The  Basur  IS  Asur

Pas Yisrael

By: Mindy Rothstein

        Pas yisrael… Many people never heard of it and many people heard of it but don't know exactly what it's really about. What is pas yisrael?, What is pas palter?, What foods are included in pas yisrael? How does something become pas yisrael? All of these questions and many more are what I hope to answer in my paper to give people a "little taste" of what pas yisrael is really all about.

        Why was the gezaira of pas yisrael made?  As part of the overall strategy to guard Jews from assimilating with goyim, the chachamim made a gezaira against eating kosher bread baked by a goy. Doing this limited the social interaction of the Jews with the goyim (Shulchan Aruch, Y. D. 112). Other things such as milk, oil, and wine are asur to eat if they are made or processed by a goy. These items are asur because eating them will increase social interaction, which might lead to intermarriage, which might lead you to be influenced by your goyish spouse to do avoda zara(Gemara Avoda Zara 33 amud 2).

        According to the Igros Moshe , since the gezaira was made to stop intermarriage, it would seem that bread baked by a non- observant Jew would be mutar, but many poskim disagree and say that their bread is asur. Nowadays, most non- observant Jews are ignorant of Halachah and are classified as "tinokos shenishbu" therefore, according to some poskim their bread is mutar.     In Rambam Hilchos Ma'achalos Asuros, he states that even though the Torah doesn't say that you can't eat bread baked by a goy, the chachamim made this gezaira to prevent intermarriage.

        Why isn't pas yisrael as widely accepted as the gezairos against wine (yayin nesech) and milk (chalav yisrael)?  Since bread is a bigger dietary staple than wine and milk, (chachamim call bread "chayei hanefesh") the decree of pas yisrael isn't as widely accepted as the decrees of yayin nesech and chalav yisrael which more people keep. According to the Yerushalmi this gezaira was
officially taken away by a  later beis din because of the hardships it posed to daily living.

        What is pas palter? In communities where pas yisrael wasn't always available it became customary to eat pas palter. Pas palter is bread baked commercially (by a goy). The idea behind allowing pas palter is that eating bread that's baked commercially doesn't lead to socializing
because you don't meet the baker; you have no contact with a goy. Pas palter was universally accepted but, as soon as pas yisrael was available, the gezaira against pas palter was into effect and pas palter wasn't an option anymore.

        Under what circumstances may you eat pas palter? According to Rambam (17:12) if there wasn't a Jewish baker around or you were in the middle of nowhere ("sha'as hadchak"), you may eat pas palter.  Many chachamim say that a guest is allowed to eat pas palter if it was offered to him by his host, in order to prevent the host form embarrassment or ill will that would arise if he refused (Kashruth -by Rabbi Yacov Lipschitz).

        If Pas Yisrael is available within an 18 minute drive from you house - go buy it, if its not, you should bake your own bread or help a non-Jew in the baking.  If you are on the road travel ahead 72 minutes and if there isn't any pas yisrael to be found and you can't make your own you may eat pas palter. (Mishna Berurah 603:1, Aruch Hashulchan112:18)

        What are the varying degrees (levels) of this gezaira? Depending on the location, this gezaira was observed in varying degrees: 1. Some communities were very strict and didn't allow any pas palter at all  (Aruch Hashulchan and Shulchan Aruch 112:2). 2. Others let pas palter be eaten even when pas yisrael was available (Rema in Y.D. 112:2). 3. Others allowed pas palter only when pas yisrael wasn't available (Shach 112:9).
        Even today, when pas yisrael is available almost anywhere, many places rely on the minhag and allow pas palter to be eaten (Igros Moshe 2:33). Many reshonim note that the isur of pas akum wasn't accepted in all places because of the principle that a gezaira can only be decreed if most of the people can keep it.  Places that couldn't keep it wouldn't.

        When are times that you should eat pas yisrael? The Mishna Berurah states that those who eat pas palter during the week should preferably eat pas yisrael on yom tov and Shabbos.  The
Magen Avraham (242:4) states that this is one of the reasons why it became a minhag for women to bake their own challos for yom tov and Shabbos.

    During aseres yemai teshuvah everyone should be careful to eat only pas yisrael. The Mishna Berurah and the Shulchan Aruch make it sound like you are required to do this but the Chayei Adam and Aruch Hashulchan say it's the proper thing to do.  Here are reasons given why we should do this: 1. So that we conduct ourselves with extra kedusha during these High Holy
Days (during the Talmudic times everyone was careful not to let their food become impure during aseres yemai teshuvah-Tur quotes the Yerushalmi in Shabbos 3:3) 2. To serve as a reminder of the unique status of these days. 3. To ask of Hashem not to judge us strictly just like we have accepted a practice that isn't strictly required to keep, but we keep it anyway (Kitzur Shulchan Aruch 130:2).

        If one forgets and makes a dish containing pas palter (like chicken with bread crumbs or ice scream with cookie crumbs) during aseres yemai teshuvah, there is a question as to whether you can eat the food. If the pas palter is recognizable then it's asur, but if its not (like it dissolved or it was taken out) its mutar as long as the pas palter isn't the main ingredient(Y.D. 112:;11).

        If something is mutar according to the halachos of pas yisrael, does that make it "mutar gamur" or might other isurim apply?  There is another isur derabanan against eating bishul akum ,
which is the isur of eating any "important" food (important = food that would be served at a meal with dignitaries) that was cooked by a goy (and a Jew wasn't involved in the process at all). There may be some items that aren't included in the isur of pas palter but may be included in the isur of bishul akum.

        What is the din with bread produced in factories, on assembly lines in a process?  A minority view holds that factories that make food on assembly lines in a process which is very different from regular bakeries, isn't included in the isur of pas palter (R' Moshe Feinstein said this orally
but it's quoted in the Torah journal Mesorah Vol.1). In the Igros Moshe (Y.D. 4:48) there is a similar ruling but it says that although this isn't a clear heter we shouldn't object to those who rely on it since it's an isur derabanan (a majority of poskim don't accept this leniency).

        Which foods are included in pas yisrael?  According to the Shulchan Aruch, only bread made from the five species of grain (barley, rye, oats, wheat, spelt) is included in the gezaira. Rice bread and corn bread aren't included in the gezaira because they aren't "important" foods (Shach 113:1). "Bread" includes food on which you would say hamotzie if you would make a meal with that food. All breads, cakes, cookies, crackers, pretzels etc. are included in the category of bread (Rema Y.D. 112:6). Some pasta's, flat pancakes, crepe/blintzes, farfel, soup croutons, and doughnuts may be considered "important" food (and would need to be pas yisrael) depending on how they are prepared. Any of these foods that have a thick batter and are eaten in large portions, need to be pas yisrael. Fried or cooked loose batters don't require a hamotzie no matter how much is being cooked and therefore it isn't subject to the din of bread, but rather is subject to the dinim of bishul akum. If there is a food that contains a mix of flour from the 5 grains and rice or corn etc.- it may be considered bread depending on the majority of the 5 grains in the mix. In this case you should consult a Rav(Kashruth By R' Yacov Lipschitz).

        What are the Halachic phases in the bread baking process and how much of the process must a Jew be involved in- in order for the food to be pas yisrael?
There are 3 Halachic phases to the bread baking process:
1. Pre-heating the oven
2. Placing the dough in the oven
3. Regulating and adjusting the temperature
The Halacha is that if a Jew is involved in any of the phases, even if it's just adjusting the temperature a few degrees, the bread is considered pas yisrael (Y.D. 112:10 and Kashruth Artscroll). Some rabanim say that a Jew turning on an electric light bulb installed in a gas oven
is sufficient involvement in the baking process. Since the heat is generated by the bulb, it's considered helping the baking process. Some Rabanim such as Harav S.Y. Elyashiv, disagree with this leniency (Madrich Kashruth '96 p.98). If a Jew wasn't involved in any of the phases of
baking, the bread is asur , and considered to be pas akum.