The Cooking Prohibition of meat and milk and its application:[1]
- The General Prohibition:[2]
It is a Biblical prohibition to cook meat with milk and one who does so and cooks a total of a Kezayis worth of meat with milk is liable for lashes. [It is Biblically forbidden to cook even less than a Kezayis of meat/milk together, although one who does so is not liable for lashes.[3]] It is forbidden to cook meat and milk together even for the sake of a gentile or animal.
- Its Application:
Raising the fire under a gentile’s pot:[4] Some Poskim[5] forbid a Jew from raising the flame under a gentile’s pot due to concern of re-cooking the meat and milk absorbed in the pot.[6] However, this is generally considered a stringency, and leniency is accepted when the pot’s status and contents are unknown.[7] However, if the pot is known to be Ben Yomo of milk, and meat is cooking inside, all agree it is forbidden to raise the flame.[8] [It goes without saying that if one knows for certain that there is meat and milk cooking in the pot that it is forbidden to raise the flame.]
Having a gentile cook meat with milk in her pots in one’s home:[9] Some Poskim[10] forbid allowing a gentile to cook in his own pots inside a Jewish home[11] due to concern the Jew may raise the flame and transgress Basar Bechalav. [It thus goes without saying that it would be forbidden to allow a gentile maid to cook meat with milk in one’s home, even if she uses her own pots, due to suspicion that one may come to raise the flame and transgress the Biblical prohibition of cooking Basar Bechalav.] Accordingly, a maid must have separate pots for meat and milk even if she will be cooking non-Kosher food in them. Nevertheless, this is a mere stringency and the world is not careful to do so.[12]
May one cook food in a Treif pot for the sake of a gentile?
- One works as a caretaker in the home of a gentile. The gentile asks the Jewish caretaker if he can heat up milk in a pot for him. Now, the gentle’s pots are used for both meat and milk. May he nonetheless heat milk in the Treif/meat pot?
If the pot is Ben Yomo of meat[13], it is Biblically forbidden for a Jew to cook milk in it—even for a gentile.[14] [Thus, in the above case scenario, the Jew would have to tell the gentile to place the pot on the burner and turn on the flame under it.[15]] If, however, the pot is not Ben Yomo, then it is permitted to cook milk in it for the sake of a gentile.[16] Nevertheless, it is proper to be stringent even in such a case.[17] This stringency especially applies if one is unsure if the pot was used for meat/milk within the past 24 hours.[18]
Pareve non-Charif foods: From the letter of the law, one may cook non-Charif Pareve foods in the Treif pot, even if it is Ben Yomo of Basar Bechalav use.[19] Nonetheless, it is a stringency to avoid doing so.[20]
A Davar Charif: It is seemingly forbidden to ever cook a Davar Charif together with meat in a dairy pot even if it is not-Ben Yomo.[21] The same applies vice versa. Accordingly, it is a stringency to never cook a Pareve Davar Charif food in the pot of a gentile, even if the pot is not Ben Yomo.[22] [Thus, in the above example, if the gentile asked the caretaker to make him fried onions, he should have the gentile turn on the flame.]
[1] Michaber 87:1; Tur 87:1; Rambam Sefer Hamitzvos Mitzvah 187; Machalos Assuros 9:1; Rebbe Yishmael in Chulin 115b
[2] Rambam Machalos Assuros 9:1; See Admur 442:29
[3] Pischeiy Teshuvah 87:2 in name of Tzalch Pesachim 22; Erech Hashulchan 87:2; Kaf Hachaim 87:9; However, see P”M 87 Pesicha 3 who leaves this matter in question.
[4] Rama 87:6
[5] Hagahos Mordechai on Avoda Zara
[6] Lit. “at times they cook meat and at times they cook milk”. This means that the walls of the pot have Basar Bechalav absorbed within them, and hence the milk and meat which is absorbed in the walls of the pot comes into the food which is cooking inside it. [See Kaf Hachaim 87:59]
[7] Rama ibid in end of this Halacha “Bedieved there is no need to suspect for any of this, and even initially it is a mere stringency and one who is lenient does not lose out.”; Shach 87:18; Peri Chadash 87:16; P”M 87 S.D. 18; Machazik Bracha 87:22; Pleisi 87:13; Chochmas Adam 40:7; Aruch Hashulchan 87:31; Kaf Hachaim 87:59
The reason: There are two possible reasons behind why this is a mere stringency and not a prohibition: 1) As having the taste of meat and milk enter from the walls of the pot into the food is not Derech Bishul [the usual way of cooking] and is thus not forbidden. [Peri Megadim S.D. 87:18; Pleisi 87:13; Machazik Bracha ibid; Chochmas Adam 40:7; Aruch Hashulchan 87:31; Kaf Hachaim 87:59] If, however, the pot is Ben Yomo of milk or meat and one knows this to be the case, then it is forbidden to raise the flame under such a pot if the opposite food is currently cooking inside. [Peri Megadim ibid and Kaf Hachaim ibid; See Yad Yehuda 87:30 and Ha’aruch 87:14] 2) As there is no Bishul Achar Bishul [cooking after cooking] by Basar Bechalav. Meaning once meat and milk have been cooked together further cooking is not prohibited. [Aruch Hashulchan 87:31 in his first explanation, although he concludes the Achronim are stringent] Practically, the Poskim conclude that there is Bishul after Bishul by Basar Bechalav and it is hence only permitted due to the first reason mentioned above. [Peri Megadim 87 S.D. 18; Pleisi 87:13; Machazik Bracha ibid; Aruch Hashulchan ibid; Kaf Hachaim ibid]
[8] Peri Megadim ibid; Machazik Bracha ibid; Zivcheiy Tzedek 87:44; Kaf Hachaim ibid
[9] Shach 87:18
[10] Haghos Mordechai Avoda Zara
[11] Does this include Pareve foods? The Mordechai ibid writes it is forbidden for him to cook non-Kosher meat in his pot in the house of a Jew. In truth, however, it is prohibited to cook all foods in the pot, even Pareve, as the same logic applies by all foods. [Shach 87:18] Meaning to say: Since the pot walls have absorbed meat and milk, when one cooks in the pot, irrelevant of what the food is, one is re-cooking that absorbed meat and milk, and hence once again transgresses the prohibition of cooking Basar Bechalav. Thus, the prohibition applies whether the food being cooked is Kosher or Treif, and even to mere water. [See Peri Megadim S.D. 87:18; See Gilyon Maharsha who learns from here that it is forbidden to re-cook a meat and milk mixture that was cooked previously. Hence, the prohibition is not because one will come to forbid the food in the pot, as there is no prohibition against absorbing Treif into a gentile’s food. The only time there is a prohibition is to cook meat with milk.] Tzaruch Iyun on this ruling of the Shach to include Pareve foods, as certainly there is more of a problem if meat is cooking in the pot versus Pareve cooking in the pot, as explains the Peri Megadim S.D. 87:18 that if the pot is Ben Yomo of milk there is an actual prohibition [and not mere stringency] to forbid cooking meat in it. However, when Pareve is cooking in the pot there is no prohibition, as it is not Derech Bishul. Hence perhaps the ruling of the Mordechai is limited to letting the gentile cook meat or milk in his pots in one’s home, and does not apply to other Pareve foods. Vetzaruch Iyun!
[12] The reason: This follows the same reason mentioned in the previous case for why it is only a mere stringency to prohibit raising the flame under the pot of a gentile. See there!
[13] This refers to meat of a Kosher animal.
[14] Peri Megadim 87 S.D.18; Machazik Bracha 87:22; Zivcheiy Tzedek 87:44; Kaf Hachaim 87:14 and 59
[15] See Admur 253:27; M”A 253:41, that although we rule in Beitza 34a that if on Shabbos one places the pot on the fire and another turns on the flame, only the second person is liable, it is nevertheless, Rabbinically forbidden. Hence, seemingly, here as well the gentile is to both place the pot on the flame and turn it on.
[16] Chamudei Daniel 87:18; Pischeiy Teshuvah 87:8; Zivcheiy Tzedek 87:17; Kaf Hachaim 87:23;
The reason: As the Sages did not extend their decree against cooking to a case where the mixture would only be Rabbinically forbidden, and there is no worry of Maaras Ayin in this case as the onlooker does not know whether the pot is dairy or meat. [Poskim ibid]
[17] Pischeiy Teshuvah 87:8
[18] Rama 87:6 brings in name of Mordechai to be stringent not to even raise the flames under a non-Kosher pot, and hence certainly this applies here even though in general we rule that an unknown vessel is assumed to be not Ben Yomo.
[19] P”M 87 S.D. 18
The reason: As even if the pot contains Ben Yomo Basar Bechalav taste due to a prior cooking, there is no prohibition of cooking Basar Bechalav involved in causing the Basar Bechalav taste to enter into the food he is now cooking for the gentile.
[20] Rama ibid and Shach 87:18 in name of Mordechai;
[21] The reason: As since a Davar Charif is viewed as “Beiyn” it is like one is actually cooking the milk and meat together.
[22] The reason: As the onions extract Beiyn taste of meat and milk into the onions and it hence ends up recooking the Basar Bechalav. Nonetheless, this matter is a mere stringency, as explained in the Rama and Poskim ibid, as it is not considered Derech Bishul.
