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Nullification: Difference between revisions
From Halachipedia
→Unsure if there is 60
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# If solid foods which were cold and of similar taste are subsequently cooked together the nullification required is Bitul BeShishim.<Ref> Shulchan Aruch YD 109:2 based on the [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=227 Rashba (Torat HaBayit 17a)]</ref> According to Ashkenazim in cases of loss it’s permissible to use the nullification of Bitul BeRov if one knew at first that there was a mixture of non-Kosher and Kosher prior to the mixture being cooked. <Ref>Rama 109:2 based on the Rosh, however, Kaf HaChaim 109:40 writes that Sephardim don’t hold of this leniency. </ref> | # If solid foods which were cold and of similar taste are subsequently cooked together the nullification required is Bitul BeShishim.<Ref> Shulchan Aruch YD 109:2 based on the [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=227 Rashba (Torat HaBayit 17a)]</ref> According to Ashkenazim in cases of loss it’s permissible to use the nullification of Bitul BeRov if one knew at first that there was a mixture of non-Kosher and Kosher prior to the mixture being cooked. <Ref>Rama 109:2 based on the Rosh, however, Kaf HaChaim 109:40 writes that Sephardim don’t hold of this leniency. </ref> | ||
==Unsure if there is 60== | ==Unsure if there is 60== | ||
# If the food is before us | # If the food is before us, one must measure it to figure out whether the forbidden item was nullified.<ref>Orchot Chaim (Machalot Asurot n. 14 s.v. hareviyi) quoting the Rabbenu Peretz, Bet Yosef 98:2, Shulchan Aruch 98:3</ref> | ||
# If some of the mixture under question was lost or spilled and it is no longer possible to measure whether there was 60 times the prohibited ingredient or not but certainly the majority is permitted, if the mixture is one of similar types it is permitted, however, if it is of dissimilar types it is forbidden. <ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=216 Rashba (Torat HaBayit 11b)], Tur and Shulchan Aruch YD 98:2. The logic of the Rashba is that he follows Rabbenu Tam (Tosfot Chullin 98b s.v. rava) who says that in a liquid mixture of different types the need for nullification is biblical and since there is a doubt about a biblical prohibition one should be strict. The general principle is that when dealing with doubts about a biblical prohibition one should be strict. However, he states a mixture of like types biblically is nullified with majority and only rabbinically needs nullification of 60 and so if one is in doubt one can be lenient. This is also the opinion of the Rosh (as cited by the Tur 98:3). It is noteworthy to mention that the opinion of Rashi (Chullin 98b s.v. letaam) and the Rambam (Machalot Asurot 15:2-3, as understood by the Bet Yosef YD 98:2; responsa of the Rambam Pear Hadur 65) is that even a liquid mixture of different types is biblically nullified with majority only needs nullification of 60 rabbinically. Shulchan Aruch YD 98:2 follows the Rashba.</ref> | # If some of the mixture under question was lost or spilled and it is no longer possible to measure whether there was 60 times the prohibited ingredient or not but certainly the majority is permitted, if the mixture is one of similar types it is permitted, however, if it is of dissimilar types it is forbidden. <ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=216 Rashba (Torat HaBayit 11b)], Tur and Shulchan Aruch YD 98:2. The logic of the Rashba is that he follows Rabbenu Tam (Tosfot Chullin 98b s.v. rava) who says that in a liquid mixture of different types the need for nullification is biblical and since there is a doubt about a biblical prohibition one should be strict. The general principle is that when dealing with doubts about a biblical prohibition one should be strict. However, he states a mixture of like types biblically is nullified with majority and only rabbinically needs nullification of 60 and so if one is in doubt one can be lenient. This is also the opinion of the Rosh (as cited by the Tur 98:3). It is noteworthy to mention that the opinion of Rashi (Chullin 98b s.v. letaam) and the Rambam (Machalot Asurot 15:2-3, as understood by the Bet Yosef YD 98:2; responsa of the Rambam Pear Hadur 65) is that even a liquid mixture of different types is biblically nullified with majority only needs nullification of 60 rabbinically. Shulchan Aruch YD 98:2 follows the Rashba.</ref> | ||
## If there is a mixture of chicken and milk and there's certainly majority of chicken and a minority of milk but it is unclear if there is 60 times the amount of chicken in comparison to the milk or vice versa, and it is currently impossible to measure the mixture because some of it fell or was lost, some poskim are lenient and some are strict. <ref>According to the Shach 98:7 it is permitted based on the logic of the Rashba that we should say since there is only a rabbinic prohibition and there's certainly nullification on a biblical level we can be lenient. However, the Taz 98:5 argue that it is forbidden since we treat chicken and milk like meat and milk for all intents and purposes even though it is rabbinic. </ref> | ## If there is a mixture of chicken and milk and there's certainly majority of chicken and a minority of milk but it is unclear if there is 60 times the amount of chicken in comparison to the milk or vice versa, and it is currently impossible to measure the mixture because some of it fell or was lost, some poskim are lenient and some are strict. <ref>According to the Shach 98:7 it is permitted based on the logic of the Rashba that we should say since there is only a rabbinic prohibition and there's certainly nullification on a biblical level we can be lenient. However, the Taz 98:5 argue that it is forbidden since we treat chicken and milk like meat and milk for all intents and purposes even though it is rabbinic. </ref> | ||
