Kol haposel

You all ready for some shulchan oruch I learned today? Excellent. This is in no way intended to replace a thoroughly competent orthodox rabbinical figure, and anyone who paskens from here deserved whatever happens to them.

The mechaber writes, in siman 110 Halacha 7, concerning any mixture of kosher food and food that is not able to be nullified, for example a live animal, an insect, a piece of meat worthy of being served for a guest, or a forbidden item that will in the future be permitted. If one of these non-Kosher foods is mixed up (not cooked) with a similar kosher food then the entire mixture is forbidden because it's impossible to know what is kosher and what is not kosher. If, however, one of the pieces of the mixture is lost forever, for example it's eaten by someone accidentally, then the remainder may be eaten, provided that double the amount of original forbidden food is consumed each time consumption occurs.

For example, if someone has ten kosher steaks and a tenth non-kosher steak gets mixed up among them, and then one of the steaks is accidentally eaten, then a person could eat two steaks at a time, no problem. Why two? Because then there's always at least biblical permission to eat the one (potential) non-Kosher steak. If there's only one then at some point you'll definitely be eating treif, and of course it's forbidden to eat treif. The same reasoning would apply if three treif pieces originally fell into the pot; you'd have to eat six pieces every time, in order to make certain of the biblically-mandated majority kosher meat.

The Taz (ches) asks why the Mechaber allows the remainder of the previously-forbidden mixture to be eaten. It's because we consider the missing piece to have been the forbidden piece. The question then arises, why didn't the rabbis forbid this mixture, because we should be scared that someone will then intentionally eat one piece in order to permit the remaining pieces.

The reason the rabbis didn't forbid this is because what this person would in effect be doing is eating a piece of treif meat (remember, that's what we consider the missing piece to be) in order to make the rest of the meat kosher. But if he cares about the rest of the meat being kosher, then he's not going to eat the treif! And if he doesn't care, then he's going to eat it anyway! So either way, you're fine.

The Taz says, this can't be right. Of course no Torah-observing Jew is going to eat treif, but who's to say he won't get rid of it somehow else, like by giving it to a non-Jew or dog, or by throwing it into the sea? Therefore the Taz says that we do in fact prohibit the entire mixture, even if a piece is accidentally lost.