Cheres - Extended Disuse

QUESTION: I have heard people say that even though china or ceramic that was used with non-kosher cannot be kashered, it can be put away for a year, and then it may be used without kashering. Is this correct?

ANSWER: This is a misconception which is based on a misunderstanding of a ruling of the Chacham Tzvi. The Chacham Tzvi (siman 75) writes that if a pot was not used for twelve months, the absorbed taste (ta’am) in the pot dissipates and is no longer a halachic concern. Thus, if a chametz pot was not used for a year and it was accidentally used on Pesach, the food would be permitted (even if used to cook spicy foods). Nonetheless, the Chacham Tzvi writes that one may not use the pot lechatchila, lest one become confused and assume that non-kosher pots may be used without kashering, even without waiting 12 months. Since non-kosher china or ceramic cannot be kashered even after waiting 12 months, they may not be used lichatchila, even after a long period of time has elapsed.

Rav Moshe Feinstein zt”l (Igros Moshe YD 2:46) suggests that that if one follows the logic of the Chacham Tzvi, there is a basis to be more lenient than the Chacham Tzvi and permit using expensive porcelain dishes that became non-kosher after twelve months, even without kashering at all. Furthermore, if one would perform hagolah (immersing in boiling water) three times, there is additional reason to be lenient, since the Bal Ha’itur quoted in the previous Halacha Yomis allows earthenware to be kashered with three hagolos. Perhaps by combining these two considerations for leniency, we can permit the use of these dishes. Nonetheless, Rav Moshe writes that since most poskim reject both the ruling of the Chacham Tzvi and the Bal Ha’itur, this is not a valid heter. However, in certain cases of great necessity, such as a family of baalei teshuva who wish to make their kitchen kosher, one may justify performing hagolah three times to allow the use of the dishes. In all such cases, a rabbi should be consulted.

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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.