Big Question: How do we deal with ambiguity in Jewish law?
Questions for Consideration:
- Why is it that fowl meat can go on a table with cheese, but beef (or any kosher meat) cannot?
- Why are fish and locusts considered as a different category of meat altogether?
מתני׳ המעלה את העוף עם הגבינה על השלחן אינו עובר בלא תעשה: גמ׳ הא אוכלו עובר בלא תעשה שמע מינה בשר עוף בחלב דאורייתא אימא המעלה את העוף עם הגבינה על השולחן אינו בא לידי לא תעשה: מתני׳ בשר בהמה טהורה בחלב בהמה טהורה אסור לבשל ואסור בהנאה בשר בהמה טהורה בחלב בהמה טמאה בשר בהמה טמאה בחלב בהמה טהורה מותר לבשל ומותר בהנאה ר"ע אומר חיה ועוף אינם מן התורה שנאמר (שמות כג, יט) לא תבשל גדי בחלב אמו ג' פעמים פרט לחיה ולעוף ובהמה טמאה רבי יוסי הגלילי אומר נאמר (דברים יד, כא) לא תאכלו כל נבלה ונאמר לא תבשל גדי בחלב אמו את שאסור משום נבלה אסור לבשל בחלב עוף שאסור משום נבלה יכול יהא אסור לבשל בחלב ת"ל בחלב אמו יצא עוף שאין לו חלב אם:
גמ׳ מנא הני מילי א"ר אלעזר אמר קרא (בראשית לח, כ) וישלח יהודה את גדי העזים
MISHNA: One who places the meat of birds with cheese on the table upon which he eats does not thereby violate a Torah prohibition. GEMARA: The Gemara suggests: Since the mishna mentions only that placing meat of birds and milk on one table does not violate a Torah prohibition, one may consequently infer that if one eats them together he does violate a Torah prohibition. If so, learn from the mishna that meat of birds in milk is prohibited by Torah law, contrary to the opinion of Rabbi Akiva, who maintains that it applies by rabbinic law. The Gemara responds: Say that the mishna should be understood as follows: One who places bird meat with cheese on the table will not thereby come to violate a Torah prohibition, since eating the two together is a rabbinic prohibition, as Rabbi Akiva maintains. MISHNA: It is prohibited to cook the meat of a kosher animal in the milk of any kosher animal, not merely the milk of its mother, and deriving benefit from that mixture is prohibited. It is permitted to cook the meat of a kosher animal in the milk of a non-kosher animal, or the meat of a non-kosher animal in the milk of a kosher animal, and deriving benefit from that mixture is permitted. Rabbi Akiva says: Cooking the meat of an undomesticated animal or bird in milk is not prohibited by Torah law, as it is stated: “You shall not cook a kid in its mother’s milk” (Exodus 23:19, 34:26; Deuteronomy 14:21) three times. The repetition of the word “kid” three times excludes an undomesticated animal, a bird, and a non-kosher animal. Rabbi Yosei HaGelili says that it is stated: “You shall not eat of any animal carcass” (Deuteronomy 14:21), and in the same verse it is stated: “You shall not cook a kid in its mother’s milk.” This indicates that meat of an animal that is subject to be prohibited due to the prohibition of eating an unslaughtered carcass is prohibited for one to cook in milk. Consequently, with regard to meat of birds, which is subject to be prohibited due to the prohibition of eating an unslaughtered carcass, one might have thought that it would be prohibited to cook it in milk. Therefore, the verse states: “In its mother’s milk,” excluding a bird, which has no mother’s milk.
GEMARA: The Gemara asks: From where are these matters derived? Rabbi Elazar said: The verse states: “And Judah sent the kid of the goats” (Genesis 38:20).
Questions for Consideration
- What is the purpose of tearing the utter and the heart?
GEMARA: The Gemara relates: In Sura they would not eat udders at all, even torn and roasted. But in Pumbedita they would eat udders. Rami bar Tamrei, who is also called Rami bar Dikulei, from Pumbedita, arrived in Sura on the eve of Yom Kippur. Since it is a mitzva to eat and drink then, large quantities of meat were cooked, and everyone brought out their udders from the animals they had slaughtered and threw them away. Rami bar Tamrei went and gathered the udders, roasted them, and ate them, in accordance with his custom. The residents of Sura brought Rami bar Tamrei before Rav Ḥisda, who said to him: Why did you do this? Rami bar Tamrei said to Rav Ḥisda: I am from the place of Rav Yehuda, who eats udders, and this is the accepted custom in Pumbedita. Rav Ḥisda said to him: And do you not hold by the principle that the Sages impose upon a traveler the stringencies of the place that he left and also the stringencies of the place to which he went? You should have accepted the stringency of Sura and not eaten the udders. Rami bar Tamrei said to Rav Ḥisda: That principle applies only to one who remains in the place he is visiting, but I ate the udders outside the boundaries of Sura. Rav Ḥisda further asked Rami bar Tamrei: And with what did you roast the udders? Rami bar Tamrei said to him: I roasted them with grape seeds [purtzenei] I found in the vines there. Rav Ḥisda objected: But how could you roast the udders with grape seeds, as perhaps they were from wine used for a libation to idolatry, from which it is prohibited to derive benefit. Rami bar Tamrei said to him: These were old seeds that still lay there after twelve months had passed since the grapes were used, and any prohibition had expired, as by that point they are assumed to have lost any prohibited liquid that previously remained inside (see Avoda Zara 34a). Rav Ḥisda further objected: But perhaps these seeds were from stolen property, i.e., they belonged to someone and it was prohibited for you to take them. Rami bar Tamrei said to him: Even so, in this case there was certainly despair of the owners of recovering them, as grass was growing among them. Since the owners had allowed them to lie there for so long, they had clearly given up all hope of retrieving them.
Questions for Consideration:
- How do the rabbis deal with the ambiguity of the utter in Sura vs Pumpadita?