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Generally (setting aside cases of a "davar charif" -- spicy thing) if one cooks in a pot that is not "ben yoma" (i.e. they cooked milk in a pot that was used for cooking meat more than a day ago) and is clean then the food is permissible b'dieved (after the fact) since we say the taste inside of the pot that will come out is already "nosain tam lifgam" (gives a bad taste) and won't make the food not kosher.

This is all of the person unknowingly cooked the food in such a pot. However what about if the person knowingly cooked the food in such a pot. Normally we say don't cook in such a pot because of a decree lest you come to cook in a pot that is "ben yoma" and will prohibit the food. However if someone purposely took a clean pot that was cooked in it meat over a day ago and now cooked in it milk, what's the halacha? Do we say that since the taste is no longer good then we'll still permit the food. Or perhaps there will be some sort of "kanas" (fine) for doing this and we'll still prohibit the food.

I'm asking this question after having been inspired by the following. There is a Taz in YD Siman 122 who brings from the Darchei Moshe that brings from the Hagos Sharei Durah that if a Jew doesn't know if his cli is ben yoma or aino ben yoma then we give him a kanas and consider the cli as if it's ben yoma (there is much discussion on this Taz including those that argue.) Perhaps this case is much different however it's still that of some sort of "kanas" (fine) being imposed even when there might not be any taste in the pot that could ossur.

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Probably depends if Natlap is Bittul Issur or not (Rashba vs Ran). –  Double AA Jan 12 at 23:45
    
@DoubleAA What does the Ran hold? I know the Rashba is of the opinion of bittul issur so I think you might be on to something then. According to the Rashba there might be a problem... –  Yehoshua Jan 13 at 21:39
    

3 Answers 3

See Igros Moshe YD 2:41. That such food is prohibited: This section is taken from http://www.kosherveyosher.com/factory-clean.html where the entire teshuvah is translated.

Although our Sages enacted a decree prohibiting "Eino Ben YoMo", the prohibition bans USING the vessels. It does not, as we just explained, prohibit the foods cooked in them. Our Sages did impose a penalty banning the consumption of the food but only by those who deliberately violated the rule, those who deliberately cooked in such a vessel. The penalty also applies to those for whom the food was cooked. Thus, any Jew, other than those who cooked it and those for whom it was cooked may eat food that was knowingly cooked in a non-Kosher Eino Ben YoMo pot.

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That does not look like a translation of the responsum. –  Double AA Feb 6 at 20:23

Rav Ovadia Yosef discusses this extensively in a responsum on precisely this topic (Yabia Omer YD 8:14). He cites opinions on both sides, concluding in accordance with the opinions that the food would be prohibited.

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The laws of Baaser V'Chalav are very complex and each question can have various factors that change the outcome of the answer. I understood from the above question that the simplest case was being discussed without introducing any additional considerations (e.g parve, davar charif, shas hadchack, kashrus in factories, etc...)

Shulchan Aruch Yoreh Deah Siman 93

A pot that that meat was cooked in should not be used to cook milk in ... If the pot had not been used from "time to time" (i.e. eino ben yomo - generaly accepted as 24 hrs) then the food is permitted but the pot becomes forbidden to cook in it not meat and not milk.

So in this case the food is permitted for all and there is no knas on the food.

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Do you have any evidence that the ShA there is talking about where he did it b'meizid? –  Double AA Jan 14 at 18:59

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