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Chapter 94
Used a dairy pot for meat or vice versa-Part 2
Introduction:
This chapter continues the theme discussed in the previous chapter regarding the same utensils being used for cooking meat and milk. In the previous chapter the scenario of pots were discussed, such as if a meat pot was used for cooking milk, or vice versa. In this chapter we will discuss the scenario of a dairy spoon being used for mixing hot meat, or vice versa. |
1. A dairy spoon was used in a hot pot of meat, or vice versa:
The law in such a case is dependent on the following factors:
- Was the spoon Ben Yomo?
- Was the spoon clean?
- How many times was the spoon stuck in?
- Does one know how much milk the spoon absorbed within the past 24 hours?
In Halacha A we will discuss the status of the food and pot, while in Halacha B we will discuss the status of the spoon.
A. The law of the food and the pot:
Scenario A: If the spoon was clean and not Ben Yomo:[1]
If one used a dairy spoon to mix a hot pot of meat, then if the spoon was clean from milk and was not Ben Yomo, both the food and pot remain Kosher. The spoon, however, must be Koshered as will be elaborated on in Halacha B!
Scenario B: If the spoon is Ben Yomo:[2]
If one used a dairy spoon to mix a hot pot of meat, then if the spoon was Ben Yomo[3] and one only stuck it into the pot one time, then one requires 60x in the food versus the spoon.[4] If indeed the food contains 60x, then the food and pot are Kosher while the spoon must be Koshered, as will be elaborated on in Halacha B!
- When measuring against the spoon, how much of the spoon does one measure 60x against?[5]
- Michaber:
First Opinion:[6] One measures 60x versus the volume of the area of the spoon that was inserted into the pot.[7] [Some Poskim[8] rule one measures 60x versus the amount of the spoon inserted into the volume of the pot, including the parts that were not inserted into the actual food. Other Poskim[9], however, rule one measures 60x only versus the amount of the spoon inserted into the actual food in the pot.]
Second Opinion:[10] Some Poskim rule that if a metal dairy spoon was inserted into a meat pot, one must measure 60x versus the entire spoon.[11]
Final ruling of Michaber: Some Poskim[12] rule that the final ruling of the Michaber follows the lenient opinion. However, other Poskim[13] rule the final ruling of the Michaber is to initially follow the stringent opinion to measure 60x versus the entire metal spoon, however, in a case of great loss, one may be lenient like the former opinion to measure simply versus the amount of material inserted.
- Rama:[14]
The main Halachic opinion is like the first opinion [to measure only versus the area of the spoon inserted] and so is the custom.
If one does not know how much of the spoon was inserted into the pot:[15] If one is unsure as to how much of the spoon was inserted into the food, then we measure 60x versus the head of the spoon, which is normal amount that a person sticks in. [This refers to the round area of the spoon, as opposed the handle of the spoon.[16] However, if the pot is very full, and in order to be properly mixed it requires also part of the handle to be inserted, then one is to measure also versus this amount of the handle. This especially applies if one sees that part of the handle is dirty with food, thus proving that it was inserted.[17]]
Summary on how much of the spoon to measure against:
If a [cold] vessel was inserted into a Keli Rishon, it dissipates its absorbed taste of food throughout the entire area of the vessel that is in the pot. One must thus measure 60x versus the area entered into the pot. This applies even by a metal vessel. See below for the final summary which includes crucial details taken from the Q&A below!
Q&A How does one measure the size of the spoon?[18] The measurement is done based on volume and not weight.[19] The measurement is done as follows: One fills a pot/vessel to capacity with water and inserts the spoon [or the area of the spoon inserted]. The excess water that spills out of the vessel upon doing so is the volume of the spoon which one is to measure 60x against.
Q&A on Cham Miktzaso Cham Kulo According to the opinion [and final ruling] who says that we do not say Cham Miktzaso Cham Kulo, is this even regarding absorbing taste or only regarding dissipating taste? Some Poskim[20] rule that even according to the opinion who rules that we do not say Cham Miktzaso Cham Kulo, this is only with regards to dissipating taste, however regarding absorbing taste, it can spread its taste to the other side. Other Poskim[21], however, rule that according to this opinion, the taste does not absorb or dissipate. The practical ramification is in a case that the spoon was inserted into hot Keli Rishon milk, and within 24 hours one inserted the opposite side into hot Keli Rishon meat. According to the former opinion, the meat requires 60x the spoon area while according to the latter opinion, the meat remains Kosher.[22] Practically, one may be lenient in a case of great loss.[23]
According to the opinion [and final ruling] who says that we do not say Cham Miktzaso Cham Kulo, does this apply even if the entire vessel is hot?[24] The above law only applies by a cold vessel. However, if a hot vessel was inserted into a pot of food, then everyone agrees that taste can penetrate, spread and dissipate to and from the entire vessel, by all materials. Thus, if a hot Yad Soledes dairy spoon was removed from a hot pot of milk and then inserted into a pot of meat, then one would require 60x versus the entire spoon.[25]
According to the opinion who says Cham Miktzaso Cham Kulo, does this apply even if the other side of the vessel is cold?[26] Yes.
Q&A on Cham Miktzaso Cham Kulo by foods If one partially stuck a chunk of meat into a hot pot of milk, against how much meat must one measure 60x?[27] The above dispute of measuring only versus the area that became submerged into the food is relevant only towards vessels, being that they are hard. However, by food, being that it is soft, everyone agrees that one must measure 60x versus the entire food even if only part of it was stuck into the milk. Thus, if one entered the tip of a 250-gram steak into a pot of hot milk, one requires 60 x versus 250 grams. Summary of Q&A: If a cold non-metal vessel was inserted into a Keli Rishon, it absorbs the taste of the food throughout the entire area of the vessel that is in the pot. Likewise, the vessel dissipates its absorbed taste throughout the area that is in the pot. If a metal vessel was inserted into a Keli Rishon, according to some Poskim it absorbs the taste of the food throughout the entire area of the vessel, even if it is above contact with the food and even if it is cold. However, the vessel only dissipates its absorbed taste from the area that was entered into the pot if it was cold while inserted. |
- If one knows the amount of milk that the spoon absorbed within the past 24 hours, may he measure the 60x against the milk?[28]
If one knows the amount of milk that the dairy spoon absorbed within the past 24 hours, then one can choose to measure 60x either versus the milk or the spoon. If the amount of milk is less than the volume of the area of the spoon stuck in, he can measure versus the milk. If the amount of milk is more than the amount of the area of the spoon stuck in, one can measure 60x versus the spoon. Thus when one knows how much milk the spoon absorbed, one can choose how to measure his 60x in accordance to whatever amount is less. [If the Ben Yomo dairy spoon was inserted into a food that contains only some milk, and one knows the amount of milk that it contained, and the milk was not nullified in 60x, then one can measure simply versus the estimate of diluted milk, and does not need to measure versus the entire spoon, milk, or food that contained the milk.[29]]
For example: If one melted a 2-gram sliver of butter in a milk pan, and used a 10-gram milk spoon, and then used that milk spoon to mix hot meat[30], the meat requires 60x versus the 2 grams of butter rather than 60x the 10-gram spoon, as one knows that the spoon did not absorb more than 2 grams of butter.
- What is the law if the spoon was inserted twice into the pot of hot meat?[31]
- Michaber:
If one inserted the dairy spoon into the meat pot one time and then removed it, one requires 60x in the food versus the area of the spoon which one entered into the pot, as explained above.[32] If, however, one removed the spoon, and before noticing that it was dairy one re-inserted it into the pot, one requires 120x versus the amount of the spoon that was inserted into the pot. However, if one did notice that the spoon was dairy and then forgot and re-entered it into the meat, one only requires 60x the area of the spoon which was stuck in.[33]
The reason one requires 120x the spoon when inserted twice:[34] The reason the Michaber requires 120x the spoon when it was inserted twice is because there are two Issurim of milk which have entered into the meat. The explanation: The first time the spoon was inserted it dissipated its absorbed milk into the meat, and one hence requires 60x against that milk. Now, we suspect the spoon retained some of it absorbed milk taste, as perhaps it only dissipated some, but not all, of its taste into the meat. Consequently, when this spoon is removed from the meat, the entire spoon becomes Chanan, as the leftover absorbed milk taste joins the newly absorbed meat taste and becomes a new Issur of Basar Bechalav. Thus, when one reinserts the spoon into the meat pot, he now requires another 60x versus the new Chanan prohibition that entered into it, for a total of 120x.[35] Now, although we rule that when two different Issurim fall into a pot each one joins to nullify the other[36], and hence if there is 60x the spoon everything should be Kosher irrelevant of how many times the spoon was inserted. Nevertheless, in truth, here since the milk of both Issurim contain the same taste[37], it is similar to two of the same Issur falling in one after the other, of which the ruling is that their taste join each other to require 120x the Issur.[38] This however only applies if one placed the spoon in twice without knowing in the interim that the spoon was dairy, as when he notices after the second insertion he is now required to nullify the first milk taste and the second Treif taste for a total of 120x versus the spoon. However, if one knew in the interim of replacing the spoon that the spoon was dairy, then the original milk which entered the food has already become nullified in 60x, and thus when he realizes after the second replacing that the spoon is Treif he now needs a single 60x versus this prohibition.[39]
The spoon was dirty with food prior to reinserting:[40] If when the spoon was removed the first time it contained food, and the spoon was then inserted a second time together with this food, one requires 60x also versus this food, irrelevant to whether one knew in between that the spoon was dairy. [This applies even according to Rama, as if food was left on the spoon, it becomes Chanan, as it has absorbed meat and milk.]
If one entered the spoon more than twice: If one entered the spoon into the pot more than twice, some Poskim[41] [i.e. Shach] rule one requires only 120x the spoon, as the Michaber does not hold of Chanan by other prohibitions. However, other Poskim[42] rule one requires 60x the amount of times one inserted the spoon, as even according to the Michaber it becomes a new Neveila each time. Practically, even Sephardim may be lenient like the Shach, as in any event the Rama is completely lenient.[43]
- Rama:[44]
There are opinions who rule that even in a case that the Ben Yomo dairy spoon was inserted twice [or more times[45]] and one did not know in between that it was dairy, nevertheless, one only requires 60x versus the spoon and not 120x.[46] Practically, the [Ashkenazi[47]] custom is to follow this latter opinion.
B. The law of the spoon:
Not Ben Yomo:[48] If a non-Ben Yomo dairy spoon was inserted into a hot pot of meat, it is forbidden to initially use the spoon for either meat or milk.[49] [However, from the letter of the law, it is permitted to be used with Pareve foods.[50] Nonetheless, the custom is to prohibit its use with any food until it is Koshered.[51]] Bedieved, if one went ahead and used the spoon with meat a second time, the meat nevertheless remains Kosher.[52] [If, however, one went ahead and used the spoon for hot Keli Rishon milk within 24 hours of mixing the hot Keli Rishon meat, then the milk requires 60x versus the area of the spoon inserted into it [or versus the amount of meat used, whatever is less[53]]. If, however, one only mixed it with milk after 24 hours passed from when it was used with the meat, then the milk remains Kosher.[54] The same applies vice versa if a meat spoon was stuck into a pot of hot milk. If it was used with Pareve food, the food remains Kosher in all cases, even if the spoon was within 24 hours of being stuck into the meat.[55]]
Ben Yomo:[56] If the spoon was Ben Yomo, then even if there is 60x in the pot versus the spoon, the spoon is forbidden due to Basar Bechalav and may not be used even for Pareve foods.[57] Bedieved if one went ahead and used the spoon with a Kosher[58] hot Keli Rishon food, then if it is within 24 hours of becoming Treif, the food is forbidden [to be eaten[59]] unless it contains 60x the area of the spoon that was inserted. If it is past 24 hours, the food remains Kosher. [Regarding from when the 24 hours are counted, whether from when the spoon was mixed with meat and became Treif or from the original time that it absorbed milk, some Poskim[60] rule that one counts the 24 hours from the first food that that the spoon absorbed [i.e. the milk]. However, other Poskim[61] rule that we count the 24 hours from the time that it became Chanan, which is from when it absorbed the second food [i.e. the meat]. Practically, we rule like the latter opinion.]
Summary:[62]
If one used a dairy spoon to mix a hot pot of meat, if the spoon was Ben Yomo, one requires 60x in the food versus the area of the spoon which was stuck into the food, in which case the food and pot are Kosher while the spoon must be Koshered. This applies even if the spoon was inserted many times into the pot until one realized it was dairy. If the spoon was clean from milk and was not Ben Yomo, both the food and the pot remain Kosher. The spoon however must be Kashered.
Q&A What is the law if a piece of meat/cheese/Issur falls into a pot of milk/meat/Heter and after removing it, it fell in again?[63] Although the cheese/meat becomes forbidden after falling in even one time, one only requires 60x in the food versus the cheese/meat even if it fell in numerous times. Perhaps this applies even according to the Michaber.[64]
What is the law if one is unsure if the pot of meat was Yad Soledes at the time that the dairy spoon was inserted?[65] In any case of doubt of whether the food was Yad Soledes at the time of insertion, one must be stringent and measure 60x versus the spoon. |
Compilation & Final Ruling Used a dairy spoon with pot of hot Keli Rishon meat or vice versa: Not Ben Yomo:[66] If one used a dairy spoon with a hot [Yad Soledes] Keli Rishon pot of meat, then if the spoon was clean from milk and was not Ben Yomo, then both the food and the pot remain Kosher. The spoon, however, must be Koshered.[67] Ben Yomo:[68] If one used a dairy spoon to mix a hot pot of meat, if the spoon was Ben Yomo, one requires 60x in the food versus the area of the spoon which was stuck into the food/pot.[69] If indeed the food contains 60x, then the food and pot are Kosher while the spoon must be Koshered.[70] This applies even if the spoon was inserted more than one time into the food.[71] Keli Sheiyni: If a Ben Yomo meat spoon was used to mix a hot Keli Sheiyni bowl of milk, then this is subject to the debate mentioned in the introduction to Chapter 95 Halacha 5 regarding a Keli Sheiyni, in which we concluded that one may be lenient in a case of great loss. |
2. What is considered Ben Yomo?[72]
A utensil which is within 24 hours of being used with hot milk or hot meat of a Keli Rishon is considered Ben Yomo. If, however, it was used with hot meat or milk of a Keli Sheiyni the vessel is not considered Ben Yomo even within 24 hours of its use.[73] [However, the Taz[74] rules the vessel is considered Ben Yomo even if used with hot milk or meat of a Keli Sheiyni, if the Keli Sheiyni was Yad Soledes. If one knows that a vessel was used with hot meat/dairy within the past 24 hours, but is unsure if it was a Keli Rishon or Keli Sheiyni, then we assume that it was used with a Keli Rishon if it is common to do so, and it is considered Ben Yomo.[75]]
Utensil was used with a Pareve food within 24 hours of milk/meat:[76] Once 24 hours has passed from the vessels original use with hot milk or meat, it is no longer considered Ben Yomo even if it was used with hot Pareve foods within those 24 hours.[77] This applies even if the Pareve food was Charif, such as if one cooked onions in the pot within 24 hours of cooking meat, nevertheless after 24 hours from the original meat use, the pot is no longer Ben Yomo.[78] This, however, only applies by a Kosher meat or milk vessel, that after 24 hours it is never considered Ben Yomo. However, by other prohibitions, such as a spoon which absorbed Treif meat, then if the utensil was placed in a hot Kosher food within 24 hours [and prior to the passing of a night[79]] of its absorption of the forbidden food and it did not have 60x, then the 24 hours become reactivated and is now calculated from the last use the vessel had with a Keli Rishon.[80] [However, according to the Sephardim who do not apply Chanan by other Issurim, the 24 hours never restart unless the spoon became forbidden due to Basar Bechalav.[81]] However, once 24 hours have passed from the hot use, an Issur vessel is no longer considered Ben Yomo even if it had Charif foods cooked in it.[82]
Inserted utensil in a Keli Rishon of meat/milk that’s not Yad Soledes:[83] If a Keli Rishon is not Yad Soledes and is not on the fire, the utensil inserted into it is not considered Ben Yomo.[84] If the Keli Rishon is on the fire, some Poskim[85] rule one is to be stringent to nevertheless consider the utensil Ben Yom even if the food was not Yad Soledes. Thus, if one inserted a utensil into a meat or milk Keli Rishon which is not Yad Soledes that is on the fire, one is to be stringent to nevertheless consider the utensil Ben Yom. Other Poskim[86], however, rule a utensil can never be considered Ben Yomo if the food was not Yad Soledes, even if the pot is on the fire. Practically, the main opinion follows those who are lenient and rule a utensil cannot become Ben Yomo unless the food in the Keli Rishon was Yad Soledes.
If one spilled hot Keli Rishon water onto a spoon which contained milk:[87] If one spilled hot Keli Rishon water onto a spoon which contained milk, the spoon is considered Ben Yomo even if the milk was cold, as Iruiy Keli Rishon has ability to cook and absorb. [This, however, is with exception to if the stream of water was not attached to its source by the time it hit the utensil (Nifsak Hakiluach) in which case we rule the spoon remains not Ben Yomo.[88]]
See Chapter 93 Halacha 2 in Q&A for further details on non-Ben Yomo!
3. Benefiting from food and utensils which have become forbidden due to Basar Bechalav:
See chapter 87 Halacha 1C!
4. Inserted a dairy spoon into Pareve which was cooking in a meat pot:[89]
- Michaber:[90]
If a dairy spoon was inserted into a meat pot that had a Pareve food cooking inside, everything remains Kosher. This applies even if both the spoon and the pot were Ben Yomo.[91] [The food remains Pareve and may be eaten with either meat or milk.[92] The above, however, only applies if the spoon did not touch the walls of the pot. If, however, the spoon touched the walls of the pot, then if both the pot and spoon were Ben Yomo, everything is forbidden unless there is 60x in the pot versus the spoon.[93]]
- Rama:[94]
If both are not Ben Yomo: If a dairy spoon was inserted into a meat pot that had a Pareve food cooking inside, then if both the spoon and pot were not Ben Yomo, everything remains permitted.
If either the spoon or pot is not Ben Yomo: If a dairy spoon was inserted into a meat pot that had a Pareve food cooking inside, then if either the spoon or pot is not Ben Yomo, then from the letter of the law everything remains Kosher [and the food remains Pareve[95]].[96] Nevertheless, when one of the vessels is Ben Yomo and one is not Ben Yomo [and there isn’t 60x in the food versus the spoon[97]] the custom is to be stringent to forbid using the non-Ben Yomo vessel [even with Pareve foods, and it hence must be Koshered[98]].[99] Furthermore, the custom is to be stringent and not to eat the Pareve food which was in the pot with the type of [vessel[100]] that the non-Ben Yomo vessel belonged to. [This means that initially the food should not be eaten with either meat or dairy, and may only be placed in a vessel of the Ben Yomo type.[101] Thus, if in the above example the dairy spoon was Ben Yomo and the meat pot was not Ben Yomo, then the Pareve food cannot be eaten with meat or milk and may only be placed in a dairy vessel, and the pot is to be Koshered. If, however, there is 60x in the food versus the spoon, then the food may be eaten with meat, and the pot remains permitted.[102]] This is a mere stringency, as from the letter of the law everything is permitted.
If the Pareve food is mere water:[103] If a dairy spoon was inserted into a meat pot that had water cooking inside, then if either the spoon or pot is not Ben Yomo, the custom is to prohibit the water.[104] [However, the vessels remain permitted.[105]]
If both are Ben Yomo:[106] If both the spoon and pot were Ben Yomo, then everything is forbidden [unless there is 60x versus the spoon, in which case everything, including the spoon, is permitted[107]]. [From some Poskim[108] it can be understood that this applies even according to the above-mentioned custom to prohibit the spoon. However, other Poskim[109] rule that according to the Ashkenazi custom to prohibit the non-Ben Yomo vessel, then the spoon is forbidden even in a case that the food contains 60x against it.[110]]
Compilation & Final Ruling Inserted a dairy spoon into Pareve which was cooking in a meat pot: Neither vessel Ben Yomo: If a dairy spoon was inserted into a meat pot that had a Pareve food cooking inside, then if both the spoon and pot were not Ben Yomo, everything remains permitted. One vessel Ben Yomo:[111] If a dairy spoon was inserted into a meat pot that had a Pareve food cooking inside, then if either the spoon or pot is not Ben Yomo [and there isn’t 60x versus the spoon[112]] then the custom is to require the non-Ben Yomo vessel to be Koshered.[113] Furthermore, the custom is to be stringent and not to eat the Pareve food with either meat or dairy, and it may not be eaten with the non-Ben Yomo vessel.[114] If, however, the Pareve food was mere water, then the custom is to prohibit the water [however, the vessels remain permitted[115]].[116] This is a mere stringency, as from the letter of the law everything is permitted. Both vessels Ben Yomo:[117] If both the pot and the spoon were Ben Yomo [and there wasn’t 60x versus the spoon[118]], everything is forbidden. If the food contains 60x versus the spoon: In all cases that the food contains 60x versus the spoon, the pot, food and spoon remain permitted.[119] From some Poskim[120] it is implied that this applies even according to the above-mentioned custom to prohibit the spoon. However, other Poskim[121] rule that according to the Ashkenazi custom to prohibit the non-Ben Yomo vessel, then the spoon is forbidden even in a case that the food contains 60x against it, if the pot was Ben Yomo.[122]
Q&A What is the law if one cooked a sharp food in a non-Ben Yomo meat pot and used a dairy vessel to mix it?[123] If the dairy vessel is Ben Yomo, everything is forbidden unless there is 60x in the food versus the utensil, in which case only the utensil is forbidden. If the vessel was not Ben Yomo, then if the sharp food was already cooked and no longer sharp by the time the dairy vessel was inserted, the food is Kosher while the dairy utensil must be Koshered. If the sharp food was still sharp by the time the vessel was inserted, everything is forbidden unless there is 60x in the food versus the vessel in which case the vessel is to be Koshered and the food is Kosher. |
5. Pareve pot used with both meat and dairy spoon in intervals:[124]
- The case: One cooked water in a new pot, and mixed the water with a Ben Yomo meat spoon. One then emptied the pot and re-cooked water and placed in it a Ben Yomo dairy spoon. What is the law of the pot? May the pot be designated for meat or dairy use?
- Michaber/Rama:[125]
Pot may not be used for meat or milk: If both spoons were Ben Yomo and the water never had 60x versus any of the spoons, it is forbidden to use the pot for either meat or milk. It is however permitted to cook Pareve in the pot.[126]
Bedieved:[127] In the event that one went ahead and cooked meat or milk in this pot, everything remains permitted.[128]
- Shach:[129]
Pot may be used for meat or milk: The Shach questions the ruling of the Michaber/Rama regarding why the pot should be forbidden with meat or milk, being that this case involves three Nat Bar Nats. In a case of three Nat Bar Nats all agree there is not enough taste to forbid an item. The three Nats are: 1) Meat to the spoon; 2) Spoon to the water; 3) Water to the pot. Furthermore, the Michaber[130] himself permits the vessels in an even more severe case where Ben Yomo meat and milk utensils were washed together in a Keli Rishon, in which case there is only two Nat Bar Nat’s. Accordingly, in this case, it should be permitted even according to the Rama as it involves three Nat Bar Nat’s. Thus, their ruling is contradictory and puzzling. The Shach concludes with a Tzaruch Iyun.[131] The Shach leans to permit the pot to be used for meat/milk although suggests that initially one is to designate the pot for the last type of food utensil inserted.[132]
- Taz:[133]
Defends Michaber/Rama: The Taz defends the ruling of the Michaber/Rama. He explains as follows: The reason the Michaber rules that the pot is forbidden with meat/milk is because it is a new pot which has never been used before for either meat or milk. Since the pot is new, the moment a Ben Yomo milk spoon is entered into it, it must be designated for milk use, even though the pot itself is not yet considered dairy due to actual milk. Now, when one goes ahead and enters a Ben Yomo meat spoon into the pot he is now required to designate the pot [which was already required to be designated for dairy] for meat use. This forms a contradiction in the pots designation, thus resulting in the ruling that Lechatchilah it may not be used for either milk or meat.
- Beir Heiytiv:[134]
We assume that since the milk and meat spoons were Ben Yomo perhaps some food was left on them, and hence it is as if milk and meat were actually cooked in the pot within 24 hours of each other.
Compilation & Final ruling:
Both Ben Yomo & no 60x: If one cooked Pareve in a new Pareve pot, and mixed the water with a meat spoon and then emptied the pot and re-cooked Pareve and placed in it a dairy spoon, then if both of the spoons were Ben Yomo and the Pareve food did not contain 60x the spoon, then from the letter of the law, the pot remains Pareve. However, some Poskim[135] rule that initially one is to only use this pot for Pareve foods.[136] Other Poskim[137], however, rule the pot may even initially be designated for either milk, meat, or Pareve. Other Poskim[138] rule the pot is to initially be used with the food type of the last utensil inserted. Practically, the Ashkenazi custom is to be stringent like the first opinion to initially not use the pot for meat or milk, while the Sephardic custom is to be lenient to use it for whatever one desires.[139] Only one Ben Yomo:[140] If one cooked Pareve in a new Pareve pot, and mixed the water with a meat spoon and then emptied the pot and re-cooked water and placed in it a dairy spoon, then if one of the spoons [either meat or dairy spoons] was not Ben Yomo, or they were both Ben Yomo but there is 60x in the water versus one spoon, then according to the stringent ruling above, the pot becomes the status of the spoon that is Ben Yomo and did not have 60x against it. Neither Ben Yomo or there is 60x:[141] If one cooked Pareve foods in a new Pareve pot, and mixed the Pareve with a meat spoon and then emptied the pot and re-cooked water and placed in it a dairy spoon, then if neither spoon was Ben Yomo, or they were both Ben Yomo but there was 60x in the water versus the spoon, then the pot remains Pareve.
Q&A What is the law if a hot Keli Rishon meat pot touched a cold Pareve vessel? If the pot was wet and contained Pareve food cooking inside, then if the meat pot was not Ben Yom the Pareve vessel remains Pareve. If the pot was Ben Yomo, seemingly this would be subject to the same dispute as mentioned above.[142] If one stuck a Ben Yomo meat spoon into a Pareve pot that had Pareve cooking inside, what is the law of the Pareve pot?[143] If there is 60x versus the spoon, everything remains Pareve. If there isn’t 60x versus the spoon, then the food may only be eaten with dairy, and the pot becomes dairy. If one stuck a Pareve spoon into a Ben Yomo meat pot that had Pareve cooking inside what is the law of the Pareve spoon? The spoon becomes meaty, as stated in the previous Q&A. |
6. A food which absorbed meat was cooked in milk:[144]
If a food [i.e. onion or vegetable] absorbed meat [through cooking, or cutting with a meat knife[145]] and was the cooked in milk, one requires 60x in the milk versus either the food, or the amount of meat that the food absorbed. He is to measure versus whichever amount is less.[146] [If one does not know how much meat the food absorbed, one must measure 60x versus the food.]
- Example: If one cooked a 30-gram onion with 10 grams of meat and then placed the onion in a hot dairy Keli Rishon, one requires 60x versus the 10 grams of meat and not 60x versus the 30-gram onion. If one cooked a 10-gram onion with 30 grams of meat and then placed the onion in a hot dairy Keli Rishon, one requires 60x versus the 10 grams of onion and not 60x versus the 30-grams of meat. If, however, one does not know how much meat the onion was cooked with, the milk requires 60x versus the onion in all cases.
Does the food which absorbed the meat remain Kosher if there is 60x:[147] If a food which absorbed meat was cooked in milk, then if there is 60x in the milk versus the food, or versus the meat that it absorbed, then even the food itself which absorbed the meat remains Kosher. This only applies when a food absorbed the taste of a Kosher food, such as an onion absorbing meat, however if it absorbed the taste of a forbidden food, then even if there is 60x versus it, one must discard the food.
A food which absorbed Issur:[148] According to the Rama who holds of Chanan by other Issurim[149], if a Kosher food absorbed an Issur it becomes innately forbidden and one always requires 60x versus the food even if the Issur is of smaller size. Furthermore, even in such a case the food remains forbidden as explained above. [However, according to the Michaber, this only applies by a food which became forbidden due to Basar Bechalav, while a food which became forbidden due to other Issurim, one can always suffice with 60x versus the original Issur.[150]]
7. One cooked milk in a Pareve pot and then cooked water and then cooked meat in the pot within 24 hours of the milk:[151]
If one cooked water in a Ben Yomo dairy pot and then cooked meat in the pot [within 24 hours of the milk[152]], the meat must have 60x versus the original milk.[153] It does not need to have 60x versus the water, even if the water was a greater amount than the milk.[154]
8. Cooked water in a Ben Yomo Treif pot and then cooked Kosher food within 24 hours of the water but past 24 hours of Treif:[155]
If one cooked water in a Ben Yomo Treif pot and then cooked Kosher food within 24 hours of the water [but past 24 hours of Treif] the food is forbidden.[156]
9. Cut hot meat with dairy knife:[157]
In chapter 89 the law of using a meat knife to cut cheese or vice versa was discussed in regard to initially using it to cut cold foods. In this Halacha we will discuss the law of Bedieved, if the knife was used to cut the meat/cheese. The law is as follows: If one cut a hot piece of meat using a dairy knife the ruling is dependent on the following matters:
- Is the Knife Ben Yomo?
- Is the meat hot or cold?
- Is the meat a Keli Rishon or a Keli Sheiyni?
A. Meat is in a Keli Rishon:
Knife is Ben Yomo:[158] If a hot Keli Rishon piece of meat was cut with a Ben Yomo dairy knife, the meat requires 60x[159] versus the area of the blade that was used to cut the meat.[160] [In addition, even if there is 60x versus the blade, one must remove a Kelipa’s worth from the meat.[161]] Likewise, the knife is forbidden and needs to be Koshered with Hagala.[162] [This applies whether the knife was on top of the meat, or under the meat, during the cutting.[163] This applies also in the opposite case, if a Ben Yomo meat knife was used to cut hot Keli Rishon cheese.[164]] If one does not know how much of the blade was used to cut, then one is to measure 60x versus the entire blade, up until the handle.[165]
Knife is not Ben Yomo:[166]
If a hot Keli Rishon piece of meat was cut with a non-Ben Yomo dairy knife, it is disputed as to the status of the meat:
- Michaber/Rama/Bach:
Kelipa: If a hot Keli Rishon piece of meat was cut with a non-Ben Yomo dairy knife, then one must remove a peels worth from the meat, and the remaining meat is Kosher.[167] [The knife, however, is customarily forbidden and requires Hagalah.[168] If one cooked the meat without removing a Kelipa, it remains Kosher.[169]] If one is in doubt whether or not the knife was Ben Yomo, it assumed to not be Ben Yomo.[170]
60x and Kelipa: Even if the knife is not Ben Yomo, the meat requires 60x versus the residue of fat that is on the blade of the knife.[173] In addition, one must remove a peels worth from the meat.[174]
Compilation & Final Ruling on Non-Ben Yomo knife:
Some Poskim[175] rule if a hot Keli Rishon piece of meat was cut with a non-Ben Yomo dairy knife, then one must remove a peels worth from the meat, and the remaining meat is Kosher. Other Poskim[176], however, rule the meat requires 60x versus the residue of fat that is on the blade of the knife. In addition, one must remove a peels worth from the meat.[177]
Q&A What is the law if the non-Ben Yomo knife was completely clean?[178] If the knife was not Ben Yomo then the meat is Kosher even without removing a Kelipa. |
B. Davar Gush-Meat is in a Keli Sheiyni:[179]
The knife is Ben Yomo:
If one cut a hot Keli Sheiyni[180] piece of meat with a Ben Yomo dairy knife, the ruling is disputed amongst the Poskim:
- Rama:
Kelipa and Neitza: One is required to remove a peels worth from the meat and it does not require 60x versus the blade.[181] The knife itself requires Neitza[182] to be Koshered. [If one cooked the meat without removing a Kelipa, the food remains Kosher.[183]]
- Issur Viheter/Rashal:[184]
A Keli Sheiyni only has the ability to cool down a liquid food, however, a Davar Gush which was placed in a Keli Sheiyni has the same status as a Keli Rishon. Accordingly, if one cut hot Keli Sheiyni meat with a Ben Yomo dairy knife, one requires 60x in the meat versus the knife, and the knife requires Hagala.
- Shach:[185]
The Shach rules like the Rashal, and thus requires 60x in the meat versus the blade, and the knife must have Hagalah performed.
- Taz:[186]
Although in general the Taz holds like the Rama that a Davar Gush in a Keli Sheiyni cannot cook, nevertheless, in this case he rules like the Rashal being a knife is involved, and the pressure of the knife adds to the absorbing of the taste into the meat, and thus 60x is required.
- Admur:
See Compilation below!
Knife is not Ben Yomo:[187]
If one cut hot Keli Sheiyni meat with a non- Ben Yomo dairy knife, the meat requires a small peel removed due to the fat remnant that is found on the blade of the knife.
Compilation & Final Ruling of B
Ben Yomo dairy knife was used to cut Keli Sheiyni meat: Some Poskim[188] rule that a solid item which is Yad Soledes retains its Keli Rishon status even if placed in a second or third vessel. Accordingly, if one cut hot Yad Soledes meat with a Ben Yomo dairy knife, one requires 60x versus the blade in addition to removing a Kelipa, and the knife is forbidden. Other Poskim[189], however, rule that any food placed in a Keli Sheiyni no longer contains ability to cook or transfer taste, and hence if Keli Sheiyni meat was cut with a dairy knife, the meat requires a mere Kelipa and knife remain permitted. Practically, one is to be stringent like the first opinion, although in a time of great loss, one may be lenient.[190] Meat was in a stew:[191] If the meat was within a stew and was poured into a Keli Sheiyni together with the broth/gravy, then the food is considered a Keli Sheiyni according to all.[192]
Q&A If a Ben Yomo meat spoon was used to mix a hot Keli Sheiyni bowl of thick dairy porridge, what is the law?[193] This matter is subject to the above debate regarding the status of a solid Keli Sheiyni. According to the stringent approach, everything is forbidden unless the food contains 60x versus the spoon, in which case only the spoon is forbidden.[194] Practically, according to the final ruling one may be lenient in a case of great loss to remove only a Kelipa from the meat, although the spoon requires Hagalah. |
Summary & Final ruling of Halacha 9:
Ben Yomo knife-Keli Rishon meat: If a Keli Rishon piece of hot Yad Soledes meat was cut with a Ben Yomo dairy knife one must have 60x in the meat versus the area of the blade used to cut. In addition, one must remove a peels worth from the area of contact on both halves of the meat. If the meat does not contain 60x the area of the blade which came into contact with the meat, the meat is forbidden. Ben Yomo knife-Keli Sheiyni meat: If a Keli Sheiyni piece of hot Yad Soledes meat was cut with a Ben Yomo dairy knife, its status is disputed amongst the Poskim and practically it follows the same law as a Keli Rishon meat. However, in a case of great loss, it suffices to remove a peel’s worth from the meat. The knife must be Koshered, or at the very least have Neitza done to it. Not Ben Yomo knife: If a Keli Sheiyni piece of hot Yad Soledes meat was cut with a non-Ben Yomo dairy knife, then if it the knife was not thoroughly cleaned, the meat requires a peels worth removed, and some Poskim also require in the meat 60x the fat that remained on the blade. The knife itself must be Koshered.
Q&A What is the law of the knife if it was used to cut cold meat or cheese?[195] If a meat knife was accidently used to cut cold hard cheese [or cold dry meat], it suffices to perform Neitza to the knife and then return it to its designated use. [Furthermore, some Poskim[196] rule it suffices to simply wash the knife well and even Neitza is not required.] If it was used to cut cold soft meat [or soft cheese], then a mere rinse suffices.[197] |
10. Cheese fell onto a clean Ben Yomo meat pot:[198]
The previous Halacha dealt with using a dairy knife to cut meat. The following will discuss the law if a meat vessel simply contacted cheese. Such as case is more lenient than the previous case of cutting with a knife[199], although remains under debate.
- Michaber:
Kelipa: If hot cheese falls onto a Ben Yomo meat vessel one is required to remove a peel’s worth from the cheese in the area of contact. [This applies whether the plate is hot or cold.[200] However, if the plate is hot from a Keli Rishon, then even if cold cheese falls onto it, a peel’s worth is required.[201] The above only applies to a solid food, however, if a liquid, such as milk, falls into a hot Ben Yomo Keli Rishon meat vessel, the milk requires 60x versus the vessel.[202] In all the above cases, the vessel is forbidden.]
- Shach:[203]
Netila or 60x if moist and plate hot: If the cheese or pot is even a little moist, and the Ben Yomo plate is hot, [then according to the Michaber[204]] one is required to remove a fingers worth from the cheese [while according to the Rama the cheese requires 60x[205]]. However, if they are both dry, only a peel’s worth must be removed. [However, possibly if the plate had absorbed fatty meat, the food is forbidden even if they are both dry.[206] If the plate is cold, then only a Kelipa is required in all cases.[207]]
- Opinion of Admur:[208]
Everything forbidden if fatty Issur or Heter: If a food was placed on a Ben Yomo hot plate, according to Admur, the food is completely forbidden if the food that was placed on it is fatty, and we assume all foods are fatty unless it never contains fat, such as Matzah. This applies even if both the food and plate are dry. [Certainly if the plate had absorbed fatty meat or Issur, the Heter is forbidden.[209]]
Compilation & Final Ruling Cheese or milk fell onto hot Ben Yomo plate: Dry cheese:[210] If dry hot cheese falls onto a clean[211] Ben Yomo meat vessel [whether hot or cold], or cold dry cheese falls onto a hot Ben Yomo meat vessel, one is required to remove a peel’s worth from the cheese in the area of contact [and the vessel is forbidden]. [If, however, the plate had absorbed fatty meat, the food is forbidden even if both the food and plate are dry.[212] According to Admur, seemingly the entire cheese is forbidden in all cases, as meat and cheese are always considered fatty as we are no longer an expert in this matter.[213]] Moist cheese: If the cheese or pot is even a little moist [then according to the Michaber[214]] one is required to remove a fingers worth from the cheese [while according to the Rama the cheese requires 60x[215]]. Milk:[216] If milk fell into a hot Ben Yomo Keli Rishon meat vessel, or hot milk fell into a cold Ben Yomo meat vessel, the milk requires 60x versus the vessel.
The law if the meat vessel is cold:[217] In all cases that the Ben Yomo meat vessel was cold and hot dairy food fell on it, the dairy food only requires a Kelipa worth removed. The vessel, however, is forbidden and must be Koshered.
The law if the meat vessel is not Ben Yomo: If hot cheese falls onto a non-Ben Yomo meat vessel, the vessel is forbidden while the cheese remains Kosher. The same applies vice versa, if the cheese was hot but the vessel was cold. See Chapter 93 Halacha 1-2! The law if the meat vessel and food is cold:If one placed cold dairy food on a clean cold meat plate, everything remains permitted, and the vessel requires a mere washing in cold water.[218] If the food contains liquid [i.e. milk] and remained within the meat vessel for 24 hours, then if the vessel was clean, then although the milk remains permitted, the vessel is forbidden and must be Koshered.[219]
|
11. Cheese fell onto hot meat:[220]
Michaber/Sephardim: Some Poskim[221] rule that [according to the Michaber] if even moist cheese fell onto hot meatloaf, the meatloaf only requires a Kelipa removed [while the cheese requires a Netila[222]].[223] Other Poskim[224], however, rule both the meat and cheese require Netila, as is the general rule of Tatah Gavar. [According to all, if the meat was fatty, then the both foods are completely forbidden unless one of them, contain 60x and even in such a case, one must remove a Netila’s worth from the food.[225]]
Rama/Ashkenazim:[226] According to the Rama, both the meat and cheese are completely forbidden. [Practically, Ashkenazim may be lenient in a case of great loss [to remove Netila] if the meat is not fatty.[227]]
12. Pouring hot honey from a Ben Yomo meat pot onto a Ben Yomo milk pot:[228]
If one poured honey from a Ben Yomo meat pot onto a Ben Yomo dairy pot, the [pots[229] and] honey remain permitted.[230] [This applies even if the pouring stream was Lo Nifsak Hakiluach.[231] This applies even according to the Rama.[232] Some Poskim[233] rule that this applies even if there was actual meat residue in the honey. However, other Poskim[234] rule that in such a case it is only permitted in a case of great loss.] Regarding other foods which are poured from a Ben Yomo meat pot to a Ben Yomo dairy pot-See Chapter 95.
_____________________________________________
[1] Michaber 94:4
[2] 94:1-2
[3] If the food contained only a small amount of milk: If the dairy spoon was stuck into a pot of food that contained a minority ingredient of dairy, then it is only considered Ben Yomo within the 24 hours if the ratio between the milk and the water was less than 1:60. If, however, the milk ingredient was nullified 1:60 in the food, then the spoon is not considered Ben Yomo at all. Accordingly, when a Rav is asked a Shaala and is told that the spoon is Ben Yomo, he should inquire as to what the spoon was used with. [See Kaf Hachaim 94:7] Likewise, in the case that one stuck a Ben Yomo meat spoon into a dairy pot that contained 1:60 of milk, then the milk is nullified in 60x and it is considered as if the spoon was entered into a pot of Pareve food. [Birkeiy Yosef 94 Shiyurei Bracha 1; Zivcheiy Tzedek 94:6; Kaf Hachaim ibid] The final ruling in such a case is debated between the Michaber and Rama regarding if we apply Nat Bar Nat, as explained in Halacha 4!
[4] The reason we measure versus the spoon and not versus an estimated amount of milk: As we do not know how much milk the spoon has absorbed and now expelled back into the meat. Therefore one must measure 60x versus the entire area of the spoon that was inserted into the food. We do not rely on a mere estimation of how much taste dissipated from the spoon. [Shach 94:1; Tur 94; Beis Yosef 94; Levush 94; Kaf Hachaim 94:1] However, some Poskim rule that by a Safek Issur one may rely on estimation. [Radbaz 296; Kneses Hagedola 94:6] Other Poskim, however, rule we do not rely on estimation even by a Safek Issur. [P”M 94 M.Z. 1; Kisei Eliyahu 94:1; Erech Hashulchan 98:11; Zivcheiy Tzedek 94:9; Kaf Hachaim 94:11] Likewise, some Poskim we do not rely on estimation even by a Rabbinical prohibition. [P”M ibid; Rashab regarding Kechal] Other Poskim, however, are lenient by a Rabbinical prohibition. [Erech Hashulchan ibid; Ginas Veradim Y.D. 1:29; Kaf Hachaim ibid is lenient in a case of great loss]
[5] Michaber and Rama 94:1 and 98:4
[6] First and Stam opinion in Michaber 94:1 and 98:4; Smak; Shaareiy Dura
If the spoon was hot before it was inserted: The above only applies by a cold spoon. However, if a hot Yad Soledes dairy spoon was removed from a pot of milk and then inserted into a pot of meat, then one requires 60x versus the entire spoon. [P”M 94 M.Z. 1; Chavas Daas 94 Biurim 1; Zivcheiy Tzedek 94:11; Kaf Hachaim 94:13 and 18]
If one inserted the opposite side into the food: If one inserted the opposite part of the spoon into the pot, then according to this opinion 60x is not required at all, as the spoon had never absorbed milk taste from that side. [P”M 94 S.D. 3] However, some Poskim rule that although this opinion rules that we do not say “Cham Miktzaso Cham Kulo”, this is only regarding expelling taste, while regarding absorbing taste we do apply this rule. [See Q&A!] Thus, one would require 60x versus the area inserted, even if one inserted it from the opposite side. [Chochmas Adam 46:6 and Binas Adam 45; Zivcheiy Tzedek 94:13 and Kaf Hachaim 94:17 are lenient in a case of great loss]
[7] The reason this opinion does not apply the rule of Cham Miktzaso Cham Kulo: Although a metal material is a conductor of heat and when part of it is heated the entire spoon becomes hot, nevertheless, only the area of the spoon which was directly heated from the food in the pot has the ability to dissipate the milk taste which it absorbed. [Shach 94:3; Peri Chadash 94:3; Minchas Yaakov 85:2; Lechem Hapanim 94:4; Kaf Hachaim 94:17]
Believing the asker: When one comes to ask a Shaala in the above case, he is believed to say that he payed attention as to how much of the spoon was inserted, and we do not say that people do not pay attention to such things. The Rav is to rule based on this information that he received regarding how much of the spoon was inserted. [Rashal Gid Hanashe 42 and Issur Viheter Shelo 65; Bach 94; Noda Beyehuda Tinyana Y.D. 16; Chochmas Adam 46:6; Zivcheiy Tzedek 94:2; Kaf Hachaim 94:3] The same applies for any detail that the asker tells the Rav, such as how much food was in the pot or how hot it was, that he is to be believed. This applies even if the asker is a woman. This applies even by Biblical prohibitions. [Tashbeitz 4 Chut Hameshulash 42; Erech Hashulchan 94:3; Zivcheiy Tzedek 94:5; Kaf Hachaim 94:5] This is unlike the ruling of Beis Yehuda Y.D. 1:41 who rules that we do not believe a woman. [Poskim ibid]
[8] Kreisy 94:1; P”M 94 M.Z. 1 based on Michaber ibid and Peri Chadash 121:15 and Beis Lechem Yehuda 121:11; Chavas Daas 94:2; Mateh Yehonason on Shach ibid
The reason: As the pot contains steam which causes the spoon to absorb even if it is not inserted into the actual food. [Poskim ibid]
[9] Issur Viheter Klal 37:2; Chochmas Adam 46:6 and Binas Adam 44; Beis Yehuda Ashkenazi based on Shach and Rashal; Implication of Semak 213; Shulchano Shel Avraham 94:2; Zivcheiy Tzedek 94:10; Kaf Hachaim 94:12
[10] Second opinion in Michaber 94:1 and 98:4; Rabbeinu Peretz brought in Smak ibid
[11] The reason: As metal material is a heat conductor and when even part of it is placed under heat, the heat spreads to the entire piece of metal. This is formally known in Halacha as “Cham Miktzaso Cham Kulo,” [Michaber ibid]
[12] Shach 94:3 and 28
[13] Machazik Bracha 55:4; 69:39 that whenever the Michaber brings two opinions, one as Stam and the second as Yeish Omrim, his intent is to be initially stringent and only be lenient in a case of great need; Zivcheiy Tzedek 94:13; Kaf Hachaim 94:16
[14] Rama ibid; Admur 451:75
[15] Shach 94:1; Rashal Gid Hanashe 41-42 and Issur Viheter Shelo 65; Peri Chadash 94:1; Beis Lechem Yehuda 94:1; Chochmas Adam 46:6; Kaf Hachaim 94:4
[16] Rashal ibid; Kneses Hagedola 94:4; Minchas Yaakov 85:1; Peri Megadim 94 A.A. 1; Kaf Hachaim ibid [Vetzaruch Iyun Gadol as people usually enter a lot more of the spoon inside the food. Seemingly one must say there is a difference between one who inserts the spoon for tasting purposes in which case only the head is inserted, in contrast to mixing the food in which case part of the handle is also inserted.]
Other opinions: Some Poskim rule that the spoon area includes more than just the round part, and includes part of the handle that is nearest to the spoon. [See Shulchan Gavoa 94:1]
[17] Kaf Hachaim 94:4
[18] Issur Viheter 37:3; P”M 94 A.A. 1; Zivcheiy Tzedek 94:4; Kaf Hachaim 94:5
[19] Darkei Moshe 93:3; Mordechai end of Gid Hanashe in name of Ravayah; Zivcheiy Tzedek 93:3; Kaf Hachaim 93:3; Hakashrus 10 footnote 8; Some Poskim record a custom to weigh the vessel and then give it an approximate volume based on that weight, such as 15 cc for every 100 grams. [See Ben Ish Chaiy Korach 2; Kaf Hachaim 93:4]
[20] 1st opinion in Admur 451:22 and 451:75; Michaber 121:7; Taz 121:7; M”A 451:24; Tur Y.D. 121; Rashba in Toras Habayis Hakatzar 4:4; Beis Hillel 94; Kreisi 94:4; Chochmas Adam 46:6 and Binas Adam 45
[21] 2nd opinion in Admur 451:22; 1st approach in M”A 451:24; Shach 94:3 and 28; 121:17; Teshuvah Maharam Mitz; Rashal Chulin 41; Peri Chadash 94:3 and 24; 121:15; P”M 94 S.D. 3
[22] See Chochmas Adam 46:6 and Binas Adam 45; are lenient in a case of great loss; See Piskei Admur p. 166
[23] Zivcheiy Tzedek 94:13; Kaf Hachaim 94:17
[24] P”M 94 M.Z. 1; Chavas Daas 94 Biurim 1; Zivcheiy Tzedek 94:11; Kaf Hachaim 94:13 and 18
[25] Seemingly, this only applies in this case that the spoon was already hot [Yad Soledes] before being inserted, as in such a case, its absorbed milk gets expelled from the entire hot area. However, if the spoon was cold and became hot [Yad Soledes] only while in the pot, then that heat does not have the power to expel taste from areas that are above food/pot level. [See P”M ibid]
[26] P”M 94 M”Z 1; Kaf Hachaim 94:13 and 18
[27] Issur Viheter 28:3; Chavas Daas 105 Biurim 9; P”M 94 M.Z. 1; Zivcheiy Tzedek 94:1; Kaf Hachaim 94:2
[28] Shach 94:1; Michaber 98:5; Beis Yosef 95; Kaf Hachaim 94:1
[29] Harav Shlomo Amar in Piskeiy Dinim; Birkeiy Yosef 94 Shiyurei Bracha 1; Erech Hashulchan 94:2; Pischeiy Teshuvah 95:1 based on Taz 92:4; Zivcheiy Tzedek 94:7; Kaf Hachaim 94:8-9; 93:8
Example: If one cooked 1000 grams of water with 100 grams of milk and then inserted a 10-gram dairy spoon, the spoon is considered to have absorbed only 1 gram of milk, as every ten grams of water contains 1 gram of milk. [Poskim ibid] However, if the pot contained 1000 grams of Kosher food with a 100 grams of Issur cooking inside, then due to Chanan we consider the entire food as Issur, and one must measure versus the entire food, or area of the spoon.
Other opinions: Some Poskim rule one must measure versus the actual amount of milk that was placed in the food, and not versus its diluted amount. [Pnei Aryeh Chadashos 48, brought and negated in Pischeiy Teshuvah ibid; Birkeiy Yosef 94:3]
[30] And inserted more than 2 grams worth of the spoon into the food.
[31] 94:2
[32] Michaber 94:1
[33] Michaber 94:2
Must the Rav inquire as to how many times it was inserted? Some Poskim rule the Rav is obligated to inquire as to how many times the spoon was inserted. [Bach 94] Other Poskim rule the Rav is not required to inquire as to how many times the spoon was inserted. [Rashal Gid Hanashe 40; Kneses Hagedola 94:20; Minchas Yaakov 85:5; Zivcheiy Tzedek 94:17 that so is the custom and so should be followed; Kaf Hachaim 94:23]
Was entered into two pots of meat: If one was cooking two pots of meat and one entered the spoon into one pot which contained 60x and one then entered it into a second pot that did not contain 60x and one then entered it back into the 1st pot, the 1st pot now requires 120x the spoon. [Pischeiy Teshuvah 94:4 in name of Chamudei Daniel; Kaf Hachaim 94:26]
[34] Based on Shach 94:4-5; Taz 94:2; Hagahos Mordechai Chulin; Maharil 161; Terumas Hadeshen 183
[35] One requires 60x versus the milk which it absorbed the first time, and 60x versus the Basar Bechalav Issur it absorbed the second time.
[36] Such as if a Kezayis of Cheilev and a Kezayis of pork fell into 59 Kezeisim of Kosher, everything is Kosher. Not only do we not require 120x one Kezayis but each non-Kosher piece helps join the 60x necessary to nullify the taste of the other piece, as whenever there is 60x a food that food is tasteless in the dish, and by Kashrus our concern of non-Kosher is regarding the taste. [See 98:9]
[37] As the second Issur of Chanan is the leftover milk absorbed within the spoon, which then dissipates into the meat. This second milk has the same taste as the first milk, just one being Kosher milk and the other Chanan milk.
[38] Such as if a Kezayis of Cheilev fell into a food and there was 60x and then another Kezayis of Cheilev fell in, then one requires 120x the second piece of Cheilev which is 60x 2 Kezeisim. The reason for this is because the taste of the two Issurim join each other, as since they contain the same taste there is now 2 Kezeisim of Cheilev taste within this food. Similarly, here, there is now two spoonful’s worth of milk in this meat dish, the first spoonful from the first insertion, and the second spoonful from the leftover milk which became Chanan and dissipated into the food during the second insertion. Now, although here there was not actually two spoonful’s of milk that entered into the food but rather one, and it is just that the some of the milk left the first time and the rest the second time, and it is hence not similar to two different pieces of the same Issur which fell in [in which case a new piece of Issur has been added, and not the same original Issur]. Nevertheless, since the spoon absorbed meat taste during its first insertion it effected that the entire spoon has now become Chanan and not just the leftover area of milk, as the leftover milk in the spoon joins to every part of the absorbed meat and now makes the entire area Basar Bechalav. Hence, when one now enters this spoon back into the meat, there is a new and stronger Issur of milk entering into the pot and it hence joins the first milk. [In other words, the making of Chanan in the spoon causes us to view that the entire spoon is now filled with non-Kosher milk, rather than simply view the leftover area of milk is filled with non-Kosher milk]. Thus we require 60x two spoonfuls of milk for a total of 120X.
[39] The reason: Now, although regarding when two same size pieces of Treif meat fall in a pot one after the other the Michaber requires 120x the second piece of meat even if one knew in the interim, nevertheless, here he is lenient as its only considered to be a second milk falling into the pot due to the rule of Chanan, as in truth no physical second milk fell in. Thus we are lenient when one had knowledge in the interim to consider the first milk as nullified. [Shach 94:5]
[40] Tamim Deim 140 in name of Raavad; Kneses Hagedola 94:2; Minchas Yaakov 85:5; Beir Heiytiv 94:1 in name of Keneses Hagedola; Beis Lechem Yehuda 94:8; Chavas Daas 94:6; Chochmas Adam 46:8; Beis Yitzchak 1:2; Zivcheiy Tzedek 94:18; Kaf Hachaim 94:25
[41] Shach 94:4; Kneses Hagedola 94:12; Shulchan Gavoa 94:5; Shulchano Shel Avraham 94:3; Kanfei Yona 94; Aruch Hashulchan 94:7; Beis Yitzchak 1:10; Kaf Hachaim 94:22
[42] Peri Chadash 94:4; Smak, brought in Shach ibid; Beis David Y.D. 38; Chochmas Adam 46:7
[43] Kaf Hachaim 94:22
[44] Rama 94:2 and so rules Taz 94:2 that so is the custom; Terumas Hadeshen 183 that so is custom; Kneses Hagedola 94:20 in name of many Achronim; Shulchan Gavoa 94:6
[45] Aruch Hashulchan 94:10; Kaf Hachaim 94:20
[46] The reason: The reason for this is because there are opinions who hold we never say Chanan by taste that is absorbed in the walls of a vessel, therefore, here we are lenient even if one did not have knowledge in between, to say the second insertion does not dissipate a new Chanan Issur which joins the first Issur. This case is thus similar to a case that the same piece of Issur fell into a pot many times, in which case we rule that one only requires 60x the Issur, even though the Issur absorbed Heter taste which became Chanan through each insertion. [Shach 94:6]
[47] However, the Sephardic custom is to be stringent like the Michaber ibid to require 120x the spoon. [Zivcheiy Tzedek 94:16; Kaf Hachaim 94:21]
[48] Michaber 94:4
[49] The reason: As the spoon is carrying the taste of both meat and milk. [Shach 94:13; Lechem Hapanim 94:13] The reason the meat pot remains Kosher while the spoon becomes forbidden, is because the pot currently absorbed Pagum taste of milk which does not have the power to prohibit its meat taste, however the spoon originally absorbed fresh milk taste and has currently absorbed fresh meat taste, and thus although the milk later became Pagum, nevertheless, the spoon is treated Rabbinically as if it never became Pagum. [Beis Yosef 94; Peri Chadash 94:12; Lechem Hapanim ibid; Chavas Daas 94:11; Kaf Hachaim 94:42]
[50] Rama 93:1; Shach 94:13; Peri Chadash 94:12; Lechem Hapanim ibid
[51] Beis Lechem Yehuda 94:12; Chavas Daas 94:12; P”M 94 S.D. 13; Kaf Hachaim 94:43
[52] Michaber ibid as explained in Shach 94:14; Taz 94:5
[53] See P”M 94 M.Z. 5
[54] Shach 94:14; Taz 94:5; Beis Yosef 94; Kneses Hagedola 94:26; Peri Chadash 94:13; Lechem Hapanim 94:14; Beis Lechem Yehuda 94:13; Halacha Pesuka 94:4; Chavas Daas 94:13; Shulchan Gavoa 94:16; P”M 94 S.D. 14; Chochmas Adam 46:10; Beis Yitzchak 1:6; Aruch Hashulchan 94:15; Zivcheiy Tzedek 94:32; Kaf Hachaim 94:44
[55] Shach ibid; Kneses Hagedola 94:27; Lechem Hapanim 94:14; Chavas Daas 94:13; P”M 94 S.D. 14; Aruch Hashulchan 94:15; Zivcheiy Tzedek 94:34; Kaf Hachaim 94:45
[56] Michaber 94:3
[57] Shach 94:9; Kneses Hagedola 94:6; Peri Chadash 94:8; Minchas Yaakov 85:2; Lechem Hapanim 94:9; Beis Lechem Yehuda 94:7; Chavas Daas 94:8; P”M 94 S.D. 9; Chochmas Adam 46:8; Beis Yitzchak 1:4; Kaf Hachaim 94:29
Hagalah: The Poskim discuss as to why we do not consider the spoon as Koshered [i.e. Hagalah] if there was 60x times against it in the food. [See Taz 94:3 and Beis Yosef 94 in name of Semak; Kaf Hachaim 94:27] We do not view it as Koshered even if the milk was boiling at the time that the spoon was inserted, even Rabbinically. [P”M 94 M.Z. 3; Zivcheiy Tzedek 94:20; Kaf Hachaim 94:31]
Pareve cooking in pot: According to the Rama in 95:3 [brought in Halacha 4 below], the dairy spoon is forbidden even if Pareve food was cooking in the Ben Yomo meat pot and there is 60x versus the spoon. However, according to the Michaber, everything remains permitted even if the food did not contain 60x. [Shach 94:8; Kneses Hagedola 94:5; Peri Chadash 94:7; Lechem Hapanim 94:8; Halacha Pesuka 94:3; Kaf Hachaim 94:28]
[58] The Michaber writes its forbidden with meat or milk, however the Shach [94:9] explains that it is forbidden even with other foods, as the spoon has become Neveila.
[59] The food, however, remains permitted in benefit. [P”M 94 S.D. 9; Zivcheiy Tzedek 94:23; Kaf Hachaim 94:30] This, however, only applies if it was inserted into Pareve food. If it was inserted into meat/milk within 24 hours of the previous milk/meat use, then it is forbidden even in benefit. [See P”M 87 S.D. 18; Machazik Bracha 87:22; Zivcheiy Tzedek 87:44; Kaf Hachaim 87:14 and 59]
[60] Bach 94, brought in Shach 94:10; See Shaareiy Yoreh Deah
[61] Shach 94:10; Kneses Hagedola 94:7; Peri Chadash 94:9; Minchas Yaakov 85:14; Lechem Hapanim 94:10; Kreisi 94:10; Chochmas Adam 46:8; Kaf Hachaim 94:33
Is the food forbidden in benefit? Regarding whether the food is forbidden in benefit if one used a Ben Yomo spoon that became Treif due to Basar Bechalav, there is a difference between if 24 hours has passed from the first food. For example, if one inserted the spoon into milk and then within 24 hours inserted it into meat, the spoon becomes forbidden. Now, if within 24 hours of the meat one inserted it into a Pareve food, the food becomes forbidden in consumption but permitted in benefit. If one stuck it into milk, then the food becomes forbidden in benefit. If one stuck it into a second pot of meat, then if 24 hours have already passed since the original milk, the food is permitted in benefit. [P”M S.D. 10; Zivcheiy Tzedek 94:25; Kaf Hachaim 94:34]
[62] See Hakashrus 10:76-77
[63] Shach 94:6 based on Rama 98:4, unlike Bach and Rashal; Lechem Hapanim 94:5; Beis Lechem Yehuda 94:4; Chavas Daas 94:6; Chochmas Adam 46:7; Aruch Hashulchan 94:10;
[64] The reason: As it is Noda Beintayim, as one certainly knows that the food is a piece of meat or cheese upon removing it. However, see Kaf Hachaim 94:24; However by Issur, the Michaber does not hold of Chanan and certainly one would only require 60 x against the Issur. [Yad Yehuda 94 Aruch 7; Kaf Hachaim ibid]
[65] Issur Viheter 37:2 in name of Semak; Beis Yosef 94; Minchas Yaakov 85:13; P”M 94 M.Z. 1; Zivcheiy Tzedek 94:8; Kaf Hachaim 94:10
[66] Michaber 94:4
[67] Letter of law: From the letter of the law, it is permitted to be used with Pareve foods. [Rama 93:1; Shach 94:13; Peri Chadash 94:12; Lechem Hapanim ibid] Nonetheless, the custom is to prohibit its use with any food until it is Koshered. [Beis Lechem Yehuda 94:12; Chavas Daas 94:12; P”M 94 S.D. 13; Kaf Hachaim 94:43]
[68] Michaber 94:1-2
[69] Rama 94:1 that so is custom; First and Stam opinion in Michaber 94:1 and 98:4; Admur 451:75; Smak; Shaareiy Dura
Other opinions-Sephardim: Some Poskim rule that if a metal dairy spoon was inserted into a meat pot, one must measure 60x versus the entire spoon. [Second opinion in Michaber 94:1 and 98:4; Rabbeinu Peretz brought in Smak ibid] The final ruling of the Michaber is to initially follow the stringent opinion to measure 60x versus the entire metal spoon, however, in a case of great loss, one may be lenient like the former opinion to measure simply versus the amount of material inserted. [Machazik Bracha 55:4; 69:39 that whenever the Michaber brings two opinions, one as Stam and the second as Yeish Omrim, his intent is to be initially stringent and only be lenient in a case of great need; Zivcheiy Tzedek 94:13; Kaf Hachaim 94:16]
Is the 60x required versus the area stuck into food or area stuck into pot: Some Poskim rule one measures 60x versus the amount of the spoon inserted into the volume of the pot, including the parts that were not inserted into the actual food. [Kreisy 94:1; P”M 94 M.Z. 1 based on Michaber ibid and Peri Chadash 121:15 and Beis Lechem Yehuda 121:11; Chavas Daas 94:2; Mateh Yehonason on Shach ibid] Other Poskim , however, rule one measures 60x only versus the amount of the spoon inserted into the actual food in the pot. [Issur Viheter Klal 37:2; Chochmas Adam 46:6 and Binas Adam 44; Beis Yehuda Ashkenazi based on Shach and Rashal; Implication of Semak 213; Shulchano Shel Avraham 94:2; Zivcheiy Tzedek 94:10; Kaf Hachaim 94:12]
If one is unsure as to how much of the spoon was inserted into the food: Then we measure 60x versus the head of the spoon, which is normal amount that a person sticks in. [Shach 94:1; Rashal Gid Hanashe 41-42 and Issur Viheter Shelo 65; Peri Chadash 94:1; Beis Lechem Yehuda 94:1; Chochmas Adam 46:6; Kaf Hachaim 94:4]
If one knows the amount of milk that the dairy spoon absorbed within the past 24 hours: Then one can choose to measure 60x either versus the milk or the spoon. [Shach 94:1; Michaber 98:5; Beis Yosef 95; Kaf Hachaim 94:1]
[70] Michaber 94:3; Shach 94:9; Kneses Hagedola 94:6; Peri Chadash 94:8; Minchas Yaakov 85:2; Lechem Hapanim 94:9; Beis Lechem Yehuda 94:7; Chavas Daas 94:8; P”M 94 S.D. 9; Chochmas Adam 46:8; Beis Yitzchak 1:4; Kaf Hachaim 94:29
[71] Rama 94:2 and so rules Taz 94:2 that so is the custom; Terumas Hadeshen 183 that so is custom; Kneses Hagedola 94:20 in name of many Achronim; Shulchan Gavoa 94:6
Other opinions-Sephardim: Some Poskim rule that if one inserted the spoon twice, then if one did not notice that the spoon was dairy until after the two insertions, one requires 120x the area of the spoon which was stuck in. [Michaber 94:2] Practically, so is the Sephardic custom. [Zivcheiy Tzedek 94:16; Kaf Hachaim 94:21] If one entered the spoon into the pot more than twice, some Poskim rule one requires only 120x the spoon, as the Michaber does not hold of Chanan by other prohibitions. [Shach 94:4; Kneses Hagedola 94:12; Shulchan Gavoa 94:5; Shulchano Shel Avraham 94:3; Kanfei Yona 94; Aruch Hashulchan 94:7; Beis Yitzchak 1:10; Kaf Hachaim 94:22] However, other Poskim rule one requires 60x the amount of times one inserted the spoon, as even according to the Michaber it becomes a new Neveila each time. [Peri Chadash 94:4; Smak, brought in Shach ibid; Beis David Y.D. 38; Chochmas Adam 46:7] Practically, even Sephardim may be lenient like the Shach, as in any event the Rama is completely lenient. [Kaf Hachaim 94:22]
[72] Rama 94:1; Shach 94:1 and 95:13; Opinions in Taz 94:1; Taz 95:12; Issur Viheter; Toras Chatas 57:13 that so is custom; Lechem Hapanim 95:22; Kaf Hachaim 95:47
[73] The reason: As a Keli Sheiyni does not absorb taste into a utensil.
[74] Taz 105:4 [unlike Taz 95:12]; Peri Chadash 95:15; Lechem Hapanim 95:18; Beis Lechem Yehuda 95:11 that the custom is like the Peri Chadash ibid; See Kaf Hachaim 95:41; 68:39
[75] Chavas Daas 95:14; Kaf Hachaim 95:40-41; See also Issur Viheter, brought in Toras Chatas ibid and Shach ibid
[76] Shach 94:2 and 22; Peri Chadash 94:2; Lechem Hapanim 945:2; Beis Lechem Yehuda 94:2; Kreisi 94:2; Chavas Daas 94:3; P”M 94 S.D. 2; M.Z. 1; Kaf Hachaim 94:14
[77] Hence, the 24 hours do not restart from the last use of the vessel with a Keli Rishon food and is rather always calculated from the last use of the Keli Rishon milk or meat.
[78] Shach 122:2
[79] See Rama 103:7; 122;4; Kaf Hachaim 94:14
[80] As the Kosher food which was used within 24 hours of absorption has become Chanan. Now this Chanan taste enters back into the utensil and hence is a new fresh Issur with a new count of 24 hours. This is opposed to meat and milk where the concept of Chanan does not yet apply being that in the middle food there is no Issur yet involved.
[81] Kaf Hachaim 94:14
[82] Shach 122:2
[83] Taz 94:1
[84] Taz ibid; Michaber 105:2; Kaf Hachaim 94:15 is lenient in a case of great loss
Other Poskim-When to begin counting the 24 hours from a Keli Rishon: Some Poskim rule that so long as the food is hot, then it is considered a Keli Rishon even if it was removed from the fire and is below Yad Soledes. Thus, if one cooked milk in a pot and then removed it from the fire, one does not begin to count the 24 hours until the food has cooled off to the point it is only defined as warm. [Chavos Yair 101; Pischeiy Teshuvah 94:2; See Kaf Hachaim ibid]
[85] Rashal, brought in Taz ibid
[86] Toras Chatas and Issur Viheter, brought in Taz ibid
[87] Taz 94:1
[88] See dispute in Poskim in Chapter 91 Halacha 5B regarding the status of Nifsak Hakiluach, and seemingly in this case all would agree to be lenient.
[89] 94:5
[90] Michaber 95:3; See Shach 94:8; Peri Chadash 94:14; Kaf Hachaim 94:56
[91] Michaber ibid [in seeming contradiction to Michaber 94:5-See Halacha 5!]; Zivcheiy Tzedek 95:30 and Kaf Hachaim 94:49 and 95:45 that so is the Sephardic custom
The reason: As the Ben Yomo taste of meat and milk that dissipate into the water is considered Nat Bar Nat Dihetera. [Michaber ibid]
[92] Zivcheiy Tzedek 94:38; Kaf Hachaim 94:49
[93] Chochmas Adam 48:6; Hakashrus 10:98; See Taz 95:8; Shach 95:5 in name of Ran.
The reason: As now this is no longer a case of Nat Bar Nat but a case of direct Issur. [Poskim ibid]
[94] Rama 94:5
[95] Michaber 95:2; Admur 494:16
[96] The reason: As this is a case of Nat Bar Nat Diheteira according to all, as the Ben Yomo taste greets a non-Ben Yomo in the water, which is then transferred to the spoon/pot prior to having become forbidden.
[97] Shach 94:17; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51
[98] Shach 94:20; Peri Chadash 94:19; Lechem Hapanim 94:22; Beis Lechem Yehuda 94:20; Chavas Daas 94:17; Kaf Hachaim 94:54
[99] The reason: As it would appear contradictory to require the food to be eaten with the meat vessel, but continue using the spoon for dairy. [Taz 94:6; 95:9]
[100] Shach 94:18; Taz 94:8; Toras Chatas 57:14; Chavas Daas 94:16; P”M 94 S.D. 18; M.Z. 7; Biur Hagr”a 94:18; Kaf Hachaim 94:52
Wording in Rama: The Rama ibid writes “To eat it like the type of vessel that was Ben Yomo” implying that it may be eaten with the Ben Yomo type of food, if meat then meat and if dairy then dairy. The Poskim ibid clarify that this is a typing error and in truth it should read “To eat it with the type of vessel that was Ben Yomo.”
[101] Shach 94:18; Taz 94:8; Toras Chatas 57:14; Chavas Daas 94:16; P”M 94 S.D. 18; M.Z. 7; Biur Hagr”a 94:18; Kaf Hachaim 94:52
The reason: If one vessel is Ben Yomo and the other is not Ben Yomo then we do not eat the Pareve food with either milk or meat and we also only use for this food a utensil that is the same food type as the Ben Yomo utensil. The reason for this is as follows: The food may not be eaten with the non-Ben Yomo type food from the letter of the law [according To Rama 95:2], as it contains a Ben Yomo taste of the opposite food. Likewise, one is not to eat it with even the Ben Yomo type food as the Pareve food contains the non-Ben Yomo taste, and Lechatchila one is not to mix even non-Ben Yomo with Ben Yomo. [Taz 94:8]
Time of need and Bedieved: The above is only Lechatchila, however, in a time of need one is able to eat the food with the type of food of the Ben Yomo vessel. [Chochmas Adam 48:11; Kaf Hachaim 95:44] Certainly, if Bedieved the food was mixed with meat or milk it remains permitted. [Rama 95:2; Kaf Hachaim ibid]
Simple understanding of Rama: The Rama ibid writes “To eat it like the type of vessel that was Ben Yomo” implying that it may be eaten with the Ben Yomo type of food, if meat, then meat, and if dairy, then dairy. [See Hakashrus 10:97] The Poskim ibid clarify that this is a typing error and in truth it is forbidden to be eaten with milk or meat, as the Rama himself writes in Toras Chatas ibid
[102] Shach 94:17, as explained in P”M 94 S.D. 17; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51; However, in the opposite case where a non-Ben Yomo spoon was placed in a Ben Yomo meat pot, and there is 60x versus the spoon, seemingly the spoon remains forbidden according to the custom. [See Chavas Daas 94:15; Kaf Hachaim 94:55]
[103] Rama 95:3; Taz 94:9; Shach 94:19; Toras Chatas 57:14; Lechem Hapanim 94:209; Beis Lechem Yehuda 94:18; Chavas Daas 94:18; Kaf Hachaim 94:53
[104] The reason: As since it is so easily attainable it has the same status as Lechatchilah.
[105] Rama 95:3; Taz 95:9; P”M 94 M.Z. 9; Kaf Hachaim 94:48
[106] Rama 95:3; Taz 95:8; Shach 94:16; Peri Chadash 94:15; Lechem Hapanim 94:17; Kaf Hachaim 94:49
[107] Taz 94:7; Issur Viheter 37:9; Toras Chatas 85:5; Darkei Moshe 94:5; Lechem Hapanim 94:18; Beis Lechem Yehuda 94:16; Chavas Daas 94:15; P”M 94 M.Z. 7; Kaf Hachaim 94:50
[108] Implication of Shach 94:17 [however see P”M 94 S.D. 17 how he understands the Shach, and thus one can say the Shach never intended to permit the spoon if there was 60x]; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51; Hakashrus 10:99
[109] Chavas Daas 94:15 based on custom in Rama 94:5; Kaf Hachaim 94:55
[110] The reason: Even in such a case that there is 60x versus the spoon, the spoon remains forbidden, as it has nevertheless absorbed the Ben Yomo taste of the opposite food. This follows the same ruling as when a non-Ben Yomo milk spoon was stuck into a Ben Yomo pot of meat, in which case the custom is to forbid the spoon as explained above. The Taz 95:9 explains the reason for this is because it would appear contradictory to require the food to be eaten with the meat vessel, but continue using the spoon for dairy, and the same would apply here.
[111] Rama 94:5
Other opinions-Sephardic Custom: Some Poskim rule that everything remains Kosher and the food remains Pareve and may be eaten with either meat or milk. [Michaber 95:3; Peri Chadash 94:14; Kaf Hachaim 94:56]
[112] Shach 94:17; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51
If there is 60x: If there is 60x in the food versus the spoon, then the food may be eaten with meat, and the pot remains permitted. [Shach 94:17, as explained in P”M 94 S.D. 17; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51] However, in the case where a non-Ben Yomo spoon was placed in a Ben Yomo meat pot, and there is 60x versus the spoon, seemingly the spoon remains forbidden according to the custom. [See Chavas Daas 94:15; Kaf Hachaim 94:55]
[113] Shach 94:20; Peri Chadash 94:19; Lechem Hapanim 94:22; Beis Lechem Yehuda 94:20; Chavas Daas 94:17; Kaf Hachaim 94:54
[114] Rama ibid as explained in Shach 94:18; Taz 94:8; Toras Chatas 57:14; Chavas Daas 94:16; P”M 94 S.D. 18; M.Z. 7; Biur Hagr”a 94:18; Kaf Hachaim 94:52
Simple understanding of Rama: The Rama ibid writes “To eat it like the type of vessel that was Ben Yomo” implying that it may be eaten with the Ben Yomo type of food, if meat, then meat, and if dairy, then dairy. [See Hakashrus 10:97] The Poskim ibid clarify that this is a typing error and in truth it is forbidden to be eaten with milk or meat, as the Rama himself writes in Toras Chatas ibid
[115] P”M 94 M.Z. 9; Kaf Hachaim 94:48
[116] Rama 95:3; Taz 94:9; Shach 94:19; Lechem Hapanim 94:209; Beis Lechem Yehuda 94:18; Chavas Daas 94:18; Kaf Hachaim 94:53
[117] Rama 95:3; Taz 95:8; Shach 94:16; Peri Chadash 94:15; Lechem Hapanim 94:17; Kaf Hachaim 94:49
Other opinions-Sephardic Custom: Some Poskim rule that everything remains Kosher and the food remains Pareve and may be eaten with either meat or milk. [Michaber 95:3; Peri Chadash 94:14; Kaf Hachaim 94:56]
[118] Shach 94:17; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51
[119] Taz 94:7; Issur Viheter 37:9; Toras Chatas 85:5; Darkei Moshe 94:5; Lechem Hapanim 94:18; Beis Lechem Yehuda 94:16; Chavas Daas 94:15; P”M 94 M.Z. 7; Kaf Hachaim 94:50
[120] Implication of Shach 94:17 [however see P”M 94 S.D. 17 how he understands the Shach, and thus one can say the Shach never intended to permit the spoon if there was 60x]; Peri Chadash 94:16; Lechem Hapanim 94:19; Beis Lechem Yehuda 94:17; Kaf Hachaim 94:51; Hakashrus 10:99
[121] Chavas Daas 94:15 based on custom in Rama 94:5; Kaf Hachaim 94:55
[122] The reason: Even in such a case that there is 60x versus the spoon, the spoon remains forbidden, as it has nevertheless absorbed the Ben Yomo taste of the opposite food. This follows the same ruling as when a non-Ben Yomo milk spoon was stuck into a Ben Yomo pot of meat, in which case the custom is to forbid the spoon as explained above. The Taz 95:9 explains the reason for this is because it would appear contradictory to require the food to be eaten with the meat vessel, but continue using the spoon for dairy, and the same would apply here.
[123] See Hakashrus 10:117
[124] 94:5
[125] Michaber 94:5; Implication of Rama 94:5, as explained in Kaf Hachaim 94:47; Toras Chatas 85:5; Minchas Yaakov 85:25 that so is custom even though that from the letter of the law the pot is permitted
[126] The reason: As the pot was new and never had anything cooked in it [to give it the status of a meat or dairy pot]. [Michaber 94:5]
[127] Rama 94:5
[128] The reason: As the taste that the pot absorbed from the Ben Yomo spoons is Nat Bar Nat, and does not have ability to join with a fresh meat or milk taste. [Rama ibid]
[129] Shach 94:15; See Kaf Hachaim 94:47
[130] Michaber 95:3, brought in Halacha 4 above!
[131] Beir Heiytiv 94:12
[132] Shach ibid; Chochmas Adam 48:3; Kaf Hachaim 94:47 in opinion of Shach
This means that if the last spoon used was dairy, then the pot may be used for Pareve and dairy. If the last spoon used was meat, then the pot may be used for Pareve and meat.
[133] Taz 94:6
[134] Beir Heiytiv 94:12
[135] Michaber 94:5; Implication of Rama 94:5, as explained in Kaf Hachaim 94:47; Toras Chatas 85:5; Minchas Yaakov 85:25 that so is custom even though that from the letter of the law the pot is permitted; Taz 94:9; Kreisi 94:14; Beir Heiytiv 94:12; Peri Megadim 94 that the custom is to be stringent like the Michaber/Rama; Kaf Hachaim 94:47 that Ashkenazim are to be stringent; Some Poskim rule like the Michaber but say one may be lenient in case of great loss-See Shaareiy Yoreh Deah
[136] The reason: The reason the Michaber rules that the pot is forbidden with meat/milk is because it is a new pot which has never been used before for either meat or milk. Since the pot is new, the moment a Ben Yomo milk spoon is entered into it, it must be designated for milk use, even though the pot itself is not yet considered dairy due to actual milk. Now, when one goes ahead and enters a Ben Yomo meat spoon into the pot he is now required to designate the pot [which was already required to be designated for dairy] for meat use. This forms a contradiction in the pots designation, thus resulting in the ruling that Lechatchilah it may not be used for either milk or meat. [Taz 94:6] Alternatively, we assume that since the milk and meat spoons were Ben Yomo perhaps some food was left on them, and hence it is as if milk and meat were actually cooked in the pot within 24 hours of each other. [Beir Heiytiv 94:12]
[137] Peri Chadash 94:14 that according to Michaber is permitted; Gra 94; Chochmas Adam 48:3 in opinion of Michaber; Kaf Hachaim 94:47 that Sephardim may be lenient
[138] Shach 94:15; Chochmas Adam 48:3; Kaf Hachaim 94:47 in opinion of Shach
[139] Kaf Hachaim ibid
[140] Implication of Michaber ibid; See P”M 94 M.Z. 9
[141] Pashut from Michaber ibid
[142] If, however, there is meat currently cooking inside then seemingly the pot would become meaty according to all, being that it is considered to have received direct meat taste as opposed to Nat Bar Nat.
[143] Based on Michaber and Rama 94:5 as explained in Taz 94:6; See Hakashrus 10:99
[144] Michaber 94:6
[145] Such as if a Davar Charif was cut with a meat knife into small pieces. If, however, it was simply sliced in half, then one requires 60x only versus the Netila, or 60x versus the blade, whatever is less. [Rama 96:1; Taz 94:10; Lechem Hapanim 94:25; Beis Lechem Yehuda 94:22; P”M 94 M.Z. 10; Kaf Hachaim 94:57]
[146] The reason: As the food has not become Chanan, as it absorbed the meat while it was still Heter, and therefore one only needs to measure versus the meat. [Rama ibid]
[147] Shach 94:23; Taz 96:5; Maharam Melublin 28; Admur 447:60; M”A 447:38; Kneses Hagedola 96:2; Peri Chadash 94:21; Minchas Yaakov 61:6; Beis David Y.D. p. 16; Lechem Hapanim 96:7; Beis Lechem Yehuda 96:5; Chavas Daas 96:5 Biurim 1; Erech Hashulchan 96:5; Kaf Hachaim 94:60; 96:19
Other opinions: Some Poskim rule that the food is forbidden even if there is 60x against it or its absorbed meat, as we suspect that the food retains some taste of meat, and thus becomes Neveila upon it absorbing the milk. [Pleisi 94:8; Kreisi 94:16; P”M 94 S.D. 23].
[148] Shach 94:23; Lechem Hapanim 94:25; Beis Lechem Yehuda 94:22; P”M 94 S.D. 23; Zivcheiy Tzedek 94:39; Kaf Hachaim 94:58-59; See Michaber 99:3; The Laws of Taaruvos 99 Halacha 3
[149] See Chapter 92 Halacha 3
[150] P”M 94 S.D. 23; Zivcheiy Tzedek 94:39; Kaf Hachaim 94:58
[151] Rama 94:6
[152] Taz 94:11; Lechem Hapanim 94:27; Beis Lechem Yehuda 94:23; Chavas Daas 94:21; P”M 94 S.D. 24; Biur Hagr”a 94:21; Kaf Hachaim 94:63
After 24 hours: If 24 hours had passed since the last use of milk, then even if the meat was cooked within 24 hours of the water, the meat remains permitted. [Chavas Daas ibid; Kaf Hachaim ibid]
[153] The reason: Although the water has removed and reentered the milk taste, thus making the milk Nat Bar Nat, nevertheless, we require 60x versus the milk as we suspect that some of the milk never escaped from the pot into the water and has thus never been diluted in Nat Bar Nat. [Beir Heiytiv 94:18]
[154] The reason: As in addition to the reason mentioned in the previous Halacha that the water did not becomes Chanan, in this case, in fact, the milk has become Nat Bar Nat due to the water. [Shach 94:24; Lechem Hapanim 94:26; Beis Lechem Yehuda 94:23; P”M 94 S.D. 24; Biur Hagr”a 94:21; Kaf Hachaim 94:61]
[155] Shach 94:22
[156] The reason: as the water becomes Chanan and re-enters a new Treif taste into the pot thus restarting the 24-hour count. [Shach ibid; Kaf Hachaim 94:63 that this applies even according to Michaber if the Issur was Basar Bechalav]
[157] 94:7
[158] Michaber 94:7
[159] The reason 60x is required and not Kelipa: Although when one uses a Treif knife to slaughter an animal one only requires a Kelipah worth removed from the animal, this is because only the neck area is hot and not the rest of the cow. [Shach 94:26] Furthermore, although in chapter 105 the Michaber rules that if Treif meat falls on top of hot Kosher meat, one is only required to remove a fingers worth from the meat, and does not require 60x, this is because a) A knife applies pressure to the meat which causes it to absorb more than a falling piece [Duchka Desakina]; b) the knife contains fat which causes the milk taste to spread within the entire piece of meat; c) The piece of meat in discussion is fatty. [Shach 94:27]
[160] Michaber ibid; Taz 94:12; Shach 94:28; Lechem Hapanim 94:29; Chavas Daas 94:23; Chochmas Adam 47:1; Aruch Hashulchan 47:29; Zivcheiy Tzedek 94:48; Kaf Hachaim 94:67
The reason one does not need 60x versus the entire blade: The Michaber holds like the opinion [see Halacha 1 above] who rules that when one knows how much of the vessel was used, one does not need to measure against the entire vessel but rather only against the area which came into contact with the meat. Thus, we do not apply the rule of Cham Miktzaso Cham Kulo. [Taz 94:12; Shach 94:28; See Beis Yosef 94; Shulchan Gavoa 94:24]
Other opinions: Some Poskim rule that one needs to measure 60x versus the entire blade even if one does not hold of the logic “Cham Miktzaso Cham Kulo”, as people do not pay attention to how much of the blade they use to cut with. [Rashal, brought in Taz 94:12; Shach 94:28] Some Poskim rule that in truth the Michaber initially suspects for the opinion of Cham Miktzaso Cham Kulo, and therefore one requires 60x versus the entire blade unless it is a case of great loss. [Zivcheiy Tzedek 94:44; Kaf Hachaim 94:66]
[161] Taz 94:13; Shach in Nekudos Hakesef; Kneses Hagedola end of 94; Lechem Hapanim 94:30; Beis Lechem Yehuda 94:25; Halacha Pesuka 94:7; Chochmas Adam 47:1-2; Aruch Hashulchan 94:30; See Kaf Hachaim 94:68
The reason: The reason one must nevertheless remove a peels worth from the meat is because an ordinary knife has fat remnant on its blade. [Taz 94:13]
Bedieved: The above is only initially required, however, Bedieved, if one cooked the meat without removing a Kelipa’s worth, it remains permitted. [Kaf Hachaim ibid]
Other opinions: Some Poskim rule one is required to remove a Netila’s worth from the meat. [Kreisi 94:21; Chavas Daas 94:23; P”M 94 M.Z. 13; Beis Yitzchak 3:1; See Kaf Hachaim ibid]
[162] Rama 94:7
[163] Shach 94:25; Kneses Hagedola 94:14; Peri Chadash 94:22; Lechem Hapanim 94:28; Chavas Daas 94:22; Chochmas Adam 47:1; Beis Yitzchak 3:1; Zivcheiy Tzedek 94:42; Kaf Hachaim 94:64
The reason: Although we generally apply the rule of Tatah Gavar when the bottom item is cold, in this case since we have Duchka Desakina, it makes no difference whether the hot meat is on top of the knife or under the knife. [Poskim ibid]
[164] Maharil 172; Kneses Hagedola 94:15; Zivcheiy Tzedek 94:43; Kaf Hachaim 94:65
[165] Shach 94:28; Lechem Hapanim 94:29; Chavas Daas 94:23; Chochmas Adam 47:1; Aruch Hashulchan 47:29; Zivcheiy Tzedek 94:48; Kaf Hachaim 94:67
[166] Michaber 94:7
[167] The reason: The reason one must nevertheless remove a peels worth from the meat is because an ordinary knife has fat remnant on its blade. [Taz 94:13; Shach 94:29] Now, this fat does not require one to have 60x versus it, as it is too minute an amount of fat to fully spread into the meat, and thus only a peels worth must be removed. [Bach 94 brought in Taz ibid]
[168] From the letter of the law, the knife is only forbidden with meat or milk, and is permitted with Pareve foods. [Shach 94:31; Peri Chadash 94:27; Lechem Hapanim 94:32; Beis Lechem Yehuda 94:27; Chavas Daas 94:25; Zivcheiy Tzedek 94:49] However, the custom is to prohibit even Pareve use, and it thus must be Koshered. [P”M 94 S.D. 31; Kaf Hachaim 94:68; See Halacha 1B!]
[169] Beis David p. 18; Erech Hashulchan 94:12; Zivcheiy Tzedek 94:47; Kaf Hachaim 94:69
The reason: As there is only a minute amount of fat on the blade and certainly it is nullified in 60x. [Poskim ibid]
[170] Michaber ibid
The reason: As a Stam vessel is not considered to be Ben Yomo. [Taz 94:13]
[171] Taz 94:13
[172] Shach in Nekudos Hakesef on Taz ibid
[173] In general, meat contains 60x the fat of a blade and hence there was no need for the Michaber to mention this. If however indeed it does not contain 60x, the meat is forbidden. [Nekudos Hakesef ibid]
[174] Taz 94:13; Shach in Nekudos Hakesef; Kneses Hagedola end of 94; Lechem Hapanim 94:30; Beis Lechem Yehuda 94:25; Halacha Pesuka 94:7; Chochmas Adam 47:1-2; Aruch Hashulchan 94:30; See Kaf Hachaim 94:68
The reason: As the fat remains in the area of contact of the meat. [Poskim ibid]
[175] Michaber 94:7; Bach; Peri Chadash; Tzemach Tzedek
[176] Taz 94:13; Shach in Nekudos Hakesef
[177] Taz 94:13; Shach in Nekudos Hakesef; Kneses Hagedola end of 94; Lechem Hapanim 94:30; Beis Lechem Yehuda 94:25; Halacha Pesuka 94:7; Chochmas Adam 47:1-2; Aruch Hashulchan 94:30; See Kaf Hachaim 94:68
The reason: As the fat remains in the area of contact of the meat. [Poskim ibid]
[178] Glosses of Rav Akiva Eiger 94:7; Aruch Hashulchan 94:31; Kaf Hachaim 94:74
[179] Rama 94:7
[180] Such as if the meat was placed from the pot onto a plate and the like.
[181] The reason: The Rama holds that a Davar Gush which is placed in a Keli Sheiyni has the status of a Keli Sheiyni, and thus its heat is no longer hot enough to cook or cause transference of taste.
[182] Neitza is a form of cold Koshering usable for knives which entails stabbing the knife ten times into hard ground, in ten different areas. [Michaber Y.D. 121:7]
[183] Beis David p. 18; Erech Hashulchan 94:12; Zivcheiy Tzedek 94:47; Kaf Hachaim 94:69
The reason: As there is only a minute amount of fat on the blade and certainly it is nullified in 60x. [Poskim ibid]
[184] Issur Viheter 36:7, Rashal Gid Hanashe 44, brought in Shach 94:30
[185] Shach 105:8
[186] Taz 94:14
[187] Rama 94:7
[188] Shach Y.D. 94:30; 105:8; Issur Viheter 36:7; Rashal Gid Hanashe 44; Taz 94:14 [regarding knife-Duchka Desakina]; Beis Lechem Yehuda 94:26; Halachas Pesuka 94:7; Chavas Daas 94:26; Beis Yitzchak 3:3; Toras Hasheam, brought in Soles Lamincha on Toras Chatas 23:7; Erech Hashulchan 94:14; Aruch Hashulchan 94:32 [unless great loss]; Chochmas Adam 60:12 [is lenient in case of great loss]; So rule regarding Shabbos: Magen Avraham 318:45 [although the Tzemach Tzedek explains that the Magen Avraham himself does not hold of this opinion as the final Halacha. Nevertheless the Peri Megadim seems to rule to be stringent in this Lechatchilah]; Admur 253 Kuntrus Acharon 11 “I did not record the words of the M”A as according to the Shach in Y.D. 94 a Davar Gush never becomes a Keli Sheiyni..”; Implication of Admur 318:20 and 31 regarding roast and does not differentiate between Keli Rishon and Sheiyni; M”B 318:45 and 65 and 118; Ketzos Hashulchan 124 footnote 15 and 39; Seeming conclusion of Igros Moshe; See Piskeiy Admur p. 180
[189] Rama Y.D. 94:7; Tzemach Tzedek Yoreh Deah 65; Peri Megadim; Chavas Daas; Chasam Sofer; Aruch Hashulchan; Igros Moshe from letter of law; Shabbos Kehalacha Vol. 1 p. 88-91
[190] Aruch Hashulchan 94:32; Kaf Hachaim Y.D. 94:72; Hakashrus 10:91
[191] Toras Hasham, brought in Soles Lamincha on Toras Chatas 23:7; Kaf Hachaim 94:72; Ketzos Hashulchan 124 footnote 15; Shabbos Kehalacha Vol. 1 p 24
[192] The reason: As the liquid gets cooled off by the walls of the second vessel which in turn cools off the solid.
[193] Kaf Hachaim 94:73
[194] Rashal Gid Hanashe 44, Taz 94:14; Kaf Hachaim 94:73
[195] Shach 94:31; Issur Viheter 58:4; Kreisi 94:23; Halacha Pesuka 94:7; Erech Hashulchan 94:15; Chochmas Adam 47:4; Beis Yitzchak 3:18; Zivcheiy Tzedek 94:53; Kaf Hachaim 94:76;
[196] See Shulchan Gavoa 1; Zivcheiy Tzedek 89:45; Kaf Hachaim 89:69 “One cleans the knife and returns it to its designated use”
[197] Implication of Shach and Poskim ibid; Erech Hashulchan ibid; Zivcheiy Tzedek 94:53; Kaf Hachaim 94:76; However, See Rama 94:7 regarding meat of a Keli Sheiyni that was cut with a milk knife that the knife requires Neitza, however, seemingly this is because the meat was hot, while if cold the Poskim ibid explain that a mere rinse suffices; See Rashal Kol Habasar 8, brought in Shach 89:22 that Neitza is always required
[198] 94:8; According to some Poskim, this is the case the Michaber 94:8 is referring to throughout the entire Halacha, and hence his opening case of Pandash also refers to a vessel and not a food. [See Taz 94:14; See P”M 94 M.Z. 15] However, according to other Poskim, this scenario is the intent of 2nd case of discussion in the Michaber, while the 1st case refers to an actual food, as explained in the next Halacha. [See Shach 94:32; P”M ibid]
[199] The reason: The reason we are more lenient by a plate than by a knife is because a knife has fat and applies pressure to the food. [Shach 94:33; Taz 94:16; Beis Hagoleh 94]
[200] Shach 94:33; Regarding how the ruling here does not contradict the ruling of Shach in 95:5 that only if both the food and vessel are hot is taste absorbed, seemingly this is because there it is dealing with a case of Pareve of which the rule of Nat Bar Nat applies, and hence even according to the Rama we are more lenient.
[201] Shach ibid
[202] Peri Chadash 94:30; Lechem Hapanim 94:35; Aruch Hashulchan 94:34; Kaf Hachaim 94:79
[203] Shach 94:33; Peri Chadash 94:30; Lechem Hapanim 94:35; Beis Lechem Yehuda 94:30; P”M 94 S.D. 33; Aruch Hashulchan 94:34; Zivcheiy Tzedek 94:56; Kaf Hachaim 94:79
[204] See Michaber 105:4-5 who rules that by Tatah Gavar it prohibits a Netila worth.
[205] See Shach 105:23; Peri Megadim 94 S.D. 33; M.Z. 15
[206] Shach 105:23 suggests that even if the food is dry, if the Issur is fatty, it requires 60x, although he concludes with a Tzaruch Iyun. Vetzaruch Iyun why here does the Shach not differentiate between whether the plate absorbed fatty meat or lean meat; See Admur 451:66 regarding if the Heter is fatty
[207] Rama 105:3; Shach 105:10; 105:23; Issur Viheter; Rashba; Tosfos
Other opinions: Some Poskim rule that we do not apply the rule of Tatah Gavar by vessels, and hence even if the plate was cold, everything is forbidden if the plate was hot. [Rashal in Perek Gid Hanashe 45, brought in Shach 105:10]
[208] Admur 451:66; See Admur 451:56 who implies that even if it absorbed fatty Issur, the food is only forbidden a Kelipa’s worth. However see Piskei Admur Yoreh Deah p. 182 who explains that the case there is referring to Chametz which contains oil/fat, and not when the actual Issur itself is fatty; See Beir Yitzchak Y.D. 11
[209] See Piskeiy Admur ibid and previous footnote that when the Issur itself is fatty, Admur agrees to the ruling of the Shach.
[210] Michaber 94:8; Shach 94:33
[211] A vessel is assumed to be cleaned from any meat residue unless one knows for certain that it was not cleaned well. [Shach 95:1; Kneses Hagedola 95:23; Peri Chadash 95:2; Minchas Yaakov 58:17; Admur 447:51; 452:7; Lechem Hapanim 95:1; Beis Lechem Yehuda 95:1; Kehilas Yehuda 95:1; Beis Yitzchak 95:1; Zivcheiy Tzedek 95:6; Kaf Hachaim 95:6]
[212] Shach 105:23 rules that even if the food is dry, if the Issur is fatty, it requires 60x. [Vetzaruch Iyun why here does the Shach not differentiate between whether the plate absorbed fatty meat or lean meat.] Implication of Admur 451:66 [However, see Admur 451:56 who implies that even if it absorbed fatty Issur, the food is only forbidden a Kelipa’s worth. However see Piskei Admur Yoreh Deah p. 182 who explains that the case there is referring to Chametz which contains oil/fat, and not when the actual Issur itself is fatty.]; P”M 105 S.D. 23 an Hanhagos Hashoel Seder 2:24; Kreisi 105:17; Degul Merivava 108 based on Issur Viheter 39:7
Other opinions: Some Poskim rule that even if the plate absorbed fatty meat/Issur, the cheese/Heter only requires a Kelipa removed. [Possible understanding of M”A 451:37 and Admur 451:56; Peri Chadash 105:28; Chavas Daas 105:25; Noda Beyehuda Kama Y.D. 30, brought in Pischeiy Teshuvah 105:13; Yad Yehuda 94 Aruch 40; Katzar 46; 105 Aruch 37, Katzar 54; Darkei Teshuvah 105:142; Kaf Hachaim 105:84]
[213] Admur 451:66; See Beir Yitzchak Y.D. 11; Piskei Admur Yoreh Deah p. 182
Other opinions: Some Poskim rule that even if the Heter is fatty, it only requires a Kelipa removed. [P”M 105 S.D. 23]
[214] See Michaber 105:4-5 who rules that by Tatah Gavar it prohibits a Netila worth.
[215] See Shach 105:23; Peri Megadim 94 S.D. 33
[216] Peri Chadash 94:30; Lechem Hapanim 94:35; Aruch Hashulchan 94:34; Kaf Hachaim 94:79
[217] Rama 105:3; Shach 105:10; 105:23; Issur Viheter; Rashba; Tosfos
Other opinions: Some Poskim rule that we do not apply the rule of Tatah Gavar by vessels, and hence even if the plate was cold, everything is forbidden if the plate was hot. [Rashal in Perek Gid Hanashe 45, brought in Shach 105:10]
[218] See Taz 91:2; Rashal Kol Habasar 44
[219] See Rama 105:1; Chapter 8 Halacha 7!
[220] This case follows the understanding of some Poskim in the Michaber’s first scenario in 94:8 regarding the Pandash. [See Shach 94:32; See P”M 94 M.Z. 15] However, according to other Poskim, this scenario was never the intent of discussion in the Michaber. [See Taz 94:14; P”M ibid]
[221] Shach 94:32 in his understanding of Michaber 94:8 and Rabbeinu Yerucham brought in Beis Yosef 94 regarding Pandash; Peri Chadash 94; Beis Lechem Yehuda 94:29
[222] Shach ibid that the cheese requires a Netila. This follows the ruling of Michaber 105:9 who differentiates between lean and fatty, however, according to Rama 105:9, the cheese requires 60x. [Kaf Hachaim 94:77]
[223] The reason: As it is not common for cheese to penetrate more than a Kelipa’s worth into meat, even if the meat is hot. [Poskim ibid; See P”M 94 M.Z. 15]
[224] Implication of Taz 94:15 and Beir Hagoleh 94 who interpret the Michaber ibid case of Pandash to be referring to an empty vessel; P”M 94 M.Z. 15 “Never heard of this before, and never heard anyone rule this way” and so is the simple implication of the detailed laws of Tatah Gavar in chapter 92 who never differentiated in this matter
[225] Degul Merivava 94 based on Michaber 105:7; Kaf Hachaim 94:78
[226] Based on ruling of Rama in 105:9 who does not differentiate between fat and lean; Chavas Daas 94 Biurim 17; Degul Merivava 94; Beis Yitzchak 3:6; P”M 94 M.Z. 15; Kaf Hachaim 94:77
[227] Kaf Hachaim 94:77
[228] Michaber 94:9
[229] Shach 94:34 even according to Rama; Chavas Daas 94:29; Chochmas Adam 48:14; Aruch Hashulchan 94:35; Kaf Hachaim 94:80
[230] The reason: As this is a case of Nat Bar Nat Dehetera. [Michaber 94:8] Alternatively, the reason is because meat is Nosein Taam Lepegam in honey. [Mordechai, brought in Shach ibid and Taz 94:17; The Taz ibid questions why the Michaber does not record the reason of the Mordechai. The ramification between the two reasons is regarding if there was actual meat leftovers inside the pot in which the honey was cooked. According to the reason recorded in Michaber, the honey would be forbidden. According however to the reason of the Mordechai it would be permitted.]
[231] Shach 94:34
[232] Shach 94:34; Chochmas Adam 48:14; Aruch Hashulchan 94:35; Kaf Hachaim 94:80
Does this apply even according to the Rama? The Rama [95:3] rules that Nat Bar Nat is forbidden in such a case, and likewise rules that meat does not give a Pagum taste to honey. [Rama 103:4] Nonetheless, this ruling applies even according to the Rama being that many Poskim hold meat in honey is Nosein Taam Lepegam, as well as many Poskim hold of Nat Bar Nat, hence with both reasons together the Rama is likewise agrees that the pot is permitted. [Shach ibid]
Other opinions: Some Poskim rule that according to the Rama 95:3, one is to initially be stringent. [Beis Lechem Yehuda 94:32]
[233] Taz 94:17 that so applies according to Michaber 103:4;; Kneses Hagedola 94:43; Peri Chadash 94:32; Kreisi 94:26; Zivcheiy Tzedek 94:58; Kaf Hachaim 94:81
[234] Rama 103:4; Kaf Hachaim ibid
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