Nullification: Difference between revisions

#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>

#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>

#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>

#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>  

#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>

* 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>