[Avodah] Ein Mevatlin issur lechatchilah

[Zev Sero]

rabbirichwolpoe at gmail.com wrote:
> Given
> A Jew may not mevateil issur lechatchilah
> 
> And a corollary
> A Jew may not ask a Gentile to mevateil issur on his behalf.
> 
> Q1:  what if a Gentile in the course of producing X (eg gelatin) 
> Is mevateil issur lechatchilah but lav davka for a Jew. If a Jew later
> buys it, is it huvrar lemafreI'a?
> 
> Q2: Does putting the Gentile process under a kosher supervising agency
> tantamount to being mevateil the issur lechatchila for the eventual
> Jewish purchaser?
> 
> Any relevant Shu"t or other material is appreciated.


AIUI this is the subject of a long-standing machlokes.  What I'm
remembering is that the sides are the Rashba and the Noda Biyhuda, but
that doesn't make any sense; there must be some rishon that argues with
the Rashba, or the Noda Biyhuda couldn't.  But AIUI this is precisely
the attitude that hechsherim take: if it's made without a hechsher then
it's botel and it can be certified as kosher so that Jews can buy it,
but it can't be made lechatchila under a hechsher.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher