Daf 115 — Chullin 115 Summary

Chullin 115 – Good Morning Raboisai How Do We Know Basar B’chalav May Not Be Eaten? The Torah explicitly says: • Do not cook meat and milk together But where does the Torah say: • Do not eat it? Rav Ashi derives it from the general prohibition: • לא תאכל כל תועבה • Do not eat anything made abominable through a prohibited act The Principle If the Torah tells us: • Not to perform a particular act with food Then food produced through that prohibited act: • May not be eaten Therefore, since the Torah prohibits: • Cooking meat with milk The resulting Basar b’chalav: • May not be eaten. איסור הנאה – Benefit from Basar B’chalav How Do We Know We Cannot Benefit from It? Rebbe Abahu teaches in the name of Rebbe Elazar: Whenever the Torah uses expressions such as: • לא יאכל • לא תאכל • לא תאכלו The prohibition generally includes: • Eating • And deriving benefit Unless: • The Torah specifically permits benefit. Therefore Once Basar b’chalav is included in a prohibition of eating: • Benefit is also prohibited Unless we find: • A specific Torah exception. Neveilah – An Exception Neveilah May Be Sold or Given Away The Torah says regarding neveilah: Although: • A Jew may not eat it He may: • Give it to a Ger Toshav • Or sell it to a non - Jew What Does This Show? Normally, wording prohibiting eating can also prohibit: • Benefit But neveilah is different because: • The Torah specifically permits benefit from it. Rebbe Meir & Rebbe Yehudah Rebbe Meir understands that neveilah may be: • Given or sold to a Ger Toshav • Given or sold to a non - Jew Rebbe Yehudah disagrees. He understands the Torah more literally: • Give it to the Ger Toshav • Sell it to the non - Jew. Why? Rebbe Yehudah focuses on the Torah's word: • “Or” This separates: • Giving to the Ger • From selling to the non - Jew. Giving to a Ger Toshav Comes First Even according to Rebbe Meir: If there is a choice between: • Giving the neveilah to a Ger Toshav • Selling it to a non - Jew There is a preference to: • Give it to the Ger Toshav. Why? The Torah commands us: • To support the Ger Toshav Therefore: • Helping him takes priority. The transcript brings Tosafos explaining that this does not mean a person must suffer: • A substantial financial loss The preference applies where: • The loss from giving it away is relatively small. Why Doesn’t “Do Not Eat Any Abomination” Apply Everywhere? Food Produced Through Shabbos If every forbidden act involving food makes the result forbidden, the Gemara asks: What about food produced through: • A prohibited act on Shabbos? Why isn't that food permanently forbidden? Answer The Torah says regarding Shabbos: • “It is holy to you” Meaning: • Shabbos itself is holy But: • The product created through the prohibited act does not automatically become holy or forbidden. Therefore: • The general rule of “do not eat any abomination” cannot simply be applied here. Plowing with Two Different Animals The Gemara asks similarly: If someone: • Plows with an ox and donkey together Or: • Muzzles an animal while it works Why isn't the produce created through that prohibited act forbidden? Answer These can be learned from: • Shabbos Shabbos is: • A much more severe prohibition Yet: • The product of the prohibited act does not become permanently forbidden Certainly: • The produce from these lesser prohibitions need not become forbidden. Why Is Basar B’chalav Different? Basar b’chalav is fundamentally different. With Basar b’chalav: • The actual meat and milk are the objects involved in the prohibited act • And those same objects are subsequently eaten With plowing: • The Torah prohibited the act of plowing • The later produce is merely the result of that act. Therefore “Do not eat any abomination” applies more directly to: • Basar b’chalav Because one eats: • The very mixture created through the prohibited act. Kilayim – Mixed Seeds What About Planting Different Seeds Together? This seems closer to Basar b’chalav. The Torah prohibits: • Planting certain species together And the resulting plants are: • The actual items involved. Why then aren't all products of mixed planting: • Forbidden to eat or benefit from? Kil’ei Hakerem Is Different The Torah specifically teaches regarding: • Kil’ei hakerem – forbidden mixtures planted in a vineyard That they become: • Forbidden for benefit. What Does This Imply? This special prohibition applies specifically to: • Kil’ei hakerem Ordinary mixed seeds: • Do not receive the same prohibition of benefit. The Gemara continues to establish that: • Ordinary kilayim may also be eaten. Mixed Species of Animals The Torah prohibits: • Breeding different animal species together Nevertheless: • The resulting offspring may be eaten The Gemara derives this from the fact that: • Such an animal is specifically excluded from being brought as a korban This implies: • It is unsuitable for the Mizbe’ach • But remains permitted for ordinary use and eating. אותו ואת בנו Mother and Offspring Slaughtered on the Same Day The Torah prohibits: • Slaughtering a mother and its offspring on the same day Why doesn't the meat become forbidden because: • It resulted from a prohibited shechitah? Answer Such an animal is compared to: • Mechusar zman – an animal whose proper time has not yet arrived It may be restricted for: • Korban purposes But: • The meat remains permitted to an ordinary person. Therefore: • Violating Oso v’es Beno does not make the meat forbidden. שילוח הקן What About the Mother Bird? The Gemara asks about: • Shiluach Haken The Torah requires a person: • To send away the mother bird before taking the young. If he fails to do so: • Why doesn't the mother become forbidden as something involved in a prohibited act? Answer The Torah itself commands: • “Send away the mother” If the mother became permanently forbidden: • The Torah would effectively be sending a forbidden item out into the world Where: • Someone else could unknowingly eat it. Therefore: • The mother does not become permanently forbidden. Further Sources for Basar B’chalav Reish Lakish – Korban Pesach Reish Lakish gives another source that Basar b’chalav is forbidden. Regarding Korban Pesach, the Torah uses: • An extra expression relating to cooking Basar b’chalav is also uniquely defined by: • A prohibition of cooking. Therefore, Reish Lakish connects: • The two prohibitions To derive: • The prohibition of Basar b’chalav. Rebbe Yochanan Challenges Reish Lakish Rebbe Yochanan tells Reish Lakish: • There is a better source from the teaching of Rebbe. Rebbe derives the prohibition from: • פסולי המוקדשין • A consecrated animal that developed a blemish and was redeemed. Such an animal contains aspects of: • Kodshim • Chullin It is therefore treated in certain respects as: • Two types combined together. Why Is That Similar to Basar B’chalav? Basar b’chalav also consists of: • Two separate types • Meat and milk The Torah has an extra expression: • “You shall not eat it” Regarding Pesulei Hamukdashin. Rebbe applies this extra prohibition to: • Basar b’chalav Because both involve: • A combination of two distinct types. Why Does Reish Lakish Need Another Source? The Gemara explains: Rebbe’s source establishes: • The prohibition against eating Basar b’chalav But Reish Lakish wants a source for: • The prohibition of benefit as well. Therefore: • He derives it from Korban Pesach. Another Source for איסור הנאה Selling Neveilah – But Don't Cook It with Milk The Torah discusses neveilah and says: • It may be given or sold In the same passage, it says: • Do not cook a gedi in its mother’s milk. The Gemara understands: When selling the neveilah: • Sell it as it is But: • Do not first cook it with milk. Why? Once it becomes Basar b’chalav: • One may no longer benefit from it Therefore: • It cannot even be prepared as Basar b’chalav for the purpose of selling it. This provides another source for: • Issur hana’ah of Basar b’chalav. The Familiar Threefold Prohibition Three Times “Do Not Cook” The Torah states three times: • Do not cook a gedi in its mother’s milk The familiar teaching uses these three repetitions for: • Cooking • Eating • Deriving benefit Important The Gemara has already presented: • Several other sources Before reaching this familiar derivation. The three repetitions provide the direct source for the three separate prohibitions of: • Bishul • Achilah • Hana’ah. Another Derivation – “Kadosh” Basar B’chalav & Treifah Another teaching derives the prohibition of eating Basar b’chalav through a Gezeirah Shavah. Regarding Basar b’chalav it says: • “For you are a holy nation” Regarding treifah it also uses: • “Holy” Therefore Just as: • Treifah may not be eaten So too: • Basar b’chalav may not be eaten. How Do We Know It Is Also Forbidden for Benefit? Learning from Orlah The Gemara attempts a Kal Vachomer from: • Orlah Orlah: • Was not created through a prohibited act Yet: • It is forbidden for benefit. Basar b’chalav: • Is created through the prohibited act of cooking Certainly: • It should be forbidden for benefit. Problem Orlah has a special stringency: • It never had a period when it was permitted The fruit is forbidden: • From the moment it comes into existence during the first three years. Basar b’chalav is different: • The meat was permitted • The milk was permitted • Only their combination creates the prohibition. Learning from Chametz on Pesach The Gemara therefore turns to: • Chametz on Pesach Chametz: • Was permitted before Pesach • And later becomes forbidden It is also: • Forbidden for benefit. This appears closer to: • Basar b’chalav. Problem Chametz on Pesach is more severe because: • Eating it carries Kares. Therefore: • It cannot independently prove Basar b’chalav. Kil’ei Hakerem The Gemara adds: • Kil’ei hakerem This too: • Is forbidden for benefit But: • Does not carry the same Kares as chametz. The Gemara therefore considers combining: • Orlah • Chametz • Kil’ei hakerem The Tzad Hashaveh Although each has its own unique stringency: They share: • A prohibition of eating • And a prohibition of benefit. From their common denominator: • Basar b’chalav could also be derived as forbidden for benefit. Why Do We Still Need the Gezeirah Shavah? The Gemara asks: If Basar b’chalav can be learned from: • Orlah • Chametz • Kil’ei hakerem Why did we first need: • The Gezeirah Shavah from treifah To establish that it may not be eaten? The Challenge The comparison is not complete. There are other Torah prohibitions where: • A person performs a forbidden act Yet: • The resulting item remains permitted. Therefore: • The broader comparison cannot by itself establish every aspect of Basar b’chalav And: • The specific Torah derivation remains necessary. Key Chazarah • Rav Ashi derives the prohibition of eating Basar b’chalav from “Do not eat any abomination” – food created through a prohibited act may itself become forbidden. • Rebbe Abahu teaches that expressions prohibiting eating generally also prohibit benefit unless the Torah specifically permits it. • Neveilah is an exception because the Torah explicitly allows it to be given to a Ger Toshav or sold to a non - Jew. • Rebbe Meir and Rebbe Yehudah disagree about whether giving and selling apply to both recipients; supporting a Ger Toshav takes priority where the financial loss is small. • Products created through Shabbos, prohibited plowing and similar aveiros do not automatically become forbidden; Basar b’chalav is different because the actual prohibited mixture is subsequently eaten. • Ordinary mixed seeds and offspring created from mixed animal species remain permitted; Kil’ei Hakerem is specifically forbidden for benefit. • Meat from Oso v’es Beno remains permitted, and the mother bird in Shiluach Haken does not become permanently forbidden. • Reish Lakish derives Basar b’chalav from Korban Pesach, while Rebbe derives its eating prohibition from Pesulei Hamukdashin. • The placement of Basar b’chalav next to the law permitting benefit from neveilah provides another source that Basar b’chalav itself may not be used for benefit. • The Torah’s three repetitions of “Do not cook” are the familiar source for the prohibitions of cooking, eating and deriving benefit. • Another teaching derives the eating prohibition through a Gezeirah Shavah from treifah using the word “holy.” • The Gemara attempts to derive the prohibition of benefit through Orlah, Chametz on Pesach and Kil’ei Hakerem, eventually combining their common denominator. 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