Netilas Yadayim for Wet Foods
One of the most famous Takanos of Chaza”l is washing our hands before eating bread. Lesser known is that Chaza”l[1] also made a requirement to wash Netilas Yadayim before eating foods which are dipped in liquid.
This is limited to the 7 halachically defined liquids; water, milk, olive oil, wine, dew, bees honey and blood. Fruit juices, other oils, meat and fish juice etc. do not qualify as liquids regarding this halacha.
Even though the term used in the sources is foods which have been ‘dipped’ in liquids, the Takanah applies irrespective of how the foods became wet e.g. if they were washed[2].
The reason Chaza”l included foods which are moist with liquid in the requirement to wash, is because in the laws of purity and impurity, liquids are more susceptible to impurity. Further, liquids when touched with unwashed hands take on a higher level of Tumah and are able to pass on Tumah to other foods[3].
Two opinions
Most of the Rishonim hold that there is a Chiyuv to wash. Rashi, Rambam, Rosh and Mordechai quoting his teachers. According to these opinions not only is one obligated to wash for moistened foods, but does so with a Bracha. This is also the opinion of the Tur[4].
In contrast, Tosfos[5] write that washing for moistened foods is not a Takanah and was only an issue of purity and impurity and only applied in the times when they would eat their foods in a state of purity. Nowadays we are not careful with the laws of purity and impurity and therefore there is no requirement to wash for moistened foods.
Other Rishonim who hold like Tosofs include the Maharam Rottenberg, Rashbam, Or Zarua and Baal Haitur. According to this view to make a blessing over washing hands would be a Bracha Levatala.
Because of this Machlokes, the Mechaber[6] rules that one should wash but should not make the Bracha because of the principle ספק ברכות להקל. This view is accepted by the Ram”o as well.
Magen Avraham[7] notes that the custom in Ashkenaz is not to wash for foods which have been dipped or moistened with liquid. He quotes the Lechem Chamudos[8] who justifies this custom saying that they follow the opinion of Tosfos quoted above. Aruch Hashulchan[9] writes that nowadays we are lenient.
The Alter Rebbe[10] writes that therefore, whilst one should not protest those who act leniently, the technical halacha follows the majority of Rishonim who do require Netilas Yadayim. (Although because of the dispute a Bracha is not made). Mishna Berura[11] rules similarly.
Mateh Yosef[12] writes that one who does not wash for moistened foods is considered as one who is mezalzel with Netilas Yadayim who is driven from the world and liable for Nidui. Therefore, every G-d fearing person should be careful to wash and not rely on the Minhag (מנהג רע). Ohers who are Machmir include Ben Isha Chai, Kitzur Shulchan Aruch and Shala”h.
(Of note is the opinion of the Vilna Gaon who not only requires washing but also requires a Bracha although this is not followed).
Some Halachic guidelines
Even if only part of the food is dipped in the liquid and that part that one is holding is dry, Netilas Yadayim is still required. This is a precaution either lest one come to touch the moist part[13] or lest they dip the entire food[14].
The same is true even if the food is eaten with a fork or spoon if it is of a type of food which is usually eaten by hand. Foods which are often eaten by fork or spoon were not included in the Gezeira that one may touch them while eating. One need not wash even though they may come to touch the food while on the fork[15]. If they are eaten by hand Netilas Yadayim is required.
The Takanah only applies to foods dipped in liquids or moistened with liquids. Liquids themselves were not included in the Gezeira. Therefore, one may drink water from their hands or dip their finger into a liquid without requiring Netilas Yadayim[16].
The requirement to wash is only for one who is eating these foods. Handling these foods does not require Netilas Yadayim.
If the food item has been dried, Netilas Yadayim is not required. On the contrary, one who washes for fruits (which are not wet) is considered an act of arrogance i.e. acting overly pious. If one’s hands are dirty or one is washing for hygiene, there is not concern[17].
Foods which have been pickled or cooked in one of these liquids are subject to the following halachos; The liquid absorbed in the food during the cooking or pickling is considered to have become part of the food item itself. Therefore, it no longer qualifies as a liquid. Nonetheless the liquid on the surface of the food is still considered liquid and does require washing[18].
A practical case would be eating a pickle by hand. If the pickle has been dried on the surface, one may eat the pickle without Netilas Yadayim even if the juice inside the pickle will come out and moisten the pickle.
Liquids which have hardened or congealed on top of a food so that they are no longer moist to the touch (and are טופח ע"מ להטפיח) do not require Netilas Yadayim[19]. If the liquid subsequently melts or becomes moist again, they will obligate Netilas Yadayim.
There are Poskim[20] who are lenient and do not require Netilas Yadayim for moistened foods if one eats less than a Kzayis volume. Mishna Berura writes that one may rely on this especially as many Poskim do not require washing for moist foods at all. The Alter Rebbe does not bring this leniency.
If one does not have water to wash they may wrap their hands in order to eat moistened foods[21].
____________________________________
[1] Pesachim 115a
[2] Shaarei Teshuvah 158:2
[3] See Rashi bid and Rabbeinu Yonah Brchos 41a
[4] OC 158
[5] Pesachim 115a
[6] OC 158:4
[7] OC 158:8
[8] Divrei Chamudos Chullin 8:41
[9] OC 158:4
[10] OC 158:3
[11] 158:19
[12] Quoted in Baer Heitev 158:11
[13] Pesachim 115a. Ram”o 158:4. Shulchan Aruch Harav 158:3
[14] Mishna Berura ibid. A nafka Mina between the 2 reasons is for doos which are never entirely dipped in liquid. An example brought in the Poskim is dipping cookies into tea or coffee where one never submerges the entire cookie. According to the reason of the Alter Rebbe, washing would still be required.
[15] Shulchan Aruch Harav ibid
[16] Ibid. Beis Yosef quotes Rashba who does require one to wash their hand – even when drinking from a cup.
[17] Shulchan Aruch 158:5
[18] Shulchan Aruch Harav 158:6
[19] Shulchan Aruch Harav 158:7. See there that honey is possibly an exception based on the opinion of Rambam and is considered a liquid even when no longer moist.
[20] See Mishna Berura 158:14, Birkei Yosef 473:7 and others
[21] Seder Netilas Yadaim 22
This is limited to the 7 halachically defined liquids; water, milk, olive oil, wine, dew, bees honey and blood. Fruit juices, other oils, meat and fish juice etc. do not qualify as liquids regarding this halacha.
Even though the term used in the sources is foods which have been ‘dipped’ in liquids, the Takanah applies irrespective of how the foods became wet e.g. if they were washed[2].
The reason Chaza”l included foods which are moist with liquid in the requirement to wash, is because in the laws of purity and impurity, liquids are more susceptible to impurity. Further, liquids when touched with unwashed hands take on a higher level of Tumah and are able to pass on Tumah to other foods[3].
Two opinions
Most of the Rishonim hold that there is a Chiyuv to wash. Rashi, Rambam, Rosh and Mordechai quoting his teachers. According to these opinions not only is one obligated to wash for moistened foods, but does so with a Bracha. This is also the opinion of the Tur[4].
In contrast, Tosfos[5] write that washing for moistened foods is not a Takanah and was only an issue of purity and impurity and only applied in the times when they would eat their foods in a state of purity. Nowadays we are not careful with the laws of purity and impurity and therefore there is no requirement to wash for moistened foods.
Other Rishonim who hold like Tosofs include the Maharam Rottenberg, Rashbam, Or Zarua and Baal Haitur. According to this view to make a blessing over washing hands would be a Bracha Levatala.
Because of this Machlokes, the Mechaber[6] rules that one should wash but should not make the Bracha because of the principle ספק ברכות להקל. This view is accepted by the Ram”o as well.
Magen Avraham[7] notes that the custom in Ashkenaz is not to wash for foods which have been dipped or moistened with liquid. He quotes the Lechem Chamudos[8] who justifies this custom saying that they follow the opinion of Tosfos quoted above. Aruch Hashulchan[9] writes that nowadays we are lenient.
The Alter Rebbe[10] writes that therefore, whilst one should not protest those who act leniently, the technical halacha follows the majority of Rishonim who do require Netilas Yadayim. (Although because of the dispute a Bracha is not made). Mishna Berura[11] rules similarly.
Mateh Yosef[12] writes that one who does not wash for moistened foods is considered as one who is mezalzel with Netilas Yadayim who is driven from the world and liable for Nidui. Therefore, every G-d fearing person should be careful to wash and not rely on the Minhag (מנהג רע). Ohers who are Machmir include Ben Isha Chai, Kitzur Shulchan Aruch and Shala”h.
(Of note is the opinion of the Vilna Gaon who not only requires washing but also requires a Bracha although this is not followed).
Some Halachic guidelines
Even if only part of the food is dipped in the liquid and that part that one is holding is dry, Netilas Yadayim is still required. This is a precaution either lest one come to touch the moist part[13] or lest they dip the entire food[14].
The same is true even if the food is eaten with a fork or spoon if it is of a type of food which is usually eaten by hand. Foods which are often eaten by fork or spoon were not included in the Gezeira that one may touch them while eating. One need not wash even though they may come to touch the food while on the fork[15]. If they are eaten by hand Netilas Yadayim is required.
The Takanah only applies to foods dipped in liquids or moistened with liquids. Liquids themselves were not included in the Gezeira. Therefore, one may drink water from their hands or dip their finger into a liquid without requiring Netilas Yadayim[16].
The requirement to wash is only for one who is eating these foods. Handling these foods does not require Netilas Yadayim.
If the food item has been dried, Netilas Yadayim is not required. On the contrary, one who washes for fruits (which are not wet) is considered an act of arrogance i.e. acting overly pious. If one’s hands are dirty or one is washing for hygiene, there is not concern[17].
Foods which have been pickled or cooked in one of these liquids are subject to the following halachos; The liquid absorbed in the food during the cooking or pickling is considered to have become part of the food item itself. Therefore, it no longer qualifies as a liquid. Nonetheless the liquid on the surface of the food is still considered liquid and does require washing[18].
A practical case would be eating a pickle by hand. If the pickle has been dried on the surface, one may eat the pickle without Netilas Yadayim even if the juice inside the pickle will come out and moisten the pickle.
Liquids which have hardened or congealed on top of a food so that they are no longer moist to the touch (and are טופח ע"מ להטפיח) do not require Netilas Yadayim[19]. If the liquid subsequently melts or becomes moist again, they will obligate Netilas Yadayim.
There are Poskim[20] who are lenient and do not require Netilas Yadayim for moistened foods if one eats less than a Kzayis volume. Mishna Berura writes that one may rely on this especially as many Poskim do not require washing for moist foods at all. The Alter Rebbe does not bring this leniency.
If one does not have water to wash they may wrap their hands in order to eat moistened foods[21].
____________________________________
[1] Pesachim 115a
[2] Shaarei Teshuvah 158:2
[3] See Rashi bid and Rabbeinu Yonah Brchos 41a
[4] OC 158
[5] Pesachim 115a
[6] OC 158:4
[7] OC 158:8
[8] Divrei Chamudos Chullin 8:41
[9] OC 158:4
[10] OC 158:3
[11] 158:19
[12] Quoted in Baer Heitev 158:11
[13] Pesachim 115a. Ram”o 158:4. Shulchan Aruch Harav 158:3
[14] Mishna Berura ibid. A nafka Mina between the 2 reasons is for doos which are never entirely dipped in liquid. An example brought in the Poskim is dipping cookies into tea or coffee where one never submerges the entire cookie. According to the reason of the Alter Rebbe, washing would still be required.
[15] Shulchan Aruch Harav ibid
[16] Ibid. Beis Yosef quotes Rashba who does require one to wash their hand – even when drinking from a cup.
[17] Shulchan Aruch 158:5
[18] Shulchan Aruch Harav 158:6
[19] Shulchan Aruch Harav 158:7. See there that honey is possibly an exception based on the opinion of Rambam and is considered a liquid even when no longer moist.
[20] See Mishna Berura 158:14, Birkei Yosef 473:7 and others
[21] Seder Netilas Yadaim 22