One found a dairy vessel amongst the meat vessels or vice versa:
One of the most common kashrus questions in a kosher kitchen is discovering a dairy vessel among meat dishes, or vice versa. A dairy spoon suddenly appears in the meat drawer, a milk bowl is found on the meat drying rack, or a dairy plate accidentally goes through the meat dishwasher.
Fortunately, not every mix-up creates a kashrus problem. In many situations the vessels remain entirely permitted due to the principles of safek sfeika, the absence of known hot contact, or uncertainty whether any transfer of taste occurred. However, when hot water, dishwashers, sinks, or washing pots are involved, the halacha becomes more complex and may require kashering or rabbinic guidance.
- The General Principles
Before we begin analyzing each individual case, it is important to outline the general principles that determine whether, and under what circumstances, a vessel can absorb the taste of the opposite food.
Heat – Yad Soledes Water: The first and most important factor is heat. As a general rule, a vessel cannot absorb the taste of food unless it comes into contact with a liquid that is at least Yad Soledes Bo temperature[1], or alternatively, unless the vessel remains immersed in the liquid for twenty-four hours, a process known as Kavush.[2] However, if one is unsure whether the vessel soaked for 24 hours then it is permitted.[3] Even when the liquid is Yad Soledes Bo, taste transfer can generally occur only when the liquid has the halachic status of a Keli Rishon. If the liquid does not have the status of a Keli Rishon, its ability to transfer taste is either limited or subject to halachic dispute. For example, if hot water is poured from a Keli Rishon (Irui Keli Rishon) onto a vessel, the Poskim[4] debate whether such pouring has the ability to transfer taste from food residue into a vessel. If, however, the hot water is contained in a Keli Sheini[5], and certainly if it is being poured from a Keli Sheini[6], it generally does not have the ability to transfer taste, even when the water remains hot.
Ein Machazikin Issur MiMakom LeMakom:[7] A second principle relevant to many of the cases discussed in this chapter is Ein Machazikin Issur MiMakom LeMakom. This rule states that we do not assume that a prohibited event occurred by speculating that an item which is presently found in one location may previously have been in another location where it could have become prohibited.
These two principles, namely the requirements of heat and the rule of Ein Machazikin Issur MiMakom LeMakom, form the foundation for understanding the halachos discussed below.
- One Who Never Uses Hot Water for Washing Dishes
Based on the first principle discussed above, if one never washes dishes using water that is Yad Soledes Bo, which is often the case, then a mix-up between meat and dairy utensils will generally not present a kashrus concern. Thus, if one finds a dairy utensil among meat utensils, or vice versa, whether in a drying rack, cabinet, drawer, or even in the sink, all of the vessels remain permitted.
The reason for this is simple. In the absence of heat, there is no halachically significant transfer of taste from one vessel to another. Since no hot water was used, there is no mechanism through which the meat or dairy taste could have been absorbed into the opposite vessel.
The only exception would be a case in which one knows with certainty that the vessel remained immersed for twenty-four hours in a liquid containing the opposite food, in which case the laws of Kavush may apply. Likewise, according to some opinions, a concern may arise if hot water from a Keli Rishon was poured onto the utensils while meat and dairy residue were present together, such as when draining hot pasta or other food into a sink containing utensils of the opposite designation.
However, even in these situations, if there is any doubt whether such an event actually occurred, the vessels remain permitted. Certainly, when the mixed-up vessel is merely found in a drawer, cabinet, or drying rack rather than in the sink itself, there is even greater reason to be lenient, as will be explained below.
- One Who Regularly Uses Hot Water for Washing Dishes – Iruiy Keli Rishon
We will now address the case of one who regularly washes dishes using hot water from the sink faucet. Although the water may be very hot, it is generally not considered a Keli Rishon, but rather Irui Keli Rishon, as the hot water is being poured from the faucet onto the dishes.
Is uncertain whether there was any meat or dairy residue: Even when one routinely washes dishes with hot water, if he finds a dairy vessel in the meat sink and is uncertain whether there was any meat or dairy residue present in the sink at the time the vessel was washed, there is room to be lenient and permit the vessels. The reason for this is that a Sfek Sfeika exists. First, perhaps the vessel was entirely clean and there was no meat residue present that could have transferred taste. Second, even if meat residue was present, perhaps we rule like those authorities who maintain that Irui Keli Rishon does not have the same ability as a Keli Rishon to cause a vessel to absorb prohibited taste. Since both doubts are present, there is substantial basis for leniency.
Found in sink and is certain there was meat or dairy residue: If, however, one knows with certainty that the vessels contained residue of meat or dairy and that hot Irui Keli Rishon water was poured over it while it was in the sink, then the matter becomes subject to the dispute brought above regarding the status of Irui Keli Rishon. In such a case, one may generally only rely on the lenient opinion in a situation of significant loss.[8] Thus, if one knows with certainty that both meat and dairy residue were present at the time the dishes were washed with hot water, then all of the affected vessels require kashering. If, however, one knows that only meat residue was present, then only the dairy vessel is subject to concern and requires kashering, while the meat vessels remain permitted. Conversely, if one knows that only dairy residue was present, then only the meat vessels require kashering, while the dairy vessel remains permitted.
If the vessels were Clean but Ben Yomo:[9] The above stringency applies primarily when one knows for certain that actual meat or dairy residue was present on the vessels. However, if the meat and dairy vessels were completely clean and merely Ben Yomo, all of the vessels remain permitted, even if the vessels had been used with meat or dairy within the previous twenty-four hours.
Found in drying rack, cabinet, or drawer: The above stringency of vessels with residue applies only when the vessel is found in the sink itself, as in that case there is reason to assume that the vessel had been washed together with utensils of the opposite designation while exposed to hot water and food residue. However, if the vessel is discovered on a drying rack, in a cabinet, or inside a drawer, then the ruling is more lenient. Even if one regularly washes dishes using hot Irui Keli Rishon water, all of the vessels remain permitted.[10] The reason is that a Sfek Sfeika exists.[11] First, perhaps the dairy vessel was never washed together with the meat utensils at all. It may simply have been misplaced onto the drying rack or into the drawer after washing. Second, even if it was washed together with the other utensils, perhaps we follow the opinion that Irui Keli Rishon does not have the ability to transfer taste into a vessel in a manner that would prohibit it. Furthermore, there is an additional reason for leniency based on the principle of Ein Machazikin Issur MiMakom LeMakom.[12] Since the vessel was found on the drying rack, in the cabinet, or in the drawer, we do not assume that it had previously been in the sink under circumstances that would have rendered it prohibited. We do not presume that a kosher vessel became forbidden elsewhere without evidence that such an event actually occurred. Accordingly, even if one knows for certain that meat residue was present at the time of washing, the vessel remains permitted when it is merely found in a drying rack, cabinet, or drawer. Since the vessel was not found in the actual location where the potential prohibition would have taken place, and there remains a valid Sfek Sfeika, we do not assume that it became prohibited.
- One Who Regularly Uses Hot Keli Rishon Water in a Pot for Washing Dishes[13]
We will now discuss the case of one who washes dishes using hot water contained in a pot that had been heated on the fire. In contrast to the common practice of washing dishes under hot running faucet water, which is generally classified as Irui Keli Rishon, here the water itself retains the status of a Keli Rishon, whether the pot remains on the flame or was removed from the flame after being heated.[14] Since a Keli Rishon possesses a much greater capacity to transfer and absorb taste, the halachic ramifications of meat and dairy dishes becoming mixed during the washing process are considerably more severe. Accordingly, many of the leniencies that may apply when dishes are washed with ordinary faucet water will not apply in this case.
Found in drying rack, cabinet, or drawer: If one discovers a dairy vessel among his meat utensils, such as on a meat drying rack, inside a meat drawer, or in a meat cabinet, all of the vessels remain permitted.[15] This ruling applies even if one regularly washes dishes using hot water from within a Keli Rishon.[16] The reason for this is because there are generally several doubts working in our favor. Perhaps hot Keli Rishon water was never used with the vessel, perhaps the dairy and meat utensils were never washed together, and even if they were washed together, perhaps one or both vessels were not Ben Yomo. Furthermore, some Poskim[17] rule that even if one knows that the dairy and meat vessels were both Ben Yomo, or even contained meat and dairy residue, the vessels nevertheless remain permitted.[18] Since the vessel was found in a drawer or drying rack and not in the actual area of concern, we do not assume that a prohibitive event occurred. The basis for this leniency is the principle discussed above of Ein Machazikin Issur MiMakom LeMakom. Although the vessel was found in a meat area, we do not assume that it was previously present in a location where it could have become prohibited, such as being washed together with meat utensils in hot water. Rather, we maintain its original kosher status. Other Poskim[19], however, are more stringent. They rule that if one knows with certainty that the vessels were dirty with food residue or were Ben Yomo, and he regularly washes his dishes together in hot Keli Rishon water, then the vessels may become prohibited unless there was sixty times the volume of water relative to the residue.[20] Practically, when one regularly washes dishes in hot Keli Rishon water and knows with certainty that the relevant vessels were dirty or Ben Yomo, it is proper to kasher all vessels that are kasherable.[21] Vessels that cannot be kashered may be used after waiting twenty-four hours.
Found in the Keli Rishon washing pot:[22] If after washing dishes one found a dairy vessel in his Keli Rishon washing pot, then according to all opinions the vessel is forbidden unless one is sure that it was not washed together with other meat vessels, or he is sure that all the vessels were clean and not Ben Yomo, or he is unsure regarding both of these matters.
- What is the law if one found a milk vessel in his meat dishwasher?[23]
If one found a dairy vessel in his meat dishwasher which uses Yad Soledes water, then if one does not know for certain that the meat vessels were clean, the dairy vessel is forbidden.[24] [However, the meat vessels remain permitted if one can assume that there were 60x against any dairy residue.] If, however, soap was used throughout the entire period of the hot washing, then many Poskim[25] are lenient to permit all the vessels. Possibly one may rely on this if he is unsure if the vessels were dirty with meat.[26] Likewise, even if he is positive that there was meat and dairy residue there, some dishwashers may be defined as Iruiy Keli Rishon, and would contain an added leniency.
Table 1: Core Principles
| Principle | Rule | Practical Result |
| Heat | Taste transfer requires Yad Soledes Bo heat or 24-hour soaking (Kavush). | Without heat or Kavush, vessels generally do not absorb taste. |
| Kavush | Soaking in liquid for 24 hours is considered like cooking. | Can cause absorption even without heat. |
| Safek Kavush | If one is unsure whether 24 hours elapsed, we are lenient. | Vessel remains permitted. |
| Keli Rishon | Hot water in a Keli Rishon can transfer taste. | Creates a genuine kashrus concern. |
| Irui Keli Rishon | Hot water poured from a Keli Rishon is subject to dispute. | May create grounds for leniency. |
| Keli Sheini | Generally does not transfer taste. | Vessels remain permitted even if hot. |
| Ein Machazikin Issur MiMakom LeMakom | We do not assume an item became prohibited elsewhere. | A vessel found in a drawer or cabinet retains its kosher status. |
Table 2: One Who Never Uses Hot Water For Washing Dishes
| Scenario | Ruling |
| Dairy vessel found among meat dishes | Permitted |
| Found in sink | Permitted |
| Found in drying rack | Permitted |
| Found in drawer or cabinet | Permitted |
| Unsure whether vessel soaked 24 hours | Permitted |
| Certainty of 24-hour soaking in opposite liquid | May be prohibited due to Kavush |
| Hot Keli Rishon food or water poured onto vessels together with opposite residue | Potential concern |
| Doubt whether such pouring occurred | Permitted |
Table 3: One Who Uses Hot Faucet Water (Irui Keli Rishon)
| Scenario | Ruling |
| Unsure whether opposite residue was present | Permitted |
| Unsure whether vessel contained residue | Permitted |
| Found in sink with multiple doubts | Permitted due to Sfek Sfeka |
| Certain meat residue present and hot water poured over dairy vessel | Stringent unless great loss |
| Certain dairy residue present and hot water poured over meat vessel | Stringent unless great loss |
| Certain meat and dairy residue present simultaneously | All affected vessels require kashering |
| Only meat residue present | Only dairy vessel requires kashering |
| Only dairy residue present | Only meat vessel requires kashering |
| Clean vessels that are merely Ben Yomo | Permitted |
| Clean meat and dairy vessels washed with hot pareve water | Permitted |
Table 4: Irui Keli Rishon – Location Found
| Where Was the Vessel Found? | Ruling | Reason |
| Sink | Potential concern | We know it was in the location of possible transfer. |
| Drying rack | Permitted | Sfek Sfeka + Ein Machazikin Issur MiMakom LeMakom |
| Cabinet | Permitted | Sfek Sfeka + Ein Machazikin Issur MiMakom LeMakom |
| Drawer | Permitted | Sfek Sfeka + Ein Machazikin Issur MiMakom LeMakom |
Table 5: One Who Washes Dishes in a Keli Rishon Pot
| Scenario | Ruling |
| Dairy vessel found in meat drawer/cabinet/drying rack | Permitted |
| Dairy vessel found in actual Keli Rishon washing pot | Forbidden unless additional grounds for leniency exist |
| Unsure vessels were washed together | Generally permitted |
| Unsure if vessels were Ben Yomo | Generally permitted |
| Knows vessels were dirty and Ben Yomo | Kasher vessels |
| Non-kasherable vessels | Wait 24 hours before use |
| Found outside the washing area | Permitted based on Safek Sfeka and Ein Machazikin |
Common Household Cases
Case 1: The Dairy Fork in the Meat Drawer
Mrs. Cohen opens her meat drawer and discovers a dairy fork mixed together with the meat cutlery.
Ruling
Everything remains permitted, unless one knows for certain that the vessels were dirty with food, or Ben Yomo, and he is accustomed to wash the vessels in a Keli Rishon.
We do not assume that any prohibited interaction occurred merely because the fork was found in the drawer.
Case 2: The Dairy Bowl on the Meat Drying Rack
After Shabbos, Mrs. Gold notices that a dairy cereal bowl was mistakenly placed on the meat drying rack.
Ruling
All dishes remain kosher.
Even though the dairy bowl was stored in the wrong location, there is no reason to assume that any prohibited hot transfer occurred.
[1] Michaber 105:1
How much is Yad Soledes? The generally accepted custom is to consider 110 Fahrenheit as Yad Soledes. In any case of doubt of whether the food is Yad Soledes, one must be stringent as if it were Yad Soledes. [See Piskeiy Teshuvos 253:1; SSH”K 1 footnote 3; Igros Moshe 4:74 and Yoreh Deah 2:52; Darkei Halacha 105; Pischeiy Teshuvah Y.D. 105:7; Darkei Teshuvah 105; 51; Kaf Hachaim 105:3]
[2] Michaber 105:1
[3] Rama 105:1
The reason: The reason why we are lenient by Basar Bechalav is because it is only Biblically forbidden to eat a mixture of Basar Bechalav if they have been previously cooked together. If however they were pickled together Kavush, then it is merely a Rabbinical Issur. Therefore. in a case of doubt if they were Kavush. since it is a doubt regarding a Rabbinical prohibition we are lenient. [Rama ibid]
[4] If one poured hot Pareve Yad Soledes Keli Rishon water onto meat and dairy vessels which contain meat and dairy residue, some Poskim rule that nonetheless, everything remains permitted. [Rama 95:3] However, other Poskim rule that everything is forbidden. [Shach 95:20; Taz 95:12; Rashal Kol Habasar 64; Kneses Hagedola 95:53; Minchas Yaakov 57:23; Peri Chadash 95:17; Kreisi 95:11; Lechem Hapanim 95:22; Chavas Daas 95:19; P”M 97 S.D. 20; Kaf Hachaim 95:47 and 52] Practically, one may be lenient in a case of great loss. [Shach ibid; Kneses Hagedola 95:53; Minchas Yaakov 57:23; Chavas Daas 95:19] If one poured hot Pareve Yad Soledes Keli Rishon water onto meat and dairy vessels which were clean, everything remains permitted even if these vessels were Ben Yomo. [Rama 95:3; Shach 95:20] According to the Rama, the reason is because the pouring of a Keli Rishon does not have the ability to cause the taste absorbed in the pots to come out. [Rama ibid] According to the Shach ibid, it is permitted because it is Nat Bar Nat and is a case of Iruiy Keli Rishon. [Shach ibid;]
[5] 1st opinion in Michaber 105:2 and so is his final ruling Bedieved; Rama 105:3; 68:11; 92:7; Toras Chatas 33 and 57; Tur in name of opinion brought in Rashba; Rashbam; Rosh; Ran; Mordechai; Sefer Hateruma brought in Shach 105:5; Taz 95:12; Opinion in Admur 451:33; Lechem Hapanim 95:22; Kaf Hachaim 95:47
[6] See Admur 451:34
[7] P”M 97 M.Z. 14; Yad Avraham 95; Admur 467:37; Rama O.C. 467:11; M”A 467:16 and 18; Encyclopedia Talmudit Vol. 1 Erech “Ein Machzikim Mimakom Limakom” p. 663
[8] If one found the dairy vessel in the meat sink and one uses Yad Soledes water of Iruiy Keli Rishon, then according to the stringent of the Shach, one requires the Safek Sfeka for the milk vessel to be Kosher. [See Yad Avraham 95] Thus if one knows for certain that the vessels were Ben Yomo or that they were dirty, the vessel is forbidden if one always washes with hot Keli Rishon water. If one washes with Iruiy Keli Rishon this enters into the dispute between the Rama and Shach mentioned above.
[9] Rama 95:3; Shach 95:20
[10] Rama 95:3
[11] See Taz 95:14 in name of Issur Viheter; Lechem Hapanim 95:29; Beis Lechem Yehuda 95:17; Chavas Daas 95:20; P”M 97 M.Z. 14; Kaf Hachaim 95:54
[12] P”M 97 M.Z. 14; Yad Avraham 95
[13] Rama 95:3
[14] Practical note: Today, this method of washing dishes is relatively uncommon in most homes, where dishes are generally washed either under running sink water or in a dishwasher. Nonetheless, it was much more common in previous generations, and it may still be encountered in certain settings, such as camps, cottages, temporary kitchens, outdoor cooking areas, or homes that fill a pot with very hot water for soaking and washing dishes. For this reason, its laws remain practically relevant.
[15] The reason: The milk vessels remains Kosher, as we do not assume that it was washed together with meat vessels in a Keli Rishon in a way that they would forbid each other. [Rama ibid] The reason for this is because there is a Safek Sfeka involved. Perhaps hot Keli Rishon water [or Iruiy Keli Rishon water according to Shach 95:20] was not used, furthermore even if one certainly used hot water from a Keli Rishon] there is a doubt as to whether the meat and milk vessels were washed together simultaneously. Furthermore, even if they were washed simultaneously there is doubt as to whether they were Ben Yomo or not. [Taz 95:14 in name of Issur Viheter; Lechem Hapanim 95:29; Beis Lechem Yehuda 95:17; Chavas Daas 95:20; P”M 97 M.Z. 14; Kaf Hachaim 95:54] Alternatively, we do not assume a Kosher item has become Treif in another area. [P”M 97 M.Z. 14; Yad Avraham ibid]
[16] Taz 95:14 in name of Issur Viheter; Lechem Hapanim 95:29; Beis Lechem Yehuda 95:17; Chavas Daas 95:20; P”M 97 M.Z. 14; Kaf Hachaim 95:54
The reason: The reason for this is because there is still a Safek Sfeka involved. Perhaps the meat and milk vessels were not washed together simultaneously. Furthermore, even if they were washed simultaneously, there is doubt as to whether they were Ben Yomo or not. [Taz ibid; Poskim ibid]
[17] P”M 97 M.Z. 14; Yad Avraham 95
[18] The reason: If one always washes his dishes with hot Keli Rishon water, seemingly according to the Rama:Taz the dairy dish would be forbidden as there is only one doubt. However, in truth there is another reason to be lenient, which is based on the rule of Ein Machzikim Issur Memakom Lemakom, and thus here we do not assume that the milk dish which is the drying rack was placed in the forbidden area of the sink, and thus even in such a case it is permitted. [Poskim ibid]
[19] Peri Chadash 95:18 based on Issur Viheter; Lechem Hapanim 95:29; P”M 97 M.Z. 14
[20] If the plates were dirty with meat or dairy residue, then this applies according to all, even the Michaber. If, however, the plates were clean but were Ben Yomo, then it is only forbidden according to the Rama. [Implication of Peri Chadash 95:18; Zivcheiy Tzedek 95:36; Kaf Hachaim 95:55; See Halacha 5]
[21] Beis Lechem Yehuda 95:17; Kaf Hachaim 95:54
[22] See Yad Avraham 95 that when the vessel is found in its area of Issur, according to all opinions a Safek Sfeika is required to permit it.
[23] See Yad Avraham ibid
[24] The reason: As there is no Safek here, as we know for sure it was washed with meat dishes in Yad Soledes water in a Keli Rishon. [Dishwashers typically heat the water to 140 degrees Fahrenheit and the water is heated within the dishwasher itself. However, perhaps the spraying water can be viewed as Iruiy Keli Rishon and hence be permitted according to the Rama, and according to the final ruling, in a case of great loss, as explained in Halacha 8. However, see article of Rav Rosen who explains that these Rabbanim who gave their lenient rulings were unaware of how the machine works, and that in today’s machines it is judged as an actual Keli Rishon, as they contain coils inside, and the food does not become Pagum due to the soap, and there is no 60x when the water drains out, and other facts that the Rabbanim were unaware of today.]
[25] Michaber 95:4; Chacham Tzevi 101; Tzemach Tzedek [Kadmon] 91; Peri Toar 95:6; Beis David Y.D. 41; Kneses Hagedola 95:46 in name of Lechem Chamudos and Damesek Eliezer that so is custom in many places; Birkeiy Yosef 95 Shiyurei Bracha 4 that we follow Michaber the Posek Hador and that many Poskim agree with him and that so is the custom; Birkeiy Yosef 107:10; Erech Hashulchan 107:1; Kehilas Yehuda 107; Eidus Behosef Samon 42; Ikarei Hadaat Y.D. 11:21; Chochmas Adam 48:15; Aruch Hashulchan 87:33; 95:24; Zivcheiy Tzedek 95:38 that so is custom in Iraq and no one has ever protested this; Ben Ish Chaiy Bechukosaiy 12; Kaf Hachaim 95:56
[26] Now although a Stam vessel that is being washed is dirty, as explained in Shach 95:1, nevertheless here if one does not know for sure the vessel is dirty one may be lenient as perhaps the leftover residue became spoiled due to the soap or other spoiling agent. Nevertheless, there are Poskim who in truth learn that the vessel is only permitted if one knows for certain that it was clean. [Yad Avraham]