Q & A HALACHA
About Potatoes
Are boiled potatoes that were made without any Jewish involvement
subject to the prohibition of bishul akum (cooked by a non Jew) ?
- There are two basic criteria for a food to be subject to bishul akum.
1. The food must not be edible in its raw state
2. It must be 'oleh al shulchan melachim' (suitable to be served at a royal table or a
fancy banquet). - Since most people would not eat raw potatoes & cooked potatoes today are served at fancy banquets, it would appear the prohibition of bishul akum would apply to boiled potatoes.
- Indeed, the Chochmas Adam (66:4) writes that potatoes are subject to bishul akum.
- However, the Aruch Hashulchan (YD 113:18) disagreed & maintained that potatoes
are a poor man’s food that are not served at a king’s table. He notes that occasionally
potatoes are eaten by the wealthy & elite when they are plentiful in season but even then
they are only served as a secondary food & are not the main dish. - However, it is possible that the Aruch Hashulchan would agree that today, potatoes are
more respectable & the prohibition of bishul akum would apply. - In practice, the OU follows the opinion of the Chochmas Adam & requires bishul Yisroel
for cooked potatoes.
If potatoes are subject to bishul akum, what about potato chips?
Must kosher certified potato chips have bishul Yisroel status?
- This question hinges on the following inquiry.
As noted, bishul akum applies only to foods that are 'oleh al shulchan melachim'
(served at royal feasts). - Must the food be served at royal feasts in its current form which would exclude potato
chips from bishul akum, since they are not served at royal banquets or does it suffice
that the food category can be prepared in a manner that is suitable to be served at royal
feasts in which case potato chips are subject to bishul akum, since potatoes can be
prepared as a fancy food item? - Rabbi Belsky, zt'l subscribed to the former position & held that potato chips are not
served at royal feasts & bishul akum does not apply. Rabbi Belsky brought as evidence
the statement of the Rama (YD 112:1) that rice bread is not subject to bishul akum,
because it would not be served at a royal table & is not served at royal feasts. Plain
rice can be served at royal feasts but nonetheless rice bread is not. That proves that we
consider the actual manner of preparation & not the suitability of the food category.
The previous Halacha Yomis quoted Rav Belsky’s view that although
cooked potatoes are subject to bishul akum, potato chips are not.
What about French fries? Are they like potatoes or like potato chips?
- Rav Belsky, zt'l held that French fries are primarily a fast food or snack item & are
therefore not subject to bishul akum. - Some argue that French fries today are a respectable food, as evidenced by the fact that
steak & chips can be ordered at some of the most upscale restaurants. Rav Belsky
countered that this has more to do with the fact that people enjoy steak with chips than
with the importance of the food. (This is similar to the argument of the Aruch Hashulchan
regarding potatoes, quoted in a previous Halacha Yomis.) Rav Belsky offered as proof
that French fries are typically served at weddings only to young children, but not at adult
tables.
A non Jew cooked a potato 1/2 way or more & a Jew completed the cooking,
is the food categorized as bishul Yisrael or bishul Akum?
- This is a matter of dispute between rishonim (early codifiers).
- Rav Yosef Kairo in Shulchan Aruch (YD 113:9) leans in favor of the stringent view, but
is lenient in cases of necessity, such as:
1. The food was prepared for Shabbas or Yom Tov meals & there is no time to prepare
anew.
2. Discarding the food would be a significant loss. - On the other hand, the Rama maintains that the custom is to follow the lenient view
Although food partially cooked by an non Jewbwould be considered bishul akum, the
additional cooking by a Jew renders it bishul Yisrael. (If the food was fully cooked by
a non Jew. - As is generally the case, Sefardim follow the stringent view of Rav Yosef Kairo, while Ashkenazim follow the lenient position of the Rama.
May one eat instant potatoes that were initially cooked by a non Jew
& dehydrated & then reconstituted & cooked by a Jew?
- There are two types of instant potatoes. Some require recooking to be edible. Others can
be rendered edible even if mixed with cold water. We will talk about the former situation
& the latter will be in another Q & A.
- Rav Yosef Kairo (Teshuvos Avkas Rochel, siman 30) was asked about grains that
were partially cooked by a non Jew & then left to dry to the point where they were no
longer edible without further cooking. - If a Yisrael cooked the grain, would they be considered bishul Yisrael?
The Avkas Rochel appeared to be uncertain, though he indicates there is basis to be
lenient. The Shevet HaLevi (2:45) writes that although Rav Yosef Kairo is uncertain,
that is because he was strict regarding removing the prohibition of bishul akum by having
a Jew finish the cooking. But for Ashkenazim, who follow the Rama (who ruled that Jewish completion is Bishul Yisrael), the grains would be permissible since the Jew finished the process. - Though the Rama agrees that fully cooked bishul akum food cannot be transformed with further cooking, that is not the case with grains that were dried & became inedible. Based
on this logic, Rav Belsky, zt'l ruled that instant potatoes that require further cooking to
make them edible again are permitted, provided that a Jew finishes the cooking.
Do instant potatoes that can be reconstituted
with cold water require bishul Yisroel?
- Rabbi Belsky, zt”l ruled that since the potato powder becomes edible without further
cooking, reconstitution by a Jew will not reverse the status of bishul akum. (Instant
potatoes are served at weddings & fancy banquets & are therefore, in the category of
served at royal feasts. It would therefore seem that kosher certified instant potatoes
must be bishul Yisroel. - However, in actuality, there is another basis for leniency. Commercially made instant
potatoes are steamed (cooked in steam without water).Poskim discuss whether foods
that are steamed are subject to bishul akum. - The Minchas Yitzchok (Vol. 3, 26:6) writes that one can be lenient to allow cooking with steam, if the food is cooked in a factory. The OU follows this ruling & does not require
bishul Yisroel for instant potatoes.
In a previous Halacha Yomis, it was explained that since instant potatoes
are made with steam, they are not subject to bishul akum.
Can you please explain why this is so?
- Shulchan Aruch (YD 133:13) writes that foods that are made edible through salting,
brining or smoking are not subject to bishul akum because these are not traditional
forms of cooking. Only foods that are cooked in water or baked with fire are prohibited - Poskim debate whether cooking with steam is equivalent to cooking with water or to
cooking with smoke.Sefer Zer Zahav (commentary on Issur V’heter) & Rav Ovadia
Yosef, zt'l (Yabia Omer YD 5:9) held that steam is equivalent to smoke. In addition,
the Minchas Yitzchok (Vol. 3, 26:6) writes that one may be lenient regarding steam
provided there are additional mitigating factors, such as, the food is produced in a factory. - The Maharit Tzahalon (Yeshanos 161) held that bishul akum does not apply to foods cooked by anonymous workers in a factory. Rav Moshe Feinstein, zt'l is quoted as
saying that one may be lenient if the factory cooks in a manner that would not be duplicated
in a home. (The logic for these two last positions is beyond the scope of this discussion.)
The OU permits instant potatoes because all three conditions are met. The potatoes are
cooked with steam, in a factory & in a manner that would not be duplicated in a home.
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