Nullification: Difference between revisions
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#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 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> | #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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===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> | ||
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===Chametz=== | ===Chametz=== | ||
#Chametz on [[Pesach]] can not be nullified in any amount. <ref> | #Chametz on [[Pesach]] can not be nullified in any amount.<ref>Shulchan Aruch O.C. 447:1 </ref> | ||
See the details of this topic here: [[Kashering_the_Kitchen_for_Pesach#Nullification]] | |||
===Avoda Zara=== | ===Avoda Zara=== | ||
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*Radvaz 3:547 writes that it is forbidden to buy a product from a non-Jew if there’s something in it that was forbidden but was nullified. He admits though that it is permitted if it was just cooked in a pot that wasn’t used within 24 hours. He explains that it isn’t likely one is going to ask a non-Jew to cook in such a pot since it doesn't impart a good flavor. Yet it is a problem to buy the food which had non-Kosher mixed in since one may ask a non-Jew to do so. [Radvaz 1:580 is lenient to buy from a non-Jew safek orlah grapes mixed up and are nullified. Maybe this shows that the Radvaz would be lenient if there’s no option (haarot). Alternatively, there’s no issue of bitul isur lechatchila for something that is only a safek (siman 92).] Brachot 36b implies that it is permitted to buy food from a non-Jew that was cooked in a pot that wasn’t used within 24 hours. That is evident from Rashi s.v. sharya. That is the accepted opinion of many rishonim and poskim but the Meiri in Magen Avot understands the Rambam otherwise. See Yabia Omer 7:7:2. | *Radvaz 3:547 writes that it is forbidden to buy a product from a non-Jew if there’s something in it that was forbidden but was nullified. He admits though that it is permitted if it was just cooked in a pot that wasn’t used within 24 hours. He explains that it isn’t likely one is going to ask a non-Jew to cook in such a pot since it doesn't impart a good flavor. Yet it is a problem to buy the food which had non-Kosher mixed in since one may ask a non-Jew to do so. [Radvaz 1:580 is lenient to buy from a non-Jew safek orlah grapes mixed up and are nullified. Maybe this shows that the Radvaz would be lenient if there’s no option (haarot). Alternatively, there’s no issue of bitul isur lechatchila for something that is only a safek (siman 92).] Brachot 36b implies that it is permitted to buy food from a non-Jew that was cooked in a pot that wasn’t used within 24 hours. That is evident from Rashi s.v. sharya. That is the accepted opinion of many rishonim and poskim but the Meiri in Magen Avot understands the Rambam otherwise. See Yabia Omer 7:7:2. | ||
*Isur Vheter 47:9 writes that it is initially forbidden to buy from a non-Jew an animal that nursed from a non-kosher animal but after the fact it is permitted. Torat Chatat 65:10 cites this. Shach YD 60:5 writes that the reason it is permitted after the fact is zeh vzeh gorem. The Erech Hashulchan 99:8 infers from here that it is forbidden to buy a food that the non-Jew did a nullification in its processing in line with the Radvaz 3:547. | *Isur Vheter 47:9 writes that it is initially forbidden to buy from a non-Jew an animal that nursed from a non-kosher animal but after the fact it is permitted. Torat Chatat 65:10 cites this. Shach YD 60:5 writes that the reason it is permitted after the fact is [[zeh vzeh gorem]]. The Erech Hashulchan 99:8 infers from here that it is forbidden to buy a food that the non-Jew did a nullification in its processing in line with the Radvaz 3:547. | ||
*Rambam Maachalot Asurot 3:13 and 3:15 writes that the cheese of non-Jews is forbidden since they might have used rennet from a nevelah animal which isn’t nullified. Erech Hashulchan infers that had it been nullified it would have been permitted to buy unlike the Radvaz. | *Rambam Maachalot Asurot 3:13 and 3:15 writes that the cheese of non-Jews is forbidden since they might have used rennet from a nevelah animal which isn’t nullified. Erech Hashulchan infers that had it been nullified it would have been permitted to buy unlike the Radvaz. | ||
Rama YD 114:4 permits buying alcoholic drinks that there's a concern that goyim mixed in wine if it comes directly from the barrel. Even though the barrel is coated with pig fat it is nullified and adds a negative taste. Erech Hashulchan infers from here that buying something from a non-Jew that has nullification is permitted unlike the Radvaz. | Rama YD 114:4 permits buying alcoholic drinks that there's a concern that goyim mixed in wine if it comes directly from the barrel. Even though the barrel is coated with pig fat it is nullified and adds a negative taste. Erech Hashulchan infers from here that buying something from a non-Jew that has nullification is permitted unlike the Radvaz. | ||
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*The Taz 99:15 discusses this Rashba at length and offers two alternate explanations of the Gemara Avoda Zara 33b. Based on Rashi, the water is permitted since it dilutes the wine absorption and ruins it. Additionally, the Ran (Avoda Zara 12b) explains that it is permitted to fill up the wine containers used by the non-Jews for wine in order to Kosher them and even though in the process the water will nullify the wine absorption it is permitted since that isn't one's intent. The Taz concludes in disagreement with the Rashba. | *The Taz 99:15 discusses this Rashba at length and offers two alternate explanations of the Gemara Avoda Zara 33b. Based on Rashi, the water is permitted since it dilutes the wine absorption and ruins it. Additionally, the Ran (Avoda Zara 12b) explains that it is permitted to fill up the wine containers used by the non-Jews for wine in order to Kosher them and even though in the process the water will nullify the wine absorption it is permitted since that isn't one's intent. The Taz concludes in disagreement with the Rashba. | ||
*The Shulchan Aruch YD 99:7 rules like the Rashba and the Kaf Hachaim 99:73 and Aruch Hashulchan 99:49 write that one can rely on the Rashba only if 24 hours have passed.</ref> | *The Shulchan Aruch YD 99:7 rules like the Rashba and the Kaf Hachaim 99:73 and Aruch Hashulchan 99:49 write that one can rely on the Rashba only if 24 hours have passed.</ref> | ||
#Some rishonim hold that it is permissible to nullify something prohibited if one doesn't intend to nullify it.<ref>Ran Avoda Zara 12b s.v. iybaya posulates that there is no prohibition to nullify something forbidden if one's intention isn't to benefit from the prohibited food. Tosfot Chachmei Angliya Pesachim 30a s.v. ulshmuel, Tosfot Rabbenu Peretz Pesachim 30a s.v. amar rav, Rabbenu Peretz cited in Tur 453:3, Rivash 349, Maharam Mrotenburg (Prague edition n. 190), Rashba (teshuva 463), and Orchot Chaim (Machalot Asurot n. 43, cited by Shulchan Aruch Y.D. 84:13) all have this same approach. Shaar Hamelech (Machalot Asurot 15:25) wonders why the Ran in Pesachim 30a don't address Tosfot's question there the way Rabbenu Peretz answered the question considering that in Avoda Zara he accepts that approach. See Shoel Umeishiv 2:65 who tries to resolve this issue.</ref> | |||
==Noten Taam Lifgam== | ==Noten Taam Lifgam== | ||
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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 Y.D. 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 Y.D. 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 | #Sephardim hold that Chametz is permitted with the laws of Noten Taam Lifgam. Ashkenazim are strict.<ref>Shulchan and Rama O.C. 447:10. Ramban (Chidushim 30a), Ran, Rabbenu Dovid, Riaz (Pesachim 2:2:6) and Rashbetz (Maamer Chametz 50-51) are lenient. Rashba is strict.</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> | ||
# Food which imparts a taste which is neither positive or negative for the mixture is forbidden unless it is nullified by 60.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14582&st=&pgnum=69 Or Zaruah (Avoda Zara n. 258-9)] quotes the Rashbam who learns from the Gemara Avoda Zara 67a that only if the forbidden food imparts a negative taste is it permitted, however, if it imparts a taste that is neither positive or negative it is forbidden. He clearly indicates that it is not the same as if it has no taste at all. Bet Yosef 103:1 quotes the Or Zaruah. Shach 103:2 quotes the Or Zaruah and then brings a proof to the Or Zaruah from the fact that Gid Hanasha requires 60. | # Food which imparts a taste which is neither positive or negative for the mixture is forbidden unless it is nullified by 60.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14582&st=&pgnum=69 Or Zaruah (Avoda Zara n. 258-9)] quotes the Rashbam who learns from the Gemara Avoda Zara 67a that only if the forbidden food imparts a negative taste is it permitted, however, if it imparts a taste that is neither positive or negative it is forbidden. He clearly indicates that it is not the same as if it has no taste at all. Bet Yosef 103:1 quotes the Or Zaruah. Shach 103:2 quotes the Or Zaruah and then brings a proof to the Or Zaruah from the fact that Gid Hanasha requires 60. | ||
