Siman 462

It is a settled halacha in Pesachim (35b) and in Menachot (57b) that fruit juices do not cause leavening. And even though it was taught (36a): One may not knead dough with wine, oil, or honey, and if one kneaded it, it must be burned immediately, the words of Rabban Gamliel—because it is impossible to guard it from leavening. But the sages say it may be eaten, for it is possible to guard it from leavening. And nevertheless, at any rate, we see that fruit juice causes leavening. Rashi explained that it does not become absolute chametz, however, it becomes chametz nuksheh, see there. And according to this, the law of fruit juice is like water, only there is no kareth involved.

But our teachers the Tosafists, and the Rosh, and most of our teachers disagreed with him, and they hold that fruit juice does not cause leavening at all. And that which appears in the Baraita to leaven—this is in the case of fruit juice with water, for then it hastens to leaven, and it is not absolute chametz but rather chametz nuksheh. And such is the opinion of the Rif and the Rambam in the fifth chapter. And so it is in the Yerushalmi at the beginning of the chapter "Elu Ovrim," which says: And all of them are by means of water. That is to say: all those listed in the Mishnah of "Elu Ovrim": Babylonian kutach, and Median beer…—specifically when they contain water. And so the halacha was decided in the Tur and Shulchan Aruch, that fruit juice without water—does not leaven at all. And fruit juice with water is chametz nuksheh. And it is difficult to guard them from leavening because they hasten to leaven, and therefore they are forbidden on Pesach. And one should not knead with fruit juice and water. And even though the Rif ruled that it is permitted, as one can guard it from leavening, nevertheless the Rosh and others of the Rishonim disagree with him. And such is the halacha. And if one did knead—it will be explained in section 9.

And there is great wonder regarding that Yerushalmi that we cited, for prior to this it is stated in the Yerushalmi at the end of the chapter "Kol Sha'ah": Rabbi Shmuel had wine that was turning sour; he placed barley within it so that it would ferment. That is to say: so that it would become chametz. He asked Rabbi Ami. He said to him: You are required to remove it. Rabbi Chanina had honey adulterated with fine flour. He asked Rabbi Mana. He said to him: You are required to remove it... Behold, it is explicitly stated like Rashi, that even fruit juice alone causes fermentation. And the Rosh (chapter two, siman 13) wrote that they hold like the one who says in our Gemara that fruit juices cause fermentation, and the halacha is not so, see there. And I wonder: for here Rabbi Ami ruled, and that of the beginning of the third chapter is also stated by Rabbi Ami, and how could he contradict himself? Therefore, one must say that here it also deals with an admixture of water, but if so, he should have clarified. And on the contrary, according to the explanation of Rashi, one could say that the case of "Elu Ovrim" – his intention is regarding the matter of the obligation of kareth. (And so wrote the Pnei Moshe there in the Mareh HaPanim, see there. But this too is difficult, for in the Mishnah it concludes that there is no kareth in these. And it requires great study.)

I have written this not to disagree with the words of our teachers, but rather regarding our custom that we do not bake matzah ashirah for Pesach, meaning with fruit juice alone. As our teacher, the Rema, wrote in section 4, and this is his wording: In these lands, it is not the custom to knead with fruit juice. And even to glaze the matzot, it is not the custom except after their baking while they are still hot. And one should not deviate, except in a case of pressing need for the requirements of a sick person or an elderly person who needs this. Thus far his words. And the same law applies to one whose teeth are damaged, and he is unable to eat something hard. And the reason for the custom is because fruit juice with water hastens fermentation, and it is impossible to guard it from fermentation. Therefore, they were concerned lest they also mix in water. This appears to be the reason for the custom.

And behold, now in our iniquities, they treat this custom lightly. They knead with egg-water and eat it, even healthy people. And behold, aside from the fact that they are destined to give an account, for they violate a custom practiced by our fathers and our fathers' fathers for many hundreds of years and it is like a vow; and aside from this, behold, according to the opinion of Rashi it is chametz nuksheh when they delay with it, and from the Yerushalmi that we brought, several Amoraim ruled accordingly in practice. And how can a contemptible desire be awakened to violate the custom and the words of Rashi and the Yerushalmi, who ruled accordingly in law? And therefore, one who guards his soul shall distance himself from this, except for the sick, the elderly, and those with damaged teeth. And one who is careful in this shall merit the abundant good hidden for the righteous in Gan Eden.

And likewise, one does not fulfill the obligation of matzah on the first night with matzah that was kneaded with fruit juice, as it is written, "bread of affliction" – just as it is the way of a poor person to eat flour mixed with water alone, and not that which is kneaded with fruit juice, for that is matzah ashirah. And likewise, fruit juice mixed with water is not called "bread of affliction" (Chok Yaakov subsection 2 and Magen Avraham in siman 471 subsection 5). And know that the Rambam in chapter 6, law 5, wrote: Matzah that he kneaded with fruit juice – he fulfills his obligation with it on Pesach. But one may not knead it with wine or oil or honey or milk because of "bread of affliction." And if he kneaded and ate – he did not fulfill his obligation. Thus far his words, for he holds that "matzah ashirah" is only called such regarding these four things that he enumerated, and not fruit juice.

And it appears that he ruled thus because in the Gemara (36a) it is taught: "Bread of affliction" – excluding dough that was kneaded with wine, oil, and honey. And regarding milk, it says there that Rabbi Yehoshua said to his son: On the first day do not knead for me with milk, see there. But if so, it is puzzling: for according to this we see that it is not specifically wine, oil, and honey, for even milk is also called "matzah ashirah." And if so, all other things as well. And if it is because he is precise, for if so Rabbi Yehoshua should have said "on the first day do not knead for me with fruit juice," yet why did he not say wine, oil, and honey? Rather, it is certainly because he was accustomed to dough kneaded with milk, therefore he commanded that for the first day they should not do so for him. And if so, all fruit juices as well. And more puzzling than this, for behold we expound "You shall not eat leaven with it, seven days you shall eat with it matzot" – that anything which can come to fermentation, one fulfills the obligation of matzah with it, and anything that does not come to fermentation, one does not fulfill the obligation, as I wrote in siman 453. And if so, since fruit juices do not cause fermentation, how can one fulfill the obligation of matzah with them? However, in this regard it can be answered that the Rambam holds that from this verse we only exclude species that do not come to fermentation at all, such as rice and legumes, for if not so, why do we need the verse of "bread of affliction"? Behold, even without this he would not fulfill the obligation, since it does not come to fermentation. Rather, it is certain that the verse only comes to exclude a species that does not come to fermentation. And regarding the first difficulty, it can be said that the Rambam holds that "matzah ashirah" is only called something that has importance, such as wine and oil, for one does not bring bikkurim except for the liquid of wine and oil, and not for other fruit juices. As we learned in the eleventh chapter of Terumot: One does not bring bikkurim as liquid except that which comes from olives and from grapes. Consequently, other fruit juices are not considered important at all. And milk and honey, because the Land of Israel was praised with them, as it is written "flowing with milk and honey" – therefore they are important and are called "matzah ashirah," but not other things. Nevertheless, most of our teachers disagree with him, and they hold that one does not fulfill the obligation with any fruit juices. And such is the halachah, for the halachah follows the majority.

Egg water and other liquids—they are all included in the category of fruit juice. Our teacher, the Beit Yosef, wrote in section 5: One who kneads dough with fruit juice—it is good to make it less than the measure of an isharon, so that it will not be obligated in challah. Thus far his words, because some say that the obligation of challah is only when it is kneaded with water, as I wrote in Yoreh Deah in siman 329. But it is not understood: what of it? Let him separate without a blessing. Furthermore: he himself ruled there that dough kneaded with fruit juice is obligated in challah. And it seems to me regarding his reasoning: because he wrote there that one who kneads dough with fruit juice should mix into them one of the seven liquids, for if not, it is forbidden to burn it because it has not been rendered susceptible to receive tumah, see there. And among the seven liquids there is also water, and if so, there is a concern that he will mix in water which is common, and fruit juice with water—is forbidden on Pesach, as I have written. Therefore, even when one kneads with wine and oil..., which are of the seven liquids and do not require the mixing of water, nevertheless for us they are all included in the category of fruit juice, and they will knead with fruit juice as well. And if so, in any case he will come to a prohibition: either he will burn pure challah, or he will mix water and eat chametz nukshah. And among the masses they are all included in the category of fruit juice, and if so, it is close to coming to a great ruin. Therefore, it is good to prevent oneself from the measure of challah. (See Magen Avraham subsection 5, and Taz subsection 2, and Chok Yaakov subsection 9, who remained in need of further study. And according to what I have written, it works out well with good reason. Examine and you will find it easy.)

All fruit juices, even sour fruits such as sour apples and pomegranates—are considered fruit juices, and they do not cause leavening (Magen Avraham). And it has already been explained that fruit juices with water hasten leavening more than other dough. Our teacher, the Beit Yosef, wrote in section 2 that one who kneads fruit juice with water—should bake immediately, meaning: without any delay at all. And in the Gemara and the poskim there is a dispute regarding this, and the Bahag ruled that it must be burned immediately; however, the Rosh disagreed with this. And [the Beit Yosef] ruled like the Rosh. The Tur brought both opinions, see there. And it is not specifically that fruit juice and water were kneaded together, but even if it was kneaded first with fruit juice and afterward with water, or vice versa—it is considered fruit juice with water (Chok Yaakov subsection 3). And a small amount of fruit juice with much water—is not considered like fruit juice with water, but like water alone (Magen Avraham subsection 1). And it appears that the same law applies to the reverse: that a small amount of water and much fruit juice is considered like fruit juice alone. And so too regarding the matter of fulfilling the obligation of matzah. And there are those who require that there be sixty of the water against the fruit juice, for then one fulfills the obligation of matzah, and not with less than this. (Chok Yaakov subsection 2. And see Magen Avraham subsection 3, and it requires further study.)

And know that since it has been explained that fruit juice with water is hametz nuksheh, and in siman 447 it was explained that hametz nuksheh is nullified in sixty, therefore there is one who wishes to say that if a grain of produce is found on Pesah in chremzel, or in the rounds called kneidlach that are kneaded with fat and egg liquid, and the chremzel is also kneaded with honey—that one should not forbid it in any amount, for behold this is fruit juice with water and is nullified in sixty (a certain sage in a responsum of the Noda BiYehudah, siman 22). And there is one who wished to reject this because it is proven in the Shas, Menachot (57a), that it is impossible to say both. That is to say, if nuksheh is rabbinic—perforce fruit juice with water is absolute hametz. And if it is nuksheh—perforce nuksheh is from the Torah (Noda BiYehudah ibid.). And his words were rejected, for behold the Rosh and the Tur ruled in siman 442 that nuksheh is rabbinic, and in this siman they ruled that fruit juice with water is nuksheh (Mekor Hayyim, subsection 1, and Magen HaElef, subsection 3). Furthermore: even if nuksheh is from the Torah—it is also nullified in sixty, since it does not carry the penalty of karet like hametz on Erev Pesah (Magen HaElef ibid.). However, with a small amount of fat it is not to be considered like fruit juice with water. But when there is fat and egg liquid of a substantial amount, and all the more so in chremzel which also contains honey—one should be lenient in a case of great loss and the prevention of the joy of Yom Tov regarding a rabbinic "any amount," and forbid that specific round or chremzel and no more. And all the more so if there is another side for leniency according to the matter. And similarly, if a grain is found in the turnip dish called tzimmes, if there is fat and honey there as is proper, and in this there is a little water, as it is known that much moisture comes out of the turnip itself, and this is fruit juice, one should not be stringent in this (so it appears to my humble opinion).

And these matters are a fortiori if more grains were found in the honey or in the fat, and the honey was boiled before Pesach, and the fat was fried before Pesach, for we say that the grain came from the honey or from the fat, and it was already nullified before Pesach in fruit juice, and it no longer becomes chametz (Noda BiYehudah and Mekor Chaim, subsection 9). And regarding lekach or tart that was kneaded with honey or with sugar without water, except that they did not guard it from kneading it on a chametz board, and they did not sell it before Pesach – it is permitted to keep it until after Pesach and to eat it (ibid.).

Our teacher, the Beit Yosef, wrote in section 6: A wheat grain found in honey or in wine and vinegar – it is permitted, provided that water was not mixed into them. Thus far his words. And in section 3 he wrote: It is permitted to knead with wine, even though it is impossible without a drop of water falling during the harvest. And even ab initio it is customary to put water during the harvest in order to permit nitzok (explained in Yoreh Deah, see Magen Avraham subsection 2). And nevertheless, there is no concern for them, since the water was already nullified in the wine before they kneaded the dough. Thus far his words. And they raised a difficulty against him: For if so, why did he require in section 6 that water was not mixed into them? Behold, it was already nullified. And they answered that in section 3, since the wine is fermenting – it is like it was cooked and the water becomes like wine, which is not the case in section 6 (Magen Avraham subsection 6). And there is one who answered that in section 6 his intention is that the water was not mixed in at the time the wheat was inside the honey, for it is like it was mixed at the time of kneading and is forbidden. Which is not the case in section 3 – it was already mixed (the son-in-law of the Magen Avraham in a gloss). And there is one who answered that certainly a little water does not cause leavening. But nevertheless, the dough requires shimur, and without shimur – it will leaven. And therefore in section 6 we are concerned for leavening (Chok Yaakov subsection 12). And in my humble opinion, it seems simple that in section 3 the water was there at the time of the harvest before Pesach, and was already nullified. Which is not the case in section 6 – it is on Pesach. (And so it implies explicitly in the Taz, siman 463 subsection 1, see there. And so it implies from the wording of the Levush. And he omitted that of section 3, see there.)

In section 9 we explained that a small amount of fruit juice with a large amount of water is not considered fruit juice with water, but rather as water alone. And we wrote that the same law applies to the reverse. However, the commentators (Magen Avraham subsection 6 and Chok Yaakov) did not write so, but rather that even a small amount of water and a large amount of fruit juice is considered fruit juice with water, and one must bake it immediately. According to this, much caution is required regarding matzah kneaded with egg liquid, that the basin called a "becken" should not have any moisture of water in it, and since it is necessary to wash and clean it between batches, they must be careful that it be dry.

The great authorities wrote in the name of the Tashbetz that raisin wine or raisin honey, which are made by means of water where its taste has completely changed—it is like pure fruit juice (Mekor Chayim, subsection 9). Therefore, there is one who is in doubt regarding honey-water called "mead" if a grain is found in it, whether it is called "fruit juice" since it was changed by means of boiling (Magen Avraham, subsection 6). And there is one who wrote that raisin wine is like fruit juice with water, for it is nothing other than diluted wine (Mekor Chayim ibid. in the name of the Chacham Tzevi). However, if a grain is found in boiling goose fat—it should be permitted simply, even though it was rinsed with water, but the water had already dried (Magen Avraham ibid.). And so too, if it is found in congealed fat, even if there is water there—it is permitted, because it already congealed before Pesach—there is no kavush on Pesach. But when the fat is soft—there is cause for concern (Mekor Chayim ibid.). And regarding the law of whether we presume a prohibition from place to place or from time to time, it will be explained with the help of Heaven in siman 467.

Our teacher, the Beit Yosef, wrote in section 7: One must clarify the salt from wheat before Pesach, so that they are not within it. For when the salt becomes moist – it enters little by little into the wheat and it becomes chametz. Thus far his words. For before Pesach, even when it becomes moist – it is already nullified, which is not the case during Pesach when it is prohibited in any amount (Magen Avraham, subsection 7). And ex post facto, if a grain is found within the salt during Pesach – he should cast away from it a handful, and the remainder he should leave until after Pesach. And if they put some of the salt into the cooked food during Pesach – one should not prohibit it (ibid.). And in the Tur it is implied that salt which they dig from the ground – there is no concern regarding it, for he wrote that salt water is considered fruit juice, see there. And this is regarding salt of the ground, for as for sea salt – it appears that it is similar to water. (See Magen Avraham, subsection 7. And the Tur disagreed with the Mordechai, see there. And it can be said that they do not disagree, and examine closely and you will find it easy.)