Parshas Vayakhel 5786 – Intriguing Questions & Answers
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The Cup of Eliyahu Hanavie — Does It Require Tevilah?
Q:
I was asked whether the special cup designated for the Kos of Eliyahu at the Seder requires tevilah (immersion in a mikveh) or not. The doubt exists only regarding those who have the custom not to drink from this cup at all, but rather at the end of the Seder they return the wine in it back into the bottle. Since it is not used for the meal at all, it would seem that it does not require tevilah. Or perhaps it must be immersed, since it is no worse than other storage vessels (klei otzar) that people customarily immerse without a blessing.
A:
I have seen those who write that the Kos of Eliyahu requires tevilah even if one does not drink from it, because it could potentially be used for another food use (i.e., to drink from it), as written by the Schach (120:11). For this reason, the Rema writes that lechatchilah one should immerse a shechitah knife, even though it is designated for food that is not yet fit for eating, since it could be used for another food that is fit for consumption. However, it appears that this comparison is not correct. A knife designated for cutting parchment does not require immersion, as explained in Shulchan Aruch 120:8, even though it could theoretically be used for a meal. It must therefore be that the conclusion of the Schach ibid, that a shechitah knife should be immersed because it could be used for another food purpose, was said specifically regarding a shechitah knife. Its current use is still connected to food preparation, except that it is not considered a utensil for a meal because the food involved is meat that is not yet fit for consumption. In such a case, the fact that it could be used for another food purpose is enough to obligate it in tevilah.
However, regarding the Kos of Eliyahu, since it is not used at all to prepare the wine for drinking, the mere possibility that it could be used for another food purpose is not sufficient to classify it as a meal utensil. Indeed, I saw in the sefer Chashukei Chemed from Rav Yitzchok Zilberstein Shlit”a, that he brings several considerations: First, seemingly it is not comparable to a cup from which one drinks, since the usual practice is not to drink from the Kos of Eliyahu, and therefore it is not considered a meal utensil. Additionally, it may resemble a cup made merely for holding (lekayem), about which some say that tevilah is required (see 120:1 רעק”א). However, for this reason alone we would not recite a blessing because it remains doubtful.
Nevertheless, in addition to this there would be reason to immerse it with a blessing, since the next day it might be used for Kiddush, and also because it might be used for drinking in the future [However as explained above this isn”t the case with our utensil being discussed here]. It appears that what he wished to compare the Kos of Eliyahu to a storage utensil (kli otzar), which requires immersion without a blessing, since it is used to hold wine during the Seder. However, it seems that this is not comparable at all. In the case of a storage utensil, holding the food in the vessel assists the eating during the meal, since through it the food is readily available when one wishes to eat it. Therefore, some say that such a storage utensil is considered a meal utensil.
But regarding the Kos of Eliyahu, which does not assist at all in drinking the wine, but merely holds the wine for some time, there is no reason to classify it as a meal utensil, and it is exempt from tevilah.
However, those who have the custom not to return the wine from the Kos of Eliyahu to the bottle, but rather to pour it from that cup into other cups for drinking—in that case the Kos of Eliyahu may be considered a meal utensil, since it is used to pour into cups from which people will drink. Therefore, in such a case it should be immersed, but without a blessing. The reason no blessing should be recited is that even in this case it is still possible that the Kos of Eliyahu is not considered a meal utensil. After all, the primary use of the cup is to hold wine during the Seder, and the fact that the wine is later poured into other cups is not its primary function. Rather, since the wine is already in the Kos of Eliyahu, it is then poured into other cups in order to drink it. Since it is not certain that there is an obligation of tevilah, the cup should therefore be immersed without a blessing.
In the name of Harav Elyashiv Zt”l it is recorded that he held in regards to the Kos of Eliyahu, when it is not used for any other purpose besides this cup, and it was manufactured outside of Eretz Yisrael—so that in principle it would require tevilah—should be immersed without a blessing.
Panim Chadashos Who Arrive at the Seudah but Leave Before Birkas Hamazon — Do We Recite the Sheva Brachos?
Q:
I was asked many times regarding the Sheva Brachos: when someone arrives who is considered a panim chadashos—whose presence is supposed to allow the recitation of the sheva brachos at the conclusion of Birkas Hamazon—but he himself must leave early, before Birkas Hamazon, and only remains for the meal of the Sheva Brachos. In such a case, do we still recite the shave brachos when he leaves, or only if the panim chadashos are present at the time when reciting birkas hamazon are said?
A:
The accepted ruling among leading halachic authorities is that we do recite the sheva brachos even if the panim chadashos leave early, before Birkas Hamazon. In explaining the basis of this ruling, we need to begin by mentioning the longstanding discussion between the Rambam and Tosafos regarding when the sheva brachos are recited:
According to the Rambam, the reason we recite sheva brachos in the presence of panim chadashos is because they have not yet heard the brachos being recited on their behalf. Therefore, the panim chadashos must be present at the time of the sheva brachos.
According to Tosafos, however, the sheva brachos are recited when there are panim chadashos because their presence increases the joy of the Chasan and Kallah. From this perspective, it suffices that they attended the meal, as their presence already brought much joy to the couple.
Among the later authorities, such as Piskei Teshuvos (Even HaEzer, Siman 62:14), it appears that in such a case the sheva brachos are not recited. This is also the opinion of HaGaon Rabbi Shalom Kluger and other later authorities.
However, according to Tosafos, it seems that even in this scenario one may recite the sheva brachos. Therefore, some write that even though ideally the panim chadashos should remain until the end of the meal, nevertheless, since Tosafos rules to recite the blessings in such a case, one may rely bedi’eved on their opinion and recite the seven blessings.
This is also the opinion of Hagaon Harav Moshe Feinstein and HaGaon Harav Yosef Shalom Elyashiv zt”l (see Mishnas HaGaon Elyashiv, Chapter 7:36). They also note that ideally when one can, the panim chadashos should be present at the time of the birkas hamazon. See also Shulchan HaEzer (Siman 12:8) and Shut Chayei HaLevi, 3:88.
Frying Onions for Pesach in Kitniyus Oil — What Is the Status of the Utensils?
Q:
An incident occurred with someone who has the practice of cooking all of his foods before Pesach, as many meticulous individuals do. However, since he prepared them some time before Pesach, while chametz was still in the house, the oil intended for Pesach was mistakenly switched with legume oil-Kitniyus that he uses throughout the year. The Poskim told him that these onions cannot be used for Pesach and are forbidden to be eaten during the Yom tov. His question is whether the frying pan has become unusable for Pesach, or whether there is a way to kasher it.
A:
It seems that the frying pan may be used on Pesach, since there are many poskim who maintain that legumes-kitniyus which are not normally eaten as they are, but rather are processed to produce oil (such as canola oil and the like), do not fall under the prohibition of kitniyos. This also seems to be implied in the words of the Shulchan Aruch Harav 453:4.
Although most Ashkenazim are stringent regarding this matter, nevertheless one may be lenient concerning absorption (beli’ah) of doubtful kitniyos such as the canola oil and the like. An additional reason to permit this is based on what the Chayei Adam writes: “Nevertheless, bedi’eved, if one of these items fell into a cooked dish, it is permitted if there is a majority “Rov” of permitted food against it and it is not visible. Whatever is recognizable should be removed.”
From this we see that he holds that the taste of kitniyos does not prohibit even a food into which it directly fell (which would be a first-level taste-Taam Rishon). Certainly then, when the taste was absorbed into a utensil and the utensil subsequently transfers taste into food, the food would certainly be permitted.
Accordingly, even if we are stringent regarding the onion itself, which absorbed the taste of the oil (and perhaps the oil might be considered as still present before us and thus prohibited even according to the Chayei Adam), nevertheless there is no reason to be stringent regarding the frying pan.
In the sefer Kaf Hachaim siman 453 we find that he brings down a dispute regarding the absorption-bliyos of kitniyos in utensils, and he concludes that after twenty-four hours one may be lenient and rely on the opinions that permit it”s usage after that during Pesach.
The poskim further added that even the onion itself need not be thrown away; it may be frozen and used after the days of Pesach. This is also the practical ruling of several leading halachic authorities cited in Shu”t Vayishma Moshe volume 7.