Pat Akum

07.03.19

Question

Question:
 Rabbi,
During Bein Hazmanim a few of us took a Tiyul down to the Negev. We went on this great hike and we didn’t realize how long of a hike it was. A few of us didn’t bring a lot of food and were getting hungry suddenly we smelled a few pitas and we saw a few Bedouins baking pita. We weren’t sure if we were allowed to eat the bread because it is Pat Akum. Some of us were Moreh Heter and said anyway the problem of Pat Akum is so that we don’t become too friendly and marry our children of. Here we will never see them again. Who is right?

 

Answer

Answer:
If there is no Pat Yisrael within four kilometers in the direction you are walking/traveling you may eat from their Pitas and don’t worry about Pat Akum. You don’t have to worry about whether there were bugs in the flour because there are many Arabs who sift flour as well and most flour don’t have bugs in it.

Explanation:
The Gemara Avoda Zara 35b writes: R’ Chelbo said even according to the opinion that Pat Palter-bread made by a Non-Jewish baker is permitted, that is only when there is no Jewish baker but if there is a Jewish baker no. R’ Yochanan said even according to the opinion that Pat Palter is permitted, that is only in fields but in the city no, because of Chatunot, you may get married to each other.

The Gemara concludes that the only time Pat Akum would be permitted is if there are no Jewish bakers around and outside the city. The Rambam (Hilchot Maachalot Asurot 17:14) requires both conditions to be met however the Ritva and the Ran understood either condition is good enough.
The Rosh (27) writes the prohibition of Pat Akum depends on the custom in the place you are. Some places the custom was to forbid everything. This what R’ Yochanan meant the Pat was not permitted in B” d, in other places it was permitted, depending on their custom.

The Ritva writes there are two possibilities.
1) Bread of private people, not bakers, is always forbidden even in the fields. The Geonim and the Rambam do permit one to eat privately made bread for someone who hasn’t’ eaten bread in three days even in the fields (not like the opinion of Rebbe in Avoda Zara 35b). The Ramban in the name of the Geonim also permitted to eat it L’Kavod Shabbat. This is assuming, of course, there are no not kosher ingredients which in many cases there is.
2) Bakery bread from Goyim when there is no Jewish bakery is permitted even in the city and outside the city even if there are Jewish bakers around.
Rabbeinu Yonah added that if the bread of the Jewish Baker is not the same quality as the Non-Jewish bread than it is not called Jewish bakery bread and therefore permitted to eat the Pat Akum.
The Shulchan Aruch YOD 112:2 rules: There are places where the residents are lenient and buy bread from a non-Jewish baker where there is no Jewish baker because it is extenuating circumstances.
The Rema adds: Some say even when there is Pat Yisrael it is permitted. The Chatam Sofer explains the Erma follows the opinion of the Rosh that the prohibition of Pat Akum was dependent on custom and some places didn’t accept the prohibition of Pat Akum.

This all taking about Bakery bread where if there is no Jewish Bakery than the Shulchan Aruch permits eating it, however, The Bedouins are not a bakery and it is considered Pat Baal Habitat, not bakery bread. ON this the Shulchan Aruch rules,” Bread of private people the is no one who is lenient since the actual decree was against Chatunot and if you start eating their bread you will start eating meals by them and …” There doesn’t t seem to be any Heter to eat private bread.

Shach (112:8) explains the Rema that he follows the Rosh that it is permitted to eat Pat Palter even if there is Jewish bakery, that it is permitted Pat Baalei Batim since they didn’t accept the prohibition at all.
According to Shulchan Aruch, it is forbidden.
The seems to be a contradiction between the Shulchan Aruch between 112:2 and 112:8,” There are those who say that if there is no Egyptian bakery it is permitted to eat the bread of Baale Batim.” In Seif 2 Pat Baalei Batim is prohibited but in Seif 8 the is room to be lenient if this is the only bread in the area.
The Aruch HaShulchan answers that the bread of private house owners is forbidden only where there are also bakeries then they only permitted the bakery bread because the baker is busy with this work and there is no time to socialize but where there is no other option is it's permitted. So rules the Yalkut Yosef YOD 112:1,” There are those who permit private bread.” In Halacha 4 he writes, “in extenuating circumstances where there are no bakeries it is permitted to eat from Pat Baal HaBayit, it is permitted to but bread from a private person for Shabbat.”
One who is on a Tiyul there is no option of buying bakery bread so it would be permitted to by a pita from them, on one condition. The Shulchan Aruch adds in seif 16, “there are those who say one must be careful not eat Pt Akum if you are traveling if there will be Pat Yisrael within 4 Mil (4km) and you must wait.”
If you continue another 4km and end up by a store or a Jewish Bakery, then you must wait.
The PItchei Teshuva there quotes the Shut Bet Yosef that there is no difference between riding a horse (same in a car) or walking. The shiur depends on distance, not time. However, if one is on Tiyul with your children and it takes a long time to walk then we can use the time, 72 minutes to be lenient.
The fact that you are single have no children to socialize. The Rema writes (112:1) even if there is no chance of Chatunot it is forbidden.” The Shach explains Even the bread of priests who have no children it is forbidden since it is not the specific person, we are worried about rather socializing with him will bring to socializing with others. The Taz just writes “Lo Plug Chachamim- The chachamim didn’t qualify their decrees and they apply everywhere.

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