Nullification: Difference between revisions

# For example, if a piece of meat is found in a community with 10 stores, 9 of which are kosher, and 1 is non-kosher that piece is considered kosher since it is judged by the majority of stores. There is a large dispute regarding whether we judge the majority by the amount of stores or by the overall quantity of meat being sold at each store and if the majority of the total meat sold in all ten stores is kosher the piece is kosher.<Ref>The Binat Adam (Shaar Hakavuah n. 16) writes that the majority for a piece of meat found in the street is determined by the majority of the total amount of meat sold in all of the stores. He explains that the more meat that the likeliness of the meat coming from the kosher stores depends on the amount of kosher meat that transverses this location. His proof is Shekalim 7:1 which according to the Bartenuro depends on the amount of coins that are for korbanot and those designated as shekalim as opposed to the number of buckets designated for each. The Chavot Daat (YD Biurim 110:3) disagrees and holds that the determination of the majority depends on the amount of stores and not the amount of meat. Pitchei Teshuva YD 110:2 cites a large dispute about this question with most holding like the chavot daat. Shaarei Yosher 4:9 explains that the explanation of the Chavot Daat is that the status of the piece of meat became a  doubt the minute it left the store it departed from. Therefore, the majority is coming to determine where the piece of meat left from and not the objective status of the piece of meat. He answers Shekalim by applying the principle that a majority made up of disparate part isn't considered a majority at all. See Rama CM 25 and Nodeh Beyehuda CM 2:3. [https://www.hebrewbooks.org/pdfpager.aspx?req=294&pgnum=126 Milchamot Yehuda (Chidushim ch. 7)] explains that this dispute is comparable to the dispute about how to determine a majority for dry solid cold pieces. The dispute is regarding whether a majority depends on the quantity of the pieces of meat or to the total volume of the pieces. Similarly, those who think that a majority is amount determining simply majority of the stores regardless of the quantity would likewise consider a majority for the stores without regard to the amount of meat sold in each store. That dispute is quoted in Pitchei Teshuva 109:1 and Chazon Ish. He also compares this dispute to the question of whether halacha is determining by the simple majority of rabbis and whether that depends on the greatness of the rabbis or not. If the quality and greatness of the rabbis aren't of concern that would correspond with the approach that a majority of pieces irrelevant of size and quantity of stores irrelevant of amount of meat sold there form a majority (see Yevamot 14a, Yad Malachi 230-1, Chinuch n. 78). Meor Yisrael Pesachim 7a and footnotes to Tosfot Harosh and Maharam Chalavah discuss if Tosfot Pesachim 7a is a proof against the Binat Adam.</ref>