Notes on Pat Akum (Part 3)

Shakh: Alef
The opinion of the Shulhan Arukh and RM”A is that the status of Pat Akum can be rectified if a Jew participated in 1 of the 3 steps in preparation.
Note: This is the opinion of the RambaM but no the Tur.

Shakh: Beit
There is a dispute () between the RambaM and other Poskim in regards to Keilim (cooking utensils) They are not forbidden after 24 hours, so without knowing if a Kli (utensil) was used in the previous day, do we assume that it was used or not? Only the RambaM says that the Kli was used that day. Thus, in our case of Pat Akum, we don’t know the status of the Kli. According to the other Poskim, we can assume that it is permissible to use those Keilim, but according to the Rambam, we should suspect that it was used within the past 24 hours [with Pat Akum]. Thus, according to the RambaM, these baked goods could not be kosher. However, the Shulhan Arukh 122:6 has the Psak of the other Poskim.

Shakh: Hei
Despite the fact that rice, Kitniyot, and other similar things are not subject to the restrictions of Pat Akum, and despite the RM”A saying that they are not subject to Bishul Akum, the Shakh explains the RM”A by saying that this is because they are not fit for “Shulhan Melakhim” (table of kings). However, rice could be fit for the table of kings depending on how it is made and with what it is made with. Note: And location

Pitchei Teshuvah: Beit
A Jew can be involved with three things in the preparation of bread: Kneaing, shaping, and baking. According to some poskim, being involved with just one of these things is sufficient for the Pat to become Pat Yisrael.

Pitchei Teshuvah: Gimmel
A Palter Yisrael has an Akum baking for him, and the Yisrael did not participate in any of the 3 things (mentioned above) for a specific batch. That batch is assur to sell to Jews, but The Mordechai says that it is assur to sell even to a non-Jew because he might sell to a Jew. The S”A says that a Palter Yisrael can cut the bread in half and sell them. This is permitted because it is different and noticeable.
Note: It is different than what is usually sold. Therefor, a Jew would understand that it was from this issur.

Shakh: Het
In the Moderchai, it is written that there are places that were linient with Pat Akum because they claimed that they have no received the decree [against Pat Akum], but there is an understanding in the Yerushalmi that they accepted the decree which was difficult to implement due to their difficult circumstances where they lived where their lives where dependent on Pat Akum.
Note: People needed bread to survive. Thus, it’d be lenient with at least Pat Palter if a Palter Akum was the only one available. Thus, it would make sense if they were only stringent it Pat Ba’al Ha-Bayit. But when there is a Jewish baker in town, you can not have Pat Akum according to the S””A but not the RM”A.

Shakh: Tet
In Toras Ha-Hatat, it says that during that on the days before Yom Kippur, one should be stringent with Pat Akum and only consume Pat Yisrael

Shakh: Yud
If a Jew was in a place where the only Pat available is Pat Ba’al Ha-Bayit, then it is permitted. However, in S”A 112:2, it permits it while S”A 112:8 does not. S”A 112:2 is of the opinion of the RambaM while 112:8 is of the opinion of the other Poskim.

Shakh: Yud-Alef
Even if a Palter Akum has his own bakery, if he is baking bread for himself in his bakery, then it is forbidden because it has the status of Pat Ba’al Ha-Bayit because he is not intending to sell it despite having baked it in his bakery.

Shakh: Yud-Beit
If a Palter Akum invites a Jew to his home, the Pat is Pat Akum.
Note: This is because the issur on having Pat Akum is to avoid assimilation which leads to inter-marriage. Thus, being invited to a Beit Akum means that the Pat is Pat Akum.

Note: In both of the two aforementioned cases (Shakh Yud-Alef and Yud-Beit), the status of the Pat is changed based on the fact that the baker changed his intentions from selling it to personally owning the item to [then] give away by serving it to the Jew. Thus, it has the status of Pat Akum which is assur.

S”A 112:3
There are those that say that if a Palter Akum invites a Jew to his home, then the Pat becomes Pat Akum even if the Ba’al Ha-Bayit is a Palter by trade.
Note: This means that the status of Pat Ba’al Ha-Bayit is based on the social setting.

S”A 112:4
In a place where there is no Palter Yisrael, a Jew can buy from a Palter Akum until a Palter Yisrael comes. Then, the Palter Akum becomes assur until the Palter Yisrael runs out [of bread to sell].

S”A 112:5
There are those who say that if a Jew has his own bread, or if there is a Palter Yisrael while there is also a Palter Akum whose bread is nicer/tastier or is a different type of bread, then it is permitted to buy from the Palter Akum in a place where the minhag (custom) is to allow Pat Palter Akum since he, who enjoys that bread more, will not be at ease if he can not buy the bread that is good in his eyes (from his point of view) since, for him, that bread is like the bread that was acquired in a time of difficulty.
Note: If Palter Akum can be had in a time of difficulty (no other Pat available), then having Pat Palter only because you like that specific Palter more is an indication that it would be hard to only have something which he perceives as lower quality.

112:6
In a place that has the leniency to buy the Pat of a Palter Akum, even if he kneaded the bread with eggs or “painted” it with eggs, it is permitted, but an Inpanadah (pastry with meat or an egg inside of it) is forbidden if it is from a Palter Akum.
Note: This is because a full egg cooked with/into a pastry is akin to Bishul Akum.

RM”A: There are those who forbade the bread that was “painted” with eggs because it would appear as if the eggs are visible and is thus not nullified by being cooked with bread. Thus, it would be considered Bishul Akum. This is the custom [that the RM”A writes].

RM”A: And they, who knead cakes/similar things that are sweet, are included as bread, and in a place where they are lenient to have Pat Akum, these things are permitted. And we do not say that they have the status of Bishul Akum.
But there are certain types of cake that are basked on iron that is smeared at the time of baking with forbidden fat or pork fat. It is important to be careful and forbid it. Thus, this is the minhag [on cakes].

Shakh: Comment on “Even if it is kneaded with eggs”. With what is the problem? If there is blood [in the egg], the majority of eggs don’t have blood, and if the problem is with the impurity of the chicken, this is not an issue today. And if the issue is with Bishul Akum, the flour is primary and not the egg.

S”A 112:7
Pat Ba’al Ha-Bayit is forbidden even if he Pat was bought by a Palter.
Note: The Pat was sold by the Ba’al Ha-Bayit to the Palter

S”A 112:8
There are those who say that in a place with no Palter, Pat Ba’al Ha-Bayit is allowed

S”A 112:9
If an Akum lights the oven and a Jew bakes the bread, or if a Jew lights the oven and the Akum bakes the bread, or an Akum lights the oven and bakes the bread and a Jew merely adjusts the flame, then these are permitted even if [the Jew is adjusting the flame by] merely tossing in aa piece of wood into the oven. All of his bread [in the oven] is permitted since we are trying to show that it is not Pat Akum.
Note: We are showing that it is Pat Yisrael by participating in the preparation process.
RM”A: Fanning the flame is like stirring [the coal to adjust the flame]

S”A 112:10
If an Akum bakes, in the oven, 3x in 1 day, with the oven being kosher (Pat Yisrael) via a Jew tossing in a piece of wood 2x, then if firewood was not tossed the 3rd time, it is still permitted.

Note: Because the majority of times were kosher

RM”A: One can continue to bake [in that oven] as so long as the oven has not been off for 24 hours.
Note: So if a JEw tossed wood, into the oven, on the first occasion, then it is not Pat Akum until the oven is off for 24 hours. If it was off, then a Jew would have to restart the process.

Shakh: Kaf
B’Shem Shaarei Dura: If one is in doubt (safek) over whether or not a Jew turned on the oven, one can be lenient and assume that a Jew did not turn on the oven [tossed wood, fanned the flame, or stirred coal]. Why? Because the issur is D’Rabbanan (Rabbinic), and we are lenient with a Safek D’Rabbanan.

S”A 112:11
Pat Yisrael, that was baked by an Akum, without a Jew stirring the coals or tossing firewood, is forbidden to sell to an Akum since maybe he will come to sell it to a Jew, but if the bread is cut in half, it is permitted to sell to an Akum because it is not typical to slice it like this.
RM”A: The custom is not to buy sliced bread from an Akum.

Note: Back then, an Akum could be selling a Jew’s loaf, that was sliced in half, which would indicate that it is Pat Akum via the case in this Seif. However, noawadays, this custom is less relevant because it is normal that bread is sliced before being purchased.

And if it is Pat Yisrael, then why is it assur? The only thing that makes it Pat Yisrael is that it is owned by a Jew. The Mordechai comments on Avodah Zarah (830) B’Shem Geonim: There are two types of Pat Akum. There is Pat Shel Akum (owned by an Akum), and then there is Pat Yisrael that was baked by an Akum but the Yisrael did not toke the coals. This is the case where Pat Yisrael could be assur, and maybe an Akum could sell this to a Jew.

Note: Thus, we do not sell even this type of Pat Yisrael to an Akum who could, in-turn, sell it to a Jew. The Mordechai says that the S”A 111:12 is refering to Case 2. Thus the Pat would still be assur. The Mordechai also states what was written at the end of S”A 112:11 about selling the sliced bread to an Akum) because it is different and noticable. Thus, a Jew would be able to discern that it is Pat Akum.
Note: This would be less relevant these days.