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Nullification: Difference between revisions
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#We measure the mixture according to the size of the items when they come before the rabbi.<ref>Shulchan Aruch YD 99:4</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> | ||
===How the forbidden item is measured=== | ===How the forbidden item is measured=== | ||
====Once It is Forbidden==== | |||
# Once a solid food becomes forbidden by a transfer of taste it can never revert to becoming permitted again. That is, even if it is later cooked with sixty times its measure and is nullified, that piece remains forbidden.<ref>The Rashba holds that once a piece of food becomes forbidden it can never revert to become permitted. Tur 106:1 disagrees. Shulchan Aruch Y.D. 106:1 accepts the Rashba. However, in Y.D. 92:4 the Shulchan Aruch uses the language of the Tur. Taz 92:10 and Gra 92:16 point out this contradiction but side with the Rashba. Shach 92:11 reads the Shulchan Aruch 92:4 in light of 106:1. Therefore, the conclusion of the poskim is like the Rashba (Horah Brurah 92:32).</ref> | # Once a solid food becomes forbidden by a transfer of taste it can never revert to becoming permitted again. That is, even if it is later cooked with sixty times its measure and is nullified, that piece remains forbidden.<ref>The Rashba holds that once a piece of food becomes forbidden it can never revert to become permitted. Tur 106:1 disagrees. Shulchan Aruch Y.D. 106:1 accepts the Rashba. However, in Y.D. 92:4 the Shulchan Aruch uses the language of the Tur. Taz 92:10 and Gra 92:16 point out this contradiction but side with the Rashba. Shach 92:11 reads the Shulchan Aruch 92:4 in light of 106:1. Therefore, the conclusion of the poskim is like the Rashba (Horah Brurah 92:32).</ref> | ||
# Once a food becomes forbidden by a transfer of taste in order to nullify it when it is part of a mixture, according to Ashkenazim, one needs to measure sixty times the entire volume of that food. This concept is known as ''Chaticha Naaseh Nevelah'' or ''Chanan''.<ref>Gemara Chullin 108b, Rama 92:4. Taz 92:11 points out that many poskim hold that this applies even to a rabbinic prohibition.</ref> Sephardim only hold of this concept by meat and milk but for other prohibitions one only ever needs to nullify the volume of the original prohibition.<ref>Shulchan Aruch 92:4, Horah Brurah 92:34</ref> | ====Chanan==== | ||
# Once a food becomes forbidden by a transfer of taste in order to nullify it when it is part of a mixture, according to Ashkenazim, one needs to measure sixty times the entire volume of that food. This concept is known as ''Chaticha Naaseh Nevelah'' or ''Chanan''.<ref>Gemara Chullin 108b, Rama 92:4. Taz 92:11 points out that many poskim hold that this applies even to a rabbinic prohibition. Badei Hashulchan 92:64 agrees. Taz 87:2 implies the same.</ref> Sephardim only hold of this concept by meat and milk but for other prohibitions one only ever needs to nullify the volume of the original prohibition.<ref>Shulchan Aruch Y.D. 92:4, Horah Brurah 92:34</ref> | |||
# Chanan only applies if one piece became forbidden before the rest of the mixture. That can happen if one piece was completely out of the gravy and something forbidden fell upon it (''Chutz Mrotev''). Another method of chanan is where two pieces are connected such as fat and an inner organ or the heart and meat nearby (''Isur Davuk'').<ref>Rama 92:4</ref> | # Chanan only applies if one piece became forbidden before the rest of the mixture. That can happen if one piece was completely out of the gravy and something forbidden fell upon it (''Chutz Mrotev''). Another method of chanan is where two pieces are connected such as fat and an inner organ or the heart and meat nearby (''Isur Davuk'').<ref>Rama 92:4</ref> | ||
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===Biryah (Complete Unit)=== | ===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> | # 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> | ||
# There are four conditions for a prohibition to be considered a biryah: 1) It was a living creature,<ref>Macot 16a, Rosh Chullin 7:33, Shulchan Aruch YD 100:1</ref> 2) It was forbidden from its creation,<ref>Rashi Chullin 102b s.v. tameh</ref> 3) It is complete,<ref>Gemara Macot 16b, Tur 101:6 and Shulchan Aruch YD 100:1</ref> 4) It isn't called by its original name after it is cut.<ref>Rosh Chullin 7:33, Shulchan Aruch YD 100:1</ref> | |||
# Therefore, the following are considered a biryah: bugs, non-kosher birds, Gid Hanashah, Even Min Hachay, and an egg with a chick inside. Whereas a prohibited plants, Nevelah, Terefa, or Chelev aren't a biryah.<ref>Shulchan Aruch YD 100:1, Shach 100:4</ref> | |||
# An egg with a blood spot isn't considered a biryah.<ref>Shach 100:2</ref> | |||
# If there is a doubt if a food is kosher but it is certainly a biryah it isn't nullified. However, if there is a doubt if something is a biryah it is nullified.<Ref>Taz 100:1 writes that since biryah is only rabbinic it is considered permitted if there is a doubt if it is biryah. If it is a doubt if it is kosher it is considered non-kosher based on safek deoritta lchumra and then afterwards that question isn't revisited when considering it a biryah that isn't nullified (safek deoritta sh'nitgalgel lehiyot derabbanan).</ref> | |||
# If the biryah is broken or split it is nullified. Some say that it could be nullified even while one is chewing.<ref>Chazon Ish YD 14(1):6 s.v. vshiur writes that even if a biryah is broken while it is being chewed it is nullified. [http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=283 Mechzeh Eliyahu 1:89] questions this.</ref> | |||
See [[Checking for Bugs]] for more practical aspects of biryah. | |||
===Dvar Shebeminyan=== | ===Dvar Shebeminyan=== | ||
#A complete creature or limb, a piece of meat which is suitable to serve guests, items which are always sold by unit (eggs which are sold by the dozen), and a prominent item (that Chazal specified) can not be nullified. <ref>Shulchan Aruch YD 100, 101, Shulchan Aruch and Rama 110:1</ref> According to Ashkenazim a piece of meat which would be suitable to serve guests after being cooked is not able to be nullified and according to Sephardim only a piece of meat which is suitable to serve guests as of now (meaning, that it is cooked) is not able to be nullified. <ref> | #A complete creature or limb, a piece of meat which is suitable to serve guests, items which are always sold by unit (eggs which are sold by the dozen), and a prominent item (that Chazal specified) can not be nullified. <ref>Shulchan Aruch YD 100, 101, Shulchan Aruch and Rama 110:1</ref> According to Ashkenazim a piece of meat which would be suitable to serve guests after being cooked is not able to be nullified and according to Sephardim only a piece of meat which is suitable to serve guests as of now (meaning, that it is cooked) is not able to be nullified. <ref>Shulchan Aruch and Rama 101:3, Taz 101:5 </ref> | ||
# An egg nowadays is considered a dvar shebeminyan according to many poskim.<ref>Ohel Yakov Isur Vheter p. 505 quotes Rav Sheinberg and Rav Nevinsal that eggs today are considered a dvar shebeminyan since they are sold by number. However, Rav Reuven Feinstein holds that it isn't a dvar shebeminyan since they only sell in it as a dozen for convenience but that is merely a sign of its weight.</ref> | |||
===Chaticha Hareuy Lhitchabed=== | ===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> | # 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> | ||
# If there's a doubt if it can be used to honor a guest one can be lenient.<ref>Rama YD 101:1</ref> | # If there's a doubt if it can be used to honor a guest one can be lenient.<ref>Rama YD 101:1. Pri Megadim M"Z 101:2 asks how there could be a doubt if something is useful to honor a guest, it is ascertainable (see Shulchan Aruch YD 98:3). He quotes the Pri Toar 101:4 who answers that with respect to objective questions whether it is ascertainable it isn't a doubt but since this is a subjective question one could be in doubt.</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> | # 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> | ||
# Meat that was a person wasn't watching and became forbidden because of [[Basar SheNitalem Min HaAyin]] is nullified in a majority.<ref>Rabbi Akiva Eiger 101:1 based on Shach Klalei Safek Safeka 110:19 that there is no issue of Chaticha Hareuya Lhitchabed for meat that wasn't watched which is a chumra derabbanan and not like other derabbanan's.</ref> | |||
====Cheese==== | ====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> | # 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> | ||
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# 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. | # 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> | * 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> | ||
===Animals=== | |||
#Animals are considered important and aren't nullified.<ref>Zevachim 73a, Rambam Machalot Asurot 16:7, Shulchan Aruch YD 110:1</ref> | |||
===Maamid=== | |||
#Something that is used to solidify or give a food texture is considered a critical ingredient and isn't nullified.<ref>Rambam Machalot Asurot 16:26</ref> | |||
# Tagatose in diet slurpees is nullified. Therefore, some poskim would allow eating it with meat. Yet, others hold that the slurpee is dairy and as such the kashrut organizations mark it as dairy (see [https://www.star-k.org/resource/list/1PR911FW/7-Eleven_Kosher_Slurpee#pepsirabbicharlop Star-K on Diet Pepsi]).<ref>Firstly, tagatose could be parve since it is a sugar processed from dairy (see [KosherVeyosher.com http://www.kosherveyosher.com/lactose-reb-elyashiv-teshuva.html] based on Rav Elyashiv in Kovetz Teshuvot 1:73). Secondly, the tagatose could be nullified in sixty since it is permitted (Shulchan Aruch YD 87:11). | |||
[http://www.kosherveyosher.com/crc-slurpees.html Rabbi Sholem Fishbane] writes that after asking poskim there was a division if the slurpee was dairy even though the tagatose was nullified. He quotes Rav Gedalya Dov Schwartz as holding it was dairy.</ref> | |||
==Intentional Bitul== | ==Intentional Bitul== | ||
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* Rashba Torat Habayit Haaruch 38a, Meiri in Magen Avot 13 p. 58, Bet Yosef 122:6, Raah 38a, Meiri A"Z 76a, Radvaz 3:617, Sedah Lderech 2:3:7, Mordechai a"z ch. 2, Tosfot Rid a"z 75b, Erech Hashulchan Sefer Hazikaron 50:8, Yabia Omer YD 8:14, Knesset Hagedola 122:26, Pri Megadim S"D 99:7, Bet Shlomo YD 175, Adovat Avoda Avoda Zara 75b, Mor Ukesiah, Zivchei Tzedek 122:15, and Maharil Diskin Kuntres Acharon 129 hold that if the food was cooked in an eino ben yomo pot intentionally the food is forbidden. However, the Tiferet Lmoshe 94:22, Arugot Habosem YD 99:3 and Zayit Raanan Dvar Sheyesh Lo Matirin 3:2 are lenient.</ref> | * Rashba Torat Habayit Haaruch 38a, Meiri in Magen Avot 13 p. 58, Bet Yosef 122:6, Raah 38a, Meiri A"Z 76a, Radvaz 3:617, Sedah Lderech 2:3:7, Mordechai a"z ch. 2, Tosfot Rid a"z 75b, Erech Hashulchan Sefer Hazikaron 50:8, Yabia Omer YD 8:14, Knesset Hagedola 122:26, Pri Megadim S"D 99:7, Bet Shlomo YD 175, Adovat Avoda Avoda Zara 75b, Mor Ukesiah, Zivchei Tzedek 122:15, and Maharil Diskin Kuntres Acharon 129 hold that if the food was cooked in an eino ben yomo pot intentionally the food is forbidden. However, the Tiferet Lmoshe 94:22, Arugot Habosem YD 99:3 and Zayit Raanan Dvar Sheyesh Lo Matirin 3:2 are lenient.</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> | # 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> | ||
# If a person used an eino ben yomo meat pot for dairy the food is permitted and the pot needs to be kashered<ref>Shulchan Aruch Y.D. 93:1</ref> but it can be koshered with hagalah even if it was used on the fire. The same is true of a dairy pot for meat.<ref>Chatom Sofer YD 110 writes that if an eino ben yomo meat pot is used for dairy on a fire it would still only be hetera baala since both the meat and milk entered the pot separately bhetera since the meat was eino ben yomo when the milk went in. He adds as a chumra to do hagalah three times. Pitchei Teshuva 121:7 cites the Chatom Sofer. Siach Yakov (Machalei Akum Hechsher Kelim p. 218, Rav Yakov Kassin) agrees. Shulchan Aruch Y.D. 121:4 writes that whenever it is hetera baala even a roasting pot only requires hagalah.</ref> | |||
===Stam Kelim Einam Bnei Yoman=== | ===Stam Kelim Einam Bnei Yoman=== | ||
