Purim - 5778

Purim - 5778 Rabbi Hal Miller (Reminder: It is traditional that on Purim we read "Purim Torah". These are fashioned in the same way as regular divrei Torah, but are humorous, nonsensical, and often just plain silly. Any "rulings" of law herein are expressly disclaimed as being jokes, not serious.... Oh, and bear in mind you're supposed to be a little schicker when you read it. --HM) Those of you who have been following this series over the past fifteen-plus years are aware of the "Halacha" series I have been writing for Purim each year. This year, our discussion topic is the halachos of chocolate.

Most of us probably just sat up a little straighter, but not all of us. There are those

who, for whatever reason, would prefer another treat. Like the wearing of tzitzis, we

are not commanded to eat chocolate, but if we do choose to eat, there are rules to

follow. This is, therefore, a conditional mitzva, rather than time-bound, so it applies

to both men and women.

So where do we find the sources for halachos of chocolate? There are no biblical

references directly, so we must look for allusions to it, what are known as asmachtos,

verses in the Torah that indicate what the law is without being specific..

For instance, in the Megllla of Esther, this being Purim, we find Haman offering a

huge PAYDAY to the king to allow him to kill all the Jews. He offered 10,000 talents

of silver, which was a more-or-less random figure that meant "a lot". In our time, the

same idea would be translated as roughly 100,000 in BARs of what would become

DOLLARs (although it's worth more like $153 million now). Haman's wife, Zeresh, proved

herself a true ZERO by first encouraging Haman, the CAD (now BURYed) to build a

gallows for Mordechai, and then in the next chapter warning Haman that he was going to

lose to the Jews. We also see that in Esther 6:1, "That night sleep eluded the king, so

he ordered that the record book be brought and read". To want such a thing is truly a

sign of insomnia. Either that or too much caffeine. We find references to chocolate

NESTLE'd into various other parts of the Megilla.

Chocolate is known to contain caffeine. Varying types of chocolate contain different

amounts, but the ingredient is there. We know the effects, but what are the rules about

caffeine? If it is a dangerous drug, then are we actually allowed to use it? Not to worry,

as either caffeine is considered not sufficiently dangerous, or we can rely on the rules

about cars. Technically, driving a car (moreso each year) is a secana, a life-endangering

activity. Technically, no Jew should drive a car, nor even ride in one, as we are prohibited

from putting ourselves into such danger. However, the Sages have noted that cars are

so widely used, and that the percentage likelihood of serious injury is low, that they have

granted us permission, albeit grudgingly. We could make the same arguments here, in

fact with less worry, as caffeine is not only less dangerous, but actually helps reduce the

danger with the automobile situation as well. Thus, unless one is impacted by caffeine

to a greater-than-normal level, we can merely note it and move on.

Chocolate use is not limited to Judaism. Other religions have varying quantities of it in

their repertoire. It appears to be linked to numerous holidays, such as Valentine's Day

and Easter. We can safely set aside the questions of how chocolate rabbits manage to

lay chocolate eggs, or any other kinds of eggs for that matter. We do, though, need to

ask whether the use by other religions puts a damper on our use. The Talmud is replete

with examples of things we may not use because they are used for the religious rites of

idolaters. The asheirah tree is a good example of this. Does this impact us here? Since

asheirah trees were uniformly used for idol worship, and since chocolate is only used on

occasion for something similar (watch any television commercial that features chocolate),

it would not automatically appear that a Jew eating chocolate was somehow linked to

idolatry, therefore we can safely ignore the possibility. Besides, we would have to ask

where the non-Jews got it from--the carob tree goes back in Jewish history way before the

other religions tried eating anything similar. We do not, as a rule, allow someone else to take

something away from us merely by their using it in another fashion.

Are there acceptable substitutes for chocolate? Depends on how one defines the phrase

'acceptable substitute'. Going back in time, we find carob. There are people even today

who chew on carob pods, seeds, or possibly the tree bark. The flavor is clearly not the

same as the derivatives of the cacao bean plant. One could call beef jerky a substitute

for chocolate and be just as accurate. There are "artificial" chocolates, typically made

from wax--beeswax, candlewax, plastic, it's hard to tell the difference. Some companies

have managed to replicate the flavor to some degree, but not quite the texture. This is

a highly subjective area.

What forms does chocolate appear in? We would all recognize the powdery mixes used

in drinks, whether for water or milk. There are syrups that do the same thing, as well as

syrups to be used as toppings for ice cream, apple pie, hamburgers, etc. Candy bars

abound, some of which actually contain cacao-based derivatives. Certain companies

have popularized specific products, each of which requires their own form of chocolate,

such as S'mores, chocolate-chip cookies, etc. Baking chocolate -- which is often called

"bittersweet", an interesting label for a candy -- milk chocolate, dark, and white, all have

their proponents based on slight differences in accepted tastes for these products. All

have the same halachos, in particular the need to determine whether they are dairy-based

or pareve. A possible exception would be white chocolate, as typically it contains no

cacao-based ingredient at all. Tzoreich Iyun -- a matter for further study.

What combinations are permitted in Judaism? What combinations are prohibited? Certainly,

any combination of a meat product with any chocolate that contains dairy ingredients is not

recommended based on the Torah prohibition of goat meat cooked in goat milk. But there are

so many other common combinations -- are we allowed those? Chips with nuts, seeds and

raisins commonly called "trail mix", is allowable, including subsets of that combination. The

"S'mores" product is a machlokes, primarily due to the marshmallow ingredient, since the

majority of marshmallows are made from gelatin and are not kosher. Cooking a marshmallow

does not remove the prohibition, but using a marshmallow that is not made from non-kosher

gelatin is technically allowable. The concern is with "ma'aris ayin", which refers to the

appearance of doing wrong, even if one knows there is no prohibition involved. Leaving the

marshmallow bag out where everyone can see that it is a kosher version may get around this

problem. Another common combination is melted chocolate and fruit, be it strawberries, cherries,

bananas, watermelon, whatever. Some of those also include alcohol in one form or another,

which brings with it an entirely separate set of halachos. In general, fruits are allowed.

Possibly the biggest success in chocolate combinations is with peanut butter. This also

brings in another set of halachos having to do with secana -- danger to life. For some

unknown reason, our generation has a tremendous issue with peanut allergies, even though

it was simply not a problem in previous generations. Can one serve a peanut-chocolate

combination? It is a machlokes, and a local rabbi should be consulted.

Does chocolate require a hechsher? At first glance, being a plant derivative, one would

think that it does not. However, since most presentations are combined with other

ingredients, making it soft, pliable, edible, not so bitter tasting, etc., we must look at

those other ingredients. In many cases, they are dairy, necessitating the marking of a

package to prevent use with meat. In other cases, the manufacturer uses non-kosher

additives, whether for flavor, color, or stiffness, so without a hechsher one cannot

determine what is in the box. This is even more problematic in the situation of substitute

chocolate candies.

Can we eat chocolate made or handled by a non-Jew? This is a well-known issue for wine

and for bread. Does chocolate fit the same category? Certainly there is an issue with

regard to combinations with alcohol, and a reliable hechsher would be required. But as it

is a cooked food, do we run into bishul akum (generic prohibition of food cooked by a

non-Jew)? It may be that all chocolate products would require supervision by a Jew at

most, if not all, phases of production. Does that mean from the time of harvesting the

beans? Planting the trees? Or only the cooking process? By comparing it to grapes,

which are also a seed-bearing fruit as is the cacao bean, we might think that a Jew would

be required to handle, or at least supervise the handling from the time of harvest right

through production and packaging of the final product. By comparing it to coffee, another

similar plant derivative, we would say the same. Would that also apply to the beans

themselves? Or can we rely on dried cranberries as an example? Since people do not,

as a rule, eat the whole beans, rather use a cooked derivative of the ground bean, as with

the case of wheat bread, it would seem that chocolate requires Jewish manufacture, or at

least Jewish supervision during the process. Further, since the beans are fermented

during the process, we run into the same issues with cacao as we do with alcohol.

Is chocolate kosher for Pesach? The cacao tree is native to the Americas. It was not

known in Europe, Africa, nor Asia until the 1600s, when the various European explorers

brought it back from their early trips to South and Central America. Although Egyptians

of the biblical era had candies of various kinds, chocolate was not among them. The

Jews of the Exodus knew nothing of it, and thus did not bring it with them into the desert.

They also did not bring maize (what we now refer to as corn, although that is a change

in use of the term), nor did they bring turkeys. So, are any of those products acceptable

for use during Pesach? First, we note that they are not chametz, the yeast or leavening

products prohibited by the Torah. But we know that, at least for Ashkenazic Jews, corn

and rice are prohibited, even though acceptable to Sephardic Jews. If we view chocolate

similarly to corn chips or rice cakes, we may have a problem. Turkey has been declared

acceptable, so perhaps the argument that "it wasn't in Egypt" is a weak one, and these

other products are only prohibited for other reasons. If we view chocolate similarly to

coffee, then perhaps we can find leniencies that will allow it. Certainly the manufacturing

process and other ingredients would be relevant to monitor, as is the case with coffee.

But if we view the prohibition on corn and rice to stem from the possibility that they may

have been combined with wheat at various stages of production, then it is possible that

chocolate may not be in that same category, and would be permitted. Then again, if the

cacao bean is like peas or lentils, we may have a problem.

In all cases, an experienced orthodox rabbi should be consulted.

Purim Sameach!