Fall 2021<\/p>\n\n\n\n
Making a Good Impression<\/strong><\/p>\n\n\n\n The kohen tasked with removing funds from the treasury of\nthe Bais Hamikdash needed to go to great lengths to avoid any suspicion of\nstealing: he could not wear hemmed clothing, or even tefillin, lest he hide a\ncoin in them. He was required to speak the entire time so that he could not hide\nany coins in his mouth. When he exited the treasury, his hair was combed to\nensure that he did not squirrel away any money in his curls! The Mishnah\nexplains that these measures were necessary, as there is a Torah obligation to\navoid suspicion: \u201c\u2026v\u2019hiyisem neki\u2019im meHashem u\u2019meYisroel<\/em>, \u2026 and you\nshall be innocent before Hashem and before Israel.\u201d[1]<\/a><\/p>\n\n\n\n Activities that give an impression of transgressing Halacha must\nbe avoided, even if they are intrinsically permitted. This area of Halacha is\nknown as maris ayin <\/em>and chashad<\/em>, the appearance of transgressing\nan issur<\/em>.[2]<\/a>\nInterestingly, Rav Moshe Feinstein, zt\u201dl<\/em>, writes that this only extends\nto things that are truly forbidden. Things which people mistakenly assume are\nforbidden, but are in fact permitted, are not included in the prohibition of maris\nayin<\/em>, despite the poor optics.[3]<\/a><\/p>\n\n\n\n Miseducation<\/strong><\/p>\n\n\n\n There is another, almost opposite, aspect to maris ayin<\/em>.\nConsider this: Although the blood of animals and birds may not be eaten, fish\nblood is permitted. Nevertheless, a significant amount may not be consumed\nunless there are fish scales mixed into it.[4]<\/a>\nRashi explains that an undiscerning observer might otherwise mistake it for the\nblood of animals or birds and conclude that those bloods are permitted.[5]<\/a>\nIn other words, it is forbidden to give people the\nimpression that something is permitted when it is truly forbidden.<\/a> <\/p>\n\n\n\n Changing Fashions<\/strong><\/p>\n\n\n\n Since maris ayin<\/em> is all about the eye of the\nbeholder, this area of Halacha is uniquely subject to cultural assumptions. Another\ncase: The Torah prohibits shatnez<\/em>, wearing clothing that is a mixture of\nwool and linen. The Mishnah prohibits mixing wool with silk as well, since silk\nis similar enough to linen that there is a concern of maris ayin<\/em>.[6]<\/a>\nNevertheless, the Shulchan Aruch permits mixing silk with wool, as silk\ngarments had become common by that point.[7]<\/a>\nThe poskim<\/em> point out that although it is unheard of to deviate from the\nrulings of Chazal, since the reason given for this prohibition was due to maris\nayin, <\/em>the prohibition only applies for as long as that concern applies.[8]<\/a><\/p>\n\n\n\n I Can\u2019t Believe It\u2019s Nut Milk<\/strong><\/p>\n\n\n\n Plant-based milk products have gained tremendous traction\nover the past several years. Almond, rice, soy, and coconut milks are all\nwidely available and are a first choice for many consumers. Can they be used\nfreely with meat, or is doing so a problem of maris ayin<\/em>? <\/p>\n\n\n\n This contemporary question is actually centuries old. In the 1500s, Rav Moshe Isserles, the Rama wrote, \u201cThe custom is to make milk from almonds and to place fowl meat in it, since it [i.e., the prohibition of milk and fowl] is only Rabbinic. However, when serving this dish with animal meat (which carries a Torah prohibition when prepared with milk), almonds should be placed next to the \u2018milk\u2019 to avoid maris ayin<\/em>.\u201d[9]<\/a> The Shach argues that there is a concern of maris ayin<\/em> even for Rabbinic prohibitions and requires that almonds be displayed even with fowl meat.[10]<\/a> The custom is to follow the Shach\u2019s opinion, and to display the container of non-dairy milk if it is being cooked or served with any type of meat.[11]<\/a><\/p>\n\n\n\n Other contemporary applications of this Halacha include\nmargarine, coffee creamer, and pareve ice cream. All of these are replacements\nfor their dairy equivalent and should therefore require a display of their containers\nwhen used at a meat meal. However, since it is well known that these items are\ncommonly pareve, this is not necessary (similar to the case of silk \u2018shatnez<\/em>\u2019\nabove.)[12]<\/a><\/p>\n\n\n\n McKosher<\/strong><\/p>\n\n\n\n In the opposite case, where the \u201cmeat\u201d is plant-based, it is\nquestionable whether the same leniency would apply. Although soy hotdogs and\nhamburger meat have been available for many years, these products have never\ngained the same popularity as plant-based milk. Additionally, contemporary\nvarieties, such as Beyond Meat or Impossible Burger, go to great lengths to\nsimulate the full carnivorous experience, even adding beet juice so that the\nmeat will \u201cbleed.\u201d Therefore, it is appropriate to display the container or packaging\nwhen serving these items with dairy. Similarly, STAR-K restaurants which serve\nmeat dishes with pareve cheese must state clearly on the menu that the cheese\nis pareve. <\/p>\n\n\n\n Eating Out for Fun and Profit<\/strong><\/p>\n\n\n\n Another frequent question of maris ayin<\/em> is\npatronizing non-kosher establishments. People who consider themselves careful\nabout kosher shop at non-kosher establishments all the time. Supermarkets,\nbig-box stores and drugstores all sell non-kosher products. Nevertheless, there\nis no concern of maris ayin<\/em> since it is common knowledge that kosher\nproducts are also available in these establishments and people are careful to\nonly buy the kosher products. For the same reason, one may buy and eat kosher\nfood and drinks in cafeterias, coffeeshops, and food courts at airports and\nrest stops.[13]<\/a><\/p>\n\n\n\n This reasoning does not extend to non-kosher restaurants.\nRav Moshe Feinstein rules that one may not eat at a non-kosher restaurant\nbecause of maris ayin[14]<\/strong><\/a>,\n<\/em>even if there is food on the menu that is technically kosher. In fact, he\nwrites that one may not even enter<\/em> the restaurant, although this does\nnot apply if one is painfully hungry and has no other food to eat. In such a\ncase, one may <\/em>enter the non-kosher restaurant and order kosher food. If\nhe see someone who recognizes him, he must explain why he is there, and that he\nis only ordering kosher items.[15]<\/a>\nThis reasoning can be extended to another desperate situation: someone who\nneeds a restroom and the only one available is in a non-kosher restaurant may go\ninside for that purpose.[16]<\/a>\n<\/p>\n\n\n\n Often, major business deals are not decided in boardrooms\nand offices. The social lubrication of food and drink help people come to terms\nwith each other.[17]<\/a> This\ncreates an uncomfortable situation for people needing to do business with\nnon-Jews in a non-kosher restaurant. Is it allowed or is it maris ayin<\/em>?\nRav Moshe Heinemann, shlit\u201da<\/em>, has said that since one is meeting others\nin the restaurant, and it appears to be for business purposes, there is no maris\nayin. <\/em>He may not order non-kosher food, even if he does not eat it. Kosher food may be\nordered if it is easily recognizable as such.[18]<\/a><\/p>\n\n\n\n Public Perception<\/strong><\/p>\n\n\n\n The Gemara[19]<\/a>\nasks, \u201cWhat is an example of chillul Hashem<\/em>? Rav said, \u2018If I were to\npurchase meat on credit.\u2019\u201d Rashi explains that were he to delay payment for his\npurchase, it would be seen as stealing, and others would come to take the prohibition\nagainst stealing lightly. \u201cRebbi Yochanan said, \u2018If I were to walk four amos\n<\/em>without Torah and tefillin.\u2019\u201d Again, Rashi explains: although Rebbi\nYochanan was weak and tired from the immense effort he put into his learning, if\nothers were to see him relax for even a short time, they would take Torah\nlearning that much less seriously.<\/p>\n\n\n\n These great men were very cautious\nto avoid activities that were permissible and even justified. Their awareness that\nthey could lead others to excuse and rationalize forbidden behavior held them\nback. <\/p>\n\n\n\n Although such behavior may seem far\nbeyond us, in truth, each one of us has a responsibility to uphold not only the\nletter of Halacha, but its seriousness as well. These halachos<\/em> of maris\nayin<\/em> should serve as guides to help us shape our lives in a way that is mekadesh\nshem Shamayim<\/em>. [1]<\/a> Shekalim<\/em>\n3:2 and Yerushalmi<\/em> ad. loc., Vayikra<\/em> 32:22<\/p>\n\n\n\n [2]<\/a> There\nis considerable discussion among the Acharonim<\/em> about the similarities\nand differences between maris ayin<\/em> and chashad, <\/em>andtheir\ntechnical limitations. See, for example, Sdei Chemed Ma\u2019areches Mem Klal<\/em>\n80, Igros Moshe<\/em> O.C.<\/em> 4:82, Minchas Asher<\/em> 1:65-67. For the\npurposes of this article, which deals with the practical applications, we will\nuse the term maris ayin<\/em> even for matters which may technically be\nclassified as chashad<\/em>.<\/p>\n\n\n\n [3]<\/strong><\/em><\/a>\nIgros Moshe<\/em> (O.C. 1:94) regarding his personal practice to be driven to\nshul on Friday after candle lighting.<\/p>\n\n\n\n [4]<\/a> Apparently,\nthis is not a popular taste. Although oxblood, pig blood and fowl blood soups\nare common in European and Asian cooking, this author was unable to find any\nrecipes containing fish blood.<\/p>\n\n\n\n [5]<\/a> Kerisos<\/em>\n21b, Rashi<\/em> s.v. Shekonsu<\/em><\/p>\n\n\n\n [6]<\/a> Kilayim<\/em>\n9:2<\/p>\n\n\n\n [7]<\/a> Rosh\nHilchos Kilayim, Shulchan Aruch Y.D<\/em>. 298:1<\/p>\n\n\n\n [8]<\/a> Pischei\nTeshuva Y.D<\/em>. 298:1 <\/p>\n\n\n\n [9]<\/a> Y.D<\/em>.\n87:4. See also \u00a75 regarding human milk.<\/p>\n\n\n\n [10]<\/a> Ad\nloc. <\/em>\u00a76<\/p>\n\n\n\n [11]<\/a> Many\npopular brands of non-dairy milk carry a \u201cDairy\u201d designation on their kosher\nsymbol. This may be due either to dairy additives or to being processed on\ndairy equipment. Such products should not be used with meat. It is also\nimportant to note according to FDA regulations products labeled as \u201cnon-dairy\u201d\nmay still contain milk derivatives, such as caseinate.<\/p>\n\n\n\n [12]<\/a> Cheishev\nHa\u2019efod<\/em> 1:20, Daas Torah Y.D<\/em>. 87:3 as well as many contemporary\nauthorities. See also Plesi<\/em> 87:8, who arrives at the same conclusion\nbased on other sources. If these items are served after the meat course is\ncleared, as is usual with ice cream and coffee, there is additional reason to\nbe lenient, as the casual observer cannot tell how long has passed since meat\nwas eaten (Rav Moshe Heinemann, shlita<\/em>).<\/p>\n\n\n\n [13]<\/a> In\nthese circumstances one need not be concerned if cups have branding of\nnon-kosher companies on them.<\/p>\n\n\n\n [14]<\/a>\nAdditionally, an observer may mistakenly conclude that the restaurant is\nkosher.<\/p>\n\n\n\n [15]<\/a> Igros\nMoshe O.C<\/em>. 2:40<\/p>\n\n\n\n [16]<\/a> Insights\nfrom the Institute \u2013 Kashrus Kurrents,<\/em> Summer 2009.<\/p>\n\n\n\n [17]<\/a> Sanhedrin<\/em>\n103b<\/p>\n\n\n\n [18]<\/a> See Igros\nMoshe<\/em> ad loc<\/em>, who writes that this maris ayin<\/em> does not apply\nin case of loss, and Minchas Asher<\/em> 1:67, who permits a similar question\nassuming that the prevailing assumption is that the Jew\u2019s presence is for\nbusiness purposes only.<\/p>\n\n\n\n [19]<\/a> Yoma<\/em>\n86a<\/p>\n","protected":false},"excerpt":{"rendered":" Fall 2021<\/p>\n Making a Good Impression<\/strong><\/p>\n The kohen tasked with removing funds from the treasury of
<\/p>\n\n\n\n
\n\n\n\n
\nthe Bais Hamikdash needed to go to great lengths to avoid any suspicion of
\nstealing: he could not wear hemmed clothing, or even tefillin, lest he hide a
\ncoin in them. He was required to speak the entire time so that he could not hide
\nany coins in his mouth. When he exited the treasury, his hair was combed to
\nensure that he did not squirrel away any money in his curls! The Mishnah
\nexplains that these measures were necessary, as there is a Torah obligation to
\navoid suspicion: \u201c\u2026v\u2019hiyisem neki\u2019im meHashem u\u2019meYisroel, \u2026 and you
\nshall be innocent before Hashem and before Israel.\u201d[1]<\/a><\/p>\n