In the previous two issues we reviewed the range of opinions and practices regarding Pat Akum, Chazal's edict prohibiting eating bread baked by a Nochri. Some opinions in the Rishonim and classic Poskim believe that this edict remains in full effect. Others believe that this decree was rescinded and Pat Akum is permitted if the bread is obtained from a professional baker (Pat Palter). Compromise opinions permit Pat Palter only if Pat Yisrael (bread baked by a Jew or had at least some Jewish involvement in the baking process) is not available or is of inferior quality relative to the Pat Palter.

We also noted that the Shulchan Aruch records the Minhag to follow the strict opinion regarding the Pat Akum edict during the Aseret Yemei Teshuva. In addition, we saw that the Magen Avraham and Mishnah Berura write that it is proper to eat only Pat Yisrael on both Shabbat and Yom Tov. This week we will explore some of the parameters of the Pat Akum prohibition and its application to cake, cookies, crackers, bagels, Dunkin Donuts, bread crumbs, and Cheerios.

Jewish-Owned Bread Baked by a Nochri

It is important to recall that even the most lenient approach to Pat Yisrael does not believe that this edict was completely rescinded. Even according to the lenient opinion Pat Akum is permitted only if it is Pat Palter. The reason that the edict was partially relaxed was because it was too difficult for most Jews to observe. However, the edict remains in effect when it is readily observed.

Accordingly, the Shach (Y.D. 112:7) rules that the Pat Akum edict applies even according to the most lenient approach to bread that is owned by a Jew and baked by a Nochri. In such a circumstance it is relatively easy for the Jewish owner of the bread to at least participate in some minimal fashion in the preparation of the bread. The Chochmat Adam (65:6) and many other major Acharonim (cited in the Chelkat Binyamin, 112: Tziyunim number 72) rule in accordance with the Shach.

Thus, one should be careful regarding this Halacha if one hires a Nochri to help at home. If the Nochri helper bakes bread then one should be sure to participate at least minimally in the baking process. If one did not participate in the baking process the consumption of the bread might be rabbinically forbidden.

Rav Binyamin Cohen (Chelkat Binyamin 112: p. 9 Biurim s.v. Sh'mei'kilim) suggests a possibility that in such a case the bread might be permitted Bidieved (after the fact), based on the Rama's ruling (Y.D. 113:4) that the Bishul Akum (food cooked by a Nochri) prohibition does not apply Bidieved if one's Nochri servant cooked food. The reasoning is that Chazal prohibited Bishul Akum (and Pat Akum) because of concern for social interaction that might lead to intermarriage and this concern might not be particularly relevant regarding one's servant.

This lenient approach is questionable because of two considerations. First, Rav Cohen (ad. loc. 113:35) writes that it is questionable whether the Rama's leniency applies only to servants or even to hired help. Moreover, we discussed in our previous issue that it is not clear if the leniencies that pertain to Bishul Akum apply to Pat Akum. Rav Cohen, on the other hand, told me that although many Poskim rule that the Eino Oleh Al Shulchan Melachim leniency does not apply to Pat Akum, as we discussed last week, this does not necessarily imply that every other leniency that applies to Bishul Akum does not apply to Pat Akum. Nonetheless, one should make every effort to avoid this problem and one should consult his Rav should this issue arise for a decision as to whether it is permissible to consume the bread.

A Jewish-Owned Bakery

It would appear, accordingly, that bread baked in a Jewish owned bakery should be required to be Pat Yisrael even according to the most lenient opinions. Indeed, Rav Binyamin Cohen (Chelkat Binyamin 112: p. 9 Biurim s.v. Sh'meikilim) notes that under such circumstances it is relatively easy for the store's Jewish owners to ensure that the bread is Pat Yisrael by ensuring that there is at least minimal Jewish involvement in the baking of the bread. As we saw in last week's essay, this is relatively easy to accomplish.

However, Rav Moshe Feinstein (Teshuvot Igrot Moshe 1:45) rules that one may be lenient in such a situation if it is difficult to ensure that the bread is Pat Yisrael. Rav Moshe argues that the Shach is strict only in a situation where it is very easy for a Jew to participate in the baking. However, in case of difficulty one may be lenient as is the generally accepted practice regarding Pat Akum that we discussed last week. Rav Moshe writes that one may certainly be lenient if the bread bakers are non-observant Jews, as Rav Moshe explains that he is inclined to rule that the Pat Akum edict does not apply to non-observant Jews (see Chelkat Binyamin, 112: pp. 1-2 Biurim s.v. Am'mim for a discussion of the debate regarding this issue and for Rav Cohen's ruling that one may be lenient regarding a non-observant Jew who is classified as a Tinok Shenishba).

One might suggest that the resolution of this dispute depends on how difficult it is for the Jewish owner to arrange for the bread to be Pat Yisrael. If the owner is involved with the daily operations of a relatively small bakery, it seems difficult to be lenient. One the other hand, if the Jewish owner is merely a "silent partner" and is not involved with the daily operation of the bakery, then it seems that we may rely on Rav Moshe's lenient approach.

Dunkin Donuts and Sufganiot

I have been told that Dunkin Donuts and Israeli style Sufganiot are made from a Belilah Avah that is deep fried in oil. The Rishonim debate whether one recites Hamotzi and separate Challah on such items (see Tosafot Brachot 37b s.v. Lechem). Rav Cohen (ad. loc. 112:64) rules that such items are subject to the Halachot regarding Bishul Akum since our practice (Rama O.C. 168:13) is to recite Borei Mini Mezonot on Dunkin Donuts or Sufganiot even if one is Koveiah Seudah on them (unlike the opinion of Rabbeinu Tam that is cited in the aforementioned Tosafot). Similarly, the Halacha (Shulchan Aruch Y.D. 329:3) essentially rules that Challah is not separated on such items.

Rav Sobolofsky noted that even though the Shach (Y.D. 329:4) rules that one should separate Challah without a Bracha on such items in deference to the opinion of Rabbeinu Tam, the general practice outside Eretz Yisrael (where the obligation to separate Challah is only rabbinic in nature) is not to separate Challah on these items. Thus, Dunkin Donuts and Sufganiot are subject to the Halachot of Bishul Akum, unlike Rabbeinu Tam who would rule that they are subject to the rules of Pat Akum. Accordingly, Rav Elazar Meyer Teitz (who supervises the Dunkin Donuts in Elizabeth and Teaneck) arranges that the Mashgiach turns on the fire in the ovens of the Dunkin Donuts that he supervises. In addition, it seems that Dunkin Donuts might be excused from the Bishul Akum prohibition as they are not Oleh Al Shulchan Melachim (one would not serve them at a formal meal).

Cheerios

Rav Shlomo Zalman Auerbach (cited in Vizot Habracha p.219 in the 5761 edition) rules that cereals whose raw batter rises like bread dough, such as Cheerios, Grape Nuts, and Wheat Chex have the status of Pat Habaah Bikisinin. Thus, these cereals are subject to the rules of Pat Akum and the fact that they are not served at a formal meal is irrelevant according to many Poskim. Accordingly, Rav Daniel Neustadt (The Weekly Halachah Discussion p. 539) writes that those who do not rely on the Pat Palter leniency throughout the year and everyone during the Aseret Yemei Teshuva should avoid these cereals.

However, Rav Binyamin Cohen told me that the common practice is not to treat these cereals as Pat Habaah Bikisinin. For example, people do not recite Hamotzi if they are eating two bowls of Cheerios together with milk and a piece of cake. Thus, Rav Cohen said to me that it seems to him that the common practice is to follow the ruling of Rav Chaim Pinchas Scheinberg who rules (see Vizot HaBracha ad. loc.) that these cereals are not Pat Habaah Bikisinin. Indeed, Andrew Malca of Teaneck told me that Rav Hershel Schachter told him that Cheerios are not Pat Habaah Bikisinin. Thus, these cereals are subject to the rules of Bishul Akum and are permitted since they are not Oleh Al Shulchan Melachim. Accordingly, they may be eaten during the Aseret Yemei Teshuva and throughout the year by those who do not rely on the Pat Palter leniency.