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Items That Cannot Be Nullified: Difference between revisions
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Items That Cannot Be Nullified (view source)
Revision as of 15:01, 15 December 2015
, 15 December 2015→Complete Natural Items (Biryah)
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* Rash (Mishna Trumot 10:8) writes that a complete living item is nullified with an amount 960 times greater than its volume of permitted ingredients. The Rashba (Torat HaBayit 14b) agrees. However, the Rosh (Chullin 7:37) and Ran (Chullin 32b) disagree and say that the mishna Chullin 96b compares the piece that is used to honor guest and a complete item from a living being and a piece that is used to honor guest isn’t nullified even one in a thousand. Shulchan Aruch YD 100:1 and Gra 100:5 rule that a complete item from a living being isn’t nullified even one in a thousand.</ref>, whether or not it is mixed with like or unlike ingredients.<ref>Torat Chatat 40:6 and Taz 101:12 in response to the Isur Veheter HaAruch 25:17</ref> For example, an ant, non-kosher bird, sciatic nerve, and a limb that was detached from a kosher animal are considered whole items and not nullified. <ref>Shulchan Aruch YD 100:1</ref> | * Rash (Mishna Trumot 10:8) writes that a complete living item is nullified with an amount 960 times greater than its volume of permitted ingredients. The Rashba (Torat HaBayit 14b) agrees. However, the Rosh (Chullin 7:37) and Ran (Chullin 32b) disagree and say that the mishna Chullin 96b compares the piece that is used to honor guest and a complete item from a living being and a piece that is used to honor guest isn’t nullified even one in a thousand. Shulchan Aruch YD 100:1 and Gra 100:5 rule that a complete item from a living being isn’t nullified even one in a thousand.</ref>, whether or not it is mixed with like or unlike ingredients.<ref>Torat Chatat 40:6 and Taz 101:12 in response to the Isur Veheter HaAruch 25:17</ref> For example, an ant, non-kosher bird, sciatic nerve, and a limb that was detached from a kosher animal are considered whole items and not nullified. <ref>Shulchan Aruch YD 100:1</ref> | ||
# A item from a living being is only considered significant and not nullified if it meets 4 conditions: | # A item from a living being is only considered significant and not nullified if it meets 4 conditions: | ||
## It comes from a living being.<ref>Gemara Macot 17a sites the opinion of the Rabbis who disagree with Rabbi Shimon that only a complete item from a living being is significant. The Ritva (Chullin 100a) and Taz 100:1 point out that the significance of a living being found in the area of Malkot, as is the subject of the discussion between Rabbi Shimon and the Rabbis, is applied on a rabbinic level to nullification. The idea that only a living item is significant for the halacha of biryah is mentioned by the Ran (chullin 36a s.v. garsinan) | ## It comes from a living being.<ref>Gemara Macot 17a sites the opinion of the Rabbis who disagree with Rabbi Shimon that only a complete item from a living being is significant. The Ritva (Chullin 100a) and Taz 100:1 point out that the significance of a living being found in the area of Malkot, as is the subject of the discussion between Rabbi Shimon and the Rabbis, is applied on a rabbinic level to nullification. The idea that only a living item is significant for the halacha of biryah is mentioned by the Ran (chullin 36a s.v. garsinan). Therefore, Shulchan Aruch YD 100:1 writes that a kernel of wheat isn't a biryah.</ref> | ||
## It is whole and not cut up.<ref>Ran (chullin 36a s.v. garsinan), Shulchan Aruch 100:1</ref> | ## It is whole and not cut up.<ref>Ran (chullin 36a s.v. garsinan), Shulchan Aruch 100:1</ref> | ||
## It is forbidden from its creation.<ref>Ran (chullin 36a s.v. garsinan), Shulchan Aruch 100:1</ref> | ## It is forbidden from its creation.<ref>Ran (chullin 36a s.v. garsinan), Shulchan Aruch 100:1</ref> | ||
## If it were to be split up it would lose its unique name.<ref>Rosh (Chullin 7:33), Shulchan Aruch 100:1. All four of the above conditions are summarized by the Pri Megadim (S”D 100:3).</ref> | ## If it were to be split up it would lose its unique name.<ref>Rosh (Chullin 7:33), Shulchan Aruch 100:1. All four of the above conditions are summarized by the Pri Megadim (S”D 100:3).</ref> | ||
# If there is a halachic doubt if an item is a biryah, it can be nullified, however, if there is a doubt if an item is forbidden but certainly is considered a biryah the item isn't nullified.<ref>Isur Veheter HaAruch 25:7, Taz 100:1</ref> | |||
===Examples=== | |||
# An egg with a blood spot potentially is considered a biryah. <ref>The Bet Yosef 110:1 is unsure in understanding the Rambam where just an egg that has an unborn chick is considered a biryah or even an egg with a blood spot is considered a biryah. In the Bedek Habayit he concludes leniently that the egg with a blood spot isn't considered a biryah. The Shach 101:2 argues that it certainly isn't a biryah since it was never a living being. This seems to be the opinion of the Rashba [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=209 (Torat Habayit Hakatzar 8a)]. See further in the Bet Yosef 86 and Rambam (Maachalot Asurot 15:19) who implies it is a biryah.</ref> | # An egg with a blood spot potentially is considered a biryah. <ref>The Bet Yosef 110:1 is unsure in understanding the Rambam where just an egg that has an unborn chick is considered a biryah or even an egg with a blood spot is considered a biryah. In the Bedek Habayit he concludes leniently that the egg with a blood spot isn't considered a biryah. The Shach 101:2 argues that it certainly isn't a biryah since it was never a living being. This seems to be the opinion of the Rashba [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=209 (Torat Habayit Hakatzar 8a)]. See further in the Bet Yosef 86 and Rambam (Maachalot Asurot 15:19) who implies it is a biryah.</ref> | ||
# | # A limb of a non-kosher animal or insect<ref>Pri Chadash 100:7, Chavot Daat 100:2, Kaf HaChaim 100:6</ref>, an animal that died without proper shechita, and an animal who had a Teriefah defect are considered biryah.<ref>Shulchan Aruch YD 100:1, Shach 100:4, Kaf HaChaim 100:12</ref> | ||
# A limb of a kosher animal that was detached when it was alive is considered a biryah and isn't nullified. <ref>Isur Veheter 25:2, Shulchan Aruch YD 100:2</ref> | |||
==Important Foods used to Honor Guests== | ==Important Foods used to Honor Guests== | ||
