Nullification: Difference between revisions
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→Dvar Sheyesh Lo Matirin
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#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> | #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> | ||
#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> | #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> | ||
#A majority that isn’t in front of us to ascertain (''ruba dlayta kaman'') is effective even for a dvar sheyesh lo matirin.<ref>Ran Beitzah 3b s.v. vdavka, Rabbenu Peretz Pesachim 7a s.v. bhar, Ritva Pesachim 7a s.v. , Tzlach Pesachim 7a s.v. ulbatar, Peni Yehoshua Pesachim 7a s.v. btosfot lifnei, Mordechai Beitzah n. 651. See Rashba (Avodat Hakodesh Bet Moed 5:4:58) who is strict on a ruba dlayta kaman for a dvar sheyesh lo matirin. Though it seems there that it is only a minhag, Maggid Mishna Yom Tov 4:24 quotes the Rashba as holding it is asur. See however, Rashba Beitzah 7b s.v. ki who sounds like he’s lenient. Magen Avraham 513:3 is strict.</ref> | #A majority that isn’t in front of us to ascertain (''ruba dlayta kaman'') is effective even for a dvar sheyesh lo matirin.<ref>Ran Beitzah 3b s.v. vdavka, Rabbenu Peretz Pesachim 7a s.v. bhar, Ritva Pesachim 7a s.v. umi, Tzlach Pesachim 7a s.v. ulbatar, Peni Yehoshua Pesachim 7a s.v. btosfot lifnei, Mordechai Beitzah n. 651. See Rashba (Avodat Hakodesh Bet Moed 5:4:58) who is strict on a ruba dlayta kaman for a dvar sheyesh lo matirin. Though it seems there that it is only a minhag, Maggid Mishna Yom Tov 4:24 quotes the Rashba as holding it is asur. See however, Rashba Beitzah 7b s.v. ki who sounds like he’s lenient. Magen Avraham 513:3 is strict.</ref> | ||
#''Kol dparish'' is effective even for dvar sheyesh lo matirin.<Ref>Pitchei Teshuva 102:1, Tzlach Pesachim 7a s.v. ulbatar</ref> | #''Kol dparish'' is effective even for dvar sheyesh lo matirin.<Ref>Pitchei Teshuva 102:1, Tzlach Pesachim 7a s.v. ulbatar</ref> | ||
