Can a Non-Jew Cook in a Kosher Restaurant?

As is well known, Jewish law prohibits eating food cooked entirely by a non-Jew (known as Bishul Akum). At first glance, this would seem to forbid eating in any restaurant where a non-Jewish chef prepares the food. If so, how can such restaurants still display a valid kashrut certificate?

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The question hinges on a debate among halachic authorities regarding a case where a Jew lights the fire, but a non-Jew places the pot on the flame.

• The Rema’s view (Ashkenazi tradition):
  If a Jew lights the fire — even if the non-Jew later places the food on it, the dish is not considered Bishul Akum. This lenient position is accepted by Ashkenazi authorities.

• The Shulchan Aruch’s view (Sephardi tradition):
  Rabbi Yosef Karo rules more strictly, following the opinion of the Ran, Rashba, and many early scholars, that merely lighting the fire does not suffice. To avoid the prohibition of Bishul Akum, the Jew himself must place the food on the flame.

Thus, Ashkenazim follow the Rema’s lenient approach, while Sephardim follow the stricter ruling of the Shulchan Aruch.

Can Sephardim Ever Rely on the Lenient Opinion?

Rabbi Ovadia Yosef addressed this issue in several responsa. He ruled that when the restaurant belongs to a Jewish owner, and the Jew lights the fire each morning, there is room to be lenient even according to the Shulchan Aruch.

This is because several halachic authorities indicate that if a non-Jew cooks in the home of a Jew, the concern of Bishul Akum does not apply. Since the cooking takes place under the Jew’s authority — especially when the non-Jew is merely an employee, there is no fear that he will serve forbidden food or that social intimacy might lead to intermarriage (the two classical reasons behind the prohibition).

Although this leniency is not the normative ruling, Rabbi Ovadia explains that when two leniencies combine:

1. The Jew lights the fire, and

2. The cooking occurs in the Jew’s establishment by his employee

there is a basis to permit eating the food.

Practical Application

• Permitted case:
  A Jewish-owned kosher restaurant where the Jewish owner or mashgiach lights the stove in the morning, and the non-Jewish cook — who is the owner’s employee, places the pots on the flame. In this situation, there is halachic room to be lenient, even for Sephardim.

• Forbidden case:
  A restaurant owned by non-Jews, even if a Jew comes in the morning to light the fire. According to the Shulchan Aruch, the food remains prohibited due to Bishul Akum.

Rabbi Ovadia concludes that while there is justification for those who are lenient, ideally the mashgiach (kosher supervisor) should personally place the dishes on the flame to satisfy all opinions.

Halacha Yomit – Teachings of Rabbi Ovadia Yosef.