Pas Palter-Must commercially baked bread be Pas Yisrael:[1]
Many of us are familiar with the prohibition against eating bread baked by a gentile, known as Pas Akum. Many of us also know the concept of Pas Yisroel, which stems from this prohibition. Yet, in practice, many people are lenient and purchase bread that is not Pas Yisroel. This raises an important question: If it is forbidden, what is the basis for this leniency? And how can kosher certification agencies grant supervision to bread baked by a non-Jewish baker? So, indeed, when the Sages initially enacted the decree against eating bread baked by a gentile, the prohibition applied to all bread baked by a gentile, whether it was baked in a private home (Pas Baal Habayis) or in a commercial bakery owned by a gentile. However, due to the fact that this decree did not become widespread among all Jewish communities[2], various leniencies were introduced regarding bread baked in commercial settings. This type of bread is referred to as Pas Paltar, literally meaning “the bread of a baker,” while bread baked privately in a gentile’s home remains under the original prohibition. The reason it did not become universally accepted is because a person’s life is dependent on bread, making it extremely difficult to uphold the decree in its fully prohibitive form. Over time, different leniencies developed in practice because of this reality. Nonetheless, the essence of these leniencies—their scope, validity, and application—has been debated extensively among the Rishonim and Poskim, and differing customs have evolved between Ashkenazim and Sephardim due to this debate. In this article, we will cover:
- The definition of Pas Paltar and how it differs from Pas Baal Habayis.
- The various leniencies associated with Pas Paltar, including the halachic reasoning behind them and the difference between the Sephardic versus Ashkenazi customs.
- The concept of being stringent nonetheless, and why many communities maintain higher standards and eat only Pas Yisrael.
- Important note 1:[3] All leniencies associated with eating gentile baked bread only apply when the bread is under a reliable Kashrus agency which supervises that the bread does not contain any non-Kosher ingredients.
- Important note 2: This leniency towards commercial bread is only applicable towards the prohibition of Pas Akum and not to the prohibition of Bishul Akum. Hence any food that is forbidden due to Bishul Akum is forbidden even if commercially made. Thus, those Mezonos foods which fall under the prohibition of Bishul Akum rather than Pas Akum, as explained in the previous Halacha, do not retain any leniency if they are commercially made.
- The definition of Pas Paltar:[4]
Any bread that is baked for the purpose of being sold has the status of Pas Paltar, or Pas Nachtom[5], commercial bread, even if the person is not a baker by profession [and the bread was baked in the privacy of his home rather than a bakery]. Only those breads that are baked by a gentile for the purpose of being eaten by him and his family have the status of Pas Baal Habayis. This applies even if the person is a professional baker [and bakes it in a bakery] nevertheless, if he baked it for the sake of his family it is considered Pas Baal Habayis.[6]
- The Original Decree and the reason for its Leniencies:
The Sages initially prohibited eating any bread of a gentile, whether the bread is baked within the private home of a gentile for his personal use, and whether the bread is baked by a gentile owned commercial bakery.[7] However, due to certain reasons, various leniencies were introduced regarding bread baked in commercial settings. In general, we find two reasons behind the basis for these leniencies:
- Decree Not Widespread:[8] The basis for this leniency, despite the above Rabbinical prohibition, is because the decree against gentile baked bread did not spread out to all Jewish communities at the time of the decree in the days of the Tanaaim.
- Decree Retracted:[9] Alternatively, in truth the decree did spread out throughout all the Jewish communities, and the reason for this leniency is because it was a very difficult decree to abide by, as man lives off bread, and for this reason the Sages retracted their original decree, and revised it to only apply against personal bread of a gentile and not against the commercially baked bread of a gentile, in a case that Jewish bread is not available.
The practical Ramifications between the Reasons: According to the first reason the entire prohibition against Pas Akum was never accepted and is hence not in force, while according to second reason the decree is in force although under new revisions. The practical ramification between these reasons is regarding:
- May one be lenient to eat gentile commercial bread even if Jewish bread is available. [first reason-yes, second reason-no]
- May one be lenient to eat Pas Baal Habayis. [first reason-yes, second reason-no].
In general, the Michaber ibid learns like the second reason, while the Rama learns like the first reason.[10]
Pas Baal Habayis:[11] The above leniencies were only given to bakery bread of a gentile. However, by Pas Baal Habayis, even the Rama agrees that it remains forbidden [with some cases of exceptions]. The reason for this is as follows: The primary reason for the leniency regarding bread baked by a professional bakery (Pas Paltar) is that such bread is produced for the general public, not for any specific individual. Because it is a commercial product, it does not create personal closeness or familiarity between the buyer and the baker. This greatly reduces the concern of social interaction that could lead to inappropriate relationships or intermarriage. In contrast, bread baked in a private home (Pas Baal Habayis) is inherently personal and often shared in a more intimate setting, which fosters socializing and friendship—precisely what the original decree sought to prevent.
- The Accustomed Leniencies of Sephardim and Ashkenazim:
Sephardic Leniencies – Mutar Only if no Jewish bread of similar quality available:[12] Despite the above original Takana, nevertheless due to the reasons explained above, there are communities which are lenient in a time of need to eat commercially baked bread of a gentile, such as if there is no Jewish bakery bread available in that city [or if there is not enough Jewish baked bread to serve all the Jewish inhabitants[13]].[14] Furthermore, some Poskim[15] rule that those communities which are lenient in the above may be lenient to purchase gentile baked commercial bread even when Jewish baked bread is available, if the gentile bakery bread is of greater quality or of different grains than the Jewish baked bread.[16] [Practically speaking, the Sephardic tradition adheres to the view that gentile commercial bread may only be purchased in situations of necessity as previously defined. In circumstances where there is no such necessity, this practice is not permitted. Even when deemed necessary, it is allowed exclusively in those communities that maintain a custom of leniency in this regard.[17]]
Ashkenazi Leniencies – May always eat Commercial bread of Gentile: Despite the above original Takana, nevertheless due to the reasons explained above, some Poskim[18] rule that even in places where Jewish bakery bread is available [and of equal or greater quality] it is permitted to purchase and eat gentile baked commercial bread.[19] Practically, the widespread [Ashkenazi] custom is to be lenient like this latter opinion and permit purchasing and eating gentile baked commercial bread in all cases.[20] [However, the Sephardi custom is like the first opinion which only allows purchasing gentile commercial bread in a time of need, and only in those communities which have a custom to be lenient, as stated above.[21]]
- The proper conduct:[22]
Despite the above custom of leniency for Ashkenazim, nevertheless, it is proper even for Ashkenazi Jewry to be stringent throughout the year to purchase and eat only Jewish baked bread, and not gentile commercial bread, if there is Jewish baked bread available and of equal taste and quality.[23] [Furthermore, based on the Arizal[24], Chassidim and other meticulous Jews are particular to never eat gentile bread even if it is commercially baked and is of better quality and Jewish bread is not available, and they only eat Pas Yisrael throughout the year.[25] Someone who was accustomed to being stringent in avoiding Pas Paltar like this approach and now wishes to adopt the leniency must first perform Hataras Nedarim.[26]]
Ten days of repentance:[27] During the ten days of repentance one should be especially particular to only eat Pas Yisrael [bread baked by a Jew], even if his custom is to be lenient in eating Pas Paltar throughout the rest of the year.
Shabbos and Yom Tov:[28] For those who are accustomed to eating Pas Akum throughout the week it is proper for them to refrain from eating it on Shabbos and Yom Tov. Rather they are to eat from the Kosher breads which have been kneaded in their homes, as this is included in the Mitzvah of honoring Shabbos and Yom Tov.[29]
| Summary: From the letter of the law, it is permitted to eat commercially baked bread of a gentile if there is no Jewish bakery bread available in that city [or if there is not enough Jewish baked bread to serve all the Jewish inhabitants] or if the gentile bakery bread is of greater quality or of different grains than the Jewish baked bread. Furthermore, the widespread [Ashkenazi] custom is to be lenient in purchasing and eating gentile baked commercial bread in all cases, even if Jewish bread of equal quality is available. Practically, it is proper even for Ashkenazi Jewry to be stringent throughout the year to purchase and eat only Jewish baked bread, if there is Jewish baked bread available and of equal taste and quality. Chassidim and other meticulous Jews are particular to never eat gentile bread even if it is commercially baked and is of better quality and Jewish bread is not available, and they only eat Pas Yisrael throughout the year. |
Leniencies Regarding Pas Paltar
| Topic | Details |
| Sephardic Leniencies | Permitted only in cases of necessity: – When no Jewish bakery bread of similar quality is available in the city. – If Jewish bread is insufficient for the community. – Some Poskim allow leniency even when Jewish bread exists, if gentile bread is of superior quality or made from different grains. – Practically: Only in communities with a custom of leniency, and only in defined situations of need. |
| Ashkenazi Leniencies | Widespread custom permits purchasing and eating gentile commercial bread even when Jewish bread is available and of equal or greater quality. |
| Year-Round Proper Conduct | Prefer Pas Yisroel whenever available and of equal quality and taste. |
| Chassidic / Meticulous Practice | Based on the Arizal, many Chassidim and careful individuals never eat gentile bread—even commercially baked—and only consume Pas Yisroel all year. |
| Changing Custom | Someone who was accustomed to being stringent and now wishes to rely on the leniency must perform Hataras Nedarim before changing their practice. |
| Ten Days of Repentance | Be especially strict to eat only Pas Yisroel, even if lenient during the rest of the year. |
| Shabbos and Yom Tov | Those who eat Pas Paltar during the week should refrain from it on Shabbos and Yom Tov. Instead, eat bread kneaded and baked at home to honor these holy days. |
[1] See Michaber Y.D. 112:2; Rambam Machalos Assuros 17:9-12; Mishneh and Gemara Avoda Zara 35b-38b; Yerushalmi Avoda Zara 15b-16a; Pesachim 13a; Pesakim Uteshuvos 112:4-6
[2] Taz 112:4; Tosafus 35b; Mordechai brought in Shach 112:8
[3] Darkei Teshuvah 112:2 and 54; Chidushei Chasam Sofer 112:4; Pesakim Uteshuvos ibid footnote 42
[4] Rama 112:2; Implication of Beis Yosef; Pesakim Uteshuvos 112:6
[5] See Avnei Nezer Y.D. 95:6 for the difference between the Talmudic term of Pas Paltar, versus the term used in the Poskim of Pas Nachtom; Pesakim Uteshuvos 112:4 footnote 25
[6] The reason: Even if the person is a professional baker which serves the public, when he bakes bread for himself having a Jew partake in this bread contains a worry of potentially unwarranted closeness, and hence regarding this bread he is considered a Baal Habayis. [Shach 112:11]
[7] See Shach 112:8 and Aruch Hashulchan 112:7-9 that all Poskim agree that initially the decree was against all forms of bread, even commercially baked.
[8] Taz 112:4; Tosafus 35b; Mordechai brought in Shach 112:8
[9] Shach 112:8 based on Yerushalmi Perek Ein Mamidim; See Aruch Hashulchan 112:3
[10] See Shach ibid; Aruch Hashulchan 112:7-9
[11] See Michaber and Rama 112:8
[12] Michaber 112:2 and 5
[13] Kneses Hagedola 112:11; Birkeiy Yosef 112:7; Kehal Yehuda 112:4; Zivcheiy Tzedek 112:14 that so is the custom in Bagdad; Kaf Hachaim 112:30
If the Jewish bread is of better quality: Even if the Jewish baked bread is of greater quality than that of the gentile’s, nevertheless if there is not enough bread for all the Jewish inhabitants one may purchase the bread from a gentile. [Poskim ibid]
[14] Michaber 112:2; Rambam 17:12; Rashba; Ran; 2nd opinion in Tur; Yerushalmi Perek Ein Mamimdim
The reason: The reason for this leniency, despite the above Rabbinical prohibition, is because it was a very difficult decree to abide by, as man lives off bread, and for this reason the Sages retracted their original decree, and revised it to only apply against personal bread of a gentile and not against the commercially baked bread of a gentile, in a case that Jewish bread is not available. [Shach 112:8 based on Yerushalmi Perek Ein Mamidim; See Aruch Hashulchan 112:3]
[15] Opinion in Michaber 112:5; Tur in name of Rashba; Ran
[16] Michaber 112:5
The reason: As since one enjoys more the gentile baked bread due to it being of greater quality in his eyes, it is thus considered a time of need on his behalf. [Michaber ibid]
[17] See Kaf Hachaim 112:24
[18] Rama ibid; Mordechai; Smak; Hagahos Ashri; Issur Viheter 44
[19] The reason: The reason for this leniency is because the Rabbinical decree at that time was not widespread and consequently there were places which never enacted any prohibition in this matter. [Taz 112:4; Shach 112:8; Mordechai] This follows the first reason mentioned above, as opposed to the 2nd reason which is seemingly held by the Michaber.
[20] Shach 112:9; Bach 112:5; Toras Chatas 75; Levush 112:3
[21] See Kaf Hachaim 112:24
[22] Shach 112:9; Minchas Yaakov Kelal 75:2; Beis Lechem Yehuda 112:9; Chochmas Adam 65:2; Yeshuos Yaakov 112:3; Aruch Hashulchan 112:17Halichos Shlomo of Rav Sz”a 3 Footnote 11; Pesakim Uteshuvos 112:5
[23] If however the Pas Akum is tastier or of better quality, then the Shach and other Poskim do not state there is any need to be stringent, as in such a case even the Michaber permits it in a place where it is the custom to be lenient. [Shach ibid]
[24] Shaar Hamitzvos Parshas Vayeilech
[25] Seemingly this is in order to suspect for the initial decree which did not contain such leniencies and as rule the Poskim regarding Aseres Yimei Teshuvah.
[26] See Minchas Yaakov 75:2; See Birchas Habayis 19:17; Shevet Halevi 1:205; Pesakim Uteshuvos ibid footnote 36
[27] Admur 603:1; Michaber 603:1; M”B 603:1; Shach Yoreh Deah 112:9; Toras Chatas 75; based on Yerushalmi Shabbos 3:3
[28] Admur 242:13 in parentheses “(For those who are accustomed to eating Pas Akum throughout the week it is proper for them to refrain from eating it on Shabbos and Yom Tov. Rather they are to eat from the Kosher breads which have been kneaded in their homes, as this is included in the Mitzvah of honoring Shabbos and Yom Tov.)”; M”B 242:6
[29] As for why this law was placed in parentheses by Admur, see Chikreiy Halachos 3:30
