Get the best of Chabad.org content every week!
Find answers to fascinating Jewish questions, enjoy holiday tips and guides, read real-life stories and more!
ב"ה

Rambam - 1 Chapter a Day

Ma'achalot Assurot - Chapter 9

Show content in:

Ma'achalot Assurot - Chapter 9

1

It is forbidden to cook meat and milk together and to partake of them according to Scriptural Law.1 It is forbidden to benefit from [such a mixture]. It must be buried. Its ashes are forbidden like the ashes of all substances that must be buried.2

Whenever a person cooks an olive-sized portion of the two substances together,3 he is worthy of lashes, as [Exodus 23:19] states: "Do not cook a kid in its mother's milk." Similarly, a person who partakes of an olive-sized portion of the meat and milk that were cooked together4 is worthy of lashes even though he was not the one who cooked them.5

א

בָשָׂר בְּחָלָב אָסוּר לְבַשְּׁלוֹ וְאָסוּר לְאָכְלוֹ מִן הַתּוֹרָה. וְאָסוּר בַּהֲנָאָה. וְקוֹבְרִין אוֹתוֹ. וְאֶפְרוֹ אָסוּר כְּאֵפֶר כָּל הַנִּקְבָּרִין. וּמִי שֶׁיְּבַשֵּׁל מִשְּׁנֵיהֶם כְּזַיִת כְּאֶחָד לוֹקֶה שֶׁנֶּאֱמַר (שמות כג יט) (שמות לד כו) (דברים יד כא) "לֹא תְבַשֵּׁל גְּדִי בַּחֲלֵב אִמּוֹ". וְכֵן הָאוֹכֵל כְּזַיִת מִשְּׁנֵיהֶם מֵהַבָּשָׂר וְהֶחָלָב שֶׁנִּתְבַּשְּׁלוּ כְּאֶחָד לוֹקֶה וְאַף עַל פִּי שֶׁלֹּא בִּשֵּׁל:

2

The Torah remained silent concerning the prohibition against partaking [of meat and milk]6 only because it forbade cooking them. This is as if to say: Even cooking it is forbidden, how much more so partaking of it.7 [To cite a parallel:] The Torah did not mention the prohibition against relations with one's daughter, because it forbade those with the daughter of one's daughter.8

ב

לֹא שָׁתַק הַכָּתוּב מִלֶּאֱסֹר הָאֲכִילָה אֶלָּא מִפְּנֵי שֶׁאָסַר הַבִּשּׁוּל כְּלוֹמַר וַאֲפִלּוּ בִּשּׁוּלוֹ אָסוּר וְאֵין צָרִיךְ לוֹמַר אֲכִילָתוֹ. כְּמוֹ שֶׁשָּׁתַק מִלֶּאֱסֹר הַבַּת מֵאַחַר שֶׁאָסַר בַּת הַבַּת:

3

According to Scriptural Law, the prohibition involves only [a mixture of] meat from a kosher domesticated animal9 and milk from a kosher domesticated animal, as implied by the verse: "Do not cook a kid in its mother's milk."10 The term "a kid" includes the offspring of an ox, the offspring of a sheep, and the offspring of a goat unless the verse states explicitly, a goat-kid.11 The term "a kid in its mother's milk" [does not exclude all other situations].12 Instead, the Torah is speaking regarding the commonplace circumstance.

With regard to the meat of a kosher animal which was cooked in the milk of a non-kosher animal or the meat of a non-kosher animal which was cooked in the milk of a kosher animal, by contrast, cooking is permitted, and deriving benefit is permitted. One is not liable for [transgressing the prohibition against partaking of] meat and milk if one partakes of it.13

ג

אֵין אָסוּר מִן הַתּוֹרָה אֶלָּא בְּשַׂר בְּהֵמָה טְהוֹרָה בַּחֲלֵב בְּהֵמָה טְהוֹרָה שֶׁנֶּאֱמַר (שמות כג יט) (שמות לד כו) (דברים יד כא) "לֹא תְבַשֵּׁל גְּדִי בַּחֲלֵב אִמּוֹ". וּגְדִי הוּא כּוֹלֵל וְלַד הַשּׁוֹר וְלַד הַשֶּׂה וְלַד הָעֵז עַד שֶׁיִּפְרֹט וְיֹאמַר גְּדִי עִזִּים וְלֹא נֶאֱמַר גְּדִי בַּחֲלֵב אִמּוֹ אֶלָּא שֶׁדִּבֵּר הַכָּתוּב בַּהוֹוֶה. אֲבָל בְּשַׂר בְּהֵמָה טְהוֹרָה (שֶׁבִּשְּׁלוֹ) בַּחֲלֵב בְּהֵמָה טְמֵאָה. אוֹ בְּשַׂר בְּהֵמָה טְמֵאָה (שֶׁבִּשְּׁלוֹ) בַּחֲלֵב בְּהֵמָה טְהוֹרָה מֻתָּר לְבַשֵּׁל וּמֻתֶּרֶת בַּהֲנָיָה וְאֵין חַיָּבִין עַל אֲכִילָתוֹ מִשּׁוּם בָּשָׂר בְּחָלָב:

4

Similarly, the meat of a wild beast and the meat of a fowl together with the milk of a wild beast or the milk of a domesticated animal is not forbidden according to Scriptural Law.14 Therefore it is permitted to cook it and it is permitted to benefit from it. It is forbidden to partake of it according to Rabbinic Law so that people at large will not be negligent and come to violate the Scriptural prohibition against milk and meat and partake of the meat of a kosher domesticated animal [cooked] in the milk of a kosher domesticated animal. For the literal meaning of the verse implies only the meat of a kid in the milk of its actual mother.15 Therefore, they forbade all meat in milk.

ד

וְכֵן בְּשַׂר חַיָּה וְעוֹף בֵּין בַּחֲלֵב חַיָּה בֵּין בַּחֲלֵב בְּהֵמָה אֵינוֹ אָסוּר בַּאֲכִילָה מִן הַתּוֹרָה לְפִיכָךְ מֻתָּר לְבַשְּׁלוֹ וּמֻתָּר בַּהֲנָיָה. וְאָסוּר בַּאֲכִילָה מִדִּבְרֵי סוֹפְרִים כְּדֵי שֶׁלֹּא יִפְשְׁעוּ הָעָם וְיָבוֹאוּ לִידֵי אִסּוּר בָּשָׂר בְּחָלָב שֶׁל תּוֹרָה וְיֹאכְלוּ בְּשַׂר בְּהֵמָה טְהוֹרָה בַּחֲלֵב בְּהֵמָה טְהוֹרָה. שֶׁהֲרֵי אֵין מַשְׁמַע הַכָּתוּב אֶלָּא גְּדִי בַּחֲלֵב אִמּוֹ מַמָּשׁ. לְפִיכָךְ אָסְרוּ כָּל בָּשָׂר בְּחָלָב:

5

It is permitted to partake of fish and locusts [cooked] in milk.16

When a person slaughters a fowl and finds eggs that are completed within it, it is permitted to partake of them together with milk.17

ה

דָּגִים וַחֲגָבִים מֻתָּר לְאָכְלָן בְּחָלָב. וְהַשּׁוֹחֵט עוֹף וְנִמְצָא בּוֹ בֵּיצִים גְּמוּרוֹת מֻתָּר לְאָכְלָן בְּחָלָב:

6

When [milk and meat] are smoked, cooked in the hot springs of Tiberias, or the like, one is not liable for lashes.18 Similarly, when meat is cooked in whey, milk from a dead animal,19 or milk from a male,20 or if blood is cooked with milk, one is absolved and is not liable for partaking [of the mixture] because of [the prohibition against partaking of] milk and meat.21

When, however, a person cooks the meat of a dead animal, forbidden fat, or the like in milk, he is liable for lashes for cooking.22 He is not liable for lashes for partaking [of the mixture] because of the prohibition against meat and milk.23 For the prohibition against [mixtures of] meat and milk does not take effect with regard to [entities] prohibited as nevelah or forbidden fat, because we are not speaking about a more encompassing prohibition, a prohibition which adds a new dimension, or [two] prohibitions that take effect at the same time.24

ו

הַמְעֵשָּׁן וְהַמְבֻשָּׁל בְּחַמֵּי טְבֶרְיָא וְכַיּוֹצֵא בָּהֶן אֵין לוֹקִין עָלָיו. וְכֵן הַמְבַשֵּׁל בָּשָׂר בְּמֵי חָלָב אוֹ בַּחֲלֵב מֵתָה אוֹ בַּחֲלֵב זָכָר אוֹ שֶׁבִּשֵּׁל דָּם בְּחָלָב פָּטוּר וְאֵינוֹ לוֹקֶה עַל אֲכִילָתוֹ מִשּׁוּם בָּשָׂר בְּחָלָב. אֲבָל הַמְבַשֵּׁל בְּשַׂר מֵתָה אוֹ חֵלֶב וְכַיּוֹצֵא בָּהֶן בְּחָלָב לוֹקֶה עַל בִּשּׁוּלוֹ וְאֵינוֹ לוֹקֶה עַל אֲכִילָתוֹ מִשּׁוּם בָּשָׂר בְּחָלָב. שֶׁאֵין אִסּוּר בָּשָׂר בְּחָלָב חָל עַל אִסּוּר נְבֵלָה אוֹ אִסּוּר חֵלֶב. שֶׁאֵין כָּאן לֹא אִסּוּר כּוֹלֵל וְלֹא אִסּוּר מוֹסִיף וְלֹא אִסּוּר בַּת אַחַת:

7

When a person cooks a fetus in milk, he is liable. Similarly, one who partakes of it is liable. When, however, one cooks a placenta, skin, sinews, bones, the roots of the horns, or the soft portion of the hoofs [cooked] in milk,25 he is not liable. Similarly, one who partakes [of such a mixture] is not liable.

ז

הַמְבַשֵּׁל שָׁלִיל בְּחָלָב חַיָּב וְכֵן הָאוֹכְלוֹ. אֲבָל הַמְבַשֵּׁל שִׁלְיָא אוֹ עוֹר וְגִידִין וַעֲצָמוֹת וְעִקְּרֵי קַרְנַיִם וּטְלָפַיִם הָרַכִּים בְּחָלָב פָּטוּר. וְכֵן הָאוֹכְלָן פָּטוּר:

8

When meat falls into milk or milk falls into meat and they are cooked together, the minimum measure [for which one is liable is] enough for one substance to impart its flavor to the other.

What is implied? When a piece of meat falls into a bubbling pot26 full of milk, a gentile should taste [the contents of] the pot.27 If it has the flavor of meat, it is forbidden. If not, it is permitted, but the piece of meat is forbidden.28

When does the above apply? When he hurried and removed the piece of meat before it discharged the milk that it absorbed. If he did not remove it [that quickly], we require 60 times its volume,29 because the milk that it absorbed became forbidden. It was discharged and then mixed together with the remainder of the milk.30

ח

בָּשָׂר שֶׁנָּפַל לְתוֹךְ הֶחָלָב אוֹ חָלָב שֶׁנָּפַל לְתוֹךְ הַבָּשָׂר וְנִתְבַּשֵּׁל עִמּוֹ שִׁעוּרוֹ בְּנוֹתֵן טַעַם. כֵּיצַד. חֲתִיכָה שֶׁל בָּשָׂר שֶׁנָּפְלָה לִקְדֵרָה רוֹתַחַת שֶׁל חָלָב. טוֹעֵם הַנָּכְרִי אֶת הַקְּדֵרָה. אִם אָמַר שֶׁיֵּשׁ בָּהּ טַעַם בָּשָׂר אֲסוּרָה. וְאִם לָאו מֻתֶּרֶת. וְאוֹתָהּ חֲתִיכָה אֲסוּרָה. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁקָּדַם וְהוֹצִיא אֶת הַחֲתִיכָה קֹדֶם שֶׁתִּפְלֹט חָלָב שֶׁבָּלְעָה. אֲבָל אִם לֹא סִלֵּק מְשַׁעֲרִים אוֹתָהּ בְּשִׁשִּׁים מִפְּנֵי שֶׁהֶחָלָב שֶׁנִּבְלָע בָּהּ וְנֶאֱסַר יָצָא וְנִתְעָרֵב עִם שְׁאָר הֶחָלָב:

9

When milk falls [onto a piece of] meat [being cooked] in a pot,31 we taste32 the piece on which the milk fell. If it does not have the flavor of milk, everything is permitted.33 [More stringent rules apply] if the piece of meat has the flavor of milk. Even though if the piece of meat was pressed to remove [the absorbed liquid], the flavor [of milk] would not remain, since it has the flavor of milk now, it is forbidden and we must measure its entire volume.34 If everything in the pot - the other meat, the vegetables, the sauce, and the spices - is great enough so that the piece is one sixtieth of the entire [volume], that piece of meat is forbidden35 and the remainder is permitted.36

ט

נָפַל חָלָב לְתוֹךְ קְדֵרָה שֶׁל בָּשָׂר טוֹעֲמִין אֶת הַחֲתִיכָה שֶׁנָּפַל עָלֶיהָ חָלָב. אִם אֵין בָּהּ טַעַם חָלָב הַכּל מֻתָּר. וְאִם יֵשׁ בַּחֲתִיכָה טַעַם חָלָב אַף עַל פִּי שֶׁאִם תִּסָּחֵט הַחֲתִיכָה לֹא יִשָּׁאֵר בָּהּ טַעַם. הוֹאִיל וְיֵשׁ בָּהּ עַתָּה טַעַם חָלָב נֶאֶסְרָה אוֹתָהּ חֲתִיכָה. וּמְשַׁעֲרִין בְּכֻלָּהּ אִם הָיָה בְּכָל שֶׁיֵּשׁ בַּקְּדֵרָה מִן הַחֲתִיכוֹת וְהָיָּרָק וְהַמָּרָק וְהַתַּבְלִין כְּדֵי שֶׁתִּהְיֶה חֲתִיכָה זוֹ אֶחָד מִשִּׁשִּׁים מִן הַכּל הַחֲתִיכָה אֲסוּרָה וְהַשְּׁאָר מֻתָּר:

10

When does the above apply? When he did not stir the pot at the outset when the milk fell into it. [He did so] only at the end37 and did not cover the pot.38

If, however, he stirred the pot from the beginning until the end39 or covered [the pot]40 from the time [the milk] fell until the end, [the question of whether a prohibition exists depends] on whether [the milk] imparted its flavor.41

Similarly, if the milk fell into the sauce or onto all the pieces and it was not known on which piece [the milk] fell,42 he should stir the entire pot so that all its contents will be mixed [thoroughly].43 If the flavor of milk [can be detected] in the entire pot, it is forbidden. If not, it is permitted. If a gentile to taste [the pot] whom we can rely on cannot be found, we require a measure of sixty whether for meat in milk or milk in meat. If there is one measure in sixty,44 it is permitted. If there is less than sixty, it is forbidden.

י

בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁלֹּא נִעֵר אֶת הַקְּדֵרָה בַּתְּחִלָּה כְּשֶׁנָּפַל הֶחָלָב אֶלָּא לְבַסּוֹף וְלֹא כִּסָּה. אֲבָל אִם נִעֵר מִתְּחִלָּה וְעַד סוֹף אוֹ שֶׁכִּסָּה מִשְּׁעַת נְפִילָה עַד סוֹף הֲרֵי זֶה בְּנוֹתֵן טַעַם. וְכֵן אִם נָפַל חָלָב לְתוֹךְ הַמָּרָק אוֹ לְכָל הַחֲתִיכוֹת וְלֹא נוֹדַע לְאֵי זֶה חֲתִיכָה נָפַל. נוֹעֵר אֶת הַקְּדֵרָה כֻּלָּהּ עַד שֶׁתָּשׁוּב וְיִתְעָרֵב הַכּל. אִם יֵשׁ בַּקְּדֵרָה כֻּלָּהּ טַעַם חָלָב אֲסוּרָה וְאִם לָאו מֻתֶּרֶת. אִם לֹא נִמְצָא נָכְרִי שֶׁיִּטְעֹם וְנִסְמֹךְ עָלָיו מְשַׁעֲרִים בְּשִׁשִּׁים בֵּין בָּשָׂר לְתוֹךְ חָלָב בֵּין חָלָב לְתוֹךְ בָּשָׂר אֶחָד מִשִּׁשִּׁים מֻתָּר פָּחוֹת מִשִּׁשִּׁים אָסוּר:

11

When meat has been cooked in a pot, milk should not be cooked in it.45 If one cooked [milk] in it, [it is forbidden] if it imparted its flavor.46

יא

קְדֵרָה שֶׁבִּשֵּׁל בָּהּ בָּשָׂר לֹא יְבַשֵּׁל בָּהּ חָלָב. וְאִם בִּשֵּׁל בְּנוֹתֵן טַעַם:

12

The udders [of an animal] are forbidden according to Rabbinic Law.47 [The prohibition is not of Scriptural origin, because] meat that was cooked in milk from an animal that was slaughtered is not forbidden according to Scriptural Law, as we explained.48

Therefore if one cut it open and discharged the milk it contained, it is permitted to roast it and eat it. If one cut it both horizontally and vertically and then pressed it into a wall until none of the moisture of the milk remained, it may be cooked with other meat.49

When an udder has not been cut open, when from a young animal that never nursed50 or from an older one, it is forbidden to cook it. If one transgressed and cooked it alone, it is permitted to partake of it. If one cooked it with other meat, we require 60 times its volume. The udder itself is calculated in the 60.51

יב

הַכְּחַל אָסוּר מִדִּבְרֵי סוֹפְרִים. שֶׁאֵין בָּשָׂר שֶׁנִתְבַּשֵּׁל בַּחֲלֵב שְׁחוּטָה אָסוּר מִן הַתּוֹרָה כְּמוֹ שֶׁבֵּאַרְנוּ. לְפִיכָךְ אִם קְרָעוֹ וּמֵרֵק הֶחָלָב שֶׁבּוֹ מֻתָּר לִצְלוֹתוֹ וּלְאָכְלוֹ. וְאִם קְרָעוֹ שְׁתִי וָעֵרֶב וְטָחוֹ בַּכֹּתֶל עַד שֶׁלֹּא נִשְׁאַר בּוֹ לַחְלוּחִית חָלָב מֻתָּר לְבַשְּׁלוֹ עִם הַבָּשָׂר. וּכְחַל שֶׁלֹּא קְרָעוֹ בֵּין שֶׁל קְטַנָּה שֶׁלֹּא הֵינִיקָה בֵּין שֶׁל גְּדוֹלָה אָסוּר לְבַשְּׁלוֹ. וְאִם עָבַר וּבִשְּׁלוֹ בִּפְנֵי עַצְמוֹ מֻתָּר לְאָכְלוֹ. וְאִם בִּשְּׁלוֹ עִם בָּשָׂר אַחֵר מְשַׁעֲרִין אוֹתוֹ בְּשִׁשִּׁים וּכְחַל מִן הַמִּנְיָן:

13

What is implied? If the entire mixture together with the udder was sixty times the volume of the udder, the udder is forbidden,52 and the remainder is permitted. If there was less than 60 times its volume, the entire mixture is forbidden. Regardless of [the ruling applying to the entire mixture], if the udder fell into another pot, it can cause it to be forbidden. We require 60 times its volume as in the original instance.53 [The rationale is that] the udder which is cooked becomes considered as a forbidden piece of meat.

We measure [the volume of] the udder at the time that it was cooked, not according to its state when it fell [into the mixture].

יג

כֵּיצַד. אִם הָיָה הַכּל עִם הַכְּחַל כְּמוֹ שִׁשִּׁים בַּכְּחַל הַכְּחַל אָסוּר וְהַשְּׁאָר מֻתָּר. וְאִם הָיָה בְּפָחוֹת מִשִּׁשִּׁים הַכּל אָסוּר. בֵּין כָּךְ וּבֵין כָּךְ אִם נָפַל לִקְדֵרָה אַחֶרֶת אוֹסֵר אוֹתָהּ וּמְשַׁעֲרִין בּוֹ בְּשִׁשִּׁים כְּבָרִאשׁוֹנָה. שֶׁהַכְּחַל עַצְמוֹ שֶׁנִתְבַּשֵּׁל נַעֲשָׂה כַּחֲתִיכָה הָאֲסוּרָה וְאֵין מְשַׁעֲרִין בּוֹ אֶלָּא כְּמוֹת שֶׁהוּא בְּעֵת שֶׁנִתְבַּשֵּׁל לֹא כְּמוֹת שֶׁהָיָה בְּשָׁעָה שֶׁנָּפַל:

14

We do not roast an udder that has been cut above meat on a spit.54 If, however, one roasted it [in that manner], everything is permitted.55

יד

אֵין צוֹלִין אֶת הַכְּחַל שֶׁחֲתָכוֹ [לְמַעְלָה] מִן הַבָּשָׂר בְּשִׁפּוּד. וְאִם צָלָהוּ הַכּל מֻתָּר:

15

A stomach that is cooked with milk inside it56 is permitted. [The rationale is that] it is no longer considered as milk.57 Instead, it is considered as a waste product, because it undergoes a change in the digestive system.

טו

קֵבָה שֶׁבִּשְּׁלָהּ בֶּחָלָב שֶׁבָּהּ מֻתֶּרֶת שֶׁאֵינוֹ חָלָב אֶלָּא הֲרֵי הוּא כְּטִנֹּפֶת שֶׁהֲרֵי יִשְׁתַּנֶּה בַּמֵּעַיִם:

16

It is forbidden to place the skin of a kosher animal's stomach [in milk] to serve as a catalyst for it to harden into cheese. If one used it as a catalyst, [a gentile] should taste the cheese. If it has a taste of meat, it is forbidden. If not, it is permitted. [The rationale is that] the catalyst is itself a permitted entity,58 for it comes from the stomach of a kosher animal. [The only question] is [whether] the prohibition against meat and milk [was violated] and that is dependent on whether the flavor was imparted.

[Different laws apply, however, when] one uses the skin of the stomach of a nevelah, a trefe, or a non-kosher animal. [The rationale is that] since the catalyst is forbidden in its own right, the cheese becomes forbidden, not because of the prohibition of meat and milk, but because of the prohibition against a nevelah. For this reason, [our Sages] forbade cheeses made by gentiles, as we explained.59

טז

אָסוּר לְהַעֲמִיד הַגְּבִינָה בְּעוֹר הַקֵּבָה שֶׁל שְׁחוּטָה. וְאִם הֶעֱמִיד טוֹעֵם אֶת הַגְּבִינָה אִם יֵשׁ בָּהּ טַעַם בָּשָׂר אֲסוּרָה וְאִם לָאו מֻתֶּרֶת. מִפְּנֵי שֶׁהַמַּעֲמִיד דָּבָר הַמֻּתָּר הוּא. שֶׁקֵּיבַת שְׁחוּטָה הִיא. וְאֵין כָּאן אֶלָּא אִסּוּר בָּשָׂר בְּחָלָב שֶׁשִּׁעוּרוֹ בְּנוֹתֵן טַעַם. אֲבָל הַמַּעֲמִיד בְּעוֹר קֵיבַת נְבֵלָה וּטְרֵפָה וּבְהֵמָה טְמֵאָה הוֹאִיל וְהַמַּעֲמִיד דָּבָר הָאָסוּר בִּפְנֵי עַצְמוֹ נֶאֶסְרָה הַגְּבִינָה מִשּׁוּם נְבֵלָה לֹא מִשּׁוּם בָּשָׂר בְּחָלָב. וּמִפְּנֵי חֲשָׁשׁ זֶה אָסְרוּ גְּבִינַת עַכּוּ''ם כְּמוֹ שֶׁבֵּאַרְנוּ:

17

Meat alone is permitted and milk alone is permitted. It is [only] when the two become mixed together through cooking that they both become forbidden.

When does the above apply? When they were cooked together, when a hot object fell into a hot object,60 or when a cold object fell into a hot object.61 If, however, [milk or meat] that is hot fell into the other when it is cold, [all that is necessary is to] remove the surface of the meat which touched the milk; the remainder may be eaten.62

If cold [meat] fell into cold [milk or the opposite], one must wash the piece of meat thoroughly.63 [Afterwards,] it may be eaten. For this reason, it is permitted to [carry] meat and milk bound together in a single handkerchief, provided they do not touch each other. If they do touch each other, one must wash the meat and wash the cheese.64 [Afterwards,] he may partake of them.

יז

הַבָּשָׂר לְבַדּוֹ מֻתָּר וְהֶחָלָב לְבַדּוֹ מֻתָּר וּבְהִתְעָרֵב שְׁנֵיהֶן עַל יְדֵי בִּשּׁוּל יֵאָסְרוּ שְׁנֵיהֶם. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁנִּתְבַּשְּׁלוּ שְׁנֵיהֶם בְּיַחַד אוֹ שֶׁנָּפַל חַם לְתוֹךְ חַם אוֹ צוֹנֵן לְתוֹךְ חַם. אֲבָל אִם נָפַל אֶחָד מִשְּׁנֵיהֶם וְהוּא חַם לְתוֹךְ הַשֵּׁנִי וְהוּא צוֹנֵן קוֹלֵף הַבָּשָׂר כֻּלּוֹ שֶׁנָּגַע בּוֹ הֶחָלָב וְאוֹכֵל הַשְּׁאָר. וְאִם נָפַל צוֹנֵן לְתוֹךְ צוֹנֵן מֵדִיחַ הַחֲתִיכָה וְאוֹכְלָהּ. לְפִיכָךְ מֻתָּר לִצְרֹר בָּשָׂר וּגְבִינָה בְּמִטְפַּחַת אַחַת וְהוּא שֶׁלֹּא יִגְּעוּ זֶה בָּזֶה. וְאִם נָגְעוּ מֵדִיחַ הַבָּשָׂר וּמֵדִיחַ הַגְּבִינָה וְאוֹכֵל:

18

When a substance is salted to the extent that it cannot be eaten because of its salt,65 is considered as if it is boiling.66 If it can be eaten in its present state like kutach,67 it is not considered as if it is boiling.68

יח

מָלִיחַ שֶׁאֵינוֹ נֶאֱכָל מֵחֲמַת מִלְחוֹ הֲרֵי הוּא כְּרוֹתֵחַ. וְאִם נֶאֱכָל כְּמוֹת שֶׁהוּא כְּמוֹ הַכּוּתָח אֵינוֹ כְּרוֹתֵחַ:

19

[The following rules apply when] a fowl that has been slaughtered falls into milk or kutach that contains milk: If it is raw, it need only be washed thoroughly and it is permitted. If it was roasted, one should remove its surface.69 If it has portions where it is open70 or it is spiced and it falls into milk or kutach, it is forbidden.71

יט

עוֹף שָׁחוּט שֶׁנָּפַל לְחָלָב אוֹ לְכוּתָח שֶׁיֵּשׁ בּוֹ חָלָב. אִם חַי הוּא מְדִיחוֹ וּמֻתָּר. וְאִם צָלִי קוֹלְפוֹ. וְאִם הָיוּ בּוֹ פְּלָחִים פְּלָחִים אוֹ שֶׁהָיָה מְתֻבָּל בְּתַבְלִין וְנָפַל לְחָלָב אוֹ לְכוּתָח הֲרֵי זֶה אָסוּר:

20

It is forbidden to serve fowl72 together with milk on the table upon which one is eating.73 This is a decree [enacted] because habit [might lead] to sin.74 We fear that one will eat one with the other. [This applies] even though fowl with milk is forbidden only because of Rabbinic decree.75

כ

אָסוּר לְהַעֲלוֹת הָעוֹף עִם הַגְּבִינָה עַל הַשֻּׁלְחָן שֶׁהוּא אוֹכֵל עָלָיו גְּזֵרָה מִשּׁוּם הֶרְגֵּל עֲבֵרָה שֶׁמָּא יֹאכַל זֶה עִם זֶה. אַף עַל פִּי שֶׁהָעוֹף בְּחָלָב אָסוּר מִדִּבְרֵי סוֹפְרִים:

21

When two guests who are not familiar with each other are eating at the same table, one may eat the meat of an animal and one may eat cheese. [The rationale is] that they are not well-acquainted with each other to the extent that they will eat together.76

כא

שְׁנֵי אַכְסַנָּאִין שֶׁאֵינָם מַכִּירִין זֶה אֶת זֶה אוֹכְלִין עַל שֻׁלְחָן אֶחָד זֶה בְּשַׂר בְּהֵמָה וְזֶה גְּבִינָה מִפְּנֵי שֶׁאֵין זֶה גַּס לִבּוֹ בָּזֶה כְּדֵי שֶׁיֹּאכַל עִמּוֹ:

22

We do not knead a loaf with milk. If one kneaded it [with milk], the loaf is forbidden,77 because habit [might lead] to sin, lest he eat it together with meat. We do not dab an oven with animal fat.78 If in fact one dabbed an oven [with fat], any loaf is forbidden79 until one fires the oven,80 lest one eat milk with [that loaf]. If one altered the appearance of the bread so that it will be evident that one should not eat meat or milk with it, it is permitted.

כב

אֵין לָשִׁין הָעִסָּה בְּחָלָב וְאִם לָשׁ כָּל הַפַּת אֲסוּרָה מִפְּנֵי הֶרְגֵּל עֲבֵרָה. שֶׁמָּא יֹאכַל בָּהּ בָּשָׂר. וְאֵין טָשִׁין אֶת הַתַּנּוּר בְּאַלְיָה. וְאִם טָשׁ כָּל הַפַּת אֲסוּרָה עַד שֶׁיַּסִּיק אֶת הַתַּנּוּר שֶׁמָּא יֹאכַל בָּהּ חָלָב. וְאִם שִׁנָּה בְּצוּרַת הַפַּת עַד שֶׁתִּהְיֶה נִכֶּרֶת כְּדֵי שֶׁלֹּא יֹאכַל בָּהּ לֹא בָּשָׂר וְלֹא חָלָב הֲרֵי זֶה מֻתָּר:

23

When a loaf has been baked together with roasted meat, or fish were roasted together with meat,81 it is forbidden to eat them together with milk.82 When meat was eaten83 in a dish and then fish were cooked in it, it is permitted to eat those fish together with kutach.84

כג

פַּת שֶׁאֲפָאָהּ עִם הַצָּלִי וְדָגִים שֶׁצְּלָאָן עִם הַבָּשָׂר אָסוּר לְאָכְלָן בְּחָלָב. קְעָרָה שֶׁאָכְלוּ בָּהּ בָּשָׂר וּבִשְּׁלוּ בָּהּ דָּגִים אוֹתָן הַדָּגִים מֻתָּר לְאָכְלָן בְּכוּתָח:

24

When a knife was used to cut roasted meat85 and then was used to cut radish or other sharp foods, it is forbidden to eat them together with kutach.86 If, however, one cut meat [with a knife] and afterwards cut zucchini or watermelon,87 one should scrape away the place where the cut was made and the remainder may be eaten with milk.

כד

סַכִּין שֶׁחָתַךְ בָּהּ בָּשָׂר צָלִי וְחָזַר וְחָתַךְ בָּהּ צְנוֹן וְכַיּוֹצֵא בּוֹ מִדְּבָרִים חֲרִיפִין אָסוּר לְאָכְלָן בְּכוּתָח. אֲבָל אִם חָתַךְ בָּהּ בָּשָׂר וְחָזַר וְחָתַךְ בָּהּ קִישׁוּת אוֹ אֲבַטִּיחַ גּוֹרֵד מְקוֹם הַחֲתָךְ וְאוֹכֵל הַשְּׁאָר בְּחָלָב:

25

We do not place a jar of salt near a jar of kutach, because it will draw out its flavor.88 Thus one will cook meat with this salt that has the flavor of milk. One may, however, place a jar of vinegar near a jar of kutach, because the vinegar will not draw out its flavor.89

כה

אֵין מַנִּיחִין כַּד שֶׁל מֶלַח בְּצַד כַּד שֶׁל כְּמָךְ מִפְּנֵי שֶׁשּׁוֹאֵב מִמֶּנּוּ וְנִמְצָא מְבַשֵּׁל הַבָּשָׂר בְּמֶלַח זֶה שֶׁיֵּשׁ בּוֹ טַעַם הֶחָלָב. אֲבָל מַנִּיחַ כַּד הַחֹמֶץ בְּצַד כַּד הַכְּמָךְ שֶׁאֵין הַחֹמֶץ שׁוֹאֵב מִמֶּנּוּ:

26

When a person eats cheese or milk first, it is permitted for him to eat meat directly afterwards. He must, however, wash his hands90 and clean his mouth between the cheese and the meat.91

With what should he clean his mouth? With bread or with fruit that [require him] to chew and then swallow or spit them out.92 One may clean his mouth with all substances with the exception of dates, flour, and vegetables, because they do not clean effectively.

כו

מִי שֶׁאָכַל גְּבִינָה אוֹ חָלָב תְּחִלָּה מֻתָּר לֶאֱכל אַחֲרָיו בָּשָׂר מִיָּד. וְצָרִיךְ שֶׁיָּדִיחַ יָדָיו וִיקַנֵּחַ פִּיו בֵּין הַגְּבִינָה וּבֵין הַבָּשָׂר. וּבְמַה מְקַנֵּחַ פִּיו בְּפַת אוֹ בְּפֵרוֹת שֶׁלּוֹעֲסָן וּבוֹלְעָן אוֹ פּוֹלְטָן. וּבַכּל מְקַנְּחִין אֶת הַפֶּה חוּץ מִתְּמָרִים אוֹ קֶמַח אוֹ יְרָקוֹת שֶׁאֵין אֵלּוּ מְקַנְּחִין יָפֶה:

27

When does the above apply? With regard to the meat of a domesticated animal or a wild beast.93 If, however, one [desires to] eat the meat of a fowl after eating cheese or milk, it is not necessary for him to clean his mouth or wash his hands.94

כז

בַּמֶּה דְּבָרִים אֲמוּרִים בִּבְשַׂר בְּהֵמָה אוֹ חַיָּה. אֲבָל אִם אָכַל בְּשַׂר עוֹף אַחַר שֶׁאָכַל הַגְּבִינָה אוֹ הֶחָלָב אֵינוֹ צָרִיךְ לֹא קִנּוּחַ הַפֶּה וְלֹא נְטִילַת יָדַיִם:

28

When a person ate meat first - whether the meat of an animal or the meat of a fowl - he should not partake of milk afterwards unless he waits the time for another meal, approximately six hours.95 This stringency is required because meat that becomes stuck between teeth and is not removed by cleaning.96

כח

מִי שֶׁאָכַל בָּשָׂר בַּתְּחִלָּה בֵּין בְּשַׂר בְּהֵמָה בֵּין בְּשַׂר עוֹף לֹא יֹאכַל אַחֲרָיו חָלָב עַד שֶׁיִּהְיֶה בֵּינֵיהֶן כְּדֵי שִׁעוּר סְעֵדָּה אַחֶרֶת וְהוּא כְּמוֹ שֵׁשׁ שָׁעוֹת מִפְּנֵי הַבָּשָׂר שֶׁל בֵּין הַשִּׁנַּיִם שֶׁאֵינוֹ סָר בְּקִנּוּחַ:

Footnotes
1.

Sefer HaMitzvot (negative commandments 186-187) and Sefer HaChinuch (mitzvot 113 and 92) include these prohibitions among the 613 mitzvot of the Torah.

2.

See Hilchot Pesulei HaMukdashim 19:11,13.

3.

I.e., together the mixture is the size of an olive. It is not necessary that one have an olive-sized portion of milk and an olive-sized portion of meat.

4.

If, however, the meat and milk have not been cooked together, there is no Scriptural prohibition against partaking of them together (Maggid Mishneh). According to Rabbinic Law, it is forbidden to partake of them in any manner.

5.

Even if a prohibition was not violated when cooking them together (e.g., they were cooked by a gentile), it is forbidden for a Jew to partake of the mixture. The implication is that the prohibitions against cooking the mixture and partaking of it are separate issues that do not necessarily share a connection (Maggid Mishneh).

6.

I.e., no where in the Torah does it state that it is forbidden to partake of such a mixture.

7.

Significantly, in his Sefer HaMitzvot, loc. cit., the Rambam explains that the prohibitions against partaking of and benefiting from milk and meat are derived from the fact that the Torah repeats this prohibition three times. Perhaps the reason the Rambam does not mention this means of derivation here is to avoid the following question being raised: Why are lashes not given for benefiting from milk and meat?

To explain: In Chapter 8, Halachah 16, the Rambam writes that one is not liable for lashes for deriving benefit from a forbidden substance. As explained in the notes to that halachah, the Maggid Mishneh explains that one is liable for lashes only when he derives benefit from the food in an ordinary manner from food. This includes only eating and not other forms of deriving benefit. Nevertheless, seemingly this should not apply with regard to benefiting from a mixture of milk and meat. For, as stated in Chapter 14, Halachah 10, in that instance, one is liable even if one does not derive benefit in the ordinary manner. Hence, it would appear that one should be liable for lashes for partaking of such a mixture.

Among the explanations given why one is not liable is that the prohibition against deriving benefit from a mixture of milk and meat is derived from an inference from a more lenient instance to a more stringent one (a kal vichomer; see Chullin 115b). And we follow the principle that punishment is not meted out when a prohibition is derived in such a fashion, only when it is stated explicitly (Sifri, Naso). If, however, there was an explicit prohibition in the Torah teaching us that deriving benefit from a mixture of milk and meat was forbidden. Seemingly, one would be liable for lashes (Lechem Mishneh).

8.

See Hilchot Issurei Bi'ah 2:6.

9.

With regard to the meat or milk of a kosher wild beast or fowl, see the following halachah and notes.

10.

I.e., the prohibition involves only a kid that could be eaten and milk of which one could partake.

11.

I.e., the term gidi translated as "kid," commonly means "a kid-goat." Nevertheless, according to the Bible, it is not necessarily restricted to this meaning unless the verse specifies so explicitly, as in Genesis 27:16; 38:20.

12.

I.e., the intent is not that one is liable only for cooking an offspring in the milk of its mother and not in any other situations. See the conclusion of the following halachah.

13.

Needless to say, one is liable for partaking of the non-kosher meat or the non-kosher milk.

14.

There is a difference of opinion among the Rabbis in Chullin 116a whether the prohibition against eat the meat of a wild beast [cooked] in milk is Scriptural or Rabbinic in origin. According to some interpretations, that difference of opinion is perpetuated among the Rishonim (see Siftei Cohen 87:4). Nevertheless, the overwhelming majority of Rishonim and Achronim follow the opinion the Rambam states here. This is also the ruling of the Shulchan Aruch (Yoreh De'ah 87:3).

Significantly, in (Hilchot Mamrim 2:9), the Rambam states that the meat of a wild beast that is cooked in milk is forbidden according to Scriptural Law. In their glosses to Hilchot Mamrim, the Radbaz and the Kessef Mishneh explain that there, the Rambam is speaking theoretically: Were the halachah to follow the opinion that the meat of a wild beast is forbidden according to Scriptural law, the ruling would be such and such. The Merkevat HaMishneh, however, maintains that a printing error crept into the text in Hilchot Ma'achalot Assurot and the text should be changed to fit the Rambam's ruling in Hilchot Mamrim.

15.

Hence were the Sages to allow one to partake of the meat of a wild beast and fowl cooked in milk, one might think that the prohibition applies only in its most literal context. As a safeguard to prevent this error from occurring, they instituted this prohibition.

16.

The Turei Zahav 87:3 and the Siftei Cohen 87:5 mention that there are authorities who forbid eating fish and milk together because it can cause health dangers. They, however, reject that ruling.

17.

This refers to eggs that already have a yolk and whites, but are still connected to the chicken's body (Maggid Mishneh). See the Turei Zahav 87:6 and the Siftei Cohen 87:9 who quote authorities who explain that even though such eggs are considered as meat in certain contexts, there is no prohibition against partaking of them together with milk.

18.

Nevertheless, there is a prohibition against partaking of all these mixtures and those mentioned in the following clause.

19.

I.e., milk that was in the animal's udders when it died or was slaughtered. See Halachah 12.

20.

The Rama (Yoreh De'ah 87:6) states that, after the fact, there is no prohibition against a mixture of milk from a male and meat. The Siftei Cohen 87:16 explains that this refers to milk from a male human. Even the Rama would forbid milk from a male animal according to Rabbinic Law.

21.

Implied is that in the latter instance, one is liable for partaking of blood. The Siftei Cohen 87:15 notes that according to many authorities, one is not liable for lashes for partaking of blood that has been cooked.

22.

Since we are speaking about meat or fat from a kosher species, the prohibition against cooking applies. In this instance, we do not say that "one prohibition does not fall upon another," because there is no prohibition against cooking a nevelah or forbidden fat.

23.

He is, however, liable for partaking of a nevelah or of forbidden fat.

24.

As stated in Chapter 14, Halachah 18, and in Hilchot Issurei Bi'ah 17:8, it is only in these circumstances, that we do not follow the general principle: One prohibition does not fall upon another prohibition.

The commentaries ask: Seemingly, the prohibition against a mixture of meat and milk does add a new dimension to this prohibition, because it is forbidden to benefit from such a mixture. Why then does the prohibition against partaking of milk and meat not apply?

The Rambam attempts to resolve this question in his Commentary to the Mishnah (Keritot 3:4) by explaining that since the prohibition against benefiting from the mixture is an extension of the prohibition against partaking of it, when - as in the present instance - the prohibition against partaking of it does not apply, the prohibition against benefiting from it also does not apply.

25.

For as stated in Chapter 4, Halachah 18, such substances are not fit to be eaten and thus are not considered as meat.

26.

The pot must be boiling hot. If meat falls into cold milk, it will not absorb it. See Halachah 17.

27.

Chullin 97a states "An Aramean chef shall taste it." Tosafot and others explain that only a chef's word is accepted. He will not lie, because if his falsification is discovered, his professional reputation will be tarnished and he will suffer a loss. We suspect that an ordinary gentile, by contrast, will lie. His word is only accepted with regard to ritual matters when he makes statements in the course of conversation, without knowing that a Jew is depending on his word.

This interpretation is not evident from the Rambam's words. On the contrary, it appears that according to the Rambam, the statements of any gentile are acceptable (see Chapter 15, Law 30, and notes). The Shulchan Aruch (Yoreh De'ah 92:1 quotes the Rambam's words. The Siftei Cohen 92:1 mentions the view of Tosafot. The Rama states that in the Ashkenazic community, the custom is not to rely on the word of a gentile in this context. Instead, we require sixty times the volume of the meat in all instances. Otherwise, both the milk and the meat are forbidden.

28.

For it certainly absorbed milk.

29.

As will be explained (see Chapter 15, Halachah 6, and notes), our Sages received the tradition that a forbidden substances will not impart its flavor to a mixture when the mixture contains sixty times its volume.

30.

There is no way of distinguishing the remainder of the milk from the forbidden milk. Hence the entire mixture is forbidden unless there is more than 60 times the amount of the forbidden substance.

31.

As evident from the continuation of the Rambam's words in this and the following halachah, we are speaking of an instance where milk falls on a piece of meat that is not in the sauce. According to Rashi, the lower portion of the meat is resting within the sauce in the pot and its upper portion - on which the milk falls - projects beyond it. According to Rabbenu Yitzchak, the entire portion is outside the sauce. See Turei Zahav 92:2; Siftei Cohen 92:4. (From the Rambam's wording at the beginning of the following halachah, it would appear that he follows Rabbenu Yitzchak's position.)

32.

I.e., we have the meat tasted by a gentile as above.

33.

I.e., the piece itself is permitted and therefore all the contents of the pot.

34.

Since the meat becomes forbidden, because it is meat that has been mixed with milk, tasting the mixture for milk is not sufficient. Instead, we consider the meat as a forbidden article and measure 60 times its volume. It is not possible to distinguish between the flavor of the forbidden meat and that of the permitted meat.

35.

Once it becomes forbidden, it is considered as a prohibited entity and cannot become permitted again. Our Sages [Chullin 108b; Rama (Yoreh De'ah 92:3-4)] use the expression: "The piece becomes like carrion," i.e., as if it is inherently forbidden.

36.

As if it was mixed with 60 times its volume of non-kosher meat. If the entire mixture is not 60 times the volume of the forbidden piece, the entire mixture becomes forbidden.

37.

Since he mixed at the end, after the meat became forbidden, the entire mixture may become forbidden.

38.

Thus the piece of meat on which the milk fell remained a discrete entity, separate from the entire mixture. Hence it becomes forbidden.

39.

The Tur (Yoreh De'ah 82) states that it is sufficient for him to stir the mixture at the beginning. This will cause the milk to be blended throughout the entire mixture. There is no need for him to continue stirring the pot. Rav Yaakov ibn Chaviv maintains that the Rambam would also accept this position. The Rambam mentions stirring the put until the end only for stylistic reasons. This interpretation is also apparent in the Rambam's Commentary to the Mishnah (Chullin 8:3).

In his Kessef Mishneh and Beit Yosef, Rav Yosef Caro differs and maintains that the Rambam's words here should be understood literally. Unless he mixed the pot from the beginning until the end, we fear that it was not mixed well. Hence in his Shulchan Aruch (Yoreh De'ah 92:2, he quotes the Rambam exactly. The Rama, however, cites the Tur's position.

40.

For covering the pot also causes the flavor of the milk to be blended throughout the entire mixture.

41.

And we have a gentile taste the mixture as above.

42.

The Tur and the Rama (Yoreh De'ah 92:2) emphasize that if the person does not stir the pot immediately after the milk fell in, the piece on which the milk fell becomes forbidden. Since its identity is unknown, all the pieces are forbidden unless the entire mixture is 60 times larger than its largest piece.

Rav Yaakov ibn Chaviv and Rav Yosef Caro (in his Kessef Mishneh and Beit Yosef) interpret the Rambam's intent as analogous to that of the Tur. They maintain that the Rambam also would agree that if person waited after the milk fell on the piece, that piece - and perhaps all the pieces - become(s) forbidden.

The Maggid Mishneh offers a different interpretation, explaining that in this instance, we do not say that the piece of meat on which the milk fell becomes forbidden because we do not know which piece it is. Hence rather than have the taste of the milk affect that piece, we stir the entire mixture so that the milk will become blended into it and become nullified as explained in the following note.

The Turei Zahav 92:6 and the Siftei Cohen 92:8 follow the interpretation of the Maggid Mishneh, explaining that in this instance, the principle (Beitzah 4b): "We do not nullify the existence of a forbidden substance at the outset," does not apply. For since the identity of the forbidden substance was never established, there is no specific prohibited substance involved. Hence at the outset, the entire pot is considered as subject to being forbidden. To prevent that from happening, we stir it so that the prohibition will not take effect.

43.

I.e., intentionally mixing the milk throughout the entire pot and thus nullifying its presence. As the Tur (loc. cit) writes, if the milk fell into the sauce, even if the person did not stir the mixture, this would be the ruling. Nevertheless, the Rambam advises the person to stir the mixture so that it will be mixed thoroughly and no trace will remain.

44.

More precisely, the permitted substance must be sixty times the volume of the forbidden substance. Thus we are speaking about the forbidden substance being one sixty-first.

45.

This applies even on a later day. According to Scriptural Law, after 24 hours, there is no prohibition. Nevertheless, according to Rabbinic Law, at the outset, one should be stringent and not cook milk in a pot in which meat was cooked previously even if it had been cooked several days beforehand.

46.

I.e., it should be tasted by a gentile. According to the Ashkenazic custom not to rely on a gentile, we require that the contents be 60 times the volume of the pot. The Siftei Cohen 93:1 states that it would be very rare for such a situation to exist. Generally, the ratio between a pot and its contents is less than 60. Hence, in most instances, the food would be prohibited.

47.

I.e., we are afraid that a certain amount of milk remained in the udder or that the udder absorbed a certain amount of milk. Since we do not know how much milk it absorbed, we assume that it is entirely forbidden.

48.

Halachah 6.

49.

The ruling regarding roasting is more lenient than the ruling regarding cooking, because when meat is roasted, any fluids it contains are discharged and flow outward without being absorbed (see Halachah 14). When it is cooked, by contrast, it stews in its juices and it and any other meat will absorb the milk it discharges.

The Shulchan Aruch (Yoreh De'ah 90:2) writes that the accepted custom is not to cook it with other meat at all and to cook it alone only after it has been cut vertically and horizontally and pressed into a wall. The Rama adds that it is Ashkenazic custom not to cook it at all.

50.

I.e., our Sages enforced their decree universally, without differentiating between one animal and another.

51.

In Chapter 15, Halachah 18, the Rambam explains that since only a Rabbinic prohibition is involved, our Sages were more lenient. Thus the Rambam interprets this ruling as being of general significance. The Rashba offers a different rationale for this ruling, explaining that since the meat of the udder is acceptable, we include it in the reckoning of 60. Thus in contrast to other instances where 60 times the amount of the forbidden substance is required, here, we require only 59.

52.

Rashi, Chullin 97b, explains that we assume that the milk imparted its flavor to the udder. Hence it becomes forbidden as the Rambam proceeds to state.

53.

Thus according to the Rambam, only 59 times its volume is required. This view is quoted by the Shulchan Aruch (Yoreh De'ah 90:1). The Tur and the Rama differ and maintain that the second mixture is judged more stringently than the first. They follow the rationale of the Rashba cited above. Thus they maintain at first, the udder is included in the reckoning, because its meat is permitted. With regard to the second mixture, by contrast, it is the meat, not the milk of the udder which is forbidden. Hence 60 times its volume is required.

54.

This is a safeguard so that it will not discharge milk which will flow over other pieces of meat.

55.

For even if its milk does flow over other pieces of meat, they are not forbidden. The rationale is that since it has been cut open, we do not suspect that perhaps some milk remained. Since the entire prohibition is Rabbinic in origin, we are not overly stringent. The Rama states if the udder was not cut open beforehand, the meat that is lower on the spit is forbidden.

56.

I.e., a calf that had drank its mother's milk and was cooked with that milk in its stomach.

57.

The Kessef Mishneh states that according to the Rambam, this applies even to milk that is still liquid. Since it has already undergone preliminary digestive processes, it is no longer considered as milk. See Chapter 4, Halachah 19.

58.

Hence the logic mentioned in the following note does not apply.

59.

Chapter 3, Halachah 13. As the Rambam states in that halachah, since the amount of skin used is minimal, we might think that no prohibition is involved, for the forbidden substance would be nullified. Nevertheless, the Rabbis ruled stringently, explaining that since the catalyst which causes the milk to curdle is forbidden, everything is forbidden.

60.

For in this instance, the two substances will be absorbed by each other just as if they had been cooked together.

61.

For we follow the principle (Pesachim 76a): "The lower one dominates," and the food is considered as hot.

62.

We assume that the meat's surface absorbed a small amount of milk while it was cooling down (ibid.). Hence the surface is forbidden and must be removed. The milk does not, however, permeate beyond the surface. Therefore the remainder is permitted. With regard to the milk, it appears that there is no prohibition. The Radbaz explains that since it is not possible to remove the surface of the milk, there is no prohibition whatsoever. Other Rishonim require that the milk be sixty times the volume of the surface of the meat. The Shulchan Aruch (Yoreh De'ah 91:4) quotes the Rambam's ruling and the Siftei Cohen 91:8 states that this decision is accepted by the Rama despite the fact that this might appear incompatible with some of the other rulings of the Rama. The Turei Zahav 91:7, however, argues in favor of the view of the other Rishonim.

63.

Since they are both cold, there is no suspicion that one will be absorbed by the other. Washing the meat is necessary only to remove any traces of milk that might be left.

64.

The Bayit Chadash rules that this applies only when one of them is moist. If they are both solid, they need not even be washed.

65.

In previous eras, before the advent of refrigeration, meat was salted thoroughly to preserve it. Afterwards, when one desired to partake of it, he would soak it in water to remove the salt (Rashi, Chullin 112a). The Radbaz states that we are speaking about salting meat in a manner similar to the way it is salted to remove its blood. If less salt than that is used, these laws do not apply. See the Shulchan Aruch (Yoreh De'ah 91:5) which discusses these laws.

66.

I.e., we assume that it will cause substances to be discharged and absorbed as cooking does. This is merely a Rabbinic stringency.

It must be emphasized that the comparison to cooking is not total. Generally, salting only causes the surface of the substance to become forbidden. If, however, the substance is fatty, the entire substance becomes forbidden (ibid.:6).

67.

A mixture of milk, breadcrumbs, salt, and spices, commonly served as a dip in Babylon.

68.

All that is necessary is to wash the meat and/or cheese thoroughly.

69.

There is a difference of opinion among the Rabbis if this is speaking about a roasted fowl that is hot, or even one that is not hot. According to the latter opinion, it will still absorb some milk because it has become soft and permeable. The Shulchan Aruch (Yoreh De'ah 91:7) quotes the first view while the Turand the Rama mention the second.

70.

I.e., instead of being a solid surface, the surface of the meat cracks open in several places.

71.

Because the cracks in its surface or the spices will cause it to absorb the milk to a greater extent than it would otherwise. This clause appears also to be referring to meat that has been roasted. There are, however, opinions that interpret it as referring to raw meat. See Siftei Cohen 91:21.

72.

Needless to say, this applies to meat (see Lechem Mishneh).

73.

They may, however, be placed together on a serving table (Chullin 104b).

74.

Since both substances are permitted and they are served together, one might accidentally partake of them together.

Implied is that if substances are forbidden and one would not ordinarily partake of them, there is no difficulty in having them served on the table at which one is eating. See Siftei Cohen 88:2.

75.

See the Shulchan Aruch (Yoreh De'ah 88:2) which explains that if a distinction is made, e.g., the milk is placed on one type of placemat and the meat on another, there is no prohibition.

76.

Thus there is little likelihood that they will share their food together.

77.

Even to be eaten alone [Shulchan Aruch (Yoreh De'ah 97:1)]. The Shulchan Aruch, however, grants license if only a small amount of bread was prepared in this manner and thus it can be eaten at one time.

78.

Even if the fat is kosher.

79.

We fear that the fat from the oven became absorbed in the bread, causing it to become fleishig.

80.

Firing the oven to the point that it becomes red-hot will burn away all traces of the fat.

81.

Even if they did not touch each other. Note the Shulchan Aruch (Yoreh De'ah 116) and the Turei Zahav 95:3) which mention that there is a prohibition against eating fish roasted with meat because it could cause a health problem.

82.

For the vapors from the meat become absorbed in the bread or in the fish. In Chapter 15, Halachah 32, the Rambam rules that vapors do not cause an object to become forbidden. There is not necessarily a contradiction between these two rulings, for here we are speaking about a small oven [Radbaz, Shulchan Aruch (Yoreh De'ah 97:3). Even though, after the fact, kosher meat roasted together with non-kosher meat in a small oven is permitted, here one is not deeming the bread or fish forbidden, one is merely prohibiting that it be eaten with milk (Siftei Cohen 97:4).

83.

Or cooked [Radbaz, Shulchan Aruch (Yoreh De'ah 95:1)]. The Shulchan Aruch adds that this ruling applies only when the dish was thoroughly washed and no trace of meat remains.

84.

Even though the kutach contains milk. The rationale is that although the flavor of the meat was imparted to the dish and from the dish, it was imparted to the fish. Nevertheless, since it went through these two intermediate stages, it is not considered significant and does not cause the fish to be considered fleishig. The Rabbis referred to this concept as nat bar nat - notain taam bar notain tam ("imparting merely flavor a second time").

It must be emphasized that nat bar nat is permitted only with regard to a mixture of milk and meat. The rationale is that both milk and meat are permitted, a prohibition only exists when they are mixed together and if one of them has been weakened to the extent that it is nat bar nat, it is not considered significant. When, however, an entity is inherently forbidden, e.g., non-kosher meat, when its flavor becomes absorbed into a dish, that dish becomes forbidden and it may not be used again for hot food (Radbaz).

85.

The Rambam's wording implies that the meat was hot (Radbaz). This ruling applies also to hot cooked meat (Kessef Mishneh). There are opinions that maintain that this ruling also applies when the meat was cold (Radbaz).

86.

Rashi, Chullin 111b, states that the rationale is that it is likely that there will be a small amount of fat left on the knife. Thus when the knife is used to cut the sharp food, its sharpness will cause that the flavor of the fat will be imparted to it. According to this view, if the knife was cleaned or used to cut another substance first, it does not cause the radish to be forbidden [Shulchan Aruch (Yoreh De'ah 96:5); note also the dissenting view of the Rama]. (This opinion speaks of fat being left on the knife, for if there was no fat there, seemingly, this instance would resemble the concept of nat bar nat mentioned in the previous halachah.)

There are, however, other opinions (Tosafot, Sefer HaTerumot) which maintain that this ruling would apply even if the knife was clean. The rationale is the pungency of the food and the pressure of the knife cause it to absorb more than an ordinary instance of nat bar nat.

From the Rambam's wording, it appears that the entire radish is forbidden. The Shulchan Aruch (Yoreh De'ah 96:1), however, rules that it is sufficient to remove a piece a fingerbreadth in thickness. The Rama, however, mentions the Rambam's view.

87.

I.e., substances that are not pungent and soft and contain moisture. If one cuts a vegetable that is not soft and moist, it is sufficient to wash it [Shulchan Aruch (Yoreh De'ah 96:5)].

88.

The Ra'avad and the Radbaz note that the Rambam apparently had a slightly different version of Chullin 112a, the source for this halachah, than that found in the standard printed texts of the Talmud. According to the standard version, the rationale is that we fear that some drops of kutach will fall into the salt. The Radbaz adds that according to the Rambam, the prohibition applies only with regard to earthenware jugs. If they are made from metal, the material will be too dense to allow for the flavor to be drawn out.

89.

According to the other rationale, the kutach will remain a distinct entity if it falls into the salt, but it will become mixed with the vinegar and nullified if it falls into it (Radbaz; Turei Zahav 95:16).

90.

The Shulchan Aruch (Yoreh De'ah 89:2) states that if one sees that his hands are clean, it is not necessary to wash them.

91.

The Rama quotes a view that requires one to wait six hours after eating hard cheese. It is, however, questionable if this would be required for most hard cheese commercially produced today.

92.

The Shulchan Aruch (loc. cit.) states that one should also wash his mouth.

93.

The requirement of this stringency for the meat of a domesticated animal is understandable, for the prohibition is of Scriptural origin. Nevertheless, according to the standard text of Halachah 4, the prohibition against a mixture of milk and the meat of a wild beast is also Rabbinic in origin. What then is the difference between the meat of a wild beast and that of a fowl? The Kessef Mishneh, however, explains that the meat of a domesticated animal resembles the meat of a wild beast. Hence it was necessary for the Rabbis to forbid it. Alternatively, Rabbenu Tam explains that the meat of a wild beast will stick to a person's mouth and hands more than the meat of a fowl.

94.

Since only a Rabbinic prohibition is involved, our Sages did not enforce any further stringency.

95.

This is the view stated in the Shulchan Aruch (Yoreh De'ah 89:1) and in the Rama's conclusion, although the Rama does mention that there are some more lenient views.

96.

The Tur (Yoreh De'ah 89) gives a different rationale: that because meat is fatty, its taste persists for a long time.

Published and copyright by Moznaim Publications, all rights reserved.
To purchase this book or the entire series, please click here.
The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah