Chalat Chutz Laaretz

17.03.19

Question

Question:
Hello Rabbi,

I was in a Piza shop the other day in New York. After we finsihded the Pizza and said  aBracha Acharona. The Mashgaich walked in a tld everyone to wait Cahlah wasna’t take from the dough and he is taking it now.  I was afraid that I ate Issur. Did we eat Isur. If ht eonwer made a mistake and dint take Chalah can we ask for our money back?

 

Answer

Answer:
The Mashgiach is allowe to take Cahllah off afteryou started eating but ther has to be a little bit left. If yo ate and and yo can’t take challah anymoreyo stil needot pay for the pizza.
 
Explanation:
The Gemra in Bechorot 27a: Rava said Terumah(Challah)  from Chutz Laaretz there is no proleem fo the Koehn helping yo mafrish so he can get the Terumah (as opposed to Ertz Ysiroel). Rashi explains: Sicen Terumat chutz laaret is Derabanan, rabbinic so the kohen can help out. So rules the esa YOD 322:3 we separate Cahalh in cutz laaretz only from the Rabbinical decree so we shodl not froget the mitzvah of challah in Eretz Yisrale.
The Gemara in Bchorot continues: Shmuel said Teumat Chutz laaretz you can eat the fod and separate ti afterwards.
The Reshonim argue how much ther ahas to be left.

Rashi sya tha you must leae over the shirur fo Challah and separate it at the end.
Tosfot siad tha one must leave over ‘MiKiryo” from his pile of grain, in this case the dough. Tosfot holds tha tone mst levrepove formthe dough. Which is the dough plus alittle bit more.
The Rosh asks on Rashi where did he get the shiur exactly Cahlah?The msihna in Challah seems to say you need more than the shiur. TheMshan 1:9syas tha tsomoen  who makes his whole doughinto challah it is meaningless unless he leaves some over. You need have clear leftovers. This s opposed to Tosfost who hold that you need to have some set asid.
 
The difernce between them is accordignot the Rosh you need a big piece but Tosfot hols that as long as you separated from the beginning so even  tiny piece is enough. The fact at you have to seperate from the original piece is not Meakev.
The Shulchan Aruch YOD 323:1: If yo wantot eat first andt hen separate the Cahllah, in Chu”l is permitted since it sinoy RQbbni, but in Eretz Yosroel nowadays yo can’t et until iti sseprated  from the dough, ideally.
The Rema writes : you need to leave of=ver a little more than the amount of Cahalah that ther should be leftovers pieces ehn yo fish.

One may Mfrsih chaoh in Chu’L even after they eatThe machigach tolk Chalaha from the dough so yo did not eat Issur sine ther was left over dough. If it wa s pcmpletely finsihed then you did transgress a Rabinibc prohibiton.
As to whether you  have to pay if they made a mistake.

The Gemara in Bechorot 37a : One who lsaughters a cow and slold it and it turns out to be not Kosher, that which he ate already he ate and whatever he dint he gives back to the seller and he retrurns ther money.
So rules the Shulchan Aruch in CM 234 that any fod whc is fobidenot eat atha was bought unwittingly the sael is nullified an he must return the money.  The Shulchan Aruch quoting the Rambam wrties that owever that which only ha a Rabbinc prohibiton if the fod is stil around then he can give it back but if he ate it then the seller returns nothing and the esale is stays.

The Maggid Mishan asks where di the Rambam get the ehalcha which doesn’t appear in the Gemra? He explasn hat the differcne is since the buyer receive d pleasure from the fod, he doent get motney back. It similarly syasin Masechta  Sheviit (7:4)  that oen can do businds with soemthgin wich is onlya prhbitied Rebbinically.
The Kesef Msihan dd sthat even there is no clear source for the Rambam, it seems  eveyroe acceptind his opion.
The Netivot Hamishapat expliasn the eresaoning for this Halahca. He expliasn tha the anyone who transgresses a Rabbinic prohibition accidentally did not do an Aveirah. A Torah prohibiptn is on the actual food, so fi yo ate ti you ate Issur and thet I disgusting so yo get your money back. A Rabbinic prohibiotn  s a decree placed on the person himself, tha the shld not willingly eta this.  If he ate unknowingly then he did not transgress what the Rabis said. Ther fer he cnat ask fo rhsimoney back.
‘so I our stiutation since yo ate the Challah without knowing sinc eiti sin Chutz ;aaretx you wil still have to pay.

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