Jewish Owned Bakeries

Rabbi Eli Gersten
Reprinted with permission of the OU’s Daf HaKashrus

The
Tur writes that dough which is owned by a Yisroel but is baked by a non-Jew
becomes forbidden like bishul akum. This would mean that it would not
have any of the leniencies of pas akum. For example, even if pas Yisroel is
unavailable, this bread would still be forbidden. Shulchan Aruch writes similarly
that dough that belongs to a Jew that was baked by a non-Jew, without any
Jewish participation in the baking, is forbidden. However, Shulchan Aruch does
not explain whether he means to pasken like the Tur that the bread is
completely assur, or if it is like pas akum which has
certain leniencies.

Taz
and Shach interpret the words of Shulchan Aruch like the Tur, that in this case
the bread would have the status of bishul akum. This would imply that
even if the non-Jew was a palter (professional baker), there would be no
room for leniency. Pri Migadim explains that pas palter was only permitted
because of “chayei nefesh” (difficulty of living without bread), and
this heter could not be applied to bread that belongs to a Jew. Since the
Yisroel has the ability to bake the dough himself, this is not considered chayei
nefesh.

However,
Aruch Hashulchan says that we do not follow this p’sak of the Tur. Aruch
Hashulchan explains that this p’sak of the Tur is linked to another p’sak
of the Tur, which we do not follow. The Tur writes that bread belonging to a
non-Jew is always pas akum/ pas palter even if a Yisroel turns on the
ovens. Aruch Hashulchan maintains that just as Shulchan Aruch does not agree
with that ruling of the Tur, so too we do not say that Jewish owned dough baked
by a non-Jew becomes bishul akum.

Igros
Moshe offers another approach. He says that if the Jewish owned bakery requires
many workers to run, we cannot expect the Yisroel to bake all the bread
himself, nor can we expect him to only hire Jewish worker. Since he needs to hire
non-Jews to do the baking, this bread would qualify for the leniency of chayei
nefesh, and even the Tur would agree that it is permitted. Based on this,
the OU permits certifying pas palter from factories that are owned by
Jews. 

Baking
Pas Yisroel

If
a bakery wishes to bake pas Yisroel, this can be accomplished by having
a Yisroel turn on the ovens. Once the oven is turned on, it will remain in “pas
Yisroel” status, even if the fire in the oven temporarily turns off, so
long as the temperature in the oven does not dip below 176° F (80°
C), which is the lowest cooking temperature. Alternatively, if the ovens have
pilot lights that are lit and secured by the mashgiach (aish m’aish
she’hidlik Yisroel) then bread baked in this oven would be pas Yisroel
(as per Rema Y.D. 113:7). However, it is not sufficient for the mashgiach to turn
on a lightbulb or glow plug that will always remain on. Although this can be
considered a hashlachas kisem (adding a twig to the fire), there are two
explanations in the Rishonim as to why hashlachas kisem works.
Rambam says that hashlachas kisem acts as a heker
(reminder) that pas akum is forbidden. Rav Belsky points out that from the lashon
of the Rishonim¹ that the kisem is “machshir ha aish” or
“machshir ha’tanur”, it is clear that one can only create a heker,
once there is already an existing fire. Rav Schachter adds that a kisem
is only machshir the aish if it combines with the fire, which
does not happen with an electric element. Other Rishonim, including the Rosh
and Ramban explain that hashlachos kisem works only if it is mikarev
bishulo (it quickens the cooking time). Since turning on a light bulb or
glow plug has no effect on the cooking time of the bread, this cannot be viewed
a mikarev bishulo. If a heating element is installed which can
heat the entire baking area of the oven to 176°
F, and would stay on all the time then this would also be acceptable. 

Bread
baked on Shabbos

If
bread is baked on Shabbos at a Jewish owned bakery, the bread may be eaten
after Shabbos b’chdei she’yaseh (the amount of time it took to
prepare). For example, if preparation and baking time for a loaf of bread is 4
hours, in order that one should not benefit from the act of chillul
Shabbos, one must wait until 4 hours after Shabbos before consuming this bread.
Mishnah Berurah explains that this is true, even if the bread was baked for a
specific recipient. If a Jew was involved in the baking of the bread, the bread
would be forbidden to that person forever, however others, even if they were
the intended recipients, may eat the bread after Shabbos b’chdei she’yaseh.
The OU does not require kashering the keilim, since the bread
itself is permitted to the consumer after Shabbos, the beliyos in the keilim
become permitted as well. In general, regarding Jewish owned factories, the lag
time from when an item is produced until it reaches the consumer, will be much
longer than b’chdei she’yaseh.