PIRCHEI SHOSHANIM. Shulchan Aruch Learning Project. Hilchos Basar B chalav

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1 PIRCHEI SHOSHANIM Shulchan Aruch Learning Project Hilchos Basar B chalav

2 THE PIRCHEI SHOSHANIM SHULCHAN ARUCH LEARNING PROJECT Hilchos Basar B chalav Shiur 1 Pirchei Shoshanim This shiur may not be reproduced in any form without permission of the copyright holder Rehov Beit Vegan 99, Yerushalayim Village Path, Lakewood NJ fax Pirchei ( )

3 HILCHOS BASAR B'CHALAV The Definition of Cooking Shiur 1 Simon 87:1-2 - The difference between D'oraissa and D'rabbanan How to classify a kid in its mother's milk 1 It is written three times in the Torah 1 Do not cook a kid in it s mother s milk. Once for the issur of cooking, once for the issur of eating, and once for the issur of hanah (benefit). Achila (eating) was meant but the word bishul was used in order to teach that 1) the issur [of basar b chalav] is mid oraisa only in the case of derech bishul (the normal method of cooking). Other methods of cooking are osser mid rabbanan. Rama 2) All mixtures of basar b chalav (1) that are not osser mid oraisa are muter b hanah. 2 Lav dafka (not specifically) a kid, but this din applies to an ox, a sheep and a goat. Furthermore it makes no difference if the milk is that of the mother or the milk of another (animal). The pasuk is referring to the most common case. 1 Shemos 23:19, 34:26 and D'varim 14:21. 1

4 HALACHA 87:1 The difference between Basar B chalav and Sha ar Issurim : Based on the introduction of the Pri Magadim to Basar B chalav there are three major differences between the issur of basar b chalav and sha ar issurim 2 1) Meat and milk that are mixed together through cooking by a normal method are osser b hanah mid oraisa. In the majority of cases sha ar issurim are muter b hanah except for chamutz on Pesach, orlah 3, and klai hakerem 4. 2) In the case of basar b chalav the laws of ch n n 5 and efshar l sochato 6 are mid oraisa and by sha ar issurim these laws are mid rabbanan. 3) Tam k ikar 7 is mid oraisa by basar b chalav according to all opinions and by sha ar issurim there are Poskim who hold that it is mid rabbanan. Furthermore, by basar b chalav there is malkos for eating a kezayis of basar or chalav or a kezayis of the mixture. By sha ar issurim there is no malkos given for eating food that is osser based on taste if the issur is not present. The Pischei Tshuva (1) adds that basar b chalav is osser even if it is eaten in an unusual way and without any hanah 8 and sha ar issurim are osser only if there is hanah while being eaten. 2 Such as treif meat; pig etc. 3 The fruit of a tree during the first three years of its growth. 4 The produce of different crops which were grown together. 5 Chaticha na aseh nevaila: Muter food has a din of being a piece of nevaila (i.e. treif) if it absorbs the taste of issur food. For example if a piece of meat absorbs the taste of pig then the meat has a din of being a nevaila and therefore is osser. If the meat absorbs milk it is even osser b hanah. 6 Efshar l sochato: The ability to separate the issur from the heter. By sha ar issurim it is possible to extract the issur from the heter to the point that the issur is no longer giving taste to the heter. At that point the heter is only osser md rabbanan. In the case of basar v chalav even if the milk is extracted from the meat both the milk and the meat are osser md oraisa. 7 Tam k ikar: the taste of issur has the din of the issur itself, and therefore the food becomes osser. 8 Pischai Tshuva 87:1 in the name of the Pri Magadim. 2

5 The Types of Cooking: 1) Food placed in a kli rishon is osser mid oraisa. A pot on the stove or removed from the stove has the din of a kli rishon. If the pot is on the stove and has not yet reached yad soledet bo 9 or has been removed from the stove and has cooled to less than yad soledet bo it is not called cooking md doraisa. Even if the pot is on the stove and has reached yad soledet bo if the food was removed from the pot immediately it is not osser mid oraisa 10 but it is still osser to eat mid rabbanan. 2) Irui (pouring) m kli rishon she lo nifsak hakiluach (that the stream from the kli has not been broken) is a sofek mid oraisa whether it cooks k dai klipa or not. 3) Food placed in a kli shani 11 is osser mid rabbanan. 4) Cham l toch tzonen (hot food falling onto cold food) is osser k dai klipa but only mid rabbanan. 5) Tzli (roasting milk and meat together) is osser mid oraisa. 12 6) Tigun (frying) is osser mid oraisa according to the Pri Chadash and only mid rabbanan 13 according to the Minchas Yaakov. 14 7) Melicha, kavush m ais l ais (pickling for 24 hours) and kavush in tzir for 18 minutes is osser mid rabbanan. 8) Meushan (smoking) is discussed in seif 6 and we will discuss it in Shiur 4. 9 This is the measurement of temperature that causes the hand to be withdrawn spontaneously for fear of being burnt (Shabbos 40B, eithth wide line, Rashi)and would cause the abdomen of an infant to be scalded (Orach Chaim 318:14). The exact temperature of yad soledet bo is questionable. One may assume it is between 110 F 120 F (43 C 49 C). 10 Sifsai Das 68:9 Din Alef, first few lines. 11 A kli shani is the container that a kli rishon is poured into. 12 Both R Akiva Eiger and the Pri Magadim bring this down in the name of the Pri Chadash. However the Aruch Hashulchan 87:11 holds that tzli is osser md rabbanan. 13 Sanhedrin 4B, last Rashi and Tosefos. 14 R Akiva Eiger holds like the Pri Chadash and the Pri Magadim holds like the Minchas Yaakov. 3

6 Bishul Achar Bishul The Gilyon Maharsha (2) says that to take meat and milk that were both already cooked separately and cook them together is osser mid oraissa. However, he brings in the name of the Mishbetzos Zahav that if the meat and milk were already cooked together it is muter to cook them again. Min Hanikbarim The Pri Megadim 15 brings the Mishna in Temurah 33b that says that basar b chalav (that is osser mid oraisa) is min hanikbarim, which means it must be buried. Therefore even if the chaticha (piece) of basar b chalav is burned into ashes, the ashes are osser. This is how the Rambam 16 paskins. However the Minchas Yaakov holds that the ashes would be muter because there is no chalav at all left in them. The Taz holds by the sfora of the Minchas Yaakov 17 and the Shach holds against the Minchas Yaakov because both the milk and the meat become an issur machmas atzmo (intrinsically osser). 18 The Pri Magadim holds by the Shach. 19 Nair Chanukah The Pishchai Tshuva (4) asks, Can butter that was cooked in a ben yomo meat pot 20 be used as the oil to light the Chanukah candles? The osser butter/oil should be muter to use because there is no hanah derived from the mitzvah. However there is an overriding reason to osser using this oil because that which is osser b hanah is considered as not having a shiur (measurement) (Succah 31B) and nair Chanukah needs a shiur. There is even a further issur that by lighting the wicks it will be cooking basar b chalav. (This would be the din only if the butter was not osser mid oraisa before being used as oil for the nairot.) 15 In his introduction to Basar B'chalav. 16 Hilchos Ma'acholos Assuros 9:1 17 Taz 105:13-14, Mishbatzos Zahav 105:14, M.Z. 92:3 towards the end. 18 Shach 105:17 19 As set forward in his introduction to Basar B chalav. 20 The pot was used within 24 hours of cooking meat. Therefore it has a strong meat taste which will go into the milk and osser the milk. 4

7 HALACHA 87:2 Buffalo Mid oraisa these laws apply only to a bahama. 21 According to the Rama 22 a buffalo is a sofek bahama sofek chaia therefore to cook it with milk it is osser because we are machmir in a sofek d oraisa. We will see in the next halacha that even if the animal is a nevaila (it wasn t shechted properly and therefore is osser before it is cooked with milk) that the issur of basar b chalav still applies. Our only consideration is whether or not the animal is a bahama and whether it comes from the category of tahor animals. Chickens do not give milk so they are automatically excluded from the issur of basar b chalav. Other s Milk The Torah refers to a kid in its mother s milk. The Aruch Hashulchan (87:1) says that we can make a kol v chomer from mother s milk to other milk as follows: even though mother s milk and the kid were at one time in the same guf (body) they are osser if they are cooked together kol v chomer milk from another bahama is osser if cooked with a kid since they were never from the same guf. This type of kol v chomer is a gilui milsa b alma (a fact constructed by logic) otherwise it would not carry the same punishment as a kid cooked in its mother s milk. Review Questions 1. In what ways are the laws of basar b chalav stricter than those of sha ar issurim? 2. Which kinds of cooking are osser mid oraisa and which kinds of cooking are osser mid rabbanan? 3. What should one do with basar b chalav? 4. Can one use butter that was cooked in a meat pot as oil for the Chanukah candles? 5. Is it permitted to cook milk with buffalo meat? 21 Bahamot are large animals that tend to be raised domestically. A chaia tends to be smaller and is usually found in the wild. 22 Rama Y"D Simon 28:4, see the biur hagra 7 who associates this with the koi. According to the Mechaber it would seem that a buffalo has the din of a bahaima. See also the Tiferes Yisrael Chullin Perek 6 Mishna 1 note 5. 5