In Part 1, I showed how rabbinic experts deal with different facets of questions, I will now take a typical question which a rabbi will be asked on a regular basis, show the Talmudic and other halachic considerations involved, as well as various viewpoints that must be considered. Although I will use an example from the laws of Kashrut, the same could apply to literally thousands of topics. My intent is not to make a ruling here, but to show why I and the many other rabbis don't make public rulings, and recoil at halachic pronouncements made by laymen. (Few things raise my blood pressure more than "I was told", or "I heard". From whom, and on what basis?) Only highly qualified rabbis may rule in these matters.
Question: "Rabbi, I fried a steak this morning. Soon after I put it on the fire, I realized that I was using a dairy pan. What do I do?"
Now this is a frequent occurrence.Few people realize that the halachic considerations are so complex, that in secular studies one could write a doctoral thesis on the topic.
First, some background information. When we speak of Biblical law, we don't necessarily mean that it is in the Bible. Almost no law is spelled out in the Bible, and the details are given in the Oral Law. The Torah, in three separate passages forbids cooking a "kid in its mother's milk". We have by tradition that the Torah here means three separate things; a prohibition of cooking the meat of a kosher mammal in milk (even if we have no intention of eating it), a prohibition of eating that which has thus been cooked, a prohibition of having benefit of such a dish; as in selling it or burning it for fuel. We regard all three as Biblical; the tradition reveals to us what the Torah means. The rabbis made a "fence around the Torah", forbidding the eating of meat and milk in the same meal, even if not cooked together. Custom beyond the law requires waiting a period of time after a meat meal before eating dairy. Customs vary from one to six hours. Since rabbinic law is also a feature of the Torah (Deut. 17:8-13), it must be strictly observed as well. However, an exception is made in case of doubt. In a Biblical law we must be strict, in rabbinical law we may, in a case of doubt, be lenient. In the case of custom, it should be observed. However, there is room to allow its non-observance in an emergency situation. Most rabbis will, for instance, allow a nursing mother to drink milk after waiting only an hour after meat.
Now, what about utensils? That utensils must be kosher, or made kosher if they became non-kosher, is Biblical (Numbers 31:21-23). Anything that became non-kosher through fire (broiling, grilling) must be passed through fire, Anything made non kosher in water (boiling) must be boiled. There is NO BASIS for the often heard folklore custom of burying a utensil overnight. However, a utensil can only make food cooked in it non-kosher if it imparts a good taste. A piece of pork which is slightly rancid will remain non-kosher as long as it is in any way edible. If slightly rancid pork fell inadvertently into my kosher chicken soup, it will impart a bad taste. The pork may be removed and discarded, and the chicken soup remains kosher. The rabbis received by tradition that after 24 hours, the taste absorbed in a utensil will be unpleasant, and therefore unable to impart a good taste. Biblically, at that point, it would no longer requite burning or boiling, but could be used as is. The rabbis made a rabbinic ruling that even after 24 hours we should burn or boil it, so as not come to use an un-kashered utensil within 24 hours by mistake. However, if 24 hours have past, and I inadvertently used the utensil without kashering it, it would still, even by rabbinic law, not render the food non-kosher. In some cases, the utensil WILL be rendered non-kosher by rabbinic law. So, in the above case, if the pan had been used within twenty four hours for dairy, and then I cooked meat in it, both the pan and the meat will be rendered non-kosher. The meat will be discarded, and the pan will need to be made kosher, either by burning or boiling, depending on if there was some liquid in the pan. If the pan had NOT been used in 24 hours for dairy, the steak would be kosher, and the pan would need kashering by rabbinic law. If the pan and food were not yet hot (how hot is a subject of debate. I go by 130 degrees Fahrenheit (54 C); many go by higher or lower temperatures), there is no problem. Rinse the pan out with cold water and all is well. So, when the question is posed, I will need to ask "when was the last time the pan was used for dairy? How hot did it get?" But wait. What if the pan was not completely clean? What if there were residues of last week's cheese omelet? What if I used my neighbor's pan, and there were residues of pork? How might these rules apply to factory made food, where I don't know when the last time the equipment was used for dairy...or non-kosher food? These topics and their implications will be the topic of my next post.
Question: "Rabbi, I fried a steak this morning. Soon after I put it on the fire, I realized that I was using a dairy pan. What do I do?"
Now this is a frequent occurrence.Few people realize that the halachic considerations are so complex, that in secular studies one could write a doctoral thesis on the topic.
First, some background information. When we speak of Biblical law, we don't necessarily mean that it is in the Bible. Almost no law is spelled out in the Bible, and the details are given in the Oral Law. The Torah, in three separate passages forbids cooking a "kid in its mother's milk". We have by tradition that the Torah here means three separate things; a prohibition of cooking the meat of a kosher mammal in milk (even if we have no intention of eating it), a prohibition of eating that which has thus been cooked, a prohibition of having benefit of such a dish; as in selling it or burning it for fuel. We regard all three as Biblical; the tradition reveals to us what the Torah means. The rabbis made a "fence around the Torah", forbidding the eating of meat and milk in the same meal, even if not cooked together. Custom beyond the law requires waiting a period of time after a meat meal before eating dairy. Customs vary from one to six hours. Since rabbinic law is also a feature of the Torah (Deut. 17:8-13), it must be strictly observed as well. However, an exception is made in case of doubt. In a Biblical law we must be strict, in rabbinical law we may, in a case of doubt, be lenient. In the case of custom, it should be observed. However, there is room to allow its non-observance in an emergency situation. Most rabbis will, for instance, allow a nursing mother to drink milk after waiting only an hour after meat.
Now, what about utensils? That utensils must be kosher, or made kosher if they became non-kosher, is Biblical (Numbers 31:21-23). Anything that became non-kosher through fire (broiling, grilling) must be passed through fire, Anything made non kosher in water (boiling) must be boiled. There is NO BASIS for the often heard folklore custom of burying a utensil overnight. However, a utensil can only make food cooked in it non-kosher if it imparts a good taste. A piece of pork which is slightly rancid will remain non-kosher as long as it is in any way edible. If slightly rancid pork fell inadvertently into my kosher chicken soup, it will impart a bad taste. The pork may be removed and discarded, and the chicken soup remains kosher. The rabbis received by tradition that after 24 hours, the taste absorbed in a utensil will be unpleasant, and therefore unable to impart a good taste. Biblically, at that point, it would no longer requite burning or boiling, but could be used as is. The rabbis made a rabbinic ruling that even after 24 hours we should burn or boil it, so as not come to use an un-kashered utensil within 24 hours by mistake. However, if 24 hours have past, and I inadvertently used the utensil without kashering it, it would still, even by rabbinic law, not render the food non-kosher. In some cases, the utensil WILL be rendered non-kosher by rabbinic law. So, in the above case, if the pan had been used within twenty four hours for dairy, and then I cooked meat in it, both the pan and the meat will be rendered non-kosher. The meat will be discarded, and the pan will need to be made kosher, either by burning or boiling, depending on if there was some liquid in the pan. If the pan had NOT been used in 24 hours for dairy, the steak would be kosher, and the pan would need kashering by rabbinic law. If the pan and food were not yet hot (how hot is a subject of debate. I go by 130 degrees Fahrenheit (54 C); many go by higher or lower temperatures), there is no problem. Rinse the pan out with cold water and all is well. So, when the question is posed, I will need to ask "when was the last time the pan was used for dairy? How hot did it get?" But wait. What if the pan was not completely clean? What if there were residues of last week's cheese omelet? What if I used my neighbor's pan, and there were residues of pork? How might these rules apply to factory made food, where I don't know when the last time the equipment was used for dairy...or non-kosher food? These topics and their implications will be the topic of my next post.
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