Two Insects Found in Food

Q. I found two flies in my soup. Am I permitted to eat the rest of the soup, or must I be concerned that there are more?

A. This question would hinge on a disagreement between Rebbi and Rabban Shimon Ben Gamliel in Yevamos 64b. as to how many times an event must occur before it creates a chazaka (assumption that it will occur again). Rebbi rules that two times creates a chazaka and Rabban Shimon Ben Gamliel rules that a chazaka is created only after three times. Who does the halacha follow?

Teshuvos HaRashba (1:113) was asked, what is the halacha if two insects were found in food? Must you be concerned that there are more? He writes that if only two are found, the food can be consumed without inspection. However, if you find more, there is a chazaka (assumption) that the food is infested, and the food cannot be eaten until it is thoroughly checked. The Bach (YD 100) points out that there is an apparent contradiction in the rulings of the Rashba, since elsewhere the Rashba indicates that one should be concerned even if two insects are found. He therefore recommends being strict and require checking once two insects are found.

Nonetheless, Shulchan Aruch (YD 84:9) writes that the food must be checked only if three or four insects are found. Most Poskim (Taz, Shach, Chochmas Adam) follow the ruling of Shulchan Aruch that finding two insects is of no concern.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.