Milk and meat

Milk and Meat

P’shat

Chullin 8:1 Every [kind of] flesh [of cattle, wild beast, and fowl] is it prohibited to cook in milk, except for the flesh of fish and locusts. And it is prohibited to serve it up onto the table with cheese, except for the flesh of fish and locusts. He who vows [to abstain] from flesh is permitted [to make use of] the flesh of fish and locusts. “Fowl goes up onto the table with cheese, but it is not eaten,” the words of the House of Shammai. And the House of Hillel say, “It does not go up, and it is not eaten.” Said R. Yose, “This is one of the lenient rulings of the House of Shammai and the strict rulings of the House of Hillel” [M. Ed. 4:1, 5:2].[1] Concerning what sort of table did they speak? Concerning a table on which one eats. But as to a table on which one lays out cooking, one puts this beside that and does not scruple.

8:2 A man ties up meat and cheese in a single cloth, provided that they do not touch one another. Rabban Simeon b. Gamaliel says, “Two guests eat on one table, this one meat, and that one cheese, and they do not scruple.”

8:3 A drop of milk which fell on a piece [of meat], if it is sufficient to impart flavor to that piece [of meat]—it is prohibited. [If] one stirred the pot, if there is in it sufficient [milk] to impart flavor to that [entire] pot[‘s contents], it [the contents of the pot] is prohibited. The udder: one cuts it open and takes out its milk. [If] he did not cut it open, he does not transgress on that account. The heart: One cuts it open and takes out its blood. [If] he did not cut it open, he does not transgress on that account. He who serves up fowl with cheese on the table does not transgress a negative commandment.

8:4 (1) The meat of clean cattle with the milk of a clean cattle— it is prohibited to cook [one with the other] or to derive benefit [therefrom]. (2) The meat of clean cattle with the milk of an unclean cattle, (3) the meat of unclean cattle with the milk of clean cattle— it is permitted to cook and permitted to derive benefit [therefrom]. R. Aqiba says, “A wild beast and fowl [are] not [prohibited to be mixed with milk] by the Torah. “For it is said, You will not seethe a kid in its mother’s milk (Ex. 23:19, 34:26, Dt. 14:21)— three times, [for the purpose of] excluding [from the prohibition of milk and meat] (1) the wild beast, (2) the bird, (3) and unclean cattle [= C].” R. Yose the Galilean says, “It is said, You will not eat any sort of carrion (Dt. 14:21), and it is said, You will not seethe the kid in its mother’s milk (Dt. 14:21)— “[The meaning is this:] What is prohibited on the grounds of carrion [also] is prohibited to be cooked in milk. “Fowl, which is prohibited on the grounds of carrion, is it possible that it is prohibited to be seethed in milk? “Scripture says, In its mother’s milk—excluding fowl, the mother of which does not have milk.”

8:5 [The milk in] the stomach of [a beast slaughtered by] a gentile [which is carrion, M. 1: 1], and that [in the stomach of] carrion—lo, this is prohibited. He who curdles [milk] in the skin of the stomach of a valid[ly slaughtered beast], if it is sufficient to impart a flavor—lo, this [cheese] is prohibited. A valid beast which sucked from a terefah beast—[the milk in] its stomach is prohibited. A terefah[2] beast which sucked from a valid beast—[the milk in] its stomach is permitted, [in both cases (C, D)] because [the milk remains] collected together in its intestines.[3]

Notes:

Gemara to this section begins its discussion by discussion the “kid.” concluding that a “kid” is the flesh of any clean animal.

It is generally believed that the fowl can be eaten because it has no “milk.”

Levi once visited the house of Joseph the fowler, and was served with a peacock’s head cooked in milk and said nothing to them about it[4]. When he came to Rabbi [and related this]. Rabbi said to him: Why did you not lay them under a ban? He replied. Because it was the place of R. Judah b. Bathyra and I imagine that he must have expounded to them the view of R. Jose the Galilean who said: A FOWL IS EXCLUDED SINCE IT HAS NO MOTHER’S MILK.[5]

The only one who seemed to hold this opinion was R. Jose the Galilean. None of the other Sages held this opinion. These objections are not held as a mere matter of “opinion.” These principles are deduced through Rabbinic hermeneutic. The question to us should be what was HaShem’s intent in making this mitzvah? Rabbinic hermeneutic is the method of deriving the intent of HaShem from the text. Text i.e. the Torah, does not have intent in and of itself. However, G-d had an intent when establishing each mitzvah. Herein we must apply Hermeneutic to the text to dreive the true intent behind not eating milk and meat.

Rashi’s Commentary on Shemot 23:19 (which is strictly P’shat -plain literal interpretation)contains the following information.

You shall not cook a kid: Heb. גְּדִי. A calf and a lamb are also included in [the term] גְּדִי, for גְּדִי is only an expression of a tender young animal. [This you know] from what you find in many places in the Torah where גְּדִי is written, and it was necessary to write after it עִזִים [to qualify it as a kid], for example, “I will send you a kid גְּדִי עִזִים” (Gen. 38:17); “the kid גְּדִי הָעִזִים” (Gen. 38:20); “two kids עִזִים גְּדָיֵי” (Gen. 27:9); to teach you that wherever גְּדִיis mentioned unqualified, it also means a calf and a lamb. This [prohibition] is written in three places in the Torah, one for the prohibition of eating [meat with milk], one for the prohibition of deriving any benefit [from meat with milk], and one for the prohibition of cooking [meat with milk]. -[From Chul. 113b, 115b]

See Chullin 113a- 116b ; Pesachim 24b-25a “Abaye said”

[1] The Mishnah contains the basic areas where Hillel adopted a more stringent ruling than Shammai.

[2] Meat ruined in the process of ritual slaughter through some improper act during the slaughter.

[3] See Mitzvot 92, 113 (SH) and N186-187 Maimonides

[4] And he did not eat it

[5] Chullin 116a