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Introduction:[1]
In this chapter the law regarding baking Issur and Heter within the same oven will be discussed. At times this is permitted even initially, at times it is forbidden initially but the food remains permitted after the fact, and at times the food becomes forbidden even after the fact. There are many factors relevant to these laws as will be discussed in this chapter.
The main issues involved in using an Issur oven for Heter or a meat oven for milk is Reicha, Zeia, and Beiyn. The most blatant problem is having residue of the Issur or meat in the oven. If one places the pot of Heter or milk on top of this leftover Issur food the entire pot becomes forbidden unless it contains 60x. Even if the area under the pot is clean the issues of Reicha and Zeia still remain.
Reicha means smell. The smell of an Issur is initially, and at times even Bedieved, forbidden. Hence in order to be allowed to bake Heter in an Issur oven one must verify that there is no smell of Issur in the oven. This is the main discussion of this chapter.
Another issue that is mentioned in this chapter is the issue of Zeia [vapor]. The vapor of a food is considered like the food itself. Hence if the vapor of an Issur, or meat, enters into a Heter, or milk, it is forbidden. The issue is especially relevant when cooking in modern day ovens in which the ceiling of the oven receives all the vapor of the foods. This matter is discussed in Halacha 1I.
1. May one bake Issur and Heter within the same oven?
This matter is dependent on the following factors:
- Is the Issur able to touch the Heter?
- Is either the Heter or the Issur covered?
- How large is the oven?
- Are the foods in two separate pots or are they cooking openly in the oven such as on grates?
- Are the foods lean or fatty?
- Are the foods a Davar Charif?
- Are the foods being baked under an oven that contains a roof or under an open roof oven?
- Is the Issur an Issur Mashehu?
- Is there 60x of Issur within the Heter?
- Were they baked simultaneously or one after the other? If it is being baked one after the other is there leftover food in the oven? Has 24 hours passed since it was last used? Does the food being baked contain liquid?
A. Opinions in the Gemara and Rishonim regarding aroma “Reicha Milsa Hi”:
There is a dispute in the Gemara[2] and Rishonim in whether the aroma or smell of an Issur food is significant enough to forbid another food which received that smell.
-
Rav; Rabbeinu Tam:
Rav in the Gemara holds that the aroma of a food is significant enough to prohibit a Heter that absorbed its smell. Rabbeinu Tam rules like this opinion in the Gemara.
- Levi; Rif; Ramban:
Levi in the Gemara holds that aroma is insignificant and cannot prohibit a Heter and so rules Rashi, Bahag, Ramban and Rif. The Ramban and Rif argue regarding if one may even initially bake an Issur together with Heter according to the ruling of Levi.
B. General Ruling of Shulchan Aruch:[3]
Lechatchilah: Initially one is not to roast [or bake] Issur and Heter within the same oven, [with exception to cases listed below[4]]. This applies even if the Issur and Heter will not be touching each other within the oven.
Bedieved: If one transgressed and baked Issur and Heter within the same oven nevertheless everything remains Kosher[5] [with exception to cases to be explained below[6]].
Foods are fatty: Even if the Issur is very fatty while the Heter is lean and they were baked simultaneously, the Heter remains permitted. [However Lechatchilah even if only the Heter is fatty while the Issur is lean it is forbidden to initially bake them together within the same oven.[7] However if both the Heter and Issur are lean then it is permitted even initially to bake them together, as will be explained in G.]
C. There is suspicion that Issur touched Heter:[8]
In any case that there is suspicion that the Issur has touched the Heter the Heter is forbidden. Thus if one sees that the Issur spilled onto the surface of the oven that the Heter is on then the food is forbidden, as we suspect that the Issur has touched the Heter. [See “A Semicha Aid for Learning the Laws of Basar Bechalav” Chapter 97/2 for a full analysis on this subject!]
D. Issur or Heter is covered:[9]
If either the Issur or the Heter is covered with a pan or with dough[10] then the Heter remains Kosher, in all cases [that there is no suspicion of spillage]. This applies even if the oven is very small, and is closed[11], and the Issur or Heter is Charif[12].
May one initially bake Heter with Issur if one is covered?[13] If either the Heter or Issur is covered [and there is no possibility of spillage[14]] it is permitted to even initially bake them together in the same oven even if the foods are Charif. [Nevertheless one is initially to be stringent if one of the foods is Charif to cover the food with a vessel and not with mere dough.[15]]
E. Oven is large:[16]
Michaber-Letter of the law:[17] If an oven is large enough to hold 12 Isronos of bread[18], then if the door of the oven is [even slightly[19]] open[20] it is permitted even initially to bake Issur and Heter simultaneously within the same oven. This applies even if both foods are uncovered and are fatty, so long as the foods are not able to come into contact with each other.
Rama-The custom:[21] The custom is to be stringent not to initially bake Issur and Heter simultaneously within the same oven even if the oven is very large [unless the oven door is completely open[22]]. [One who is stringent to avoid baking Issur and Heter even within a large oven that is completely open is blessed.[23]]
Oven is completely closed: The Peri Megadim[24] learns that even if the oven was large enough to hold 12 Isaron of bread if the oven was completely closed without any ventilation [not even a ceiling vent to allow vapor to escape] then the Heter becomes forbidden unless it is a case of [great[25]] loss.
Q&A
What is the definition of an oven that can hold 12 Isronim of bread?
An Isaron of bread is equivalent to the measurement of dough required to separate Chalah with a blessing [1,666.6 grams of flour].[26] Thus 12 breads of this size must fit inside the oven for it to be defined as large. Many Poskim[27] rule that the floor of the oven must be wide enough to be able to hold this amount of bread [12 loaves] for it to be defined as large. Others[28] rule if the oven is able to hold this amount of bread within its total volume it is defined as large. Admur in Shulchan Aruch Harav[29] rules like the first opinion that the floor of the oven must be able to hold 12 breads the size of an Isaron each with a width of less than one Tefach.
F. Foods are being cooked within two separate pots:[30]
The above law [that one may not initially bake Heter and Issur in a small oven] only applies if one is roasting the foods in the oven. However if one is cooking the Heter and Issur in two separate pots, then it is even initially permitted to cook them simultaneously in the same oven. This applies even if both foods are uncovered and the oven is small.[31] [Regarding if one is roasting the food in a pot without liquid-see below for definition of roasting!]
Must the oven be slightly open?[32] However this is only initially allowed to be done if the oven is slightly open. However if the oven is completely closed as is done when insulating for Shabbos then it is initially forbidden to cook them together, and according to some opinions even Bedieved the food is forbidden if they were both uncovered. Practically in a case of great loss one may be lenient. [However the Rashal rules that even in a case of great loss the food is forbidden. The Bach rules like the Rama.[33]]
Definition of roasted versus cooked-Is food placed in a pot without liquid considered cooked?[34]
-
The Rashba and others[37] rule that only if the Issur is being cooked with liquid in the pot is it considered cooked of which we rule it may even initially be cooked in the same oven as Heter. However if there is no liquid in the pot then it is considered roasted and may not initially be baked with Issur in the same oven. The reason for this is because when cooking in water there isn’t much vapor given off and therefore it is even initially permitted to bake the two foods simultaneously. This is opposed to cooking in a pot without liquid in which a normal amount of vapor is released.
According to the Shach and others[40] the differentiation mentioned between roasted and cooked is for semantic purposes only and in truth the difference in law only applies with regards to whether the foods are in a pot or are open within the oven, such as on a skewer or grate. If the food is open on a skewer then it is considered roasted and receives all the stringencies discussed above. If the food is in a pot then it is considered cooked even if there is no liquid in the pot. The reason for this is because the walls of the pot prevent vapor from entering into the food. Hence even if one is roasting within the pots it has a status of cooking and may done even initially.
G. The Issur and Heter are both lean:[41]
The above prohibition to roast or bake Issur with Heter simultaneously only applies if either the Heter or the Issur is fatty. If however both the Heter and Issur foods are lean then according to all it is permitted even initially to bake them within the same oven, even if the oven is small [so long as there is no worry of spillage]. [However there are opinions which initially prohibit one from baking the foods together even if both are lean.[42] Admur in Shulchan Aruch Harav[43] rules like the Shach and Taz that one may always bake two foods together if they are both lean.]
Bread was baked with Chameitz:[44] According to all if on Pesach one baked Matzah and Chameitz in the same oven the Matzah remains Kosher as dough has no smell.
Baking liver with other foods in same oven:[45] It is permitted to roast liver in order to remove its blood within the same oven as other foods, being that blood is a lean substance and hence does not release a smell. This applies even if the other food is fatty as it cannot fatten up the blood and cause it to then become absorbed within the Heter.
Roasting Kosher meat with meat that absorbed blood:[46] The Rashal rules that only by liver is it allowed to bake it with other foods even initially however by meat which absorbed blood, such as meat which was salted in a vessel that does not have a hole, it may not be baked in the same oven. However the Bach argues and rules that blood is always lean and even a fatty Heter does not have the ability to fatten the blood and cause its taste to spread. Therefore even initially it is allowed to bake this meat with Heter in the same oven. The Taz concludes that according to all if both the Heter and meat that absorbed blood is lean it is permitted to bake both together in the same oven. Furthermore even according to the Rashal Bedieved the food is permitted.
H. Oven is small and closed:[47]
As stated above [in B] it is initially forbidden to roast Issur and Heter within the same oven if the oven is small [not able to hold 12 Isaron]. However Bedieved if one transgressed and baked them together, it is accustomed to nevertheless permit the Heter even if the oven is small[48] [and is completely closed[49]].
Other opinions regarding completely closed oven: There are opinions which say that we only permit the Heter if the oven door was slightly opened while being baked, or the oven contains a chimney which allows vapor to escape. If however the oven was completely closed without any ventilation [not even a ceiling vent to allow vapor to escape] then the Heter becomes forbidden.[50] [This applies even if the oven was large enough to hold 12 Isaron of bread.[51]]
Final ruling if oven is completely closed: Practically one is to be stringent unless it is a case of [great[52]] loss.
I. Baked under the same roofing:[53]
Baked simultaneously: If one baked an Issur and Heter simultaneously in the same oven and the oven has a ceiling on top [as opposed to being open on its top as was common in ovens of the old days] then if both foods were uncovered everything is forbidden.[54] If both of the foods were covered everything remains permitted.
If only one food was covered: See Admur 447:10 and Michaber 108:1 that it suffices for even one of the foods to be covered, however, that is regarding Reicha. However, regarding Zeiah, so long as the vapor of one of the foods hits the other food, it is forbidden, and thus both foods must be covered. Accordingly, if the Issur food is uncovered and the Heter food is covered, then seemingly the Heter food is forbidden as it is similar to the case of Rama 92:8 where the uncovered milk pot prohibits the even covered meat pot, as the vapor travels towards it. Similarly here, the vapor travels from the Issur to the Heter, and prohibits the covered Heter. Furthermore, even if the Issur food is covered but the Heter food is uncovered, Tzaruch Iyun if the Heter food is permitted, as perhaps the vapor of the Heter travels to the Issur food, becomes prohibited, and then returns back to the Heter and prohibits the Heter. [See Peri Toar 92:16; P”M 92 M.Z. 29; Degul Mirivava 92 regarding that the dairy uncovered pot also becomes forbidden even if the meat pot was covered.]
Baked one after the other under the same roofing: If one did not bake the Issur and Heter simultaneously, but rather first baked the Issur and then baked the Heter, the Heter remains permitted even if it was baked uncovered under the same metal roofing of the oven, so long as the roofing did not receive condensation from both foods.[55] [This allowance applies even if the oven is still Ben Yomo from the Issur and even if the Issur is a food made to give smell and the smell still remains in the oven.[56]] If however the Issur and Heter both[57] gave off vapor to the metal roofing thus causing condensation [and now the Heter vapor mixed with the leftover Issur vapor], then everything is forbidden even if they were baked one after the other, just like is the ruling regarding placing a meat cover over a milk pot [as explained in chapter 93/1].[58] [However if the oven is no longer Ben Yomo then the food is permitted.[59]]
Q&A
What is the law if one baked Issur and Heter in a modern day oven and both were uncovered? Is this considered baking under the same pan?[60]
Yes.[61] Hence one may not bake a Heter and Issur food that release vapor within the same oven simultaneously if both are uncovered. If one did so the Heter is forbidden. Likewise one may not bake milk and meat together uncovered in this oven. If however neither food dissipates vapor then it is permitted to bake them together in those cases that baking Heter and Issur together are initially permitted due to them not having a prohibition of Reiach. Likewise if the Heter is covered the food is permitted in all cases.
May one bake Issur and Heter one after the other in today’s modern ovens?[62]
Regarding today’s ovens that have a roofing one may not bake uncovered Heter in an Issur oven even one after the other being that the vapor of the Issur or meat is absorbed within the roofing. If however the food being currently baked does not release any vapor then it is permitted to bake it there even within 24 hours, even if the food is uncovered, so long as there is no Reiach prohibition involved.[63] Likewise if the Heter is covered one may cook it in the oven in all cases.
What foods release vapor?[64]
All dry foods that do not contain liquid or gravy [such as all bakery products] are considered to not release vapor and hence may be baked even uncovered in a clean Issur oven. Nevertheless if one sees that the food did give off vapor then one is to be stringent.
J. Issur or Heter is Davar Charif:[65]
If either the Issur or Heter food is a Davar Charif [sharp] and both foods are uncovered then it is forbidden to bake them within the same oven simultaneously and if one does so everything becomes forbidden, as by a Davar Charif we say that smell has the ability to carry taste into the Heter [Reicha Milsa Hi]. [This applies even if the oven is large[66] and the door of the oven is open, nevertheless if one of the foods is Charif the Heter is forbidden.[67] Likewise this applies even if both foods are lean[68] and are being cooked in pots.[69]] However if either the Issur or Heter were covered, even with mere dough, then everything is Kosher. [Nevertheless one is to be initially stringent if the food is covered with mere dough and one of the foods is Charif. However if one of them is covered with a vessel it is permitted according to all.[70]]
The Issur is made for giving good aroma to food:[71] An Issur which is made to give good aroma to foods has the same status as a Davar Charif. Thus if one baked this Issur in the same oven as Heter, and both the Heter and Issur are uncovered, the Heter is forbidden. [Example: One is baking Issur cloves in an oven together with Heter, if both are uncovered the Heter is forbidden.]
K. Issur is an Issur Mashehu:[72]
Example: One baked Chameitz on Pesach together with Heter.
First Opinion: There are those which say that an Issur which is never nullified [i.e. Issur Mashehu], such as Chameitz on Pesach, which was baked simultaneously in the same oven with Heter, then if the oven is small [i.e. cannot hold 12 Isaron on its floor[73]] and is closed [even if the oven is not completely closed, such as there is a vent open[74]], and both the Heter and Issur are uncovered, then the Heter is forbidden. [If however the oven is large enough to hold 12 Issraons on its floor, and there is a vent to release steam of the food[75], then the Heter remains permitted even according to this opinion.[76] However the Shach[77] leans to learn that according to this opinion this stringency applies even by a large oven that is slightly open. Admur in Shulchan Aruch Harav[78] rules like the former opinion. According to all if either the Heter or Issur were covered the Heter remains permitted.]
Second Opinion: There are opinions[79] which say that Issur Mashehu follows the same rules as a regular Issur [and thus whenever the oven was left slightly open it is Kosher Bedieved even if the oven was small, and even if the oven was completely closed we are lenient in a case of great loss].
The Final Ruling: One is to be stringent like the first opinion [that by Issur Mashehu even if the oven is open everything is forbidden if the oven is small] however in a case of great loss [or a time of need such as one has no other food available[80]] one may be lenient [and so is the custom[81]]. [However even in such a case one who is stringent is blessed.[82]]
L. If all the Heter in an oven has 60x against the Issur is it Kosher?[83]
Example: One baked 60 pieces of meat, each piece containing 20 grams, simultaneously in the same oven as a 20 gram single piece of Issur. What is the law if the oven was completely closed and all the foods were uncovered, or if they were baking under the same roofing of the oven or the Issur was Charif. Do we say that the Heter all joins to nullify the Issur taste in 60x?
The Law: There are opinions which say that in all cases that smell of an Issur prohibits a Heter, all the Heter in the oven joins to help nullify the Issur aroma which they absorbed, and thus if there is 60x of Heter in the oven against the Issur everything remains Kosher.[84] [This applies even if the pieces of Heter are not touching each other.[85] Others however rule that the pieces of Heter in an oven never join each other to nullify the Issur even if they are touching each other.[86]]
The final ruling: In a case of [great[87]] loss one may be lenient to measure 60x within all the Heter versus the Issur. [This applies even if the pieces of Heter were not touching each other[88], and even if the Issur was a Davar Charif.[89]]
Summary:
It is initially permitted to bake Issur and Heter simultaneously within the same oven in any of the following cases:
-
Covered: The Heter or Issur is covered.
or
-
Both Lean: The Heter and Issur are both lean and neither the Issur or Heter are sharp[90]and they are not being baked under a roofing.
or
-
Two pots: The Heter and Issur are in two different pots and the Issur/Heter are not sharp[91]and they are not under a roofing and the oven is not completely closed.
or
- Large oven: The oven is large enough to hold 12 Isaron of bread [on its floor], and the door is completely open and the Issur or Heter are not sharp and they are not under the same roofing.
- In all the above cases one must beware that the Issur not make contact with the Heter.
It is initially forbidden to bake Issur and Heter simultaneously within the same oven in any of the following cases:
-
Sharp: The Heter and Issur are both uncovered, and the Issur or Heter is sharp.
or
-
Small oven: The Heter or Issur are both uncovered and the Issur or Heter is fatty, and the oven is smaller than 12 Isaron of bread. This applies even if the oven is completely open.
Or
-
Closed: The Heter or Issur are both uncovered and the Issur or Heter is fatty, but the oven is not completely opened. One is to avoid baking in this oven even if the oven is large.
or
-
Roofing: The Heter and Issur are both uncovered and sitting under a roofing.
The Heter remains permitted Bedieved in the following case:
-
Taz:[156]
The Taz rules one may say a blessing over pepper if one benefits from their smell, as pepper is considered a smelling spice and not a food spice. However one is to refrain from using pepper for Havdala if he has better spices available.[157]
-
Nekudos Hakesef:[158]
The Shach rules one may not say a blessing on ground pepper even if he enjoys their smell as they are not designated for smelling but rather for spicing food.
- Admur in Shulchan Aruch Harav:[159]
-
Small oven: The Heter or Issur are both uncovered and the Issur or Heter is fatty, and the oven is smaller than 12 Isaron of bread. This applies even if the oven is only slightly open.
The Heter becomes forbidden in any of the following cases:
-
Sharp: The Issur or Heter was sharp and both Heter and Issur were uncovered.
Or
-
Roofing: The Issur and Heter were under a roofing and both were uncovered.
Or
-
Contact: The Heter and Issur made contact with each other or there is suspicion that they made contact.
Or
- Closed: The oven was completely closed then it is forbidden unless there is a great loss.
|
Form of oven |
Non-Charif uncovered-Both Lean |
Non-Charif uncovered-Fatty |
Charif uncovered |
Covered |
Cooked in pot |
Under a roofing |
|
Large oven with ventilation |
Permitted even initially |
Permitted even initially if door is completely open |
Forbidden even Bedieved |
Permitted even initially |
Permitted even initially |
Forbidden even Bedieved |
|
Small oven With ventilation |
Permitted even initially |
Forbidden initially |
Forbidden even Bedieved |
Permitted even initially |
Permitted even initially |
Forbidden even Bedieved |
|
Oven is completely closed |
Permitted even initially |
Forbidden even Bedieved |
Forbidden even Bedieved |
Permitted even initially |
Forbidden even Bedieved |
Forbidden even Bedieved |
Same oven simultaneously[92]
Baking meat and milk simultaneously within the same oven follows all the laws mentioned above regarding baking Issur and Heter within the same oven.
3. Bread which was baked simultaneously with meat/milk or Issur:[93]
A. Meat or milk:
If one baked bread simultaneously in the same oven as meat or milk [in a way that is forbidden initially to be done with Issur and Heter but is permitted Bedieved[94]] then it is forbidden to eat the bread together with the opposite food[95] if there is other bread available. However if there is no other bread available then it is permitted to eat it with the opposite food.[96] [If however one baked the bread with meat or milk in a way that by Issur Viheter it would be forbidden even Bedieved[97], then here too the bread becomes meaty or dairy and is forbidden to be eaten with the opposite food. Furthermore at times it is forbidden to eat this bread at all, as explained in chapter 97.[98]]
One bakes bread and meat under the same metal roofing: If they were both uncovered and baked together simultaneously then it is forbidden to eat the bread together with milk, [and if the bread does not have a specific shape and is enough to last for more than one day, then even the bread itself is forbidden[99]].
B. Issur:[100]
A gentile baked the bread with Issur: If a gentile baked bread with Issur simultaneously in the same oven [in a way that is forbidden initially to be done with Issur and Heter but is permitted Bedieved[101]] then it is forbidden to buy the bread from the gentile if there is other bread available. However if there is no other bread available then it is permitted to buy the bread.[102] [If however the gentile baked the bread with Issur in a way that it is forbidden even Bedieved[103], then the bread is forbidden.]
A Jew baked the bread with Issur: Then even if he has other bread available the bread remains kosher so long as it was not baked in a way that is forbidden even Bedieved, as explained above in length.
4. Baking meat and milk or Issur and Heter one after the other:[104]
If one did not bake the Issur and Heter or milk and meat simultaneously, but rather first baked the Issur and then baked the Heter, the Heter remains permitted even if it was baked uncovered under the same metal roofing of the oven, so long as the roofing did not receive condensation from both foods.[105] [This allowance applies even if the oven is still Ben Yomo from the Issur and even if the Issur is a food made to give smell and the smell still remains in the oven.[106]] If however the Issur and Heter both gave off vapor to the metal roofing thus causing condensation [and now the Heter vapor mixed with the leftover Issur vapor], then everything is forbidden even if they were baked one after the other, just like is the ruling regarding placing a meat cover over a milk pot [as explained in chapter 93/1].[107]
Summary:
If one baked meat and milk or Issur and Heter in the same oven one after the other the food remains permitted, even if the Heter and Issur or meat and milk were both uncovered and the oven was Ben Yomo, unless the oven has a roofing [as is common in all modern ovens] and the ceiling received vapor from both the meat and milk or Issur and Heter. In such a case the Heter becomes forbidden. Regarding if one may initially bake Heter or milk in an oven after the Issur or meat has been removed and there is no vapor, this is dependent on whether the oven had any food residue left in it.
It is initially permitted to bake milk [or Heter] in a modern meat [or Issur] oven, one after the other, if the following criteria is fulfilled:
- The surface under the milk pot or Heter is cleaned of any residue.[109] [It is best to also place a sheet of tinfoil under the pot.[110]]
- The pot is covered.[111]
- The surface under the milk pot or Heter is cleaned of any residue. [It is best to also place a sheet of tinfoil under the pot.]
- The dairy product or Heter is dry [no liquid, gravy or fat that oozes] and hence does not release vapor.[112]
- The oven is clean of any food residue.[113]
The law if Bedieved the above conditions were not fulfilled:
If condition 1 was not fulfilled and hence the pot of Heter or milk was placed onto Issur or meat residue then one requires 60x versus the food in the pot otherwise everything is forbidden.
If condition 1 was fulfilled but the food was uncovered and contains liquid [and hence releases vapor] then if the oven has not been used for 24 hours for meat [or Issur] the food is permitted. If the oven was used within the past 24 hours for meat [or Issur] that releases vapor then the food is forbidden.
If condition 1 and 2 were fulfilled but there was residue of food in the oven during the time of baking, one is to contact a Rav.[114]
Q&A
If one baked a Parev food in a meat or milk oven may that food be eaten with the opposite food?[115]
Example: One toasted bread in a small dairy oven. May he eat this bread with meat? One baked cake in a meat oven, may it be eaten with milk and coffee in the morning?
The Law: If the Parev food was covered and there is no residue of food under the surface of the Parev food, it may be eaten with the opposite food in all cases. If the Parev food was not covered then if the oven contained meat or dairy residue it may not initially be eaten with the opposite food.[116] If one cleaned the oven beforehand and there is thus no residue of meat or milk in the oven, then if the oven is not Ben Yomo the food remains Parev.[117] If the oven is Ben Yomo then if the food contains liquid and hence releases vapor it may not be eaten with the opposite food. If the food is dry and hence does not release vapor then it remains Parev.[118] However some[119] write one may never cook Parev foods in a meat or milk oven which is Ben Yomo with intent to eat it with the opposite food. If one did so they rule one may not eat the food together with milk but may eat it before or afterwards.[120]
May one bake an uncovered cake in a meat oven if he plans to eat it with dairy?
If the oven is not Ben Yomo and is clean one may do so. If the oven is not clean one may not do so. If the oven is clean but is Ben Yom then this matter depends on whether the batter is viewed as a liquid that releases vapor or as a solid. Some Poskim[121] rule cake batter is viewed as a dry food and hence it is permitted to eat it with dairy.
5. May one cook Issur and Heter simultaneously on the same stove top?[122]
A. Issur is being cooked by gentile:[123]
If Issur of a gentile and Heter of a Jew were cooked together on the same stove top the Heter remains permitted. We do not suspect that the gentile entered some Issur food into the Heter food. We also do not suspect that some of the food in the Issur pot splashed into the Heter.
Lechatchilah:[124] Nevertheless initially one is to beware from cooking the two foods near each other if one is Heter and the other is Issur. [The Shach[125] writes the reason for this is because we suspect the Issur may splash into the Heter. Thus if the Issur pot is covered it is permitted to be done. However the Taz[126] writes the reason is because we suspect the gentile may enter food Issur food into the pot and hence in this case even if they are both covered it is initially not to be done.]
B. Cooking milk and meat on same stove top:
If both pots are covered it is permitted according to all for a Jew to cook meat and milk on the same stove top. If one of the foods is not covered then according to the Shach [mentioned in A] it is forbidden Lechatchilah for a Jew to cook them on the same stove top due to fear of spillage. However according to the Taz[127] it is permitted to be done even if both pots are uncovered, as we never suspect for spillage..
Regarding if one may use the same stove top for cooking both dairy and meat-See “A Semicha Aid for Learning the Laws of Basar Bechalav” Chapter 92 Halacha 11
6. May one buy Kosher food from a gentile if it was cooked in an Issur pot?[128]
Note: This law refers to food which does not have a prohibition of Bishul Akum, as otherwise regardless the food may not be eaten.
Example: May one buy coffee from a gentile [without milk] which was cooked in gentile’s pot.
The law: The custom is to allow buying kosher foods from a gentile, even if the food was cooked in an Issur pot, and even if there are other foods available.[129]
7. Using an Issur Marda [baking rod[130]] to remove Kosher foods:[131]
It is forbidden to use an Issur Marda to remove Kosher foods from the oven so long as the Marda is still Ben Yomo from the Issur. However if it is no longer Ben Yomo [after 24 hours] then it is permitted [even initially[132]] to be used.[133]
Kashering the Marda: So long as the Marda is Ben Yomo it cannot be Kashered through Hagala. Likewise it does not help to remove a peels worth of metal from the rod. [Furthermore even Hagala together with the removal of a Kelipa is invalid, as since the rod is used directly with fire it therefore requires Libun to be done.[134]]
The law if Bedieved one removed bread with an Issur Marda that was still Ben Yomo:[135] The Issur Viheter[136] rules that the first loaf that was removed with the Marda is forbidden[137] while all the other loaves are permitted. [Nevertheless the other loaves require a Kelipa removal.[138] According to the Rashal all the loaves require 60x.[139]] If this loaf then became mixed with the other loaves it is nullified in majority.
Bread absorbing the smell of Yayin Nesech
8. Bread that was placed on a barrel of Yayin Nesech:[140]
Hot bread: If hot bread was placed on a barrel of Yayin Nesech [or Stam Yayin[141]] then if the barrel is open the bread is forbidden [being that it absorbs the smell of the wine[142]]. If the barrel is closed then the bread is permitted even if it is hot. If however the bread is made of barley and is hot then it is forbidden even if the barrel is closed.
Bread is cold: If the bread is cold it is permitted even if the barrel was open. [If however the bread is made of barley then if the barrel was open it is forbidden even if the bread is cold.[143]]
Smelling an Issur
9. May one breathe into his mouth the smell of Yayin Nesech in order to verify its status?[144]
It is permitted to breathe in the smell of Yayin Nesech in order to verify whether or not it has spoiled. [The reason for this allowance is disputed.[145] It is also disputed whether one may breath it into his nose.[146]]
10. May one taste Yayin Nesech in order to verify its status?[147]
It is forbidden to taste the wine even if he plans to not swallow the wine and will rather spit it out. [This applies to all Issurim[148], even if they are permitted in benefit.[149]]
11. May one use Yayin Nesech for “Ziluf” [dust washing[150]]?[151]
One may not use Yayin Nesech for dust washing as the wine is forbidden in benefit. One may however use Stam Yayin for this purpose, as the wine is permitted in benefit.[152]
12. Smelling spices found in Yayin Nesech:[153]
It is permitted to smell spices which have soaked in Yayin Nesech.[154] Nevertheless one is to avoid using such spices for Besamim on Motzei Shabbos.[155]
13. May one use black pepper for Havdala?
One is not to use ground pepper and ginger [and spices of the like[160]] for Besamim even if he enjoys their smell. [If one has no other spice to use it requires further analysis whether one may use it.[161]] One may however use ground cinnamon and clove for Besamim.[162]
14. Smelling spices of Avoda Zara; Arla; Kileiy Hakerem:[163]
It is forbidden to smell spices that are forbidden in benefit due to idolatry or Arla or Kileiy Hakerem.[164]
[3] 108/1
[4] See D regarding if the foods are covered; E regarding if the oven is large; F regarding if the foods are cooking in pots; G regarding if both foods are lean.
[5] The reason why Bedieved everything remains Kosher even though the Heter received the smell of the Issur being that the main ruling follows the opinion that smell is not considered a substance of Issur and only initially do we suspect for this [Shach 108/2] Now although in 97/3 it was ruled that if one baked Parev with meat the Parev may not be eaten with milk, and hence we see that we suspect even Bedieved that smell transfers taste. This is only because one is still able to eat the Parev food plain or with the food it was baked with and therefore it has the status of Lechatchilah. However Bedieved if this food became mixed with the opposite food we are lenient. [Shach 97/4; 108/2]
[6] See H regarding if the oven is small or completely closed; I regarding if the oven has a roof; J regarding if the foods are Charif; K regarding an Issur Mashehu.
[7] Shach 108/1; Taz 108/1; Admur 447/9
The Reason: As the fat of the Heter fattens up the Issur and hence causes the Issur smell to carry into the Heter. [Shach and Taz ibid; Admur ibid] Now although there are those which rule that a fatty Heter can never fatten a lean Issur nevertheless by smell it is different as the smell carries the lean taste of the Issur. [Shach ibid; See 105/5; Taz 105/10]
[8] See Chapter 97/1-2; Michaber 108/1 mentions that all the cases below refer to a case that the Heter and Issur are not touching each other.
[9] 108/1
[10] As the dough prevents the smell from penetrating into the food. This applies even if the Issur is Charif. [Rama] Nevertheless the dough itself would obviously be forbidden to be eaten in those cases that we rule that even Bedieved Issur taste is transferred through the smell.
[11] Michaber ibid
[12] Rama ibid
[13] Michaber ibid
[14] Such as the Heter is on a higher rack then the Issur, or the Issur is in a pot and is covered in a way that it cannot spill out.
[15] Shach 108/10 as explained in Peri Megadim 108 S.D. 10
[16] 108/1
[17] Michaber 108/1
[18] The Mahriy writes that by our ovens which contain an opening, even if the oven is not this large it should be permitted to bake there simultaneously. [Taz 108/2]
[19] Peri Chadash 108/4 as is implied from Michaber that does not differentiate between if it is completely open or only partially. However the Shach [108/3] explains that according to the Rama possibly the Michaber was only referring to a case that the oven is completely open. [See Peri Megadim 108 S.D. 3]
[20] It is implied from the Michaber that even a large oven must be open for it to be initially allowed to bake Issur together with Heter. Now although in chapter 97/3 the Michaber did not state that the oven must be open, seemingly this is because he stated in “our ovens” and our ovens are always open. However the Darkei Moshe explains that by Basar Bechalav [which is the case discussed in 97/3] we are lenient even if the oven is closed. The Bach explains that in 97/3 the law of Bedieved was discussed while here it is discussing the law of Lechatchilah. In any event these answers are unnecessary as already explained that our ovens are always open. [Taz 108/2]
[21] Rama 108/1
[22] Shach 108/3 as explained in Peri Megadim 108 S.D. 3
Background:
The Shach ibid brings that in Toras Chatas [Klal 35] the Rama rules that if the door of the oven is not completely open then it is initially forbidden to bake Issur and Heter together even if the oven is very large. The Shach then explains that the meaning of the Rama’s statement here is that we are accustomed to avoid baking in a partially open oven. If however the oven is completely open then even the Rama agrees it is permitted to bake there if the oven is large. [Shach and Peri Megadim ibid]
[23] Peri Megadim in Kitzur Dinim
[24] Peri Megadim 108 S.D. 7; See Rama there
[25] Shach 108/8 as is proven from Rama 108/2 which says that one requires a great loss to be lenient even if both the Heter and Issur are cooking in pots.
[26] Shach 97/5
[27] Peri Megadim 97 S.D. 5 in name of Peri Chadash and Minchas Yaakov
[28] Yad Eliyahu 25 brought in Peri Megadim ibid and Pischeiy Teshuvah 108/6
[29] 447/9
[30] 108/2
[31] Michaber ibid
The reason: The Tur writes in the name of the Rashba that the reason why the smell of cooked foods are less problematic then a roasted food is because when a food is cooking in liquid it gives off a mild smell which is unable to prohibit the other food even initially. However the Shach [108/16] writes that the difference is because a pot blocks the smell from entering the pot. The ramification between the two reasons is whether a food in a pot without liquid is defined as cooked or roasted as will be explained below.
[32] Rama ibid as explained in Shach 108/17; Admur 447/10
[33] Shach 108/18
[34] Shach 108/17
[35] Magen Avraham 447/4
[36] 447/10
Admur rules like the M”A ibid that the allowance only applies to when actually cooking in a pot with liquid and not when roasting. The following is the ruling of Admur there in 447/10:
If one bakes or cooks chameitz food and cooks in water [not bakes-see above] Pesach food at the same timein an oven, then:
Even if the Pesach food is fatty and remains together in the oven with the chameitz for many days, the smell is not transferred if the oven is not completely closed from ventilation.
The reason for the leniency is because when food is being cooked in water its smell does not spread so much as it would when it is being roasted/baked, and its fat thus does not have the ability to fatten the chameitz smell and to then return that smell to the Pesach food.
[37] Issur Viheter Klal 39; Bach; Magen Avraham 447/4
[38] 108/15
[39] Chidushim 108/14
[40] Beis Yosef; Peri Chadash 108/15; Chavas Daas 108/14; Minchas Yaakov Klal 35/36; Peri Megadim 108 S.D. 16; Yad Yehuda 23; Darkei Teshuvah 108/70; Kaf Hachaim 108/44
[41] Shach 108/1; Taz 108/1; Admur 447/9; Peri Chadash 108/1; as rules Rashba; Beis Yosef
[42]Opinion of Rama in Toras Chatas and Issur Viheter: The Rama in Toras Chatas rules that initially one is to be stringent even if both foods are lean. The Issur Viheter likewise implies that if the Issur is a Biblical prohibition one is to be stringent even if both foods are lean. The Shach and Taz ibid both negate the opinion of the Rama.
The Peri Megadim [108 S.D. 1] writes that perhaps one is to initially be stringent being that do we are no longer expert in the difference between lean and fatty.
The Kreisy Upleisy [108/4] rules one is to initially be stringent even if both foods are lean.
[43] 447/9
[44] Taz 108/1
[45] Taz 108/1 in name of Mahriy [i.e. Terumas Hadeshen] 76
[46] Taz 108/1
[47] Rama 108/1
[48] Michaber 108/1 and first opinion in Rama 108/1. They hold that the food is permitted even if the oven is completely closed.
[49] Taz 108/3
[50] See Admur 447/10 that if the oven is completely closed even by Chameitz it is a dispute whether the food is permitted or not. Admur rules regarding Chameitz that one may be lenient in a time of need or great loss.
[51] Peri Megadim 108 S.D. 7
[52] Shach 108/8 as is proven from Rama 108/2 which says that one requires a great loss to be lenient even if both the Heter and Issur are cooking in pots.
[53] Rama 108/1
[54] See 92/8 regarding a similar case of cooking milk under a meat pot that the Rama rules that only if the vapor that reaches the upper pot is Yad Soledes do we say it becomes forbidden and requires 60x the milk. If however the vapor is not Yad Soledes by the time it reaches the upper pot then everything remains Kosher.
Regarding if neither food gives off vapor, such as they are both bread, one Issur and one Heter, then seemingly everything would be permitted. Likewise if the Heter gives off vapor but not the Issur everything would be permitted. If however the Issur gives off vapor then the Heter is forbidden even if the Heter does not give off vapor.
[55] The reason for this is because taste cannot leave a vessel without actual touch [of food or liquid], thus since the food is not actually touching the metal roofing therefore no Issur taste which it absorbed is able to dissipate into the Kosher food. [Shach 108/12]
[56] Shach 108/12 in name of Teshuvos Mamimanis
[57] To note that only in this case is it required for the ceiling of the oven to receive vapor from both foods as if the second food which is Heter does not give off vapor, such as if it is bread, then it is impossible for any taste to leave the ceiling and enter back into the food. However in the previous case that both were baked simultaneously, even if only the Issur gives off vapor it is forbidden.
[58] See Rama 92/7 that when the steam of the milk reaches the meat cover it removes the taste from the cover and travels it back down into the Heter.
[59] Vetzaruch Iyun what the law would be in a case that the Heter contained Charif, such as onions and the like.
[60] Igros Moshe 1/40; See Darkei Halacha p. 242; Mahrsham 3/208; Minchas Yitzchak 5/20; Kinyan Torah 1/24 [Appendix]
[61] So rules Igros Moshe ibid negating the logic written by the questioner that perhaps the pots are too distanced from the roof of the oven for the vapor to be an issue. Reb Moshe answerers that certainly the vapor reaches the roof and even if it is no longer Yad Soledes the roof of the oven is Yad Soledes. Likewise he negates the logic of saying that only by unvented ovens is vapor an issue as certainly the vapor hits the roof and the venting does not allow all the vapor escape prior to it doing so.
[62] Igros Moshe 1/40; See Darkei Halacha p. 242; Mahrsham 3/208; [Appendix]
[63] Such as the oven is clean of any reside from the previous food.
[64] Igros Moshe 1/40 [Appendix]
[65] Rama 108/1; Admur 447/11
[66] meaning it holds 12 Isaron
[67] Taz 108/5 in name of Issur Viheter Klal 39/20; Shach 108/9 [however see Peri Megadim 108 M.Z. 5]; Chavos Daas Biurim Kitzur 108/4; Admur in 447/11
Opinion of Rashal and Bach: The Rashal rules that if the oven is large and open then even if the food is Charif the Heter remains permitted. The Bach agrees to this opinion. The Taz concludes like the Rama and Issur Viheter. [Taz ibid]
[68] So implied from Admur ibid and so rules Chavos Daas Biurim Kitzur 108/4
[69] See Admur 447/9-11
[70] Shach 108/10 as explained in Peri Megadim 108 S.D. 10
[71] Shach 108/9
[72] Rama 108/1; Admur Orach Chayim 447/9
[73] Admur Orach Chayim 447/9
[74] Admur Orach Chayim 447/9; and so is proven to be the discussion here from the fact that by a completely closed oven we are stringent even by other Issurim. [Peri Megadim 108 S.D. 14]
[75] As if the oven is completely closed even by a regular Issur the Rama is stringent unless the case involves great loss. Hence one must conclude that the case here is referring to an oven that is slightly open, in which case if it is large enough to hold 12 Isaron we are lenient even by an Issur Mashehu. [See Peri Megadim 108 S.D. 14]
[76] Rama and Admur ibid; Peri Megadim 108 S.D. 14
[77] 108/14 in name of Tosefes. The Shach answers that perhaps only according to Tosefes which holds Reicha Milsa Hi are we stringent even by a large open oven, while according to the ruling that Reicha Lav Milsa Hi we are not stringent. The Shach concludes that this answer is pressed and the matter requires further analysis.
[78] 447/9
[79] Darkei Moshe in name of Mordechai
Question of the Shach:
The Shach [108/15] questions the source of the Rama in the Mordechai. As the Mordechai only stated his ruling regarding Chameitz that was baked with Matzah in which case he rules that the Matzah remains permitted being that bread does not give off any smell to other bread. However regarding whether we say Reich Milsa Hi by an Issur Mashehu the Mordechai never discussed, and hence he may agree that if Chameitz was cooked with a fatty food and that food was then baked with Matzah, then the Matzah is forbidden. Practically however the Teshuvas Mahril brings that according to those which hold Reicha Lav Milsa Hi they do not differentiate between a regular Issur and an Issur Mashehu.
[80] Admur ibid
[81] Admur ibid
[82] Admur ibid
[83] Rama 108/1
[84] Although regarding Issur taste we rule that it cannot travel from piece to piece without liquid, nevertheless by smell we are lenient to say that whatever food has entered into the doubt of prohibition joins to nullify the Issur. [Taz 108/6]
[85] Shach 108/13
[86] As Issur taste cannot travel from one piece to another without liquid or fat, as explained in chapter 105/7. [Shach ibid; Taz 108/6]
[87] Shach 108/13 as rules Rama in Toras Chatas
[88] Shach 108/13
[89] Peri Megadim 108 M.Z. 6
[90] So is implied from Admur 447/11
[91] So is implied from Admur 447/10-11
[92] Rama 108/1
[93] Rama 108/1 and Michaber 97/3
[94] [Such as they were both uncovered and one was fatty and the oven was small.] Furthermore even if the oven was big but not completely open it is initially forbidden to eat the bread with the opposite food as stated earlier by the Rama. If however the oven was large and the door was completely open then even initially one may eat such bread with the opposite food. [Shach 108/5]
[95] Such as if one baked it with uncovered meat he may not eat it with milk.
[96]The reason: It is initially forbidden to eat the bread with the opposite food because Lechatchilah we say that Reicha Milsa Hi, and thus since one can anyways eat the dairy products with other bread therefore we forbid eating this bread with milk just like we Lechatchilah forbid baking Issur and Heter together. However in a case that one has no other bread to eat with dairy, then we allow using this bread, as in such a case it like a case of Bedieved, in which we do not say Reicha Milsa Hi.
[97] Such as if one baked bread with meat in a small oven which was completely closed including the vents. Or if the meat or milk were Charif.
[98] There it is explained that the Sages forbade eating dairy or meaty bread even plain, due to that one may come to eat it with the opposite food, unless the bread has a sign or is a small amount. Thus for example if one baked bread with meat in a small oven which was completely closed including the vents, then it is forbidden to ever eat this bread with milk, and if the bread itself is not a small amount or a specific shape then the bread itself is forbidden as explained in chapter 97. See “A Semicha Aid for Learning the Laws of Basar Bechalav” Chapter 97!
[99] Shach 108/11 as explained in Chapter 97; Chochmas Adam 62/6; Kreisy 108/12; Kaf Hachaim 108/33
Other Opinions: The Peri Chadash 108/10 argues on the Shach and rules the bread is permitted Bedieved even if it does not have a shape and is a large amount. The above Poskim negate his opinion.
[100] Rama 108/1
[101] [Such as they were both revealed and one was fatty and the oven was small.] Furthermore even if the oven was big but not completely open it is initially forbidden to buy the bread from a gentile as stated earlier by the Rama. If however the oven was large and the door was completely open then even initially one may buy such bread. [Shach 108/5]
[102]The reason: It is initially forbidden to buy the bread because Lechatchilah we say that Reicha Milsa Hi, and thus since one can anyways buy other bread, we forbid buying the gentile bread just like Lechatchilah we forbid baking Issur and Heter together. However in a case that one has no other bread to eat, then we allow buying this bread, as in such a case it like a case of Bedieved, in which we do not say Reicha Milsa Hi.
[103] Such as if one baked bread with meat in a small oven which was completely closed including the vents. Or if the meat or milk were Charif.
[104] Rama 108/1
[105] The reason for this is because taste cannot leave a vessel without actual touch [of food or liquid], thus since the food is not actually touching the metal roofing therefore no Issur taste which it absorbed is able to dissipate into the Kosher food. [Shach 108/12]
[106] Shach 108/12 in name of Teshuvos Mamimanis
As smell does not have the ability to travel from inside the walls of the oven into the food. Thus here we see that a clean oven does not have an issue of Reiach but may have an issue of Zeiah, vapor, if the oven is Ben Yomo and the food releases vapor..
[107] See Rama 92/7 that when the steam of the milk reaches the meat cover it removes the taste from the cover and travels it back down into the Heter.
[108] See Igros Moshe 1/40
[109] As otherwise there is suspicion one may place the pot of food on top of the residue and hence forbid the pot.
[110] As if one places the pot directly on top of the oven surface it is possible for the liquid of the food to spill onto the oven floor and hence cause transference of taste between the floor of the oven and the pot, hence forbidding the food. Nevertheless if the oven is not Ben Yomo from the opposite food seemingly doing the above is a mere stringency, although is still necessary in order so the floor of the oven not become forbidden in the event milk spills in the same area that meat was absorbed.
[111] Just in case there is leftover food in the oven from the opposite use, and one did not see it and clean it out. Likewise this is necessary to avoid the issue of vapor reaching the roof of the oven and falling back into the food, as explained in Halacha 1I.
[112] As today’s modern ovens all contain a roof and hence vapor must be negated in order to permit the baking.
[113] As otherwise there is an issue of Reiach
[114] Our ovens have vents and hence Reiach does not prohibit the food Bedieved. However perhaps the residue releases vapor and hence we enter into the same situation as one who is baking Heter and Issur simultaneously under an oven with a roofing. However perhaps one can say that if the residue is dry then no vapor is released. Veztaruch Iyun regarding oil and fat residue and the like.
[115] See Igros Moshe 1/40; Pischiey Halacha p. 27; 157; Hakashrus 1/40; Kinyan Torah 1/24; Minchas Yitzchak 5/20
[116] See 108/1; Hakashrus 1/39
[117] See Igros Moshe 1/40; Pischiey Halacha p. 27; 157; Hakashrus 1/40
Some write that one is to simply turn the oven on for some time prior to baking the Parev food and this will verify that any leftover food in the oven has become destroyed. [Kinyan Torah ibid]
[118] Igros Moshe 1/40
[119] See Pischiey Halacha p. 27; 157; Hakashrus 1/40
[120] Hakashrus ibid
[121] See article from OU on this issue that cake batter is considered a dry food, hence steam is not an issue and the oven does not need to be not Ben Yomo.
[122] 118/11; The Rama 108/1 writes to look in this chapter.
[123] Michaber ibid
[124] Rama ibid
[125] 118/36
[126] 118/12
[127] 118/12
[128] Taz 108/4 in name of Toras Chatas Klal 35
[129]The reason: The reason why it is allowed to eat such food is because we assume a typical pot is not Ben Yomo and thus the food is Kosher. Now, although it is initially forbidden to cause Kosher food to receive non-Ben Yomo taste, nevertheless since here it was already cooked, buying it from the gentile has a status of Bedieved.
[130] A Marda is a long rod with a flat top used to remove baking products from the oven. Typical Pizza stores today use this rod to remove the pizza.
[131] Michaber 108/3
[132] Shach 108/19
[133]The reason: The reason it is permitted to use the Issur Marda if it is not Ben Yomo is because there is no other way to remove the Kosher foods from the oven, and thus using it has a status of Bedieved. [Michaber ibid] This means to say that since today we buy bread from gentiles we therefore allow them to use a non-Ben Yomo Marda as certainly they will not listen to the Jews and make a new rod every day. Hence it has a status of Bedieved. [Shach 108/19; Taz 108/8] The Levush writes the reason is because it is not a common occurrence to use a Ben Yomo rod and therefore the Sages did not decree in this case against using non-Ben Yomo rods. Practically the Taz ibid concludes that this explanation has no source.
[134] Shach 108/20; See Admur Orach Chaim 451/13
[135] Taz 108/7
[136] Klal 39/7
[137] As we suspect the Marda has leftover Issur on it and that Issur becomes absorbed in the bread. However the next bread removed is permitted as we assume the Issur has become cleaned with the first bread. [Taz ibid]
[138] Peri Megadim 108 M.Z. 7 as rules in Shach 105/23; Admur 451/56; 494/16
[139] Brought in Taz 108/7 and 105/26. As the Rashal rules that baking has the same status as cooking with liquid.
[140] 108/4
[141] Shach 108/22
[142] Shach 108/21, as the smell of such wine is of importance and is considered like actual food. [Shach 108/22]
[143] Shach 108/23
[144] 108/5
[145] Some hold it is always permitted to smell forbidden foods that are not designated for smelling even if they are forbidden in benefit. [Rashba; Beis Yosef; Murdechiy brought in Shach 108/27] Others explain it is forbidden to ever smell an Issur that is forbidden in benefit, as by doing so one is benefiting. Nevertheless by this case we are lenient as this form of smell [breathing the smell through a tube deep into the throat causes more damage than benefit. [Shach 108/27] See also Peri Megadim 108 M.Z. 10.
[146] Kreisy 108 and Yad Yehuda rules it is permitted to breath the smell in even with his nose. In Beis Yisrael it says that it is forbidden to smell it using one’s nostrils.
[147] Rama 108/5
[148] Taz 108/9
The reason for the prohibition is due to a decree one may come to swallow it. [Peri Megadim 108 M.Z. 9]
[149] Shach 108/24
[150] In times of dirt floors in order to prevent the dust from filling up the air people would spray water on the dust hence keeping it stuck to the floor. This process is called Ziluf. The question here is can one use forbidden liquids for this purpose.
[151] Rama 108/5
[152] Yayin Nesech is wine that an idol worshiper used as a libation for idolatry. Such wine is forbidden in benefit. Stam Yayin is wine which is owned or was touched by an idol worshiper, although was not used for libation. Such wine is permitted in benefit. The Shach [108/25] questions this ruling as in chapter 123/1 we rule that even Stam Yayin is forbidden in benefit. The Peri Chadash [108/23] answers that Ziluf is not considered complete benefit and is thus permitted by Stam Yayin.
[153] 108/6; Admur 297/5
[154] As the spices are placed into the wine in order to give the wine a good smell and not in order to receive the smell of the wine. Furthermore one has no intent to smell the wine when he smells the spices. [Shach 108/26; Taz 108/10] Now although earlier it was stated that smelling Yayin Nesech is permitted [and hence the reasons offered here are superfluous] the Peri Megadim [108 M.Z. 10] explains that earlier it was only allowed due to that smelling it in that fashion [through the mouth using a tube] damages the body and hence more damage than benefit is done through smelling. Alternatively the reason is because smelling it is needed for the purpose of verifying the status of the wine. Alternatively it is because we differentiate between an item designated for smell and an item that is not designated for smell. [See Halacha 13]
[155] As although it is permitted to smell such spices being one has no intent to benefit from the smell of the wine, nevertheless doing so for the Mitzvah of Besamim is repulsive to G-d. [Admur ibid; Taz 108/10; Shach 108/26]
[156] 108/10; Orach Chaim 297/5
[157] 297/5
[158] Shach 108 Yoreh Deah in Nekudos Hakesef
[159] Admur 297/4; Seder 11/9
Admur records a dispute in this matter. The first opinion [Shach 108 Yoreh Deah in Nekudos Hakesef] rules one may not say a blessing on ground pepper and ginger even if he enjoys their smell as they are not designated for smelling but rather for spicing food. Others [Taz 297/5; Yoreh Deah 108/10] however rule one may say a blessing over them if he benefits from their smell. Practically Admur rules one is to refrain from smelling them. [ibid] Even the Taz [297/5] agrees one is to refrain from using pepper for Havdala if he has better spices available.
Other Opinions: P”M 297 A”A Hakdama rules one is to say “Hanosein Reich Tov” on pepper.
[160] This refers to all spices which are not commonly smelled for enjoyment.
[161] As Admur rules it is best not to smell them, seemingly leaving room for the opinion which allows smelling them, and hence in a time of need one may be lenient. Nevertheless perhaps the novelty in Admur’s words is that one is to avoid even smelling them without a blessing, however to say a blessing is certainly forbidden due to the rule of Safek Brachos Lehakel. See Kitzur Halachos p. 116 for an analysis on this subject. Vetzaruch Iyun on some of his logics.
Other Opinions: Sdei Chemed Mareches Hei 13; Machazikei Bracha 297/5 rule in a time of need one may use pepper for Besamim.
[162] Seder 11/3
[163] 108/7
[164] The Rashba explains the reason is because since spices are meant only for smelling and that is their benefit, therefore it is forbidden to smell them if they are forbidden in benefit. Thus if a myrtle or rose was forbidden in benefit it would be forbidden to smell it. However Yayin Nesech and other items forbidden in benefit which are not meant for smelling are permitted to be smelled. The Shach however questions this ruling and concludes that even those items that are not meant for smelling should be forbidden in smell if they are Biblically forbidden in benefit. Hence the Shach concludes that by Issurim of idolatry one is to be stringent and not benefit from the smell even if they are not meant for smell. [Shach 108/27]
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