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5. The species of milk and meat which contain a Basar Bechalav prohibition:
A. Introduction:
The Torah states “Do not cook a goat in its mother’s milk” however the Sages taught through the oral tradition of Torah that it is not exclusive to only such a case [of cooking the child in the mother’s milk], but also includes a prohibition against cooking other meats together with other milks.[1] Nonetheless, as will be explained, not all sources of meat and milk contain a Biblical prohibition of Basar Bechalav. In general, the forms of meat and milk are split to three categories:
- The Biblical species of meat and milk.
- The Rabbinical species of meat and milk.
- The Maaras Ayin species of meat and milk.
B. General rules:
The following are the general laws applicable towards the various categories of meat and milk:
- Category 1-Biblical mixtures: In all cases, a mixture can only be Biblically forbidden if both ingredients of meat and milk are Biblical ingredients! Whenever a cooked mixture of species of meat and milk is Biblically forbidden to be eaten, it may not be cooked, sold or benefited from, as explained in Halacha 1 and 3.
- Category 2-Rabbinical mixtures: If only one ingredient is a Biblical species while the other is Rabbinical, it is only Rabbinically forbidden. It remains Rabbinically forbidden even if both species are Rabbinical ingredients. Whenever a mixture of species of meat and milk is only Rabbinically forbidden to be eaten, it may be sold and benefited from, as explained in Halacha 2. There do, however, exist cooking limitations, at times due to a Rabbinical prohibition and at times due to Maaras Ayin, as will be explained by each individual species. If, a Rabbinical species of milk or meat falls into the opposite food, it requires 60x.
- Category 3-Maaras Ayin mixtures: Whenever a mixture is forbidden to eat because of Maaras Ayin and not because of a Rabbinical prohibition, then if it falls into meat it does not require 60x against it.[2] Likewise, whenever a mixture is forbidden to be cooked due to Maaras Ayin, it is permitted to be cooked for the sake of using it as medicine for an ill person. It may likewise be eaten by an ill person [even if he is not in danger[3]] if its eating prohibition is merely due to Maras Ayin.[4]
*Important note:
In all cases, a mixture can only be Biblically forbidden if both ingredients of meat and milk are Biblical ingredients!
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[1] Michaber 87:2
[2] Michaber 87:4
[3] Taz 87:5
[4] Shach 87:7; Taz 87:5 “When the Rama said ‘initially it is forbidden’ this implies that if there is a great need, or if it is for medical purposes even if the individual is not in danger, it is permitted to cook poultry with milk, and even more so regarding non-Kosher milk, since the prohibition against eating it is only Rabbinical.”; Kneses Hagedola 879; Lechem Hapanim 87:6; Beis Lechem Yehuda 87:8; Halacha Pesuka 87:3; Shulchan Gavoa 87:16; Chochmas Adam40:4; Beis Yitzchak 87:11; Aruch Hashulchan 87:17; Zivcheiy Tzedek 87:27; Kaf Hachaim 87:33
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