Reply To: Eggs�Davar Shebiminyan

ok. In general, a piece of issur which is mixed in with pieces of heter is batul if there is a majority of heter. However, when the piece of issur is a significant piece, the Rabbis decreed that it not be batul.

There are four kinds of significant pieces. They are:

A. A piece which one would use to honor a guest. (ch”r”l)

B. A whole item which was prohibited since its creation. (berya)

C. Something which is sold by count. (davar shebiminyan)

D. miscellaneous significant items such as closed barrels of wine- regardless of the aforementioned rules.

(davar shyaish lo matirim is for a different reason.)

Regarding the third type, there is a machlokes in the gemara whether we are only referring to items which are ALWAYS sold by count or even items which are SOMETIMES sold by count. This is dependent on whether the mishna is read “es shedarco limanos” or “kol shedarco limanos”.

We are machmir like the opinion of R’ YOchanan that even items which are SOMETIMES sold by count are not batul. The Taz permits in cases of loss to rely on the opinion that only items ALWAYS sold by count are not batul.

Hence, for several centuries, eggs have been considered a “davar shebimanyan” and one was not able to nullify them when mixed into a majority of heter. The Maharshal writes that eggs are always sold by count (quoted in Shach and Taz YD 110).

Now however, in Europe eggs are being sold by weight. This changes their status regarding this law. After further thought, I believe that their status will only change in the regions where this change has taken place, while in America they will remain as before.

Therefore, in Europe, eggs will be considered something which is never sold by count and always batul in a majority of heter (if the heter is comprised of the same type of egg- otherwise you will need 60 eggs of heter for a total of sixty one eggs). In America and elsewhere, eggs will remain something which is always sold by count and will never be batul, even in 1000.