Nullification: Difference between revisions
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The Torah introduces a halachic mechanism in which the minority is nullified in the majority called Bitul. <ref> This principle is based on the pasuk "אחרי רבים להטת" (Shemot 23:2) meaning that one should follow the majority. </ref> | The Torah introduces a halachic mechanism in which the minority is nullified in the majority called Bitul. <ref> This principle is based on the pasuk "אחרי רבים להטת" (Shemot 23:2) meaning that one should follow the majority. </ref> | ||
==Introduction to Taste of Forbidden Foods== | |||
# There’s a dispute between Rashi<ref>Rashi chullin 98b</ref> and Tosfot<ref>Tosfot Chullin 98b s.v. Rava based on the Gemara Pesachim 44b which derives from the pasuk that bread with the taste of wine is biblically forbidden to a nazir.</ref> whether we consider the taste of a forbidden food like the actual forbidden food itself on a biblical level or only on a rabbinic level. Rashi holds it is only rabbinic and Tosfot holds it is biblical. One ramification of this is if there’s a mixture of a forbidden food in a liquid mixture of another taste which was permitted, if it is unclear whether there is sixty times the volume<ref>Badei Hashulchan 98:12 rules that nullification depends on the volume and not weight.</ref> of the forbidden food according to Rashi it is permitted and according to Tosfot it is forbidden. We hold like Tosfot. <ref>Shulchan Aruch 98:1-2, Badei Hashulchan 98:1</ref> | |||
===Liquid Mixtures=== | |||
# A forbidden food that fell into a mixture of permitted food that shares its taste is nullified biblically as long as there’s a majority and according to the rabbis requires nullification of one to sixty to be permitted. However, if that forbidden food fell into a mixture of permitted food with a different taste than it, it would require nullification of one to sixty on a biblical level. <ref> | |||
* The gemara Zevachim 78b explains that a mixture of like ingredients is nullified by majority on a biblical level and nullified by one in sixty on a rabbinic level, whereas mixtures of different types are only nullified even on a biblical level if there’s one in sixty. Why do you need 60 needs to nullified the forbidden food in a mixture of like types? The Rosh (Chullin 7:37) explains that it is a particular prohibition to avoid any confusion between these two categories. However, the Rambam (Machalot Asurot 15:4-5) understands that this rabbinic prohibition was such that a forbidden food is never nullified until it is dispersed in such a great quantity such as one in sixty that it is completely lost. The Badei Hashulchan 98:13 cites this dispute. | |||
* The Rama 98:2 holds that the distinguishing factor between like mixtures and mixtures of different types depends on the type of food and its name. However, the Shach 98:6 argues that the distinguishing factor is the taste of the foods. The Badei Hashulchan 98:19 writes that we hold like the Shach.</ref> | |||
## For example, meat and fat are considered different types of food unless the meat is very fatty.<ref>Shach 98:1 and Taz 98:1, Badei Hashulchan 98:2</ref> | |||
# Since everything is really dependant on taste, theoretically it would be sufficient to taste the mixture to see if there’s still any taste of the forbidden food in the mixture. However, since it is forbidden to taste, the next option is to give it to a non-Jew to taste. The practice is not to rely on the non-Jew for this matter. In fact there’s a dispute in the poskim whether one can rely on the tasting of an another Jew in cases where it is permitted to taste it and we hold that initially one should not rely on that either.<ref>Badei Hashulchan 98:14</ref> | |||
===Liquid Mixtures=== | |||
# A forbidden food that fell into a mixture of permitted food that shares its taste is nullified biblically as long as there’s a majority and according to the rabbis requires nullification of one to sixty to be permitted. However, if that forbidden food fell into a mixture of permitted food with a different taste than it, it would require nullification of one to sixty on a biblical level. <ref> | |||
* The gemara Zevachim 78b explains that a mixture of like ingredients is nullified by majority on a biblical level and nullified by one in sixty on a rabbinic level, whereas mixtures of different types are only nullified even on a biblical level if there’s one in sixty. Why do you need 60 needs to nullified the forbidden food in a mixture of like types? The Rosh (Chullin 7:37) explains that it is a particular prohibition to avoid any confusion between these two categories. However, the Rambam (Machalot Asurot 15:4-5) understands that this rabbinic prohibition was such that a forbidden food is never nullified until it is dispersed in such a great quantity such as one in sixty that it is completely lost. The Badei Hashulchan 98:13 cites this dispute. | |||
* The Rama 98:2 holds that the distinguishing factor between like mixtures and mixtures of different types depends on the type of food and its name. However, the Shach 98:6 argues that the distinguishing factor is the taste of the foods. The Badei Hashulchan 98:19 writes that we hold like the Shach.</ref> | |||
## For example, meat and fat are considered different types of food unless the meat is very fatty.<ref>Shach 98:1 and Taz 98:1, Badei Hashulchan 98:2</ref> | |||
# Since everything is really dependent on taste, theoretically it would be sufficient to taste the mixture to see if there’s still any taste of the forbidden food in the mixture. However, since it is forbidden to taste, the next option is to give it to a non-Jew to taste. The practice is not to rely on the non-Jew for this matter. In fact there’s a dispute in the poskim whether one can rely on the tasting of an another Jew in cases where it is permitted to taste it and we hold that initially one should not rely on that either.<ref>Badei Hashulchan 98:14</ref> | |||
==Bitul BeRov== | ==Bitul BeRov== | ||
# If non-Kosher solid food is mixed up in a simple majority (51%) of Kosher food, and the non-Kosher food is similar in taste to the non-Kosher piece, is unrecognizable in the mixture, and the mixture is not hot or cooked together, then mixture as a whole is permissible.<ref>The Gemara Chullin 98b assumes that it is possible to nullify a forbidden item in a mixture of permitted ones. Rashi s.v. de’mdeoritta explains that this is based on the pasuk Shemot 23:2 which says that we follow majority. Shach YD 109:6 agrees. See Gemara Chullin 11a which employs that pasuk for the rule of following majority for items that leave a mixture. See also the Shaarei Yosher 3:4 regarding the difference between these concepts. The concept of nullification with a majority is codified by the Tur and Shulchan Aruch YD 109:1. | # If non-Kosher solid food is mixed up in a simple majority (51%) of Kosher food, and the non-Kosher food is similar in taste to the non-Kosher piece, is unrecognizable in the mixture, and the mixture is not hot or cooked together, then mixture as a whole is permissible.<ref>The Gemara Chullin 98b assumes that it is possible to nullify a forbidden item in a mixture of permitted ones. Rashi s.v. de’mdeoritta explains that this is based on the pasuk Shemot 23:2 which says that we follow majority. Shach YD 109:6 agrees. See Gemara Chullin 11a which employs that pasuk for the rule of following majority for items that leave a mixture. See also the Shaarei Yosher 3:4 regarding the difference between these concepts. The concept of nullification with a majority is codified by the Tur and Shulchan Aruch YD 109:1. | ||
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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> | ||
==Unsure if there is | ==Unsure if there is Sixty== | ||
# If the food is before us, one must measure it to figure out whether the forbidden item was nullified.<ref>Orchot Chaim (Machalot Asurot n. 14 s.v. hareviyi) quoting the Rabbenu Peretz, Bet Yosef 98:2</ref> Even if it is impossible to measure as long as the forbidden mixture is in front of us, one can't be lenient unless one knows that there was at least sixty times of forbidden taste compared to the permitted taste. <ref>Shulchan Aruch YD 98:3 writes that only if a mixture is before us one must measure it, however, if it was spilled and one doesn't know how much was in the mixture and whether that was sufficient to nullify the forbidden taste that's considered a doubt. The Taz 98:6 quotes the Mordechai who explains that if a fool can't measure it but it is possible for other people to measure that's not considered a doubt since it is possible to ask someone else to measure it. However, if no one in the generation knows how to measure it that's considered a valid doubt. The Shach 98:9 similarly quotes the Mordechai but also quotes the Ran who says that as long as the mixture is before us it isn't considered as though there's a doubt if there's nullification as the Rabbis made an enactment without distinctions. The Kaf HaChaim 98:43 cites the Shach and notes that it seems that the Taz's leniency, that if no one knows how to measure it, it is considered a doubt even if the mixture is before us, is against the Ran. | # If the food is before us, one must measure it to figure out whether the forbidden item was nullified.<ref>Orchot Chaim (Machalot Asurot n. 14 s.v. hareviyi) quoting the Rabbenu Peretz, Bet Yosef 98:2</ref> Even if it is impossible to measure as long as the forbidden mixture is in front of us, one can't be lenient unless one knows that there was at least sixty times of forbidden taste compared to the permitted taste. <ref>Shulchan Aruch YD 98:3 writes that only if a mixture is before us one must measure it, however, if it was spilled and one doesn't know how much was in the mixture and whether that was sufficient to nullify the forbidden taste that's considered a doubt. The Taz 98:6 quotes the Mordechai who explains that if a fool can't measure it but it is possible for other people to measure that's not considered a doubt since it is possible to ask someone else to measure it. However, if no one in the generation knows how to measure it that's considered a valid doubt. The Shach 98:9 similarly quotes the Mordechai but also quotes the Ran who says that as long as the mixture is before us it isn't considered as though there's a doubt if there's nullification as the Rabbis made an enactment without distinctions. The Kaf HaChaim 98:43 cites the Shach and notes that it seems that the Taz's leniency, that if no one knows how to measure it, it is considered a doubt even if the mixture is before us, is against the Ran. | ||
* As an outgrowth of this discussion, if a non-Jew or child added forbidden food to a pot and one can't know how much forbidden ingredients were added, the Pitchei Teshuva 98:8 quotes the Emunat Shmuel who believes that it is considered like the case of the food spilling or getting lost since it is nearly impossible to figure out the measurement. Nonetheless, the Emunat Shmuel writes that his logic was speculative and not definitive for a ruling. The Pri Chadash 98:9 agrees with the Emunat Shmuel even as definitive ruling. Chachmat Adam 51:13 and Badei HaShulchan 98:17 hold like the Pri Chadash that the addition of forbidden food by a child or non-Jew in a case where it is impossible to measure the amount of forbidden food that was added is considered a valid doubt.</ref> | * As an outgrowth of this discussion, if a non-Jew or child added forbidden food to a pot and one can't know how much forbidden ingredients were added, the Pitchei Teshuva 98:8 quotes the Emunat Shmuel who believes that it is considered like the case of the food spilling or getting lost since it is nearly impossible to figure out the measurement. Nonetheless, the Emunat Shmuel writes that his logic was speculative and not definitive for a ruling. The Pri Chadash 98:9 agrees with the Emunat Shmuel even as definitive ruling. Chachmat Adam 51:13 and Badei HaShulchan 98:17 hold like the Pri Chadash that the addition of forbidden food by a child or non-Jew in a case where it is impossible to measure the amount of forbidden food that was added is considered a valid doubt.</ref> | ||
