All Piskei Horav Yisroel Belsky Shlita

are reviewed by Horav Yisroel Belsky Shlita

The prohibition of eating and drinking before davening starts from one half-hour before alos hashachar.[1] Some are of the opinion that one should not eat from after chatzos[2] (unless doing so is necessary for tefilla),[3] although drinking is permitted until alos hashachar.[4] The minhag is that one may eat after chatzos until one half-hour before alos hashachar. [5] One who wants to eat within the half-hour before alos hashachar should eat less than a kebeitzah (less than 2.2 ounces) of bread or mezonos. Eating fruit or drinking is permitted.[6] A woman may eat bread or mezonos within the half-hour before alos hashachar.[7] Once alos hashachar arrives one may generally not eat or drink, unless he is weak and it is needed for davening.

 

Within these guidelines one is permitted to eat or drink the night before a fast (until alos hashachar) as long as he has not slept a shenas keva.[8] One who has slept a shenas keva may not eat or drink (even before the fast begins) unless he made a t'nai before going to sleep.[9] Some say this condition should be made verbally,[10] while others say it is sufficient if one thinks it in his mind before going to sleep that he does not want the fast to start with  his sleeping. The reason why a condition helps is because it is like saying that one is not yet accepting the fast upon himself.[11] Some say one does not need a condition to permit drinking since people usually drink something upon awakening.[12] According to this opinion one who would normally drink coffee is permitted to have a coffee etc before a fast even without a condition.[13] However, one who does not normally drink when awakening would require a condition before being permitted to drink.[14] L'maseh, one who is not used to drinking and did not make a condition that he wants to drink may still drink anyway.[15]

 

 

According to the letter of the law one is allowed to eat up until a kebeitzah of bread, drink wine, or eat unlimited amounts of fruits outside the Succah.[16] However, one who is stringent and drinks even water (and for sure a small shiur of bread)[17] in the Succah is fortunate.[18]  Some say that it is proper to only drink wine and "other beverages" during a seuda, or to be careful not to be koveah (drink a lot of it).[19] Coffee does not go into the category of "other beverages" and one may drink it out of the Succah,[20] nonetheless, one who drinks coffee etc in the Succah is fortunate.[21]

 

One should not eat or drink before hearing the megillah by night;[22] however, if he can not concentrate without having a coffee it is permitted. The reason is since it is for the need of the megillah it is not considered a disgrace to the megillah.[23]

 

 

In order to fulfill the mitzvah of sending mishloach manos one does not have to only send food items; a drink is considered a food item as well,[24] therefore, one may send one drink item and one food item or two drink items.[25] Some say one can send a hot coffee as well.[26]

 

 

The Rama[27] says one who drinks milk made from almonds (pareve) in the same meal with animal meat should place some of the almonds next to him so there will be no concern of maris ayin.[28] Some say one should do so even when eating chicken.[29] However, if doing so is not possible, one may still eat the meat and pareve milk together.[30] Some say the whole concern of maris ayin in this regard is by a big seuda, but if one is eating these foods in one's house there is no need to place the almonds.[31]

 

The custom is that using pareve milk with chicken is permitted even without almonds on the table for a number of reasons. Eating chicken with almond milk was not part of the gezeirah and we do not need to add other concerns of maris ayin if they were not mentioned in the Gemorah.[32] Furthermore, pareve milk is so common[33] that one would not think that you are using real milk for a coffee etc. while eating a fleshig meal.[34] Therefore, there is no need to place the bottle of creamer on the table in order to let people know that the milk being used is pareve.[35]

 

The question arises if there is a concern of maris ayin with walking into a coffee shop to get a coffee, since people will see you walking in and they sell non-kosher in the store as well. L'maseh, since a coffee shop sells kosher items (coffee) as well as non-kosher, there is no maris ayin concern.[36] This is common when walking into a rest stop store.[37] Walking into a store which sells only non-kosher according to some poskim would be a problem.[38] Those who are makpid to only drink cholov yisroel, should be careful not to drink from an opened cholov yisroel bottle on a road stop unless you see the person in the store opening it. This is because we can not verify that cholov yisroel milk is in there.

 

 

Today, most people consume coffee in the instant form, rather than freshly brewed etc.

 

There are many factors which need to be addressed if we consider coffee a concern of bishul akum.

 

During the production of coffee the coffee beans are ground. The ground beans are then cooked in water many times in order to extract flavor from the beans. The liquid is then dried either by spray drying, which is a process of atomization whereby heat and pressure are used to form solid crystals, or by freeze drying, which is a process that the extract is frozen and evaporated to leave a solid slab of coffee.[39] 

 

A food which is uneatable raw or is fit to be served on a king's table is subject to the halachos of bishul akum.[40] It would seem that coffee would fit this criteria since it is not edible raw and it is fit to be served at a fancy function (king's table).[41] Therefore, the fact that the non-Jew cooked the coffee beans to make it into a powder is not a concern of bishul akum since that is not fit to be served on a king's table the way it is.[42] Therefore if a Yid buys instant coffee and adds the water, it is permitted to be used.[43]

 

Tosfas in Mesechtas Avodah Zarah[44] holds that there is no concern of bishul akum with beer, since the beracha on beer is a shehakol because the grain is non-existent in the liquid beer.

 

Based on this reasoning, the opinion of many poskim is that coffee is not a concern of bishul akum since its main ingredient is water.[45] This reasoning is quoted by most poskim.[46] On the other hand, the custom of many is not to rely on the lenient opinion.[47] There is an opinion in the poskim that although a food which is fit to be served on a king's table is subject to the halachos of bishul akum, a liquid is not subject to that halacha and is permitted.[48] This opinion is a lone opinion and is not to be relied upon.[49] Others say if a food is served on a king's table as a dessert then it is subject to the halachos of bishul akum.[50] According to this, coffee would be subject to the halachos of bishul akum since one normally drinks coffee at the end of a meal.[51]

 

There is an opinion in the poskim who says if a Yid adds sugar to the coffee then the Yid is making it fit to drink.[52] However, this is not a valid sevara to permit coffee since people drink coffee without sugar as well.[53]

 

The fact is that since coffee does not need hot water to make the instant coffee into liquid, the hot water which the goy or Yid has is meaningless.[54] Therefore, the main reason why coffee is not subject to bishul akum is because it is botel since there is so much water in it.[55] Others say another reason why coffee is not a concern of bishul akum is, although it is possible to add cold water to make the coffee beans into liquid the taste is different than if hot water would be placed in to it. Therefore, if one places hot water he is making it taste better and it is as if the Yid is finishing it off.[56]

 

As stated above, there are many reasons to permit the drinking of coffee, and not to be concerned about bishul akum. Therefore, the custom throughout the generations is to permit the drinking of coffee.[57] One who wants to be stringent should do so for himself and not for others.[58] Some say those who were stringent were talking where the goy made the coffee, but if the Yid is adding the water they would agree that it is permitted.[59]

 

 

The coffee purchased in a vending machine is permitted to drink and there is no concern of bishul akum at all.[60] One should make sure that the same machine does not produce chicken soup etc or other non-kosher foods.[61]

 

The halacha according to the Shulchan Aruch[62]is that one may not drink beer in a place of non-Jews (such as in their houses or stores) since doing so may bring to chasnus (intermarriage).[63] However, this is only if one is drinking for a long time, but if he makes it quick[64]  and is not accustomed to do doing it, then it is permitted.[65] A place of goyim means a bar where they consume these drinks, but a store which is not meant to sit down is not include in this halacha.[66]

 

The Rama[67] says that the custom is to permit beer made from honey or grain.[68] Some say that coffee is permitted to be drunk with goyim in their coffee houses.[69] There is no concern of chasnus with drinking coffee with the goyim since this concern is only regarding beverages which intoxicate.[70] However, the Chochmas Adom[71] mentions that many bad things can come from drinking even coffee with them.

 

There are some poskim who say one is permitted to drink kanyak, and rum with goyim, since it is expensive it is not commonly found and there was no gezeirah on them.[72]

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