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April 23, 2014 / 23 Nisan, 5774
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Posts Tagged ‘Hilchos Machalos Asuros’

Will Pig Eventually Be Kosher?

Wednesday, April 18th, 2012

In this week’s parshah the Torah teaches us which animals are kosher to eat and which are not. The Torah states the signs that determine whether an animal is kosher: an animal must have split hooves and chew its cud. Additionally, the Torah says that the pig, although it has split hooves, is not kosher since it does not chew its cud.

The medrash on this pasuk says that the reason that the pig is called “chazir” is because in the future Hashem will return (lehachzir) the pig to Bnei Yisrael and permit it to be eaten. According to many Achronim the medrash is to be taken literally; pig will be kosher in the future. The Rama Mipano (Asarah Mamaros Chikor Hadin 4:13) explains that Hashem will make the pig chew its cud, thereby making it kosher.

However, there are several questions on this halacha. The Gemara, in Bechoros 5b, says: “hayotzei min hatamei, tamei – anything that comes from a non-kosher animal is not kosher.” Therefore if a non-kosher animal gives birth to a kosher animal (which has the kosher signs), it is forbidden to be eaten. The following question is asked: How can a pig become kosher when it came from a non-kosher animal? Furthermore, any offspring should be forbidden since it came from a non-kosher animal – namely from the pig that was non-kosher.

Another point is that the Rambam (Hilchos Machalos Asuros 2:3) says that only the ten animals that the Torah explicitly permitted to be eaten can indeed be eaten. Any other animal (even if it has the kosher signs) is prohibited to be eaten because it is a lav haba michlal assei (when the Torah says you should do this it is inferred that it is prohibited to do otherwise – and the Torah says to eat these animals). It is for this reason that humans are prohibited to be eaten, since they are not one of the animals explicitly mentioned in the pasuk. Thus the question: According to this, how can a pig become permitted to be eaten since it is not one of the animals explicitly permitted in the pasuk?

The Radvaz (Teshuvos 2:828) explains that the medrash is not to be taken literally; rather it should be understood that in the future Bnei Yisrael will eat mashmanim, as if eating pig was permissible. Rabbeinu Bichaiya also explains that the intention of the medrash was not to say that pig will become permitted for consumption in the future, but rather that the medrash is referring to the kingdom of Edom (which is referred to as the chazir) – that Hashem will eventually return (lehachzir) on them midas hadin (judgment). The Ritva (Kiddushin 49b) explains that the medrash is referring to Amalek.

Obviously the aforementioned questions do not apply if the medrash is not to be taken literally. But according to the Achronim that explain that the medrash is to be taken literally (that pig will one day be permitted to be eaten), we must answer the abovementioned questions.

There is a similar question discussed by the Achronim that also pertain to this discussion. The Gemara in Menachos 21a says that according to most opinions, cooked blood is permitted min haTorah; it is prohibited, though, mi’derabbanan. The Achronim ask that since the abovementioned Gemara in Bechoros says that anything that comes from something non-kosher is itself prohibited, why is cooked blood not forbidden since it came from blood before it was cooked (which is forbidden min haTorah)? The Chazon Ish (Bechoros, siman 16:13) explains that the halacha that an animal that comes from a non-kosher animal is forbidden to be eaten only applies when an animal is born or when a second product is produced from a non-kosher one. However, when we are dealing with the same item, it is not considered yotzei coming from a non-kosher item; thus it is permitted. Regarding cooked blood, since it is the same item it is not considered coming from the forbidden, uncooked blood; thus it is permitted as well.

Regarding the pig that began chewing its cud, we can extend the answer of the Chazon Ish and explain that the pig was not yotzei from itself when it began to chew its cud – since it is the same item. It will therefore be permitted.

Another answer that I have heard is that the Rambam (Hilchos Machalos Asuros 3:6) says that one who transgresses by eating the product of a non-kosher animal does not receive lashes. Reb Chaim Soloveitchik explains that when something is yotzei from a non-kosher animal it is forbidden. But it does not take on the same prohibition as its producer, instead becoming a new prohibition of yotzei – over which one does not receive lashes.

The halacha that something that is yotzei from a non-kosher animal is forbidden only applies when the mother animal is non-kosher. However, if the animal that it came from was not actually non-kosher, its offspring will be permitted. So after pigs start chewing their cud, they will still be prohibited since they were yotzei from the non-kosher pigs. But they will not be prohibited as pigs; rather they will be prohibited as issur yotzei. Hence the following generation of pigs will not be prohibited, since the pigs that they came from were not actually non-kosher but were only issur yotzei – which does not prohibit their products.

Koshering An Earthenware Utensil

Wednesday, March 28th, 2012

In this week’s parshah the Torah teaches many of the halachos of the korbanos. Each of the korbanos has a limited amount of time when they may be eaten, after which they become nosar and forbidden. When a utensil is used to cook the flavor, the food is absorbed into the walls of the utensil. Therefore if a forbidden food was cooked, it is prohibited to use the utensil again until it is koshered, since the flavor of the forbidden food will mix into the next food. Amid the halachos of the korban chatas, the Torah writes that since the flavor of the korban will become nosar after its allotted time, any earthenware utensil that was used to cook part of the korban must thereafter be broken. If it was cooked in a metallic utensil, the utensil must be purged and then rinsed in water in order to remove the flavor that was absorbed.

This halacha applies to all of the korbanos. However, the Rambam and Ra’avad disagree regarding the halacha of an earthenware utensil. The Rambam (Hilchos Ma’aseh Korbanos 8:14) says that any utensil that was used to cook any korban must be purged and rinsed, whether it is a metallic or earthenware utensil. (The exception is a korban chatas, whereby an earthenware utensil must be broken and may not be purged.) The Ra’avad argues that earthenware utensils may never be purged and must always be broken, regardless of which korban was cooked in it.

The Rambam holds that purging earthenware utensils effectively koshers the utensil; but, specifically by a korban chatas, the Torah commands that an earthenware utensil must be broken and not purged. The Ra’avad disagrees and posits that purging is ineffective and is unable to remove the flavor from earthenware utensils.

The question that arises about the Rambam is that the Gemara in Pesachim 30b says that the Torah testifies that it is impossible to completely remove the forbidden flavor from the walls of an earthenware utensil; hence it must be broken. However, according to the Rambam, purging an earthenware utensil indeed removes the flavor, and only when a korban chatas was cooked in the utensil does the Torah command that the utensil must be broken.

The sefer, Harirai Kedem, suggests that according to the Rambam, when an earthenware utensil is purged not all of the flavor is removed; rather a ta’am kalush (weak flavor) in fact remains. If there would be no flavor remaining, there would be no mitzvah to break the utensil that a korban chatas was cooked in – since there is no remnant of the chatas’s flavor. The reason that the Rambam says that one may purge an earthenware utensil that other korbanos were cooked in is because purging removes all of the flavor except for a weak flavor. Since the purging is done before the allotted time that the korban may be eaten, the flavor has not yet become forbidden. Whenever only a weak flavor remains, the utensil is permitted to be used again, provided that at the time of absorption it was not a forbidden flavor (this is known as heteira bala). Only a utensil with a strong flavor is forbidden to be used with another food. The Gemara that says that the flavor never leaves the walls of an earthenware utensil means that a weak flavor will always remain, which if at the time of absorption was a forbidden flavor will prohibit the use of the utensil. But since a weak flavor remains, there is still room for the Torah to command that regarding a korban chatas, the utensil be broken.

Rabbi Akiva Eiger mentions this idea – that whenever the flavor that was absorbed was not forbidden one should be permitted to purge an earthenware utensil. However, he asks the following question: according to many opinions chametz before Pesach is considered heteira bala because when it was absorbed it was not forbidden. Why then do we paskin that earthenware utensils before Pesach must be broken and may not be purged?

Other Achronim ask another question. The Rambam (Hilchos Chametz U’matzah 5:23) says that metallic or stoneware utensils that cooked chametz (in order to use them on Pesach) must be purged and afterward rinsed in cold water. The Maggid Mishnah and the Hagaos Maimonios explain that the source for this halacha (that the utensil must thereafter be rinsed in cold water) is derived from the halacha of korbanos. However, in Hilchos Machalos Asuros 17:4 – regarding the halachos on koshering utensils that cooked forbidden foods – the Rambam does not mention that the utensil must be rinsed after it is purged. Why the discrepancy?

The sefer, Harirai Kedem, suggests that in order to use a utensil on Pesach one needs to do more than is normally required, in order to use a utensil that was used to cook a forbidden food. Namely, the utensil must lose its identity as a utensil of chametz. Regarding other forbidden foods that were cooked in a metallic utensil, they are permitted to be used again once they are purged. But a utensil that was used to cook chametz is compared to that of korbanos that requires more than just removing the flavor. It also needs to not be identified as a utensil that cooked that item. This second requirement is met when one rinses after purging the utensil; this is derived from the pasuk that requires the purging and rinsing of a utensil that was used in the cooking of a korban.

Printed from: http://www.jewishpress.com/judaism/parsha/koshering-an-earthenware-utensil/2012/03/28/

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