THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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1) HALACHAH: COOKING MEAT WITH "MEI CHALAV"
QUESTION: The Beraisa states that one who cooks meat with "Mei Chalav"
(whey) is Patur; the Torah prohibits cooking only actual milk with meat.
However, the Gemara earlier (111b) teaches that it is forbidden to eat
meat with Kutach, and Kutach is made with "Nisyuvei d'Chalba" (Pesachim
42a) which is the same as Mei Chalav. Are these two rulings compatible?
2) COOKING MEAT IN THE MILK OF A COW OR THE MILK OF A SHEEP
(a) TOSFOS (DH ha'Mevashel) explains that although the Torah permits
cooking Mei Chalav with meat, the Rabanan prohibited it. This also seems
to be the view of RASHI, who translates "Mei Chalav" here the same way he
translates it in Pesachim and elsewhere ("mesgue," or whey).
HALACHAH: The SHULCHAN ARUCH (YD 87:8) rules like the Rosh and writes that
it is forbidden mid'Oraisa to cook Nisyuvei d'Chalba with meat (see KAF
HA'CHAYIM 87:71). (The PRI CHADASH (81:14), however, rules that Nisyuvei
d'Chalba is Asur only mid'Rabanan. The PRI TO'AR (87:16) says that it is a
(b) The ROSH (8:51) suggests that Nisyuvei d'Chalba and Mei Chalav are not
the same. Nisyuvei d'Chalba refers to whey; it is considered milk
mid'Oraisa and may not be cooked or consumed with meat. Mei Chalav, in
contrast, is the clear water that remains after the whey has been cooked
and all solid particles removed. The Torah permits cooking and eating this
with meat (nevertheless, the Rabanan prohibited it, as the BEIS YOSEF (YD
QUESTION: The Beraisa teaches that we learn from a Kal v'Chomer that the
milk of a cow and the milk of a sheep are included in the prohibition of
cooking meat with milk. The Beraisa then concludes that the words
"ba'Chalev Imo" are extra and are written to include the milk of a cow or
sheep. (The Gemara explains that the Kal v'Chomer can be refuted, and thus
the verse is needed.)
(a) Why does the Beraisa need a Kal v'Chomer to prove that cow milk and
sheep milk may not be cooked with meat? The Gemara earlier (113b) proves
that the word "Gedi" that appears in the verse that prohibits cooking meat
and milk includes other animals, such as a cow and sheep, as well!
Accordingly, when the verse says, "Do not cook a Gedi in the milk of its
mother," it is referring to the milk of any Kosher animal!
(b) How can the Beraisa say that we learn from the words "ba'Chalev Imo"
that the milk of a cow is included in the prohibition? Those words have
already been used to teach additional laws (see 113b) and are not extra!
(a) There are two answers to this question.
1. RASHI (DH ba'Chalev Imo) explains that the Tana of the Beraisa
disagrees with the proof mentioned in the previous Gemara. This Tana
maintains that the word "Gedi" refers only to "goat," and therefore he
needs another source to teach that the prohibition includes a cow and
sheep as well.
(b) TOSFOS (DH Talmud Lomar) explains that the inclusion of cow milk in
the prohibition is derived only from the word "ba'Chalev," and not from
"Imo." The other laws are derived from the word "Imo."
2. TOSFOS (DH ba'Chalev) explains that the Gemara's proof that "Gedi"
refers to other animals only shows that it is prohibited to cook cow meat
in the milk of a cow. The Beraisa here is proving that it is forbidden to
cook cow meat in the milk of a sheep or of a goat as well.
3) ALLOWING A SLAVE TO MARRY HIS MOTHER
OPINIONS: Mar brei d'Ravina points out that when a Shifchah Kena'anis had
a son and daughter, and the daughter was freed, the son and daughter are
forbidden to marry each other, but the son is permitted to marry his
4) AN "ABOMINABLE THING" THAT INVOLVED NO TRANSGRESSION
Is this the Halachah? Is an Eved Kena'ani permitted to marry his mother?
(a) RASHI (DH Eved) explains that the slave is not actually permitted to
marry his mother. Rather, he is permitted to marry a woman who has the
same status as his mother -- that is, another Eved.
The TIFERES YAKOV explains the opinion of Rashi. Only when a person
becomes an Eved *after* birth does his slavery disconnect him from all
familial connections. If, however, the Eved's mother was a Shifchah and
the child was born into slavery (as in the case of our Gemara, "Pri Im
ha'Em"), there is no change in status that can break the familial
connection between the mother and the child.
(b) RAV YAKOV EMDEN argues and asserts that the Eved would actually be
permitted to marry his mother (since, according to Halachah, there is no
familial connection between an Eved and his parents). (Z. Wainstein)
QUESTIONS: Rav Ashi teaches that the source for the prohibition to eat
meat and milk that were cooked together is the verse, "Lo Sochal Kol
To'evah" -- "Do not eat any abominable thing" (Devarim 14:3). Rav Ashi
understands that the verse is saying that we may not eat anything that
Hashem has made abominable to us, which includes a mixture of milk and
meat. RASHI (DH Harei) writes that this prohibition applies regardless of
how the cooked mixture of meat and milk came about; even if a Nochri or a
minor cooked it, it is forbidden mid'Oraisa to eat it. Since Hashem warned
us not to cook meat with milk, it is always forbidden to eat it.
5) GIVING A GIFT TO AN IDOLATER
(a) How do we see from the verse that a cooked mixture of meat and milk is
forbidden to eat regardless of whether or not a transgression was
committed when it was cooked? How can the food itself be an "abominable
thing" ("To'evah") when no Aveirah was done to prepare it? A Nochri is
permitted to cook meat and milk together and to eat it! Moreover, what
"abominable thing" is there when milk falls on its own into a pot of meat?
(b) Even if a thing can be called an "abominable thing" even when no
transgression was committed in its formation, the Gemara's question later
does not seem to make sense. The Gemara asks that according to Rav Ashi
something created on Shabbos as a result of a forbidden Melachah should be
considered a "To'evah." It should be obvious that if a Nochri made
something on Shabbos, this is *not* a "To'evah," because not only is a
Nochri permitted to do Melachah on Shabbos, he is *forbidden* to rest on
Shabbos, as the Gemara in Sanhedrin (58b) derives from the verse, "Day and
night they shall not rest" (Bereishis 8:22)!
It seems logical that only something that comes about through an Aveirah
is considered a "To'evah." Why, then, does Rashi says that when a Nochri
or a minor cooked meat and milk together, it is considered a "To'evah"?
(In one sense, however, Rashi's position seems to be logical, because
everyone agrees that meat and milk that happened to be cooked together
without human intervention, such as when milk falls into a pot of meat
(108a), or when a Nochri cooked it for himself, is prohibited for a Jew to
eat. It is not logical to say that Rav Ashi argues with everyone else in
(a) The TIFERES YAKOV answers that Rav Ashi agrees with be the view of
Tana d'Vei Rebbi Yishmael (115b) who derives the prohibition of eating
meat with milk from the repetition of the verse, "Do not cook a kid with
the milk of its mother" (Shemos 23:19, 34:26, Devarim 14:21). One of the
three times that this verse is written teaches that it is forbidden to eat
meat cooked with milk. However, since the Torah phrases the prohibition in
terms of "cooking," we might have thought that the Isur of eating the
mixture applies only if one already transgressed the Isur of cooking. Rav
Ashi teaches that the Isur of eating the mixture when one transgressed by
cooking it is derived from the verse, "Do not eat any abominable thing."
The verse, "Do not cook a kid with the milk of its mother," teaches that
even when no transgression was committed when the mixture was cooked, the
food is still forbidden to be eaten.
(b) The CHIDUSHEI CHASAM SOFER answers that there is an essential
difference between the prohibition of meat and milk and the prohibition of
work performed on Shabbos. With regard to a mixture of meat and milk, the
"To'evah" -- or the result that the Torah forbids -- is the food that was
cooked, regardless of how or by whom it was cooked. In contrast, with
regard to Shabbos the "To'evah" is the fact that a Jew did not rest on
Shabbos but performed Melachah. Therefore, the result of a Melachah done
by a Nochri on Shabbos is permitted mid'Oraisa. Moreover, the result of a
Melachah that a Jew started before Shabbos that continued by itself during
Shabbos is permitted l'Chatchilah, because the Jew is resting on Shabbos.
When the Gemara asks that according to Rav Ashi, something made on Shabbos
("Ma'aseh Shabbos") should be forbidden, the Gemara understands that even
something that results from a "To'evah" should be forbidden. That is, on
Shabbos the "To'evah" is the fact that a Jew did not rest, and the result
of that is the object that was formed through the Melachah that he did.
When the Gemara answers (beginning of 115a) that only "Shabbos is holy,
but what is produced on Shabbos is not holy," it teaches that even though
the "To'evah" is forbidden, what accrues from the "To'evah" is permitted.
Accordingly, in the same way that the thing that was made on Shabbos is
permitted b'Di'eved (mid'Oraisa), a field plowed by an ox and donkey
together is also permitted.
Therefore, even though Rashi says that meat and milk cooked by a Nochri or
minor is a "To'evah," nevertheless the Gemara, when it asked its question,
did not intend to say that work done on Shabbos by a Nochri is forbidden,
because his act of not resting on Shabbos involves no "To'evah." (D.
QUESTION: The Beraisa quotes the view of Rebbi Yehudah, who maintains that
one may not give a Neveilah to a Nochri as a gift; one may only sell it to
him. However, the Mishnah earlier (93b) clearly states that one may send a
thigh of an animal as a gift to an idolater! Why, then, does Rebbi Yehudah
ANSWER: TOSFOS (DH Rebbi Yehudah) explains, based on a Tosefta, that it is
permitted to send a gift to an idolater who is one's neighbor and will
show gratitude in return.
We find a similar concept expressed by the Rishonim in Gitin (38b). The
Gemara there teaches that it is prohibited to free one's Eved Kena'ani.
However, the Gemara records an incident in which the Rabanan permitted an
Eved Kena'ani to be freed. Rebbi Eliezer freed his Eved in order to obtain
a tenth Jewish man for a Minyan. The Gemara says that in order to perform
a Mitzvah (prayer with a Minyan), freeing an Eved is permitted. The RAMBAN
and other Rishonim explain that the prohibition against freeing an Eved
Kena'ani is similar to the prohibition of giving a gift to a Nochri, as
derived by the Gemara (Avodah Zarah 20a) from the verse, "Lo Sechanem" --
"Do not show them favor" (Devarim 7:2). Freeing an Eved is considered to
be giving the Eved his freedom as a gift.
Since the prohibition against freeing an Eved is based on the prohibition
of giving a gift to a Nochri, the prohibition depends on the intention one
has for freeing the Eved. If the master's intention is to do a favor for
his Eved, then freeing him is considered to be like giving him a gift. If,
however, the master wants to free his Eved for his (the master's) own
purposes, such as to help himself or others fulfill a Mitzvah (and not as
a gesture of goodwill towards the Eved), then the beneficiary is
considered to be the master and not the Eved and it is permitted to free
him. (See also Insights to Gitin 38:5.) (Z. Wainstein)