S TA R - K
KO S H E R C E R T I F I C AT I O N
ד ב אלטי מ א ר
הכ ש ר ו ת
ועד
Kashrus Kurrents VOLUME 39
N O. 4
Fall 5778–2017
Improving
WITH AGE
THE BRAEKELACONTROVERSY Bird ’s-eye View
RABBI TZVI ROSEN EDITOR, KASHRUS KURRENT S
RABBI MORDECHAI FRANKEL D I R E C TO R , T H E I N S T I T U T E O F H A L AC H A H
The hallowed cornerstone of kashrus. לא תבשל גדי בחלב אמו, Do not eat a goat in the milk of its mother. The Torah repeats this prohibition מצות לא עשהthree times,1 instructing us that we must not eat, cook or derive benefit from a combination of milk and meat. To distance ourselves from an inadvertent mistake, safeguards have been instituted and implemented by Chazal to preserve the integrity of the essential מצות לא עשה.
Feathers are flying in Eretz Yisroel, as the Poskim debate the kosher status of the Braekel chicken. Rav Moshe Shaul Klein, shlit”a, a leading member of the Beis Din of Rav Shmuel Wosner, zt”l, feels that its kashrus is superior to that of other chickens. However, Rav Moshe Sternbuch, shlit”a, feels that its kashrus is inferior. The rest of us are left confused. How can a chicken be “more kosher” or “less kosher”, and how could respected Poskim take such contradictory positions? In order to answer these questions, we need to familiarize ourselves with the halachos of kosher birds.
To this end, every kosher kitchen has two separate sets of pots, pans, cutlery and dishes. Similarly, if two people are eating together at the same table, one eating meat and the other eating dairy, the Shulchan Aruch instructs us to make a distinguishing separation between the two friends to avoid an inadvertent nibble.2 Moreover, the Shulchan Aruch also instructs us to wait after eating meat before eating dairy or drinking milk.3 There are a number of reasons given for this time separation, either the time it takes to digest meat or to neutralize any lingering taste that may remain in one’s mouth after eating fleishig. There is also a halachic dichotomy as to how long one has to wait: 6 hours, 3 hours or 1 hour. Regardless of one’s minhag, waiting between meat and milk is a halachic system already in place. Does eating meat after dairy also warrant waiting? The halacha states that one who has just partaken of a dairy meal and wants to eat meat need only eat something pareve that is hard, such as a cracker, or drink something pareve, such as water, and wash one’s hands, this is known as קינוח והדחה.4 The only exception is hard cheese.
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In order to understand that exception, we first need to understand the rule; in order to understand the rule, we need to understand what constitutes cheese. Cheese is defined as a product that is created through a process of pressing or compressing coagulated curds into cheese. Essentially, all cheese – including soft cheese or “semi-solid” cheese - is the coagulation of milk solids
C O N T I N U E D O N PA G E 3
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The Torah1 lists the various species of non-kosher birds. The Gemara2 states that the Torah chose to list the non-kosher species, rather than the kosher ones, because the non-kosher list is shorter. In other words, there are a greater number of kosher than non-kosher species. However, the Gemara3 also tells us that the ayoh, a non-kosher species of bird, has one hundred sub-species. Tosefos4 states that the various other non-kosher species of birds also have many sub-species and, in fact, the total number of non-kosher birds is greater than the number of kosher birds. Other Rishonim5 disagree and conclude that there are a greater number of kosher birds. The Rivash6 states that even if one accepts the position that there are more kosher than non-kosher birds, the Torah does not allow a person to rely on the majority and obligates us to ascertain with certainty that a bird is kosher before eating it. Although the Torah lists the non-kosher birds, we no longer know exactly to which species of birds the Torah is referring. The Gemara7, therefore, provides alternative ways of ascertaining whether a bird is kosher. As codified in the Shulchan Aruch8, all birds of prey are non-kosher. There is discussion amongst the Poskim9 as to how to halachically define a “bird of prey”. One of the defining characteristics of a bird of prey is that when perched on a string, it will place two toes on one side of the string and another two toes on the other side. Another distinguishing feature is that it will grab its food in the air without allowing it to reach the ground.10 A bird which is not known to be a bird of prey needs to exhibit three other qualities in order to be considered kosher: it must have a crop, its gizzard must have a membrane which can be peeled off by hand; and it must have an “additional toe”.11 The Poskim discuss what may constitute an “additional toe”.12 Most people know little about the crop, gizzard and toes of birds. How then, do we know which birds are kosher? The Gemara tells us that one may consider as kosher any bird for which there is a mesorah, a tradition that this species of
Inside this issue
C O N T I N U E D O N PA G E 4
Improving with Age.......................................................................................Page 1 The Braekel Controversy: A Bird's-eye View..........................................Page 1 Time Flies: A Guide to Time-Related Halachos When Flying...........Page 2 Insights from the Institute...........................................................................Page 5 New Under STAR-K.........................................................................................Page 7 STAR-K Welcomes New Rabbis...................................................................Page 8
Kashrus Education
Time Flies: A GUIDE TO TIME-RELATED HALACHOS WHEN FLYING
The STAR-K office and its Institute of Halacha receive hundreds of inquiries from STAR-K mashgichim, businessmen and tourists traveling to all corners of the globe. The most common questions relate to kashrus information. However, more common than ever are shaalos related to davening and other halachic issues impacted by changing time zones while in transit. There are excellent websites1 that project the times for sunrise, sunset, and other halachic zmanim for aircraft passengers. A basic understanding of the halachos that relate to these times and the metzios2 enhances the use of these powerful tools, which is analogous to how we can increase the usefulness of a GPS by possessing a basic knowledge of the route one must drive. I. What Happens In-Flight? As is well known, the sun rises in the east and sets in the west. In the summer, the days are longer (earlier sunrise, later sunset), and in the winter the days are shorter (later sunrise, earlier sunset). In the Southern Hemisphere, the day lengths are the opposite – summer begins in December and winter in June. When one flies west, one is flying “in the same direction” as the sun. Therefore, one encounters zmanim slower than usual. For example, if it is 1:00 a.m. in early March in Tel Aviv where Reuven lives, he can say, “The sun will rise in 5 hours (i.e., at 6:00 a.m.) and I will daven Shacharis.” However, if Shimon departs at 1:00 a.m. from Tel Aviv on a flight to New York, after 5 hours he will be west of England where the local time is 4:00 a.m (the middle of the night and, therefore, still too early to daven Shacharis). When one flies east, the opposite effect occurs as one is flying in the “opposite direction” of the sun and one encounters zmanim faster than usual. For aircraft passengers on an eastbound flight, sunrise occurs sooner than for those who remain in the city of origin. For example, in early March the sun rises in Boston just after 6:00 a.m. If Levi is in Boston at 10:00 p.m. he could say, “The sun will rise in 8 hours”. However, if Yehuda’s flight to London departs from Boston at 10:00 p.m., the sun rises 5 hours into the flight when it is only 3:00 a.m. in Boston. He has flown three time zones to the east, where the time below him (over the North Atlantic Ocean, south of Greenland) is 6:00 a.m.3 II. The Great Circle Route And Daylight In The Northern Regions When one drives from west to east, one follows somewhat of a “straight line” (e.g., from Trenton to Lakewood, NJ on I-195 at 40o N). Long-haul flights, such as those from New York (41o N) to Tel Aviv (32o N), generally fly the Great Circle route over Iceland
RABBI DOVID HEBER K A S H R U S A D M I N I S T R AT O R
and northern Europe (60o N). Although The Great Circle route appears to be curved4 on a map, in reality this route is actually “straight” and shorter in distance than flying a route traversing southeast over Spain and Gibraltar. Flying so far north, however, has a major impact on zmanei hayom. The impact can be explained as follows: At the equator, the duration of daylight varies throughout the year by only 2 minutes, from 12 hours 6 minutes to 12 hours 8 minutes! As one travels north, the seasonal variation of daylight duration increases.5 For example, in June in New York daylight is 15 hours long; in December, daylight lasts 9 hours. In Manchester, England the sun is in the sky during the summer for 17 hours but daylight lasts for only 7.5 hours in the winter. In Fairbanks, Alaska the sun is up in the sky for almost 22 hours in June, but less than 4 hours in December! Therefore, travelers taking night flights during the summer from North America to Tel Aviv or Europe will experience an unusually early sunrise as the flights go far north; likewise, winter flights will have an unusually late sunrise. North of the Arctic Circle (66.56o N), the sun can be above the horizon for 24 hours in the summer and below the horizon for 24 hours in the winter. Various halachic issues arise in these regions.6 III. Impact on Halacha While one is in flight, the aircraft’s position on the globe reflects the current time7 and the time at the origin and destination airports is not relevant. For example, if at the aircraft’s current position the sun has risen it is considered daytime for the passengers, even if it is dark at the origin or destination.8 In general, when traveling westbound one davens fewer times inflight, if at all, because one encounters zmanim at a slow rate. Practically speaking, it is advisable to avoid westbound flights on fast days as the duration of daylight will likely be extremely long, causing one to fast additional hours. On eastbound flights, the zmanei tefila come and go more quickly so one has a shorter window of opportunity to daven and recite Shema. When traveling across the Pacific Ocean in either direction, there are additional halachic issues related to the changing days when crossing the International Dateline.9 ChaiTables.com10 calculates several types of inflight zmanim based on the Great Circle route and the assumption that most flight paths will follow this route. Their advanced interface can be used onboard the airplane in real time11 to access more C O N T I N U E D O N PA G E 6
1. Namely ChaiTables.com and MyZmanim.com. Section III describes these important tools in detail. 2. i.e., astronomically what occurs 3. The effect of how north or south one flies will be addressed later. 4. This is due to the curvature of the earth. It may help to imagine what would happen if you drew a straight line on an orange and then flattened the orange onto a 2-dimensional surface. The straight line suddenly appears curved. This can also be demonstrated by running a string between two locations on a globe. 5. The same occurs as one travels south of the equator, except the longest days occur in December and the shortest days take place in June. 6. For a full discussion of Shabbos and davening times in Arctic regions, see “When Does One Pray When There Is No Day”, https://www.star-k.org/articles/articles/travel/515/when-doesone-pray-when-there-is-no-day/. 7. Igros Moshe Orach Chaim, chalek 3, end of siman 96. 8. It should be noted that sunrise appears somewhat earlier and sunset somewhat later at aircraft altitudes than on the ground below. For example, early in the morning when inflight passengers see the sun rising just above the horizon from an aircraft window, on the ground below, the sun may still be below the horizon. This is because at an altitude of 35,000 feet at latitudes between the equator and 49o N, the sun can rise between 15-30 minutes earlier than on the ground (and set 15-30 minutes later). Rav Isser Zalman Meltzer, zt”l (Ha’aros at the end of Sefer Bein Hashemashos, pg. 158) and Shevet Halevi (3:27) are of the opinion that for those on the plane the time is determined as if they were on the ground (so it is still pre-sunrise if the sun has not yet risen for those below, on the ground). Rabbi Moshe Heinemann, shlit”a, Rabbinic Administrator of STAR-K, paskens like this, as well. One uses the time on the ground, when at “man made” higher altitudes (i.e., planes or buildings). However, when at “natural” higher altitudes (e.g., on top of mountains), one must take into consideration the higher altitude. This is critical when calculating zmanim charts for most cities, as they are above sea level. For a detailed discussion of this topic, as well as additional opinions regarding these cases, see Dvar Yom Chap. 9 (sections 12-17). 9. For a full discussion of the halachic issues related to International Dateline, see “A Traveler’s Guide to the International Dateline” (https://www.star-k.org/articles/kashrus-kurrents/493/atravelers-guide-to-the-international-dateline/).
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RABBI TZVI ROSEN EDITOR, KASHRUS KURRENT S C O N T I N U E D F R O M PA G E 1
through either acidification, coagulation or a combination of the two. The combination results in a coagulation of milk proteins, forming a gelatinous web that can be cut into curd blocks or pieces, separated from liquid whey and then gathered, processed, cooked and/or salted for further processing6 and aging. All cheese combines the same three basic ingredients: milk, bacterial culture and rennet. There are many types and styles of cheese. Some cheeses are soft and spreadable, i.e., cream cheese and mascarpone, which are called soft cheeses and do not fall into the traditional definition of cheese. There are cheeses that use a mold to transform the cheese, such as brie or camembert, which are categorized as semi-solid cheeses. The generic term “cheese” doesn’t do justice to the artesan nature of this unique creation. If you break down cheese into small categories, there are hundreds of varieties of cheese ranging from a typical soft, soft hardened, slicing cheese to mild, ripened, hard … and variations in between.7 The kosher cheese assortments that we typically see on the shelf which include cheddar, muenster and mozzarella are produced in large cheese plants in an industrial setting, not in a small artesan textbook description of a cheese plant. Today’s popular sliced cheeses that are sold in the supermarket can and are produced in a day, not in weeks or months as cheese articles lead us to believe. Yet, there is a large selection of cheeses that are not typically seen on the supermarket shelf that are aged for long periods of time, such as Asiago and Parmegiano Reggiano that don’t find their way to the supermarket for 1-2 years. These varieties are classified as hard cheeses. Regarding the wait between dairy and meat, the Rema is as lenient about a quick קינוח והדחהas the Bais Yosef, save for one exception: hard cheese. How does halacha quantify hard cheese? It is not simple. The Shach defines hard cheese by two criteria: Cheese that is aged for six months or cheese that has natural holes in it, known in the cheese world as Emmental (Swiss cheese). The Shach and Taz8 9 state that one must wait as long as one waits between meat and milk when first eating hard cheese followed by meat. There is much conjecture amongst the Poskim as to the implication of the Shach’s six month criteria. Some Poskim go as far as to consider any cheese that slices as hard cheese. Some consider cheese that has been left to dry and harden as hard cheese. Some say cheese left on the shelf for six months is a hard cheese. Analyzing the Shach carefully in the context of the science of aged cheese, six months is not an absolute time frame. The six month criteria is as the Shach states, a result of aging cheese to achieve a desired result.
What happens during the aging process of cheese? According to cheese experts, during aging the moisture content of the cheese continues to decrease and the bacteria which ripens the cheese gives it a stronger flavor as it continues to age. As the moisture decreases the flavor increases and, as a result, the cheese hardens. The king of hard cheese, Parmigiano Reggiano, achieves its unique flavor profile after 24 months!10 18 months is the youngest that the Parmigiano Reggiano can be sold. Of course, these flavorful hard cheeses have one common quality. After being aged for long periods of time they can’t be sliced, only grated. Furthermore, these hard cheeses have so much increased flavor, “a small sprinkle is powerful enough to season an entire dish.” These hard cheeses are categorized as grating cheeses - not crumbled, sliced, or spread – but grated. This is precisely how the Gadol Hador, Hagaon Harav Aharon Kotler, zt”l, understood the Shach’s halachic definition of hard cheese as corroborated by contemporary cheese experts. This is the STAR-K hard cheese policy according to the opinion of STAR-K’s Rabbinic Administrator, HaRav Moshe Heinemann, shlit”a. Futhermore, the Shach continues and says that fatty cheese is not a determining criteria for hard cheese, as posited by others. Interestingly, in discussion with world famous Italian cheesemaker Raffaele Cioffi, whose family has been producing artesan Italian cheeses for over 160 years, he stated that in order to make Parmigiano the milk used must be skim milk with the fat removed! Although not all hard cheeses are aged for 24 months, the grating criteria also applies to cheeses that are aged less than two years. For example, sharp cheddar cheese that is aged to the point it cannot be sliced - only grated - is considered a halachic hard cheese. The cheddar we purchase in the kosher cheese section that is pre-sliced or sold in sticks is mild cheddar. קינוחand הדחה would be sufficient between mild cheddar and meat. Does hard cheese that has melted retain the halachic hard cheese criteria? It is the opinion of HaRav Moshe Heinemann, shlit”a, that it remains “hard cheese”. As Raffaele Cioffi discussed, in Italy the qualities of Parmesan cheese that they use is only a sprinkle of the cheese to season a famous Parmesan flavored soup, where the cheese blends ever so smoothingly in the soup and the taste is outstanding. Although defining hard cheese halachically is up for discussion, cheesemakers certainly agree that like good wine hard cheese improves with age. כ”א: דברים י”ד. כ”ו: שמות ל”ד, שמות כ”ג” י”ט.1 ’ב,’ א: יורה דעה פ”ח.2 ’ א: יור”ד פ”ט.3 ’ ב: יור”ד פ”ט.4 רמ”א שם.5 Cheese 10: The Hard Facts .6 Cheese.com .7 ש”ך ט”ו.8 ’ ט”ז ד.9 Cheese 10: The Hard Facts .10
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THE BRAEKEL CONTROVERSY A Bird ’s-eye View RABBI MORDECHAI FRANKEL DIREC TOR, THE INSTITUTE OF HAL ACHAH
C O N T I N U E D F R O M PA G E 1
bird is eaten by frum people.13 Rashi adds that we no longer have the expertise to decide whether or not a bird is a bird of prey. Therefore, we should not rely on our own analysis to determine if a bird is kosher and eat only birds for which we have a mesorah;14 the Shulchan Aruch and Rema pasken this way.15 Although no two birds look exactly the same, a mesorah will cover all birds which look similar without significant differences among them.16 Practically speaking, we have a mesorah on the more prevalent varieties of chickens, as well as the Pekin duck.
They have great difficulty locating any birds with unquestionable pedigrees that could be proven to be unadulterated descendants of the chickens that were eaten in pre-war Europe. Fortunately, there are some people who breed heirloom chickens. After considerable effort and expense, they located a farmer living in Belgium who raised heirloom chickens. The specific breed that he was raising is known as the Braekel chicken.20 The farmer had kept detailed records of the pedigree of his chickens for many years, proving that his birds were purebred.21
It would seem to be impossible to have a mesorah on turkey, as the bird was unknown to frum people before the discovery of America. However, when turkey was first introduced to Europe it was claimed that there was a mesorah so frum people began eating it. The Netziv writes that since turkey has all the characteristics of a kosher bird and has been eaten for many years, it may be consumed.17 Although some have the custom to be stringent and not eat turkey, most people have the custom to accept it as kosher.18
Eggs were brought to Israel and the Braekel chicken was raised. The bird takes a longer time to mature than contemporary chickens used in the industry, does not taste as good, and looks different from other chickens. Advocates of the Braekel bird contend that the difference in appearance is due to the fact that the Braekel is the original species of chicken for which we have a mesorah, whereas birds used in the poultry industry are hybrids. However, when Rav Moshe Sternbuch saw the Braekel bird he argued that the opposite is true. The birds that are eaten every day are the ones for which we have an unbroken mesorah, and the Braekel is the species without a mesorah! Furthermore, some Poskim contend that the Braekel chicken positions its toes on a string in a manner which indicates that it is a non-kosher species; others dispute this assertion. This has developed into a heated debate, which has spilled over into the public arena due to the significant financial considerations at stake. This is the halachic reasoning behind the debate, and we will leave it to others to report on the various claims and counterclaims that have been proffered.22 Some time ago, a breeder of a variety of heirloom chickens asked STAR-K for a list of breeds that could be deemed kosher. One of the breeds that he wanted to shecht was the Braekel chicken. Rabbi Heinemann, shlit”a, declined to do so due to his concerns regarding the mesorah of these birds.
In America, the production and sale of poultry is a multi-billion dollar business. Companies have invested millions of dollars in order to produce chickens with characteristics that are optimal for the industry. The “ideal” chicken is one that grows fast, eats little, has few feathers, produces a lot of meat, and is easy to process. A chicken such as this is cultivated through sustained programs involving crossbreeding of chickens which have the desired traits, as well as possible transplantation of specific genes. The industry is highly competitive, and information regarding these programs is generally proprietary. Nowadays, the birds which are raised for poultry are products of this research and are all hybrids of unknown varieties of chicken. In 1998, Rav Shmuel Wosner wrote a letter19 in which he expressed concern about this phenomenon. He stated that our birds are the result of the breeding of different varieties of chickens and genetic manipulation. He asserted that it has been verified that some of the species used in the breeding programs do not have any mesorah. Rav Wosner closed his letter with a call to reverse this development and only shecht chickens from breeds with a clear mesorah. Other Poskim and experts disagree with both the factual information and the halachic implications. They argue that what takes place in the lab is merely an acceleration of a process which takes place constantly in the natural world. The claim that the industry employs genetic engineering has also been called into question, and any addition of microscopic genes may well be halachically insignificant. Some talmidim of Rav Wosner, as well as others who shared his concern, formed a group dedicated to the reintroduction of purebred chickens. However, they discovered that such birds hardly exist any more since the industry has replaced them with more economically productive varieties.
Braekel Chicken
Conventional Chicken
עי’ בפמ”ג.9 שו”ע יו”ד סי’ פב סעי’ ה.8 חולין דף נט ע”א ודף סא ואילך.7 שו”ת ריב”ש סי’ קצב.6 עי’ ברמב”ן ור”ן שם.5 תוס’ שם ד”ה ודילמא.4 שם.3 חולין דף סג ע”ב.2 ויקרא פי”א ודברים פ”י.1 ועי’ בש”ך שם ס”ק ד שא”צ ג’ סימנים הללו אלא בעוף שהוא ספק דורס אבל בעוף שודאי אינו דורס די אם יש לו הסימן,שו”ע שם.11 שו”ע שם וט”ז שם ס”ק ב.10 משב”ז שם ס”ק א שסיכם השיטות בזה שו”ת משיב דבר.17 עי’ שו”ת חתם סופר יו”ד סי’ עד.16 שו”ע שם סעי’ ב ורמ”א שם סעי’ ג.15 שם דף סב ע”ב רש”י ד”ה היינו גירותא.14 חולין דף סג ע”ב.13 עי’ ש”ך שם ס”ק ה.12 שהקורקבן נקלף ועי’ בדרכי תשובה סי’ פב ס”ק כו שהביא, עי’ מש”כ הגר”ש קלוגר לאסור בשו”ת האלף לך שלמה יו”ד סי’ קיב ושו”ת טוב טעם ודעת תליתאי ח”א סי’ קה וסי’ קנב,האחרונים האריכו בזה.18 ח”ב סי’ כב וכבר העירו שאין הכוונה לריב”ש הקדמון אלא לר’ ישראל, והדרכ”ת תמה שלא נמצא דבר מזה בשו”ת ריב”ש,מכמה אחרונים להתיר בסברות שונות (והביא שם משו”ת מי באר להתיר בשם הריב”ש עי’ ש”ך סי’ פב ס”ק ו שאם נמצא שהעוף חולק את רגליו אין לסמוך על.21 קונטרס מסורת טהרת עופות יו”ל ע”י אגודת מסורת טהרת עופות עמ’ כב.20 שו”ת שבט הלוי ח”י סי’ קיג.19 )בעל שם טוב המסורת והוי מסורת בטעות See http://www.amimagazine.org/2017/08/16/the-battle-of-the-birds/ .22 http://hamodia.com/2017/08/22/story-behind-braekel-chicken-halachic-dispute/ https://www.theyeshivaworld.com/news/headlines-breaking-stories/1347757/commotion-surrounds-decision-eida-ravaad-regarding-braekel-chicken.html http://matzav.com/the-war-of-the-chicken-breeds/, http://www.bhol.co.il/ArticlePrint.aspx?id=122556, http://www.kikar.co.il/194374.html http://www.jdn.co.il/breakingnews/869993
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Q: A:
INSTITUTE
SHAILOS FROM THE INSTITUTE OF HALACHA
RABBI MORDECHAI FRANKEL DIREC TOR, THE INSTITUTE OF HAL ACHAH
What are the halachos regarding eating or cooking meat and fish together?
Chazal tell us that it is unhealthy to eat meat and fish together, meat which was cooked with fish, or fish which was cooked with meat.1 The Magen Avrohom suggests the possibility that people are no longer sensitive to the combination of meat and fish, and that eating this is no longer unhealthy.2 However, common practice is to avoid eating meat and fish together and not rely on the Magen Avrohom.3 Regarding this halacha, chicken has the same status as meat.4 If a person ate fish and would like to eat meat, or if he ate meat and would like to eat fish, he is required to take certain actions. The Shulchan Aruch states that he must wash his hands, but according to the Rema it is not Ashkenzai practice to do so.5 He must cleanse his palate by both eating another food and drinking something, or at the very least drinking something.6 If half an hour has passed since he ate the first food, it is not necessary to do so.7 It is permitted to have meat and fish on the same table at the same time.8 However, for practical reasons people generally clear away the fish plates before serving meat or chicken on Shabbos. Meat and fish should not be cooked in the oven at the same time, even in different pans, unless one of the pans is covered.9 L’chatchila, one should not cook meat and fish together even if there is sixty times as much meat as there is fish, or sixty times as much fish as there is meat. However, b’dieved, the rules of bittul b’shishim apply. 10 This halacha is applicable to the use of Worcestershire sauce, which contains
fish. If the other ingredients in the Worcestershire sauce are sixty times as much as the fish, so that the fish is already botul, then the sauce can be cooked or eaten with meat. However, if this is not the case the sauce should not be cooked or eaten with meat, l’chatchila. B’dieved, the fish in the sauce will be botul in the meat and the food may be eaten. It is permitted to cook fish in a clean fleishig oven. Furthermore, it is permitted to cook or eat fish in a utensil that had previously been used for meat, and vice versa to cook or eat meat in a utensil that had previously been used for fish.11 There are some people who have a custom not to do so.12 However, if you do not have this custom there is no need to be stringent. It is permitted to barbeque fish on a completely clean fleishig grill. However, one cannot barbeque fish on a fleishig grill which has meat residue. Halachically, one may cover dirty fleishig racks with two layers of foil and place the fish on the foil and grill it in an open barbeque, taking care that the fish does not touch the sides of the barbeque where there is meat residue. However, this may be done only if the foil will not burn or tear.13 If fish and meat were cooked together, the utensil in which they were cooked should be kashered. If it is not possible to kasher it, there are opinions that one may wait 24 hours and then use the utensil.14 Sefardim do not cook or eat fish and milk or fish and cheese together. Some Sefardim have the custom not to cook or eat fish and butter together, while others allow this.15 Ashkenazim have no such custom and may cook or eat fish with milk, cheese or butter.16
. פסחים דף עו ע”ב ושו”ע יו”ד סי’ קטז סעי’ ב ואו”ח סי’ קעג סעי’ א.1 ועי’ בפת”ש יו”ד סי’ קטז ס”ק ב שהביא משו”ת חת”ס סי’ קא שאין סכנה בזה”ז ועוד שאפשר שדבר זה לא נאמר אלא במין ביניתא ולא במיני דגים המצויים, מג”א שם ס”ק א הובא במ”ב שם ס”ק ג.2 אבל בשו”ת דברי מלכיאל ח”ב סי’ נג תמה שאין זה גזירת חז”ל אלא שמצד מצות ונשמרתם לנפשותיכם אמרו, אמנם החת”ס כתב שאין לסמוך ע”ז למעשה דאפשר דהו”ל כמו דבר הנאסר במנין,בינינו .שאין לאכול דבר זה מפני שמזיק . ומ”מ לסניף יש לצרף דבריו להקל, הדרכ”ת סי’ קטז ס”ק טז הביא משו”ת שבות יעקב ח”ג סי’ ע שאין לסמוך על המג”א בזה בספק סכנה.3 . פת”ש שם ס”ק ב בשם שו”ת שבות יעקב ח”ג סי’ ע.4 . שו”ע ורמ”א יו”ד סי’ קטז סעי’ ג הובאו במ”ב סי’ קעג ס”ק ג.5 .” ובשעה”צ שם ס”ק ב כתב “ובחכמת אדם כלל סח כתב וז”ל יש נוהגין לרחוץ ידיהם בין בשר ודגים אבל אין מן הצורך ומ”מ ישתה דבר ביניהם שלא לאכלם יחד עכ”ל, רמ”א ומ”ב שם.6 . ואף ששם סיים הרמ”א שנכון להמתין ו’ שעות מ”מ כאן בודאי יש להקל לאחר המתנת שעה, עי’ ברמ”א יו”ד סי’ פט סעי’ א שהתיר אכילת גבינה לאחר בשר בלי קינוח והדחה אם המתין שעה אחת.7 ונראה שיש להקל אף לאחר המתנת חצי שעה שכן מצינו באכילת בשר לאחר גבינה שצריך קינוח והדחה כמש”כ הרמ”א שם סעי’ ב ומ”מ רבים נוהגים היתר בלי קינוח והדחה לאחר המתנת חצי שעה . וכן אמר מו”ר ר’ משה היינעמאן שליט”א להקל כאן לאחר המתנת חצי שעה,כמש”כ בשו”ת מהרש”ג ח”א סי’ יג וספר מטה ראובן סי’ קפו . והדרכ”ת סי’ קטז ס”ק יג הביא מספר קול יהודה שאסור להעלות דגים עם בשר בשלחן אחד אבל בשו”ת שבט הלוי ח”ו סי’ קיא אות ג (א) כתב שאין לחוש לזה, נודע ביהודה קמא אהע”ז סי’ יג.8 . ואם אחד מהם מכוסה מותר כדאיתא בשו”ע יו”ד סי’ קח סעי’א, ולענין בדיעבד עי’ בט”ז שם ס”ק ב וש”ך שם ס”ק א, רמ”א יו”ד סי’ קטז סעי’ ב.9 והפת”ש שם ס”ק ג הביא משו”ת חות יאיר סי’ סד ושו”ת שבות, אבל הש”ך בנקודות הכסף חולק ע”ז, הט”ז יו”ד סי’ קטז ס”ק ב כתב דחמירא סכנתא מאיסורא ולא מהני ביטול בששים בבשר ודגים.10 והפת”ש שם כתב שלפי”ז מותר אף לבטלו לכתחלה ולא שייך הדין שאין מבטלין איסור לכתחלה כיון שאין כאן איסור. וכן פסק החכמ”א כלל סח סעי’ א,יעקב ח”ב סי’ קד ושו”ת חת”ס סי’ קא להקל בזה ובשו”ת מהרש”ם ח”ג סי’ רפח כתב שכיון שבגוף הדין נחלקו הפוסקים אם מהני ביטול לכן אין לסמוך, אמנם הדרכ”ת שם ס”ק כ הביא שיש מחמירים בזה,אלא סכנה וכל שנתבטל בששים שוב אין סכנה .על זה לבטל לכתחלה . ט”ז יו”ד סי’ צה ס”ק ג וסי’ קטז ס”ק ג.11 . טור יו”ד סי’ קטז הובא בחכמת אדם כלל סח.12 .’ ואף שכתב הרמ”א שיש ליזהר לכתחלה מ”מ בכה”ג מותר אף לכתחלה כמש”כ בשו”ת אגרות משה יו”ד ח”ג סי’ י, אין כלי אוסר כלי בלא רוטב כמש”כ הרמ”א יו”ד סי’ צב סעי’ ח.13 והדרכ”ת סי’ קטז ז”ק כח, אמנם בשו”ת שבות יעקב ח”ג סי’ ע כתב שהכלי מותר בלי הגעלה, הפת”ש יו”ד סי’ קטז ס”ק ג הביא מהתפארת למשה שאם נפל דג לקדרה של בשר או איפכא צריך הגעלה.14 .הביא משו”ת דברי מלכיאל ח”ב סי’ נג להתיר לאחר ששהה מעת לעת ועי’ בשו”ת יחוה דעת ח”ו סי’ מח שיש, והפת”ש שם ס”ק ט הביא מר’ בחיי פ’ משפטים שיש סכנה בדג עם חלב וה”ה עם גבינה אבל אם חמאה שרי, הב”י יו”ד סי’ פז כתב שאין לאכול דגים בחלב.15 .מנהגים שונים בזה . וכ”כ המג”א בהקדמתו לסי’ קעג, וכ”כ הט”ז שם ס”ק ג והש”ך שם ס”ק ה שהוא ט”ס, הדרכי משה יו”ד סי’ פז ס”ק ד כתב שנתערב להב”י בשר בחלב.16
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Time Flies: A GUIDE TO TIME-RELATED HALACHOS WHEN FLYING
C O N T I N U E D F R O M PA G E 2
accurate zmanim based on the actual flight path. MyZmanim. com calculates inflight zmanim as a range of possible times, which accounts for different possible flight patterns that can occur.12 It is based on the history of the given flight route. However, no one can definitively predict the exact flight path for an upcoming trip. Therefore, one should ideally use these tools with the understanding of the “metzios” and the projected route to modify times with changes in the flight pattern. Both ChaiTables and MyZmanim take possible modifications into account. For example, they indicate what happens if a flight takes off later than scheduled. Additionally, MyZmanim accounts for the different possible flight patterns by providing a time range for each zman. For example, a long eastbound flight in the summer may travel further north than anticipated and there may be no sunset. One may obtain a chart that projects times for a lengthy westbound journey; however, due to a variety of reasons (e.g., weather, air traffic, etc.) the flight path may change and head eastbound, thereby causing drastic changes to the zmanim data.13 Therefore, it is advisable that one double check what is occurring. In some cases, this can be accomplished by looking out the window to verify a zman.14 However, looking out the window will not help determine most specific zmanim.15 IV. Analyzing Flight Times The clearest way to explain the “metzios” is by addressing various examples and sample times for such flights. 1) Eastbound Flights a) Leaving late at night in the early winter - Depart New York 11:50 p.m. and arrive the next day in Tel Aviv at 5:30 p.m. Dawn comes less than 4 hours into the flight; sunrise is an hour after that. Although the plane flies east, sunrise is late (the local time on the ground is 8:00 a.m.) since the plane travels very far north. It should be noted that since the plane flies east, the sof zman Krias Shema and tefila come and go very rapidly. Sof zman Krias Shema is just one hour after sunrise (about 5 hours 45 minutes after takeoff), and sof zman tefila is only about a half hour after that. Therefore, one should look out the window shortly before the posted time for sunrise. If it is daytime, he should daven as soon as possible. If he can’t daven at that time, he should say Krias Shema and then be sure to daven Shemona Esrai before the sof zman tefila. Mincha Gedola is about 7.5 hours into the flight, and sunset is 10 hours into the flight.
b) Same flight at the beginning of the summer (June & July) – This flight heads northeast so dawn comes less than 2 hours into the flight, and the sun rises one hour later. At this point, in New York the time would be 3:00 a.m. However, the time on the ground would be 4:00 a.m., and sunrise is extremely early as the plane has traveled north. Sof zman Krias Shma is at least 1.5 hours later (4.5 hours into the flight). Sof zman tefila is about 5 hours and 15 minutes after takeoff (at the earliest). One can daven Mincha about 8 hours hours after takeoff. c) Flights taking off in the early afternoon may allow for easier time calculations without an inflight zmanim chart. For example, if one takes off from Newark at 1:30 p.m. in the winter and lands in Tel Aviv at 7:10 a.m. (the next day), one can daven Mincha before boarding and Maariv on the plane after it gets dark. The sun will rise around landing time, and one should daven Shacharis after arrival in Eretz Yisroel. In the summer, one could daven Mincha onboard shortly after takeoff and Maariv after it gets dark. One can daven Shacharis after landing (or onboard, an hour before landing). 2) Westbound Flights a) Leaving late at night in the early winter - Depart Tel Aviv at 12:30 a.m. and arrive in New York at 5:40 a.m. During the entire flight, it is dark outside so no tefilos are required on board. This is true because one davens Maariv in Eretz Yisroel and Shacharis in New York when the sun rises, over an hour after his arrival. b) Same flight in the early summer - Daven Maariv in Eretz Yisroel. Dawn will arrive a little after 3 hours into the flight. However, one can wait until landing to daven Shacharis. Since one16 may not eat17 after dawn18 before Shacharis, one would not be allowed to eat for much of this flight without davening Shacharis. Furthermore, this would be an extremely difficult flight on a fast day (especially the 17th of Tamuz), since dawn comes early in the flight. At this point, one could not eat for the rest of the flight, as well as the full day after landing in New York, making this fast close to 24 hours long. c) Flights that leave in the morning - Depart Tel Aviv at 10:40 a.m. and arrive in New York at 3:45 p.m. Daven Shacharis in Eretz Yisroel and Mincha in New York. No tefilos are required onboard. It is recommended to avoid such a flight on a fast day, since one would be required to fast before, during and after this 12 hour flight. C O N T I N U E D O N PA G E 7
10. The regular version – simple interface 11. Features include GPS positioning, map editing of routes to reproduce the actual route, and a zmanim calculator that can be applied to any location on the map. 12. One should be “machmir” (strict) in the time range provided and wait until he is certain the zman has arrived. For additional features on MyZmanim.com, see footnotes #13 and #20. 13. Therefore, MyZmanim provides travelers with two sets of zmanim data for bi-directional flights so they are prepared, whether the flight is traveling eastbound or westbound. Still, one most know which data set to use. As indicated, ChaiTables has an advanced interface which addresses such issues. 14. For example, if the chart says it is tzais hakochavim, look out the window to confirm that it is dark and then daven Maariv. If the chart states the sun has risen, look out the window to confirm that it is clearly daytime (see footnote #8). It should also be noted that some flights have darkened windows so that passengers can sleep. One should be cognizant of this and realize that on such flights, a “dark” window is not an accurate gauge of the actual time. A rav who is an experienced traveler related to me that he mistakenly davened Maariv when he saw a “full moon in the dark sky” and was later told that the windows on his Dreamliner flight were darkened and the “full moon” was actually the sun! 15. Determining various zmanim by looking out the window is not simple. For example, alos hashachar is difficult to confirm. The exact time of sunrise for vasikin is virtually impossible to confirm while flying. Mincha Gedola is more difficult to confirm by looking out the window and requires understanding the plane’s direction and location of the sun. Generally, if the sun appears out the window southwest, west or northwest of the plane one can daven Mincha. 16. This halacha applies to men. Women may eat after dawn once Brachos are recited. 17. One may, however, drink most beverages after dawn or even after sunrise. 18. Certain eating restrictions before Shacharis begin every day a half-hour before dawn. See Mishna Brura 89:27.
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Time Flies:
C O N T I N U E D F R O M PA G E 6
A GUIDE TO TIME-RELATED HALACHOS WHEN FLYING
V. Polar Flights Today, more commercial flights fly near the North Pole than ever before. An example is United #179 from Newark to Hong Kong, one of the longest of all Northern Hemisphere commercial flights originating in the United States. Flight records reveal that this 8,047 mile flight can fly close to the North Pole.19 As indicated, an array of halachic issues arise when traveling in the Arctic. Additional issues may include going backwards in time – from early morning post-sunrise to pre-dawn, or from afternoon to morning – repeating or skipping a day due to crossing the International Dateline, and possibly flying in and out of Shabbos when traveling on Friday or Sunday.20 While these issues are beyond the scope of our discussion, one should consult a rav before taking such flights. VI. Plan Ahead People often look for the cheapest deal on airline fares. When looking for flights, it is also worthwhile to take flight times and dates into consideration.21 Just as we spend extra money on “hidur mitzva” (performing mitzvos in the nicest manner), it is
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typically worth a few extra dollars to book a flight that offers better davening times, and locations and the ability to daven with a minyan. Some non-stop flights are more ideal, as one may arrive at his destination earlier to daven with a minyan. Sometimes a stopover may not be as easy as a non-stop flight, but it may allow for a better opportunity to daven properly. Scheduling a flight with the above in mind will allow us to fulfill mitzvos in the most ideal way. 19. The exact route of this 15 hour flight can change slightly, causing possible halachic ramifications. For example, if the above flight reaches 89o N (1o from the North Pole) but stays on the European side of the North Pole, the flight technically goes east and does not cross the Dateline so no day is skipped. If it reaches 89o N but stays on the Alaskan side of the North Pole, the flight is going west and crosses the Dateline, “skipping an entire day”. The “eastbound” and “westbound” routes above come within 140 miles of each other, yet the halachos regarding these flights will be different. 20. Because of these issues, MyZmanim.com prepares the traveler as best as possible by providing important additional data (e.g., when the aircraft enters and leaves the Arctic, when it crosses the Dateline, etc.). 21. People with non-refundable tickets for flights involving halachic difficulties (e.g., how to light the menorah on Chanukah, how a bechor can partake in a siyum on Erev Pesach, etc.) often have shaalos. Many of these issues could have been avoided with a calendar and proper advanced planning.
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