Hesech Daas – Nimlach: Decided to stop eating and then changed his mind [1]
The concept of Nimlach, also referred to as Hesech Hadas or Siluk, applies when a person has mentally removed himself from further eating or drinking and later changes his mind and wishes to continue. In the Poskim, the laws of Nimlach and Hesech Hadas are discussed primarily regarding a Hamotzi meal, where there are a variety of opinions and case-specific details. However, there is also a very practical and straightforward application of this law regarding non-Hamotzi foods and beverages, and that will be the focus of this Halacha. The laws of Nimlach during a Hamotzi meal will be discussed in a future lesson IY”H. Now, this halacha comes up regularly in everyday life: while snacking, during a coffee break, while eating fruit, cake, nuts, or candy, or even while drinking juice or soda. A person may decide that he is done, push the food away, close the package, or mentally move on to something else—only a few minutes later to reconsider and want another bite or sip. For example, someone is eating potato chips while learning or working. He feels satisfied, closes the bag, and places it on the table. A few minutes later, he decides he wants more. Or someone finishes a cup of iced coffee, assumes she is done drinking, and then later decides she would like a few more sips from the bottle still nearby. Another common example is a child or adult snacking on grapes, nuts, or cookies, deciding “I’m done,” and then shortly later changing his mind. In all these cases, the question arises: does resuming the eating require a new bracha? This is exactly where the laws of Hesech Hadas become highly relevant. Since these situations happen so often, it is important to know the practical rules clearly.
The Rules of Nimlach by non-Hamotzi foods:[2]
One who recites a blessing on any non-Hamotzi food or beverage, and eats some of the food and then decides to no longer continue eating or drinking, is required to repeat the before blessing if he changes his mind and now redecides to continue eating or drinking.[3] [This applies even if one stablished a meal on the food, and it is a satiating food such as meat or Mezonos, so long as the food is not Hamotzi.[4] This applies even to wine, and fruits of the Zayin Minim.[5] This applies even if he has yet to say an after blessing after the food or beverage, nonetheless, he is required to repeat the before blessing. After he finishes eating or drinking, he is to then recite a single after blessing for all the foods and beverages. He is not to recite an after blessing prior to saying a new blessing on the continued eating or drinking, as doing so causes an unnecessary after blessing to be said after the second eating and drinking.[6]]
The law by a guest or family member:[7] In the event that a guest or family member that is participating in a meal with a host decides in his mind to no longer continue eating, then so long as the host is still eating, he may likewise continue eating and drinking without repeating the before blessing. If, however, he explicitly had in mind to not continue eating or drinking even if the host decides to continue eating, then he must repeat the before blessing if he redecides to continue eating or drinking.
Person stated “Lets recite an after blessing”:[8] In the event that the person made the statement “Lets recite an after blessing” then he is required to repeat the before blessing if he decides to continue eating even if he did not explicitly have in mind to not eat anymore as this statement is synonymous with Hesech Hadas.
Host stated to his family or guests “Lets recite an after blessing”:[9] In the event that the host of a meal made the statement “Lets recite an after blessing” without protest from any of the participants, then all the meal participants are prohibited from continuing eating without a blessing, even if they did not explicitly have in mind to not eat anymore at the time that the host made the statement, as this statement of thus is synonymous with Hesech Hadas that is binding on all the meal participants. In the event that they do decide to re-continue eating, then a before blessing must repeated. If, however, one of the meal participants, whether a guest or a household member, made protest to the statement then they may continue eating and drinking without a bracha.
Meal participant said to host “Lets recite an after blessing”:[10] If one of the guests or family members said “Lets recite an after blessing” [then if the host did not consent to his statement, such as if the host himself continued eating or drinking[11], or told the individual that he may continue eating[12], or simply negated his statement] then even the guest himself who made the statement may continue eating without a blessing, as this decision is not dependent on him.[13] [If however the host consented to the statement of the individual, such as he discontinued eating or drinking, or he expressed himself saying I agree, then they may not continue eating or drinking without repeating the before blessing.] Likewise [even if the host did not consent to end the eating], if this individual who made the statement had in mind explicitly to stop eating or drinking, regardless of the host’s opinion, then it is considered Hesech Hadaas and he must say a blessing prior to resuming to drink or eat any more food.[14]
Summary
- If one decides to stop eating a non-Hamotzi food and later changes his mind, a new before blessing must be recited before continuing.
- The same law applies to beverages.
- This is true even if no after blessing was yet recited.
- Saying “Let’s recite an after blessing” is considered an expression of Hesech Hadas.
- A guest who mentally decided to stop may continue eating without a new blessing if the host is still eating, unless he explicitly decided to stop regardless of the host.
- If the host says, “Let’s recite an after blessing,” and no one protests, all participants must recite a new blessing before resuming.
- If a guest says such a statement but the host does not accept it, the guest may generally continue without a new blessing unless he personally had explicit intent to stop regardless.
Practical Examples
- Moshe and the bag of pretzels
Moshe is learning at the dining room table and eating pretzels. After a few handfuls, he thinks to himself, “I’m done,” closes the bag, and puts it down. Five minutes later, he decides he wants more pretzels.
Law: Since Moshe had decided to stop eating, this is Hesech Hadas, and he must recite a new bracha before continuing.
- Aaron drinking orange juice
Aaron poured himself a cup of orange juice, drank most of it, and decided he was finished drinking. He put the cup aside, but a few minutes later felt thirsty again and wanted to finish what remained.
Law: Since he had decided he was done drinking, if he now resumes, he must make a new before blessing.
- Mushky eating cake at her mother’s table
Mushky is eating cake at her mother’s table. She decides she is finished, but her mother, the hostess, is still serving and eating. A few minutes later Mushky decides she wants another slice.
Law: Since the host is still eating, Mushky may continue eating without a new bracha, unless Mushky had explicitly intended that she was finished regardless of what her mother continued to do.
- Sarah says, “Let’s bentch acharona”
Sarah is sitting with friends eating fruit and drinking juice. She says, “Let’s make an after blessing.” A few minutes later, she changes her mind and wants more fruit.
Law: Her statement is considered Hesech Hadas, and she must recite a new before blessing before eating more.
- The host says, “Let’s say an after blessing”
Aaron is hosting Moshe and Sarah for refreshments. Everyone is eating cookies and fruit. Aaron says, “Let’s recite an after blessing.” No one objects. A few moments later, Moshe wants another cookie.
Law: Since the host ended the eating session and no one protested, all are considered to have accepted the end of the session. Moshe must recite a new before blessing before eating more.
- A participant objects to the host
Mushky is eating melon at Sarah’s home. Sarah says, “Let’s recite an after blessing.” Mushky immediately responds, “I’m not done yet.”
Law: Since Mushky protested, she may continue eating without a new bracha.
- A guest says, “Let’s recite an after blessing,” but the host keeps eating
Moshe is eating with Aaron. Moshe says, “Let’s recite an after blessing.” Aaron ignores the comment and keeps eating. A minute later Moshe also decides to continue eating.
Law: Since the host did not agree to end the eating, Moshe may continue eating without a new blessing, unless Moshe himself had firmly decided that he was done regardless of Aaron.
- Sarah explicitly decides she is done no matter what
Sarah is eating grapes at a gathering. Although others are still eating, she clearly decides in her mind that she is finished and will not eat any more. A few minutes later she changes her mind.
Law: Since Sarah’s own intent was final and independent of the others, this is Hesech Hadas, and she must make a new bracha before continuing.
Practical Table
| Scenario | Is it considered Hesech Hadas? | Must a new before blessing be recited before continuing? |
| A person eating non-Hamotzi food decides he is done, then changes his mind | Yes | Yes |
| A person drinking a beverage decides he is done, then changes his mind | Yes | Yes |
| He has not yet said an after blessing, but had decided to stop | Yes | Yes |
| A guest decided to stop, but the host is still eating | Generally no | No |
| A guest explicitly decided he is done regardless of the host | Yes | Yes |
| A person says, “Let’s recite an after blessing” | Yes | Yes |
| The host says, “Let’s recite an after blessing,” and no one objects | Yes, for all participants | Yes |
| The host says, “Let’s recite an after blessing,” but a participant objects | Not for the one who objected | No |
| A guest says, “Let’s recite an after blessing,” but the host does not agree and keeps eating | Not necessarily | No |
| A guest says, “Let’s recite an after blessing,” and the host agrees | Yes | Yes |
[1] See Seder Birchas Hanehin 5:1-9; Luach Birchas Hanehnin 7:1-9; Admur 179:1-7; Michaber 179:1-5; Rambam Brachos 4:1; Brachos 42a; M”B 179:1-17; Birchas Habayis Shaar 22:1-12; Kaf Hachaim 179:1-20; Ketzos Hashulchan 42:1-9; 56:8-10 ; Piskeiy Teshuvos 179:1-9; Vezos Habracha 20 pp. 189-191
[2] Seder 5:1; Luach 7:1; Even Haozer 179; Michaber 169:3 and Chulin 107b [regarding wine of Shamash]; Birchas Habayis 22:5; M”B 179:3 regarding drinks; Biur Halacha 179:1 “Afilu” in name of Admur ibid that so applies even regarding food; Ketzos Hashulchan 42:9; 56:9-10; Vezos Habracha 20 pp. 189; See Piskeiy Teshuvos 179:6-7; So rule all the following Poskim regarding Nimlach by a drink in middle of a meal: Seder 5:3; Luach 7:3; Admur 179:2; Rabbeinu Yona Brachos 30a; Raavad Brachos 4:7; Ran Chulin 29a
Other opinions: See Piskeiy Teshuvos 179:7 footnote 38 in name of Vezos Habracha 20:6 in name of Rav Elyashiv that in today’s times we no longer have a concept of Hesech Hadas being that people constantly change their minds
[3] The reason: As the debate in the Rishonim, which is recorded in the Poskim [see Michaber 179:1 and Seder 5:1 and 3], is only regarding a bread meal, and not by foods of other blessings. [See Seder ibid]
[4] Implication of Seder and all Poskim ibid who do not differentiate in this matter, and so is implied from wording of Seder “Bechol Makom Chutz Mibeseuda” and it is clear that the intent of a Seuda is only with bread; Implication of Birchas Habayis ibid who writes “if he did not eat bread, but rather fruits or other foods” and so he explicitly explains in footnote 6 that the matter is dependent on Birchas Hamazon, as only during a meal which receives the after blessing of Birchas Hamazon do some Poskim rule that it is not considered Hesech Hadas until he washes Mayim Achronim or actually makes a statement. This negates the understanding of Piskeiy Teshuvos 179:6 who learns even in Admur that it is dependent on whether one is eating a snack or meal and not on the blessing of Hamotzi.
Other opinions: Some Poskim rule that the above rule was only said regarding one who eats a snack. However, satiating foods which one is eating as a meal has the same status as bread, and hence if one set a meal on a satiating food even if it is not bread and decided to no longer eat, then it is subject to the debate in the Rishonim regarding bread in which some Poskim rule that one may nevertheless continue eating without a blessing, and practically we conclude not to repeat the before blessing due to Safek Brachos Lihakel. [P”M 179 M”Z 2; Biur Halacha 179:1 “Im Ratazah” in name of P”M ibid; Kaf Hachaim 179:9; Piskeiy Teshuvos 179:6 that so applies even according to Admur!] The reason for this is because according to Rabbeinu Yona, it is common for one to disregard his decision to discontinue eating by all meals, even if it is not a Hamotzi meal. [Piskeiy Teshuvos ibid footnote] However, see Birchas Habayis ibid footnote 6 in which this is negated!
[5] Setimas Kol Haposkim; Poskim ibid in previous footnote
Other opinions: Some Poskim rule that by all Meiyn Gimel foods, including Mezonos, wine, and fruits of the Zayin Minim, since we are stringent to require the after blessing to be recited in their eating location, as explained in Chapter 20 Halacha 2A, therefore Hesech Hadas does not require a new blessing to be repeated if one decides to re-eat. [Ben Ish Chaiy Behalosecha 3; Chesed Lealafim 178:1; Kaf Hachaim 178:34]
[6] Michaber 169:3; Birchas Habayis Shaar 22:11
[7] Ketzos Hashulchan 56 footnote 16 based on Seder 5:7 that the guest does not truly have in mind to stop eating without the consent of the host, unless he explicitly intends to stop eating despite the host, in which case this is considered complete Hesech Hadas and is even a greater Hesech Hadas then one who suggested to the host “let us recite and after blessing”, however he concludes with Tzaruch Iyun from M”A
[8] Beis Yosef 179 [regarding wine]; M”B 179:4 [regarding wine]; Ketzos Hashulchan 56:10 and footnote 14 that so is proven from the law of drinks in middle of a meal, and that this likewise applies to fruits and all other foods; So rule regarding a drink in middle of a meal if one said “Let us Bentch”: Seder 5:3; Luach 7:3; Admur 179:2; Michaber 179:1; Rambam Brachos 4:8; Pesachim 103b; Chulin 86b; Rif Pesachin 21a; Rashi Chulin ibid; Tosafus Chulin ibid;
[9] Ketzos Hashulchan 56:10 So rule regarding a drink in middle of a meal if the host said “Let us Bentch”: Seder 5:7; Luach 7:7; Admur 179:6; Michaber 179:2; Tosafus Brachos 42a; Mordechai Brachos Remez 140; Ketzos Hashulchan 42:8
[10] Ketzos Hashulchan 56:10 So rule regarding a drink in middle of a meal if a guest said “Let us Bentch”: Seder 5:7; Admur 179:6; Michaber 179:2; Ketzos Hashulchan 42:8
[11] Ketzos Hashulchan 56 footnote 15 in implication of wording “Im Baal habayis” brought in Seder 5:7, M”A 179:3, and Tosafus Brachos 42 which implies that only if the host will continue eating, may everyone else continue eating
Other opinions: Some Poskim rule that even if the host discontinued eating after the statement of his guests or family member, nonetheless, so long as he did not give verbal consent to the statement, everyone including that guest may continue eating and drinking without repeating the before blessing. [Biur Halacha 179]
[12] P”M 179 A”A 3; Ketzos Hashulchan 56 footnote 15
[13] The reason: As he himself knows that the host must agree for him to decide to end the meal
[14] M”A 179:3; Ketzos Hashulchan 56:10 footnote 16; Omitted from Seder and Admur ibid [See Ketzos Hashulchan ibid that this statement applies even according to Admur despite its omission from the text in both Seder and SHU”A, as it is explicitly implied from the reason of Admur that if he does not depend his stopping on the hosts decision, then it is a complete Hesech Hadas]