Chasamos - Unattended Meat

Q. I left a pile of hotdogs on a plate in my backyard and went into my house for a few minutes. Is there any concern with the hotdogs?

A. In a previous halacha we noted that there is no reason to suspect that a burglar who would steal hotdogs from a car would replace them. The same would be true in our situation. However, in the case of meat left outside without supervision, there is another reason for concern. The Talmud (Chulin 95a) discusses basar she’nisalem min ha’ayin (meat that was hidden from the eye, i.e. unattended meat left outdoors, or indoors with a window left open or a door left ajar.) Rav prohibits unattended meat and Levi allows it. Rav forbids it because an animal might drag away a kosher piece of meat and leave behind a non-kosher piece in its stead. The Yerushalmi (Shekalim 10:2) explains that this seemingly far-fetched concern stemmed from Rav’s observation that people in his time were lax with the laws of kashrus. He enacted this strict measure to teach the importance of being vigilant. Shulchan Aruch (YD 63:2) rules like the opinion of Rav that meat left unattended is prohibited, and Sefardim follow this ruling (Kaf Hachaim, YD 63:23). However, Ashkenazim follow the position of Rama, who rules like Levi, that unattended meat is acceptable. If, however, a person recognizes the meat (tevias ayin), and is certain it is the same piece that he left there, even the Shulchan Aruch agrees the meat can be consumed (Yalkut Yosef 63:3). Thus, our original question about unattended hotdogs in a backyard will be a matter of dispute between Sefardim and Ashkenazim.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.