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Nullification: Difference between revisions
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The Torah introduces a halachic mechanism in which the minority is nullified in the majority called Bitul. <ref> This principle is based on the pasuk "אחרי רבים להטת" (Shemot 23:2) meaning that one should follow the majority. </ref> | The Torah introduces a halachic mechanism in which the minority is nullified in the majority called Bitul. <ref> This principle is based on the pasuk "אחרי רבים להטת" (Shemot 23:2) meaning that one should follow the majority. </ref> | ||
==Bitul BeRov== | ==Bitul BeRov== | ||
# If non-Kosher solid food is mixed up in a simple majority (51%) of Kosher food, and the non-Kosher food is similar in taste to the non-Kosher piece, is unrecognizable in the mixture, and the mixture is not hot or cooked together, then mixture as a whole is permissible. <Ref> | # If non-Kosher solid food is mixed up in a simple majority (51%) of Kosher food, and the non-Kosher food is similar in taste to the non-Kosher piece, is unrecognizable in the mixture, and the mixture is not hot or cooked together, then mixture as a whole is permissible.<ref>The Gemara Chullin 98b assumes that it is possible to nullify a forbidden item in a mixture of permitted ones. Rashi s.v. de’mdeoritta explains that this is based on the pasuk Shemot 23:2 which says that we follow majority. Shach YD 109:6 agrees. See Gemara Chullin 11a which employs that pasuk for the rule of following majority for items that leave a mixture. See also the Shaarei Yosher 3:4 regarding the difference between these concepts. The concept of nullification with a majority is codified by the Tur and Shulchan Aruch YD 109:1. | ||
* Rambam (Maachalot Asurot 15:4) and Raavad (cited by Ran Chullin 36a s.v. garsinan) hold that even for a dry mixture nullification doesn’t happen with a majority but rather only if there is sixty times the amount of the forbidden item is the mixture permitted. However, the Tosfot (Zevachim 72a), Sefer HaTrumah (Siman 50 s.v. hilkach), Smag (Lavin 140-1), and Rashba (Torat HaBayit 17a) hold that it is permitted even on a rabbinic level with a simple majority. This dispute is discussed in the Bet Yosef YD 109:1. Tur and Shulchan Aruch YD 109:1 hold like the Tosfot. | |||
* The Pitchei Yeshuva YD 109:1 cites a dispute between the Pri Chadash and Minchat Yakov whether one needs a simple majority of 51% or one needs a ratio of 1:2, or 66.7% of permitted food in the mixture in order to have nullification. He advises being stringent. </ref> Nonetheless, one person may only eat the pieces one at a time.<ref>The Rosh (Chullin 7:37) writes that bitul makes the asur item turn into heter and one person can eat all 3 pieces of the mixture at once. However, the Rashba in Torat HaBayit (BeDini HaTaarovot p. 17) argues that you can’t eat them at once. When you eat each piece there’s another logic to allow that piece since it could be that the forbidden item was left in the rest of the mixture. Even upon eating the last piece it could be argued that that piece is permitted and the forbidden piece was already eaten. Shulchan Aruch YD 109:1 agrees with the Rashba. The Pri Megadim M”Z 109:1 writes that the Rashba agrees with the Rosh on a biblical level. | |||
* Interestingly, Shach 109:7 adds that it is permitted to eat two pieces at once and then the last one or vice versa as long as one doesn't eat all three at once. Additionally, the Shach 109:12 writes that it is equally permitted to cook them in two pots.</ref> Some say that one person shouldn’t eat all of them but rather two or more people should split it up.<ref>Tosfot Rid (b”b 31b s.v. shtei) in fact says it can’t be eaten by one person and doing so would be biblically forbidden. Smag (lavin 141 s.v. shaninu) and Tosfot Chullin 100a s.v. biryah says that two people should eat it.</ref> A stringency would be to take one of the pieces and throw it out or throw it to the dogs.<ref>Rashi Avoda Zara (74a s.v. tarti) holds that in order to allow the mixture one of the pieces needs to be thrown out or thrown to the dogs. However, the Rosh (Avoda Zara 5:30) argues that the only reason that the Mishna Orlah 2:1 one would remove the amount of trumah added to a mixture which nullified the trumah is in order not to steal from the kohanim. Hagahot Sharei Dura (39:6) agrees. The Rama YD 109:1 writes that there is a stringency to be concerned for Rashi and throw out one of the pieces.</ref> | |||
# If the pieces have different tastes<ref>Shach YD 109:7 and Pri Chadash 98 s.v. veleinyan assume that differences in taste is critical to consider two foods to be two types unlike the Bach who considers foods to be different if they have a different identification or classification.</ref> in order to have nullification there needs to be sixty times the amount of forbidden food added to the mixture.<ref>The Tur YD 109:1 postulates that there’s no difference whether the pieces in the mixture are of the same types of different types. However, he also cites the Sefer HaTrumah who says that if there’s different types there is a need of sixty times the forbidden amount in order to have nullification. The Bet Yosef YD 109:1 cites the Ran (Chullin 36b, end of Perek Gid HaNasheh) who says that it is forbidden unless there is sixty times the amount of forbidden food in the mixture. His reasoning is that since if the mixture were to be cooked together the need for having sixty for nullification would be biblical, there is a rabbinic need for sixty for nullification even though it is a dry mixture. The Hagahot Shaarei Dura 39 holds that this is biblically forbidden, while the Iser Veheter 26:11 holds it is only rabbinically forbidden. The Shach 109:10 cites the Maharshal, Torat Chatat 39:4, Ran (Chullin 36b), and Rashba (Chullin 97b s.v. ubekedeirah) who side with the Iser Veheter. Shulchan Aruch YD 109:1 (according to the Shach 109:2) and Rama ad loc. hold like the Sefer HaTrumah and require sixty for nullification of a dry mixture when there’s two different types in the mixture.</ref> This applies equally if it is rabbinic prohibition mixed into the mixture of different types.<ref>The Shach 109:9 concludes based on the Ran that if there’s a dry mixture of different types with only a rabbinic prohibition mixed in it is nullified with a majority. The Rama 109:1 seems to equate the cases whether it was a rabbinically prohibited or biblically prohibited item that it should require sixty times for nullification of different types. The Gra 109:8 agrees. </ref> | |||
# If the dry mixture which had nullification was later cooked together it becomes forbidden.<Ref> The Rashba (Torat HaBayit 17a, responsa 1:272) holds that once the mixture is cooked together it is forbidden even though it is a mixture of one type since once it is cooked together the entire mixture shares the taste of the forbidden food. This is also the opinion of the Ran (Chullin 36a s.v. garsinan). The Rosh (Chullin 7:37) and Smak (Siman 214) argue that it is permitted even if it was cooked together. Shulchan Aruch YD 109:2 rules like the Rashba, while the Rama adds that in a case of a major loss one may rely on the Rosh.</ref> | |||
# When a mixture is permissible because of nullification one person may eat the entire mixture at different intervals and not all at once. It is preferable for one Jew not to eat the entire mixture but rather leave one piece and let another person eat it. It is even more meritorious to be strict to discard one piece or to give it to a non-Jew. <Ref>S”A YD 109:1, The Laws of Kashrus (Rabbi Binyamin Forst; pg 54-6) </ref> | # When a mixture is permissible because of nullification one person may eat the entire mixture at different intervals and not all at once. It is preferable for one Jew not to eat the entire mixture but rather leave one piece and let another person eat it. It is even more meritorious to be strict to discard one piece or to give it to a non-Jew. <Ref>S”A YD 109:1, The Laws of Kashrus (Rabbi Binyamin Forst; pg 54-6) </ref> | ||
# Certain prohibited foods require a higher ratio for nullification. For example, Trumah, [[Challah]], and Bikkurim require a 1 (forbidden) to 100 (permitted) ratio and Orlah and Kelayim require a 1 to 200 ratio. <Ref>Rambam Machalot Assurot 15:13-4 </ref> | # Certain prohibited foods require a higher ratio for nullification. For example, Trumah, [[Challah]], and Bikkurim require a 1 (forbidden) to 100 (permitted) ratio and Orlah and Kelayim require a 1 to 200 ratio. <Ref>Rambam Machalot Assurot 15:13-4 </ref> | ||
