Bishul Akum - Canned Sardines

Q. Is there a prohibition of bishul akum on canned sardines?

A. One might argue that sardines are not subject to bishul akum because the Gemara (Avoda Zorah 32a) states that small fish are not oleh al shulchan melachim, and sardines are small. However, this is not correct, because the Bach explains that the Gemarah in Avoda Zorah refers only to small fish which will be large when they mature. It is not common to eat such fish when they are small, and they are not worthy of being served at a king’s table. However, fish that remain small throughout their life cycle (such as sardines) are subject to bishul akum. In fact, the Aruch Hashulchan (YD 113:26) lists sardines as a species of fish which is oleh al shulchan melachim.

A different basis for leniency is to suggest that while sardines as a fish are oleh al Shulchan melachim, canning sardines diminishes their quality and renders them unworthy for a king’s table. This consideration was suggested by Rav Shimon Schwab zt”l to the Chazon Ish. Rav Schwab noted that many Rosh Yeshivos in Europe ate canned sardines, and he asked the Chazon Ish if he concurs. The Chazon Ish responded that in his opinion canned sardines are subject to bishul akum, because ‘’the King of England occasionally eats canned sardines for breakfast.’’ Apparently, the Chazon Ish understood that oleh shulchan melachim refers to any table in a palace where a king eats (including breakfast), while the Roshei Yeshiva understood shulchan melachim to mean a royal table used for elegant state dinners.

Rabbi Genack pointed out that these two interpretations of shulchan melochim may be reflected in a discussion in Tosfos (AZ 31b). Tosofos asks why there is no issue of bishul akum with beer. Tosfos offers two explanations. The first response is that beer is permitted because it is not oleh al Shulchan melachim. Although kings also drink beer, presumably Tosfos means that beer is not served at a state dinner (wine is served instead). This would support the position of the Roshei Yeshiva that canned sardines are not oleh al shulchan melochim. Tosfos’s second answer is that beer is not subject to bishul akum, since it is mostly water. Possibly, Tosfos was not satisfied with his first answer, because oleh al shulchan melachim may include anything consumed by a king (in line with the Chazon Ish ).

Rav Yosef Dov Soloveitchik zt”l ruled that canned sardines are not oleh al shuchan melachim, and this is the position of most poskim and the policy of the OU.

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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.