Ownership and Borrowed Vessels

The Gemara in Avodah Zarah (75b) states that only a vessel bought from a non-Jew requires tevillah. However a vessel that has been borrowed or rented from a non-Jew does not require tevillah. The Gemara learns this halachah from the parshah in the Torah that relates the battle with the Midianites. When the Jews took ownership of the Midianites' vessels, they were required to immerse these newly acquired vessels. Thus, it can be seen that only vessels under total Jewish ownership require immersion, thus a vessel that has been borrowed of rented from a non-Jew need not be immersed.

However, there are occasions when a borrowed vessel will require tevillah: According to Tosefos, if a Jew buys a vessel from a gentile and neglects to immerse it, if he then lends it to another Jew, the second Jew must immerse the vessel even though he does not own it. This is because the vessel itself required tevillah as soon as the first Jew purchased it; lending out the vessel does not absolve the vessel from the obligation of tevillah.

According to the Hagaos Ashri, if one purchased from a gentile a knife, for the use of cutting parchment (a use which does not require tevillah) and then lent it out, the one who borrows the knife need not immerse it, even if he wishes to use it for eating. Since the owner is not obligated to immerse the vessel, the person who borrows the vessel is similarly absolved, as a borrowed vessel does not require tevillah.

The Shulchan Aruch cites the above opinion of the Hagaos Ashri (See Y.D. 120:8 -- "some poskim"). This opinion, however, is difficult to understand: If the first Jew were to use the knife for eating it would surely require tevillah. Why then should the person who borrows the vessel be in a better position than the owner?

The Pri Chadash explains that a vessel's status is based on the majority of its use. Thus a knife that has been designated for cutting parchment will not require immersion if it is used occasionally for food. The opinion of the Hagaos Ashri becomes clear: Once the person who borrowed the vessel decides to use it for eating, the vessel assumes the status of kli seudah -- a food vessel -- and so requires tevillah.

The Rama, however, contends that even a knife set aside for cutting parchment will require tevillah if used just once for food.

The Shach and Taz cite the opinion of the Issur VeHeter, who goes a stage further. According to the Issur VeHeter, a knife set aside solely for cutting parchment must be immersed, even by the person who borrows it, if he wishes to use it for food. Since the owner would be obligated to immerse the knife were he to want to use it for food, the second person is not absolved from the obligation of immersing the knife. The Shach and Taz both conclude that a knife set aside for cutting parchment should be immersed without a brachah.

1. Scissors used occasionally for cutting food, would not require tevillah according to the Pri Chadash, but would require tevillah according to the Rema before they can be used for food. Accordingly, one should immerse such scissors without a brachah.

2. Another common example of the above discussion is a pocketknife, which may well be used to cut food on occasion.

3. If a person borrows from his neighbor a vessel that has not been immersed, he should immerse it without a brachah before using for food. This applies even if it only to be used for food on rare occasions.

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