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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 23:33, 28 November 2016
, 28 November 2016→Items which will become Permitted
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# An item which will become permitted isn't nullified even if it isn't whole.<ref>Shulchan Aruch YD 102:1</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> | # 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> | ||
# An egg born on Yom Tov is something which will become permitted after time. Nonetheless, it is permitted to buy (without specifying the price) an egg on the first night of Yom Tov (which doesn't fall out after a Shabbat) since majority of eggs are born by day.<ref>Rosh Beitzah 1:9 writes that since majority of eggs are from a hen and chicken and could only be born by day one can buy an egg on the night of Yom Tov or the second day of Yom Tov sheni. This is similar to Tosfot Beitzah 7b s.v ki and Ran (on Rif Beitzah 4a s.v. vedavka). The Maharshal (Yam Shel Shlomo Beitzah 1:20) explains that really you need two independent majorities to be lenient; first that rov eggs are from a hen and chicken and could only be born by day and second, that rov eggs that were from the heat of the ground are still born by day. He draws support from the Tur 513 and disagrees with the Ran's explanation that even a single majority is sufficient. Bet Yosef 513:6 writes the the Ran's generalization that one majority is enough to permit a derabbanan even if it is a dvar sheyesh lo matirin is disputed by many rishonim.</ref> | |||
# If there's a doubt if something is muktzeh on Yom Tov sheni it is permitted. <ref>The Ran (Beitzah 13a s.v. gemara ein halacha) writes that it is permitted to use something that there's a doubt if it is muktzeh on Yom Tov sheni since it is a safek safeka. Shulchan Aruch 497:4 codifies the Ran. Shach YD 110:56 discusses if the Rama who agree and he concludes that he would. </ref> | |||
===Examples=== | ===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> | # 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> | ||
