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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 17:07, 15 December 2015
, 15 December 2015→Items which will become Permitted
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==Items which will become Permitted== | ==Items which will become Permitted== | ||
# An item which is either inevitably going to become permitted after some time or it is possible to for you fix it, isn't nullified.<ref>Rashba [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=218 (Torat Habayit 12b)], Tur and Shulchan Aruch 102:2. Shach 102:7 writes that everyone agrees to this definition and proves it from the Gemara Beitzah 3b. Shach 102:8 cites the Maharshal who argues that someone which can be fixed but won't become permitted on its own isn't considered an item which will become permitted. The Shach proceeds to reject on the Maharshal because of the case of [[neder]].</ref> | # An item which is either inevitably going to become permitted after some time or it is possible to for you fix it, isn't nullified.<ref>Rashba [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=218 (Torat Habayit 12b)], Tur and Shulchan Aruch 102:2. Shach 102:7 writes that everyone agrees to this definition and proves it from the Gemara Beitzah 3b. Shach 102:8 cites the Maharshal who argues that someone which can be fixed but won't become permitted on its own isn't considered an item which will become permitted. The Shach proceeds to reject on the Maharshal because of the case of [[neder]].</ref> | ||
# Something that is forbidden to a person because of a vow is considered an item that will become permitted since one could or should nullify one's vow by annulment.<ref>Gemara Nedarim 59a, Isur Veheter HaAruch 25:4, Shulchan Aruch YD 216:9, Rama 102:4</ref> | # If a food will get completely<ref>Kaf HaChaim 101:19</ref> ruined before you can wait for it to become permitted, it isn't considered an item which will become permitted and can be nullified.<Ref>Gemara Beitzah 4b, Rashba (Beitzah 4a s.v. Ha Deamrinan), Shulchan Aruch 102:4</ref> However, if it'll just cool down, it can't be nullified.<Ref>Kaf HaChaim 102:21</ref> | ||
# An item which will become permitted isn't nullified even if it isn't whole.<ref>Shulchan Aruch YD 102:1</ref> | |||
# There is a major dispute if the absorbed taste from an item which will become permitted can be nullified. <ref>The Rama 102:4 holds that the taste of an item that will become permitted can be nullified, even if the actual forbidden item was dissolved into the permitted food. The Rama is based on the Isur Veheter 25:17 and 25:19, yet see Shach 102:9 who disputes this interpretation of the Isur Veheter. Hagahot Ashri (Avoda Zara 5:29) is explicitly of this opinion. The Taz 102:9 argues that only taste from a forbidden item that will become permitted can be nullified, but not if the actual item dissolved into the permitted food. The Shach 102:9 holds that all taste from an item that will become permitted cannot be nullified. Kaf HaChaim 102:24 cites the Chaye Adam 53:21 who is strict unless there is a great need. Regarding the actual item being dissolved, the Shach 102:10 argues that it certainly can't be nullified and Kaf Hachaim 102:25 writes that all of the achronim agree with the Shach.</ref> | |||
===Examples=== | |||
# Something that is forbidden to a person because of a vow is considered an item that will become permitted since one could or should nullify one's vow by annulment.<ref>Gemara Nedarim 59a, Isur Veheter HaAruch 25:4, Shulchan Aruch YD 216:9, Rama 102:4. The Kaf HaChaim 101:29 discusses whether this is true only for a neder where there is a mitzvah to annul it or even for a specific vow and concludes that for a great need one can be lenient on a shevuah.</ref> | |||
# An egg born on Shabbat or Yom Tov is considered an item that will become permitted since it is permitted after Shabbat or Yom Tov.<ref>Gemara Beitzah 3b, Isur VeHeter HaAruch 25:4, Tur and Shulchan Aruch YD 102:1</ref> The same is true of all [[muktzeh]].<ref>Isur VeHeter HaAruch 25:4</ref> | # An egg born on Shabbat or Yom Tov is considered an item that will become permitted since it is permitted after Shabbat or Yom Tov.<ref>Gemara Beitzah 3b, Isur VeHeter HaAruch 25:4, Tur and Shulchan Aruch YD 102:1</ref> The same is true of all [[muktzeh]].<ref>Isur VeHeter HaAruch 25:4</ref> | ||
# | # Some say that Chametz on Erev Pesach which is going to be permitted after Pesach, but will become forbidden next Pesach, isn't considered an item that will become permitted. Some argue and Sephardim are strict.<ref>Kaf Hachaim 102:32 cites the Erech Hashulchan who is strict because of the opinion of the Rambam. </ref>Chametz on Pesach isn't nullified. <ref>Shulchan Aruch OC 447</ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
