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Introduction:
In this chapter the discussion of laws regarding forbidden mixtures resumes. Until this chapter only cases that involve mixture of Issur taste or Issur matter with Heter have been discussed. In this chapter the laws of dry cold solid mixtures will be discussed. In such cases there is no transference of taste from one food to the other as even after the mixture the foods remain separated from each other and the Kosher food has not received anything from the Issur. The problem however is that one cannot recognize which piece within the mixture is the Issur piece and which is the Heter. This type of mixture is called a cold mixture of Yaveish Beyaveish.
1. Min Bemino-Yaveish Beyaveish:[1]
Case –Min Bemino Yaveish Beyaveish: If a solid Issur became mixed with solid Heter of the same species [Min Bemino] and each piece remains individually recognizable as a separate piece [Yaveish Beyaveish] but one cannot recognize which is the Issur and which is the Heter[2], what is the law of nullification?
A. The mixture has not been cooked together [dry with dry]:
Example: If a piece of cold Niveila cow meat became mixed with a few pieces of cold Kosher cow meat and one does not recognize which piece is the Issur piece, what is the law of nullification?
The law by a Davar Chashuv:[3] If a solid Issur, whether Rabbinical or Biblical[4], became mixed with solid Heter of the same species [Min Bemino] and each piece remains individually recognizable as a separate piece [Yaveish Beyaveish] and one does not recognize which piece is the Issur piece then if the Issur piece is a Davar Chashuv, [such as Charal, See chapters 101 and 110] it is never nullified irrelevant of the ratio and everything is forbidden.
The law by a non-Davar Chashuv: If the Issur is not a Davar Chashuv then [by mixtures of Min Bemino[5]] the Issur is nullified in a ratio of 2:1.[6] Nevertheless even though the Issur is nullified, according to all it is forbidden for a single person to eat the entire mixture simultaneously [as in such a case one is certainly eating an Issur piece[7]]. However regarding if a single person may eat it one after the other and whether one piece must be throw out there is difference of opinions:
- First Opinion:[8] If there is a ratio of 2:1 against the Issur then although it is forbidden to eat the entire mixture simultaneously nevertheless it is permitted for a single person to eat the entire mixture one after the other [as in such a case by each bite one can claim that the other piece is the Issur piece and not the piece that he is eating].
- Second Opinion[9]: Even when the Issur is nullified in a ratio of 2:1 nevertheless it is forbidden for any single Jew to eat the entire mixture, whether simultaneously or one after the other. [However one may eat the mixture up to the last piece and give the last piece to another Jew.]
- Third Opinion[10]: There are those which are stringent to throw out one of the pieces of the mixture or give it to a gentile, [in order so they not all be eaten by Jews].
- Final Ruling:[11] One is to initially follow the second opinion [that a single Jew may not eat all the pieces, even one after the other, although two Jews may eat all the pieces]. Regarding the opinion which says one is to throw out one of the pieces, this matter is a mere stringency.
What is the law by a Rabbinical Issur solid that became mixed with Mino solids?[12] In the above laws there is no difference in ruling between if the Issur is Biblically forbidden or only Rabbinically forbidden, [and hence a ratio of 2:1 is always required[13]].
The Issur is an Issur Mashehu:[14] If an Issur Mashehu became mixed Min Bemino Yaveish Beyaveish [such as Chameitz with Matzah] then it is disputed whether we rule the Issur is never nullified or it is nullified in majority just like other Issurim. [Admur in Shulchan Aruch Harav[15] rules that Chameitz on Pesach is never nullified, even in mixtures of Yaveish Beyaveish.]
Must one have 2:1 versus the Issur or does majority suffice:[16] One follows majority of the Heter pieces. Thus even if one has two small Heter pieces versus one large Issur piece[17], so long as there is majority Heter versus Issur when the two pieces are combined, then the mixture is Kosher.[18] [However there are opinions[19] which hold that Rabbinically one is required to have an actual 2:1 ratio. Thus one must have double the amount of Heter in the pot versus the Issur, and a mere majority of Heter does not suffice.[20] Practically it requires further analysis to verify how we rule.[21]
According to all the above only applies if there are at least three pieces in the mixture and hence there are at least two Kosher pieces versus the Issur piece. However if one has one very large piece and one small piece then even though there is more in one piece than the other everything is forbidden as there is doubt as to which piece is the Issur and which the Heter.[22]]
B. Cooking the entire Yaveish Beyaveish mixture together:[23]
Case: If a piece of cold Niveila cow meat became mixed with a few pieces of cold Kosher cow meat [Min Bemino] and one does not recognize which piece is the Issur piece, the Issur piece is nullified and the mixture may be eaten so long as it is not eaten by a single person simultaneously, as explained above. May this entire mixture be cooked together? If not what is the law if one went ahead and cooked the entire mixture?
The law: In all cases that the Issur solid has become nullified to the Heter solids in a 2:1 ratio it is forbidden to cook the entire mixture of Yaveish Beyaveish together if in the pot there isn’t 60x of Heter versus the Issur.[24] If there is 60x of Heter versus the Issur it is permitted to cook the entire mixture together.
May one add Heter to the pot to reach a ratio of 60x? It is even initially permitted to add more Heter to the mixture in order to have a total of 60x when one cooks it.[25]
The law if one transgressed and cooked the entire mixture together without 60x:
- Michaber:
If one cooked the mixture without 60x of Heter versus the Issur everything is [Rabbinically[26]] forbidden, as the Issur has given taste to everything in the pot.[27] This applies even if one cooked the pieces with intent to eat them separately.
- Rama:[28]
Other Opinions- Noda Beintayim[29]: There are opinions[30] which say that if one already knew about the Yaveish Beyaveish mixture of Issur with Heter before cooking them together, and there was a 2:1 ratio of Heter versus Issur, then even if there isn’t 60x in the cooked food, everything is Kosher. The reason for this is because the Issur had already become fully nullified [and hence is now considered like a Kosher food[31]]. However in a case that one only became knowledgeable that the Issur mixed with the Heter after he already cooked the mixture then one 60x is required.
The final ruling of Rama: One may be lenient like the second opinion in a case of loss, and thus permit the mixture even after it had been cooked together without 60x, if one knew of the nullification before the cooking.
C. Cooking part of the mixture in one pot and the other part in another pot:[32]
In all cases that the Issur solid has become nullified to the Heter solids in a 2:1 ratio it is permitted to cook the mixture in two different pots [meaning 2 pieces in one pot and 1 piece in another pot] even without 60x.[33]
The law if Lo Noda Beintayim: If one only discovered that the Issur had originally became mixed with the other two Heter pieces after they had been cooked in two separate pots, the Bach rules that even in such a case everything is Kosher even without 60x. The Shach[34] however rules that all the foods in the two pots are forbidden unless there is 60x in each pot.[35]
D. The Issur solid fell straight into the stew which contains Mino and Eino Mino Heter:[36]
Example: If an Issur piece of cow meat fell into a hot pot of Kosher cow meat and gravy what is the law of nullification?
The law: If one has 60x in the entire pot [i.e. meat and gravy] versus the Issur then the Eino Mino [i.e. gravy] is permitted. However the Mino [i.e. pieces of Kosher meat] is only permitted if either one recognizes the Issur piece and removes it, or if one does not recognize the Issur piece then he must have a 2:1 ratio of Kosher pieces against the Issur. If there is not a total of 60x in the pot then everything is forbidden irrelevant of the ratio of Kosher meat to the Issur meat.
2. Min Beino Mino:[37]
Case –Min Bieino Mino Yaveish Beyaveish: If a solid Issur became mixed with solid Heter of a different species and one cannot distinguish the Issur piece from the other pieces, what is the law of nullification?
The Law by a Biblical Issur: If the Issur piece is a Davar Chashuv [Such as Charal, See chapters 101 and 110] it is never nullified irrelevant of the ratio and everything is forbidden. If the Issur is not a Davar Chashuv then by mixtures of Min Beino Mino the Heter [Rabbinically[38]] requires 60x versus the Issur piece[39] [if the Issur is a Biblical Issur[40]]. [One must measure 60x versus the largest piece in the mixture being one does not know which piece is the Issur.]
The law by a Rabbinical Issur?[41] The Rama writes that in the above laws there is no difference in ruling between if the Issur is Biblically forbidden or only Rabbinically forbidden. [This implies that even by Rabbinical prohibitions of Yaveish Beyaveish 60x is required by Eino Mino mixtures.[42] However the Shach[43] proves that by a Rabbinical prohibition of Yaveish Beyaveish the Issur is nullified in 2:1 even by Eino Mino.[44] The Shach concludes that in truth perhaps even the Rama’s intent was only with regards to Min Bemino, and he intended to say that even by a Rabbinical Issur one requires a ratio of 2:1 and a 1:1 ratio does not suffice.]
How is it possible to have a mixture of Min Bieino Mino and not recognize the Issur:[45] This can occur in a case that the pieces in the mixture were cut very small and one thus can no longer recognize which piece belongs to which species. Alternatively it can occur if one slaughtered three different species of animals and mixed their meats together and then discovered one of the animals are not Kosher.[46]
3. The status of Issur flour that became mixed with Kosher flour:[47]
- Shach[48]; Taz:[49]If Issur flour falls becomes mixed with Heter flour of the same species the mixture is defined as Lach Belach [and thus the Heter requires 60x versus the Issur].[50]
- Peri Chadash:[51]
In a case of great loss one may be lenient to consider flour with flour mixtures as Yaveish Beyaveish.
- Admur in Shulchan Aruch Harav:[52]
Admur first brings the opinion of the Shach and Taz that it is considered a mixture of Lach Belach. He then brings a dissenting opinion[53] which rules that flour in flour has a status of Yaveish Beyaveish unless they were ground together as kernels in which case according to all they have a status of Lach Belach. Admur concludes that one may be lenient in a case of great loss.
General Summary:
Min Bemino: If a dry cold Issur became mixed with dry cold Heter then if they are of the same species [which is defined by whether they have the same taste] then if the Issur is a Davar Chashuv it is never nullified. If the Issur is not a Davar Chashuv the Issur is nullified in a ratio of 2:1. Nevertheless a single person may not eat all the pieces in the mixture whether simultaneously or one after the other. Rather one is to have another person eat one of the pieces, and some are stringent to give one of the pieces to a gentile or dog.
One may not cook the entire mixture together unless he has 60x of Heter versus the largest piece in the mixture. If one cooked it without 60x the entire mixture is forbidden although in a case of loss one may be lenient if he knew about the mixture prior to cooking it. In such a case that one knows of the Issur prior to cooking one may cook the mixture in two separate pots even if there isn’t 60x.
Min Beino Mino: If the Issur and Heter food are not of the same species then 60x is required even if the Issur is not a Davar Chashuv. However some rule that by a Rabbinical Issur one may be lenient to suffice with a 2:1 ratio even if the mixtures are not of the same species.
[1] 109/1
[2] This means to say that the pieces are large enough to be distinguishable from each other, unlike a mixture of very small particles of Issur and Heter in which case the Issur is undistinguishable from the Heter. An example of such a case would be if Issur flour became mixed with Kosher flour. In such a case the Issur is undistinguishable from the Heter.
[3] Michaber ibid; Shach 109/1
[4] Rama ibid
[5] Shach 109/2
[6] The reason why it is nullified 2:1 and 60x is not required is because the verse states that one is to follow majority. [Taz 109/1] Now although by mixtures of hot Eino Mino 60x is required by Biblical law, this is only due to that the Eino Mino Issur gives taste to the Heter, however by Min Bemino since no recognized taste is given [being they have the same taste] therefore even by mixtures of Lach Belach of Min Bemino [liquid with liquid] Biblically it suffices to have majority. It is only Rabbinically that 60x is required in such a case [due to a decree of Min Beino Mino]. Now, by cases of Yaveish Beyaveish that no taste at all has been transferred, not even Mino taste, the Sages were not stringent to require 60x [due to mixtures of Eino Mino, as even by mixtures of Eino Mino Yaveish Beyaveish, Biblically majority suffices]. [Taz 109/2]
[7] Taz 109/1; Shach 109/7
Thus if there are three pieces in the mixture it is permitted to eat two pieces together and then eat the third piece, or vice versa, as it is not certain that one is eating the Issur piece being one piece is not currently being eaten. It is only regarding eating all three pieces together that we are stringent because he is certainly eating the Issur piece at that time. [Shach ibid]
[8] First and Stam opinion in Michaber ibid
[9] Yeish Mi Sheomer in Michaber
[10] Brought in Rama ibid
[11] Rama ibid
[12] Rama 109/1
[13] This excludes the opinion Hagahos Sheid that by a Rabbinical prohibition it is permitted in a ratio of 1:1. [Shach 109/9]
[14] Shach 109/5
[15] 447/1
[16] Shach 109/6
[17] Meaning that one does not know which piece is the Issur and which the Heter and one thus must assume that the largest piece is the Issur, then one is not required to have 2x versus that piece but simply majority versus that piece.
[18] Thus if the large piece is 50 grams and one has two smaller pieces one being 25 grams and the other 26 grams, then everything is Kosher as one has more Heter than Issur. [Peri Megadim 109 S.D. 6]
[19] Minchas Yaakov Klal 39/1 brought in Peri Megadim 109 S.D. 6.
[20] Thus according to this opinion if one has three pieces and one piece is 50 grams while the other two are 50 and 49 grams it is not permitted. If however all three pieces are 50 grams then it is permitted.
[21] Peri Megadim ibid
[22] Peri Megadim 109 S.D. 6
[23] 109/2
[24] As the Issur will give taste to the gravy which is not the same species as the Issur. This gravy will then enter into the Heter pieces and prohibit them. [Michaber ibid]
[25] The reason one may cook the mixture with 60x even initially: As the Issur solid is already considered nullified in 2:1 and thus cooking with 60x is merely preventing the Issur from becoming re-aroused and is not considered to be nullifying an Issur. [Taz 109/3; Shach 109/13]
[26] Shach 109/12 explains that it is a merely Rabbinical decree that 60x is required if Nodah Beintayim, as once the Issur has become nullified in 2:1 it is now considered Biblically like Heter. It is only Rabbinically that 60x is required when one cooks it all together as the mixture is similar to Lach Belach
[27] The Issur gives taste to the gravy which is not the same species as the Issur. This gravy in turn enters into the Heter pieces and prohibits them. [Michaber ibid]
[28] Rama 109/2
[29] This means that one knew about the mixture of the Issur and its nullification prior to the cooking.
[30] Tur in name of Rosh
[31] Taz 109/4
[32] Shach 109/12
[33] As once the Issur has become nullified in 2:1 it is now considered Biblically like Heter. It is only Rabbinically that 60x is required when one cooks it all together as the mixture is similar to Lach Belach. However when cooking it in two separate pots the Sages never made their decree as possibly the Issur is in the other pot, just as we rule regarding eating the entire mixture one after the other. [Shach ibid]
[34] 109/12
[35] As since one did not know of the Yaveish Beyaveish mixture before it became cooked, the Issur never became Biblically nullified in 2:1. Hence the Issur is still considered a Biblical Issur and now since there is doubt as to which pot it was cooked in each pot contains a Biblical doubt as to whether it contains the Issur and is therefore forbidden unless it has 60x. [Shach ibid]
[36] Shach 109/4
[37] Rama 109/1
[38] Shach 109/10 explains that the 60x is only Rabbinically required. See next footnote!
[39] The reason: Biblically one only requires a 2:1 ratio by mixtures of Yaveish Beyaveish, even if they are of different species, as there is no transference of taste into the Heter. However the Sages decreed that 60x is required by Min Beino Mino of Yaveish Beyaveish. The reason for this is because they suspected that if they allowed such a mixture to be nullified in 2:1 then one may come to cook the mixture in which case 60x is Biblically required due to transference of taste. However by Yaveish Beyaveish of Mino since even Lach Belach of Mino Biblically only requires majority, therefore by Yaveish they did not make any decree. [Taz 109/2; Shach 109/9]
Question of Taz: The Taz ibid asks why earlier in 98/2 we rules that in a case of Min Bemino and Eino Mino that spilled if there is majority of Mino versus the Issur than the Eino Mino is permitted being we view the Mino as Kosher. This is because once a Mino Issur has become nullified in majority we view it as Kosher, and hence its taste is now Kosher taste. Thus here too by Min Beino Mino of Yaveish Beyaveish since Biblically the Issur is nullified in 2:1 it should now become Kosher and there should therefore not be any problem to even initially cook the mixture together. How then can we decree that 60x is required because one may come to cook it together. The Taz answerers that only in the previous case in 98/2 where there was no distinct taste of Issur within the Eino Mino [being that there was also Kosher Mino in the mixture] do we say that the Eino Mino is permitted. However in this case since only the Issur gives its taste to the Eino Mino therefore 60x is required even by Yaveish Beyaveish. [Thus according to the Taz if an Issur fell into Mino and Eino Mino and one does not recognize the piece then it should be nullified in 2:1. However according to the Shach in 98/2 the Eino Mino is always forbidden.]
[40] Shach 109/9 unlike the simple understanding of the Rama here. See next regarding the law of a Rabbinical Issur.
[41] Rama 109/1
[42] This is the simple understanding of the Rama. However the Shach gives an alternative explanation as explained next. [Shach 109/9]
[43] 109/9 and so rules Beis Yosef as is understood from Ran
[44] As the entire reason for why 60x is required by Eino Mino of Yaveish Beyaveish is because one may come to cook the mixture, and here since even if one cooks the mixture there is no Biblical prohibition therefore the Sages did not decree against nullifying the Issur in 2:1. [Shach ibid]
[45] Shach 109/8
[46] One cannot suggest [as does Hagahos Sheid 39] that the two species have the same taste but different names as such a case is in truth defined as Min Bemino. [Shach ibid]
[47] Shach 109/3
[48] 109/3 in name of Bach
[49] Orach Chaim 453/2
[50] The reason for this is because the Issur flour mixes into the Heter flour to the point it is not individually recognizable and the law of Yaveish Beyaveish only applies when the pieces are separate from each other.
[51] 447/9
[52] Orach Chayim 447/1
[53] Taz ibid in his opinion of the Michaber
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