IS ISUR CHAL AL ISUR?
(R. Ami or R. Asi): One who cooks Chelev with milk is lashed.
(The other of R. Ami and R. Asi): He is not lashed.
Suggestion: They argue about whether Isur Chal Al Isur. (The Chelev was already forbidden.)
Rejection: No. All agree that Ein Isur Chal Al Isur;
Version #1: All agree that one is not lashed for eating Basar v'Chalav. They argue about whether one is lashed for cooking it.
One holds that cooking it is an Isur unto itself;
The other opinion holds that since (in this case) one is not liable for eating Basar v'Chalav, one is not liable for cooking it.
Version #2: All agree that he is lashed for cooking it. They argue about whether he is lashed for eating it.
One exempts, because Ein Isur Chal Al Isur;
The other is Mechayav. Since one is liable for cooking it, one is liable for eating it.
Version #3: They do not argue. One is Mechayev for cooking it, and the other exempts for eating it.
Question (Beraisa): One who cooks any of the following is exempt:
Meat in whey; blood in milk; bones, sinews, horns or hooves in milk.
One is liable for cooking Basar v'Chalav even for meat (of Kodshim) that was Pigul (it was offered with intent to eat the meat after the allotted time), Nosar (after the allotted time) or Tamei.
Answer: This Tana holds that Isur Chal Al Isur.
WHICH MILK IS FORBIDDEN WITH MEAT?
(Beraisa): One who cooks meat in whey is exempt.
This supports Reish Lakish;
(Mishnah): Whey is like milk; juice that drips from olives is like oil.
(Reish Lakish): This is only regarding Hechsher of food to receive Tum'ah. Regarding Basar v'Chalav, whey is not like milk.
(Beraisa #1) Question: The Torah discusses "Gedi ba'Chalev Imo." What is the source to include milk of a cow or sheep (i.e. that the Isur to cook a goat with milk applies to them? Tosfos - Gedi can refer to any species. We ask about cooking a species in milk of another species.)
Answer: A Kal va'Chomer teaches this:
We may mate a goat with its mother, yet we may not cook it in its mother's milk. We may not mate a goat with a cow or sheep, all the more so we may not cook it in their milk!
"Ba'Chalev Imo" is extra, to include milk of a cow or sheep.
Question: Why do we need a verse? The Kal va'Chomer teaches this!
Answer (Rav Ashi): The Kal va'Chomer can be refuted;
We learned from (the Isur to cook a kid in milk of) its mother. Perhaps the Torah is more stringent about the mother, just like it forbids Oso v'Es Beno (slaughtering an animal and its mother on the same day)!
Therefore, the verse is needed.
Version #1 (brought in Rashi) - (Beraisa #2) Question: The Torah discusses "(Gedi) ba'Chalev Imo." What is the source to include cow's milk?
Answer: A Kal va'Chomer teaches this:
We may enter a goat into the pen (for taking Ma'aser) with its mother, yet we may not cook it in its mother's milk. We may not enter a goat the pen with a cow, all the more so we may not cook it in cow's milk!
"Ba'Chalev Imo" is extra, to include cow's milk.
Question: Why do we need a verse? The Kal va'Chomer teaches this!
Answer (Rav Ashi): The Kal va'Chomer can be refuted;
We learned from its mother. Perhaps the Torah is more stringent about the mother, just like it forbids Oso v'Es Beno!
Therefore, the verse is needed.
(Continuation of Beraisa #2) Question: What is the source to include milk of a sheep?
Answer: We learn from a kid's mother and a cow:
Question: May we learn from one of them?
Suggestion: We may learn from a kid's mother.
Objection: Perhaps the Torah is more stringent about the mother, just like it forbids Oso v'Es Beno!
Answer: It may not be cooked in milk of a cow, even though it may be slaughtered on the same day like a cow.
Question: Perhaps the Torah is more stringent about a cow, since a goat may not enter the pen (for Ma'aser) with a cow!
Answer: We find that it may not be cooked in its mother's milk, even though it may enter the pen with its mother!
The stringencies of its mother and a cow are different. The Tzad ha'Shavah (what is common to both) is that they are animals, and one may not cook a kid in their milk. The same applies to sheep.
Question: We learned a cow from the verse, and a small sister (sheep) from the Tzad ha'Shavah;
Perhaps the verse includes (a sheep), and the Tzad ha'Shavah of a kid's mother and sheep teaches about a big sister (cow)!
Version #2 (R. Yosef Tuv Elem, brought in Rashi) - (continuation of Beraisa #1) Question: What is the source to include milk of a big sister (an old goat, which already was tithed)?
Answer: A Kal va'Chomer teaches this:
We may enter a kid into the pen (for Ma'aser) with its mother, yet we may not cook it in its mother's milk. We may not enter a kid into the pen with its big sister (for the latter was already tithed), all the more so it may not be cooked in milk of a big sister!
"Ba'Chalev Imo" is extra, to include milk of a big sister.
Question: Why do we need a verse? The Kal va'Chomer teaches this!
Answer (Rav Ashi): The Kal va'Chomer can be refuted.
We learned from its mother. Perhaps the Torah is more stringent about the mother, just like Oso v'Es Beno is forbidden!
Therefore, the verse is needed.
(Continuation of Beraisa #1) Question: What is the source to include milk of a small sister (that has not been tithed)?
Answer: We learn from its mother and a big sister:
Question: May we learn from one of them?
Suggestion: Perhaps we learn from its mother.
Objection: Perhaps the Torah is more stringent about the mother, like it is regarding Oso v'Es Beno!
Answer: We find that a kid may not be cooked in milk of a big sister, even though they may be slaughtered on the same day.
Question: Perhaps the Torah is more stringent about a big sister, since a kid may not enter the pen with a big sister!
Answer: A kid may not be cooked in its mother's milk, even though it may enter the pen with its mother!
The stringencies of its mother and a big sister are different. The Tzad ha'Shavah is, they are meat, and one may not cook a kid in their milk. The same applies to a small sister.
Question: Likewise, we should not need a verse to include a small sister, we can learn a from a Tzad ha'Shavah (of its mother and a cow)! (end of Version #2)
Answer: Indeed, that is correct!
Question: If so, what do we learn from the extra "ba'Chalev Imo"?
Answer: This teaches like the following Beraisa.
AN ANIMAL IN ITS OWN MILK
(Beraisa) Question: The Torah discusses "ba'Chalev Imo." What is the source to include its own milk?
Answer: We learn from a Kal va'Chomer:
One may slaughter two products (children) of an animal in one day, but one may not slaughter one product with the mother;
We may not cook one product (milk) with another product (its child). All the more so, one may not cook one product (milk) with the mother!
"Ba'Chalev Imo" is extra, to include milk of an old goat.
Question: Why do we need a verse? The Kal va'Chomer teaches this!
Answer #1 (Rav Achdevoy bar Ami): The Kal va'Chomer can be refuted:
If a female horse had a son from a horse, and a daughter (mule) from a donkey, the two products (offspring) are forbidden (to mate) with each other, but the product (son) is permitted with its mother!
Rejection: There, the Isur (to mate them) is due to the father (but not because they are products of the same mother);
If a female horse had a son and daughter from donkeys, the offspring (mules) may mate with each other, but the son is forbidden with the mother!
Answer #2 (Mar brei d'Ravina): The Kal va'Chomer can be refuted:
If a female (Kena'ani slave) had a son and daughter, and the daughter was freed, the two products (children) are forbidden to (marry) each other, but the product (son) is permitted to his mother!
Rejection: There, the Isur is due to the freedom (but not because they are products of the same mother);
If the mother was freed but not the daughter, the children would be permitted to each other, but the son would be forbidden to his mother!
Answer #3 (Rav Idi bar Avin): The Kal va'Chomer can be refuted:
Vegetation is a product of the ground. One may not plant together diverse species, but either product is permitted to (be planted in) the mother (ground)!
Rejection: There, the products are forbidden only when planted in the ground (mother). One may place diverse species in a jar!
Answer #4 (Rav Ashi): The Kal va'Chomer learns from one product (milk) with another product (its child), which are two distinct entities. We cannot learn to a product (milk) with the mother, for they are like one entity!
THE ISUR TO BENEFIT
(Rav Ashi): The source to forbid eating Basar v'Chalav is "do not eat any abomination." Anything that the Torah forbade doing, one may not eat the result.
Question: What is the source to forbid benefit from it?
Answer: We learn like R. Avahu:
(R. Avahu): Wherever the Torah says "will not be eaten" or "do not eat," this also forbids benefit, unless there is a source to permit benefit, like we find regarding Nevelah.
(Beraisa - R. Meir) Question: "Do not eat any Nevelah. To a Ger (Toshav, i.e. a Ben No'ach who accepted to guard his Mitzvos) you will give it (for free)... or sell it to a Nochri (idolator)" permits giving it to a Ger or selling it to a Nochri. What is the source to permit selling it to a Ger?
Answer: "To a Ger you will give it... or sell."
Question: What is the source to permit giving it to a Nochri?
Answer: "You will give it... or sell it to a Nochri."
Conclusion: One may give or sell it to a Ger or Nochri.
R. Yehudah says, it is permitted only like the Torah says, a gift to a Ger or a sale to a Nochri.
Question: What is R. Yehudah's reason?
Answer: If the Torah meant like R. Meir, it should have said 'to a Ger you will give it... and sell... ';
Rather, it says "or sell," to teach that one may do only like the Torah said.
R. Meir says, "or" teaches that it is better to give it to a Ger than to sell it to a Nochri.
R. Yehudah says, since we are commanded to support a Ger but not a Nochri, we already know that a gift to a Ger is better.