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Dairy Spoon in Meaty Pot

2 Adar 5772
The Question:

I stirred a fleishig spoon in a non ben yomo milchig pot, that was on the fire. The spoon was taken from a draw of about ten spoons. 2 of the spoons were a ben yomo. I dont know if the spoon I used was one of them. Do we apply the din of bitul b’rov, and thereby making all the spoons non ben yomo? Or perhaps we apply the din of kavua making it a safek? If we do not use the din of bittul, I understand that the pot must be kashered based on the rema in 94 regarding nat bar nat, whereas the fleishig spoon is kosher being that the milchig pot was a non ben yomo.

Thank you.

Answer:

In this case, we can assume, based on the halachah of going after the rov (majority), that the spoon was not ben-yomo, and therefore no action must be taken.

The principle of kavua does not apply, because the spoon has “left” (parash) from its original place (the drawer), and therefore the general principles of bittul (annulment) apply.

Note that the ruling of the Rema (94:5; he writes that this is the custom) is disputed by other authorities (see Shach), and there is usually room for leniency.

The assumption for this question is that the food in the pot was parev.


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