Friday, February 5, 2021

Three basic koshrut principles about mixtures of permitted and forbidden foods TB Pesakhim 76

If you’re interested in studying or reviewing some laws of kashrut, today’s daf TB Pesakhim 76 was made for you. Generally speaking, we are concerned about the transfer of taste between forbidden foods and permissible foods or dairy products and meat products. According to halakha taste can only be transferred in four ways: 1, heat; 2, salting (chemical heat); 3,pickling in a liquid for 24 straight hours; and 4, fat. The Gemara presents the disagreement between Rav and Shmuel.

“Based on the mishna ( found on TB Pesakhim 75b-gg), the Gemara introduces a general discussion concerning the halakhot of forbidden foods that come into contact with other foods. It was stated that the amora’im disagreed with regard to these matters, but first the Gemara mentions the cases that are clear: If a hot food item falls into another hot item, e.g., hot meat falls into boiling milk or hot permitted meat falls into hot prohibited soup, all agree that the permitted foods become forbidden, because they absorb some of the forbidden food. If a cold food item falls into another cold item, all agree it is permitted; the food needs only to be rinsed off. The dispute pertains to a hot food item that falls into a cold one or a cold food item that falls into a hot one. Rav said: The upper one prevails (עִילָּאָה גָּבַר). The halakha is determined based upon the state of the upper substance. If the upper food is hot, the case is judged as though a hot food fell into another hot food because the upper food heats the lower food. If the upper food is cold, the case is similar to a situation where a cold food falls into another cold food because the upper food cools down the lower one and prevents absorption. And Shmuel said: The lower one prevails (תַּתָּאָה גָּבַר). In his opinion, if the upper substance is hot and the lower one is cold, the permitted food remains permitted; if the lower one is hot and upper one is cold, they are forbidden.” (Sefaria.org translation)

Rashi ( ד"ה ושמואל אמר)and the Shulkhan Arukh (Yoreh De’ah, 91: 4; 105:3-4)  poskin according to Shmuel based on the baraita and its limitations because even as the hot food cools down, some of the taste will be absorbed by the cold food. Consequently, you have to peel the outer layer of the food  “It was taught in a baraita in accordance with the opinion of Shmuel: If hot permitted food falls into hot forbidden food, it is forbidden. And, so too, cold permitted food that one put into hot forbidden food is forbidden. If hot food falls into cold food, and similarly, if cold food falls into cold food, one must rinse the permitted food, and it remains permitted. 

“The Gemara asks: Is it true that if hot permitted food falls into cold forbidden food, one must rinse the permitted food and it remains permitted? Since it is hot, until the bottom food cools it, it is impossible that it will not absorb a little of the forbidden food. Therefore, it should at least require the removal of the outer peel; rinsing it should not be sufficient. Rather, say the following corrected version: If hot food falls into cold food, one must peel off the outer layer; if cold food falls into cold food, one must rinse it off and that is sufficient.”. (Sefaria.org translation)

The halakha of salting and pickling also follows Shmuel’s point of view. “Shmuel said: A salted food item is considered like a boiling food item with regard to its ability to transmit flavor. Additionally, a food item marinated in vinegar, brine, or the like is considered like a cooked food item, as it absorbs flavor from the liquid in which it is marinated or from other foods with which it is marinated.”1 (Sefaria.org translation)

One final concept concerns whether aroma can transfer the taste when two food items like a meat dish and a dairy dish are cooked in the same oven. Rav holds the position that aroma is substantial enough to transfer the taste (רֵיחָא  מִילְּתָא הִיא) and Levi teaches that  aroma is not substantial to transfer the taste (רֵיחָא לָאו מִילְּתָא הִיא). Rashi (ד"ה אמר לך רב דכולי עלמא ריחא מילתא) and the Shulkhan Arukh, (Yoreh De’ah, 108:1) poskin according to Levi and aroma is not substantial to transfer taste.

Just remember that these are just three basic concepts. The laws of kashrut including the three principles I’ve outlined above are intricate with many conditions. I would encourage you to study this entire daf with commentaries to learn about some of the conditions that affect the practical outcome of these principles. If you have a question about kashrut, ask a Rabbi you trust.


1. Shulkhan Arukh, Yoreh De’ah,  91:5


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