7. Forms of milk:

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7. Forms of milk:

A. Milk from domestic Kosher animal:[1]

The milk from a domestic Kosher animal contains a Biblical Basar Bechalav prohibition.[2] This applies even if the milk is not Kosher due to it being a Treifa, as will be explained in B. See Halacha 5A!

  The status of white sugar:[3] In previous times, some were particular not to eat sugar with meat products as some seller whitened the sugar using goat milk. Others, however were not careful in this.[4] Practically, today this suspicion no longer exists and there is hence no need to abstain from eating sugar with meat.[5]

 

B. Non-Kosher milk:[6]

Milk from non-Kosher species of animals: The milk of a non-Kosher species of animals [i.e. horse, ham] does not contain a Basar Bechalav prohibition. Thus, from the letter of the law, it may be cooked with milk and benefited from.[7]  However, practically, it may not be cooked with meat due to Maras Ayin.[8]

Milk from a Kosher domestic animal which is a Treifa: The milk of a Kosher species of a domestic animal which is not Kosher due to it being a Treifa[9], retains a Biblical Basar Bechalav prohibition and it is thus Biblically forbidden to be cooked together with milk and one who does so receives lashes. See Halacha 5B regarding Neveila meat for the full details of this subject!

Milk of a Kosher animal which is not Chalav Yisrael: The milk of a Kosher species of a domestic animal which is not Kosher due to not being Chalav Yisrael, retains a Biblical Basar Bechalav prohibition, and is hence Biblically forbidden to be cooked eaten or benefited with meat.

C. Milk from Kosher wild animals:[10]

The milk of a wild Kosher animal does not contain a Biblical Basar Bechalav prohibition to cook and eat with meat. However, it does contain a Rabbinical Basar Bechalav prohibition against eating it with meat [and hence if it falls into a pot of meat it requires 60x]. [Likewise, if meat soaked in this milk for 24 hours, the meat is forbidden.[11]]

Status of cooking and benefit: The milk of a Kosher species of wild animal [Chayah] does not contain even a Rabbinical Basar Bechalav prohibition against cooking it with meat, or against benefiting from its

__________________________ [1] Michaber 87:3; Mishneh Chulin 113a

[2] Although the Torah states the milk of the mother, this is not literal, and it includes also the milk of any other Kosher animal. [Michaber 87:2] The milk of an animal which is before birth: One who cooks meat in the milk of an animal who is prior to giving birth for its first time, is Biblically liable. [Chulin 113b; Rashba Toras Habayis 3:4; Kneses Hagedola 87:23; Peri Chadash 87:4; Mateh Yosef 2:14-7-3; Zivchei Tzedek 87:11; Kaf Hachaim 87:17]

[3] Kaf Hachaim 87:34

[4] Rav Chaim Vital in Shaar Hamitzvos Parshas Mishpatim in name of Arizal; Radbaz 606; Machazik Bracha 87:9

[5] Kaf Hachaim ibid

[6] Michaber 87:3; Mishneh Chulin 113a

[7] Michaber 87:3.

[8] Rama 87:4; Shach 87:7 in his first [and later negated] explanation; Taz 87:5 in his conclusion; Teshuvas Rashba; Machazik Bracha 87:8; Zivcheiy Tzedek 87:27; Kaf Hachaim 87:32

Other Opinions: See Halacha 6B!

[9] See Michaber 81:1

[10] Implication of Michaber 87:3 who writes “Milk of a Tahor Beheima”, implying that the milk must be from a domestic animal; See all Poskim ibid in 5C regarding the meat of a Chayah, and the same would apply with its milk; Erech Hashulchan 87:11; Pischeiy Teshuvah 87:7 in name of Tiferes Lemoshe; Chidushei Rav Akiva Eiger on 87:6; Mikdash Me’at 87:11Zivcheiy Tzedek 87:16; Kaf Hachaim 87:22

Other opinions: Some Poskim rule milk of a Chaya is included in the Biblical prohibition of Basar Bechalav. [Megilas Sefer Lavim 140]

[11] So rule regarding Chalav Meisa: Shach in Nekudos Hakesef on Taz 90:12; Issur Viheter 15; Toras Chatas 30:14;  Peri Chadash 90:20; Minchas Yaakov 30:45; Lechem Hapanim 90:30; Beis Lechem Yehuda 90:22; Kreisi 90:9; P”M 90 M.Z. 12; Erech Hashulchan 90:5; Beis Yitzchak 90:40; Aruch Hashulchan 90:17; Kaf Hachaim 90:48

Other opinions: Some Poskim rule that if meat soaked in the milk that was squeezed from a slaughtered udder then it is permitted, as meat and milk is only prohibited in the form of Derech Bishul, and we do not make a decree upon a decree. [Taz 90:12]

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