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#If the forbidden food is recognizable even if its taste is nullified it must be removed. If the forbidden food isn’t currently recognizable but it is possible to remove the forbidden food nonetheless, one should do so. For example, if forbidden fat was cooked into a mixture but it can be removed by pouring water into it and letting the fat rise one should do so.<ref>Rama 98:4</ref> There is a dispute if one needs to do so if in the process the whole mixture will be ruined. Some poskim advise being strict.<ref>Badei Hashulchan 98:55</ref> | #If the forbidden food is recognizable even if its taste is nullified it must be removed. If the forbidden food isn’t currently recognizable but it is possible to remove the forbidden food nonetheless, one should do so. For example, if forbidden fat was cooked into a mixture but it can be removed by pouring water into it and letting the fat rise one should do so.<ref>Rama 98:4</ref> There is a dispute if one needs to do so if in the process the whole mixture will be ruined. Some poskim advise being strict.<ref>Badei Hashulchan 98:55</ref> | ||
==Liquid Mixtures== | |||
#A forbidden food that fell into a mixture of permitted food that shares its taste is nullified biblically as long as there’s a majority and according to the rabbis requires nullification of one to sixty to be permitted. However, if that forbidden food fell into a mixture of permitted food with a different taste than it, it would require nullification of one to sixty on a biblical level. <ref>*The gemara Zevachim 78b explains that a mixture of like ingredients is nullified by majority on a biblical level and nullified by one in sixty on a rabbinic level, whereas mixtures of different types are only nullified even on a biblical level if there’s one in sixty. Why do you need 60 needs to nullified the forbidden food in a mixture of like types? The Rosh (Chullin 7:37) explains that it is a particular prohibition to avoid any confusion between these two categories. However, the Rambam (Machalot Asurot 15:4-5) understands that this rabbinic prohibition was such that a forbidden food is never nullified until it is dispersed in such a great quantity such as one in sixty that it is completely lost. The Badei Hashulchan 98:13 cites this dispute. | #A forbidden food that fell into a mixture of permitted food that shares its taste is nullified biblically as long as there’s a majority and according to the rabbis requires nullification of one to sixty to be permitted. However, if that forbidden food fell into a mixture of permitted food with a different taste than it, it would require nullification of one to sixty on a biblical level. <ref>*The gemara Zevachim 78b explains that a mixture of like ingredients is nullified by majority on a biblical level and nullified by one in sixty on a rabbinic level, whereas mixtures of different types are only nullified even on a biblical level if there’s one in sixty. Why do you need 60 needs to nullified the forbidden food in a mixture of like types? The Rosh (Chullin 7:37) explains that it is a particular prohibition to avoid any confusion between these two categories. However, the Rambam (Machalot Asurot 15:4-5) understands that this rabbinic prohibition was such that a forbidden food is never nullified until it is dispersed in such a great quantity such as one in sixty that it is completely lost. The Badei Hashulchan 98:13 cites this dispute. | ||
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#Since everything is really dependent on taste, theoretically it would be sufficient to taste the mixture to see if there’s still any taste of the forbidden food in the mixture. However, since it is forbidden to taste, the next option is to give it to a non-Jew to taste. The practice is not to rely on the non-Jew for this matter. In fact there’s a dispute in the poskim whether one can rely on the tasting of an another Jew in cases where it is permitted to taste it and we hold that initially one should not rely on that either.<ref>Badei Hashulchan 98:14</ref> | #Since everything is really dependent on taste, theoretically it would be sufficient to taste the mixture to see if there’s still any taste of the forbidden food in the mixture. However, since it is forbidden to taste, the next option is to give it to a non-Jew to taste. The practice is not to rely on the non-Jew for this matter. In fact there’s a dispute in the poskim whether one can rely on the tasting of an another Jew in cases where it is permitted to taste it and we hold that initially one should not rely on that either.<ref>Badei Hashulchan 98:14</ref> | ||
== | ==Solid Mixtures== | ||
#If non-Kosher solid food is mixed up in a simple majority (51%) of Kosher food, and the non-Kosher food is similar in taste to the non-Kosher piece, is unrecognizable in the mixture, and the mixture is not hot or cooked together, then mixture as a whole is permissible.<ref>The Gemara Chullin 98b assumes that it is possible to nullify a forbidden item in a mixture of permitted ones. Rashi s.v. de’mdeoritta explains that this is based on the pasuk Shemot 23:2 which says that we follow majority. Shach YD 109:6 agrees. See Gemara Chullin 11a which employs that pasuk for the rule of following majority for items that leave a mixture. See also the Shaarei Yosher 3:4 regarding the difference between these concepts. The concept of nullification with a majority is codified by the Tur and Shulchan Aruch YD 109:1. | #If non-Kosher solid food is mixed up in a simple majority (51%) of Kosher food, and the non-Kosher food is similar in taste to the non-Kosher piece, is unrecognizable in the mixture, and the mixture is not hot or cooked together, then mixture as a whole is permissible.<ref>The Gemara Chullin 98b assumes that it is possible to nullify a forbidden item in a mixture of permitted ones. Rashi s.v. de’mdeoritta explains that this is based on the pasuk Shemot 23:2 which says that we follow majority. Shach YD 109:6 agrees. See Gemara Chullin 11a which employs that pasuk for the rule of following majority for items that leave a mixture. See also the Shaarei Yosher 3:4 regarding the difference between these concepts. The concept of nullification with a majority is codified by the Tur and Shulchan Aruch YD 109:1. | ||
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#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== | |||
# If a mixture has solids that dissolved completely they are treated like liquid mixtures.<ref>Shulchan Aruch 104:1</ref> | |||
# If a mixture has solids that are recognizably separate from the liquid the mixture is treated as both a mixture of solids and liquids. In order to permit eating the liquid there needs to be sixty in the whole mixture in comparison to the forbidden ingredients. If there is a solid non-kosher ingredient and it is recognizable it needs to be removed. If it isn't recognizable and there are other comparable kosher solid ingredients if there are a majority of the solid ingredients the solids can be eaten if there is also sixty in the entire mixture compared to the forbidden ingredients. If there isn't majority the solid ingredients are forbidden even if there is sixty in the entire mixture compared to the forbidden ingredients.<ref>Shach 109:4</ref> | |||
# If the solid pieces of non-kosher in the liquid mixture are crushed up into small pieces but are recognizable they should be strained out. If that is impossible some say that it is forbidden.<ref>Shulchan Aruch 104:1. Rama limits it to a sheretz but Taz 104:2 argues. Ran Avoda Zara 32b s.v. hahu agrees with Tosfot that it is relevant to all prohibitions. He asks two questions on Rashi. 1) Why doesn't chatzi shiur make it asur for all prohibitions? 2) Why couldn't they strain out the solids?</ref> | |||
==Bitul BeShishim== | ==Bitul BeShishim== | ||
#If the mixture comprised of either 1) foods of dissimilar taste, 2) liquids, or 3) solids that were hot or cooked together, the nullification required is 1 to 60 called Bitul BeSheshim. <ref> | #If the mixture comprised of either 1) foods of dissimilar taste, 2) liquids, or 3) solids that were hot or cooked together, the nullification required is 1 to 60 called Bitul BeSheshim. <ref>Shulchan Aruch and Rama 109:1-2, The Laws of Kashrus (Rabbi Binyamin Forst; pg 58-61) | ||
*According to Rabbi Yehuda (Menachot 22a) a mixture of items of a similar type aren't nullified, however, according to the Rabbis it is. Rashi (Chullin 109a s.v. VeTu) holds like Rabbi Yehuda. Tosfot (Chullin 97a s.v. amar rava), however, argues with Rashi and rules that we hold like the Rabbis. Ran (Chullin 34b), Rosh (Avoda Zara 5:29), and Rambam (Maachalot Asurot 15:6) agree with Tosfot. Tur and Shulchan Aruch YD 98:2 hold like the Rabbis that a mixture of similar items is nullified. | *According to Rabbi Yehuda (Menachot 22a) a mixture of items of a similar type aren't nullified, however, according to the Rabbis it is. Rashi (Chullin 109a s.v. VeTu) holds like Rabbi Yehuda. Tosfot (Chullin 97a s.v. amar rava), however, argues with Rashi and rules that we hold like the Rabbis. Ran (Chullin 34b), Rosh (Avoda Zara 5:29), and Rambam (Maachalot Asurot 15:6) agree with Tosfot. Tur and Shulchan Aruch YD 98:2 hold like the Rabbis that a mixture of similar items is nullified. | ||
*Rava in gemara Chullin 97a states that one can rely on the testimony of a non-Jewish chef that a mixture of meat and a bit of milk doesn't have any dairy taste in it to permit it to a Jew. Concludes the gemara, if there no chef around or it is a mixture of similar items and it is impossible to taste the forbidden item specifically, one needs nullification of 60. (a) Rashi (Chullin 98a s.v. beshishim) implies that even if there's no taste of the forbidden ingredient still the mixture is forbidden unless there is also nullification of 60. (b) Similarly, the Ramban Chullin 98a s.v. kol holds that if the forbidden food dissolved into the permitted food it is nullified with 60 and not the taste of a chef. Yet, if the forbidden food was removed from the mixture but its taste remains it is nullified with the taste of a chef even if that's less than 60. (c) However, the Tosfot Chullin 99a s.v. elah and Rosh (Chullin 7:29) argue that if the non-Jew doesn't taste the forbidden ingredient it is permitted even if there isn't nullification of 60. (d) The Bet Yosef YD 98:1 understands that the Rambam (Machalot Asurot 15) thinks if there's an option to ask a non-Jewish chef one should and if he says that there's a forbidden taste, it is forbidden even if there's nullification of 60 and if he says that there's no forbidden taste it is permitted even if there's not nullification of 60. | *Rava in gemara Chullin 97a states that one can rely on the testimony of a non-Jewish chef that a mixture of meat and a bit of milk doesn't have any dairy taste in it to permit it to a Jew. Concludes the gemara, if there no chef around or it is a mixture of similar items and it is impossible to taste the forbidden item specifically, one needs nullification of 60. (a) Rashi (Chullin 98a s.v. beshishim) implies that even if there's no taste of the forbidden ingredient still the mixture is forbidden unless there is also nullification of 60. (b) Similarly, the Ramban Chullin 98a s.v. kol holds that if the forbidden food dissolved into the permitted food it is nullified with 60 and not the taste of a chef. Yet, if the forbidden food was removed from the mixture but its taste remains it is nullified with the taste of a chef even if that's less than 60. (c) However, the Tosfot Chullin 99a s.v. elah and Rosh (Chullin 7:29) argue that if the non-Jew doesn't taste the forbidden ingredient it is permitted even if there isn't nullification of 60. (d) The Bet Yosef YD 98:1 understands that the Rambam (Machalot Asurot 15) thinks if there's an option to ask a non-Jewish chef one should and if he says that there's a forbidden taste, it is forbidden even if there's nullification of 60 and if he says that there's no forbidden taste it is permitted even if there's not nullification of 60. | ||
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# If there's a mixture of like tasting ingredients and unlike tasting ingredients and the forbidden ingredient isn't recognizable. If (1) the volume of the like-tasting ingredient is greater than the volume of the forbidden ingredient and (2) the volume of the permitted ingredients, both those of similar and dissimilar tastes, is sixty times that of the forbidden ingredient the mixture is permitted.<ref>The Shulchan Aruch YD 98:2 is lenient even if there's a doubt if there's sixty but the Shach 98:6 disagrees because it is a Biblical issue so one couldn't be lenient in a case of doubt. However, if there's a certain sixty that is permitted according to everyone. Pri Megadim M"Z 98:3 clarifies this as well.</ref> | # If there's a mixture of like tasting ingredients and unlike tasting ingredients and the forbidden ingredient isn't recognizable. If (1) the volume of the like-tasting ingredient is greater than the volume of the forbidden ingredient and (2) the volume of the permitted ingredients, both those of similar and dissimilar tastes, is sixty times that of the forbidden ingredient the mixture is permitted.<ref>The Shulchan Aruch YD 98:2 is lenient even if there's a doubt if there's sixty but the Shach 98:6 disagrees because it is a Biblical issue so one couldn't be lenient in a case of doubt. However, if there's a certain sixty that is permitted according to everyone. Pri Megadim M"Z 98:3 clarifies this as well.</ref> | ||
# If there's a mixture of like tasting ingredients and unlike tasting ingredients and the forbidden ingredient isn't recognizable. If (1) the volume of the like-tasting ingredient is equal to or less than the volume of the forbidden ingredient but (2) the volume of the permitted ingredients, both those of similar and dissimilar tastes, is sixty times that of the forbidden ingredient, some poskim hold that the the mixture is permitted, while others argue.<ref>The Pri Megadim (Shaar Hataarovet 3:1 s.v. vnistapakti) has a doubt about a case in which there's 1/2 a piece of nevelah meat, 1/2 a piece of kosher meat, and 30 pieces of vegetables. On the one hand, one will taste the taste of meat in the 30 pieces of vegetables and since the taste of meat is comprised of both the kosher and non-Kosher it is forbidden. Yet, the Kereti assumes that this is permitted since the taste of the non-Kosher meat dispersed into sixty times its volume of Kosher ingredients. The Pri Megadim proves from the Taz OC 318:15 that it is forbidden. In OC M"Z 318:15 he points out that the Rama and Eliya Rabba seem to be lenient on this question as long as the forbidden ingredient wasn't sufficient on its own to give a taste because of Zeh Vezeh Gorem. Likutei Megadim quotes the Maharam Shik YD 114 who says that it is permitted since there's no way that something permitted can cause Chozer Vneer from the gemara Bechorot 20a. But there would be less than 60 it would be forbidden Biblically since the meat is tasted. He also quotes the Bet Yehuda 98:2 s.v. nireh who is lenient since the taste of the forbidden ingredient is masked by the permitted ingredient.</ref> | # If there's a mixture of like tasting ingredients and unlike tasting ingredients and the forbidden ingredient isn't recognizable. If (1) the volume of the like-tasting ingredient is equal to or less than the volume of the forbidden ingredient but (2) the volume of the permitted ingredients, both those of similar and dissimilar tastes, is sixty times that of the forbidden ingredient, some poskim hold that the the mixture is permitted, while others argue.<ref>The Pri Megadim (Shaar Hataarovet 3:1 s.v. vnistapakti) has a doubt about a case in which there's 1/2 a piece of nevelah meat, 1/2 a piece of kosher meat, and 30 pieces of vegetables. On the one hand, one will taste the taste of meat in the 30 pieces of vegetables and since the taste of meat is comprised of both the kosher and non-Kosher it is forbidden. Yet, the Kereti assumes that this is permitted since the taste of the non-Kosher meat dispersed into sixty times its volume of Kosher ingredients. The Pri Megadim proves from the Taz OC 318:15 that it is forbidden. In OC M"Z 318:15 he points out that the Rama and Eliya Rabba seem to be lenient on this question as long as the forbidden ingredient wasn't sufficient on its own to give a taste because of Zeh Vezeh Gorem. Likutei Megadim quotes the Maharam Shik YD 114 who says that it is permitted since there's no way that something permitted can cause Chozer Vneer from the gemara Bechorot 20a. But there would be less than 60 it would be forbidden Biblically since the meat is tasted. He also quotes the Bet Yehuda 98:2 s.v. nireh who is lenient since the taste of the forbidden ingredient is masked by the permitted ingredient.</ref> | ||
==Foods with a Higher Ratio of Nullification== | |||
#Certain prohibited foods require a higher ratio for nullification. For example, Trumah, [[Challah]], and Bikkurim require a 1 (forbidden) to 100 (permitted) ratio and Orlah and Kelayim require a 1 to 200 ratio. <ref>Rambam Machalot Assurot 15:13-4 </ref> | |||
==Awareness of the Nullification== | ==Awareness of the Nullification== | ||
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==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== | ||
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==Foods for which nullification doesn’t work== | ==Foods for which nullification doesn’t work== | ||
===Spices=== | |||
#Spices which were forbidden in it of themselves, such as [[Orlah]], are forbidden even if there's sixty times the amount of permitted food in the mixture.<ref>Rama YD 98:8. Shach 98:29 quotes the Iser Veheter who says that this is only rabbinic. Taz 98:11 holds that the idea of the Rama that something added for taste can't be nullified only applies to sharp tasting foods such as spices. Taz also states that if the spices are only forbidden because of the mixture, such as meat and milk, they can be nullified and only if they are forbidden in it of itself can't they be nullified. </ref> | #Spices which were forbidden in it of themselves, such as [[Orlah]], are forbidden even if there's sixty times the amount of permitted food in the mixture.<ref>Rama YD 98:8. Shach 98:29 quotes the Iser Veheter who says that this is only rabbinic. Taz 98:11 holds that the idea of the Rama that something added for taste can't be nullified only applies to sharp tasting foods such as spices. Taz also states that if the spices are only forbidden because of the mixture, such as meat and milk, they can be nullified and only if they are forbidden in it of itself can't they be nullified. </ref> | ||
===Dvar Sheyesh Lo Matirin=== | |||
#If the prohibited food will be permitted after a certain time, nullification doesn’t work unless it is mixed with a different type of food (different in name) in which case Bitul BeShishim is effective.<ref>Gemara Beitzah 3b, Rambam (Hilchot Maachalot Asurot 15:10), S”A YD 102:1 </ref> Therefore, [[Chadash]] grain can not be nullified. <ref>The Laws of Kashrus (Rabbi Binaymin Forst; pg 62) </ref> | #If the prohibited food will be permitted after a certain time, nullification doesn’t work unless it is mixed with a different type of food (different in name) in which case Bitul BeShishim is effective.<ref>Gemara Beitzah 3b, Rambam (Hilchot Maachalot Asurot 15:10), S”A YD 102:1 </ref> Therefore, [[Chadash]] grain can not be nullified. <ref>The Laws of Kashrus (Rabbi Binaymin Forst; pg 62) </ref> | ||
#Tevel (produce of [[Israel]] | #Tevel (produce of [[Israel]] from which Trumot and Maaserot have not been removed) can't be nullified in a like mixture since it is possible to fix by taking off the trumot and maaserot. It is however nullified when in a mixture of unlike ingredients.<ref>Gemara Nedarim 58a, Rambam Machalot Asurot 15:6</ref> | ||
#Chametz on [[Pesach]] | # Produce of Israel from the Shemitta (Sabbatical year) can’t be nullified unless it is mixed with a different type of food (different in name) in which case Bitul BeShishim is effective. <ref>Rambam Machalot Assurot 15:8. See Encyclopedia Talmudit s.v. Bitul Isurim which quotes a machloket rishonim if the rule that shemitta produce isn't nullified in any amount whether it applies only before the time of biyur (Ran Nedarim 58a, Raavad Machalot Asurot 15:6, Shemita 7:3), only after the time of biyur (Rash and Rav Shemitta 7:7) or both (Rambam). The Ran explains that Shemitta produce isn't nullified because it could all be eaten with Shemitta holiness and is a dvar sheyesh lo matirin.</ref> | ||
#A complete creature or limb, a piece of meat which is suitable to serve guests, items which are always sold by unit (eggs which are sold by the dozen), and a prominent item (that Chazal specified) can not be nullified. <ref>Shulchan Aruch YD 100, 101, | # Something which is forbidden to someone and for others would be considered permitted after a time according to some is considered dvar sheyesh lo matirin, while according to many isn't considered dvar sheyesh lo matirin for the person for whom it is forbidden. For example, if something was intentionally cooked on Shabbat and was mixed in another food it is a dispute whether that considered dvar sheyesh lo matirin.<ref>The Rama 102:4 quotes Rabbenu Yerucham that it isn't considered dvar sheyesh lo matirin if for someone else it is permitted after a time. However, the Magen Avraham 318:2 argues since it is permitted for someone else after a time and it is like bikkurim. However, the Chavot Daat 102 disputes that point. Mishna Brurah 318:5 and Badei Hashulchan 102:54 cite the dispute without any resolution.</ref> | ||
===Chametz=== | |||
#Chametz on [[Pesach]] can not be nullified in any amount. <ref>S”A OC 447 </ref> | |||
===Avoda Zara=== | |||
# Foods use to serve Avoda Zara can't be nullified.<ref>Shulchan Aruch YD 140</ref> | |||
# Wine poured to Avoda Zara can't be nullified.<ref>Rambam Machalot Asurot 15:6</ref> | |||
===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> | |||
# 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> | |||
See [[Checking for Bugs]] for more practical aspects of biryah. | |||
===Dvar Shebeminyan=== | |||
#A complete creature or limb, a piece of meat which is suitable to serve guests, items which are always sold by unit (eggs which are sold by the dozen), and a prominent item (that Chazal specified) can not be nullified. <ref>Shulchan Aruch YD 100, 101, Shulchan Aruch and Rama 110:1</ref> According to Ashkenazim a piece of meat which would be suitable to serve guests after being cooked is not able to be nullified and according to Sephardim only a piece of meat which is suitable to serve guests as of now (meaning, that it is cooked) is not able to be nullified. <ref>Shulchan Aruch and Rama 101:3, Taz 101:5 </ref> | |||
# An egg nowadays is considered a dvar shebeminyan according to many poskim.<ref>Ohel Yakov Isur Vheter p. 505 quotes Rav Sheinberg and Rav Nevinsal that eggs today are considered a dvar shebeminyan since they are sold by number. However, Rav Reuven Feinstein holds that it isn't a dvar shebeminyan since they only sell in it as a dozen for convenience but that is merely a sign of its weight.</ref> | |||
===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> | |||
# 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> | |||
# 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==== | |||
# 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> | |||
# 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 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. | |||
* 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> | |||
# Tagatose in diet slurpees is nullified. Therefore, some poskim would allow eating it with meat. Yet, others hold that the slurpee is dairy and as such the kashrut organizations mark it as dairy (see [https://www.star-k.org/resource/list/1PR911FW/7-Eleven_Kosher_Slurpee#pepsirabbicharlop Star-K on Diet Pepsi]).<ref>Firstly, tagatose could be parve since it is a sugar processed from dairy (see [KosherVeyosher.com http://www.kosherveyosher.com/lactose-reb-elyashiv-teshuva.html] based on Rav Elyashiv in Kovetz Teshuvot 1:73). Secondly, the tagatose could be nullified in sixty since it is permitted (Shulchan Aruch YD 87:11). | |||
[http://www.kosherveyosher.com/crc-slurpees.html Rabbi Sholem Fishbane] writes that after asking poskim there was a division if the slurpee was dairy even though the tagatose was nullified. He quotes Rav Gedalya Dov Schwartz as holding it was dairy.</ref> | |||
==Intentional Bitul== | ==Intentional Bitul== | ||
#It's forbidden to intentionally mix forbidden food into permissible food so that it should become nullified. <ref>Gemara Beitzah 4a, Shulchan Aruch YD 99:5. The Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8897&st=&pgnum=24 Isur Mashehu ch. 2]) considers this to be Biblically forbidden, while the Ran ([http://www.hebrewbooks.org/pdfpager.aspx?req=14310&st=&pgnum=609 Chullin 35b]) and [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=256 Rashba (Torat HaBayit 31b)] hold that it is derabbanan. See Bet Yosef Y"D 99, Shach 99:7, and Chachmat Adam 52:6 </ref> | #It's forbidden to intentionally mix forbidden food into permissible food so that it should become nullified. <ref>Gemara Beitzah 4a, Shulchan Aruch YD 99:5. The Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8897&st=&pgnum=24 Isur Mashehu ch. 2]) considers this to be Biblically forbidden, while the Ran ([http://www.hebrewbooks.org/pdfpager.aspx?req=14310&st=&pgnum=609 Chullin 35b]) and [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=256 Rashba (Torat HaBayit 31b)] hold that it is derabbanan. See Bet Yosef Y"D 99, Shach 99:7, and Chachmat Adam 52:6 </ref> | ||
##If one did so intentionally, the food is forbidden for the person who did the nullification and his family as well as the person on whose behalf it was done and his family.<ref>The Yerushalmi Orlah 3:6 states that if a person did nullify a prohibited item, if done so intentionally it is forbidden if unintentionally it is permitted. This is echoed in the opinions of Rabbi Shimon and Rabbi Yose in Gittin 54b. The Rambam (Maachalot Asurot 15:25, according to the Bet Yosef 99:5), [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=256 Rashba (Torat HaBayit 31b)], and Tur 99:5 codify this as the halacha. Shulchan Aruch YD 99:5 concurs. The [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=257 Rashba (Torat HaBayit 32a)] writes that the food is forbidden for the person doing the nullification as well as the one for whom it was does on his behalf so that he doesn't benefit from his sinful actions. The Rashba cites the Rambam and Raavad in agreement with this idea. Shulchan Aruch YD 99:5 codifies this. Additionally, the Maharshal cited by the Taz 99:10 writes that anytime it is forbidden for the person it is also forbidden for his whole family. The Kaf HaChaim 99:45 agrees. See Kaf HaChaim 99:46 regarding the dispute whether the penalty against one who did nullification includes the pot as well. </ref> If the person on whose behalf it was done didn't know about it, it is permitted for him.<ref>Taz 99:10, Kaf HaChaim 99:44</ref> | ##If one did so intentionally, the food is forbidden for the person who did the nullification and his family as well as the person on whose behalf it was done and his family.<ref>The Yerushalmi Orlah 3:6 states that if a person did nullify a prohibited item, if done so intentionally it is forbidden if unintentionally it is permitted. This is echoed in the opinions of Rabbi Shimon and Rabbi Yose in Gittin 54b. The Rambam (Maachalot Asurot 15:25, according to the Bet Yosef 99:5), [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=256 Rashba (Torat HaBayit 31b)], and Tur 99:5 codify this as the halacha. Shulchan Aruch YD 99:5 concurs. The [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=257 Rashba (Torat HaBayit 32a)] writes that the food is forbidden for the person doing the nullification as well as the one for whom it was does on his behalf so that he doesn't benefit from his sinful actions. The Rashba cites the Rambam and Raavad in agreement with this idea. Shulchan Aruch YD 99:5 codifies this. Additionally, the Maharshal cited by the Taz 99:10 writes that anytime it is forbidden for the person it is also forbidden for his whole family. The Kaf HaChaim 99:45 agrees. See Kaf HaChaim 99:46 regarding the dispute whether the penalty against one who did nullification includes the pot as well. </ref> If the person on whose behalf it was done didn't know about it, it is permitted for him.<ref>Taz 99:10, Kaf HaChaim 99:44</ref> | ||
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#If a forbidden ingredient falls into kosher food one may not increase the ratio of kosher food to non-kosher in order to nullify the non-kosher. <ref>Shulchan Aruch Y"D 99:5 </ref> | #If a forbidden ingredient falls into kosher food one may not increase the ratio of kosher food to non-kosher in order to nullify the non-kosher. <ref>Shulchan Aruch Y"D 99:5 </ref> | ||
#A mixture which was permitted because of nullification of majority and one wishes to cook it together which would make it forbidden, one may intentionally add more permitted ingredients so that there would be 60 times the forbidden ingredient before one cooks it and the cooked mixture would be permitted. <ref>Shulchan Aruch YD 109:2 based on the Raah. The Taz 109:3 and Shach 109:13 explain that the logic for this is that since the mixture is currently permitted it is permitted to add as much as one wishes even though it is preventing an forbidden item from prohibiting the mixture later upon cooking it.</ref> | #A mixture which was permitted because of nullification of majority and one wishes to cook it together which would make it forbidden, one may intentionally add more permitted ingredients so that there would be 60 times the forbidden ingredient before one cooks it and the cooked mixture would be permitted. <ref>Shulchan Aruch YD 109:2 based on the Raah. The Taz 109:3 and Shach 109:13 explain that the logic for this is that since the mixture is currently permitted it is permitted to add as much as one wishes even though it is preventing an forbidden item from prohibiting the mixture later upon cooking it.</ref> | ||
#Some say that if a rabbinically forbidden item fell into a mixture it is permitted to add more permitted ingredients in order to create nullification. Ashkanzim are stringent not to do so.<ref>Shulchan Aruch YD 99:6 permits adding to a mixture with a rabbinically forbidden item in order to permit it with nullification. This is based on the Gemara Beitzah 4b. The Rama, however, argues that it is forbidden to do so. See Shulchan Aruch OC 677:4 who seems to forbid as well. Kaf HaChaim 99:68 writes that the Sephardi minhag is to follow Shulchan Aruch and allow nullification on derabbanan prohibitions by adding to the mixture.</ref> | #Some say that if a rabbinically forbidden item fell into a mixture it is permitted to add more permitted ingredients in order to create nullification. Ashkanzim are stringent not to do so but in a case of a major loss a rabbi should be consulted.<ref>Shulchan Aruch YD 99:6 permits adding to a mixture with a rabbinically forbidden item in order to permit it with nullification. This is based on the Gemara Beitzah 4b. The Rama, however, argues that it is forbidden to do so. See Shulchan Aruch OC 677:4 who seems to forbid as well. Kaf HaChaim 99:68 writes that the Sephardi minhag is to follow Shulchan Aruch and allow nullification on derabbanan prohibitions by adding to the mixture. Pri Megadim Siftei Daat 99:17 writes that once a few barrels of chametz liquor made on Pesach was mixed with a barrel of liquor made afterwards since it was a major loss it was permitted to add more in order to create the nullification.</ref> | ||
##Therefore, a person should be careful never to try to use nullification without asking a qualified rabbi.<ref>The Laws of Kashrut (p. 75). See Pitchei Teshuva 99:5 regarding a person who asked an unqualified rabbi and he ruled incorrectly that it is considered intentional. See, however, Kaf HaChaim 99:39.</ref> | ##Therefore, a person should be careful never to try to use nullification without asking a qualified rabbi.<ref>The Laws of Kashrut (p. 75). See Pitchei Teshuva 99:5 regarding a person who asked an unqualified rabbi and he ruled incorrectly that it is considered intentional. See, however, Kaf HaChaim 99:39.</ref> | ||
#A person may not ask a non-Jew to perform nullification for him. After the fact some hold it is forbidden and some disagree.<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 we are lenient.</ref> | #A person may not ask a non-Jew to perform nullification for him. After the fact some hold it is forbidden and some disagree.<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 we are lenient.</ref> | ||
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==Noten Taam Lifgam== | ==Noten Taam Lifgam== | ||
# If the taste of a forbidden food negatively impacts a mixture that it fell into the mixture is permitted.<ref>Shulchan Aruch YD 103:1</ref> | # If the taste of a forbidden food negatively impacts a mixture that it fell into the mixture is permitted.<ref>Shulchan Aruch YD 103:1. The two major approaches as to why it is permitted is that of the Ran and that of the Rashba. Ran Avoda Zara 67a explains that one may not benefit from something non-kosher and so if it is intact it is forbidden unless it isn't fit for human consumption. However, if its taste is absorbed in a mixture it is permitted as long as it imparts a negative taste since one isn't benefiting from the non-kosher addition. The Rashba Torat Habayit Haaruch 19a argues that the item itself is permitted only if it is inedible and loses its status of a food. But if it is mixed into a mixture it is permitted since there is a nullification of the substance of the food with a simple majority and the taste of the non-kosher doesn't make the mixture forbidden as long as the taste is negative. The concept that a taste is forbidden even if it is nullified by a majority doesn't apply to negative tastes. | ||
* Rabbi Akiva Eiger (Chidushim Chullin 97b n. 7) applies the idea of Rashba requiring a majority even to the absorptions in pots. The Bet Yehoshua 102:6 argues that it only applies to absorptions in foods or foods that were dissolved but not absorptions in pots. Based on his understanding he answers the question of Rabbi Akiva Eiger 1:27 on Shach 102:8.</ref> | |||
# For example, bugs that fell into a food and were removed the food is permitted since the taste imparted by the bugs is negative.<ref>The Maharshal (Yam Shel Shlomo 7:48) learns from the Rambam (Maachalot Asurot 15:31) that a mouse in any liquid besides wine, honey, or oil which need to smell nice to be edible are forbidden. There isn't a leniency of noten taam lifgam for a mouse falling into any liquid. Similarly, in 7;49 he is strict about bugs falling into any liquid since we're not sure whether it imparts a negative taste. He admits that the Ran learns that the taste of a mouse is always negative besides for beer and vinegar and the Rashba (Torat Habayit Hakatzar 16b) holds that tastes of bugs are negative for all foods, he disagrees. Taz cites this Maharshal who disputes the Shulchan Aruch 104:3 codifying the Rashba.</ref> | # For example, bugs that fell into a food and were removed the food is permitted since the taste imparted by the bugs is negative.<ref>The Maharshal (Yam Shel Shlomo 7:48) learns from the Rambam (Maachalot Asurot 15:31) that a mouse in any liquid besides wine, honey, or oil which need to smell nice to be edible are forbidden. There isn't a leniency of noten taam lifgam for a mouse falling into any liquid. Similarly, in 7;49 he is strict about bugs falling into any liquid since we're not sure whether it imparts a negative taste. He admits that the Ran learns that the taste of a mouse is always negative besides for beer and vinegar and the Rashba (Torat Habayit Hakatzar 16b) holds that tastes of bugs are negative for all foods, he disagrees. Taz cites this Maharshal who disputes the Shulchan Aruch 104:3 codifying the Rashba.</ref> | ||
# Meat in oil is considered by some to be contributing a negative taste and if the meat is forbidden and its taste gets mixed into the oil it is permitted, while others disagree.<ref>The Rambam and Shulchan Aruch 103:4 hold that meat in oil imparts a negative taste and if its taste gets into the oil it is permitted. Shach 102:14 quotes Tosfot avoda zara 38b and many other rishonim who disagree. Shach concludes that we need to be strict. See Badei Hashulchan Biurim on 102:4 who asks why we can't discern what is considered noten tama lifgam based on our tastes.</ref> | |||
# Meat in honey according to many poskim is considered to impart a positive taste.<ref>The Rambam and Shulchan Aruch 102:4 write that meat in honey imparts a negative taste. Bet Yosef qualifies the Rambam to plain meat but not spiced meat. Rama 102:4 writes that it only imparts a negative taste into mead but not real honey. Shach 103:14 quotes others who agree with the Rama.</ref> | |||
# A forbidden food which spoiled and became inedible is Biblically permitted but rabbinically forbidden.<ref>The [http://www.hebrewbooks.org/pdfpager.aspx?req=44929&st=&pgnum=144 Minchat Cohen Tarovet 1:9] writes that the Rambam Machalot Asurot 14:11 implies that eating forbidden food which is inedible is Biblically permitted but forbidden rabbinically. He says further that it is even rabbinically permitted if it is mixed into a mixture even if there is a majority of forbidden ingredients as is evident from Shulchan Aruch 103:1. Pri Megadim M"Z 103:1 cites this.</ref> | |||
==Absorbed Taste in Utensils== | ==Absorbed Taste in Utensils== | ||
#If food was cooked in a pot which was previously used for forbidden food within the same day, the food is forbidden unless the volume of the food is sixty times greater than the volume of the pot. Similarly, if a hot food was mixed with a utensil which absorbed forbidden flavors, the food is forbidden unless the volume of the food is sixty times greater than the volume of the part of the utensil which entered into the food. <ref>Shulchan Aruch YD 98:4. | #If food was cooked in a pot which was previously used for forbidden food within the same day, the food is forbidden unless the volume of the food is sixty times greater than the volume of the pot. Similarly, if a hot food was mixed with a utensil which absorbed forbidden flavors, the food is forbidden unless the volume of the food is sixty times greater than the volume of the part of the utensil which entered into the food. <ref>Shulchan Aruch YD 98:4. | ||
*Rabbenu Peretz (cited by Tur YD 98:4) held that if a metal utensil is partially inside the hot food the entire utensil becomes hot and imparts taste to the food, however, the Tur disagrees. Rama YD 98:4 rules like the Tur. Kaf HaChaim 98:56 writes that one should be strict for Rabbenu Peretz unless there is a large loss. | *Rabbenu Peretz (cited by Tur YD 98:4) held that if a metal utensil is partially inside the hot food the entire utensil becomes hot and imparts taste to the food, however, the Tur disagrees. Rama YD 98:4 rules like the Tur. Kaf HaChaim 98:56 writes that one should be strict for Rabbenu Peretz unless there is a large loss. | ||
*Kaf HaChaim 98:48 explains that when discussing food cooked in a forbidden pot we always consider as though the entire pot imparted forbidden taste even if the food only cooked in half of the pot since there is hot moisture which spreads the forbidden taste throughout the pot.</ref> | *Kaf HaChaim 98:48 explains that when discussing food cooked in a forbidden pot we always consider as though the entire pot imparted forbidden taste even if the food only cooked in half of the pot since there is hot moisture which spreads the forbidden taste throughout the pot.</ref> | ||
===Chanan in Keilim=== | |||
#If a meat spoon was last used for meat more than 24 hours earlier, then is used for milk that day, and is again used for meat that day, the spoon is considered to have only absorbed up to the volume of the milk that it was used for that day. Some are strict to assume that the spoon absorbed up to the full volume of the spoon if it is made of earthenware. <ref>Shulchan Aruch YD 98:5 and Rama, see next note.</ref> | #If a meat spoon was last used for meat more than 24 hours earlier, then is used for milk that day, and is again used for meat that day, the spoon is considered to have only absorbed up to the volume of the milk that it was used for that day. Some are strict to assume that the spoon absorbed up to the full volume of the spoon if it is made of earthenware. <ref>Shulchan Aruch YD 98:5 and Rama, see next note.</ref> | ||
#If a meat spoon was last used for meat with 24 hours, then is used for milk that day, and is again used for meat that day, the spoon is considered to have only absorbed up to the full volume of the spoon. Some are lenient in a case of great loss and the spoon isn’t made of earthenware.<ref>The Rashba (Torat HaBayit 1b) writes that if a new spoon was used for a prohibited food or a meat spoon was last used for meat more than 24 hours earlier and is then used for milk that day, then it is considered to only have absorbed the taste of the amount of milk it was used for. However, if it was used for meat within 24 hours, then is used for milk and again for meat, then we consider the spoon to having absorbed the forbidden taste up to the full volume of the spoon. He cites the Ramban as holding that a utensil never becomes completely forbidden and only ever receives the amount of forbidden taste it absorbed even if that was within 24 hours. The Bet Yosef 98:5 understands that the Tur follows the Rashba, while the Ran follows the Ramban. Shulchan Aruch YD 98:5 and Rama rule like Rashba. Kaf HaChaim 98:65 agrees. Shach 98:21 rules that in cases of great loss one can rely on the opinion of the Ramban. | #If a meat spoon was last used for meat with 24 hours, then is used for milk that day, and is again used for meat that day, the spoon is considered to have only absorbed up to the full volume of the spoon. Some are lenient in a case of great loss and the spoon isn’t made of earthenware.<ref>The Rashba (Torat HaBayit 1b) writes that if a new spoon was used for a prohibited food or a meat spoon was last used for meat more than 24 hours earlier and is then used for milk that day, then it is considered to only have absorbed the taste of the amount of milk it was used for. However, if it was used for meat within 24 hours, then is used for milk and again for meat, then we consider the spoon to having absorbed the forbidden taste up to the full volume of the spoon. He cites the Ramban as holding that a utensil never becomes completely forbidden and only ever receives the amount of forbidden taste it absorbed even if that was within 24 hours. The Bet Yosef 98:5 understands that the Tur follows the Rashba, while the Ran follows the Ramban. Shulchan Aruch YD 98:5 and Rama rule like Rashba. Kaf HaChaim 98:65 agrees. Shach 98:21 rules that in cases of great loss one can rely on the opinion of the Ramban. | ||
*The Taz 98:8 understands the Mordechai cited by the Rama to say that if an earthenware spoon is used it becomes forbidden up to the full volume of the spoon even if was only used for a certain amount. He concludes that one should be strict for the Mordechai.</ref> | |||
===Pots used for Non-Kosher Dvar Pogem=== | |||
#If kosher food was cooked with non-kosher but the non-kosher ingredient makes the mixture taste worse, the food is permitted but the pot and spoon used for that cooking needs to koshered.<ref>Rama 103:2. The Badei Hashulchan 103:28 cites the Gra who explains the reason is that the rabbis forbade using this pot for something for which it will taste good and forbid it.</ref> | |||
#If kosher food was cooked with non-kosher but the non-kosher ingredient makes the mixture taste worse, the spoon used to mix that food while it was on the fire would need to be koshered, however, if that spoon was then used to stir another pot that other food would be kosher and the second pot wouldn't need to be koshered.<ref>Rama 103:2, Badei Hashulchan 103:38</ref> | |||
===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 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> | |||
# 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=== | |||
#If | # 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== | ||
<references /> | <references /> | ||
[[Category:Kashrut]] | [[Category:Kashrut]] | ||
