KASHRUS KALEIDOSCOPE By David Gorelik Understanding the Concept of Yashan he source for the laws pertaining to (new produce) and yashan Wheat T (old) is found in Vayikra1. These laws are applicable to the chameishes haminim — barley, oats, rye, spelt and wheat. The laws of chadash do not apply to other grains such as Spelt rice, corn and buckwheat. The grains of chameishes haminim are yashan if they took root prior to Pesach. If the grains Barley did not take root before Pesach, they are Rye chadash until the following Pesach. There is a halachic discussion whether the grain must take root three days or two weeks before Pesach. There is a dispute amongst the Tanaaim in the Mishna2 whether the prohibits chadash outside Eretz Yisrael. The Rif, Oats Rambam and Tur adopt the stringent opinion of Rabi Eliezer that it does. This is the ruling of the and the Rema3. The Aruch Hashulchan7, cites the Ohr Zarua, Winter wheat is yashan since it takes root Therefore, one must be sure that yashan who argues that the nature of the prohibition before Pesach. Spring wheat is usually chadash grains are consumed. However, the Poskim of chadash in chutz la’aretz lacks a conclusive since it does not always take root before note that the prevalent custom in Europe was resolution since the Gemara does not offer a Pesach. The different wheats yield different to be lenient on this matter. Various reasons definitive psak. He maintains that in such types of flour. For example, low-gluten flour are given to justify this approach. situations one may rely on the lenient opinion is used for crumbly products such as cookies, Some suggest that in some countries we for chadash in the Diaspora. matzah and pretzels, and the flour comes can rely on the fact that most grains take root The Aruch Hashulchan8 further suggests from winter wheat. High-gluten flour is used before Pesach4. This is especially true in the that according to this opinion the prohibition for chewy products such as bread, , United States, where 75 percent of the wheat of chadash outside of Eretz Yisrael would only pizza and , and it is produced from planted is winter wheat, which is by be applicable to lands in close proximity to spring wheat. Medium-gluten flour is made definition yashan. Eretz Yisrael as opposed to more distant from a mixture of spring and winter wheat Some utilize a safek sefeika (double doubt); countries. He compares it to terumah and and is also used for bread, challah and pizza. maybe the crop is from the previous year and maaser, which the Chachamim applied only to Durum wheat is used for pasta products, and even if it is from this year’s crop, then perhaps lands adjacent to Eretz Yisrael. it is usually a spring crop. it took root before Pesach5. Others discuss whether the prohibition The following flours are usually chadash: Some argue that there are a number of applies only to Jewish-owned land, or high-gluten, high-strength, bread, patent, cumulative factors to consider. Since whether it includes non-Jewish ownership as clear, pizza, all-purpose, and graham. obtaining yashan was extremely difficult in well8. Malt is derived from barley, which can be Europe and the grains that presented a In the United States most barley and oats chadash. The malt is added to wheat flour for problem were a staple to their diet, the are chadash since they do not take root before baking applications. The amount added is situation could be viewed as a shaas hadechak Pesach. Canadian oats are also chadash, and usually less than one percent by volume. The (an emergency situation). Furthermore, there the U.S. imports a significant amount. malt enhances the chemical reaction of the are rabbinic opinions that chadash is forbidden Domestic rye is always yashan; however, rye flour, yeast and water, allowing the dough to midrabanan. Therefore, one can apply the rule bread can be chadash since it is primarily rise better. Barley malt is added to all barley that safek derabanan lekula, in a case of doubt, composed of spring wheat. Spelt grown in the and grocery flour. one can be lenient in a rabbinical prohibition6. United States is yashan, but Canadian spelt is Flour made especially for baking cakes In addition, flour is difficult to store because chadash, and it is used domestically. and cookies does not contain malt. Barley of potential infestation. Wheat has both a winter and a spring crop. malt can be added to some foods for coloring

8 Hamodia Magazine August 4, 2010 and flavoring. These products include concerned when the United States began Since companies mill both spring and winter pretzels, candies, cereals (such as corn flakes), selling its surplus wheat to Russia. The wheat, Rabbi Yisroel Belsky, shlita, a halachic beer, vodka, gin, cordials, and prepared domestic storage was depleted, and one could consultant for the OU, established that yashan cocktails. There is a halachic discussion no longer assume that the flour was yashan. wheat must be sealed in its own bins before the whether the malt added to these products can Due to this situation, Rabbi Yosef Herman of arrival of the chadash wheat to prevent the be considered batel (nullified). The chadash malt Monsey, New York, began compiling potential mixture of flours. When the company enters the market around December 15. information about the yashan status of wants to make a yashan production, the There is no concern of chadash in white domestic grains. Because of his diligence, more releases the yashan wheat for the run. vinegar since it does not contain barley malt. people have access to yashan information and it The next key step is cleaning the equipment However, specialty vinegars such as malt is easier to observe this mitzvah. from the previous chadash productions. The vinegar, tarragon vinegar, and salad vinegar When Rabbi Herman first began gathering best method to clean the equipment is with a are exceptions. information, he used the halachic principle of wet wash. The problem is that the flour milling Matzah meal is ground matzah and is mesiach l’fi tumo, relying on information from a companies rarely wet-wash the equipment. therefore yashan, since matzah is produced non-Jew unaware of the halachic importance Therefore, the equipment is cleaned by from winter wheat. Rye crackers are yashan of the issue. flushing it with yashan flour and labeling the provided that the wheat, oats, and malt listed The companies would inform him about first pallet chadash; the subsequent pallets are in the ingredient panel are also yashan. One packing dates, best-used-by dates, and labeled yashan. The mashgiach is on site to must be careful about oatmeal cookies since purchase dates. This information helped confirm that the flush is labeled chadash. both the oats and the wheat flour must be determine the chadash or yashan status of a Rabbi Belsky felt this method would be yashan. Pizza stores sometimes line the oven product. sufficient to remove the chadash and overcome walls with semolina flour; one has to be certain Recently, Rabbi Herman decided that the halachic principle of davar sheyesh lo that the semolina flour is yashan. mesiach l’fi tumo would no longer be applicable matirin, something whose prohibition is Products from Eretz Yisrael bearing a since the companies are now aware of the permitted at a later date is assur bemashehu, reliable are yashan. Products imported significance of the yashan market. Therefore, forbidden even if present in a minute amount. into Israel are not necessarily yashan. If a Rabbi Herman determines the chadash status Rabbi Herschel Schachter, shlita, a halachic package has several hashgachos and also states based on the USDA crop progress reports, consultant for the OU, also maintains that that the product is yashan, one must find out unless he has information from a mashgiach or there is a limit to an issur mashehu. He argues which kashrus agency assumes responsibility kashrus agency. He calculates the earliest that if a drop of chametz fell into a reservoir, the for its yashan status. possible date that the products can be water may still be used on Pesach. Similarly, As far back as the 1930s, domestic wheat considered chadash. As a result, he has earlier the minuscule amount of chadash that might be was stored and was therefore yashan. During cutoff dates than in the past. However, there left would not prohibit the use of the yashan the 1950s, Harav Aharon Soloveitchik, zt”l, are Rabbanim who have ruled that if different flour. became the Rav hamachshir of Streit’s products. companies provide the same information, then The OU policy is that equipment that was Before accepting the position, Rav Aharon we may assume that they are all telling the used to make chadash products using heat investigated the milling process and flour truth. Therefore, if they state that the new crop must be eino ben yomo (not used within a sources. The latter inquiry was important to is entering the food chain at a later date, then twenty-four-hour period) in order to make Rav Aharon since he was particular to eat only we may rely on that information. yashan products. This policy is based on the yashan. He found that domestic wheat was not In order to observe yashan, one must store Shaagas Aryeh’s opinion that chadash is a always stored, and consequently one could no the products. If flour is not stored in a Torah prohibition even in the Diaspora, and longer assume that the flour in the refrigerator, infestation can occur. The eggs of therefore, the standard rules of taam k’ikar marketplace was yashan. the flour beetle enter the mill attached to the apply10. Rav Aharon Soloveitchik also Rav Aharon informed Streit’s that he would wheat. Flour mill companies have a cleaning required that the utensils be eino ben yomo. ❚M provide hashgachah only if all their products system to remove virtually all the eggs. The were yashan, and the company agreed to this remaining eggs are able to hatch live beetles, Rabbi Gorelik is a rabbinic coordinator at the Orthodox provision. Rav Aharon ate matzah instead of which have a life cycle of twenty-one days. The Union. Among other specialties, he is the OU’s yashan bread until he purchased a freezer to store the probability of the eggs hatching is increased as coordinator. various products needed to produce yashan the storage time and storage temperature home-baked goods. increase. In addition, worms can enter the 1. 23:9-14 When Rav Aharon later moved to Chicago, flour bags even if the opening is extremely 2. Kiddushin 36b 3. Yoreh De'ah 293:2-3 he convinced a bakery to become yashan, and minute. Therefore, it is imperative to 4. Rama Yoreh Deah 293:3, Ohr Zarua, Vol. 1, section 328 eventually other bakeries in Chicago followed refrigerate the flour, to be certain the bags have 5. Mordechai, Kiddushin #501 6. Rama Yoreh Deah 293:3, Ohr Zarua, Vol. 1, section 328 suit. Rav Yitzchak Giffin, z”l, a talmid of Rav no openings, and to maintain cleanliness. 7. Yoreh Deah 293:6 Aharon, guided these bakeries in observing There are flour companies that have 8. Yoreh Deah 293:19-20 9. Taz Yoreh Deah 293:2, Ohr Zarua, Vol. 1, section 238, Bach, Yoreh yashan. worked closely with the OU to provide yashan Deah 293, see Shach #6 who disagrees In the 1970s, other individuals became flour. This is done for 50- and 100-pound bags. 10. Shaagas Aryeh Chadashos Dinei Chadash, Chapters 1-2

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