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Nullification: Difference between revisions
From Halachipedia
→Awareness of the Nullification
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# A necessary factor for nullification to take place is that a person must realize that the nullification occurred. However, if a person doesn't realize that the nullification occurred until the situation is further complicated the original nullification is ineffective.<ref>Mishna Trumot 5:8, Rosh Chullin 7:37</ref> | # A necessary factor for nullification to take place is that a person must realize that the nullification occurred. However, if a person doesn't realize that the nullification occurred until the situation is further complicated the original nullification is ineffective.<ref>Mishna Trumot 5:8, Rosh Chullin 7:37</ref> | ||
# For example, if one piece of non-Kosher meat was mixed with two Kosher pieces and before he realized that non-Kosher was mixed up with the Kosher pieces he cooked them all together they are all considered non-Kosher. However, if he realized that the non-Kosher was mixed up with the Kosher pieces before it was cooked then nullification occurred and all of them are considered Kosher even if they are then cooked together.<ref>Rama 109:2</ref> Practically, many poskim are strict in this case since the taste of the forbidden piece mixture reawakens the nullified prohibition (Chozer Vneer).<ref>Shulchan Aruch YD 109:2 is strict. Rama is lenient in cases of great loss.</ref> | # For example, if one piece of non-Kosher meat was mixed with two Kosher pieces and before he realized that non-Kosher was mixed up with the Kosher pieces he cooked them all together they are all considered non-Kosher. However, if he realized that the non-Kosher was mixed up with the Kosher pieces before it was cooked then nullification occurred and all of them are considered Kosher even if they are then cooked together.<ref>Rama 109:2</ref> Practically, many poskim are strict in this case since the taste of the forbidden piece mixture reawakens the nullified prohibition (Chozer Vneer).<ref>Shulchan Aruch YD 109:2 is strict. Rama is lenient in cases of great loss.</ref> | ||
# Awareness isn't necessary for the principle of Kol Dparish. That is, if an item is removed from a mixture and considered Kosher based on the majority of the mixture which it came from, it is Kosher even if the person wasn't aware of this until the situation became more complicated.<ref>[https://books.google.com/books?id=Ht8_AAAAYAAJ&pg=PT177&lpg=PT177&dq=%D7%99%D7%93%D7%99%D7%A2%D7%AA+%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA+%D7%9B%D7%9C+%D7%93%D7%A4%D7%A8%D7%99%D7%A9&source=bl&ots=y-w_8X-v6m&sig=mb4twoFM1VNYgv_iXq0klGtnxro&hl=en&sa=X&ved=0ahUKEwjs072ypaDcAhVETd8KHVjxD6cQ6AEILDAA#v=onepage&q=%D7%99%D7%93%D7%99%D7%A2%D7%AA%20%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA%20%D7%9B%D7%9C%20%D7%93%D7%A4%D7%A8%D7%99%D7%A9&f=false Binyamin Zeev (Kuntres Acharon n. 14)], Rav Poalim YD 1:23 s.v. | # Awareness isn't necessary for the principle of Kol Dparish. That is, if an item is removed from a mixture and considered Kosher based on the majority of the mixture which it came from, it is Kosher even if the person wasn't aware of this until the situation became more complicated.<ref>[https://books.google.com/books?id=Ht8_AAAAYAAJ&pg=PT177&lpg=PT177&dq=%D7%99%D7%93%D7%99%D7%A2%D7%AA+%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA+%D7%9B%D7%9C+%D7%93%D7%A4%D7%A8%D7%99%D7%A9&source=bl&ots=y-w_8X-v6m&sig=mb4twoFM1VNYgv_iXq0klGtnxro&hl=en&sa=X&ved=0ahUKEwjs072ypaDcAhVETd8KHVjxD6cQ6AEILDAA#v=onepage&q=%D7%99%D7%93%D7%99%D7%A2%D7%AA%20%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA%20%D7%9B%D7%9C%20%D7%93%D7%A4%D7%A8%D7%99%D7%A9&f=false Binyamin Zeev (Kuntres Acharon n. 14)], Rav Poalim YD 1:23 s.v. Vachar, Chazon Ish 37:20. Minchat Pittim (Rav Meir Arik YD 8) writes that Kol Dparish doesn't require awareness for it to be effective. He proves it from the Ran Chullin 33b s.v. amar. Darkei Teshuva 110:59 cites the Minchat Pittim.</ref> Some poskim disagree and require awareness even for Kol Dparish to be effective.<ref>Binat Adam Bet Hakavuah n. 13</ref> | ||
==Reawakening Nullified Ingredients== | ==Reawakening Nullified Ingredients== | ||
# If a forbidden food was nullified because there was sixty times it of permitted ingredients, and then more of the same type of forbidden food fell in, the entire mixture is forbidden unless the combined amount of forbidden food is nullified. This is based on the principle that even forbidden food which was nullified can be reawakened when more forbidden food is added.<ref>Rama 99:6 rules like the Rosh who says that even if all the ingredients are dry, even if they're all of the same type, and even if one knew about the nullification before the second forbidden food fell in, still the old forbidden food is reawakened and forbidden. The Shach 99:21 argues that if there's no concern of taste being transferred such as where the ingredients are dry, of the same type, and one knew about the nullification before the next piece of forbidden food fell in one can be lenient to assume that the old forbidden food is reawakened. Kaf HaChaim 99:70 and The Laws of Kashrut (p. 68) follow the Rama against the Shach.</ref> | # If a forbidden food was nullified because there was sixty times it of permitted ingredients, and then more of the same type of forbidden food fell in, the entire mixture is forbidden unless the combined amount of forbidden food is nullified. This is based on the principle that even forbidden food which was nullified can be reawakened when more forbidden food is added.<ref>Rama 99:6 rules like the Rosh who says that even if all the ingredients are dry, even if they're all of the same type, and even if one knew about the nullification before the second forbidden food fell in, still the old forbidden food is reawakened and forbidden. The Shach 99:21 argues that if there's no concern of taste being transferred such as where the ingredients are dry, of the same type, and one knew about the nullification before the next piece of forbidden food fell in one can be lenient to assume that the old forbidden food is reawakened. Kaf HaChaim 99:70 and The Laws of Kashrut (p. 68) follow the Rama against the Shach.</ref> | ||
