Nullification: Difference between revisions
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→Dvar Sheyesh Lo Matirin
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===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), Shulchan Aruch Y.D. 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 (Hebrew דבר שיש לו מתירין; trans. ''dvar sheyesh lo matirin''), 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), Shulchan Aruch Y.D. 102:1 </ref> Therefore, [[Chadash]] grain can not be nullified.<ref>The Laws of Kashrus (Rabbi Binaymin Forst; pg 62) </ref> The reason that a food which is going to become permitted is not nullified is because since it is possible to avoid relying on nullification one should do so.<ref>Rashi Beitzah 3b s.v. afilu. Rabbenu Dovid Peachim 30a s.v. viy lav explains that really the rabbis wanted to make a gezerah to forbid relying upon bitul altogether, but in order not to cause a major loss to Jews in many situations they did not impose such a gezerah. However, since for a dvar sheyesh lo matirin it is easy to be stringent and not rely on bitul one must do so.</ref> Alternatively, since nullification requires a clash and an item which is going to become permitted is essentially like it is permitted there is no way for that item to be nullified.<ref>Ran Nedarim 52a. See further in Ran responsa 59 regarding nullification of heter in heter.</ref> | ||
#Tevel (produce of [[Israel]] from which Trumot and Maaserot have not been removed) can't be nullified in a like mixture since it is possible to fix by taking off the trumot and maaserot. It is however nullified when in a mixture of unlike ingredients.<ref>Gemara Nedarim 58a, Rashba Beitzah 3b s.v. ha, Rambam Machalot Asurot 15:6</ref> | #Tevel (produce of [[Israel]] from which Trumot and Maaserot have not been removed) can't be nullified in a like mixture since it is possible to fix by taking off the trumot and maaserot. It is however nullified when in a mixture of unlike ingredients.<ref>Gemara Nedarim 58a, Rashba Beitzah 3b s.v. ha, Rambam Machalot Asurot 15:6</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> | #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> | ||
