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

A. The general rule-Derech Bishul versus not Derech Bishul:[1]

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.[2] 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.[3] 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.[4]] 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?[5] Some Poskim[6] 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[7], 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[8] 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[9] rule that it is initially forbidden to cook a food even in a Rabbinical form of cooking.[10] Practically, this matter is a mere stringency and one who is lenient does not lose out.[11]

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:[12] 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:[13] Pouring milk from a Keli Rishon onto meat cooks the external layer of the food[14] 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.[15] Accordingly, Cheilev that was cooked in a Ben Yomo dairy pot for the sake of using as wax, is forbidden to be used.[16]

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[17] rule that roasting meat and milk together is considered Derech Bishul and is hence under Biblical prohibition. Other Poskim[18], however, rule it is not considered Derech Bishul, and is hence only under Rabbinical prohibition.
2. Frying: Some Poskim[19] rule that frying meat and milk together is considered Derech Bishul and is hence under Biblical prohibition. Other Poskim[20], 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.[21]]
3. Smoking: One does not receive lashes for smoking [meat and milk together].[22] [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.[23]] Nevertheless, it is [Rabbinically[24]] forbidden to do so.[25] [This prohibition applies even with Rabbinical meat, such a meat of a wild animal or poultry.[26] Nonetheless, Bedieved the mixture remains permitted in benefit.[27] Some Poskim[28], 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.[29] Nevertheless, it is [Rabbinically[30]] forbidden to do so [even with wild animal meat or poultry[31]].[32] [Accordingly, Bedieved the mixture remains permitted in benefit.[33] However, some Poskim[34] 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[35] 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]:[36]

• 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.[37]
• Kavush-Soaked for 24 hours:[38] 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.[39]
• 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.[40]
• Keli Sheiyni:[41] 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;

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

[2] 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]

[3] Kaf Hachaim 87:11

[4] 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.

[5] Kaf Hachaim 87:8

[6] Peri Chadash 87:3

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

[8] 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!

[9] 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

[10] 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] 

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

[12] 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]

[13] 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]

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

[15] 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

[16] 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]

[17] 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

[18] 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

[19] 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

[20] 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

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

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

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

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

[25] 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

[26] 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]

[27] 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.

[28] 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

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

[30] 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]

[31] 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]

[32] 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

[33] 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]

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

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

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

[37] Michaber 91:8

[38] Rama 105:1

[39] Michaber 91:8

[40] Michaber 91:8

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