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The Status of Food Cooked by a Non-Jew on Shabbat for a Jewish Patient

The Shulhan Aruch (Orah Haim 328:17) rules that the prohibition of "Bishul Akum" – eating food cooked by a non-Jew – is waived in the case of an ill patient who, on Shabbat, needs to eat and there is no suitable food available. Even if the patient’s condition is not life-threatening, nevertheless, a non-Jew may be asked to prepare food for the patient on Shabbat, and the Jewish patient may partake of the food.

The Mishna Berura (Rav Yisrael Meir Kagan of Radin, the "Hafetz Haim," 1839-1933) comments that once Shabbat ends, the food becomes forbidden, even for this patient. Since the dispensation was made only because Jews cannot prepare food on Shabbat, it no longer applies once Shabbat ends and Jews can prepare food for the patient. Earlier (318), however, the Mishna Berura expressed a different view, writing that in such a case, where a non-Jew cooked food for an ill patient on Shabbat, the food remains permissible after Shabbat, and it may be eaten even by others, and not only by the patient.

This is one of numerous instances where two rulings of the Mishna Berura contradict one another. Later scholars note that it took the Hafetz Haim some twenty years to compose this colossal work, as he of course did not have access to computers and other modern conveniences. He needed to research all the material in other books, write the information by hand, and review it several times over. This was a major undertaking, for which he enlisted the help of his son, who was an accomplished Torah scholar in his own right. As a result, there are times when two rulings contradict one another, because the Hafetz Haim himself reached one conclusion and his son reached a different conclusion.

Returning to the topic of food prepared by a non-Jew for an ill patient on Shabbat, and its status after Shabbat, Hacham Ovadia Yosef noted that this issue was already debated by the Rishonim (Medieval Talmud scholars). The Ra’a (Rav Aharon Ha’levi, Spain, 1235-1303) maintained that once the Sages allowed an ill patient to eat food prepared for him by a non-Jew on Shabbat, this food is no longer subject at all to the "Bishul Akum" prohibition. It is entirely permissible, and therefore it may be eaten even after Shabbat, and even by people other than the ill patient. The Rashba (Rav Shelomo Ben Aderet of Barcelona, 1235-1310), however, maintained that the "Bishul Akum" prohibition was only temporarily suspended for the sake of the ill patient’s wellbeing. This provision was made to help the patient, but its scope is limited, and does not apply after Shabbat, and thus once Shabbat ends, even the patient himself may not eat this food. As Hacham Ovadia proceeded to observe, many later authorities followed the Rashba’s stringent ruling. These include the Kenesset Ha’gedola, the Peri Hadash, the Hida (in Birkeh Yosef), the Zibheh Sedek (Rav Abdullah Somech), and the Ben Ish Hai.

In light of the fact that the majority of Halachic authorities follow the Rashba’s view, Hacham Ovadia writes that this is the accepted ruling, and thus food prepared by a non-Jew for an ill patient on Shabbat becomes forbidden after Shabbat. However, Hacham Ovadia adds, this applies only in the rare case where the non-Jew prepared the food in his home. If the non-Jew prepared the food in a Jew’s home, then the food may be eaten after Shabbat. The basis for this distinction is the ruling of the Ra’abad (Rav Abraham Ben David of Posquieres, 1125-1198) that the entire prohibition of "Bishul Akum" applies only to food cooked by a non-Jew in his home. According to the conventional, accepted position, the prohibition of "Bishul Akum" was enacted for the purpose of limiting social interaction between Jews and non-Jews, in order to prevent intermarriage. The Ra’abad, however, maintained that the prohibition was enacted out of the concern that the non-Jew may add some non-kosher ingredients to the food, and therefore, if the food is prepared in a Jew’s home, where all the ingredients are kosher, the food is permissible. Although Halacha does not follow this view, Hacham Ovadia writes that this view may be taken into account, thus creating a "Sefek Sefeka" ("double doubt") in the situation of food prepared for an ill patient on Shabbat. First, the Ra’a maintains that the food in this case becomes permissible after Shabbat, and even according to the majority view, the Ra’abad maintains that "Bishul Akum" to begin with does not apply to food cooked in a Jew’s home. In light of this, if a non-Jew cooked food for an ill patient on Shabbat in a Jew’s home, it may be eaten – by anybody – even after Shabbat ends.

Summary: If an ill patient needs to have food prepared for him on Shabbat, a non-Jew may be asked to cook the food, and it may be eaten on Shabbat. If the food was cooked in a Jew’s home, then it may eaten even after Shabbat. If the non-Jew cooked the food in his home, then it becomes forbidden – even for the patient – once Shabbat ends.

 


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