
What is the proper way to pose a question in Jewish law?
by Rabbi Chaim Cohn
As we celebrate Shavuos, the continuity of Jewish tradition comes to mind. Thousands of years have passed since the Torah was given to us at Mount Sinai, yet we continue to perform the same commandments that our ancestors kept.
While we find variances from community to community, the core of our practices has been impregnable. Shabbos, family purity, kashrus — generations pass, but the essential aspects of the mitzvos have remained intact. What has kept our tradition rock-solid? One factor is our careful transmission of the masorah, the Torah tradition, from father to son, from mother to daughter, from teacher to student.
When we have a question in Jewish law, we turn to a rabbi who is qualified to render a p’sak, a halachic decision. Such men expend extraordinary effort to help us conduct our lives in accordance with Jewish law. And while there are innumerable sefarim, holy books, that discuss halachah, often law is passed on personally, from rabbi to sho’el (questioner), on a case-by-case basis.
Jews asking sh’eilos, questions in Jewish law or custom or outlook, has been a hallmark of our religious way of life for millennia. Becoming a halachic authority (called a posek) involves years of dedicated Torah study. A select few become world-renowned halachic authorities. Others answer questions on a more limited basis.
While the Rambam writes that everyone has the innate ability to rise to great levels in Torah study, the reality is that most people do not acquire the knowledge required to be a recognized halachic authority. However, while not everyone has the answer, we do have the ability to be more prepared in the way we ask our questions.
The best way to ask a sh’eilah is to present the rabbi with as much relevant information as possible. One does not necessarily have to spell out every detail, but he or she should gather the information that may be important before asking the rabbi.
This accomplishes two things: it eases the decision-making process for the rabbi, and it allows him to devote more time to other questions that arise. Some poskim dedicate specific hours in which they reply to questions, usually by phone. If they can spend less time on a particular question, they gain more time to attend to other sh’eilos. If they require details that the sho’el does not have at hand, time is lost.
Of course, the average person may not be able to gauge the importance of certain details. Let us emphasize that one must never fear asking because one is not prepared or does not know how to prepare. It is always better to ask a question even if unprepared rather than not asking at all. However, when it is possible, we should attempt to make the process easier for the rabbi. This helps assure that we get our question answered correctly and expeditiously.
The following examples reflect situations where the sho’el can readily provide information to aid the rabbi in his task.
A classic sh’eilah involves the kaf choleves, a dairy spoon that mistakenly is used in a meat pot. In our hectic world, it is not hard to imagine a woman exclaiming to her husband as she runs from the kitchen to prevent her baby from climbing the stairs: “Call the rav; I just put a milchige spoon in a fleishige pot. What should I do?” Her husband dutifully phones his rabbi with the question. The likelihood, however, is that the husband is missing significant information that will affect the halachah.
The rabbi will need to consider the status of the food, the pot, and the spoon, and he needs additional input to render an accurate decision regarding each.
Among the information that may be needed to determine the status of the food: Was the pot a kli rishon, that is, was the food actually cooked in the pot? Was the food hot to the temperature of yad soledes bo, the halachic temperature at which food cooks? Was the food a liquid or a solid? Was the food parve or meat? How much food was present relative to the size of the spoon — that is, is the volume of the dairy in the spoon nullified in the meat food?
The pot’s status may depend on whether the food was parve or fleishig. If it was parve, was meat cooked in the pot during the previous twenty-four hours?
As for the spoon, was it used to stir hot dairy products or was hot dairy poured on it in the previous twenty-four hours? If not, the spoon is aino ben yomo, a significant distinction in law. Of what material is the spoon made? These questions will help determine whether or not the spoon must be kashered.
Prepared with these facts, the husband can present the scenario accurately. For example: “I used a dairy spoon that was ben yomo to stir boiling parve soup made in a meat pot that was used for meat ten hours earlier.” With this succinct declaration, he has simplified the question immeasurably! (The specific answer to the above circumstance is not germane to our discussion; we are simply laying the foundation for a properly asked question.)
It is critical to note that one cannot take the answer he receives on one occasion and apply it when encountering a similar question. If any of the variables is different, the answer may also be different.
Of course, in certain matters of Jewish law there is leeway; furthermore, different halachic authorities may arrive at a different answer to the identical question. This is why our Sages tell us (Ethics of the Fathers 1:16): “Choose a rabbi for yourself.” Find a rabbi with whom you are comfortable and use him, rather than “shopping” every question in search of a lenient answer.
Interestingly, I recently confronted a question where missing information was not directly related to kashrus. On the third day of Chol HaMoed Pesach, a husband called me on behalf of his wife, asking if she could take a certain prenatal vitamin and iron pills. Her doctor had recommended these, but they did not know whether they contained kitniyos or even outright chametz. Whereas I work in kashrus, their rabbi had recommended that they contact me concerning the contents of these pills.
In the course of our discussion, I unearthed information that this woman had not shared with their rabbi: she could not tolerate her regular vitamins, and she was also anemic. She had not taken vitamins at all on Pesach, with the result that she had lain in bed the entire holiday.
I immediately told her husband to refer the question back to their rabbi, but this time with all the details. I added that if they could not reach the rabbi, she was to take the vitamins, pending their rabbi’s decision.
The lesson? Sometimes not sharing all relevant information can be health-threatening.
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Kashrus professionals also must know the best way to ask a question. Indeed, if we receive the wrong halachic answer because we do not provide accurate information, the impact resounds far beyond one kitchen; consumers around the world may be unfavorably affected. At the OK, our Rabbinic Coordinators often consult esteemed halachic authorities. When asking, we gather as many specifics as needed to receive a proper decison. (We too are not perfect! Sometimes the posek will need to ask us for additional information.)
Mashgichim, field representatives, frequently call our main office to inquire regarding the proper halachic procedures for a particular circumstance. We can best serve our mashgichim when they provide us with all essential information.
Consider a mashgiach who wants to know the proper method for kashering a piece of equipment. When he calls our home office, he should be able to provide detailed information about the equipment. When was the equipment last used? For what purpose? What other products are made on the equipment? How does it function? Are there other pieces of equipment that are attached to this piece, and how are they attached?
After we have all the details in hand, we can decide the matter on our own or refer it to an outside halachic authority.
The OK Labs has a distinct advantage when it comes to addressing such plant-related issues. Each facility under our supervision is visited by one of our main office Rabbinic Coordinators at least once a year. This hands-on familiarity comes in handy when a mashgiach calls us: someone in the office has personally seen the facility and can visualize the issue at hand.
A good example concerns kashering a spray dryer. These machines are used to bind the residue or essence of a liquid to a powder. A spray dryer is employed at varying temperatures. Some spray dryers are always used below 250°F, while others are always used above 700°F. The kashering procedure will be drastically different dependent on the temperature. The mashgiach should be prepared to supply this information, along with other details. If the company has documented records concerning the dryer’s last use, the mashgiach should have these at hand when he calls. Otherwise, a decision may be delayed, to the dismay of the company.
Another example involves the kosher stamp. (The kosher stamp of a supervision agency, used on the industrial level, is personally affixed by the mashgiach. It is equivalent to the kosher symbol you see on a retail product.) The mashgiach discovers that a company manufactured a product using an ingredient that should have but did not bear a kosher stamp from the agency supervising it. The mashgiach wants to know whether he must discard the batch or whether, post facto, it is acceptable.
When contacting his agency for guidance, the mashgiach should be armed with the following data: What is the item? What is its lot number (to identify the date of manufacture)? Was it previously used without a kosher stamp? Furthermore, how did the ingredient slip through the system? Was it the fault of the receiving or purchasing departments, or is the problem endemic to the vendor?
As with a private person, the rule of thumb in the kashrus field is to have precise information if one expects a precise halachic decision.
In summation, when the question arises, don’t be afraid to ask; rabbis are eager to answer. They don’t expect perfection, and they are well aware that not everyone possesses the knowledge to frame a sh’eilah perfectly. Again, we must never refrain from asking because we fear we can’t provide enough information. A halachic authority will be sensitive to each situation. We can, however, improve our asking abilities, making the rabbi’s task of perpetuating our tradition a bit easier.
Rabbi Chaim Cohn is a Rabbinic Coordinator at the OK Laboratories. His “The Flavor Factor” appeared in the April issue of The Jewish Homemaker.
HOW TO ASK
• Research the question to the best of your ability.
• When possible, the pe rson who raised the question should ask the rabbi, rather than using an intermediary.
• Remember that the rabbi’s time is limited. Ask your question clearly and concisely.
• Realize that minor differences between cases can lead to a radically different halachic decision.
• Consider additional elements. (Example: You cooked food with a non-kosher item in it and then you served it. All of the plates, silverware, and serving utensils may be affected.)
• Last but certainly not least: Don’t assume, ask!
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