We have been asked regarding the Halacha we have published last week discussing legumes, such as chick peas and the like, which were roasted by a non-Jew which we have explained are not included in the prohibition of foods cooked by a non-Jew. Does this apply equally to legumes cooked by a non-Jew, for instance, with regards to canned legumes (such as chick peas, beans, and corn) which are quite common nowadays or does this indeed constitute the prohibition of foods cooked by a non-Jew?
Regarding roasted legumes, we have explained that the reason for leniency is based on the words of Maran Ha’Bet Yosef (Chapter 113) who writes that according to the Rambam, the prohibition of foods cooked by a non-Jew does not apply to roasted chick peas, for this is indeed considered a simple dish “as one does not invite over a guest just in order to feed him roasted nuts.”
Regarding cooked legumes, it would seem that they should indeed be included in the prohibition of foods cooked by a non-Jew, for cooked legumes are surely considered an “important dish” and there is no room for leniency when they are cooked by a non-Jew. Indeed the Rambam writes clearly (Chapter 17 of Hilchot Ma’achalot Assurot, Halacha 18): “Beans, chick peas, and the like which non-Jews cook and then sell are forbidden based on the edict of foods cooked by a non-Jew.”
Maran Harav Ovadia Yosef Shlit”a writes in his Responsa Yabia Omer, Volume 10, Yoreh De’ah, Chapter 8, that this is indeed the opinion of Hagaon Harav Abdullah Somech zt”l in his Sefer Zivchei Tzedek. Many other great Poskim rule likewise as well.
Nevertheless, he writes that, halachically speaking, those who are lenient in this regard indeed have on what to rely, for the Maharitatz (Rabbeinu Yom Tov Tzahalon) writes that any food cooked by non-Jews and is meant for commercial sale all over the world, such as foods sold in cans and the like, is not included in the prohibition of foods cooked by a non-Jew. This is because the consumer does not know who the non-Jew who has cooked this food is and there is no concern for mingling and intermarriage and the like; the prohibition does thus not apply here.
Although the Halacha does not follow the opinion of the Maharitatz as Maran Ha’Chida writes that “we have never heard of such a leniency regarding foods cooked by a non-Jew,” nevertheless, when there is an additional reason for leniency present, such as with regards to the law of cooked legumes where several Poskim rule leniently even regarding canned cooked legumes for they are not fit to be served on a king’s table and other reasons, we may indeed rely on the Maharitatz’s opinion regarding our question.
Thus, halachically speaking, there is room for leniency regarding canned cooked legumes and although they have been cooked by non-Jews, they are not prohibited for consumption.
