Wednesday, March 1, 2023

The source of important kashrut principles TB Nazir 37

 Today’s daf TB Nazir 37 locates the sources of two principles. One principle is “a permitted substance combines with forbidden substance (heter metzaraf le-esuro-הֶיתֵּר מִצְטָרֵף לְאִיסּוּר)” When the forbidden food does not meet the minimum measurements to trigger a punishment, but is combined with a permitted food and together they meet the minimal measurement requirement, the punishment is enforced. The other principle is “the flavor is tantamount to the substance (ta’am ke’ikkar-טַעַם כְּעִיקָּר).” For example, if a forbidden article food accidentally falls into a vessel containing permitted food is then removed, but the taste of it is felt, it as if the substance itself were present.

Rabbi Akiva learns the principle heter metzaraf le-esuro from the word soaked in the verse ““Neither shall he drink anything soaked in grapes” (Numbers 6:3) as explained in yesterday’s daf. The sages learn the principle ta’am ke’ikkar from the above verse. “This is relevant for that which is taught in a baraita: The term “soaked” serves to establish the principle that the legal status of the flavor of a forbidden food is like that of its substance. As, if a nazirite soaked grapes in water and the water has the taste of wine, he is liable to receive punishment for drinking this liquid, as it assumes the status of wine. And from here you derive the halakha with regard to all prohibitions of the Torah; in all cases, the legal status of the taste of a forbidden food is like that of its substance. The fact that with regard to all other prohibitions, the legal status of the flavor of a forbidden food is like that of its substance, is derived from the halakhot of naziriteship.” (Sefaria.org translation)

Rabbi Akiva learns the principle of ta’am ke’ikkar from koshering cooking pots that have been used within a 24 hour period. “Rabbi Akiva derives the principle: The legal status of the flavor of forbidden food is like that of the substance itself, from the vessels of gentiles that require purging [gi’ulei], where the Jews were commanded to purge the non-kosher flavor from the vessels they seized from the Midianites. As the Merciful One states in the section of the Torah that deals with the spoils of Midian: “Everything that passes through the fire, you shall make it pass through the fire” (Numbers 31:23). That is to say that the vessels of gentiles that require purging are forbidden to be used until they have been purged through fire and purified. Isn’t there mere taste absorbed in the vessels through the process of cooking? And even so, these vessels are forbidden if this purging was not performed. Here, too, with regard to other matters of Torah law, it is no different; and the legal status of the flavor is like that of the substance itself.” (Sefaria.org translation)

Today’s daf cites one more kashrut principle, “imparts a disgusting flavor (notein ta’am lifgam-נוֹתֵן טַעַם לִפְגָם מוּתָּר)” which we will learn more about when we study massekhet Avodah Zarah. But as long as it is mentioned let me explain it. We learn this principle from a verse in Deuteronomy. “It is as it is taught in a baraita that from the verse: “You shall not eat of any unslaughtered animal carcass (nevelah-נְבִילָה); you may give it to the resident alien [la’ger] who is within your gates, that he may eat it” (Deuteronomy 14:21), it is derived that with regard to animal carcasses, anything that is fit for a ger toshav to consume is called an unslaughtered carcass and is forbidden, and any carcass that is unfit even for a ger toshav to consume, e.g., one that turned rancid and is unfit for consumption, is not called an unslaughtered carcass with regard to its prohibition.” (Avodah Zarah 67b, Sefaria.org translation). In other words if the taste is spoiled as no longer fitting as a gift, the prohibition of nevelah is annulled.

If the nonkosher food imparts a bad taste, it does not adversely affect the kosher food in the mixture An example would be if a forbidden article food accidentally falls into permitted food and the article has a disgusting taste in itself (e.g. putrid food) or if it is not disgusting in itself but becomes disgusting when mixed with this food and has a deteriorating effect on it, the food remains permitted.

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