We discussed at length in the previous issues the definition of bishul akum (Issue 373), the conditions for the issur (374), and which foods are subject to the issur (374, 375). In the current issue, we will explain how and in what manner bishul Yisroel can be done when a non-Jew still participates in the cooking.
The issur of bishul akum is only when all the cooking from start to finish was done by a non-Jew. If, however, a Jew participated in the cooking, it is mutar. We will discuss what type of contribution is necessary to be considered bishul Yisroel and at which stage in the cooking a Jew’s actions are effective to give it the status of bishul Yisroel.
Jew Participates a Little
As long as a Jew cooks a little bit, whether in the beginning, middle (Levush), or end, the food is mutar (Shulchan Aruch YD 113:9). [Some say at the very end of cooking (Pri Chadash 113:12, 28); others say at the end of the level of cooking called “maachal ben drusai” (Pri Toar 9).]
Therefore, if a non-Jew put meat or a pot on a flame and a Jew flipped the meat or stirred the pot; or if a Jew put the food on and a non-Jew completed the cooking; the food is mutar (Shulchan Aruch 113:6).
Cooked to the Level of Maachal Ben Drusai
Cooked by a Jew
If a Jew cooked food to the level of “maachal ben drusai” [we are meikel to define this as one-third cooked (Beis Yosef)], the food is considered cooked with respect to bishul akum. Even if a non-Jew finishes cooking the food, he cannot make it assur (Shulchan Aruch 113:8).
Cooked by a Non-Jew
Machmir. Some poskim hold that if a non-Jew cooked food to the level of maachal ben drusai [some say we are meikel here too and define it as half-cooked (Beis Hillel 1, Darkei Teshuvah 6); others are machmir here and maintain the definition of one-third cooked (Torat Ha'asham klal 75 din 23, Chayei Adam klal 66:9, Shevet HaLevi 2:45)] and then a Jew finished cooking it, the non-Jew’s cooking already made the food assur and it cannot become mutar through the Jew’s subsequent cooking (Rach and Rashba BG 307, Ran, Rivash 754). This is the psak of the Shulchan Aruch, except for in a situation of significant financial loss or on erev Shabbos (Shulchan Aruch 113:9, Shelah cited in Petach Teshuvah 4).
Meikel. However, others hold cooking to the level of maachal ben drusai is only considered cooking as a kula—i.e., when a Jew cooks it to that level, a non-Jew cannot subsequently make it assur (above, 5)—but not as a chumra. Therefore, as long as the non-Jew did not complete the cooking, the food may be allowed if a Jew participated at the end of the cooking (Rosh 32, Maharam MiRothenburg DP 33, Orchot Chaim AM 63, Ritva 38 s.v. Alma, Taz 10). The Rama cites this opinion and writes that this is the minhag (Rama ibid., Shach 14).
Jew’s Participation Before the End of the Cooking
The poskim discuss at which stage of the cooking a Jew can save food from being assur if a non-Jew first cooked it beyond the level of maachal ben drusai, in which case one may be meikel according to the Rama if a Jew participated before the end of the cooking.
Before it is fully cooked. Many poskim hold a Jew’s participation helps as long as the food is not fully cooked. Once the food is fully cooked, a Jew’s participation does not help (Gilyon Maharsha citing Shut Chinuch Beit Yehuda 69).
Improved by further cooking. Some poskim hold even if a food is fully cooked, a Jew’s participation can still save the food if cooking it further will improve the quality of the food [“mitztamek v’yafeh lo”] (Ra’ah BG 306 94b, R”T cited in Ohel Yaakov klal 43 din 10, Shevet HaLevi 2:45).
Heating food. However, it is obvious that if a non-Jew cooked a food completely and then it cooled, a Jew merely reheating it is not considered participation in cooking to save it from the issur of bishul akum (Ohel Yaakov ibid.).
Actions with the Food or the Fire
The Food
Accelerating the cooking. If a Jew put a dish on a fire, the food is mutar even if a non-Jew lit the fire, as putting the food on the fire is called cooking it (Avnei Nezer YD 96:5). Even if the non-Jew then accelerated the cooking, the food is mutar. Similarly, if a non-Jew put a dish on a fire and a Jew accelerated the cooking by stirring it, flipping meat, or the like, the food is mutar.
The Fire
Machmir. Some poskim hold a Jew’s action only helps if it is done to the food (above, 12), but doing something to help the fire does not help when a non-Jew puts food on an already-lit fire. In this respect, it is not similar to pas akum, where a Jew doing something for the fire is effective (Shulchan Aruch 113:7).
From this, a chumra emerges for Sefardim who follow the Mechaber, whose opinion is that a Jew must always do something for the food itself or put the food on the fire.
Meikel. However, others hold doing something to the fire to facilitate cooking helps, e.g., if a Jew first lights a flame, even if a non-Jew puts food on the flame, it is mutar. Similarly, merely stoking the coals is an effective contribution if it accelerates the cooking (Rama 113:7, Shach 9). Even if one merely threw a piece of wood into the fire and in doing so helped accelerate the cooking, the food is mutar. This is the minhag of Ashkenazim who follow the Rama.
Today. However, it should be noted that today, when everyone cooks on a gas or electric stove, not with wood or coals, it is uncommon for coals to be stoked or wood thrown into the fire. The common contribution is generally only turning on the flame at the beginning (Chelek Binyamin 144, Kovetz MiBeit Levi YD p. 62, Shut Shevet HaKehati 6:280:2).
Non-Jew put food on, Jew started flame. If a non-Jew put food on a burner while there was no flame and then a Jew came and started the flame, all poskim agree this is effective even according to the Mechaber, as the non-Jew putting down the food without a flame is insignificant; everything was done by the Jew, who started the flame (Avnei Nezer ibid., Kaf HaChaim 5, Shut Shevet HaKehati 4:199:3).
Similarly, if a non-Jew put food into an oven while it was off and a Jew came and turned it on, it is considered bishul Yisroel even according to the Mechaber (ibid.).
Induction Cooktop
When using an induction cooktop—which is very common in modern kitchens—the cooktop does not start operating when the button is pressed. A metal pot must be placed on it first for it to start heating up, as it operates via magnetic force; until there is metal on it, it does not heat up at all.
This means that if a Jew turns on the cooktop and then a non-Jew comes and puts a pot on it, the non-Jew activated the cooktop, not the Jew—the food would have an issur of bishul akum. Thus, with an induction cooktop, one must ensure that a Jew at least places the pot on the cooktop (Ohel Yaakov 113:125).
Oven That Turns Off When Door Is Opened
It is very common in advanced electric ovens for the oven to turn off when the door is opened, e.g., in home convection ovens or ovens in industrial kitchens, such as hotels or mosdos. The shaila is that even if a Jew turns on the oven, e.g., at the beginning of the day, if a non-Jew opens the door to put in, take out, or check on food, the oven turns off temporarily, and when he closes the door, it turns back on. This means that the non-Jew “lit the flame,” so if the food was not yet already cooked to the level of maachal ben drusai, perhaps this is considered bishul akum.
According to the Mechaber, who is machmir (above, 13), this is a problem of bishul akum. However, according to the Rama, who is meikel regarding a Jew doing something for the fire (above, 15), as long as the oven is still hot from when it was originally turned on by a Jew, it is considered bishul Yisroel, as it is no worse than adding a piece of wood (Rav Shlomo Zalman Auerbach in Bishul Yisroel 117:9, Levushi Oz Hilchot Bishul Akum 113:8:19). However, some are machmir on this even within the Rama’s opinion (ibid.).
Lighting from a Fire Lit by a Jew
Meikilim. The Rama cites a more meikel opinion: even if a Jew did not stoke coals or add wood, the food is mutar if a non-Jew lit the fire from a different fire started by a Jew. This is because even here it is considered that the Jew facilitated the cooking, and a Jew’s involvement is evident (Ohel Yaakov 43:13 citing Mahar”m, Rama 113:7).
Machmirim. However, some Acharonim disagree with this heter (Gra 18). Some allow it b’dieved (Chayei Adam 66:8); others allow it in a pressing situation, and only in a Jewish home (Taz 6, Aruch HaShulchan 144). Obviously, this is not a heter whatsoever according to the Mechaber, as it is an action with the fire, which, according to the Mechaber, does nothing (above, 13).
Pilot Light
Meikilim. Some gas ovens have a small flame burning constantly called a pilot light. When the gas is turned up, the cooking flame is lit automatically from the small, constant flame. Some say if a Jew initially lit the pilot light and then a non-Jew turned up the gas and cooked on the flame, the food is mutar, as it is considered participation of a Jew in the cooking, in line with the halacha of the Rama (above, 23) that if a non-Jew lit a fire from a fire started by a Jew, it is mutar (Talmidei HaIgrot Moshe, some say in his name lechatchila and some say only b’dieved).
Machmirim. However, many poskim disagree with this heter for multiple reasons (Rav Shlomo Zalman Auerbach, Halichot Shlomo Hilchot Aseret Yemei Teshuva p. 42). First, the whole heter of a non-Jew lighting a fire from another fire lit by a Jew is the subject of a machlokes and many are machmir (above, 24). Also, pilot lights often go out on their own without anyone knowing, in which case there is no halachic basis to rely on (Be’er Moshe cited in Pitchei Halacha p. 152).
Only one instance of cooking. Additionally, some hold that the heter of a fire lit from another fire lit by a Jew is only for one instance of cooking, not many. In this case, one is relying on the pilot light for many instances of cooking (Maran Posek HaDor in Teshuvot VeHanhagot 5:249:3).
Not evident. Also, the heter of lighting one fire from another is because it is still somewhat evident that a Jew was involved. A pilot light, however, is a small, hidden flame inside the oven that is not seen, and the non-Jew turns on the oven in his normal manner without any sort of change or something to differentiate it from the usual manner. Hence, this does not have the heter to be considered bishul Yisroel (Ohel Yaakov 113:136).
In practice. Many kashrus agencies rely on this heter of lighting the pilot light to give it the status of bishul Yisroel, but the high-level ones usually do not rely on this heter.
Starting the Fire Remotely
Shabbos clock. The poskim discuss whether a Jew may set a timer to make the oven go on at a later time, or on a regular schedule, each day at a certain time. Does that accomplish bishul Yisroel? This is relevant for food production plants. Some poskim say it is assur (Rav Shlomo Zalman Auerbach Shvut Yitzchak); others are unsure (Shevet HaLevi 9:164, Shevet HaKehati 4:196); and others only allow it for the first activation, not the subsequent ones (Teshuvot VeHanhagot 3:250).
Remote control, phone, app. The poskim also discuss whether it is bishul Yisroel if a Jew turns on an oven remotely through modern technology that enables control of all sorts of electric devices from a distance. Most poskim agree that since the oven turns on right away, in real time, with the action of a Jew, it is considered bishul Yisroel even though it is from a distance (Shut Even Yisrael 9:70, Rav Shlomo Zalman Auerbach Shvut Yitzchak end of ch. 7, Shut Shulchan HaLevi Birur Halacha 26). Many kashrus agencies rely on this today for factories located far from any Jewish life.
