Author Topic: Shulchan Aruch/Yoreh Deah/102  (Read 3030 times)

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Offline rabbicummings

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Shulchan Aruch/Yoreh Deah/102
« on: January 29, 2014, 03:50:33 PM »
Seif 1: Anything which has the potential to become permitted [even though currently it is forbidden], such as an egg which was laid on a festival (yom tov) which is acceptable the following day, if such a thing is mixed with other things, whether it is in tact or torn to pieces, this is not nullified in the mixture, even if there is 1000 times the amount of the item in the entire mixture. And even if there is some doubt as to whether the egg was laid on yom tov and it has mixed with other things, they are forbidden. But if it is mixed with things which are of a different species, it can be nullified by 60x.
 
Seif 2: There are those who say that [the Sages] only applied the term d'var sh'yesh lo matirin to something that will--without a doubt--become permitted in the future, or if there is a way of permitting it by human [and not time-bound] means without a monteary loss. However something that cannot be permitted by a person, and will not certainly become permitted in the future, is not considered a devar sheyesh lo matirin. Therefore an egg, about which we have a doubt whether or not it is born of a treifah animal, that becomes mixed up with other eggs is not considered a devar sheyesh lo matirin since it will not certainly become permitted in the future and there is nothing a person can do to permit it.
 
Seif 3: A dish that became prohibited by absorbing something forbidden (not kosher), which has been mixed with other dishes and cannot be recognized as the dish that had been tainted, [can become] nullified by a majority and it is not treated as something that has the potential to become permitted again (since one must spend expenses to kasher the dish by boiling it, and so too in every similar situation).
 
Seif 4: There are those who say that the category of davar sheyesh lo matirin is not relevant where the food spoils. Gloss: That is, that something which has the potential to become permitted cannot be nullified. That is, specifically, when the forbidden thing can been seen with the naked eye, or when there is still significance to the prohibition when the food is mixed with something else, but its taste has been nullified. And this is true in the case where the forbidden item is not nullified on its own, and thus, a piece of meat which has not been salted within 3 days of being slaughtered, even though there are those who say that something this has the potential to become permitted since it is permitted when it is roasted, even in this case would be considered nullified since it was only prohibited on account of blood which has been absorbed in it. Every forbidden thing which was not recognizable prior to it being mixed is considered to be nullified even though it is something that is considered “davar sheyesh lo matirin.” Someone who took a vow not to eat something and it became mixed later with something else is considered “davar sheyesh lo matirin” since it is possible to ask him about his vow. Something which is permitted and then becomes forbidden, like leaven on Passover, is not considered “davar sheyesh lo matirin.” And there are those who disagree with this and do not consider something “davar sheyesh lo matirin” unless it became permissible to the person to whom it was forbidden. But if it remained forbidden to that person forever even if it becomes permissible to others, like when someone cooks on Shabbat, this is not considered “davar sheyesh lo matirin.”
Rabbi Franklin Cummings (Elkana Ben Avraham)