Bishul Akum / Bishul Yisrael

As a general rule, food must not only be kosher, but must also be cooked by a Jew or for a Jew to at least participate in the cooking in some way. (1)  This is referreed ti as “Bishul Yisrael.” Food that was cooked by a non-Jew is referred to as “Bishul Akum” and might be forbidden to eat. As we will see.

A non-Jew is permitted to cook foods that are regularly eaten raw, and such foods are not subject to any Bishul Akum concerns. So too, foods that are not commonly served "on a king's table" are not subject to Bishul Akum concerns, either. (2) Therefore, foods such as instant soup, porridge and corn shnitzel (3) may be eaten regardless of who cooked them as long as all the ingredients are kosher.

There are two reasons why the sages instituted the bn on non-Jews cooking our food. One reason was to better limit our interaction with non-Jews thereby minimizing the chances of intermarriage. (4) The second reason was in order to better ensure any kashrut problems with the food by having a Jew cook, or at least participate in the cooking in some way. This helps ensure there are no kashrut mix ups. (5)

According to the Mechaber, for food to be considered Bishul Yisrael, a Jew must actively participate in the cooking process, like to light the fire and then to place the pot on the fire. (6) According to the Rema, it suffices for a Jew to merely turn on the fire in order for food to be considered bishul Yisrael . Ashkenazim follow the ruling of the Rema and Sefardim and some Ashkenazim follow the ruling of the Mechaber.

There is much discussion as to the status of cooked food by a non-observant Jew or a jew who desecrate shabbos even in front of a Rabbi. According to Halacha it is to be consdered bishul akum.  However in this case even according to the Sefardi minhag it is enough to just light the fire and it is best that a non-observant Jew not be left alone during the cooking process. For example, there should always be an observant Jew supervising with the food preparation.

Even if one took care of the bishul akum Halacha one must be sure not to allow non-Jews, such as a housekeeper or nanny, to cook any food on their own in one's pots if they did one would be required to kasher  the pots and utensils that a non-Jew used to cook food without supervision. This is true even if all the food that was used was completely kosher since maybe they mixed milk and meat etc.. (8) At the very least, one must ensure that a Jew enters the kitchen from time to time whenever a non-Jew is cooking in one’s pots, and not just to enter but understands what is going on with the cooking then it would be permitted. 

1. Mishna, Avoda Zara 2:6. See Tosfot there who notes that bishul akum is one of the oldest rabbinic enactments. YD 113:1-3,7.

2. While there are many interpretations as to the modern-day definition of “a king’s table” it is generally accepted that it applies to food that is fancy enough to be served at a state dinner. See Aruch Hashulchan 113:18.

3. Furthermore, the Pri Chadash, YD 113:2 rules that any food eaten as a snack or dessert is not subject to bishul akum.

4. Avoda Zara 35b, Rashi; Rambam, Hilchot Maachalot Asurot 17:9,15; Beit Yosef, YD 113; Taz, YD 113:1.

5. Rashi, Avoda Zara 38b; Pitchei Teshuva, YD 113:7.

6. YD 113:7.

7. Chatam Sofer, OC 124:4.

8. YD 113:16; Shach, YD 113:20; Ketav Sofer, OC 50. See also Magen Avraham 318:1; Mishna Berura 318:4.

9. YD 118:12; Rema, YD 118:12; Shach, YD 113:20; Aruch Hashulchan, YD 118:35.