*As an Amazon Associate I earn from qualifying purchases.
The law if one used a non Ben Yomo dairy spoon for hot meat or vice versa:
Definition of Ben Yomo:[1] A utensil which is within 24 hours of being used with hot milk or hot meat of a Keli Rishon is considered Ben Yomo. If, however, it was used with hot meat or milk of a Keli Sheiyni the vessel is not considered Ben Yomo even within 24 hours of its use.[2] [However, some Poskim[3] rule the vessel is considered Ben Yomo even if used with hot milk or meat of a Keli Sheiyni, if the Keli Sheiyni was Yad Soledes. If one knows that a vessel was used with hot meat/dairy within the past 24 hours, but is unsure if it was a Keli Rishon or Keli Sheiyni, then we assume that it was used with a Keli Rishon if it is common to do so, and it is considered Ben Yomo.[4] However, if one is in doubt whether or not the spoon was Ben Yomo at all, then it assumed to not be Ben Yomo.[5]]
The law of the food:[6] Although it is initially forbidden to use a dairy spoon to serve or mix a hot pot meat even if the spoon is clean and is not Ben Yomo[7], and the same applies vice versa, nonetheless, Bedieved, in all cases that this was done, even if the pot of meat was on the fire, the food remains Kosher so long as the following conditions are fulfilled:
- The meat food is not defined as a sharp food, Charif. [However, if the food is sharp, everything is forbidden even if the spoon is not Ben Yomo.[8]]
- The spoon was clean of dairy residue, or was not clean but there is 60x versus the residue within the food that is in the pot. [A spoon is assumed to be cleaned from any residue unless one knows for certain that it was not cleaned well.[9]]
The law of the spoon: If the spoon[10] was clean and not Ben Yomo, then it is initially forbidden to use it any longer for hot milk or meat [even after 24 hours have passed[11]].[12] However, from the letter of the law, it is permitted to even initially use it for hot Pareve foods.[13] [Nevertheless, the custom of Ashkenazi[14] Jewry is to forbid using the spoon even for Pareve, and it thus needs to be Koshered.[15] Bedieved, if one used this spoon for hot meat or milk the food is permitted, so long as it was used after 24 hours from the opposite use.[16]]
Summary: If one used a dairy spoon for hot meat, or vice versa, then if the spoon was clean and not Ben Yomo and the meat food is not defined as a Davar Charif, then the food is permitted while the spoon is forbidden and must be Koshered.
Q&A What is one to do if in middle of mixing the meat, one realized the spoon is dairy but not Ben Yomo?[17] One is to immediately remove the spoon from the pot and he may then continue cooking it as usual. What is the law if one cooked a sharp food in a non-Ben Yomo meat pot and used a non Ben Yomo dairy vessel to mix it?[18] If the dairy vessel is not Ben Yomo, then if the sharp food was already cooked and no longer sharp by the time the dairy vessel was inserted[19], the food is Kosher while the dairy utensil must be Koshered. If the sharp food was still sharp by the time the vessel was inserted, everything is forbidden unless there is 60x in the food versus the vessel, in which case the vessel is to be Koshered and the food is Kosher.
When is a cooked food which contains sharp ingredients defined as Charif?[20] A food mixture which contains Charif ingredients is viewed in accordance to the majority ingredient of the mixture to determine its Charif status. If the majority of the food is not made up of sharp ingredients, then it is not considered sharp. [However, regarding sharp spices, so long as the spicy taste is felt within the dish it is considered spicy even if it is the minority of the food.[21] If, however, honey was added to the food, then it nullifies the sharpness of the sharp foods, and the mixture is no longer considered sharp.[22] If a Davar Charif was first cooked alone in the pot and only afterword’s one added the other ingredients, it has the status of a Davar Charif even if the other ingredients are majority.[23]] [Regarding the status of a Charif after it has been cooked-See Q&A!] What is the status of a cooked Davar Charif: Some Poskim[24] rule that all sharp foods [such as onions[25] or garlic] which are cooked, lose their Charif status. Thus, if after cooking onions and garlic in a Pareve pot one cut them with a meat knife, one may still eat the onions with milk [so long as he scrapes off the cut area]. However, other Poskim[26] rule that many sharp foods retain their Charif status even after they are cooked, as can be readily tasted, and hence in the above example, it is forbidden to eat the onions with dairy. [Practically, every sharp food is to be individually judged as to whether its sharpness has dissipated after the cooking.[27] Thus, Jalapeño peppers are considered sharp even after they are cooked, while onions and beets are not considered sharp after they are cooked.[28] In all cases, if the sharp food was cooked in a dairy or meat pot, they have already attained a dairy or meat status due to the cooking, and do not lose that status even after they are fully cooked.] How does one Kosher a spoon that became forbidden due to Basar Bechalav? All vessels made from Kosherable materials [i.e. wood without cracks and crevices[29], metal[30], plastic according to some Poskim[31]] only require Hagala even if they became forbidden through absorbing meat or dairy without liquid.[32]
|
___________________________________________
[1] Rama 94:1; Shach 94:1 and 95:13; Opinions in Taz 94:1; Taz 95:12; Issur Viheter; Toras Chatas 57:13 that so is custom; Lechem Hapanim 95:22; Kaf Hachaim 95:47; See Admur 451:34 and Halacha 1B regarding Keli Sheiyni
[2] The reason: As a Keli Sheiyni does not absorb taste into a utensil.
[3] Taz 105:4 [unlike Taz 95:12]; Peri Chadash 95:15; Lechem Hapanim 95:18; Beis Lechem Yehuda 95:11 that the custom is like the Peri Chadash ibid; See Kaf Hachaim 95:41; 68:39; See Admur 451:34 and Halacha 1B regarding Keli Sheiyni
[4] Chavas Daas 95:14; Kaf Hachaim 95:40-41; See also Issur Viheter, brought in Toras Chatas ibid and Shach ibid
[5] Michaber 94:7
The reason: As a Stam vessel is not considered to be Ben Yomo. [Taz 94:13]
[6] Michaber 93:1
[7] Michaber Y.D. 93:1; Chulin 97a
The reason: As it is initially forbidden to give even spoiled meat taste to milk.
[8] See Q&A!
[9] Shach 95:1; Kneses Hagedola 95:23; Peri Chadash 95:2; Minchas Yaakov 58:17; Admur 447:51; 452:7; Lechem Hapanim 95:1; Beis Lechem Yehuda 95:1; Kehilas Yehuda 95:1; Beis Yitzchak 95:1; Zivcheiy Tzedek 95:6; Kaf Hachaim 95:6
[10] This law only applies if the vessel has been used in the past for hot dairy, or has been washed with hot dairy, or has had dairy soak in it for 24 hours. Otherwise, the vessel remains Kosher and is now meaty.
[11] The reason: As the pot now contains milk and meat taste which will enter into the meat/milk which one cooks inside. This is forbidden even past 24 hours as it is forbidden to Lechatchilah give a spoiled meat/milk taste to milk/meat. [Shach 93:3; Peri Chadash 93:3; Lechem Hapanim 93:4; Beis Lechem Yehuda 93:3; Chavas Daas 93:2; Zivcheiy Tzedek 93:5; Kaf Hachaim 93:12]
[12] Michaber ibid
[13] Rama ibid; Shach 93:3; Peri Chadash 93:4; Lechem Hapanim 93:5; Kaf Hachaim 93:16
The reason: The reason for this allowance is because the meat and milk taste in the pot have never combined to become Basar Bechalav, as the meat was not Ben Yomo. Thus, the taste of meat and milk which enters into the Pareve food is not an Issur taste.
[14] Kaf Hachaim 93:16 that Sephardim never accepted this custom and hence they may use the pot for Pareve. Nonetheless, even Sephardim may not use this pot on a set basis.
[15] Shach 93:3 based on Rama in 94:5; Beis Lechem Yehuda 93:4; Chavas Daas 93:3; Kaf Hachaim 93:16; 94:54
The reason: As we suspect one may come to use the pot with meat or milk. [Kaf Hachaim 93:16]
[16] Meaning, Bedieved, if one cooked meat in this pot, the food is forbidden if it was cooked within 24 hours of cooking the milk, and is permitted if it was cooked after 24 hours of cooking the milk. If one cooked milk a second time in this pot, even within 24 hours of cooking the first milk, then it always remains permitted as the pot was not Ben Yomo from meat during the first cooking of milk, and hence did not become Ben Yomo due to the milk. [Shach 93:3; Peri Chadash 93:3; Lechem Hapanim 93:4; Beis Lechem Yehuda 93:3; Chavas Daas 93:2; Zivcheiy Tzedek 93:5; Kaf Hachaim 93:12]
[17] Issur Viheter 35:3; Kol Eliyahu Y.D. 1:10; Erech Hashulchan 93:7; Zivcheiy Tzedek 93:13; Kaf Hachaim 93:18
[18] See Hakashrus 10:117
[19] See coming Q&A
[20] Rama 95:2; Taz 103:9
[21] Taz 103:9; Darkei Teshuvah 95:41
[22] Toras Chatas 85:21; Halacha Pesuka 95:12; Zivcheiy Tzedek 95:20; Kaf Hachaim 95:30
[23] See chapter 96 Halacha 5 in Q&A!
[24] Nachalas Shiva 68; Panim Meiros 1:64; Minchas Yaakov 36:8; Beir Heiytiv 96:4; Lechem Hapanim 96:7; Beis Lechem Yehuda 96:5; Halacha Pesuka 96:1; Makom Shmuel 90; Agura Beohalecha Y.D. 29; P”M 108 S.D. 9; Darkei Teshuvah 95:39; Opinions brought in Pischei Teshuvah 96:4 and Kaf Hachaim 96:12
[25] Makom Shmuel ibid in name of Chachmei Prague; Pischeiy Teshuvah ibid
[26] Pischeiy Teshuvah ibid; Erech Hashulchan 96:6 based on Rashab 497; Beir Yaakov 103 in name of Rav Yosef, brought in Pischei Teshuvah 96:4
[27] Kaf Hachaim 96:12
[28] Kaf Hachaim ibid
[29] Admur 451:25
[30] Admur 451:25
[31] Some Poskim rule it has the same status as earthenware, and is thus not Kasherable. [Igros Moshe 2:92; Kinyan Torah 2:84; Lehoros Nasan 6:69] Others rule it is Kasherable. [Chelkas Yaakov 2:163; Minchas Yitzchak 3:67; Tzitz Eliezer 4:6; Chazon Ovadia; Beir Moshe 2:53; ]
[32] Admur 451:13 in gloss; 1st approach in Shach 121:7; unlike 2nd approach in Shach ibid, based on ruling of Ramaz, 96 that requires Libun Chamur even by Basar Bechalav if it absorbed meat or dairy directly without liquid; See Pesakim Uteshuvos 121:7; See also Hakashrus 1:37 and footnote 67 who writes that baking pans cannot be Koshered at all, as they require Libun Chamur. Based on above, however, this is inaccurate, as Hagala suffices in the scenario that one simply cooked meat in it after cooking milk or vice versa.
Leave A Comment?
You must be logged in to post a comment.