Bread Baked by a Non-Jew on Shabbos
Q. Recently, one of our local supermarkets started baking bread which is certified as Kosher and Pas Yisroel. The supermarket is owned by non-Jews and the bakery operates on Shabbos, producing bread for the many non-Jewish customers. Is there any problem for a Jew to buy bread after Shabbos that was baked on Shabbos? What about using the bread on Shabbos if it could be obtained in a permissible manner?
On Shabbos it is forbidden to benefit from Melacha that was done by a non-Jew, if it was done on behalf of a Jew[1]. This is a Rabbinic prohibition lest one come to ask a non-Jew to do Melacha activities on their behalf on Shabbos[2]. This prohibition applies even if the Jew did not ask the non-Jew to do it on their behalf and the non-Jew was motivated on their own[3].
If the activity being done by the non-Jew involved a Biblical Melacha, it is also forbidden for any other Jew to benefit, even if the Melacha was done for another Jew and not for them[4]. If the forbidden activity was a Rabbinic prohibition, it will only be forbidden for the Jew for whom it was done. However, it will be permissible for other Jews to benefit Bedieved (after the fact).
A Jew may benefit from a Melacha that was performed by a non-Jew for their own personal benefit or that was done for other non-Jews. There are certain circumstances that this will also be forbidden, as will be discussed below.
To be forbidden, one does not need to hear the non-Jew say that they are doing the Melacha on behalf of Jews. As long as it is recognisable from their behaviour that their intention is for the benefit of Jews, it is will be forbidden. An example of this would be a non-Jew turning on the lights in the house of a Jew and then leaving.
If one is unsure whether the Melacha was done on behalf of Jews or non-Jews, we rule stringently and one may not benefit from it on Shabbos[5]. The reason for this is because the action has the status of a “Davar Sheyesh Lo Matirin” – Something that will become completely permissible after Shabbos. In this case we do not rely on leniencies or doubts to permit benefitting from it on Shabbos[6].
The same principle applies if there is a doubt whether the Melacha was done on Shabbos or not.
Where the Melacha is done on behalf of a group of people that includes both Jews and non-Jew, the presumption is that the non-Jew is doing the Melacha on behalf of whomever is the majority. If the majority of the group are Jews, it will be forbidden for a Jew to benefit from the Melacha. If the majority of the group are non-Jews it will be permissible for a Jew to benefit from the Melacha on Shabbos[7]. If there are equal numbers of Jews and non-Jews, it will be forbidden as well.
If it is clear that the non-Jew is doing the Melacha on behalf of both the Jews and non-Jews, it is forbidden for a Jew to benefit from it on Shabbos, even if the majority were non-Jews[8]. If it clear that the non-Jew is doing the Melacha for themselves or for other non-Jews, it will be permissible for a Jew to benefit from it, even if the majority of the group are Jews[9].
Even where the Melacha is done by the non-Jew for their own personal use, if the non-Jew knows the Jew, under some circumstances it will be forbidden for the Jew to benefit from their action. This is because we are concerned that if he sees the Jew benefitting from it, the non-Jew may come to increase the Melacha on behalf of the Jew as well[10].
In cases where it is forbidden, even after Shabbos ends one may not benefit immediately from the Melacha done by the non-Jew on Shabbos. One is required to wait “Bichdei Sheyaasu” – the amount of time it would take to do the forbidden activity on Motzai Shabbos[11]. This was instituted as a penalty to prevent Jews from asking non-Jews to do work for them on Shabbos to be ready to use straight after Shabbos[12]. Another reason is because the prohibition of asking a non-Jew to do Melacha on Shabbos was treated lightly by people and needed a further disincentive[13].
Bread Baked by a Non-Jew on Shabbos
The Shulchan Aruch addresses the case of bread that was baked by a non-Jew on Shabbos and whether a Jew may eat this bread on Shabbos.
The Poskim[14] clarify that all of the discussions on this Halacha refer to those who are lenient and will eat “Pas Palter” – bread that was baked by a non-Jew for sale, where no Jew was involved in the baking[15].
If the bread is baked specifically for Jews, it would be forbidden for a Jew to use on Shabbos according to all opinions. It would also be forbidden on Motzai Shabbos until one has waited the amount of time that it would have taken to bake the bread from scratch, after Shabbos had ended.
When bread is baked to sell, the bread is considered to be baked for whomever will buy it. In this case we follow the majority of customers in the city[16]. Where the majority of potential customers are Jewish it would also be forbidden as per above. If the majority of customers are non-Jewish, it would seem that there is no problem for a Jew to eat the bread even on Shabbos.
Nonetheless, even where the majority of customers are not Jewish, there is still a dispute between the Rishonim whether a Jew may eat from this bread on Shabbos or not. This Machlokes is based on a separate issue, that the bread baked on Shabbos by a non-Jew may be Muktzah.
The Shulchan Aruch[17] writes that there are those who forbid and those who permit the use of bread that was baked by a non-Jew on Shabbos for themselves[18].
Those who forbid the bread on Shabbos consider the bread to be Muktzah[19]. Bread itself, like all edible foods, is not Muktzah. However, when Shabbos came in, the bread did not exist as edible bread. It would have either been in the state of flour or raw dough which are both Muktzah[20] as they are inedible[21]. Since it was Muktzah when Shabbos came in, the Muktzah status remains on the flour throughout Shabbos, even after it is subsequently baked. In addition, the bread is Nolad[22] - a type of Muktzah that applies to things that did not exist before Shabbos and came into being on Shabbos.
There is an additional concern that one may come to ask the non-Jew to cook on their behalf on Shabbos. Generally, it is permissible for a Jew to benefit on Shabbos from Melacha that was performed by a non-Jew for other non-Jews and we are not concerned that the Jew may ask the non-Jew to do it for them in future. However, we are stricter when it comes to foods[23].
The Rishonim who permit the bread on Shabbos[24] do not consider it to be Muktzah, even though it was in the state of flour or raw dough when Shabbos came in. In their view, the Muktzah status when Shabbos came in, does not continue throughout Shabbos. It goes away once the bread is baked and becomes edible. Since the non-Jew is allowed to bake flour into bread on Shabbos, they did not ‘remove’ the flour or dough from their mind when Shabbos came in to render it Muktzah[25].
The Shulchan Aruch concludes that in a ‘Shaas Hadechak’ – a difficult situation, or for the purpose of a Mitzvah, one may rely on the lenient opinion, since the prohibition of Muktzah is only Rabbinic[26]. An example would be if one does not have bread to make Hamotzi over or if it is needed for a Seudas Mitzvah such as a Bris[27]. Another example would be where there are no other Jews around that one could borrow bread from[28].
It is forbidden, according to all opinions, for a Jew to give money to the non-Jewish baker before Shabbos so that he will give him bread on Shabbos. In this case the non-Jew is certainly baking on Shabbos with the Jew in mind[29].
Even according to the stricter opinion that forbids bread that was baked on Shabbos even it was baked for non-Jews, this only relates to a Jew eating such bread on Shabbos itself. One may eat or buy the breads immediately after Shabbos and they do not need to wait for the amount of time that it would take to bake. Immediately after Shabbos, there is no longer any Muktzah prohibition and the bread may be eaten.
Application
In the case under discussion, the breads from the supermarket have the status of Pas Yisroel since the ovens were turned on by a Jew. Even though a Jew cannot turn on the oven on Shabbos, the ovens are always in use and never cool down. Since a Jew turned on the oven during the week, even the bread baked on Shabbos will be Pas Yisroel.
The breads are baked for sale to the majority of potential customers in the area. Since the majority of residents in the area are not Jewish, the bread is considered as being baked for non-Jews.
Based on the discussion above, even if it was theoretically possible to obtain the bread on Shabbos in a permissible manner, such as a non-Jew bringing it as a gift, we are concerned for the stricter opinion that considers the bread to be Muktzah. We would only be lenient and permit the bread to be used in a Shaas Hadechak or for the needs of a Mitzvah.
On Motzai Shabbos the breads will be permissible even though they were definitely baked on Shabbos and one does not need to wait any amount of time before eating them.
________________________________________
[1] Shabbos 122a. Shulchan Aruch Orach Chaim 276 and 325
[2] Rambam Hilchos Shabbos 6:8. Shulchan Aruch Harav Orach Chaim 276:1. Even though this too is only Rabbinically forbidden, the Rabbis gave extra strength to their enactment (Shulchan Aruch Harav 243:2).
[3] Shulchan Aruch Harav 276:1
[4] Shabbos 122a. Shulchan Aruch Harav Orach Chaim 325:16
[5] Sefer Mitzvos Gadol Lo Saaseh 65, Sefer Hateruma 249, based on Beitza 24a. Shulchan Aruch Harav Orach Chaim 276:7.
[6] Magen Avraham Orach Chaim 497:3. Shulchan Aruch Harav Orach Chaim 325:10
[7] Shabbos 122a. Shulchan Aruch Harav 276:7
[8] Magen Avraham 276:6. Shulchan Aruch Harav 276:7
[9] Shabbos 122a. Shulchan Aruch Harav ib
[10] Shulchan Aruch Harav Orach Chaim 325:16
[11] Sefer Haterumah based on Mishna Machshirin 2:5
[12] Rosh Beitza 3:2 quoting Rabbeinu Tam.
[13] Shulchan Aruch Harav 318:1
[14] Ta”z Orach Chaim 325:3. Shulchan Aruch Harav 325:6
[15] See Yoreh Deah 112. Even though the Shulchan Aruch 325:4 writes about bread that a non-Jew bakes ‘for themselves’, the intent is baking for sale. Otherwise it would have the status of Pas Baal Habayis which is forbidden for Jews even during the week except under very limited circumstances.
[16] Ta”z ibid. Shulchan Aruch Harav ibid.
[17] Orach Chaim 325:4
[18] See footnote 15
[19] Rabbeinu Tam, Sefer Haterumah
[20] Shulchan Aruch Harav 308:8
[21] See Beis Yosef who explains that within this opinion there is a Machlokes and according to some, flour is not Muktzah because it is somewhat edible. If the grains were whole and had not been ground into flour before Shabbos, some hold that there would also be no Muktzah issue – Shulchan Aruch Harav 325:6
[22] Shulchan Aruch Harav 325:6 based on Magen Avraham. Whether Nolad is forbidden on Shabbos is subject to a Machlokes Rishonim. According to the view that Nolad is permissible on Shabbos, this reason would only be a concern on Ymtov and not on Shabbos (Shaar Hatziyun 22). The concern of Muktzah remains.
[23] Magen Avraham 325:9. Mishna Berura 325:16. The Alter Rebbe does not bring this reason.
[24] Rosh
[25] If the flour or dough belonged to a Jew it would remain Muktzah
[26] Beis Yosef 325
[27] Shulchan Aruch Harav 325:6
[28] Magen Avraham Orach Chaim 325:11. Beis Yosef.
[29] Ram”o ibid based on Rabbeinu Yerucham.
On Shabbos it is forbidden to benefit from Melacha that was done by a non-Jew, if it was done on behalf of a Jew[1]. This is a Rabbinic prohibition lest one come to ask a non-Jew to do Melacha activities on their behalf on Shabbos[2]. This prohibition applies even if the Jew did not ask the non-Jew to do it on their behalf and the non-Jew was motivated on their own[3].
If the activity being done by the non-Jew involved a Biblical Melacha, it is also forbidden for any other Jew to benefit, even if the Melacha was done for another Jew and not for them[4]. If the forbidden activity was a Rabbinic prohibition, it will only be forbidden for the Jew for whom it was done. However, it will be permissible for other Jews to benefit Bedieved (after the fact).
A Jew may benefit from a Melacha that was performed by a non-Jew for their own personal benefit or that was done for other non-Jews. There are certain circumstances that this will also be forbidden, as will be discussed below.
To be forbidden, one does not need to hear the non-Jew say that they are doing the Melacha on behalf of Jews. As long as it is recognisable from their behaviour that their intention is for the benefit of Jews, it is will be forbidden. An example of this would be a non-Jew turning on the lights in the house of a Jew and then leaving.
If one is unsure whether the Melacha was done on behalf of Jews or non-Jews, we rule stringently and one may not benefit from it on Shabbos[5]. The reason for this is because the action has the status of a “Davar Sheyesh Lo Matirin” – Something that will become completely permissible after Shabbos. In this case we do not rely on leniencies or doubts to permit benefitting from it on Shabbos[6].
The same principle applies if there is a doubt whether the Melacha was done on Shabbos or not.
Where the Melacha is done on behalf of a group of people that includes both Jews and non-Jew, the presumption is that the non-Jew is doing the Melacha on behalf of whomever is the majority. If the majority of the group are Jews, it will be forbidden for a Jew to benefit from the Melacha. If the majority of the group are non-Jews it will be permissible for a Jew to benefit from the Melacha on Shabbos[7]. If there are equal numbers of Jews and non-Jews, it will be forbidden as well.
If it is clear that the non-Jew is doing the Melacha on behalf of both the Jews and non-Jews, it is forbidden for a Jew to benefit from it on Shabbos, even if the majority were non-Jews[8]. If it clear that the non-Jew is doing the Melacha for themselves or for other non-Jews, it will be permissible for a Jew to benefit from it, even if the majority of the group are Jews[9].
Even where the Melacha is done by the non-Jew for their own personal use, if the non-Jew knows the Jew, under some circumstances it will be forbidden for the Jew to benefit from their action. This is because we are concerned that if he sees the Jew benefitting from it, the non-Jew may come to increase the Melacha on behalf of the Jew as well[10].
In cases where it is forbidden, even after Shabbos ends one may not benefit immediately from the Melacha done by the non-Jew on Shabbos. One is required to wait “Bichdei Sheyaasu” – the amount of time it would take to do the forbidden activity on Motzai Shabbos[11]. This was instituted as a penalty to prevent Jews from asking non-Jews to do work for them on Shabbos to be ready to use straight after Shabbos[12]. Another reason is because the prohibition of asking a non-Jew to do Melacha on Shabbos was treated lightly by people and needed a further disincentive[13].
Bread Baked by a Non-Jew on Shabbos
The Shulchan Aruch addresses the case of bread that was baked by a non-Jew on Shabbos and whether a Jew may eat this bread on Shabbos.
The Poskim[14] clarify that all of the discussions on this Halacha refer to those who are lenient and will eat “Pas Palter” – bread that was baked by a non-Jew for sale, where no Jew was involved in the baking[15].
If the bread is baked specifically for Jews, it would be forbidden for a Jew to use on Shabbos according to all opinions. It would also be forbidden on Motzai Shabbos until one has waited the amount of time that it would have taken to bake the bread from scratch, after Shabbos had ended.
When bread is baked to sell, the bread is considered to be baked for whomever will buy it. In this case we follow the majority of customers in the city[16]. Where the majority of potential customers are Jewish it would also be forbidden as per above. If the majority of customers are non-Jewish, it would seem that there is no problem for a Jew to eat the bread even on Shabbos.
Nonetheless, even where the majority of customers are not Jewish, there is still a dispute between the Rishonim whether a Jew may eat from this bread on Shabbos or not. This Machlokes is based on a separate issue, that the bread baked on Shabbos by a non-Jew may be Muktzah.
The Shulchan Aruch[17] writes that there are those who forbid and those who permit the use of bread that was baked by a non-Jew on Shabbos for themselves[18].
Those who forbid the bread on Shabbos consider the bread to be Muktzah[19]. Bread itself, like all edible foods, is not Muktzah. However, when Shabbos came in, the bread did not exist as edible bread. It would have either been in the state of flour or raw dough which are both Muktzah[20] as they are inedible[21]. Since it was Muktzah when Shabbos came in, the Muktzah status remains on the flour throughout Shabbos, even after it is subsequently baked. In addition, the bread is Nolad[22] - a type of Muktzah that applies to things that did not exist before Shabbos and came into being on Shabbos.
There is an additional concern that one may come to ask the non-Jew to cook on their behalf on Shabbos. Generally, it is permissible for a Jew to benefit on Shabbos from Melacha that was performed by a non-Jew for other non-Jews and we are not concerned that the Jew may ask the non-Jew to do it for them in future. However, we are stricter when it comes to foods[23].
The Rishonim who permit the bread on Shabbos[24] do not consider it to be Muktzah, even though it was in the state of flour or raw dough when Shabbos came in. In their view, the Muktzah status when Shabbos came in, does not continue throughout Shabbos. It goes away once the bread is baked and becomes edible. Since the non-Jew is allowed to bake flour into bread on Shabbos, they did not ‘remove’ the flour or dough from their mind when Shabbos came in to render it Muktzah[25].
The Shulchan Aruch concludes that in a ‘Shaas Hadechak’ – a difficult situation, or for the purpose of a Mitzvah, one may rely on the lenient opinion, since the prohibition of Muktzah is only Rabbinic[26]. An example would be if one does not have bread to make Hamotzi over or if it is needed for a Seudas Mitzvah such as a Bris[27]. Another example would be where there are no other Jews around that one could borrow bread from[28].
It is forbidden, according to all opinions, for a Jew to give money to the non-Jewish baker before Shabbos so that he will give him bread on Shabbos. In this case the non-Jew is certainly baking on Shabbos with the Jew in mind[29].
Even according to the stricter opinion that forbids bread that was baked on Shabbos even it was baked for non-Jews, this only relates to a Jew eating such bread on Shabbos itself. One may eat or buy the breads immediately after Shabbos and they do not need to wait for the amount of time that it would take to bake. Immediately after Shabbos, there is no longer any Muktzah prohibition and the bread may be eaten.
Application
In the case under discussion, the breads from the supermarket have the status of Pas Yisroel since the ovens were turned on by a Jew. Even though a Jew cannot turn on the oven on Shabbos, the ovens are always in use and never cool down. Since a Jew turned on the oven during the week, even the bread baked on Shabbos will be Pas Yisroel.
The breads are baked for sale to the majority of potential customers in the area. Since the majority of residents in the area are not Jewish, the bread is considered as being baked for non-Jews.
Based on the discussion above, even if it was theoretically possible to obtain the bread on Shabbos in a permissible manner, such as a non-Jew bringing it as a gift, we are concerned for the stricter opinion that considers the bread to be Muktzah. We would only be lenient and permit the bread to be used in a Shaas Hadechak or for the needs of a Mitzvah.
On Motzai Shabbos the breads will be permissible even though they were definitely baked on Shabbos and one does not need to wait any amount of time before eating them.
________________________________________
[1] Shabbos 122a. Shulchan Aruch Orach Chaim 276 and 325
[2] Rambam Hilchos Shabbos 6:8. Shulchan Aruch Harav Orach Chaim 276:1. Even though this too is only Rabbinically forbidden, the Rabbis gave extra strength to their enactment (Shulchan Aruch Harav 243:2).
[3] Shulchan Aruch Harav 276:1
[4] Shabbos 122a. Shulchan Aruch Harav Orach Chaim 325:16
[5] Sefer Mitzvos Gadol Lo Saaseh 65, Sefer Hateruma 249, based on Beitza 24a. Shulchan Aruch Harav Orach Chaim 276:7.
[6] Magen Avraham Orach Chaim 497:3. Shulchan Aruch Harav Orach Chaim 325:10
[7] Shabbos 122a. Shulchan Aruch Harav 276:7
[8] Magen Avraham 276:6. Shulchan Aruch Harav 276:7
[9] Shabbos 122a. Shulchan Aruch Harav ib
[10] Shulchan Aruch Harav Orach Chaim 325:16
[11] Sefer Haterumah based on Mishna Machshirin 2:5
[12] Rosh Beitza 3:2 quoting Rabbeinu Tam.
[13] Shulchan Aruch Harav 318:1
[14] Ta”z Orach Chaim 325:3. Shulchan Aruch Harav 325:6
[15] See Yoreh Deah 112. Even though the Shulchan Aruch 325:4 writes about bread that a non-Jew bakes ‘for themselves’, the intent is baking for sale. Otherwise it would have the status of Pas Baal Habayis which is forbidden for Jews even during the week except under very limited circumstances.
[16] Ta”z ibid. Shulchan Aruch Harav ibid.
[17] Orach Chaim 325:4
[18] See footnote 15
[19] Rabbeinu Tam, Sefer Haterumah
[20] Shulchan Aruch Harav 308:8
[21] See Beis Yosef who explains that within this opinion there is a Machlokes and according to some, flour is not Muktzah because it is somewhat edible. If the grains were whole and had not been ground into flour before Shabbos, some hold that there would also be no Muktzah issue – Shulchan Aruch Harav 325:6
[22] Shulchan Aruch Harav 325:6 based on Magen Avraham. Whether Nolad is forbidden on Shabbos is subject to a Machlokes Rishonim. According to the view that Nolad is permissible on Shabbos, this reason would only be a concern on Ymtov and not on Shabbos (Shaar Hatziyun 22). The concern of Muktzah remains.
[23] Magen Avraham 325:9. Mishna Berura 325:16. The Alter Rebbe does not bring this reason.
[24] Rosh
[25] If the flour or dough belonged to a Jew it would remain Muktzah
[26] Beis Yosef 325
[27] Shulchan Aruch Harav 325:6
[28] Magen Avraham Orach Chaim 325:11. Beis Yosef.
[29] Ram”o ibid based on Rabbeinu Yerucham.