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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 15:38, 15 December 2015
, 15 December 2015→Complete Natural Items (Biryah)
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# 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). Therefore, Shulchan Aruch YD 100:1 writes that a kernel of wheat isn't a biryah.</ref> | ## 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 | ||
* The Kaf HaChaim 100:19 qualifies that if a little bit of it is lost int he cooking process as is normal it retains the status of biryah.</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> | # 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> | ||
# If a biryah fell into a mixture and was removed, the taste it imparted to the mixture can be nullified in 60. If the biryah is unrecognizable and can't be removed, the entire mixture is forbidden.<ref>Mishna Chullin 96b, Shulchan Aruch YD 100:2</ref> | |||
===Bugs=== | |||
# If a bug or another biryah fell into a soup and was lost, the entire soup is forbidden.<ref>Rashba (responsa 1:101), Shulchan Aruch YD 100:3</ref> | |||
# If a bug fell into a soup and were crushed up, as long as there was a majority of the soup in comparison to the bugs, the soup is permitted. Yet, as long as it is possible check the soup and strain it one must.<ref>Rashba (Torat Habayit 16b), Shulchan Aruch YD 104:3</ref> | |||
# If 3<ref>The Bach 100:3 writes that we should be strict to forbid the vegetables even if 2 bugs are found, however, the Taz 100:6 defends the Rashba who says it is only forbidden if 3 bugs are found. The Aruch HaShulchan 100:12 and Kaf HaChaim 100:34 agree with the Taz. </ref> bugs are found in cooked vegetables they are forbidden because there is a established concern of bugs in these vegetables and once they are cooked they can't be checked well. <ref>Rashba (responsa 1:113), Shulchan Aruch YD 100:4. | |||
* The Rashba (responsa 1:113) draws upon sources from the gemara to say that clearly there is an obligation to check vegetables for bugs. | |||
* For more sources about checking for bugs, see Aruch Hashulchan 103:11 and Igrot Moshe YD 4:2.</ref> | |||
===Examples=== | ===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 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: | # A limb of a kosher animal that was detached when it was alive is considered a biryah and isn't nullified. <ref>Rosh (Chullin 7:33), Isur Veheter 25:2, Shulchan Aruch YD 100:1</ref> | ||
# The forbidden fats of an animal aren't considered a biryah and can be nullified. <ref>The Shach 100:5 explains that since cut up fat is also called fat it isn't considered a biryah based on the fourth condition of biryah above. The Ran (Chullin 36a s.v. garsinan) explains that the forbidden fats aren't considered a biryah since they are dispersed and not one unit. Kaf Hachaim 100:16 quotes both explanations.</ref> | |||
==Important Foods used to Honor Guests== | ==Important Foods used to Honor Guests== | ||
