Nullification: Difference between revisions
From Halachipedia
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==Intentional Bitul== | ==Intentional Bitul== | ||
#It's forbidden to intentionally mix forbidden food into permissible food so that it should become nullified. <ref>Gemara Beitzah 4a, Shulchan Aruch YD 99:5. The Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8897&st=&pgnum=24 Isur Mashehu ch. 2]) considers this to be Biblically forbidden, while the Ran ([http://www.hebrewbooks.org/pdfpager.aspx?req=14310&st=&pgnum=609 Chullin 35b]) and [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=256 Rashba (Torat HaBayit 31b)] hold that it is derabbanan. See Bet Yosef Y"D 99, Shach 99:7, and Chachmat Adam 52:6 </ref> | #It's forbidden to intentionally mix forbidden food into permissible food so that it should become nullified. <ref>Gemara Beitzah 4a, Shulchan Aruch YD 99:5. The Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8897&st=&pgnum=24 Isur Mashehu ch. 2]) considers this to be Biblically forbidden, while the Ran ([http://www.hebrewbooks.org/pdfpager.aspx?req=14310&st=&pgnum=609 Chullin 35b]) and [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=256 Rashba (Torat HaBayit 31b)] hold that it is derabbanan. See Bet Yosef Y"D 99, Shach 99:7, and Chachmat Adam 52:6 </ref> | ||
##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> | ##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> | ||
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#If a forbidden ingredient falls into kosher food one may not increase the ratio of kosher food to non-kosher in order to nullify the non-kosher. <ref>Shulchan Aruch Y"D 99:5 </ref> | #If a forbidden ingredient falls into kosher food one may not increase the ratio of kosher food to non-kosher in order to nullify the non-kosher. <ref>Shulchan Aruch Y"D 99:5 </ref> | ||
#A mixture which was permitted because of nullification of majority and one wishes to cook it together which would make it forbidden, one may intentionally add more permitted ingredients so that there would be 60 times the forbidden ingredient before one cooks it and the cooked mixture would be permitted. <ref>Shulchan Aruch YD 109:2 based on the Raah. The Taz 109:3 and Shach 109:13 explain that the logic for this is that since the mixture is currently permitted it is permitted to add as much as one wishes even though it is preventing an forbidden item from prohibiting the mixture later upon cooking it.</ref> | #A mixture which was permitted because of nullification of majority and one wishes to cook it together which would make it forbidden, one may intentionally add more permitted ingredients so that there would be 60 times the forbidden ingredient before one cooks it and the cooked mixture would be permitted. <ref>Shulchan Aruch YD 109:2 based on the Raah. The Taz 109:3 and Shach 109:13 explain that the logic for this is that since the mixture is currently permitted it is permitted to add as much as one wishes even though it is preventing an forbidden item from prohibiting the mixture later upon cooking it.</ref> | ||
#Some say that if a rabbinically forbidden item fell into a mixture it is permitted to add more permitted ingredients in order to create nullification. Ashkanzim are stringent not to do so.<ref>Shulchan Aruch YD 99:6 permits adding to a mixture with a rabbinically forbidden item in order to permit it with nullification. This is based on the Gemara Beitzah 4b. The Rama, however, argues that it is forbidden to do so. See Shulchan Aruch OC 677:4 who seems to forbid as well. Kaf HaChaim 99:68 writes that the Sephardi minhag is to follow Shulchan Aruch and allow nullification on derabbanan prohibitions by adding to the mixture.</ref> | #Some say that if a rabbinically forbidden item fell into a mixture it is permitted to add more permitted ingredients in order to create nullification. Ashkanzim are stringent not to do so but in a case of a major loss a rabbi should be consulted.<ref>Shulchan Aruch YD 99:6 permits adding to a mixture with a rabbinically forbidden item in order to permit it with nullification. This is based on the Gemara Beitzah 4b. The Rama, however, argues that it is forbidden to do so. See Shulchan Aruch OC 677:4 who seems to forbid as well. Kaf HaChaim 99:68 writes that the Sephardi minhag is to follow Shulchan Aruch and allow nullification on derabbanan prohibitions by adding to the mixture. Pri Megadim Siftei Daat 99:17 writes that once a few barrels of chametz liquor made on Pesach was mixed with a barrel of liquor made afterwards since it was a major loss it was permitted to add more in order to create the nullification.</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> | ##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> | ||
