Question: We have written in the past regarding a restaurant where a Jew ignites the flame in the morning that although a non-Jewish cook places the foods on the fire, it is nevertheless permissible to eat in such restaurants and this does not constitute a prohibition of foods cooked by a non-Jew. Recently though, someone has told me that Maran Rabbeinu Ovadia Yosef zt”l once discussed this issue in his weekly Halacha address and said that Kashrut organizations who give a Kashrut certificate to restaurants where a non-Jew places the food on the fire have done so in opposition of the view of Maran Ha’Shulchan Aruch. The question is: What is the proper way to act regarding this issue?
Answer: Although we have discussed this topic in the past, let us briefly review the primary aspects of this Halacha.
The Prohibition of Food Cooked by a Non-Jew
As we all know, our Sages prohibited eating a food that was cooked by a non-Jew. The Rishonim disagree regarding a situation where a Jew ignites the fire but a non-Jew places the food on the fire. Is it considered that the Jew has cooked this food since he has ignited the flame or is it necessary for the Jew to place the food on the fire as well?
The basis for this disagreement lies in the understanding of the Gemara (Avodah Zara 38a) but we shall not delve into the explanation of this disagreement.
The Opinions of Maran and the Rama
As we have previously written, Maran Ha’Shulchan Aruch (Yoreh De’ah, Chapter 113, Section 7) rules stringently on this matter. According to the Rama on the other hand, as long as a Jew ignites the fire, the prohibition of foods cooked by a non-Jew no longer applies. This means that according to Maran Ha’Shulchan Aruch, whose rulings were accepted by Sephardic Jewry, there is no room for leniency unless a Jew has placed the food on the fire himself.
The Reason Why Some Kashrut Organizations Do Not Follow Maran’s Ruling
Because certain Kashrut organizations, such as the Chief Rabbinate of Israel or the Badatz Eidah Ha’Charedit, do not necessarily implement the stringent ruling of Maran Ha’Shulchan Aruch regarding this matter, they do not require a Jew to place the food on the fire. It is therefore sufficient for their standards when a Jew ignites the flame in the morning. Nevertheless, the custom among Sephardic Jews is to require a Jew to actually place the food on the fire.
When Maran zt”l exclaimed in his lecture that the Badatz Eidah Ha’Charedit acted improperly, what he meant to say was that because this Kashrut organization presents themselves a being very meticulous and with the strictest Kashrut standards, they should have acted stringently regarding the laws of foods cooked by a non-Jew in accordance with the ruling of Maran Ha’Shulchan Aruch as well. However, after Maran zt”l brought this matter to their attention, even the Badatz Eidah Ha’Charedit has begun to act stringently in accordance with the view of Maran Ha’Shulchan Aruch, as Maran zt”l has stated himself.
The Letter of the Law
Halachically speaking though, the Halacha follows what we have written that those who act leniently and eat in restaurants or hotels that follow the ruling of the Rama indeed have on whom to rely.
The basis for this leniency is because according to some Poskim, the prohibition of foods cooked by a non-Jew applies only in a non-Jew’s home or establishment. However, if the home or establishment belongs to a Jew, there is no prohibition to eat foods that a non-Jew cooked there. This is because the underlying reason for the prohibition to eat foods cooked by a non-Jew is either because we are concerned that that the non-Jew will place non-Kosher ingredients in the food or because we are concerned that this may eventually lead to intermarriage among Jews and non-Jews. However, when everything is being done in the Jew’s home, there is no cause for concern.
Although the Halacha does not follow this opinion and the prohibition of foods cooked by a non-Jew applies even when the cooking is being done in the Jew’s home, nevertheless, when these two aspects are combined, i.e. a Jew ignites the fire and when the non-Jew places the food on the fire, this is being done in a Jewish-owned establishment where the non-Jew is a worker, there is room for leniency to eat the foods cooked by the non-Jew in this scenario (see Halichot Olam, Volume 7, page 120 and Responsa Yechave Da’at, Volume 5, Chapter 54).
However, regarding a non-Jewish establishment (such as some restaurants in the United States and other places outside of Israel which are owned by non-Jews but have Kashrut supervision), Sephardic Jews may not eat in such (Kosher) non-Jewish-owned restaurants even if a Jew has ignited the flame in the morning, for according to Maran Ha’Shulchan Aruch, the prohibition of foods cooked by a non-Jew applies here. There is only room for leniency in this regard even according to Maran Ha’Shulchan Aruch in a Jewish-owned establishment, as we have explained. (Alternatively, if the Sephardic Jew can ascertain that the entire cooking will be performed by a Jew, such as the Mashgiach, it will likewise be permissible for him to eat the food from such a Kosher, non-Jewish owned restaurant.)
Summary: There is a halachic basis for those (even Sephardic Jews) who are lenient to eat in a Jewish-owned establishment where a Jew ignites the flame in the morning after which the food is placed on the fire by a non-Jewish worker. One who acts stringently though is especially praiseworthy.
We should point out though that unfortunately, there are many precious Jews in the Diaspora who are not the most Mitzvah-observant but they keep kosher at home while allowing themselves to dine out in non-kosher restaurants as long as they are not served meat. Clearly, such people transgress grave prohibitions of consuming forbidden foods; besides for transgressing the prohibition of food cooked by non-Jews, they transgress other prohibitions, such as eating worms and other insects, eating dairy foods mixed with meat, and many other prohibitions, all due to a lack of awareness. They should therefore be advised to only eat in a truly kosher facility under a reliable Kashrut organization’s supervision.
