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Thought for the Day: Halacha of Nullification -- You Need to Read All the Words

Everyone knows that even though a forbidden substance is nullified once it is less than one part in 60 (and the other nullification rules). Everyone also knows: אין מבטל איסור לכתחילה/you are not allowed to nullify; that is, to nullify the forbidden substance that is already in the mixture by adding more of the good stuff until the forbidden substance becomes nullified.

Here is something that a lot of people know: Whole bugs are never nullified, even if less than one part in 60. Breaking up the bugs to nullify them is just as bad as adding more good stuff... not permitted. However, if they get busted up as part of making a recipe -- such as blending frozen fruit to make a smoothie -- then it is permitted. That is because you are not busting them up to nullify them; you are busting them up to make the recipe, in the process of which they get busted up. Now you can drink your smoothie because it only has less than one part in 60 of bug bits. Bon appétit -- and don't go getting all squeamish on me; there's bug bits in lots of stuff. Deal with it.

Soo... I acquired a bottle of whiskey -- very nice whiskey -- that was aged in sherry casks. (See this TftD for an executive summary of the issues with using sherry casks to make whiskey.) Then I had an idea💡! Of course I can't just add more whiskey to nullify the sherry. But what if I used the whiskey to make a cocktail? Isn't that just like the buggy smoothie? I asked R' Fuerst about it the next time I had a chance. He said that is nullifying a forbidden substance and is not allowed. I said: but what about the smoothies? Then he looked at me like I was buggy. "No such thing," quoth the rabbi. He told me that cooking might work, but a blender does nothing. But everyone knows about this, I stammered. He asked who, I said I'd find a source. (He smiled at me and said that just because I find someone said doesn't make it right...) I was also given homework to review siman 84 in Yoreh De'ah.

So I found a nice write up about making smoothies on the Star K site. I read the article carefully before going back to the rabbi. The article makes a strong point: this only works if the infestation of the fruits is a miyut hamatzui – something that contains a significant percentage of infestation, although less than a rov. Ah... I hadn't realized that detail. They also stress that you have to buy the fruit with the intention of making smoothies. If you bought the fruit to eat and then realized the bug problem and now want to turn it into smoothies -- CYLOR.

When I took that information back to R' Fuerst, he stopped me after miyut hamatzui and said, "oh, of course, because it is doubt in the first place." I said they referenced the same siman 84 and the rabbi answered, again smiling, "Yes, we both have the same Shulchan Aruch."

Now back to my whiskey. My whiskey definitely has a sherry enhanced taste. Not a miyut hamatzui, not even rov/muchzuk; it is va'dai/certain. But, I had another idea💡! Shouldn't a makloches ha'poskim -- that is, some poskim allow sherry cask whiskey -- create the same sort of halachik doubt as miyut hamatzui? I asked, and we told, "It depends on the poskim." I told R' Fuerst the matir; the rabbi told me: no, that poseik won't create the halachik doubt you'd need.

One more question I asked -- the S'fardim do permit nullifying a substance that is forbidden "only" d'rabbonan. (I don't like the term "only" when applied to d'rabbonan, hence the quotes; but you know what I mean.)  For example, if one ounce of milk falls into 30 oz of chicken soup, the S'fardim would be allowed to add another 30 oz of chicken soup. I asked about that as well. Since sherry wine is only forbidden d'rabbonan, maybe my S'fardi friend can make himself a cocktail? On the other hand, because of the association with idol worship, maybe they would also be more strict? I asked and was told that, indeed, they are also strict when it comes to their ordinary wine.

Oh well... It's a pretty bottle.

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