Anonymous

Nullification: Difference between revisions

From Halachipedia
(2 intermediate revisions by the same user not shown)
Line 72: Line 72:
#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===
===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>
# 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>
# 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.</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 92:4, Horah Brurah 92:34</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>
# 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>


Line 111: 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 160: Line 163:
* 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>
* 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===