10): A child may be fed before Havdalah, even if he has reached the age of chinuch, because the eating itself is not inherently prohibited (i.e., it is not that the food is forbidden per se, but rather that he has not yet heard Havdalah), and the child needs it.
Although the Gemara (Pesachim 105a) is very strict regarding eating before Havdalah, and cites a story with Rav Huna, who rebuked a man for drinking water before Havdalah, warning him, “Are you not concerned for askarah (strangulation)?” As a Tanna said in the name of R’ Akiva: “Whoever tastes anything before Havdalah, his death shall be by askarah”—this applies only to adults for whom eating before Havdalah is prohibited. A child, to whom the prohibition does not apply (as noted above from Magen Avraham regarding Kiddush), is also not subject to this warning.
In Conclusion: When Tisha B’Av falls on Motzaei Shabbos, ketanim who are eating are not obligated to recite Havdalah before eating. Instead, they should hear Havdalah from adults after the fast ends, and they fulfill their mitzvah of chinuch through this as well. There is no concern for the punishment of askarah, as that applies only when there is a prohibition in effect—which does not apply to minors.
Havdalah for Women on Tisha B’Av That Falls on Motzaei Shabbos
When Tisha B’Av falls on Motzaei Shabbos, Havdalah with a kos is not recited until after the fast ends on Sunday night. A sick person who must eat on Tisha B’Av, however, should make Havdalah before eating, as ruled by the Knesses HaGedolah—the accepted practice today, even though some argue on it.
If a woman needs to eat on Tisha B’Av: If there is a sick man who will be making Havdalah on wine, she should fulfill her obligation by hearing it from him. If no one can do it for her, she should say “Baruch HaMavdil bein kodesh l’chol” at the conclusion of Shabbos and then eat, without a full Havdalah. After the fast ends, she should hear Havdalah with a kos from her husband.
Some Poskim in Eretz Yisrael hold that a woman may herself make Havdalah on Motzaei Shabbos in such a case. Each person should follow the guidance of their Rav.