The Mitzvah of Hafrshat Challah Part I

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August 29 2006
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The Torah (Bamidbar 15:17-21) states that when one bakes bread, one is commanded to give a portion of that bread to a kohen. This is known as the mitzvah of hafrashat challah (separating a portion of the loaf). This article will provide a general overview of this mitzvah. Part II will focus on some of the practical aspects of the mitzvah.

What is Challah?
When we refer to challah are we referring to the loaf of bread from which a piece is separated or are we referring to the piece that is separated? Rashi (Bamidbar 15:20) clearly states that when the Torah uses the term challah, it is referring to the loaf. For this reason, Rashi's student, Rabbeinu Simcha, Machzor Vitry, no. 35, writes that the proper beracha to recite is "l'hafrish terumah," to separate tithe, since the Torah refers to the separated portion as "terumah." He states that it is inappropriate to recite "l'hafrish challah" because one is not consecrating the loaf, but rather the piece that is separated. Nevertheless, Rambam, Hilchot Bikkurim 6:11, writes that the proper beracha is "l'hafrish challah."

The Vilna Gaon, Biur HaGra, Yoreh De'ah 328:2, explains that the dispute between Rambam and Machzor Vitry is contingent on a general dispute regarding berachot. While the Torah does refer to the loaf as challah and the separated piece as terumah, the Mishna (see for example Challah 2:7) refers to the separated piece as challah. The Vilna Gaon explains that when the Torah refers to something in one language and the rabbis refer to it in a different language, Machzor Vitry is of the opinion that the beracha follows the language of the Torah and Rambam is of the opinion that the beracha follows the language of the rabbis. The Vilna Gaon sides with the opinion of Machzor Vitry.

R. Naftali Z.Y. Berlin, Ha'Amek She'eilah 73:2, disagrees with the conclusion of the Vilna Gaon. He claims that the only time the beracha follows the language of the Torah is when there is no clear term used by the masses to describe the specific item. However, if everyone uses a specific term to describe the item, the text of the beracha will use that term. For this reason the terms "lulav," "tefillin" and "mezuzah" are incorporated into the text of the beracha, even though these terms are not found in the Torah (the term "mezuzah" in the Torah refers to the doorpost and not the parchment).

Despite the rulings of Shulchan Aruch, Yoreh De'ah 328:1, and the Vilna Gaon that the proper beracha is "l'hafrish terumah," many siddurim use the text "l'hafrish challah min ha'isah." Taz, Yoreh De'ah 328:1, is of the opinion that the term "min ha'isah" is extraneous, but he implies that it does not detract from the beracha.

The Differences between Eretz Yisrael and Chutz La'Aretz
There are a few halachot that apply to the mitzvah of hafrashat challah in Eretz Yisrael that do not apply in Chutz La'Aretz (the Diaspora). First, the Torah commandment to observe this mitzvah only applies to dough that was kneaded in Eretz Yisrael (derived from the verse "milechem ha'aretz," from the bread of the land, see Rambam, Hilchot Bikkurim 5:5). The mitzvah of hafrashat challah in the Diaspora is only rabbinic in nature. Second, the Mishna, Challah 2:7, states that one should give one twenty-fourth of the dough to the kohen. This rule applies only in Eretz Yisrael, not in Chutz La'Aretz. Third, it is prohibited to eat bread from Eretz Yisrael prior to the separation of challah. Regarding bread from Chutz La'Aretz, the Gemara, Bechorot 27a, states that it is permissible to eat most of the bread first and then separate the challah.

Despite, these notable differences, as a matter of common practice, the laws of hafrashat challah in Eretz Yisrael are very similar to that of Chutz La'Aretz. First, the Gemara, Ketubot 25a, states that the mitzvah of hafrashat challah is only applicable on a biblical level if the majority of the Jewish people are residing in Eretz Yisrael. If the majority of the Jewish people are living in the Diaspora, the mitzvah of hafrashat challah is rabbinic in nature. Second, Rabbeinu Asher, Chullin 8:4, rules that the requirement to give one twenty-fourth of the dough to the kohen is only applicable in times when people are ritually pure (i.e. there is a parah adumah to purify people from impurities imparted by coming in contact with a cadaver). Nowadays, when everyone is ritually impure, there is no requirement to give the challah to the kohen; rather, the separated piece is burned. Rama, Yoreh De'ah 322:5, codifies Rabbeinu Asher's opinion and adds that since the piece is burned, there is no need to separate a specific amount of challah. Rambam, Hilchot Terumot 3:1, presents the same idea regarding terumah. Birkei Yosef, Yoreh De'ah 322:2 applies Rambam's ruling to challah as well and notes that this is the basis for common Sephardic practice to separate only a small amount.

Nevertheless, there remains one very important difference between the mitzvah of hafrashat challah in Eretz Yisrael and the mitzvah in Chutz La'Aretz. As noted previously, in Chutz La'Aretz it is permissible to eat most of the bread first and then separate challah from the rest. This does not apply in Eretz Yisrael even nowadays (Shulchan Aruch, Yoreh De'ah 323:1). This rule is most relevant for one who forgot to perform the mitzvah of hafrashat challah prior to Shabbat and would like to eat the bread on Shabbat. It is prohibited to separate challah on Shabbat (Mishna Berurah 339:26) just as it is prohibited to separate terumah and ma'aser on Shabbat (Mishna, Beitzah 36a). Therefore, Mishna Berurah 261:4, rules that if one has bread from Chutz La'Aretz and forgot to separate challah before Shabbat, he may eat most of the bread and separate the challah after Shabbat. This would not apply to bread from Eretz Yisrael (See Shemirat Shabbat KeHilchata ch.31, note 95).

If the Separated Piece was Mixed into the Dough
On occasion, the separated piece will get mixed back into the dough. If this occurs in Eretz Yisrael, the entire dough is prohibited unless the dough is 101 times the volume of the separated piece (Mishna, Challah 1:9). Regarding challat Chutz La'Aretz, the Gemara, Bechorot 27a, records that Rabbah would intentionally insert a separated piece of challah into dough that was larger than that piece and eat it while he was ritually impure. There are three opinions in the Rishonim regarding Rabbah's practice. Rambam, Hilchot Bikkurim 5:12, is of the opinion that it is permissible to eat challat Chutz La'Aretz that was mixed into another dough, as long as it does not comprise a majority of the mixture. Rashi, Bechorot 27a, s.v. B'teilah, agrees fundamentally with Rambam, but is of the opinion that the challat Chutz La'Aretz must be a minority of the mixture (if they are equal, Rashi is of the opinion that one may not eat the mixture). Tosafot, Bechorot 27a, s.v. Terumat, disagree fundamentally with Rambam and Rashi. According to Tosafot the rationale for Rabbah's practice was that he was a kohen. The only leniency regarding challat Chutz La'Aretz that was mixed back into the dough is that a kohen who is ritually impure may eat it as long as it is not the majority of the mixture. Shulchan Aruch, Yoreh De'ah 323:1 codifies the opinion of Rambam. Rama, ad loc., rules that it is proper to follow the opinion of Tosafot.

There is, however, a solution to a situation where the separated piece comprises 1% of the mixture (or more). Hagahot Maimoniot, Hilchot Challah no.6, rules that if the separated piece was mixed into the dough, one may perform hatarat nedarim (annulment of vows) on the original separation, which retroactively revokes the consecration of the separated piece. Rama, op. cit., codifies this ruling. [An alternate solution would be to give the mixture to a kohen, as Tosafot agree that a kohen may eat the mixture even if he is ritually impure. Bach, Yoreh De'ah 323, provides this solution for a similar situation. However, Taz, Yoreh De'ah 323:2, contends that common practice is to refrain from giving any challah to a kohen.

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