Shiur 1: "Official" Answers updated 9/15/05
Review Answers Shiur 1
1) "Min b'mino" refers to a mixture of food in other items of the same "type." Thus a mixture of kosher meat with nevaila meat is min b'mino (if they are both from a cow). "Min b'aino mino" is a mixture of foods of one type in another type. Thus a piece of neveila meat that falls into vegetable soup is min b'aino mino
2) There are 3 methods we use to determine if an issur has rendered heter ossur: kafeila, taste, and 60.
A "kafeila" literaly is a professional chef. We ask the kafeila to taste the mixture and tell us if there is a taste of the issur in it. This only works if it is min b'aino mino.
Taste can also be discerned by a non-expert. Thus a Kohen can taste a mixture of ma'aser and chullin to determine if the ma'aser has given taste to the chullin.
L'ma'aseh, we go by 60. If the heter is 60 times the issur by volume the mixture is permitted. (The issur still needs to be removed if it is nikar, and the mixture is still forbidden even with 60 if you can taste the issur.)
3) "Mas'la't" is "masiach l'fi tumo" and refers to providing information without knowing that the information is of importance. For example, a
piece of nevelah meat falls into my pareve vegetable soup. I tell a non-Jew that I am having an arugemnt with someone whether it has a meat taste.
4) Concerning the non-Jewish taste tester, there are 4 shitot that depend on kafeila and maslat:
1. Rashba -- we require either kafeila or maslat to believe the taster.
2. Rosh -- we require both kafeila and maslat.
3. Tosefot / Ran -- we require kafeila; maslat is irrelevant.
4. Rambam -- we require neither kafeila nor maslat.
5) Rashi will believe a non-Jew kafeila only if the heter is at least 60 times the issur.
6) The Mechaber believes a kafeila. The Mechaber explicitly allows maslat by a non-Jew. The only shitat rishonim to hold this way is the Rashba and he also allows kafeila. Thus the Mechaber holds like the Rashba and allows a kafeila.
7) The Rama does not believe a kafeila -- he holds by 60 in all cases and does not rely on a taste test. This is the halacha l'ma'aseh.
8) The Mechaber relies on maslat in our case even though the law states clearly that we only rely on maslat for eidut isha because:
1. Efshar l'mikam ala -- it is possible to independently verify what the goy said by maslat. After hearing the statement, a Jew can taste it to verify the statement.
2. The Taz says we accept maslat because this is not eidut, it is simply a clarification of facts.
9) The Rama doesn't rely on maslat because (according to R' Akiva Eiger) he wants to be strict by the opinions of all the Rishonim. Because maslat and kafeila are contradictory, he thus holds by neither. The other option would be to have two tasters, one kafeila and one maslat.
10) L'ma'aseh, we do not rely on maslat. We require 60 in all cases.
11) We can rely on the average Jew to determine if a tznon has meat taste. We know this because the Rama specifically said we cannot rely on a non-Jew -- he did not say that we do not rely on a taste tester at all.
12) According to the Taz food that is sofek ossur may be licked (however this will not help determine whether the food is ossur). According to the Shach even if a food is ossur d'rabbanan but mutar d'oraita, we don't allow the food to be tasted at all. According to the Tzemach Tzedek food that is ossur d'rabbanan may be placed in one's mouth if it is not swallowed. L'halacha the Pri Megadim disagrees.
13) The only food that can be tasted on the tongue without concern that it will be eaten is food that we know is pagum such as food mixed with soap.
2 Comments:
Question to the Rav: By permissible food do you mean to exclude basar tameh ? If so, is a taaruvot of basar tameh and basar tahor considered min b'aino mino even if the tameh and tahor meat tastes the same. (Without personal knowledge of course, I have heard rabbit tastes like chicken). As a more extreme example, what is the status of a kosher locust mixed with a nonkosher locust which I would assume certainly taste the same?
Answer: The word permitted is really extra. Min b'mino is any mixture of the same type. Thus meat of a cow that was not slaughtered properly with meat of a cow that is kosher is min b'mino. Basar tameh and kosher meat would depend on what we learn in shiur 2. According to the Rama it is definitely min b'aino mino since they have different names. According to the Shach rabbit meat and chicken would be min b'mino if they taste the same. The same would apply to locust, if they taste the same they would be min b'mino.
Question #10: We do not rely on Maslat. Yet in the case of a questionable hadacha achrona after melicha we accept either yotzeh v'nichnas Or maslat. Why the difference by taaruvot?
The answer is that if hadachs achrona was not done it is only an issur d'rabban and we have the added reason of kapdi ankiyusa (the gentiles are factitious about cleanliness).
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