Introduction to the
Halachos of Tevillas Keilim

The Gemara in Mesechas Avoda Zorah (75b) traces the source for the Mitzvah of tevillas keilim -- ritual immersion of newly aquired vessels - to a pasuk in parshas Matos.

In Parshas Matos (31:23), regarding the vessels taken in the war with Midian, the Torah states: "Every thing that comes into the fire you shall pass through fire and it will be tahor (purified/cleansed). Vessels that are used for hot non-kosher food absorb the taste of that food, thus rendering the vessels non-kosher. This taste must be removed by exposing the vessels to very high temperatures, thus the requirement to "pass the vessels through fire."

However, the Gemara understands that the phrase " it will be tahor" (purified) is superfluous, and therefore its inclusion must be intended to teach us something that is not written explicitly in the verse. From this extra phrase the Gemara learns that a vessel acquired from a non Jew, requires an additional purification, even after the absorbed tastes have been burned out. This additional purification, explains the Gemara, is achieved through immersion in a mikvah.

The Talmud Yerushalmi explains the rationale behind this mitzvah: When a Jew buys a new food-vessel, the vessel receives the potential to become elevated. To prepare the vessel for this new level of kedushah, it is necessary to immerse it in a kosher mikvah.

According to most Rishonim, the mitzvah of tevillas keilim is a Torah obligation. The Rambam, however, understands the mitzvah to be of rabbinical origin. According to the Rambam, the posuk is not a true Torah source, but rather an asmachta -- a hint in the Torah for a rabbinical decree.

Positive mitzvos can take either of two forms. With some mitzvos, the purpose is the performance itself; other mitzvos can be seen a means to an end. For example, with the mitzvah of lulav, the action of shaking the lulav is itself the desired result. In contrast, the mitzvah of shechitah or the mitzvos of separating trumos and maasros can all be viewed as a means to an end -- a necessary preparation for eating the food.

Most authorities are of the opinion that the mitzvah of tevillas keilim fits into the same category as shechitah: a means to an end. Accordingly, the mitzvah of tevillas keilim implies a prohibition against using keilim that have not been immersed in a mikvah (similar to shechitah which implies a prohibition against eating an animal which has not undergone a valid shechitah).

There is, however, a minority opinion (Sdai Chemed), that understands the mitzvah of tevillas keilim to be similar to mitzvos such as shaking the lulav. According to this opinion, there is no prohibition against using keilim that have not undergone tevillah. The owner of the keilim has a personal obligation to perform the mitzvah, but if he neglects to do so, use of the keilim is not forbidden.

This principle has practical applications. For example, if a person were to eat at a restaurant that is owned by a Jew who has not immersed his keilim. According to the first opinion, it would be forbidden for him to use the keilim, whereas according to the second opinion it would be permitted.

Today's Poskim have ruled like the first opinion, and therefore, one may only eat from another person's vessels if one knows that they have undergone tevillah. It is worth noting that according to both opinions, the food itself does not become forbidden; the prohibition is against using the vessels.

(The obligation for restaurants and caterers to immerse their keilim will be discussed later at length)

We mentioned above the explanation given by the Talmud Yerushalmi for the mitzvah of tevillas keilim: when a Jew buys a new food-vessel, the vessel receives the potential to become elevated. Accordingly, only vessels that are under total Jewish ownership will require tevillah.

It follows then; that a vessel borrowed from a non-Jew does not require tevillah. Similarly a vessel owned jointly by a Jew and a non-Jew does not require tevillah.

Furthermore, in order for a tevillah to be considered valid, the vessel must require tevillah at the time of immersion.

Some practical applications of the above:

1. A Jewish storeowner is not required to toval vessels that he plans to sell (as long as he does not intend to eat from them), since they are not considered klai seudah (vessels used for food), but rather as merchandise. Accordingly, if one were to buy vessels that had been previously immersed in a mikvah by the storeowner prior to the purchase, the buyer would need to immerse the vessels again after having completed the purchase.
   
   
2. Purchasing goods with payments: If one of the conditions of the purchase is that the vendor has the right to repossess the merchandise until the payments are completed (which is often the practice is Israel), the immersion of the vessel is invalid. Thus one would need to immerse the vessels upon purchase (if they are to be used) and then immerse them again when the payments are complete. Both immersions should be performed without reciting a brachah (as one only makes a brachah when one is sure that one is definately fulfilling the mitzvah.with this act).
   
   
3. Paying for goods with a postdated check: It is questionable whether the buyer gains complete ownership of the vessel. If the vessel is immersed before the buyer has complete ownership, the immersion is invalid. One would need to immerse the vessels twice, like goods that are purchased with payments.
   
   

The articles on this website are not not intended as halachic rulings.
Where necessary, one should consult a competent halachic authority.