ראש השנה תשע״ה / KOF-K HALACHIC JOURNAL 5775

Hearing the Inner Voice of the Shofar 8 Rabbi Zecharia Senter The Mitzvah of Viduy – Speak for Yourself! 11 Rabbi Ahron Felder, zt”l Forgive Me if I Forgive Others 14 Rav Shmuel Meir Katz, shlit’a Oil of Orange – and the Seventh Year 27 Rabbi Pinchas Juravel

18 Rabbi Ari Senter A Tribute to Rabbi Ahron Felder zt”l 3 בית דין מכון אהרן ע"ש הרב אהרן פלדר זצ"ל Founding posek of KOF-K Kosher Supervision

■Rav Shlomo Gissinger shlit’a ■Rav Shmuel Meir Katz shlit’a ■Rav Moshe Chaim Kahan shlit’a Rav of K’hal Zichron Ya’akov in Well known as one of the A musmach of Lakewood’s Beis Lakewood, NJ, is well known as an distinguished senior poskim in Beth Medrash Govoha, Rav Kahan’s expert in all areas of Halacha and Medrosh Govoha in Lakewood. expertise in halachah propelled him specifically on the subject of tolaim Rav Katz is a foremost authority to the ranks of poskei halachah in (insect infestation in foods). on matza production as well as all the Yeshiva, alongside his position aspects of Kashrus and Halacha. as Rav of Khal Williams Street in Lakewood.

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201 The Plaza, Teaneck, NJ 07666 • (201) 837-0500, Fax (201) 837-0126 Kashrus Questions: (201) 837-0500 x2 • www.kof-k.org Rabbi Ahron Felder zt”l

This issue of Food for Thought is dedicated to the memory of Rabbi Ahron Felder zt”l, Founding Posek of KOF-K Kosher Supervision כתבי הרה״ג abbi Felder, Rav of focus on the others. He was so and we became yedidei nefesh. From Congregation B’nai Israel- outstanding in every one of his my vantage point, I would like to Ohev Zedek Philadelphia capacities that each one outshone speak about the close, warm, and רבי אהרן פלדר זצ״ל .R& talmid muvhak of Rav Moshe the other. wonderful friend he was Feinstein zt”l, passed away suddenly I was present when my The Mishnah tells us, “Kinei a few months ago, leaving a gaping rebbe, Harav Hagaon Rav Yosef lecha chaver,” acquire a friend. Rav vacuum that will not easily be filled. Dov Soloveitchik, zt”l, related a Soloveitchik elaborated on the To Rabbi Zechariah Senter, founder fascinating true story: Three great Rambam’s comments about the of KOF-K, the niftar was a close rabbanim in Europe got together to three ways to be a friend. First, the colleague, a revered halachic guide, discuss the main tafkid, the primary Rambam speaks of a chaver l’ezra and a beloved friend. The following function and goal of the rav in a – a friend who is there when you words were delivered by Rabbi kehillah. Those three great Torah need him, ready to provide any Senter at an azkarah that took place beacons were the Rav’s grandfather, necessary assistance. The second in Rabbi Felder’s shul on July 20, Rav Chaim of Brisk, Rav Yechiel aspect of friendship is chaver l’sod The following of 2014. Michel Epstein, mechaber of the – someone you can confide in and זצ״ל Though I do not consider myself Aruch Hashulchan, and Rav Itzele unburden yourself to, someone to Rabbi Ahron Felder’s of adequate stature to eulogize such Peterburger, the famed Rosh Yeshiva, share good times and, chas v’shalom, seforim are being an eminent Talmud Chacham, I am zichronam livracha. trying times. As Rav Soloveitchik prepared for reprinting most appreciative of the opportunity After pondering the question, Rav expressed it so beautifully, “Simchahs with the author’s notes to say a few words of tribute about Epstein replied: The main role of a rav are heightened and sorrows are my dear friend, Harav Hagaon Rav lightened if there is someone to and additions, under the b’Yisrael is to be a posek Halachah, a auspices of Keren Ahron Felder zt”l. moreh hora’ah, answering halachic share them with.” Indeed, if you Some time ago, I heard the questions for the community. have nobody with whom to share Zichron Ahron: Novominsker Rebbe, Rav Yaakov your simchah – it is a very empty Rav Itzele Peterburger disagreed. Perlow shlita, express the following simchah. And if there is no one to אהלי ישרון חלק א׳.He felt that the primary goal of the 1 thought so beautifully: People say of commiserate with you in times of rav is to be a melamed, to teach אהלי ישרון חלק ב׳ .the Chofetz Chaim that his tzidkus tza’ar, the pain is magnified. Lastly, 2 Torah to everybody in the kehillah. מועדי ישרון .was so profound that it eclipsed his there is the chaveir l’de’ah – a friend 3 ge’onus. Anyone who studies the Rav Chaim of Brisk concluded: who shares the same lofty goals and שאילת אהרן חלק א׳ .Mishnah Berurah in depth can easily a rav is definitely supposed to be a harbors the same aspirations. 4 see how brilliant the Chofetz Chaim posek and unquestionably, he must Rav Felder was a chaveir of the Sponsorship opportunities was, but his righteousness was so also be a teacher for his community, highest caliber. He was an extremely outstanding, it distracted people but his main function is to be a kind and considerate person, always are available. from his genius. About Rav Chaim of baal chesed, to be kind and gentle there to provide assistance when Brisk zt”l, the opposite was the case. and show genuine concern for needed. He was a trusted confidante; His enormous ge’onus, his derech everyone in the kehillah who needs one could discuss personal questions halimud that revolutionized the his attention. and share personal difficulties with whole way of learning in yeshivos, My close and beloved friend Rav him. Above all, he was a chaver was so striking that many people Ahron Felder, was the embodiment l’de’ah, someone with whom you did not appreciate what a tzaddik of all three. He was a posek par could discuss spiritual aspirations he was. Stories abound about the excellence, a tremendous moreh and goals. tremendous chessed he engaged in Halachah who plumbed the depths From the time he joined KOF-K The following Mourning and Remembrance ,יסודי שמחות .of an issue and arrived at a crystal 1 on a regular basis – the unbelievable as the halachic decisor and later, as seforim are (in English with Hebrew footnotes) hachnasas orchim, tzedakah, clear psak. He was a melamed who head of our beis din, he was available currently available שאילת אהרן חלק ב׳ .kindness for the downtrodden. Yet, taught Torah to so many. And to us at all hours of the day. We 2 to most, he is perceived as the Gaon, he was also an outstanding baal at local Jewish רשומי אהרן חלק א׳ .benefited from his encyclopedic 3 Rav Chaim. chessed, showing kindness and knowledge in all areas of halachah. bookstores: רשומי אהרן חלק ב׳ .Similarly, Rav Felder was so multi- compassion to those in need of help. For most sheilos, he had a direct 4 faceted that when you experienced Rav Ahron and I enjoyed a very mesorah from his Rebbi, Harav one side of him, you could barely warm relationship over the years, Hagaon Rav Moshe Feinstein, zt”l. In For further information please email:

4 | KOF-K | ROSH HASHANA 5775 [email protected] כתבי הרה״ג רבי אהרן פלדר זצ״ל

The following of זצ״ל Rabbi Ahron Felder’s seforim are being prepared for reprinting with the author’s notes and additions, under the auspices of Keren Zichron Ahron: אהלי ישרון חלק א׳.1 אהלי ישרון חלק ב׳ .2 מועדי ישרון .3 שאילת אהרן חלק א׳ .4 Sponsorship opportunities are available.

Mourning and Remembrance ,יסודי שמחות .The following 1 seforim are (in English with Hebrew footnotes) שאילת אהרן חלק ב׳ .currently available 2 at local Jewish רשומי אהרן חלק א׳ .bookstores: 3 רשומי אהרן חלק ב׳ .4 For further information please email: [email protected] fact, Rav Felder’s derech ha’psak was The Strutkover Rebbe said on the said at the beginning of the pasuk, formulated in the many years he parashah of Ha’azinu that can give “U’mus!” You will die! Why first use spent as a ben bayis in the Feinstein us some added insight. Towards the the strong language and then the home, being meshamesh the Gadol end of the parashah, Hashem says softer phrase? Use either one or the Hador. to Moshe Rabbeinu, “Aleh el Har other. Ha’eivarim … u’mus bahar asher atah He answers: The Ribono Shel Rav Felder always carried himself oleh shamah, v’he’asef el amecha,” Olam is telling Moshe Rabbeinu, with regal, Rabbinic dignity. Even Ascend to Har Ha’ayvarim… and die “Only one part of you, your physical the non-Jews in our office had great on the mountain to which you will being, is going to die on this moun- respect for him. They were saddened ascend, and be gathered to your tain. Your spiritual legacy, your by his passing, and commented that people.” Hashem tells Moshe, “You hashpa’ah, your influence – will al- he was a “holy man”. Although he will not be zocheh to enter the Holy ways remain, ‘gathered to your peo- was short in height, he was tall in Land, only to see it from afar. Go up ple.’ Wherever Jews walk the face of stature. Although his sight was poor, this mountain and there you will die. this earth, Toras Moshe will remain his vision was clear. The Strutkover Rebbe asks very a liv e .” Where do we go from here? His insightfully, “Why does the pasuk Rav Ahron Felder was a wonderful loss is devastating to everyone – conclude with the words, “V’he’asef el rav and rebbe, a tremendous ba’al to his wonderful wife, outstanding amecha”? This phrase, “be gathered chesed, posek, melamed, and friend. children, to the entire community, to your people,” is a euphemism for His memory and his influence will to all his friends, and certainly to all death, a softer way of saying “you will live on with us forever. Yehei zichro of us at the KOF-K. die.” But Hashem already explicitly boruch!

6 | KOF-K | ROSH HASHANA 5775 THE NASI PROJECT Rabbi Zecharia Senter KOF-K Kosher Supervision CEO

he defining mitzvah of Rosh the mitzvah is to hear the sound of should be pronounced, “Lishmo’a Hashanah is the blowing of the shofar. kol shofar – to hear the sound of the the shofar. This mitzvah is shofar.” What are the practical Tintroduced in the Torah with the The second difference relates to implications of this difference of words: “Yom teru’ah yihiyeh lachem – Jews with a hearing impairment. A opinion? It shall be a day of shofar-sounding deaf-mute, as we know, is exempt for you” (Bamidbar 29:1). The first, most immediate from all the mitzvos. A person who The syntax of this pasuk leads the distinction is in the nusach of the can speak but cannot hear, on Rambam and the Geonim to differ as berachah pronounced on the shofar the other hand, is obligated in all to the precise nature of the mitzvah blowing. The Geonim, in keeping mitzvahs, with the exception of those – whether it is to hear the shofar or with their opinion, set the nusach which require him to hear. How to blow the shofar. The Geonim say as “litko’a kol shofar – to blow the about the mitzvah of shofar? Would that the obligation is to blow the sound of the shofar.” The Rambam, a person who can speak but cannot shofar. The Rambam maintains that in contrast, holds that the berachah hear be subject to this obligation?

8 | KOF-K | ROSH HASHANA 5775 That would vary according to the Geonim and the Rambam. If the mitzvah is to blow the shofar, as the Geonim maintain, a deaf person may execute his obligation by blowing the shofar, even though he cannot hear the results of his efforts. According to the Rambam’s opinion, that the mitzvah is in the hearing, the deaf are exempt.

Who May be Motzi Others? My Rebbi, Rav Yoseph Dov Soleveichick zt”l, asked the following question on the Rambam. It is Best wishes for a known that the person who blows shofar for a tzibbur, representing the sweet and congregation, may not be a woman, a minor or a non-Jew. According healthy to the Rambam, who defines the mitzvah as hearing the shofar blast, new year, what difference does it make who ˘נ‰ טוב‰ does the blowing, as long as people hear the shofar being blown? ומ˙ו˜‰ The Rav’s answer takes us a level deeper into this mitzvah. The Torah obligates us to hear a “kol Shofar.” The only one capable of producing a true kol shofar is a person who is obligated in the mitzvah. A woman cannot serve in that role because shofar is a mitzvas aseh shehazeman gramah, a time-related mitzvah, from which women are exempt. A child below bar mitzvah age can not do it, because he is obligated in shofar only as a form of chinuch, not with a full mitzvah obligation. Needless to say, the non-Jew does not qualify, since he is obligated in the seven mitzvahs incumbent on bnai Noach and no more. If any of these three were to blow the shofar, it may sound like an ordinary shofar blast, but in its essence, it is not an authentic “kol shofar.”

A Wake-Up Call The Rambam in Hilchos Teshuvah (3:4) writes: lashon hakodesh: explains in Hilchos Teshuvah, the "אף על פי שתקיעת שופר בראש השנה To listen – to physically hear; mitzvah requires us to wake up .1 גזירת הכתוב, רמז יש בו, כלומר and hear, to understand that we ,עורו ישנים משנתכם ונרדמים הקיצו 2. To understand – to compre- need to change, and finally, to מתרדמתכם וחפשו במעשיכם וחזרו hend the meaning of what we Although follow up by doing teshuvah and“ — בתשובה וזכרו בוראכם" are hearing; blowing shofar on Rosh Hashanah implementing a specific program of is a scriptural decree, it contains an 3. To comply with this under- self-improvement. This is what a Jew allusion (to the underlying reason), standing – to obey the mes- should take away with him as the namely: “Awake, sleepers, from your sage we received. significance, meaning, and essence sleep! Arouse, slumberers, from When Shlomo Hamelech said of shofar. Otherwise, the shofar has your slumber! Search your ways “Shema beni mussar avicha” (Mishlei not done its job and neither have we. and repent, and remember your 1:8), he was giving sound advice, Creator!” implying all three levels of meaning: Tremble – and Return! The Rav asked the following two 1. Hear your father’s mussar - Do not My wife’s Zayde, my beloved questions on this Rambam: close your ears to physically hearing Rebbe, Rav Moshe Ahron Poleyeff parental counsel; 2. Understand the z”l once commented to me on the The Mishneh Torah is a Halachic "אם יתקע שופר :(mussar – be open and ready to grasp pasuk in Amos (3:6 compendium, not a mussar sefer. Is it possible“ — בעיר ועם לא יחרדו" their message; 3. Comply with their Why does the Rambam make an counsel. that the shofar should sound in the exception in the mitzvah of teki’as The mitzvah of shofar, in the city and the people do not tremble?” shofar and present a reason for its Rambam’s view, also includes performance – i.e., an end goal that This pasuk, said Rabbi Poleyoff, all three tiers of “lishmo’a.” The may be achieved by performing it – illustrates that the purpose of person about to blow shofar for the which he does not provide for any the mitzvah of shofar blowing on congregation wept because he was other mitzvahs? Rosh Hashanah is to arouse the overwhelmed by the task at hand – people to do teshuvah; it cannot be Why does the Rambam place this not only to enable himself and his otherwise. explanation in Hilchos Teshuvah, kehillah to physically hear the shofar, the laws of repentance, rather than My revered friend, Rav Ahron but to ensure that this sound would Felder z”l, told me that he personally situating it as the first Halachah in penetrate the heart and mind and the laws of teki’as shofar? heard Rav Moshe Feinstein zt”l say, soul with its compelling message that he is certain that anyone who To answer these questions, we and stir them to take action. hears the blowing of the Shofar on must delve a level deeper into the Rosh Hashanah and has not been view of the Rambam mentioned The Most Fitting Location aroused to do teshuvah, has not earlier regarding the nature of the Here, says Rav Soloveitchik, fulfilled the mitzvah. mitzvah of shofar. lies the answer to both of our This year, we – and especially our questions. By providing the reason “Lend Me Your Ears…” brethren in Eretz Yisrael – were given for teki’as shofar and by placing this and Heart and Soul the “luxury” of hearing rousing blasts explanation in Hilchos Teshuvah, the well before turning the calendar The Rav told a story of a ba’al tokei’a Rambam is telling us that one does to Elul – the piercing sound of air- in shul who began to cry before the not effectively fulfill the mitzvah of raid sirens that made every Jew, on shofar blowing. Ordinarily, people do shofar by simply hearing the sound site and abroad, tremble. We had not break into tears every time they of the shofar. If he stops there, he our “practice run,” which softened do a mitzvah. The Rav explained how may physically receive the sound the soil to receive the next round of he understood the shofar blower’s waves initiated by the shofar blower’s blasts in Elul and Rosh Hashanah. intense emotion, according to the exhalation of air into the ram’s horn, Let us hope that the inner voice of Rambam’s ruling that the mitzvah but he will totally miss the inner the shofar reached highly receptive of shofar is “lishmo’a”, to hear the voice of the shofar and its message. hearts and that our teshuvah this sound of the shofar. In order to properly execute year has done the job of drawing us There are three different the mitzvah, he must “lishmo’a” at back to Hashem, the essence of the meanings to the word “lishmo’a” in all three levels. As the Rambam call of the shofar.

10 | KOF-K | ROSH HASHANA 5775 Rav Ahron Felder, zt"l

Is Listening Equivalent to Speech? or many mitzvos performed with speech, like Kiddush and Havdalah, a person may fulfill his obligation by listening to someone else say the words, provided a number of conditions are met, such as the listener Fhaving in mind to be yotze with the speaker and the speaker being personally obligated in the Mitzvah to the same degree (as opposed to a minor). This principle is known as “shomei’a k’oneh” – listening is tantamount to saying. Regarding one spoken mitzvah, however, the applicability of this prin- ciple is not so simple. The Tur1 mentions that there is a difference of opin- ion among the Rishonim whether one may fulfill his obligation of viduy at Minchah on Erev Yom Kippur by hearing someone else recite the viduy or if he must utter it himself. The author of Mishnas Yavitz2 writes that this disagreement hinges on two opinions –Rashi versus the Ri and Rabbeinu Tam – cited in Tosafos.3 Rashi maintains that a person who is in the middle of his quiet Shmoneh Esrei must stop to listen to the shatz say Kedushah, because the din of

1. OC 607; see also Rosh on Yuma 8:25. 2. OC Siman 55. 3. Berachos 21b.

FOOD FOR THOUGHT | KOF-K | 11 shomei’a k’oneh is not literally k’oneh his viduy obligation, and, as he un- for himself; others cannot be motzi – i.e., listening is not equivalent to derstands it, the opinions cited in h i m .” dibbur, speech – and therefore, lis- the Tur do not argue with this con- tening would not constitute an inter- clusion. A Personal Confession ruption of his tefillah. Consequently, Why should viduy be different The Mishnas Yavitz that we quot- according to Rashi’s opinion, a shatz from other mitzvos in this respect? ed earlier writes that according to cannot be motzi others in saying the Thesefer Hirhurei Teshuvah5 differen- the Rambam, shomei’a k’oneh is not viduy, since viduy requires speech tiates between two possible reasons effective for viduy. He derives this and shomei’a k’oneh does not qualify why halachah requires the viduy to from the Rambam’s statement re- as speech. be uttered, and confessing in the garding viduy ma’aser7 that “each But the Ri and Rabbeinu Tam hold mind is not sufficient: If the reason one says it (the nusach) on his own.” that one may not stop his Shmoneh is because the thoughts are not suf- The Minchas Chinuch8 asks why the Esrei to listen to Kedushah, because ficiently resolved and solidified un- person bringing his ma’asros cannot the din of shomei’a k’oneh indicates til they are enunciated, we could as- be yotze by hearing the viduy said that listening does qualify as dibbur sume that shomei’a k’oneh would be by someone else, as in every case and it would be as if the person him- effective, since the Shatz can repre- of shomei’a k’oneh. We have to con- self was saying the words he hears sent a person in transforming vague clude that the Rambam holds that from the Shatz. By interrupting his thoughts into definite words. But if the din of shomei’a k’oneh does not Tefillah to hear Kedushah, it would the reason viduy must be expressed qualify as actual speech, but merely be considered as if he spoke in the vocally is that doing so stimulates executes the listener’s obligation in middle of Shmoneh Esrei. According one’s sincere feelings of repentance, a mitzvah. Therefore, in the case of to this opinion, hearing Viduy from making the viduy a kinyan, a binding viduy, we cannot apply this principle the Shatz counts as actual speech acquisition that is a genuine part of at all; the person himself must say and would be a valid execution of the speaker, the principle of shomei’a the viduy. the person’s obligation, no different k’oneh would not apply. Hearing an- The author of the Hirhurei Teshu- than if he pronounced the words other person confess on your behalf vah adds another point: According himself. simply does not have the same effect to the Rambam, an essential part of of rousing you to true teshuvah as the viduy is asking forgiveness,9 and Speech Rouses Inner Feelings does saying it yourself. therefore, the concept of shomei’a The sefer Teshuvas Hashanah4 In the end, the author of Hirhu- k’oneh cannot be applied here, be- discusses at length the question of rei Teshuvah admits that the answer cause it certainly is preferable for a the validity of shomei’a k’oneh in the is not clear-cut, since perhaps by person to ask forgiveness himself.10 mitzvah of viduy at length. He ex- linking yourself to the Shatz in the TheMo’adim U’zemanim11 propos- plains that the answer depends on form of shomei’a k’oneh, listening es two reasons why we do not apply whether the essence of viduy is the may have an inspirational effect that shomei’a k’oneh to the mitzvah of actual physical expression of speech parallels saying it on your own. But viduy. The first is that the nusach of with one’s lips – in which case, the he cites the words of the Ra’avad6 on viduy is written in the singular form, principle of shomei’a k’oneh would a different tefillah topic that implies e.g., chatasi, avisi, pashati; therefore, not be effective – or if it is merely otherwise: “The principle of one per- hearing the viduy from someone teluyah b’dibbur, a speech-related son being motzi another in his obli- mitzvah, like Krias Shema, in which gation applies in the case of tefillos case saying it oneself would perhaps hoda’os, prayers of thanks, such as 7. Hilchos Ma’aser Sheni 11:5 be preferable, but hearing it from berachos on the mitzvos. But in the 8. Mitzvah 607. the Shatz would still be effective. He case of a bakashah, a prayer that is 9. See She’eilas Ahron, siman 20 on the Mitzvah embraces the shitah that the Shatz in the form of a plea, anyone who of viduy. can certainly be motzi the person is well-versed enough must daven 10. It is surprising that the author did not cite the Kiryat Sefer, who wrote that each person who is eino baki, not well-versed, in says the viduy himself because the pesukim use the singular form for this Mitzvah. See also the Sefer L’teshuvas Hashanah, p. 99 for an elabora- 5. Ch. 1:1. tion on the subject. 4. P. 98. 6. Derashos Hara’avad. 11. Vol. 7, siman 232.

12 | KOF-K | ROSH HASHANA 5775 else cannot execute one’s obliga- is a bar chiyuva in the mitzvah of vi- tener is on a higher plane because of tion. In the nusach of viduy ma’aser duy, each person must say the viduy the added kedushah engendered by in the Torah as well,12 the language himself. his higher level of teshuvah, which is in the singular: “I did all that you transforms his sins into merits. If commanded me.”13 Levels of Teshuvah they do not have a parallel obliga- The second reason is that one We can address this debate on a tion, shomei’a k’oneh does not work. of the conditions of shomei’a different plane. When it comes k’oneh is that the motzi to doing teshuvah, there is a A Well-Based Practice should be a “bar chiyuva,” distinct difference between At the conclusion of our discus- – a person equally obli- teshuvah me’ahavah, repen- sion, we should nevertheless point gated in the mitz- tance from love, and out a few more sources that sup- vah. Since all teshuvah mi’yirah, re- port the ability of the Shatz to rep- Jews are areivim, pentance out of fear. resent the tzibbur in saying Viduy. guarantors for When a person does The Gra16 writes that on Yom Kip- one another, one teshuvah me’ahavah, pur, the Shatz says the Viduy him- Jew may do a his past transgres- self and the tzibbur listens. TheSefer mitzvah and ex- sions, even the Mo’adim U’zemanim explains that ecute the obliga- ones he did con- since everyone has already recited tion for his fellow sciously and inten- the Viduy in the silent Shmone Esrei, Jew based on the tionally, are trans- everyone agrees that the Shatz can din of arvus, mu- formed into zechuyos, be motzi them, since shomei’a k’oneh tual responsibility. merits. The Maharsha is always sufficient for a repeat. The But when it comes discusses the mecha- Sefer Hirhurei Teshuvah17cites the to the mitzvah of nism by which this kohein gadol’s viduy on Yom Kippur oral confession, occurs: With the on behalf of Klal Yisrael as another which must fol- lofty act of teshuvah, support for the shatz’s ability to be low sincere re- a person increases motzi those who are not well-versed. gret of one’s sins his account of ma’asim The author18 also quotes the Me’iri and resolution tovim by more than is as saying that the Geonim instituted not to repeat necessary to atone for the practice of having the Shatz say them, how can the sins he did. These the Viduy to execute the obligation we determine ma’asim tovim that he of those who are not baki enough to if the Shatz is at amasses with his teshu- do so themselves. the same stage vah me’ahavah become Ideally, every person’s prepara- of obligation as added merits.15 tion for Yom Kippur should include the people he would be According to this, we a review of the meaning of the Viduy motzi? “The hidden sins can say that another rea- and an effort to master the prerequi- are for Hashem”;14 no man son for the opinions that site steps – regret for past sins and can know what is going negate shomei’a k’oneh as resolution to avoid future ones – so on in his fellow Jew’s an option for the mitz- that he may come to the davening thoughts. Therefore, the vah of viduy is that the on this solemn day equipped to per- din of arvus would not listener may have done sonally execute his obligation in the apply here. Since we cannot know if teshuvah me’ahavah while the Shatz best possible way. May our tefillos the Shatz did teshuvah yet and if he only did teshuvah mi’yirah. If that is be said with sincerity and received the case, the Shatz is not a bar chiyu- with compassion! va in relation to the listener; the lis- 12. Devarim 26:14. 13. It is surprising that the author does not mention that the Kiryat Sefer preceded him in 16. In the sefer Ma’aseh Rav. offering this explanation. 15. See She’eilas Ahron, siman 20, the discussion 17. P. 19. 14. Devarim 29:28. on ch. 10 of the Rambam’s Hilchos Teshuvah. 18. Sefer Hirhurei Teshuvah p. 15.

FOOD FOR THOUGHT | KOF-K | 13 Rav Shmuel Meir Katz, shlit'a Chaver Beis din KOF-K kosher Supervision

Judgment or Compassion? nusach of the piyut in Shacharis of But a few lines down, in the 1 The days of Rosh Hashanah and the first day Rosh Hashanah. In same piyut, we say “Hakol b’emes Yom Kippur are known as yemei the middle of that piyut, the author v’hakol b’din b’middas harachamim hadin – the days of judgment. Yet, writes “Ulay yechanen b’she’as hadin, uv’middas hadin – Everything is many of the tefillos we say on these ki ein rachamim badin – Perhaps with truth and with judgment, with Days of Awe are replete with mention he will be pardoned at the time of the qualities of compassion and of Hashem’s rachamim, compassion. judgment, for there is no compassion of judgment.” That seems to imply Is the prevailing middah of this in judgment.” that the judgment is conducted period judgment or compassion? with a blend of din and rachamim – an apparent contradiction to the This seeming contradiction earlier phrase. is especially pronounced in the 1. Beginning with the words, “Melech b’mishpat ya’amid eretz

14 | KOF-K | ROSH HASHANA 5775 No Excuses… that our chachamim teach us in this Chaim, “this puzzling statement Let us shelve this contradiction for Beraisa that they are out and out can be explained according to the 6 the moment and address a difficult rejected. Midrash which states, ‘Come and passage in the Yom Kippur Machzor. see the power of people who give In the Shadow of Your Wings In the Tefillah Zakah that we say in tzedakah and do chessed. They take the electrifying moments preceding A possible answer to both of shelter – not in the shadow of the Kol Nidrei, we recount the areas in our questions can be found in the morning star, nor in the shadow which we may have erred over the following discussion by the Chofetz of the ends of the earth, not in 3 year. But in the tefillah, instead of Chaim in his Sefer Ahavas Chessed: the shadow of the sun, nor in the 4 simply saying “I sinned,” we tack on “In Maseches Avodah Zarah, Rav shadow of the wings of the angels a list of justifications for our straying Huna says, ‘Whoever involves called chayos, not in the shadow of from the proper conduct, “I followed himself in Torah alone (i.e. he is the keruvim, nor in the shadow of the counsel of my Yetzer Hara, the celestial eagles, but rather which daily sets out a net to in the shadow of He Who trap me… and the burden of spoke and the world came into 7 providing for my family and being, as the pasuk says, “How everyday distractions were my precious is Your kindness, r u i n .” Hashem, Man takes shelter in the shadow of Your wings.”’ But are those justifications – justified? The Beraisa in Who Will Judge Your Case? Yuma2 gives us a preview of how it will be when we come “The meaning of this,” before the Final Judgment after continues the Chofetz Chaim, 120 years: The pauper, the rich “is that when the Beis Din man, and the rasha come to shel Maalah issues judgment, be judged. To the pauper, they even though there are many say, “Why didn’t you delve into malachei rachamim, angels of the Torah?” When he attempts mercy, among them, there is to use his poverty as an also din, strict judgment. Not excuse, they chide him, “Were so when Hakadosh Baruch you poorer than Hillel…?” To Hu judges alone; He is totally the rasha’s claim that he was rachamim, compassion and overcome by his yetzer hara, mercy… But when is Hashem they counter, “Were you more Himself the sole judge? When attractive than Yosef…?” and the person (coming before so on. judgment) is a baal chessed and rouses the root of chessed So, based on this Beraisa, in the upper worlds by his it would seem that the very actions. For this, he merits that same excuses that we attempt to not involved in gemilus chesed) is when the time comes, Hakadosh offer in the Tefillah Zakah – too like someone who has no Elokim, Baruch Hu Himself presides over much temptation, financial strain – as it says in the pasuk,5 “Many days his judgment. This is also the were already deemed unacceptable elapsed for the people of Israel explanation of the pasuk,8 ‘May my long ago. Why should they be of without a real Elokim.”’ judgment go out from before You, any greater validity now? It seems may Your eyes behold uprightness.’ incomprehensible that we should “In my opinion,” says the Chofetz have the temerity to trot out these excuses when we know full well 3. Part 2, ch. 4. 6. Rus Parashah 5:4. 4. 17b. 7. Tehillim 36:8. 2. 35b. 5. Divrei Haymim II 16:3. 8. Tehillim 17:2.

FOOD FOR THOUGHT | KOF-K | 15 The words ‘from before You’ imply judgment with ‘You alone, without the participation his own hands, of the Beis Din shel Maalah. and according to “When the Gemara says that this record, his ‘Whoever involves himself in Torah din is carried out, alone is like someone who has no and k’fo’alo yifal lo Elokim,’ it means to say that he does din, his judgment not merit that Hashem Elokim, with will be executed His consummate compassion and in keeping with kindness, should personally defend his actions.” This him from the forces of din, so that is just as we said, they should not overcome him.” that in judging the person, Hashem This is not an arbitrary show regards him of favoritism; it is true justice. according to his As the Mesillas Yesharim writes,9 own qualities and explaining the words of Chazal in actions – whether Maseches Shabbos10 that “Whoever he was strict and has compassion for other people is unbending in treated with Divine compassion”: his dealings with “This is because Hakadosh Baruch others or soft and Hu treats people middah k’neged pliable. middah, measure for measure. Therefore, when a person who is Then, the piyut concludes, compassionate and does chessed defendant must be someone who “Everything is with with others comes to judgment, he was not very involved in gemillus truth and with judgment, with too is treated with compassion and chessed. Indeed, for him, under the the qualities of [both] compassion his transgressions are generously piercing, unbending magnifying and of judgment” – all in keeping forgiven. This forgiveness (which glass of din, these justifications do with the defendant’s character. The may appear like a bending of justice) not make the grade. is actually the epitome of justice, more he embraced the quality of because it is meted to him measure compassion in his life, the more the But the Tefillah Zakah is said at for measure, in keeping with his own quality of compassion will play a the onset of Yom Kippur, when the conduct.” role in his own judgment. Satan has no permission to speak up and the Beis Din shel Maalah is Judgment or Compassion Excuses Fly– for Those pushed aside as is explained earlier – Depends on You Who Excuse Others in Yuma, 20a, leaving the One Judge. At that auspicious time, we can rely With this premise clarified, we The same principle comes on the fact that “My judgment will can easily explain the words of into play to answer our question go out from before You,” before You the piyut mentioned earlier, which regarding the seemingtly lame alone. In that case, we can allow started off saying that there is no justifications presented in the ourselves to justify our actions with rachamim in din and later seemed to Tefillah Zakah. In the quote we cited these excuses. There, facing our imply that compassion is an essential from Yuma, notice that the language Compassionate Judge alone, Am part of the din. The answer lies in is in the plural, “They say, ‘Were you Yisrael stands in its ultimate purity the intervening words of the piyut, more impoverished than Hillel’; they and holiness and can hope for His which echo our above discussion say, ‘Were you more beautiful than kind forgiveness. perfectly: “Every person signs his Yosef?’ Rashi explains that the plural form indicates that we are referring May we all be zocheh to live to the Beis Din shel Maalah, and, our lives in a way that will earn us 9. Ch. 19. as we learned, if the Beis Din shel Hashem’s compassion – this Yom 10. 151b. Maalah is doing the judging, the Kippur and always.

16 | KOF-K | ROSH HASHANA 5775 זריזים מקדימים

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•Expert advice & referrals •Crisis Counselling •Insurance & Financial Help •Support Groups •Vocational Services •Patient Advocacy •Resource Center www.kof-k.org www.binausa.org Rabbi Ari Senter Director of Halachic Standards KOF-K kosher Supervision

he traditional yom tov table is Rosh Hashanah food is an apple Introducing — rich with symbolic foods. On dipped in honey,4 auguring a sweet, Honeydew Honey Rosh Hashanah, the spread new year. For many people, honey Normal honey as we know it Tmay include a variety of specialty remains a fixture on theyom tov table is derived from plant nectar. The items, from pomegranates filled with throughout the Yamim Nora’im season nectar is gathered by bees from 1 seeds representing our many merits, – Erev Yom Kippur, Sukkos, and all the local flowers into a special sac and 2 to leeks — karti in the Gemara — way through to Hosha’ana Rabbah. processed to produce the sweet, expressing our hope that our enemies But did you ever stop to wonder how healthful product that graces 3 “yikartu,” will be wiped out. honey, a by-product of non-kosher our Rosh Hashanah table. In the The classic and most universal bees, should be an acceptable staple following pages, we will discuss why on any Jewish table? Why is honey the Gemara deems honey kosher. kosher? – A sticky question, indeed! But our focus in this article will be on a similar, yet different, product 1. This custom is mentioned in Avudraham, Hilchos Rosh Hashanah, and is cited by the known as “honeydew honey.” Rema OC 583:1. 4. The source of this custom is in Ashkenaz, and it is cited in the Tur and Rema ibid. See also Honeydew honey is defined as 2. Horayos 2a; Krisus 6a. Also cited in Shulchan Maharil (Hilchos Rosh Hashanah 6-7) and the the product of “a sugar-rich sticky Aruch ibid. Bi’ur Ha’Gra ibid for reasons why the apple in liquid secreted by aphids and scale 3. Mordechai, beginning of Maseches Yuma in particular is customarily used. In any case, the the name of the Teshuvas Ha’geonim; also cited custom spread to the Sefardic communities as insects as they feed on plant sap. by the Ran at the end of Rosh Hashanah in the well: See Ben Ish Chai (Parshas Nitzavim) and This liquid is in turn collected by name of Rav Hai Gaon. Kaf Ha’chayim 583:25.

18 | KOF-K | ROSH HASHANA 5775 honey bees and other creatures, which process it into a dark, thick honey, highly prized in Europe and other locations.” In the case of honeydew honey, the bee does not eat the nectar directly, but rather gathers insect excretions found as droplets on the surface of the leaf. Assuming the aphid that excreted the liquid was large enough to be seen by the naked eye,5 that liquid is the product of a prohibited creature. What is the status of the honeydew honey created by the bee on the basis of this liquid? As a first step, we need to understand why ordinary honey is halachically permitted. Then, we can address the question of whether honeydew honey as well should be acceptable.

Water In, Water Out The Gemara6 addressing the status of honey, opens with a question that was posed to Rav Sheshes: What is the kosher status of a donkey’s urine? Before presenting Rav Sheshes’s response, the Gemara explains why the question was as “maya ayil, maya nafik — Water the Halachic principle,8 “Ha’yotze raised only regarding a donkey and in, water out.” Though the thought min ha’tamei tamei, v’ha’yotze min not horses or camels. As we know, of drinking this substance may be ha’tahor tahor – What comes out behaimah temei’ah the milk of a , an repelling to us, it is permissible of the tamei is tamei, and what 7 But unclean animal, is prohibited. for consumption according to this comes out of the tahor is tahor.” He the urine of horses and camels is opinion of the Gemara. stresses that the language used is almost indistinguishable from water. Donkey urine, on the other hand, not “mi’tamei” — prohibiting what No noticeable change is present changes color, raising suspicions was affected by an unclean body, indicating that a process took that a milk-like process took place. but rather “min ha’tamei — what place resembling milk production. The question is, if the discoloration emerged from an unclean species. This urine can be defined simply is merely a result of the water having Since the urine emerged from a passed through the heat of the body, donkey, an unclean species, Rav leaving the urine in the category Sheshes concludes that it is not 5. Since something that is not recognizable permissible for consumption.9 without the aid of a magnifying glass is not of maya ayil maya nafik,or if the prohibited. See Shulchan Aruch YD 84:36; Igros discoloration indicates that a real Moshe YD Vol. 2, Siman 146 and EH Vol. 3, Siman process took place, rendering it 33; Dovev Meisharim Vol. 1 Siman 1 and many prohibited like any unclean animal’s other poskim. 8. This principle was mentioned in an earlier 6. Bechoros 7a. milk. Gemara, Bechoros 5b. 7. As explained ibid 6b, and in Shulchan Aruch Rav Sheshes responds by stating 9. Rabbenu Gershom wrote, ibid, that only don- YD 81:1. key urine, which undergoes a change during

FOOD FOR THOUGHT | KOF-K | 19 A Second Opinon to The Gemara then goes on to present an “ika d’amri” — a different opinion. The first statement of the Gemara considered horse and camel urine of unquestionable kashrus because of the principle of maya ayil maya nafik. According to the second view, horse and camel urine are also prohibited. The only reason this liquid was not included in the question, was simply because people did not commonly drink it. Donkey urine, on the other hand, was considered a potent antidote for jaundice and, foreign as it may seem to us, was imbibed as a matter of course. Both views conclude that donkey urine is prohibited. But according prohibit its to the first opinion, which embraces use.10 But if we the principle of maya ayil maya follow the opinion nafik, horse and camel urine are But that anything coming permitted. Conversely, according to why then should out of the body of a tamei species is the second opinion, this principle is only bee honey be permitted, tamei, and reject the stance of maya not accepted, and therefore, horse asks the Gemara. Why shouldn’t ayil maya nafik, why should honey and camel urine are also prohibited, the gezeiras ha’kasuv also apply to be permissible? based on the rule of “ha’yotze min honey produced by “gizin and tzirin The Tana, Rabbi Yaakov indeed ha’tamei, tamei.” — locusts and wasps?” The Gemara concludes that bee honey is responds that the only honey permitted only because of a “gezeiras How About Honey? expressly permitted was that of bees, ha’ kasuv” — Chazal derive the If anything coming from a non- because only bee honey is referred Halachah deeming it kosher directly kosher animal is prohibited, the to simply as “honey.” Honey of other from a pasuk. The pasuk11 states, “Ach Gemara goes on to ask, why should insects, which has a shem levai12 es zeh tochlu mi’kol sheretz ha’of — honey produced by honeybees be — i.e., are never entitled simply Only this may you eat from among permitted? As we mentioned, the “honey”, but rather are always tacked all flying teeming creatures.” Chazal bees collect nectar in a special sac onto another identifying word, e.g., learn from here that one may not in their body and convert the nectar “d’vash gizin” or “d’vash tzirin” — eat the actual offspring of a sheretz into honey. If we embrace the opinion are not permitted. True, there is a tamei, but may eat what it excretes, that maya ayil maya nafik, we can beraisa13 that opines that these other specifically bee honey. conceivably argue that the honey honeys are also kosher, but this view is basically emerging as it came in — a permissible plant product; the change it undergoes is not sufficient 10. As explained in the Rosh, ibid. But see Rab- benu Gershom, who maintains that nectar un- 12. See the Ma’adanei Yom tov on the Rosh ibid, dergoes a major change in its transformation se’if katan 100, where he explains the source for to honey, similar to the change sustained by a differentiating between honey with or without its sojourn in the body, is considered “ha’yotze donkey’s urine, and should actually be prohib- a shem levai. See also Machazik Beracha YD, end min ha’tamei,” but horse and camel urine, which ited according to both opinions in the Gemara. of se’if 81 for elaboration on this point. remain clear, are not considered “ha’yotze min The poskim ruled, however, according to the 13. Cited in the Gemara, ibid. A similar opinion ha’tamei” according to this reason in the Ge- opinion of the Rosh. is brought in Mishnah Machshirin 6:4 regarding mara. 11. Vayikra 11:21. d’vash tzirin.

20 | KOF-K | ROSH HASHANA 5775 a gezeiras ha’kasuv that says “honey is permissible,” perhaps this honey too should be kosher!

A Conflicting Mishnah To complicate matters further, a stam mishnah in Maseches Machshirin16 says that “D’vash tzirim tahor u’mutar b’achilah — Wasp honey is kosher and permitted for consumption.” The Mishnah the side clearly is not basing its heter on the we take in this aforementioned gezeiras ha’kasuv, debate, wields a definite since, as we mentioned, the gezeiras impact on the Halachah. ha’ kasuv excludes honey with a shem The Flip Side levai such as “d’vash gizin v’tzirin,” while the stam mishnah permits it.17 Now, let us turn the question Rabbenu Tam18 concludes from here around. If I have a product like clearly that the permitted status of honey honeydew honey, which looks like contradicts cannot be founded on gezeiras honey, tastes like honey and is called the opinion of ha’ kasuv. He rules against Rabbi honey, but is produced through a Rabbi Yaakov. Yaakov’s view in the Gemara19 and different scientific process, is that espouses the first opinion, which honey kosher? As mentioned above, Either — Or permits honey because of the in honeydew honey, the bees do principle of maya ayil maya nafik. The opinion of the Gemara that not eat the flower nectar directly. we choose to adopt has serious Instead, the aphid eats the nectar, As we recall, the whole question ramifications in Halachah. If we and the bee eats the sticky liquid of honey’s kashrus was predicated stand by the principle of maya ayil subsequently excreted by the aphid. on the debate of why donkey urine maya nafik - water in, water out, - In this case, the principle of maya is brought to question and not bee honey would emerge not as a ayil maya nafik would be counter- horse or camel urine. The initial special exception, but rather as an effective, because if the matter discussion assumed that everyone example of a scientific process that ingested by the bee was a prohibited agrees to the rule of maya ayil maya does not sufficiently alter the state excretion,14 then going through the nafik, and therefore places horse and of what was ingested to render the bee’s body virtually unchanged camel urine in a different category. result the prohibited product of would merely allow it to remain as According to this opinion, honey an unclean animal. In that case, it began — prohibited matter.15 was not an issue, since it too would however, why should wasp honey be be considered maya ayil maya nafik. On the other hand, if we assert any different? As long as the process that bee honey is permissible due to It was only when the Gemara of producing wasp honey mirrors brought into the picture the “ika that of bee honey, the product d’amri” – the dissenting opinion, should be kosher. 14. Even though according to this opinion, On the other hand, if we reject d’vash tzirin would be permitted, we still have maya ayil maya nafik, and attribute to be concerned that the process executed by 16. Machshirin 6:4. the aphids differs from the process of produc- the kashrus of the honey to a gezeiras ing standard honey and is more similar to don- 17. But see the argument we will cite later in ha’ kasuv, an uncontested derivation key urine, which was included in the umbrella the name of the Chida and the Pri Megadim, prohibition of “Ha’yotze min ha’tamei tamei.” according to the Maggid Mishnah, that would by Chazal from the pasuk, restricted The poskim discuss a similar question in regard seem to reject this proof. to what is exclusively known as “bee to shellac. See Igros Moshe YD, Vol. 2 Siman 24; 18. Sefer Ha’yashar Siman 531, cited also in the honey,” this product alone earns the Kovetz Teshuvos (of Rav Elyashiv zt”l) Vol. 1, 73:6. Rosh. See also Alehu L’terufah 4:1. kosher badge; other honeys cannot 19. Since the Halachah follows the stam mish- 15. As explained in the Chazon Ish on Bechoros nah, and the stam mishnah permits wasp honey, make the same claim. Therefore, 16, end of se’if katan 14. unlike Rabbi Yaakov.

FOOD FOR THOUGHT | KOF-K | 21 which rejected the concept of maya slight preference to the ayil maya nafik and maintained latter opinion; if it is a that horse and camel urine are also safek d’Oraisa, he rules problematic, that the question of l’chumrah, and if it is a honey’s status arose. In the absence d’rabbanan, he goes of the concept of maya ayil maya along with the last nafik, honey should be no different shitah cited. The last from anything that emerged from a one, he posits, always tamei creature. bears the strongest logic. In contrast, Which Opinion Takes according to the Riva,27 First Place? whenever there are There is major disagreement two shitahs, the first among the Rishonim20 how to derive one is primary. Halachah when the Gemara presents In short, some two non-compatible opinions: Rishonim say you The Rosh21 understands that give credence to the Rabbenu Tam generally rules like the first opinion in the “ika d’amri” (although in the case of Gemara, some say you honey, he does not),22 while Tosfos23 give credence to the has a different tradition regarding second, and some vary Rabbenu Tam’s approach.24 The Rosh depending on the issue himself25 always rules stringently in involved. Another matters of d’Oraisa — relating to Rishon, Rabbenu Torah prohibitions — whether the Shimshon,28 elects to stringent opinion is the first one use an external proof cited or the second. Rashi26 gives to clarify the matter. Yet others29 opt for the more stringent 20. Cited in the Rosh, Avodah Zarah 1:3. opinion across the 21. Rosh on Bechoros 1:7. But in Avodah Zarah board. ibid, he cited the Rabbenu Tam as the opinion Our question of Tosfos in his name. See also Ma’adanei Yom is not so clear. First, we must learn tov, se’if katan 1, who annotates the language of regarding honeydew honey would the principles of understanding the Rosh in order to resolve the contradiction. appear to turn on how we deal with Shulchan Aruch. In one place,30 the In any case, the approach of the ge’onim and the the ika d’amri — the dissenting Rif is to always side with the second opinion, as Shulchan Aruch writes: “D’vash gizin cited by the Rosh in Avodah Zaarah, ibid, in the second opinion in the Gemara. v’tzirin mutar, v’yesh mi she’oser name of the Ritz Gi’at and in Gittin 6:12 in the — The honey of gizin and tzirin is name of the Rif. Reading into the permitted, and there are those who 22. Since he ruled that d’vash tzirin is permit- Shulchan Aruch ted, and this follows the first opinion in the prohibit it.” Most poskim31 hold that Gemara. How does the Shulchan Aruch whenever the Shulchan Aruch brings 23. Avodah Zarah 7a (section beginning learn the Gemara and rule on the a Halachah and then tacks on a “B’shel Torah”); Shabbos 42b (section beginning “V’haynu”). honey issue? The question is simple “yesh mi she’oser”, his ruling follows 24. The Tosfos wrote in the name of Rabbenu and straightforward, but the answer the first statement. According to Tam that two opinions constitute a safeik — a this rule, the Mechaber is seemingly matter of doubt. Therefore, in a case of d’oraysa, he rules stringently, and in a case of d’rabbaban, leniently. 25. Rosh on Gittin 6:12; see also the Korban 27. Mentioned in Tosfos and in the abovemen- 30. YD 81:9. tioned Rosh. Nesanel se’if katan 200. 31. See Yad Malachi, Klalei Ha’Shulchan Aruch 26. Rashi on Chulin 50a (section beginning 28. Mentioned in Tosfos ibid. 17, who cites this in the name of many poskim “Ki”), cited in Tosfos and in the abovemen- 29. Rosh Avodah Zarah ibid, in the name of and writes that he did not find any other opin- tioned Rosh. “miktzas Ge’onim.” ion on this.

22 | KOF-K | ROSH HASHANA 5775 ruling that “d’vash gizin v’tzirin” is question of the Beis Yosef:33 Why sheretz tamei is permitted. The permissible which would indicate do we need to limit the gezeiras gezeiras ha’kasuv only authorizes us that he supports the principle of ha’ kasuv altogether? Why can’t we to regard as permissible excreted “maya ayil maya nafik.” simply say that anything excreted by matter that fits the criteria — If that is the case, he should a flying insect, including d’vash gizin specifically, the criterion of maya logically hold that donkey urine, v’tzirin, is permitted? One problem ayil maya nafik. When the Gemara and certainly horse and camel urine, is that Rashi34 maintains that “gizin” excludes the honey produced by is permitted. The problem is that is not a non-kosher type of insect at insects that carries a shem levai, in the first Halachah in that same all, but a kosher type of locust, and this is not an arbitrary omission. chapter, the Shulchan Aruch places the question regarding its honey Rather, the fact that this “honey” urine in the same category as milk is not an issue of excretion from a is called by other names and not from an unclean creature and deems sheretz oif, but rather of eiver min “generic honey” indicates that this it as prohibited as the creature’s ha’chai — eating the limb of a living insect does affect the honey in the meat, adding “v’yesh mi she’matir creature35 — an interesting insight, course of production. Therefore, its — there are those who permit it.” but one that will not help us rule on honey cannot be regarded as a case Here, he appears to be espousing this question. of maya ayil maya nafik. The gezeiras the view that maya ayil maya nafik Rav Shlomo Zalman zt”l has a ha’ kasuv is actually only authorizing is not a viable rule, which seems to different and most illuminating us to say that for bee honey, we can contradict the logic of his ruling on approach. In a teshuvah on the confidently say maya ayil maya nafik honey! How do we understand this subject,36 he says that anyone who and permit its consumption. conflict? takes a look at bee honey, could According to Rav Shlomo This conflict would also seem not independently assert that it is a Zalman’s approach, the honeydew to be the crux of our question on case of maya ayil maya nafik. Honey honey would in any case be honeydew honey. If the prevailing is not like urine, which closely prohibited, because the gezeiras principle is maya ayil maya nafik, resembles the water from which it is ha’ kasuv does not apply to it. The the honeydew honey would not be produced. Honey and nectar are not gezeiras ha’kasuv was originally kosher, since what the bee ingested automatically identified as similar intended only for things that was prohibited. But if the prevailing matter. Who says you can attribute are maya ayil maya nafik. Wasp principle is a gezeiras ha’kasuv the rule of maya ayil maya nafik to honey, which could be included in permitting all bee honey, then, at honey?37 the gezeiras ha’kasuv and is also first glance, honeydew honey is also The conclusion of Rav Shlomo produced with the same process known exclusively as bee honey and Zalman is that the gezeiras as bee honey, would be permitted should be perfectly kosher. ha’ kasuv never meant to tell us according to this approach.38 But that everything excreted by every something like honeydew honey, Merging of the that is definitely not maya ayil maya Competing Opinions nafik, would not be permitted even if Note that we qualified that last we embrace the opinion of gezeiras ing to him regarding the point that there is a hakasuv. statement by adding the words, “at gezeiras ha’kasuv permitting honey. This is why first glance.” The reason is that even the stam mishnah permits d’vash tzirin, because Other Approaches if we embrace the opinion of gezeiras the gezeiras ha’kasuv permits all kinds of hon- ey, even honey with a shem levai, not because hakasuv, we might still hold that of “maya ayil maya nafik.” According to him, There are other opinions in honeydew honey is prohibited. How it would seem that honeydew honey should halachah, according to which be permitted, because the Torah permits all honeydew honey perhaps would so? kinds of honey, even those that are “yotze min The Maggid Mishnah32 cites the ha’tamei,” because of the gezeiras ha’kasuv. be considered permissible for 33. YD, end of Siman 81. consumption. These opinions are 34. Shabbos 130b. raised by Achronim attempting to 35. As the Mishneh La’melech, Ma’achalos As- 32. Hilchos Ma’achalos Assuros 3:3. There, his suros 1:21, explains Rashi’s approach. approach is that only Rabbi Yaakov differentiat- ed between honey with or without a shem levai, 36. Minchas Shlomo Vol. 2 104:3. and we do not rule according to him insofar as 37. A point raised also by the Sefas Emes on 38. According to the abovementioned ap- this detail is concerned. But we do rule accord- Bechoros 7b. proach of the Maggid Mishnah.

FOOD FOR THOUGHT | KOF-K | 23 understand why the Shulchan Aruch kosher food production.) could permit d’vash gizin v’tzirin The Rosh48 brings another, very after prohibiting animal urine. One interesting explanation in the name KOF-K Community Advisory solution suggested39 is to say that of Rabbenu Yonah:49 The acidity of the Shulchan Aruch considers the the honey is so powerful that it gezeiras ha’kasuv all encompassing, breaks down anything that falls without any mi’ut — restriction. into the honey and transforms it This would explain how he could into something permissible. Within consider donkey urine prohibited a short time, anything immersed Carbon Monoxide (showing that he rejects maya ayil in honey turns into honey. Even maya nafik) and d’vash gizin v’tzirin a neveilah, an animal carcass, —THE SILENT, INVISIBLE KILLER permitted, due to the unlimited with time would be transformed gezeiras ha’kasuv. into kosher honey! According to In anticipation of the upcoming Yomim Tovim TheChida 40 has a similar solution. the Tur,50 this would theoretically please be especially aware of a potential household danger: He too understands that the permit honey into which flour fell Shulchan Aruch does not accept the in honey, the poskim give a variety on Pesach! Carbon monoxide – an odorless, colorless and tasteless gas that can invade your home and poison your loved ones principle of maya ayil maya nafik, of reasons to permit consumption: On a metaphoric level, perhaps – unless you take proper precautions. It can be produced by burning apparatus (i.e. gas stoves, ovens, gas or wood and goes along with the gezeiras One reason to permit the honey is that is why we dip an apple into burning replaces), as the product of incomplete combustion. Fumes can build up in enclosed areas that lack ha’ kasuv, but expressly rejects the that the legs are nosen ta’am l’fgam44 honey on Rosh Hashanah. When we adequate ventilation. limitation of shem levai. This would — do not enhance the honey’s repent from the heart, our sincere Incomplete combustion – a frequent result of low stove ames over Shabbos or worse, over a two-three day Yom Tov. also explain how the Gemara could flavor; if anything, they detract from teshuvah, like the honey, takes our Inecient gas furnaces and water heaters also allow for gas leakage and are very DANGEROUS. be compatible with the Mishnah in the flavor. Consequently, if the legs past transgressions and transforms e key safety words are detection, ventilation and quick reaction! Machshirin — by saying that the are cooked with the honey, they do them into sweet, untarnished merits. gezeiras ha’kasuv applies across the not render the honey prohibited. This year, when you dip a wedge ■DETECTION – install a CO detector, keep it in good repair and DON'T 41 board. (Naturally, if the honey is not cooked of apple into the golden honey, close disconnect for Shabbos or Yom Tov. Test monthly – change the battery every six and the legs are still recognizable, your eyes, and immerse yourself, months ! Have your gas oven/stove inspected to verify that there is no leakage from Honey – a Model of they must be removed according to on a metaphysical level, into the any of the parts. Transformation this reason.) cleansing, sweetening bosom of ■REACTION – If you suspect gas leakage and/or signs of Carbon Monoxide Putting our honeydew honey A second reason is suggested by teshuvah – and a sweet, kosher New poisoning – (Symptoms include headache, dizziness, nausea, vomiting, confusion aside, there are other honey-related 45 the Rosh. He says that bee legs are Year to all! and reddened skin.) DON’T WAIT! Dial 911 immediately – yes even on Shabbos or issues discussed by the poskim. One 46 like bone matter. Only the meat of Yom Tov and get out of the house to fresh air. discussion42 addresses legs of bees unclean animals is prohibited, but that might have fallen in during not other body parts.47 (This opinion ■VENTILATION – After determining that the ame is burning properly, the bee’s honey-making process permits using ingredients produced 48. The Rosh on Berachos (Ch. 6, end of se’if one must still provide adequate ventilation However, ventilation alone and chametz43 items blended into katan 35) cites the words of Rabbenu Yonah is not adequate protection against a faulty burning stove. Keep a from the outer shells of shellfish in regarding blood and animal carcasses. The honey (such as corn syrup and even Pilpula Charifta on the Rosh on this quote in window slightly open to allow for fresh air – regardless of the flour that at one time was added to the abovementioned Avodah Zarah (se’if katan escape of heating/air conditioning! e stove ame should 10) wrote that this would also permit bee legs thicken honey). Regarding bee legs 44. This reason was adopted as Halachah in if they were dissolved. But whatever was not remain the right color and not waiver. Shulchan Aruch YD 81:8, and is based on the yet dissolved remains prohibited according to Mordechai on Beitzah, siman 674. this explanation. The Rosh also mentioned this 45. Avodah Zarah 5:11 in the name of Rabbenu quote from Rabbenu Yonah in a teshuvah (24:6). Last Shavuos , two separate CO poisoning incidents were reported in For more information, 39. Pri Megadim in Mishbetzos Zahav YD 81:1. Tam; a similar reason appears in Tosfos ibid, 49. Berachos 31b (from the Dapei Ha’Rif); also a New Jersey community alone: please visit the 69a. 40. Machazik Berachah YD, end of Siman 81. cited in a teshuvah by his disciple, the Rashba KOF-K website 46. Mishnah Yadayim 4:6, “Atzmos ha’chamor (Vol. 1, siman 80). •20 families in one apartment building were evaluated by 41. The source of the words of the Chidah and emergency services when the fire department detected unsafe www.kof-k.org tehoros — The bones of a donkey are tahor.” This 50. As written in the Chok Yaakov, OC 567:16, the Pri Megadim is the abovementioned Pri opinion maintains that one may deduce laws levels of CO in the building Megadim. that even though the Tur ibid prohibited honey of issur and heter from the laws of tumah and that flour fell into, it is because he does not rely 42. See Tur YD, end of Siman 81 and Beis Yosef taharah. on Rabbenu Yonah in practice. But if he would •12 people at a private residence were rushed to the hospital ibid. 47. Toras Kohanim Parshas Shemini 4:8, cited in rely on Rabbenu Yonah, this honey would be emergency room, after very high levels of gas were found in 43. See OC 467:8 in the Tur and Beis Yosef. Rashi, Vayikra 10:8. permitted on Pesach. their home and many of them were presenting with carbon monoxide poisoning symptoms Photos courtesy of Mishpacha Magazine. For the complete article of Rabbi Daniel Senter's "Honey of a Hobby" email [email protected] If you can use an electric hot plate, crock pot or warming tray for Shabbos and Yom Tov – do it! 24 | KOF-K | ROSH HASHANA 5775 If not, use your gas appliances responsibly! Your family's health is at stake! KOF-K Community Advisory Carbon Monoxide —THE SILENT, INVISIBLE KILLER In anticipation of the upcoming Yomim Tovim please be especially aware of a potential household danger:

Carbon monoxide – an odorless, colorless and tasteless gas that can invade your home and poison your loved ones – unless you take proper precautions. It can be produced by burning apparatus (i.e. gas stoves, ovens, gas or wood burning replaces), as the product of incomplete combustion. Fumes can build up in enclosed areas that lack adequate ventilation. Incomplete combustion – a frequent result of low stove ames over Shabbos or worse, over a two-three day Yom Tov. Inecient gas furnaces and water heaters also allow for gas leakage and are very DANGEROUS. e key safety words are detection, ventilation and quick reaction! ■DETECTION – install a CO detector, keep it in good repair and DON'T disconnect for Shabbos or Yom Tov. Test monthly – change the battery every six months ! Have your gas oven/stove inspected to verify that there is no leakage from any of the parts. ■REACTION – If you suspect gas leakage and/or signs of Carbon Monoxide poisoning – (Symptoms include headache, dizziness, nausea, vomiting, confusion and reddened skin.) DON’T WAIT! Dial 911 immediately – yes even on Shabbos or Yom Tov and get out of the house to fresh air. ■VENTILATION – After determining that the ame is burning properly, one must still provide adequate ventilation However, ventilation alone is not adequate protection against a faulty burning stove. Keep a window slightly open to allow for fresh air – regardless of the escape of heating/air conditioning! e stove ame should remain the right color and not waiver.

Last Shavuos , two separate CO poisoning incidents were reported in For more information, a New Jersey community alone: please visit the •20 families in one apartment building were evaluated by KOF-K website emergency services when the fire department detected unsafe www.kof-k.org levels of CO in the building •12 people at a private residence were rushed to the hospital emergency room, after very high levels of gas were found in their home and many of them were presenting with carbon monoxide poisoning symptoms

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mm, this Shemittah business is rather complicated,” Yankel said, perusing the Halachic “Hsection of the weekly magazine at his desk over his morning coffee. “Good thing our soft-drink factory doesn’t deal with any real imported fruits or vegetables. Everything is artificial, from start to finish.” “Not too attractive for the naturalists, but at least it saves us concerns about Israeli Shemittah fruit,” agreed his partner, David. “Hey, what’s that big bottle there on your desk?” “Oh, that? It’s a new flavoring additive, citrus oil. Someone sent me a sample, which he claims ’s the best thing since the strawberry-kiwi-mango- banana combo with which we won over the market. And the word is that it doesn’t even need a hechsher.” “But look, Yankel. ‘Citrus oil from the Land of Milk and Honey’ – doesn’t that mean it’s from Eretz Yisrael? It may not need a hechsher for kashrus purposes, but who knows what rules of Shemittah apply to it? Better check it out before we get into trouble!”

FOOD FOR THOUGHT | KOF-K | 27 The Sub-lime Citrus squeezed, from a carton, or mixed special holiness. The ramifications s Jews, when we hear from frozen concentrate. In fact, a of this kedushah are that the fruits the term “citrus,” what distinct majority of citrus fruits are and vegetables must be used only immediately comes to mind intended for juicing. This results in in a normative manner, e.g., for isA the majestic fruit that occupies vast quantities of extraneous citrus consumption and other limited an important place in Jewish peels, which remain available for uses, not, for example, for medicinal tradition, the citron, better known further processing. A prominent purposes. They also must be as the esrog. In fact, the Latin origin byproduct of the citrus juice accorded the requisite respect – not for “citrus” is citron. However, the industry is essential citrus oil. actively spoiled, nor discarded in a most popular fruits in this class The outer layer of a citrus peel, disrespectful manner. Therefore, the are actually the various species of also known as the “zest,” is rich in edible remains of Shemittah fruit orange, followed by the lemon, lime volatile oil glands. This oil is best may not be tossed into the ordinary and grapefruit. Citrus fruits are the extracted from the peel by a cold- trash bin along with repulsive highest-value fruit crop in the world press process, since any introduced garbage. Rather, it must be bagged of international trade. heat detracts from the oils’ desired and placed in a “Shemittah bin” until it rots on its own and is no longer In Hebrew, citrus fruits are properties. The liquid mix is allowed deemed edible. known as peirot hadar, literally, to settle, so that the oil can float to “Splendrous fruit.” Not every climate the top and be skimmed off. When Another halachah relating to can grow these tasty, juicy products. more concentrated citrus oil is Shemittah produce is that at the Today, there are a total of some 140 called for, the mix undergoes further end of the season, when fruits and citrus-producing countries. Current distilling or “folding.” Citrus oils vegetables are no longer growing in annual worldwide citrus production have a variety of applications, from the field, all produce that remains in is estimated at over 70 million tons, the flavor and beverage industry to one’s possession must undergo bi’ur with more than half of these – insecticides, perfume, and furniture – i.e., we must take it out, render it oranges. Prominent countries polish. Since the upcoming year, hefker, (ownerless), and only then among the citrus exporters, is Israel, 5775, will be a Shemittah year, in the may we reclaim it for ourselves. with its trademark Jaffa Oranges. following pages, we will explore the Needless to say, a full treatment status of citrus oils as they relate to The classic American of the laws of Shemittah would fill Shemittah. breakfast would not be volumes – but these are the basic points we need to know before we complete without a tall Shemittah in a Nutshell glass of tangy orange address our subject. juice – freshly- We know that Shemittah is the Shabbos of the land. But what does The Pitfalls of Pits and Peels that mean in practical terms? To jog Before we can determine whether your Halachic memory, in addition or not citrus oils are subject to the to agricultural procedures such laws of kedushas shvi’is, we need as planting and watering that are to know the general guidelines prohibited or may be done only regarding the various parts of the in a different manner during the Shemittah fruit – such as pits, shells, seventh year, the laws of Shemittah and peels. As we mentioned, the also address the special status of source of citrus oils is the orange produce that grows during that peel. Do such negligible parts of year (primarily fruit, which appears the fruit acquire kedushah to begin annually on the trees, or, according with? to the minhag Chazon Ish, The Mishnah1 states that vegetables grown in Eretz Yisrael pomegranate peels, pits, and by non-Jews during Shemittah). nutshells have kedushas shvi’is. The Produce that grows in Eretz Yisrael during Shemittah is invested with kedushas shevi’is – a 1. Maseches Shevi’is 7:3.

28 | KOF-K | ROSH HASHANA 5775 Rambam2 mentions this mishnah moisture. Pits with moisture have a they are generally saved for animals, and adds that these items do din of terumah, but if one discards the kedushah remains. The Chazon not have a requirement of bi’ur them, they do not. If we follow the Ish discusses whether “the majority” (rendering hefker, as explained rule, that the laws of what is subject is determined by what most of the above). to shevi’is tend to correspond to world does, or by those in one’s But when was the last time you what is subject to terumah, it would immediate area. ate pomegranate peels or nutshells? appear that pits without moisture, If some peels are edible only If these items aren’t edible, why which are used just for kindling, when still on the fruit, perhaps, one should they be a shevi’is issue not for eating or dyeing, would not may think, it would be prohibited altogether? This is in fact a matter assume kedushas shvi’is. to pare such a fruit and thereby set of debate. The Mahari Kurkus claims the holy peel on its way to decay. that though the fruit is edible by When Do Peels Lose Is there a mitzvah to eat shemittah humans, the peels and pits are not Their Appeal? fruit to avoid such an eventuality? and as such have no bi’ur obligation. The Chazon Ish,5 the posek The Chazon Ish maintains that The Radvaz, on the other hand, par excellence in applied mitzvos there is no positive requirement to explains that even though the hateluyos ba’aretz, writes that peels eat shemittah fruit, there is only a pits are not edible, they still have that are commonly eaten together prohibition against actively ruining kedushah because of their dyeing with the fruit (such as apples) have it. Even those6 who claim that one properties. TheKesef Mishnah kedushas shevi’is. Even if your two- does fulfill a mitzvah by eating such rejects that argument, insisting year-old does not consider fruit, consider failing to do so no that fruit pits are usable only for them fit for human worse than losing out on a mitzvah kindling, not for dyeing. consumption and will not opportunity. Therefore there is no The Minchas Yitzchak eat an apple wedge that boasts prohibition to peel fruits as long as was bothered by the fact a millimeter of peel, the peels one lets them rot as Halachically that this Rambam seems cannot be handily tossed out; required before discarding (but it is to contradict another ruling one must let them rot until far healthier to eat the peel!). of the Rambam,3 that fruit peels they are no longer edible. Regarding inedible peels, if they and pits to which the laws of terumah But when is the peel are not intended for animal feed, are not applicable, do not acquire deemed “no longer one may discard them immediately kedushas shvi’is unless they edible”? For example, (unless they have dyeing properties). have dyeing properties. you might not deign to Interestingly, the Chazon Ish proves So what is the dine on yesterday’s apple this from a Shaar Hatziyun in Rambam’s stance? peels, but your watchdog might the Mishnah Berurah7 on hilchos Do fruit pits have yelp at the opportunity. If the berachos, where it states that once, kedushah or not? discarded parts are still when people commonly ate the The answer may lie edible for animals, leaves of a caper bush, its berachah in a different Halachah, the Halachah will was “Ha’adama,” but today, when where the Rambam4 hinge on what they do not, it has assumed the differentiates between most people berachah of “Shehakol.” We see from pits with moisture, generally do this that the Halachah follows the which evidently with items in prevalent practice in our time. are the subject of this state. If most the Mishnah above, people discard Oranges for Your Orangutan? and pits without them, then they In light of the Chazon Ish’s ruling, are considered Rav Wosner was asked specifically to have lost their about the status of orange peels 2. Mishneh Torah Hilchos Shemittah V’yovel kedushah, but if 7:15. 3. Mishneh Torah Hilchos Shemittah V’yovel 5:21. 6. Such as the Ramban. 4. Mishneh Torah Hilchos Terumos 11:11. 5. Hilchos Shevi’is 14:10. 7. OC 202:41.

FOOD FOR THOUGHT | KOF-K | 29 during shemittah nowadays, since whether they are considered one kedushas shevi’is status. However, most people around the world do species. One cannot prove this to in a different teshuvah, Rav Shlomo not feed them to animals. Does be so from the fact that they were Zalman’s position on the status of that mean that even the minority obviously planted as one, not grafted orange peels is not so clear… who do use orange peels for animal as kilayim, since vinegar and wine feed would be free of a concern for are also planted together (both are Putting on the Squeeze kedushas shevi’is? Rav Wosner balked products of the grape), and still one In the other teshuvah, Rav Shlomo at this reasoning. He said that we see may not take terumah and ma’aser Zalman was asked10 whether it is from the Mishnah that if peels and from one for the other. However, permissible to squeeze shemittah pits have dyeing properties, they he continues, since one may take citrus fruits for their juice. What retain their kedushas shevi’is even terumah and ma’aser from the fruit/ is the potential problem with this? if we no longer utilize them for that vegetable for the peels and seeds,9 The Rambam rules that one may purpose. He therefore concludes which are completely different, the not alter the state of shemittah fruit, that if most agriculturists in Israel same should work in the opposite just as one may not alter the fruits still save orange peels for animal direction – taking from the peel for of terumah and maaser.11 He goes feed, even if most people in the rest the fruit. on to say that one may not make of the world do not, the peels still But are orange peels considered apple wine from terumah fruit, nor maintain their kedushas shevi’is. a food at all? Rav Shlomo Zalman honey from terumah dates. The only concludes that unlike grape and exceptions to this rule are grapes Are Fruit and Peel an olive peels, which are not usually and olives, which rise in status by Inseparable Pair? eaten once dried, orange peels are being squeezed into wine and oil.12 Rav Shlomo Zalman Auerbach8 definitely deemed a food, since the The basis of the Rambam’s ruling was asked whether one could take a dried form is sweet for the palate. is that fruit transformed into juice piece of the orange peel as terumah From this responsum, it would and ma’aser from the orange. His seem that Rav Shlomo Zalman reply was: The answer depends on would accord orange peels full 10. Minchas Shlomo Kama 46:2. 11. Mishneh Torah Hilchos Shemittah V’yovel 5:3. 8. Minchas Shlomo Tinyana 114:1 9. Maseches Eruvin 28a. 12. Mishneh Torah Hilchos Terumos 11:2.

30 | KOF-K | ROSH HASHANA 5775 (with the exception of wine and oil) mention them outright. We might loses its terumah status. Since one surmise that the Rambam, who can enjoy fruit juice only after the rules that fruit peels, pits, and shells fruit has been destroyed, it follows containing moisture retain their that one should not be allowed to kedushas shevi’is, would say the juice shemittah fruits. same regarding peels containing Ultimately, however, Rav Shlomo oils. In any event, since the oils are Zalman allows juicing citrus fruits. intended for human consumption, One reason he gives is that the and in today’s “green climate,” one Rambam states13 that the juice of the citrus industry boasts of not needn’t suspect shemittah fruit retains kedushas wasting any citrus components, citrus oil of unknown origin shevi’is; it does not forfeit its status but rather channeling them to as being Israeli. This concern as in the case of terumah. A second secondary purposes, it would is not limited to the shemittah reason is that since one may squeeze seem that citrus peels – and year, since Israeli produce is fruits with kedushah for their dyeing by extension, their oils – would always subject to terumah, properties even though it destroys indeed have kedushas shevi’is. maaser rishon, orlah etc. the fruit, all the more so should one This is especially so now, when it be allowed to do so when the juice is may even be that most citrus peels A label specifying “Israeli- intended for drinking. He therefore worldwide are utilized for their Type” citrus oil, does not concludes that the parallel drawn extracted oil. definitely indicate a problem, by the Rambam between terumah Earlier, we cited though it should make your and shemittah would not apply to the discussion of antennae go up. Citrus oils are fruits that people grow primarily for how the laws of classified by the geographical origin juicing, such as citrus fruits, because kedushas shevi’is a r e of the fruit, for instance Argentina, in that case, juicing is not considered affected by whether peels are Mexico, Brazil. This is not to be ruining the fruit. commonly used for animal feed. confused by classification such Today, there is an Israeli company as “Sweet,” “Bitter,” “Petitgrain,” Nevertheless, Rav Shlomo Zalman which is another specification. As warns not to discard what remains that actually manufactures animal feed pellets from citrus peels. Aside Israel is the primary source of the after the juicing, because these Shamouti, the famous Jaffa orange, remnants have kedushas shevi’is. He from Rav Wosner’s opinion that citrus peels have kedushas shevi’is, orange oil can be marketed under even backtracks from his conclusion the classification of “Israeli-type”, because of the concern that juicing we can cautiously assume that if the Chazon Ish were alive today, when even though the oranges weren’t will render the remains inedible actually grown in Israel. Needless to to humans. He does not mention citrus peels are widely utilized for oils and are converted commercially say, however, such oils require extra peels specifically in discussing scrutiny. this point; he could theoretically into animal feed, he too would agree. be referring to the pulp only. But He himself writes that the Halachah The neglect of Shemittah since he mentioned elsewhere that depends on prevalent trends, which obligations was one of the causes orange peels are edible, perhaps he presently certainly encourage using of our exile from Eretz Yisrael, and intended to include them in “what the citrus peels to their fullest. strict observance of its laws will remains of the fruit”. surely play a role in earning us our Read Your Labels! return to its welcoming shores. Oil of Orange When procuring citrus oils on the Read your labels, support the heroic open market (most kashrus certifiers Shemittah-observing farmers – and Regarding essential citrus oils consider them in the “Group One” hopefully, we will soon all enjoy from shemittah sources, none category – ingredients which do not a tall glass of kosher orange juice of these contemporary poskim need a hechsher), it is a good idea while sitting on our porches in the to check if it originates from Israel. Holy Land, with the rebuilt Beis

13. Mishneh Torah Hilchos Ma’achalos Asuros However, since Israel accounts for Hamikdash gleaming in the distance. 10:22. only .5% of global citrus supplies, May it be very soon!

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Any questions please call 4000 Oakwood Blvd 5100 NW 9th Avenue Hollywood, FL Fort Lauderdale, FL 888.675.6694 Rabbi Moishe Lebovits www. kerenhashviis.com Rabbinical Administrator KOF-K Kosher Supervision at 718-744-4360 • email: [email protected] 2014 BJ’s Wholesale Club, Inc. For half a century KOF-K places the words and rulings of its Beis Din above all else. he KOF-K was just a fledgling the Rav of Congregation Bnai Israel the field of kashrus and I wanted kosher supervision service – Ohev Zedek in Philadelphia and his advice and brachah,” remembers when its founder, Rabbi Dr. author of the multi-volume Rishumei Rabbi Senter. “He told me something TZecharia Senter, came to consult Ahron. very powerful: ‘If you give your with the Skverer Rebbe, Harav Dovid Rabbi Senter considers the hashgachah with ehrlichkeit and Twersky, shlita. Skverer Rebbe’s advice the with emuna, (with honesty and good “The Skverer Rebbe faith, I promise you that is a tremendous baal the Ribbono Shel Olam eitzah, so I went to him will reward your efforts to ask his advice about with success.’ We have a few things,” recalls run KOF-K by these Rabbi Senter. “I wanted standards ever since.” the responsibility for any psak Halachah The Halachic Process we arrived at, to be In the developing separated from the world of kashrus, business aspect of the questions are supervision service, constantly arising. They and I asked the Rebbe’s must be dealt with advice regarding hiring swiftly and efficiently, a consultant. but without sacrificing “He looked me in the accuracy. eye,” says Rabbi Senter, “When a shaila is “and said: ‘No. You need raised, the question is someone who will bear immediately brought full responsibility upon to Rabbi Ari Senter, his shoulders. He must director of Halachic have binding authority.” research, and together Rabbi Senter we research the Rabbi Dr. Zecharia Senter, CEO followed this advice to question,” explains a tee. Today, the final Rabbi Moshe Dovid arbiter in all Halachic questions is Lebovits, a KOF-K KOF-K’s beis din, currently comprised foundation of KOF-K’s driving Rabbinic administrator. “We have a of Harav Shlomo Gissinger, shlita, philosophy to this day. “We don’t ask database of KOF-K beis din decisions the Rav of Khal Zichron Yaakov in our rabbanim for advice and then from the past, which we review to Lakewood, Harav Shmuel Meir Katz, make our own decision. We present see if the issue was dealt with in the shlita, one of the senior poskim at them with the details of a shaila and past. Next, we check out what other Beis Medrash Govoha in Lakewood, whatever they decide, is binding. We kashrus organizations say about and Harav Moshe Chaim Kahan, adhere to that standard zealously; the matter. This material is written shlita, Rav of Khal William’s Street, the beis din’s word is our law. They up with footnotes and presented in Lakewood. All three are renowned are not advisors, they are decision to the beis din. They either meet for their encyclopedic knowledge of makers.” face-to-face in Lakewood or have the laws of kashrus and they meet At around the same time as the a teleconference. Our Rabbanim on a regular basis to discuss new audience with the Skverer Rebbe are constantly on call, because if developments. zt”l, Rabbi Senter paid a visit to a problem arises in a plant at four Until his untimely passing at the the Klausenberger Rebbe, Rabbi a.m., we may need a psak urgently.” age of 70 this past May, Rav Ahron Yekusiel Yehuda Halberstam, zy”a, Rabbi Ari Senter concurs: Felder, zt”l, a close talmid of Rav in Union City, NJ, and he too gave “There are pressing shailos that Moshe Feinstein, zt”l, also served Rabbi Senter invaluable advice. come at strange hours and need to on the beis din. Rav Felder was also “I told him that I was going into be answered right away. It is not

FOOD FOR THOUGHT | KOF-K | 35 unusual for us to start our mornings the sake of efficiency, we try to very early and keep working until anticipate the beis din’s questions late at night, but kashrus is a service and compile a list of queries for the to the klal, and you always have to manufacturer. Equipped with their be ready.” replies we present the full picture to Rabbi Senter adds that even if the beis din. Often, the beis din will a shaila appears in the database, then get back with a few questions the question may need to be of their own. We investigate the readdressed. “Even if you have a situation further, look at what the psak from 2008, you need to confirm other agencies are saying, if they that the process has not changed have dealt with it before, and present due to technological advances,” says our findings. Finally, the beis din Rabbi Senter. “If it has, we have to gives its psak.” start from scratch.” Rabbi Ari Senter In the case of the colostrum, the questions were presented and Communicating is Key milk? Second, assuming that it is the beis din ultimately ruled that Today’s world is rapidly changing, milk, in contrast to actual milk, it was acceptable, and KOF-K does and the food industry changes along there is no U.S. law stipulating currently certify it. with it. That’s why KOF-K makes sure that colostrum must come from a Knowing What to Ask to stay abreast of advancements and cow. This would do away with Rav upgrades in food sciences. Moshe Feinstein’s well-known heter Fifty years ago, when the first “We are always keeping up with for chalav stam, which relies on the kashrus certifiers came on the new ingredients, researching how power of government enforcement. scene, ingredients were simpler they’re made and on what kind of Because each cow produces so little and the processes used were more equipment,” explains Rabbi Pinchas colostrum – not more than about straightforward. Today, much of Juravel, who heads KOF-K’s flavors five pounds – companies gather the food industry is so intricate and chemicals department. “We try colostrum from many different that you need a food scientist just to be proactive; it’s very important farms, so a mashgiach can not in order to obtain a fundamental to be in the know.” be sent to one facility. Third, the understanding of the ingredients. Rabbi Juravel, who has been colostrum is broken down to an For this reason, KOF-K employs an involved in kashrus for 18 years, says almost-molecular level by adding in-house chemist, Rabbi Mordechai that in addition to scanning scientific synthetic rennet, which is also used Levin, who studied biology and journals and communicating with to make cheese. Does the addition of chemistry at Colorado University other kashrus agencies, the KOF-K rennet render the colostrum cheese, and subsequently received his has a food scientist on staff – Rabbi and is it then required to be gevinas semichah in Montreal from Harav Mordechai Levin – and maintains yisrael?” Mordechai Weinberg zt”l. Rabbi contacts at nearby Rutgers Rabbi Juravel adds that when an Levin, a member of the Institute University. actual inspection was carried out, of Food Technologists, stays up-to- date by reading through industry “A recent example of a complex streaks of blood were observed on periodicals and following recent shaila that we have been dealing the pail, which raised the question industry developments. with is the process of certifying of the blood’s origin. If it came from colostrum,” says Rabbi Juravel, within the animal, one could posit “Knowledge of chemistry enables referring to the easy-to-digest, that it would not be as much of a me to know what kind of questions milk-like liquid that newborns – problem as if the blood was a result to ask, and whom to ask those both human and animal – are fed of the birthing process. questions,” explains Rabbi Levin. immediately following birth. “There “In this particular case I did the “You don’t ask a salesperson your are many aspects to this issue. initial inspection, and Rabbi Levin questions; you need to find someone First, if the colostrum is coming handled the compilation of the in quality control who has the from an animal, is it considered shailos,” says Rabbi Juravel. “For technical knowhow to understand what you’re looking for.”

36 | KOF-K | ROSH HASHANA 5775 Years ago in Montreal, Rabbi L-R: Rabbi Pinchas Juravel, Levin recalls, reports Rabbi Zecharia Senter, Rabbi Yosef Szachtel surfaced that a major Canadian beer company was using ox blood as an ingredient. “At the time, I called up the quality control people at the company and asked them about their beer processing. The man there told me, ‘Rabbi, this is all kosher. Another rabbi came and asked me for my ingredients; they’re all vegetable “To produce industrially thrown around. products.’ manufactured grape seed extract, grape seeds are gathered from Staying Connected “I knew that to filter beer, just wineries and pressing operations all as you do for apple juice, you need The world today is a smaller, over, especially Italy and France,” he more connected place. News a fining agent. Pure apple juice is explains. “There are varying views, cloudy, so a fining agent is used to travels instantly, and limitations but most of the kashrus certifiers and connectivity have been erased, clear it up. At one time, a popularly have adopted the opinion that used agent was isinglass – from the allowing family, friends, and co- immediate exposure of the seed to workers to connect in real time gall bladder of a sturgeon. (Though the grape juice, renders the seed not as popular today in the US, it is around the world. This greater yayin nesech, or at least yayin stam. interconnectivity has facilitated still occasionally used.) The isinglass Since the seed absorbs liquid like a was placed in a vat, where it caused advances in the world of kashrus as sponge, once it has been exposed, it well. a reaction that bound all the pectins cannot be used unless it dried out When kashrus organizations together and brought them to the for a year or was thoroughly washed. certify a product, the producer bottom so that they could be filtered This is the type of intricate problem will often use ingredients that are out. we present to our beis din, and they certified by other kashrus agencies. “When I asked the man from ultimately rule how we should deal In the past, the company would the beer company about his fining with these issues.” have to present the physical letter agent, he answered me, ‘The fining of kashrus certification to the agent? That’s not an ingredient, When it comes to complex mashgiach before obtaining approval that’s a processing agent. Sure, I use processes, Rabbis Juravel and Levin for use of the outside ingredient. The animal fats.’ organize the information their research has produced and present problem with a paper is that it is “That’s why it’s critical to know it to the beis din. “We take that vulnerable to error; the ingredient what to ask, whom to ask, and how matrix from the engineering and may have even lost certification by to ask,” says Rabbi Levin. processing, translate the technical the time the hashgachah certificate In his field of expertise, detailed terms into Halachic terminology, is being produced. and nuanced shailos often come and explain it from a Halachic For this reason the KOF-K up that need to be properly perspective,” says Rabbi Levin, banded together with a host of communicated to the members of adding that the members of the other national kashrus agencies the beis din. Consider the following beis din themselves have quite an to create the UKD, the Universal example: acute knowledge of the terms being Kashrus Database. The UKD allows

FOOD FOR THOUGHT | KOF-K | 37 kashrus agencies to list ingredients, Advancing Standards Rabbi Levin adds that assigning each ingredient a code circumstances in the world of which accesses non-proprietary When Rabbi Zecharia Senter kashrus have greatly changed since information about the said product, thinks back to his early days in those days. With an educated including its current kashrus status. kashrus, he remembers how so market, as well as advance technical many kosher consumers would know-how and capabilities, the A few years back, KOF-K went “self-certify” a product and deem standards of the kashrus industry as a step further and introduced the it kosher by reading through the a whole have risen greatly in recent revolutionary ikosher system. This hi- ingredients. On motzaei Pesach, it decades. tech system provides Kof-K certified was not uncommon for people to buy “In the early years, for the most companies with access to their own fresh Italian bread from bakeries, on part, rabbis had to go knocking on online accounts, where they can the assumption that if Italian bread doors pleading to be allowed in,” view a comprehensive database of contained only a minimal number of he explains. “Companies just didn’t ingredients and suppliers. Recently, ingredients, all of them kosher, what understand why this rabbi was says Rabbinic administrator Rabbi could be wrong with it? asking all these questions. Once Avrohom Ossey, KOF-K revamped “People thought that Italian they did get in, as long as there its ikosher system, rolling out an bread was innocuous; it’s only flour, wasn’t a little chazer running around updated ikosher V 2.0. water, and salt,” says Rabbi Senter. the plant, it was deemed acceptable. “My cousin asked me to find out “We basically rebuilt the client or There was also an effort to find kulos about a certain Italian bread bakery office interface,” says Rabbi Ossey. and heterim in order to make kosher in the Bronx. I called and asked “Each time a company decides to food more widely available. them about their ingredients. The reformulate their product or change “The rules have changed owner knew what I was getting at their process in some other way, drastically. Companies want kosher right away and he told me, ‘Rabbi, the information must be stored supervision and the kosher agencies our bread is not kosher. We use this somewhere. All of this used to be on have a deeper knowledge of food oven to bake an Italian biscuit made paper. Today, ikosher is our interface science. Today they’re not looking with lard.’ for the gathering of this information. for leniencies anymore either, it’s all It’s obviously much more efficient. “That was then. Today? Today straight Shulchan Aruch. We are now able to report and share you practically have to have a PhD in “The world of kashrus has changed information with an immediacy that chemical engineering to figure out drastically in the last 30 years, and it was unheard of just a few years ago.” what the list of ingredients means.” has been for the better.”

L-R: Rabbi Ari Senter, Rabbi Moshe Reich, Rabbi Noam Goldberg, Rabbi Yehuda Rosenbaum, Rabbi Mordechai Levin, Rabbi Avrohom Ossey, Rabbi Pinchas Juravel

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