Bitul B’shishim - Carmine

QUESTION: A drink contains a very tiny amount of carmine (a color obtained from crushed beetles). It is much less than one part in sixty, but it colors the entire drink red. I realize that carmine is not kosher, but since it is such a small amount, is the drink kosher?

ANSWER: This is a matter of dispute among poskim.

The Pri Chadash (102:5) writes that non-kosher items that give color into other foods are not batel (nullified) even in sixty parts. This is based on the Gemara (Bava Kama 101a). The Gemara discusses wool which was dyed with something that was forbidden—is the wool forbidden, or since all that remains in the wool is the color, perhaps color does not have significance? The Gemara leaves this question unresolved. Therefore, the Pri Chadash (102:5) writes that we must apply the rule safek d’oraisa l’chumra (we must be strict regarding doubts that involve a Torah prohibition). If a colorant such as carmine, which can be a Torah prohibition, is mixed into a food, so long as we see its effect, we must be strict to consider the color as though it is not batel, and the food will remain forbidden.

However, the Minchas Yaakov (74:5) and Beur Ha’Gra (YD 102:6) disagree with the Pri Chadash and explain that this Gemara is discussing only issurei hana’ah (items from which it is forbidden to benefit). Since one may benefit from carmine, they maintain that the question discussed in this Gemara is not relevant.

The Pri Megadim (YD Mishbetzos 100:1) and the Chasam Sofer (see Darchei Teshuva 102:30) cite this dispute and conclude that it remains unresolved, and one must be concerned for the ruling of the Pri Chadash. Rav Belsky zt”l as well ruled that carmine, even at levels of parts per million, still adds noticeable color and must be considered non-kosher.

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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.