האם המתנת שעה אחרי חלב פוטר מקינוח והדחה?

Eli H. Y. Poltorak

Hameishiv.org

Does waiting an hour after dairy exempt one from kinuach and hadacha (cleansing and rinsing the mouth)?

I have indeed seen in several calendars where prominent rabbis wrote that, since our minhag is to wait an hour between dairy and meat, there is no need for kinuach and hadacha. In my humble opinion, and with all due respect to their honor, these words are puzzling, and it is not fitting to be lenient in this.

Let us briefly preface the basis of the discussion: In Yoreh Deah siman 89:2: "If one ate cheese, he is permitted to eat meat after it immediately, provided that he examines his hands to ensure that no part of the cheese is stuck to them. And if it was at night, when he cannot examine them well, he must wash them. And he must cleanse his mouth (kinuach) and rinse it (hadacha). And the kinuach is that he chews bread and cleanses his mouth with it well, and likewise with anything he wishes, except for flour, dates, and vegetables, because they stick to the gums (i.e., the place above the throat near the teeth) and do not cleanse well. And afterward he rinses his mouth with water or with wine." And this is from the law of the Gemara (Chullin 105a): "And Beis Shammai and Beis Hillel agree that he rinses, and all the more so that he cleanses" (according to the interpretation of Rabbeinu Chananel and Rashi and most Rishonim; however, the Behag and Rabbeinu Tam hold that this refers to between meat and dairy, but between cheese and meat one is not obligated in kinuach and hadacha).

Indeed, our minhag is not to eat meat after cheese immediately, based on the Zohar and the Shelah to wait an hour between dairy and meat, and consequently the need for kinuach and hadacha depends on the dispute between the Shach (s.k. 7) against the Taz (s.k. 2) regarding meat — whether waiting an hour (for those who are lenient like the view of Tosafos not to require waiting six hours, and like the "yesh omrim" in the Rema se'if 1: "The widespread minhag in these countries is to wait one hour after eating meat") exempts one from kinuach and hadacha if he found no meat between his teeth (for if he found meat, even according to the Shach he is obligated to pick it out). The Shach bases his words on the Issur V'Heter HaAroch and the Lechem (Divrei) Chamudos, and the Pri Chadash (s.k. 7) and the Eliyah Rabbah (OC 173 s.k. 7) agreed with him, and the Chagoras Shmuel s.k. 3^[1]. And in the Chochmas Adam (Klal 40 se'if 13) he follows the Shach that one is not obligated in actual kinuach and hadacha, but nevertheless he required picking one's teeth, and so it is in the Zivchei Tzedek os 11, and in the Kaf HaChaim (s.k. 26) who followed the Chochmas Adam.

And although in the Toras Chatas (76:1) he cites the Issur V'Heter HaAroch which is the source for the Shach's view, yet from the continuation of the words there it is clear that the Rema himself did not hold this way, as is explained in the Minchas Yaakov there s.k. 3, for the Issur V'Heter follows the view of Tosafos, and the Rema combined the views into a kind of compromise — along the lines of what the Mahari Veil wrote in his glosses to the Shaarei Dura.

And in the Pri Megadim, Sifsei Daas there, he proves from the language of the Mahari Veil in his glosses to the Shaarei Dura — which is the source for the aforementioned minhag in the Rema — that it is not like the Shach. And likewise the Yaavetz proves from the language of the Rema that it is not like the Shach. And likewise the implication of the poskim is to be stringent like the Taz. However, there is still room to distinguish that this applies when one ate meat, but between cheese and meat perhaps there is more room to be lenient like the reasoning of the Shach.

And although, as stated, we find several prominent poskim who were lenient like the Shach, but most of them did not write so in the opinion of the Rema (unlike the Shach who interpreted thus in the words of the Rema that he holds like the Issur V'Heter HaAroch), but rather that they relied to be lenient on the view of Tosafos, and especially since the minhag has already spread to wait six hours (and as written in the Badei HaShulchan s.k. 25 — after he raised a difficulty on the view of the Shach — that there is not so much practical difference in law in light of the fact that they are accustomed to wait six hours), and in this the opinion of most poskim is that the meat has already been digested and there is no need to be concerned (unless he knows that there is meat between his teeth).

But in practice most poskim were stringent, and in addition to what we have already mentioned — the Mahari Veil, the Pri Megadim, the Yaavetz, and the Minchas Yaakov — see also: Shelah, Maseches Shavuos (180b), Levush OC 173 se'if 1 (and although the Tosafos Yom Tov in Toras HaAsham wrote that the Levush retracted in Yoreh Deah to agree with his own view in the Lechem Chamudos, ostensibly those who disagree will argue that the Levush is merely quoting the Rema, and just as they interpreted the Rema not like the Shach, all the more so will they interpret thus in the Levush who wrote so explicitly in OC), Lechem HaPanim s.k. 8, Yad Yehudah HaKatzar s.k. 9, Atzei HaOlah in the Bach Klal 3 os 13, Aruch HaShulchan se'if 7, Darkei Teshuvah s.k. 15, Ashrei HaIsh Yoreh Deah chapter 5 os 22, Maadanei Shulchan s.k. 18, Orchos HaBayis chapter 7 si'if 14 and note 49, Shemirat Shabbat KeHilchatah chapter 40 se'if 96, Zer HaShulchan s.k. 17, Or Yitzchak chelek 1 Yoreh Deah siman 4 d"h me'uberes, the Gra"ch Kanievsky in Siach HaTorah siman 1, 271, Chut Shani (Shabbos chelek 2 p. 62 d"h mi, Ribbis p. 155), and others.

And I will not deny that we find poskim who were lenient regarding eating meat after cheese, in combination with the view of Rabbeinu Tam that one does not require kinuach and hadacha at all after cheese, and they made a kind of sfek sfeika (even though, as stated, the Pri Megadim, the Yaavetz, and the Minchas Yaakov proved that this is not like the Rema), or they maintained that regarding meat after cheese, which is more lenient, even the Taz and those who side with him would concede to the Shach (see Piskei Mahar"r M.N.L. of Vitebsk, Kovetz Yagdil Torah issue 19 p. 369).

However, in the Shelah it is explicit to be stringent even after cheese, and so too in several others of the aforementioned poskim. And what is said that dairy is more lenient is not certain. And moreover we find in the Yad Yehudah HaAroch (s.k. 2 d"h v'hadavar) the opposite reasoning, that even though after meat one does not need kinuach and hadacha after 6 hours, nevertheless after cheese it will not help even if he waits the entire day^[2], for after meat the Sages instituted waiting for another seudah, and after dairy they instituted kinuach and hadacha, and the fact that we are stringent to wait based on the Zohar does not detract from the institution of the Sages (according to most Rishonim) which depends solely and exclusively on kinuach and hadacha.

However, the rabbis who are lenient bring a proof from Igros Kodesh vol. 20 p. 289:

"Regarding your question about our minhag concerning eating meat after dairy foods: in general we are accustomed in the above — and even after milk and butter — to wait an hour (and also — not in the same seudah). And so it is written in the Shelah, his Maseches Shavuos (180b). — (And what is written in the Darkei Teshuvah Yoreh Deah end of siman 89, end of s.k. 19, 'an hour and more,' the measure of 'and more' requires examination, as well as the source for it) — but I have not heard whether this is a directive for all or only a minhag of select individuals, and see the Pri Megadim on Shulchan Aruch Yoreh Deah end of siman 89, Sifsei Daas s.k. 7, that the interval of an hour substitutes for kinuach."

However, in my humble opinion, it is puzzling to be lenient against most poskim who rejected the view of the Shach, on the basis of a quotation which the Rebbe, our righteous Moshiach, brings from the Pri Megadim to explain the reasoning of the Shach — even though the Pri Megadim himself did not hold this way. Rather, it is more reasonable to assume that he came to be stringent and not to be lenient, and to establish the stringency of waiting an hour, whose source is in the esoteric Torah in the Holy Zohar and in the Shelah (who himself requires kinuach and hadacha despite waiting an hour!), also according to the revealed part of Torah. But Heaven forbid to hang baseless matters on his holy words to be lenient against the Taz.

Moreover, it is not the holy way of the Rebbe, our righteous Moshiach, to decide between the poskim, and it is not at all reasonable that specifically here he departed from his custom to rule in a dispute of Rishonim and the Shach and the Taz down to the poskim of our times, specifically to be lenient in this matter.

And if this is not enough, one clearly sees — according to the division of the topics — that the citation to the Pri Megadim belongs specifically to the last segment, which discusses whether it is a minhag for the many or for select individuals. And if he came to rule like the Pri Megadim as a matter of halacha, what is its relevance here? For he should have written it at the beginning of his words in the description of the minhag, together with the Shelah and the Darkei Teshuvah! And furthermore, if the Rebbe, our righteous Moshiach, came to rule leniently, why did he cite the Pri Megadim and not the Shach himself? Rather, according to how we have explained it, it is understood why the citation is specifically to the Pri Megadim, for the Pri Megadim explains the reason of the Shach (who discusses one who ate meat) to exempt from kinuach and hadacha, and this reason applies also to one who ate cheese, and if so we find support for waiting an hour after dairy also according to the revealed part of Torah.

And furthermore, and this is the main point, that even one who wishes to rely on the Shach to be lenient without kinuach and hadacha, the Shach (s.k. 15, and explained in the Pri Megadim, Sifsei Daas) and the Pri Chadash (s.k. 16) hold — unlike the Taz (s.k. 4, and see in the Aruch HaShulchan se'if 11 extremely sharp words that "Heaven forbid to do so" to rely on the Taz in this — that after an hour it is no longer considered cheese, and he rejects his words with both hands) — that cheese between the teeth is considered cheese and forbids. So even according to their view that there is no obligation by law specifically of kinuach and hadacha when one waits an hour (unless according to the aforementioned Yad Yehudah, where perhaps there is room to distinguish), it is obvious that one is obligated to verify that there is no cheese between the teeth, as the Aruch HaShulchan wrote that ordinary cheeses remain between the teeth more than aged (wormy) cheeses because they crumble, as is observed empirically, and Heaven forbid to adopt in this both the leniencies of Beis Shammai and the leniencies of Beis Hillel.

And especially since the Chochmas Adam and other poskim who followed him and ruled like the Shach wrote explicitly that one must pick one's teeth. And perhaps on the basis of this we find that there are poskim who were lenient not to require kinuach and hadacha in addition to waiting after milk and butter (and according to the Rashash in Chullin there, there is no obligation of kinuach and hadacha at all with milk, and many poskim followed him to be lenient — and therefore the Rebbe, our righteous Moshiach, took the explicit position that the minhag is to wait also after them) and only after cheese, which is observed empirically to remain between the teeth in most cases.

To return to the practical halacha: although there is certainly authority to rely upon to be lenient (and especially with milk and butter) not to obligate kinuach and hadacha and to suffice with picking the teeth of cheese (which is an absolute requirement by law as above), it is not simple at all, and my words have already been stated regarding kinuach and hadacha that "it is proper to act according to the words of the one who is stringent in a matter that involves no trouble" (Beis Yosef OC 173 in the d"h v'chasav od HaHagahos Maimoni, cited in the Darkei Moshe here s.k. 3).

And all the more so concerning one who comes to sanctify himself and conduct himself according to "the secret of Hashem is to those who fear Him" (and as the Rebbe, our righteous Moshiach, wrote that he had not heard whether this is a directive for the many or only for select individuals, although in practice it has already become the common inheritance of all Anash and is not to be changed, as is obvious), in my humble opinion it is as clear as an egg in kutach that one should not do so at the expense of a great leniency in a matter that is from the law of the Gemara, and if he does so, ostensibly his reward is offset by his loss, and it would be preferable to simply perform kinuach and hadacha according to the law and not wait at all.

Therefore one must take care that after finishing eating dairy foods, and all the more so cheese, to eat something pareve (other than flour, dates, and vegetables) and pass it over both sides of the mouth, and likewise to drink a beverage (and swish it around in the mouth) before beginning to eat meat.