Q. On a recent kashruth question, the Rabbi who supervises the product told me, that it is totally permitted lekatchila, even though Bitul Beshishim was used as a Heter. Is this correct? Should not one abstain lekatchila from eating anything that required bitul to permit it?

A. It is not clear from your question, what exactly was the Kashrus issue involved. As a general rule, however, if becoming annulled permits this prohibited food that was mixed in sixty kosher parts, and no Poiskim disagree that this is a clear-cut case of bitul beshshim, the following applies. Pischei Teshuva (Y.D. 116,10) quotes two opinions whether one is allowed to be stringent and discard the annulled food. He cites the Soles Lemincha opinion that it is unacceptable to contravene an unambiguous heter of our sages and it is tantamount to heresy. A similar opinion, although presented from a different perspective, is offered by Bnai Isoschor (2, Chodesh Ador , Maamar 2) and he reasons; that if Hashem provided that this particular banned food should become unquestionably permitted, it is His will that the “nitzotz” (spark of holiness) therein contained, should have a “tikun”, be mended and returned to it’s source, and therefore it is a mitzvah to eat it.

In addition, there is also the general prohibition of “baal Taschis” or unnecessarily destroying something that can be used. According to some Poiskim, excepting tree devastation, this is only a rabbinic injunction (Rambam, H. Melachim 6, 10). Others maintain that it is an allover Biblical proscription. (Smag, L.229, Yereim 322).

It is important to mention that bitul beshishim is permitted only when not done intentionally, even by a Gentile for Jewish use. (Y.D. 99,5 – see commentaries).
Hoping the above elucidates your question. Please feel free to contact us for further discussion.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a