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Nullification: Difference between revisions
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==Foods for which nullification doesn’t work== | ==Foods for which nullification doesn’t work== | ||
# Items for which nullification is ineffective because it is significant can be nullified when it falls into one mixture and one of that mixture falls into a second mixture and then one of the second mixture falls into a third mixture.<ref>Shulchan Aruch YD 110:8 | |||
* Zevachim 74a cites a dispute between rav and shmuel whether two rov’s are sufficient to permit a prohibition for which bitul is ineffective. Rav is lenient, while Shmuel is strict for Avoda Zara. Rambam Machalot Asurot 8:11 follows Rav unlike the Raavad who follows Shmuel. | |||
* Rambam seemingly contradicts himself whether a second or third mixture is necessary. Kesef Mishna Avoda Zara 7:10 answers for the Rambam that the nullification of rimonim of trumah might be taken lightly so we're stricter. Alternatively it is like a dvar sheyesh lo matirin since there's something that can be done to solve the issue if they were broken. However, the Gra answers that the Rambam thinks that you need three tarovot whenever we’re discussing something that isn’t batel since the rabbis treated the first tarovet as though it was certainly forbidden. Then you need another two mixtures to be lenient. However, the reason that avoda zara isn’t nullified is because safek avoda zara is forbidden and as such a double rov is sufficient. | |||
* Rashba holds that they’re permitted in the second mixture Bet Yosef posts that even according to the Rashba one couldn’t eat all of the pieces of the second mixture simultaneously because of his opinion cited in S”A 109:1. | |||
* Rashi holds that the second mixture is forbidden unless something of it falls out into another mixture. That is because Rashi a”z 74a generally holds that bitul requires something to be removed for the mixture. Birchat Hazevach explains rashi similarly. However, Chok Natan explains that Rashi holds that unless there’s another mixture it is a problem since the third mixture creates another safek. | |||
* Tosfot posits that really you can be lenient with the second mixture you just can’t eat the entire thing. However, if there are is a third mixture you can benefit from all of them. | |||
* Rashi kitvei yad writes that the second mixture is completely permitted. | |||
* Shulchan Aruch YD 110:8 rules that a third mixture is necessary like Rambam Machalot Asurot 8:11. Shach 110:50 writes that in a case of loss one can follow Tosfot.</ref> | |||
===Spices=== | ===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=== | ===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> | ||
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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> | |||
# 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== | ||
