16,374
edits
Nullification: Difference between revisions
From Halachipedia
→How the forbidden item is measured
| (6 intermediate revisions by the same user not shown) | |||
| Line 29: | Line 29: | ||
#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. Shach YD 98:6 argues again at length with the Rama that the critical factor is taste and not identification.</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 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. Shach YD 98:6 argues again at length with the Rama that the critical factor is taste and not identification.</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> | #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> | #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>Shulchan Aruch YD 109:1, The Laws of Kashrus (Rabbi Binyamin Forst; pg 54-6) </ref> | ||
#Some have the practice to boil 3 eggs at a time so that if one is found with a blood spot, it will be nullified and not make the pot non-kosher. Some note that this practice is not necessary nowadays when the eggs are not fertilized.<ref>[http://www.kashrut.com/articles/eggs/ Halachically Speaking vol 4 issue 18]</ref> | #Some have the practice to boil 3 eggs at a time so that if one is found with a blood spot, it will be nullified and not make the pot non-kosher. Some note that this practice is not necessary nowadays when the eggs are not fertilized.<ref>[http://www.kashrut.com/articles/eggs/ Halachically Speaking vol 4 issue 18]</ref> | ||
# There is a dispute whether nullification requires that there is a majority in quantity of permitted pieces as well as majority of volume of permitted pieces<ref>Chinuch Bet Yehuda 80 cited by Pitchei Teshuva YD 109:2</ref> or merely that one needs a majority in quantity of permitted pieces.<ref>Chazon Ish YD 37:20. See Rashba 1:272 who implies that majority of volume is all that is necessary.</ref> | |||
==Liquid and Solid Mixtures== | ==Liquid and Solid Mixtures== | ||
| Line 66: | Line 67: | ||
==What is Included in the Measurement== | ==What is Included in the Measurement== | ||
===How the permitted items are measured=== | |||
#When measuring the food in a pot to see if it nullified the forbidden ingredients we consider the gravy, scraps of meat, and large pieces of meat.<ref>Shulchan Aruch YD 99:4</ref> Many poskim hold that dry bones, whether from a permitted or forbidden source, are also counted for nullification. However, the marrow of the bones from a forbidden source is also forbidden. Some poskim argue that bones from a forbidden source can't be counted towards nullification.<ref>Shulchan Aruch 99:1 rules like the Rashba (Torat HaBayit 6a) that even the forbidden bones count towards nullification, but the Rama cites the Or Zaruah who holds that the forbidden bones can't be considered towards nullification and adds that in cases of loss one can rely on the Rashba. Kaf HaChaim 99:11 writes that Sephardim primarily follow Shulchan Aruch here. The Shach 99:1 and Kaf HaChaim 99:2 are strict regarding moist bones from a forbidden source to include them in the measurement of the forbidden ingredients. </ref> | #When measuring the food in a pot to see if it nullified the forbidden ingredients we consider the gravy, scraps of meat, and large pieces of meat.<ref>Shulchan Aruch YD 99:4</ref> Many poskim hold that dry bones, whether from a permitted or forbidden source, are also counted for nullification. However, the marrow of the bones from a forbidden source is also forbidden. Some poskim argue that bones from a forbidden source can't be counted towards nullification.<ref>Shulchan Aruch 99:1 rules like the Rashba (Torat HaBayit 6a) that even the forbidden bones count towards nullification, but the Rama cites the Or Zaruah who holds that the forbidden bones can't be considered towards nullification and adds that in cases of loss one can rely on the Rashba. Kaf HaChaim 99:11 writes that Sephardim primarily follow Shulchan Aruch here. The Shach 99:1 and Kaf HaChaim 99:2 are strict regarding moist bones from a forbidden source to include them in the measurement of the forbidden ingredients. </ref> | ||
#The width of the pot doesn't count towards nullification. <ref>Tur and Shulchan Aruch YD 99:1</ref> | #The width of the pot doesn't count towards nullification. <ref>Tur and Shulchan Aruch YD 99:1</ref> | ||
#We measure the mixture according to the size of the items when they come before the rabbi.<ref>Shulchan Aruch YD 99:4</ref> | #We measure the mixture according to the size of the items when they come before the rabbi.<ref>Shulchan Aruch YD 99:4</ref> | ||
===How the forbidden item is measured=== | |||
====Once It is Forbidden==== | |||
# Once a solid food becomes forbidden by a transfer of taste it can never revert to becoming permitted again. That is, even if it is later cooked with sixty times its measure and is nullified, that piece remains forbidden.<ref>The Rashba holds that once a piece of food becomes forbidden it can never revert to become permitted. Tur 106:1 disagrees. Shulchan Aruch Y.D. 106:1 accepts the Rashba. However, in Y.D. 92:4 the Shulchan Aruch uses the language of the Tur. Taz 92:10 and Gra 92:16 point out this contradiction but side with the Rashba. Shach 92:11 reads the Shulchan Aruch 92:4 in light of 106:1. Therefore, the conclusion of the poskim is like the Rashba (Horah Brurah 92:32).</ref> | |||
====Chanan==== | |||
# Once a food becomes forbidden by a transfer of taste in order to nullify it when it is part of a mixture, according to Ashkenazim, one needs to measure sixty times the entire volume of that food. This concept is known as ''Chaticha Naaseh Nevelah'' or ''Chanan''.<ref>Gemara Chullin 108b, Rama 92:4. Taz 92:11 points out that many poskim hold that this applies even to a rabbinic prohibition. Badei Hashulchan 92:64 agrees. Taz 87:2 implies the same.</ref> Sephardim only hold of this concept by meat and milk but for other prohibitions one only ever needs to nullify the volume of the original prohibition.<ref>Shulchan Aruch Y.D. 92:4, Horah Brurah 92:34</ref> | |||
# Chanan only applies if one piece became forbidden before the rest of the mixture. That can happen if one piece was completely out of the gravy and something forbidden fell upon it (''Chutz Mrotev''). Another method of chanan is where two pieces are connected such as fat and an inner organ or the heart and meat nearby (''Isur Davuk'').<ref>Rama 92:4</ref> | |||
==Unsure if there is Sixty== | ==Unsure if there is Sixty== | ||
| Line 106: | Line 113: | ||
# Cheese that was made with teref rennet is not a chaticha hareuya lhitchabed.<ref>Torat Chatat 40:2, Taz 101:3, Nekudat Hakesef 101:1. Even though the Torat Chatat thought that the Isur Vheter was strict in this case the Nekudat Hakesef points out that Isur Vheter didn’t say that. Also, even though the Taz accused the Bach of saying that it is a chaticha hareuya lhitchabed the Nekudat Hakesef argues that the Bach never said it.</ref> | # Cheese that was made with teref rennet is not a chaticha hareuya lhitchabed.<ref>Torat Chatat 40:2, Taz 101:3, Nekudat Hakesef 101:1. Even though the Torat Chatat thought that the Isur Vheter was strict in this case the Nekudat Hakesef points out that Isur Vheter didn’t say that. Also, even though the Taz accused the Bach of saying that it is a chaticha hareuya lhitchabed the Nekudat Hakesef argues that the Bach never said it.</ref> | ||
# Cheese that was made with teref milk is a chaticha hareuya lhitchabed.<ref>Nekudat Hakesef 101:1</ref> | # Cheese that was made with teref milk is a chaticha hareuya lhitchabed.<ref>Nekudat Hakesef 101:1</ref> | ||
# Cheese made with Kosher milk mixed with milk from a non-Kosher animal isn't a chaticha hareuya lhitchabed.<ref>Taz 101:3 explains that since the non-Kosher milk doesn't congeal into cheese but is just stuck in pockets in the cheese though non-kosher milk isn't considered significant.</ref> | |||
# Cheese made by a non-Jew is a chaticha hareuya lhitchabed.<ref>The Isur Vheter 25:8 writes that cheese made by a goy is a chaticha hareuya lhitchabed since it was forbidden from the moment it was created. Rama in Torat Chatat 40:2 writes that if it is cheese made with kosher milk and teref rennet it isn’t a chaticha hareuya lhitchabed since it only absorbed the taste of something forbidden. Bach 101:2 argues with the Rama and concludes like the Isur Vheter that all cheese made by a non-Jew is a chaticha hareuya lhitchabed. However, the Nekudat Hakesef agrees with the Bach that any cheese made by a non-Jew is a chaticha hareuya lhitchabed. | # Cheese made by a non-Jew is a chaticha hareuya lhitchabed.<ref>The Isur Vheter 25:8 writes that cheese made by a goy is a chaticha hareuya lhitchabed since it was forbidden from the moment it was created. Rama in Torat Chatat 40:2 writes that if it is cheese made with kosher milk and teref rennet it isn’t a chaticha hareuya lhitchabed since it only absorbed the taste of something forbidden. Bach 101:2 argues with the Rama and concludes like the Isur Vheter that all cheese made by a non-Jew is a chaticha hareuya lhitchabed. However, the Nekudat Hakesef agrees with the Bach that any cheese made by a non-Jew is a chaticha hareuya lhitchabed. | ||
* The Taz 101:3 distinguishes between when the cheese was made with hide of a nevelah that it is considered a chaticha hareuya lhitchabed since from the creation of the cheese it was forbidden and the cheese which was made by a non-Jew and there’s a concern that mixed in is non-kosher milk that it isn’t a chaticha hareuya lhitchabed. </ref> | * The Taz 101:3 distinguishes between when the cheese was made with hide of a nevelah that it is considered a chaticha hareuya lhitchabed since from the creation of the cheese it was forbidden and the cheese which was made by a non-Jew and there’s a concern that mixed in is non-kosher milk that it isn’t a chaticha hareuya lhitchabed. </ref> | ||
| Line 152: | Line 160: | ||
===Eino Ben Yomo Pots=== | ===Eino Ben Yomo Pots=== | ||
#If a forbidden mixture was cooked in a pot and was used after 24 hours passed, the food is kosher but the pot needs to be koshered.<ref>Rama 103:2, Shulchan Aruch 103:5, Badei Hashulchan 103:62</ref> | #If a forbidden mixture was cooked in a pot and was used after 24 hours passed, the food is kosher but the pot needs to be koshered.<ref>Rama 103:2, Shulchan Aruch 103:5, Badei Hashulchan 103:62</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> | # 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. | ||
* Rashba Torat Habayit Haaruch 38a, Meiri in Magen Avot 13 p. 58, Bet Yosef 122:6, Raah 38a, Meiri A"Z 76a, Radvaz 3:617, Sedah Lderech 2:3:7, Mordechai a"z ch. 2, Tosfot Rid a"z 75b, Erech Hashulchan Sefer Hazikaron 50:8, Yabia Omer YD 8:14, Knesset Hagedola 122:26, Pri Megadim S"D 99:7, Bet Shlomo YD 175, Adovat Avoda Avoda Zara 75b, Mor Ukesiah, Zivchei Tzedek 122:15, and Maharil Diskin Kuntres Acharon 129 hold that if the food was cooked in an eino ben yomo pot intentionally the food is forbidden. However, the Tiferet Lmoshe 94:22, Arugot Habosem YD 99:3 and Zayit Raanan Dvar Sheyesh Lo Matirin 3:2 are 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> | ||
# If a person used an eino ben yomo meat pot for dairy the food is permitted and the pot needs to be kashered<ref>Shulchan Aruch Y.D. 93:1</ref> but it can be koshered with hagalah even if it was used on the fire. The same is true of a dairy pot for meat.<ref>Chatom Sofer YD 110 writes that if an eino ben yomo meat pot is used for dairy on a fire it would still only be hetera baala since both the meat and milk entered the pot separately bhetera since the meat was eino ben yomo when the milk went in. He adds as a chumra to do hagalah three times. Pitchei Teshuva 121:7 cites the Chatom Sofer. Siach Yakov (Machalei Akum Hechsher Kelim p. 218, Rav Yakov Kassin) agrees. Shulchan Aruch Y.D. 121:4 writes that whenever it is hetera baala even a roasting pot only requires hagalah.</ref> | |||
===Stam Kelim Einam Bnei Yoman=== | ===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> | # 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> | ||
