From the Ravs Desk: Latest articles and Q&A [Friday 7th Menachem Av 5785]

Yes, anyone who feels uncomfortable due to dirtiness and sweat on Shabbos out of Tisha b’Av, may take a cold shower prior to sunset.

Question:

Dear Rabbi I have a bit of an urgent question regarding my dinner. I asked my daughter to fry me eggs in a dairy frying pan that just went through the dishwasher. It hadn’t been used for milk in over 24 hours. While cooking,  I noticed that she accidentally used a meat spatula to mix the eggs in the pan. The meat spatula also has not been used in the past 24 hours. What are the kosher implications of this situation? May I eat the eggs? Must I Kasher or throw out the frying pan and spatula?

Answer:

Based on the variables of your scenario, everything is permitted. To elaborate: If both the spatula and pan had not been used for hot meat or dairy within the last 24 hours, and you did not fry any Charif foods in the frying pan, then the food and utensils remain permitted. If either had been used within 24 hours, or there is a sharp ingredient within the food, such as fried onions, then it is possible for both the utensil and or the food to become prohibited. Now, since you state that neither the spatula nor frying pan were used with hot meat or dairy in the past 24 hours, and you did not have any sharp ingredients in the food, therefore, everything remains okay.

Explanation:

The classic rule in the laws of meat and milk mixtures, is that a mixture can only become prohibited due to absorbance of meat and milk taste if the taste is fresh. Now, when a vessel or utensil has passed 24 hours since its last absorbance of meat or dairy taste, then it loses its freshness, and its taste is considered spoiled. Practically, what this means is that a power food that was cooked using a non-24-hour both meat and dairy utensil such as in the above case, remains permitted. Meaning, everything remains permitted as there is no fresh and problematic meat or milk taste that has transferred to any item. Now, while initially certainly this should not be done and one should only use dairy utensils when cooking in dairy cookware, nonetheless after the fact, the law remains as above. This however is only if the variables are that there was no sharp ingredient in the dairy cookware. However, if for instance the individual fried onions and garlic and only then put in the eggs, and used the meat spatula to mix it, then in all likelihood everything becomes forbidden being that a sharp food has ability to enhance the “spoiled” taste that is found in a vessel. If no sharp foods were involved but one or both of the vessels were within 24 hours of use of hot meat or milk, then the variables change, and being that this is not the case of the questioner, we will not address this here.

Sources: See Rama Y.D. 94:5; 95:3; Shach 94:17-20; Taz 95:8; Peri Chadash 94:15-19; Lechem Hapanim 94:17-19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51; Michaber 95:3; Peri Chadash 94:14; Kaf Hachaim 94:49-56; Hakashrus 10:117

Is an item removed from a dishwasher considered Ben Yomo

Question:

Is an item that has just been removed from a dishwasher considered “Ben Yomo”—that is, has it retained its status as having been used within the past 24 hours for hot meat or dairy? In other words, does washing a utensil in a dishwasher affect whether it is regarded as still within the 24-hour window of its last use with hot food for purposes of kosher law? I would like clarification on the status of such an item. The practical ramifications of this would be in a case that I accidentally used this item within 24 hours of its washing in a dishwasher, with an opposite food, such as if I used a dairy metal spoon which was in the dishwasher within 24 hours to mix a small amount of chicken soup in a hot pot?

Answer:

For all intents and purposes, you can consider the utensil as not Ben Yomo so long as 24 hours has passed since its last hot use of meat or dairy. The fact that it is being washed in hot water in the dishwasher which contains remnant of meat or dairy does not consider it Ben Yomo.

Explanation:

A utensil becomes Ben Yomo in the event that it was used with hot meat or hot dairy within 24 hours. Now, the question is raised whether a dishwasher causes the utensils which are washed inside to be considered Ben Yomo, being that the utensils are washed with hot water together with many other utensils which almost for certain contain leftover meat or dairy. Hence, perhaps we should consider it as if one has literally cooked meat or dairy within the utensils that are in the dishwasher and hence when everyone uses a dishwasher to wash meat or dairy utensils that have remnant of meat or dairy, then the 24 hours for the Ben Yomo calculation restart. However, in truth there are several arguments that can be voiced to negate this worry. Including, the fact that it is possible that the dishwasher is defined as merely Iruiy Keli Rishon which does not have the ability to enter taste of the food into the vessel. A further argument that can be voiced is the fact that soap detergent was used in the dishwasher, hence in essence classifying all of the remnant food inside as spoiled. A further argument is that perhaps the hot water in the dishwasher contains a total of 60 times versus the food remnant, hence deeming it nullified and unable to transfer taste to any of the utensils inside. Now, while we can find authorities who are stringent in all of the above variables, claiming that soap does not have the ability to spoil the food taste, and that even pouring from a Keli Rishon has ability to transfer taste into a utensil, and that perhaps there is not 60 times in the water, nonetheless at the end of the day it at least adds up to a question and doubt as to its status. Now, the rule is that a regular vessel was assumed to be not Ben Yomo. The reason for this is because there is a double doubt involved, known as a Sfek Sfeika in Talmudic jargon. The double doubt is as follows: Perhaps it was not use within the past 24 hours, and even if it was, perhaps it was used for a food that will give a spoiled taste to the current food. Accordingly, we can use this same line of reasoning of Sfek Sfeika to consider the utensil which came out of the dishwasher as not Ben Yomo, as here too we have a double doubt, perhaps going through a dishwasher does not consider it Ben Yomo, and even if it does, perhaps it was used for a food that will add a spoiled taste to the opposite food. Due to all this, it is clear in my opinion that we do not consider utensils that have left a dishwasher as Ben Yomo, so long as 24 hours have passed from their actual last use of hot meat or milk.

Sources: See regarding Stam Keilim not Ben Yomo: Michaber Y.D. 122:6; Shach 122:4; See regarding soap: Michaber 95:4; Chacham Tzevi 101; Tzemach Tzedek [Kadmon] 91; Peri Toar 95:6; Beis David Y.D. 41; Kneses Hagedola 95:46 in name of Lechem Chamudos and Damesek Eliezer that so is custom in many places; Birkeiy Yosef 95 Shiyurei Bracha 4 that we follow Michaber the Posek Hador and that many Poskim agree with him and that so is the custom; Birkeiy Yosef 107:10; Erech Hashulchan 107:1; Kehilas Yehuda 107; Eidus Behosef Samon 42; Ikarei Hadaat Y.D. 11:21; Chochmas Adam 48:15; Aruch Hashulchan 87:33; 95:24; Zivcheiy Tzedek 95:38 that so is custom in Iraq and no one has ever protested this; Ben Ish Chaiy Bechukosaiy 12; Kaf Hachaim 95:56; See regarding Heter of Iruiy Klei Rishon: Rama 95:3 Shach 95:20; Kneses Hagedola 95:53; Minchas Yaakov 57:23; Peri Chadash 95:17; Kreisi 95:11; Lechem Hapanim 95:22; Chavas Daas 95:19; P”M 97 S.D. 20; Kaf Hachaim 95:47 and 52See in great length Igros Moshe Y.D. 2:42 for a defense of the custom to use the same sink for washing meat and then washing dairy dishes [separately] and a Halachic analysis on the power of pouring from a  Keli Rishon. This response of Rav Moshe was to the prohibiting ruling of Rav Halbershtam who understood that based on the rule of Iruiy Keli Rishon, one may not wash dishes in the same sink; See Yabia Omer 5:33 See in general regarding the status of dishwashers: See Hakashrus 1:71-77; Hakashrus Behalacha p. 141; Article of Rav Yisrael Rozen of Tzomet published in Techumin 11:130; Igros Moshe O.C. 1:104; Y.D. 2:28-29; Y.D. 3:10-11, 13; O.C. 3:58; Beir Moshe 7 Kuntrus Elektri 60

Eating or drinking Shiurim on Tishe Beav

Question:

I’m sick in bed not feeling well this Tisha B’Av, and my doctor advised me to stay hydrated. I know it’s a fast day, but are there specific halachic guidelines for how I should drink in shiurim if I need to? How long should I wait between each drink, and does the timing differ between Yom Kippur and Tisha B’Av? I want to make sure I’m observing the fast properly while also taking care of my health.

Answer:

You may eat and drink as much as necessary, and in as many intervals as necessary, and you do not need to follow the Shiurim. In this regard, it is different than the law by Yom Kippur in which case one may only eat or drink if he a) contains a potential life-threatening illness or condition, and b) only in accordance with the Shiurim based on his health condition. The simple reason for the difference is that Yom Kippur contains a biblical fasting obligation under penalty of Kares, in contrast to Tisha b’Av which is only rabbinical.

Explanation:

A sick person is exempt from fasting all of the rabbinical fasts including Tisha b’Av. Now, since you write that you are not feeling well and your doctor has confirmed with you the need for hydration, then certainly you are under this exemption of fasting. With that said, the question is raised as to whether at the very least you should follow the Shiurim which we follow on Yom Kippur. Indeed, this matter is debated amongst the Poskim, and likewise amongst Chabad Rabbanim, with some equating it to Yom Kippur and saying that initially one should follow the Shiurim, and others contrasting it and saying that they do not need to be followed on Tisha b’Av. Indeed, in terms of the original rulings, Chabad sources such as the Tzemach Tzedek have taken the stringent approach. However, practically, the mainstream ruling that is followed in Horah even amongst Rabbeni Anash, with some exception, is to not require Shiurim.

Sources: See regarding a sick person fasting on Tisha b’Av: Michaber 554:6; Chayeh Adam 135:2; Kitzur SHU”A 124:7; M”B 554:11; Kaf Hachaim 554:33; Nitei Gavriel 65:12; See also: Rama 686:2 [regarding Taanis Esther]; Chayeh Adam 133:6; M”B 550:4; Kaf Hachaim 550:7 Stringent to require Shiurim: Tzemach Tzedek O.C. 108:110; Divrei Nechemia 42; Sefer Haminhagim p. 92 [English]; Halachos Ketanos 2:100; Maharam Shick 289; Shaiy Lamorah 4; Marcheshes 1:14; Biur Halacha 554 “Bemakom” in name of Pischeiy Olam; Lenient to not require Shiurim: Chida in Machazik Bracha, brought in Kaf Hachaim 554:31; Maharam Shick 290; Avnei Nezer 540; Aruch Hashulchan 554:7; Shevet Halevi 4:56; Kinyan Torah 1:118; Tzitz Eliezer 10:25-16; Shraga Hameir 1:59; Piskeiy Teshuvos 554:9; Hiskashrus 889 that so he received from several Rabbanei Anash, despite the ruling in Sefer Haminhagim ibid