Tuesday, December 22, 2015

The Case Of The Fish That Fell Into The Cholent Pot

We all know that one may not eat fish and meat together because Chazal considered it a danger [see Pesachim 76b and Chullin 97]. What is the halacha if a small piece of fish falls into a [meaty filled] cholent pot, such that there is more than 60 times meat than the fish that fell in. Do we say that it is nullified? Meaning, do we employ the rules of bittul in cases of danger? The same question would apply to water that was exposed and there is a concern that a snake injected some venom inside [in a place where there are snakes]. If this water would fall into previously non-exposed water and there is more than 60 times "kosher" water, do we employ the rules of bittul??

That is a major machlokes among the poskim, some say that it is nullified while some argue that it is not. [The opinion that maintains that there is bittul in cases of danger requires an explanation. "Bittul" is a halachic concept. How does that change physical reality? A drop of milk can be nullified on halachic grounds but how can a danger be neutralized? Unless there is so little of the dangerous item that it is no longer a danger. See the sefer Mishnas Pikuach Nefesh 5]. 

Our question would hinge on this machlokes. We can also make use of the opinion of the Magen Avraham [173/3 see M.B. 178/3] that many of the things that were deemed dangerous in the time of Chazal are no longer dangerous. If so, we can be lenient if there is 60 times meat.

If there is not 60 times - may we intentionally add more meat to create a situation of bittul?? Generally we have a rule that אין מבטלין איסור לכתחילה - one may not intentionally nullify prohibited food. [There is a machlokes if this prohibition is biblical or rabbinic. עי' אינצ. תלמודית בערכו] However, maybe here the food is not considered איסור per se because it is not unkosher but merely dangerous, we may nullify the food intentionally.

For more information, see the Yabia Omer [1/7-8], Chelkas Yaakov [2/10] and שמעתתא עמיקתא במדבר תשע"ג and many other places.......  It is presumptuous to pasken heavy-duty Yoreh Deah questions on a brief blog post:-). 

לע"נ חיים גבריאל בן ידי"נ הרב אהרן חנינא הכהן