Reply To: (??????? (????? ?????

Jothar –

Good question. Here’s what I think:

The first question is if mistama they are infested. If they are, then you have a question of bitul issur l’chatchilah. HOWEVER, one could be matir this with the Taz that Sam4321 cited above – since no ones intention is to have bug juice in their jelly, and many people will tell you that you can’t get the bugs out of the infested ones, so even if you say you can only rely on this when it’s ee efshar, here it’s ee efshar. Even without ee efshar, one could taynah that since any pleitah is pagum l’gamri there is no reason not to allow the bittul because it will never come to be done with intent.

If you have a safek if they are infested, then it’s a shailah of safek bitul issur l’chatchilah, which is the same shtickel Torah with the added leniency of it being – pashtus – a safek d’rabbanan. But I think the Pri Megadim says not to use this safek d’rabbanan.

At any rate, I know that my rav feels that the strawberries that are infested cannot be washed, so I would be matir due to complete lack of intention to be mevatel.

Chacham –

Wow!! I just finished writing a short shtickel in my notes about this a few minutes ago, so I’ll just copy and paste:

??? ??”? ???? ?? ??”? ????? ???? ??????? ?”? ???? ?????, ??? ???? ?? ??? ???”? ??? ???? ????? ?? ???? ?? ???? ?’ ??? ?????? ????? ????? .

Please excuse my strong tone, I was excited. I was bothered by this kasha on the Toras Chatas for a long time and was so excited that I finally figured out the answer. I’ll change my lashon later when I calm down.