Some Rishonim hold there is no issur of bishul akum when a non-Jew cooks in a Jew’s home (R’ Avraham b”r David cited in Tosafot Avodah Zarah 38a s.v. Ela), but the consensus of the poskim is not to be meikel, and even in a Jewish home there is an issur of bishul akum (R”T ibid., Tur and Shulchan Aruch 113:1). Nevertheless, some poskim use the meikel opinion to give a heter in combination with other factors (Taz 6, Shach 7, 28), as will be explained.
Maidservants Owned by the Baal HaBayis
Back in the day, there were times and circumstances in which non-Jewish maidservants were acquired by Jewish baalei batim, like a shifcha kenaanis. There is a machlokes Rishonim whether the issur of bishul akum applies to them when they cook in the owner’s home.
Meikilim. Some say it is mutar. The reason is because their actions are like their owner’s actions, as their owner has a chiyuv d’Oraisa to ensure they do not do melacha on Shabbos (Orchot Chaim citing Ramban, first opinion in Shulchan Aruch 113:4).
Another reason given is that the issur of bishul akum is only when a non-Jew acts of his own accord, due to the gezeira to prevent intermarriage. However, with these servants and maidservants who must work whether or not they want to, no closeness is developed (Shut Rashba 1:68 cited in Shach 7).
Machmirim. Others say it is assur even b’dieved, as they are still non-Jews and thus included in the gezeira of bishul akum (Rashba and Ra’ah, second opinion in Shulchan Aruch ibid.).
Jewish home. Some hold one can rely on the meikel opinion b’dieved in general, and when a maidservant cooks in the Jewish home, one can rely on the meikel opinion even l’chatchila. However, this heter is in combination with the reasoning that the Jew likely stoked the fire at some point, in which case a Jew also contributed to the cooking (Ohel Yaakov Rama ibid.).
Hired Maids
Non-Jewish employees today are not owned by the baal habayis; they are hired for a certain amount of time. Thus, we cannot apply the first rationale of the matirim (above, 34), that their actions are like the baal habayis’s actions, as the employer does not have a chiyuv to make sure they do not do melacha on Shabbos. According to this reason, the Rama would not even be meikel b’dieved. However, according to the second reason, that the maidservants’ actions are based on the baal habayis’s will, not their own will (above, 35), the food may be allowed b’dieved even with modern maidservants (Shach 7).
There were likely other reasons for the Rama’s heter. When a non-Jew cooks in a Jewish home, perhaps the Rama factored in the poskim who give a general heter for food cooked in a Jewish home (above, 32). Additionally, the Jew likely stoked the fire in some way during the cooking. Considering all these reasons, the Rama allowed relying on them l’chatchila (Aruch HaShulchan 113:4).
Housekeepers Today
Today, people cook with gas-powered or electric appliances. Since we do not use coals and wood, the heter of the Rama that the Jewish baal habayis must have stoked the coals (above, 15) falls away. Therefore, most of the structure and factors of the heterim are gone. Because of this, there are poskim who hold that today, one may not rely on the Rama’s heter for non-Jewish workers to cook l’chatchila in a Jewish home (Chelek Binyamin ibid., Shut Yevarech David 1:94).
However, b’dieved, or in a case of potential significant financial loss, or in very pressing circumstances, one may still rely on the heter based on the remaining heteirim “in the basket” (Chayei Adam).
For Ill or Elderly People in Their House
It is very common today for elderly or ill people to have a non-Jewish caretaker, e.g., a Filipino, living with them in their house to help them with anything they need. Sometimes they also cook for the baal habayis. The shaila is whether there is any basis to rely on for this.
The consensus of the poskim is that under pressing circumstances and in a b’dieved situation where there is no other choice, there is basis to rely on, using the above reasons. However, if the non-Jew is using a gas stove in a Jewish home, it would be preferable if possible for a Jew to light a long-lasting flame, e.g., a 7-day yahrzeit candle; then, when there is a need, the non-Jewish caretaker should light the gas stove top from the candle lit by the Jew. Under pressing circumstances, and in combination with other factors, one can rely on the heter of a non-Jew lighting a fire from another fire lit by a Jew (above, 25) (Shut Mishneh Halachos 9:159).
