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The Story Behind the Open “Bagel Boss” Near Beth Israel Hospital In Manhattan


By Rabbi Yair Hoffman for 5tjt.com

Recently, a sharp-eyed frum reader witnessed something quite bizarre.  It was a kosher bagel store with a prominently displayed kashrus certificate that was doing a brisk business over Pesach. The store, known as Bagel Boss, located at 263 First Avenue in Manhattan, also displayed a prominent Mezuzah on the doorpost.

Um, Uh-Oh.

So what’s the story?

THE EXPLANATION

A call to the Rav HaMachshir who signed the Kashrus certificate produced the following explanation:

The Rabbi explained that, last year, during the height of COVID, he had received an interesting call.  Apparently, Beth Israel Hospital was undergoing construction, and they did not have cafeteria facilities available for their staff and the construction workers.  The hospital made a request that, in light of the situation, was there some way that could be figured out that the bagel store be kept open?

The Rabbi felt that in order to accommodate the hospital’s request he would make a full sale of the business to a gentile.  It seems that the Rabbi felt that there were cheshbonos and elements of Chillul Hashem in not accommodating the request.  He further explained that a full and legal sale was done, no different than the sale done to the national supermarket chains with Jewish ownership.  The Rabbi did the same sale again for this year.

 

THE PROBLEM

The problem was that the sign that indicated the hechsher was, in fact, not taken down from the store front. Furthermore, there was no signage indicating that such a sale had taken place.

There is an issue in halacha called “Maris Ayin” – where a situation appears to be a violation of Halacha (see Shulchan Aruch OC 243:2).  This is particularly problematic when a business is specifically identified as under Jewish ownership.  For example, it is forbidden to rent out a bathhouse to a gentile if it had previous Jewish ownership. This is called, “shaim Yisroel nikrah alav – the name of Jewish ownership is still upon it.”

THE SIGN IS REMOVED

The Rabbi, having been contacted by the sharp-eyed and alert observer, instructed that the sign be removed immediately.

EVEN IF THE SIGNAGE IS REMOVED

Even if the sign was removed, however, it may be that this is still not halachically sufficient to remove the identification of previous Jewish ownership.

Dayan Yitzchok Weiss zt”l (1902-1989) in a responsum (Minchas Yitzchok Vol. VII #11) discusses the steps necessary to remove Jewish identity when the Jew rents out his business to a gentile.  He writes that the Jew’s name must be removed from the signage. He also writes that the store should be closed for a month and that the Jewish owner should attend a shul that he was unable to attend previously on account of his work.  Dayan Weiss writes that this would publicize the fact that the business is no longer under Jewish ownership.

Dayan Weiss further writes that it is very important to examine the issue deeply so as to ensure that a catastrophe not occur or at least that people will not take further liberties in halacha.  Rav Elyashiv zt”l (1910-2012) as well also provided guidance (see Kovetz Teshuvos Vol. III #37) as to how to remove the label of previous Jewish ownership.  The issue is also applicable to Shabbos and the aforementioned responsa deal with partnership arrangements between Jews and gentiles.

When it is uncommon for crop-sharing to occur then, generally speaking, there is no problem of Maris Ayin. When crop-sharing or a similar arrangement is not generally done, then there is a problem of Maris Ayin.  It is not common for a crop-sharing arrangement to exist in regard to bathhouses, but it is common when dealing with land.

THE NEW LETTER

In order to address some of the issues discussed above, the Rabbi who provides the supervision issued a new letter explaining the fact that a full legal sale was performed and the reason why an exception to the general practice of not selling a business over Pesach was made here.  The letter has been posted at the store front and the hechsher certificate has been removed.

Perhaps in modern times, the informing of the sale to a gentile can also be accomplished by posting the information on a website.

[Please note that this halachic discussion is not to be viewed as advocating the sale of businesses over Passover that remain open or the underlying Kashrus of any establishment discussed in this article by the newspaper, website or author.]

A GENERAL HISTORY OF BETH ISRAEL HOSPITAL

It is interesting to note that Beth Israel Hospital was originally started in 1890 by a group of forty orthodox Jews in the lower east side of Manhattan. These Jews were incensed that the area hospitals would not treat their fellow lantzman because they had not resided in New York for an entire year.  They resolved to remedy the problem.

It initially opened as a dispensary at 206 Broadway in 1891, serving immigrant Jews who were living in the tenement slums of the Lower East Side. Four years later, the hospital moved to Jefferson and Cherry Street.  Eventually, it purchased neighboring hospital Manhattan General and was renamed Beth Israel Medical Center.  In November 2013, Beth Israel Medical Center was changed to Mount Sinai Beth Israel as a part of a merger with Mount Sinai to form Mount Sinai Health System.

The author can be reached at [email protected]

(YWN World Headquarters – NYC)



10 Responses

  1. Interesting.

    So does the Jewish owner toivel all of the keilim every time he “buys back” the store as required when buying keilim from a non-yehudi?

    Does he take down, and then put back up the mezuzos when he “buys back” the business?

    And does a mashgiach go in on Pesach and Shabbosim to make sure the non-yehudim don’t treif up the kitchen?

  2. “It seems that the Rabbi felt that there were cheshbonos and elements of Chillul Hashem in not accommodating the request.”

    The rabbi should have known that there’s a far greater Chillul Hashem in allowing the restaurant to be open on Pesach.

  3. Doesn’t sound too kosher.. Who’s being the mashgiach over Pesach? Is the hospital cafeteria still under construction? Seems unlikely. There are several treif restaurants on the same block. Lame excuse.Who is the Rav? He should remove his certification.

  4. Obviously the keilim were not sold. Do you sell your keilim to a goy for pesach and tovel them after? As for the 24/7 issue, it’s probably handled the same way. Incidentally, the author is probably not correct in saying that it’s maris ayin, since most people have no idea who owns bagel boss. It’s not like it’s called yanki’s bagels or something like that. Also, like it says two simanim later in shulchan aruch, you can even have a goy and a yid beshutfus in a merchatz and there’s no problem of maris ayin when it’s open on shabbos, since everyone knows the yid has it half the week and the goy, the other half.

  5. The comments on tevilas keilim and mezuzas are ill-informed, since the sale is for chmetz, and chometz absorbed in keilim, but not the sale of the keilim themselves. Likewise, the places where chometz is located are rented to a gentile, as such, the places are not actually sold.

    A concern would be when gentiles cook (even if the ingredients are all kosher). Bishul akum prohibits not just the food but also the absorption of this food into the pots, pans and all dishes used for hot/warm foods.

    Although breads may be exempt if it is pas paltur (gentile bakery), cooked foods are generally captured by this rabbinical prohibition (except for certain foods).

    As such, It would require a full kashering of all pots, pans, dishes (and those made from ceramic or non-kasherable materials would need to be replaced).

    It is hard to imagine that there are no gentile owned food facilities nearby, and this is the only appropriate location to facillitate the hospital!

    Sounds more like a business opportunity that was negotiated between owner and hospital to generate revenues and cover losses over the closed 10 days of pessach! The “chillul Hashem” excuse is just that – an excuse to justify! It is transparent and the rav hamachshir is an accomplice by propagating the cover story.

    And THAT is the real issue here! And THAT raises concerns!!

  6. “A concern would be when gentiles cook (even if the ingredients are all kosher). Bishul akum prohibits not just the food but also the absorption of this food into the pots, pans and all dishes used for hot/warm foods.“

    That like most other things is a מחלוקת

  7. The overwhelming opinions and accepted custom requires kashering from the absorbed bishul akum:

    Rashba in Toras Habayis 3:7 (end), Rashba Meseches Avodah Zarah 38a, Ran (teshuvos) 5:11, Toras Chatos 75:14, Tur, Bais Yosef, Shulchan Aruch 113:16, Levush 16, Shiurei Beracha 18-19, Chochmas Adom 66:11, Mishna Brurah O.C. 328:63, Aruch Hashulchan 113:50, Kaf Hachaim Y.D. 113:89, Igros Moshe Y.D. 2:41, Kitzur Hilchos Bishul Akum (Berger) page 45:67. Refer to Matei Yehonosson 113:16, Pri Chadash 25, Kashrus 2:pages 13-20 in depth. See Shulchan Melachim 2:pages 943-951.

    Shulchan Aruch 113:16, Aruch Hashulchan 113:50, Chai Ha’Levi 5:54:1.

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