6. The species of Meat:
7. Kosher domestic animals:[1]

The meat of a Kosher species of domestic animals [i.e. goat, ox, cow and sheep] contains a Biblical Basar Bechalav prohibition.[2] 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[3] rule nevertheless retains its meat status, and hence may not be used to store milk [if turned into a canteen]. Most Poskim[4], however, rule that it is no longer considered food.

1. Non-Kosher meat:

Non-Kosher species of animals:[6] 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.[7]

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.[8] However, the Poskim[9] 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[10] rule that there is likewise no prohibition to benefit from this mixture.[11] Other Poskim[12], however, rule that it is Biblically forbidden in benefit, and so is the final ruling.[13] [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.[14] Another ramification is regarding if one may feed Biblical Basar Bechalav pet food to one’s animal, as explained in the Q&A!]

Cheilev:[15] 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.

1. Kosher wild animals [Chayah]:[19]

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.[20] However, practically, it is forbidden to cook it with milk due to Maras Ayin.[21] It does however remain permitted in benefit, as explained in Halacha 2.

What is a Chayah? The following is a list of Kosher Chayos:[22] Gazelle [Ayal]; deer [Tzvi]; Yachmor; ibex [Ako]; antelope [Dishon]; giraffe [Zamer].[23]

1. Fetus:[24]

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.

1. Bones/horns/hooves/skin/placenta:[25]

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

1) placenta [i.e. Shilya]; 2) skin[26] 3) sinews; 4) bones [whether soft or hard[27]] 5) horns; 6) hooves. Likewise, one who eats them with milk is exempt from Biblical liability.[28] Nevertheless, it is [Rabbinically[29]] forbidden to cook or eat these items with milk.[30] [Thus, if any of these items fall into milk, including the hard bones of the animal, they require 60x against them.[31] It is forbidden to eat the above items even with Rabbinical milk, such as Meiy Chalav or milk of a slaughtered animal.[32]]

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:[33] 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!

1. Blood:[34]

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.[35] Furthermore, it is forbidden to cook the blood together with milk even if one does not plan to eat it.[36]]

1. Fat:[37]

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.

1. Poultry:[38]

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.[39] However, practically, it is forbidden to cook poultry with milk due to Maras Ayin.[40] It does however remain permitted in benefit, as explained in Halacha 2.

1. Eggs found in a chicken after slaughtering:[41]

While a chicken is alive, it is only permitted to eat eggs that are naturally laid 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 laid, it is forbidden to eat the egg due to Eiver Min Hachaiy.[42] However, if the egg is found in a slaughtered[43] chicken, then even if the egg is still attached to the sinews of the chicken, the egg remains Kosher.[44] Nonetheless, the Talmud and Poskim state that 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:[45] 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.[46] This applies even if the egg is still attached to the sinews.[47] Nonetheless, the custom of the women is to salt such eggs[48] even if it contains a thick shell [and is detached from the sinews], and not to eat it with milk.[49] The above custom is only Lechatchila, however, Bedieved if the egg became mixed with dairy, everything remains Kosher.[50] [Furthermore, communities which do not have the above custom are not to suspect for it at all.[51] 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 laid, even if they have a soft shell and were prematurely laid.[52]]

Contains only yolk:[53] 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[54] it with milk [even if it is not attached to the sinews[55], and certainly if it is still attached]. Such eggs must be salted for blood prior to being eaten, and may even initially be salted together with meat.[56] However, even in such a case [i.e. only has a yolk and was attached to the sinews[57]], it is permitted to eat milk products after eating the egg.[58] [If these eggs were cooked with milk, some Poskim[59] 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[60], however, rule the mixture is forbidden unless it has 60x the egg.]

1. Fish with dairy:[61]

There is no Basar Bechalav prohibition involved in cooking and/or eating fish with milk, even Rabbinically.[62] 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[63] rule it is forbidden to eat fish with milk [or cheese[64]] due to danger[65], just like it is forbidden to eat fish with meat. Practically, this is the custom of Sephardic Jewry.[66] Other Poskim[67], 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.[68]

Butter with fish: It is permitted to eat fish with butter even according to the stringent opinion and custom of the Sephardim.[69] However, there are Poskim[70] who are stringent to prohibit eating fish even with butter.

Chabad Custom:[71] 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.[72] Some[73] 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.

[1] Michaber 87:2-3; Mishneh Chulin 113a

[2] 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]

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

[4] 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

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

[6] Michaber 87:3; Mishneh Chulin 113a [See Q&A regarding the Issur Basar Bechalav by non-Kosher animals]

[7] Rama 87:4; Shach 87:7 in his first [and later negated] 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.]

[8] 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

[9] 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]

[10] 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

[11] 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.

[12] 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

[13] 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!

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

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

[16] 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.

[17] 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.

[18] 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.

[19] 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.

[20] Michaber 87:3

[21] Shach 87:7 in his first [and later negated] explanation; Taz 87:5 in accordance to his rule that Maaras Ayin applies by two Kosher foods; Rama does not mention the law by a Chayah but seemingly since it is Rabbinical there would be no concern for Maaras Ayin [see note below].

Other Opinions: 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]

[22] Parshas Re’eh 14:4

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

[24] Michaber 87:7; Chulin 114a

[25] Michaber 87:7; Chulin 114a

[26] 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]

[27] 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]

[28] Michaber ibid

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

[30] 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

[31] 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]

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

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

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

[35] 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]

[36] 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]

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

[38] 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.

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

[40] 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.]

[41] See Michaber 87:5; Tur 87:5; Beitza 6b-7a

Background: The Gemara in Beitza ibid states that a developed egg which is found in a chicken may be eaten together with dairy. This implies that an undeveloped egg is considered like meat and may not be eaten together with dairy. The Rishonim and Poskim debate as to the definition of an undeveloped egg, with some holding that even if only the yellow part has been developed the egg is considered pareve, and others holding that so long as the white has not yet developed then it is considered meaty, and others holding that so long as it is still attached to the sinews it is considered like meat. Below we will clarify the final ruling in the different opinions in the Poskim as well as the Jewish custom.

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

[43] 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]

[44] Michaber 87:5

[45] Michaber ibid; Tur 87:5 in name of Rashba; Rashba in Toras Habayis Bayis Gimel Shaar Daled 84b; Rabbeinu Yerucham Nesiv 15:22; Ran Beitza 3b

[46] 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.

[47] Michaber ibid; All Poskim and Rishonim 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.

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

[49] 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.

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

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

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

[53] Michaber ibid; Tur 87; Rashba in Toras Habayis Bayis Gimel Shaar Daled 84b; Rabbeinu Yerucham Nesiv 15:22; Ran Beitza 3b

Other opinions: Some Poskim rule that even if the egg has only developed the yolk and not the white, and is found attached to the sinews, it is considered Pareve and may be eaten with dairy. [Tur 87 in name of Rashi; Rashi Beitza 6b; Tosafus Beitza 7a; Rosh 1:8; Rabbeinu Yerucham Nesiv 15:28; Brought in Shach 87:12]

[54] 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.]

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

[56] Rama 75:1

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

[58] Michaber ibid; Orchos Chaim Issuei Machalos 72 in name of Rav Yonason of Lunil

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]

[59] Shach 87:10; Beir Heiytiv 87:8; Based on ruling of: Tur 87 in name of Rashi; Rashi Beitza 6b; Tosafus Beitza 7a; Rosh 1:8; Rabbeinu Yerucham Nesiv 15:28; Brought in Shach 87:12

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

^[61] 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;

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

^[63] 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.

[64] 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.

[65] 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.

[66] 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.]

^[67]  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]

[68] 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.]

^[69] 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

[70] Rav Poalim 2:10

^[71] 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.

[72] 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!

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

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

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

[76] Adnei Paz 44 brought in Pischeiy Teshuvah ibid

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