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Nullification: Difference between revisions
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##Therefore, a person should be careful never to try to use nullification without asking a qualified rabbi.<ref>The Laws of Kashrut (p. 75). See Pitchei Teshuva 99:5 regarding a person who asked an unqualified rabbi and he ruled incorrectly that it is considered intentional. See, however, Kaf HaChaim 99:39.</ref> | ##Therefore, a person should be careful never to try to use nullification without asking a qualified rabbi.<ref>The Laws of Kashrut (p. 75). See Pitchei Teshuva 99:5 regarding a person who asked an unqualified rabbi and he ruled incorrectly that it is considered intentional. See, however, Kaf HaChaim 99:39.</ref> | ||
#A person may not ask a non-Jew to perform nullification for him. After the fact some hold it is forbidden and some disagree.<ref>Rashba Torat Habayit Haaruch 4:4 38b writes that it is forbidden to ask a non-Jew to cook in his teref pot that wasn’t used within 24 hours since it is considered bitul isur lechatchila. Rashba writes that it is forbidden even after the fact. Shulchan Aruch YD 103:5 and 122:6 quotes the Rashba but not the part that it makes it forbidden after the fact. Even though the Levushei Sarad and Chamudei Doniel say it is forbidden even after the fact like the Rashba, Igrot Moshe YD 2:41 argues that after the fact we are lenient.</ref> | #A person may not ask a non-Jew to perform nullification for him. After the fact some hold it is forbidden and some disagree.<ref>Rashba Torat Habayit Haaruch 4:4 38b writes that it is forbidden to ask a non-Jew to cook in his teref pot that wasn’t used within 24 hours since it is considered bitul isur lechatchila. Rashba writes that it is forbidden even after the fact. Shulchan Aruch YD 103:5 and 122:6 quotes the Rashba but not the part that it makes it forbidden after the fact. Even though the Levushei Sarad and Chamudei Doniel say it is forbidden even after the fact like the Rashba, Igrot Moshe YD 2:41 argues that after the fact we are lenient.</ref> | ||
#Some say that it is forbidden to buy a product which was made with nullification if one can alternatively buy a product which doesn't use nullification. Others say that this is permitted. <ref>Kaf HaChaim 99:52 cites the Radvaz 3:547 who is strict against the Erech HaShulchan YD 99:8 who is lenient. The Badei HaShulchan 99:38 and Yabia Omer YD 7:7 are lenient. | |||
#Some say that it is forbidden to buy a product which was made with nullification if one can alternatively buy a product which doesn't use nullification. Others say that this is permitted. <ref>Kaf HaChaim 99:52 cites the Radvaz who is strict against the Erech HaShulchan who is lenient. The Badei HaShulchan 99:38 and Yabia Omer YD 7:7 are lenient. | * 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. | |||
* 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. | ||
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#If a pot absorbed a tiny amount of forbidden taste and it will always be used for sixty times that amount, it is permitted to use that pot after 24 hours have passed without having it go through a Koshering process. However, if the pot is sometimes used for a small amount of food and the absorbed taste wouldn't be nullified in sixty, it is forbidden to use that pot without Koshering even if one uses with an amount that would actually nullify the absorbed taste. <ref>The Gemara Avoda Zara 33a states that a container a non-Jew used for wine can be used for a Jew to drink water. The [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=266 Rashba (Torat HaBayit 36b)] explains that since only a tiny bit of the wine taste was absorbed into the containers and it will be nullified when later used to drink water it is permitted. The Rivash (no. 349) and Raavad (cited by Ran Avoda Zara 12b) agree. | #If a pot absorbed a tiny amount of forbidden taste and it will always be used for sixty times that amount, it is permitted to use that pot after 24 hours have passed without having it go through a Koshering process. However, if the pot is sometimes used for a small amount of food and the absorbed taste wouldn't be nullified in sixty, it is forbidden to use that pot without Koshering even if one uses with an amount that would actually nullify the absorbed taste. <ref>The Gemara Avoda Zara 33a states that a container a non-Jew used for wine can be used for a Jew to drink water. The [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=266 Rashba (Torat HaBayit 36b)] explains that since only a tiny bit of the wine taste was absorbed into the containers and it will be nullified when later used to drink water it is permitted. The Rivash (no. 349) and Raavad (cited by Ran Avoda Zara 12b) agree. | ||
*The [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=266 Raah (Bedek HaBayit 36b)] vehemently argues with the Rashba because it should be considered a violation of intentionally nullifying the forbidden absorption in the pots. Rather he explains that the absorption of wine in the containers that the Gemara was discussing is minimal since it is all cold. Also, the wine taste is ruined when it mixes into the water and that isn't considered intentional nullification. The [http://www.hebrewbooks.org/pdfpager.aspx?req=47326&st=&pgnum=190 Maadanei Asher (Isur V'heter Siman 81)] explains that the Rashba would respond that it isn't forbidden because of intentional nullification unless it is possible that there wouldn't be nullification but if there certainly is nullification, it is permitted. | *The [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=266 Raah (Bedek HaBayit 36b)] vehemently argues with the Rashba because it should be considered a violation of intentionally nullifying the forbidden absorption in the pots. Rather he explains that the absorption of wine in the containers that the Gemara was discussing is minimal since it is all cold. Also, the wine taste is ruined when it mixes into the water and that isn't considered intentional nullification. The [http://www.hebrewbooks.org/pdfpager.aspx?req=47326&st=&pgnum=190 Maadanei Asher (Isur V'heter Siman 81)] explains that the Rashba would respond that it isn't forbidden because of intentional nullification unless it is possible that there wouldn't be nullification but if there certainly is nullification, it is permitted. | ||
*The Tur (YD 122) also disagrees with the Rashba but for another reason. He says if the rabbis enacted a decree against using a pot with forbidden taste if 24 hours passed and now the | *The Tur (YD 122) also disagrees with the Rashba but for another reason. He says if the rabbis enacted a decree against using a pot with forbidden taste if 24 hours passed and now the absorption is permitted, how much more so would they enact a decree against using a pot with non-kosher absorption within 24 hours just because it'll be nullified lest one use it for less than the amount that would cause nullification. The Bet Yosef YD 122:5 answers that there's no decree on something uncommon and it is uncommon to use a pot of such a size for a quantity of food less than sixty times the forbidden absorption. | ||
*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> | ||
