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Introduction:

This chapter will discuss alternative ways that a Heter can receive Issur taste, other than through cooking. What is the law if a Heter and Issur soaked together? What if they were salted together? What if one was hot and they contacted each other. What is the law of a Keli Rishon and Keli Sheiyni? The details of all these laws will be elaborated on in this chapter.

The Law of Kavush Kemivushal

Introduction:

Kavush literally means pickled. A food which is pickled transfers taste. Similarly a food which remained in liquid for 24 hours is considered pickled and transfers taste just as if the food was cooked.

Example:

There are various scenarios of Kavush. What is the law if an Issur soaked in a Heter liquid? What is the law if Heter soaked in an Issur liquid? What is the law if a Heter and Issur soaked together in Heter liquid.

1. Kavush Kemivushal:[1]

A. The Law:[2]

For 24 hours or more: If an Issur and Heter solid remained in the same liquid for 24 hours the foods are considered pickled together which in turn is considered as if they were cooked together. Thus in such a case the Heter is entirely forbidden [unless it contains 60x the Issur].

For less than 24 hours: If the Issur and Heter remained in the liquid for less than 24 hours the Heter remains Kosher and merely needs to be rinsed off. [This is with exception to vinegar and Tzir which will be explained below in Halacha F.]

*Regarding Kavush in vinegar or Tzir-See Halacha F!

B. If the Heter was not fully submerged within the liquid does the part above the liquid become forbidden?[3]

• First Opinion in Rama-Entire Heter is forbidden: Whenever a Heter is soaking within an Issur liquid or remained in liquid together with an Issur for 24 hours, the entire Heter becomes forbidden even if the Heter was not completely submerged within the liquid, and hence part of the Heter protruded above liquid level. The reason for this is because the pickling process occurring in the part of the Heter which is submerged within the liquids spreads the Issur taste upwards into the part that is above liquid level, just like occurs during cooking.  
• Second Opinion in Rama-Area above liquid is permitted:[4] There are opinions[5] which are lenient that the entire area of the Heter that protrudes above the liquid remains Kosher.  
• The Final Ruling of Shach:[6] If the Issur is lean then we follow the lenient opinion which holds that the area of the Heter which is above liquid level remains Kosher. However if the Issur is fatty the entire Heter becomes forbidden, even the area which protrudes above the liquid.[7]  
• Ruling of Admur in Shulchan Aruch Harav:[8]

Only the area of the food that is submerged within the liquid is prohibited. However the area of the food that protrudes above the liquid is permitted. [Thus Admur rules like the second opinion of Rama, and Shach that when the Issur is lean the part above the liquid remains Kosher.]

Final Ruling:

Only the area of the Heter that is within the liquid becomes forbidden. If however the Issur is fatty the entire Heter is forbidden.

C. What is the law if one is in doubt if the food remained within the liquid[9] for 24 hours:[10]

Basar Bechalav:

In a case of meat and milk, such as a piece of meat soaked in milk and one does not know if it soaked for 24 hours, then we are lenient.[11]

Other Issurim:

• Rama:In a case of Issurim other than Basar Bechalav, such as a piece of Issur meat soaked in a cold soup and one does not know if it soaked for 24 hours, one requires 60x.[12] 
• Taz:[13]The Taz rules that in a case of doubt in whether the Issur soaked for 24 hours, we are lenient to permit the Heter in all cases, even by other Issurim.[14]  
• Nekudos Hakesef; Peri Chadash[15]; Peri Toar[16]; Beir Heiytiv[17]:The Nekudos Hakesef and other Poskim defend the ruling of the Rama against the Taz and rule that by other Issurim we are always stringent. 
• Opinion of Admur in Shulchan Aruch Harav:[18]

Admur rules like the Rama that we assume the Issur was left soaking for 24 hours.

D. What is the law of the vessel if an Issur liquid remained in it for 24 hours?[19]

If an Issur liquid, or an Issur solid that is within a liquid, remained 24 hours within a vessel the vessel becomes forbidden in use and cannot be used to cook food inside of it or to soak food in it for 24 hours.[20] This applies by vessels of all materials.[21]

What is the law if Bedieved one cooked in this vessel?

• Issur Viheter:[22] Depends on vessel: If one cooked a Heter within a vessel that became forbidden due to soaking an Issur in it for 24 hours the Issur Viheter rules that if the vessel is made of metal the food remains Kosher. However if the vessel is made of earthenware or wood then the food requires 60x.  
• Taz:[23]Bedieved everything remains Kosher: There is no difference in ruling between metal and other material vessels. Rather all vessels that became forbidden due to having an Issur soak in them for 24 hours are forbidden for one to initially use. However Bedieved if one cooked in them or soaked a Heter in them for 24 hours the food is permitted. 
• Shach:[24]Bedieved always require 60x: If one soaked an Issur into a Heter for 24 hours the entire vessel absorbs the Issur taste and becomes forbidden. Hence if one cooks in it he requires 60x the vessel. 
• Ruling of Admur in Shulchan Aruch Harav:[25]Admur rules like the Shach that the entire vessel absorbs the Issur taste and becomes forbidden. 
• Final Ruling of Peri Megadim:[26]The final ruling follows the opinion of the Shach that all vessels which absorbed Issur through Kevisha are forbidden even Bedieved and require 60x the vessel in the food that is cooked in them.What is the law if Bedieved one soaked a Heter in this vessel for 24 hours:
• Issur Viheter:[27]Depends on vessel: If one soaked a Heter for 24 hours within a vessel that became forbidden due to soaking an Issur in it for 24 hours the Issur Viheter rules that if the vessel is made of metal the food remains Kosher. However if the vessel is made of earthenware or wood then the food requires 60x.  
• Taz:[28]Bedieved everything remains Kosher: There is no difference in ruling between metal and other material vessels. Rather all vessels that became forbidden due to having an Issur soak in them for 24 hours are forbidden for one to initially use. However Bedieved if one soaked a Heter in them for 24 hours the food is permitted. 
• Shach:[29]Bedieved everything remains Kosher: The Shach agrees with the ruling of the Taz against the Issur Viheter and thus rules that a Heter that soaked for 24 hours within an Issur vessel never becomes forbidden being that after 24 hours the vessel is no longer Ben Yomo. 
• Magen Avraham[30]; Beir Heiytiv[31]; Peri Chadash[32]; Darkei Moshe[33]:Defends the ruling of Issur Viheter: The Beir Heiytiv brings Poskim which explain and defend the ruling of the Issur Viheter which rules that a Heter which soaked in an Issur vessel for 24 hours becomes forbidden. He explains as follows: We only say that absorbed taste becomes spoiled after 24 hours if nothing was in the vessel for those 24 hours. Thus if there is Heter in the vessel within the 24 hours since the Heter began absorbing the Issur taste from the vessel before it became spoiled, when it remains there for 24 hours it is considered cooked within this fresh taste that it already absorbed.  
• Ruling of Admur in Shulchan Aruch Harav:[34]

Admur rules that a Heter never becomes forbidden due to soaking in an Issur vessel for 24 hours. [Thus Admur rules like the Shach and Taz unlike the Issur Viheter, Magen Avraham and Peri Chadash.]

E. The law if a Heter liquid remained in an Issur vessel for 24 hours:[35]

If a Heter liquid remained for 24 hours in an Issur vessel, it follows the same law and dispute mentioned in the previous case regarding a Heter that soaked in a vessel that became forbidden due to having an Issur soak in it. Regarding this law there is no difference in whether the vessel became forbidden due to cooking Issur in it or due to soaking. Nevertheless in a case that one cooked Issur in a vessel, the Issur Viheter would hold that if one soaked a food in it for 24 hours the food is forbidden, and in this case there is no difference between a metal and other material vessels.[36] As mentioned above the Shach, Taz and Admur argue on this ruling entirely.

Final Ruling-Soaking a Heter in an Issur vessel:

Lechatchilah: According to all opinions it is forbidden to initially soak Heter within an Issur vessel.

Bedieved : The Heter remains Kosher, as the Heter is only considered pickled and cooked with the vessel after it has stayed in the vessel for 24 hours and after 24 hours the vessel is no longer Ben Yomo. It is thus considered as if one has cooked food in a non-Ben Yomo Issur pot in which case the Heter remains permitted.[37] However there are some Poskim[38] which are stringent in this matter.

F. The law if Issur and Heter soaked within vinegar or Tzir[39]:[40]

Examples: What is the law if Kosher meat soaked within Issur vinegar, or Issur meat soaked within Kosher vinegar?[41]

• Michaber and other Achronim[42]: If the Heter/Issur remained within vinegar or Tzir for the amount of time it takes for one to place the liquid on a fire and bring it to a boil [See Q&A] then the mixture is considered cooked and everything is forbidden.[43] 
• Shach[44] and other Achronim[45]:

Argues on Michaber regarding vinegar: The Shach argues on the Michaber and rules that vinegar has the same law as other liquids and thus requires 24 hours of soaking to prohibit a food.[46] However by Tzir all Poskim agree it becomes Kavush within the amount of time it takes to boil the liquid.[47]

The law if the solid remained in the Tzir for less than “boiling time”:[48] If the solid remained within the Tzir for less than “Shiur Kevisha[49]” then the Heter requires a mere peels worth removed, while the remainder is permitted. [Nevertheless, according to the Rama although the food is not considered Kavush in less than Shiur Kevisha, it is however considered salted with the Issur of which the Rama rules that the Issur immediately transfers taste to the entire Heter. The practical ramification of whether Kavush applies in less than Shiur Kevisha would be in a case that both the Issur and Heter are lean or the Issur is merely Rabbinical, in which case even the Rama agrees that the Heter only becomes forbidden a Kelipa worth.[50] ]

Q&A

Practically what is the amount of time it takes Tzir or vinegar to boil?[51]

Some opinions[52] rule this refers to 18 minutes just as is the measurement of salting meat for its blood. Others say it is not less than 6 minutes. Others however argue that this depends on the size of every item, and its cooking ability and hence no definite time can be given.[53] Practically the accepted ruling of Rabbanim is 18 minutes.[54]

If one did Kevisha to a Heter within an Issur liquid and there was 60x must a peel nevertheless be removed from the Heter?[55]

If the Heter became Kavush within non-Tzir liquids then if there is 60x the entire food is permitted. If it became Kavush within Tzir then a Kelipa must be removed even if the Heter contains 60x the Issur.

What is the law if one soaked a Heter within Heter Tzir in an Issur vessel?[56]

The food is permitted. This applies even if the vessel was Ben Yomo.[57] If however the Heter remained within the Tzir for 24 hours then it is forbidden.[58]

How wet must a food be to be considered Kavush within the vessel? [59]

It must contain actual liquid. It does not suffice for it to be merely moist.

Is ice considered a liquid regarding the law of Kavush?[60]

No.

Keli Rishon and Keli Sheiyni

Introduction:

The following Halacha will discuss the laws of an Issur and Heter which came into contact in a Keli Rishon and Keli Sheiyni. The question here is under what level of heat can an Issur transfer taste to a Heter if they came into contact with each other. Must the food be on the fire? What if the food was transferred to another pot that is off the fire and then came into contact with an Issur?

2. The law of a Keli Rishon and Keli Sheiyni:[61]

A. Keli Rishon:

Definition of a Keli Rishon:[62] A Keli Rishon is defined as the original pot of food that the food was cooked in, whether it was taken off the fire or still remains on the fire.

Example: What is the law if an Issur fell into a hot pot of food that was removed from the fire?

The Law:[63] A Keli Rishon which contains the heat of Yad Soledes has the ability to cook. Hence in the above example the food requires 60x the Issur.

The law of a Keli Rishon which is not Yad Soledes?[64]

• Rashal:The Rashal is stringent to rule that a warm Keli Rishon that is on the fire has the ability to forbid a food even if the food has not yet reached Yad Soledes. This is due to a safeguard that one should not come to cook Issur in a Keli Rishon. Thus in the above example the Rashal would rule the food is forbidden if the pot is still on the fire. 
• Shach:[65]If the vessel is hot but is not Yad Soledes the food is always permitted. Nevertheless one is to be stringent to remove a peels worth from the food. [Some[66] understand that this ruling of the Shach only applies if the Keli Rishon is on the fire. Others[67] rule it applies even if the Keli Rishon has been removed from the fire. According to all it does not apply by a Keli Sheiyni.[68]] 

  B. Iruiy Keli Rishon?

  Definition[69]: The pouring of the content of a Keli Rishon that is Yad Soledes onto a food or liquid is defined as Iruiy Keli Rishon.

  Example: What is the law if an Issur spilled from a Keli Rishon pot onto Kosher food?

  The Law:

• Taz /Rashal:[70] Entire food is forbidden: According to the Taz and Rashal the pouring of a Keli Rishon has the ability to transfer taste throughout the entire food. Thus in the above example the entire food is forbidden.[71]  
• Shach:[72] Must remove Kelipa: Food poured from a Keli Rishon onto another food or liquid has the ability to cook a peels worth of that food. If Nifsak Hakiluach[73] then although it does not have the ability to cook, it nevertheless has the ability to transfer taste to a peels worth of the food. Thus in the above example the food would require a peels worth removed.The law if a hot Keli Rishon Issur was placed onto a Kosher vessel:[74] The vessel needs a peels worth removed [or needs to be Kashered]. 

  The law if a hot Keli Rishon Heter fell onto an Issur vessel:[75]  The Heter requires a peel’s worth removed [if the vessel was Ben Yomo].

   

  C. Keli Sheiyni:

  Definition of a Keli Sheiyni: A Keli Sheiyni is defined as the vessel which the hot food was poured into from the Keli Rishon. 

  Example: What is the law if an Issur fell into a hot serving bowl of soup that was poured into from the original pot of soup that was on the fire?

  The law: The heat of a Keli Sheiyni does not have the ability to cook even if contains the heat of Yad Soledes. Nevertheless according to some opinions if it is Yad Soledes it has the ability to transfer taste from one food to another. Thus in the above example although all agree that the Issur is not considered cooked with the Heter nevertheless according to some opinions the Issur transfers taste to the Heter and prohibits it. The following are the opinions on this matter:

   

  Does a Keli Sheiyni have the ability to transfer taste?

• First opinion in Michaber: Not able to transfer taste: There are opinions[76] which rule that besides for a Keli Sheiyni not having the ability to cook it also does not have the ability to transfer taste. Hence in the above example all the food remains permitted if the Issur is removed. 
• Second opinion in Michaber: Is able to transfer a peels worth of taste: There are opinions[77] which rule that although a Keli Sheiyni does not have the ability to cook, it nevertheless does have the ability to transfer taste between foods, into the external peel of the food. Thus in the above example the Heter would require a peel worth removed.   
• Opinion of Rashal[78] and Bach[79]:Is able to transfer taste completely if is Issur Machams Atzmo: The Rashal rules that a Keli Sheiyni has the ability to completely transfer taste into another food, even more than a peels worth. However this only applies to the inherent taste of the food as opposed to taste which the food absorbed from a different food. Thus if an intrinsic Issur [i.e. Issur Machmas Atzmo] such as a piece of Niveila meat fell into a Keli Sheiyni, taste in transferred completely into the other food and 60x is required. If however a piece of Kosher meat absorbed Treif taste and hence became forbidden [i.e. Issur Balua], a Keli Sheiyni does not have the ability to transfer this taste completely into the other food.  
• Final ruling of Michaber: Suspect for second opinion Lechatchilah: Lechatchilah it is proper be stringent like the second opinion that a Keli Sheiyni has the ability to transfer a peels worth into another food. [This means to say that initially one is not to place food into a Keli Sheiyni that contains Issur. However Bedieved if one did so, the food remains Kosher without needing to remove a peels worth from the food. Nevertheless the food must still be washed. This stringency applies even by foods that are normally washed before they are cooked.[80]] 
• Opinion of Rama:[81] Everything is permitted: The Rama agrees to the ruling of the Michaber that a Keli Sheiyni does not have the ability to cook or to transfer taste and thus a food which falls in a Keli Sheiyni is completely permitted. 
• Opinion of Shach:[82] Remove a Kelipa: The Shach concludes that one is to be stringent and remove a peels worth from a food that fell into an Issur Keli Sheiyni. However if doing so will involve a considerable loss one may be lenient [and simply wash the food]. 
• Opinion of Taz:[83]

Entire food is forbidden unless case of great loss: The Taz defends the opinion of the Rashal and rules that a Keli Sheiyni which is Yad Soledes has the ability to transfer taste to the entire food [if the Issur was Machmas Atzmo]. Nevertheless if prohibiting the food will cause a case of great loss and the food involved is a Davar Chashuv then one may be lenient like the Michaber and Rama to permit the entire food. In all cases that the Keli Sheiyni is not Yad Soledes all the food remains permitted.

Issur Keli Sheiyni that was placed in earthenware:[84] If one mixed a hot Keli Sheiyni Issur food with an earthenware vessel we are stringent to prohibit the vessel unless the case involves a considerable loss.

Are utensils used with a hot Keli Sheiyni considered Ben Yomo:[85] According to the Taz above if one used a vessel in a Keli Sheiny that is Yad Soledes [such as a Keli Sheiny bowl of hot milk], the vessel is considered Ben Yomo and follows all its stringencies. However according to all the other Poskim[86] mentioned above the vessel does not absorb any of the taste of the Keli Sheiyni and is hence not considered to have been used with the food at all.

A Keli Sheiyni that is no longer Yad Soledes:[87] A Keli Sheiyni which is warm but is not Yad Soledes does not have the ability to forbid a food at all.

Summary:

Does Heter which fell into a hot Issur Keli Sheiyni become forbidden?

Some Poskim[88] rule the entire mixture remains permitted without requiring nullification, or the removal of a Kelipa. Others[89] rule one must remove a Kelipa worth from the food unless it involves a considerable loss. Others[90] rule the food requires 60x unless it involves great loss and a Davar Chashuv. If the Keli Sheiyni is not Yad Soledes according to all the food remains permitted.

D. Davar Gush:[91]

Definition: A Davar Gush is defined as a solid piece of food that does not contain gravy, such as a barbecued steak, or baked Schnitzel, as opposed to a chulent or stew.

The Law: There is a difference of opinion regarding whether the heat of a Davar Gush substantially diminishes when placed into a Keli Sheiyni, and thus retains or loses its ability to cook or transfer taste.

Example: If a steak or schnitzel was removed from the oven and placed onto a plate according to some the steak and schnitzel retains a Keli Rishon status and if Issur falls onto it the piece requires 60x. According to others it is considered a Keli Sheiyni.

The following are the differences of opinion:

• Rama:[92] A Davar Gush that was placed in a Keli Sheiyni has the same law as a Keli Sheiyni and thus can no longer transfer taste. Hence in the above example the meat and schnitzel remain Kosher. 
• Rashal[93]; Issur Viheter[94]:A Davar Gush which was placed into a Keli Sheiyni [or even a Keli Shelishi and onwards[95]] retains all the laws of a Keli Rishon so long as it remains Yad Soledes.[96] Hence in the above example the steak and schnitzel require 60x. 
• Shach:[97] The Shach leans[98] to rule like the Rashal and Issur Viheter [against the Rama] that a Davar Gush always retains the status of a Keli Rishon while it is hot.  
• Taz:[99]The Taz holds like the Rama that a Davar Gush in a Keli Sheiyni cannot transfer taste. [However since the Taz rules that even a Keli Sheiyni has the ability to transfer taste, the ramification according to the Taz would only be if the food is placed in a Keli Shelishi.] 
• Opinion of Shulchan Aruch Harav:Admur does not give a clear ruling regarding if a Davar Gush has the status of a Keli Sheiyni. Some understand that Admur is stringent by a Davar Gush. Others understand that Admur is lenient. See the footnote for opinion which discuss his ruling.[100]   
• Opinion of Mishneh Berurah:[101]

One is to be stringent to consider that a Davar Gush has the ability to cook in a Keli Sheiyni unless it is a time of need.

Foods which have the status of a Davar Gush:

• Piece of meat without gravy
• Piece of fish without gravy
• Baked Schnitzel
• Rice [and other legume or grain products]:[102] Cooked rice which does not contain any liquid is considered a Davar Gush. However rice which retains liquid and thus is able to be poured like a liquid is not a Davar Gush.

How much is Yad Soledes?[103]

There is no clear definition of Yad Soledes brought in the Talmud or Rishonim.[104] Due to this in later Poskim we find various opinions regarding the temperature of Yad Soledes. The opinions range between 40-80 Celsius [104-170 Fahrenheit]. Less than 40 Celsius [104 Fahrenheit] is not considered Yad Soledes. Some Poskim say it is no less than 43 Celsius [110 Fahrenheit]. Others say it is no less than 45. Others say it is no less than 52. Above 71 is certainly above Yad Soledes.

Practically the generally accepted custom is to consider 110 Fahrenheit as Yad Soledes.

Tatah Gavar-Shulchan Aruch Halacha’s 3-8 

Introduction-The general rule of Tatah Gavar:

The term Tatah Gavar literally means “The bottom rules”. This rule is referring to a case that Issur came into contact with Heter in a case that one piece is on top of the other. If only the top piece is hot or only the bottom piece is hot, how much taste becomes transferred into the Heter piece? The above rule states that the bottom piece always controls the heat level of contact that penetrates into the piece on top of it. This heat is the determining factor of the amount of taste which is transferred from the Issur to the Heter. Thus if the bottom piece is hot it transfers more heat and taste to the upper piece than if only the upper piece was hot and the bottom piece is cold. The details of how much of the Heter becomes forbidden in these two scenarios will be elaborated in this section.

*Important Note:

There is a difference of opinion in whether a hot food that has been removed from the fire [i.e. Keli Rishon] and placed on another surface [i.e. Keli Sheiyni] is still considered hot enough to transfer taste to another food. Thus according to some opinions all the circumstances discussed below only refer to a food that is hot and has remained in the Keli Rishon. If however it was removed from the Keli Rishon into a Keli Sheiyni they hold it can no longer prohibit any other food. The details of this dispute was elaborated on in the previous Halacha under the laws of a Keli Sheiyni and Davar Gush, please refer to there for further information.

3. Tatah Gavar:[105]

A. The bottom is cold and top is a hot Keli Rishon, [irrelevant whether the top or bottom are dry or wet]:[106]

Example: A hot piece of Kosher meat fell on top of a cold piece of Issur meat, or a hot Issur piece of meat fell on top of cold Kosher meat, what is the law?

The Law: In such a case the Kosher piece only requires a peel’s worth removed from the area of contact. This applies whether the Issur piece was on top or on bottom, or whether the Issur piece was the one that was hot or the one that was cold. So long as the bottom piece was cold and the top was hot only a Kelipa is required in all circumstances.[107] This law applies even if the Issur was fatty and nevertheless only a Kelipa is required.[108]

B. The bottom is a hot Keli Rishon liquid[109] [irrelevant if the top is hot or cold]:[110]

Example: What is the law if an Issur fell into a hot stew, soup, or chulent, or vice versa if a Heter piece fell into a pot of hot Issur food?

The Law: In such a case the Kosher food requires 60x the Issur. This applies whether or not the Issur was on top or on bottom, and whether or not the Issur was cold or hot. In all cases that the bottom was hot irrelevant of whether or not the top was hot or cold, 60x is required.[111]

C. The bottom is a hot solid without liquid [irrelevant to if the top is hot or cold]:[112]

In a case that the hot bottom piece does not contain liquid there is limited ability for the Issur taste to travel between the pieces.[113] This matter depends on a number of factors. Are any of the pieces fatty? Is the Issur an intrinsic Issur [Machmas Atzmo] or an absorbed Issur [Issur Balua]? This Halacha will be split into these two scenarios.

Definition of no liquid:[114] Any food which was cooked without liquid, or was baked or roasted is defined to be without liquid even if it dissipates some of its own gravy.

Scenario A: Issur Machmas Atzmo:

Example: A piece of Kosher meat falls on top of a hot Keli Rishon piece of Niveila roast that does not contain liquid.

• Michaber: Both the Heter and Issur are lean:[115] If both the Issur and Heter are lean [non-fatty] then one is only required to remove Kdei Netila [the thickness of a fingers worth] from the area of contact. Thus in the above example if both pieces of meat are lean one is required to remove a Netila worth from the Kosher piece in its area of contact.If one of the pieces are fatty:[116] If either the Issur or Heter piece is fatty then the Issur taste penetrates the entire Heter, and thus the entire Heter piece becomes forbidden unless it contains 60x the Issur. This applies irrelevant of which piece [i.e. Issur or Heter] was on bottom and which was on top, as so long as the bottom piece was hot, 60x is required in the Heter when one of the pieces are fatty.[117] [This follows the ruling of the Michaber as rules the Tur. However the Taz[118] argues on the Michaber and rules that whenever the Issur piece is lean, then even if the Heter piece is fatty, one only requires Netila, as the Issur taste does not penetrate past a Netila worth if it itself is not fatty.[119] The Shach[120] supports the ruling of the Michaber that by an intrinsic Issur a fatty Heter has ability to pass the lean Issur taste to the entire Heter. Practically the Peri Chadash[121] rules like the Taz while other Poskim[122] rule like the Michaber and Shach. The Peri Megadim[123] concludes that one is to be stringent like the Michaber to completely forbid the Heter. Admur in Shulchan Aruch Harav[124] rules like the Michaber and Shach unlike the ruling of the Taz.]

  The requirement to remove a Netila worth from the Heter even if it contains 60x:[125] If one knows the exact area of where the Issur piece touched the Heter piece, then in addition to requiring 60x when one of the pieces are fatty[126] one must also remove a fingers worth from that area of contact.[127] If however one does not know in which area the Issur touched the Heter then 60x suffices. [This follows the ruling of the Michaber and Rama. However other Poskim[128] rule that in all cases that 60x is required one is not also required to remove a Netila worth from the Heter, and one who does “is a fool walking in darkness”. However if both the Heter and Issur are lean everyone agrees that one is required to remove Netila even if the Heter contains 60x the Issur. Practically many renowned Poskim[129] rule like the Michaber that whenever the piece is fatty Netila is required in addition to 60x[130] and so is the final ruling.[131]]

   

• Rama:[132]There are opinions which say that we are no longer experts to determine which foods are considered lean and which are considered fatty. Therefore we always require 60x within the Heter in a case that the bottom piece was hot. Furthermore even if the Heter contains 60x one must also remove a Netila worth from the area that the Issur touched the Heter.The final ruling of Rama: The custom is like this stringent opinion to give all foods a fatty status and require 60x. However this is only with regards to foods which may contain fat, such as Cheilev and other fatty substance foods[133]. However foods[134] which never contain fat and are thus certainly lean, then one is only required to remove a Netila worth from the Heter [if the bottom was hot]. [The Shach[135] however rules that this only applies by a Rabbinical prohibition however by a Biblical prohibition the Heter always requires 60x even if both the Issur and Heter are certainly lean.[136]]

   

• Taz:[137]The Taz rules like the Rama that we do not differentiate between lean and fatty pieces of meat and thus in all cases 60x is required. 

  Final Ruling:

  Whenever a Heter and intrinsic Issur fall on top of each other and the bottom piece is hot, then if any of the pieces contain some fat one is required to measure 60x within the Heter and remove a Netila worth from it.

   

  Summary of opinions regarding if the Heter is fatty and the Issur is lean:

  • Michaber; Shach; Admur:The fat of the Heter enters the Issur and causes the Issur taste to spread throughout the entire Heter. 
  • Taz; Peri Chadash:

The Issur taste cannot spread more than a Netila worth if it is not fatty.

Scenario B: Issur Balua:[138]

Example: A piece of Kosher meat absorbed Issur gravy and became forbidden. This piece of meat then fell onto a hot Kosher potato. What is the law of the potato? The answer to this question depends on whether the original Issur which became absorbed into the meat was a fatty substance or not.

The law if the Issur was lean:[139] If the piece of meat absorbed a lean Issur [such as in the example if the Issur gravy was lean] then the Heter remains completely permitted even if the bottom is hot, so long as there is no liquid involved.[140] [One is not even required to remove a Kelipa from the Heter.[141] Furthermore, this law applies even if the meat itself which absorbed the lean Issur is fatty.[142] This law applies even if a piece absorbed an Issur Mashehu, such as a piece absorbed Chameitz taste and then fell on another piece without gravy.[143] This law applies in all cases whether the absorbed Issur fell onto a hot Heter or was roasted or salted together, so long as there is no liquid involved.[144]]

The law if the Issur was fatty:[145] If the original piece of meat had absorbed a fatty Issur and then fell onto a Kosher piece [or vice versa that a Kosher piece fell onto this absorbed Issur], then if the bottom piece is hot the absorbed Issur taste dissipates and becomes absorbed within the Heter [and the entire Heter is forbidden unless it contains 60x[146]]. [However if the bottom piece is cold then the Heter is completely permitted and even a Kelipa is not required to be removed.[147]]

Does the above ruling apply even according to our custom which does not differentiate between fatty and lean?[148] Yes. Regarding a case of Issur Balua even the Rama agrees that we do differentiate between lean and fatty, and hence if a Heter became forbidden due to absorbing a lean Issur it cannot prohibit another piece without liquid involved.

The rule by a vessel that absorbed Issur: See Halacha G!

The law of Basar Bechalav-Is it considered an absorbed Issur or an Issur Machmas Atzmo?

The Michaber[149] writes that Basar Bechalav is considered an Issur Machmas Atzmo. It is however unclear from the Michaber if the case refers to a piece of meat which had already become forbidden due to absorbing hot milk and thus if that piece came in to contact with a Kosher piece it follows the rule of Issur Machmas Atzmo [Scenario A]. Or alternatively the Michaber only refers to a case that a piece of meat touched a piece of cheese in which case it follows the rules of Machmas Atzmo [Scenario A] however a piece which already became forbidden due to absorbing milk would have a status of Issur Balua [Scenario B] . This matter is disputed amongst the Rishonim and Poskim.

• Shach:[150]The Shach rules that even in the former case, when a piece has become forbidden due to Basar Bechalav [such as hot meat absorbed hot cheese] the piece has a status of Issur Machmas Atzmo and thus if this piece comes into contact with a Heter and the bottom is hot one requires 60x if one of the pieces are fatty. If however neither pieces are fatty then even according to the Rama one only requires Kdei Netila.[151]  
• Taz:[152]

The Taz rules that one must explain the Michaber to be referring to a case that meat touched cheese and in such a case it has the same status as Machmas Atzmo[153]. However that piece of meat which became forbidden due to absorbing hot cheese has a status of Issur Balua[154], and thus if it comes into contact with Heter, the Heter does not require 60x or even a Kelipa, even if the bottom is hot and even if the meat is fatty[155], unless there is liquid.

If a food absorbed meat and was then mixed with a Ben Yomo milk spoon what is the law?[156]

The food requires 60x and the spoon is forbidden as we view the food that absorbed meat as if it is like actual meat.[157]

Is blood considered a fatty substance?

Blood is not considered a fatty substance.[158] Hence if blood became absorbed into a Heter and that Heter then fell on a hot Kosher food, the food remains permitted.[159]

The law of meat which has not been salted for its blood-is it considered an absorbed Issur or an intrinsic Issur?

• Shach:[160]The above refers to a food that absorbed external blood and then fell onto a Heter. However raw meat which was not yet salted and hence still contains its own blood, has the status of Issur Machmas Atzmo.[161] Thus if it is roasted or salted together with Heter one requires 60x.[162] Nevertheless the Heter piece that now has become forbidden has the status of Balua and thus it does not forbid another Heter even if the bottom is hot. 
• Rashal; Taz:[163]

Even meat which has not been salted and still contains its own blood is defined as an Issur Balua and hence being that blood is lean it cannot prohibit a Heter unless there is gravy involved.

Is milk considered a fatty substance?[164]

Many learn from the Michaber that milk is not considered a fatty substance.[165] However the Taz[166] questions this ruling stating that from other Halachas[167] it is implied that it is considered a fatty substance. The Taz concludes that this matter requires further analysis.

D. The law if an Issur piece was roasted together with many pieces of Heter or fell onto many pieces of hot Heter:

The Heter which directly touched the Issur receives the law of Scenario A. All the other pieces of Heter which touch that Heter have the status of Scenario B [Issur Balua]. In a case that the Issur is fatty some say all the Heter joins to nullify the Issur in 60x.[168]

E. Issur fell onto a piece of hot meat that is inside hot gravy:[169]

The previous laws discussed a scenario in which the bottom hot food was a liquid [Case B] and a scenario that the bottom hot food was a solid [Case C]. At present the scenario of a bottom food that is a solid but is inside a pot that contains liquid will be discussed. What is the law if an Issur contacted this hot solid food while it was inside the pot, partially submerged within the liquid? Do we apply the liquid ruling which requires 60x in the Heter. Or do we apply the law of a solid together with all its disputes and scenarios.

The law: If the Heter was partially submerged within the liquid when the Issur fell on it, it is a dispute between Rashi and Riy regarding whether we consider the Issur to have fallen within the entire pot or we considered it to have fallen only on the actual piece. According to Rashi it is considered as if the Issur fell only onto that piece and hence it has the law of case C. According to the Riy it is considered as if it fell into the liquid and has the law of case B. [Regarding the final ruling, in 92/2 the Michaber rules like Rashi while the Rama is stringent like both opinions. See “A Semicha Aid for Learning The Laws of Basar Bechalav” Chapter 92 Halacha 2B]

The law if the food was completely out of the gravy: If the food was laying on top of another food that was partially out of the gravy, and hence this food is completely out of the gravy and an Issur fell on top of it, then it has the same law as case C in which there is a difference in ruling between the Michaber/Rama and Balua/Machmas Atzmo.

The law in any of the above cases if one mixed the pot right away or covered it: If one covered the pot or mixed the pot as soon as the Issur fell inside then one requires 60x versus the Issur in the entire pot of food irrelevant of whether the Heter was completely out of the gravy or partially submerged. The reason for this is because the mixing or covering of the pot spreads the taste of the Issur throughout the entire Heter. If there is 60x then all the food is permitted.[170]

Summary:

If one mixed the pot or covered it right away it is always considered as if the Issur fell into the liquid. If one did not do so then if the piece was completely out of the gravy, it has the same law as case C. If it was partially in the gravy it is a dispute as to whether it has a law of Case B or C.

F. Issur and Heter touched side by side:[171]

Example: What is the law if a hot Issur contacted a hot Heter from its side [as opposed to its top or bottom].

Both pieces are hot: If both the Heter and Issur piece are hot and are defined as a Keli Rishon then the Heter is forbidden unless it contains 60x the Issur.[172] 

One piece is cold: If one of the pieces were cold while the other was hot

• Rama:If one of the pieces were cold while the other was hot, then one is to merely remove a peel’s worth from the Heter in the area of contact. This applies irrelevant if the Heter piece was hot and the Issur piece was cold or vice versa, if the Heter piece was cold and the Issur piece was hot, either way a Kelipa is required.  
• Rashal:[173]The Rashal rules that if the Issur is hot and the Heter is cold then the Heter piece is completely forbidden unless it contains 60x. However if the Issur is cold while the Heter is hot then only a Kelipa is required.[174]  

Taz:[175]

The Taz concludes one is to be stringent like the Rashal that if the Heter piece was cold it requires 60x. Although in a case of great loss he allows one to be lenient.

Hot meat touches cheese or vice versa:[176] If hot meat of a Keli Rishon touches cold cheese from the side, a Kelipa is to be removed from the area of contact of both[177] the meat and cheese. [However according to the ruling of the Rashal and Taz the entire cold piece is forbidden while the hot piece requires the removal of a Kelipa from the area of contact.[178] If both the meat and cheese were hot then both pieces are completely forbidden.]

Summary:

If both the Heter and Issur are a hot Keli Rishon then the Heter requires 60x. If the Heter was hot and the Issur was cold a Kelipa is to be removed from the Heter. If the Issur was hot and the Heter was cold it is disputed[179] whether the Heter is completely forbidden or merely requires a Kelipa. 

G. Does the rule of Tata Gavar apply by vessels?[180]

In the previous Halachas we stated the difference in law regarding if the bottom piece is hot or cold in a case that an Issur and Heter contact each other. Does this difference also apply by vessels as can take place in the following scenarios.

Examples: There are various cases in which this law could be applicable:

1. What is the law if a piece of cold Issur fell onto a hot kosher vessel?
2. What is the law if a piece of hot Issur fell onto a cold kosher vessel?
3. What is the law if a cold Heter falls onto a hot Issur vessel?
4. What is the law if a hot Heter falls onto a cold Issur vessel?

The Law: The law on this matter is subject to dispute:

• Rama:[181]Same law as food: Vessels have the same law as food regarding the rule of Tatah Gavar. [Thus if hot Issur fell onto a cold Heter plate (i.e. example 2), the plate requires a Kelipa. If hot Heter fell onto a cold Ben Yomo Issur plate (i.e. example 4) the Heter requires a Kelipa. The Rama does not specify what the law is if the vessel itself is hot and thus it appears that he holds that whenever the vessel is hot the Heter is forbidden {whether the Heter is the food (example 3) or the vessel (example 1)} unless there is 60x.[182] However see Shach below which limits this to only if the food contained liquid or the Issur was a fatty substance. Otherwise even when the vessel is hot it only has the ability to forbid a Kelipa worth of the food.] 
• Rashal:[183]Heter always requires 60x: The Rashal argues on the Rama and rules that the rule of Tatah Gavar does not apply by vessels.[184] Thus even if the vessel is cold everything is forbidden if the piece that fell on it was hot [whether the piece is the Issur and the vessel the Heter, or the vessel is the Issur and the piece is the Heter]. Hence according to the Rashal in all four scenarios mentioned above, the Heter, whether it be a food or a plate, is completely forbidden. [The Shach[185] however establishes this Rashal to be referring to a case that the food is slightly moist, or if the Issur is fatty, otherwise everyone would agree only a Kelipa is required.] 
• Shach:[186]

Rules like Rama: The Shach[187] argues on the opinion of Rashal and sides like the Rama that the rule of Tatah Gavar applies equally to vessels. Thus whenever the vessel is cold [examples 2 and 4] only a Kelipa is required from the Heter. Regarding however a case that the plate is hot [examples 1 and 3] the Shach[188] depends the law on the following details:

If the food that fell onto the hot Issur vessel is completely dry and the Issur is lean[189] then although we apply the rule of Tatah Gavar by vessels, nevertheless only a Kelipa is required of the Heter.[190] If however the food is slightly moist or the Issur is fatty then the Heter requires 60x.[191] Thus in example 1 if the Issur is moist or fatty the vessel is forbidden. In example 3 if the Heter is moist or the vessel absorbed from a fatty Issur the Heter requires 60x. Regarding these laws, even according to the Rama, we do differentiate between a lean and fatty Issur.

The reason that an Issur vessel has ability to prohibit a kosher food, despite it being an Issur Balua:

Earlier it was ruled that an Issur Balua is unable to transfer taste without liquid unless the Issur is fatty, and hence if an Issur Balua fell onto a hot Heter everything remains permitted. Nevertheless this only applies by an Issur that is absorbed within a food. However an Issur that is absorbed within a vessel, even though this vessel is only an Issur Balua, nonetheless its taste is able to travel fully into the Heter even if the Issur is lean.[192] The reason for this is because by a food since it has its own taste to dissipate we say that an absorbed Issur will not dissipate unless the Issur itself is fatty. However a vessel which does not have any of its own taste to dissipate is able to give off the absorbed Issur taste just like an Issur Machmas Atzmo.[193]

The law if a Kosher Vessel contacts an Issur vessel:[194]

If a hot Heter vessel and Issur vessel touched then if there is no liquid within their area of touch the Heter vessel remains permitted, as without liquid an absorbed taste can only pass from a vessel into food and not from a vessel into a vessel. [Nevertheless it is initially forbidden to allow these two vessels to touch each other even if there is no liquid involved.[195]]

The law if an absorbed Issur food contacts a Kosher vessel?[196]

In such a case the law has the same ruling as an Issur Balua [Scenario B] and thus if the absorbed Issur is lean and there is no liquid involved the vessel remains permitted. [If however the absorbed Issur is fatty then it is subject to the above dispute in whether we say Tatah Gavar by vessels or not.]

H. Examples of Tatah Gavar brought in Michaber:

Cooked thigh together with its fat of the sciatic nerve:[197] According to the Michaber [which differentiates between fatty and lean] if one roasted a thigh of an animal together with its sciatic nerve one must remove a Netila[198] worth from the area that surrounds [the fat] of the sciatic nerve.[199] The reason for why one does not require 60x is because a thigh is considered lean and thus the Issur [fat] of the sciatic nerve does not have ability to forbid the meat more than a fingers worth. [However according to the Rama and other Poskim that do not differentiate between fatty and lean, one requires 60x within the thigh versus the fat of the sciatic nerve.[200]]

One roasted a whole goat with its forbidden fats:[201] According to all opinions if one roasted a fatty animal whole together with its forbidden fats one requires 60x in the animal versus the fat. If one does not have 60x it is forbidden to eat from any part of the animal, including its ear lobe.[202] If however the animal is lean then it is subject to the dispute between Michaber and Rama mentioned in case C.

The law of a Kidney that was roasted with its forbidden fat:[203]

• Michaber: If a kidney was roasted without removing its forbidden fat one only needs to remove a peels worth from the kidney, as the membrane of the kidney prevents the fatty taste from fully penetrating into the kidney. 
• Rama:

There are opinions which forbid the entire kidney[204], and so is the custom. One may not swerve from this custom and it has the same law as all Cheilev that is roasted with its meat.

If one cooked a kidney with its fat together with other foods:[205] If one cooked the kidney together with its fat [or with its membrane[206]] within a pot of other foods the kidney becomes completely forbidden and one hence requires 60x versus the entire kidney.[207] This same law applies regarding the membrane that is on the Yoseres that if it was cooked together the entire piece becomes forbidden.

I. The law in all the above cases if the hot food is a Keli Sheiyni:

The details of this law were already elaborated in length in the previous Halacha [Halacha 2]. Below will include a short summary in relevance to the cases of Tatah Gavar that were discussed above. 

Example: If a piece of cold Issur fell into a hot soup that was poured into a serving bowl [i.e. Keli Sheiyni] what is the law of the soup? If a hot Issur that was removed from the fire and placed on a plate then fell into a cold soup what is the law?

The Law:[208] According to the [Michaber] and Rama all the above cases of Tatah Gavar are dealing with foods that are hot and defined as a Keli Rishon. However any food which is defined as a Keli Sheiyni, in their opinion, does not have the ability to transfer taste and prohibit a food even if it is very hot. [However other Poskim rule that even a hot Keli Sheiny is able to transfer Issur taste as explained in Halacha 2 above.] Thus in the above examples according to the [Michaber] and Rama the Heter is permitted and merely requires to be rinsed. [According to other opinions a peel must be removed from the Heter, while some even require 60x as was explained in the previous Halacha.]

The law of a Davar Gush in a Keli Sheiyni: If in the above cases a hot solid food was placed in a Keli Sheiyni or Shelishi it is disputed whether it retains the ability to cook. Refer to the laws of a Davar Gush elaborated on in the end of the previous Halacha [Halacha 2].

Final Summary of Tatah Gavar

A. Bottom cold top hot:

If an Issur and Heter fell on top of each other and the bottom piece is cold then if the Issur is Machmas Atzmo one is required to remove a Kelipa from the Heter. If the Issur is Balua then the Heter remains completely permitted, irrelevant of whether the absorbed Issur is fatty or lean. This rule applies irrelevant if whether there is liquid involved or not.

B. Bottom hot:

If an Issur and Heter fell on top of each other and the bottom piece is hot then the ruling depends on the following factors. Is there liquid involved? Is the Issur Machmas Atzmo or absorbed? Is the Issur fatty or lean?

With liquid: If there is liquid involved then 60x is required in all cases whether the Issur is absorbed or Machmas Atzmo and whether the Issur is fatty or lean.

No liquid: If there is no liquid involved then if the Issur is an Issur Machmas Atzmo, then if the Issur is fatty 60x is required according to all. Likewise even if there is 60x, a Netila worth is to be removed from the area of contact. If the Issur is lean but the Heter is fatty then is dispute between Michaber/Taz. If both the Heter and Issur are lean then according to the Michaber only Netila is required, while according to the Rama we require 60x and Netila being we are no longer expert in the definition of fatty. 

What is the law if one cooked a chicken together with a liver that was placed in a plastic bag?[209]

The chicken together with all the other food in the pot requires 60x versus the liver. If the chicken was fried in a pot together with the liver and the liquid did not reach the liver that that was in the plastic bag then one is to remove a Netila worth from the chicken.[210]   

4. Pouring Heter into Issur:[211]

Example: May one pour oil from a kettle onto a lit candle made of Cheilev?

Pouring cold Heter into hot Issur: It is forbidden to pour from a Kosher vessel which contains food onto a vessel which contains a hot Issur.[212] Thus in the above example it is forbidden to pour oil onto a lit candle of Cheilev.

The Reason: The reason for this is because the vapor of the hot Issur becomes absorbed within the food that is in the Kosher vessel.[213] Alternatively the reason is because the stream of the Kosher food connects with the Issur food and we apply the rule of Tatah Gavar.[214] [However the Peri Megadim[215] writes that these two reasons are really one and the same, as the vapor is able to travel due to the connected stream. Likewise Admur upon recording this ruling connects the two reasons into one.[216]]

The law if Bedieved one poured onto Issur: If one transgressed and poured from a cold Kosher food onto a hot Issur food, the food that remains in the Kosher vessel and the vessel itself remains permitted.[217] [However some Poskim[218] rule that this applies only in the example given by the Rama which is discussing an Issur candle, as a small flame does not give off much Issur. However if one poured Heter into an actual Issur food which is hot then even Bedieved the food that remains in the pot is forbidden, [as rules the Rama in 92/8] as the hot steam of the Issur penetrates into the Heter. If however one poured from a distance in a way that the steam is no longer Yad Soledes by the time it touches the Heter, then according to all Bedieved the remaining food is permitted.[219] If however the upper Heter food itself is Yad Soledes some write the steam has the ability to prohibit the food even if the steam itself is no longer Yad Soledes.[220]]

Summary:

One may not initially pour from a Heter vessel onto a hot Issur. However Bedieved if one did so the vessel and food that remained in it are permitted.

Q&A

May one pour hot Heter onto hot Issur?[221]

Some Poskim[222] rule that if both the Heter and Issur are hot it is permitted even initially to pour one into the other. Others[223] however are stringent even in such a case. [According to all however the upper pot may not be close enough to the lower pot that it receives vapor that is Yad Soledes.[224]]

May one pour hot Heter onto cold Issur?

This matter requires further analysis.[225]

May one pour hot Parev food from a dairy pot into a meat vessel?

Lechatchilah one is not to do so[226] and in certain cases the food and lower vessel is forbidden even Bedieved[227]. [See “A Semicha Aid for Basar Bechalav” chapter 95 Halacha 1 and 7!]

May one pour hot water from a Parev kettle onto meat or milk, such as pouring from the urn onto milk or onto chulent? If one did so does the urn remain Parev?

Regarding if this may initially be done is dependent on the above mentioned dispute if one may pour hot onto hot. Nevertheless Bedieved the vessel remains Parev.

On Pesach may one use vessels that were used to pour hot water onto Chameitz or Chameitz dishes?[228]

No. Such vessels are not to be used unless they are Kashered. However Bedieved if one used them the food is permitted.

Salting Issur with Heter

5. Issur salted with Heter:[229]

The following Halacha will discuss the law regarding if a cold Issur came into contact with a Heter and one or both were salted. Salt creates heat and heat causes transference of taste from one food to another. The ruling of this case is dependent on various factors:

1. How much salt was placed on the piece and how long has it remained in the salt?
2. Are both pieces salted or only the Heter or only the Issur?
3. Which piece is on top and which on bottom?

Definition of Salted

A. How much salt must be placed onto the food for it to be considered hot?

• Michaber:[230] The food must be salted to the point it is inedible for it to be defined as hot.[231] If there is not enough salt placed on the food to consider it inedible, it is considered cold. 
• Rama:[232]

We are no longer expert in this matter and thus even if it has only been slightly salted we consider it hot, unless it is a case of great loss. [Refer to “A Semicha Aid for Learning the Laws of Basar Bechalav” Chapter 91 Halacha 10 for a full overview of this subject!]

B. How long must the salt remain on the meat for it to be considered hot?

This matter is subject to dispute between the Michaber, Rama, Shach and other Achronim. Refer to “A Semicha Aid for Learning the Laws of Basar Bechalav” Chapter 91 Halacha 10 for a full overview of this subject!

Different scenarios of contact with salted Issur and Heter

Important note:

In all the cases to follow a salted item refers to a food that is Halachicly defined as hot due to its salt, as explained in the previous law. An unsalted item refers to an item that contains no salt, or not enough salt to be defined as hot.

A. The law if an unsalted Issur touched a salted Heter:[233]

• Michaber:[234] In a case that the Heter is salted while the Issur is unsalted and they came into contact with each other the Heter remains permitted and merely requires to be rinsed off.[235] [This applies even if the pieces are fatty.[236]] Ruling of Michaber in 70/3: In chapter 70/3 the Michaber writes there are opinions[237] which prohibit [a Kelipa[238] worth of] the salted Kosher meat if it came into contact with the Issur piece even if the Issur piece was not salted.[239] If however the pieces were not touching each other, then even if they were near enough to each other to the point that the gravy of the Kosher piece reached the Issur nevertheless the piece remains permitted [and in such a case the Kosher piece is not even required to be washed off[240]]. [Practically the main opinion of the Michaber is like the first opinion that even if the pieces are touching each other the piece remains kosher.[241]]

   

• Rama:[242] There are those which forbid the Heter [completely, and so is to be ones custom]. However in a case of [great[243]] loss one may be lenient.  
• Final Ruling:[244]

Many Poskim conclude one may be lenient like the ruling of the Michaber, and so is implied to be the opinion of Shulchan Aruch Harav[245].

B. The law if a salted Issur touched a Heter:[246]

• Michaber:[247]Issur is lean and Heter is also lean: If a salted Issur touched a Heter then if both the Issur and Heter do not contain fat at all, the Heter only requires the removal of a Kelipa. [This applies whether the Issur is on top or on bottom and whether or not the Heter is also salted.[248]] If the Issur has lean fat then the Heter requires a Netila removal. Issur is fatty and both the Heter and Issur are salted: If the Issur is fatty and both the Issur and Heter are salted the Heter requires 60x versus the Issur and in addition one must remove a Netila worth from the area of contact.[249] This applies irrelevant if whether the Heter is fatty or lean.

  Issur is fatty and salted but Heter is not salted:[250] If the salted Issur is fatty and the Heter is not salted then we follow the rule of Tata Gavar, irrelevant of whether the Heter is fatty or lean.[251] Thus if the salted Issur is on bottom one requires 60x within the Heter and in addition one must remove a Netila worth from the area of contact.[252] If the unsalted Heter is on the bottom then one only requires Kelipa.

  Issur is lean but Heter is fatty:[253] If the salted Issur is lean and the Heter is fatty then if the Heter is not salted the Heter only requires the removal of a Kelipa even if the Issur is on bottom.[254] If the Heter is also salted then if the Heter is fatty one requires 60x in the Heter and in addition one must remove a Netila worth from the area of contact.[255] [This follows the ruling of the Tur and Michaber. However the Rashal[256] rules that (those which differentiate between lean and fatty by salting should rule that[257]) whenever the Issur is lean only a Kelipa is required even if the Heter is fatty and both are salted.[258] Nevertheless the Rashal himself rules that there is no difference between a lean and fatty Issur by salting and even a lean Issur requires 60x.[259] Admur in Shulchan Aruch Harav[260] brings both the opinion of the Michaber and of the Rashal and concludes that one may be lenient in a case of great loss that involves Simchas Yom Tov.[261]]

   

• Rama:

Introduction: The Rama brings opinions which argue on various points in the ruling of the Michaber. On the one hand he brings a lenient opinion that rules even a salted fatty Issur cannot prohibit more than a peels worth of Heter. On the other hand he brings a stringent opinion that rules if the Issur is fatty it always completely prohibits the Heter [unless there is 60x] even if the Heter is not salted and is on the bottom. As well the Rama is stringent to consider all fat containing Issurim as fatty. On the other hand the Rama is lenient to only require a Kelipa removal when there is 60x, unlike the Michaber which required a Netila removal.

The lenient opinion-Only need Kelipa: There are opinions[262] which say that a cold salted Issur never has the ability to prohibit past a peels worth of the Heter [even if the Issur is fatty[263]]. [Thus according to them in all cases that a Heter touches a salted Issur the Heter only requires a peels worth removed, whether the Issur is fatty or lean, whether it is on top or on bottom, whether the Heter is also salted or not.]

The final ruling of Rama: [The Rama rules that the main opinion follows the opinion brought by the Michaber that a salted Issur which is fatty penetrates its taste entirely into the Heter and 60x is required.[264]] Thus being that we are no longer expert to differentiate between lean and fatty foods we therefore measure 60x in every case that a salted Issur [even Rabbinical[265]] has touched Heter, just like by cooking. In addition one is to remove a Kelipa worth from the area of contact. However if the Issur is in truth lean one may be lenient in a case of great loss to only remove a peels worth from the Heter and not require 60x.[266] [By a Rabbinical Issur one may be lenient even by a small loss if in truth the Issur is lean.[267]]

The law by a completely lean Issur: The above stringency only applies if the Issur is a food that contains some level of fat, such as Tzir [and blood[268]] and Cheilev and cases of the like. However an Issur[269] which does not contain any fat at all such as Chameitz on Pesach then according to all[270] if the Issur is salted it can only prohibit a peels worth of the Heter. [However there are Poskim[271] which hold that even salted Chameitz requires 60x. Furthermore the custom is to be stringent by all Biblical Issurim and require 60x even if the Issur is completely lean. However by Rabbinical Issurim one may be lenient.[272]]

Tata Gavar according to Rama:[273] [The Rama writes that] there are those opinions[274] which [argue on the ruling of the Michaber and] say that we do not apply the rule of Tata Gavar by Melicha. Thus according to them even if the unsalted Heter was on bottom and Issur on top we require 60x in the Heter.[275] [The Rama concludes] the custom is to be stringent like this opinion.

Final summary of ruling of Rama: The custom is to always measure 60x by Melicha, whether or not the salted food is on top or bottom[276], whether or not the Issur is lean or fatty[277]. However this only applies if the Issur is a food that can contain fat. However an Issur which cannot contain fat at all then [by a Rabbinical Issur] Melicha can only prohibit a peels worth. Furthermore if the Issur is in truth lean one may be lenient [even by a Biblical Issur] in a case of great loss to only remove a peels worth. [If however the Heter is fatty and is also salted then there is a dispute whether the Heter transfers the fat to the Issur and causes the Issur to also be considered fatty.[278]]

• Rashal:[279]

According to the Rashal all roasted and salted foods have the same law as a cooked food. Hence one always requires 60x, whether the Issur is fatty or completely lean. Furthermore by roasting and salting one must also remove a Netila worth from the Heter even if it contains 60x.

C. Example-Salted limb with its forbidden fat:[280]

One salted meat together with the fat of the sciatic nerve: The fat of the sciatic nerve is considered lean.[281] Some[282] learn in the Michaber that if one salted a limb together with this fat one is only required to remove a peels worth[283] from the area of contact. Others[284] learn in the Michaber that one must remove a Netila worth from the Heter.[285] [According to the Rama one needs to measure 60x unless it is a case of slight loss.[286]]

Salted with Issur membranes[287]: If the Heter is not fatty then according to the Michaber one must only remove a Netila worth from the Heter.[288] If the Heter is fatty then one requires 60x in addition to removing a Netila worth. According to the Rama one needs to always measure 60x even if the Heter and Issur are both lean, unless it is a case of great loss.[289]

Salted with actual Issur Cheilev: [If the fat is Biblically forbidden[290]] then one requires 60x within the Heter [and must also remove a Netila worth from the Heter].

The law in the above cases if the Heter meat of the limb was fatty: Then besides for requiring 60x within the Heter one also needs to remove a Netila worth from the area of contact or at the very least a peels worth. [However this only applies if both Issur and Heter were salted. If only the Issur was salted then one only requires Kelipa or Netila as stated above.[291]]

D. Salted Issur together with many pieces of Heter:[292]

Fatty Issur/Heter:

The Case: One salted many pieces of Heter together with a single piece of fatty Issur. [The next case will discuss the law of a non-fatty Issur.] The law of the piece that was attached to the Issur or that was touching the Issur[293] has already been discussed above. The following will discuss the law of the remaining pieces in the mixture that were salted in the same vessel as the Issur.

• Michaber:

If the other pieces touched the Issur[294] and the Issur was fatty then one requires 60x against the Issur within each piece of Heter [and in addition one must remove a Netila worth from the area of contact[295]]. Any piece of Heter which does not have 60x is forbidden. If one is unsure whether a particular piece touched the Issur we assume that Issur has made contact with the piece and 60x is required [although one does not need to remove Netila[296]]. Thus 60x is required in all cases unless one knows for certain that the Issur did not touch a particular piece.

The reason: The reason why we require 60x in each piece [as opposed to 60x within all the pieces together[297]] is because without liquid an Issur does not fully spread into all the pieces.[298] [For this reason we are also lenient to say that if we know for certain the Issur did not touch a particular piece, that piece is permitted without 60x.[299] The Taz[300] however questions this ruling as earlier the Michaber[301] ruled that a piece which absorbed a fatty Issur has the ability to spread the taste of an Issur throughout any hot Heter which it falls on, thus here too the Michaber should have ruled that the fatty Issur fully spreads to all the pieces, even to the pieces that the Issur did not directly touch.[302] Thus the ruling here should be that if all the pieces together contain 60x versus the Heter everything is permitted and if not everything is forbidden. The Taz leaves this matter in question. However the Shach[303] explains simply that it is only a stringency to suspect that a fatty Issur has the ability to spread its taste to other pieces without liquid. Thus we cannot use this stringency that we suspect for to be lenient and allow all the Heter to join to have 60x versus the Issur.[304] Others[305] answer this contradiction by saying that earlier the Michaber discussed a case of roasting Issur with Heter in which case fat spreads to all the pieces, while here the case discusses salting them together in which case fat does not spread unless it touches the Heter.[306]]

If one knows that the Issur only contacted one piece but one does not know which piece: If one knows the salted fatty Issur touched only one of the pieces of Heter but is unaware of which piece it touched, then all the Heter pieces remain permitted as the Heter piece which absorbed the Issur is nullified in a ratio 2:1. This applies even if the Heter pieces are Charal [being that Charal only applies by Issur Machmas Atzmo as opposed to Issur Balua.[307]] [However this law that the Heter which absorbed the Issur taste is nullified in 1:2 only applies if all the Heter pieces together contain 60x the Issur. If however they do not contain 60x the Issur the mixture is forbidden.[308]]

• Rama:

Introduction: The Rama argues on the ruling of the Michaber on various points. On the one hand the Rama is stringent to require 60x even by a lean Issur, and even in pieces that did not touch the Issur. On the other hand the Rama is lenient to allow all the Heter to join to have 60x versus the Issur, and does not require 60x in each piece individually as requires the Michaber.

Entire Heter joins to have 60x: [If any of the pieces touched the Issur[309]] then whether the Issur is fatty or lean one requires 60x within all the Heter versus the Issur. If the entire Heter together contains 60x versus the Issur, all the Heter remains permitted even if they do not individually contain 60x versus the Issur.[310] If the combined Heter does not contain 60x then the entire mixture is forbidden. Practically this is the custom and one may not swerve from it.

Removing a Kelipa: even in such a case that the Heter contains 60x, all the pieces that touched the Issur require a Kelipa removed [from their area of contact[311]]. If however one does not know which of the pieces touched the Issur then if there is 60x versus the Issur everything is permitted without requiring a Kelipa. [This statement of the Rama means to say that if one knows for certain that only a minority of the pieces touched the Issur, then if there is 60x versus the Issur even a Kelipa is not required, as the pieces that touched the Issur are nullified in majority of pieces that did not touch the Issur.[312] If however majority of the pieces touched the Issur and one does not know which one, then all the pieces require a Kelipa due to doubt.[313] If however one knows that all the pieces touched the Issur but does not know where on the piece contact was made, then some say Kelipa is not required from any of the pieces.[314]]

If the Issur was attached to one of the Heter pieces: In a case that the Issur was attached to one of the Heter pieces, such as a piece of meat that contained Issur Cheilev was salted with other Heter meat, then that piece which the Cheilev is attached to is forbidden [unless it has 60x]. In such a case the combined Heter requires 60x versus the entire piece and not merely versus the Cheilev. If there is 60x versus the entire piece then everything remains permitted except for the piece that was attached to the Cheilev. [This follows the ruling of the Rama. The Taz[315] however wondrously explains in the Rama that in such a case even the piece that is attached to the Cheilev becomes permitted. This directly contradicts the explicit words of the Rama. The Peri Megadim[316] explains the Taz to mean that in a case of great loss if there is a total of 60x of Heter we permit even the attached piece. Alternatively the Taz means to say that if they were all salted simultaneously we do not apply the rule of Chanan Issur Davuk, and hence the attached piece helps join to nullify the Issur in 60x.]

Lean Issur/Heter:

According to the Michaber if the Issur and Heter is lean then one only requires a Kelipa from those pieces which touched the Issur.

According to the Rama there is no difference in ruling regarding a lean or fatty Issur and in all cases the entire mixture requires 60x the Issur. [This however is with exception to a case of great loss, or by an Issur that contains no fat at all in which case we are lenient to rule only a Kelipa is required.]

Salted Issur Balua touched Heter:

It can be inferred from the Michaber[317] [105/9] that Issur Balua does not spread into another piece even if they are both salted and the Issur is fatty. However according to the Rama[318] an Issur Balua does have the ability to spread taste, through salt just like an intrinsic Issur.

Final Summary and Final Ruling:

• Michaber:If a Halachicly defined salted Issur touched a Heter one only requires 60x and the removal of a Netila if all the following conditions are fulfilled:
  1. One of the pieces is fatty. [If neither contain any fat one only requires a Kelipa removal. If the Issur contains lean fat it requires a Netila removal.]
  2. The bottom piece is salted. [If the bottom piece is not salted one only requires a Kelipa.]
  3. The Issur is salted. [If only the Heter is salted one requires a mere rinsing of the Heter, although some say a Kelipa is required if the pieces contacted each other.]If one salted many Heter pieces together then if the above conditions are fulfilled one requires 60x in every piece that contacted the salted Issur. 
• Rama:

If a salted Issur touched a Heter one always requires 60x within the Heter, and in addition one is to remove a Kelipa from the area of contact. This applies whether the bottom piece is salted or the top piece is salted. Whether the Issur is salted or the Heter is salted, and whether the Issur is lean or fatty. However if the Issur [and Heter] contains no fat at all then one may be lenient to only require a peel worth removed, [although the custom is to be stringent regarding Biblical Issurim even in such a case].

In a case of loss one may be lenient in the following cases:

1. The Heter is salted while the Issur is not salted one may be lenient in a case of great loss to only require washing the Heter. [According to many Poskim, including Admur, one may always be lenient if only the Heter is salted, even if there is no loss involved.]
2. If both the Heter and Issur are lean one may be lenient in a case of great loss to only require a Kelipa.

If one salted many Heter pieces together with an Issur then one requires 60x in all the pieces together versus the Issur. If one has 60x everything is permitted although one is to remove a peels worth from the area of contact.

Halacha Lemaaseh:

Whenever an Issur contacts a Heter and one of the pieces has been salted to the point that it is considered hot, then the Heter requires 60x. There is no ramification in this ruling regarding whether they are lean or fatty[319], or whether the salted piece is on top and or on bottom.[320] Some rule there is no ramification regarding which piece is salted.[321] However in a case of great loss according to all one can be lenient to permit the Heter if only the Heter is salted.[322] Likewise in a case of great loss one may be lenient to only remove a Kelipa if one knows the piece is lean.[323]

E. Salted Heter on Issur vessel:[324]

Example- One salted cheese in Treif molds: Is cheese that was made and salted in molds of a gentile permitted?

The law Lechatchilah:[325] It is initially forbidden to salt a Heter on an Issur vessel.[326]

The law Bedieved: If one went ahead and salted Heter on an Issur vessel the food remains Kosher even if the vessel did not contain a hole to allow the gravy of the food to escape[327] [and even if the vessel was Ben Yomo]. Thus in the above example the cheese is permitted.[328] The reason for this is because salt does not have enough power to extract the taste that is absorbed within a vessel.[329] [Nevertheless this is only in a case that the vessel is clean.[330] If one does not know if it was clean we do not assume that the vessel had any Issur residue remaining on it, being that an ordinary vessel is assumed to be clean.[331]]

Salted fish in an Issur vessel:[332] Some Poskim[333] rule that if one salted fish in an Issur vessel the fish is forbidden, as the rule of “Ein Melicha Likeilim” only applies regarding blood and not Issur gravy. However others[334] rule that salt never has ability to remove any taste from within the walls of a vessel and hence the fish is permitted in all cases. [Practically we rule that Melicha within an Issur vessel never prohibits the food even in a case of fish.[335]]

Using spices that are in a meat dish for dairy and using spices that were in an Issur vessel:[336]

Spices or salt which have been placed in a meat dish may be used for dairy products[337] [even if the spices or salt contain liquid[338]]. Similarly if they were placed in an Issur dish they remain Kosher. However this only applies if the dish is clean and there is no Issur attached to the vessel.

The law Lechatchilah: [One may even initially place dry spices into an Issur vessel.[339]] Nonetheless one who is stringent initially not to place even dry spices into an Issur vessel will be blessed.[340] [However spices which contain moisture may not initially be placed into an Issur vessel.[341]]

Using on Pesach salt that was placed in a clean chameitz dish:[342]

From the letter of the law if the dish was not known to have contained chameitz, then the salt is permitted, as a general vessel is considered to be clean, and salt cannot absorb the chameitz taste that is in the walls of the vessel. Nevertheless one who is stringent to not use the salt on Pesach, even if it was in a certainly clean vessel and the vessel was not Ben Yomo, will be blessed,

If the dish was never used for hot Chameitz: However if the vessel was never used for hot chameitz food, then there is no need to be stringent to avoid using this salt on Pesach.

Q&A

If salt touched a dry piece of cheese may it be used for meat?[343]

No. However Bedieved if one used it with meat one does not require 60x if the cheese was very dry.

6. Placed bloody salt into food:[344]

If salt which contains blood was placed into a pot of hot food[345] one requires 60x in the food versus the salt.[346]

The reason why 60x helps despite the fact that salt gives taste:[347] Now, although the salt still gives taste to the food even if there is 60x against it, nevertheless the food is permitted as the salt is not intrinsically forbidden, and is rather merely an Issur Balua. Thus since the blood which it carries is nullified in 60x the salt also is nullified in 60x.[348]