DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 lidya chaya bat elvira

Dedicated By
a cohen

Click Here to Sponsor Daily Halacha
      
(File size: 1.85 MB)
Pesah – If a Small Piece of Hametz Fell Into Non-Hametz Food Before Pesah

Generally speaking, when a piece of forbidden food falls into permissible food, we apply the rule of "Battel Be’shishim," which means that we consider the forbidden food "nullified" if it constitutes one-sixtieth or less of the mixture. If the proportion of permissible food to forbidden food is 60:1, or more, we may consider the forbidden food null and void, such that the entire mixture becomes permissible for consumption.

When it comes to Pesah, however, this is not the case. The Shulhan Aruch, following the position of the Rif (Rav Yishak Alfasi, Morocco, 1013-1103), rules that if a piece of Hametz falls into non-Hametz food on Pesah, the mixture becomes forbidden regardless of how small a proportion the Hametz constitutes. Hametz in even the smallest proportion – a "Mashehu" – renders the entire mixture forbidden for consumption on Pesah. This is why special care must be taken on Pesah to ensure that not even a crumb or tiny morsel of Hametz comes in contact with our food or utensils.

However, this Halacha applies only when Hametz falls into food during Pesah. If a small amount of Hametz falls into food before Pesah, then we apply the standard rule of "Battel Be’shishim," and we consider the mixture free of Hametz as long as there is a proportion of 60:1 or higher of non-Hametz food to Hametz. Accordingly, the Shulhan Aruch rules (Orah Haim 477:4) that such a mixture is permissible for consumption on Pesah. Since the Hametz fell into the food before Pesah, and it was "Battel" ("nullified"), the mixture is permissible on Pesah, and we do not say that the small amount of Pesah is "reawakened" ("Hozer Ve’ne’ur") when the Hametz prohibition take effect on Ereb Pesah.

Curiously, however, the Shulhan Aruch earlier (442:4) appears to contradict his own ruling in this regard. Discussing the status of medications containing Hametz, the Shulhan Aruch writes that if medicine was prepared with Hametz before Pesah, even if the Hametz constitutes just one-sixtieth or less of the mixture, the medicine may not be ingested on Pesah. Although one may keep the Hametz in his possession on Pesah in such a case, the medicine may not be ingested. This ruling appears to directly contradict the Shulhan Aruch’s aforementioned ruling that the concept of "Battel Be’shishim" applies to Hametz that is mixed with non-Hametz before Pesah. According to that ruling, there seems to be no reason to forbid taking the medicine on Pesah, since the Hametz was "nullified" before Pesah and is not "reawakened" with the onset of the holiday.

Several different approaches have been taken to resolve this seeming contradiction. The Peri Hadash (Rav Hizkiya Da Silva, 1659-1698) explains that in the case of medication, the Hametz was intentionally mixed with the non-Hametz ingredients. The Shulhan Aruch permits food that had been mixed with Hametz before Pesah only if the Hametz was mixed in unintentionally. But if one intentionally mixed Hametz with non-Hametz, even before Pesah, the mixture is forbidden for consumption on Pesah.

The Tureh Zahab (Rav David Halevi Segal, 1586-1667) gives a different answer. He writes that in the case of medicine, the Hametz is the primary medicinal ingredient. As the Hametz substance is what gives the mixture its medicinal effect, it cannot be considered "negated," regardless of how small a proportion it constitutes. This resembles the case of a forbidden food used as a coagulating agent ("Dabar Ha’ma’amid"), which renders the product forbidden even if it comprises less than one-sixtieth of the mixture. Since the agent gives the food product its consistency, it cannot be considered "nullified." By the same token, a Hametz ingredient which produces a medicinal effect renders the medicine forbidden on Pesah even if the product was made before Pesah. Medications with Hametz may be permissible on Pesah for other reasons, as we will, please G-d, discuss in future editions of Daily Halacha, but for our purposes here, it suffices to note that, according to the Taz, the Shulhan Aruch’s ruling concerning medications marks the exception to the rule.

Hacham Ovadia Yosef, in his Yabia Omer (2:23), follows the Taz’s approach. And thus, according to the Halacha, a mixture containing a small amount of Hametz is permissible on Pesah, as long as the mixture was prepared before Pesah, even if the Hametz was mixed in intentionally.

Summary: If a piece of Hametz falls into non-Hametz food on Pesah, the entire mixture is forbidden for consumption regardless of how small a proportion the Hametz comprises. If the Hametz was mixed with the food before Pesah, then as long as the Hametz comprises no more than one-sixtieth of the mixture, the food is permissible on Pesah (with the possible exception of certain medications that contain Hametz, a subject which will be discussed in a separate context).

 


Recent Daily Halachot...
Making a Zimun When a Third Person Joins After the First Two Finished Eating
Can People Form a Zimun if One Person’s Food is Forbidden for the Others?
When is Birkat Ha’mazon a Torah Obligation?
Can People Sitting at Separate Tables Join Together for a Zimun?
Birkat HaMazon If One Ate a Ke’zayit of Bread Slowly, Over the Course of an Extended Period
Kavana During Birkat Ha’mazon
Must the One Who Leads Birkat Ha’mazon Hold the Cup Throughout the Sheba Berachot?
“She’hakol” and “Boreh Nefashot” if One is Drinking Intermittently in One Location
Using for Kiddush or Birkat Ha’mazon a Cup of Wine From Which One Had Drunk
If the Group or Part of the Group Recited Birkat Ha’mazon Without a Zimun
If Three People Ate Together and One Needs to Leave Early
Should Abridged Texts of Birkat Ha’mazon be Printed in Siddurim?
Making a Zimun When a Third Person Joined After the First Two Finished Eating
The Importance of Using a Cup of Wine for Birkat Ha’mazon; Adding Three Drops of Water to the Cup
If One Ate Half a “Ke’zayit” of Fruit Requiring “Al Ha’etz,” and Half a “Ke’zayit” of Other Fruit
Page of 239
3585 Halachot found