Bishul
Akum
by
Davidah Moradi and Penny Rubin
Bishul Akum can be defined as a non-Jew cooking for a Jew. This has been an
ongoing debate throughout many years deciding weather or not it is
mutar and there have been many different responses. We will present the argument
here.
The Gemara says : that this idea is asur for they are scared that there will be
intermarriage between the non-Jewish cook and the Jewish person who lives there.
Their reasoning isn't based on a fear of violating a Halacha of kashrus but
rather fear of assimilation. We should learn from this that intermarriage is
very looked down upon in yiddishkiet that our rabbanim go to all extents
to try to avoid it and so should we.
The Rambam says : that this idea is mutar as long as there is action within the
cooking. For example, you have to move the coals, putting the chicken in the
pot. The Jew is obligated to do the action for that is the essence of making the
food, but if it was a matter of just needing to stir something then it is
allowed. This pertains to our life in many different situations. If we have a
housekeeper who is a gentile then we are allowed to tell them to go stir
something or add something in as long as we y put the actual ingredients in the
food.
The Shulchan Orech states: Sif Daled siman kuf yud gimel quotes the Rama
saying "yesh mi she-matir b'shifachot shelanu v'yesh mi she'asur vafilu
b'dieeved." In English that translates to some people say you are
allowed to have servants and other people say you are not. The Shulchan Orech
says this here because some say you are allowed to eat from your non-Jewish
slaves and those who don't believe in the non-Jew slavery believe we can't
eat the food they cook.
Bdieved - you can't rely on the servant because then it would be asur.
But lichatchila it would be mutar because it would be impossible for some Jew
not to participate in some sort of action with in the cooking such as moving the
coals, moving the pot, moving the food inside the pot etc.
The Ramban brings down a very interesting perush that is in support of having
non-Jewish workers because the says they are not full non-Jews. Being that the
Jewish owners don't allow their workers to work on shabbos so it is mutar.
Shulchan Orech , Sif Zayin siman kuf yud gimel " ein shagirat hatanur
muulat elah bi pot aval bshaar hamiba shelim. Ein gira litanur vlo hadlaakat
haasih meelah oo morid elah ha'hanach doka lifichach harotzhe livashel
b'machaveh b'tanur shel oved kochavim tzarich sheyitain yisroel hamechaveh
l'toch htanur. Limakom, haaraoy litvashel bo."
This
can be explained as: For baking, as long as the Jew put the fire on as opposed
to the non Jew turning on the fire then it is mutar, but regarding different
methods of cooking such as cooking, broiling, etc…. By the Jew turning on the
fire is not enough! We need more! In order for it to be mutar we must take part
in the action of the cooking, for instance we can put the pan in the oven and
the non-Jew can add the finishing touches….We gain form this knowledge the
Halacha in what to do in our own homes if a non-Jew is cooking for us. We know
that we must turn on the oven and we also must participate in the cooking
process.
The shach says that we can eat form their cooking because we know that they wont
be doing all the work and a Jew is bound to participate in the cooking at some
point in the process. Therefore he agrees with the Shulchan Orech seif daled.
The Mechaber says you cant eat form any goy no matter what because they worship
avodah zara, there for he disagrees with the ramban completely. Most people
don't hold by this but there are a small group of Jews who choose to be more
machmir in this area and hold by this idea completely.
RABBENU PERETZ, MAHARAL, MAHARITZ, AND MORDICHAI HATZADIK all say: as long as
the Jew turns on the fire it is not considered Bishul Akum. They agree with the
Shulchan Orech sief zayin.
RAV AVRAM BEN DOVID SAYS : If a non- Jew comes and cooks in a Jewish home
then it is 100% mutar but…….Rav taam Says: he doesn't allow it and it
100 percent asur no matter what!
In conclusion we hold that if you are faced with this situation first call your
local orthodox rabbi instead of basing your judgment on a paper by 16-year-old
yeshiva girls. But these yeshiva girls follow the din of the Shulchan Orech and
the Rambam by saying that you have to turn on the fire if you have a non Jew
cooking in your home and you have to participate in the action, by doing an
action with in the cooking of the food.