You Are Here: Home » Responsa Resource » Kashrut » French Fries in Oil Used to Fry Meat

French Fries in Oil Used to Fry Meat

French Fries in Oil Used to Fry Meat

Question:
Must one wait the requisite time between meat and milk if he ate something parve like french fries that was fried in oil previously used to fry chicken or meat

Answer:

A pareve dish cooked in oil that previously was used to fry meat is considered a “tavshil shel basar” a “meaty dish” [as opposed to meat itself or a dish with actual meat in it]. According to the strict halacha this would not require one to wait 6 hours, however the Shulchan Aruch already brings that it is customary to wait the requisite time for this as well.

Sources:

Shulchan Aruch Y:D 89:3

Comments (4)

  • YBS

    Although this is certainly accurate according to the Shittah of Rabbeinu Peretz in his Hagahos on the Smak (regarding eggs), as cited by the Beis Yosef, and masbir by the Dagul Mervavah (beg. Y”D 89; although a case can be made that that was not his actual intent), nonetheless, I am uncertain why this would not be classified as the more Chamur ‘Shuman shel bassar” as per the shitta of the Rema and later poskim (ad loc. including most later Sefardic poskim; who argue on the Shulchan Aruch’s lenient opinion) that 6 hours is indeed mandated? Assuming there was no 60 against all the schnitzel being fried, the oil in the fryer is filled with fleishig grease that is being cooked into the French fries afterwards.
    A hesber would be much appreciated.
    Keep up the good work!
    Kol Tuv,
    YBS

    Reply
    • Rabbi Akiva Dershowitz

      Tavshil shel Basar refers to a dish which was cooked with meat and yet only the dish, not the meat was eaten [Aruch Hashulchan 89:12]. In this dish as well there are certainly blios of taam basar, that is what makes it tavvshil shel basar, Certainly this din does not refer to when there was shishim against the meat, this would not be tavshil shel basar , just as it would not be tavshil shel neveila if neveila was batul in it with shishim.
      So once the shnitzel is removed all that remains is taam basar and maybe some grease – just as every tavshil shel basar. This would be no worse [ and probably better than marak shel basar – Taz s”k 5, as it remains a clear liquid]
      The din of Shuman shel basar refers to eating te shuman בעין as an actual dish where it is not batul at all – not even berov.

      Reply
  • YBS

    Thank you for responding.
    Indeed, that is the definition of Tavshil Shel Bassar, yet I remain unconvinced of your application of the rule. Tavshil shel Bassar would be referring to something like Yapchick, or perhaps the Rice in an Airplane Food Meal, that there is no actual mammashos of Bassar, oil, grease, shmutz, etc., but there still is some infused taam into the pareve aspects as they were baked together.
    Yet, these restaurants are cooking schnitzel after schnitzel in the same oil in the same fryer the entire day. Many of these places only replace the oil once a week and some once a month. As such, there certainly would not be shishim min hastam in those French fries deep fried in the exact same oil. But there would be plenty of infused shuman b’eyn in these fries now, as they are fried in what is now essentially Fleishig Oil, as it is filled with actual Fleishig Mammashois
    You are certainly correct, that according to the Taz’s shittah it should still be considered a tavshil, but he is a daas yachid on that case of marak tzalil and K’maat every other Posek argues on his assessment, including later Sefardic Poskim, including the Chida, Zivchei Tzedek, and Ben Ish Chai who rule with the Rema in this case and not the Shulchan Aruch.
    As such, yes according to several minority opinions this case can be considered tavshil shel bassar, and Me’ikar hadin not be mechuyav in waiting 6 hours. However, it seems to me that according to rov minyan u’binyan of the Acharonim, this case would lechorah be mugdar as Shuman Shel Bassar and 6 hours mandated, at least for Ashkenazim.
    B’virchas Kol Tuv,
    YBS

    Reply
    • Rabbi Akiva Dershowitz

      who is rov minyan ubinyan against taz?
      how could the poskim say food cooked with meat is only tavshil – and not point out a glaring exception which would change the din in just about every case [aside from airplane food etc] – סתימת כל הפוסקים בזה הוא כמאה עדים שקא פסיק ותני תבשיל של בשר ותו לא
      do you have any source for what you are saying- if not we should accept the pashtus halacha – that no one requires shishim or lack of any grease etc..

      Reply

Leave a Comment

Scroll to top