5785/2024
With Rav Mordechai Willig's agreement, Rav Asher Bush (Teshuvot Sho’el BiShlomo 2:63) permits high-quality, non-organic, triple-washed lettuce from a major North American company. Yet, the major Kashrut organizations do not agree due to concern for insect infestation. Let us try to understand this dispute.
Insect Inspection Basics – Rov, Mi’ut HaMatzu’i, and Mi’ut She’eino Matzu’i
There is much at stake when inspecting lettuce for bugs. Any insect visible to the naked eye is not nullified even in a one thousand times greater amount of food (Shulchan Aruch Y.D. 100). Nullification implies insignificance, which is not the case for an intact macroscopic organism, even the size of an ant.
However, the Shulchan Aruch (Y.D. 84:8 and Shach Y.D. 84:28) only require inspections of typically infested produce. How common must the infestation be?
On a Torah level, it suffices to rely on a Rov, majority of cases (Chullin 11b-12a). In the case of insect inspection, if a majority of the produce does not contain bugs, there is no need to inspect them (MiDoraita). However, Rashi (Chullin 12a s.v. Pesach) and Ramban (Milchamot Hashem, Chullin 3b in the pages of the Rif) say there is a rabbinic obligation to inspect for Torah prohibitions if there is a Mi’ut HaMatzu’i, a significant minority, of problem situations. Rashi and Ramban are codified as authoritative (Shulchan Aruch and Ramah Y.D. 84:8 and Shach Y.D. 84:28).
These Rov, Mi’ut HaMatzu’i categories, and Mi’ut She’eino Matzu’i are relevant in many other areas of Halacha, including Treifot inspection and Sha’atnez review.
The widely accepted definition of a Mi’ut HaMatzu’i is that a problem exists in ten percent or more cases, following Teshuvot Mishkenot Yaakov (number 17). The Darkei Teshuva (39:3) and Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:63: 1) present this ruling as authoritative.
Perhaps this approach of the ten percent benchmark is also appealing because it avoids the extreme of the other views. On one end of the spectrum, the Rivash (Teshuvot number 191; note that the Rivash is the only Rishon to address this question) sets the bar at thirty-three percent. Rav Yitzchak Yosef (Yalkut Yosef, Y.D. 84:12) presents this as the primary view. At the other end of the spectrum, Rav Yosef Shalom Eliashiv (Halichot Sadeh, 143:7), Rav Shmuel Wosner (Teshuvot Sheivet Halevi 4:81), and Rav Asher Weiss (Minchat Asher, Shemot 42:5) place the number between four to five percent.
Rav Bush follows Rav Hershel Schachter and Rav Mordechai Willig, who accept the ten percent standard. The OU follows this standard as well (https://outorah.org/p/109245/). As Rav Ovadia Yosef notes in several Teshuvot, normative Halachah prefers the middle opinions.
Of great relevance to the issue at hand, contemporary Poskim debate the unit one uses to gauge the percentage of insect infestation. Four opinions have emerged. According to Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:63:2), a natural unit is used. For example, a head of lettuce constitutes a unit. Rav Eliashiv (cited in Bedikat Mazon KaHalacha 1:4:4) defines a unit as the amount a consumer typically purchases. Rav Wosner (ad. loc.) and Rav Schachter say it is a portion of the food one eats in a meal (I have heard that Rav Zalman Nechemia Goldberg agrees). Finally, Rav Willig argues the unit is the amount one places in his mouth. In our case, Rav Shlomo Zalman and Rav Eliashiv would agree on the “unit,” and the amount typically purchased is one bag/package.
If it is established that there is a Mi’ut She’eino Matzu’i of infestation, the Rashba (Teshuvot 1:274) rules that random produce samples do not suffice. Rather, we must review each piece. The Ramah (Y.D. 84:8) codifies the Rashba, and no one disagrees.
Application to Triple-Washed Lettuce
Rav Bush permits the use of non-organic triple-washed lettuce from major American companies without further examination. He writes that we typically do not find even a Mi’ut She’eino Matzu’i of insects in such triple-washed produce. A large, respected company has a business reputation it zealously seeks to uphold. Thus we may trust them due to the Halachic assumption of Uman Lo Mar’ei Anafshei; a professional does not work against his best interest (e.g., Menachot 43a and Shulchan Aruch and Ramah Y.D. 114:5). This is especially so in this situation where a misrepresentation is easily detected (Milta D’avidi L’geluyei, e.g., Bechorot 36a and Taz E.H. 120:12).
Criticism of Rav Bush’s Ruling
Many disagree despite the cogency and straightforward nature of Rav Bush’s ruling. For example, the CRC posts, “triple washed lettuce without a reliable Hechsher has been proven many times over to be infested.” Similarly, Rav Yisroel Belsky (Shulchan HaLevi, English, page 94-95) makes a similar claim even about produce with Kosher certification. The OU (Daf HaKashrut, February 2006) adopts the same stance. How do we account for the wide disparity between Rav Willig and the major Kashrut organizations?
The disagreements might stem from various points. One possibility is that the critics adopt a stricter definition of a Mi’ut She’eino Matzu’i or inspection unit. Another option is that they adopt a non-mathematical approach to determining a Mi’ut HaMatzu’i – whether one would be surprised to find a bug. Finally, they might agree with Rav Moshe Vaye’s assertion (Bedikat HaMazon KaHalacha 1:10:1) that once produce is infested at a rate of a Mi’ut HaMatzu’i, it must be cleaned completely and not merely reduced to the Mi’ut She’eino Matzu’i standard.
Rav Bush responds to Rav Vaye's point, arguing that Halacha judges an item based on what is presented before the consumer. Inspecting is unnecessary since the produce enters one’s domain below the Mi’ut She’eino Matzu’i threshold. However, Rav Vaye might invoke the Ramah (Y.D. 98:4) that even if a forbidden item is Bateil BeShishim, one must exert every effort to remove it. The Gilyon Maharsha (ad. loc.) notes a Torah-level obligation to do so.
However, Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:63:3) appears to agree with Rav Bush, and Rav Yitzchak Yosef (Yalkut Yosef, Issur V’Heteir, page 318) explicitly concurs. They could say that the Ramah speaks of food in which one is certain forbidden food has fallen. Even more so, in the case of Bittul, we know it is still there, but it fails to reach the Halachically meaningful threshold. In our case, the bugs have likely been removed completely.
S’nifim L’Hakel
Several secondary ways support Rav Willig and Rav Bush’s ruling. First, the Aruch HaShulchan (Y.D. 100:13-18 and 103:11) rules that foul-tasting bugs mixed in produce do not pose a Halachic problem. Despite Pri Chadash 103:5 and Kaf HaChaim 103:5 disagreeing with the Aruch HaShulchan, the latter is defending the prevailing practice of most Jews of his time. The Aruch HaShulchan records that most Jews did not thoroughly clean their produce from insects, except for the Medakdikim, the scrupulously observant.
Although Rav Schachter rejects this Aruch HaShulchan, I heard from Rav Ahron Soloveichik that he agrees.
Another S’nif L’hakel is the opinion that one unaware of the tiny insects on the vegetables he consumes does not violate Halacha because he is Mitaseik. Teshuvot Shivat Tzion (number 28) and Teshuvot Tzofnat Pa’anei’ach (Ma’achalot Asurot 2:15) subscribe to this idea, and Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 1:6 s.v. v’ayein) and Rav Asher Weiss (Teshuvot Minchat Asher 3:52) regard it as a possibility.
Finally, Halacha possibly does not prohibit tiny aphids and thrips on produce that are very difficult to detect. Tiny bugs might be similar to the Mishna Brura’s rulings that minute disqualifications of a Sefer Torah (32:122 and Bi’ur Halacha s.v. Ot Achat) and an Etrog (648:46 and Sha’ar HaTziyun 648:49) do not apply when one can detect them only by a close examination.
Rav Moshe Feinstein is quoted as presenting such a possibility. Rav Moshe is cited as saying that this was the practice of prior generations, and it is forbidden to question the Halachic practices of our forebearers.
This approach fits with the Mishna Berura not referencing a bug problem when discussing the Bracha on raspberries (203:1). Moreover, the Aruch HaShulchan (Y.D. 100:13-18) writes that most Jews (except for the exceptionally scrupulous) were only concerned if the bug was easily discernible.
Although we do not typically follow these approaches, they secondarily support a lenient ruling in case of doubt.
The Chochmat Adam’s Recommendation
Perhaps the best way to appreciate this stringent approach is likely based on the words of the Chochmat Adam (38:20), who wrote (long before the advent of pesticides), “It is proper for a person to look at what they are eating, and through this, he will be saved from eating many bugs; I testify about myself that many, many times I was saved through this, thank God.”
Response from OU Kosher
OU Kosher’s insect inspection expert responded that we must consider several practical factors. Firstly, infestation levels vary from region to region, field to field, and season to season within the same region. Secondly, washing systems are not uniform, and neither is their effectiveness. There have been instances when triple-washed lettuce has been checked and found to be Mi’ut HaMatzu’i. The OU Kosher expert clarified that their testing sample is an eight-ounce bag and that ten percent is the threshold they use for a Mi’ut HaMatzu’i. They also confirm that they conducted their tests on North American, high-quality, and non-organic produce from a large and reputable company.
Conclusion – Community vs. Individual
My experience accords with Rav Bush's, and other learned Jews agree. How are we to resolve this matter? First, the ten percent threshold is not met if the unit standard is a mouthful or even a portion. Second, perhaps we should distinguish between individual homes and the community. Individuals may rely on Rav Willig and Rav Bush, but communal organizations (including individual synagogues) should follow the OU standard.
The Aruch HaShulchan records that most Jews did not thoroughly clean their produce from insects, except for the Medakdikim, the scrupulously observant. Thus, the community upholds the tradition of the most conscientious Jews, and individuals may choose to honor the practices of the broader community.
See the document for footnotes:
https://docs.google.com/document/d/1kXokYo5oQlyw10AVC0SkdPXaHwuXngd0dmAP1TY6hBM/edit?usp=sharing