Bishul Akum - Potato Chips

Q. If potatoes are subject to bishul akum, what about potato chips? Must kosher certified potato chips always be prepared with bishul Yisroel?

A. This question hinges on the following question: As noted, bishul akum applies only to foods that are “oleh al shulchan melachim” (served at royal feasts, henceforth abbreviated oas”m). Does oas”m mean that the food is elegant in its current state (in which case potato chips are not oas”m since they are not served at royal banquets) or, does oas”m mean that the food category can be prepared in a manner that is suitable to be oas”m (in which case potato chips are subject to bishul akum, since potatoes can be prepared as a fancy food item)?

Rabbi Belsky, zt”l subscribed to the former position and held that potato chips are not oleh al Shulchan melachim and bishul akum does not apply. Rabbi Belsky brought as evidence the statement of the Rama (YD 112:1) that rice bread is not subject to bishul akum, because it would not be served at a royal table and is not oas”m. Plain rice is oas”m, but nonetheless rice bread is not. This proves that we consider whether the food is oas”m in its current state, and not the suitability of the food category to be oas”m.

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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.