Noach 5761- Rabbi Gedalia Hochberg

This verse teaches us of the prohibition of "ever min hachai" (Rashi ibid); one may not eat a limb of an animal which has become detached prior to its death. This issur applies not only to us Jews, but to Gentiles, as well. It is one of their seven commandments.

We generally assume that "ever min hachai" is not a real practical issue for us. After all, our meat is cut only after killing the animal with shechitah. In essence, though, "ever min hachai" comes our way almost every day, in the form of milk and eggs. The Gemara (B'chorot 6) derives a principle known as "issur yotze" - that which issues from a prohibited item, may not be eaten as well. If so, milk which is taken from a live animal - even a kosher one - should be prohibited. The live animal may not be eaten due to "ever min hachai"; thus any secretion born by it becomes prohibited, as well! How, then, can we drink milk?

In fact, the Gemara (ibid.) raises this question and suggests several verses as sources which imply that milk is permissible nonetheless. One, for example is the Torah's praise of Eretz Yisroel as a land which flows with milk and honey. Obviously, then, milk must be permitted for us to drink, despite the normal rule of "issur yotze".

However, these sources of the Gemara satisfy only the reason for our permitted consumption of milk. What about Gentiles though? They also are bound by "ever min hachai"; where is their source of a "heter" to drink milk?

In dealing with this question, we must discern between the milk of kosher animals versus that of non-kosher ones. We know that a gentile may drink both a cow's milk and that of pigs. The "heter" for a gentile to drink kosher milk may be a relatively simple one. The Gemara (Chullin 33) discusses a principle known as "me ika medi" - it is not logical that non Jews should have an additional prohibition more so than the Jews themselves. If something is permitted for us, it must be permissible for them, too. The discussion there relates to "m'farcheset" - an animal which continues to twitch and move post-shechitah. Meat detached from such an animal does not present any problem of "ever min hachai" for a Jew, since shechitah was completed. However, for a goy - who has no concept of shechitah - "ever min hachai" should apply to such meat. Nonetheless, some forward an argument of "me eeka mede" permitting it even for gentiles; they can have no more stringencies than us.

Using this argument, we can permit kosher milk for gentiles, based on the sources which allow us to drink this milk. However, the problem of non-kosher milk remains unsolved, according to this approach. Additionally, the Rambam (Melachim, chapter 9) rules that a gentile may not eat the flesh of the aforementioned "m'farcheset"; that is to say, the Rambam holds there is no rule of "me ika medi." If so, even kosher milk remains problematic for a goy.

The Chatam Sofer (Yoreh Deah 19) refers to a source which specifically allows a gentile to consume milk. In Parshat Vayera (18:8) Avraham Avinu offers milk to his "guests," although he perceived them to be non Jewish humans. Apparently, milk is allowed for gentiles.

Although milk does not concern the Chatam Sofer, eggs do. Tosfot (Chullin 64) explain that eggs should have also been prohibited according to the rule of "issur yotze". They also, are produced by live - "ever min hachai" - chickens! Only due to a specific source - derived from the mitzvah of "shiluach haken" (see ibid.) - are kosher eggs permitted, nonetheless. Once again, though, we have a satisfactory source for Jews, but how can gentiles eat eggs?

Indeed, those who maintain the principle of "me eeka mede" can solve half the problem: kosher eggs. However, non kosher eggs remain problematic. And, of course, according to the Rambam (see section II) even kosher eggs need explanation.

We may be tempted to reach a radical conclusion that, in fact, a goy cannot eat eggs. However, this seems to be impossible since the Gemara and Shulchan Aruch (Yoreh Deah 86) specifically discuss the sale of non kosher eggs to gentiles. We are normally prohibited to sell an item - even to a gentile - which is prohibited for the consumer, due to the halacha of "lifnei ever lo titein michshol" - do not place a stumbling block in front of the blind.

There seem to be two possible approaches. Either, we can, in fact, assume that eggs are prohibited for gentiles and somehow weave out of the "lifnei ever" issue. Or, we must find some source to permit eggs for gentiles. See Chatam Sofer, ibid.