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Introduction to the Principles of Kashrut by Dovid Fink Dry and Liquid Mixtures Ingredients Which Can Be Separated An ingredient in a mixture can be either dry or liquid. If a dry, non-kosher ingredient falls into a liquid and can be seen floating around, it is clear that the non-kosher ingredients must be removed. For example, if a dry piece of non-kosher meat falls into a bowl of milk, the meat may not be eaten. Therefore, it must be removed. This is so clear that it does not call for further discussion. Similarly if a liquid, non-kosher ingredient falls into a solid food and remains visibly separate from the food, it is clear that the non-kosher liquid must be drained off. For example, if non-kosher wine vinegar falls onto lettuce leaves, the vinegar is prohibited and may not be consumed. Therefore, it must be removed. This, too, is so clear that it does not call for further discussion. The principle is that any non-kosher ingredient which is distinctly visible in a mixture remains prohibited and must be removed. But how far must one go to remove a non-kosher ingredient? If a non-kosher ingredient is not visible at the moment but there is a way to make it visible, to what extent must one exert oneself to remove it? The Rama's Principle Rama addresses these questions:
The basic principle is that a non-kosher ingredient that is distinctly visible in a mixture must be removed. Further if a non-kosher ingredient can be made visible, it is as though it is visible now. Therefore if there is a way to make a non-kosher ingredient visible, then you must do whatever is necessary to remove it. In short, any non-kosher ingredient that can be made visible must be removed. In Rama's example the prohibited fat might not be visible when mixed in a hot casserole. But adding cold water to the casserole will congeal the fat and cause it to float to the surface. Then it will be distinctly visible. Since it can be made distinctly visible, it must be removed. In a modern kitchen cooling the casserole in a refrigerator would also congeal the fat allowing its removal. Although a prohibited ingredient might not be distinctly visible in one state, Rama tells us that it still must be removed as long as there is a way to do so. The Origin of the Basic Principle In kashrut it is often important to know whether a principle is of Torah origin or of rabbinic origin. In cases of doubt ספק)) principles of Torah origin are applied more strictly and principles of rabbinic origin are applied more leniently. According to Rama's basic principle any non-kosher ingredient which is clearly visible must be removed. R. Mordechai Yafeh, one of Rama's disciples, has an interesting comment on origin this principle:
R. Mordechai Yafeh states that there are two rules for distinctly visible non-kosher ingredients. First, according to the Torah the visibility of the non-kosher ingredient is irrelevant. Whenever its amount is small enough, a non-kosher ingredient is insignificant; according to the Torah the mixture is permitted despite the non-kosher ingredient. Second, the Rabbis instituted a stricter law according to which the visibility of a non-kosher ingredient is very important. According to rabbinic law any distinctly visible non-kosher ingredient must be removed before the mixture can be permitted. The proof that the Torah disregards even readily visible non-kosher ingredients is based on the Sanhedrin. When the judges of the Sanhedrin voted on the guilt or innocence of a defendant, they did not require a unanimous decision. Rather, the Torah said to follow the decision of the majority of judges (see Exodus 23:2 and Tractate Hullin 11a). Since we know who voted for acquittal and who voted for conviction, the judges holding the minority opinion are clearly visible. Nonetheless the principle of the Torah is: Go by the majority and disregard the minority. Thus R. Mordechai Yafeh concluded that according to the Torah the visibility of the non-kosher ingredient is irrelevant. As long as its amount is small enough, the Torah considers a non-kosher ingredient to be insignificant. Therefore, Rama's principle that any distinctly visible non-kosher ingredient must be removed is stricter than Torah law which disregards such non-kosher ingredients. R. Mordechai Yafeh concludes that the principle must be of rabbinic origin. If drops of prohibited fat fall into a soup and are clearly visible floating on the surface, the Torah would permit eating the whole mixture as long as the amount of fat was small enough. Rabbinic law, on the other hand, would prohibit the mixture unless the fat is removed. The Majority View on the Origin of the Principle R. Mordechai Yafeh's opinion in this matter was not generally accepted. Taz represented the majority view when he wrote:
According to Tosafot, Rama's basic principle is of Torah origin. It is the Torah that requires us to remove any distinctly visible non-kosher ingredient from a mixture. The Torah allows us to disregard a non-kosher ingredient only if it is mixed with kosher food and no longer distinctly visible. Taz rejects R. Mordechai Yafeh's proof based on the Sanhedrin because the judges voting for acquittal and conviction are not analogous to a mixture of kosher food and an insignificant amount of non-kosher ingredient. In kashrut an insignificant non-kosher ingredient can be disregarded and the whole mixture can be eaten. This means that the non-kosher food has switched its status and become permitted. Although the Torah tells us to disregard a clearly visible minority opinion in Sanhedrin, in kashrut we can not permit a clearly visible non-kosher ingredient.
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