Basis of Davar Sheyesh Lo Matirin and Waiting Me'eis Le'eis for Vessels

From: Rabbi Moshe Sofer

To: Rabbi Gavriel

Description

R' Gavriel challenged the Shach's ruling that one must wait twenty-four hours after bitul in sixty for a forbidden vessel's absorbed taste, questioning on what basis the item qualifies as davar sheyesh lo matirin from the Torah. The Chasam Sofer upholds the Shach, demonstrating that DSHIL"M status is assessed based on the original state of the mixture, rooted in the principle of min bemino which prevents bitul on a Torah level. He resolves the difficulty from Bava Metzia 53b by distinguishing between a matir that takes effect automatically and one requiring active effort.

Source: Shu"t Chasam Sofer YD §96

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