by Rabbi David Novak
Disclaimer: The opinions expressed here are that of the writer and do not necessarily represent the views of the Union for Traditional Judaism, unless otherwise indicated.
Are there foods that are permissible to eat in a non-kosher restaurant? Should a person who normally wears a head covering remove it in a non-kosher restaurant to avoid giving a bad appearance which may lead others to assume the restaurant is kosher and eat non-kosher food?
The following responsum is reprinted from Tomeikh KaHalakhah volume 2. Tomeikh KaHalakhah is UTJ’s series of volumes of responsa (teshuvot) promulgated by the Union For Traditional Judaism’s Panel of Halakhic Inquiry.
The text below is the result of OCR. Although it has already been reviewed, if you identify any errors, kindly email office@utj.org. A scan of the original teshuvah is available here.
A mikveh is a gathering of natural sources of water measuring at least 191 gallons which is built permanently into the ground and allows for total immersion in one act. The details of mikveh make up a large section of the codes of Jewish law (see, for example, Shulhan Arukh, Yoreh De’ ah, Section 201).
The essential factor that will determine whether such a gathering of natural sources of water (i.e., rainwater, melted ice or snow, cf. Rabbi Aaron Kotler, Responsa Mishnat Rabbi Aharon, no. 29) is kosher for use as a mikveh is how they are brought together. Water brought into the mikveh by people or in vessels is ineligible for a mikveh. This is called “drawn water”. Similarly, water that comes to a basin through metal channels that are not connected to the ground is also unusable for a mikveh, (8aba Kama 67a; Rabbi Nissan Telushkin, Sefer Tohorot Mayyim, 1976, Section 7, p. 62fO.
A swimming pool or hot tub may be used for the purpose of mikveh if they are of the correct dimensions and depending on how the water is brought to it. (See Rabbi Telushkin, op. cit., pp. 224-232 who discusses the entire matter and considers the difficulties.) Each case must be judged on the basis of its particular facts. Therefore, the swimming pool or hot tub in question should be analyzed by a specialist in the laws of mikveh.
Rabbi David Novak for the Panel of Halakhic Inquiry.
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One of the founding members of the UTJ, Rabbi David Novak is recognized scholar in Talmud and theology. He has served on the Panel of Halakhic Inquiry and contributed to the UTJ’s 3-volume Tomeikh K’Hakalakha, a series of questions & answers on topical religious issues.
A disciple of Rabbi Saul Lieberman, Rabbi Novak is the author of many books and scholarly works, including:
Rabbi Novak holds the J. Richard and Dorothy Shiff Chair of Jewish Studies as Professor of Religion and Philosophy at the University of Toronto, where he is a member of University College and the Centre for Jewish Studies. He is also a consulting scholar and a member of the Board of Advisors of the James Madison Program in American Ideals and Institutions at Princeton University.