A Fleishig Pot Not Used in the Past 24 Hours

I made spaghetti in a pot that had not been used for fleishig for 24 hours. My son would like to take some of the spaghetti and add cheese to it. Is that okay?

Everyone agrees that after the fact (bidieved), spaghetti that was accidentally cooked in a fleishig pot, that was not used for meat for more than 24 hours, is treated as pareve, and cheese may be added to the spaghetti (Rama, 95:2).

May one also deliberately cook spaghetti (lichatchila) in a fleishig pot that was not used for 24 hours, with the intention of adding cheese? This is a matter of dispute. The Taz (YD, 95:4 in the name of the Maharshal) and the Chochmas Adam (49:2) say no, it is not permissible. (In some circumstances, such as if this is the only pot available, there may be room for leniency.)

On the other hand, the Kaf Hachayim (95:3) rules that it is acceptable. Some feel that this is the implied opinion of the Vilna Gaon as well. (92:2).

What should an individual do? Who do we follow? Best to check with your local Rabbi.

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.