Must I Toivel This? | Rabbi Yirmiyohu Kaganoff | Beit Midrash

Family and Society
The Laws of Kashrut

קטגוריה משנית

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Question #1: The Vanilla Cruet
"We received a gift of a glass cruet, a salad oil dispenser, that we doubt we will ever use for that purpose. We decided, instead, to use it is a flower vase and were told that we do not need to toivel it. Subsequently, we decided that we might use it for soaking vanilla beans and alcohol to make our own natural vanilla extract. Do we need to toivel it?"

Question #2: Restaurant Silverware
"I have always assumed that caterers and restaurants toivel their silverware and glasses. Recently, I was told that some hechsherim do not require this. Is this true? Am I permitted to use their silverware and glasses?"

Question #3: The Salami Slicer
"I have a knife that I use for my work, which is not food-related. May I occasionally slice a salami with the knife that I have never immersed in a mikveh?"

Question #4: The Box Cutter
"Before I toivel my new steak knife, may I use it to open a box?

Answer:
After the Bnei Yisroel’s miraculous victory over the nation of Midyan, they were commanded regarding the booty that they had now acquired: Concerning the gold and the silver; the copper, the iron, the tin and the lead: any item that was used in fire needs to be placed in fire to become pure – yet, it must also be purified in mikveh water. And that which was not used in fire must pass through water (Bamidbar 31:22-23). From these verses, our Sages derive the mitzvah of tevilas keilim -- the requirement to immerse metal implements used for food in a spring or kosher mikveh prior to use. According to the Talmud Yerushalmi (Avodah Zarah 5:15), the immersion of the implement elevates it to the sanctity of Jewish ownership, similar to the requirement that a non-Jew converting to Judaism submerges in a mikveh (Issur Vaheter 58:76; see also Ritva, Avodah Zarah 75b).

The Gemara (Avodah Zarah 75b) rules that, in addition to metal items, we are also required to immerse glass utensils, because both metal and glass are similar: they are recyclable. When they break, one can melt or weld the broken parts to create new utensils or to repair old ones. As a matter of fact, in the time of the Gemara, people kept broken pieces of metal and brought them to the blacksmith when they needed to manufacture new items (see Shabbos 123a). It is also interesting to note that this function is the basis of the Hebrew word for metal, mateches, which means meltable or dissolvable (see Yechezkel 22:22; Rashi, Shemos 9:33). In this characteristic, metal ware and glassware are different from items made of stone, wood or earthenware, which cannot be recycled in this manner.

Prior to dipping the metal ware or glassware, one recites a brocha, Asher ki’deshanu bemitzvosav vetzivanu al tevilas keilim. As we will soon see, this brocha is recited only when there is a definite requirement to toivel (immerse) an item.

Used without immersing
If, in violation of the Law, someone used an item that was not immersed, may one eat the food that came in contact with it? According to many authorities, this is the subject of a dispute between two opinions in the Gemara. Some early authorities (Baal Halachos Gedolos, Chapter 55; Or Zarua, Piskei Avodah Zarah #293) conclude that, indeed, this food is prohibited. However, the consensus of halachic authority is that it is permitted to eat food that was prepared using non-toiveled equipment (Tosafos, Avodah Zarah 75b s.v. Vechulan; Ritva, ad locum; Rema, Yoreh Deah 120:16). This is useful information when visiting someone who, unfortunately, does not perform the mitzvah of tevilas keilim. Although one may not use non-toiveled utensils to eat or drink, the food prepared in them remains kosher. According to most authorities, if the food is served in non-toiveled utensils, one should transfer it to utensils that do not require immersion or were properly immersed.

The halachah is that when I know that someone will use pots and other equipment that were not immersed, I may not ask him to cook for me, since I am causing him to violate the Torah (lifnei iveir).

A matir or a takkanah?
Why is it forbidden to use a utensil that has not been toiveled? There are two different ways to understand this halachah.

A matir
The first approach explains that min HaTorah one may not use a utensil that has not been immersed, similar to the halachah that one may not eat meat without first shechting the animal. This logic holds that when the Torah created the mitzvah of tevilas keilim, it prohibited use of any food utensils that require immersion, and the immersion is what permits me to use the utensils. I will refer to this approach as holding that tevilas keilim is a matir.

A takkanah
Alternatively, one can explain that, although the requirement to immerse food utensils is min HaTorah, the prohibition to use non-toiveled utensils is a takkanah, a rabbinic prohibition. The reason for this prohibition is to encourage people to immerse their utensils in a timely fashion. Chazal were concerned that if it is permitted to use utensils without immersing them, people would postpone, indefinitely, fulfilling the mitzvah.

This second approach appears to be how the Mishnah Berurah understood this mitzvah, since he states that although most authorities contend that the mitzvah to immerse utensils is min HaTorah, the prohibition to use them if they were not immersed is only rabbinic (Biur Halachah 323:7 s.v. Mutar). This exact idea is expressed by Rav Shlomoh Zalman Auerbach (Minchas Shlomoh 2:66:13, 14).

Notwithstanding the Mishnah Berurah’s understanding of this mitzvah, the Or Zarua, a rishon, writes that the prohibition to use non-immersed equipment is min HaTorah (Or Zarua, Piskei Avodah Zarah #293; A careful reading of Shaagas Aryeh #56 will demonstrate that he was of the same opinion.) This implies that the mitzvah is indeed a matir, its purpose is to permit the use of the utensil. If not, where do we have any evidence that the Torah prohibited use of a non-immersed vessel?

Rushing to immerse
Is there a halachic requirement to immerse a utensil as soon as I purchase it, or may I wait for a convenient time to immerse it, as long as I do not use the utensil in the interim?

We find a dispute among the poskim concerning this. Some rule that there is no requirement to immerse a utensil as soon as possible (Levush, as explained by Pri Megadim, Mishbetzos Zahav, Orach Chayim 323:5), whereas the Maharshal (Yam shel Shelomoh, Beitzah 2:19) explains that this question is dependent on a dispute in the Gemara (Beitzah 17b-18a). The Maharshal concludes that one is required to immerse the utensil as soon as possible, out of concern that one will mistakenly use it before it was immersed. The latter ruling is quoted by other authorities (Elyah Rabbah 323:12).

Better to borrow?
The Gemara (Avodah Zarah 75b) explains that the mitzvah of tevilas keilim does not apply to utensils that a Jew borrowed or rented from a non-Jew (Shulchan Aruch, Yoreh Deah 120:8). The Torah taught that utensils that a Jew acquires require immersing, but not items that are not owned by a Jew. Furthermore, whether a utensil requires immersion is determined by who its owner is and not by who is using it. We will soon see another ramification of this ruling.

The poskim rule that, under circumstances when one cannot immerse utensils, one may transfer ownership of a utensil from a Jew to a non-Jew to avoid immersing it. Therefore, should a Jew own a utensil and have nowhere to immerse it, or if he does not have time before Shabbos or Yom Tov to immerse it, he may give it to a gentile and then borrow it back from the gentile (Mordechai, Beitzah #677; Shulchan Aruch and Rema, Yoreh Deah 120:16). Since the utensil is now owned by a gentile, there is no requirement to immerse it. Consequently, borrowing it from the gentile does not present any problem.

This ruling applies only to utensils that are owned by a non-Jew and borrowed from him by a Jew. However, if a Jew owns a utensil that he has not immersed, another Jew may not borrow or use it without immersing it (Tosafos and Rosh ad loc., both quoting Rashbam). Once the owner is required to immerse the utensil, no other Jew may use it without immersing it first.

Only klei seudah
The Gemara concludes that the mitzvah of tevilas keilim applies only to klei seudah -- literally, implements used for a meal. This includes items used to prepare food or to eat. As we will soon discuss, there are some interesting ramifications of this law.
"Rav Nachman said in the name of Rabbah bar Avuha: 'One can derive from the verse that one must immerse even brand-new items, because used vessels that were purged in fire have the same kashrus status as brand new, and yet they require immersion.'

Rav Sheishes then asked him: 'If it is true that the mitzvah of immersing vessels is not because of kashrus concerns, then maybe one is required to immerse even clothing shears?'

Rav Nachman responded: 'The Torah mentions only vessels that are used for meals (klei seudah)'" (Avodah Zarah 75b).

Rav Sheishes suggested that if the immersion of utensils is not a means of kashering a non-kosher vessel, then perhaps we have many more opportunities to fulfill this mitzvah, and it applies to any type of paraphernalia -- even cameras, cellphones and clothing shears! However, the conclusion is that the mitzvah is limited to items used for food.

Kitchen or Leather?
Reuven is a leather worker who purchases a brand-new kitchen knife that he intends to use exclusively for this leather work. Does this knife require immersion in a mikveh?
Although this utensil was manufactured for food use, since Reuven is now the owner and he purchased it for leather work, it is no longer a food utensil.

The early authorities dispute whether someone who borrows the knife from the owner to use it for food is required to immerse it. The primary position contends that the borrower is not required to immerse the knife (Hagahos Ashri, Avodah Zarah, 5:35; Shulchan Aruch, Yoreh Deah 120:8). This approach understands that the halachic status of a utensil is determined by its owner and not by the person borrowing it. There is, however, a dissenting opinion that contends that since the owner himself would not be allowed to use the knife for food, even temporarily, someone else may not either (Issur Vaheter 58:89, quoted by Shach, Yoreh Deah 120:16). Thus, the latter approach requires that the borrower immerse this knife before using it for food. As a compromise position, some authorities conclude that one should immerse this utensil, but should not recite a brocha before doing so (Shach, Yoreh Deah 120:16).

However…
All this holds true as long as the owner, our leather worker, uses the knife exclusively for non-food use. The owner may not use it for food, even temporarily (Rema, Yoreh Deah 120:8). Furthermore, later authorities note that the Shach implies that, should Reuven decide to use the knife for food, albeit only once, he may not use the knife even for non-food use without first immersing it (Darchei Teshuvah 120:39, quoting Ginzei Elimelech; Sefer TevilaskKeilim, page 104, quoting Pri Eliyahu).

We see from this Shach a very interesting ruling. The halachah is not that food use requires that the vessel be immersed. The halachah is that a food utensil must be immersed before use – no matter what type of use.

This last ruling means that someone who purchased a knife that he intends to immerse, may not use it, even to open a package, before it has been immersed.

We can therefore answer one of our opening questions:

"I have a knife that I use for my work, which is not food related. May I occasionally slice a salami with the knife that I have never immersed in a mikveh?"

Although many people may find this ruling to be surprising, according to the Shach, you may not.

The vanilla cruet
At this point, I would like to discuss one of our opening questions, an actual shaylah that I was asked: "We received a gift of a glass cruet, a salad oil dispenser, that we doubt we will ever use for that purpose. We decided, instead, to use it is a flower vase and were told that we do not need to toivel it. Subsequently, we decided that we might use it for soaking vanilla beans and alcohol to make our own natural vanilla extract. Do we need to toivel it?"

This is an interesting question. I agree that if someone receives a vessel that is usually klei seudah, but one does not intend to use it for this purpose, there is no requirement to immerse it. Subsequently, the individual decides that he might use the cruet to process vanilla flavor, a use that would require immersing. (For reasons beyond the scope of this article, I would suggest not reciting a brocha, when immersing the cruet.) According to the Shach, once they decide to use the cruet for making vanilla flavor, not only do they now need to immerse it, but they can no longer use it for anything else. This is because a cruet is inherently a vessel that should require immersion. The only reason they were not required to immerse it until now was because they had decided not to use it for food. But once they decide to use it for food, they may not use it for anything without immersing it.

The salami knife
We can also now address a different question that was asked above: "I have a knife that I use for my work, which is not food related. May I occasionally slice a salami with the knife that I have never immersed in a mikveh?"

The answer is that, if this is a knife that was made for food use, one would not be allowed to use it for food without immersing it. On the other hand, if it is a box cutter, which is clearly not meant for food use, we have no evidence that one is required to immerse it. There are sources in halachah that state that an item that is not meant as klei seudah may be used occasionally for food, even by the owner, without requiring tevilah (see, for example, Darchei Teshuvah 120:70, 88).

Klei sechorah -- "merchandise"
The halachic authorities note that a storekeeper does not toivel vessels he is planning to sell, since for him they are not klei seudah, but merchandise. Later authorities therefore coined a term "klei sechorah," utensils used as merchandise, ruling that these items do not require immersion until they are purchased by the person intending to use them (based on Taz, Yoreh Deah 120:10).

In the nineteenth century, a question was raised concerning the definition of klei sechorah. When rail travel became commonplace, enterprising entrepreneurs began selling refreshments at train stations. (No club car on those trains!) A common occurrence was that Jewish vendors would sell beer or other beverages at the stations, which they would serve to their customers by the glassful. The question was raised whether these glasses required immersion and whether one was permitted to drink from them when the vendor presumably had not immersed them. Although it would seem that one may not use them without tevilah, there are authorities who rule that these vessels are considered klei sechorah for the merchant and that, therefore, the customer may use them (Darchei Teshuvah 120:70, 88; Shu"t Minchas Yitzchak #1:44).

According to this approach, a restaurateur or caterer is not required to immerse the utensils with which he serves his guests. Although most authorities reject this approach (Minchas Shlomoh 2:66:14), I have found many places where, based on this heter, hechsherim do not require the owner to toivel his glassware, flatware and other items.

Conclusion
According to Rav Hirsch, metal vessels, which require mankind's mining, extracting and processing, represent man's mastery over the earth and its materials. Whereas vessels made of earthenware or wood involve man merely shaping the world's materials to fit his needs, the manufacture of metal demonstrates man's creative abilities to utilize natural mineral resources to fashion matter into a usable form. Consuming food, on the other hand, serves man's most basic physical nature. Use of metal food vessels, then, represents the intellectual aspect of man serving his physical self, which, in a sense, is the opposite of why we were created; to use our physical self to assist our intellect to do Hashem's will. Specifically, in this instance, the Torah requires that the items hereby produced be immersed in a mikveh, to endow them with increased kedusha before they are put to food-use. This demonstrates that, although one may use one's intellect for physical purposes, the product of one’s creative power must first be sanctified in order that we focus on the spiritual.

This Shiur is published also at Rabbi Kaganof's site

The Laws of Kashrut