Buying a black coffee at a non-Jewish convenience store

Question: Is one allowed to buy a black coffee at a non-Jewish convenience store?

L’halach: while driving on the road if one is in need of a coffee, there is room to permit one to buy a black coffee in a non-Jewish convenience store, as long as one is aware that there is no issue with the utensils. However it’s befitting a God-fearing Jew, to refrain from buying such coffee, and even entering such public places which sell non-kosher food, based on the principles of Marius Aiyn and V’heyesm N’kiem.

Answer: The Mishnah states[1] “these are the things which are forbidden to eat from a non-Jew, milk which he milked without the supervision of a Jew, his bread….his cooked foods….” The prohibition of bread and cooked foods is even if we don’t suspect there being any non kosher ingredients mixed in to the food, rather here the Chachamim we’re considered with intermarriage.

The Gemara explains[2] that the prohibition of eating food cooked by a non-Jew is only food, 1) could only be eaten cooked and not raw 2) food which is eaten by royalty.  

The Halacha [3]follows the rolling of the Gemara that only foods cooked by a non Jew, which need to be cooked to make them edible and food which is considered fit for royalty, is under the prohibition. The Poskim[4] explain that nowadays the qualification of foods fit for royalty, is anything that is served by a state dinner. Based on these criteria, coffee beans, water[5] and the like would be permitted even if a non-Jew cooked it.

The definition of cooked foods is anything done by fire, therefore anything cooked, baked, fried etc, is under this prohibition[6].

There is a dispute amongst the Poskim[7] regarding inedible foods which become edible through cooking them together with other ingredients, and then would be of the status “food fit for royalty”. Do we go based on the original status, and say, that since they were originally inedible and as such unfit for royalty, even though now they have that status, they no more are considered Bishul akum, or we go based on the status of the food presently which is “fit for royalty” and therefore is considered Bishul akum.

One outcome of this the dispute is our presence case of coffee[8]. The coffee bean itself is inedible even after being roasted and only when it's mixed with water & for some sugar and milk does have a flavor and taste. However one could argue based on the Halacha[9] that when we have two or more foods mix together we follow the majority of the ingredients, which in this case is water and therefore there is no issue of BIshul Akum.

Until now we have discussed the issue of coffee regarding the din of Bishul Akum. Yet there is another issue which needs examination, the status of the utensils and machinery useed in making the coffee.

As mentioned earlier the issue of Bishul Akum, is unrelated to non-kosher ingredients being mixed into the food, and as long as there is no problem of it being cooked by a non-Jew, the food should be permitted[10]. Yet when dealing with coffee shops or the like, there is a concern of the coffee itself being not kosher.

The Halacha[11] is dishes washed together either in a sink or a dishwasher, with hot water from the faucet the water creates a reaction between the residue of the dishes and the dishes themselves. And if there is any non-kosher residue it would make the other dishes non-kosher as well.

Since most coffee shops serve non-kosher food as well, there always exists the concern, that they wash all the dishes together. Therefore the coffee machine would be Trafe[12]. And anything cooked inside will be Trafe as well[13].

There is a Halacha, that any utensil which one is unsure as to whether it was used within the past 24 hours are not, is considered 24 hours old, and anything cooked inside would be permitted[14]. However one cannot apply this logic here since it's quite evident that these machines are in use on a daily basis. Also there wouldn’t be a lenience based on the din that soup makes the absorbed taste L’fgum, since not all dish detergents have that power[15].  

However there is a different reason as why one could be lenient regarding the machine. In big stores such as Starbucks, they usually are very careful with hygiene, and Keep such machinery separate when being washed[16]. And if one is aware of this, even if by asking the non-Jew themselves[17], as to how they wash the dishes, there is room, for the coffee to be permitted.

L’halach: while driving on the road if one is in need of a coffee, there is room to permit one to buy a black coffee in a non-Jewish convenience store, as long as one is aware that there is no issue with the utensils. However it’s befitting a God-fearing Jew[18], to refrain from buying such coffee, and even entering such public places which sell non-kosher food, based on the principles of Marius Aiyn and V’heyesm N’kiem[19].

Daily inspiration:

The effects people have on us are subtle but powerful. A small interaction could lead to a developed relationship. Therefore one needs to make sure of the foundation of that interaction.

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[1] ע"ז ל"ב: ופרש"י שם

[2] ל"ח. יש שם ב' לישני ופסק ר"ת כשניהם עי' תוס' שם ד"ה איכא בניהם

[3] שו"ע יו"ד סי' קי"ג:א

[4] הגהות חוז"א

[5] ולהעיר משוע"ר סי' רנ"ד:י"ד

[6] רמ"א סי' קי"ג:י"ג

[7] עי' פרמ"ג משב"ז סי' קי"ב סק"ג ודרכ"ת סי' קי"ג ס"ק ס"ד

[8] עי' שד"ח אסיפת דינים אות ב במערכת בישולי עכו"ם ודרכ"ת סי' קי"ג ס"ק ב בסופו וס"ד

[9] שו"ע סעי' ב ופר"ח שם

[10] רמ"א קי"ג:ב

[11] שו"ע יו"ד סי' צ"ה:ג ועי' שש"כ פ"א סעי' מ"א ובהערה קכ"ב ושו"ת מנח"י ח"ב סי' ק ושו"ת באר משה ח"ז קונ' אלקטריק סי' ס' שם (ולהעיר משיטת האג"מ בכו"מ או"ח ח"א סי' קד וח"ג סי' נ"ח ד"ה וכן, ויו"ד ח"ב סי' כ"ח-ט וח"ג סי' י)

[12]  ש"ך סי' צ"ה סק"כ וט"ז סי' צ"ד סק"א עי' במ"מ הנ"ל

[13] עי' ש"ך סי' צ"ג ס"ק א

[14] סתם כלים אינם בן יומו שו"ע סי' קכ"ב:ו וש"ך סי' קי"ב סק"ג

[15] שו"ת מנח"י שם ובאר משה שם

[16] מדין כלים מיוחדים עי' רמ"א סי' צ"ו:ו ט"ז שם ויד אפרים סי' קי"ב:ב ושו"ת אהל משה מהדורא תנינא סי' קי"ז

[17] דנאמנין בזה עי' שו"ע יו"ד סי' ס"ט:י ש"ך וט"ז שם ופ"ת ס"ק י"ז שם וראה שוע"ר סי' תנ"א:ה

[18] עי' דרכ"ת סי' קי"ג ס"ק ב

[19] שו"ת חת"ס ח"ו סי' נ"ט ושו"ת אג"מ או"ח ח"ב סי' מ