Is There a Reason for the Prohibition of Basar B'chalav?

SMICHA SUMMARIES YORE DE'AH 87-89 THE HALACHOS OF BASAR B'CHALAV LESSON #1-5 למען ילמדו For personal use only Written by: © Rabbi Yisroel Mehl All rights reserved. including Translated by: the rights to reproduce this Rabbi Eliyahu Baron book or portions thereof, Reviewed by: in and form, without Rabbi Zushe Wilhelm permission, in writing, Email: [email protected] from Lemaan Yilmedu, LLC. Tel: 347-201-1565 5780 | 2020 Website: lemaanyilmedu.com ב"ה Introduction "תנא דבי אליהו: כל השונה הלכות בכל יום - מובטח לו שהוא בן העולם הבא, שנאמר הליכות עולם לו, אל תקרי הליכות אלא הלכות" )נדה, עג ע"א(. With thanks to the almighty, we are pleased to present the participants of the Machon Limmud Halacha — Lema’an Yilmedu program with Smicha Summaries #1, on Shulchan Aruch, Yore De’ah, Simanim 87 to 89. The purpose of these summaries is to clarify the reasoning and process of our halachos, and to aid with review. For the purpose of review, questions to be filled out are included. Instalment #1 includes summaries for the first five lessons, (ten classes,) and covers all the Simanim which will be part of the first test. In addition to this booklet, please also find the first instalment of the relevant Shulchan Aruch attached, and access the multimedia slides shown during classes through your personal account on our website. This booklet is intended for your personal use. Many resources were invested in its creation. Please do not pass it on to anyone in any form, if they are not a participant of this Lema’an Yilmedu program. Thank you, and please enjoy! Rabbi Zushe Wilhelm Program Head LESSON #1 What was the original prohibition against “Meat and Milk”? SIMAN 87 • SE’IFIM 1-4 Introduction n Siman Pei Zayin, the Shulchan Aruch describes Ithe prohibition against mixing meat and milk together: In which way did the Torah originally prohibit mixing meat and milk? Which types of meat and milk are included in this prohibition? What did our sages add as a “fence” for the Torah — to ascertain we would not transgress its laws? In this session, we will explore the specifications of Basar B’chalav min hatorah — from the original viewpoint of the Torah, and from the viewpoint of the chachomim’s (our sages’) decrees. Additionally, we will discuss what the chachomim prohibited because of mar’is ha’ayin, (literally: “the sight of the eye”) — the worry that a viewer may think one is transgressing the laws of “meat and milk.” 10 Siman 87 • Se’ifim 1- The prohibition of Basar B'chalav min hatorah1. Three times, the Torah states the following words: “You shall not cook a goat in the milk of its mother.” Our sages derived from this repetition that the Torah wishes to prohibit three separate ways of mixing meat and milk: ■ The cooking of meat and milk together, (even without intending to eat it, or actually eating it.) ■ Eating meat that was cooked with milk. ■ Gaining hana’a — pleasure from meat cooked with milk, in manners other than eating; (such as selling it to a non-Jew, or feeding it to a dog.) Why did the Torah allude to these three transgressions through the same words of “You shall not cook,” which doesn’t describe each specific manner of transgression? This was to teach us that one only transgresses the second two transgressions if they are done “B’derech bishul — in the manner of cooking.” Meaning, that min hatorah, if someone eats or sells meat and milk together, but they haven’t been cooked together, they do not transgress these prohibitions. Another, unrelated caveat in the min hatorah laws, is that the Torah only prohibits eating the meat of cattle, such as a goat, with milk, (and not the meat of wild animals or birds.) Is there a reason for the prohibition of Basar B'chalav? The prohibition of Basar B’chalav is one of thechukim — laws that we do not understand. However, nevertheless, the poskim did offer various explanations for this prohibition: The Rambam writes that the Torah forbade it because this was how idol worshipers would eat. Some explain that it is cruel to cook an animal in milk which would have sustained it. There are also those who say that this prohibition is associated with health concerns. The Rebbe, in Likutei Sichos vol. 29, explains that it is similar to the prohibition against kil’ayim — not to mix different species of plants together. Similar tokila’ayim , we should not mix two different types of foods — meat and milk — together. 1 The original prohibition is referred to as: “Min hatorah,” which means: “From the viewpoint of [the original prohibition of] the Torah”; before our sages added additional stringencies to prevent us from transgressing the Torah’s prohibition. Basar B'chalav 11 The prohibitions our sages added: The chachomim added a prohibition against eating a blend of meat and milk, even if they were not cooked together; (rather: they were pickled, salted, or connected with the other in any other manner.) They also prohibited eating the meat of wild animals and birds with milk. Differences in application of min hatorah and chachomim laws 1. If there is doubt as to whether min hatorah laws of Basar B’chalav pertain to a certain dish, we err on the side of caution and we do not use the food. However, if there is a doubt as to whether a chachomim law applies, we err on the side of leniency, and we may eat the food. 2. When a food is forbidden because of Basar B'chalav min hatorah, not only may we not eat it, we may also not cook it or gain any pleasure from it. However, when the food is forbidden by the chachomim’s decree, the only prohibition they instituted is with regard to eating it2; and it is completely permissible to cook or gain pleasure from bird meat cooked with milk, for example. (However, there are those who say that even though this was not part of the chachomim’s original decree, it is still forbidden because of mar’is ayin.) What is considered “the way of cooking?” “Derech bishul — the way of cooking” which is when the Torah’s prohibitions come into play, means placing the food and its juice (or added water) into a pot and onto a flame. (Or, placing the food and juice (or water) into a pot that was recently on the fire and “Hayad soledes bo — the hand recoils from it,” when it touches the pot, because the pot is still very hot.) The reason why this, specifically, is considered “the way of cooking,” as opposed to salting or pickling foods together, is because specifically through cooking, the tastes of the foods become thoroughly and completely blended together. This is why salting and pickling meat and milk together is only prohibited by the chachomim. Roasting: According to the Pri Chodosh and most poskim, meat that was mixed with milk without any liquids — for example: meat that was roasted with cheese — is forbidden 2 For it is easier to mistake between different types of foods that we eat, than it is to mistake between different types of food we cook. 12 Siman 87 • Se’ifim 1- min hatorah, just as with cooking. The reason for this, is because the Torah refers to roasting as “cooking,” with regard to the Korban Pesach3. Frying: According to the Pri Chodosh, meat that was fried with dairy; with butter, for example — is forbidden min hatorah, just as with cooking. However, the Minchas Yaakov holds that frying is too different from cooking, and it is only forbiddenmiderabonon (by the law of the chachomim.) The Halacha is: It is the Alter Rebbe’s opinion that frying has the same halacha as cooking, and the strigencies of min hatorah laws completely apply to it. Which types of meat are forbidden with milk min hatorah? The Shulchan Aruch writes in Se’if Beis that even though the Torah says not to cook a young goat in the milk of its mother, this halacha does not only apply to a young goat, rather, it also applies to any kosher animal, (like a cow, sheep or older goat.) Also, even though the Torah writes, “In the milk of its mother” — this law does not only apply to the animal being cooked in its mother’s milk — rather, the same halacha applies with regard to the meat being cooked in any kosher milk. The only reason the Torah spoke of “The milk of it’s mother,” is because thepassuk speaks of what is common; (i.e. it was common in those days to cook a young goat in its mother’s milk, because there was plenty of it.) Is it forbidden to cook or gain pleasure from non-kosher meat with milk? In Se’if Gimmel, the Shulchan aruch writes that the prohibition of Basar B’chalav does not apply to non-kosher meat in kosher milk, or with regard to kosher meat with non- kosher milk. Therefore, one is permitted to cook and gain pleasure from such a mixture. In other words: The Torah did not prohibit a mixture of meat and milk when either of them is not kosher. Additional Details: the milk of a kosher animal. However, the meat of a kosher animal with the milk The Tur Writes: “[The laws of Basar of a non1kosher animal, or the meat of a B’chalav] do not apply [to all cases; they] non1kosher animal, or the meat of a wild only [apply to] a kosher animal; for animal or bird, even if in kosher milk, is example: the meat of a kosher animal with not [forbidden min hatorah; rather,] only 3 The Torah refers to roasting the Korban Pesach and says: “And you shall cook.” Basar B'chalav 13 miderabonon; and it is permitted to cook The Bach defends the Tur, and explains and gain pleasure [from such a mixture.]” that even though such a mixture is already prohibited, there would still be a nafka From the concluding words of the Tur: mina from this additional prohibition “It is not [forbidden min hatorah; rather,] miderobonon.

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