If one had pieces of meat that are chashuv, and one unkosher piece mixed into the 5 kosher pieces of meat we don’t say bitul because the pieces are choshuv. What were to happen if one seperated the 6 pieces of meat into 6 seperate pots and cooked each piece of meat alone. Do we say that the pots are kosher but each piece of meat is unkosher because of no bitul. Since the pots have only absorbed taste do we say the pots aren’t considered a problem of chaticha roye lehiskabed? Or are the pots also unkosher?
Answer:
The question of bitul applies to the meat, and not to the pots. Therefore, the status of the pots cannot be dealt with separately, and must be treated as a function of the status of the meat. Because there is no bitul for the meat, the all the pieces of meat are considered not kosher, and the pots, therefore are also made treif by the cooking.
An important principle for issues of sefeikos and resolutions of rov, chazakah, bitul, and so on, is locating the primary safek, and the results of that primary safek. In this case, the primary safek is the meat, and the status of the pots are merely a result.
Lkovod Harav, I found today a Rebbe Akiva Eiger in Siman 101 going on the words MiminaNafshuch in Shulchan Aruch 101:7 I believe he argues with the psak of the Rav. R’ Eiger says that one can distinguish between the meat (being not batul)and the taiste of the meat(being batel.)if the meat were to be cooked seperatly in another pot. He seemingly says that in a case where there is no issue of taam either because the meat was originally never cooked together or they were cooked together but had 60 in the pot. Then each piece of meat is batul from the torah. However, chazal came along and said that meat is not batul because of it’s chashivis(and one cant eat the meat), but chazal never said the taiste of the meat is problematic and therefore the next pot or dish that the meat was cooked in would not become assur (one would just need to remove the meat). Does the Rav have any mekoros that prove otherwise. I believe there is a chavas daas that argues with this. How does the Rav pasken?
Very good point. Rabbi Akiva Eiger does not dispute the logic of goint after the principle hachra’ah of the safek, but writes that in this case the matter is different, because the entire prohibition was only made on chashuv pieces. Just as if the pieces would be cut up, the prohibition would disappear, so the prohibition does not apply to taste. Chavas Daas (100:6) disputes this position, as does Pleisi (110:21). Others, however, as quoted in Darkei Teshuvah (101:87), side with Rabbi Akiva Eiger. Thank you for pointing out this matter (and sorry for the delay in replying).
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