2. The Biblical Prohibitions-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]

1. Cooking them together in the usual manner is Biblically forbidden.[4] This prohibition is listed as one of the 365 negative commands.[5]
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.[6]
3. 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]

 

A. 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]

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.[42] 

Not Derech Achila:[43] 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:[44] 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.[45] 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.[46] 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[47]].[48] This applies even towards irregular benefit, as explained in B regarding eating, and one who does so is liable for lashes.[49] [It is disputed amongst the Poskim[50] 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.[51]] 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?[52] 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?[53] 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?[54] Vessels that have become forbidden due to Basar Bechalav may be sold.[55]

May one use a Treif Basar Bechalav vessel to store items or foods:[56] One may use a non-Kosher Basar Bechalav vessel to store fruits or cold foods.[57] Furthermore, one may even use the pot for wet Kosher foods.[58] 

May one use a Treif Basar Bechalav vessel for heating up water for a bath:[59] One may use a Treif Basar Bechalav vessel to heat up water for bathing.[60]

If one cooked food in a non-Ben Yomo Basar Bechalav utensil may he benefit from that food:[61] Some Poskim[62] 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[63] 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.[64] Alternatively, it is to be thrown into the sea.[65] It does not suffice to simply burn it.[66] It likewise does not suffice to throw it into the street or garbage.[67] Practically today, it is customary to flush the food down the toilet.[68] Some, however, are accustomed to burying it.[69]   May one benefit from a pot of food that had a piece of meat/cheese forbidden due to Basar Bechalav mix inside of it?[70] 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?[71] No.   What is the law if one cooked a food using the ash/charcoal of Biblical Basar Bechalav?[72] The food is forbidden to be eaten.     Q&A on Animals May one feed Basar Bechalav to an animal?[73] It is forbidden to feed Biblical Basar Bechalav to any animal, even if the animal is wild and disowned.[74]   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.[75] [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[76], such as poultry and milk cooked together, or non-Kosher animal meat [i.e. horse/pig] and milk cooked together.[77] 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].[78] 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[79], and the prohibition against benefiting from it. Practically, it is debated amongst the Poskim as to the status of stocks. Some Poskim[80] 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[81], 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?[82] 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[83], and the prohibition against benefiting from meat and milk. Practically, the Poskim[84] 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:[85] 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.[86] 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.[87] 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.[88]   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[89], and the prohibition against benefiting from meat and milk. Practically, the Poskim[90] 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.[91] 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[92] it is forbidden to work for them.   May one work as a chef in a non-kosher meat restaurant [i.e. McDonalds]?[93] 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?[94] No. One may not provide a gentile employee [or any gentile] with Basar Bechalav foods unless it is done in the ways explained next.[95]   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[96], 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.[97] 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.[98] 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.[99] Furthermore, even if the non-Kosher food does not contain Basar Bechalav, it is debated amongst the Poskim[100] 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].[101]   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.[102] If, however, the credit card payment is made only after the meal is eaten, then it is certainly permitted to do so.[103]

_________________________________________________________________________________________________________________________

[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

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

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

[44] Michaber Y.D. 155:3

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

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

[47] Chochmas Adam 40:2

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

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

[50] 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.

[51] 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.

[52] Taz 94:4

[53] Admur 443:9-12 regarding Chametz

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

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

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

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

[58] 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]

[59] 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]

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

[61] Taz 94:4

[62] Rashal brought in Taz 94:4

[63] Shaareiy Dorah and Toras Chatas

[64] 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; Beis Hillel Y.D. 294:1

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]

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

[66] 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

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

[68] 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.

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

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

[71] 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.]

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

[73] 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]

^[74] The reason: As one receives mental/emotional satisfaction by satiating the animals hunger. [Mishneh Berurah 448:28 regarding Chametz]

[75] 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]

[76] 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]

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

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

[79] See Michaber 117:1

[80] 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

[81] 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.

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

[83] See Michaber 117:1

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

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

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

[87] 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]

[88] 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

[89] See Michaber 117:1

[90] 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.]

[91] 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.

[92] 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.

[93] See Hakashrus 10:6

[94] 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

[95] 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]

[96] See Michaber 117:1

[97] 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]

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

[99] 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.

[100] 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

[101] See Admur 450:20

[102] 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]

[103] Admur 450:21