writer: Rabbi Yitzchak Levy
This week we will begin the halachot of Pessach
I want to bless Rabbi Yitzchak Levy who was elected this week to become the Chief Rabbi of the city of Nesher . It is not easy to become the Rabbi of a city , the voting assembly consists of non-religious and legal advisors and other hostile elements . I went to meet them and I spoke to their hearts and they merited to elect a Rabbi, a Talmid Chacham and a Charedi . He was one the best students of my teshiva and afterwards he learned for at least seven years in the Kollel of My father Maran and I can ascertain that he decides Halachic questions using the approach of Maran. May his new congregations make best use of them and enjoy him for many years.
INQUIRING AND LECTURING THE LAWS OF PESSACH 30 DAYS BEFOREHAND
The Gemara (Peschim 6a, Megila 29b and Rosh Hashana 7a) instructs us to inquire and lecture the laws of a holiday thirty days before the Holiday. Moshe was standing on the eve of Pessach Rishon and was cautioning about Pessach Sheni .
EVERYONE SHOULD TEACH HIS FAMILY
The Baal Halachot Gedolot (chapter 11) explains that during these 30 days everyone has to learn himself and teach his family the laws of Pessach. He should make an effort to find the time , during the Shabat Meals or other spaces of time . the pilpulim ( in depth theoretical explanations )he should leave for himself but the final conclusions of the decided Halachot he should teach his children.
KOSHER FOR PASSOVER
The Meiri (Avoda Zara 5b) says that this mitzvah includes purchasing the shopping items of Pessach not at the last minute . Today, Baruch Hahem, every item can be purchased with a good Rabbinical Kashrut certification . Sixty years ago people would buy basketfuls of products and bring everything over to my Father Maran Z"L , and my Father who was an expert would advise , this is Kosher , This better leave until after Pesach etc., etc. Today there are top notch Badatzim , Badatz Eida Charedit, Badatz Bet Yosef , Badatz Chatam Sofer and there are also Local Rabbinates which are reliable.
INQUIRING OR LECTURING
The Gemara also says that it is a mitzvah to learn the laws of each holiday on the holiday itself So why do you have to inquire thirty says before . The Ran (Megila 2b) explains that during this time the questions regarding Pessach have preference over all other topics these are the days of Questioning , the Lecturing is done in Yom Tov Itself.
The Bet Yosef explains that since the laws of Pessach are much more complicated and extensive , Kashering the vessels , Baking Matzot, Devouring Chametz , searching for Chametz , the Seder Night etc. a person must began at least thirty days beforehand as opposed to other holidays .
The Sefer Chassidim says that every community must appoint a talmid chacham who is an expert in Halacha to supervise the Hagalat Kelim ( the scouring of non kosher vessels).
VESSELS THAT HAVE ABSORBED NON KOSHER ELEMENTS
The Mishna in Avoda Zara 75b says : one who purchases used vessels from a non Jew , vessels that are used to boil must be boiled , Vessels that are used to grill on fire , must be blazed with fire , the shpod ( barbeque spear) and the askela( grill grid-iron) have to be blazed with fire. If a person buys from a non-Jew a used vessel that has absorbed in it the tastes of non kosher meat , pork , killed without ritual slaughter (neveila ) , or found unfit (Treifa) , he is allowed to buy it, but it has to be immersed in a Mikveh and "Kashered" from the non kosher content which it has absorbed. Today it is common to barbeque with throw away wooden stic ks but there are still places where people barbeque with metal spears. These vessels have to be blazed by fire until it glows and sparks shoots out of it . Regular pots and frying pans that are used with water and oil it is enough to do Hagala (immersing them in boiling water) .
WHEN THE POT HAS ABSORBED PERMITTED SUBSTANCES
The Gamara in Avodas Zara 76a Rav Amram asked Rav Sheshet ," how is it that in the Holy Temple on one day they would grill the meat of a Sin offering which is permitted until midnight and then becomes notar (leftovers from sacrifices that are forbidden to eat and have to be burned) and the next day the grill net would only be immersed in boiling water without requiring blazing in fire . Rav Sheshet answered , Amram my son kodshim ( sacrifices ) are different from the non Jewish vessels, Here (sacrifices) vessel absorbed something permitted and boiling water is sufficient and there (non Jewish vessels) the vessel absorbed something forbidden ( pork etc.)and the vessel must be blazed with fire.
IS CHAMETZ CONSIDERED SOMETHING PERMITTED OR FORBIDDEN
The Rishonim dispute if Chametz is considered a "Permitted Substance absorbed " or a "Forbidden Substance " . If someone baked during the year cake , the baking pan absorbed the tastes of chametz . If it is considered permitted then it is sufficient to immerse in boiling water but if it is considered forbidden then it has to be blazed . The Ri"f and the Ro"sh Pesachim 30b copied the same mishna in Avoda Zara about non Jewish
vessels , over to the koshering of Chametz to Pessach. This proves that they consider Chametz a forbidden substance . The Ra"n explains that is because Chametz remains Chametz the whole year, its name never changes just when the Pessach season arrives , the Torah forbids it as opposed to the meat from a sacrifice , at first it is permitted and then it changes to notar and becomes forbidden but the Torah never prohibited the original name . The Ramba"n (Avoda Zara 76a) also agrees to this decision. The Bet Yosef quotes the Rabenu Yerucham that this is the opinion of the majority of the Authorities. The truth is that many authorities among the Rishonim that were not available to the Bet Yosef differ and conclude that Chametz is considered ” something permitted absorbed ". I list Tosfot Chulin 8a, Rashb"a , Raavad, Rabenu Meir Hameili, Ohr Zaruah, Rav Yeshaya MiTrani , Tosfot Ri"d, Ra"n, Rabenu Manoach, Raavan, Razah, Baal Hamaor and Hagahot Maimoniyot. The Rambam writes Hilchot Chametz Umatzah 5:23 writes that the Barbeque knife requires Boiling and does not mention at all blazing in Hilchot Pessach. This shows that the Rambam considers Chametz Permitted even though one can differ that a knife is less severe than a spear( Tashbetz)
CONCLUSION OF MARAN (SHULCHAN ARUCH)
The Tur and the Shulchan Aruch ( 451:4) decide that , the shpod ( barbeque spear) and the askela( grill grid-iron) have to be blazed with fire untils sparks shoot out from them (when the metal glows red) . Even so when there are other aspects to permit one may attach to them the opinion of the more lenient authorities since so many Rishonim so conclude.
A SEEMINGLY CONTRADICTION
There seems to be a contradiction in the Shulchan Aruch ( every contradiction has a solution) , in 452: 1 in the laws of Hagalt Kelim ( Kashering the Chametz Vessels) there is a difference between if one boils the vessel before Midday on Erev Pessach or afterward. Before Midday the water does not have to raise bubbles and even if it is Yad Soledet bo (Hand scalding) it is enough, Also , before midday the vessel may be ben yomo ( used with Chametz in the past 24 hours) , also before midday one does not have to remove it immediately the because even if the vessel re-absorbs the forbidden tastes it is alright because they have become נ"ט בר נ"ט דהתירא ( a second generation of a permitted taste from the pot to the water and from the water back into the pot)
TAAM KE IKAR ( THE TASTE OF A FORBIDDEN SUBSTANCE IS LIKE THE BASIC SUBSTANCE)
Let us explains these basic concepts . If a person cooked meat in a soup , the meat gives its taste in the soup , the soup becomes meaty and one who eats the soup has to wait six hours before he can drink milk. If a person fried meatballs in oil and afterward fried chips in the same oil , the chips become meaty since they contain the oil which had absorbed the taste of the meat .
NA"T BAR NA"T DEHTAERA ( a second generation of a permitted taste)
Someone who fried meatballs in a meaty frying pan and afterwards he washed the frying pan and fried an egg with new oil and now he wants to eat the egg with milk. The meat was the "Father ", he gave taste to the frying pan which is like a"son" . The egg received the taste from the frying pan and it still was permitted ( because it has not yet come into contact with milk) . It is therefore permitted to eat the egg with milk . The same way if one koshered a chametz vessel before midday ,the taste of the chametz went into the water and back into the pot and it is still permitted ( because the chametz becomes forbidden only after midday). If we are dealing a forbidden substance, the taste is forbidden even after ten times in and out of the pot .This shows that chametz before pessach is a permitted substance and even so the Shulchan Aruch requires blazing for the shpod ( barbeque spear) and the askela( grill grid-iron) . This contradiction was raised by the Pri Chadash , the Rabbi of Jerusalem 300 years ago.
FISH THAT WERE COOKED IN A MEATY POT
Let us explain the laws of NA"T BAR NA"T regarding milk and meat the whole year around because this is very actual . The Gemara Chullin 111b says: Fish that were cooked in a meaty pot Rav forbids to each with kutach (yogurt) and Shmuel permits . The fish were cooked in a meaty pot that had cooked meat within the last 24 hours. The opinion of Rav is that you are not allowed to eat them with yogurt because they have absorbed from the pot the taste of meat . Shmuel permits because the fish did not receive the taste directly from the meat just from the pot that cooked the meat which is a second generation from the meat . The Halacha is like Shmuel even though the Halacha in matters of Issur and Heter are like Rav , here the Halacha is like Shmuel because of Chizkiya who decided like Shmuel and he was a later on generation of Amoraim , and that is the Decision of Maran in the Shulchan Aruch (Yoreh Deah 95:1) Fish that were cooked in a meaty pot may be eaten with Yogurt.
MEAT TOGETHER WITH FISH IS A HEALTH HAZARD
The Gemara Pesachim 76b says explicitly that to eat fish together with meat is a danger. Even though the Chatam Sofer claims that it is only the specific fish " Benita" and even though the Rambam does not mention this danger because he interprets many natural effects mentioned in the Gemara to have changed , even so the Shulchan Aruch accepts this directive (Yoreh Deah 116)and everybody Sefardim and Ashkenazim maintain this law with all types of fish .
FISH TOGETHER WITH MILK
We, the Sefardim have an additional chumra ( custom to prohibit) , we do not eat fish with milk as stated in Bet Yosef (Yoreh Deah 87) that this also can cause Tzaraat (leprosy). The Darkei Moshe claims that this is a printing mistake and it should have said Meat and the Chid"a relies on this but Yechave Daat quotes many authorities that it is not a mistake and many Achronim have accepted this law like the Pachad Yitzchakwho writes that it is a danger to eat fish with milk , so if possible all Rabbis of Cities should rule like Maran.
TO BE WARY TO FULFILL THE OPINION OF MARAN
Certain places attempt to fulfill every possible opinion in Halacha . If it is the Chazon Ish or other distinguished scholars and they take Maaser from Arak or other customs from single opinions. To fulfill the opinion of Maran (Shulchan Aruch) in definitely worth every effort and is certainly no less important than any other scholar from any generation . If Ashkenazim want to eat fish and milk , with apetite , but they should advise Sefardim not to eat milk and fish like the opinion of Maran . And they themselves , if they see proper to follow the more strict opinion regarding Heter Mechira ( the ruling that a Jew may sell his field in Shmita year to a Non Jew) , then they should definitely follow the opinion of Maran regarding fish and milk.
LIKE AN NESHER (EAGLE) WAKES UP HIS NEST
Also regarding the laws of Foods cooked by a Non-Jew , the opinion of Maran is that a Jew must place the pot on the fire and if the pot is too heavy , a Non-Jew may place on the stove before the fire is ignited. Also an entire wagon of trays must be wheeled in the oven room before the Jew turns on the power . Rabbi Yitzchak Levy made sure of that in the town of Chosen , an now I hope that he will also be successful in Nesher to do everything like the opinion of Maran
ACTUAL MEAT AND NOT THE ABSORBED TASTE OF MEAT
What we have learned that there is a danger eating meat with fish, is only when there is a direct taste from an actual piece of meat to an actual piece of fish , but when the taste of meat was first absorbed in a vessel and afterwards discharged to the fish then there is no danger and therefore Fish that were cooked in a meaty pot are permitted with milk.
A BLESSING FROM THE HEART
Close to forty years ago my father Maran זצ"ל was in New York , and I had accompanied him on this trip. A person approached Maran and pleaded that Maran should come up to his home to eat the lunch that his wife had prepared because he was not yet blessed with children and he wanted Maran to bless him . Maran recognized that he was a Torah Scholar and agreed . During the meal, I noticed that the wife had put both meat and fish in the same compartment of the oven. I whispered this to Maran and he only ate salads. Someone there realized what had happened and sais to the wife ,"what did you do , the Rabbi cannot eat the food!" . The wife started to cry , she had toiled so much to receive a blessing from Maran, what will be now?! I told Maran that the woman is cryng because someone told her that you are not eatinhg. Maran immediately went into the kitchen , put his hands over her head in the air and blessed her that she should merit to give birth to children boys. Six years later, we were again in New York and on Shabat we were walking on Ocean Parkway, I noticed that someone was running after us with a boy in his hands . Maran stopped and the person reached us and said to Maran," Please bless this boy , he was born due to you, after you blessed my wife after she warmed up the meat with the fish". Every time I speak about meat and fish, I remember this story.
NA"T BAR NA"T, IS IT PERMITTED LEKATCHILA TO MIX IT WITH MILK?
The Sefardik authorities differ with the Askenasic authorities if a person is allowed to eat NA"T BAR NA"T (A parve foodstuff that were cooked in a meaty pot ben yomo) used to cook meat in the past 24 hours) with milk Lekatchila ( to knowingly mix them ) or just if it has already happened (bedieved). The opinion of Maran is that it is permitted Lekatchila and the opinion of the Ram"a is that one is not allowed to mix NA"T BAR NA"T with milk , just if it has happened unknowingly, then he is permitted to eat . According to Maran, one may cooked the parve product in a meaty pot with specific intention to eat it with Milk. The Bet Yosef (Y.D. 95) quotes the Sefer Hatrumot who permits, as the last opinion and the Knesest Hagedola writes that when the Bet Yosef quotes several opinions , the halacha is like the last one quoted. Especially since the Bedek Habayit also rules that one may cook a NAT BAR NAT knowingly . Even though our brothers, the Ashkenasim, rule more strictly in this matter, we have accepted the rulings of Maran.
THE FINAL CONCLUSION
We have found an argument also what is the opinion of Maran . The Zivchei Tzedek , Rabbi Abdala Somech, writes that since Maran in the Shulchan Aruch uses a wording of bedieved " Fished that were cooked in a Meaty pot " , this shows that he retracted on what he had written in Bet Yosef and one should not rely on NAT BAR NAT Lekatchila and the Kaf Hachaim alsoagrees . Maran in Yabiya Omer volume 9 (Yoreh Deah 4) quotes the Chut Hameshulash, that it is permitted Lekatchila and also Rabbi Yehuda Iyash , and the Vayesof Shlomo (Yoreh Deah 10) . Therefore the final conclusion is that it is is permitted Lekatchila.
TO BE CONTINUED
We still have to resettle the contradiction in the Shulchan Aruch, if Chametz before the time when it becomes forbidden is considered Hetera (permitted substance ) or Isura (forbidden substance). We will speak about this next week . The lesson will begin an hour later because of the summer clock.