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Bishul Akum for Sephardim

Dear Rabbi:

A Jew turned the stove on and a non-Jew placed the pot on the fire in the home of an Ashkenaz person.

1. Can a Sepharadi person eat the food since he is eating in the home of an Ashkenaz person?

2. Can a Sepharadi person use the pot/keilim for a different/later meal or is the pot/keilim considered treif for a Sepharadi person?

Answer:

1. It is not permitted for the Sephardi to eat the food. Because the Beis Yosef maintains that it is not sufficient for the fire to be lit by a Jew, and the food must also be cooked by a Jew, the food will not be permitted for him.

2. This is an interesting question. The Beis Yosef mentions two opinions concerning beliyos of bishul akum (113:16), citing first the stringent opinion of the Rashba, and then the lenient opinion of the Rosh, Ra’ah, and others.

This implies that the principle halachah follows the stringent opinion, yet, the Beis Yosef continues that there is room to be lenient for a lesser form of kashering where a keli cheres is involved. There is therefore some room for leniency in this matter, where there is the additional issue of the leniency of the Rema.

An interesting comparison is whether a utensil in which regular kosher meat (kosher according to the Rema) was cooked needs kashering for Sephardim, who are particular to eat “chalak” meat. This question is disputed among poskim.

In our case, however, where the prohibition (of bishul akum) has greater leniency (with regard to belios — the reason being that belios cannot cause closeness with non-Jews), it is possible that all would agree that one can be lenient.

Best wishes.

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