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- Forms of milk:
- Milk from domestic Kosher animal:[1]
The milk from a domestic Kosher animal contains a Biblical Basar Bechalav prohibition.[2] This applies even if the milk is not Kosher due to it being a Treifa, as will be explained in B. See Halacha 5A!
The status of white sugar:[3] In previous times, some were particular not to eat sugar with meat products as some seller whitened the sugar using goat milk. Others, however were not careful in this.[4] Practically, today this suspicion no longer exists and there is hence no need to abstain from eating sugar with meat.[5]
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- Non-Kosher milk:[6]
Milk from non-Kosher species of animals: The milk of a non-Kosher species of animals [i.e. horse, ham] does not contain a Basar Bechalav prohibition. Thus, from the letter of the law, it may be cooked with milk and benefited from.[7] However, practically, it may not be cooked with meat due to Maras Ayin.[8]
Milk from a Kosher domestic animal which is a Treifa: The milk of a Kosher species of a domestic animal which is not Kosher due to it being a Treifa[9], retains a Biblical Basar Bechalav prohibition and it is thus Biblically forbidden to be cooked together with milk and one who does so receives lashes. See Halacha 5B regarding Neveila meat for the full details of this subject!
Milk of a Kosher animal which is not Chalav Yisrael: The milk of a Kosher species of a domestic animal which is not Kosher due to not being Chalav Yisrael, retains a Biblical Basar Bechalav prohibition, and is hence Biblically forbidden to be cooked eaten or benefited with meat.
- Milk from Kosher wild animals:[10]
The milk of a wild Kosher animal does not contain a Biblical Basar Bechalav prohibition to cook and eat with meat. However, it does contain a Rabbinical Basar Bechalav prohibition against eating it with meat [and hence if it falls into a pot of meat it requires 60x]. [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[11]]
Status of cooking and benefit: The milk of a Kosher species of wild animal [Chayah] does not contain even a Rabbinical Basar Bechalav prohibition against cooking it with meat, or against benefiting from its mixture, and hence from the letter of the law, it may be cooked with meat and benefited from.[12] However, practically, it is forbidden to cook it with meat due to Maras Ayin.[13] See Halacha 5C regarding Chayah meat for the full details of this subject! It does however remain permitted in benefit, as explained in Halacha 2.
Non-dairy milk, such as almond milk is not considered real milk, although due to its appearance of milk, and its potential misrepresentation to the onlooker [i.e. Maaras Ayin][16], its use with meat contains certain restrictions which are as follows:[17]
Cooking/eating with domestic animal meat [i.e. cow, lamb]:[18] Domestic animal meat may not be cooked with almond milk unless one places almonds within, or near[19], the mixture. It is forbidden to be cooked without placing almonds near it due to Maaras Ayin. This applies even if one does not plan to eat the food, such as he plans on giving it to a gentile.[20] [This applies even if the milk will not be recognizable after it is mixed in with meat.[21] If the meat is not cooked together with the almond milk and one simply desires to eat them together cold, then some Poskim[22] rule it is permitted to do so even without placing almonds in the mixture. Other Poskim[23], however, rule that one must place almonds in the mixture even in such a case. Bedieved, if one cooked the almond milk together with the meat without almonds, then it remains permitted to be eaten so long as the milk is no longer recognizable and one did not do so Bemeizid.[24]]
Cooking/eating with poultry: Being that poultry is not considered a Biblical form of meat regarding the laws of Basar Bechalav, the Poskim debate as to whether it may be eaten with almond milk without restriction. Some Poskim[25] [i.e. Rama] rule it is permitted to cook [and eat[26]] chicken with almond milk even without placing almonds by the food.[27] However, other Poskim[28] [i.e. Shach] rule it is forbidden to do so due to Maaras Ayin, unless one places almonds by its side.[29] Practically, one is to initially place almonds near the chicken, although if he is unable to do so, he may nevertheless eat poultry with almond milk.[30] [Certainly, Bedieved, the mixture remains permitted. The above is only necessary if one is eating in public view. If, however, he is eating in private[31], he may even initially cook/eat chicken with almond milk without placing almonds near it.[32] Regarding eating the chicken together with the almond milk while cold without placing almonds there, this is subject to the debate mentioned previously.]
Summary: It is forbidden for one to cook meat together with nondairy milk, unless there is a sign which is left in or near the meat which shows that it is nondairy milk, such as adding almonds to meat that is cooked with almond milk, or following one of the alternatives to be explained below. If one does not have any sign available, then by poultry one may be lenient to cooking it together with nondairy milk. This especially applies if one is cooking in the privacy of his home.
Q&A Does leaving almonds by the meat help even by non-almond nondairy milk, such as soy and coconut milk and like?[33] Some Poskim[34] rule that leaving almonds by the meat helps by all types of non-dairy milk. Other Poskim[35], however, question this matter.
The labeled container-Alternatives to leaving almonds by the meat:[36] Another alternative to leaving almonds by the meat is to leave the labeled container of the nondairy milk near the meat. Hence, one can use any type of nondairy milk for cooking with meat even if he does not have almonds available, if he leaves the container of the nondairy milk on the counter near the part of meat [and brings it to the table for the meal if the milk is still recognizable in the meat after the cooking].
I made my own coconut milk and store it in a glass jar without any label, may I use it for cooking with meat?[37] The best thing would be for you to place a label on the jar which explicitly states that it is coconut milk and then leave the jar near the pot of meat, and on the table near the plate of meat. The only other alternative when cooking actual meat with coconut milk, is to add almonds to the meat, following the lenient opinion stated above.
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- Breast milk:[38]
A woman’s milk is considered Kosher once it is pumped out[39], and it may then [even Lechatchilah[40]] be consumed by any person [if it is breast milk of a Jew[41]].[42] A woman’s milk is not considered real milk and thus does not contain a Basar Bechalav prohibition.[43] Nonetheless, due to its appearance of milk, and its potential misrepresentation to the onlooker, its use with meat contains certain restrictions as will be explained. [Practically, today people no longer drink woman’s milk and are repulsed by it. Accordingly, it is forbidden to drink the milk due to Bal Tishaktzu, and the following details only relate to the theoretical letter of the law.[44]]
Cooking/eating with domestic animal meat:[45] It is forbidden to cook meat with women’s milk due to Maaras Ayin.[46] [If the meat is not cooked together with the woman’s milk and one desires to eat them together cold, then some Poskim[47] rule it is permitted to do so.[48] Other Poskim[49], however, rule it is forbidden even in such a case due to Maaras Ayin.[50]]
Cooking/eating with chicken: Being that poultry is not considered a Biblical form of meat regarding the laws of Basar Bechalav, the Poskim debate as to whether it may be eaten with women’s milk without restriction. Some Poskim[51] rule it is permitted to cook [and eat[52]] chicken with woman’s milk.[53] However, other Poskim[54] rule it is forbidden to do so due to Maaras Ayin.[55]
If the milk fell into the meat:[56] If the breast milk [accidently[57]] fell into meat, it is nullified and does not require 60x. [Some Poskim[58] rule it does not even require majority against it. Other Poskim[59], however, rule that there must be majority of other foods against the milk. If the breast milk was intentionally placed into the meat, the food is forbidden for the perpetrator and those who it was intended to be eaten by.[60]]
Summary: Pumped breast milk of a Jew is even initially permitted in consumption, although today it is considered repulsive to consume it, and is hence not to be done. Breast milk is considered Pareve, although may not be added to meat foods, due to Maras Ayin. If breast milk accidentally fell into a meat food, the food remains Kosher. Q&A May one cook meat with breast milk if he places almonds inside? Some Poskim[61] rule that leaving almonds by the meat helps by all types of non-dairy milk. Other Poskim[62], however, question this matter.
May a bottle of pumped breast milk be washed in the meat sink, or in the meat dishwasher? From the letter of the law, it is permitted to wash a bottle of breast milk in a meat sink even if there are meat leftovers inside, and there is no Maras Ayin prohibition against doing so.[63] This, however, only applies if one washes dishes using water that is below Yad Soledes, otherwise one is not to rinse this bottle in a meat sink that contains meat leftovers, due to Maras Ayin.[64] Thus, it is better not to place the bottle in a meat dishwasher which uses hot water for washing dishes.[65] Furthermore, it is proper to avoid washing the bottle in a meat sink even if cold water is generally used, in order to avoid possible confusion and mix-up from occurring as a result.
What is the law if some of the bottled breast milk sprinkled onto a meat food? The food remains permitted, as stated above.
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Male animal milk: It is Biblically permitted to cook and eat the milk of a male [animal] together with meat.[66] Nonetheless, it is [Rabbinically[67]] forbidden to cook or eat male [animal[68]] together with meat [of even a wild animal or poultry[69]].[70] Thus, if it became mixed with meat, the mixture is forbidden [unless it contains 60x against it] just as is the law regarding regular milk.[71] [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[72]]
Male human milk: Male [human[73]] milk is not called milk at all [and is thus not even Rabbinically prohibited to eat with meat[74]].[75] It is, however, forbidden to be eaten together with meat due to Maras Ayin, just as is the law regarding woman’s milk.[76] See Halacha E for the full details of this matter!
It is Biblically permitted to cook and eat the milk found in the udder of a slaughtered[77] Kosher animal together with meat.[78] Nonetheless, it is [Rabbinically[79]] forbidden to cook or eat it together with meat [of even a wild animal or poultry[80]].[81] Thus, if it became mixed with meat, the mixture is forbidden [unless it contains 60x against it] just as is the law regarding regular milk.[82] [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[83]]
It is Biblically permitted to cook and eat Meiy Chalav together with meat.[84] Nonetheless, it is [Rabbinically[85]] forbidden to cook or eat it together with meat [of even a wild animal or poultry[86]].[87] Thus, if it became mixed with meat, the mixture is forbidden [unless it contains 60x against it] just as is the law regarding regular milk.[88] [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[89]]
Definition of Meiy Chalav:[90] During the curding process of turning milk into cheese, a byproduct of liquid milk, called whey, is formed. This whey liquid is made up of approximately 50% milk solids, including most of the lactose and lactalbumin. When this whey liquid is cooked, it separates the 50% solid particles from the actual liquid, causing the solids to float on top, thus creating a watery extract from the whey. The Poskim debate as to which of the liquids defined above is considered Meiy Chalav; is it the byproduct of cheese which is called whey, or is it the liquid extract that becomes separated from the whey after it is cooked. The following is the ruling in Poskim: Some Poskim[91] rule that Meiy Chalav is defined as the whey of the milk that separates during the process of making cheese. Accordingly, the uncooked milk whey that remains after the cheese making process is only Rabbinically forbidden to be eat with meat. Other Poskim[92], however, rule that Meiy Chalav is defined as the liquid that remains after cooking the whey of the milk that remains after turning it to cheese. However, prior to the cooking, the whey of the cheese is called “Nisyubei Dechalba” and is defined as actual milk and is Biblically forbidden to cook or eat with meat. Practically, we rule like the latter opinion.[93] Whatever the case, even the watery liquid that remains after cooking the whey is defined as Meiy Chalav and is Rabbinically forbidden to be eaten with meat and requires 60x.[94]
- Chalav Keiva/Stomach milk:[95]
The milk that is found in the stomach of a dead animal [whether slaughtered, Neveila or Treifa[96]] is not considered milk [but rather feces[97]] and is thus permitted to eat with meat. This applies even if the milk is still liquidy and has not yet congealed.[98] However, there is an opinion[99] who forbids eating [liquidly stomach milk[100]] with meat.
The custom and final ruling: Practically, the custom is to forbid eating liquidly stomach milk with meat.[101] This applies even Bedieved, and thus if it fell into meat one requires 60x versus the milk.[102] However, congealed stomach milk is considered like feces according to all[103], and is thus permitted to be eaten with meat.[104] Nonetheless, Lechatchilah one is to be stringent against cooking even congealed stomach milk with meat due to Maaras Ayin.[105]
General Summary of Halachas 3-6 The Biblical prohibition: It is Biblically forbidden to either cook, eat, or benefit from meat and milk in the following case: The meat and milk are both from a Kosher[106] domestic[107] animal and have been cooked, roasted, smoked, or placed in a Keli Rishon together with milk from a kosher animal. Thus, one must fulfill the following three conditions for it to be Biblically forbidden: 1. Kosher animal species 2. Domestic animal 3. Cooked together
The Rabbinical prohibition: A. General rules of Rabbinical prohibitions: 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. Whenever a mixture is forbidden to cook because of Maaras Ayin it is permitted to cook for the sake of using it as medicine for an ill person. It may likewise be eaten by an ill person if its eating prohibition is merely due to Maras Ayin. Whenever it is only Rabbinically forbidden to eat it may be sold and benefited from.
B. Rabbinically forbidden to eat and cook: 1. Bones, horns, skin, placenta, sinews, hooves 2. Meiy Chalav 3. Chalav Meisa 4. Male animal milk 5. Blood is Biblically forbidden to eat, but only Rabbinically forbidden to cook.
C. Rabbinically forbidden to eat and Maaras Ayin to cook: 1. Poultry[108] 2. Kosher wild animal meat or milk
D. Maaras Ayin to both cook and eat: 1. Human milk whether male or female 2. Almond milk without almonds
E. Biblically forbidden to eat but only Maaras Ayin to cook: 1. Milk or meat from a non-kosher species
F. Permitted to cook and eat with milk: Ø Fish Ø Locusts Ø Eggs Ø Chalav Keiva according to Michaber.
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[1] Michaber 87:3; Mishneh Chulin 113a
[2] Although the Torah states the milk of the mother, this is not literal, and it includes also the milk of any other Kosher animal. [Michaber 87:2] The milk of an animal which is before birth: One who cooks meat in the milk of an animal who is prior to giving birth for its first time, is Biblically liable. [Chulin 113b; Rashba Toras Habayis 3:4; Kneses Hagedola 87:23; Peri Chadash 87:4; Mateh Yosef 2:14-7-3; Zivchei Tzedek 87:11; Kaf Hachaim 87:17]
[3] Kaf Hachaim 87:34
[4] Rav Chaim Vital in Shaar Hamitzvos Parshas Mishpatim in name of Arizal; Radbaz 606; Machazik Bracha 87:9
[5] Kaf Hachaim ibid
[6] Michaber 87:3; Mishneh Chulin 113a
[7] Michaber 87:3.
[8] Rama 87:4; Shach 87:7 in his first [and later negated] explanation; Taz 87:5 in his conclusion; Teshuvas Rashba; Machazik Bracha 87:8; Zivcheiy Tzedek 87:27; Kaf Hachaim 87:32
Other Opinions: See Halacha 6B!
[9] See Michaber 81:1
[10] Implication of Michaber 87:3 who writes “Milk of a Tahor Beheima”, implying that the milk must be from a domestic animal; See all Poskim ibid in 5C regarding the meat of a Chayah, and the same would apply with its milk; Erech Hashulchan 87:11; Pischeiy Teshuvah 87:7 in name of Tiferes Lemoshe; Chidushei Rav Akiva Eiger on 87:6; Mikdash Me’at 87:11Zivcheiy Tzedek 87:16; Kaf Hachaim 87:22
Other opinions: Some Poskim rule milk of a Chaya is included in the Biblical prohibition of Basar Bechalav. [Megilas Sefer Lavim 140]
[11] So rule regarding Chalav Meisa: Shach in Nekudos Hakesef on Taz 90:12; Issur Viheter 15; Toras Chatas 30:14; Peri Chadash 90:20; Minchas Yaakov 30:45; Lechem Hapanim 90:30; Beis Lechem Yehuda 90:22; Kreisi 90:9; P”M 90 M.Z. 12; Erech Hashulchan 90:5; Beis Yitzchak 90:40; Aruch Hashulchan 90:17; Kaf Hachaim 90:48
Other opinions: Some Poskim rule that if meat soaked in the milk that was squeezed from a slaughtered udder then it is permitted, as meat and milk is only prohibited in the form of Derech Bishul, and we do not make a decree upon a decree. [Taz 90:12]
[12] Michaber 87:3 regarding Chayah meat and the same applies to Chayah milk
[13] Shach 87:7 in his first [and later negated] explanation; Taz 87:5 in accordance to his rule that Maaras Ayin applies by two Kosher foods; Rama does not mention the law by a Chayah but seemingly since it is Rabbinical there would be no concern for Maaras Ayin [see note below].
Other opinions: See Halacha 6C!
[14] Examples: Soy milk; Oat milk; Potato milk; Hemp milk; Pea milk; Almond milk; Hazelnut milk; Cashew milk.
[15] See Rama Y.D. 87:3; Encyclopedia Talmudit Erech Chashad Vol. 17 p. 585 and 715; Pesakim Uteshuvos 87:11-13
[16] The reason for the prohibition of Maras Ayin: One understanding is that the reason for the prohibition is because one may not do actions which will make him appear suspicious in the eyes of others, to be transgressing a command and they will think of him as a transgressor. Alternatively, a second understanding is that the prohibition is because people may be misled and come to think that the matter is permitted and then come to transgress themselves. [See Shach 87:6; Sdei Chemed Kelalim Mareches Mem Kelal Pei; Igros Moshe O.C. 2:40 and 4:82; Encyclopedia ibid; Pesakim Uteshuvos 87:11 footnote 115]
[17] There is discussion in the Poskim as to the cases and scenarios in which the worry of Maras Ayin was applied to, and if it applies to Rabbinical prohibitions or only Biblical prohibitions, and even when applying to rabbinical prohibitions when it comes to meat and milk there is discussion as to whether it should apply when both foods are called or both foods are not biblical meat and milk. This matter is debated amongst the Poskim as will be recorded below.
[18] Rama 87:3; Darkei Moshe 66:6; Toras Chatas 62:8; Rashal in Yam Shel Shlomo Chulin 8:52; See Michaber 87:4 regarding woman’s breast milk that it contains Maras Ayin and Michaber 66:9 based on Kerisus 21b regarding fish blood that if a places scales next to it and it is permitted
Other opinion: Some Poskim rule that there should be no restriction against cooking and eating even domestic meat with almond milk without leaving almonds next to it, being that the prohibition of Maras Ayin does not apply to imitation foods. [See Pleisi 87:7-8; Encyclopedia ibid footnote 203; Pesakim Uteshuvos 87:11 footnote 114; Although the Kreisy implies that one should to be stringent by domestic meat and should only use this argument of leniency for poultry, nonetheless, he later suggests that there is room to be lenient even by domestic meat being that everyone knows that the milk is Pareve.]
No almonds available: If one does not have almonds available, some Poskim rule that it is permitted to cook and eat the meat with the almond milk. [See Taz 87:4; Atzei Levona ibid; Encyclopedia ibid footnote 195 and 202] However, others are stringent. [Implication of Rashal ibid]
Stuffed cabbage with meat and almond milk: In Kushta, the custom was to serve rice cooked in almond milk after a meat meal by a Simcha and special occasion. Likewise, they eat stuffed cabbage, which is stuffed with meat and almond milk. The Poskim suggest various reasons for why they did not suspect for Maaras Ayin, such as that perhaps everyone knew this to be the standard practice and hence there was never a chance of Maaras Ayin to the onlooker. Also, perhaps the almond milk was not so recognizable in the stuffed cabbage. [Kneses Hagedola 87:8; Machazik Bracha 87:6 and 10; Yad Efraim 87; Kaf Hachaim 87:27; See Pleisi 87:8]
[19] Implication of Rama ibid; Chidushei Rav Akiva Eiger ibid; Rashal ibid, brought in Shach 87:6
[20] Implication of Rama 87:4 [that one may not cook non-Kosher meat with milk, and it is not possible to interpret that the Rama is referring to eating]; 1st approach in Shach 87:7 that Maaras Ayin applies even upon cooking a food; Rashba 3:257 regarding breast milk; Taz 87:5; Peri Chadash 87:7; P”M 87 S.D. 7 in opinion of Rama; Levush; Chochmas Adam 40:4; Yad Yehuda Pirush Hakatzar 87:12; Chidrei Deiah 87; Hagahgos Rav Akiva Eiger; Chochmas Shlomo; Pesakim Uteshuvos 87:11 footnote 116 that so rule most Poskim
Other opinions regarding cooking if not eating: Some Poskim rule that that there is never a Maaras Ayin prohibition by merely cooking [non-Biblical] meat and milk, as Maaras Ayin only applies when one eats a food. [Shach 87:7; See Atzei Levona 87:4; Hagahos Imrei Baruch; Arugas Habosem Y.D. 84; Minchas Elazar 3:6; Encyclopedia Talmudit ibid footnote 193; Pesakim Uteshuvos ibid footnote 116] Practically, the Shach concludes like his first explanation that even cooking Rabbinical meat and milk is forbidden due to Maaras Ayin.
[21] Shach 66:11; Toras Chatas 62:4; Chidushei Rebbe Akiva Eiger 87; Meishiv Davar 2:30; Divrei Malkiel 2:41-15; Pesakim Uteshuvos 87:12
[22] Toras Chatas 62:8, brought in Taz 87:4; Shach 87:6 in his understanding of the opinion of the Ram; Kneses Hagedola 87:8; Mateh Yosef 2:7; See Kaf Hachaim 87:29
The reason: As the Rama ibid rules that by Rabbinical mixtures we do not apply the prohibition of Maaras Ayin and cold meat with milk is only Rabbinical.
[23] Shach 87:6; Rashba 3:257; Erech Hashulchan 87:14; Kaf Hachaim 87:29
[24] See Michaber 87:4; Shach 66:11; Minchas Yaakov 62:18; Chidushei Rebbe Akiva Eiger 87; Pesakim Uteshuvos 87:12
[25] Rama 87:3 “Poultry however is permitted to cook in almond milk even without the almonds being that it itself is only a Rabbinical.”; Toras Chatas 62:8, brought in Shach 87:6; Peri Chadash 87:7; Plaisi 87:7-8; Levush 87; Migdal Oz 1:8; Shulchan Gavoa 87:17; Yeshuos Yaakov Pirush Hakatzar 87:5; Yad Yehuda Pirush Hakatzar 87:11; Taz 87:4 and Chaguras Shmuel 87:9 and Aruch Hashulchan 87:16 regarding letter of law
Opinion of the Taz: The Taz ibid rules that the ruling of the Rama is correct and that so is the custom, however if almonds are available one is to place them near the mixture, as one should try to fix the situation when possible. However, when no almonds are available, it remains permitted to cook and eat them together with poultry. [Taz ibid; So also rules Chaguras Shmuel 87:9 and Aruch Hashulchan 87:16]
[26] Taz 87:4
Opinion of Beir Heiytiv in Rama: The Beir Heiytiv 87:7 rules regarding cooking chicken in mother’s milk that even according to the Rama it is only permitted to cook the poultry in the milk and not to eat it, and seemingly the same would apply here that one may cook the poultry with the almond milk without almonds, although may not eat it without almonds being present. This explanation of the Beir Heiytiv ibid answers all the questions posed by the Shach against the Rama. He explains that the Rama agrees that we suspect for Maras Ayin even by Rabbinical prohibitions and hence one may not eat chicken with almond milk unless he places almonds in the vicinity even according to the Rama. However, the Rama is referring to cooking the mixture together without eating in which case the worst-case scenario he will cook chicken with real milk which itself is only prohibited due to Maaras Ayin. [Beir Heiytiv ibid; See P”M 87 M.Z. 4-5 and S.D. 8; Pesakim Uteshuvos ibid footnote 127] To note however that the Taz 87:4 explicitly states by almond milk that the chicken may be eaten, hence negating this explanation of the Beir Heiytiv in the Rama.
[27] The reason: As chicken itself is only Rabbinical, and thus we do not make a decree of Maaras Ayin on it. Now, although we decree by blood of a fish that it may not be eaten unless it has scales due to Maras Ayin, this is only because consuming blood of an animal is Biblical and contains Kareis. [Taz ibid; Shach ibid in his explanation of Rama] Alternatively, one may not create new decrees of Maras Ayin that are not based on the Talmud or Rishonim, and hence the lack of Talmudic source for a prohibition to eat chicken with almond milk, is itself the reason for its allowance. [Peri Chadash ibid]
[28] Shach 87:6 [writes that so rule the Achronim and so appears in his opinion and so rules the Beir Sheva]; Rashal in Perek Kol Habasar 8:52, brought in Shach ibid, Taz 87:4 and Toras Chatas; Bach 66; Beir Sheva 17; Beis Lechem Yehuda 87:4; Peri Toar 89:9; Halacha Pesuka 87:3; P”M 87 S.D. 6; Chochmas Adam 40:3; Aruch Hashulchan 87:16; Taz ibid concludes like Rama from letter of the law, although writes that it is best to place almonds
Is cooking it together forbidden or just eating: Some Poskim suggest that by poultry, according to all opinions, it is permitted to cook it together with almond milk and it is only the eating that is prohibited. [Beir Heiytiv ibid] Accordingly, some conclude that according to all it is permitted even initially to cook chicken with almond milk without leaving almonds there, and if the almond milk is no recognizable then one can even eat them together without almonds. [Pesakim Uteshuvos ibid footnote 127]
[29] The reason: As the Sages forbade also Rabbinical matters due to Maras Ayin, as is evident from various laws which involve Rabbinical matters and were nevertheless decreed against due to Maaras Ayin. This is evident from the ruling that one may not walk an animal with a bell to the marketplace on Shabbos because it appears like one intends to sell it on Shabbos, which itself is only Rabbinically forbidden. [Shach ibid]
[30] Taz ibid; P”M 87 M.Z. 4; Beis Lechem Yehuda 87:4; Beis Yitzchak 87:3; Mikdash Me’at 87:13; Zivcheiy Tzedek 87:19-20; Kaf Hachaim 87:25
[31] Including if he is eating at home with his household. [Nachlas Tzevi ibid; Pesakim Uteshuvos ibid]
[32] Nachalas Tzevi 87:3; Pischeiy Teshuvah 87:10; Zivcheiy Tzedek 87:23; Kaf Hachaim 87:28; Chavos Yair 150; P”M 87 S.D. 6; Chidushei Haflah 87; Yad Avraham 87; Hagahos Yismach Moshe; Hagahos Chochmas Shlomo 87; Maharam Shick O.C. 102; Noda Beyehuda Tinyana O.C. 30; Pesakim Uteshuvos ibid footnote 128
[33] See Pesakim Uteshuvos 87:14 footnote 131
[34] Chaguras Shmuel 87:10, brought in Darkei Teshuvah 87:49; Implication of M”B 143:13
[35] Implication of Taz O.C. 244:2; Imrei Yosher 38:2; Chidushei Rav Akiva Eiger 66:9
[36] Daas Torah 87:3; Maharam Shick O.C. 102; Harei Besamim 5:33; Igros Moshe O.C. 2:64; Mishneh Halachos 5:96; Madanei Hashulchan 87:19; Avnei Yashpei 6:64; Pesakim Uteshuvos 87:14 footnote 132
[37] See Pesakim Uteshuvos 87:14 footnote 132
[38] Michaber Y.D. 87:4
[39] It is forbidden for a person to nurse directly from a woman’s breast even if she squirts it into his mouth. Doing so is similar to nursing from a rodent. One who does so receive’ s Rabbinical lashes [Makas Mardus] for going against a Rabbinical decree. [Michaber ibid] The reason the Sages forbade it is because people will come to think its permitted to nurse from non-kosher animals just like it’s permitted to nurse from humans which are not-kosher. [Taz 81:9]
[40] Shach 81:3 and 17; So is also understood from Michaber 87:4
The reason: As consuming it does not involve Bal Teshaktzu. [See Shach 81:3]
[41] A gentile woman’s milk: Human milk of a gentile is Kosher just like a Jewish woman’s milk. However, a Jewish child should not nurse from a gentile, if a Jewish wet-nurse is available. The reason for this is because the milk of a gentile clogs up the heart and creates an evil nature in the child. [Rama 81:7; Hagahos Ashri]
[42] Michaber Y.D. 81:7; Kesubos 60a
Why is it permitted to drink human milk? Although human meat is not Kosher, nevertheless since it is only due to a positive command, we do not apply the rule of “anything which comes out from an impure animal is also impure” as this rule only applies to animals which are Treif due to a negative command. [Beir Heiytiv Y.D. 81:2]
[43] See Michaber 87:3; Mishneh Chulin 113a
The reason: As the Torah’s prohibition of Basar Bechalav only applies to Kosher animal.
[44] Kaf Hachaim 87:29
[45] Michaber ibid; Rashba
[46] This ruling is agreed to by all Poskim, as both foods are Kosher and hence able to be eaten [Taz 87:5] as well as meat is a Biblical food of Basar Bechalav [hence also Rama agrees].
Opinion of Shach: The Shach 87:7 at first explains that Maaras Ayin applies even upon cooking a food. The Shach ibid explains that when the Michaber 87:3 stated that it is “permitted to cook and benefit” from the Rabbinical mixtures, he was only referring to the letter of the law, as in truth it is nevertheless forbidden due to Maaras Ayin. However, he then concludes that the prohibition of Maaras Ayin only applies to eating a food and not to cooking a food. His reasoning is because the onlooker will think the cooking is being done for medical purposes or for some other reason, and not for the sake of eating the food. Hence the onlooker will not deduce from his observation of the cooking that it is permitted to eat such a mixture. The Shach ibid concludes like this explanation that cooking Rabbinical meat and milk is not forbidden due to Maaras Ayin. [See Shach ibid “Umikol Makom Harishon Ikkur,” and Machatzis Hashekel ibid who explains this to mean that there is no Maaras Ayin by Bishul]
[47] Understanding of Rama ibid as explained in Shach 87:6; Rama in Toras Chatas 62:1, brought in Taz 87:4 and Shach ibid; Kneses Hagedola 87:8; Mateh Yosef 2:7; See Kaf Hachaim 87:29
[48] The reason: As the Rama ibid rules that by Rabbinical mixtures we do not apply the prohibition of Maaras Ayin and cold meat with milk is only Rabbinical.
[49] Shach 87:6; Rashba 3:257; Erech Hashulchan 87:14; Kaf Hachaim 87:29
[50] The reason: As the prohibition of Maras Ayin applies even by Rabbinical prohibitions. [Shach ibid]
[51] Rama 87:4 “This prohibition to cook women’s milk with meat applies specifically with animal meat, however with poultry which is only Rabbinical there is no need to suspect.”; Rama 87:3 regarding almond milk; Taz 87:4 regarding letter of law; Peri Chadash 87:7 and Kraisi U’plaisi concur that the main ruling goes according to the Rama that regarding poultry one does not need to place almonds by the food.
Opinion of the Taz: The Taz ibid rules that the ruling of the Rama is correct and that so is the custom, however [regarding almond milk] if almonds are available the Taz rules that one is to place them near the mixture, as one should try to fix the situation when possible. However, when no almonds are available it remains permitted to cook and eat them together. [Taz ibid] Accordingly, it would seem that according to the Taz ibid it is permitted to cook poultry in woman’s milk, as it is not possible to fix.
[52] Taz 87:4
Opinion of Beir Heiytiv in Rama: The Beir Heiytiv 87:7 rules that even according to the Rama it is only permitted to cook chicken with women’s milk, although to eat them together is forbidden according to all. The reason for this is because if they are simply cooked together, even if an onlooker were to come to cook chicken in milk together due to what he saw, he will not transgress any true prohibition, as cooking chicken even in real milk is only forbidden due to Maaras Ayin and not from the actual decree of the Sages. There is thus no reason to decree against Maras Ayin because one may come to do a transgression of Maras Ayin. However, one may not eat the chicken with woman’s milk as the onlooker may come to eat chicken with real milk which is an actual Rabbinical prohibition. [Beir Heiytiv ibid] This explanation of the Beir Heiytiv ibid answers all the questions posed by the Shach against the Rama. He explains that the Rama agrees that we suspect for Maras Ayin even by Rabbinical prohibitions and hence one may not eat chicken with almond milk unless he places almonds in the vicinity even according to the Rama. However, the Rama is referring to cooking the mixture together without eating in which case the worst-case scenario he will cook chicken with real milk which itself is only prohibited due to Maaras Ayin. [Beir Heiytiv ibid] To note however that the Taz 87:4 explicitly states by almond milk that the chicken may be eaten, hence negating this explanation of the Beir Heiytiv in the Rama.
[53] The reason: As chicken itself is only Rabbinical, and thus we do not make a decree of Maaras Ayin on it. [Rama as explained by Shach 87:6; and Taz 87:4]
[54] Shach 87:8 and 6 [He writes that so rule the Achronim such as the Beir Sheva and so is the opinion of the Michaber]; Rashal in Perek Kol Habasar 52, brought in Shach ibid, Taz 87:4 and Toras Chatas; Taz ibid concludes like Rama from letter of the law, although writes that it is best to place almonds; Peri Toar 87:9; Halacha Pesuka 87:3; P”M 87 S.D. 6; Chochmas Adam 40:3; Aruch Hashulchan 87:16
[55] The reason: As they rule that the Sages forbade due to Maras Ayin also Rabbinical matters, as is evident from many various laws which involve Rabbinical matters [such as the case on Shabbos of the cow with the bell collar {Shach 87:6}] and were nevertheless decreed against due to Maaras Ayin.
[56] Michaber ibid; Rashba in Teshuva
[57] Chidushei Rav Akiva Eiger 87:3; Kaf Hachaim 87:31
[58] Peri Toar 87:10
[59] Erech Hashulchan 87:15; Kaf Hachaim 87:30
[60] Chidushei Rav Akiva Eiger 87:3; Kaf Hachaim 87:31
[61] Chaguras Shmuel 87:10, brought in Darkei Teshuvah 87:49; Implication of M”B 143:13
[62] Implication of Taz O.C. 244:2; Imrei Yosher 38:2; Chidushei Rav Akiva Eiger 66:9
[63] The reason: As many Poskim rule it is permitted even initially eat animal meat with cold breast milk, and some Poskim suggest that there is never a Maaras Ayin prohibition if one does not plan to eat it, as stated above, and thus certainly here where one is not planning to eat the food, there is no Maras Ayin prohibition involved.
[64] The reason: As we rule that Maaras Ayin applies even to cooking foods together, and hence if Yad Soeldes water is used, it may not be done.
[65] Nonetheless, one who is lenient has upon what to rely. See our Sefer “The Practical laws of Basar Bechalav” Chapter 7 “Dishwasher”
[66] Michaber 87:6 “One is exempt, and one does not receive lashes due to Basar Bechalav”; Braisa Chulin 114
[67] Shach 87:16 in implication of Maggid Mishneh Machalos Assuros 9
[68] Shach 87:16; Peri Chadash 87:12; Beis Lechem yehuda 87:10; Halacha Pesuka 87:6; Chochmas Adam 40:6; Beis Yitzchak 87:24; Kaf Hachaim 87:47
Background: The Michaber 87:6 simply states male milk, however the Shach [87:16] explains that the Michaber is referring to male animal milk specifically.
[69] Peri Toar 87:14; Zivcheiy Tzedek 87:35; Kaf Hachaim 87:48
The novelty: Although wild animal meat and poultry is itself only under a Rabbinical Basar Bechalav prohibition even with real milk, it is nevertheless prohibited with Rabbinically forbidden milk. [Poskim ibid]
[70] Implication of Michaber ibid who writes “exempt” which implies that it is nevertheless Rabbinically forbidden [See Shach 87:16]; Shach 87:13; Kneses Hagedola 87:21; Peri Chadash 87:12; Peri Tora 87:14; Beis Lechem Yehuda 87:10; Chochmas Adam 40:6; Beis Yitzchak 87:7; Zivcheiy Tzedek 87:33; Kaf Hachaim 87:43
[71] See Shach 87:16; Rama 87:6 regarding Chalav Meisa
[72] So rule regarding Chalav Meisa: Shach in Nekudos Hakesef on Taz 90:12; Issur Viheter 15; Toras Chatas 30:14; Peri Chadash 90:20; Minchas Yaakov 30:45; Lechem Hapanim 90:30; Beis Lechem Yehuda 90:22; Kreisi 90:9; P”M 90 M.Z. 12; Erech Hashulchan 90:5; Beis Yitzchak 90:40; Aruch Hashulchan 90:17; Kaf Hachaim 90:48
Other opinions: Some Poskim rule that if meat soaked in the milk that was squeezed from a slaughtered udder then it is permitted, as meat and milk is only prohibited in the form of Derech Bishul, and we do not make a decree upon a decree. [Taz 90:12]
[73] Shach 87:16; Beis Lechem Yehuda 87:10; Halacha Pesuka 87:6; Chochmas Adam 40:6; Beis Yitzchak 87:24; Zivcheiy Tzedek 87:38; Kaf Hachaim 87:47
[74] Shach ibid
[75] Rama 87:6; Shach 87:16 explains that the Michaber ibid agrees with this statement and his earlier ruling prohibiting male milk referred to animal milk.
[76] Shach ibid; Issur Viheter
[77] The milk of a Neveila animal which was killed or died naturally: One who cooks the milk of a dead Kosher animal together with meat is exempt from Biblical liability of Basar Bechalav, even if the animal was not slaughtered and is a Neveila. [Shach 87:14; Peri Chadash 87:12; Halacha Pesuka 87:12; Chochmas Adam 40:6; Zivcheiy Tzedek 87:34; Kaf Hachaim 87:46] Nonetheless, some Poskim rule that the milk of a Neveila animal is Biblically forbidden to drink even plain due to Eiver Min Hachaiy and one hence receives lashes if one drinks it. [Bach in Kuntres Acharon, brought in P”M 87 S.D. 14 and 81 S.D. 1; See Beis Yosef 87; Lechem Mishneh Machalos Assuros 3:4] Others rule that although it is Biblically forbidden to consume, it does not receive lashes. [P”M ibid and 81] Others rule it is only Rabbinically forbidden in consumption. [Perisha 87, brought in P”M ibid; Gilyon Maharsha 87:6 questions that milk of a dead animal should follow the same rule as the egg of a Neveila chicken, which we rule is only Rabbinically forbidden. See Michaber 86:3; Shach 86:8]
[78] Michaber 87:6 “One is exempt, and one does not receive lashes due to Basar Bechalav”; 90:1; Braisa Chulin 114
Bas Pekua: A Bas Pekua does not require Biblical slaughtering. [See Michaber 13:2 and Shach and Taz 13:4] It is thus questionable if the animal’s milk is defined as Biblical milk or as the milk of a dead/slaughtered animal. [Gloss of Rav Akiva Eiger on 87:6] Other Poskim however rule the milk is Biblically forbidden with meat. [Noda Beyehuda Tinyana Y.D. 36; Pischeiy Teshuvah 87:14; Kaf Hachaim 87:49 concludes stringently]
[79] Shach 87:16 “Milk of a slaughtered animal we hold is Rabbinical”; Michaber 90:1
[80] Peri Toar 87:14; Zivcheiy Tzedek 87:35; Kaf Hachaim 87:48
The novelty: Although wild animal meat and poultry is itself only under a Rabbinical Basar Bechalav prohibition even with real milk, it is nevertheless prohibited with Rabbinically forbidden milk. [Poskim ibid]
[81] Rama 87:6 “Chalav Meisa forbids the meat just like actual milk and it is Lechatchilah forbidden to even cook them together”; Implication of Michaber ibid who writes “exempt” which implies that it is nevertheless Rabbinically forbidden [See Shach 87:16]; Shach 87:13; Kneses Hagedola 87:21; Peri Chadash 87:12; Peri Tora 87:14; Beis Lechem yehuda 87:10; Chochmas Adam 40:6; Beis Yitzchak 87:7; Zivcheiy Tzedek 87:33; Kaf Hachaim 87:43
[82] Rama ibid; Implication of Aruch 31
[83] Shach in Nekudos Hakesef on Taz 90:12; Issur Viheter 15; Toras Chatas 30:14; Peri Chadash 90:20; Minchas Yaakov 30:45; Lechem Hapanim 90:30; Beis Lechem Yehuda 90:22; Kreisi 90:9; P”M 90 M.Z. 12; Erech Hashulchan 90:5; Beis Yitzchak 90:40; Aruch Hashulchan 90:17; Kaf Hachaim 90:48
Other opinions: Some Poskim rule that if meat soaked in the milk that was squeezed from a slaughtered udder then it is permitted, as meat and milk is only prohibited in the form of Derech Bishul, and we do not make a decree upon a decree. [Taz 90:12]
[84] Michaber 87:6 “One is exempt, and one does not receive lashes due to Basar Bechalav”; Braisa Chulin 114
The Kashrus of Meiy Chalav: The Meiy Chalav and Meiymeiy Chalav o Kosher animals are Kosher to consume. However, there is an opinion [Rebbe Eliezer brought in Tur 81] who rules that it is forbidden to eat, and is hence not Kosher. [Michaber 81:5] Their reasoning is because Meiy Chalav is not considered milk, as seen here regarding Basar Bechalav, and if so then there is no verse to permit it to be eaten, and it is therefore considered Eiver Min Hachaiy. [Taz 81:7; Nachalas Tzevi 81] Practically, the custom is like the first opinion. [Rama ibid; Tur ibid]
[85] See Shach 87:16
[86] Peri Toar 87:14; Zivcheiy Tzedek 87:35; Kaf Hachaim 87:48
The novelty: Although wild animal meat and poultry is itself only under a Rabbinical Basar Bechalav prohibition even with real milk, it is nevertheless prohibited with Rabbinically forbidden milk. [Poskim ibid]
[87] Rama 87:6 “Meiy Chalav forbids the meat just like actual milk and it is Lechatchilah forbidden to even cook them together”; Implication of Michaber ibid who writes “exempt” which implies that it is nevertheless Rabbinically forbidden [See Shach 87:16]; Shach 87:13; Kneses Hagedola 87:21; Peri Chadash 87:12; Peri Tora 87:14; Beis Lechem yehuda 87:10; Chochmas Adam 40:6; Beis Yitzchak 87:7; Zivcheiy Tzedek 87:33; Kaf Hachaim 87:43
[88] Rama ibid; Implication of Aruch 31
[89] So rule regarding Chalav Meisa: Shach in Nekudos Hakesef on Taz 90:12; Issur Viheter 15; Toras Chatas 30:14; Peri Chadash 90:20; Minchas Yaakov 30:45; Lechem Hapanim 90:30; Beis Lechem Yehuda 90:22; Kreisi 90:9; P”M 90 M.Z. 12; Erech Hashulchan 90:5; Beis Yitzchak 90:40; Aruch Hashulchan 90:17; Kaf Hachaim 90:48
Other opinions: Some Poskim rule that if meat soaked in the milk that was squeezed from a slaughtered udder then it is permitted, as meat and milk is only prohibited in the form of Derech Bishul, and we do not make a decree upon a decree. [Taz 90:12]
[90] See Michaber 87:8 and 81:5; To note from Michaber 81:5 that the whey is called Meiy Chalav while the remaining liquid after the whey is cooked is called Meiymeiy Chalav. Seemingly this follows the first opinion mentioned here. See Taz 81:7 and Shach 81:13 who appear to express confusion in the use of these terms; See P”M 87 M.Z. 7
[91] Peri Chadash 81:14; 87, brought in P”M 87 S.D. 23; Ohel Yosef Y.D. 24 that so rules Michaber
[92] Yeish Mi Sheomer in Michaber 87:8; Tur 87 in name of Rosh; Taz 81:7 defines this as Meiy Chalav; Kaf Hachaim 87:45
[93] Kneses Hagedola 87:26-27; Beis David Y.D. 34; Machazik Bracha 87:30 [So is the ruling of Michaber ibid even though he wrote it as a Yeish mi Sheomer]; P”M 87 S.D. 23; Beis Yitzchak 87:20; Mikdash Me’at 87:27; Zivcheiy Tzedek 87:54; Kaf Hachaim 87:71
[94] Shach 87:17 in name of Issur Viheter; Peri Chadash 87:16; Lechem Hapanim 87:13; Halacha Pesuka 87:6; P”M 87 S.D. 17; Beis Yitzchak 87:6 and 22; Kaf Hachaim 87:52
[95] Michaber 87:9; See also Michaber 81:6
[96] Michaber 81:5; Pischeiy Teshuvah 81:15 in name of Tefila Lemoshe that this applies according to all; Kaf Hachaim 81:43-44
Milk found in the stomach of a non-Kosher animal: Some Poskim rule that even the milk found in the stomach of a dead non-Kosher animal is Kosher. [Pischeiy Teshuvah 81:14 in name of Tefila Lemoshe in understanding of Stam opinion of Michaber ibid] However, other Poskim rule it is forbidden. [2nd opinion in Michaber ibid; P”M 81 S.D. 16 that so may apply even according to the first opinion] Practically, we rule it is not Kosher. [Zivcheiy Tzedek 81:35; Kaf Hachaim 81:44]
[97] Shach 87:24; Beis Yosef 87; This is similar to the ruling in chapter 81 that milk found in the stomach of a non-Kosher animal may be eaten.
[98] 1st and Stam opinion in Michaber 87:9 and 81:6; Rif; Rambam
[99] 2nd opinion in Michaber 87:9 and 81:6; Tosfos; Rosh; Rabbeinu Tam; Rashba; Ran
[100] Shach 87:25; Michaber 81:6; Rama 87:10 differentiates between liquidy and congealed; Kaf Hachaim 87:75
Other opinions: Some Poskim rule that it is forbidden to eat even congealed stomach milk with meat, as we do not know the exact measurement of congealed milk. [Rashi, brought in Taz 87:7; Rashal Kol Habasar 107 rules like Rashi; Implication of Ran and Issur Viheter Klal 46]
[101] Rama ibid
Ruling of Michaber: The intention of the Michaber ibid who brought both opinions is to initially suspect for the stringent opinion. Nonetheless, Bedieved he is lenient that the mixture remains Kosher even without 60x if it is a case of great need or great loss. [Kaf Hachaim 87:75 based on Klalei Hashulchan Aruch] Nonetheless, the Zivcheiy Tzedek 87:56 and Kaf Hachaim ibid conclude that in this case one is to be stringent like the Rama to prohibit liquidy milk even Bedieved as many Poskim are stringent even by congealed stomach milk.
[102] Shach 87:25; Rama in 87:10 regarding liquidy milk left in stomach; Zivcheiy Tzedek 87:56; Kaf Hachaim 87:75
Other opinions: The Michaber ibid is lenient Bedieved, although Sephardim are to be stringent, as explained in previous footnote.
[103] Meaning, according to both Michaber and Rama;
[104] Shach 87:25; Rama 87:10 differentiates between liquidy and congealed; Kaf Hachaim 87:75; This follows the ruling of Rabbeinu Tam.
Other opinions: Some Poskim rule that it is forbidden to eat even congealed stomach milk with meat, as we do not know the exact measurement of congealed milk. [Rashi, brought in Taz 87:7; Rashal Kol Habasar 107 rules like Rashi; Implication of Ran and Issur Viheter Klal 46]
[105] Shach 87:25; Kaf Hachaim 87:75
Other opinions: Toras Chatas 65 implies that it is permitted even Lechatchilah to eat congealed stomach milk with meat. [See Shach ibid; Kaf Hachaim 87:75]
[106] Whether or not the meat/milk itself is kosher, such as it came from a Neveila or Treifa.
[107] As opposed to wild
[108] Rama permits to cook
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