From the Ravs Desk: Latest articles and Q&A [Wednesday 6th Tamuz 5785]

Bringing a beverage to drink in the restaurant: From the letter of the law, there is no intrinsic Halachic prohibition for one to bring his own drinks into a restaurant if he does not desire to pay the typically exorbitant restaurant price for a beverage. Nevertheless, this comes with several qualifications: 1) It is considered a matter of Derech Eretz and common courtesy for a person to benefit his host and to purchase beverages from him, even if he happens to have his own beverage and certainly based on this he should not purposely buy a beverage elsewhere where it is cheaper and then enter it into the restaurant to drink.[1] 2) Many restaurants have a policy which don’t allow outside food or drink, including bottled water, both due to Kashrus reasons as well as due to that they make a significant portion of their profit from selling drinks. Each place has its own policy, and hence it would be advised to ask. If the restaurant does have such a policy then it would be both legally[2] and Halachically[3] forbidden for a person to break this policy. [Nonetheless it is worthy to note that in Israel every restaurant, eatery, or similar place that serves food must provide each customer with a free pitcher of cold drinking water. Charging for the water is prohibited. Violating this obligation is a criminal offense punishable by a fine.[4]]

[1] See Midrash Tanchuma Chukas 12 (35) “It should have said ‘water from cisterns,’ but the Torah teaches you proper conduct: when one travels in a land not his own, even if he has provisions, he should not use them, but rather purchase from the local shopkeeper to benefit him. So said Moses: ‘We have our own well and our own manna, but we will not use them—we will buy from you, so that you may profit”; Rashi Chukas 20:17 “And we will not drink water from a well” – It should have said ‘from cisterns,’ but this is what Moses meant: ‘Even though we have manna to eat and a well to drink from, we will not use them. Instead, we will purchase food and water from you for your benefit.’ From here we learn that a guest, even if he has his own provisions, should buy from the local shopkeeper in order to benefit his host. ‘The king’s highway we will go’ – meaning, we will not deviate to the right or left.”; See also Rashi Bereishis 13:3and Erechin 16b that one should not change from his Achsanya, hence looking out for ways to benefit it

[2] In Israel and the USA, restaurants are generally private businesses and can set their own management policies, including not allowing outside food or drinks, even water bottles. It’s not a legal requirement to allow outside beverages, and businesses have the right to establish policies that they feel best serve their operations and clientele. So, if a restaurant decides to disallow outside water bottles, it’s within their rights to do so and they retain the right to ask someone to leave if they are not obeying their policy. There is no legal obligation to post a sign stating that bringing in outside food and drink is prohibited. Thus, if the restaurant prohibits it, it is entitled to enforce its policy, even if no sign is displayed. [See Consumer Protection Law (Amendment No. 45), 5776–2016 known as the “Popcorn Law.” This amendment prohibits certain businesses—like movie theaters, sports venues, and performance halls—from preventing customers from bringing in food or drink of the same type sold at the venue. The law was designed to protect consumers from being forced to purchase overpriced snacks and drinks at such locations. It however explicitly excludes restaurants! https://main.knesset.gov.il/News/PressReleases/pages/press290316o.aspx]

[3] See regarding that a guest must obey every command of his host: Michaber 170:5; Tur 170; Miseches Deech Eretz Raba 6; Ketzos Hashulchan 26:1

[4] https://shorturl.at/G0TaK