Chapter 1: What happens to food cooked by a Ger before conversion?
good morning everybody so I mentioned like last week that we've already covered all the topics relating to Gerim there's one more that we did not cover so that's going to be this morning if a Ger likes to cook food for dinner for themselves and they were planning on a big party to celebrate their Gerim so they cooked all their food in advance and now they're Megayer so now is all of that bishalakum they have to chuck all the food that they themselves
cooked, right? We didn't discuss that one yet. So let's discuss that. So Rashi seems to give two reasons for the Yisra of Bishalakim. On the one hand, it says that Bishalakim is usher because you can come to marry a non-Jew, and in Masech Savat Hazara, a few dappim later, he says, because you're afraid the non-Jew is going to feed you something not kosher.
Tosos in Daflam and Chesem Rav, Masech Savat Hazara, points out this problem in Rashi, and says, that he thinks that the real reason is the earlier Rashi, is because of chasnos. However, the Akronim do try to explain Rashi. So first they say that the context of Rashi in Daflam and Chesem
where he spoke about the concern that a guy will feed you something not kosher, is right after the Gemara tried to suggest that the source of Bishalakum is from a Pasuk that Moshe Rabbeinu told Sihon Melech Hezbon that Ochel B'Kesef Tashmireini V'Achalti U'mayim B'Kesef Titenli V'Shesisi
apparently saying that they can only eat those foods that are similar to water, in that they're לא נשתנו על ידי העור, that they're only allowed to eat the kinds of foods that don't really change by being cooked. And then the Gemara rejects that limba, because the Gemara says, מידי אורקסב, אורקסב, does it say anything about fire in the Pesach?
Rather, if you want to know about the Yisro B'Shalakum, מידר הבנן וקרס מחת בי אלמה. It's not really from the Pesach of Moshe Rabbeinu's conversation with the Sihon, No, it's Midr Rabbanon. The Pasuk is an Asmachta. So the Bach in Simun Kuf Yud-Bei writes that the real reason is Chasnos.
But in the Gemara, Rashi is trying to explain the Asmachta from the Pasuk, which will help define the Gedar Isser. And that Gedar Isser is Shami Achleru Dovetame because the Pasuk compares food to water. Water doesn't change by fire. And there is therefore no concern of Dovetame. Meaning when dealing with something that's a clear ingredient,
that you know everything that's in there, then there's no concern of davatameh. Like water is a very clear, easy to tell that it's just water and therefore is not kashra sensitive. And that indicates to us that anything that is kashra sensitive would be subject to Bishl Hakam. So that's all Rashi's trying to do on daflah melchesti.
Or Chashulchan suggests that Rashi was bothered by why we are more meikal on pas than we are on Bishl. And concluded that pas has only one reason, where Bishl has two reasons. There's no concern for davatame on pas, because bread has to maintain its integrity. People who bake bread and are serious about it wouldn't just put a bunch of junk in their bread.
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Chapter 2: What are Rashi's reasons for the prohibition of Bishalakum?
So that's why Rashi maybe wants to highlight that Bishel maybe has two reasons for the Yisrael Bishel Hakim. A third approach is in the Sefer Mekor Chaim, quoted in the Sefer Oel Yaakov, where he explains that Rashi is chosheish for both reasons. And if a situation arises where one reason does not apply, but the other one does, then the food is still aser.
It's likely that originally Chazal asered it because Shem Yachlein Adavet HaMei, And that is from such an early time that they had a Havamina, that it was Da'oraisa. I mean, the Gemara even thinks for a moment, Bishal HaKum is Da'oraisa. So it must have been a really early Gzeir HaDravana. Otherwise, the Gemara never would have entertained the possibility that Bishal HaKum is Da'oraisa.
But then, once they asked for milk, bread, oil, etc., so they included Bishal, in the chasnos concern as well, since it would have been reason enough to make a gzera of Bishol Haakon. So the original gzera of Bishol Haakon was Shemiyach Leinu David Tamei. That was way, way early on.
Then at some later point in history, they made a whole slew of gzeros because of chasnos, and they added that reason of chasnos onto Bishol Haakon also, because had Bishol Haakon not already been Aser, it would have become Aser at that point, because of chasnas.
So if there's a mashkiach watching the non-Jew cooking and there's no concern that he might add non-kosher food, the food is still going to be yasser. Meaning there's no concern that he might add non-kosher food, but it's still going to be yasser because of chasnas. The Tazen Tzivkat now says that the main reason for the gzerah is chasnas.
Okay, so those are the two basic reasons that are quoted by Rashi. What happens in a case, though, where we're just worried about kashrus? What's the status of the food, let's say, by a non-religious Jew?
So there's no chash of chash by a non-religious Jew because he's Jewish, but there is a chash that he might feed you non-kosher food, even unintentionally, even if he's just ignorant and he doesn't know all the halachos. So Pesachet Shuvah quotes from a Teferis L'moshe, who says, that as long as there's no concern of chash, then it's not going to be a problem with Bishol Hakum.
But there will be another time when Bishol Hakum will say, But don't forget about the other reason that he might feed you non-kosher. And if that's the case, then you have to worry about someone who's not religious, who denies or is not observant of the Torah.
So according to Rashi's second explanation, it's also to eat the food cooked from a non-religious Jew, because he could mix in non-kosher food. However, the Kafachayim is Meikle based on the Taz. And he says that, Meaning, the main reason for the Yisro B'Shalachim is because of Chaslus.
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Chapter 3: How do Rashi's explanations differ regarding Bishalakum?
He's planning a big party to celebrate his conversion. So he spent a week cooking in advance, And now he converted, and now he's got all this bishlakum, because he cooked when he was a non-Jew. So it would seem that both reasons given by Rashi do not apply.
There's no chashash of chasnas, because the gzeir of bishlakum wasn't enacted in regards to Jews, and the man is now Jewish, meaning if you would marry him, we'd say mazel tov, right? There would be nothing wrong. And the gzeir of chasnas is often formulated as being concerned that you'll marry the Nachri's daughter, which...
might be a concern with the Ger, but clearly the Gezer never included the cooking of a Jew who has a non-Jewish family member. So, meaning, if a Jew cooks, even if he has a non-Jewish family member, that's not b'shalachum, and that's what this guy is. He's a Jew now who has a non-Jewish family member.
So, just like if a Jewish male intermarries, you can still eat his food, even though his daughter is not Jewish. Similarly, you can eat the food of a Jewish convert, even though his children are not Jewish, because the Gezer only applies to non-Jews. Also, you can say, so he doesn't have any daughters, he doesn't have any relatives, his biological relatives become irrelevant.
The second reason for the gzeru also doesn't apply, because if the ger was preparing the food right before he converted, there's no chash that he had non-kosher food. And after he converts, he can testify that all the food is kosher, because he made it himself. I mean, it's not like, who's the akhlenu? He's the akhlenu, he's the same person that made the food.
However, the question becomes, when chazal asr food cooked by a non-Jew, does the isser take effect when it was cooked, or when you're eating it? Meaning, at the time that it was cooked, it was cooked by a nachri. So then maybe it becomes a chafsav machalus asurus, and that's it, it becomes asr.
Or do we say, no, at the time that I'm eating it, that's when the isser is chal, that I cannot be eating it. So does it become a chafsav machalus asurus, or an isser gavrov eating it? If the isser is on the person at the shas achila, So then you could say all of these svaras that the reasons do not apply.
So in the Sefer Ben Yisrael La'amin, Perek Hey, written by a member of Rav Mahmoud's Beizdin, he's Machner. He says that since the food was prepared to Yisr, before the ger converted, therefore the food remains usurped forever, even for the ger himself. Meaning, he learns that the gzer takes effect at the time of the preparation, and the food remains aser for everyone forever.
However, in the Chuvos Avnezikaron Simen Pei Chas, written by Rav Alter Pfeiffer, a posse who lived in America in the early 1900s, he is meikil. All this is quoted in the Oliyako, which is a nice Likud Sefer of all the different Shitos. So he says that the main reason for the Gezerah is chasnos, and that doesn't apply in this case.
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Chapter 4: What is the significance of chasnos in the context of Bishalakum?
Okay.