Nullification: Difference between revisions

#If the pieces have different tastes<ref>Shach YD 109:7 and Pri Chadash 98 s.v. veleinyan assume that differences in taste is critical to consider two foods to be two types unlike the Bach who considers foods to be different if they have a different identification or classification. Shach YD 98:6 argues again at length with the Rama that the critical factor is taste and not identification.</ref> in order to have nullification there needs to be sixty times the amount of forbidden food added to the mixture.<ref>The Tur YD 109:1 postulates that there’s no difference whether the pieces in the mixture are of the same types of different types. However, he also cites the Sefer HaTrumah who says that if there’s different types there is a need of sixty times the forbidden amount in order to have nullification. The Bet Yosef YD 109:1 cites the Ran (Chullin 36b, end of Perek Gid HaNasheh) who says that it is forbidden unless there is sixty times the amount of forbidden food in the mixture. His reasoning is that since if the mixture were to be cooked together the need for having sixty for nullification would be biblical, there is a rabbinic need for sixty for nullification even though it is a dry mixture. The Hagahot Shaarei Dura 39 holds that this is biblically forbidden, while the Iser Veheter 26:11 holds it is only rabbinically forbidden. The Shach 109:10 cites the Maharshal, Torat Chatat 39:4, Ran (Chullin 36b), and Rashba (Chullin 97b s.v. ubekedeirah) who side with the Iser Veheter. Shulchan Aruch YD 109:1 (according to the Shach 109:2) and Rama ad loc. hold like the Sefer HaTrumah and require sixty for nullification of a dry mixture when there’s two different types in the mixture.</ref> This applies equally if it is rabbinic prohibition mixed into the mixture of different types.<ref>The Shach 109:9 concludes based on the Ran that if there’s a dry mixture of different types with only a rabbinic prohibition mixed in it is nullified with a majority. The Rama 109:1 seems to equate the cases whether it was a rabbinically prohibited or biblically prohibited item that it should require sixty times for nullification of different types. The Gra 109:8 agrees. </ref>

#If the dry mixture which had nullification was later cooked together it becomes forbidden.<ref>The Rashba (Torat HaBayit 17a, responsa 1:272) holds that once the mixture is cooked together it is forbidden even though it is a mixture of one type since once it is cooked together the entire mixture shares the taste of the forbidden food. This is also the opinion of the Ran (Chullin 36a s.v. garsinan). The Rosh (Chullin 7:37) and Smak (Siman 214) argue that it is permitted even if it was cooked together. Shulchan Aruch YD 109:2 rules like the Rashba, while the Rama adds that in a case of a major loss one may rely on the Rosh.</ref>

#Some have the practice to boil 3 eggs at a time so that if one is found with a blood spot, it will be nullified and not make the pot non-kosher. Some note that this practice is not necessary nowadays when the eggs are not fertilized.<ref>[http://www.kashrut.com/articles/eggs/ Halachically Speaking vol 4 issue 18]</ref>

==Liquid and Solid Mixtures==

==What is Included in the Measurement==

#When measuring the food in a pot to see if it nullified the forbidden ingredients we consider the gravy, scraps of meat, and large pieces of meat.<ref>Shulchan Aruch YD 99:4</ref> Many poskim hold that dry bones, whether from a permitted or forbidden source, are also counted for nullification. However, the marrow of the bones from a forbidden source is also forbidden. Some poskim argue that bones from a forbidden source can't be counted towards nullification.<ref>Shulchan Aruch 99:1 rules like the Rashba (Torat HaBayit 6a) that even the forbidden bones count towards nullification, but the Rama cites the Or Zaruah who holds that the forbidden bones can't be considered towards nullification and adds that in cases of loss one can rely on the Rashba. Kaf HaChaim 99:11 writes that Sephardim primarily follow Shulchan Aruch here. The Shach 99:1 and Kaf HaChaim 99:2 are strict regarding moist bones from a forbidden source to include them in the measurement of the forbidden ingredients. </ref>

#The width of the pot doesn't count towards nullification. <ref>Tur and Shulchan Aruch YD 99:1</ref>

#We measure the mixture according to the size of the items when they come before the rabbi.<ref>Shulchan Aruch YD 99:4</ref>

==Unsure if there is Sixty==

===Biryah (Complete Unit)===

# A complete creature or limb isn't nullified even in a mixture of foods that have a dissimilar taste.<ref>Darkei Moshe 100 cites the Isur Veheter who says that biryah is permitted if it is mixed with ingredients of dissimilar tastes. Shulchan Aruch 100:3 rules like the Rashba that biryah isn't nullified.</ref>

===Dvar Shebeminyan===

===Chaticha Hareuy Lhitchabed===

# A forbidden piece of meat or fish that is significant that can be used to honor a guest isn't nullified in any amount.<ref>Shulchan Aruch 101:1</ref> This applies to any prohibited item even if it is only rabbinically forbidden.<ref>Rama 101:1</ref>

# This rule only applies if the piece of meat or fish is forbidden in it of itself but not if it only absorbed a taste of something forbidden. The only exception is meat and milk which if combined each piece is completely forbidden in it of itself.<ref>Shulchan Aruch 101:2</ref>

====Cheese====

# A piece of cheese can be significant and considered a chaticha hareuya lhitchabed.<ref>The Maharshal (Yam Shel Shlomo Kol Habasar 108 cited by Taz) writes that cheese isn’t a chaticha hareuya lhitchabed since a person can’t eat so much of it until he gets full. Also some people don’t like it at all. Therefore, it isn’t a chaticha hareuya lhitchabed. Taz 101:3 argues that cheese is a chaticha hareuya lhitchabed and it is evident in the Rashba (Torat Habayit 91a).</ref>

# Cheese that was made with teref rennet is not a chaticha hareuya lhitchabed.<ref>Torat Chatat 40:2, Taz 101:3, Nekudat Hakesef 101:1. Even though the Torat Chatat thought that the Isur Vheter was strict in this case the Nekudat Hakesef points out that Isur Vheter didn’t say that. Also, even though the Taz accused the Bach of saying that it is a chaticha hareuya lhitchabed the Nekudat Hakesef argues that the Bach never said it.</ref>

# Cheese that was made with teref milk is a chaticha hareuya lhitchabed.<ref>Nekudat Hakesef 101:1</ref>

# Cheese made by a non-Jew is a chaticha hareuya lhitchabed.<ref>The Isur Vheter 25:8 writes that cheese made by a goy is a chaticha hareuya lhitchabed since it was forbidden from the moment it was created. Rama in Torat Chatat 40:2 writes that if it is cheese made with kosher milk and teref rennet it isn’t a chaticha hareuya lhitchabed since it only absorbed the taste of something forbidden. Bach 101:2 argues with the Rama and concludes like the Isur Vheter that all cheese made by a non-Jew is a chaticha hareuya lhitchabed. However, the Nekudat Hakesef agrees with the Bach that any cheese made by a non-Jew is a chaticha hareuya lhitchabed.

* The Taz 101:3 distinguishes between when the cheese was made with hide of a nevelah that it is considered a chaticha hareuya lhitchabed since from the creation of the cheese it was forbidden and the cheese which was made by a non-Jew and there’s a concern that mixed in is non-kosher milk that it isn’t a chaticha hareuya lhitchabed. </ref>

==Intentional Bitul==

* 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>

==Absorbed Taste in Utensils==

===Eino Ben Yomo Pots===

#If a forbidden mixture was cooked in a pot and was used after 24 hours passed, the food is kosher but the pot needs to be koshered.<ref>Rama 103:2, Shulchan Aruch 103:5, Badei Hashulchan 103:62</ref>

# An earthenware vessel that absorbed something non-kosher can't be used even after 24 hours.<ref>Pri Megadim Siftei Daat 103:17 writes that even for earthenware vessels they can't be used after 24 hours even though there's no way to kosher them. He is disagreeing with the Nachalat Yakov 23-25, 42. Badei Hashulchan 103:54 agrees with the Pri Megadim.</ref>

===Stam Kelim Einam Bnei Yoman===

# Food cooked in a pot that wasn't used within 24 hours even if the pot wasn't kosher the food is kosher after the fact.<ref>Shulchan Aruch YD 103:5</ref>