5784/2024
Our Reputations Belong to Hashem
The Torah expects us to guard our reputations zealously. The Mishna (Shekalim 3:2) states: “One must be clean in the public perception just as he must do regarding Hashem. The Torah states (BeMidbar 32:22), “And you must be clean before Hashem and Yisrael.” Mishlei (3:4) teaches, “You shall appear appealing and intelligent in the eyes of Hashem and people.”
It is told that the Chafetz Chaim realized that it is prohibited to speak Lashon Hara against oneself after disparaging himself to a traveler he met on a train, who did not know he was the Chafetz Chaim. The traveler became irate and upset at the Chafetz Chaim and even struck and cursed him! When the traveler visited the Chafetz Chaim and discovered he hit the holy sage, he apologized profusely. The Chafetz Chaim told him not to worry since he taught him that speaking Lashon Hara about oneself is forbidden, something the Chafetz Chaim did not include in his works on Lashon Hara.
Rav Hershel Schachter cites Rav Yosef Dov Soloveitchik that the Halachot concerning cheshad, the prohibition to arouse suspicion about oneself, is rooted in the prohibition to speak Lashon Hara about oneself. One does not own his reputation since it belongs to Hashem. We must protect our good name just as we must preserve our health.
Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 2:40) defines cheshad as casting aspersions on oneself and marit ayin as misleading others to incorrectly think something is permissible. Rav Shlomo Kluger (Teshuvot U’Vacharta BaChaim 68), Teshuvot Chessed L’Avraham )1:21) and Rav Asher Weiss (Teshuvot Minchat Asher 1:65) agree.
Kashrut Applications
Although fish blood is permitted, the Chazal forbid consuming it unless pieces of fish scales are mixed to clarify it is fish blood (Keritut 21b). Similarly, the Rama requires placing (Y.D. 87:3) almonds on the table when eating almond milk with animal meat. The Shach (Y.D. 87:6) clarifies that almonds are necessary even when having almond milk with poultry. The Chochmat Adam (40:3) and Aruch HaShulchan (Y.D. 87:16) follow the Shach.
Imitation Dairy, Meat, and Non-Kosher Foods
Today, various fake meat, cheese, and non-kosher products abound. Fake crab is very common in sushi, fake cheese is placed in burgers, and soy-based burgers are eaten with cheese. Must we display some packaging to avoid concern for marit ayin and cheshad?
While Rav Asher Weiss (Teshuvot Minchat Asher 1:66) writes that it is preferable to do so, OU Kosher (https://oukosher.org/blog/consumer-kosher/maras-ayin-and-kosher/) does not make such a requirement. The common practice reflects the OU’s policy.
The Mishna (Kilayim 9:2) forbids mixing silk and wool because people confuse silk with linen. However, the Rosh (Niddah 9:7) writes that this concern is no longer relevant since silk was common in his times. The Shulchan Aruch (Y.D. 298:1) codifies the Rosh with no dissent.
How can the Rosh and the Shulchan Aruch overturn a Mishnah? The answer is that Marit Ayin and cCeshad are not ironclad. They change with time. What was prohibited in the time of the Mishnah because of marit ayin is no longer banned centuries later. The Halacha has not been altered, but the reality has changed.
Rav Ovadia Yosef (Teshuvot Yechaveh Da’at 3:59) applies the Rosh and Shulchan Aruch to pareve milk and ice cream. No packaging display is required. He notes that people use matza meal even though it appears like flour. Rav Asher Weiss notes that sheitels do not raise marit ayin concerns that the married woman is not covering her hair. Neither does a man shaving with an electric shaver does not raise suspicions he uses a razor. Matza meal, shavers, and sheitels are so common they pose no concern for marit ayin.
Rav Asher Weiss surmises that almond milk was not common in the Rama’s era, and thus, he required placing almonds on the table. Today, no one raises a fuss with fake crab meat in sushi since it is so common. The same applies to the plethora of pareve items whose widespread market availability is well-known.
Rav Ovdia adds that the Tiferet Yisrael (Kalkelet Shabbat, 34) writes that marit ayin only poses a problem when it appears more likely he is doing something forbidden than a permitted activity.
Eating at Non-Kosher Restaurants
Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 2:40) writes that one should not enter a restaurant absent exceptional need (such as extraordinary hunger or restroom urgency) due to marit ayin and cheshad. However, Rav Moshe’s talmid Rav Moshe Heinemann rules one may buy and eat kosher food and drinks in cafeterias, coffee shops, and food courts at airports and rest stops. He notes that no suspicion is aroused since religious people commonly purchase kosher food in these locations. He compares such purchases to buying products at supermarkets selling kosher and non-kosher items (https://www.star-k.org/articles/kashrus-kurrents/7728/optical-allusions-avoiding-maris-ayin/).
Business Meetings in Non-Kosher Restaurants
Rav Asher Weiss (Teshuvot Minchat Asher 1:67) similarly permits attending a meeting held in a non-kosher restaurant since conducting business in such establishments is common. Rav Yaakov Kaminetzky (cited in Emet L’Yaakov C.M. 425:5) agrees.
Rav Hershel Schachter permits, in these circumstances, ordering a drink and uncut fruit as well (https://oukosher.org/halacha-yomis/required-attend-business-meeting-non-kosher-restaurant-avoid-issue-maris-ayin/). Presumably he allows eating food from a kosher certified food provider shipped to the non-kosher place if proper steps are taken to maintain the food’s kosher status (seals, special silverware, etc.).
The Rabbanim who permit attending a business meeting in a non-kosher restaurant do not contradict Rav Moshe’s forbidding entering a non-kosher restaurant. Only when necessary do these Rabbanim permit entering a non-kosher place, such as for a business meeting. There is no reason to wear a cap instead of a kippa in such circumstances since one engages in permissible activity. Rav Asher Weiss does not mention a preference to avoid “appearing Orthodox” in such circumstances.
Places with Questionable Kashrut Certification
Rav Weiss cautions, however, that one must avoid restaurants with subpar kosher supervision. A religious Jew entering such establishments misleads the underinformed to think it is permissible to eat there. The same applies to “kosher style” and vegan eateries, which some people wrongly perceive as acceptable. In such cases, the concern for cheshad is great, and one must zealously avoid entering such establishments.
Conclusion
Today, kashrut marit ayin is uncommon, but concern for cheshad is perhaps greater than ever. The proliferation of sub-standard kashrut certifiers should make us keenly aware of the need to avoid misleading others.