Is an item removed from a dishwasher considered Ben Yomo

Question:

Is an item that has just been removed from a dishwasher considered “Ben Yomo”—that is, has it retained its status as having been used within the past 24 hours for hot meat or dairy? In other words, does washing a utensil in a dishwasher affect whether it is regarded as still within the 24-hour window of its last use with hot food for purposes of kosher law? I would like clarification on the status of such an item. The practical ramifications of this would be in a case that I accidentally used this item within 24 hours of its washing in a dishwasher, with an opposite food, such as if I used a dairy metal spoon which was in the dishwasher within 24 hours to mix a small amount of chicken soup in a hot pot?

Answer:

For all intents and purposes, you can consider the utensil as not Ben Yomo so long as 24 hours has passed since its last hot use of meat or dairy. The fact that it is being washed in hot water in the dishwasher which contains remnant of meat or dairy does not consider it Ben Yomo.

Explanation:

A utensil becomes Ben Yomo in the event that it was used with hot meat or hot dairy within 24 hours. Now, the question is raised whether a dishwasher causes the utensils which are washed inside to be considered Ben Yomo, being that the utensils are washed with hot water together with many other utensils which almost for certain contain leftover meat or dairy. Hence, perhaps we should consider it as if one has literally cooked meat or dairy within the utensils that are in the dishwasher and hence when everyone uses a dishwasher to wash meat or dairy utensils that have remnant of meat or dairy, then the 24 hours for the Ben Yomo calculation restart. However, in truth there are several arguments that can be voiced to negate this worry. Including, the fact that it is possible that the dishwasher is defined as merely Iruiy Keli Rishon which does not have the ability to enter taste of the food into the vessel. A further argument that can be voiced is the fact that soap detergent was used in the dishwasher, hence in essence classifying all of the remnant food inside as spoiled. A further argument is that perhaps the hot water in the dishwasher contains a total of 60 times versus the food remnant, hence deeming it nullified and unable to transfer taste to any of the utensils inside. Now, while we can find authorities who are stringent in all of the above variables, claiming that soap does not have the ability to spoil the food taste, and that even pouring from a Keli Rishon has ability to transfer taste into a utensil, and that perhaps there is not 60 times in the water, nonetheless at the end of the day it at least adds up to a question and doubt as to its status. Now, the rule is that a regular vessel was assumed to be not Ben Yomo. The reason for this is because there is a double doubt involved, known as a Sfek Sfeika in Talmudic jargon. The double doubt is as follows: Perhaps it was not use within the past 24 hours, and even if it was, perhaps it was used for a food that will give a spoiled taste to the current food. Accordingly, we can use this same line of reasoning of Sfek Sfeika to consider the utensil which came out of the dishwasher as not Ben Yomo, as here too we have a double doubt, perhaps going through a dishwasher does not consider it Ben Yomo, and even if it does, perhaps it was used for a food that will add a spoiled taste to the opposite food. Due to all this, it is clear in my opinion that we do not consider utensils that have left a dishwasher as Ben Yomo, so long as 24 hours have passed from their actual last use of hot meat or milk.

Sources: See regarding Stam Keilim not Ben Yomo: Michaber Y.D. 122:6; Shach 122:4; See regarding soap: 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; See regarding Heter of Iruiy Klei Rishon: Rama 95:3 Shach 95:20; 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 52See in great length Igros Moshe Y.D. 2:42 for a defense of the custom to use the same sink for washing meat and then washing dairy dishes [separately] and a Halachic analysis on the power of pouring from a  Keli Rishon. This response of Rav Moshe was to the prohibiting ruling of Rav Halbershtam who understood that based on the rule of Iruiy Keli Rishon, one may not wash dishes in the same sink; See Yabia Omer 5:33 See in general regarding the status of dishwashers: See Hakashrus 1:71-77; Hakashrus Behalacha p. 141; Article of Rav Yisrael Rozen of Tzomet published in Techumin 11:130; Igros Moshe O.C. 1:104; Y.D. 2:28-29; Y.D. 3:10-11, 13; O.C. 3:58; Beir Moshe 7 Kuntrus Elektri 60

Bookmark