- Q. Dear Rov and Magid Shiur. I have another shaila. If I we served at a simcha meal Chalav Yisrael. Yet someone noticed that one of the waiters poured a bit of left over milk from another simcha, that was kosher but not Chalav Yisrael, if it was only a small amount does it become batel and acquire the benefit of being Chalav Ysrael?
A. In general the process of “Bitul” only removes prohibited or forbidden issues in a mixture or similar, it does not give new added characteristics or special new conditions necessary. See question 2043 (The Works of Water Works).
On question 4570 (No Minority Rights?) we wrote:
“Q. Rov Shlit’a. If someone is missing a bit of olive oil to fill a cup on the Menorah, can one use a small quantity of common oil that following an Halachic mechanism of ‘Bitul Berav’ will become nullified in the majority, and be considered as being all olive oil?
A. Poskim disagree. Some maintain that the added bit of oil will become ‘Batel Berov’ or annulled and be part of the majority (Pischei Olam on Kitzur Shulchan Aruch (Chanuka), Eishel Avrohom (693), Chasam Sofer) and others.
However, Peninei Chanuka (p. 144) following the opinion of Oneg Yom Tov (4) maintains that ‘Battel Berov’ can only annul and remove a state of prohibition from the item being mixed into a majority. It cannot acquire and gain a new status of positive new and different conditions and credentials it did not posses before, such as becoming olive oil for the Menorah.
Rabbi A. Bartfeld as revised by, Horav Yaakov Hirschman, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a