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Friday, February 12, 2010

Parsha Halacha: Jewish Law in Mishpatim, by Rabbi Aryeh Citron

Since, in our previous post we spoke about the importance of learning and applying Jewish law, we've decided to give you a taste for it (no pun intended), given that this week's portion discusses the laws of Meat and Milk. "Parsha Halacha" is brought to you by Rabbi Aryeh Citron, an extraordinary rabbi and teacher from Surfside, FL. For more information, you may contact him directly at: rabbicitron@hotmail.com


Meat & Milk: The Law of the Torah

One of the important aspects of keeping kosher is the proper separation of milk & meat. This prohibition is derived from the verse : “Do not cook a kid in it’s mother’s milk”. This verse is repeated in the Torah three times. Twice in Exodus[1], & in Deuteronomy [2]. The sages [3] explained that the repetition of this verse teaches us that not only is it forbidden to cook meat & milk, but it’s also forbidden to then eat it or benefit from it.

The Hebrew word “gdi” is understood to mean any young domestic animal & not necessarily a goat[4]. In fact by Torah law, it is forbidden to cook & eat etc. the meat of any domestic animal in any milk. The Torah simply gives an example of a kid in its mother’s milk as that was common practice in ancient times[5].

The Reason

Several reasons have been suggested for this mitzvah. Some say that it is considered cruel to cook a baby in the very milk that was intended to nourish it. The Torah forbids the cooking & consumption of any milk with any meat lest one come to cook a kid in its mother’s milk[6].

Some suggest that the reason for this Mitzvah is health related[7].

Maimonides[8] says that there was an ancient pagan ritual which involved the cooking & consumption of meat & milk. This mitzvah was to distance the Jewish people from this behavior. The Seforno[9] suggests that the pagans did this in order to elicit a blessing for their crops or flocks to be plentiful.

Others say that Kabalisticly meat represents Gevurah – judgment & milk represents chessed – kindness & these two are not supposed to mix (directly) with each other.[10]

In any event it is clear that the main reason of this Mitzvah is beyond comprehension. Hence, it is referred to as a “chok” – a statute that we fulfill simply because it is the will of G-d, although we don’t understand it[11].

Rabbinic Laws

Since the Torah was somewhat vague in defining this Mitzvah, the rabbis felt it necessary to safeguard it by adding various restrictions to it. They felt that without these additional prohibitions, people would mistakenly think that the only forbidden thing is to actually cook a baby goat in its mother’s milk[12].

The following prohibitions were added by the rabbis:

· By Torah law only the meat of a domestic animal may not be cooked (or eaten) with milk, the rabbis added that one may not cook (or eat) the meat of a kosher wild animal or a bird with milk[13].

· By Torah law one may not eat meat that was actually cooked with milk. The rabbis added that one may not eat meat & milk together even if they were not cooked together[14].

· In addition, the rabbis instituted that one must wait a certain amount of time between eating meat & milk to ensure no mixture of these foods in ones mouth[15].

· The rabbis also decreed that two people who know each other may not share a table if one is eating dairy products & the other is eating meat products unless they make a reminder to ensure that they will not share from each other’s plates[16].

Waiting Between Meat & Milk

The Talmud says that after eating meat, Mar Ukvah would wait until the next meal before eating dairy products[17]. Most commentaries understood this to mean that he would wait six hours which was the amount of time on an average day from the morning to the evening meal[18]. This is because the rabbis in those days would eat their morning meals around midday[19]. There are minority opinions that say that it’s sufficient to wait one hour[20] or three hours[21]. If one belongs to a community that follows those opinions one may lenient. Otherwise, one should wait six hours[22].

In any case, one may not eat milk after meat in the same meal even many hour later[23].

Why Wait?

The reason for the waiting time is twofold: Firstly since meat is fatty, the taste m’ay stay in someone’s mouth for a long time. After six hour, however, it dissipates[24]. Secondly, if meat gets stuck between one’s teeth it’s still considered meat for up to six hours[25]. In practice, if one finds meat stuck between their teeth after six hours, one should remove it before eating dairy products [26].

Based on these reasons:

· One who chews meat & then spit it out, must wait six hours before eating dairy products[27].

· One who drinks a clear broth of chicken or meat must also wait six hours[28].

· One who tastes a clear broth & then spits it out need not wait six hours[29].


Additional Laws

· It is customary that one who eats a dish that was cooked with meat also waits six hours before partaking of dairy foods[30].

· One who ate Pareve (food that is has neither milk nor meat) food that was cooked in a meaty pot, need not wait six hours. This is true even if the pot wasn’t completely clean[31].

· One may not eat meat & milk products on the same tablecloth if it wasn’t washed in between[32].

· One shouldn’t eat the pieces of bread that were on the table during a meat meal – with dairy products or vice versa[33].

For Children

· Very young children do not need to wait between meat & milk. It is best to feed them something else in between. [34]

· For children from age three to five it is sufficient to wait one hour in between[35].

· Generally children six & older should wait six hours in between meat & milk. In a case of need such as a child with a weak constitution, however one may be lenient with waiting for one hour for children up to age nine[36].

Between Milk & Meat

Since the taste of dairy products are not so strong & their pieces do not generally get stuck in one’s mouth, it’s not necessary to wait so long after eating a dairy product before eating meat. According to the law of the Talmud[37], it’s sufficient to eat & drink something in order to cleanse the mouth of any residual dairy. The food may be any type of food besides flour, dates & vegetables which don’t clean the mouth sufficiently[38]. The Zohar[39] says that one should not eat milk & meat in the same hour. For this reason it is the Chabad custom to refrain from eating meat for a full hour after eating dairy. One who does this need not eat or drink in between[40]. Many other communities have a custom of waiting only a half hour before eating meat. They understand that word “sha’ah” in the Zohar to mean a time periods & not an hour specifically.

Some say that one may not eat meat after dairy products during the same meal[41]. [42]Others disagree.

Hard Cheese

The Maharam (Rav Mei’r of Rothenberg 1215 - 1293) once found a piece of cheese several hours after eating cheese. Subsequently he would wait six hours after eating cheese before eating meat. It is proper for Ashkenazim to follow this opinion & wait after eating hard cheese[43]. However, this only applies to cheese that was aged[44] or that has a very strong taste[45]. Two examples of this are Swiss cheese & Parmesan cheese.

Sharing a Table with an Acquaintance

As mentioned earlier two people who know each other may not share a table if one is eating dairy products & the other is eating meat products unless they make a reminder to ensure that they will not share from each other’s plates.

· This is true even if the two would not normally share food[46].

· The reminder may be: an object place on the table which is not usually there, a placemat under the plate of one &/or the other if this is unusual[47].

Footnotes:

[1] 23, 19 & 34, 26
[2] 14, 21
[3] Chullin 115b Rashi on the verse in Ex. ibid
[4] Chullin 113b Rashi ibid
[5] Ibn Ezra on Ex ibid
[6] Rashbam Ex. Ibid & Ramban on Deut 14, 21 See Likutei Sichos vol. 6, page 150 & 151
[7] Rabeinu Bachaye Ex. 23, 19
[8] Vol. 3 of Moreh Nevuchim 48
[9] Ex ibid
[10] See Rabeinu Bachaye ibid & Zohar Parshas Mishpotim 125a
[11] Rabeinu Bachaye ibid
[12] Maimonides Laws of The Laws of Forbidden Foods, 9, 4
[13] Chullin 113a Y.D. 87, 3
[14] Y.D. ibid, 1 & 89, 1
[15] Ibid
[16] Chullin 107b & Y.D. 88
[17] Chullin 105a
[18] Maimonides ibid 28, Rif on Chulin ibid
[19] Shabbos 10a
[20] Rama on Y.D. ibid, based on Tos. D.H. Leseudasa Chullin 105a The Shach 2 explains that although according t Tosfos all that is necessary is to end one meal & begin another, the custom was to wait an hour in addition to this. This might be related to the Zohar quoted below.
[21] See sources quoted in Darkei Teshuvah 89, 6 The basis of this opinion is: The Talmud says that Mar Ukva would wait from one meal to the next between milk & meat. On short winter days in the ancient Middle East, there was only a three hour break between the meals. If three hours was sufficient during the winter, logically the same should hold true for the year round.
[22] Aruch HaShulchan 89, 7
[23] Y.D. 89, 1 & Shach 5
[24] Rashi D.H. Assur Chullin 105a
[25] Maimonides ibid
[26] Taz 89, 1
[27] Ibid
[28] Ibid
[29] See Badei HaShulchan 89, 38
[30] Rama 89, 3
[31] Ibid & Shach 19
[32] Y.D. 89, 4
[33] Ibid
[34] Badei HaShulchan 89, 37 & Tziyunim 61
[35] I heard this from Rav Moshe Shaul Klein Sheyichyeh of Bnei Berak
[36] See Badei HaShulchan ibid
[37] Chullin 105a
[38] Y.D. 89, 2
[39] Parshas Mishpotim 125a
[40] Sha’arei Halacha UMinhag vol. 3 pg. 38
[41] Minchas Ya’akov 76, 5
[42] Magen Avraham 494, 6
[43] Rama 89, 2
[44] Shach 89, 15
[45] Taz 89, 4
[46] Shach 88, 5
[47] Y.D. 88, 2

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