Daf 114 — Chullin 114 Summary

Chullin 114 – Good Morning Raboisai Does One Prohibition Take Effect on Top of Another? The Gemara returns to Shmuel’s teaching that the Torah includes: • Cheilev – forbidden fat • In the prohibition of Basar b’chalav Meaning: • Even though cheilev is already forbidden • Cooking it with milk can create an additional prohibition of Basar b’chalav. The Question This appears to show that Shmuel holds: • Issur chal al issur • One prohibition can take effect on something already prohibited But elsewhere, regarding a tamei Kohen eating tamei terumah, Shmuel appears to hold: • Ein issur chal al issur • A second prohibition does not take effect. Three Ways to Explain Shmuel The Gemara gives three possibilities: 1. Shmuel generally holds: • Issur chal al issur Terumah is different: • Because of a special Torah teaching. 2. Shmuel generally holds: • Ein issur chal al issur Basar b’chalav is different: • Because the Torah specifically includes cheilev through the extra word “gedi.” 3. The two statements represent: • Shmuel • And his Rebbe Meaning: • They did not necessarily hold the same opinion. What Counts as “Its Mother’s Milk”? Milk from an Animal That Has Not Yet Given Birth The Torah says: • “Do not cook a gedi in its mother’s milk” The Gemara asks about milk from: • A female animal that has not yet given birth She is not yet: • A mother Is her milk included? Answer Yes. The Torah excludes: • Milk from a male But milk from a female: • Is included • Because she is capable of becoming a mother. Therefore: • Her milk is included in Basar b’chalav even before she has given birth. Cheilev Cooked with Milk A Machlokes About Malkus Rebbe Ami and Rebbe Assi discuss: • One who cooks cheilev – forbidden animal fat – with milk One says: • He receives malkus The other says: • He does not. First Explanation Perhaps they disagree about: • Issur chal al issur The cheilev is already forbidden. Can: • Basar b’chalav Take effect as: • An additional prohibition? Cooking and Eating Are Different The Gemara rejects that simple explanation. Everyone may agree that regarding eating: • The Basar b’chalav prohibition cannot necessarily take effect on top of the existing cheilev prohibition The machlokes could instead concern: • Cooking The Question Even if one cannot receive malkus for eating the cheilev with milk: Can he still receive malkus for: • Cooking them together? One view: • Yes • Cooking is an independent Torah prohibition The other view: • No • If this combination cannot create the eating prohibition of Basar b’chalav, it also does not create the cooking prohibition. Another Explanation The Gemara gives the opposite possibility: Everyone agrees: • One receives malkus for cooking cheilev with milk Because: • He has performed the prohibited act of cooking meat and milk together The machlokes concerns: • Eating it One view: • Ein issur chal al issur • Therefore, no additional malkus for eating Basar b’chalav The other view: • Since the Basar b’chalav prohibition applies to its cooking • It can also apply to its eating. What Is Not Considered Basar B’chalav? Whey, Blood, Bones & Sinews A Beraisa lists several cases where cooking with milk does not create the Torah prohibition of Basar b’chalav. One who cooks meat with: • Mei chalav – the watery liquid separated from milk Is exempt. Similarly, one who cooks milk with: • Blood • Bones • Sinews • Horns • Hooves Is exempt. Why? These are not considered: • Regular meat and milk Required for the Torah prohibition. Pigul, Nosar & Tamei Meat The Beraisa continues: If one cooks milk with meat that is already forbidden as: • Pigul • Nosar • Tamei He is liable for Basar b’chalav. What Does This Show? These foods were: • Already forbidden Yet: • Basar b’chalav can still take effect This appears to support: • Issur chal al issur. Gemara’s Answer That Beraisa may simply follow: • The Tanna who holds issur chal al issur Therefore: • It does not establish the rule according to everyone. מי חלב – Whey Is Whey Considered Milk? The Gemara discusses: • Mei chalav – the watery liquid that separates from milk Regarding Basar b’chalav: • Cooking meat in it does not create the regular Torah prohibition But Reish Lakish explains: • This does not mean it is never considered milk. Whey Can Prepare Food to Become Tamei Before food can become tamei: • It must first come into contact with one of the qualifying liquids Milk is: • One of those liquids. Reish Lakish explains that whey: • Is considered milk for making food susceptible to tumah But: • It is not considered milk for the Torah prohibition of cooking Basar b’chalav. Key Distinction The definition of “milk” can therefore differ: • Depending on the particular halacha being discussed. Which Animals’ Milk Is Included? Milk from a Cow or Sheep The Torah says: • “In its mother’s milk” The Gemara asks: How do we know the prohibition is not limited to: • A goat’s own mother’s milk? Perhaps milk from: • A cow • A sheep • Or another kosher animal Should be permitted. The Kal Vachomer The Gemara initially attempts a kal vachomer. A mother and her offspring: • May breed with each other • Yet cooking the offspring in its mother’s milk is forbidden Other animals that have: • Greater restrictions concerning breeding Should certainly have their milk included. But Why Do We Need a Pasuk? The Torah nevertheless teaches: • “Its mother’s milk” To include: • Milk from other kosher animals. The Gemara asks: • Why is the pasuk necessary if we already have a kal vachomer? Rav Ashi – The Kal Vachomer Can Be Challenged Rav Ashi answers: The mother has a special stringency: • Oso v’es beno One may not slaughter: • A mother and its offspring on the same day That stringency does not apply: • Between unrelated animals Therefore: • The kal vachomer is not conclusive And: • The pasuk is necessary. Milk of an Older Sister A Goat with Its Older Sister’s Milk The Gemara asks: How do we know that one may not cook a goat: • In the milk of its older sister? “Older sister” means: • She was born in a previous Maaser Beheima year Therefore: • She cannot be included together with her younger sibling for Maaser Beheima. Another Kal Vachomer The Gemara attempts to derive this from: • The mother A mother and offspring can sometimes: • Belong to the same Maaser Beheima year Yet: • Her milk is forbidden with her offspring. An older sister: • Cannot be included in the same Maaser Beheima year Therefore: • Her milk should certainly be forbidden. Problem Again, the mother has the special stringency of: • Oso v’es beno Therefore: • The comparison is not complete. Building the Law from Several Cases The Gemara combines several cases: • The mother • An unrelated cow • The older sister Each has: • A stringency the others do not have But together: • They establish that milk does not need to come specifically from the animal’s actual mother. From their common denominator: • The Gemara can also include the milk of a younger sister. This is a classic: • Tzad hashaveh – deriving a law from the common feature of several cases. Cooking an Animal in Its Own Milk What About the Mother Herself? The Gemara asks another unusual question: The Torah explicitly prohibits cooking: • An offspring in its mother’s milk But how do we know one may not cook: • The mother itself • In its own milk? A Third Kal Vachomer The Gemara again attempts a kal vachomer. If the Torah prohibits: • One offspring together with another product of the mother – her milk Then certainly: • The mother herself should be forbidden with her own milk. Again, however: • The Gemara examines whether the comparison is valid. The Gemara Tests the Comparison The Gemara explores examples involving: • Breeding animals of different species • Slaves who have been freed • Different relationships between a “mother” and her “offspring” The purpose is to determine: • Whether an offspring can sometimes have a stricter relationship with another offspring than with its own mother If so: • The proposed kal vachomer cannot be relied upon. Kilayim – The Final Comparison The Gemara ultimately compares this to: • Kilayim – planting mixed species Two different seeds: • Do not create a prohibition merely by being placed together The prohibition occurs when: • They are planted in the ground The ground is compared to: • Their “mother” Therefore The relationship between: • A product • And its source Cannot simply be derived from the earlier kal vachomer. Therefore: • A Torah teaching is needed to establish the Basar b’chalav prohibition even when the animal is cooked in its own milk. Key Chazarah • Shmuel includes cheilev in Basar b’chalav, leading to the question whether he holds issur chal al issur. • The Gemara gives three ways to reconcile Shmuel’s apparently conflicting statements. • Milk from a female animal that has not yet given birth is included in Basar b’chalav; milk from a male is excluded. • Rebbe Ami and Rebbe Assi disagree about cooking cheilev with milk, and the Gemara explains their machlokes in terms of the separate prohibitions of cooking and eating. • Whey, blood, bones, sinews, horns and hooves do not create the regular Torah prohibition of Basar b’chalav when cooked with milk. • Pigul, nosar and tamei meat can still be subject to Basar b’chalav according to the view that issur chal al issur. • Whey is not considered milk for Basar b’chalav, but is considered a liquid capable of preparing food to receive tumah. • The Gemara uses and then challenges a kal vachomer to determine how we know milk from animals other than the actual mother is included. • Oso v’es beno – the prohibition against slaughtering a mother and offspring on the same day – repeatedly prevents the proposed kal vachomers from being conclusive. • The Gemara discusses milk from an older and younger sister and uses a common - denominator argument to include them. • Finally, the Gemara investigates how we know an animal may not be cooked in its own milk, testing comparisons involving breeding, slaves and kilayim. 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