Guidance on Employment Involving Non-Kosher Food

Hi Rabbi! I'm so excited, I was looking for a summer job, you know for some pocket money and I got hired for my first job ever! I can't believe I'll be a waiter at McDonald's! I never earned so much money in my life and that's without adding all the tips! But something got me thinking, and I wanted to make sure it's ok, as it really isn't a kosher restaurant. Do you think there might be a problem? LMK, M.

Thank you for your question.
I would like to congratulate you on seeking advice about employment. Not many people realize that in the business world, it is also important to ensure that whatever you are doing is aligned with halacha. Very often, one isn't even aware of the halachic implications that may be involved in the business one is pursuing. May you continue this good practice in all your future endeavors to always make sure that it conforms with halacha.
When it comes to working with non-kosher food, there are two halachot that we need to learn:
1. Issur Mis'schar – food that is forbidden to do business with:
Food that one is forbidden to eat because it is not kosher Min HaTorah (food that the Torah forbids to eat) is not only forbidden to eat but also one may not do business activity with this food.
The source of this prohibition is from Mishnah tractate Shevi’it, Chapter 7, Mishnah 3:
“שאין עושים סחורה בפירות שביעית ולא בבכורות ולא בתרומות ולא בנבלות ולא בטרפות ולא בשקצים ולא ברמשים.”
One may not trade with the fruits of the Shemittah year, nor with firstborn animals, nor with fruits that are Terumah (tithes), nor with unslaughtered dead animals, nor with Treif animals, nor with creeping things, nor with insects.
• The Shulchan Aruch Yoreh De'ah 117 states:
כל דבר שאסור מן התורה, אף על פי שמותר בהנאה, אם הוא דבר המיוחד למאכל אסור לעשות בו סחורה
Anything (food) that is forbidden by the Torah, even though it is permitted for benefit, if it is something specifically for eating, it is forbidden to trade with it.
• The Shach, a commentary on the Shulchan Aruch, gives two explanations why it is forbidden:
1. Since one is in the vicinity of food and working with food, one may come to eat the food. To avoid this from happening, the Torah (Rabbi Akiva Eiger 'Tinyana' chap. 32) forbade us from working around forbidden food.
2. The concern is not that one may eat the forbidden food since a Jew is God-fearing and there is no reason for this concern. Rather, the reason is that since a Jew is working with this food, others might think that since a Jew is working with it, it must be kosher and they will come to eat it.
• Lehalacha, this activity is forbidden even if one doesn’t have any ownership of the food and is just being employed to work with the food for the above reasons (Chasam Sofer in “Shut Chasam Sofer Siman 25”).
2. Issurei Hana'ah - The prohibition from profiting from certain forbidden foods:
• There is a category of forbidden foods that the Torah not only forbids one to eat but also forbids one to profit from, called issurey hana'ah. For example, meat that was cooked with milk cheese, or butter. Not only one may not eat it, but one may also not sell it or have any form of benefit from it.
• The Rashba (‘Shut’ Siman 177) writes that, for instance, if one is offered a job to guard chametz on Pesach (which is issurey hana'ah), he has to decline since it is considered profiting and benefiting from chametz. Similarly, when one earns a wage to serve cooked milk and meat products, it is considered benefiting from issurey hana'ah and is forbidden.
Circling back to your question about whether you should accept the job or not, according to the halachot above, it is forbidden to accept this specific job since:
• A waiter working with non-kosher food will come to eat it, as is generally the way of a waiter.
• Since the food may have been cooked with milky ingredients, it is considered a food of the category called issur hana'ah, and it is forbidden to profit or earn a wage from this service.
So, maybe this job wasn’t suitable, but at least you learned a great lesson about how in the business world one should always check if it conforms with halacha.
Wishing you much success in finding a great job.

1. Mishnah, Tractate Shevi'it, Chapter 7, Mishnah 3.
2. Shulchan Aruch, Yoreh De'ah 117.
3. Rabbi Akiva Eiger, 'Tinyana', Chapter 32.
4. Shach on Shulchan Aruch, Yoreh De'ah 117.
5. Chasam Sofer, 'Shut Chasam Sofer', Siman 25.
6. Rashba, 'Shut', Siman 177.