When a person wakes up in the morning, his hands are considered impure, due to the harmful spiritual forces that descend upon them during the night, and he must wash Netilat Yadayim – three times on each hand, in alternating fashion – to remove them. If somebody touches food or a beverage before washing Netilat Yadayim in the morning, does the impurity transfer to the food and beverage, such that it should not be consumed?
Hacham Ovadia Yosef ruled that one should preferably ensure not to touch any food or beverages before washing Netilat Yadayim in the morning. If a food product was touched by somebody who had not washed Netilat Yadayim, then if it can be rinsed with water – such as in the case of an apple – then it should be passed under running water three times, and there is then no concern. If, however, this food cannot be washed – such as a piece of cake, or bread, or a beverage – then the product may nevertheless be eaten.
Hacham Ovadia explains that there is room for leniency in this case because the food's status is subject to a debate among the Poskim. Maran (Rav Yosef Karo, author of the Shulhan Aruch), in Bet Yosef, understood that only beer becomes contaminated by being touched by someone who had not performed Netilat Yadayim, but all other foods do not. Accordingly, he writes in the Shulhan Aruch (Orah Haim 4:5) that one must ensure not to touch a keg of beer before washing Netilat Yadayim in the morning – clearly indicating that this does not apply to any other food or beverage. This is the position taken by several later Poskim, including the Hayeh Adam (Rav Avraham Danzig of Vilna, 1748-1820), Rav Yaakov Emden (Germany, 1697-1776), the Aruch Ha'shulhan Aruch (Rav Yechiel Michel Epstein, 1829-1908) and the Mishna Berura. Moreover, we must take into account the general position taken by the Rambam that harmful spiritual forces do not exist in modern times, in which case there is no concern whatsoever.
By contrast, the Hida (Rav Haim Yosef David Azulai, 1724-1806) and the Gaon of Vilna (1720-1797) ruled stringently, that no food or beverage may be consumed if it was touched by somebody who had not yet washed Netilat Yadayim.
In light of the different opinions, Hacham Ovadia concluded that there is room to allow eating foods or beverages which were touched by somebody before Netilat Yadayim, and cannot be washed, though those who act stringently in this regard are worthy of blessing. He added that there is even greater room for leniency if it was a child who touched the food before washing his hands, since some Poskim maintained that impurity descends upon the hands of only those who had already reached the age of Misva obligation, but not young children.
Does this apply to food sold in stores – such as bakeries – or prepared in restaurants, by employees who likely did not wash Netilat Yadayim in the morning? Should a person preferably refrain from shopping in stores or eating in restaurants if there is reason to believe that the food was touched by Jewish employees – or, for that matter, by other customers – who are not halachically observant?
Hacham Ovadia maintained that one needs not be stringent in this regard. In addition to the lenient position mentioned earlier, there are additional factors to consider when it comes to shops and eateries. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Od Yosef Hai, brings the teaching of the Arizal that although water must be poured three times over the hands to eliminate the impurity, the impurity fades with each washing. Therefore, even if the employees did not properly wash Netilat Yadayim, they certainly washed their hands, which weakened the impure forces on their hands. It is thus quite likely that the impurity can then no longer be transferred onto food and cause harm to those who eat it. Additionally, it is possible that these workers do, in fact, wash Netilat Yadayim. We must also take into account the fact that in most establishments nowadays, the employees involved in food preparation and serving are required to wear gloves. In light of all these considerations, there is no reason to avoid buying food in shops and restaurants with Jewish employees who likely do not wash Netilat Yadayim in the morning.
This entire discussion applies only to food that was touched by a Jew who had not washed Netilat Yadayim. The hands of a non-Jew do not become impure overnight, and thus there is no concern whatsoever when a gentile touches food or beverages. A number of Poskim noted that just as the remains of a non-Jew do not emit Tum'a as do the remains of a Jew, similarly, the hands of a gentile do not become impure overnight.
Summary: One should avoid touching food and beverages in the morning before washing Netilat Yadayim. If a food was touched by a Jew who had not washed Netilat Yadayim, then it should be rinsed if possible. If this is not possible, then there is room to allow consuming the food or beverage, especially if it was touched by a child, though those who wish may be stringent and refrain from consuming the product. It is entirely permissible to buy food in a store, or eat in a restaurant, even though the food may have been handled by Jewish employees who likely did not wash Netilat Yadayim in the morning.