Eggs�Davar Shebiminyan

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  • #591858
    popa_bar_abba
    Participant

    I just saw an article that in England it is to be illegal to sell eggs by the dozen and that they must now be sold by the pound (lb). It seems that is already the law in the rest of the EU.

    http://209.157.64.201/focus/f-news/2542309/posts

    This has ramifications in halacha as eggs will not be considered a davar shebiminyan according to the opinion of “es shedarko limanos” (R’ Yochanan). So according to the Taz we will be able to be meikel for hefsed while according to the Schach we will still need to always be machmir. (YD siman 110. Taz 1, Shach 9)

    #970123
    oomis
    Participant

    Please explain what the problem is – in English. I understand the Hebrew, but not what the issue is. And if eggs are counted by lb. rather than by exact number, they are still being counted, so what is the problem that you are conveying?

    #970124
    popa_bar_abba
    Participant

    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.

    #970125
    oomis
    Participant

    Thank you.

    #970126
    popa_bar_abba
    Participant

    so now I’m wondering, maybe there is another step.

    The din of davar shebiminyan is based on the the significance of the item as evidenced by its being sold by count. Perhaps if the reason it is sold by weight is statutory, we can still infer its true significance and it should still be not batul.

    #970127
    popa_bar_abba
    Participant

    yitayning?

    wut?

    (I was looking for my other eggs thread, but found this)

    #970128
    yitayningwut
    Participant

    I have not thought enough about this, but I have an initial thought.

    Eggs are not a davar shebeminyan here in the USA.

    Now you say, but of course they are! They are sold by the dozen!

    Well I say that’s exactly why they are not. Davar shebeminyan is when they are sold by individual count, hence each one is a davar chashuv, but when they are never sold individually and only in dozens then it is the entire package of a dozen which is a davar shebeminyan; the individual eggs are nothings!

    Again, I have not thought about this much, and I don’t remember the sugya well. It just occurred to me.

    #970129
    Toi
    Participant

    yit- they punkt dont sell singles. in EY they do in makolets. its poshut felt in heichi timtza, but i think its still davar shebiminyan.

    #970130

    They are also sold in half dozens. Or you can buy a carton of beaten egg whites, which is certainly volume and not by unit.

    #970131
    twisted
    Participant

    Toi, unless it is a hole in the wall makolet stuck in the 60’s, no normal place sells eggs by the single anymore. Dozens, 18’s and trays of 30 are the ruba druba norm. The old ‘how many eggs do you want’ was from a time of rampant poverty and poor supply.

    #970132
    Sam2
    Participant

    PBA: I was going to say that to be a Davar ShebiMinyan it has to be an individual count (I think a few Rishonim in the beginning of Beitzah say that explicitly), but Yitay beat me to it. I haven’t looked at this in quite a long time though, so it bears actually looking into.

    #970133
    yitayningwut
    Participant

    Toi –

    So in EY they are a davar shebeminyan (and l’choira cigarettes would be the same). Saying they punkt don’t sell singles is like saying they punkt sell it b’mishkal. That’s exactly the point, that an individual egg is not a davar chashuv on its own in this area of the world.

    #970134
    popa_bar_abba
    Participant

    Ah, I always thought it was if it is sold numerically, that gives the individuals chashivus, like you get a number of eggs, not just a pound of them.

    #970135
    Toi
    Participant

    twisted- alot of places do.

    yitay- maskim.

    #970139
    ilovetorah
    Participant

    This is a shayla I discussed at length when I learnt the sugya. Additionally I spoke to one of the most well known rabbonim involved in kashrut in America about this sugya and this is what he said (I am omitting his name because this conversation took place a few years back and I’m a little fuzzy on the details). First off its possible that eggs even in America are not considered Davar shebiminyan based on the svara mentioned earlier that it is sold by the dozen not by the singles, however if I remember correctly he was noteh that it would still be a Davar shebiminyan based on this svara alone. The bigger chiddush he told me was that even something sold by the pound can be considered Davar shebiminyan for example eggs in Europe or a big roast because even though its sold by weight you buy it based on the amount ie you go to the store in mind to buy 15 eggs… Or one big roast… (I would like to reiterate that I am a little fuzzy on the detaild and maybe I’m confusing what the rov told me and my/my chaveirims own svaros)

    #970142
    twisted
    Participant

    Toi, not the metzius on the ground, at least in the many places I shop. Eggs are a huge part of the average diet, mostly sold in trays of 30, or multiples therof. In case you need one or two eggs last second for a late kugel, you would ask your neighbor who might have 60 eggs sitting on top of his refrigerator.

    #970143
    YW Moderator-42
    Moderator

    Can someone give an example other then eggs of something that is definitely davar shebiminyan?

    I can hear a svara that eggs are not davar shebiminyan because the fact that they are sold in dozens rather than pounds is for convenience sake. Eggs are fragile and therefore need to be sold in special containers that are shaped specially for them and these containers happen to have 12 slots (or 30 etc.). So when you buy “a dozen” eggs you can say a svara that it is as if you are buying a pound. (The fact that Europe switched to selling by the pound might over turn this svara though)

    #970144
    Sam2
    Participant

    42: Slices of pizza or bagels would fall into the Machlokes of “Es Shedarko vs Kol Shedarko”.

    #970145
    yehudayona
    Participant

    To pick a nit (which is a type of egg), eggs will be sold by the kilo, not the pound. The article says the packaging will not be allowed to say how many eggs are in the package. In the United States, egg cartons include the net weight (24 oz. per dozen for large, 27 oz. for extra large, 30 oz. for jumbo) along with the count. It sounds like they’re still going to sell eggs in cartons of a dozen in the UK, but they simply won’t be able to label them that way.

    #970146
    Rebbe Yid
    Participant

    If eggs aren’t batel then what’s the svara behind cooking 3 eggs at a time so that if there’s a blood spot in 1 it will be batel?

    #970147
    yitayningwut
    Participant

    Eggs are not batel when they are their shells on.

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