Toldot 5761 - Rabbi Gedalia Hochberg

When referring to young goats the Torah does not suffice with the wordg'dayei but further qualifies ha'izim; this teaches us that when the word gedi appears on its own, it does not specifically refer to a goat, but to all kosher animals. This derivation is quite important for the laws of basar b'chalav - the prohibition to cook milk and meat together, or to eat or benefit from this prohibited combination. The Torah in this context does not write basar, but rather gedi - lo tvashel gedi bachalev imo. Does gedi refer only to goats' meat or to all kosher animals? The Gemara (Chullin 113) quotes our verse as a source that the word gedi is not meant to exclude other kosher animals.

Nonetheless, non-kosher animals are not included in this prohibition ofbasar b'chalav. Obviously, this presents no real leniency in terms of eating, since we may not eat non-kosher meat, even without the issue of basar b'chalav. However, this is important in terms of the prohibition to cook or benefit from basar b'chalav. One who cooks pigs' meat with milk or benefits from the combination does not violate the prohibition of basar bchalav; one who cooks or benefits from the combination of cows' meat and milk will.

The Rema (Yoreh Deah 87), though, rules that nonetheless there is an issue of mar'it ayin that must be dealt with. Mari't ayin prohibits us from engaging in activities that seem to be a transgression of a Torah (and in some instances even of a rabbinic, see further.) prohibition. Thus, cooking pig's meat with milk will anyway be prohibited since pig's meat looks like that of a cow. The same goes for benefitting from pig's meat cooked with milk.

Mari't ayin, though, has its leniencies. The Rema himself maintains that it only applies to an act which may be confused with a Torah prohibition. However, if no such risk exists, but rather only a mistake regarding a rabbinic prohibition, mari't ayin does not apply. The Shach (ibid.) and many others reject this loophole, proving that the Gemara is concerned even with mari't ayin of a rabbinic prohibition.

Some explain (Nachalat Tzvi, ibid.) that even the Rema never intended to permit mari't ayin of a rabbinic prohibition in all instances, but rather only privately in one's own home. In such a case, the mari't ayin is more lenient, since no outsider will actually see his actions; thus, when dealing with mari't ayin of a rabbinic prohibition, it is permitted. Pri Megadim (ibid.) seems to also agree that in private, one need not be concerned with mari't ayin regarding a rabbinic prohibition. Thus, he may cook or benefit from the basar b'chalav of pigs' meat with milk in his home.

Our entire discussion deals with the meat of non-kosher species. What about cow's meat with an improper slaughtering (such as in non-kosher restaurants)? Is there a prohibition against cooking this meat with milk, or deriving benefit from the combination? Once again, eating it is out of the question, since it is no better than ordinary cow's meat without proper slaughtering. But what about cooking or deriving benefit from it?

The Gemara (ibid.) assumes that this is not excluded from gedi, and is, thus, included in the prohibition of basar b'chalav. Thus, cooking it with milk is absolutely forbidden. Eating it, though, does not violate basar b'chalav since the prohibition against eating non-slaughtered meat preceded it. (Meat from a living animal may not be consumed due to the prohibition of eiver min hachai which precedes the prohibition of basar b'chalav that comes only after the animal has been slaughtered and cooked with milk.) The Rishonim differ as to whether deriving benefit is also forbidden in this case. Some hold that the prohibition of deriving benefit does apply; after all, this cow's meat is not excluded from gedi - as mentioned - and the rule of ein issur chal al issur - (an item prohibited due to one restriction can not then become prohibited with a second restriction) does not apply, since one may derive benefit from meat without ritual slaughter. The Rambam, though, in his commentary to Mishnayot Kritut, has a novel explanation which permits the deriving of benefit from this sort of basar b'chalav (see ibid.). [If kosher milk was used, deriving benefit from the milk may be more problematic.]

It is important to note, though, that even according to the Rambam's leniency, we must once again resolve the issues of mari't ayin. Thus, even if one follows the Rambam, he cannot benefit from cow's meat - without ritual slaughtering - cooked with milk, unless the issue is only mari't ayin regarding a rabbinic prohibition. [It is beyond our present scope to discuss which forms of basar b'chalav are d'orayta and which d'rabbanan]. Even then, it is permitted only in private, as earlier mentioned.

This discussion is very relevant to the issue of animal food. Obviously, animals need not eat kosher. However, feeding is a form of benefit which is prohibited according to the laws of basar b'chalav or mari't ayin of basar b'chalav. Kashrut supervision is therefore essential in the production of animal food to ensure that the ingredients do not contain basar b'chalav, even though the meat used has not undergone ritual slaughtering.