shiur 6: "Official" Answers as of 9/18/05

Review Answers Shiur 6

1) "Ein mevatlin issur l'chatchila" is d'oraita according to Rashi and the Ravad and d'rabbanan by the Ran and Rashba. The Noda B'Yehuda holds that it is d'oraita for mamashos but d'rabbanan for ta'am.

2) The Taz says that if one does not intend to be mevatel the issur, it is mutar, e.g liquefying honey so that insects can be easily strained is mutar even though the taste of the insects is nullified. The Taz only allows this if there is no other way of removing the insects, but the Mishbetzot Zahav allows it if there is another option which will be bothersome. In other words, the Taz permits it only if there is no other option whatsoever, but the Mishbetzot Zahav effectively permits it if there is no other FEASIBLE option.

3) We are gozair shogeg atu meizid in the case of throwing one of the issur into the sea. We are gozair in such a case according to the Taz because the food as it is l'faneinu is ossur and we would have to rely on the person's statement of mapil to matir the food. According to the Bach because people might be mapil b'maizid. According to the Issur V'heter the case of throwing into the sea is a case of noda (where we knew that there was issur in the ta'aruvos) and all cases of noda are assur.

4) If he did not know that it was assur, that is considered to be beshogeig and the food is mutar - Taz.

5) L'halacha, a Rabbi need not ask if more heter was added after the issur fell in. We judge by the food as it appears l'faneinu; ain machzinin issura.

6) According to the Issur V'Heter, the main factor that causes the food to be assur is noda -- the food becomes ossur when you are aware that the issur fell in, not when the issur fell in. According to the Shach, the main factor is when the issur fell in, not when you became aware of it. The nafka mina is if additional heter (enough to mevatel the issur) was added between the time the issur fell in and the time you were noda -- according to the IV"H, the food is permitted; according to the Shach, it is ossur. The Rama holds like the Issur Vheter.

7) The Shach and Rama agree that if a piece became ch'n'n no additional heter will ever matir it. They disagree on noda / lo noda. The Rama holds like the IV"H that heter added before you knew the issur fell in can help mevatel the issur; the Shach holds that it cannot.

8) L'chatchila, we are machmir in a case of hefsed m'rubeh, but if someone is maikil in a case of hefsed m'rubeh in a case where the issur was removed or the pot cooled before it was noda , we do not protest.