From the Rav’s Desk: Placed hot pot on top of non-kosher counter

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  1. Question: [Monday, 15th Elul 5781]

We are staying in a B&B rental and I absentmindedly placed a hot pot of food directly down on a non-kosher counter. The counter was cleaned before we arrived and has not been used for some time before our arrival. What is the status of my pot of food?

Answer:

So long as the counter was clean of any non-kosher residue, everything remains valid.

Explanation: The only way a hot pot can become prohibited due to being placed on a non-kosher counter, is if the counter contains actual residue of non-kosher food, in which case the pot requires Koshering and possibly the food requires 60 time versus the residue depending on how hot the pot was when it was placed on the residue and if it has the ability to cause it to boil. However, if the counter is clean, then the pot and its food remains permitted. This certainly applies if the counter is no longer Ben Yomo, as in the case above, and may even apply even if the counter is Ben Yomo from hot non-kosher use, if both the counter and bottom of pot are dry, in which case there is no way for the taste that is absorbed in the counter to transfer into the pot. Furthermore, even if the counter is wet, at the very least the food will remain permitted due to the classical rule of Tatah Gavar which could only a peels worth, although the pot itself would require Koshering.

Sources: See regarding placing hot pot on Issur: Rama Y.D. 92:7; See regarding Non-Ben Yomo: Michaber Y.D. 93:1; See regarding the need for liquid to transfer taste from vessel: Rama 92:8; Taz 92:29; 97:3; See regarding Tatah Gavar on cold vessel: Michaber 94:8; Shach 94:33; Shach 105:23; Admur 451:66; Beir Yitzchak Y.D. 11; Piskei Admur Yoreh Deah p. 182 However, regarding Pareve see: Rama 95:2 as explained in Shach 95:6; Admur 494:16; Peri Chadash 95:8; Lechem Hapanim 95:10; Beis Lechem Yehuda 95:7; Kreisi 95:6; P”M 95 S.D. 6; Chavas Daas 95:7; Kaf Hachaim 95:28; P”M 95 S.D. 6; See Kreisi 95:6 who brings this contradiction]

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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