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Nullification: Difference between revisions
From Halachipedia
→Eino Ben Yomo Pots
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# If a forbidden pot was used after 24 hours to cook kosher food the food remains kosher.<ref>Shulchan Aruch 103:5</ref> One may not use a forbidden pot intentionally but if one did so according to many poskim the food is nonetheless permitted.<ref>Rashba Torat Habayit Haaruch 4:4 38b writes that it is forbidden to ask a non-Jew to cook in his teref pot that wasn’t used within 24 hours since it is considered bitul isur lechatchila. Rashba writes that it is forbidden even after the fact. Shulchan Aruch YD 103:5 and 122:6 quotes the Rashba but not the part that it makes it forbidden after the fact. Even though the Levushei Sarad and Chamudei Doniel say it is forbidden even after the fact like the Rashba, Igrot Moshe YD 2:41 argues that after the fact were lenient.</ref> | # If a forbidden pot was used after 24 hours to cook kosher food the food remains kosher.<ref>Shulchan Aruch 103:5</ref> One may not use a forbidden pot intentionally but if one did so according to many poskim the food is nonetheless permitted.<ref>Rashba Torat Habayit Haaruch 4:4 38b writes that it is forbidden to ask a non-Jew to cook in his teref pot that wasn’t used within 24 hours since it is considered bitul isur lechatchila. Rashba writes that it is forbidden even after the fact. Shulchan Aruch YD 103:5 and 122:6 quotes the Rashba but not the part that it makes it forbidden after the fact. Even though the Levushei Sarad and Chamudei Doniel say it is forbidden even after the fact like the Rashba, Igrot Moshe YD 2:41 argues that after the fact were lenient.</ref> | ||
# An earthenware vessel that absorbed something non-kosher can't be used even after 24 hours.<ref>Pri Megadim Siftei Daat 103:17 writes that even for earthenware vessels they can't be used after 24 hours even though there's no way to kosher them. He is disagreeing with the Nachalat Yakov 23-25, 42. Badei Hashulchan 103:54 agrees with the Pri Megadim.</ref> | # An earthenware vessel that absorbed something non-kosher can't be used even after 24 hours.<ref>Pri Megadim Siftei Daat 103:17 writes that even for earthenware vessels they can't be used after 24 hours even though there's no way to kosher them. He is disagreeing with the Nachalat Yakov 23-25, 42. Badei Hashulchan 103:54 agrees with the Pri Megadim.</ref> | ||
===Stam Kelim Einam Bnei Yoman=== | |||
# Food cooked in a pot that wasn't used within 24 hours even if the pot wasn't kosher the food is kosher after the fact.<ref>Shulchan Aruch YD 103:5</ref> | |||
# If someone doesn't know if a pot was used within 24 hours after the fact the food is permitted since it is possible to assume that it wasn't used within 24 hours.<ref>Tosfot Avoda Zara 38b and Ramban Avoda Zara 35 hold that stam kelim einam bnei yoman, we assume that most pots weren't used within 24 hours. Tosfot and Ramban explain that it is based on a safek safeka. There is a safek if it was used within 24 hours and even if it was it could be that the absorption in the pot won't give any taste to the food or that the taste it'll give will be a negative contribution to the taste of the food. Rambam Machalot Asurot 17:22 seems to disagree with this concept and hold that stam kelim are bnei yoman. Kesef Mishna makes this point. Rabbi Akiva Eiger YD 122 notes that this also seems to be the opinion of Rashi Yoma 81b s.v. sharya. Mahari Ibn Chaviv in Tosefet Yom Hakippurim Yoma 81b also makes this point. (Yabia Omer YD 7:7 cites these opinions.) According to this note, it seems that the same can be proven from the Bahag Brachot 36b and Meiri Brachot 36b. However, with respect to that same Gemara source the Smag Mitzvah 27 writes that stam kelim are assumed to be not bnei yoman. Talmidei Rabbenu Yonah Brachot 25b s.v. umirkachat agrees. The Shulchan Aruch YD 122:6 agrees with the Tosfot, Ramban, Smag and Rabbenu Yonah that stam kelim einan bnei yonam.</ref> | |||
# Some say that it isn't necessary even to inquire if the pots were used within 24 hours if it would embarrassing to ask.<ref>Yabia Omer 5:3:2 citing the Dvar Shmuel 320, Radvaz 4:296, Pri Chadash 110, Masa Melech 7:10 that it isn't necessary to ask to find out more information about a safek safeka unlike the Shach 110 Klal 35. Nonetheless, maybe everyone would agree here since it is embarrassing and maybe the owner wouldn't even know the answer.</ref> | |||
==Sources== | ==Sources== | ||
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[[Category:Kashrut]] | [[Category:Kashrut]] | ||
