Nullification: Difference between revisions

==Introduction to Taste of Forbidden Foods==

#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>

#Spices which are intrinsically forbidden aren’t nullified in sixty as long as their taste is recognizable. <ref>Rama 98:8. See Badei Hashulchan 98:84 whether this is biblically forbidden or rabbinically. The Taz holds that this only applies to spices or sharp foods but not everything that has a strong taste. See Badei Hashulchan 98:87 for a variant opinion.</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>

==Foods with a Higher Ratio of Nullification==

===Dvar Sheyesh Lo Matirin===

#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>

#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>

===Chametz===

===Avoda Zara===

==Intentional Bitul==

##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>

*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.

*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.

*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>

==Noten Taam Lifgam==

#If the taste of a forbidden food negatively impacts a mixture that it fell into the mixture is permitted.<ref>Shulchan Aruch YD 103:1. The two major approaches as to why it is permitted is that of the Ran and that of the Rashba. Ran Avoda Zara 67a explains that one may not benefit from  something non-kosher and so if it is intact it is forbidden unless it isn't fit for human consumption. However, if its taste is absorbed in a mixture it is permitted as long as it imparts a negative taste since one isn't benefiting from the non-kosher addition. The Rashba Torat Habayit Haaruch 19a argues that the item itself is permitted only if it is inedible and loses its status of a food. But if it is mixed into a mixture it is permitted since there is a nullification of the substance of the food with a simple majority and the taste of the non-kosher doesn't make the mixture forbidden as long as the taste is negative. The concept that a taste is forbidden even if it is nullified by a majority doesn't apply to negative tastes.  

*Rabbi Akiva Eiger (Chidushim Chullin 97b n. 7) applies the idea of Rashba requiring a majority even to the absorptions in pots. The Bet Yehoshua 102:6 argues that it only applies to absorptions in foods or foods that were dissolved but not absorptions in pots. Based on his understanding he answers the question of Rabbi Akiva Eiger 1:27 on Shach 102:8.</ref>

#For example, bugs that fell into a food and were removed the food is permitted since the taste imparted by the bugs is negative.<ref>The Maharshal (Yam Shel Shlomo 7:48) learns from the Rambam (Maachalot Asurot 15:31) that a mouse in any liquid besides wine, honey, or oil which need to smell nice to be edible are forbidden. There isn't a leniency of noten taam lifgam for a mouse falling into any liquid. Similarly, in 7;49 he is strict about bugs falling into any liquid since we're not sure whether it imparts a negative taste. He admits that the Ran learns that the taste of a mouse is always negative besides for beer and vinegar and the Rashba (Torat Habayit Hakatzar 16b) holds that tastes of bugs are negative for all foods, he disagrees. Taz cites this Maharshal who disputes the Shulchan Aruch 104:3 codifying the Rashba.</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>

#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>

* 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).

# 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 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>

# 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>

==Sources==

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[[Category:Kashrut]]