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- Smoothies: A Kosher Primer
There are few things as synonymous with summer as a fresh, cold fruit smoothie, a classic hot weather staple for many. During the summer months, the STAR-K hotline gets inundated with calls from consumers requesting guidance to ensure their smoothies are as kosher as they are delicious. While plain fruits and vegetables are often inherently kosher, several of them do have a major kashrus nemesis: bugs! Those perfect looking strawberries, raspberries, blackberries, and blueberries frequently host several common insects, like thrips, aphids and mites. Another item that has been gaining popularity are juiced vegetables. Kale, cilantro and spinach are among the more popular vegetables that are juiced and then enjoyed as a drink. These, too, can present a significant challenge to ensure that they are insect free. The following is a short guide to assist you in preparing your favorite kosher juiced or blended beverage. No Checking Required There are many delicious fruits and vegetables that do not present any issue of infestation and need no special preparation to be eaten whole or used in smoothies. These include apples, bananas, carrots, cherries, eggplants, grapefruits, lemons,[1] limes, mangos, melons, nectarines, oranges, papayas, passion fruit, peaches, pineapples,[2] plums, squashes and tomatoes. For a complete list of fruits and vegetables that require checking, along with instructions for checking different types of produce, go to checkforinsects.com Problematic Produce Then there are berries. According to statista.com, strawberry is either the first or second most popular smoothie flavor in the United States (the other being banana). The insect issue with strawberries is well known and the process needed to clean them well documented. The question that rabbonim receive constantly is, “what if I am using frozen[3] strawberries and blending them?” The answer to that question depends on a few factors. But first, the halachic background. The Halacha The Torah prohibitionof eating insects is severe. Depending upon the type of insect eaten, a person can violate as many as six Biblical prohibitions[4] for each insect ingested. Furthermore, the negative spiritual effect that eating shratzim (insects) has on a person is particularly detrimental.[5] There are three categories defined by Halacha regarding the specific items that need to be checked: Category 1: rov/muchzuk – something that is infested a majority of the time (over 50%) Category 2: miyut hamatzui –something that contains a significant percentage of infestation, although less than a rov Category 3: miyut sh’eino matzui –something that is infested rarely or infrequently[6] We all know that there is a concept in Halacha known as bitul (nullification). If a prohibited substance is present in a very small amount, typically 1:60, in many cases it is considered nullified and no longer prohibited. However, there are a couple of exceptions and caveats to this leniency. First, there is a halachic concept of ein mevatlin issur l’chatchila (i.e., one may not perform the nullification process with specific intention to nullify the prohibited item).[7] For example, if milk would fall into one’s cholent, but there is not enough to be 1:60, one is not allowed to add more cholent to the mixture in order to reach 1:60. Furthermore, if one would intentionally add more cholent for the purpose of achieving 1:60, it would not even help and the cholent would remain prohibited.[8] Secondly, if the prohibited substance is a complete entity (berya) like a whole insect, it is not able to be nullified at all, even if 1:60 is achieved.[9] When making a blended smoothie from fruits that have infestation concerns, the final product would likely have insect particles mixed inside. While distressing and unappetizing, the blended mixture meets the 1:60 threshold and avoids any concern of a berya so long as the mixture is of a smooth and fine consistency. The question then becomes: is this permissible to do? Blend Away! If the items you are using are from Category #1 (rov/muchzuk, most of the time infested), it becomes difficult to justify making a smoothie from them. Items that fit this category would include raspberries, blackberries, curly kale[10] (both conventional and organic) and pretty much all organic infestation-prone[11] fruits or veggies. It would also include infestation-prone items that are pick-your-own. Since these farms need to allow people to roam their fields and orchards, fewer chemical pesticides are used, and the produce is considered for these purposes in the same category as organic.[12] Making smoothies from items in category #1 is not permissible. Even to have it made for you by a non-Jew is not allowed. The fact that you are asking or ordering it to be made for you is considered the same as if you were making it yourself.[13] However, if the items you are using are in Category #2 (miyut hamatzui/sometimes infested), it is permitted to make a smoothie without needing to check the fruit first. Since your intention is to make a smoothie, not to specifically destroy the insects, there is no issue of ein mevatlin issur l’chatchila. This is known in Halacha as ein kavanaso l’vatel – your intention is not specifically to nullify the prohibited substance. In cases where the prohibited item (in this case, fruit) is only prohibited d’rabanan, (i.e. due the issur of berya), this is permissible.[14] This would mean that any conventional (non-organic) frozen strawberries or blueberries can be blended without the need to check first. If you are using conventional (non-organic) fresh fruit or veggie greens, they must be washed well[15] prior to being juiced, but no actual checking is required. Unwashed fresh fruit or veggies even from this category cannot be used, as before they are washed they contain more insects and could possibly be considered rov/muchzuk (Category #1). One important point to keep in mind is that the items need to be purchased or acquired with the intention to make smoothies.[16] If they were purchased with the intent to use whole and later you realized that it isn’t permitted, a rav should be consulted to determine if you can still blend them. An evaluation needs to be made if this scenario would be considered mevatlin issur l’chatchila. It should be noted though that longstanding STAR-K policy is to only allow our certified establishments to use fruits and vegetables that have been actually checked prior to use. Juicing Juicing presents a slightly more complicated scenario since the vegetables are usually just squeezed or pressed, not blended. Squeezing does not necessarily destroy insects. Most juicers, however, have a filter which allows the water or juice to pass through and holds back the actual pieces of vegetable. If the filter is at least 200 mesh/70 microns, it would then effectively filter out any insects. Smoothie Bars and Stores Smoothie stores that prepare drinks to order may also present kashrus issues unless they are properly certified. Many times, organic fruits and vegetables are used. In addition, there are often grape juices added to some blends as a sweetener. ‘Fruit juice added’ can often refer to the addition of grape juice or a mix of juices that can possibly contain grape juice as well. Furthermore, many smoothie establishments offer additives of whey, vitamin, and protein powders, all of which need reliable kosher certification. Lastly, collagen powders have become very popular as an additive to healthy drinks and these are certainly not kosher. Therefore, we would recommend that consumers purchase smoothies only from stores or stands with reliable kosher certification. Bottom Line For those who like to skip the article and get to the ‘bottom line,’ here are the key points to keep in mind: Fruits/vegetables that have no insect concerns may be blended/juiced whether they are conventional or organic. Fruits/vegetables that have some insect concerns and are conventional (with a few exceptions; see #3 below) can be blended into a smoothie so long as you purchased them with the intention to make smoothies. Fruits/vegetables that have major insect concerns (e.g., raspberries, blackberries, and curly kale[17]) and are either organic or conventional; all organic greens; and unwashed conventional fruits or leafy greens, may not be used in smoothies. Smoothie bars/stores have a number of potential kashrus concerns and should be avoided unless they have proper kosher certification. If you want to know the reasoning for any of the above, please read the article! Feel free to call the STAR-K hotline with any kashrus or other Halacha questions. For more resources and guides to vegetable checking, go to www.checkforinsects.com. Have a great, safe and gezunte summer! [1] Many citrus fruits may have scales on the exterior peel, but the fruit is clean. [2] Once properly peeled. IQF (Individual Quick Frozen) fruits are usually peeled adequately. [3] The fact that any item is frozen does nothing to change its kashrus status vis-a-vis infestation. Insects actually are preserved perfectly well when frozen. [4] There are three types of sheratzim: sheretz hamayim which is four lavin; sheretz ha’aretz which is five lavin; sheretz ha’of which is six lavin. The איסורים are listed in ויקרא פרק י”א and דברים פרק י”ד. [5] ע’ שו”ת ודברת בם (פסקי הגר”ד פיינשטיין זצ”ל) סימן ר”י. וכן יעוין בספר בדיקת המזון כהלכה מאת הרב משה ויא שליט”א שער ראשון פרק א’ שמאריך בזה [6] As we know, the Torah was not “given to angels,” and we are not expected to be able to avoid eating something which we can’t see. In truth, the insects we are discussing are all considered by Halacha to be visible to the naked eye, nir’eh l’einayim. This means that they can be seen without the aid of any special magnification or tools. A jeweler’s loupe or light box may be used to make checking easier, quicker, and more efficient, but they are not used to find insects that otherwise would not be visible due to their size ע’ אגרות משה יו”ד ח”ד סימן ב’. The fact that bugs can hide in the crevices of a strawberry or raspberry or in the folds of kale does not make them invisible to the naked eye (ע’ חכמת אדם כלל ל”ח סי’ ח’, ערוה”ש סי’ פ”ד סעיף ל”ו). יו”ד צ”ט סעיף ה’ [7] [8] Ibid. יו”ד ס’ ק’ סעיף א’ [9] [10] As opposed to baby kale or Tuscan kale, which have much flatter leaves. [11] This does not include organic fruits that are not known to harbor infestation, such as mangoes, cherries, etc. [12] They can still be checked/washed per instructions found at www.checkforinsects.com. [13] See דרכי תשובה ק”ח ס”ק כ’ However, buying pre-made blended items (i.e., not custom blended for you), like commercial raspberry juice, is permitted. יו”ד סי’ פ”ד ש”ך ס”ק ל”ח וט”ז ס”ק כ’ [14] [15] ‘Washing well’ means soaking in a detergent-based solution and rinsing thoroughly. [16] Having an ‘intention’ does not require an actual verbal or non-verbal confirmation; so long as one has in mind when they are purchasing or acquiring a frozen item (e.g., strawberries) that its purpose is for smoothies, that is sufficient. [17] This restriction does not apply to flat or baby kale. Source: www.star-k.org/articles/kashrus-kurrents/9259/going-down-smooth-a-kosher-primer-to-halachic-blending/ The views and opinions expressed in this program are those of the presenters & authors and do not necessarily reflect the views or positions of other halachic opinions or the entities they represent. The mission of the Kashrus Awareness Project is to inform and educate the kosher consumer to know what to look out for and what to inquire about. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. For all questions you have regarding halacha, please consult with your own morei derech. We recommend to always double check and seek out the latest information available.
- How to enjoy kosher Summer Slurpees
The Slurpees have taken over! Enough Slurpee drinks are sold in the United States each year to fill 12 Olympic-size swimming pools, and more than 40% of those are sold during June, July and August, according to the Slurpee Headquarters. The question is not, “Why do people drink Slurpees?” That has an easy answer: because they’re good. However, “Are kosher consumers drinking Slurpees?” does not have such an easy answer. Traditionally, the cRc has provided a list of the Slurpee syrups that bear a reliable kosher certification. We have always left the decision of purchasing and drinking the Slurpees to the discretion of the consumers. However, Slurpees have been under intense kosher scrutiny and kosher consumers are growing uncomfortable with the idea of unsupervised machinery. We have therefore responded to these concerns by actually certifying (free of charge) the Slurpee machines in the 7-11 located on Touhy which is in the Jewish neighborhood in Chicago. For those that do not have the luxury of purchasing Slurpees from certified machines I am going to ask and try to answer four important Slurpee questions, and, in so doing, I hope to address some of the pressing concerns in our communities regarding the delightful icy beverage. Is the Slurpee I’m drinking kosher? A Slurpee is made from carbon dioxide, water and syrup. As of today, most Slurpee syrups are certified kosher, both pareve and dairy, with some varieties not certified at all. This first question stems from an increasing anxiety that 7-Eleven franchises, independently owned and operated, are allowed to contract the use of generic-brand syrups for their Slurpees. Owners might want to do this in order to save a few dollars. Rest easy, kosher consumers—the franchises have a contract with corporate 7-Eleven: if an independently owned and operated franchise uses generic brand syrups, they must place a hand-written flavor sign on the machine. This alerts consumers and corporate representatives, who visit regularly, that the particular store is adhering to its contract with corporate 7-Eleven. If it is not in keeping with the contract, that franchise has much greater problems than kosher. This, of course, is only a concern in franchised cities and states (like in Chicago, Detroit, Boston, New York, New Jersey, etc). The states with corporate-owned stores (like Texas, Utah, Colorado, etc) do not even have the option of the generic brand. John Ryckevic, Slurpee Category Manager in Texas, says they are working to eliminate generic brand flavors completely: “I’d be surprised if there were five places left still using the off-brand flavors.” 7-Eleven stores are allowed to rename the flavors (for example, Fanta Grape may be called, “Grape-A-Liscious”), but the signs will be professional, designed signs. Somewhere on it, it should even have the name brand. Consumers must look for these signs and be careful to notice that the name change is simply a name change, and that the kosher status has not changed at all. Keeping abreast of the syrup flavors is important for kosher agencies and consumers alike. Just recently, I visited a local franchise. I was escorted to the back to confirm the flavors’ kosher status, and I noticed a suspicious ingredient on the label of a certified syrup. It took a few days to clarify that it was, indeed, kosher, but it did catch the kashrus agency by surprise. Is there a problem with the Slurpee machines? Operating with the knowledge that almost all known Slurpee syrups are kosher, it is still important to relay that the minute amount of dairy or non-kosher in the flavors would not change a machine’s status to dairy or non-kosher. Not only is the machine itself set at 28°Fahrenheit, it is highly unlikely that the Slurpees would sit in the machine for anything close to the 24 hour kosher deadline of when, at that point, flavors may be absorbed into the walls of the utensil holding it. Here’s why: the barrel of the machines holds 92 ounces of finished Slurpee product, and 7-Eleven’s top-selling Slurpee cup is 22 ounces, which means that approximately 4.5 large cups of Slurpee are held in the machines. Obviously, the Slurpees in the machines are replaced constantly. Consequently, the cRc can safely and confidently announce that there are no problems with the Slurpee machines. Now, what if 7-Eleven puts a kosher pareve flavor in a machine that previously held a non-kosher or dairy flavor?What if leftover non-kosher or dairy syrup infiltrates my pareve flavor? While certainly not the common occurrence, it is a possibility because, generally, stores do not clean the machines between flavors. As a matter of fact, they claim that kids love getting mixed flavors. While this might happen on occasion, the many poskim that I spoke to on this matter all agreed, for various Halachik reasons, one does not have to worry about the small amount of leftover dairy or non-kosher flavor. Bottom line, Rabbi—What should I do? There are three possible options that the cRc recommends for enjoying your Slurpees and in turn, scoring brownie points with the kids: 1) Best Case Scenario –Ask your local franchise to seek certification on their Slurpee machines. This way, the kosher agency personally supervises all ingredients, and ensures that what’s in the back of the store is oh-so-thrillingly oozing out into the monster cups. They will also make certain that no non-kosher (and in some communities –no dairy) syrups will even enter the store. 2) Second Best Choice –Before purchasing the Slurpee, ask to see the actual flavor boxes that feed the machines. If they check out all right, you should feel 100% confident buying and slurping them. 3) Final Choice –Continue as status quo. You have good reason to slurp worry-free, since there is very little chance that there is anything in the machines other than what is portrayed on the genuine Coke or other brand-name signs. Remember, we have also established that the machines are Halachically acceptable. Oh, by the way, how dairy is the Diet Pepsi Slurpee? The challenge of the Slurpee is to get it to pour out at 28°Fahrenheit. In the regular (non-diet) Slurpees, the sugar lowers the freezing temperature, allowing it to give the Slurpee the right slushy consistency. Diet cola products, as we all know, lack sugar, so the flavor chemists must be creative. Diet Pepsi syrup is sweetened with a combination of 3 sugar substitutes: sucralose (Splenda), tagatose (dairy) and erythirtol. Incidentally, the Diet Pepsi syrup was the first item in the United States in which tagatose was used successfully. Erythritol and tagatose are known as bulk sweeteners, and their primary role is to replace the sugar’s magical function of lowering the freezing point. Sucralose is the high intensity sweetener. So, how dairy is the slurpee with the tagatose? Can you drink it after eating a roast beef sandwich? Well, it is important to Slurpee Corporate that tagatose does not affect diabetics or those who are lactose-intolerant. However, being safe for lactose-intolerance does not necessarily mean Halachically non-dairy. A small lesson in digestion: When we digest dairy foods, our bodies use an enzyme, called lactase, to properly break down the lactose in our systems. Lactose is a disaccharide, a molecule containing two simple sugars called glucose and galactose. The human body, whose lactase supply is diminished as it ages, must use its lactase enzymes to split the lactose into its individual sugars before the individual sugars can be digested. In the case of tagatose, the manufacturer splits the lactose and processes the galactose into tagalos. Finally, then, tagatose does not require the breakdown system that lactose requires, but tagatose is still very much dairy. Although the amount of tagatose in the whole Slurpee mixture is small enough to be considered botul (nullified) in Halacha, it is not that simple, and in this particular case it may not be botul. The very fact that it plays an important role in the Slurpee’s consistency may render it Halachically significant. Logic would tell us, that an ingredient can not be botul (meaning, as if it wasn’t there) if without it, the end product would either look or taste different. I have asked many poskim on this and, indeed, received opinions on both sides of the issue. But HaRav Gedalia Dov Schwartz, our Av Beis Din, is of the opinion that tagalos does retain its dairy status, and therefore a dairy Slurpee should not be slurped by those who’ve just finished a roast beef sandwich. So, the Slurpee situation slushes on. Surely, shuls and schools can rest assured—with summer sidling into Skokie, and the certification certain and strong, Shlomos and Shiras should slurp their ways through the long, sizzling season. Rabbi Sholem Fishbane is cRc Kashrus Administrator Questions or comments about this article? Send to officeofrabbifishbane@crckosher.org The views and opinions expressed in this program are those of the presenters & authors and do not necessarily reflect the views or positions of other halachic opinions or the entities they represent. The mission of the Kashrus Awareness Project is to inform and educate the kosher consumer to know what to look out for and what to inquire about. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. For all questions you have regarding halacha, please consult with your own morei derech. We recommend to always double check and seek out the latest information available.
- Slurpee Confidential
Editor’s Note: The STAR-K Slurpee List is a compilation of flavors certified by an array of reliable kashrus certification agencies. Optimally, either the individual 7-11 store should be kosher certified or the consumer should check the kashrus of the syrup himself by checking the back of the machine. Many stores have been known to allow this. If neither option is available, this article will address the halachic basis for relying on The Slurpee List at any 7-11 store located in the United States. One of the ways we mark the change of seasons is by eating and drinking the foods we associate with that particular time of year. The Rambam advises in Hilchos Deos1 that one adjust his menu with the seasons, eating warm spicy foods in the winter and cool, less seasoned ones during the warmer months: hot hearty soup (or microwaved leftover cholent!) on a cold winter night, watermelon at a summer BBQ and, of course, ice-cold Slurpees on a hot humid Baltimore afternoon. Given our weather challenges, it makes perfect sense that the concept of a Kosher Slurpee List originated here at the STAR-K Vaad HaKashrus of Baltimore. Yes, our very own Rabbi Tzvi Rosen, shlit”a, (editor in chief of this fine publication), published the very first Slurpee list in June 1998. This is a day still celebrated by thousands of sweltering Yidden, who find relief in the form of the ingenious frozen concoction known as the Slurpee. What’s a Slurpee? For those of you who have led Slurpee-deprived childhoods, may I offer my heartfelt condolences – and an explanation? Slurpee is a registered trademark of the 7-11 Corporation, and what they call their “Slurpee” frozen beverage has the consistency of heavy wet snow (the type that’s really hard to shovel). It comes in dozens of flavors and basically consists of water, syrup, and carbon dioxide. If you have never had one, you may be one of the last people on the planet not to have done so. Per an article in Newsday in July 2018, “According to 7-Eleven, 14 million Slurpees are sold each month, with the top flavors being Coca-Cola and Wild Cherry. Since the Slurpee was introduced in 1966, 7-Eleven says 7.2 billion have been sold – one for nearly every person on the planet.” (Well, everyone except for you, who have never had one. If you’re waiting until the end of this article to find out if you can buy your first Slurpee, brace for brain freeze – You Can!) Typical Scenario: You’re driving a van full of little “angels” home from Yeshiva and you decide to reward (bribe)them for another successful carpool run. You pull into 7-11 and offer to buy everyone a Slurpee. The kids head over to the machines and start taking what they want: one gets Coke, another Cherry, and, of course, somebody wants the new flavor of the month, i.e. ‘Kumquat Super Berry Blast (KSBB)’. 2 Being a good kid, he asks you – the responsible all-knowing adult – if it’s kosher. Of course, you roll your eyes and try to convince him to get the Coke which you know is kosher (you think). He rolls his eyes (of course), and you start to sweat a little and look longingly at some of the adult beverages one aisle over. Another kid suggests calling STAR-K, and you sigh with relief as you hear the “angels” singing while you speed-dial the 911 of the Kashrus world, 410-484-4110. A nice South African lady answers your call and, after you ask your question, you hear her scream out, “Slurpee emergency, Stat!!” The office LSP (Licensed Slurpee Professional) consults The Slurpee List. The nice lady tells you KSBB (Kumquat Super Berry Blast) is okay. Wonderful. Everyone gets what they want. Shalom al-Yisroel. Behind the Scenes: We went behind the scenes with our local LSP and asked him some burning questions. KK: On what is the Slurpee List based? LSP: The Slurpee List is based on our research that the flavors we recommend are made with reliably kosher-certified syrups. Each store simply hooks the syrup box up to the Slurpee machine, turns on the water, and hits the “On” button. Kosher syrup = Kosher Slurpees. KK: Aren’t you afraid that the non-Jewish owners of the 7-11 in question might substitute a non-kosher flavor? LSP: In a perfect world, all 7-11 stores would be kosher certified. Short of that, it’s fairly easy for you to act as your own mashgiach (kosher supervisor) and check the syrups that are hooked up to the machines. If neither scenario is available, we can halachically address this based on Mareh Oomnaso, 3 the concept that we can trust a non-Jew in certain circumstances based on their fear of losing their livelihood if they are caught cheating. We asked Mike Gallagher MSP (Master Slurpee Professional and the 7- Eleven Sr. Manager for Cold Dispensed Proprietary Beverages) to explain the basis for this “fear”. “Slurpee is proprietary to 7-Eleven and, as such, only approved Frozen Carbonated Beverages can be chosen by franchisees to be used in stores. In the case of Slurpee, even franchise stores cannot deviate from the program. Instead, they must choose from a pre-approved list of flavors – called a “recommended assortment”. Every recommended product is Kosher Certified and due to our authorization, ordering, and distribution processes, it is virtually impossible for a Slurpee machine to have a non- Kosher Slurpee. Contractually, Coca-Cola Classic, Cherry, and Blue Raspberry are required in all stores and franchisees cannot use a substitute product for any of those three flavors. All three flavors are Kosher certified, with Cherry and Blue Raspberry now being made with real fruit juice.” Additionally, each independently owned franchise is contractually required by 7-11 Corporate to label all products honestly. If they were offering an off-brand of cola instead of the “real thing”, they would need to display proper signage with the name of the brand of syrup being dispensed. “7-11 Corporate has field consultants, a district manager of sorts, local merchandisers, as well as regional managers (the Slurpee Police) who visit the stores in their areas to ensure they are adhering to their agreements.” KK: We have heard that 7-11 does not clean out the machines between flavors and that kids enjoy mixing the flavors. Is there a concern that a non-kosher flavor might have made the machine non-kosher, or that some actual non-kosher or dairy Slurpee was mixed in with another flavor? LSP: The first thing to remember is that 99.9% of Slurpee flavors are kosher pareve. The Slurpee machine operates at 28°F, too cold for there to be any blios (absorption of tastes) from a possible non-kosher or dairy flavor. There are also no issues of kavush 4 because of the high turnover of products. There are never flavors that sit in the machines for 24 hours. 5 Regarding leftover non-kosher or dairy product remaining at the bottom of the barrel, we advise consumers that they can still purchase slurpees, based on a number sfekos (halachic doubts), 6 and the laws of bitul (halachic nullification). KK: So, the only thing we need to worry about when buying Slurpees are calories? LSP: Well, there are kosher diet Slurpees available so you can skip the calories too. Stick with The Slurpee List and you can’t go wrong! Happy summer! 7 A Brief History of the Slurpee Like many great inventions, Slurpees were created by accident. In the late 1950s, Omar Knedlik of Kansas City owned a Dairy Queen restaurant. When his soda fountain went down, he improvised by putting some bottles of soda in the freezer to stay cool. However, when he popped the tops he found that they were a little frozen and slushy. Folks loved them and started requesting “those pops that were in a little bit longer”. Realizing he had a surprise hit on his hands, Knedlik built a machine in the back room of his store. Using an automobile air conditioning unit, he managed to freeze the flavor syrup, water, and carbon dioxide creating his first frozen treat. He held a “Name the Product” contest and the winning entry was ICEE. With help from an engineering firm in Dallas, the ICEE machine was redesigned and sold to convenience stores throughout the early 1960s. Things really took off in 1965 when 7-11 licensed the machine, renaming the drink to make it unique to their stores. The name “Slurpee” was coined by Bob Stanford, a 7-11 ad agency director when he described the sound made while sipping the concoction through a straw. רמב”ם הל’ דעות, פ’ד, ה .1 2. FictitiousFlavor רמ”א שו”ע יו”ד, קי”ד, ה .3 4. The Gemara in Chulin 97b states the halacha that food that has been soaked in a liquid experiences the same transfer of taste that we find when food is cooked. This idea is known as Kavush K’Mevushal. The Poskim say the food must be soaking for 24 hours for this to take place. 5. I would be remiss if I did not thank fellow LSP, Rabbi Sholem Fishbane, President of the cRc (Chicago Rabbinical Council), for information that I gleaned from his article, “Slurpees Slurpees Everywhere, Nor Any Drop to Drink?” 6. Considering that almost all Slurpee flavors are kosher pareve, it is more than likely that the Slurpee previously used in this machine was kosher pareve. Even if it was not, the small amount that mixes with your Slurpee is batul. Your intention is not to be mevatel, so it’s not considered bitul l’chatchila. You can also consider that the non-kosher or dairy element in the previous Slurpee was probably also batul in that Slurpee syrup. 7. My thanks to MSP Mike Gallagher, Sr. Platform Manager, Cold Dispensed Proprietary Beverages 7-Eleven Inc., for his invaluable assistance in the preparation of this article. Source: www.star-k.org/articles/kashrus-kurrents/6143/slurpee-confidential The views and opinions expressed in this program are those of the presenters & authors and do not necessarily reflect the views or positions of other halachic opinions or the entities they represent. The mission of the Kashrus Awareness Project is to inform and educate the kosher consumer to know what to look out for and what to inquire about. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. For all questions you have regarding halacha, please consult with your own morei derech. We recommend to always double check and seek out the latest information available.
- Shavuos: Let's Talk Kashrus Newsletter
Gilyon 2 - Milchings on Shavuos Hot topics: Butter on Challah and more halachos regarding dairy foods Food for thought! Here's something to spark a Torah'dige conversation with your family. Make it part of your table talk.
- Know Your A-B-C-DE’s
Let's Talk Kashrus Episode 4 > Milchig on Shavuos Trouble playing video? Scroll down for hosted player Hosted by Rabbi Yitzchok Hisiger By: Let’s Talk Kashrus Know Your A-B-C-DE’s Join an insightful conversation between Rabbi Yitzchok Hisiger and Rabbi Moshe Elefant, Chief Operating Officer of OU Kosher, discussing the differences between the various kashrus symbols related to dairy equipment. Rabbi Yitzchok Hisiger: Rabbi Elefant, first off, thank you for your time. The tzibbur is thirsty for kashrus related content and you giving us from your valuable time is much appreciated. Rabbi Elefant: It is my utmost pleasure. Rabbi Hisiger: We would like to discuss a very relevant question. On supermarket shelves we often see products with an OU-DE (dairy equipment) on the label. What does that mean? How is it different than OU-D? Does it mean there is no milk in the product? Can one eat it with meat? Is it just an allergen statement? I am sure you have been asked this question numerous times. Rabbi Elefant: Yes, we have been asked this question many, many times. In fact, we have a dedicated line where a rav answers kashrus questions, and the most popular question we get is: are classic Oreo cookies dairy or just dairy equipment? We probably get that question three hundred times a week. Now, it may be the same person asking every time, but we get that question very often. The question is, do they actually have dairy ingredients, or were they just made on dairy equipment without the equipment being kashered in between. The moshol I give to explain DE is, when you cook spaghetti in a clean dairy pot you cannot eat it with meatballs, but you do not have to wait six hours to eat the spaghetti if you previously ate meat. That’s what dairy equipment means. The issue is that there are products the company does not want to list as DE and would rather just list as dairy. This is the case with classic Oreos; they are listed as dairy, but in reality they are just made on dairy equipment. Their reasoning is that they want to leave themselves leeway to revert back to dairy in the future. Rabbi Hisiger: Is this change to dairy designation a new development? I remember in the past that some items did have a DE. Rabbi Elefant: Classic Oreo cookies never had a DE. What has recently changed is that the OU started using the OU-DE label. We used to just have OU-Pareve or OU-Dairy which would include dairy equipment as well. We made the decision to add these symbols because many consumers wanted to know if an item was dairy or just dairy equipment. Often, they would try to figure it out by reading the ingredient panel. We were concerned that the average consumer does not have the specialized knowledge necessary to figure out if an item is truly dairy by reading the panel. Since we were concerned that consumers would be misled, the OU changed to using the DE label. On the other hand, it is not so easy to determine if a product can be DE instead of dairy. Firstly, you have to know the halachic ramifications of such a designation. Secondly, and more importantly, even if the product itself is not dairy, the equipment has to be completely clean of dairy items, which can be hard to determine. Going back to my moshol of the spaghetti pot, the spaghetti can be eaten after meat if the pot was clean, but if it was dirty with dairy ingredients the spaghetti is really milchig and you cannot eat it after meat. However, as I said, more and more consumers were demanding this change, so we did it. Additionally, some companies specifically wanted DE. There are three types of companies: Some companies say they are DE and want to be listed as such, some don’t know the difference, or don’t care, and some do not want to be labeled as DE. They say it is not clear, and they don’t want to start with it. These companies, which includs Nabisco the makers of Oreos, are listed as dairy, even though they are really DE. Since the consumers want to know, we make the information available online and over the phone. The only problem with this is that you must keep on checking. Just because it was DE last week doesn’t mean it’s DE this week. That is why we get many repeat callers about classic Oreo cookies; we tell them to keep calling and checking. That is the long and short of DE. It is a very important designation. People want this information, so they can use these products after eating meat and not wait six hours. Rabbi Hisiger: Now, you mentioned about the hotline, can you share the number with us? Rabbi Elefant: Sure, the number is 212-563-4000 or 212-613-8241. All year round we have one Rabbi who is dedicated to answering kashrus questions, and as Pesach approaches we increase our staff to answer more questions. It is always amazing to see how many people are asking questions and want to do the right thing regarding kashrus. Rabbi Hisiger: We are blessed to have you and the other rabbonim to guide us in the proper approach to kashrus. Rabbi Elefant: It is our zchus. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. We do not intend to render halachic decisions, nor do we affiliate with, nor endorse the contents of linked material. The project's mission is to inform and educate the kosher consumer to know what to look out for and what to inquire about., after all, sh’alas chochom is chatzi teshuvah. For all questions you have regarding halachah, please ask you local Rav for guidance.
- Know Your A-B-C-DE’s
Are You Well ‘Equipped’? Join an insightful conversation between Rabbi Yitzchok Hisiger and Rabbi Moshe Elefant, Chief Operating Officer of OU Kosher. Following is a loose transcript of the Q&A session discussing the differences between the various kashrus symbols related to dairy equipment. View it in its entirety Here Rabbi Yitzchok Hisiger: Rabbi Elefant, first off, thank you for your time. The tzibbur is thirsty for kashrus related content and you giving us from your valuable time is much appreciated. Rabbi Elefant: It is my utmost pleasure. Rabbi Hisiger: We would like to discuss a very relevant question. On supermarket shelves we often see products with an OU-DE (dairy equipment) on the label. What does that mean? How is it different than OU-D? Does it mean there is no milk in the product? Can one eat it with meat? Is it just an allergen statement? I am sure you have been asked this question numerous times. Rabbi Elefant: Yes, we have been asked this question many, many times. In fact, we have a dedicated line where a rav answers kashrus questions, and the most popular question we get is: are classic Oreo cookies dairy or just dairy equipment? We probably get that question three hundred times a week. Now, it may be the same person asking every time, but we get that question very often. The question is, do they actually have dairy ingredients, or were they just made on dairy equipment without the equipment being kashered in between. The moshol I give to explain DE is, when you cook spaghetti in a clean dairy pot you cannot eat it with meatballs, but you do not have to wait six hours to eat the spaghetti if you previously ate meat. That’s what dairy equipment means. The issue is that there are products the company does not want to list as DE and would rather just list as dairy. This is the case with classic Oreos; they are listed as dairy, but in reality they are just made on dairy equipment. Their reasoning is that they want to leave themselves leeway to revert back to dairy in the future. Rabbi Hisiger: Is this change to dairy designation a new development? I remember in the past that some items did have a DE. Rabbi Elefant: Classic Oreo cookies never had a DE. What has recently changed is that the OU started using the OU-DE label. We used to just have OU-Pareve or OU-Dairy which would include dairy equipment as well. We made the decision to add these symbols because many consumers wanted to know if an item was dairy or just dairy equipment. Often, they would try to figure it out by reading the ingredient panel. We were concerned that the average consumer does not have the specialized knowledge necessary to figure out if an item is truly dairy by reading the panel. Since we were concerned that consumers would be misled, the OU changed to using the DE label. On the other hand, it is not so easy to determine if a product can be DE instead of dairy. Firstly, you have to know the halachic ramifications of such a designation. Secondly, and more importantly, even if the product itself is not dairy, the equipment has to be completely clean of dairy items, which can be hard to determine. Going back to my moshol of the spaghetti pot, the spaghetti can be eaten after meat if the pot was clean, but if it was dirty with dairy ingredients the spaghetti is really milchig and you cannot eat it after meat. However, as I said, more and more consumers were demanding this change, so we did it. Additionally, some companies specifically wanted DE. There are three types of companies: Some companies say they are DE and want to be listed as such, some don’t know the difference, or don’t care, and some do not want to be labeled as DE. They say it is not clear, and they don’t want to start with it. These companies, which includs Nabisco the makers of Oreos, are listed as dairy, even though they are really DE. Since the consumers want to know, we make the information available online and over the phone. The only problem with this is that you must keep on checking. Just because it was DE last week doesn’t mean it’s DE this week. That is why we get many repeat callers about classic Oreo cookies; we tell them to keep calling and checking. That is the long and short of DE. It is a very important designation. People want this information, so they can use these products after eating meat and not wait six hours. Rabbi Hisiger: Now, you mentioned about the hotline, can you share the number with us? Rabbi Elefant: Sure, the number is 212-563-4000 or 212-613-8241. All year round we have one Rabbi who is dedicated to answering kashrus questions, and as Pesach approaches we increase our staff to answer more questions. It is always amazing to see how many people are asking questions and want to do the right thing regarding kashrus. Rabbi Hisiger: We are blessed to have you and the other rabbonim to guide us in the proper approach to kashrus. Rabbi Elefant: It is our zchus.
- Pizza Worth its Weight
Let's Talk Kashrus Episode 1 > Post=Pesach Pizza Trouble playing video? Scroll down for hosted player The Great Post-Pesach Pizza Rush. Rabbi Fishbane: What you just brought up brings me to another subject. We just discussed potential issues with supermarkets and shops, but then there are the shailos related to restaurants, local bagel stores, and, of course, the pizza shops. I just got an inquiry. Can we let our employees come in on Pesach to turn on the ovens, so that Motzaei Pesach we can get that first pizza out? We’re most vigilant right after Pesach that nothing’s going on, and it’s a big problem. Rabbi Hisiger: Yeah, churning out that pizza within an hour of the zeman… What’s the secret? What’s the real story there? Is the dough sold? Rabbi Fishbane: Yes, many times they’re selling dough, but if done halachically, people buy it. Rabbi Hisiger: Do you have pizza on Motzaei Pesach? Rabbi Fishbane: I’ve got to tell you, in my job as administrator, some years I go to Pesach hotels. Rabbi Hisiger: Right. A topic for a different time. Rabbi Fishbane: Oh my! Listen to this story. It happened at one of the Pesach hotels I was at. In general, at many of these vacations, you almost wouldn’t know it’s Pesach. There’s nothing you can’t get! You’ll have buns at the Chol Hamoed barbecue made from tapioca or whatnot... So one of the things they do in Pesach hotels is a pizza shop. The whole Yom Tov you’re going to line up, you make your own pizza, and it’s delicious. One year, of course, they bring frozen pizza in the trucks, they sell it k’halacha, and Motzaei Yom Tov they start churning out the pizza. Everything’s great - until they run out of frozen pizza! You’d think the olam at the Pesach hotel hasn’t eaten in a week. Before Yom Tov, we give the staff what is called a “sensitivity training.” In addition to halachic concerns that we train them in, we’ll sometimes prepare them for what they are about to experience. I like to call it “three Thanksgiving meals a day.” I often joke that Pesach hotels should start charging by weight. They weigh you when you come in, and weigh you when you leave, and charge you per pound. Jokes aside, that year, on Motzaei Pesach, they ran out of frozen pizza. So they took the leftover kosher l’Pesach pizza, which was gluten-free, and no one knew the difference! It was so good! So here’s my dilemma as a rav hamachshir. Do I get up and announce, “Rabbosai, stop washing netilas yadayim. It’s gluten free!” Do I reveal the secret? Of course, we go with hala cha, period. But I just remember that year because it was quite amusing. So, yes, it is difficult to churn out enough pizzas and you have to be innovative, alert, and knowledgeable. For example, the pizza ovens, in order for them to be heated up and ready to churn out the goods, are kept on low during the second days of Yom Tov. There are shailos that you need to be prepared for. Rabbi Hisiger: Thank you, Rabbi Fishbane. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. We do not intend to render halachic decisions, nor do we affiliate with, nor endorse the contents of linked material. The project's mission is to inform and educate the kosher consumer to know what to look out for and what to inquire about., after all, sh’alas chochom is chatzi teshuvah. For all questions you have regarding halachah, please ask you local Rav for guidance.
- Bourbon She'avar alav HaPesach
Ep 2: Shopping after Pesach + Taking shots at Bourbon Trouble playing video? Scroll down for hosted player Is that chometz in your shopping cart? The relief of walking into a supermarket after Pesach and being able to buy anything is a welcome reprieve from checking labels and avoiding so many products. Don’t trust your instincts blindly, though. If it’s chometz she’avar alav haPesach, it may be more than you bargained for. What’s the deal with my mega post-Pesach restocking order? Join a revealing conversation between R’ Yitzchok Hisiger and R’ Sholem Fishbane, Kashrus administrator of the Chicago Rabbinical Council and Executive Director of AKO, the Association of Kashrus Organizations as they guide you on what to add to your cart. The following is a loose transcript of the Q&A session. Rabbi Yitzchok Hisiger: I think most people grapple with chometz she’avar alav haPesach every year. What am I allowed to buy? Where am I allowed to buy? What’s the answer? Rabbi Sholem Fishbane: Well, I wish there was a short answer. The truth is, that every year it changes. Recently an AKO post-Pesach committee was created, it is chaired by Rabbi Yaakov Luban from the OU. Members of the kashrus agencies come together to share i nformation and work on specific issues. The first thing we do when it comes to chometz after Pesach is we look at the national chains and distributors and try to figure out whether they are Jewish owned. Then we get into the more complicated scenarios where stores are partially owned by Yidden, or when the key decision makers are Jewish. All of these obviously have major ramifications on halacha. After all the research is done, we then look at the practical applications. The way we divide the post-Pesach list is by category. We list all those that have no Jewish involvement, like CVS, Sam's Club, and Wegmans.The next category is the publicly traded companies with a non-Jewish owner and several Jewish distributors. To point out an example of a problem that arose, last year the frozen section at Target was under one category and the non-frozen items were in another; there were two different distributors. Which means we need to be extra vigilant before we rely blindly. If you’re able to buy from the Target frozen section, that doesn't mean that you can buy their produce. Additionally, the store lists change from year to year, especially with COVID related supply chain disruptions. The scrambling for products has changed everything. Chometz she’avar alav haPesach is a very serious inyan, and consumers should stay informed about industry changes like these. I want to share a story that emphasizes the importance of properly researching the validity of mechirah over Pesach. A Rabbi, a Senator, and a Distiller raise the Bar Many years ago, we were invited to a large bourbon and spirits factory. They asked us to certify their product for their Israel market. The problem was interesting, because in Eretz Yisroel, the Rabbanut is very makpid on yoshon. So the question at hand is, was the wheat used to make the vodka, yoshon? I remember we walked through the factory and then we sat down to discuss the matter with them. As I was getting up, I said, “Oh, I forgot to ask one thing, by the way, is this factory Jewish-owned?” He looks at me and says, “Yeah.” I said, “Is it fully Jewish-owned?” And he said, “I can’t tell you that.” And I asked, “Do you know if the chometz was sold?” He had no idea what I was talking about. He thought we were talking about mevushal because they knew that when they donated to the local Federation, it always had to be mevushal. So he says, “But Rabbi, it was co oked!” The halacha of chometz she’avar alav haPesach was so foreign to him. It took six months to research if he was actually Jewish, not just from his father, or ‘culturally Jewish’. He happened to be well-known within the political circles, so we ended up calling a senator who grew up with him. We also had to investigate if it was fully Jewish-owned. Anyway, it was a fascinating halachic question. So Reb Yitzchok, let me ask you, if you were the owner and I, or any other Rav Hamachshir, knew that this is chometz she’avar alav haPesach which we assume Chazal made to encourage you the owner to not have chometz on pesach. Do I have to announce that to the world? In Brisker terms, is it a din on the gavra or is it on the cheftza? Now, one of the things AKO has is what we call an AKO Beis Din. It doesn’t convene often, but when it does, boy, is it a serious thing. The poskim of the major agencies come together to solve very complex sh’ailos. We had to gather the Beis Din for this, because since this individual owned so many products this problem was so far-reaching. It would affect Jewish events, simchos, and individual consumption all over. The Beis Din came to the maskanah that yes, chometz she’avar alav haPesach is so serious in the eyes of Chazal and I must raise awareness about this. So R’ Yitzchok, can you imagine the call I had to make to this factory? “Yeah, I just want to follow up on your request to be kosher, well, not only can you not be kosher, but I’m about to tell the world that the majority of your products may not be used.” Boy, did that not go over well. But sometimes the Ribono shel Olam shows that when you do the right thing, it works out. I don’t remember how much later it was, but one day the guy called us back and said, “You know what? We were so impressed with your authenticity, it was an incredibly uncomfortable thing for you to do what you did, it could have had legal ramifications too, but you just stuck to the letter of Jewish law.” And then he tells me “I want to do this right, what can we do to make our product kosher?” I said, “Well, generally when you have a company that’s Jewish-owned, we sell the chometz before Pesach and buy it back after Pesach”. He looks at me and says, “Well, according to federal law, every time I buy or sell liquor I’m required to pay tax, that’s going to cost me at least $300 Million in taxes every Passover!” He looks at me and says, “Well, according to federal law, every time I buy or sell liquor I’m required to pay tax, that’s going to cost me at least $300 Million in taxes every Passover!” Rabbi Hisiger: For real? Rabbi Fishbane: Yes, since it’s a bona fide sale. I start throwing at him Chasam Sofers, but he cut me off and asked, “Rabbi, is this a real sale or not?” And I tell him “Of course it’s a real sale.” In the end we came up with a creative solution. He agreed to put away a hundred barrels every year so that a non-Jewish person would own it fully all the way until bottling. They would also mark off the barrels so they wouldn’t be touched, and in 10 years we’d have authentically kosher bourbon! Rabbi Hisiger: Ingenious. Did he have to pay tax on that? Rabbi Fishbane: No, it was a different type of sale. But the point I want to bring out with this is his question, which really sheds light on the whole inyan of chometz she’avar alav haPesach. Most of the sales, when done right, are legitimate. But the issue is that some factories stay open on Pesach and continue to operate as if that contract did nothing to them, that is somewhat of a ha’arama. The tzibbur wants to stay away from that. They take this very seriously. So part of the research into where you can and cannot shop after Pesach includes investigating the type of mechira that was done. The bourbon industry has spilled over from being the safest walk-a-straight-line mashkeh to an area fraught with kashrus problems. This is because, inherently, bourbon is an aged drink. Can mashgichim delve into years of shared ownership and aging processes? Rabbi Hisiger: In regards to chometz she’avar alav haPesach, why is there more of a concern with bourbon than other whiskeys? Rabbi Fishbane: Good question. Bourbon is American-made, so it happens to pass through many Jewish hands, whether at the bottling process, the storing, or the distribution, or even behind the scenes. For example, when a bourbon manufacturer runs out of the base alcohol, they might buy it from the Jewish fellow down the block. It’s much more prevalent than with scotch, which is less of a Jewish-owned industry out in Scotland, or Irish whiskey. So bourbon does have more Jewish involvement. Let’s contrast that with the typical application we’d receive to certify potato chips. Day One: application received. On that same day, you can watch the potato be removed from the ground, scrubbed, sliced, fried, with bishul Yisroel ensured if you’re machmir. The next day, it’s in a bag and you’re snacking to your heart’s content, creating a mess in your car. Right? Not so with bourbon. Bourbons are aged. So when you walk into a factory, you need some intel to figure out, okay, what happened here? It’s one of the things that we mashgichim need to have: time machines! You’ve got to recreate the scene. What happened here eight years ago? It’s quite fascinating. Just a short time ago, in relation to kashrus, bourbon was the safest drink; four ingredients, nothing else. I have to tell you that it has exploded the industry. We’ve gotten more knowledge, and it’s not so pashut anymore. Little did I realize that people actually buy barrels and age them in their own basements! There was a yungerman from Lakewood who purchased several hundred thousand dollars of bourbon from a Jewish-owned company that never sold their chometz. He aged it in his cellar, and boy, what a nisayon to have! Should he pour it all down the drain? Can he give it away? These are real shailos for a rav. It’s not pashut. Are you allowed to give it away? How far does the gezeirah of chometz she’avar alav haPesach go? Rabbi Hisiger: That’s a straight up tough shot to swallow. Now, one of the things that became very popular on Motzaei Pesach, especially among bnei Torah, is to seek out non-Jewish establishments from where to purchase beer and spirits from. People don’t want to rely on a mechirah. I’m not looking to stir up controversy. I’m asking a very practical question. What would you advise them to do? Should they go to their local Jewish grocery store, which ostensibly conducted a bona fide mechirah? Or should they purchase from a local ShopRite? Is there a better mehalech? We’re talking about Motzaei Pesach, or before a couple of days have passed. Where should one buy bourbon? Plus, there’s the mitzvah of v’hechzakta bo to reckon with. Rabbi Fishbane: If you’ve really done your research and that particular supermarket is b’emes not a Jewish-owned establishment, that is a better choice for those who don’t want to rely on the mechirah. But on the other hand, if you are mesupak about the ownership of that chain, or if the distribution company might be Jewish-owned, you might as well purchase from a frum ehrliche Yid who did the mechirah k’halacha. I’m not here to pasken l’halacha. I’m just raising the questions that an educated consumer would wish to be informed about. After all, she’ailas chacham is chatzi teshuvah. In One Shot: With Jewish involvement being more prevalent in the bourbon industry, coupled with its aged properties, an educated consumer should inquire before imbibing. As with all the topics we’re discussing here, the yochid should follow the guidance of their own rav, because indeed there are many who machshir even if the company was jewish owned, specifically when it comes to schnapps. The Takeaway: Your to-do list: Don’t extrapolate from year to year. Seek out available lists from major Kashrus agencies that you trust, and follow their guidelines. A note of caution: make sure you obtain the most recent information compiled for this year. Terms Defined: Chometz She’avar alav HaPesach is a Gezeira d’rabbanan forbidding chometz that was in the possession of a Jew over Pesach. Since the Onesh for Chometz B’Pesach is Kareis, the rabbanan instituted this as a protective measure, and they were very strict about it. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. We do not intend to render halachic decisions, nor do we affiliate with, nor endorse the contents of linked material. The project's mission is to inform and educate the kosher consumer to know what to look out for and what to inquire about., after all, sh’alas chochom is chatzi teshuvah. For all questions you have regarding halachah, please ask you local Rav for guidance.
- The Rise of a New Dough
Episode 3 - The Rising Issue with Sourdough Bread Trouble playing video? Scroll down for hosted player According to a US News & World Report survey, 85% of people reported a change to eating and food preparation due to COVID – and some healthy habits seem to be staying. The rising popularity of sourdough, whether baked at home or commercially, is one of the prominent new diet changes. How does a kashrus issue finish off your starter after Pesach? Rabbi Hisiger: Chometz she'avar alav HaPesach is very relevant with regards to sourdough breads. They’ve become very, very popular nowadays. Today, wherever you go, it's sourdough this and sourdough that. People are making sourdough in their houses and selling it, which is another topic for another day. There's the starter of the sourdough, which is mamish se'or; it's real chometz. Rabbi Fishbane: When we were growing up, sourdough bread was something that they made in the bakery once a week, and they barely sold half of it. You’re right - it is mamish se'or. I think it definitely gained popularity during COVID. In general, the way we eat and prepare food has changed drastically during COVID, because people were home a lot and they started tinkering with various ideas. Our “inner chef” emerged and this fad took off. Rabbi Hisiger: Is sourdough an issue after Pesach? Is it something that people could sell and still use after Yom Tov? Rabbi Fishbane: It's an interesting shailah, and this might make for a geshmake Shabbos Hagadol drasha. Starter, as you know, takes weeks to ferment in order for it to get to that desired state of se'or. Since it's so time-consuming to create, so valuable, and the conditions have to be so right in order to produce it, when you sell it, there’s something called rotzeh b'kiyumo. You don't want the purchaser to come and say, "Okay, thank you very much. Here's $500 for that sourdough and I'll see you next year." It's not so simple. Here is one of those times when you, as a consumer, need to know the shailah in order to ask the rav before. Rotzeh b'kiyumo - does the person really want to sell the item? Rabbi Hisiger: You're saying that the answer is too complicated for this forum, but it's definitely something that people have to keep in mind when they sell their chometz. Rabbi Fishbane: Yes, it is a shailah that has become more relevant to our generation, and consumers should consult with their rabbanim as to their opinions on selling sourdough starter over Pesach. (This shailah is only concerning the sale of personal sourdough starters. Rotzeh b’kiyumo would essentially leave you in possession of chometz on Pesach, and therefore even after Pesach it would still be assur b’hana’ah. Regarding buying from a store after Pesach, however, there is no concern, because even if the sale is rotzeh b’kiyumo, that is only a personal issur hana’ah for the person who sold it. I’m not here to pasken l’halacha. I’m just raising the issues that an educated consumer would want to know more about. After all, she’ailas chacham is chatzi teshuvah. The Takeaway: From Start to Finish Sourdough starters are a work of heart. Even if sold over Pesach, it’s questionable if the seller was truly willing to part with it, and if they are anxious for it to be returned. Ask your rav before you get started. Is the mechirah of sourdough considered legitimate? This shailah is only concerning the sale of personal sourdough starters. Rotzeh b’kiyumo would essentially leave you in possession of chometz on Pesach, and therefore even after Pesach it would still be assur b’hana’ah. Regarding buying from a store after Pesach, however, there is no concern, because even if the sale is rotzeh b’kiyumo, that is only a personal issur hana’ah for the person who sold it. Terms Defined: "Rotzeh B’kiyumo” The term rotzeh b’kiyumooriginates in Maseches Avodah Zarah. If you desire an object's existence, then it is as if you are deriving hana'ah (benefit) from it. Regarding most chometz that people sell, if the gentile would eat it and pay them fair market value, they would be more than happy. In this case, people would not want the gentile to eat it and pay them for it, because of all the hard work involved in the starter. Thus, it would present a problem of rotzeh b’kiyumo - wanting its existence. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. We do not intend to render halachic decisions, nor do we affiliate with, nor endorse the contents of linked material. The project's mission is to inform and educate the kosher consumer to know what to look out for and what to inquire about., after all, sh’alas chochom is chatzi teshuvah. For all questions you have regarding halachah, please ask you local Rav for guidance.
- The $300 Million Sales Tax
Ep 2 Part B Trouble playing video? Scroll down for hosted player A Rabbi, a Senator, and a Distiller raise the Bar Many years ago, we were invited to a large bourbon and spirits factory. They asked us to certify their product for their Israel market. The problem was interesting, because in Eretz Yisroel, the Rabbanut is very makpid on yoshon. So the question at hand is, was the wheat used to make the vodka, yoshon? I remember we walked through the factory and then we sat down to discuss the matter with them. As I was getting up, I said, “Oh, I forgot to ask one thing, by the way, is this factory Jewish-owned?” He looks at me and says, “Yeah.” I said, “Is it fully Jewish-owned?” And he said, “I can’t tell you that.” And I asked, “Do you know if the chometz was sold?” He had no idea what I was talking about. He thought we were talking about mevushal because they knew that when they donated to the local Federation, it always had to be mevushal. So he says, “But Rabbi, it was co oked!” The halacha of chometz she’avar alav haPesach was so foreign to him. It took six months to research if he was actually Jewish, not just from his father, or ‘culturally Jewish’. He happened to be well-known within the political circles, so we ended up calling a senator who grew up with him. We also had to investigate if it was fully Jewish-owned. Anyway, it was a fascinating halachic question. So Reb Yitzchok, let me ask you, if you were the owner and I, or any other Rav Hamachshir, knew that this is chometz she’avar alav haPesach which we assume Chazal made to encourage you the owner to not have chometz on pesach. Do I have to announce that to the world? In Brisker terms, is it a din on the gavra or is it on the cheftza? Now, one of the things AKO has is what we call an AKO Beis Din. It doesn’t convene often, but when it does, boy, is it a serious thing. The poskim of the major agencies come together to solve very complex sh’ailos. We had to gather the Beis Din for this, because since this individual owned so many products this problem was so far-reaching. It would affect Jewish events, simchos, and individual consumption all over. The Beis Din came to the maskanah that yes, chometz she’avar alav haPesach is so serious in the eyes of Chazal and I must raise awareness about this. So R’ Yitzchok, can you imagine the call I had to make to this factory? “Yeah, I just want to follow up on your request to be kosher, well, not only can you not be kosher, but I’m about to tell the world that the majority of your products may not be used.” Boy, did that not go over well. But sometimes the Ribono shel Olam shows that when you do the right thing, it works out. I don’t remember how much later it was, but one day the guy called us back and said, “You know what? We were so impressed with your authenticity, it was an incredibly uncomfortable thing for you to do what you did, it could have had legal ramifications too, but you just stuck to the letter of Jewish law.” And then he tells me “I want to do this right, what can we do to make our product kosher?” I said, “Well, generally when you have a company that’s Jewish-owned, we sell the chometz before Pesach and buy it back after Pesach”. He looks at me and says, “Well, according to federal law, every time I buy or sell liquor I’m required to pay tax, that’s going to cost me at least $300 Million in taxes every Passover!” He looks at me and says, “Well, according to federal law, every time I buy or sell liquor I’m required to pay tax, that’s going to cost me at least $300 Million in taxes every Passover!” Rabbi Hisiger: For real? Rabbi Fishbane: Yes, since it’s a bona fide sale. I start throwing at him Chasam Sofers, but he cut me off and asked, “Rabbi, is this a real sale or not?” And I tell him “Of course it’s a real sale.” In the end we came up with a creative solution. He agreed to put away a hundred barrels every year so that a non-Jewish person would own it fully all the way until bottling. They would also mark off the barrels so they wouldn’t be touched, and in 10 years we’d have authentically kosher bourbon! Rabbi Hisiger: Ingenious. Did he have to pay tax on that? Rabbi Fishbane: No, it was a different type of sale. But the point I want to bring out with this is his question, which really sheds light on the whole inyan of chometz she’avar alav haPesach. Most of the sales, when done right, are legitimate. But the issue is that some factories stay open on Pesach and continue to operate as if that contract did nothing to them, that is somewhat of a ha’arama. The tzibbur wants to stay away from that. They take this very seriously. So part of the research into where you can and cannot shop after Pesach includes investigating the type of mechira that was done. The bourbon industry has spilled over from being the safest walk-a-straight-line mashkeh to an area fraught with kashrus problems. This is because, inherently, bourbon is an aged drink. Can mashgichim delve into years of shared ownership and aging processes? Rabbi Hisiger: In regards to chometz she’avar alav haPesach, why is there more of a concern with bourbon than other whiskeys? Rabbi Fishbane: Good question. Bourbon is American-made, so it happens to pass through many Jewish hands, whether at the bottling process, the storing, or the distribution, or even behind the scenes. For example, when a bourbon manufacturer runs out of the base alcohol, they might buy it from the Jewish fellow down the block. It’s much more prevalent than with scotch, which is less of a Jewish-owned industry out in Scotland, or Irish whiskey. So bourbon does have more Jewish involvement. Let’s contrast that with the typical application we’d receive to certify potato chips. Day One: application received. On that same day, you can watch the potato be removed from the ground, scrubbed, sliced, fried, with bishul Yisroel ensured if you’re machmir. The next day, it’s in a bag and you’re snacking to your heart’s content, creating a mess in your car. Right? Not so with bourbon. Bourbons are aged. So when you walk into a factory, you need some intel to figure out, okay, what happened here? It’s one of the things that we mashgichim need to have: time machines! You’ve got to recreate the scene. What happened here eight years ago? It’s quite fascinating. Just a short time ago, in relation to kashrus, bourbon was the safest drink; four ingredients, nothing else. I have to tell you that it has exploded the industry. We’ve gotten more knowledge, and it’s not so pashut anymore. Little did I realize that people actually buy barrels and age them in their own basements! There was a yungerman from Lakewood who purchased several hundred thousand dollars of bourbon from a Jewish-owned company that never sold their chometz. He aged it in his cellar, and boy, what a nisayon to have! Should he pour it all down the drain? Can he give it away? These are real shailos for a rav. It’s not pashut. Are you allowed to give it away? How far does the gezeirah of chometz she’avar alav haPesach go? Rabbi Hisiger: That’s a straight up tough shot to swallow. Now, one of the things that became very popular on Motzaei Pesach, especially among bnei Torah, is to seek out non-Jewish establishments from where to purchase beer and spirits from. People don’t want to rely on a mechirah. I’m not looking to stir up controversy. I’m asking a very practical question. What would you advise them to do? Should they go to their local Jewish grocery store, which ostensibly conducted a bona fide mechirah? Or should they purchase from a local ShopRite? Is there a better mehalech? We’re talking about Motzaei Pesach, or before a couple of days have passed. Where should one buy bourbon? Plus, there’s the mitzvah of v’hechzakta bo to reckon with. Rabbi Fishbane: If you’ve really done your research and that particular supermarket is b’emes not a Jewish-owned establishment, that is a better choice for those who don’t want to rely on the mechirah. But on the other hand, if you are mesupak about the ownership of that chain, or if the distribution company might be Jewish-owned, you might as well purchase from a frum ehrliche Yid who did the mechirah k’halacha. I’m not here to pasken l’halacha. I’m just raising the questions that an educated consumer would wish to be informed about. After all, she’ailas chacham is chatzi teshuvah. In One Shot: With Jewish involvement being more prevalent in the bourbon industry, coupled with its aged properties, an educated consumer should inquire before imbibing. As with all the topics we’re discussing here, the yochid should follow the guidance of their own rav, because indeed there are many who machshir even if the company was jewish owned, specifically when it comes to schnapps. The Takeaway: Your to-do list: Don’t extrapolate from year to year. Seek out available lists from major Kashrus agencies that you trust, and follow their guidelines. A note of caution: make sure you obtain the most recent information compiled for this year. Terms Defined: Chometz She’avar alav HaPesach is a Gezeira d’rabbanan forbidding chometz that was in the possession of a Jew over Pesach. Since the Onesh for Chometz B’Pesach is Kareis, the rabbanan instituted this as a protective measure, and they were very strict about it. The Kashrus Awareness Campaign receives guidance from AKO, an umbrella association of kashrus organizations. We do not intend to render halachic decisions, nor do we affiliate with, nor endorse the contents of linked material. The project's mission is to inform and educate the kosher consumer to know what to look out for and what to inquire about., after all, sh’alas chochom is chatzi teshuvah. For all questions you have regarding halachah, please ask you local Rav for guidance.











