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Nullification: Difference between revisions
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===Biryah (Complete Unit)=== | ===Biryah (Complete Unit)=== | ||
# A complete creature or limb isn't nullified even in a mixture of foods that have a dissimilar taste.<ref>Darkei Moshe 100 cites the Isur Veheter who says that biryah is permitted if it is mixed with ingredients of dissimilar tastes. Shulchan Aruch 100:3 rules like the Rashba that biryah isn't nullified.</ref> | # A complete creature or limb isn't nullified even in a mixture of foods that have a dissimilar taste.<ref>Darkei Moshe 100 cites the Isur Veheter who says that biryah is permitted if it is mixed with ingredients of dissimilar tastes. Shulchan Aruch 100:3 rules like the Rashba that biryah isn't nullified.</ref> | ||
# There are four conditions for a prohibition to be considered a biryah: 1) It was a living creature,<ref>Macot 16a, Rosh Chullin 7:33, Shulchan Aruch YD 100:1</ref> 2) It was forbidden from its creation,<ref>Rashi Chullin 102b s.v. tameh</ref> 3) It is complete,<ref>Gemara Macot 16b, Tur 101:6 and Shulchan Aruch YD 100:1</ref> 4) It isn't called by its original name after it is cut.<ref>Rosh Chullin 7:33, Shulchan Aruch YD 100:1</ref> | |||
# Therefore, the following are considered a biryah: bugs, non-kosher birds, Gid Hanashah, Even Min Hachay, and an egg with a chick inside. Whereas a prohibited plants, Nevelah, Terefa, or Chelev aren't a biryah.<ref>Shulchan Aruch YD 100:1, Shach 100:4</ref> | |||
# An egg with a blood spot isn't considered a biryah.<ref>Shach 100:2</ref> | |||
# If there is a doubt if a food is kosher but it is certainly a biryah it isn't nullified. However, if there is a doubt if something is a biryah it is nullified.<Ref>Taz 100:1 writes that since biryah is only rabbinic it is considered permitted if there is a doubt if it is biryah. If it is a doubt if it is kosher it is considered non-kosher based on safek deoritta lchumra and then afterwards that question isn't revisited when considering it a biryah that isn't nullified (safek deoritta sh'nitgalgel lehiyot derabbanan).</ref> | |||
# If the biryah is broken or split it is nullified. Some say that it could be nullified even while one is chewing.<ref>Chazon Ish YD 14(1):6 s.v. vshiur writes that even if a biryah is broken while it is being chewed it is nullified. [http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=283 Mechzeh Eliyahu 1:89] questions this.</ref> | # If the biryah is broken or split it is nullified. Some say that it could be nullified even while one is chewing.<ref>Chazon Ish YD 14(1):6 s.v. vshiur writes that even if a biryah is broken while it is being chewed it is nullified. [http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=283 Mechzeh Eliyahu 1:89] questions this.</ref> | ||
See [[Checking for Bugs]] for more practical aspects of biryah. | |||
===Dvar Shebeminyan=== | ===Dvar Shebeminyan=== | ||
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===Chaticha Hareuy Lhitchabed=== | ===Chaticha Hareuy Lhitchabed=== | ||
# A forbidden piece of meat or fish that is significant that can be used to honor a guest isn't nullified in any amount.<ref>Shulchan Aruch 101:1</ref> This applies to any prohibited item even if it is only rabbinically forbidden.<ref>Rama 101:1</ref> | # A forbidden piece of meat or fish that is significant that can be used to honor a guest isn't nullified in any amount.<ref>Shulchan Aruch 101:1</ref> This applies to any prohibited item even if it is only rabbinically forbidden.<ref>Rama 101:1</ref> | ||
# If there's a doubt if it can be used to honor a guest one can be lenient.<ref>Rama YD 101:1</ref> | # If there's a doubt if it can be used to honor a guest one can be lenient.<ref>Rama YD 101:1. Pri Megadim M"Z 101:2 asks how there could be a doubt if something is useful to honor a guest, it is ascertainable (see Shulchan Aruch YD 98:3). He quotes the Pri Toar 101:4 who answers that with respect to objective questions whether it is ascertainable it isn't a doubt but since this is a subjective question one could be in doubt.</ref> | ||
# This rule only applies if the piece of meat or fish is forbidden in it of itself but not if it only absorbed a taste of something forbidden. The only exception is meat and milk which if combined each piece is completely forbidden in it of itself.<ref>Shulchan Aruch 101:2</ref> | # This rule only applies if the piece of meat or fish is forbidden in it of itself but not if it only absorbed a taste of something forbidden. The only exception is meat and milk which if combined each piece is completely forbidden in it of itself.<ref>Shulchan Aruch 101:2</ref> | ||
# Meat that was a person wasn't watching and became forbidden because of [[Basar SheNitalem Min HaAyin]] is nullified in a majority.<ref>Rabbi Akiva Eiger 101:1 based on Shach Klalei Safek Safeka 110:19 that there is no issue of Chaticha Hareuya Lhitchabed for meat that wasn't watched which is a chumra derabbanan and not like other derabbanan's.</ref> | |||
====Cheese==== | ====Cheese==== | ||
# A piece of cheese can be significant and considered a chaticha hareuya lhitchabed.<ref>The Maharshal (Yam Shel Shlomo Kol Habasar 108 cited by Taz) writes that cheese isn’t a chaticha hareuya lhitchabed since a person can’t eat so much of it until he gets full. Also some people don’t like it at all. Therefore, it isn’t a chaticha hareuya lhitchabed. Taz 101:3 argues that cheese is a chaticha hareuya lhitchabed and it is evident in the Rashba (Torat Habayit 91a).</ref> | # A piece of cheese can be significant and considered a chaticha hareuya lhitchabed.<ref>The Maharshal (Yam Shel Shlomo Kol Habasar 108 cited by Taz) writes that cheese isn’t a chaticha hareuya lhitchabed since a person can’t eat so much of it until he gets full. Also some people don’t like it at all. Therefore, it isn’t a chaticha hareuya lhitchabed. Taz 101:3 argues that cheese is a chaticha hareuya lhitchabed and it is evident in the Rashba (Torat Habayit 91a).</ref> | ||
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# 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> | ||
====Animals==== | |||
#Animals are considered important and aren't nullified.<ref>Zevachim 73a, Rambam Machalot Asurot 16:7, Shulchan Aruch YD 110:1</ref> | |||
====Maamid==== | |||
#Something that is used to solidify or give a food texture is considered a critical ingredient and isn't nullified.<ref>Rambam Machalot Asurot 16:26</ref> | |||
==Intentional Bitul== | ==Intentional Bitul== | ||
