QUESTION: A Jewish owned party rental company rents out silverware. Are these items obligated in tevila?

ANSWER: In a previous Halacha Yomis it was explained that a store that sells pots and other food utensils is exempt from the mitzvah of tevilas keilim. Similarly, the Haga’os Ashri (AZ 5:35) writes that if one purchases a knife for the purpose of cutting parchment and not for preparing food, the knife does not require tevila. Even if one lends out the knife to another Jew who will use it for food preparation, it is still exempt. Since the owner of the knife is not obligated in tevila, the one who borrows it is also not obligated. According to the Haga’os Ashri, it should follow that a party rental company that does not use the silverware, but only rents it out, should be exempt as well. However, the Taz (YD 120:10) points out that this is subject to a disagreement among Rishonim. The Issur V’Heter writes that since the owner himself cannot use the silverware without tevila, he cannot rent it to others to use without tevila. The Taz writes that one should be concerned for the position of the Issur V’Heter and toivel rental items but without a beracha. The Pischei Teshuva (YD 120:9) cites the Binas Adam who writes that regarding rental of glasses (for which the obligation of tevila is Rabbinic), if there is a need, one may rely on the lenient opinion to use the glasses without tevila.

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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.