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Chapter 1: The General Laws-Cooking, Eating & Benefiting

The meat and milk mixtures that contain a Basar Bechalav prohibition

 

Introduction: The prohibition against meat and milk is unique in that it carries a three-part prohibition. It is forbidden to be cooked together, eaten together, or benefited from once cooked together. Although the above three prohibitions apply by all mixtures of meat and milk which are Biblically forbidden to be eaten, they do not all apply when the mixture is only Rabbinically forbidden to be eaten. It is thus imperative to know which mixtures are only Rabbinically forbidden and which contain a Biblical prohibition. We will first discuss the difference in laws between the Biblical and Rabbinical prohibitions, and then proceed with explaining which mixtures are defined as being Biblically forbidden and which as Rabbinical.   The three Torah verses discussing Basar Bechalav 1. שמות-משפטים כ”ג, י”ט: “לא תזבח על חמץ דם זבחי ולא ילין חלב חגי עד בקר. ראשית בכורי אדמתך תביא בית ה’ אלוקיך לא תבשל גדי בחלב אמו“. 2. שמות-כי תישא ל”ד, כ”ו:  “לא תשחט על חמץ דם זבחי, ולא ילין לבקר זבח חג הפסח… ראשית בכורי אדמתך תביא בית ה’ אלוקיך לא תבשל גדי בחלב אמו“. 3. דברים-ראה י”ד, כ”א:  “לא תאכלו כל נבילה, לגר אשר בשעריך תתננה ואכלה, או מכור לנכרי, כי עם קדוש אתה לה’ אלוקיך. לא תבשל גדי בחלב אמו“.

1. The prohibition of eating meat with milk:[1]

It is forbidden to eat meat with milk even if both foods are cold and have not been cooked or heated together in any which way. In such a case it is Rabbinically forbidden. If however the meat and milk were cooked together, then eating such a mixture contains a Biblical prohibition, as we will explain.

2. The Biblical Prohibitions-The prohibitions applicable to Biblically forbidden mixtures of meat and milk:[2]

The Torah states three times that it is forbidden to cook meat with milk.[3] There are three Biblical prohibitions derived from each one of these commands.[4]

1. Cooking them together in the usual manner is Biblically forbidden.[5] This prohibition is listed as one of the 365 negative commands.[6]
2. Eating the mixture after it has been cooked together in the usual method is Biblically forbidden. This prohibition is listed by some authorities as one of the 365 negative commands, in addition to the previous listing against cooking them together.[7]
3. Benefiting from them after they have been cooked in such a way is Biblically forbidden.[8] Most authorities do not list this prohibition as an individual one of the 365 commands, and it is rather included in the negative command against eating.[9]

 

A. Cooking:[10]

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.[11]] It is forbidden to cook meat and milk together even for the sake of a gentile or animal.

Raising the fire under a gentile’s pot:[12] Some opinions[13] rule it is forbidden for a Jew to raise the flame under the pot of a gentile because they cook milk and meat in the same pots[14] and thus one who raises the flame ends up cooking Basar Bechalav. Nevertheless, this is a mere stringency and one who is lenient has not lost out.[15] [However, this only applies if one does not know what foods are cooking in the pot, and is unaware as to its status of meat and milk. If, however, one knows for certain that the pot was used within 24 hours for cooking milk or meat and is hence Ben Yomo, then it is forbidden according to all to raise the flame under the pot if one knows that there is meat cooking inside.[16]]

Having a gentile cook meat with milk in her pots in one’s home:[17] Some Poskim[18] write it is forbidden for a Jew to allow a gentile to cook food[19] in his [the gentile’s] pot, in the Jew’s house, due to suspicion that the Jew may come to 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.[20]

Summary: It is forbidden to cook meat and milk together even for the sake of a gentile or animal. It is thus forbidden to raise the flame under the pot of a gentile that contains meat and milk. Some are stringent to avoid raising a flame under the pot of a gentile even if one knows it does not contain meat and milk. Likewise, some are stringent not to allow a gentile woman to cook meat with milk in one’s home, lest one accidently come to raise the flame. Nevertheless this is a mere stringency and one who is lenient has not lost out.   Q&A on the prohibition of cooking meat with milk May one cook meat in a dairy pot, or vice versa, for the sake of a gentile? See next Q&A!   May one cook food in a Treif pot for the sake of a gentile? v  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? Cooking meat or milk in the pot: If the pot is Ben Yomo of meat[21] use [was used for cooking beef within 24 hours], then it is Biblically forbidden to cook milk products in it even for the sake of a gentile, and even if one is using the gentile’s pot and ingredients.[22] [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.[23]] If, however, the pot is not Ben Yomo, then it is permitted to cook milk in it for the sake of a gentile.[24] Nevertheless, it is proper to be stringent even in such a case.[25] This especially applies if one is unsure if the pot was used for meat/milk within the past 24 hours.[26] 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.[27] Nonetheless, it is a stringency to avoid doing so.[28] 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.[29] 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.[30] [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.]   May one work as a chef/cook in a non-kosher meat restaurant [i.e. McDonalds]?[31] Working in a non-Kosher restaurant raises the question of the prohibition against doing business with non-Kosher foods[32], and the prohibition against cooking meat and milk and benefiting from it. Practically, it is disputed amongst Poskim as to whether getting paid for cooking the non-Kosher foods of a gentile is prohibited due to the business prohibition, and the final ruling is that in a time of need one may be lenient.[33] This, however, only applies to non-Kosher foods that do not involve meat and milk, however working in a restaurant that cooks Basar Bechalav raises the additional issues of cooking and benefiting from Basar Bechalav. Practically, if the restaurant also sells non-Basar Bechalav products, and the Basar Bechalav products is not their main item of sale, then it is permitted to get paid for working for them. If, however, the main product that is sold is Biblical Basar Bechalav [i.e. Burger King, McDonalds], then according to many Poskim[34] it is forbidden to work for them. We will now discuss the specific issue of working as a chef in a restaurant in which it is permitted to be employed in [i.e. carries Basar Bechalav as a minority of its menu items]: Cooking the food: Regarding whether a person who is pressed for a job may work as a chef in a non-Kosher restaurant which carries a minority meat and milk menu, is dependent on the type of meat served at the restaurant. If meat of a Kosher animal species[35] is served in the restaurant then one may not cook it with milk products, or in a vessel which had milk cooked in it within the past 24 hours. Even if the vessel is not Ben Yomo, one may not cook a Davar Charif together with meat or dairy in the non-Kosher pots. In all cases, it is a stringency to not cook anything, even Pareve, in the Treif pots of the restaurant, and he is hence to work as a waiter and the like rather than as a chef. [See previous Q&A for the full details of this matter!] In all cases, one must verify that the restaurant does not have a non-observant Jewish clientele in order not to stumble them in eating non-Kosher food. Likewise, the above allowance to work in a restaurant that sells Basar Bechalav only applies if the Basar Bechalav food is not the main item of sale, as explained above.   May one burn garbage which may contain meat and milk leftovers? Yes.[36] This is allowed even if one is certain the garbage contains both meat and milk. May one pour hot meat or milk leftovers into a garbage that may contain meat/milk? Seemingly it is permitted to do so, just as it is permitted to burn garbage, as stated above. However, some[37] write that one is not to pour hot meat/milk into a garbage that contains domestic animal meat due to the Biblical cooking prohibition. May one on Erev Pesach throw spaghetti and meatballs into the Biur Chametz bon-fire if someone else just threw in macaroni and cheese? Yes, as stated in the previous Q&A!   Q&A on Amira Lenachri May one ask a gentile to cook meat and milk on his [i.e. the Jews] behalf? No.[38] This applies even if the Jew does not plan to benefit from the mixture. May one tell a gentile to go buy meat and milk/cheese and cook himself a meal?[39] v  May one give a gentile a recipe that involves meat and milk? Yes.   May one provide a gentile with meat and milk and tell him to cook himself a meal? v  May one give one’s gentile house cleaner a slice of cheese for her to place into her hot meat sandwich? One may not provide a gentile with meat/milk and then tell him to cook it together, thus creating Basar Bechalav.[40] Furthermore, possibly one may not even provide the gentile with money and direct him to buy himself meat and cheese and cook it together.[41] However, one may provide the gentile with money or meat/cheese without directing him how to cook it, even though he knows he will use it to make Basar Bechalav.[42]

B. Eating:

It is Biblically forbidden to eat meat and milk that have been cooked together in their normal way, as explained in Halacha 4. One who eats a Kezayis of the mixture is liable for lashes. It is Biblically forbidden to eat even less than a Kezayis of the mixture, although one who does so is not liable for lashes.[43] 

Not Derech Achila:[44] One is liable for eating meat and milk that have been cooked together even if he eats it in an irregular manner [not Derech Achila]. This contrasts with almost all other non-Kosher foods, of which the law is that one is not liable for eating them in an irregular fashion. Thus, if the food has spoiled to the point it is no longer edible, or one mixed it with bitter ingredients, then although by other Issurim, one who eats it is not held liable, by Basar Bechalav one is nevertheless held liable.

Taking a medicine that contains Basar Bechalav:[45] One who has a potentially lethal medical condition may benefit from, and consume, any prohibited food for medicinal purposes if other Kosher alternatives are not available, and it is a known medication. One who is not lethally sick may not benefit from, or consume, a Biblically prohibited food in the regular fashion. Furthermore, by Basar Bechalav, it is forbidden for a non-lethally ill person to benefit from it even in an irregular fashion. Thus, it is forbidden to swallow capsules that contain Basar Bechalav if one’s illness is not lethal, and one who does so is liable for lashes.[46] This, however, only applies to a mixture of Basar Bechalav that is Biblically forbidden [i.e. Meat of Kosher domestic animal cooked in a regular fashion with milk of a Kosher domestic animal]. However, Rabbinical mixtures of Basar Bechalav are permitted to be consumed in an irregular fashion for medicinal purposes.[47] Thus, one may swallow a tasteless, or bitter tasting, capsule that contains Rabbinical Basar Bechalav.

C. Benefiting:

It is Biblically forbidden to benefit from Biblical mixtures of meat and milk [even if they were cooked by a gentile and even if they became cooked on their own[48]].[49] This applies even towards irregular benefit, as explained in B regarding eating, and one who does so is liable for lashes.[50] [It is disputed amongst the Poskim[51] as to whether one who benefits from a Kezayis of meat and milk is liable for lashes. It is Biblically forbidden to benefit from even less than a Kezayis of cooked meat and milk, although one who does so is not liable for lashes.[52]] See Halachas 3-6 for the full definition of Biblical mixtures of Basar Bechalav!

May one sell food that became forbidden due to Basar Bechalav?[53] All foods that have become [Biblically] forbidden due to Basar Bechalav may not be sold, as it is forbidden in benefit.

If one transgressed and sold Basar Bechalav, may the money that he received for the Basar Bechalav be used?[54] If one sold a mixture of meat and milk that were cooked together, then if he received the money only after giving the Basar Bechalav product to the buyer, then he may benefit from the money. If, however, the money was first given to him and only afterwards did he give the food to the buyer, then he may not benefit from the money. However, in a case of great loss one may be lenient.

May one sell a vessel that became prohibited due to Basar Bechalav?[55] Vessels that have become forbidden due to Basar Bechalav may be sold.[56]

May one use a Treif Basar Bechalav vessel to store items or foods:[57] One may use a non-Kosher Basar Bechalav vessel to store fruits or cold foods.[58] Furthermore, one may even use the pot for wet Kosher foods.[59] 

May one use a Treif Basar Bechalav vessel for heating up water for a bath:[60] One may use a Treif Basar Bechalav vessel to heat up water for bathing.[61]

If one cooked food in a non-Ben Yomo Basar Bechalav utensil may he benefit from that food:[62] Some Poskim[63] rule that one is to evaluate the money worth he received from using the pot and discard this sum into a river. Only then may one eat the food. However, other Poskim[64] argue that there is no need to discard any money, and the food may be eaten. 

Q&A What is one to do with a Biblically forbidden mixture of Basar Bechalav? The mixture is to be buried.[65] Alternatively, it is to be thrown into the sea.[66] It does not suffice to simply burn it.[67] It likewise does not suffice to throw it into the street or garbage.[68] Practically today, it is customary to flush the food down the toilet.[69] Some, however, are accustomed to burying it.[70]   May one benefit from a pot of food that had a piece of meat/cheese forbidden due to Basar Bechalav mix inside of it?[71] If a piece of meat/cheese became Biblically forbidden due to Basar Bechalav and it then fell into another food and forbade it, the food is nevertheless permitted in benefit. It may thus be sold to a gentile excluding the value of the Basar Bechalav food that it contains [if it was not removed].   Q&A on Basar Bechalav ash May one benefit from the ash or charcoal of Biblical Basar Bechalav?[72] No. What is the law if one cooked a food using the ash/charcoal of Biblical Basar Bechalav?[73] The food is forbidden to be eaten. Q&A on Animals May one feed Basar Bechalav to an animal?[74] It is forbidden to feed Biblical Basar Bechalav to any animal, even if the animal is wild and disowned.[75] May one feed pet food to his pets if it may contain Basar Bechalav? It is forbidden to feed Biblical Basar Bechalav to one’s animals, as explained above. Thus, pet food that contains animal meat of a Kosher species which was cooked with dairy is forbidden to be fed to one’s pet.[76] [An example of such a food is Hi Life Beef & Cheese dog bites, which contains cooked meat and milk and is hence forbidden to be fed to one’s animals.] It is, however, permitted to benefit from Rabbinical mixtures of Basar Bechalav[77], such as poultry and milk cooked together, or non-Kosher animal meat [i.e. horse/pig] and milk cooked together.[78] Thus, one may feed Rabbinical forms of Basar Bechalav to one’s pet, such as Friskies chicken and cheese cat dinner. Likewise, it is permitted to feed a pork and cheese, or horsemeat and cheese, dinner to one’s pet. This allowance applies even if the pet food is produced in a machine line that also produces Biblical Basar Bechalav pet food [cow meat and cheese].[79] Understanding labels and ingredients of pet food: While in many cases the meat or dairy ingredient is clearly labeled on the ingredient list, at other times it is obscure. For example, if the label states “meat” as an ingredient, its source could be from Kosher animals such as cattle, sheep, or goats, in which case it is forbidden to be cooked with dairy, or may be from pork, which is permitted to be cooked with dairy. Being that this matter is unknown one should not purchase such pet food if it contains milk. Regarding dairy ingredients, casein and whey are considered milk, and must be searched for in the ingredient list upon purchasing a meat [of Kosher species] pet food. Q&A on doing Business with Basar Bechalav May one own stocks in a food company or restaurant chain that sells Basar Bechalav [i.e. McDonalds]? Owning stocks in a company which sells Basar Bechalav raises the question of whether the owning of stocks transgresses the prohibition against doing business with non-Kosher foods[80], and the prohibition against benefiting from it. Practically, it is debated amongst the Poskim as to the status of stocks. Some Poskim[81] rule that owning stocks in a company is not considered ownership of the food of the company and hence one does not transgress doing business or benefiting upon owning the stocks. Other Poskim[82], however, rule that owning stocks of a company considers one a Halachic partner of ownership in all their assets, and it would hence be forbidden to own stocks in a Basar Bechalav company. Practically, each person is to consult with their Rav. According to all, the above dispute only applies if one is a limited share holder, or non-active party, it is however forbidden to own enough stock in a Basar Bechalav company to hold power rights within the company. May one work as a pet food supplier to stores?[83] Working as a pet food supplier, which entails buying pet food from companies and distributing them to stores raises the question of the prohibition against doing business with non-Kosher foods[84], and the prohibition against benefiting from meat and milk. Practically, the Poskim[85] rule that there is no “business” prohibition involved in buying and selling non-Kosher pet food. However, there is a Biblical benefit prohibition involved in selling pet food that contains Biblical Basar Bechalav, and hence one may not be involved in sales of pet foods that contain Biblical Basar Bechalav.   Renting a car, or property, to a gentile for the sake of Basar Bechalav:[86] It is forbidden to rent a donkey [i.e. car] or room to a gentile for the sake of him transporting, or storing Biblical Basar Bechalav.[87] This, however, is only forbidden if the gentile states that this is the purpose of his rental, otherwise, it is permitted to rent it to him, even if one knows this to be his intended use.[88] It is permitted to lend a car to a gentile even if one knows that his intent of borrowing it is to transport Basar Bechalav.[89] May a Jew work for a gentile owned store, or company which sells Basar Bechalav products? Working in a store or company that sells non-Kosher food raises the question of the prohibition against doing business with non-Kosher foods[90], and the prohibition against benefiting from meat and milk. Practically, the Poskim[91] rule that there is no business prohibition involved in working as an employee in such a store or company, if one will not come into actual contact with the non-Kosher food. If one will come into contact with open non-Kosher food, then this matter is debated amongst the Poskim, and one may be lenient in a time of need.[92] This, however, only applies to non-Kosher foods that do not involve meat and milk, however working in a store or company that sells meat and milk raises the additional issues of benefiting from Basar Bechalav. Practically, if the store also sells non-Basar Bechalav products, and the Basar Bechalav products is not their main item of sale, then it is permitted to do so. If the main product that is sold is Basar Bechalav, then according to many Poskim[93] it is forbidden to work for them. May one work as a chef in a non-kosher meat restaurant [i.e. McDonalds]?[94] In addition to the above issues of doing business and benefiting from Basar Bechalav, working as a chef raises the further issue of the prohibition against cooking meat and milk. See Halacha A in Q&A for the full details of this subject!   Q&A on Gentile employees May one give a Basar Bechalav food to his live-in maid?[95] No. One may not provide a gentile employee [or any gentile] with Basar Bechalav foods unless it is done in the ways explained next.[96]   May one arrange for a Basar Bechalav business lunch to be served to his gentile employees? Providing an employee with non-Kosher food raises the question of the prohibition against doing business with non-Kosher foods[97], and the prohibition against benefiting from meat and milk. Practically, if the meal will only be paid for by the Jewish employer after it is already eaten or given to the gentile [i.e. paying a bill at a restaurant after the meal, or paying a caterer after the event] then it is permitted to do so.[98] Nonetheless, the Jewish employer must have in mind to not acquire any of the food if it will be placed in his property or if he will be carrying it.[99] If, however, one plans to pay for the meal prior to it being eaten, then it is forbidden for the Jewish employer to purchase and acquire the Basar Bechalav food.[100] Furthermore, even if the non-Kosher food does not contain Basar Bechalav, it is debated amongst the Poskim[101] as to whether providing one’s employees with non-Kosher food transgresses the business prohibition. One may however give one of the gentile employees the money for the meal and have him purchase whatever foods he sees fit [and not specifically Basar Bechalav].[102]   May one allow gentile employees to purchase Basar Bechalav foods using a business credit card? It requires further analysis if one may allow a gentile employee to purchase Basar Bechalav foods [i.e. Big Mac cheeseburger] using the business credit card.[103] If, however, the credit card payment is made only after the meal is eaten, then it is certainly permitted to do so.[104]

3. Rabbinical Prohibitions-The prohibitions applicable to Rabbinically forbidden mixtures of meat and milk:

All Rabbinically forbidden mixtures of meat and milk are forbidden in consumption.

Cooking a Rabbinical mixture: From the letter of the law, certain Rabbinically forbidden mixtures are only forbidden in consumption and remain permitted to be cooked together.[105] Others, however, are Rabbinically forbidden to even be cooked together.[106] Practically, it is forbidden to cook any Rabbinical mixture due to Maaras Ayin.[107] [This matter will be further discussed in Halacha 4-6!]

Benefiting from Rabbinical mixtures:[108] It is permitted to receive benefit from Rabbinical mixtures of meat and milk.

4. Derech Bishul-The Biblical and Rabbinical forms of cooking:

A. The general rule-Derech Bishul versus not Derech Bishul:[109]

Biblical prohibition-Derech Bishul: The Biblical prohibition against cooking a mixture of meat and milk only applies if the mixture is being cooked in a Biblically defined form of cooking. The Biblical definition of cooking is to cook in the common way that a food is cooked, known as Derech Bishul. Likewise, the Biblical prohibition against eating, or benefiting from a mixture of meat and milk only applies if the mixture was previously cooked in the common way of cooking. If the mixture was not previously cooked at all, or was cooked in an uncommon form of cooking, then eating or benefiting from the mixture does not contain a Biblical prohibition.[110] The exact forms of Biblical cooking is explained in B!

Rabbinical prohibition-Not Derech Bishul: All forms of mixtures of meat and milk that were not cooked in a common form of cooking are nevertheless Rabbinically forbidden to be eaten. [They are however permitted to be benefited from, as stated in Halacha 2.[111] Even after the mixture has been cooked in an uncommon method it remains Biblically forbidden to cook the mixture in the common form of cooking. Accordingly, the mixture may only be given/sold to a gentile if it was not cooked afterwards in the normal way.[112]] The exact forms of Rabbinical cooking is explained in C!

If the mixture was not cooked at all in any way: Even if the mixture of meat and milk was not cooked at all in any way, it remains Rabbinically forbidden to eat together. Thus, it is forbidden to eat cold meat with cold cheese.

Q&A For how long must the mixture be cooked, for it to be under the Biblical prohibition of meat and milk?[113] Some Poskim[114] rule the mixture must cook together until it reaches the state of Ben Drusaiy, which is 1/3 cooked, for it to fall under the Biblical prohibition. Other Poskim[115], however, negate this opinion and rule that even if the foods were only momentarily cooked together, and are not yet edible, the mixture is Biblically forbidden. Practically, the final ruling follows the latter opinion. Is it permitted to “cook” meat and milk in a Rabbinical form of cooking [i.e. not Derech Bishul] for the sake of selling the food to a gentile and the like? Ø  May one soak a piece of meat in milk for 24 hours for the sake of feeing it to a gentile or feeding it to your dog? Some Poskim[116] rule it is permitted to cook a food in a Rabbinical form of cooking, as it is not truly defined as cooking. However, other Poskim[117] rule that it is initially forbidden to cook a food even in a Rabbinical form of cooking.[118] Practically, this matter is a mere stringency and one who is lenient does not lose out.[119]

B. Forms of cooking defined as Derech Bishul [i.e. Biblical]:

1. Cooking in liquid: Cooking meat and milk together in liquid is defined as the Biblical form of cooking.
2. Keli Rishon:[120] Placing meat and milk together in a Keli Rishon that is off the fire is defined as a Biblical form of cooking.
3. Iruiy Keli Rishon:[121] Pouring milk from a Keli Rishon onto meat cooks the external layer of the food[122] and is included in the Biblical form of cooking.
4. Cooking in meat/dairy pot: Cooking meat in a Ben Yomo dairy pot, or vice versa, is included in the Biblical form of cooking.[123] Accordingly, Cheilev that was cooked in a Ben Yomo dairy pot for the sake of using as wax, is forbidden to be used.[124]

C. Forms of cooking that are under dispute if they are Derech Bishul [i.e. Biblical]:

The following forms of cooking are disputed as to whether they are defined as a Biblical or Rabbinical form of cooking:

1. Roasting: Some Poskim[125] rule that roasting meat and milk together is considered Derech Bishul and is hence under Biblical prohibition. Other Poskim[126], however, rule it is not considered Derech Bishul, and is hence only under Rabbinical prohibition.
2. Frying: Some Poskim[127] rule that frying meat and milk together is considered Derech Bishul and is hence under Biblical prohibition. Other Poskim[128], however, rule it is not considered Derech Bishul, and is hence only under Rabbinical prohibition. [A practical ramification of this dispute is regarding if one may light wax candles that are made from a mixture of fat and milk.[129]]
3. Smoking: One does not receive lashes for smoking [meat and milk together].[130] [This refers to heating meat and milk together using steam. Alternatively, it refers to one who soaked meat in milk and then smoked the meat.[131]] Nevertheless, it is [Rabbinically[132]] forbidden to do so.[133] [This prohibition applies even with Rabbinical meat, such a meat of a wild animal or poultry.[134] Nonetheless, Bedieved the mixture remains permitted in benefit.[135] Some Poskim[136], however, learn that although lashes are not received, nevertheless, it is a Biblical prohibition to cook meat and milk together using steam and hence even Bedieved the food is forbidden.]
4. Tiberius springs: One does not receive lashes for cooking [meat and milk] in the Tiberius hot springs.[137] Nevertheless, it is [Rabbinically[138]] forbidden to do so [even with wild animal meat or poultry[139]].[140] [Accordingly, Bedieved the mixture remains permitted in benefit.[141] However, some Poskim[142] rule that it is possibly even Biblically forbidden to cook in the Tiberius hot springs, and hence even Bedieved the food is forbidden in benefit due to doubt.]
5. Tatah Gavar: Some Poskim[143] rule that if hot cheese and hot meat contacted each other, it is not considered Derech Bishul and is thus only Rabbinically forbidden.

 

D. Forms of cooking defined as not Derech Bishul [i.e. Rabbinical]:[144]

• Pickling: Pickling milk and meat together is not considered a common form of cooking and it is thus only Rabbinically forbidden to eat a mixture of meat and milk that were pickled together. Accordingly, such mixtures are permitted in benefit.[145]
• Kavush-Soaked for 24 hours:[146] Meat and milk which soaked together for 24 hours is not considered a common form of cooking and it is thus only Rabbinically forbidden to eat a mixture of meat and milk that were pickled together. Accordingly, such mixtures are permitted in benefit.[147]
• Salting: Salting milk and meat together is not considered a common form of cooking and it is thus only Rabbinically forbidden to eat a mixture of meat and milk that were salted together. Accordingly, such mixtures are permitted in benefit.[148]
• Keli Sheiyni:[149] Cooking meat and milk together in a Keli Sheiyni is not considered Derech Bishul and it is thus only Rabbinically forbidden to eat a mixture of meat and milk that were together in a Keli Sheiyni. Accordingly, such mixtures are permitted in benefit.

Summary: It is forbidden to eat a mixture of meat with milk even if both foods are cold and have not been cooked or heated together in any which way. However, in such a case it is only Rabbinically forbidden. If, however, the meat and milk were cooked together in a normal way of cooking then eating such a mixture contains a Biblical prohibition. Biblical-Derech Bishul: Cooking in liquid; Keli Rishon; Iruiy Keli Rishon; Ben Yomo pot Rabbinical-Not Derech Bishul: Pickling; Salting; Keli Sheiyni Dispute: Roasting; Smoking; Frying; Tiberius hot springs;

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.[150] 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:

1. 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.
2. 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.
3. 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.[151] 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[152]] if its eating prohibition is merely due to Maras Ayin.[153]

*Important note:

In all cases, a mixture can only be Biblically forbidden if both ingredients of meat and milk are Biblical ingredients!

6. The species of Meat:

A. Kosher domestic animals:[154]

The meat of a Kosher species of domestic animals [i.e. goat, ox, cow and sheep] contains a Biblical Basar Bechalav prohibition.[155] This applies even if the meat is not Kosher due to it being a Neveila or Treifa, as will be explained in B. [Meat includes all muscle, fat and organs of the animal with exception to those parts of the animal listed in Halacha E.]

Status of cooking & benefit: It is thus forbidden in cooking, eating, and benefit, if it was cooked in a common form of cooking together with a Biblical species of milk.

Status of dried meat: Meat that has been dried to the point it is like wood, some Poskim[156] rule nevertheless retains its meat status, and hence may not be used to store milk [if turned into a canteen]. Most Poskim[157], however, rule that it is no longer considered food.

The status of gravy that secretes from meat:[158] The gravy that excretes from meat is considered like meat and is Biblically forbidden to cook with dairy.

B. Non-Kosher meat:

Non-Kosher species of animals:[159] The meat of a non-Kosher species of animals [i.e. horse, ham] does not contain a Biblical Basar Bechalav prohibition. Thus, from the letter of the law, it may be cooked with milk and benefited from. However, due to Maras Ayin, it is forbidden to cook it with milk.[160]

Kosher domestic animal which is a Treifa or Neveila: The meat of a Kosher species of a domestic animal which is not Kosher due to Neveila or Treifa, 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.[161] However, the Poskim[162] rule that although it is Biblically forbidden to cook the meat with milk, if one eats this Basar Bechalav mixture he does not transgress the prohibition of eating Basar Bechalav, but rather only the prohibition against eating a Neveila or Treifa. Accordingly, some Poskim[163] rule that there is likewise no prohibition to benefit from this mixture.[164] Other Poskim[165], however, rule that it is Biblically forbidden in benefit, and so is the final ruling.[166] [A practical ramification of this dispute is regarding if one may light wax candles that are made from a mixture of non-Kosher fat of a cow and milk.[167] Another ramification is regarding if one may feed Biblical Basar Bechalav pet food to one’s animal, as explained in the Q&A!]

Cheilev:[168] The forbidden fats of a Kosher animal have the same status as Neveila meat of a Kosher animal, and hence carry a Biblical cooking prohibition of Basar Bechalav.

 

Practical Q&A May one feed pet food to his pets if it may contain Basar Bechalav? This is dependent on whether the Basar Bechalav is Biblical or Rabbinical, and whether we hold that Biblical Basar Bechalav is forbidden in benefit if the meat is Neveila or Treifa. Practically, according to the final ruling mentioned here it would be forbidden to feed pet food to one’s animal if it contains meat and milk of a Kosher animal even if it is a Neveila. See Halacha 1C in Q&A for the full details of this subject.   May one work as a chef/cook in a non-kosher meat restaurant [i.e. McDonalds]? This is dependent on several factors, including whether one will be cooking meat from Kosher species. See Halacha 1A in Q&A for the full details of this matter! Holocaust question:[169] During the holocaust, the Nazis Yemach Shemam provided Treif meat for the Jews in the working camps and Ghettos. At times, this meat would be mixed with cheese or milk. According to the above, is there a reason to avoid eating this meat if other non-Kosher meat was available without milk? In general, the ruling given by Rabbanim at those times was that the eating of meat is a necessity of survival, and hence it was a Mitzvah to be eaten due to Pikuach Nefesh.[170] Nonetheless, regarding the theoretical question of whether it is better in such a case to eat plain Treif meat than to eat the meat that contains cheese, based on the above, there is no additional Basar Bechalav prohibition involved in eating the Treif meat with cheese, whether the Treif meat is from a Kosher or non-Kosher animal. Nonetheless, perhaps eating it would transgress the benefit prohibition applicable to the Treif meat and milk of a Kosher animal.[171] This is in additional to the Rabbinical prohibition of eating non-Kosher cheese. May Hashem leave these questions for theory and history and never again for practice! If a non-observant Jew was seen eating a cheeseburger from McDonalds ch”v, is there a reason to convince him to at least remove the cheese, if one cannot convince him to stop eating it? Yes, as the cheese is not Kosher, and the less non-Kosher he eats, the better. However, based on the above, there is no additional Basar Bechalav prohibition involved in eating the cheeseburger being the meat itself is not Kosher.

C. Kosher wild animals [Chayah]:[172]

The meat of a Kosher species of wild animal [Chayah] does not contain a Biblical Basar Bechalav prohibition to cook and eat with milk. However, it does contain a Rabbinical Basar Bechalav prohibition against eating it with milk [and hence if it falls into a pot of dairy it requires 60x].

Status of cooking and benefit: The meat of a Kosher species of wild animal [Chayah] does not contain even a Rabbinical Basar Bechalav prohibition against cooking it with milk, or against benefiting from its mixture, and hence from the letter of the law, it may be cooked with milk and benefited from.[173] However, practically, it is forbidden to cook it with milk due to Maras Ayin.[174] It does however remain permitted in benefit, as explained in Halacha 2.

What is a Chayah? The following is a list of Kosher Chayos:^[175] Gazelle [Ayal]; deer [Tzvi]; Yachmor; ibex [Ako]; antelope [Dishon]; giraffe [Zamer].[176]

D. Fetus:[177]

A fetus [i.e. Shelil] is Biblically considered meat and is thus Biblically forbidden to be cooked, or eaten with milk, or to receive benefit from its mixture.

E. Bones/horns/hooves/skin/placenta:[178]

One who cooks the following body parts of an animal with milk is exempt from Biblical liability:

1) placenta [i.e. Shilya]; 2) skin[179] 3) sinews; 4) bones [whether soft or hard[180]] 5) horns; 6) hooves. Likewise, one who eats them with milk is exempt from Biblical liability.[181] Nevertheless, it is [Rabbinically[182]] forbidden to cook or eat these items with milk.[183] [Thus, if any of these items fall into milk, including the hard bones of the animal, they require 60x against them.[184] It is forbidden to eat the above items even with Rabbinical milk, such as Meiy Chalav or milk of a slaughtered animal.[185]]

Status of benefit: If the above parts are cooked with milk they remain permitted in benefit, as explained in Halacha 3.

Status of dried and tanned skin:[186] Leather formed from salted, tanned, and dried animal skin or stomach or intestines no longer retains its status as meat. See Chapter 8 Halacha 8 for the full details of this subject!

 

F. Blood:[187]

One who cooks and eats blood together with milk is exempt from Biblical liability of Basar Bechalav. [Nonetheless, it is Rabbinically forbidden to eat cooked blood.[188] Furthermore, it is forbidden to cook the blood together with milk even if one does not plan to eat it.[189]]

G. Fat:[190]

The fat of Kosher species of domestic animals contains a Biblical Basar Bechalav prohibition and it is thus Biblically forbidden to cook it with milk, eat it or benefit from the mixture.

H. Poultry:[191]

The meat of birds [poultry, fowl, chicken] does not contain a Biblical Basar Bechalav prohibition to cook and eat with milk. However, it does contain a Rabbinical Basar Bechalav prohibition to be eaten together with milk.

Status of cooking and benefit: From the letter of the law one may cook poultry with milk and benefit from the mixture.[192] However, practically, it is forbidden to cook poultry with milk due to Maras Ayin.[193] It does however remain permitted in benefit, as explained in Halacha 2.

I. Eggs found in a chicken after slaughtering:[194]

While a chicken is alive, it is only permitted to eat eggs that are naturally layed by the chicken after the gestation period is complete. If, however, the egg was removed or knocked out of the live chicken, and was not naturally layed, it is forbidden to eat the egg due to Eiver Min Hachaiy.[195] However, if the egg is found in a slaughtered[196] chicken, then even if the egg is still attached to the sinews of the chicken, the egg remains Kosher.[197] Nonetheless, in certain circumstances, the egg may be considered meaty, and hence forbidden to be eaten with milk. This is dependent on the stage of development that the egg was found in, as will now be explained.

Contains yolk and white:[198] An egg which is found in a slaughtered chicken is permitted to be eaten together with milk if it is fully developed with both a white and yolk.[199] This applies even if the egg is still attached to the sinews.[200] Nonetheless, the custom of the women is to salt such eggs[201] even if it contains a thick shell [and is detached from the sinews], and not to eat it with milk.[202] The above custom is only Lechatchila, however, Bedieved if the egg became mixed with dairy, everything remains Kosher.[203] [Furthermore, communities which do not have the above custom are not to suspect for it at all.[204] The above custom to be stringent not to eat the egg with dairy only applies to eggs found in the chicken after slaughter, and not towards eggs that are naturally layed, even if they have a soft shell and were prematurely layed.[205]]

Contains only yolk:[206] If the egg has not yet fully developed and contains only a yolk without a white, then it is forbidden to cook it or eat[207] it with milk [even if it is not attached to the sinews[208], and certainly if it is still attached]. Such eggs must be salted for blood prior to being eaten.[209] However, even in such a case [i.e. only has a yolk and was attached to the sinews[210]], it is permitted to eat milk products after eating the egg.[211] [If these eggs were cooked with milk, some Poskim[212] rule that in a case of great loss one may be lenient to eat the mixture even if it does not contain 60x the egg. This applies even if the egg was still attached to its sinews and only had a yolk, so long as its shell was hard. Other Poskim[213], however, rule the mixture is forbidden unless it has 60x the egg.]

J. Fish with dairy:^[214]

There is no Basar Bechalav prohibition involved in cooking and/or eating fish with milk, even Rabbinically.[215] Nonetheless, the Poskim debate as to whether it is forbidden to eat the two together due to danger, similar to the prohibition against eating fish and meat together due to danger. Some Poskim^[216] rule it is forbidden to eat fish with milk [or cheese[217]] due to danger[218], just like it is forbidden to eat fish with meat. Practically, this is the custom of Sephardic Jewry.[219] Other Poskim^[220], however, rule that it is permitted to eat fish with any dairy product, as there is no danger involved. Practically, the Ashkenazi custom is to permit it without reservation.[221]

Butter with fish: It is permitted to eat fish with butter even according to the stringent opinion and custom of the Sephardim.^[222] However, there are Poskim[223] who are stringent to prohibit eating fish even with butter.

Chabad Custom:^[224] The Tzemach Tzedek rules that the custom is to be stringent to not eat milk [or cheese] with fish unless one adds butter to the fish.[225] Some[226] write that this means to say that if one mixes butter into the milk or cheese it may be eaten with fish. Practically, today many in Chabad are accustomed to refrain from eating fish with milk products unless butter is added, although others are lenient.

Q&A If one adds butter to the cheese or milk may it be eaten with fish? Some[227] learn that if butter is added to the mixture it may be eaten even with milk or cheese.   If one is stringent not to eat fish with milk, what is the law if a mixture occurred; may the fish or milk be eaten? Some Poskim[228] rule that Bedieved the mixture is permitted even without 60x. Other Poskim[229] rule the mixture is forbidden to be eaten.   Should one who is stringent not to eat fish with dairy rinse his mouth and wash his hands prior to eating fish after milk or vice versa?[230] Yes. One is to perform Kinuach and Hadacha and wash his hands in between just as is done when eating meat after fish.

 

7. Forms of milk:

A. Milk from domestic Kosher animal:

The milk from a domestic Kosher animal contains a Biblical Basar Bechalav prohibition.[231] 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:[232] 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.[233] Practically, today this suspicion no longer exists and there is hence no need to abstain from eating sugar with meat.[234]

B. Non-Kosher milk:

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.[235]  However, practically, it may not be cooked with meat due to Maras Ayin.[236]

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[237], 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.

C. Milk from Kosher wild animals:[238]

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.[239]]

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.[240] However, practically, it is forbidden to cook it with meat due to Maras Ayin.[241] 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.

D. Almond milk:[242]

Almond milk is not considered real milk, although due to its appearance of milk, and its potential misrepresentation to the onlooker, its use with meat contains certain restrictions which are as follows: Cooking/eating with domestic animal meat:[243] Domestic animal meat may not be cooked with almond milk unless one places almonds by the mixture. It is forbidden to be cooked without placing almonds due to Maaras Ayin. [If the meat is not cooked together with the almond milk and one simply desires to eat them together cold, then some Poskim[244] rule it is permitted to do so even without placing almonds in the mixture. Other Poskim[245], however, rule that one must place almonds in the mixture even in such a case.]

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[246] [i.e. Rama] rule it is permitted to cook [and eat[247]] chicken with almond milk even without placing almonds by the food.[248] However, other Poskim[249] [i.e. Shach] rule it is forbidden to do so due to Maaras Ayin, unless one places almonds by its side.[250] 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.[251] [The above is only necessary if one is eating in public view. If, however, he is eating in private, he may even initially cook/eat chicken with almond milk without placing almonds near it.[252] Regarding eating the chicken together with the almond milk while cold without placing almonds there, this is subject to the debate mentioned previously.]

E. Woman’s breast milk:[253]

A woman’s milk is considered Kosher once it is pumped out[254], and it may then [even Lechatchilah^[255]]  be consumed by any person.[256] The milk, however, is not considered real milk and thus does not contain a Basar Bechalav prohibition. 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 actually repulsed by it. Accordingly, it is forbidden to drink the milk due to Baal Tishaktzu, and the following details only relate to the theoretical letter of the law.[257]]

Cooking/eating with domestic animal meat:[258] It is forbidden to cook meat with woman’s milk due to Maaras Ayin.[259] [If the meat is not cooked together with the woman’s milk and one desires to eat them together cold, then some Poskim[260] rule it is permitted to do so.[261] Other Poskim[262], however, rule it is forbidden even in such a case due to Maaras Ayin.[263]]

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[264] [i.e. Rama] rule it is permitted to cook [and eat[265]] chicken with woman’s milk.[266] However, other Poskim[267] [i.e. Shach] rule it is forbidden to do so due to Maaras Ayin.[268]

If the milk fell into the meat:[269] If the breast milk [accidently[270]] fell into meat, it is nullified and does not require 60x.  [Some Poskim[271] rule it does not even require majority against it. Other Poskim[272], 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.[273]]

May one cook meat with breast milk if he places almonds inside? Seemingly, it is permitted to do so.

F. Male milk:

Male animal milk: It is Biblically permitted to cook and eat the milk of a male [animal] together with meat.[274] Nonetheless, it is [Rabbinically[275]] forbidden to cook or eat male [animal[276]] together with meat [of even a wild animal or poultry[277]].[278] 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.[279]  [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[280]]

Male human milk: Male [human[281]] milk is not called milk at all [and is thus not even Rabbinically prohibited to eat with meat[282]].[283] It is, however, forbidden to be eaten together with meat due to Maras Ayin, just as is the law regarding woman’s milk.[284] See Halacha E for the full details of this matter!

G. Chalav Meisa/Milk of a slaughtered cow found in the udder:

It is Biblically permitted to cook and eat the milk found in the udder of a slaughtered[285] Kosher animal together with meat.[286] Nonetheless, it is [Rabbinically[287]] forbidden to cook or eat it together with meat [of even a wild animal or poultry[288]].[289] 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.[290] [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[291]]

H. Meiy Chalav-Milk whey:

It is Biblically permitted to cook and eat Meiy Chalav together with meat.[292] Nonetheless, it is [Rabbinically[293]] forbidden to cook or eat it together with meat [of even a wild animal or poultry[294]].[295] 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.[296] [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[297]]   

Definition of Meiy Chalav:[298] 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[299] 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[300], 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.[301] 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.[302]

I. Chalav Keiva/Stomach milk:[303]

The milk that is found in the stomach of a dead animal [whether slaughtered, Neveila or Treifa[304]] is not considered milk [but rather feces[305]] and is thus permitted to eat with meat. This applies even if the milk is still liquidy and has not yet congealed.[306] However, there is an opinion[307] who forbids eating [liquidly stomach milk[308]] with meat.

The custom and final ruling: Practically, the custom is to forbid eating liquidly stomach milk with meat.[309] This applies even Bedieved, and thus if it fell into meat one requires 60x versus the milk.[310] However, congealed stomach milk is considered like feces according to all[311], and is thus permitted to be eaten with meat.[312] Nonetheless, Lechatchilah one is to be stringent against cooking even congealed stomach milk with meat due to Maaras Ayin.[313]

 

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[314] domestic[315] 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[316] 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.

8. Foods which appear similar to meat and milk:

Almond Milk: It is forbidden to cook [or eat] almond milk with meat due to Maras Ayin unless one places almonds by the food. [However, Bedieved, or in a case that almonds are not available, according to some opinions one may be lenient if the mixture is not cooked together, but rather eaten together cold.] It is disputed whether one may cook women’s milk with poultry. See Halacha 7D for the full details of this subject.

Breast milk: It is forbidden to cook or eat human milk [breast milk] with meat due to Maras Ayin. If it fell into meat it is nullified with even less than 60x.  It is disputed whether one may cook women’s milk with poultry. See Halacha 7E for the full details of this subject.

In a case of need: Whenever a mixture is forbidden to cook because of 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 if its eating prohibition is merely due to Maras Ayin. See Halacha 5B for the full details of this subject.

 

Q&A on Maaras Ayin mixtures May one eat imitation meat products made from soy together with milk or during a milky meal?[317] Yes.[318] However, some Poskim advise leaving the wrapper in the vicinity to show that it is vegetarian. May one eat margarine, Pareve ice cream during a meat meal? Yes.[319] However, some Poskim advise leaving the wrapper in the vicinity to show that it is Pareve. May one cook/eat Pareve milk with meat? One may only do so if he makes sure to leave the container of the milk near the meat.[320]

____________________________________________

[1] Michaber 87:1

[2] Michaber 87:1; Tur 87:1; Rambam Sefer Hamitzvos Mitzvah 187; Machalos Assuros 9:1; Rebbe Yishmael in Chulin 115b

[3] The three verses are found in: Mishpatim 23:19; Ki Sisa 34:26; Re’eh 14:21. See Likkutei Sichos Mishpatim and Ki Sisa Volume 6 for an analysis on the opinion of Rashi in the three commands that are repeated.

[4] The source of the discussion is found in Gemara Chulin 115b and Kedushin 57b; See Rambam Sefer Hamitzvos 187

The reason behind the cryptic wording: For what reason does the Torah teach us the prohibition against eating meat and milk together from a repetitive command of “Do not cook them together” rather than simply saying that one may not eat them together? The Torah repeats and says not to cook milk and meat together rather than simply state not to eat them together in order to teach us that Biblically it is only prohibited to eat meat and milk together if they were previously cooked together in the usual manner of cooking i.e. Derech Bishul. If, however, they were not cooked together in their usual method, then there is no Biblical prohibition against eating the mixture. However, Rabbinically any mixture of milk and meat is forbidden to be eaten even if they were not previously cooked together in any way. [Michaber 87:1]

Opinion of the Rambam: See Rambam Sefer Hamitzvos 187 who explains that the Torah does not mention the term “Achila” in order to teach us that one is liable even if he did not benefit from the eating, such as he swallowed it and ate it not BiDerech Achilaso. However, the Rambam n Hilchos Ma’achalos Asuros 9:2 explains it that the reason the Torah does not explicitly state that it is forbidden to eat milk and meat is because it is learned out from a Kal V’chomer of cooking. Just like it is forbidden to merely cook milk and meat without even eating, how much more so to eat it after cooking it is forbidden. See Lechem Mishneh ibid who analyzes this ruling of the Rambam and concludes the Rambam does not negate the teaching brought above, which is sourced in the Gemara, but rather is coming to explain why there is a liability of Malkus for one who eats Basar Bechalav.

[5] Some [Kesef Mishnah Tumas Meis 1:2] explain the prohibition of cooking is a safeguard of the Torah against coming to eat the mixture.

[6] Mitzvah 92, negative 55, in Chinuch; Mitzvah 186 in Rambam Sefer Hamitzvos

[7] Mitzvah 113, negative 66, in Chinuch; Mitzvah 187 in Rambam Sefer Hamitzvos; Not listed in Rasag and Bahag as a separate command

[8] It is only forbidden to benefit from the mixture of milk and meat if they were cooked in the usual manner.

[9] Not listed in Rambam [See Rambam Sefer Hamitzvos 187 for explanation of why it is not listed], Chinuch, Rasag or Bahag as a separate command; It is, however, listed in the Rashbatz in Zohar Rakia as a separate command for a total of three negative commands.

[10] Rambam Machalos Assuros 9:1; See Admur 442:29

[11] 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.

[12] Rama 87:6

[13] Hagahos Mordechai on Avoda Zara

[14] 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]

[15] 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]

[16] Peri Megadim ibid; Machazik Bracha ibid; Zivcheiy Tzedek 87:44; Kaf Hachaim ibid

[17] Shach 87:18

[18] Haghos Mordechai Avoda Zara

[19] 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!

[20] 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!

[21] This refers to meat of a Kosher animal.

[22] Peri Megadim 87 S.D.18; Machazik Bracha 87:22; Zivcheiy Tzedek 87:44; Kaf Hachaim 87:14 and 59

[23] 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.

[24] 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]

[25] Pischeiy Teshuvah 87:8

[26] 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.

[27] 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.

[28] Rama ibid and Shach 87:18 in name of Mordechai;

[29] The reason: As since a Davar Charif is viewed as “Beiyn” it is like one is actually cooking the milk and meat together.

[30] 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.

[31] See Hakashrus 10:6

[32] See Michaber 117:1

[33] The reason it is not forbidden due to making business off non-Kosher foods: Although it is forbidden to do business with non-Kosher foods, working in a non-Kosher restaurant does not contain this prohibition of being that the cook does not own any of the food. [See Kaf Hachaim 117:43 and 72-73 and Yabia Omer for a dispute Poskim regarding working in a non-Kosher restaurant, and his conclusion that it is permitted.]

[34] See regarding Chametz: P”M 450 A”A 12; Shaareiy Efraim 66; Halef Lecha Shlomo 263; Doveiv Meisharim 1:40; Piskeiy Teshuvos 450:11; See however Shaar Efraim ibid who is lenient; See also Shearim Hametzuyanim 117:13 regarding receiving Behavlah, such as if he receives a monthly salary.

[35] See Halacha 5B that even Neveila and Treifa meat of a Kosher animal is Biblically forbidden to be cooked with milk; Although even meat of a non-Kosher species with milk should be forbidden due to Maaras Ayin, as rules Rama 87:4; Shach 87:7 in his first and main explanation and Taz 87:5 in his conclusion, seemingly in this case everyone knows that he is not cooking on behalf of himself but on behalf of the customers, as well as possibly that in a time of need we are lenient with Maaras Ayin.

[36] Source for allowance: See Rama 87:6 regarding mixing meat and milk water together, who implies the prohibition is only regarding the feeding to the animal. [However, see Yad Avraham ibid who writes that even the mixing is Biblically forbidden; See also Hakashrus 1:84 who writes not to spill hot milk into a garbage that contains meat of an animal.] Practically, we have never heard of people being careful in this. This can readily be seen by all when burning Chametz on Erev Pesach that we have never been warned not to throw in milk and meat Chametz products into the fire due to this suspicion. On such a common matter the fact that all previous Poskim omitted this warning is itself a proof that one need not be careful in this.

Explanation: As an explanation for why it is allowed, perhaps this is because it is not certain that there is both meat and milk inside the garbage, as well as even if there is meat and milk inside, it is questionable whether they are close enough to each other to be considered cooked together. It is hence not a Pesik Reishei and is therefore allowed being one has no intent to do so, as is the law by all prohibition that if one has no intent and it is not an inevitable occurrence there is no prohibition in doing the action. In truth, however, one can argue that even if one knows for certain the garbage contains meat and milk which are in contact with each other it is nevertheless permitted, as the Torah did not prohibit destroying meat and milk, but rather fixing it and making it into an edible food. A proof for this can be found in the law that Basar Bechalav is to be buried as opposed to burnt, and the reason given is not because of the prohibition of cooking meat with milk but rather because its ash is also forbidden. [Temurah 33b-34a; Rambam Pesulei Mukdashin 19:14] Hence, we see there is no prohibition in burning Basar Bechalav when one’s intent is to destroy it. [Now although there in Temurah it is referring to a mixture of Basar Bechalav and not to meat and milk which have never been cooked, nevertheless it has the same status, as the Poskim have never used this ruling as a source for saying there is no cooking after cooking by Basar Bechalav, besides for the fact that in truth we rule there is cooking after cooking by Basar Bechalav. Hence, it is permitted without doubt to burn it in order to destroy.]

[37] Hakashrus 1:84; See also Yad Avraham ibid; However by wild animal meat or poultry, there is no cooking prohibition. As well by cold foods there is no cooking prohibition even if it will become Kavush.

[38] As the prohibition of Amira Lenachri applies by all prohibitions, not just Shabbos. [Admur 243:1; 343:5; 450:20; Ribis 72; Sheila Usechirus 29; Beis Shmuel 5:16; Beir Hagoleh; Michaber C.M. 338:6 [regarding muzzling animal]; Question brought in Bava Metzia 90a and above Poskim rule stringently-see Biur Hagr”a 5:32] Seemingly, however, it is permitted to hint to the gentile to do so for him, just as is the law on Shabbos.

[39] See Admur 307:35

[40] Peri Megadim brought in Biur Halacha 307 “Heileich”; Admur 307:35 regarding cooking on Shabbos; Admur 450:20 regarding Pesach

The reason: This is forbidden due to Amira Lenachri, as it appears that the gentile is one’s messenger. [Admur ibid]

[41] Admur 450:20 regarding Chametz

[42] Admur 450:20-21 regarding Chametz

[43] See Admur 442:29; Rambam Machalos Assuros 9:1; Pischeiy Teshuvah 87:2

[44] Michaber Y.D. 155:3; Rambam Mamchalos Asuros 14:10-11, brought in Kaf Hachaim 87:1-2; Pesachim 25a

[45] Michaber Y.D. 155:3

[46] See Peri Toar 87:2; Kaf Hachaim 87:3

[47] See Michaber ibid; Shach 155:13-14 regarding foods that are only Rabbinically forbidden and are not forbidden in benefit.

[48] Chochmas Adam 40:2

[49] Michaber 87:1; Tur 87:1; Rambam Sefer Hamitzvos Mitzvah 187; Machalos Assuros 9:1; Rebbe Yishmael in Chulin 115b

[50] Peri Toar 87:2; Kaf Hachaim 87:3

[51] See Pischeiy Teshuvah 87:1 that according to the Rambam Machalos Assuros 8:16 there are no lashes given for benefiting from Basar Bechalav, or any other food forbidden in benefit, while according to the other Poskim one receives lashes.

[52] 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.

[53] Taz 94:4

[54] Admur 443:9-12 regarding Chametz

[55] Taz 94:4; Chasam Sofer 98; Pischeiy Teshuvah 94:6; Hachaim 94:41; See Admur Kuntres Acharon 447:3; Piskei Admur p. 171

[56] The reason: As one is not benefiting from the actual Basar Bechalav which is absorbed within the walls of the pot. [ibid]

[57] Michaber 94:3; Admur 451:2 regarding Chametz; See also Admur 450:13; Piskeiy Admur p. 120, 177

[58] The reason: as one is not benefiting from the actual Basar Bechalav which is absorbed within the walls of the pot.

[59] Shach 94:12

The reason: Although in 91 the Michaber rules that one may not use a Treif vessel for wet foods, nevertheless here it has a status of Bedieved and is thus permitted. [Beir Heiytiv]

[60] Taz 94:4 and Beis Yosef 94 in name of Shareiy Dorah; Admur 450:13 regarding Chametz; Toras Chatas 85:3; Lechem Hapanim 94:12; Beis Lechem Yehuda 94:11; Chavas Daas 94:10; Erech Hashulchan 94:7; Chochmas Adam 46:8; Beis Yitzchak 94:23; Aruch Hashulchan 94:14; Zivcheiy Tzedek 94:29; Kaf Hachaim 94:38

Other opinions: Some Poskim rule it is forbidden to do so. [Mordechai]

[61] The reason: As one is not benefiting from the Basar Bechalav taste that is in the pot. [Taz ibid]

[62] Taz 94:4

[63] Rashal brought in Taz 94:4

[64] Shaareiy Dorah and Toras Chatas

[65] Rambam Machalos Assuros 9:1; Mishneh in end of Temurah 33b; Peri Chadash 94:10; Kneses Hagedola 87:10; Peri Toar 87:2; Kreisi 87:4; Erech Hashulchan 87:6; Pischeiy Teshuvah 87:2 in end; Kaf Hachaim 87:3; O.C. 448:108

The reason: Being that the mixture is forbidden in benefit and is thus forbidden to be given to a gentile or animal, as explained above, it is therefore required to be buried in order so one does not benefit from it. [Peri Chadash ibid]

[66] Kneses Hagedola 87:10; Shulchan Gavoa 87:3; Chochmas Adam 40:2; Kaf Hachaim 87:4

[67] Rambam Pesulei Hamukdashin 19:14; Temurah 34a; Peri Chadash 94:10; Kaf Hachaim 87:3

The reason: As its ash remains forbidden even after the burning and hence must be buried

[68] Kneses Hagedola 87:10; Shulchan Gavoa 87:3; Chochmas Adam 40:2; Kaf Hachaim 87:4;

[69] Taz 94:4; Kneses Hagedola 87:10; Shulchan Gavoa 87:3; Chochmas Adam 40:2; Kaf Hachaim 87:4; Hakashrus 10 footnote 6; See Machatzis Hashekel 448:9 based on the M”A 445 that one may flush it down the toilet even if fish or pigs will come to benefit from it there.

[70] Zivcheiy Tzedek 87:2 that so is custom of Bagdad; Kaf Hachaim ibid

[71] P”M 87 Pesicha; Issur Viheter 21:6; Kaf Hachaim 87:5-6

[72] Rambam Machalos Assuros 9:1; Mishneh in end of Temurah 33b; Chinuch in end of Mishpatim, Ovadia Bartenura in end of Temura; Peri Chadash 94:10; Peri Toar 87:2; Kreisi 87:4; Erech Hashulchan 87:6; Pischeiy Teshuvah 87:2 in end; Yad Avraham 87:6; Kaf Hachaim 87:3; See also Admur 442:34 and 445:8 who rules regarding Chametz that its ash is forbidden in benefit

Other opinions: Some Poskim rule it is permitted to benefit from meat and milk ash. [Beis Yehudah 294 and Minchas Yaakov in end, brought in Yad Avraham ibid, that no Posek ever mentions a prohibition against benefiting from meat and milk ash.]

[73] Zivcheiy Tzedek 87:8; Kaf Hachaim 87:3; See Admur 445:10 regarding Chametz and a case of Zeh Vizeh Goreim

[74] Taz 94:4; Toras Chatas 85:3; Shaareiy Dura 5; Issur Viheter 21:12; Tashbeitz 3:293; Kneses Hagedola 87:10; Peri Chadash 94:10; Admur Kuntres Acharon 447:2; Hakdama of Yad Efrayim; Shulchan Gavoa 87:3; Erech Hashulchan 87:7; O.C. 448:7; Chochmas Adam 40:2; M”B 448:28 and Shaar Hatziyon 448:75 that so is simple implication; Kaf Hachaim 87:4; O.C. 448:108; So rule regarding Chametz that it is forbidden to be given to even wild animals that are not owned: Admur 443:3; Michaber 448:6; Taz 443:3; M”A 448:9; Levush 448; See Mateh Yehuda 448; Mor Uketzia 448

Other opinions: Some Poskim rule it is permitted to feed Basar Bechalav to a Hefker animal. [Gr”a, in accordance to Damesek Eliezer, brought in Shaar Hatziyon 448:75; Makor Chaim 448:15, brought in Kaf Hachaim 448:108; See P”M 448 A”A 9 who questions this matter]

^[75] The reason: As one receives mental/emotional satisfaction by satiating the animals hunger. [Mishneh Berurah 448:28 regarding Chametz]

[76] See Halacha 5B for the full details of this subject; Beis Hillel 87:2; Kanfei Yonah 87; P”M 87 S.D. 16; Shaar Efraim 38; Machazik Bracha 87:15-17; Gilyon Maharsha ibid; Zivcheiy Tzedek 87:13 and 41; Aruch Hashulchan 87:12; Kaf Hachaim 87:19 and 56; Chasam Sofer ibid rules like the stringent opinion although concludes that one who is lenient like the Noda Beyehuda has upon whom to rely; See Rambam La’am ibid that it is implied from the Rambam ibid that he retracted from his ruling in Pirush Hamishnayos and rules that it is forbidden in benefit

Other opinions: Some Poskim rule that there is no prohibition to benefit from a mixture of Basar Bechalav is the meat is Neveila or Treifa. [Rambam in Pirush Hamishnayos Kerisus 3 [see Rambam La’am Machalos Assuros 9:6 footnote 29]; Degul Merivava 87:3 allows to be lenient like Rambam in a case of loss; Chasam Sofer ibid concludes that one who is lenient like the Noda Beyehuda has upon whom to rely; See Pischeiy Teshuvah 87:6; Yad Avraham 87:3]

[77] Rama 87:1; Michaber 91:8 regarding Melicha; Shach 87:2; Taz 87:1; Rambam, Chinuch, Mordechai, Tur; Issur Viheter 30; and the Michaber

Other opinions: Some Poskim rule one may not benefit from even Rabbinical mixtures of Basar Bechalav. [Rashal Perek Kol Habasar 100; Bach 87, brought in Shach and Taz ibid]

[78] Michaber 87:3; See Halacha 2-4 for the full details of this matter!

[79] P”M 87 Pesicha; Issur Viheter 21:6; Kaf Hachaim 87:5-6

[80] See Michaber 117:1

[81] Igros Moshe E.H. 1:7 [permits if no decision-making ownership]; Cheishev Haeifod 1:82 in name of Tchebiner Rav based on Mahariy Levi 2:124

[82] Minchas Yitzchak 3:1; 7:26; Moadim Uzmanim 3:269; The Rebbe in Reshimos 161 is of the opinion that owning even a single stock considers one a partner, and hence seemingly, it would be prohibited to own stock in any Basar Bechalav company.

[83] See Igros Moshe Y.D. 2:37; Sappirim 1 p. 1

[84] See Michaber 117:1

[85] Igros Moshe ibid as the food is not edible for humans.

[86] Admur 450:8 regarding Chametz; Michaber 450:4; Mordechai Remez 587; M”B 450:25; Piskeiy Teshuvos 450:6

[87] The reason: As it is forbidden to make money from an item that is forbidden in benefit. [Admur ibid]

[88] The reason: As so long as the gentile did not make clear the purpose of his rental, the Jew would receive payment regardless of what he uses it for, and hence he makes no money from the fact that he specifically used it to store Basar Bechalav. [See Admur ibid]

[89] See Admur 450:12 who only prohibits lending by a pot, as the Jew receives benefit from the cooked Chametz, however, if there is no benefit involved, then it is allowed; This is unlike Piskeiy Teshuvos 450:6 who writes to prohibit even lending

[90] See Michaber 117:1

[91] If one does not actually touch any of the foods, or it is in a closed box, this applies according to all opinions: Chasam Sofer 105; Maharam Chalva Pesachim 23; Chelkas Yoev Y.D. 18; Halef Lecha Shlomo 188; Imrei Eish 50; Maharam Shick 136; Michtam Ledavid 14; Aruch Hashulchan 117:28; Kaf Hachaim 117:73 in name of above Poskim. Furthermore, even if one deals with the actual food, and there is suspicion that one may come to eat, many Poskim rule it is permitted to do so. [Maharsham 1:126; Levushei Mordechai 4:125; Chavolim Benimim 2:46; See dispute in Poskim brought in Darkei Teshuvah 117:50; Kaf Hachaim 117:43 and 72-73, and Yabia Omer 4:6; Beis Shlomo Y.D. 192; Maharshag 1:22; Avnei Nezer Y.D .1:105; Daas Kohen Y.D. 57-58; Beis Avi 3:104; Igros Moshe Y.D .151; Teshuvos Vehanhagos 2:392] the final ruling is that it is permitted in a time of need. [See dispute in Poskim in Kaf Hachaim 117:43 and 72-73, and Yabia Omer and his conclusion that it is permitted.]

[92] Even if one deals with the actual food, and there is suspicion that one may come to eat, many Poskim rule it is permitted to do so. [Maharsham 1:126; Levushei Mordechai 4:125; Chavolim Benimim 2:46; See dispute in Poskim brought in Darkei Teshuvah 117:50; Kaf Hachaim 117:43 and 72-73, and Yabia Omer 4:6; Beis Shlomo Y.D. 192; Maharshag 1:22; Avnei Nezer Y.D .1:105; Daas Kohen Y.D. 57-58; Beis Avi 3:104; Igros Moshe Y.D .151; Teshuvos Vehanhagos 2:392] Yabi Omer ibid concludes he that it is permitted in a time of need.

[93] See regarding Chametz: P”M 450 A”A 12; Shaareiy Efraim 66; Halef Lecha Shlomo 263; Doveiv Meisharim 1:40; Piskeiy Teshuvos 450:11; See however Shaar Efraim ibid who is lenient; See also Shearim Hametzuyanim 117:13 regarding receiving Behavlah, such as if he receives a monthly salary.

[94] See Hakashrus 10:6

[95] Admur 443:4 in parentheses regarding Chametz; Shut Bach 143; Chok Yaakov 445:4; Vetzaruch Iyun from 450:21-23 where Admur allows one to provide him Chametz that he does not own, unless one obligated himself to provide him specifically Chametz foods. Accordingly, so too here, it should be allowed to provide the employee with Basar Bechalav foods that he does not own

[96] The reason: As by doing so it’s as if that he is paying off his debts to the maid using food which is forbidden in benefit. [Admur ibid]

[97] See Michaber 117:1

[98] See Admur 450:23 regarding Chametz from where it is clear that having the gentile take the food on credit circumvents both the business and benefit prohibitions from being transgressed by the employer.; 2^nd opinion in Michaber 450:6; Mordechai Remez 549; M”A 450:9 that so is main opinion; Hagahos Maharshal on Tur 450; Peri Chadash 450:6

Other opinions: Some Poskim rule it is forbidden to have the gentile buy for himself Chametz on the basis that one will pay him, or the store owner, back. [1^st opinion in Michaber ibid]

[99] As otherwise the food becomes his before it is paid for and once again all the prohibitions return.

[100] If the employer is obligated to provide the meal as a condition of employment, then it is certainly forbidden for him to provide the Basar Bechalav foods to his employees. [See sources the previous Q&A!] Furthermore, even if one is not required to provide meals for the employee, it is possibly forbidden due to the prohibition of feeding Basar Bechalav to any person or animal.

[101] Some Poskim rule it is forbidden to purchase non-Kosher food for the sake of feeding one’s employees due to the business prohibition. [Rama 117:1; Taz 117:2; Peri Toar 117:3; Rash and Ovadia Bartenura Dmaiy 3; Erech Hashulchan 117:3; Peri Hasadeh 3:193; Zivcheiy Tzedek 117:7] Other Poskim, however, rule that it is permitted to do so and that so is the custom. [Shach 117:3; Peri Chadash 117:3; Aruch Hashulchan 117:19; Makom Shmuel 77; Chochmas Adam 69:1] See Kaf Hachaim 117:12 and 52; Levush 117:1; Pischeiy Teshuvah 117:4; Maharam Brisk 2:56; Pnei Meivin Y.D. 101; Beis David 117:13; Neta Shurak Y.D. 41; Daiy Hasheiv 5; Darkei Teshuvah 117:28; Chelkas Binyamon 117:12; Teshuvos Vehanhagos 2:394 and 393

[102] See Admur 450:20

[103] See sources in the previous two Q&A! The doubt here is regarding if we consider a credit card payment by the employee as if the employer has purchased the Basar Bechalav, and then provided it to the gentile. [See Admur 450:22] If we do view the purchase in this way, then if he is required to provide for the meals of the employee, certainly it would be forbidden to purchase Basar Bechalav on his behalf, as stated in Admur 443:4. Furthermore, even if one is not required to provide meals for the employee, it is possibly forbidden due to the prohibition of feeding Basar Bechalav to any person or animal. If, however, we view the credit card as money given to the gentile employee, then the gentile employee may use the credit card for purchasing Basar Bechalav. Nonetheless, it is unclear if the employer may direct him to do so [i.e. tell him to purchase a cheeseburger with the credit card]. [See Admur 450:20]

[104] Admur 450:21

[105] Michaber 87:3 regarding poultry and wild animal meat

[106] Michaber 87:6-7 regarding blood, bones, skin, placenta, Chalav Meisa and Chalav Zachar that he is exempt from lashes if he cooks [ibid] although doing so is Rabbinically forbidden. [Shach 87:22; Beir Heiytiv 87:19; Peri Chadash 87:120; Lechem Hapanim 87:14; Beis Lechem Yehuda 87:14; Halacha Pesuka 87:6; P”M 87 S.D. 22; Chochmas Adam 40:6; Beis Yitzchak 87:9; Yad Yehuda 87:35; Zivcheiy Tzedek 87:49; Aruch Hashulchan 89:29; Kaf Hachaim 87:66]

[107] Shach 87:7 in his first explanation, as rules Michaber 87:4 regarding woman’s breast milk; Rama ibid regarding cooking non-kosher meat with milk

Other Opinions: Some Poskim rule that chicken may be cooked with milk and there is no concern for Maaras Ayin. This implies that there is no worry of Maaras Ayin by Rabbinical mixtures of meat and milk. [Rama 87:4] Some Poskim suggest that perhaps only when both foods are Kosher do we apply the Issur of cooking due to Maaras Ayin. [Taz 87:5]

[108] Rama 87:1; Michaber 91:8 regarding Melicha; Shach 87:2; Taz 87:1; Rambam, Chinuch, Mordechai, Tur; Issur Viheter 30

Other opinions: Some Poskim rule one may not benefit from even Rabbinical mixtures of Basar Bechalav. [Rashal Perek Kol Habasar 100; Bach 87, brought in Shach and Taz ibid; Beis Yosef 91 in name of Iggur that some Poskim negate the above ruling and prohibit in benefit]

[109] Michaber 87:1; Tur 87:1; Rashba in Toras Habayis Hakatzar 3:4 p. 84b

[110] The source: The Torah does not explicitly write of the prohibition against eating a mixture of meat and milk and rather has it derived from the command of not cooking meat and milk together, which is repeated three times. From this repetition we learn that the prohibition includes eating. Now, why did the Torah not simply state not to eat them together rather than have it derived from a repeated ban against cooking? This was done in order to teach us the above law, that Biblically it is only prohibited to eat meat and milk together if they were previously cooked together. Thus, the Torah worded the ban against eating as “cooking”. [Michaber ibid]

[111] Kaf Hachaim 87:11

[112] P”M 87 Pesicha 3; Pischeiy Teshuvah 87:3; Kaf Hachaim 87:12; 91:73 unlike Peri Toar 91:17 who implies there is no prohibition to cook it afterwards.

[113] Kaf Hachaim 87:8

[114] Peri Chadash 87:3

[115] P”M 87 Pesicha 3; Kreisi 87:3; Zivcheiy Tzedek 87:7; Kaf Hachaim ibid

[116] Peri Toar 91:17; See Minchas Yaakov 85:19; Rav Akiva Eiger on Rama 87:1; Shach 87:19; Peri Chadash 87:17; P”M 87 S.D. 19; Kreisi 87:16; Beis Lechem Yehuda 87:11; Halacha Pesuka 87:6; Beis Yitzchak 87:29; Aruch Hashulchan 87:33; Kaf Hachaim 87:60; See Halacha 2C regarding mixing the meat and dairy dish water together!

[117] Rama 87:6 in name of Mahariv, as explained in Issur Viheter and Minchas Yaakov ibid and Aruch Hashulchan ibid that he refers to a case of mixing cold dish waters together; Kaf Hachaim 91:73

[118] The reason: As just as one may not eat a Rabbinically cooked mixture of meat and milk, so too one may not initially cook a mixture in a Rabbinical method. [Minchas Yaakov ibid] 

[119] Rama ibid, as explained in Minchas Yaakov ibid and Aruch Hashulchan ibid

[120] Beir Heiytiv 87:1; Peri Chadash 87, brought in Beir Heiytiv 87:1 and glosses of Rav Akiva Eiger 87:1; See P”M 87 S.D. 19; Kreisi 87:16; Beis Yitzchak 87:29; Aruch Hashulchan 87:33; Kaf Hachaim 87:60

Ox meat: Ox meat cannot cook in a Keli Rishon unless it is on the fire. [Michaber 318:9; Admur 318:17] Accordingly, if it fell into a Keli Rishon of hot milk and thus absorbed milk taste, it remains permitted in benefit. [Chidushei Rav Akiva Eiger 91] However, if the meat appears cooked, it is forbidden in benefit. [Kaf Hachaim 91:72]

[121] Peri Chadash 87, brought in Beir Heiytiv 87:1 and glosses of Rav Akiva Eiger 87:1

Other opinions: Some Poskim rule that placing something hot in a cold meat and milk mixture is only a Rabbinical form of cooking, while pouring from a Keli Rishon is a doubt if it is considered Biblically forbidden (Safek D’oraisa). [Minchas Yaakov]

[122] Thus, one may eat the meat that is under the outer layer, as it has never absorbed milk.

[123] P”M 87 S.D. 18; Machazik Bracha 87:22; Zivcheiy Tzedek 87:44; Kaf Hachaim 87:14 and 59; All Poskim in next footnote

[124] Shaar Efraim 38; Machazik Bracha 87:16-17; Zivcheiy Tzedek 87:41; Pischeiy Teshuvah 87:4; Kaf Hachaim 87:56; See Halacha 5B!

Other opinions: Some Poskim rule that while it is Biblically forbidden to cook Cheilev with milk, there is no prohibition to benefit from it, as it does not contain a Basar Bechalav eating prohibition being that it is in any event not Kosher. [Degul Merivava 87:3; See Pischeiy Teshuvah 87:6]

[125] Peri Chadash 87:2; Beir Heiytiv 87:1; P”M 87 M”Z 1; Minchas Yaakov in Soles Lamincha in end of Toras Chatas 85:3; Lechem Hapanim 87:2; Beis Lechem yehuda 87:1; Pleisi 87:1; Mateh Yosef 2:7-1; Machazik Bracha 87:14; Chochmas Adam 40:1; Beis Yitzchak 87:1; Zivcheiy Tzedek 87:39; See Kaf Hachaim 87:53

[126] Peri Toar 87:3; Chavas Daas 87:1; Erech Hashulchan 87:4; Aruch Hashulchan 87:11; Mikdash Me’at 87:7 is lenient in a case of great loss to permit benefiting from mixture

[127] Peri Chadash 87:2; Beir Heiytiv 87:1; Mateh Yosef 2:7-1; Machazik Bracha 87:14 and 18 and Birkeiy Yosef Shiyurei Bracha 87:8; Yad Avraham 87:6; Chochmas Adam 40:1; Zivcheiy Tzedek 87:40; Noda Beyehuda Y.D. 29; See Kaf Hachaim 87:54; Kanfei Yonah 87; Pischeiy Teshuvah 87:6

[128] Soles Lamincha in end of Toras Chatas 85:3; Ohel Yosef Y.D. 24; Erech Hashulchan 87:4; Aruch Hashulchan 87:11; Maharam Shif, brought in Kaf Hachaim 87:58; P”M 87 M”Z 1 and Mikdash Me’at 87:7 are lenient in a case of great loss to permit benefiting from mixture

[129] See Machazik Bracha 87:15; Yosef Ometz 83; Zivcheiy Tzedek ibid; Kaf Hachaim 87:55; Kanfei Yonah ibid; Pischeiy Teshuvah 87:6

[130] Michaber 87:6; Tur 87; Rambam Machalos Assuros 9:6

[131] Perisha 87:9; Aruch Hashulchan 87:25; Kaf Hachaim 87:43

[132] Pleisi 87, brought in Yad Efraim 87:6

[133] 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

[134] 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]

[135] The reason: Since it is only a Rabbinical mixture it is hence permitted to benefit from a mixture of meat and milk that is smoked together.

[136] Peri Chadash, brought in Beir Heiytiv 87:1; Gr”a 87:13; Machazik Bracha 87 and Peri Toar 87:14 rules that smoking and Chamei Tiveria is a Biblical doubt if cooking in such a manner [hot springs] is forbidden, and therefore one does not receive lashes as it is a mere doubt, but it is nevertheless forbidden to cook and benefit due to doubt of its Biblical doubt. See Yad Efrayim 87:6

[137] Michaber 87:6; Tur 87; Rambam Machalos Assuros 9:6

[138] Peri Chadash 87:2; Beir Heiytiv 87:1

Other opinions: Some Poskim rule that smoking and cooking in Chamei Tiveria is in question if it is under a Biblical prohibition, and therefore one does not receive lashes due to the doubt. However, it is nevertheless possibly Biblically forbidden to cook and benefit from it, as it is it is possible that this is considered a Biblical form of cooking. [Peri Toar 87:14]

[139] 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]

[140] 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

[141] Peri Chadash 87:2

The reason: Since it is only a Rabbinical mixture it is hence permitted to benefit from a mixture of meat and milk cooked in the Tiberius hot springs. [Peri Chadash ibid]

[142] Peri Toar 87:14 [see previous footnotes in other opinions]

[143] Rashal in Gid Hanshe 45, brought in glosses of Rav Akiva Eiger 87:1

[144] Shach 87:1; Bach 87; See Michaber 91:8

[145] Michaber 91:8

[146] Rama 105:1

[147] Michaber 91:8

[148] Michaber 91:8

[149] P”M 87 S.D. 19; Zivcheiy Tzedek 87:45; Kaf Hachaim 87:60

[150] Michaber 87:2

[151] Michaber 87:4

[152] Taz 87:5

[153] 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

[154] Michaber 87:2-3

[155] Although the Torah states the meat of a kid, this is not literal, and it includes also other meats such as from an ox, sheep and goat. [Michaber 87:2]

[156] P”M 87 S.D. 33, brought in Pischeiy Teshuvah 87:21

[157] Tiferes Tzevi 14:73, brought in Pischeiy Teshuvah 87:20; Implication of Shach 114:21, brought in Pischeiy Teshuvah 87:21; Shvus Yaakov 2:70 regarding Musk, brought in Birkeiy Yosef 87 Shiyurei Bracha 1; Kaf Hachaim 87:87

[158] P”M 81 S.D. 1; Machazik Bracha 87:10; Zivcheiy Tzedek 87:29; Kaf Hachaim 87:35

[159] Michaber 87:3 [See Q&A regarding the Issur Basar Bechalav by non-Kosher animals]

[160] Rama 87:4; Shach 87:7 in his first and main explanation; Taz 87:5 in his conclusion

Other Opinions: Some Poskim suggest that perhaps only when both foods are Kosher do we apply the Issur of cooking due to Maaras Ayin. [Taz 87:5; The Beir Heiytiv 87:7 explains that according to the Rama there is no Maaras Ayin prohibition to cook non-Kosher meat with non-Kosher milk since both components are non-Biblical, and the Maaras Ayin only applies if one of the ingredients are Biblical.]

[161] Implication of Michaber 87:3 [who states “non-kosher animal” instead of “non-kosher meat”]; Rama 87:6 [who rules that one may not elevate fire under gentile’s pot because perhaps there is milk and meat inside, thus implying that the prohibition applies even if the meat is not-kosher, but from a Kosher species.]; Rambam Machalos Assuros 9:6; Bach 92; Kneses Hagedola 92:14; Beis Hillel 87:2; Kanfei Yonah 87; Erech Hashulchan 94:10; P”M 87 S.D. 16 and 92 S.D. 10; Shaar Efraim 38; Machazik Bracha 87:15-17; Zechor Leavraham Y.D. 92:2; Degul Merivava 87:3; Chasam Sofer 92; Pischeiy Teshuvah 87:4 and 6; Gilyon Maharsha 87:3; Zivcheiy Tzedek 87:13 and 41; Aruch Hashulchan 87:12; Kaf Hachaim 87:19-20 and 56, and 92:17; See Matei Yehonasan 87:3; Yad Avraham 87:3

[162] Rambam Machalos Assuros 9:6; Degul Merivava 87:3; Chasam Sofer ibid; Yad Avraham 87:3; See Pischeiy Teshuvah 87:6; Two opinions in Chulin 113

The reason: As the non-Kosher meat or milk is already individually Biblically forbidden in consumption and the rule is that we do not add one Issur to another in such a situation. [Rambam ibid]

[163] Rambam in Pirush Hamishnayos Kerisus 3 [see Rambam La’am Machalos Assuros 9:6 footnote 29]; Degul Merivava 87:3 allows to be lenient like Rambam in a case of loss; Chasam Sofer ibid concludes that one who is lenient like the Noda Beyehuda has upon whom to rely; See Pischeiy Teshuvah 87:6; Yad Avraham 87:3

[164] The reason: As the prohibition against benefit is an offshoot of the eating prohibition, and since there is no Basar Bechalav prohibition in eating the mixture, it is therefore permitted in benefit.

[165] Beis Hillel 87:2; Kanfei Yonah 87; P”M 87 S.D. 16; Shaar Efraim 38; Machazik Bracha 87:15-17; Gilyon Maharsha ibid; Zivcheiy Tzedek 87:13 and 41; Aruch Hashulchan 87:12; Kaf Hachaim 87:19 and 56; Chasam Sofer ibid rules like the stringent opinion although concludes that one who is lenient like the Noda Beyehuda has upon whom to rely; See Rambam La’am ibid that it is implied from the Rambam ibid that he retracted from his ruling in Pirush Hamishnayos and rules that it is forbidden in benefit

[166] Vetzaruch Iyun if according to these Poskim, eating the mixture transgresses the Biblical benefit prohibition of Basar Bechalav, even though it does not transgress the eating prohibition. However, in truth, just as we apply “Ein Issur Chal Al Issur” regarding the eating, so too regarding the benefiting. Vetzaruch Iyun!

[167] See Machazik Bracha 87:15; Yosef Ometz 83; Zivcheiy Tzedek ibid; Kaf Hachaim 87:55; Pischeiy Teshuvah 87:6

[168] See Poskim ibid; Shaar Efraim 38; Machazik Bracha 87:16-17; Zivcheiy Tzedek 87:41; Pischeiy Teshuvah 87:4; Kaf Hachaim 87:56;

[169] See Shut Mimamakim Vol. 1 of Rav Efraim Ushri, a Rav who survived the Kovno Ghetto and recorded 5 volumes of unique questions that came up during the Holocaust. One of the questions there deals with a case similar to the one mentioned here.

[170] See Shut Mimamakim that the Rav of Kovno himself entered into the dining room and ate from the Treif meat soup with a blessing to show everyone that it is a Mitzvah to eat it due to Pikuach Nefesh.

[171] Furthermore, if one has the option to eat from the non-Basar Bechalav Treif meat, perhaps eating from the Basar Bechalav Treif meat would contain a Biblical Basar Bechalav prohibition, as he does not transgress any prohibition by eating the Treif meat in a state of Pikuach Nefesh, and hence there is no Issur Chal Al Issur.

[172] Michaber 87:3; Rebbe Akiva in Mishneh Chulin 113a; Rambam Machalos Assuros 9:4 [unlike Hilchos Mumarim 2:9]; Shach 87:4; Shach in his Sefer Hearuch on Tur in name of many Poskim; Peri Chadash 87:6; Peri Toar 87:8; Zivcheiy Tzedek 87:16; Chochmas Adam 40:3; Beis Yitzchak 87:2; Aruch Hashulchan 87:9; Kaf Hachaim 87:21

Other opinions: Some Poskim rule that Kosher Chayah meat is Biblically forbidden to be cooked/eaten with milk of a Kosher animal. [Rebbe Yossi Hagelili in Mishneh Chulin 8:4 as explained in Rambam Pirush Hamishnayos; Rambam Hilchos Mumarim 2:9 [unlike Machalos Assuros 9:4], as explained in Merkeves Hamishneh, unlike Kesef Mishneh and Radbaz; Rashal in Yam Shel Shlomo Perek Kol Habasar 100 and Bach 87, based on the Hagahas Sheid 76:4, based on Tosfos Chulin 104b, as brought in Shach ibid; Erech Hashulchan 87:4 and 14 is stringent]

Does the mixture of Chayah meat and milk receive the same status of laws as a Biblical mixture regarding Taaruvos? See Taz 98:5 and Shach 98:7 for a dispute on the severity of this Rabbinical prohibition of chicken, and if it carries Biblical weight.

[173] Michaber 87:3

[174] Shach 87:7 in his first and main 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: Some Poskim rule that chicken may be cooked with milk and there is no concern for Maaras Ayin. This implies that there is no worry of Maaras Ayin by Rabbinical mixtures of meat and milk. [Rama 87:4 as understood by Shach’s 87:6; See Beir Heiytiv 87:7]

[175] Parshas Re’eh 14:4

[176] A Buffalo: Is questionable whether it is a Chayah or a Biheima. See Rama Yoreh Deah 28:4.

[177] Michaber 87:7; Chulin 114a

[178] Michaber 87:7; Chulin 114a

[179] Soft skin: Some Poskim question as to whether the above Biblical exemption applies even to the soft skin found in certain areas of the animal, such as the skin of the genitals, the skin of a fetus, and the skin under the tail, or if these skins are under a Biblical cooking and eating prohibition with milk. [P”M 87 S.D. 22; Machazik Bracha 87:27; Pischeiy Teshuvah 87:15; Zivcheiy Tzedek 87:51; Kaf Hachaim 87:68]

[180] P”M 87 S.D. 22; Machazik Bracha 87:28; Pischeiy Teshuvah 87:15; Zivcheiy Tzedek 87:52; Kaf Hachaim 87:69-70

The novelty: Although we rule that the hard bones of a non-Kosher animal do not require 60x if they fall in a food [See Michaber 99:1; Taz 99:1], nevertheless there is a Rabbinical decree against cooking them with milk.

Other opinions: Some Poskim rule that only the soft bones are Rabbinically forbidden, while the hard bones do not contain even a Rabbinical prohibition. [Minchas Yaakov in Shut in end of Toras Chatas 16; See Beis Lechem Yehuda Shut 99, brought in Pischeiy Teshuvah 87:15]

The bone marrow: Bone marrow is under a Biblical prohibition of meat and milk. [Michaber 99:1; See Minchas Yaakov in Shut in end of Toras Chatas 16; Beis Lechem Yehuda Shut 99, brought in Pischeiy Teshuvah 87:15; P”M 87 S.D. 22; Machazik Bracha 87:28-29; Kaf Hachaim 87:70]

[181] Michaber ibid

[182] P”M 87 S.D. 22; Kaf Hachaim 87:69

[183] Shach 87:22; Beir Heiytiv 87:19; Peri Chadash 87:120; Lechem Hapanim 87:14; Beis Lechem Yehuda 87:14; Halacha Pesuka 87:6; P”M 87 S.D. 22; Chochmas Adam 40:6; Beis Yitzchak 87:9; Yad Yehuda 87:35; Zivcheiy Tzedek 87:49; Aruch Hashulchan 89:29; Kaf Hachaim 87:66

The reason it is forbidden to cook: It is implied from the Poskim ibid that these items contain an actual Rabbinical prohibition to be cooked with milk, and not just Maaras Ayin, as does poultry and wild animal meat. Seemingly, the reason for this is because any product which comes from an animal which its meat has a Biblical prohibition of Basar Bechalav, the Sages gave it a Rabbinical prohibition for all matters including cooking. Vetzaruch Iyun

[184] P”M 87 S.D. 22; Machazik Bracha 87:28-29; Pischeiy Teshuvah 87:15; Zivcheiy Tzedek 87:52; Kaf Hachaim 87:69-70

Other opinions: Some Poskim rule that only the soft bones are Rabbinically forbidden, while the hard bones do not contain even a Rabbinical prohibition. [Minchas Yaakov in Shut in end of Toras Chatas 16; See Beis Lechem Yehuda Shut 99, brought in Pischeiy Teshuvah 87:15]

[185] Peri Toar 87:15; Zivcheiy Tzedek 87:50; Kaf Hachaim 87:67

[186] Rama 87:10; Beis Yosef 87 in name of Shibulei Haleket

[187] Michaber 87:6 “One is exempt, and one does not receive lashes due to Basar Bechalav”; Braisa Chulin 114

[188] Shach 87:15; Peri Chadash 87:13; Kreisi 87:13; Kaf Hachaim 87:50

Other opinions: Some Poskim rule that cooked blood is Biblically forbidden. [Implication of Michaber ibid, Rambam Machalos Assuros 9, brought in Shach ibid; See Kaf Hachaim ibid]

[189] Shach 87:13 implies that even to cook blood with milk is Rabbinically forbidden. This is understood from the Michaber, being that Michaber is dealing with cooking blood with milk and says “one is exempt” [from the Biblical prohibition] which implies that it is nevertheless forbidden Rabbinically. So rules also Mateh Yehonasan [brought in Otzer Hamefarshim of Shulchan Aruch Habahir]

[190] Rambam Machalos Assuros 9:6; Machazik Bracha 87:15; Zivcheiy Tzedek 87:14; Kaf Hachaim 87:20

[191] Michaber 87:3; Rebbe Akiva in Mishneh Chulin 113a; Rambam Machalos Assuros 9:4 and Hilchos Mumarim 2:9; Shach 87:4; Shach in his Sefer Hearuch on Tur in name of many Poskim; Peri Chadash 87:6; Peri Toar 87:8; Zivcheiy Tzedek 87:16; Chochmas Adam 40:3; Beis Yitzchak 87:2; Aruch Hashulchan 87:9; Kaf Hachaim 87:21

Opinions that hold fowl is Biblical and their negation: Some Poskim rule that fowl is defined as meat and is Biblically forbidden with milk. [Rashal in Yam Shel Shlomo Perek Kol Habasar 100 and Bach 87, based on the Hagahas Sheid 76:4, based on Tosfos Chulin 104b; Erech Hashulchan 87:4 and 14 concludes to be stringent] The following is the background of this approach, and the Shach’s [and other Poskims] negation of it: The Maharshal [Yam Shel Shlomo Perek Kol Habasar 100] and Bach [87] rule based on the Hagahas Sheid [76:4] that chicken is Biblically forbidden with milk. The Hagahos Sheid states that one cannot be lenient against Tosfos Chulin 104b that forbids eating milk after chicken. The Tosfos ibid states that the reason why people are accustomed not to eat milk after chicken is because they hold that chicken with milk is Biblical. Thus the Bach and Rashal deduce from the Hagahos Sheid ibid that he must hold that chicken and milk is Biblical. The Shach ibid however negates these opinions and states that in truth the Hagahos Sheid explicitly states elsewhere that chicken with milk is Rabbinical, and he is only stringent regarding not eating milk after chicken even though it is Rabbinical. Likewise, there are alternative ways of explaining why people are stringent to not eat milk after chicken unlike the suggestion of Tosfos. The Shach ibid concludes with a quote from the Rambam [Mamarim 9] who says, “that one who rules that poultry with milk is Biblically forbidden transgresses the prohibition ‘not to add’ rulings onto the Torah. [Shach 87:4]

Does the mixture of poultry and milk receive the same status of laws as a Biblical mixture regarding Taaruvos? See Taz 98:5 and Shach 98:7 for a dispute on the severity of this Rabbinical prohibition of chicken, and if it carries Biblical weight.

[192] Michaber ibid as explains Shach 87:7 in his first explanation

[193] Shach 87:6 and 9; Taz 87:5; In contrast to simple understanding of Rama 87:4

The reason: As we apply the prohibition of Maaras Ayin even by Rabbinical prohibition. [Shach ibid, unlike simple understanding of Rama ibid] Alternatively, we are stringent to apply Maras Ayin by chicken as at times when the chicken is cut it is difficult to tell the difference between poultry and regular meat, as well as people may come to think chicken and milk is permitted. [Taz 87:5]

Other Opinions: Some Poskim rule that chicken may be cooked with milk and there is no concern for Maaras Ayin. [Rama 87:4; See however Beir Heiytiv 87:7 who explains the Rama to be referring to cooking chicken with [almonds or] non-Kosher milk, or with woman’s milk and only if he is doing it not for the sake of eating.]

[194] 87:5

[195] Michaber 86:4; Shach 87:9; Taz 87:6; Kaf Hachaim 87:39; See coming footnotes.

[196] The egg of a Neveila bird which was killed or naturally died: Eggs found in a dead Neveila chicken are Rabbinically forbidden in consumption. [Michaber 86:3; Shach 86:8]

[197] Michaber 87:5

[198] Michaber ibid

[199] If the shell is soft: The Shach 87:10 rules that even if the egg was fully developed and detached from the sinews if the shell is soft, it is initially forbidden to eat the egg with milk. However, Bedieved if it was already cooked with milk it is permitted to eat the mixture in a case of great loss. Although if it was attached to its sinews [and has a soft shell even if fully developed] then even Bedieved it is forbidden. [Shach ibid] Other Poskim, however, argue and rule that in all cases that the egg contains a white and yoke, it is permitted to eat with dairy even if it has a soft shell and is attached to its sinews. [Peri Chadash 87:9]

Small eggs: Small eggs that only have the yolk developed, even if they are not attached to the sinews, are considered like actual meat, although according to the lenient opinion of Rashi, even if only the yolk has developed and the egg is attached one can be lenient Bedieved if it was cooked with milk and there is a great loss.

[200] Michaber ibid

Why is the egg not considered meaty due to Eiver Min Hachaiy? If an egg was knocked out from a live bird then if it is attached to its sinews it is always forbidden due to Eiver Min Hachaiy, no matter what its stage of development. [Michaber 86:4; Shach 87:9; Taz 87:6] This does not contradict the ruling here that the egg is not considered meat as Eiver Min Hachaiy applies even by non-meaty parts of the animal. This can be seen from the allowance of milk, that if not for the Torah’s explicit allowance it too would be forbidden due to Eiver Min Hachaiy. Hence although an egg that is attached to its sinews is forbidden due to Eiver Min Hachaiy when it is knocked out of a live chicken, nevertheless this does not mean it is considered meat, and in truth the egg is considered Pareve if it was fully developed. [Shach 87:9] Alternatively it can be explained that only regarding Eiver Min Hachaiy which is Biblical do we view the egg as meat, however regarding the prohibition of meat and milk which is only Rabbinical with chicken, we are not stringent regarding a chicken egg to consider it meat. Or perhaps since each food is permitted on its own we do not consider their mixture to make a new entity of Issur of Basar Bechalav. Nevertheless, the above explanations are unnecessary, as in truth, the egg is not considered meat at all. [Shach ibid]

Opinion of Rashal: The Rashal [brought in Taz 87:6] however rules that all eggs which are attached to their sinews are considered meat for all matters. His reasoning is because we see from the law of Eiver Min Hachaiy, that when an egg gets pushed out from a chicken when it was still attached to its sinews that it is Treif. One must say, says the Rashal, that the reason for this is because the egg is considered meat so long as it is still attached. Hence, so too here the egg is considered meat even when fully developed if it is still attached to the sinews.

[201] It is salted by itself, without meat. [Rama 75:1; Kaf Hachaim 87:40]

[202] Rama 75:1; Taz 87:6; Shach 87:10; Toras Chatas Klal 70:1 in name of Mahariy; Darkei Moshe 87:3; Rashal Kol Habasar 2; Bach 87; Beis Hillel 87:4; Lechem Hapanim 87:10; Beis Lechem Yehuda 87:7; Chochmas Adam 40:5; Beis Yitzchak 87:5; Kaf Hachaim 87:37

Background of the custom of women to forbid all eggs: The Mahariy [brought in Rashal and Shach 87:10] rules that the women are accustomed to being stringent to avoid eating eggs found in slaughtered chickens even if the shell is hard [and it is detached from the sinews]. The Rashal concludes that Bedieved one is not to be stringent if the shell has completed, even if it is soft. [Taz 87:6] The Shach [87:10] likewise brings this custom of women and concludes it is a mere stringency and in an area where this custom was not accepted they do not need to follow it [even if the egg is attached to the sinews] as when the outer shell is hard, it is permitted even initially to eat it with milk.

[203] Rama ibid; Taz ibid; Shach ibid; Toras Chatas ibid; Beis Hillel ibid; Chochmas Adam ibid; Beis Yitzchak ibid; Kaf Hachaim 87:38

[204] Shach ibid; Lechem Hapanim ibid; Kaf Hachaim 87:38

[205] Sheilas Yaavetz 1:102; Pischeiy Teshuvah 87:12

[206] Michaber ibid

[207] Michaber writes cook, Shach [87:11] writes he means “eat” as even chicken itself the Michaber rules may be cooked with milk. [However, just as cooking chicken with milk is forbidden due to Maaras Ayin, so too the same would apply to this form of egg.]

[208] Shach 87:10; Peri Chadash 87:9

[209] Rama 75:1

[210] Shach 87:12; Peri Chadash 87:10; Peri Tora 87:13; Lechem Hapanim 87:11; Beis Lechem Yehuda 87:9

[211] Michaber ibid

Other opinions: Some Poskim rule one is to be stringent and not eat dairy within six hours of eating such eggs, just as is followed regarding poultry. [Peri Chadash 87:10; Peri Tora 87:13; Lechem Hapanim 87:11; Beis Lechem Yehuda 87:9; Zivcheiy Tzedek 87:32; Kaf Hachaim 87:42]

[212] Shach 87:10; Beir Heiytiv 87:8

[213] Peri Chadash 87:9; Zivcheiy Tzedek 87:31; Kaf Hachaim 87:41

^[214] See Pischeiy Teshuvah 87:9; Darkei Teshuvah 87:43; Kaf Hachaim 87:24; Orach Chaim 173:3; Shaareiy Yoreh Deah Miluim 4 who bring the many opinions of Poskim on this matter; Hakashrus page 427-428;

[215] Michaber 87:3; Rav Ashi in Chulin 104

^[216] Beis Yosef 87 [based on current wording]; Levush in Ateres Zahav 87:7 [Brought in Shach 87:5; Taz 87:3]; Rabbeinu Bechayeh Parshas Mishpatim; Kneses Hagedola 87:19 in name of Sheiris Yehuda; Chinuch Beis Yehuda 61; Peri Megadim M”Z 87:3 in name of Poskim [brought in Pischeiy Teshuvah ibid]; Pachad Yitzchak Mareches Habeis [with actual milk is danger of death]; Mor Uketzia 173; Adnei Paz 42; Otzar Chaim [brought in Darkei Teshuvah]; Rav Poalim 2:10; Kaf Hachaim 87:24; 173:3; Yechaveh Daas 6:48; Other Poskim that the Darkei Teshuvah ibid refers the reader to: Mateh Yosef 2:7; Besi David  33; Ikaarei Daat Yoreh Deah 14:5; Yad David 87:10.

Background: The Beis Yosef ibid writes that one may not eat fish with milk due to danger [unlike his ruling in 87:3]. The Levush in Ateres Zahav ibid records the ruling of the Beis Yosef as the final Halacha. This prohibition due to danger is also found in the Rabbeinu Bechayeh who was a Rishon. So rules also Chinuch Beis Yehuda 61 [brought in Pischeiy Teshuvah ibid] and many of the Poskim brought above. The Peri Megadim ibid brings in the name of the Kenesses Hagdola and Beis Lechem Yehuda to be careful not to eat them together since a “danger is more stringent than a prohibition.” The Kaf Hachaim ibid concludes that one is to be stringent unless it has already become a public leniency in one’s area.

The opinion of the doctors: Some Poskim write that they have spoken to many doctors and there is no danger involved. The Otzar Hachaim ibid, who was an expert doctor, writes that it can bring many illnesses. The Chinuch Beis Yehuda ibid writes that he investigated the matter by doctors and they stated that there is danger involved.

[217] Adnei Paz ibid; Kneses Hagedola ibid; Rav Poalim 2:10; Kaf Hachaim ibid explicitly mention cheese; This is also the simple understanding of all Poskim above that the word milk includes all milk products. The Aruch Hashulchan 87:15 writes the opposite that there is only danger if one eats cheese with fish and not milk with fish.

Other Opinions: The Pachad Yitzchak ibid, who was also a Doctor, writes that there is grave danger only with actual milk and not with cheese or butter, however he himself was stringent like the Beis Yosef to avoid even cheese.

[218] The reason it gives danger: The Rabbeinu Bechayeh ibid writes that it can cause leprosy. The Pachad Yitzchak ibid writes that fish with milk can cause instant death. The Otzar Hachaim ibid, who was an expert doctor, writes that it can bring many illnesses. The Chinuch Beis Yehuda ibid writes that it is dangerous because fish cools the body and causes the milk to be a danger.

[219] Rav Poalim 2:10; Yechaveh Daas 6:48; Hakashrus ibid [The two Sephardic Poskim who stand out to permit it are the Peri Chadash and Chida brought in next footnote.]

^[220]  Michaber 87:3; Darkei Moshe 87:4; Perisha 87:8; Magen Avraham 173:1; Shach 87:5; Taz 87:3; Peri Chadash 87:8; Machazik Bracha 87:4; Pischeiy Teshuvah 87:9; Chasam Sofer 101; Yad Yehuda 87:6; Yad Efraim 87; Aruch Hashulchan 87:15 [regarding fish and milk]

Background:

The Darkei Moshe, Shach, Taz, and Aruch Hashulchan ibid state that there is a misprint in the Beis Yosef on the Tur and in truth he meant to write fish with meat and not milk. Thus, all those who rule based on the Beis Yosef that it is forbidden were based on a misprint. The Chasam Sofer 101 states the Rambam who himself was a doctor can be trusted that it contains no danger. A number of Poskim bring both opinions and conclude that no one is careful in this anymore and therefore it is allowed even initially. [So concludes Pischeiy Teshuvah ibid; Yad Yehuda ibid; Aruch Hashulchan ibid]

[221] Darkei Moshe ibid; Shach ibid; Aruch Hashulchan ibid; [The two Ashkenazi Poskim who stand out to forbid it are the Levush and P”M ibid brought in previous footnotes.]

^[222] Tzemach Tzedek brought in Shaareiy Halacha Uminhag 5 page 177 [omitted from Shulchan Menachem]; Peri Megadim 173 A”A 1; Y.D. 87 M”Z 3 in name of Kneses Hagedola; Elya Raba 173:16; Beis Lechem Yehuda 87:3; Chinuch Beis Yehuda ibid; Adnei Paz ibid; Beis David 33 Pischeiy Teshuvah ibid;; Zivcheiy Tzedek 87:18; Kaf Hachaim 87:24; Hakashrus ibid

[223] Rav Poalim 2:10

^[224] Shaareiy Halacha Uminhag 5 page 177 [omitted from Shulchan Menachem]

The custom of the Chabad Rebbeim: Rav Yaakov Landau testified that the Rebbeim were stringent not to eat fish with cheese or milk. Some however claim that the Rebbe himself would eat fish and cottage cheese on the same plate. [Hiskashrus 464] Rav Leibel Groner replied to me that he never saw the Rebbe eat fish and cheese on the same plate.

[225] The Tzemach Tzedek stated that although the source for such avoidance is said to be a misprint nevertheless the custom is to be stringent. [ibid] See Q&A!

[226] Shaareiy Yoreh Deah ibid; footnote of editors in Shaareiy Halacha Uminhag ibid

[227] Shaareiy Yoreh Deah ibid; footnote of editors in Shaareiy Halacha Uminhag ibid

[228] Pischeiy Teshuvah ibid based on P”M 87 M”Z 3

[229] Adnei Paz 44 brought in Pischeiy Teshuvah ibid

[230] Kneses Hagedola 87:19; Kaf Hachaim 173:3

[231] 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]

[232] Kaf Hachaim 87:34

[233] Rav Chaim Vital in Shaar Hamitzvos Parshas Mishpatim in name of Arizal; Radbaz 606; Machazik Bracha 87:9

[234] Kaf Hachaim ibid

[235] Michaber 87:3.

[236] Rama 87:4; Shach 87:7 in his first and main 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!

[237] See Michaber 81:1

[238] 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]

[239] 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]

[240] Michaber 87:3 regarding Chayah meat and the same applies to Chayah milk

[241] Shach 87:7 in his first and main 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!

[242] Rama 87:3

[243] Rama 87:3

Other opinion/customs: 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; Kaf Hachaim 87:27]

[244] 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.

[245] Shach 87:6; Rashba 3:257; Erech Hashulchan 87:14; Kaf Hachaim 87:29

[246] Rama 87:3 “Poultry however is permitted to cook in almond milk even without the almonds being that it itself is only a Rabbinical.”; Taz 87:4 regarding letter of law; Peri Chadash 87:7 and Kraisi U’plaisi 87 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 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]

[247] 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] 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.

[248] 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]

[249] 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 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

[250] 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]

[251] 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

[252] Nachalas Tzevi 87:3; Pischeiy Teshuvah 87:10; Zivcheiy tzedek 87:23; Kaf Hachaim 87:28

[253] Michaber 87:4

[254] 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]

[255] Shach 81/17 As here there is no Baal Teshaktzu

[256] Michaber 81:7

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 81]

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 ibid]

[257] Kaf Hachaim 87:29

[258] Michaber 87:4; Rashba

[259] 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]. However according to Shach [87:7] in his second explanation that there is never a prohibition of Maaras Ayin by merely cooking and rather only when eating the mixture, Maaras Ayin would not apply to merely cooking the meat in woman’s milk. Nevertheless, he concludes with his first explanation, that even by cooking it is forbidden due to Maaras Ayin, and that even the Michaber and other Poskim that wrote it is permitted to cook, agree with this ruling as they were referring to the letter of the law and not to Maaras Ayin.

[260] 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

[261] 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.

[262] Shach 87:6; Rashba 3:257; Erech Hashulchan 87:14; Kaf Hachaim 87:29

[263] The reason: As the prohibition of Maras Ayin applies even by Rabbinical prohibitions. [Shach ibid]

[264] 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.

[265] 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.

[266] 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]

[267] 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

[268] 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.

[269] Michaber ibid; Rashba in Teshuvah

[270] Chidushei Rav Akiva Eiger 87:3; Kaf Hachaim 87:31

[271] Peri Toar 87:10

[272] Erech Hashulchan 87:15; Kaf Hachaim 87:30

[273] Chidushei Rav Akiva Eiger 87:3; Kaf Hachaim 87:31

[274] Michaber 87:6 “One is exempt, and one does not receive lashes due to Basar Bechalav”; Braisa Chulin 114

[275] Shach 87:16 in implication of Maggid Mishneh Machalos Assuros 9

[276] 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.

[277] 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]

[278] 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

[279] See Shach 87:16; Rama 87:6 regarding Chalav Meisa

[280] 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]

[281] 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

[282] Shach ibid

[283] 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.

[284] Shach ibid; Issur Viheter

[285] 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]

[286] 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]

[287] Shach 87:16 “Milk of a slaughtered animal we hold is Rabbinical”; Michaber 90:1

[288] 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]

[289] 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

[290] Rama ibid; Implication of Aruch 31

[291] 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]

[292] 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]

[293] See Shach 87:16

[294] 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]

[295] 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

[296] Rama ibid; Implication of Aruch 31

[297] 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]

[298] 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

[299] Peri Chadash 81:14; 87, brought in P”M 87 S.D. 23; Ohel Yosef Y.D. 24 that so rules Michaber

[300] 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

[301] 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

[302] 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

[303] Michaber 87:9; See also Michaber 81:6

[304] 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. [2^nd 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]

[305] 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.

[306] 1^st and Stam opinion in Michaber 87:9 and 81:6; Rif; Rambam

[307] 2^nd opinion in Michaber 87:9 and 81:6; Tosfos; Rosh; Rabbeinu Tam; Rashba; Ran

[308] 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]

[309] 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.

[310] 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.

[311] Meaning, according to both Michaber and Rama;

[312] 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]

[313] 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]

[314] Whether or not the meat/milk itself is kosher, such as it came from a Neveila or Treifa.

[315] As opposed to wild

[316] Rama permits to cook

[317] Cheishev Haeifod 1:20; Mishneh Halachos 5:97

[318] The reason: As today, all people know that such products are available in Pareve and when something has become a common practice known to all, there is no longer a worry of Maaras Ayin. [See Kneses Hagedola 87:8; Machazik Bracha 87:6; Kaf Hachaim 87:27]

[319] The reason: As today, all people know that such products are available in Pareve and when something has become a common practice known to all, there is no longer a worry of Maaras Ayin. [See Kneses Hagedola 87:8; Machazik Bracha 87:6; Kaf Hachaim 87:27]

[320] Eating Pareve milk with meat is not so common and is thus judged like almond milk.

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