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FRUMToronto Articles Ask The Rabbi

Have a question? Send it in! Questions are answered by Rabbi Bartfeld.


Blog Image: AskTheRabbi.jpg
# 2038 No Harm No Foul
Q. Is it permitted to sell or feed someone food that is healthy and not contaminated, but disgusting and loathsome by its origins, if the fellow that eats it is totally unaware of it? (e.g. food that a rodent ate some separate part of it, and was not contaminated, or was kept properly sealed in a freezer where human body parts and similar were also stored etc.).

A. Shulchan Aruch (Y.D. 116: 6) rules that it is prohibited to consume food and drinks that are disgusting to one. The prohibition is based on the pasuk (Vayikra 11: 43) "Al Teshaktzu - You shall not make yourselves abominable with any creeping creature that creeps, and you shall not defile yourselves with them."
Poskim disagree whether this prohibition in this case is Biblical (Yereim 73, Ritvo quoting Rema - Makos 16, Beis Yosef Y.D. 116, et. al). While others maintain it is only Rabbinical (Ritvo ibid. Lebush, P'ri Chodosh Y.D. ibid.), and in doubt one may be more lenient.
Daas Kedoshim (Y.D. 15: 2), Imrei Yosher (1: 165), Igros Moshe (Y.D. 1: 31) and others, assert that the prohibition of ba'al teshaktzu applies only if the person consuming the loathsome items is aware of their origin and condition and is therefore affected.
Minchas Yechiel (3: 81) debates whether one is obliged to inform the would be consumer of the origins and history of that food, since after all, if he does not know he does not transgress the prohibition.
Horav Shlomo Miller's Shlit'a opinion is that one does not have to inform the receiver, if he is not aware and will not be affected at all.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a



Posted 2/5/2019 3:36 PM | Tell a Friend | Ask The Rabbi | Comments (1)

Comments
This questions reminds me of a story mentioned in Sefer HaPardes (Siman 119), written by Rashi’s talmidim.

Rashi’s main Rebbe, Rabbeinu Yaakov bar Yakar (a talmid of Rabbeinu Gershom) and Rabbeinu Eliezer HaGadol became partners in an animal. After it was slaughtered, it had a certain defect in its lung. Rabbeinu Yaakov bar Yakar considered the meat kosher despite the defect while Rabbeinu Eliezer HaGadol considered the meat treif. Consequently, Rabbeinu Eliezer HaGadol had his portion of the animal thrown in the garbage while Rabbeinu Yaakov bar Yakar’s portion was brought to his home. Subsequently, Rabbeinu Yaakov bar Yakar remarked, “I should eat from an animal of which half of it is lying in the garbage?” and he did not eat his portion either.

Posted: 2/7/2019 7:25:43 PM   by:   Mordechai

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