Nullification: Difference between revisions
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==Introduction to Taste of Forbidden Foods== | ==Introduction to Taste of Forbidden Foods== | ||
#There’s a dispute between Rashi<ref>Rashi chullin 98b</ref> and Tosfot<ref>Tosfot Chullin 98b s.v. Rava based on the Gemara Pesachim 44b which derives from the pasuk that bread with the taste of wine is biblically forbidden to a nazir.</ref> whether we consider the taste of a forbidden food like the actual forbidden food itself on a biblical level or only on a rabbinic level. Rashi holds it is only rabbinic and Tosfot holds it is biblical. One ramification of this is if there’s a mixture of a forbidden food in a liquid mixture of another taste which was permitted, if it is unclear whether there is sixty times the volume<ref>Badei Hashulchan 98:12 rules that nullification depends on the volume and not weight.</ref> of the forbidden food according to Rashi it is permitted and according to Tosfot it is forbidden. We hold like Tosfot. <ref>Shulchan Aruch 98:1-2, Badei Hashulchan 98:1. Bet Yosef 98:1 argues that Rashi would agree that if there's a proportion of a kezayit within a pras of the mixture it is | #There’s a dispute between Rashi<ref>Rashi chullin 98b</ref> and Tosfot<ref>Tosfot Chullin 98b s.v. Rava based on the Gemara Pesachim 44b which derives from the pasuk that bread with the taste of wine is biblically forbidden to a nazir.</ref> whether we consider the taste of a forbidden food like the actual forbidden food itself on a biblical level or only on a rabbinic level. Rashi holds it is only rabbinic and Tosfot holds it is biblical. One ramification of this is if there’s a mixture of a forbidden food in a liquid mixture of another taste which was permitted, if it is unclear whether there is sixty times the volume<ref>Badei Hashulchan 98:12 rules that nullification depends on the volume and not weight.</ref> of the forbidden food according to Rashi it is permitted and according to Tosfot it is forbidden. We hold like Tosfot. <ref>Shulchan Aruch 98:1-2, Badei Hashulchan 98:1. Bet Yosef 98:1 argues that Rashi would agree that if there's a proportion of a kezayit within a pras of the mixture it is biblically forbidden. Even though Rashi Avoda Zara 67b isn't clear that he agrees, the Ritva Avoda Zara 67a s.v. amar agrees with the Bet Yosef. See Pesachim 44a as well.</ref> | ||
#A food that fell into a mixture and was nullified and then falls into another mixture that second mixture is also forbidden unless there’s nullification. <ref>Gemara Chullin 108b, Rama 98:4</ref> However, if that item fell back into that same mixture it is still nullified with the original sixty times the forbidden item.<ref>Rama 98:4. See Badei Hashulchan 98:61 who explains why we don’t assume that the forbidden taste reawakens when the forbidden item falls in again.</ref> | #A food that fell into a mixture and was nullified and then falls into another mixture that second mixture is also forbidden unless there’s nullification. <ref>Gemara Chullin 108b, Rama 98:4</ref> However, if that item fell back into that same mixture it is still nullified with the original sixty times the forbidden item.<ref>Rama 98:4. See Badei Hashulchan 98:61 who explains why we don’t assume that the forbidden taste reawakens when the forbidden item falls in again.</ref> | ||
#Forbidden foods require sixty times for nullification even if it less than the requisite amount of a [[kezayit]].<ref>Shulchan Aruch 98:6</ref> | #Forbidden foods require sixty times for nullification even if it less than the requisite amount of a [[kezayit]].<ref>Shulchan Aruch 98:6</ref> | ||
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===Min Bmino Veino Mino=== | ===Min Bmino Veino Mino=== | ||
#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 | #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 | #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== | ==Foods with a Higher Ratio of Nullification== | ||
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==Awareness of the Nullification== | ==Awareness of the Nullification== | ||
#A necessary factor for nullification to take place is that a person must realize that the nullification occurred. However, if a person doesn't realize that the nullification occurred until the situation is further complicated the original nullification is ineffective.<ref>Mishna Trumot 5:8, Rosh Chullin 7:37</ref> Most poskim say that the requirement of awareness is | #A necessary factor for nullification to take place is that a person must realize that the nullification occurred. However, if a person doesn't realize that the nullification occurred until the situation is further complicated the original nullification is ineffective.<ref>Mishna Trumot 5:8, Rosh Chullin 7:37</ref> Most poskim say that the requirement of awareness is biblical,<ref>The Shach 109:12 writes that without an awareness of the mixture biblically there isn't nullification. Pri Chadash 109:10 agrees. Chachmat Adam 51:18 and Kaf Hachaim 109:45 agree with the Shach and disproves the Minchat Yaakov.</ref> while some argue it is only rabbinic.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14623&st=&pgnum=81 Minchat Yaakov 39:18]</ref> | ||
#For example, if one piece of non-Kosher meat was mixed with two Kosher pieces and before he realized that non-Kosher was mixed up with the Kosher pieces he cooked them all together they are all considered non-Kosher. However, if he realized that the non-Kosher was mixed up with the Kosher pieces before it was cooked then nullification occurred and all of them are considered Kosher even if they are then cooked together.<ref>Rama 109:2</ref> Practically, many poskim are strict in this case since the taste of the forbidden piece mixture reawakens the nullified prohibition (Chozer Vneer).<ref>Shulchan Aruch YD 109:2 is strict. Kaf Hachaim 109:40 agrees even if there's great loss. Rama is lenient in cases of great loss.</ref> | #For example, if one piece of non-Kosher meat was mixed with two Kosher pieces and before he realized that non-Kosher was mixed up with the Kosher pieces he cooked them all together they are all considered non-Kosher. However, if he realized that the non-Kosher was mixed up with the Kosher pieces before it was cooked then nullification occurred and all of them are considered Kosher even if they are then cooked together.<ref>Rama 109:2</ref> Practically, many poskim are strict in this case since the taste of the forbidden piece mixture reawakens the nullified prohibition (Chozer Vneer).<ref>Shulchan Aruch YD 109:2 is strict. Kaf Hachaim 109:40 agrees even if there's great loss. Rama is lenient in cases of great loss.</ref> | ||
#Awareness isn't necessary for the principle of Kol Dparish. That is, if an item is removed from a mixture and considered Kosher based on the majority of the mixture which it came from, it is Kosher even if the person wasn't aware of this until the situation became more complicated.<ref>[https://books.google.com/books?id=Ht8_AAAAYAAJ&pg=PT177&lpg=PT177&dq=%D7%99%D7%93%D7%99%D7%A2%D7%AA+%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA+%D7%9B%D7%9C+%D7%93%D7%A4%D7%A8%D7%99%D7%A9&source=bl&ots=y-w_8X-v6m&sig=mb4twoFM1VNYgv_iXq0klGtnxro&hl=en&sa=X&ved=0ahUKEwjs072ypaDcAhVETd8KHVjxD6cQ6AEILDAA#v=onepage&q=%D7%99%D7%93%D7%99%D7%A2%D7%AA%20%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA%20%D7%9B%D7%9C%20%D7%93%D7%A4%D7%A8%D7%99%D7%A9&f=false Binyamin Zeev (Kuntres Acharon n. 14)], Rav Poalim YD 1:23 s.v. Vachar, Chazon Ish 37:20. Minchat Pittim (Rav Meir Arik YD 8) writes that Kol Dparish doesn't require awareness for it to be effective. He proves it from the Ran Chullin 33b s.v. amar. Darkei Teshuva 110:59 cites the Minchat Pittim.</ref> Some poskim disagree and require awareness even for Kol Dparish to be effective.<ref>Binat Adam Bet Hakavuah n. 13</ref> | #Awareness isn't necessary for the principle of Kol Dparish. That is, if an item is removed from a mixture and considered Kosher based on the majority of the mixture which it came from, it is Kosher even if the person wasn't aware of this until the situation became more complicated.<ref>[https://books.google.com/books?id=Ht8_AAAAYAAJ&pg=PT177&lpg=PT177&dq=%D7%99%D7%93%D7%99%D7%A2%D7%AA+%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA+%D7%9B%D7%9C+%D7%93%D7%A4%D7%A8%D7%99%D7%A9&source=bl&ots=y-w_8X-v6m&sig=mb4twoFM1VNYgv_iXq0klGtnxro&hl=en&sa=X&ved=0ahUKEwjs072ypaDcAhVETd8KHVjxD6cQ6AEILDAA#v=onepage&q=%D7%99%D7%93%D7%99%D7%A2%D7%AA%20%D7%94%D7%AA%D7%A2%D7%A8%D7%95%D7%91%D7%AA%20%D7%9B%D7%9C%20%D7%93%D7%A4%D7%A8%D7%99%D7%A9&f=false Binyamin Zeev (Kuntres Acharon n. 14)], Rav Poalim YD 1:23 s.v. Vachar, Chazon Ish 37:20. Minchat Pittim (Rav Meir Arik YD 8) writes that Kol Dparish doesn't require awareness for it to be effective. He proves it from the Ran Chullin 33b s.v. amar. Darkei Teshuva 110:59 cites the Minchat Pittim.</ref> Some poskim disagree and require awareness even for Kol Dparish to be effective.<ref>Binat Adam Bet Hakavuah n. 13</ref> | ||
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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, Rabbenu Dovid Pesachim 9b, 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> | ||
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==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 | #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> | ||
##Others, however, may benefit from the mixture if it wasn't done specifically for their sake. <ref>Shulchan Aruch YD 99:5 </ref> | ##Others, however, may benefit from the mixture if it wasn't done specifically for their sake. <ref>Shulchan Aruch YD 99:5 </ref> | ||
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#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 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> | #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> | ||
#Sephardim hold that Chametz is permitted with the laws of Noten Taam Lifgam. Ashkenazim are strict.<ref>Shulchan and Rama O.C. 447:10. Rashbetz (Maamer Chametz 50-51) is lenient.</ref> | #Sephardim hold that Chametz is permitted with the laws of Noten Taam Lifgam. Ashkenazim are strict.<ref>Shulchan and Rama O.C. 447:10. Rashbetz (Maamer Chametz 50-51) is lenient.</ref> | ||
#In order to strain raw honey from the bee parts it needs to be heated up. Even though the heating up cooks the parts of bees in the honey it remains kosher since the taste from the bee parts is noten taam lifgam.<ref>Sharei Dura 65:1. Hagahot Shaarei Dura 65:1 quotes this also from the Yereyim 69 and Mordechai 674. This is codified by Shulchan Aruch Y.D. 81:7 and is further explained by the [https://www.star-k.org/articles/kashrus-kurrents/624/do-bee-dont-bee/ Star-K].</ref> | #In order to strain raw honey from the bee parts it needs to be heated up. Even though the heating up cooks the parts of bees in the honey it remains kosher since the taste from the bee parts is noten taam lifgam.<ref>Sharei Dura 65:1. Hagahot Shaarei Dura 65:1 quotes this also from the Yereyim 69 and Mordechai 674. This is codified by Shulchan Aruch Y.D. 81:7 and is further explained by the [https://www.star-k.org/articles/kashrus-kurrents/624/do-bee-dont-bee/ Star-K].</ref> | ||
==Inedible Forbidden Foods (''Nifsal Machila'')== | |||
#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 Y.D. 103:1. Pri Megadim M"Z 103:1 cites this.</ref> | |||
# If someone eats forbidden foods that are made completely inedible it is nonetheless a rabbinic prohibition. The rabbinic is classically known as ''achshevey'' (Hebrew: אחשביה, lit. he made it important) it is considered as though he considered it edible since he intentionally eating it.<ref> | |||
* Those who hold of achshevey: Rosh Pesachim 2:1 writes that if someone ate burnt chametz that wasn't edible even to a dog violates a prohibition since he made it significant by eating it. This is further explained by the Trumat Hadeshen responsa 129 and codified by Shulchan Aruch O.C. 442:9. | |||
* Those who don't hold of achshevey at all: Baal Hameor (on Rif Pesachim 5b s.v. ha) explains that chametz which is burnt and inedible is permitted to be eaten. The Maharam Chalavah (Pesachim 21b s.v. vamar), Michtam (Pesachim 21b s.v. lo), Ritva (Pesachim 21b s.v. vamar), Ran (Pesachim 21b s.v. charcho), Talmid HaRashba (Pesachim 21b s.v. charcho), Ri Mnarvona (Pesachim 21b s.v. shcharcho), and Rabbenu Dovid (Pesachim 21b s.v. vamar) agree. The Ritva quotes our teachers and he could be referring to the Raah (footnotes to kovetz klilat yofey). Based on the language of the Rabbenu Dovid it is possible that the Ramban agrees as well. This seems also to be the opinion of the Raavad (on Rif 5b s.v. ha). | |||
* Those who hold it is only rabbinic: Taz 442:8, Mishna Brurah 442:43. Taz explains that it can't be a biblical prohibition since it is ''shelo kderech achila'' (Hebrew:שלא כדרך אכילה, lit. not the way of eating), an abnormal way to eat. Shach YD 155:14 cites the Mordechai and Aguda that someone sick is permitted to consume something forbidden in an abnormal way of eating.</ref> | |||
# Achshevey doesn't apply to a mixture.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=44929&st=&pgnum=144 Minchat Cohen Tarovet 1:9] writes that there's no prohibition to eat something that was inedible to humans if it was mixed into a mixture even if the majority is forbidden. Pri Megadim M"Z 103:1, Chok Yakov 442:19, and Mekor Chaim 442:14 agree. See Achiezer 3:33:5 and Yabia Omer YD 8:11 who apply this to gelatin.</ref> | |||
# Achshevey doesn't apply to medicines.<ref> Meor Yisrael Pesachim 21b citing Yad Avraham YD 155, Chevlim Bneeymim 5:4, Chazon Ish 116:8, Zera Emet 2:48. See Igrot Moshe 2:92.</ref> | |||
# Achshevey doesn't apply if it isn't intentional to eat the forbidden food that is inedible.<ref>Trumat Hadeshen 129, Shulchan Aruch O.C. 442:10, Rama Y.D. 134:13, Magen Avraham 442:15, Mekor Chaim 442:14, Mishna Brurah 442:45</ref> | |||
==Absorbed Taste in Utensils== | ==Absorbed Taste in Utensils== | ||
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#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> | #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> | #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> | ||
==''Kol Dparish''== | |||
# An item which is found that separated from a majority but its status is unclear is considered to be like the status of the majority from which it came from.<Ref>Ketubot 9a</ref> | |||
# 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> | |||
# See above if kol dparish applies to dvar sheyesh lo matirin. | |||
# See above if kol dparish requires awareness of the prohibition. | |||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Kashrut]] | [[Category:Kashrut]] | ||
