Question:
Hello,
Earlier today my wife made a hot Choco from leftovers of a chocolate spread. The sheilah we have is as follows:
She boiled milk in a pot on the fire, then took the glass jar of chocolate spread (that still had some leftovers inside, but not enough to scrape out) and poured the hot milk inside the glass jar. After shaking the jar she poured everything back inside the pot, having made a delicious hot Choco from chocolate spread leftovers.
However, 1) since the glass jar wasn’t toiveled, was she allowed to do this or was it still okay because the jar wasn’t completely empty?
2) if it was not allowed, what’s with the drink? Is it mamesh treif? And how would all this affect the status of the milchige pot she used?
Answer:
Thank you for your question.
- Regarding putting the milk inside the jar, there is controversy among the poskim if the glass jar would need tevila in order to reuse it or not. Some poskim say that since it was meant just to use and throw out, that it’s isn’t considered a kli, and when you decided to reuse it, we consider it as if you are the one who made the kli and it wouldn’t need tevila. Additionally, your pouring the milk into the jar was not in order to store the milk, but only as a means to get the choco out of the jar, and to empty the jar. therefore it is part of emptying the jar and permitted.
- Even if you would not have been able to put the milk in, the choco that was made is permitted to drink. The halacha is that in retrospect, if a kli that had to be toveled was used, although it was assur to do, the food is still permitted to use (Rema Y:D 121-16). It certainly will not make your pot trief.
Sources:
Igros Moshe Y:D 2- 40, 137, Inchas Shlomo 2-66(10), SS”K 9 ftnt. 44, Teshuvos Vhanhagos 1-446, 447, Chelkas Binyomin 120 ftnt. 14, Poskim.
