Parsha Halacha
Do not cook a kid in its mother’s milk
The prohibitions applicable to Biblically forbidden mixtures of meat and milk:[1]
The Torah states three times that it is forbidden to cook meat with milk.[2] There are three Biblical prohibitions derived from each one of these commands.[3]
- Cooking them together in the usual manner is Biblically forbidden.[4] This prohibition is listed as one of the 365 negative commands.[5]
- 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.[6]
- Benefiting from them after they have been cooked in such a way is Biblically forbidden.[7] 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.[8]
Cooking:[9]
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.[10]] 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:[11] Some opinions[12] 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[13] 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.[14] [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.[15]]
Having a gentile cook meat with milk in her pots in one’s home:[16] Some Poskim[17] write it is forbidden for a Jew to allow a gentile to cook food[18] 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.[19]
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[20] 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.[21] [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.[22]] If, however, the pot is not Ben Yomo, then it is permitted to cook milk in it for the sake of a gentile.[23] Nevertheless, it is proper to be stringent even in such a case.[24] This especially applies if one is unsure if the pot was used for meat/milk within the past 24 hours.[25] 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.[26] Nonetheless, it is a stringency to avoid doing so.[27] 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.[28] 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.[29] [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]?[30] Working in a non-Kosher restaurant raises the question of the prohibition against doing business with non-Kosher foods[31], 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.[32] 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[33] 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[34] 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.[35] 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[36] 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.[37] 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?[38] 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.[39] Furthermore, possibly one may not even provide the gentile with money and direct him to buy himself meat and cheese and cook it together.[40] 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.[41]
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[1] Michaber 87:1; Tur 87:1; Rambam Sefer Hamitzvos Mitzvah 187; Machalos Assuros 9:1; Rebbe Yishmael in Chulin 115b
[2] 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.
[3] 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.
[4] Some [Kesef Mishnah Tumas Meis 1:2] explain the prohibition of cooking is a safeguard of the Torah against coming to eat the mixture.
[5] Mitzvah 92, negative 55, in Chinuch; Mitzvah 186 in Rambam Sefer Hamitzvos
[6] Mitzvah 113, negative 66, in Chinuch; Mitzvah 187 in Rambam Sefer Hamitzvos; Not listed in Rasag and Bahag as a separate command
[7] It is only forbidden to benefit from the mixture of milk and meat if they were cooked in the usual manner.
[8] 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.
[9] Rambam Machalos Assuros 9:1; See Admur 442:29
[10] 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.
[11] Rama 87:6
[12] Hagahos Mordechai on Avoda Zara
[13] 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]
[14] 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]
[15] Peri Megadim ibid; Machazik Bracha ibid; Zivcheiy Tzedek 87:44; Kaf Hachaim ibid
[16] Shach 87:18
[17] Haghos Mordechai Avoda Zara
[18] 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!
[19] 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!
[20] This refers to meat of a Kosher animal.
[21] Peri Megadim 87 S.D.18; Machazik Bracha 87:22; Zivcheiy Tzedek 87:44; Kaf Hachaim 87:14 and 59
[22] 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.
[23] 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]
[24] Pischeiy Teshuvah 87:8
[25] 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.
[26] 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.
[27] Rama ibid and Shach 87:18 in name of Mordechai;
[28] The reason: As since a Davar Charif is viewed as “Beiyn” it is like one is actually cooking the milk and meat together.
[29] 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.
[30] See Hakashrus 10:6
[31] See Michaber 117:1
[32] 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.]
[33] 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.
[34] 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 later negated] 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.
[35] 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.]
[36] 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.
[37] 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.
[38] See Admur 307:35
[39] 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]
[40] Admur 450:20 regarding Chametz
[41] Admur 450:20-21 regarding Chametz
