A recent online discussion focused on a decision by a local hashgacha to ask certain dairy restaurants to discontinue serving hot soup. These establishments have been kosher for many years, but are not owned by Jews and do not have Jewish staff working on site.
The decision raised questions within the community, particularly because the soup was not a new concept and had previously been offered under supervision.
Possible Halachic Framework Behind the Decision
Rabbi Dov Chastain, Director of Private Labels and Rabbinic Coordinator at the Kof-K, explained that the halachos of bishul akum and bishul Yisroel are important to consider when it comes to cooked foods—such as soups—served in restaurants, and were likely a factor in the decision.
Bishul akum refers to foods that are cooked entirely by a non-Jew and are therefore restricted under halacha. This restriction applies to “important” foods (oleh al shulchan melachim) that aren’t eaten raw, like rice, potatoes, or pasta. Such foods require bishul Yisroel, meaning that a Jew must be directly involved in the cooking process, most commonly by lighting or activating the heat source used to cook the food.
Soups often fall into this category because they are considered a cooked item that may include ingredients that require bishul Yisroel. As a result, their preparation and maintenance involve stricter supervision requirements than baked goods or cold items.
Continuous Heat and Supervision Concerns
In these cases, the soup was being kept hot throughout the day in a continuously heated hot well or similar system. While a Jew may have initially turned on the equipment, this setup presents challenges from a supervisory standpoint. Heat sources can cycle on and off, reset automatically, or be adjusted during the day, creating uncertainty about whether the cooking process consistently meets bishul Yisroel standards.
Without a mashgiach temidi, a full-time supervising mashgiach present to oversee the cooking process, the hashgacha was likely not comfortable relying on the assumption that the heat source always remained under Jewish activation. The concern was not about the kosher status of the ingredients, but about maintaining clear and verifiable compliance with bishul Yisroel requirements at all times.
Why the Policy Was Applied Broadly
This halachic concern explains why the policy applied both to long-established kosher establishments and to newer kosher cafés seeking to offer soup. In non-Jewish–owned establishments without Jewish staff, the level of supervision required to permit hot soup service is significantly higher than what is typically in place for similar operations.
Different hashgachos may apply bishul Yisroel standards with varying degrees of stringency. In this instance, the decision reflects a cautious approach aimed at ensuring consistent adherence to halachic requirements, rather than a change in the overall kosher status of the restaurants involved.
As with all halachic questions, it is best to discuss with your personal rabbi.