Nullification: Difference between revisions

#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. 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>

#Something subject to a dispute whether it is forbidden or an unanswered question of the gemara is nullified and not subject to the rules of dvar sheyesh lo matirin.<ref>Gidulei Hekdesh 330:2 citing Pri Chadash, Rabbi Akiva Eiger (responsa 65 and hagahot YD 16), Shagat Aryeh 90, and Pri Megadim (Intro to Yom Tov 2:1:27) unlike the Taz 497:9. Gidulei Hekdesh supports the Taz fom Rashi Eruvin 39b s.v. lo. Yabia Omer EH 6:2 follows Pri Chadash and quotes Maharsham 2:156 who prove from Tosfot Yoma 47b s.v. hadar and Rabbi Akiva Eiger 65 s.v. v'af who proves from Ran Nedarim 47b like Pri Chadash. </ref>

# Something that had a previous presumption of being permitted (''chezkat heter'') is nullified and not subject to the rules of dvar shyesh lo matirin.<ref>Gidulei Hekdesh 330:2 quoting Nodeh Beyehuda EH 38. He supports it from Eruvin 56a.</ref>