Section: Halacha   Category: Tshuvos
Rav Moshe Shternbuch: Do You Need To Tovel New Utensils Sold By A Jewish Non Religious Company?

The Halacha is that any food utensil you purchase from a Goy you must "Tovel" in a Mikva before you use it. What about a utensil purchased from a Jew who is Mechalel Shabbos B'Farhesia? Rav Moshe Shternbuch (2:403) says that the Hungarian Poskim required tevila. The Chassam Sofer says that it is not necessary to tovel them since someone who becomes a Ger requires tevila but someone who becomes a Baal Tshuva does not. The Chasam Sofer reasons that the utensils of a Mechalel Shabbos should not be worse off than his body and therefore does not need tevila either.

Rav Moshe Shternbuch says that a distinction can be made that when someone becomes a Baal Tshuva we don't want to remind him of his aveiros and therefore do not embarrass him by requiring him to go to a mikva whereas a Mechalel Shabbos who sells utensils we want to remind him that halacha requires us to act with him with all the stringencies as if he were a goy and therefore we should require tevila for utensils sold by him.

Nevertheless says Rav Shternbuch that we need not be machmir for other people since it is only MiDrabanan and most Jews have status of Tinok Shenishba and not Mechalalei Shabbos B'Farhesia. If one wants to machmir for himself he should only be Machmir by metal utensils.