diff --git "a/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Forbidden Foods/English/merged.json" "b/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Forbidden Foods/English/merged.json" new file mode 100644--- /dev/null +++ "b/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Forbidden Foods/English/merged.json" @@ -0,0 +1,482 @@ +{ + "title": "Mishneh Torah, Forbidden Foods", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Forbidden_Foods", + "text": [ + [ + "It is a positive commandment to know the signs that distinguish between domesticated animals, beasts, fowl, fish, and locusts that are permitted to be eaten and those which are not permitted to be eaten,1The Rambam includes these four among the Torah's 613 mitzvot in his Sefer HaMitzvot (positive commandments 149-152). The Ra'avad (in his hasagot to the listing of the mitzvot at the beginning of the Mishneh Torah) and the Ramban (in his hasagot to general principle 6 in Sefer HaMitzvot) differ and maintain that they should not be counted as mitzvot. According to their view, the mitzvot involve the observance of the prohibitions, but there is no positive act involved that could be considered as the observance of a commandment. [The Sefer HaChinuch (mitzvot 153, 470, 158, and 155) mentions these mitzvot, but explains that he personally subscribes to the opinion of the Ramban that they should be not included among the 613 mitzvot.]
In his Sefer HaMitzvot, the Rambam explains his position. Leviticus 11:2 states: \"This is the living creature that you may eat....\" The Sifri commenting on that verse describes it as a positive commandment. Now there is no positive commandment to eat kosher meat. The commandment is to know which species are kosher and to make a distinction between them and those which are not kosher meat as implied by the verse the Rambam cites here: \"And you shall distinguish....\" For it is only in this way, that one will be able to eat kosher meat. See also the gloss of the Maggid Mishneh. And see Chapter 2, Halachah 1, where the Rambam explains how he derives the idea that both a positve mitzvah and a negative mitzvah are involved.
as [Leviticus 20:25] states: \"And you shall distinguish between a kosher animal and a non-kosher one, between a non-kosher fowl and a kosher one.\" And [Leviticus 11:47] states: \"To distinguish between the kosher and the non-kosher, between a beast which may be eaten and one which may not be eaten.\"", + "The signs of a [kosher] domesticated animal and beast are explicitly mentioned in the Torah.2Leviticus 11:3. There are two signs: a split hoof and chewing the cud. Both are necessary.
Any domesticated animal and beast that chews the cud does not have teeth on its upper jaw-bone. Every animal that chews the cud has split hoofs except a camel.3The Ra'avad questions why the Rambam does not mention a rabbit or a hare. The Torah specifically mentions that they chew their cud. The Maggid Mishneh explains that the Rambam does not mention them because they have teeth on their upper jaw.
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 79:1) also mention that a camel has two teethlike growths on its upper jaw, but they do not in any way resemble teeth.
The Maggid Mishneh explains that the Rambam's intent is that any kosher domesticated animal or wild beast that chews its cud will not have teeth on its upper jaw and every such animal will have a split hoof.
Every animal that has split hoofs chews the cud except a pig.", + "Therefore if a person finds an animal whose hoofs are cut off in the desert and he cannot identify its species, he should check its mouth. If it does not have teeth on its upper jaw, it can be identified as kosher, provided one can recognize a camel.4I.e., if one sees that the domesticated animal is not a camel, one can assume that it is kosher, for a camel is the only non-kosher animal without teeth on its upper jaw. If a person finds an animal whose mouth is cut off, he should check its hooves, if they are split, it is kosher, provided he can recognize a pig.5For a pig is the only non-kosher animal with split hooves.
When both its mouth and its hoofs are cut off, he should inspect the end of its tail after he slaughters it.6For before slaughtering it, such an inspection would be painful for the animal. If he discovers that [the strings of] its meat extend both lengthwise and widthwise,7Our translation is based on the commentary of the Meiri to Chullin 59a. Rashi interprets that passage slightly differently and his opinion is cited by the Shulchan Aruch (Yoreh De'ah79:1). it is kosher, provided he can recognize a wild donkey. For [the strings of] its meat also extend both lengthwise and widthwise.8The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 79:1) mention another sign for a kosher animal: horns.", + "When a kosher animal gives birth to an offspring resembling a non-kosher animal, it is permitted to be eaten even though it does not have split hoofs or chew the cud, but instead, resembles a horse or a donkey in all matters.9As indicated by the Rambam's statements in the following halachah, the matter is dependent on the species and not the presence of distinguishing signs in and of themselves.
When does the above apply? When he sees it give birth. If, however, he left a pregnant cow in his herd and found an animal resembling a pig dependent on it, the matter is doubtful and [the young animal] is forbidden to be eaten. [This applies] even if it nurses from [the cow], for perhaps it was born from a non-kosher species, but became dependent on the kosher animal.10The Ra'avad qualifies the Rambam's ruling, stating that it applies only when the person possesses a non-kosher animal in his herd. If that is not the case, we do not suspect that a non-kosher newborn came from elsewhere. The Maggid Mishneh and the Siftei Cohen 79:6 do not accept this addition.", + "When a non-kosher animal gives birth to an offspring resembling a kosher animal, it is forbidden to be eaten. [This applies] even if it has split hoofs and chews its cud and resembles an ox or a sheep in all matters. [The rationale is that offspring] produced by a non-kosher animal are not kosher11See also the beginning of ch. 3. and those produced by a kosher animal are kosher.
For this reason, a non-kosher fish found in the belly of a kosher fish is forbidden, and a kosher fish found in the belly of a non-kosher fish is permitted, for they did not produce the fish, but instead, swallowed it.", + "When a kosher animal gives birth to an offspring that has two backs and two backbones12I.e., a calf born with a Siamese twin. or such a creature is discovered within [an animal that was slaughtered], it is forbidden to be eaten. This is what is meant by the term hashisuah which is forbidden by the Torah, as [Deuteronomy 14:7] states: \"These may not be eaten from those which chew the cud and have split hoofs, the shisuah...\", i.e., an animal that was born divided into two animals.", + "Similarly, when [a fetus] resembling a fowl is found within a [slaughtered] animal, it is forbidden to be eaten. [This applies] even if it resembles a kosher fowl. [For when a fetus] is discovered in an animal, only one which has a hoof is permitted.13The hoof, however, need not be split as indicated by Halachah 4. See also Rama (Yoreh De'ah 13:5) and Siftei Cohen 13:20 who rule more leniently.", + "There are no other domesticated animals or wild beasts in the world that are permitted to be eaten except the ten species mentioned in the Torah. They are three types of domesticated animals: an ox, a sheep, and a goat, and seven types of wild beasts: a gazelle,14The translation of the names of these seven species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter. See also Shulchan Aruch (Yoreh De'ah 80:3; Rama (Yoreh De'ah 28:4 who discuss these issues. In practice, we partake of the meat of an animal only when there is an established tradition that it is permitted (Siftei Cohen 80:1). a deer, an antelope, an ibex, a chamois, a bison, and a giraffe. [This includes the species] itself and its subspecies, e.g., the wild ox and the buffalo are subspecies of the ox.15The Maggid Mishneh and others interpret t'o as referring to a wild ox.
All of these ten species and their subspecies chew the cud and have split hoofs. Therefore, a person who recognizes these species need not check neither their mouths,16To see whether or not they have teeth on their upper jaw, as stated in Halachah 3. nor their feet.", + "Although all these species are permitted to be eaten, we must make a distinction between a kosher domesticated animal and a kosher wild beast. For the fat of a wild beast is permitted to be eaten and its blood must be covered.17As stated in Hilchot Shechitah, ch. 14. With regard to a kosher domesticated animal, by contrast, one is liable for kerais for partaking of its fat18See Chapter 7. and its blood need not be covered.", + "According to the Oral Tradition, these are the distinguishing signs of a [kosher] wild beast: Any species that has split hoofs, chews its cud, and has horns which branch off like those of a gazelle are certainly kosher wild beasts. [The following laws apply with regard to] all those whose horns do not branch off: If they are curved, like the horns of an ox, notched, like the horns of a goat, but the notch should be embedded within them, and spiraled, like the horns of a deer,19See the Rambam's Commentary to the Mishnah (Chullin 3:6) for a definition of these terms. The Ra'avad, the Rashba, and Rashi offer slightly different definitions for these terms. it is a kosher wild beast. Its horns, however, must have these three signs: They must be curved, notched, and spiraled.", + "When does the above apply? With regard to a species that he does not recognize. [Different rules apply with regard to] the seven species mentioned in the Torah. If he recognizes this species, he may partake of its fat and is obligated to cover its blood, even one does not find any horns on it at all.", + "A wild ox is a species of domesticated animal.20Although it is not domesticated and lives like a wild beast, it is still placed in this category. A unicorn21This was not a mythical beast, but a species of antelope known to exist during the Talmudic period (Chullin 59b). is considered a wild beast even though it has only one horn.22And all other kosher wild beasts have two.
Whenever we have a doubt whether an animal is a domesticated animal or a wild beast, its fat is forbidden, but lashes are not given for partaking of it, and we must cover its blood.23I.e., we accept the stringencies resulting from both positions. The Turei Zahav 80:3 adds that since we are not certain that this is required, we do not cover its blood on a festival. Similarly, the Siftei Cohen 80:4 states that a blessing is not recited before covering its blood.", + "A mixed species that comes from the mating of a kosher domesticated animal and a kosher wild beast is called a koi. Its fat is forbidden, but lashes are not given for partaking of it, and we must cover its blood.24See also Hilchot Nazirut 2:10-11 which states that in certain ways it is like a domesticated animal (its fat is forbidden). In others, it is like a wild beast (its blood must be covered). Still in others it is like neither a domesticated animal or a wild beast (for it is considered as a mixed species with either of them) and in others (that it must be slaughtered), it resembles both. A non-kosher species will never be impregnated by a kosher species.25I.e., even if they are mated, they will not produce offspring.", + "The distinguishing signs of a kosher [species of] fowl are not mentioned explicitly by the Torah. Instead, the Torah mentions26Leviticus 11:13-19; Deuteronomy 14:12-18. only the non-kosher species. The remainder of the species of fowl are kosher. There are 24 forbidden species. They are:
a) the eagle,27In this instance as well, the translation of the names of these species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter. In practice, we only partake of those species of fowl concerning which we have an established tradition that they are acceptable.
b) the ossifrage,
c) the osprey;
d) the kite, this is identical with the rayah mentioned in Deuteronomy,
e) the vulture, this is identical with the dayah mentioned in Deuteronomy,
f) members of the vulture family; for the Torah states \"according to its family,\" implying that two species [are forbidden],
g) the raven,
h) the starling;28See the Kessef Mishneh and others who state that there is a difference of opinion whether this species is acceptable or not. since the Torah states \"according to its family\" with regard to the raven, the starling is included,
i) the ostrich,
j) the owl,
k) the gull,
l) the hawk,
m) the gosshawk, for this is among the hawk family; and the verse says \"according to its family,\"
n) the falcon,
o) the cormorant,
p) the ibis,
q) the swan,
r) the pelican,
s) the magpie,
t) the stork,
u) the heron,
v) members of the heron family; for the Torah states \"according to its family,\"
w) the hoopie, and
x) the bat.
", + "Whoever is knowledgeable with regard to these species29As mentioned, there is a difference of opinion regarding the species associated with these names and there are few if any individuals who can claim the desired level of familiarity (see Siftei Cohen 82:1). and their names30As indicated by Chapter 3, Halachah 18, the knowledge of the names of the species is important. Otherwise, the hunter's word is not accepted. may partake of any fowl from other species.31For these are the only ones forbidden by the Torah. A kosher species of fowl may be eaten based on tradition, i.e., that it is accepted simply in that place that the species of fowl is kosher.32If there is such a tradition, there is no necessity to check the signs mentioned in the following halachah. A hunter's word is accepted if he says: \"The hunter who taught me told me33Chullin 63b states that this refers to a person who taught hunting and not a teacher of Torah, for it is possible that the Torah teacher will not be able to actually identify the species. Nevertheless, if a Rabbinical authority testifies that he has received the tradition that a species is acceptable, we follow his ruling (Siftei Cohen, loc. cit.). that this fowl is permitted,\" provided that [teacher] has an established reputation as being knowledgeable with regard to these species and their names.", + "Whoever does not recognize these species and does not know their names must check according to the following signs given by our Sages: Any fowl that attacks with its claws34In his Commentary to the Mishnah (Chullin 3:6), the Rambam defines this as meaning \"place its claws on the object that it desires to eat and eats it.\" and eats is known to be among these species and is unkosher. If [a fowl] does not attack with its claws and eat, it is kosher if it possesses one of the following signs: a) it has an extra claw,35I.e., a claw that is positioned higher and behind the fowl's row of claws (Rashi, Chulin 62a). Although most species of fowl possess such a claw, it is called \"extra,\" because it is not positioned in the row of claws. Alternatively, the Hebrew term yeterah can be translated not as \"extra,\" but as \"larger,\" i.e., a claw that is larger than the others (Rabbenu Nissim). b) a crop;36An organ which parallels a human's stomach. this is also referred to as a mur'ah, c) [the membrane of] its craw37An extra muscular stomach that exists in fowl.
We are speaking about the inner membrane (Rambam's Commentary to the Mishnah, Chulin 3:6). See Chatam Sofer, Yoreh De'ah, Responsum 50.
can be peeled by hand.38Although the Shulchan Aruch (Yoreh De'ah 82:2) quotes the Rambam's words, it concludes: \"Even though a fowl possesses these three signs, it should not be eaten, because we suspect that it might be a bird of prey unless they have a tradition given to them by their ancestors that this species is kosher.\" Similarly, the Rama (Yoreh De'ah 82:3) states: \"One should not partake of any fowl unless there is a received tradition that it is kosher. This is the accepted custom. One should not deviate from it.\" Thus even if a species of fowl possesses these three signs, we do not partake of it.", + "[The rationale is that] there are none of the forbidden species that do not attack with its claws and eat and possesses one of these three signs with the exception of the ossifrage and the osprey. And the ossifrage and the osprey are not found in settled areas, but rather in the deserts of the distant islands that are very far removed to the extent that are located at the ends of the settled portions of the world.", + "If its craw can be peeled with a knife, but cannot be peeled by hand and it does not possess any other sign even though it is not a bird of prey, there is an unresolved doubt regarding the matter.39And we do not permit it. If the membrane was firm and tightly attached, but [the craw] was left in the sun and it became looser [to the extent that] it could be peeled by hand, [the species] is permitted.", + "The Geonim said that they have an existing tradition that one should not rule to permit a fowl that possesses only one of these signs unless that sign is that its craw can be peeled by hand. If, however, it cannot be peeled by hand, it was never permitted [to be eaten] even if it possesses a crop or an extra claw.", + "Whenever a bird divides its claws when a line is extended for it,40I.e., it stands on a rope or a pole extended for it by gripping the rope or pole with its claws (the Rambam's Commentary to the Mishnah, Chulin 3:6). placing two on one side and two on the other or it seizes an object in the air and eats while in the air, it is a bird of prey41For these actions indicate that it uses its claws to attack other animals. and non-kosher. Any species that lives together with non-kosher species and resembles them, is itself non-kosher.42Chulin 65a states that only species that are themselves impure will dwell together with impure species.", + "There are eight species of locusts which the Torah permitted:
a) a white locust,43In this instance as well, the translation of the names of these species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter. In practice, it is common in most communities not to partake of any species of locusts (Turei Zahav 85:1). In the Yemenite community, however, there are certain species of locusts which are eaten. b) a member of the white locust family,44The Torah mentions four names of locust species and in connection with each states \"according to its family,\" indicating that a sub-species is also permitted. the razbenit, c) the spotted grey locust, d) a member of the spotted grey locust family, the artzubiya, e) the red locust, d) a member of the red locust family, the bird of the vineyards, f) the yellow locust, g) a member of the yellow locust family, the yochanah of Jerusalem.", + "Whoever is knowledgeable with regard to these species and their names may partake of them. A hunter's word is accepted as [stated with regard] to a fowl.45Halachah 15. A person who is not familiar with them should check their identifying signs. [The kosher species] have three signs. Whenever a species has four legs, four wings that cover the majority of the length and the majority of the width of its body, and it has two longer legs to hop, it is a kosher species.46Chulin 66a speaks of four identifying signs for a kosher locust: a) four wings, 2 long legs, four legs, and the fact that its wings cover the majority of its body.. Even if its head is elongated and it has a tail, if it is referred to as a locust, it is a kosher species.47Note the Rambam's Commentary to the Mishneh (Chullin81, the conclusion of ch. 3) which states that the factor of fundamental importance is that the specis be referred to as a locust. See Shulchan Aruch (Yoreh De'ah 85a).", + "When [a locust] does not have wings or extended legs at present, or its wings do not cover the majority [of its body], but it will grow them later when it grows larger, it is permitted [to be eaten] at present.", + "There are two signs of [kosher] fish: fins and scales. Fins are used by the fish to swim and scales are those which cling48The Maggid Mishneh explains that this term implies that the scales are not an integral part of the fish but can be separated from its body either by hand or with a utensil. If they cannot be separated from the fish, the fish is not kosher [Rama (Yoreh De'ah 83:1)]. to its entire body. Any fish that possesses scales will have fins.49Thus if one finds scales on a piece of fish, there is no need to check whether it possessed fins (the Shulchan Aruch (Yoreh De'ah 83:3).
Chulin 66b asks: If so, why did the Torah mention fins and answers that this magnifies and amplifies the Torah.
If it does not have them at present, but when it grows, it will have them or if it has scales while in the sea, but when it emerges it sheds its scales,50There are several species of kosher fish which shed their scales in this manner. it is permitted.
When a fish does not have scales that cover its entire body, it is permitted. Even if it has only one fin and one scale,51The Tur and Rama (loc. cit.) quote the view of certain Rishonim who maintain that in such an instance, the scale must be located under its gills, fins, or tail. it is permitted." + ], + [ + "Since it is written [Deuteronomy 14:6]: \"Any animal that has split hooves, [whose foot] is divided into two hoofs and chews the cud, [this may you eat],\"1Similar verses are also stated in that passage with regard to fish, fowl, and locusts. Like verses are also stated in Leviticus, except that in Leviticus, there is no such commandment with regard to a kosher fowl. To include that as well, the Rambam refers to the passage in Deuteronomy. one may derive that any animal that does not chew its cud and have split hoofs is forbidden. A negative commandment that comes as a result of a positive commandment is considered as a positive commandment.2I.e., it does not have the severity of a negative commandment. Hence its violation is not punishable by lashes.
The Rambam is explaining that the Torah is not commanding us to eat kosher species, for there is no obligation to partake of them. Instead, it is commanding us to take precautions - through checking distinguishing signs - against partaking of non-kosher ones. See Sefer HaMitzvot (General Principle 6) where the Rambam elaborates in the explanation of the concept of a prohibition derived from a positive commandment. See also Chapter 1, Halachah 1, and notes which deals with this issue.

With regard to the camel, the pig, the rabbit, and the hare, [Leviticus 11:4]3Here the Rambam cites the verses from Leviticus - although like verses also appear in Deuteronomy - for Leviticus comes first in the Torah. states: \"These you may not eat from those which chew the cud and have split hoofs.\" From this, you see that they are forbidden by a negative commandment, even though they possess one sign of kashrut. Certainly, this applies to other non-kosher domesticated animals and wild beasts that do not have any signs of kashrut.4The commentaries have raised a question concerning the Rambam's statements. There is a general principle (Pesachim 24a, et al): \"We do not issue a warning on the basis of logical deduction.\" Implied is that a person is not given lashes when a prohibition is not explicitly mentioned in the Torah, but instead derived through logic. Why then, these commentaries ask, are lashes given for partaking of non-kosher species other than the four mentioned specifically by the Torah?
The Rambam offers a resolution to this question in his Sefer HaMitzvot (negative commandment 172). There he explains that in this instance, we are not deriving the prohibition on the basis of logic, for it is already stated in the positive commandment. We are using logic only to derive that this prohibition is also included in the negative commandment.
The prohibition against eating them involves a negative commandment in addition to the positive commandment that is derived from \"This may you eat.\"", + "Therefore anyone who eats an olive sized portion5Approximately, an ounce in contemporary measure. of the meat of a non-kosher domesticated animal or wild beasts is liable for lashes according to Scriptural Law. This applies whether he partook of the meat or the fat. For the Torah did not distinguish between the meat and fat of non-kosher animals.6Such a distinction is made with regard to the meat and fat of kosher animals. With regard to non-kosher animals, by contrast, the two are included in the same category and the same prohibition applies to both of them.", + "With regard to humans: Although [Genesis 2:7] states: \"And the man became a beast with a soul,\" he is not included in the category of hoofed animals. Therefore, he is not included in the [above] prohibition.7For the prohibition mentions the animal's hoofs. Accordingly, one who partakes of meat or fat from a man - whether alive or deceased - is not liable for lashes. It is, however, forbidden [to partake of human meat] because of the positive commandment [mentioned above].8The Ra'avad and the Rashba differ with the Rambam's ruling, maintaining that there is no prohibition at all against partaking of meat from a human. The Rama (Yoreh De'ah 80:1) follows the Rambam's ruling.
The Maggid Mishneh explains the Rambam's position, noting that - as stated in Chapter 3, Halachah 2, and in Chapter 6, Halachot 1-2 - there is no Scriptural prohibition against partaking of milk and blood from a human. Now these leniencies are derived from the exegesis of verses from the Torah. Were the meat of a human not to be forbidden, why would it be necessary to teach that his milk and blood are permitted? Who would have thought otherwise?
For the Torah [Leviticus 11:2] lists the seven species of kosher wild beasts and says: \"These are the beasts of which you may partake.\" Implied is that any other than they may not be eaten. And a negative commandment that comes as a result of a positive commandment is considered as a positive commandment.", + "When one partakes of an olive-sized portion of a non-kosher fowl, he is liable for lashes according to Scriptural Law, as [Leviticus 11:13] states: \"These shall you detest from the fowl. You shall not partake of them.\" And he violates a positive commandment, as [Deuteronomy 14:11] states: \"You may partake of all kosher fowl.\" Implied is that the non-kosher may not be eaten.
Anyone who partakes of an olive-sized portion of a non-kosher fish is liable for lashes according to Scriptural Law, as [Leviticus 11:11] states: \"They shall be detestable for you. Do not partake of their meat.\" And he violates a positive commandment, as [Deuteronomy 14:9] states: \"All that possess fins and scales, you may eat.\" Implied is that those that do not possess fins and scales may not be eaten. We thus learn that anyone who partakes of a non-kosher fish, domesticated animal, wild beast, or fowl nullified a positive commandment and violated a negative commandment.9Sefer HaMitzvot (negative commandment 172, 173, 174) and Sefer HaChinuch (mitzvot 154, 156, 157) include these among the 613 mitzvot of the Torah.", + "A non-kosher locust is included among [the category of] flying teeming animals.10I.e., there is no separate commandment not to partake of a non-kosher locust. Instead, this is included in the general prohibition against partaking of non-kosher teeming animals. The Lechem Mishneh and others note that, in contrast, to the previous halachot, the Rambam does not mention the fact that there is a prohibition against partaking of locusts that results from the positive commandment to partake of them. One who partakes of an olive-sized portion11Or an entire teeming animal even if it is smaller than an olive; see Halachah 21. of flying teeming animals is liable for lashes according to Scriptural Law, as [Deuteronomy 14:19] states: \"All flying teeming animals are non-kosher for you. They may not be eaten.\"12Sefer HaMitzvot (negative commandment 175) and Sefer HaChinuch (mitzvah 471) include this as one of the 613 mitzvot of the Torah.
As explained in the halachot that follow and summarized in Halachah 23, there are five prohibitions in the Torah that refer to teeming animals. The categories are not mutually exclusive and it is possible that one particular creature may be included in several - or all - of these categories.

What is meant by a flying teeming animal? For example, a fly, a mosquito, a hornet, a bee, or the like.", + "When one partakes of an olive-sized portion of a teeming animal of the land, he is liable for lashes, as [Leviticus 11:41] states: \"Any teeming animal that swarms on the ground is detestable to you. It should not be eaten.\"13Sefer HaMitzvot (negative commandment 176) and Sefer HaChinuch (mitzvah 162) include this as one of the 613 mitzvot of the Torah.
What is meant by a teeming animal of the land? Snakes, scorpions, beetles, centipedes, and the like.", + "The eight teeming animals that are mentioned in the Torah14Leviticus 11:29-30. The translation of the names of these eight species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter.
The Torah singles these teeming animals out from others and states that they convey ritual purity. It does not mention anything about them with regard to the prohibition against partaking of their flesh. Nevertheless, since this quantity of their flesh is significant in another halachic context, it is also considered significant with regard to this prohibition (Meilah 16b). This explains why the minimum measure for which they are liable is less than that associated with other prohibitions.
are: the weasel, the mouse, the ferret, the hedgehog, the chameleon, the lizard, the snail, and the mole. A person who eats a lentil-sized portion of their meat is liable for lashes. The minimum measure that one is prohibited to partake of their meat is the same as the minimum measure that conveys ritual impurity. They all may be combined together to reach the measure of a lentil.", + "When does the above apply? When one partakes of them after they have died.15For their flesh only conveys ritual impurity after they have died. If, however, one cuts off a limb from a living creature from one of these species and eats it, he does not receive lashes unless he [partakes of] an olive-sized portion of meat. They all may be combined together to reach the measure of an olive.
One who eats an entire limb of a teeming animal after it dies does not receive lashes unless it contains a lentil-sized amount of meat.16Hilchot Shaar Avot HaTumah 4:3 states that there is no minimum measure with regard to the limbs of a teeming animal within the context of ritual impurity. A person who touches an entire limb of a such an animal after its death becomes impure even if the limb is smaller than the size of a lentil. Nevertheless, we do not rule that one is liable if he eats such a limb.
Meilah, loc. cit., explains that although the limbs of other animals also convey ritual impurity no matter what their size, one is not liable unless he partakes of an olive-sized portion. Hence, there is no reason to extend the stringency that applies with regard to these teeming animals any further.
", + "The blood of these eight teeming animals and their flesh can be combined to reach the minimum measure of a lentil, provided the blood is still attached to their flesh.17If not, one is not liable until he partakes of an olive-sized portion, as stated in the following halachah. Similarly, the blood of a snake18Which is not one of the teeming animals explicitly mentioned by the Torah. is combined with its flesh to reach the measure of an olive and one receives lashes for it. The rationale is that its flesh is not separate from its blood, even though it does not impart ritual impurity.19In contrast to the blood of the eight teeming animals that were singled out by the Torah. Similar concepts apply with regard to other teeming animals that do not convey ritual impurity.", + "When a person collects the blood of teeming animals that has been separated [from their bodies] and partakes of it, he receives lashes if he partakes of a portion the size of an olive.20The Maggid Mishneh (in his gloss to Halachah 9) states that this applies even to the eight teeming animals mentioned explicitly in the Torah. Once their blood is separated from their bodies, the minimum measure is the same as that of other species. [This applies] provided he was warned against partaking of it because [of the prohibition against partaking of] a teeming animal. If, however, he is warned against partaking of it because [of the prohibition against partaking of] blood, he is not liable. For we are liable only for the blood of domesticated animals, wild beasts, and fowl.21As stated in Chapter 6, Halachah 1.", + "All these measures - and the distinctions between them22That for some one is liable for an olive-sized portion and for others, for a lentil-sized portion. - are halachot received by Moses at Sinai [and transmitted via the Oral Tradition].", + "One who partakes of an olive-sized portion of an aquatic teeming animal is liable for lashes according to Scriptural Law, as [Leviticus 11:43] states: \"Do not make your souls detestable [by partaking] of any teeming animal that swarms... and do not become impure because of them.\" Included in this prohibition are teeming animals of the land, that fly, and of the water.23Sefer HaMitzvot (negative commandment 179) and Sefer HaChinuch (mitzvah 164) include this as one of the 613 mitzvot of the Torah. As obvious from the Rambam's words here and as explained in greater length in Sefer HaMitzvot, this is not a specific commandment relating to aquatic teeming creatures, but a general commandment relating to all teeming animals. Accordingly, when a person partakes of a teeming animal of the land or a flying teeming animal, he is liable for two transgressions.
The Ramban (Hasagot to Sefer HaMitzvot, General Principle 9) and the Maggid Mishneh differ with the Rambam and maintain that this is not considered as a separate mitzvah.

What is meant by a aquatic teeming animal? Both small creatures like worms and leeches that inhabit the water24See Halachot 18-19. and larger creatures that are beasts of the sea. To state a general principle: Any aquatic creature that does not have the characteristics of a fish, neither a non-kosher fish or a kosher fish, e.g., a seal, a dolphin, a frog, or the like.", + "The species that come into existence in garbage heaps and the carcasses of dead animals, e.g., maggots, worms, and the like which are not brought into being from male-female [relations],25The Rambam is stating - based on Midrashic and Talmudic sources - that there are creatures which spontaneously regenerate. It is not our place to defend these concepts against the findings of science. It must, however, be said that many Rabbinical leaders who are aware of the work of Pasteur and others did not doubt the teachings of the Torah and accepted these laws. but from filth that decays and the like are called \"those which creep on the earth.\" A person who partakes of an olive-sized portion [of these creations] is liable for lashes,26Sefer HaMitzvot (negative commandment 177) and Sefer HaChinuch (mitzvah 165) include this as one of the 613 mitzvot of the Torah. as [Leviticus 11:44] states: \"Do not make your souls impure with any teeming animal that creeps on the earth,\" even thought they do not reproduce. Teeming animals that swarm on the earth, by contrast, are those that reproduce from male-female [relations].", + "[The following laws apply with regard to] species that come into being from fruits and other foods.27See Halachot 18-19. Should they depart from [the source from where they came into being] and go to the earth,28The Rambam's wording is borrowed from the prooftext cited. Even if these crawling animals do not reach the earth, but merely appear on the surface of the fruit, they become forbidden., as stated in Sefer HaMitzvot (negative commandment 178). Note, however, Halachah 16. a person who partakes of an olive-sized portion of them is liable for lashes,29Sefer HaMitzvot (negative commandment 178) and Sefer HaChinuch (mitzvah 163) include this as one of the 613 mitzvot of the Torah. as [Leviticus 11:42] states: \"With regard to any teeming animal that swarms on the earth, [do not eat them].\" This forbids those that departed to the earth, even though they returned to the food. If, however, they did not depart, it is permitted to eat the fruit together with the worm in it.", + "When does the above apply? When the food became worm-ridden after it was uprooted from the earth.30Or removed from its tree. If, however, it became worm-ridden while it was connected [to its source of nurture], that worm is forbidden as if it became departed to the earth. For it was created on the earth. One is liable for lashes [for partaking of it]. If there is a doubt, it is forbidden.
Therefore all fruits that commonly become worm-ridden31This is a halachic issue that is given much attention today. We find certain Jewish groups who have taken it upon themselves to grow vegetables without any exposure to insects. There is a heightened consciousness with regard to the need to check and many books and tools have been produced with this purpose in mind. It must be emphasized, however, that although there are no vegetables that are absolutely insect and larvae free, the common halachic approach is not to show concern for any insects and/or larvae that are not visible to the naked eye. Conversely, we assume that all insects we discover came from male-female relationships or came into being while the fruit was connected to its source and do not permit any because they might have come from the fruit itself after it was detached. when connected [to their source of nurture] should not be eaten until one checks the fruit from its inside,32I.e., an external search is not sufficient and one must cut the fruit or vegetable open and search from the inside. for perhaps it contains a worm. If the fruit remains twelve months after being severed [from its source], it may be eaten without being inspected. For a worm inside of it will not endure for twelve months.33Since a crawling animal will not live for more than twelve months inside produce and the produce has been detached for more than twelve months, it follows that the animal came into being from the produce itself and thus the produce and the animal can be eaten together.
Nevertheless, the Shulchan Aruch (Yoreh De'ah 84:8) states that the produce should be checked lest there be crawling animals that have left the produce. One of the ways to select grains, legumes, and the like is to soak them first. Any ones with holes will float to the top. They should be discarded, lest they be worm-ridden.
", + "If [the worm] departed to the atmosphere, but did not reach the earth, or only a portion of it reached the earth, it departed after it died, the worm was found on the seed on the inside, or it departed from one food to another, [in] all these [situations, the worm] is forbidden because of the doubt, but lashes are not administered [if one partakes of it].", + "A worm found in the stomach of a fish, in the brain within the head of an animal, and one found in meat are forbidden. When, however, salted fish becomes worm-ridden, the worms in it are permitted.34Provided they have not departed from the fish itself (Maggid Mishneh).
The Maggid Mishneh explains the Rambam's approach as follows: All worms that are found in both meat and fish while the animals are alive are forbidden, for we assume that they entered from the outside. Even after a fish dies, we can assume that the worms in its stomach were swallowed when it was alive. Similarly, those in an animal's brain can be assumed to have entered its nose from the outside and are hence, forbidden. Those found in the body of a fish are considered to have been spontaneously generated are hence permitted. Those found in the meat of an animal are not permitted. The rationale is that anything that comes from an animal is permitted to be eaten only after it has been slaughtered according to law. Even though the animal itself was slaughtered, since that slaughter preceded the existence of the worms, they are not permitted.
The Ra'avad and many other Rishonim differ with the Rambam's understanding and permit worms that came into being in meat from animals that were ritually slaughtered, e.g., in meat that was salted to be used at a later time. The Shulchan Aruch (Yoreh De'ah 84:16) quotes both views, but appears to favor the more lenient one. The Rama states that it is customary to follow the more lenient view. In practice, in the present age, this problem is far less prevalent, for because of refrigeration and freezing, it is less likely for worms to exist in meat.
This is comparable to fruit which has become worm-ridden after it has been separated from the earth. It is permitted to eat them together with the worm that is in them.
Similarly, if water35Or other beverages (Siftei Cohen 84:1). This is evident from Halachot 19-20. in a utensil produces teeming animals, those teeming animals are permitted to be drunk together with the water, as [can be inferred from Leviticus 11:9]: \"All that possess fins and scales in the water, seas, and rivers, they you may eat.\" Implied is that you may eat those that possess [fins and scales] in the water, seas, and rivers and those that do not possess them, you may not eat. But those creatures [that come into existences] in utensils are permitted whether they possess [fins and scales] or not.", + "[Since the water found] in cisterns, trenches and caves is not flowing water, but instead is collected there,36I.e., water that is stored in storage compartments dug into - or naturally found within - the earth.
The Maggid Mishneh states that irrigation ditches and breeding ponds which water flows through are not included in this category, because - in contrast to water found in containers - the water in them does not stand still. The Shulchan Aruch (Yoreh De'ah 84:1) quotes a difference of opinion on this issue.
it is comparable to water found in containers. [Hence], aquatic teeming animals that are created [in these places] are permitted. A person may bend down and drink37Commenting on the citation of this ruling by the Shulchan Aruch (Yoreh De'ah 84:2), the Rama states that if one finds worms in a bucket of water drawn from such bodies, the worms are forbidden, because we fear that the worms came from the bucket and not from the water. without holding back even though he swallows these flimsy teeming animals when drinking.38Or other beverages (Siftei Cohen 84:1). This is evident from Halachot 19-20.", + "When does the above apply? When the teeming animals did not depart from the place where they came into being. If they did, even though they later return to the container or the cistern, they are forbidden. If they went out to the walls of the barrel and then fell back into the water or the beer, they are permitted.39For the walls are still considered as \"the place where the teeming animals came into existence.\" Similarly, if they went out to the walls of the cistern and the cave and returned to the water, they are permitted.", + "When a person strains wine, vinegar, or beer and eats the insects, bugs, and worms that he strains, he is liable for lashes for partaking of an aquatic teeming animal or [for partaking of] a flying teeming animal and an aquatic teeming animal.40If the insect has the characteristics of both the prohibited species, as stated in Halachah 23. [This applies] even if they returned to the container after they were strained, for they departed from the place where they came into existence. If, however, they did not depart, one may drink without holding back, as we explained.41Halachah 18. I.e., he need not worry that perhaps they became separated (Maggid Mishneh).", + "When, in this chapter, we have spoken about partaking of an olive-sized portion, [the intent is that] one ate an olive-sized portion of a large creature or one collected some from one species and some from another similar species42For the portions of forbidden insects to be combined, they need not be of the same species. They must, however, be included in the same prohibition. See Chapter 4, Halachah 17. until one partakes of an olive sized portion. If, however, one eats an entire forbidden creature by itself, one is liable for lashes according to Scriptural Law even if it is smaller than a mustard seed.43This is a general principle applying in many contexts in the laws of kashrut. The creature must, however, be visible to the naked eye.
[This applies] whether one partook of it after it died or while it was alive. Even if the creature decayed and lost its form,44If, however, it has decayed to the extent that it is no longer fit for human consumption, one is not liable, as stated in Chapter 14, Halachah 11. one is liable for lashes since one consumed it in its entirety.", + "When an ant has lost even one of its legs,45For it is no longer considered as a complete creation. one is not liable for lashes for partaking of it unless one eats an olive-sized portion. For this reason,46This phrase refers to the previous halachah. one who eats an entire fly or an entire mosquito whether alive or dead is worthy of lashes for partaking of a flying teeming animal.", + "[The following laws apply if] a particular creature is [included in the categories of] a flying teeming animal, an aquatic teeming animal, and a teeming animal of the earth, e.g., it has wings, it walks on the earth like other [earthbound] teeming animals, and it reproduces in the water. If one partakes of it, he is liable for three [sets of] lashes.47The Rambam's statements are based on Makkot 16b: \"If one eats a potisa, one is liable for four [sets of] lashes, an ant, five [sets of] lashes.\" As he explains in Sefer HaMitzvot (negative commandment 179), the intent is not that one is liable for additional sets of lashes because several prohibitions are stated with regard to a particular creature. Instead, the intent is that if one creature falls into several forbidden categories, one is liable for a set of lashes for every forbidden category. See Maggid Mishneh.
It must be emphasized that the Ra'avad, Rav Moshe HaCohen, the Ramban, and other Rishonim do not accept the Rambam's interpretation and instead, maintain that the prohibitions mentioned in Makkot, loc. cit., refer to the repetition of prohibitions concerning a single creature.

If, in addition to the above, it is one of the species which are brought into being in the earth in fruit, he is liable for a fourth [set of] lashes. If it is one of the species that reproduce,48I.e., although this particular creature was spontaneously generated, it was brought into being in a manner that it could reproduce and bear offspring. he is liable for a fifth [set of] lashes. If it also can be considered as a non-kosher fowl in addition to being considered a flying teeming animal,49In Sefer HaMitzvot (loc. cit.), the Rambam is sensitive to the question that might arise and states: \"Do not wonder how it is possible for a fowl to come into being from the decay of fruits, for we have seen this take place frequently.\" In that source, he also explains that it is possible for a single creature to have the characteristics of a non-kosher fowl and a flying teeming animal. he is liable for six [sets of] lashes: [for partaking of] a non-kosher fowl, a flying teeming animal, a teeming animal of the earth, an aquatic teeming animal, an animal that swarms on the earth, and a worm from fruit.
[This applies whether] he partook of the entire creature or he partook of an olive-sized portion of it. Therefore one who eats an ant that flies that breeds in the water is liable for five [sets of] lashes.", + "When one crushed ants, added another complete ant to those that were crushed so that the entire quantity was equal to an olive-sized portion, and partook of it, he is liable for six [sets of] lashes: five [for partaking of] the one ant50As stated in the previous halachah. and an additional one, because he partook of an olive-sized portion of dead non-kosher animals.51The Rambam is not referring to the prohibition against partaking of an animal that is not ritually slaughtered. For that prohibition applies only with regard to kosher animals, as stated in Chapter 4, Halachah 2. For this reason, the Maggid Mishneh (in his gloss to that halachah) raises questions with the Rambam's statement here. The Kessef Mishneh and others attempt to offer resolutions." + ], + [ + "Any food that is produced from forbidden species for which lashes are given for partaking of1I.e., foods that are forbidden by a negative commandment. is forbidden to be eaten according to Scriptural Law, e.g., milk from a forbidden species of domesticated animal or wild beast or the eggs of a forbidden species of birds or fish. [This is derived from Leviticus 11:16 which mentions]: \"the bat of the ostrich.\" [Our Sages2Chullin 64b. The term literally means \"the daughter of the ostrich.\" Our Sages, however, expanded the interpretation of the term as the Rambam explains. commented:] \"This refers to its egg.\" The same law applies to all species that are forbidden like an ostrich and all entities [that are produce] like eggs.", + "Human milk is permitted to be eaten,3I.e., even by an adult. Note, however, Halachah 4. although the meat of a human is forbidden to be eaten. We have already explained4Chapter 2, Halachah 3. that it is forbidden by virtue of a positive commandment.5Thus it does not contradict the general principle mentioned in the previous halachah.", + "Honey produced by bees and hornets6As the Maggid Mishneh mentions, there is a difference of opinion among the Sages in Bechorot 7b whether the honey of hornets is forbidden. This difference of opinion is perpetuated among the later authorities. See the Shulchan Aruch (Yoreh De'ah 81:9). is permitted. [The rationale is that] it is not a product of their bodies. Instead, it is collected in their mouths from herbs and then expelled in their hive so that they will be able to partake of it in the rainy season.", + "Although human milk is permitted, our Sages prohibited an adult to nurse from [a woman's] breasts. Instead, the woman should express it into a container7Or into a person's hands. She may not, however, express it into the person's mouth [the Shulchan Aruch (Yoreh De'ah 81:7)]. and the adult should partake of it. An adult who nurses from [a woman's] breast is like one who nurses from a teeming animal.8The Ra'avad and the Turei Zahav 81:9 explains that these words of censure were issued because an observer might think that the milk of a non-kosher animal is also permitted. He is given stripes for rebellious conduct.", + "An infant may continue to nurse for even four or five years. If, however, he was weaned for three days or more in a state of health and not because of sickness, he should not be allowed to nurse again.9Needless to say, if there is a danger to the child's life, he may be allowed to nurse again regardless of the amount of time for which he had been weaned [the Shulchan Aruch (Yoreh De'ah 81:7)]. [The above applies] provided he was weaned after 24 months. If he was weaned within that time, even if he was weaned for a month or two, it is permitted to have him nurse again until the conclusion of 24 months.10When an infant has never been weaned, he may continue past the 24 month limit as the Rambam states at the beginning of the halachah. If, however, he has been weaned, he is bound by this restriction [Beit Yosef (Yoreh De'ah 81)].", + "Although the milk of a non-kosher animal and the egg of a non-kosher fowl are forbidden according to Scriptural Law, [one is] not [liable for] lashes [for partaking of them. [This is derived from Leviticus 11:8] which states: \"You may not eat from their flesh.\" [Implied is that] one is liable for lashes for [partaking of] their flesh, but is not liable for lashes for [partaking of] their eggs and milk. One who partakes [of these substances] is like one who eats half the minimum measure [of a forbidden substance]. This is forbidden according to Scriptural Law, but one is not liable for lashes. Instead, he receives stripes for rebellious conduct.11See Chapter 4, Halachah 16, Hilchot Shivitat Esor 2:3, et al.", + "It appears to me that eating the eggs of non-kosher species of fish that are found in their bellies is comparable to eating the insides of the forbidden fish themselves12For they are part of the fish's body and are not separated by a shell. and one is liable for lashes according to Scriptural Law. Similarly, when a person partakes of the eggs of a non-kosher fowl that are hanging in a cluster without being separated from the mother's body or completed, he is liable for lashes as if he ate the insides of [the fowl itself].13For this instance as well, the eggs are not a distinct entity, but instead are considered part of the fowl's body. The Maggid Mishneh brings proof of this concept from Chapter 9, Halachot 4-5, which states that it is forbidden to eat such eggs together with milk and from Hilchot Sha'ar Avot HaTumah 3:10 which states that they convey ritual impurity like the meat of the fowl itself.", + "When one partakes of the egg of a non-kosher fowl inside of which an embryo has begun to take form, he is liable for eating a flying teeming animal.14The embryo is not considered as a non-kosher fowl. Nevertheless, it is already a distinct entity. Hence it is considered as a non-kosher teeming animal. The Maggid Mishneh mentions that there are other Rishonim who do not accept the Rambam's position.
The Siftei Cohen 15:1 explains that while the embryo is within the egg, it has the characteristics of a teeming animal.
If, however, one partakes of the egg of a kosher fowl inside of which an embryo has begun to take form, he is liable for stripes for rebellious conduct.15From Chullin 64a, it appears that there is only a Rabbinic prohibition against partaking of this embryo. Hence, this punishment is given.", + "[The following laws apply if] a blood spot is found on an egg.16This refers to an egg that could have been fertilized. If, however, we know that an egg was not fertilized, it is acceptable no matter where the blood spot is found. The blood itself, however, must be discarded [the Shulchan Aruch (Yoreh De'ah 66:7)]. Most of the eggs commercially sold are not fertilized. If it is found on the white, one should discard the blood and eat the remainder of the egg.17For the embryo has not begun to form and has not affected the entire egg. If it is found on the yolk, the entire egg is forbidden.18At this stage of development, the entire egg has been affected. See the Shulchan Aruch and Rama (Yoreh De'ah 66:2-3) which also mention other halachic perspectives with regard to blood found in fertilized eggs. Unfertilized eggs - a refined person partakes of them.19Even though they could be considered spoiled [see Rashi, Chullin 77a; Rama (Yoreh De'ah 66:7)].", + "When a chick is hatched, even if its eyes have not opened, it is permitted [to slaughter it and] eat it.20Until it is hatched, however, it is forbidden as indicated by Halachah 8. See also Siftei Cohen 15:2 who mentions authorities who suggest that one should wait until its wings start to develop before slaughtering it.
When a kosher animal became trefe,21Forbidden because it contracted a wound that will cause it to die within a year. its milk is forbidden like the milk of a non-kosher animal.22Although the milk comes from a kosher species, since the animal itself is unacceptable, its milk is also deemed unacceptable. Similarly, the egg of a kosher fowl that became trefe is comparable to the egg of a non-kosher fowl and is forbidden.23According to Rabbinic decree, this law applies to eggs that are found within a fowl that died without being ritually slaughtered [Shulchan Aruch (Yoreh De'ah 86:3)].", + "When a chick is hatched from an egg from a trefe fowl, it is permitted, for it is not from a non-kosher species.24Chulin 31a states that the fact that the egg from which the embryo is formed is trefe does not present a halachic problem. The rationale is that, for the embryo to form, the egg must decompose. Hence its halachic status does not affect that of the embryo. When there is an unresolved question whether a fowl is trefe or not, we retain25For 21 days [Bechorot 8a; the Shulchan Aruch (Yoreh De'ah 86:99]. This is the amount of time our Sages thought necessary for a fowl to begin laying a new batch of eggs. all the eggs it lays in its first batch.26I.e., the eggs it was carrying when it first became trefe. Although Chulin 58a states that a fowl which is trefe will not lay eggs, the intent is that it will not lay a new batch of eggs. It will, however, lay the batch it is presently carrying. If it grows another batch and begins laying them, the first ones are permitted.27There are opinions in the Ashkenazic halachic tradition that forbid such a chick. The Rama (Yoreh De'ah 86:7) states that the initial and preferred option is to respect these views. For if it was trefe, it would no longer lay eggs. If it does not lay eggs, [the first batch] are forbidden.", + "The milk of a non-kosher animal will not congeal and solidify as the milk of a kosher animal does. If the milk of a non-kosher animal is mixed together with the milk of a kosher animal, when the mixture is [set aside for cheese to be made], the kosher milk will solidify and the non-kosher milk will be expelled together with the whey of the cheese.", + "Accordingly, logic would dictate that any milk found in the possession of a gentile is forbidden, lest the gentile have mixed the milk of a non-kosher animal with it. And the cheese of the gentiles should be permitted, for the milk of a non-kosher animal will not form cheese. Nevertheless, during the age of the Sages of the Mishnah, they issued a decree against gentile cheese and forbade it, lest they use the skin of the stomach of an animal they slaughtered - which is forbidden as a nevelah28This term refers to an animal from a kosher species which died without being ritually slaughtered. - to cause it to solidify.29For milk to solidify as cheese, it needs a catalyst, rennin, to cause it to curdle. One of the most common sources of rennin was the digestive organs of an animal. For the enzymes that facilitate the digestion of food also produce such an effect. Using the skin of a non-kosher organ causes the cheese to be non-kosher for the reasons the Rambam proceeds to explain. See also Chapter 4, Halachah 19, and Chapter 9, Halachah 15.
As the Ra'avad and Maggid Mishneh mention, Avodah Zarah 35a gives several additional reasons for these prohibitions. The Rambam, however, does not mention them because the factors causing the prohibition could be nullified as explained in the following note. The Maggid Mishneh mentions that there are opinions that maintain that the motivating factor behind the prohibition against non-Jewish cheese is to prevent social interaction between Jews and non-Jews. Hence the prohibitions are never nullified even if there is a substantially larger quantity of the kosher substance.

If one would say: The stomach skin is a very small entity when compared to the milk that it is used to solidify. Why is it not nullified because of its insignificant size?30As will be explained, according to Scriptural Law, when a forbidden substance is mixed together with a kosher substance, it is nullified - i.e, considered as if it has become part of the permitted substance - if the quantity of the permitted substance is greater than it. According to Rabbinic Law, this is true when the quantity of the permitted substance is so great that the taste of the forbidden substance would not be detected. That would certainly be true in the instance at hand. Nevertheless, the forbidden substance is not nullified for the reason explained by the Rambam. Because it is used as the catalyst to cause the cheese to curdle. Since the catalyst which causes it to curdle is forbidden, everything is forbidden, as will be explained.31Chapter 9, Halachah 16; Chapter 16, Halachah 26.", + "[The following laws apply when] cheese is left to solidify with herbs or fruit juice, e.g., fig syrup, and it is apparent [that these substances were used for] the cheese. There are some of the Geonim who have ruled that it is forbidden, for [our Sages] already decreed that all the cheeses of gentiles are forbidden, whether they caused them to solidify with a forbidden entity or with a permitted entity.32This is also the Rambam's view. It is quoted by the the Shulchan Aruch (Yoreh De'ah 115:2. The Rama states that it is customary to follow this view. The Rama continues, stating that when a Jew observes a gentile milking the cows and making the cheese, it is permitted to partake of it even though the cheese belongs to the gentiles. He continues, stating that even if the Jew does not observe the gentile milking the cow, as long as he observes him making the cheese, the cheese is acceptable after the fact. The Turei Zahav 115:11 and the Siftei Cohen 115:22 quote opinions that differ and maintain that the prohibition should be observed even if a Jew did not observe the milking.
This difference of opinion is relevant today, reflecting the difference between chalav Yisrael cheese and ordinary kosher cheese. In both instances, the cheesemaking process is supervised. Chalav Yisrael cheese uses milk that was supervised when milked, while ordinary kosher cheese does not.
This is a decree, [instituted] because they cause them to solidify using forbidden entities.", + "When a person partakes of cheese from gentiles or milk that was milked by a gentile without a Jew observing him, he is given stripes for rebellious conduct.33For his behavior is in violation of an explicit Rabbinic prohibition. Even though the rationale for the original decree is no longer applicable, the prohibition established by our Rabbis is still in force. (See Hilchot Mamrim 2:2.)
In the present era, there are certain Rabbis (see Rav Moshe Feinstein, Igros Moshe) who give a rationale for leniency with regard to this prohibition, stating that government supervision makes it impossible for gentiles to mix non-kosher milk together with cow's milk and thus there is no necessity to heed that prohibition. It must be emphasized, however, that this responsum was authored before the time when it became relative easy to procure chalav Yisrael and that many other Rabbinical authorities never accepted this decision. On the contrary, basing themselves on the ruling of Hilchot Mamrim 2:2, they explain that the original decree must still be observed. As a result of their forceful stance, at present, it is possible to obtain chalav Yisrael products in almost every major Jewish community.
With regard to butter produced by gentiles, some of the Geonim permit it, for [our Sages] did not decree against butter and some of the Geonim forbid it,34The Shulchan Aruch (Yoreh De'ah 115:3) states that one should not rebuke those who permit the use of such butter, but if the local custom is to forbid it, that custom should be respected. At present, since it is possible to obtain chalav Yisrael butter in almost every major Jewish community, many Rabbis urge that this prohibition be observed. because of the drops of milk that remain in it. For the whey in the butter is not mixed with the butter35We are speaking about homemade butter which always has some small drops of whey within it. These drops, however, are not mixed with the butter itself, but instead remain as a separate entity. Hence, they cannot be nullified. See Kessef Mishneh. so that it will be nullified because of its minimal quantity. And we suspect that any milk [from gentiles] is mixed with the milk of a non-kosher animal.", + "It appears to me36This expression connotes a law derived by the Rambam through his deductive reasoning without an existing prior Rabbinic source. that if one purchased butter from gentiles and cooked it until the drops of milk in it disappeared, it is permitted.37The Kessef Mishneh explains that not only is this permitted after the fact, one may do so at the outset (lechatchilah). For it is possible that there is no forbidden substance present at all.
The Rama (Yoreh De'ah 115:3) quotes this ruling. Nevertheless, most of the authorities who forbid using non-Jewish butter maintain that, in practice, one should refrain from cooking it as well.
For if one will say that [drops of non-kosher milk] were mixed with the butter and it was all cooked together, they became insignificant because of the small quantity [involved].38I.e., the amount of non-kosher milk is surely insignificant in relation to the quantity of the mixture as a whole. Hence it is nullified. When, however, the butter is cooked by gentiles themselves,39I.e., in their own utensils. it is forbidden because of the effusion of gentile [foods], as will be explained.40As explained in Chapter 17, Halachah 2, it is forbidden to cook food in utensils belonging to gentiles, for the utensil will have absorbed some of the non-kosher food cooked in it previously and will discharge it into the kosher food during the cooking process.
The Kessef Mishneh and the Rama (loc. cit.) differ with the Rambam regarding this issue. See the notes to Chapter 17 Halachah 18, for a discussion of this matter.
", + "When a Jew sits near a herd belonging to a gentile and the gentile brings him milk from the herd, it is permitted [for him to partake of it] even though there are non-kosher animals in the herd. [This applies] even though he did not see him milk the animal, provided he could have seen him were he to stand.41Similarly, if the Jew walks in and out of the place where the milking is taking place, it is acceptable. For the gentile will fear that any moment, the Jew will return (Turei Zahav 115:3). [The rationale is that] the gentile is afraid to milk the non-kosher animal lest [the Jew] stand and see him.42The Rambam is explaining that although our Sages require that a Jew observe the milking of an animal, it is not necessary that he watch the actual milking. As long as he is present and could see what the gentile is doing, the gentile will refrain from mixing in a non-kosher substance.
The Rama (Yoreh De'ah 115:1) states that this ruling applies only after the fact. At the outset, the Jew must observe the milking and also check the container into which the gentile is milking.
The Maggid Mishneh clarifies that this ruling applies only when the gentile is milking the animal for the Jew and knows that the Jew will not drink the milk of the non-kosher animal. If he is not aware of the prohibition, we suspect that he will give the Jew milk from any animal in his herd.
", + "When both of the ends of an egg are rounded, both are pointed, or the yolk is on the outside and the white is on the inside, it is certainly from a non-kosher species. If one end is pointed, the other rounded, and the white is on the outside and the yolk is on the inside, it is possible that it is the egg of a non-kosher species and it is possible that it is the egg of a kosher species.43I.e., all kosher eggs have these characteristics, but not all eggs with these characteristics are kosher. Accordingly, the Jew should inquire of the Jewish44But not a non-Jewish hunter, as evident from the following halachah. hunter who sells them. If he tells him that they are from such-and-such a fowl and that this fowl is kosher, he may rely on him.45We are certain that he will not lie, because it is possible to bring other eggs from that species and see that they are not alike (Turei Zahav 86:1; Siftei Cohen 86:3). If, however, he tells him that they are from a kosher fowl, but does not mention its name, he may not rely on him.46For the method of verification mentioned in the previous note does not apply.
The Ra'avad rules that if the hunter has an established reputation for observance, we may rely on his word, even though he does not name the species of the fowl. The Maggid Mishneh states that, as indicated by the conclusion of Halachah 20, the Rambam would also accept that ruling. According to this understanding, the hunter we are speaking about is not known for his observance. Nevertheless, we rely on his statements.
In his notes to Halachah 20, the Rashba emphasizes that we are not speaking about a person who is known to sell non-kosher food as kosher. As evident from Hilchot Maaserot 12:16, such a person is considered as a gentile and his word is not accepted at all. Instead, the intent is someone whose reputation for observance has not been established, but is also not suspect to cause others to transgress.
", + "For this reason, we do not purchase eggs from gentiles unless one recognizes the eggs and can identify them as being from a particular kosher species of fowl.47The Maggid Mishneh quotes the Ramban who differs with the Rambam and maintains that there is no difference between a Jew whose reputation for observance is not established and a gentile. Just like we accept the Jew's word, we accept that of the gentile. For we assume that he will not risk his reputation by making false statements. The Shulchan Aruch (Yoreh De'ah 86:1) quotes the Rambam's ruling, while the Tur and the Rama cite that of the Ramban.
The Maggid Mishneh also quotes Rashba who states that in the present age, we purchase eggs from gentiles without compunction, because non-kosher species are uncommon and the overwhelming proportion of eggs sold are from chickens or geese. This ruling is quoted by the Shulchan Aruch (Yoreh De'ah 86:2).
We do not suspect that they came from a fowl that was trefe or nevelah.48I.e., that died without being ritually slaughtered; see Chapter 4, Halachah 1. We rule leniently, because it is very uncommon to have eggs from fowl in such a condition (Maggid Mishneh). And we do not purchase an [unshelled and] stirred egg from a gentile at all.49For we fear that it came from an egg that was trefe (Maggid Mishneh).", + "The distinguishing signs of fish eggs are the same as those for fowl. When both of the ends of an egg are rounded or both are pointed, it is non-kosher. If one end is pointed and the other rounded, he should inquire of the Jew who sells them.50For the distinguishing signs themselves are not sufficient for the eggs to be considered kosher. The Maggid Mishneh explains that although Avodah Zarah 40a would appear to indicate that the distinguishing signs are sufficient, since Chullin 64a compares fish eggs to fowl eggs, we assume that all the laws that apply to one apply to the other.
In his Shulchan Aruch (Yoreh De'ah 83:8), Rav Yosef Caro quotes the Rambam's ruling, but states that at present, it has become customary to buy any red fish eggs, even from gentiles. Black fish eggs, however, may not be purchased. In his Beit Yosef 81:12, he explains that the Rabbinic authorities of the earlier ages researched the matter and discovered that there are no common non-kosher fish that lay red eggs. See Siftei Cohen 83:27 who quotes other sources from which it is not clear whether or not this ruling was accepted in all communities.
If he tells him that he salted them51I.e., to preserve them, for it is common to bring fish eggs from distant places. and removed them from a kosher species,52Naming the species as in Halachah 18. he may partake of them on the basis of his statements. If he tells him that they are kosher, he may not rely on him unless he is a person who has an established reputation for observance.", + "Similarly, we may not purchase cheese and pieces of fish that do not have distinguishing signs except from a Jew who has an established reputation for observance. In Eretz Yisrael, at the time it was populated primarily by [observant] Jews,53As indicated by Chapter 11, Halachah 25, today, the same principles that apply in the Diaspora apply in Eretz Yisrael. one could purchase these items from any Jew located there. And it is permitted to purchase milk from any Jew, anywhere.", + "When a person pickles non-kosher fish, the brine produced is forbidden. The brine produced by non-kosher locusts, by contrast, is permitted, because they do not possess any moisture.54In the Rambam's Commentary to the Mishnah (Terumot 10:9), he states that they possess very little moisture. The Ra'avad differs with the Rambam's ruling and forbids brine from non-kosher locusts. Accordingly, we do not purchase brine from gentiles unless there is a kosher fish floating in it.55For then we assume that the brine came from this species of fish. Even one fish is sufficient.", + "When a gentile brings a trough filled with open barrels of brine and there is a kosher fish in one of them, they are all permitted.56For we consider all the open barrels as a single entity and the one fish indicates that the entire quantity is acceptable. See Kessef Mishneh. This represents the Rambam's understanding of Avodah Zarah 39b-40a. The rulings of the Shulchan Aruch (Yoreh De'ah 83:6) quotes the Rambam's ruling, but also those of others who interpret that passage differently. If they are closed, one opens one and finds a kosher fish and one opens a second and finds a kosher fish, they are all permitted.57The intent is not that all the barrels are considered as a single entity, but that since two barrels are discovered to be kosher, we assume that the others are also kosher (Kessef Mishneh). [This applies] provided the head of the fish and its backbone are present so that it is recognizable that they are from a kosher species of fish.58I.e., by looking at the head and the backbone, the person is able to recognize that the fish comes from a kosher species. One alone, i.e., either the head or the backbone, is not sufficient (Avodah Zarah 40a).
For this reason, we do not purchased crushed, salted fish from gentiles which are called terit terufah.59In his Commentary to the Mishnah (Avodah Zarah 2:6), the Rambam explains that it was customary to crush and stir the fish until it produces a mixture like dough that was used as a dip. If, however, the head and the backbone of a fish is recognizable, even though it is crushed, it is permitted to purchase it from a gentile.60I.e., if we discover the head and the backbone of one fish, we may purchase a larger quantity, because we do not expect that kosher fish and non-kosher fish were salted together (Maggid Mishneh).", + "When a gentile brings a keg of pieces of evenly cut up fish and it is obvious that they are from one fish,61The Siftei Cohen 83:4 notes that the Shulchan Aruch (Yoreh De'ah 83:4) does not quote the Rambam's wording and explains that according to that source, it is not necessary for it to be obvious that they all come from one fish.
If it is not obvious that they come from one fish, the Shulchan Aruch (loc. cit.) rules that only the piece with scales is permitted.
they are all permitted if he finds scales on one of the pieces.62For every fish that has scales will also have fins." + ], + [ + "A person who partakes of an olive-sized portion of a domesticated animal, wild beast, or fowl which dies is liable for lashes, as [Deuteronomy 14:21] states: \"Do not partake of any nevelah.\"1Sefer HaMitzvot (negative commandment 180) and Sefer HaChinuch (mitzvah 472) include this among the 613 mitzvot of the Torah. All animals that were not slaughtered in the appropriate manner are considered as if they died. In the Laws of Shechitah, we will explain which types of slaughter are appropriate and which are not.", + "Only animals from kosher species are forbidden as a nevelah, for they are the species that are fit to be ritually slaughtered and if they are slaughtered in a kosher manner, it is permitted to partake of them. [When,] by contrast, one partakes of [meat from] a non-kosher species, [since] ritual slaughter is of no consequence with regard to them, whether they are slaughtered in a kosher manner, whether they died in a natural manner, or whether one cut meat from a living animal and ate it, one does not receive lashes for partaking of a nevelah or partaking of trefe meat,2See Halachah 10. only because one ate the meat of a non-kosher animal.3From Chullin 100b, it would appear that the rationale for this ruling is the general principle: \"One prohibition does not fall upon another prohibition.\" Since the meat is already prohibited because it is from a non-kosher species, the prohibition of nevela does not apply to it. The Rambam's wording, however, is slightly different and may be alluding to a slightly different rationale.", + "When a person eats an [entire] kosher fowl4Which was not correctly slaughtered. of any size, he is liable for lashes for partaking of a nevelah, even though he ate less than an olive-sized portion. [The rationale is that] he consumed it in its entirety.5This reflects a general concept with regard to the laws of kashrut. As stated in Chapter 2, Law 21, whenever \"one eats an entire forbidden creature by itself, one is liable for lashes according to Scriptural Law even if it is smaller than a mustard seed.\"
The commentaries (Maggid Mishneh, Rav Moshe HaCohen) question why the Rambam states that the person is liable for eating a nevelah. Seemingly, the prohibition he transgresses is eating a limb from a living animal (see Chapter 5). The Meiri explains the Rambam's position, stating that an entire creature cannot be considered as \"a limb.\"
If he ate it after it died, it must be the size of an olive [for him to be liable].6For the conception of being liable for an entire creature even though it is not the size of an olive, applies only when that creature is inherently forbidden (Meiri). While alive, the bird is considered as an entire forbidden entity, like a non-kosher species. After its death, that distinction does not apply. Even though it does not have an olive-sized portion of meat on it, since as a whole, it is the size of an olive, he is liable for [partaking of] a nevelah.7For we include the bones and the sinews as well (Chullin 102b).", + "When a person partakes of an olive-sized portion of a stillborn fetus8The same laws apply if the fetus is born alive, but it is obvious that the birth is not viable. Even if the animal is slaughtered in the appropriate manner, we are forbidden to partake of it. of a kosher animal, he is liable for lashes for partaking of a nevelah.
It is forbidden to partake of a newborn animal until the night of the eighth day [of its life].9I.e., even if the animal is slaughtered properly, it is forbidden because it is possible that the birth is not viable. Although our Sages (Chulin 136a) spoke of the eighth day of an animal's life, their intent was the beginning of the eighth day (Maggid Mishneh). For whenever an animal has not lived for eight days, we consider it as stillborn, but lashes are not administered [for partaking] of it.10Since it is not a definite matter, lashes are not administered (ibid.). [Moreover,] if it is known that the animal was born after a full term period of gestation, i.e., nine months for a large domesticated animal and five months for a small domesticated animal, it is permitted on the day that it was born.11In contrast, an animal may not be offered as a sacrifice until the eighth day of its life (Exodus 22:29; Turei Zahav 15:3).", + "The placenta that is expelled together with the newborn is forbidden to be eaten. A person who eats it, however, is not liable,12I.e., he is not considered to have partaken of a nevelah. because it is not [considered] meat.13For as stated in Halachah 18, these are not considered meat, but rather comparable to an animal's wastes. For that reason, the Ra'avad (in his gloss to Chapter 5, Halachah 13) states that there is no prohibition against partaking of a placenta.", + "When a person eats an olive-sized portion of a kosher14I.e., like the prohibition of nevelah, the prohibition of trefe does not apply with regard to non-kosher species. domesticated animal, wild beast, or fowl that was mortally wounded is liable for lashes, as [Exodus 22:30] states: \"Do not eat meat [from an animal that was] mortally wounded (trefe) in the field. Cast it to the dogs.\"15I.e., even if it was slaughtered properly before it died, the meat is, nevertheless, forbidden, as stated in the following halachah. Sefer HaMitzvot (negative commandment 181) and Sefer HaChinuch (mitzvah 73) include this among the 613 mitzvot of the Torah.
The term trefe employed by the Torah refers to [an animal] mortally wounded by a wild beast, e.g., a lion, a tiger, or the like, or a fowl mortally wounded by a bird of prey, e.g., a hawk or the like.16As the Rambam proceeds to explain in Halachah 8, the term trefe also applies in other situations. Nevertheless, there is an added dimension of severity to the laws applying to animals that are mortally wounded by beasts, as stated in Hilchot Shechitah 5:3 (Maggid Mishneh; Kessef Mishneh). We cannot say that the term trefe refers to an animal that was attacked and killed, for if it died, it is a nevelah. What difference does it make if it died naturally, was struck by a sword or died, or was battered by a lion and died? Thus [the term trefe] must refer to an instance when it was mortally wounded, but did not die.", + "If an animal that is mortally wounded is forbidden, shall we say that if a wolf or a lion comes and drags a kid by its foot, its tail, or its ear, and a man pursues [the beast] and saves [the kid], it will be forbidden, because it was attacked?17The term trefe literally means \"preyed upon.\" Our translation \"mortally wounded\" is the halachic definition as the Rambam proceeds to explain. The Torah states: \"Do not eat meat [from an animal that was] mortally wounded (trefe) in the field. Cast it to the dogs.\" [An animal is not considered trefe] unless it was brought to a state that its meat is fit [only] for the dogs. Thus we have learned that the term trefe employed by the Torah refers to [an animal] that was attacked by a wild beast and battered by it that has not died yet. Even if the person hurries and slaughters it before it dies, it is forbidden as trefe. For it is impossible that it will live after suffering such wounds.", + "Thus we have learned that the Torah forbade [an animal] that died, a nevelah, and it forbade one that was on the verge of death because of its wounds even though it has not died yet, i.e., a trefe.
Now we do not make a distinction with regard to an animal that has died regardless of whether it died naturally, it fell and died, it was strangled until it died, or it was attacked by a wild beast who killed it. Similarly, we do not make a distinction between an animal that is on the verge of death, regardless of whether it was attacked by an animal and battered, fell from the roof and broke the majority of its ribs,18This and the following examples are specifically mentioned by the Rambam in Hilchot Shechitah 10:1, 9:8, 11:4, 6:1. fell and crushed its limbs, it was shot with an arrow and its heart or lung pierced, it developed an illness that caused its heart or lung to be perforated, one broke the majority of its ribs, or the like. Since it is on the verge of death regardless of the cause, it is a trefe. [This applies] whether [its wound] was caused by flesh and blood or by God's hand.
If so, why does the Torah use the term trefe? For Scripture speaks with regard to prevalent situations.19This is a general principle employed by our Sages with regard to the interpretation of the Torah's language. When it mentions a specific situation, it is not confining itself to the limited setting mentioned in the verse, but applies to other circumstances as well. Why is that situation mentioned? Because it is common. [We are forced] to say this. If not, only an animal that was mortally wounded in the field would be forbidden.20For only that is in the direct scope of the verse. One that is mortally wounded in a courtyard would not be forbidden. Thus we learn that Scripture [is employing this example,] only because it speaks with regard to prevalent situations.", + "The intent of the verse is that [an animal] that is mortally wounded and will not live21Longer than twelve months (Hilchot Shechitah 11:1). because of these wounds is forbidden. On this basis, our Sages said:22Chulin 42a. \"This is the general principle: Whenever [an animal] in this condition will not live, it is trefe.\" In Hilchot Shechitah,23From Chapter Five to Chapter Eleven. A concise list is found in Chapter 10, Halachah 9. we will explain which conditions cause an animal to be deemed trefe and which do not cause it to be deemed trefe.", + "Similarly, when one cuts meat from a living kosher24For as mentioned above, the prohibition against partaking of a trefe applies only with regard to kosher animals. animal, one receives lashes for partaking of a trefe.25See Chapter Five, Halachot 2-3, where the Rambam distinguishes between this prohibition and the prohibition against partaking of a limb from a living animal. Note, however, Hilchot Melachim 9:10-11 where the Rambam includes eating the meat from an animal and eating a limb from an animal as a single prohibition for a gentile. For this meat comes from an animal that has not been ritually slaughtered and has not died. [Hence it is comparable to a trefe.] What difference does it make to me if it was attacked by an animal or cut by a knife? And what difference does it make if [the animal] was [wounded] in its totality or only a portion of it was wounded?26I.e., just as we forbid the meat of an animal that was mortally wounded, we should forbid a portion of meat that was cut off with a knife. For the verse states: \"Do not eat meat [from an animal that was] trefe in the field.\" Since [a portion of] the animal was made meat in the field,27I.e., the meat was cut off from its natural place. See also Chapter 5, Halachah 9. it is trefe.", + "When an animal is sick because it is weakened and is on the verge of death, it is permitted, because it did not suffer a wound in any one of the limbs and organs that will cause it to die. For the Torah forbade only those situations resembling an animal mortally wounded by a preying wild beast. In that situation, the animal wounded it with a blow that caused it to die.28With this explanation, the Rambam is clarifying the distinction Chulin 37a makes between an animal which is misukenet (dangerously ill) and trefe. The trefe condition is a result of wound, while in the case of a misukenet, all of its limbs and organs are sound. Nevertheless, as stated in Hilchot Trefot 5:2, there are other physical conditions which render an animal trefe even if it has not been attacked by an animal. These conditions were communicated as halachot to Moses at Sinai.", + "Although it is permitted, the great sages would not partake [of the meat] of an animal which people were hurrying to slaughter before it died.29The Maggid Mishneh (based on Chullin 37b) interprets this as a gesture of pious conduct. Note, however, Siftei Cohen 17:8. [This applies] even if it makes convulsive movements after being slaughtered.30Such a convulsive movement is a sign that it was alive at the time that it was slaughtered, as the Rambam continues to explain in the following halachah. This is a matter that does not involve a prohibition. Nevertheless, whoever desires to accept this stringency upon himself is praiseworthy.31The Maggid Mishneh quotes opinions that maintain that this leniency was granted only to alleviate the financial loss a Jewish owner of an animal would suffer. Therefore, meat from an animal belonging to a gentile which is in such a condition should not be eaten. The Shulchan Aruch (Yoreh De'ah 116:7) quotes this ruling.", + "When a person slaughters a domesticated animal, wild beast, or fowl and blood does not flow out from them, they are permitted. We do not say: perhaps they were dead already. Similarly, when one slaughters a healthy animal and it does not make convulsive movements, it is permitted.
Different [rules apply with regard to an animal that] is dangerously ill, i.e., one which cannot maintain itself when others cause it to stand it up.32It must be able to stand up on its own when called or hit with a switch. If it is stood up by hand, it is still considered dangerously ill even if it is able to remain standing [Rama (Yoreh De'ah 17:1); Siftei Cohen 17:1]. [It is placed in this category] even if it eats the food of healthy animals. If [such an animal] is slaughtered and does not make any convulsive movements at all, it is a nevelah33I.e., we assume that it died before the slaughter was completed (see Chulin 38a). and one is liable for lashes [for partaking] of it. If it makes convulsive movements, it is permitted.
The convulsive movements must be made at the end of the slaughter. If they are made at the beginning, they are of no consequence.", + "What is meant by convulsive movements? For a small domesticated animal and for both a small and a large wild beast, the intent is that it extended its foreleg and returned it, extended its hind leg even though it did not return it, or merely bent its hind leg.34The Maggid Mishneh and the Siftei Cohen 17:4 quote opinions that rule that if a small domesticated animal's foreleg was extended and it bent it, that is sufficient to render it acceptable. This is considered a convulsive movement and [the animal] is permitted. If, however, it merely extended its foreleg and did not return it, it is forbidden. [This movement is] merely a result of the expiration of the soul.
With regard to a large domesticated animal, [more lenient laws apply]. If it either extended its foreleg or its hind leg without bending it or bent its foreleg or hind leg without extending it, it is considered as a convulsive movement and it is permitted. If, however, it neither extended or bent its foreleg or its hind leg at all, it is considered as a nevelah.
With regard to a fowl, even if it only blinked its eyelid35Note the Siftei Cohen 17:5 which quotes different versions of Chullin 38b that state that a fowl must move its wing. Winking its eyes is not sufficient. or swatted its tail, it is considered a convulsive movement.36The Maggid Mishneh (and the Turei Zahav 17:4 and the Siftei Cohen 17:6) quote opinions that maintain that swishing its tail is also sufficient for an animal to be considered as having made a convulsive movement.", + "When one slaughters an animal that is dangerously ill at night and does not know37I.e., because he cannot see. Needless to say, if the room is illuminated, this law does not apply. whether or not it made convulsive movements, it is forbidden, because of the possibility that it is a nevelah.38I.e., we follow the principle that when a doubt concerning a Scriptural prohibition is involved, we rule stringently.", + "None of the substances prohibited by the Torah can be combined with each other [to reach the minimum measure for which one is liable for lashes] with the exception of the prohibitions that apply to a nazarite, as explained in that source.39As stated in Hilchot Nazirut 5:3, although there are separate prohibitions against eating raisins, grape peels, grape seeds, and partaking of wine, if one combined all these substances together, one is liable. Therefore when a person takes a small amount of fat, a small amount of blood, a small amount of the meat of a non-kosher animal, a small amount of the meat of a nevelah, a small amount of the meat of a non-kosher fish, a small amount of the meat of a non-kosher fowl, or the like from other prohibited substances, although he collects an olive-sized portion from the entire mixture and partakes of it, he is not liable for lashes. He is bound by the laws that apply when one eats half the minimum measure [of a forbidden] substance.40In which instance, the prohibition is Scriptural in origin, but lashes are not given (Chapter 3, Halachah 6).
The Rambam's statements in this and the following halachah touch on an issue of general significance. Rabbi Meir (Avodah Zarah 66a) maintains that forbidden substances of different types can be combined together to make a person liable for lashes. The Sages differ and maintain that they cannot be combined, but instead are judged individually. If there is enough of the one substance to make one liable, he is liable. If not, he is exempt.
The principle stated in Halachot 18-19 is a correlory to these concepts. Since the forbidden substances are not combined with each other, but are instead considered as discrete entities, they help nullify each other, as explained there.
", + "All [types of] nevelot may be combined together. A nevelah may be combined with a trefe. All the non-kosher animals and wild beasts may be combined with each other. But the meat of a nevelah and the meat of a non-kosher animal may not be combined.
What is implied? When one takes [some meat] from a nevelah of an ox, some from the nevelah of a deer, some from the nevelah of a chicken and combined it so that he has an olive-sized portion of meat, he is liable for lashes if he eats it. Similarly, if he collected half of an olive-sized portion from the nevelah of a kosher animal and half of an olive-sized portion from a trefe, or half of an olive-sized portion from the meat of a nevelah and half from meat taken from a living kosher animal,41For this is included in the prohibition against a trefe, as stated in Halachah 10. he is liable if he eats it. Similarly, if he collects an olive-sized portion [by combining] the meat of a camel, a pig, and a hare,42Although each one of these species is mentioned separately in the Torah, they are all included in the same prohibition. he is liable if he eats it.
If, by contrast, he takes half of an olive-sized portion of a nevelah of an ox and half an olive-sized portion of a camel [an eats it], they are not combined.43The Ra'avad mentions that this point is the subject of a difference of opinion among the Sages of the Talmud, seemingly implying that the opinion which maintains that they should be combined should be followed. The Maggid Mishneh justifies the Rambam's position. Similar principles apply in all analogous situations. Similarly, the meat of a non-kosher animal, fowl, or fish are not combined for they involve different prohibitions. For each one is forbidden by a separate negative commandment, as we explained.44See Chapter 2. Nevertheless, all the forbidden species of fowl can be combined as may all the forbidden species of domesticated animals and wild beasts.
This is the general principle: Whenever substances are included in the same prohibition, they may be combined. [If they are included] in two [separate] prohibitions, they are not combined. The [only] exceptions are a nevelah and a trefe. [The rationale is that] a trefe is the beginning of [an animal] becoming a nevelah.", + "When a person eats the skin, the bones, the sinews,45Note the Rambam's Commentary to the Mishnah (Chulin 9:1) which interprets the Hebrew term giddim as also referring to veins, arteries, and nerves. the horns, or the hoofs46This applies even if the portions eaten were soft and blood spurts from them. of a nevelah, a trefe, or a non-kosher domesticated animal or wild beast, from the nails of a non-kosher fowl in the places where blood would spurt through when they are cut off, or from their placenta,47As stated in Halachah 5. although this is forbidden, he is not liable. [The rationale is that] they are not fit to be eaten. They cannot be combined with meat [in the measure of] an olive-sized portion.", + "[Milk found in] the stomach of a nevelah and the stomach of a non-kosher animal48The Rambam does not distinguish between milk that has coagulated and milk that is fluid. For even if it is fluid, it is already considered as a waste product. (Kessef Mishneh). is permitted, for it is like other waste products of the body. Therefore, it is permitted to use [milk found in] the stomach of an animal slaughtered by a gentile or the stomach of a non-kosher domesticated animal or wild beast to cause cheese to solidify.49I.e., since the digestive juices from the animal's stomach have already mixed with this milk, it will be an effective catalyst to cause the large quantity of milk to curdle and harden into cheese. See also Chapter 3, Halachah 13, and Chapter 9, Halachah 15.
The Rama (Yoreh De'ah 81:6) differs and quotes Rabbenu Tam's opinion states that liquid milk found in the stomach of a forbidden species is forbidden. Moreover, at the outset, one should not use even dried milk found in the stomach of a non-kosher animal as a catalyst because of the impression it will create. After the fact, it is permitted.
The skin of the stomach, by contrast, is like the other digestive organs and is forbidden.", + "The placenta of a donkey50Our translation is based on the glosses of Rashi and Tosafot, Bechoros 7b. The Ra'avad differs with the Rambam's ruling and maintains that this placenta is forbidden. The Maggid Mishneh justifies the Rambam's ruling. is permitted to be eaten because it is like dung and urine which is permitted. There is skin which is considered like meat and one who partakes of an olive-sized portion is considered like one who eats an olive-sized portion of meat, provided one partakes of it when it is soft.51And not processed so that it becomes hard like leather.", + "The following [types of] skins are considered like meat: the skin of a human, the skin of a domesticated pig,52That of a wild boar, by contrast, is too tough to be eaten. the skin of a camel's hump upon which a burden has never been loaded, [because] it has not reached the age [to serve as a beast] of burden, for then it is still soft, the skin of genital area, the skin that is below the tail, the skin of a fetus, the skin of the hedgehog, the chameleon, the lizard, the snail.53As mentioned in the notes to Chapter 2, Halachah 7, the names of these species are a matter of debate. When all of these skins are soft, they are considered like meat with regard to all matters, whether with regard to [liability54This addition is necessary, for there is a prohibition against partaking of any skin, as stated in Halachah 18. for] the prohibition against partaking of them or with regard to the laws of ritual purity.55For an olive-sized portion of the meat of a nevelah can convey ritual impurity, while a hide or a piece of leather that size does not.", + "With regard to an ox condemned to be stoned,56For goring a human being. See Hilchot Nizkei Mammon, ch. 10, which explains the pertinent laws. [Exodus 21:28] states: \"Its meat shall not be eaten.\" Now, how could one think that it would be eaten after it was stoned to death, for it is a nevelah?57For it died without ritual slaughter. Instead, the Torah is coming to teach you that once it has been sentenced to execution by stoning, it becomes forbidden; it becomes like a non-kosher animal. [Even] if one hurried and slaughtered it in an acceptable manner [before it was executed], it is forbidden to benefit from it.58Sefer HaMitzvot (negative commandment 188) and Sefer HaChinuch (mitzvah 52) include this among the 613 mitzvot of the Torah.
Instead, the corpse of the executed animal should be buried (Hilchot Pesulei HaMukdashim 19:11).
If one eats an olive-sized portion of its meat, he is liable for lashes. And when it is executed by stoning, its [meat] should not be sold or given to the dogs or to a gentile, [as implied by the phrase]: \"shall not be eaten.\"59As stated in Chapter 8, Halachah 15, unless there is a teaching that states otherwise, this phrase implies both a prohibition against eating and a prohibition against deriving benefit. It is permitted [to benefit from] the dung of an ox condemned to be stoned.60As stated in Hilchot Ishut 5:2, the rationale is that the dung is considered of negligible importance with regard to the ox itself. As implied by Halachah 20, the dung of an animal is not considered as part of the animal itself, nor is it included in the prohibitions applying to it.
If it is discovered that [a condemned ox] is not liable to be stoned after it was sentenced, e.g., the witnesses who testified against it were disqualified, it may be sent out to pasture with the herd. If this was discovered after it was executed, it is permitted to benefit from [its meat]." + ], + [ + "According to the Oral Tradition, we learnt1Chullin 102b. that [the intent of] the Torah's statement \"Do not partake of the soul together with the meat\" [is to] forbid a limb cut off from a living animal.2Sefer HaMitzvot (negative commandment 182) and Sefer HaChinuch (mitzvah 452) include this prohibition among the 613 mitzvot of the Torah. With regard to a limb cut off from a living animal, it was said to Noah [Genesis 9:4]: \"But flesh, together with its soul, its blood, you may not eat.\"3This prohibition is also one of the seven universal laws commanded to Noah and his descendants (Hilchot Melachim 8:10).
The prohibition against [partaking of] a limb from a living animal applies to kosher domesticated animals, wild beasts, and fowl, but not to non-kosher species.4Since the species is forbidden, no additional prohibitions apply.", + "The term ever [translated as \"limb\"] applies both to a limb that has flesh, sinews, and bones, e.g., a hand or a foot, and to an organ that does not have a bone, e.g., the tongue, the testicles, the spleen, the kidneys, the heart, and the like.5The Merkevat HaMishneh notes that this represents a difference between this prohibition and the prohibition against ritual impurity stemming from a limb where the limb must possess a bone. He explains that there a bone is necessary, for the source of the impurity is that of a corpse, and a corpse possesses bones. [There is, however, one difference.] When an organ does not possess a bone, the prohibition [against partaking of] a limb from a living animal applies whether one cut off the entire organ or only part of it.6The Ra'avad differs with the Rambam and does not accept this distinction. He maintains that partaking of part of an organ is also included in the prohibition against partaking of a trefe. When, by contrast, a limb possesses a bone, a person is not liable [for violating the prohibition against] a limb from a living animal unless he separates it in its complete state, with its flesh, sinews, and bones. If, however, he only removes flesh from the living animal, he is liable for [the prohibition against partaking of] a trefe [animal] as explained,7Chapter 4, Halachah 10. and not because of a limb from a living animal.", + "One is liable for lashes only for partaking of an olive-sized portion of a limb from a living animal. Even if one eats an entire limb or organ, if it is the size of an olive, one is liable;8We do not consider an organ or limb as a distinct creature and hold him liable, as he is liable for partaking of an ant, even if it is smaller than an olive. Chulin 102a explains that we require an olive-sized portion for the verse that states the prohibition speaks of \"partak[ing] of the soul.\" The term partaking is appropriate only when one eats an olive-sized portion. if not he is exempt.
If one cut off a olive-sized portion of flesh, sinews, and bones from the limb according to its natural form and ate it, one is liable, even if it possessed only the smallest amount of meat.9Since one did not alter its natural form, one is liable for the bones and sinews as well. If, however, one separated a limb which he tore off from a living animal and detached the flesh from the sinews and the meat, he is not liable for lashes unless he eats an olive-sized portion of the meat alone. The bones and the sinews are not included in the olive-sized portion since he changed [the limb's] natural form.", + "When one divides this organ and eats it bit by bit, he is liable if there is an olive-sized portion of meat in what he ate.10Even though he did not detach the meat from the sinews and the bones, since he cut the limb and distorted its natural form, we consider only the meat and not the other elements of the limb. If not, he is exempt. If he took an olive-sized portion of a limb with flesh, sinews, and bones according to its natural form and ate it, he is liable, even though it became divided inside his mouth before he swallows it.", + "When a person rips a limb from a living animal and causes it to become trefe when doing so, he is doubly liable for partaking of it: once for [partaking of] a limb from a living animal and once for [partaking of] a trefe. Both of these prohibitions take effect at the same time.11This explains why the person is liable for the prohibition against partaking of a trefe, for seemingly, we should follow the principle \"a prohibition does not fall on a substance which is already forbidden.\" This principle does not apply in this instance, for here, both prohibitions take effect at the same time. Hence, one does not take precedence over the other and the transgressor is liable for both. (See Hilchot Issurei Bi'ah 17:8-10; Chapter 14, Halachah 18, for explanation regarding these principles.) Similarly, if one rips fat from a living animal and partakes of it, he is doubly liable: for [partaking of] a limb from a living animal and for [partaking of] fat.12He is liable for both prohibitions, because the prohibition against partaking of a limb from a living animal is of a wider scope (issur mosif; i.e., it is forbidden to gentiles as well as Jews) than the prohibition against partaking of forbidden fat (Lechem Mishneh).
Kin'at Eliyahu asks why a limb taken from a forbidden species is not forbidden. Here also, the prohibition against taking a limb from a living animal is of a wider scope than that against partaking of a forbidden species.
If he rips fat from a trefe [animal], he is liable for [the violation of] three [negative commandments].13The two mentioned in the previous clause and the prohibition against partaking of a trefe.
He is liable for all three prohibitions, because the prohibition against partaking of forbidden fat is of a wider scope than the prohibition against partaking of a trefe and the prohibition against partaking of limb of a living animal is of a wider scope than the other two (ibid.).
", + "[The following rules apply when] meat is disjoined from an animal and an organ is hanging from it. If it is impossible that this meat will again become a living part of the body, it is forbidden,14From a comparison to the following halachah, it appears that this prohibition is of Scriptural origin. but one is not liable for lashes for it. [This applies] even though it was not separated [from the animal] until after it was slaughtered. If the animal dies, we consider [the limb] as if it fell off while [the animal] was alive.15Chullin 74a makes this distinction between an animal that dies naturally and one which is ritually slaughtered. Therefore one receives lashes for [partaking] of it, because of the prohibition against [partaking of] a limb from a living animal. If, however, the limb could again become a living part of the body and the animal is ritually slaughtered, it is permitted.16For it is considered as part of the animal.", + "If one pulled an organ [from its natural position],17Without detaching it. crushed it, ground it, e.g., one crushed testicles or pulled them from their place [and then slaughtered the animal, the organ] is not forbidden according to Scriptural Law. [The rationale is] that it possesses a trace of life - as evidenced by the fact that it does not decay. Nevertheless, it is forbidden to partake of it as a result of a custom followed by the entire Jewish people from previous generations. For it resembles a limb separated from a living animal.", + "[The following laws apply when an animal's] bone was broken:18In Hilchot Shechitah 8:11-12, the Rambam mentions instances where a broken bone causes an animal to be designated as trefe. Here the Rambam is speaking of instances where the broken bone does not cause the animal to be trefe and the question involves merely the broken limb. May the meat from that limb be eaten or not? If the flesh or the skin covers the majority of the thickness of the broken bone and the majority of the circumference of the fracture, it is permitted. If the bone emerged outside [the skin], the limb is forbidden. When the animal or the fowl is slaughtered, one should cut off [the limb] at the place where it is broken and discard it. The remainder of the limb is permitted.
We rule that [the limb] is forbidden until the flesh is healed [in all the following situations]: the bone broke, the flesh covers the bone, but that flesh was crushed or decayed like flesh which a doctor would remove, it is scattered in many different places,19I.e., when one would calculate the entire amount of the flesh, it would be large enough to cover the majority of the bone. Nevertheless, it is not located in large sections, but is instead, made up of many small pieces. there were many perforations within the flesh,20None of these perforations, however, caused a decrease in the mass of the flesh. the flesh was cracked or pierced like a ring, the flesh was rubbed off from above until only a [thin] peel remained, or the flesh decayed from below around the broken bone to the extent that the flesh surrounding the bone does not touch it.21Chullin 76b mentions all these circumstances without reaching a final ruling regarding them. Hence we rule stringently. If a person partook [of the limb] in any of these [circumstances], he is liable for stripes for rebellious conduct.", + "When a person inserts his hand into the inside of an animal, cuts off the spleen, one of the kidneys, or the like,22I.e., organs that do not cause an animal to be considered as a trefe. but leaves [the severed organ] inside the animal, and then slaughters it, the pieces cut off are forbidden as organs from a living animal although they remained within the animal's womb. If, however, he cut away [a portion of] a fetus within the womb, but did not remove it, and then slaughtered [the mother], the pieces or limbs of the fetus are permitted because they did not emerge [outside the mother].23This distinction is made on the basis of Chulin 68a, 69a. The rationale is that the animal's organs are an integral part of it. On the basis of Deuteronomy 14:5, \"You shall eat it,\" our Sages explain when it's whole, you may eat everything within it, but not when it is lacking. The fetus, however, is not considered an integral part of the animal. Hence, as long as its limbs have not emerged outside the womb, they are permitted with the slaughter of the mother.
When a fetus sticks its foreleg or hind leg out of the womb, that limb is forbidden forever, whether one cuts off [the limb] before he slaughters the mother or afterwards.24From this halachah and Halachah 11, we see that there are two prohibitions involved: partaking of a limb considered trefe and partaking of a limb from a living animal. At times, one applies, and in other situations, the other applies. Even if it returns the limb to the womb of the mother and afterwards, [the mother] was slaughtered or the fetus was born and lived for several years,25The Maggid Mishneh and Kessef Mishneh interpret this as referring to a situation where the fetus was not born before the mother was ritually slaughtered (see also Halachah 12). Instead, the mother was slaughtered while the fetus was still in its womb. Afterwards, the fetus was taken out and it survived. If, however, the fetus is born before the mother is slaughtered, the leg which emerged is not forbidden. When the calf is slaughtered, all of its legs are permitted. There are authorities who differ whether this is the Rambam's intent. Most, however, agree that this ruling should be followed in practice [Rama (Yoreh De'ah 14:2)]. that limb is forbidden as a trefe. [The rationale is that] all meat that emerged from its natural position is forbidden as flesh that was separated from a living animal.
[This is derived from the phrase (Exodus 22:30 :] \"Meat [from an animal that was] mortally wounded (trefe) in the field.\" [Our Rabbis extrapolated:] When meat comes out to a place that is like a field for it,26I.e., it is not its natural place. it becomes trefe, as we explained.27See Chapter 4, Halachah 10.", + "[When the fetus] sticks out a portion of a limb and a portion remains within, even if it is only the minority of it, the portion which emerged is forbidden and that which remained within is permitted.
If he cuts off the portion of the limb that emerged after it was returned within the animal and the animal was slaughtered, only that portion is forbidden, the remainder of the limb is permitted. If he did not return it to the womb and it remained outside and he cut it off there, the place where he cut it off - i.e., the place on the limb open to the air after the limb was cut off - is forbidden. He must afterwards cut off this portion as well. [This applies] whether he [originally] cut off the portion of the limb before [the mother] was slaughtered or afterwards.", + "Whenever a limb emerges and is cut off before the animal is slaughtered while it is outside, it is considered as a limb from a living animal28As evident from a comparison to Halachah 9, the prohibition against partaking of a trefe applies only when the limb was cut off following the ritual slaughter of the mother. and one is worthy of lashes for partaking of it. [This applies] even if the fetus dies before [the mother] is slaughtered.29For the ruling is dependent on the mother's condition, not that of the fetus. Even if the fetus dies, it is permitted to partake of it after the slaughter of the mother (see Tosafos, Chullin 72a). If it is cut off after ritual slaughter, one who partakes of it is not liable for lashes,30I.e., he is not liable for lashes for transgressing the prohibition against partaking of a limb of a living animal. As reflected by Halachah 9, he violates the prohibition against partaking of a trefe. The Ra'avad maintains that he is liable for lashes for this violation. The Maggid Mishneh maintains that this situation is comparable to a maimed limb as described in Halachah 6 in which instance a Scriptural prohibition is involved, but one is not liable for lashes. even if it dies. If [the mother] dies and then one cuts off this limb, one who partakes of it is liable for lashes for the prohibition against partaking of a limb from a living animal.31And not for either the prohibition against partaking of a trefe or a nevelah. The death of the mother causes the limb to be considered as if it fell off during the animal's lifetime. See Hilchot Sha'ar Avot HaTumah 2:9 which explains the parallels that apply with regard to the laws of ritual impurity.", + "[The following rule applies when] a fetus sticks out a limb and that limb becomes forbidden and then the fetus is born.32The Maggid Mishneh states that this also refers to a situation where the fetus was born after the mother was slaughtered. If it is female, we are forbidden to drink its milk because of an unresolved halachic question.33Chullin 69a asks whether this milk can be compared to milk from a kosher animal or not. The distinction is that a kosher animal will become permitted if it is slaughtered in the ritual manner and this limb will never become permitted. For the milk comes from all of the animal's limbs and it has a limb which is forbidden. Hence, it is comparable to milk from a trefe animal that becomes mixed with milk from a kosher animal.", + "When a person slaughters a kosher animal that is pregnant and discovers a fetus - whether live or dead - within it, the fetus is permitted to be eaten.34With regard to a live fetus, see the following halachah. With regard to a dead fetus, the Rambam is emphasizing that it is not considered as a separate entity (in which case it would be forbidden as a nevelah), but instead as one of the limbs of the mother. Even the placenta is permitted to be eaten.35Chapter 4, Halachah 5, states that a placenta that is expelled together with the newborn is forbidden to be eaten. In this instance, however, since the placenta has not been expelled, it is still considered part of the mother's body and permitted.
[The following rules apply if] a portion of the placenta emerged and then one slaughtered the mother. If the placenta was attached to the fetus, the portion which emerged is forbidden36Like the limb of a fetus that emerged before ritual slaughter (Maggid Mishneh).
The Ra'avad states that the placenta is comparable to an animal's waste products and therefore is not forbidden at all. The Maggid Mishneh justifies the Rambam's ruling.
and the remainder is permitted. If it is not attached to the fetus, it is forbidden in its entirety, for perhaps the fetus that was in this placenta disappeared37Which was not permitted because of the slaughter of the mother. and maybe the placenta of the fetus that is found in the womb disappeared. Needless to say, if a fetus is not found in the womb at all, the placenta is forbidden in its entirety.", + "If one finds a living fetus [in the womb of a slaughtered animal] - even though it has been carried for nine months,38I.e., the period of gestation was full term. and it is possible that it will live, it does not require ritual slaughter.39And can be killed in any manner. Instead, it is acceptable because of the slaughter of its mother. If it steps on the ground, it requires ritual slaughter.40Because of the impression that might be created (Chullin 75b).", + "If a person ripped open an animal41Without slaughtering it according to Torah law. or slaughtered an animal that was trefe and found a live fetus that had been carried for nine months, [that fetus] must be ritually slaughtered to be permitted.42The Rama (Yoreh De'ah 13:3) states that at present, we do not permit any fetus found in the womb of a trefe even if it was ritually slaughtered. The slaughter of its mother is not effective.43Since the slaughter of the mother does not cause the mother to be permitted, it is not effective with regard to the fetus.
If the period [of gestation] was not completed, it is forbidden even though it is alive in the womb of the trefe animal. [The rationale is that] it is considered as one of the mother's limbs.44Since the period of gestation has not been completed, it is not considered as an independent entity. Even if it is taken from the womb and lives for a brief time, ritual slaughter does not cause it to be permitted. Whenever an animal thrust its head [out of the womb] and then returned it and [only] afterwards its mother was slaughtered, the slaughter of its mother has no bearing on it, it is considered as if it was born and it must be ritual slaughtered [to be permitted]." + ], + [ + "When a person partakes of an olive-sized1Although blood is a liquid, the Rambam mentions an olive-sized portion, i.e., a measure of mass, rather than a fourth of a lug, a liquid measure. It is possible to explain that since the Torah uses the word \"eat\" while stating the prohibition, the intent is the same measure that applies with regard to other prohibitions involving \"eating,\" an olive-sized portion. portion of blood intentionally, he is liable for karet.2The soul is cut off in this world (i.e., the person dies prematurely) and in the world to come (Hilchot Teshuvah 8:1). Whenever a person is liable for karet, he is punished by lashes if he was warned before committing the transgression. If lashed, he is absolved from karet.
Sefer HaMitzvot (negative commandment 184) and Sefer HaChinuch (mitzvah 148) include this prohibition among the 613 mitzvot of the Torah.
If he does so inadvertently, he is liable to bring a fixed sin-offering.3This term is used to differentiate this offering from a guilt offering whose value is adjusted according to the person's means.
It is explicitly stated in the Torah that he is liable for partaking of blood from all domesticated animals, wild beasts, and fowl alone. This applies whether they are from a non-kosher or kosher species,4In contrast to the prohibition against partaking of cheilev, forbidden fat, which applies only with regard to kosher species of domesticated animals. as [Leviticus 7:26] states: \"You may not partake of any blood from a fowl or an animal in all your dwellings.\" A wild beast is considered as an animal as [Deuteronomy 14:4-5] states: \"These are the animals that you may eat: an ox... a gazelle and a deer....\"5I.e., the verse uses the term behemah which more specifically refers to domesticated animals and mentions both domesticated animals and wild beasts.
One is not, [by contrast,] liable for transgressing of the prohibition against partaking of blood6One may, however, be liable for another prohibition as the Rambam continues to explain. for partaking of the blood of fish, locusts, creeping animals, teeming animals, or humans. Therefore it is permitted to partake of the blood of kosher fish and locusts. Even if one collects it in a container and drinks it, it is permitted.7The Ra'avad and the Maggid Mishneh note that Keritot 21a states that it is permitted to partake of fish blood that has been collected only when fish scales are placed in it. Otherwise, it is forbidden because of the impression that may be created. The Shulchan Aruch (Yoreh De'ah 66:9) quotes this view. The blood of non-kosher fish and locusts is forbidden because it comes from their bodies like the milk of a non-kosher animal.8As apparent from Chapter 3, Halachot 1 and 6, although this prohibition is of Scriptural origin, it is not punishable by lashes. See also Chapter 3, Halachah 22. The blood of creeping animals is comparable to their bodies, as we explained.9Chapter 2, Halachot 9-10.", + "The blood of a human is forbidden according to Rabbinic law if it departed [from the person's body]. One is liable for stripes for rebellious conduct for [partaking] of it. When, by contrast, one's teeth bleed, he may swallow it; he need not hold himself back. If one bit into bread and found blood upon it,10I.e., the same blood that he is permitted to swallow. he must scrape away the blood before partaking of it, for the blood has departed [from the body].", + "One is liable for karet only for blood that flows out [from the animal] when it is slaughtered, killed, or decapitated as long as it is tinted red, blood that is collected within the heart,11See the Rambam's Commentary to the Mishnah (Keritot 5:1) where he states that this is the blood of fundamental importance. See also Halachot 5-6. and blood that is let, i.e., blood that flows forcefully [from the body]. One is not, however, liable for blood that drips at the beginning of bloodletting before it begins to flow forcefully or blood that drips at the ending of bloodletting when the bleeding begins to cease. It is like \"blood within the limbs.\" [The reason for the distinction is that] blood that flows forcefully is bleeding through which the soul may expire.", + "One is not liable for karet for concentrated blood12I.e., blood that flows slowly after the majority of the animal's blood has already been discharged. See the Rambam's Commentary to the Mishnah (loc. cit.). or the blood within the limbs, i.e., the blood of the spleen, the kidneys, the testicles, the blood that collects in the heart at the time the animal is slaughtered, and the blood found in the liver.13There is a difference of opinion among the Rabbis if the prohibition against the blood of the liver is Scriptural or Rabbinic in origin. See the gloss of Rav Moshe HaCohen. A person who partakes of an olive-sized portion of it, however, is liable for lashes, as it is written: \"You may not partake of any blood.\"14The term \"blood within the limbs\" appears to refer to blood that is absorbed within the meat and organs of the animal. As indicated later in this chapter and as stated in the Shulchan Aruch (Yoreh De'ah 67:1, this blood is forbidden only when it emerges from the meat or moves from place to place within the meat. See the notes to Halachah 12. With regard to one's liability for karet [Leviticus 17:11] states: \"For the soul of the flesh is in the blood.\" [Implied is that] one is liable for karet only for blood that causes the soul to expire.", + "When a fetus is found in an animal's womb, its blood is like the blood of an animal that has been born.15There is a distinction between the blood of a fetus and its fat (which is permitted in certain circumstances, see Chapter 7, Halachah 3). The rationale is that the verse forbidding blood prohibits \"any blood\" (Lechem Mishneh). Therefore one is liable for the blood that is collected in its heart.16As stated in Halachah 3. The remainder of its blood, by contrast, is considered as the blood of the limbs.17According to the Maggid Mishneh, even if one slaughters the fetus after removing it from its mother's womb, he is not liable for partaking of its blood.", + "Whether one [desires to] roast or cook a heart, one must cut it open, remove its blood, and then salt it.18As stated in Halachah 12, the Rambam maintains that even when one roasts meat, he must salt it first. As stated in the notes to that halachah, there are other Rabbis who differ with that point and require salting only when one cooks meat. See also the Rama (Yoreh De'ah 72:1) which quotes certain authorities that forbid eating a cooked heart, even if it was cut open and salted. If one cooks a heart without cutting it open, one may cut it open after it was cooked. It is then permitted.19Pesachim 74b states that the meat of the heart is smooth and hard and will not absorb the blood. Other substances that are cooked with it, however, are forbidden (Maggid Mishneh in the name of the Rashba). The Ra'avad and others differ with the Rambam and consider a heart cooked with its blood as forbidden. This is the view cited by the Shulchan Aruch (Yoreh De'ah 72:2). If one did not cut it open and partook of it, one is not liable for karet.
When does the above apply? With regard to the heart of a fowl, because it does not contain an olive-sized portion of blood.20The heart of a fowl is not large enough for there to be an olive-sized portion of blood absorbed within its meat before slaughter. And it is only that blood for which one is liable for karet. If an olive-sized portion of blood collects there when the animal is slaughtered, one is liable for lashes. If, by contrast, one [partakes] of the heart of an animal, one is liable for karet. For there is an olive-sized portion of blood within the heart and therefore one is liable for karet.21This indicates that according to the Rambam, even when one cooks blood, one is liable for kereit for partaking of it (Lechem Mishneh). Other authorities differ and maintain that if blood has been cooked or salted, one is not liable according to Scriptural Law (Siftei Cohen 87:15).", + "If one cuts open the liver22The Shulchan Aruch (Yoreh De'ah 73:1) states: \"The liver has an abundance of blood. Therefore at the outset, it is not a sufficient measure to prepare it for cooking by salting.\"
The liver must be cut open thoroughly so that the blood contained in the blood vessels inside of it will flow out. Afterwards, placing it in vinegar or hot water causes the blood to be sealed in its place and not to flow into other portions of the liver. It is only blood that flows from place to place within the meat itself that is forbidden (Kessef Mishneh).
and casts it into vinegar or boiling water until it turns white, it is permitted to cook it afterwards.23Implied is that if one desires to roast it, there is no difficulty (Maggid Mishneh).
Many opinions maintain that we are not knowledgeable with regard to the process of casting a liver in vinegar or boiling water in the present age and should not rely on this practice. This view is quoted in the Shulchan Aruch (Yoreh De'ah 73:2).
It has already become universal Jewish custom to singe it over a fire24See the Rambam's Commentary to the Mishnah (Terumot 10:11) where the Rambam mentions ordinary roasting and not singeing for the liver to be permitted. and then cook it. [This applies] whether one cooks it alone or one cooks it with other meat.25The Rama (Yoreh De'ah 73:1) states that it must be roasted to the extent that it is fit to be eaten. The Siftei Cohen 73:2 explains that this means that it must be roasted at least half the extent to which one would normally roast it.
Similarly, it is a common custom that the brains are not cooked nor roasted until they are singed over a fire.26The Maggid Mishneh states that this custom is not as widespread as the custom of singeing the liver. Instead, he writes that it is customary to cut open the membrane surrounding it and then to salt it thoroughly. See the Shulchan Aruch (Yoreh De'ah 71:3).", + "When a liver was cooked without being singed over a fire or cast into vinegar or hot water, the pot in which it was cooked is forbidden entirely: the liver and everything cooked with it.27The Shulchan Aruch (Yoreh De'ah 73:2) follows the opinion that the liver itself is permitted if it is cooked after being salted, though everything cooked with it is forbidden. The Rama, however, states that the Rambam's view should be followed.
It is permitted to roast a liver together with other meat on one spit, provided the liver is positioned below [the other meat].28For then the blood will not flow from the liver to the other meat. Hence, even at the outset, this is permitted. The Shulchan Aruch (Yoreh De'ah 73:4) states that this ruling applies with regard to the ovens that existed in the Talmudic era. In the present era, however, it is common to turn the spit upside down. Hence, one should not roast the liver together with other meat. If one transgressed and roasted it while it was positioned above the meat, [after the fact,] one may eat it.", + "It is permitted to cook a spleen29That has been salted [Shulchan Aruch (Yoreh De'ah 74:1)]. together with meat, because it is not blood, but meat that resembles blood.
When one breaks the neck of an animal before its soul expires, the blood is absorbed into the limbs.30I.e., the animal suffers internal bleeding when its neck is broken. Since it is in the midst of expiring, it does not have the potential to expel this blood from its system. Instead, it becomes absorbed in its meat [Tur (Yoreh De'ah 67)]. It is forbidden to eat raw meat from it even if one causes the blood to be sealed.31By casting it into vinegar or boiling water.
To explain the difficulty the Rambam is addressing: There is a certain amount of blood absorbed in the meat of an animal. It is forbidden to partake of blood that has moved from place to place within an animal's body and cooking meat will certainly cause such movement. To avoid this difficulty, we salt meat, for this removes the blood. Casting meat in vinegar or boiling water does not remove blood, but instead causes it to be sealed in its place without moving even when the meat is cooked. Hence, according to the Rambam, this process is effective for ordinary meat. It is not, however, effective in this instance, for the internal bleeding that resulted from the breakage of the neck leaves blood that is not in its natural place (Kessef Mishneh, see also his gloss to Halachah 12).
What should be done? One should cut open32Our translation follows the gloss of the Lechem Mishneh who states that one should cut open the meat to allow its blood to flow out. The Maggid Mishneh states that it is unnecessary to cut open the meat and his view is accepted by the Shulchan Aruch (Yoreh De'ah 67:3). The Rama, however, states that at the outset, one should be stringent. the piece and salt it thoroughly and afterwards, cook it or roast it.33It is then permitted, because the salting removes all the blood.
We have already explained34Chapter 4, Halachah 13. In that chapter, the emphasis was that the animal was not dead when slaughtered. Here the Rambam is restating the law to emphasize that we do not fear that the blood became absorbed within the meat and will not be released through salting. that when a person slaughters a domesticated animal, wild beast, or fowl and no blood emerges, they are permitted.", + "Meat does not release [all] the blood it contains unless it is salted thoroughly and washed thoroughly. What should one do? One should wash the meat first35Among the reasons given for this initial washing are:
a) it removes the blood on the external surface of the meat;
b) it softens the meat and enables the blood inside to flow out more easily;
c) it enables the salt to adhere well to the surface of the meat.
and afterwards, salt it thoroughly. One should leave it in the salt for the time it takes to walk a mil36A mil is a Talmudic measure equivalent to approximately a kilometer. According to many Rabbinic opinions, it takes 18 minutes to walk a mil. [This view is cited in the present context by the Shulchan Aruch (Yoreh De'ah 69:6).] The Rambam, however, follows a more stringent view [see his Commentary to the Mishnah (Pesachim 3:2)] and requires 24 minutes.
The Rama states that these measures are acceptable only after the fact or when there is an urgent need to prepare meat quickly. Otherwise, meat should be allowed to soak in water for at least half an hour.
and then wash it thoroughly, [continuing] until clean water emerges.37This washing removes the salt and blood from the meat. The Shulchan Aruch (Yoreh De'ah 69:7) states that the meat should be washed twice and the Rama requires a third washing. Immediately afterwards, one should cast it into boiling water - warm water is not [sufficient] - so that it will become white immediately and [no further] blood will be released.38This follows the Rambam's view that we are knowledgeable in the process of casting meat into hot water to seal it in its place. (As mentioned above, there are many who maintain that we lack that knowledge.) Moreover, in this instance, once the meat has been salted, there is no need for this measure, because all its blood has been released. For this reason, the Ra'avad and the Maggid Mishneh object to the Rambam's ruling. It is, however, mentioned by the Shulchan Aruch (Yoreh De'ah 69:19).", + "When we salt meat, we salt it only in a utensil that has holes.39So that the blood will drain out and not be reabsorbed by the meat. If one salted meat in utensil that did not have holes, all the meat lying in the brine is forbidden. Moreover, the outer surface of the meat above the brine becomes forbidden [Shulchan Aruch (Yoreh De'ah 69:18)]. The Rama maintains that the entire piece of meat becomes forbidden.
We salt it only with thick salt that resembles coarse sand. [The rationale is that] salt that is thin like flour will be absorbed by the meat and will not extract the blood.40The Shulchan Aruch (Yoreh De'ah 69:3) states that one should be careful not to use salt with overly large crystals for they will not adhere to the meat. The Rama adds that if one has only thin salt, it is permitted to salt meat using it.
One must shake the salt from the meat before washing it.41For the water will stop the meat from releasing blood. Afterwards, the salt may cause the blood on the surface to be reabsorbed into the meat (Siftei Cohen 69:27).", + "All of the above procedures apply with regard to meat that one must cook. For roasting, by contrast, one may salt the meat and roast it immediately.42When meat is cooked, the blood will enter the pot in which it is being cooked and cause the meat and any other substances to become forbidden. When it is being roasted, the blood will flow down from the spit without being absorbed.
The Maggid Mishneh states that the Rambam's words imply that he maintains that one must salt meat before roasting it. There are other Rabbinic opinions that do not accept that approach. (They are favored by the Shulchan Aruch (Yoreh De'ah 76:1).
The Rashba emphasizes that if one salts meat and does not roast it immediately, he should wash off the salt and the blood. Otherwise, the blood may become reabsorbed. The Rama rules that one should wash meat and salt it slightly before roasting it and should roast it directly after salting it.

When a person desires to eat raw meat, he should salt it thoroughly43The Rambam's statements have attracted the attention of the commentaries, for they appear to contradict his approach in Halachah 9 and in the latter clause of this halachah. To explain: From Halachah 9, it would appear that it is forbidden to eat raw meat that is not salted only when there is internal bleeding while the animal is being slaughtered. For although the meat contains blood, that blood is forbidden only when it moves from one part of the meat to another while cooking. If one eats the meat raw, such a transfer will not take place.
Similarly, the latter clause of this halachah permits meat when it is cast into vinegar because the blood becomes sealed in its place. Implied is that the blood itself is permitted.
This clause, by contrast, states that one must salt the meat to remove the blood even when one eats the meat without cooking it. Implied is that the blood is forbidden even though it has not moved from place to place within the meat. The Kessef Mishneh resolves the contradiction, explaining that since the blood is fit to move from place to place, it is forbidden. Hence, the latter clause which speaks about blood that is sealed in its place does not represent a contradiction. Similarly, this interpretation allows Halachah 9 to be understood in a manner that does not produce a contradiction.
It must be emphasized that the Ra'avad and many other authorities object to the Rambam's ruling and maintain that as long as the blood has not actually moved from place to place, it is not forbidden. Therefore it is permitted to partake of raw meat without salting it. It must, however, be washed thoroughly to remove all blood on its surface. This view is cited by the Shulchan Aruch (Yoreh De'ah 67:2).
and wash it thoroughly. If he causes the blood to be sealed [by casting the meat into] vinegar, it is permitted to eat the meat while raw.44As mentioned previously, in the Ashkenazic community (and also among many Sefardim), the custom of sealing blood by casting meat into vinegar is no longer practice. See Rama (Yoreh De'ah 67:6). And it is permitted to drink the vinegar which sealed it, for vinegar does not extract blood.", + "Vinegar in which meat was sealed should not be used to seal meat a second time.45For its power has been weakened (Rashi, Chulin 33a). When a piece of meat turns red within vinegar,46The Ra'avad objects to the Rambam's ruling, maintaining that it is based on an improper interpretation of Chulin 93b. The Shulchan Aruch (Yoreh De'ah 67:4-5 appears to think that the interpretations are not mutually exclusive, for it accepts both of them. it and the vinegar are forbidden. [It can be permitted by] salting it thoroughly and roasting it.
When meat turns red,47An indication that it has absorbed additional blood. similarly, the testicles of an animal or beast and their membranes,48For they also contain large quantities of blood. See Chulin 93a. and similarly the neck which contains large blood vessels that are filled with blood, it is permitted to cook them if they are cut open and salted as required. If one did not cut them open and instead roasted them on a spit, they are permitted if he roasted the neck with its opening facing downward or he roasted all of them on the coals themselves.", + "[The following rules apply when one] roasts the head of an animal in an oven or a furnace. If one hangs the head with the opening to its neck49Literally, the place where the animal was slaughtered. hanging downward, it is permitted, for the blood will emerge and flow outward.50The Rama (Yoreh De'ah 68:1) states that, as an initial and preferred measure, it is customary to be stringent and not to roast the head while it is whole at all, even if the opening to the neck is positioned downward. If the opening to the neck is positioned to the side, the brain is forbidden, because the blood collects in it.51If, however, a hole is made in the skull and its membranes so that the blood can drain off, the brain is permitted [Rashba, as quoted by the Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 68:1)]. The remainder of the meat on the external surface of the bones is permitted.52The brain must, however, be removed from the skull, before the skull is cooked (Maggid Mishneh in the name of the Ramban).
Should he [roast it] with its nose positioned downward, if he places a straw or a reed in its nose so that it will remain open and the blood can flow out through it, [the brain] is permitted. If not, it is forbidden.", + "One should not place a utensil beneath meat53That has not been salted and left to let the blood drain off. that is being roasted to collect the juice [dripping from it] until no red color remains in the juice. What should be done?54For if one waits until there is no trace of the blood, the fat that one wishes to collect will also have drained off. One places a small amount of salt55One should use only a small amount of salt. If one uses a large amount, the blood will become mixed with the fat (Maggid Mishneh). in the utensil and leaves the utensil there until the meat roasts. He then removes the fat resting on top. The liquid below the fat is forbidden.56Because it is mixed with blood. Since the fat does not mix with the other liquids but instead floats above them, it remains a distinct entity and is permitted.
The Maggid Mishneh writes that there are opinions that we are not familiar with the details of this process. Hence one should not rely on this leniency. This approach is followed by the Tur and the Shulchan Aruch (Yoreh De'ah 76:6) which state that one should not place a utensil under the meat until the meat is roasted to the extent that it can be eaten.
", + "When roasted meat is sliced over a piece of bread, it is permitted to eat the bread, for [the liquid] which exudes is only fat.57I.e., once the meat is roasted to the extent that it is fit to be eaten, we assume that all the forbidden blood has drained off.
When fish and fowl are salted together, even in a utensil with holes, the fish are forbidden. [The rationale is that] the fish is soft and will absorb the blood which is being exuded by the fowl.58Generally, when pieces of meat are being salted together and the utensil has holes so that the blood can run off, the meat is permitted even if the blood from other meat flows over it. The rationale is that since it is expelling its own blood and/or other juices, it will not absorb blood. Fish, however, will expel its blood and juices far faster than meat or fowl and will complete that process before the meat completes expelling its blood. Hence, we fear that it will absorb the blood from the meat or fowl (Maggid Mishneh).
All that is forbidden is the external surface of the fish (kedai kelipah). Once that is cut off, the remainder of the fish is permitted [Shulchan Aruch (Yoreh De'ah 70:1)]. The Rama rules that all the fish are forbidden. This stringency applies when the fishes' scales have been removed. If they have not been removed, the fish are permitted.
Needless to say, [this law applies] if one salted fish together with the meat of an animal or beast.", + "When one leaves fowl whole, stuffs their cavity with meat and eggs, and cooks them, they are forbidden, for the blood flows into them.59I.e., into the stuffings. Afterwards, the blood will become reabsorbed into the fowl itself and cause it to become forbidden. This applies even if one salted them thoroughly,60The Maggid Mishneh interprets the Rambam's ruling as being dependent on his ruling in Halachah 10 that after being salted, meat must be placed in hot water. In this instance, the fowl's stuffing prevents the boiling water from having the desired effect on the fowl.
Alternatively, the Rambam's ruling can be understood according to the statements of the Shulchan Aruch (Yoreh De'ah 77:1) who rules that initially one must salt both sides of the fowl. If the fowl was already stuffed, salting just the exterior is not sufficient, because it will not effect the blood on the inside. See also the Rama who rules that at the outset, fowl must be salted properly and any meat placed within it must be salted properly. Only in such a situation should one cook a fowl with stuffing.
and even if the meat inside them was cooked or roasted. If one roasted [the fowl], they are permitted.61For the fire will cause all the blood to drain out. [This applies] even if the meat inside them was raw and even if their opening was pointed upward.62Even in such a position, the power of the fire will cause the blood to drain downward.", + "When one filled intestines [that were not salted] with roasted or cooked meat in this manner or with eggs and cooked them or roasted them, they are permitted. [The rationale is that] we do not presume that there is blood in the intestines.63Hence salting is not required. The Geonim ruled in this manner.", + "[The following rules apply when] one coated fowl64The Maggid Mishneh interprets this halachah as referring to fowl that were salted, but were not placed in water after the salting. According to the Shulchan Aruch (Yoreh De'ah 78:1), it applies to fowl that were not salted. The Shulchan Aruch continues, stating that according to the present custom, one should not coat meat that is being roasted unless it has been salted and washed first. with flour and roasted them, whether whole or cut in portions. If they were coated with coarse flour, one may partake of the coating, even if it became reddish. [The rationale is that] coarse flour will crumble65I.e., it will not stick thoroughly to the sides of the fowl. Thus there will be space for the blood to drain through. and the blood will flow outward. When they are coated with wheat flour that was moistened [before being ground],66In which instance, the flour is very thin and hence, clings tightly to the fowl. it is permitted to eat from the coating if it is white like silver. Otherwise, it is forbidden. If they were coated with other flours, they are forbidden if they turn red. Otherwise,67Even if they are not white like silver. they are permitted.", + "It is forbidden to use a knife that was used for ritual slaughter to cut hot meat68The Rambam's ruling is based on the following points. There is a difference of opinion among our Sages (Chullin 8b) whether the portion of the animal's neck where it is slaughtered is considered as \"hot\" at the time of slaughter, in which instance, when the animal is slaughtered some of its blood would be absorbed into the knife. Or it is not hot, in which instance, there is no such absorption.
From the Rambam's ruling (here and in Chapter 17, Halachah 7), it appears that he maintains that the animal's neck is not \"hot.\" Nevertheless, he requires certain safeguards in consideration of the other views.
This issue is a matter of concern only when the meat being cut itself is hot. For otherwise, the blood absorbed in the knife will not be transferred to it.
The Maggid Mishneh mentions that there is another opinion which maintains that even though the animal's neck is cold, the pressure of cutting causes the knife to absorb some blood. See the Shulchan Aruch (Yoreh De'ah 10:2) and commentaries.
unless the knife was exposed to fire until it turned white, sharpened in a sharpener or inserted into hard earth ten times. [After the fact,] if one cut hot meat with it, it is permitted.
Similarly, one should not cut radishes or other sharp foods69Since these foods are sharp, they produce an effect similar to actual heat and have the potential to affect forbidden foods absorbed in a knife. Therefore safeguards should be taken. with it at the outset. If one washed the knife or cleaned it with a utensil, it is permitted to cut radish and the like with it, but not hot meat.", + "When meat has been salted in a bowl,70Seemingly this refers to a bowl that does not have holes. Nevertheless, there are authorities who also forbid using a bowl that has holes. The Rama (Yoreh De'ah 69:17) states that at the outset, one should not use even a bowl that has holes, but after the fact, the food is permitted. one is forbidden to eat hot food71The Shulchan Aruch (Yoreh De'ah 69:16) also quotes an opinion that forbids using the bowl for cold food at the outset if it has not been washed. in it for all time,72One of the fundamental principles of the laws of kashrut is that an earthenware vessel can never be kashered. Once it absorbs forbidden matter, it will never be dislodged from it (see Chapter 17, Halachah 2). Hence once the bowl has absorbed the blood, there is no way that the earthenware utensil will be permitted again. for the blood has already been absorbed in its clay.73And will be released when the hot food is placed in it, causing that food to become forbidden. [This applies] even if [the utensil] is coated with lead.74Were the utensil to be made of lead alone, it could be kashered by boiling water in it (hagalah), as is the law with regard to metal utensils. In this instance, however, the metal is just a coating and the blood will penetrate to the earthenware base. Hence, it remains forbidden." + ], + [ + "When a person willfully eats an olive-sized portion of forbidden fat,1The term forbidden fat refers to the Hebrew term cheilev, to distinguish it from shuman which refers to fat that may be eaten. Unless otherwise mentioned, the term \"fat\" in this text will refer to forbidden fat. he is liable for kerat. If he partakes of it inadvertently, he must bring a fixed sin-offering.
It is explicitly stated in the Torah that he is liable for partaking2There is, however, no prohibition against benefiting from forbidden fat. See Chapter 8, Halachah 15. [of the fat] of the three species of kosher domesticated animals alone, as [Leviticus 7:23] states: \"Do not partake of any fat from an ox, lamb, or goat.\"3Sefer HaMitzvot (negative commandment 185) and Sefer HaChinuch (mitzvah 147) include this prohibition among the 613 mitzvot of the Torah. [This applies] whether one partakes of fat from an animal that is ritually slaughtered or one partakes of fat from a nevelah or a trefe [from a kosher species].4See the following halachah. With regard to other domesticated animals and wild beasts, whether non-kosher or kosher, their fat is comparable to their meat.5I.e., there is no separate prohibition concerning it. If the animal is kosher, its fat is not considered cheilev and is permitted. If the animal is not-kosher, its fat is of course forbidden, but it is not bound by a separate prohibition. This reflects a contrast to the prohibition against partaking of blood mentioned in the previous chapter. Similarly, the fat of a stillborn fetus of the three species of kosher animals is comparable to its flesh. When one partakes of an olive-sized portion of it, one is liable for lashes for partaking of a nevelah.6There is not, however, a separate prohibition for partaking of its forbidden fat. From Chulin 75a, it appears that this leniency applies only when the fetus is stillborn before its full period of gestation is completed. If, however, the full period of gestation is completed, the prohibition against cheilev does apply (Maggid Mishneh; Siftei Cohen 64:5). See also Halachot 3-4.", + "When a person partakes of the fat of a nevelah or a trefe, he is liable for partaking of fat and for partaking of a nevelah or a trefe. [The rationale]7I.e., why we do not follow the principle that one prohibition does not fall upon another. is that since a prohibition is added to its meat - for it was permitted beforehand - it is also added to its fat.8The fat was forbidden previously and a further prohibition is added when the meat becomes forbidden. Hence one is liable for two sets of lashes.", + "When a person slaughters an animal and finds a fetus in its womb, all of its fat is permitted.9Contrast this to the prohibition against gid hanasheh as stated in Chapter 8, Halachah 1. [This applies] even if the fetus is alive, because it is considered as a limb of [the mother]. If it was carried for the full period of gestation and discovered to be alive, its fat is forbidden and one is liable for kerat for partaking of it. [This applies] even if [the fetus] never stepped on the ground and does not require ritual slaughter.10As stated in Chapter 5, Halachah 14. The Ra'avad mentions an opinion which states that one is not liable. The Shulchan Aruch (Yoreh De'ah 64:2) cites both views.. [Instead,] we must remove all the forbidden strands of tissue and membranes from it as [is required] with regard to other animals.", + "When a person inserts his hand into an animal's womb and cuts off and takes out the fat of a fetus that has undergone a full period of gestation, he is liable11From the Rambam's inclusion of the phrase \"takes out,\" the Kessef Mishneh concludes that the prohibition applies only when the fat is taken out from the mother's womb while the animal is still alive. If the fat is left inside the womb and then the animal is slaughtered, he maintains that the fat is permitted. This conclusion is cited by the Turei Zahav 64:4 and the Siftei Cohen 64:6. for it in the same way as if he cut off the fat of the animal itself. [The rationale is that the fulfillment of the gestation period] is what causes the prohibition against fat.12The Maggid Mishneh clarifies that this stringency does not apply when the fetus dies in its mother's womb even if it has completed the nine months of gestation.", + "There are three types of forbidden fat for which one is liable for kerat: the fat on the digestive organs, on both kidneys, and on the flanks. The fat-tail, by contrast, is permitted to be eaten.13The Shulchan Aruch (Yoreh De'ah 64:5) states that one must remove the fatty portion on the inner side. It is called fat only with regard to the sacrifices, just as the kidneys and the large lobe of the liver are referred to as \"fat\" with regard to the sacrifices.14Chulin 117a interprets Leviticus 3:16: \"All of the cheilev to God\" as referring to the portions of the animal offered on the altar. These include the kidneys and the lobe of the liver although they are not \"fat\" (see Hilchot Maaseh HaKorbanot 1:18). Instead, the intent of term cheilev in the verse is \"choice portions.\" Similarly, we find the expressions15Genesis 45:18; Deuteronomy 32:14. \"the fat of the land,\" and \"wheat as fat as kidneys\" [where the intent is not \"fat,\"] but \"choice.\"
Since these entities are being raised up from the sacrifice to be consumed with fire for God, they are called \"the fat,\" i.e., the choice portion, for there is nothing more choice than the portion consumed with fire for God. For this reason, with regard to terumat ma'aser16The tenth of the tithe which the Levites who receive the tithe must separate and give the priests. [Numbers 18:30] states: \"When you raise up its fat from it.\"17Here also the intent of the term cheilev is \"choice portions.\"", + "The fat on the abdomen18An animal has four stomachs. We have chosen synonyms arbitrarily to describe them. and on the gut is what is meant by the term \"the fat on the digestive organs.\" One is liable for the fat at the joints of the thighs on the inside. This is what is meant by the term \"the fat on the flanks.\" There is also fat on the maw which is bent like an arch; it is forbidden. There is a ligament that extends like a lobe; it is permitted. The strands [stemming from] the fat are forbidden, but one is not liable for kerat for them.", + "Fat which is covered by meat is permitted. Scripture forbids \"fat on the flanks,\" but not within the flanks. Similarly, \"fat on the kidneys\" is forbidden, but not fat within the kidneys. Nevertheless, a person should remove the white matter within the kidney and only then, partake of it. It is not necessary, however, to remove all traces of it.19The Shulchan Aruch (Yoreh De'ah 64:12) cites the Rambam's view, but also that of the Tur which requires one to be stringent and remove all of its traces. The Rama states that, after the fact, even the stringent opinions do not consider the kidney forbidden if it was cooked without the traces of this fat being removed.", + "There are two cords of fat in the primary loin area, near the top of the thigh. While an animal is alive, this fat can be seen on the intestines.20For while an animal is alive, its meat hangs loosely (Chulin 93b). When, however, it dies, one portion of meat will cling to another and cover this fat. It will not be visible until the portions of meat will be separated from each other. Nevertheless, it is forbidden, because this is not fat that is covered by meat.21For in its lifetime, it is not covered by meat.
[In contrast,] wherever you find fat under meat, with the meat covering it and surrounding it in its entirety [so that] it will not be seen until the meat is cut away, it is permitted.", + "The fat of the heart and the fat of all of the small intestines are permitted. They are considered like shuman which is permitted fat with the exception of the top of the intestine that is next to the maw and is the beginning of the small intestines. The fat must be scraped off it.22In his Kessef Mishneh, Rav Yosef Caro mentions that some interpret Chulin 93b as stating that a cubit of the intestines are forbidden and he quotes this view as halachah in the Shulchan Aruch (Yoreh De'ah 64:15). The Ramah, however, states that the forbidden measure is not a full cubit, but close to it. This is the fat of the small intestines that is forbidden. There are some of the Geonim who say that the top of the intestine from which the fat must be scraped off is the large intestine,23From the Rambam's statements in Hilchot Shechitah 6:10, it is obvious that he favors the first opinion. The Ra'avad differs and maintains that the second view should be followed. The Shulchan Aruch (Yoreh De'ah 64:15) states that one should follow the stringencies of both views. i.e., the colon from which feces are excreted which is the last of the digestive organs.", + "In the body of an animal, there are strands of tissue and membranes that are forbidden. Some are forbidden because of the prohibition against partaking of fat and others because of that against blood.24I.e., there is blood absorbed in the tissue or membrane. Whenever a strand of tissue or a membrane is forbidden because of the prohibition [Leviticus 3:17]: \"Do not partake of any blood,\" one must remove it, and only then salt the meat as we explained.25The commentaries have cited Chapter 6, Halachot 10-12, as the Rambam's intent, but this point is not explicitly stated there. If one cut [the forbidden blood vessel], it does not have to be removed.26For the blood will flow out of it. Similarly, if one roasts [the meat], it does not have to be removed.27For the fire will cause the blood to drain off [see Shulchan Aruch (Yoreh De'ah 65:1)]. As the Maggid Mishneh mentions, there are some authorities who require that the blood vessels be cut open even when one roasts the meat.
Whenever a strand of tissue or membrane is forbidden because of the prohibition, \"Do not partake of any fat,\" it must be removed from the animal whether one's intent is to cut it or roast it.28Otherwise, the fat will seep through the meat when it is being cooked or roasted.", + "There are five strands of tissue in the flanks:29The Rama (Yoreh De'ah 64:13) explains that these strands of tissue extend from the lower portion of the backbone. As will be explained in the notes to Halachah 13, there are differences between his interpretation and that of the Rambam. three on the right and two on the left. Each of the three on the right splits into two and each of the two on the left splits into three. All are [forbidden] as fat.
The strands of tissue from the spleen and from the kidneys are forbidden as fat. Similarly, the membrane on the spleen, the membrane above the flanks, and the membrane on the kidneys are forbidden as fat. One is liable for kerat for the membrane on the thick side30Our translation follows the commentary of Rashi to Chullin 93a and the Shulchan Aruch (Yoreh De'ah 64:10). of the spleen. The remainder of the membrane is forbidden, but one is not liable for it.", + "The kidney has two membranes. One is liable for kerat for [partaking of] the upper one as one is for [partaking of] the fat of the kidney itself. The lower one is like other membranes.31I.e., they are forbidden, but one is not liable for kerat for them. The strands of tissue in them are forbidden, but one is not liable for kerat for them.", + "The strands of tissue of the heart, of the foreleg, of the end of the spinal cord,32This follows the Rambam's interpretation of Chullin 93a. Rashi [and his view is cited by the Shulchan Aruch (Yoreh De'ah 64:13)] understands that passage as referred to the strands of fat mentioned in Halachah 11. of the lower jaw, those at either side of the tongue, and those within the fat of the small intestines which are interwoven like spiderwebs,33The Maggid Mishneh and Shulchan Aruch (Yoreh De'ah 75:3) write that in the present age, leniency is granted with regard to these blood vessels. Nevertheless, it is customary to remove them. and the membrane above the brain in the cranium and the membrane on the testicles are all forbidden because [of the prohibition against partaking] of blood.34I.e., these are blood vessels in which blood will be lodged after the slaughter of the animal. Therefore they must be removed or cut open (see Halachah 10) before the animal is cooked or roasted.", + "When a kid or a lamb35The Maggid Mishneh notes that the Rambam (and his source, Chullin 93b) do not mention a calf when stating this leniency. Implied is that even at a younger age, the testicles of a calf are considered as developed. is less than 30 days old, it is permissible to cook its testicles without peeling [the membranes from them].36Until the kid or lamb reaches that age, the blood vessels are not developed and there is not a large quantity of blood flowing through them. After 30 days, if thin red lines can be seen within them, it is recognizable that blood has circulated through them and one should not cook [the testicles] until their outer membrane has been removed or until they have been cut open and salted, as we explained.37Chapter 6, Halachah 13. If thin red lines have not yet been seen within them, they are permitted.", + "We do not assume that there is blood in any of the digestive organs38This refers to the organs themselves. Hence they need not be salted (Maggid Mishneh, see Chapter 6, Halachah 18). With regard to the fat on these organs, it is possible for there to be blood vessels within them as mentioned above.
The Maggid Mishneh writes that we do assume that the stomach contains blood. This view is not, however, followed by the Shulchan Aruch (Yoreh De'ah 75:1). The Siftei Cohen 75:1 and the Turei Zahav 75:1, however, state that we do assume that the stomach of a fowl contains blood.
through which the food passes.", + "It appears to me39This expression indicates a conclusion at which the Rambam arrived through his own powers of deduction without any explicit prior Rabbinic source. It appears that the Rambam did not arrive at a conclusive decision that the prohibition was of Rabbinic origin, but that he did favor this understanding. that all of these strands of tissue and membranes are forbidden according to Rabbinic Law. [Even] if one would say that they are forbidden according to Scriptural Law,40The verses mention kol, \"any,\" fat or blood. That term could be understood as an inclusion beyond the ordinary scope of the term and hence, involving these substances as well. and are included in the prohibitions against partaking against any fat or any blood, one is not liable for lashes for them, only stripes for rebellious conduct. [Partaking of] them is comparable to partaking of half the measure of a forbidden substance. This is forbidden by Scriptural Law, yet one is not liable for lashes for it.41See Chapter 4, Halachah 16, Hilchot Shivitat Esor 2:3, et al.", + "We do not salt42For we fear that the meat will absorb some of the fat. or wash fat together with meat. One should not use a knife used to cut fat to cut meat, nor a container in which fats were washed to wash meat.43If one cleans the knife or the container first, scrubbing it carefully, it is permitted (Maggid Mishneh in the name of the Rashba).
Therefore a butcher should prepare three knives: one with which to slaughter, one to cut the meat,44For at the outset, the knife used to slaughter should not be used to cut meat (see Chapter 6, Halachah 20). and one to cut fat.", + "If it is local custom for the butcher to wash the meat in his store, he should prepare two containers of water, one in which to wash meat and one in which to wash fat.45The Chulin 8b asks: Why isn't one container sufficient? First he will wash the meat in it and then the fat? The text answers that perhaps he will forget and wash the fat first. In this instance, by contrast, since he has two clearly designated containers, he will not make such a mistake.", + "It is forbidden for a butcher to spread the fat of the flanks over the meat46The Maggid Mishneh mentions views that maintain that this restriction only applies directly after slaughter when the fat is still warm. Once it has cooled, it hardens. This ruling is quoted by the Shulchan Aruch (Yoreh De'ah 64:18). to make it appear attractive. [The rationale is that] the membrane over the fat is thin. It may become crushed by the butcher's hand and the fat will ooze out and saturate through the meat.
[Although] it is forbidden to perform all of these acts, if they are performed, the meat is not forbidden.47Although there are some more stringent views regarding certain particulars, the Rambam's view is cited by the Shulchan Aruch (Yoreh De'ah 64:19). Nor is the person who performs them given corporal punishment. Instead, he is taught not to act in this manner.", + "Meat should not be salted before the forbidden membranes and strands of tissue are removed.48This is a safeguard against the fat and blood being absorbed by the meat. If the meat was salted with them, they must be removed after the salting. Even if the gid hanesheh49See the following chapter. was among them, one may remove them after salting and cook [the meat].50According to the Rambam, after the fact, we do not say that the fat and/or blood was absorbed in the meat (see also Chapter 15, Halachah 32, and notes). The Rashba differs and maintains that one must remove the surface of the meat with them, because that surface also becomes forbidden. The Shulchan Aruch (Yoreh De'ah 64:20) quotes both views. The Rama also cites a more stringent perspective, but concludes that one may rely on the Rashba's view.", + "When a butcher follows the practice of cleaning meat [from forbidden strands of tissue and membranes and] such a strand or membrane is found after he [alleged to have cleaned the meat], we teach him and warn him not to act negligently with regard to prohibitions.51He is not removed from his position, because these prohibitions are Rabbinic in origin (Maggid Mishneh). This ruling is, however, somewhat difficult to understand according to the second view mentioned in Halachah 16. [More stringent rules apply] if forbidden fat is found after he [alleged to have cleaned the meat]. If it is a barley corn in size, he is removed [from his position]. If an olive-sized portion of forbidden fat is found - even in several places - after he [alleged to have cleaned the meat], he is given stripes for rebellious conduct52For he transgresses the prohibition: \"Do not place a stumbling block before the blind,\" which is interpreted as a charge forbidding one to cause others to transgress. Nevertheless, lashes are not given for the violation of this prohibition. and he is removed from his position. The rationale is that a butcher's word is relied upon with regard to fat.53And his customers might cook the meat without checking for fat (or being knowledgeable about the details of the prohibition). Hence, he would cause them to transgress." + ], + [ + "[The prohibition against partaking of] the gid hanesheh1Genesis, ch. 32, relates that before his confrontation with Esau, Jacob remained alone in his camp. An unidentified being - interpreted by the Torah commentaries to be Esau's archangel - wrestled with him the entire night. When he saw that he could not defeat Jacob, he gave him a blow to his upper thigh, dislocating his gid hanesheh. In commemoration of this event, \"The children of Israel do not eat the gid hanesheh.
The Rabbis identified the gid hanesheh as the sciatic nerve, the large main nerve running down the back of an animal's hind leg. The term gid, though sometimes translated as \"sinew,\" is a general term. As the Rambam writes in his Commentary to the Mishnah (Zevachim 3:4), it is used to refer to arteries, veins, tendons, nerves, and sinews.
applies with regard to kosher2See Halachah 5. domesticated animals and wild beasts,3Sefer HaMitzvot (negative commandment 183) and Sefer HaChinuch (mitzvah 3) include this prohibition among the 613 mitzvot of the Torah. even nevelot and trefot.4See Halachah 6. It applies to a fetus5The Shulchan Aruch (Yoreh De'ah 65:7 does not cite the Rambam's view, but instead quotes two differing opinions: one that the prohibition does not apply to a fetus at all and another, that it applies only when the fetus has completed the period of gestation and is discovered alive. and to animals that have been consecrated, both those consecrated [for sacrifices] of which we partake and for sacrifices of which we do not partake. It applies to [the gid] on the right thigh and that on the left thigh.6Although the angel only dislodged the nerve on one of Jacob's legs, we are forbidden to partake of the nerves from both sides.
According to Scriptural Law, only [the gid] on the hip socket is forbidden, as [Genesis 32:33] states: \"which is on the hip-socket.\" The remainder of the gid which is above the socket or below the socket - and similarly, the fat which is on the gid - are forbidden only according to Rabbinic decree.7See Halachah 7 concerning the removal of this nerve. There are two giddim. The inner one next to the bone is forbidden according to Scriptural Law. The entire outer one is forbidden by Rabbinic decree.", + "When a person partakes of the inner gid hanesheh on the socket, he is liable for lashes.8Because he violates a Scriptural prohibition. If he partakes of the fat [of the gid], the remainder of the inner gid, or the entire outer one, he is liable for stripes for rebellious conduct.9For violating a Rabbinic prohibition.
What is the measure of which one must partake to be liable? An olive-sized portion. If one ate the entire gid on the socket, one is liable, even though it is less than an olive in size. The rationale is that it is considered as a self-contained entity.10Accordingly, even if it is less than an olive-sized portion in size, one is liable. Compare to Chapter 2, Halachah 21, Chapter 15, Halachah 17, and Chapter 16, Halachah 6.", + "When a person eats an olive-sized portion of the gid on the right side and an olive-sized portion of the gid on the left side, or he ate two entire giddim even if they are not the size of an olive, he receives 80 lashes. He is given lashes for every gid independently.11Rav Moshe HaCohen writes that this ruling applies when the person was given a separate warning for each gid. Otherwise, he receives only one set of lashes. The Maggid Mishneh states that the Rambam would also accept that interpretation.", + "The prohibition against gid hanesheh does not apply with regard to a fowl, because it does not have a [round]12This explanatory addition is based on Chullin 92b. hip-socket. Instead, its thigh is long [and flat]. If there is a fowl whose thigh is shaped like that of the thigh of an animal, i.e., it has a hip-socket, its gid hanesheh is forbidden, but one is not liable for lashes, because of it. Similarly, when there is an animal whose thigh is long like that of a fowl, its gid hanesheh is forbidden, but one is not liable for lashes for it.13Chullin 92b discusses these issues and leaves both matters unresolved; hence, the Rambam's rulings.", + "When a person eats the gid hanesheh from a non-kosher domesticated animal or wild beast, he is not liable.14Not for partaking of the gid and not for partaking of the meat of a forbidden animal. [The rationale is that this prohibition] does not apply with regard to a non-kosher animal,15Chullin 101a notes that the confrontation between Jacob and the angel took place before the Giving of the Torah, at a time when the Jews could eat non-kosher animals. Hence, there is reason to say that the prohibition could involve a non-kosher animal, for partaking of such animal was not forbidden until the Giving of the Torah.
In response, the Talmud explains that our observance of this prohibition does not stem from the practice observed by Jacob's descendants, but because this prohibition was reiterated at the time of the Giving of the Torah. In his Commentary to the Mishnah (Chullin 7:6, the Rambam elaborates on this point, explaining that our observance of Jewish practice, even the mitzvot which we know that the Patriarchs fulfilled like circumcision, stems from God's command at Sinai and not from our ancestors' observance.
only with regard to an animal that is entirely permitted. Nor is he considered as one who partook of the remainder of its body, for the gid is not included as meat, as we explained.16Chapter 4, Halachah 18. See the Shulchan Aruch (Yoreh De'ah 65:9) which states that a gid is \"like a piece of wood; it has no flavor.\" If, however, one partakes of the fat on the gid [of a non-kosher] animal, it is considered as if one ate from its meat.", + "When a person partakes of a gid hanesheh from a nevelah, a trefe, or an animal consecrated as a burnt offering, he is liable for two [sets of lashes]. Since [the prohibition]17I.e., the prohibition against partaking of a nevelah, trefe, or burnt offering. includes the remainder of its body which was permitted, it also includes the gid and causes another prohibition to be added to it.18Following the concept of issur kollel, \"an encompassing prohibition,\" as explained in the conclusion of Halachah 14 (Maggid Mishneh).
The Kessef Mishneh questions the Rambam's ruling, noting that Chullin 82b states that according to the opinion that a gid hanesheh does not have any flavor, one is not liable. Only the opinion that maintains that the gid hanesheh does have a flavor holds one liable. From the previous halachah, it appears that the Rambam follows the former view. Why then does he hold the person liable for two sets of lashes.
", + "One who removes the gid hanesheh must ferret out all traces of it until nothing remains.19Since the gid hanesheh and the gid forbidden by Rabbinic decree subdivide into several branches, this is a rather difficult task. For this reason, in most sectors of the Jewish community today, it is customary not to eat the hind-quarters of an animal. Accordingly, several cuts of meat, e.g., sirloin steak, are not available from kosher butchers. A butcher's word is accepted with regard to the gid hanesheh,20I.e., we rely on his word and do not inspect the meat ourselves. just as it is accepted with regard to forbidden fat. [Accordingly,] we do not purchase meat from every butcher, [only from] an upright man who has established a reputation for observance.21If the person himself does not have a reputation for observance and knowledge of the laws, he can sell meat if he hires such a person to act as a supervisor. This is the rationale for the practice of hasgachah, kashrut inspection, practiced today. If he slaughters meat himself and sells it, his word is accepted.", + "Where does the above apply? In the Diaspora. In Eretz Yisrael, by contrast, when it is populated entirely by [Torah-observant] Jews, meat may be purchased from anyone.22In the present era, there is no difference between Eretz Yisrael and other lands, for the majority of the inhabitants of Eretz Yisrael are not Torah observant.", + "[The following rules apply when] a butcher is considered as trustworthy to sell meat, but it is discovered that he sold meat that was nevelah or trefe. He must return the money to its owners.23He must return the money entirely. This applies even if the customers already partook of the non-kosher meat (Hilchot Mechirah 16:14). The rationale is that a person's soul is revolted by the commission of a transgression and he is not considered to have benefited from the meat at all (Sefer Meirat Einayim 232:4). He is placed under a ban of ostracism and is removed from his position.24See Chapter 7, Halachah 21.
There is no way that he can correct [his act] so that people [will be allowed] to purchase meat from him until he goes to a place where his identity is unknown25If he performs such an act in a place where his identity is known, it can be said that he did so in order to be reinstated.and returns a lost object of significant worth or slaughters an animal for his own self and has it declared trefe although it involves a significant financial loss. For these actions indicate that he certainly repented without any [intent to] deceive.26I.e., they show that he is willing to forgo his financial benefit in order to keep Torah law. See also Hilchot Shechitah 10:14 and Hilchot Edut 12:9 which deal with the same concept. Hilchot Edut states that in order to be accepted as a witness, he must wear black garments as a sign of repentance.", + "When a person purchases meat and sends it via a common person, [the latter's] word is accepted with regard to it. Although he has not established a reputation for Torah observance,27See the Maggid Mishneh who maintains that the Rambam would rule in this manner even when a Jew is reputed to transgress various prohibitions. He also mentions the opinion of the Rashba who maintains that further precautions must be taken if an article is entrusted to a non-observant Jew. The Shulchan Aruch (Yoreh De'ah 118:8) quotes the Rambam's ruling and then cites the Rashba's view without indicating which opinion should be followed. we do not suspect that he will exchange [the meat for a non-kosher cut].28I.e., we do not expect that he will steal. Moreover, he will derive no benefit from doing so, for he will have to supply an equivalent piece of meat for the one he exchanges. We do not expect him to cause sin without deriving any benefit. If, however, he has a reputation for stealing, his word is not accepted (Maggid Mishneh). Even the servants and maidservants29I.e., Canaanite servants, non-Jews purchased as servants who have undergone a partial conversion process (Hilchot Issurei Bi'ah 12:11). of the Jews are trusted with regard to such a matter. A gentile, by contrast, is not [trusted], for we fear that he will exchange [the meat].30For a gentile is never trusted in any matters involving Jewish observance. When one desires to send food that involves prohibitions with a gentile, it is necessary to take precautions as stated in Chapter 13, Halachot 8-10.", + "[The following rule applies when there are] ten stores, nine sell kosher meat and one sells nevelot.31I.e., even if the proportions are heavily weighted in favor of the conclusion that the meat is kosher, we accept the possibility that it is non-kosher. If one purchased meat from one of these stores and did not know which one he purchased from, [the meat] is forbidden. [The rationale is that] whenever [the presence of a forbidden entity] is firmly established, the situation is considered as half and half.32This is a general principle applying in many other contexts as well, e.g., Hilchot Chametz UMatzah 2:10, Hilchot Issurei Bi'ah 18:15.
If, however, meat is found cast away in the street,33The Hagahot Maimoniot explains that this law applies only when the meat is discovered in the public domain. If a person is seen taking meat from a store, but it is not known which store he took it from, the previous law applies. [it is judged] according to the majority. For [we follow the assumption:] Anything that was separated, separated from the majority.34This also is a frequently employed Talmudic principle. If the majority of sellers were gentile, [the meat] is forbidden. If the majority were Jewish, it is permitted.", + "Similarly, when meat is found in the hand of a gentile and it is not known from where he purchased it, if [the majority of] the sellers of meat were Jewish, it is permitted.
This reflects the ruling according to Scriptural Law. [Nevertheless,] our Sages have already forbidden any meat found in the marketplace or in the possession of a gentile35As mentioned by the Maggid Mishneh, there are Rishonim who permit meat found in the possession of a gentile when the majority of the sellers are Jewish, maintaining that this is evident from Chullin 95a. The Shulchan Aruch (Yoreh De'ah 63:1, however, quotes the Rambam's view. even though all the slaughterers and all the sellers are Jewish. Moreover, even if one purchased meat, left it in his house, and it disappeared from one's sight, it is forbidden36According to the literal meaning of the Rambam's words, if meat was placed in the freezer, it would be forbidden. The Shulchan Aruch (Yoreh De'ah 63:2) cites, however, the opinion of Rashbam which permits the meat if it is found in the same place that it was placed. The Rama writes that it is customary to follow this view. unless it had a distinguishing mark, he was familiar with it and could recognize it definitely as [the piece of meat lost],37The Maggid Mishneh states that if a person has a reputation for upright conduct, his word is accepted in this concept even if he is not a Torah scholar. Note the contrast to Hilchot Gezeilah V'Aveidah 14:12 which accepts only the word of a Torah scholar if one claims to recognize a lost object, but cannot identify it with distinctive marks. or it was bound and sealed.", + "[The following rule applies when] one hung a container filled with pieces of meat, the container broke, and the pieces fell to the earth.38If, however, he found it as he left it, it is certainly permitted (Maggid Mishneh). If there is no distinguishing mark [on the meat] and he was not able to recognize it, it is forbidden. [The rationale is that] it is possible to say that the meat that was in the container was dragged away by a wild beast or creeping animal and this is other meat.", + "It is permitted to derive benefit from a gid hanesheh.39The Maggid Mishneh notes that according to Pesachim 22a, it would appear that the authorities who maintain that the gid hanesheh has no flavor also maintain that it is forbidden to benefit from it. Now the Rambam follow the perspective that the gid hanesheh has no flavor (see Halachah 5). Hence his position here is somewhat difficult. The Maggid Mishneh explains, however, that the two positions are not necessary interrelated and both rulings of the Rambam can be upheld. Therefore it is permissible for a person to send a thigh which contains a gid hanesheh to a gentile.40I.e., because there is no prohibition against receiving benefit from the gid hanesheh, he does not have to remove it before selling the meat. He may give him the entire thigh intact in the presence of a Jew. We do not suspect that [the other] Jew will partake of this meat before the gid is removed, because its place is recognizable.41Since the Jew sees a co-religionist giving the gentile the meat, he will assume that it was ritually slaughtered and that the meat was kosher. [This applies in a place where public announcements are made when an animal is discovered to be trefe (Chullin 93b). Otherwise, the Jew must tell the gentile that the animal is kosher (Shulchan Aruch, Yoreh De'ah 65:11)].
Nevertheless, since the place of the gid hanesheh is recognizable - i.e., it is obvious whether the gid is still in the thigh or has already been removed - he will not partake of the meat until the gid is removed.
Accordingly, if the thigh was cut into pieces, he should not give it to a gentile in the presence of a Jew, lest the other Jew partake of it.42Since the place of the gid hanesheh is not obvious, the other Jew may think that ordinary kosher meat is being given and may partake of it.", + "Wherever the Torah states: \"Do not eat,\" \"You shall not eat,\"43Both of these commands are in the second person: one singular, one plural. \"They shall not eat,\" or \"It shall not be eaten,\" the intent is that it is forbidden both to partake of or benefit from the forbidden entity44Sometimes the command is stated in an active voice; sometimes, it is passive; sometimes, singular and sometimes plural. The passive form implies that it is forbidden to derive any benefit that could lead to one's eating, e.g., selling it for money that could be used to purchase food. unless:
a) a verse explicitly states otherwise, as it does with regard to a nevelah [Deuteronomy 14:21]: \"Give it to the stranger in your gate and he shall partake of it,\" or with regard to forbidden fat [Leviticus 7:24]: \"You may use it for any task\"; or
b) the Oral Law states explicitly that it is permitted to benefit from it, as is the case with regarding to teeming animals, swarming animals, blood, a limb from a living animal, and the gid hanesheh. For according to the Oral Tradition, it is permitted to benefit from all these prohibited entities, even though it is forbidden to partake of them.", + "Whenever it is forbidden to benefit from a substance, if a person derives benefit without partaking of it, e.g., he sold or gave to a gentile or gave it to dogs, he is not liable for lashes.45Rav Moshe HaCohen questions this ruling, stating that if the intent of the Scriptural prohibition is that it is forbidden to benefit from these substances, why is one not liable for lashes for deriving such benefit? The Maggid Mishneh explains that he is not liable, for one is liable for lashes only when he derives benefit from the food in the ordinary manner one derives benefit from food. This includes only eating. Receiving money, by contrast, is not considered as benefiting from food in the ordinary manner. Rav Moshe HaCohen, however, anticipated that attempted resolution and explains that, on the contrary, selling edible food is an ordinary way of deriving benefit. He should, however, be given stripes for rebellious conduct. The money [he received] is permitted.46There is one exception to this: money received in return for a false deity or articles associated with it. That money is itself forbidden (see Chapter 13, Halachah 15; Hilchot Avodat Kochavim 7:19).
Whenever it is forbidden to partake of a substance, but it is permitted to benefit from it, even though it is permitted to benefit from it, it is forbidden do business with such articles or establish oneself in a profession that involves forbidden entities.47I.e., one's livelihood may not revolve around the sale of these forbidden entities or performing work with them (e.g., serving as a chef in a non-kosher restaurant). The rationale for the prohibition is that we fear that a person who has extensive involvement with forbidden substances may come to partake of them (Rashba).
The Maggid Mishneh clarifies that the above applies only with regard to food from forbidden species. One may choose a profession that involves employing a horse or a donkey as a beast of burden.
[There is] an exception, forbidden fat, for concerning it, it is written: \"You may use it for any task.\" For this reason, we do not do business with nevelot, trefot, teeming animals, and swarming animals.", + "When a trapper happens upon a non-kosher wild animal, fowl, or fish, and he snares them or he traps both kosher and non-kosher animals, he may sell them.48He must sell them immediately. He may not raise them until they become large [Rama (Yoreh De'ah 117:4)]. See also Siftei Cohen 117:6 who questions whether the leniency is granted only to a professional trapper or to any person. He may not, however, intend to have his profession concern non-kosher species.
It is, however, permitted to do business with milk that was milked by a gentile without being observed by a Jew, cheeses made by gentiles, and the like.", + "This is the general principle: Whenever a prohibition is forbidden by Scriptural Law, it is forbidden to do business with it. Whenever the prohibition is Rabbinic in origin, it is permitted do business with it, whether we are certain of the existence of the prohibition or it is a matter of question." + ], + [ + "It is forbidden to cook meat and milk together and to partake of them according to Scriptural Law.1Sefer HaMitzvot (negative commandments 186-187) and Sefer HaChinuch (mitzvot 113 and 92) include these prohibitions among the 613 mitzvot of the Torah. It is forbidden to benefit from [such a mixture]. It must be buried. Its ashes are forbidden like the ashes of all substances that must be buried.2See Hilchot Pesulei HaMukdashim 19:11,13.
Whenever a person cooks an olive-sized portion of the two substances together,3I.e., together the mixture is the size of an olive. It is not necessary that one have an olive-sized portion of milk and an olive-sized portion of meat. he is worthy of lashes, as [Exodus 23:19] states: \"Do not cook a kid in its mother's milk.\" Similarly, a person who partakes of an olive-sized portion of the meat and milk that were cooked together4If, however, the meat and milk have not been cooked together, there is no Scriptural prohibition against partaking of them together (Maggid Mishneh). According to Rabbinic Law, it is forbidden to partake of them in any manner. is worthy of lashes even though he was not the one who cooked them.5Even if a prohibition was not violated when cooking them together (e.g., they were cooked by a gentile), it is forbidden for a Jew to partake of the mixture. The implication is that the prohibitions against cooking the mixture and partaking of it are separate issues that do not necessarily share a connection (Maggid Mishneh).", + "The Torah remained silent concerning the prohibition against partaking [of meat and milk]6I.e., no where in the Torah does it state that it is forbidden to partake of such a mixture. only because it forbade cooking them. This is as if to say: Even cooking it is forbidden, how much more so partaking of it.7Significantly, in his Sefer HaMitzvot, loc. cit., the Rambam explains that the prohibitions against partaking of and benefiting from milk and meat are derived from the fact that the Torah repeats this prohibition three times. Perhaps the reason the Rambam does not mention this means of derivation here is to avoid the following question being raised: Why are lashes not given for benefiting from milk and meat?
To explain: In Chapter 8, Halachah 16, the Rambam writes that one is not liable for lashes for deriving benefit from a forbidden substance. As explained in the notes to that halachah, the Maggid Mishneh explains that one is liable for lashes only when he derives benefit from the food in an ordinary manner from food. This includes only eating and not other forms of deriving benefit. Nevertheless, seemingly this should not apply with regard to benefiting from a mixture of milk and meat. For, as stated in Chapter 14, Halachah 10, in that instance, one is liable even if one does not derive benefit in the ordinary manner. Hence, it would appear that one should be liable for lashes for partaking of such a mixture.
Among the explanations given why one is not liable is that the prohibition against deriving benefit from a mixture of milk and meat is derived from an inference from a more lenient instance to a more stringent one (a kal vichomer; see Chullin 115b). And we follow the principle that punishment is not meted out when a prohibition is derived in such a fashion, only when it is stated explicitly (Sifri, Naso). If, however, there was an explicit prohibition in the Torah teaching us that deriving benefit from a mixture of milk and meat was forbidden. Seemingly, one would be liable for lashes (Lechem Mishneh).
[To cite a parallel:] The Torah did not mention the prohibition against relations with one's daughter, because it forbade those with the daughter of one's daughter.8See Hilchot Issurei Bi'ah 2:6.", + "According to Scriptural Law, the prohibition involves only [a mixture of] meat from a kosher domesticated animal9With regard to the meat or milk of a kosher wild beast or fowl, see the following halachah and notes. and milk from a kosher domesticated animal, as implied by the verse: \"Do not cook a kid in its mother's milk.\"10I.e., the prohibition involves only a kid that could be eaten and milk of which one could partake. The term \"a kid\" includes the offspring of an ox, the offspring of a sheep, and the offspring of a goat unless the verse states explicitly, a goat-kid.11I.e., the term gidi translated as \"kid,\" commonly means \"a kid-goat.\" Nevertheless, according to the Bible, it is not necessarily restricted to this meaning unless the verse specifies so explicitly, as in Genesis 27:16; 38:20. The term \"a kid in its mother's milk\" [does not exclude all other situations].12I.e., the intent is not that one is liable only for cooking an offspring in the milk of its mother and not in any other situations. See the conclusion of the following halachah. Instead, the Torah is speaking regarding the commonplace circumstance.
With regard to the meat of a kosher animal which was cooked in the milk of a non-kosher animal or the meat of a non-kosher animal which was cooked in the milk of a kosher animal, by contrast, cooking is permitted, and deriving benefit is permitted. One is not liable for [transgressing the prohibition against partaking of] meat and milk if one partakes of it.13Needless to say, one is liable for partaking of the non-kosher meat or the non-kosher milk.", + "Similarly, the meat of a wild beast and the meat of a fowl together with the milk of a wild beast or the milk of a domesticated animal is not forbidden according to Scriptural Law.14There is a difference of opinion among the Rabbis in Chullin 116a whether the prohibition against eat the meat of a wild beast [cooked] in milk is Scriptural or Rabbinic in origin. According to some interpretations, that difference of opinion is perpetuated among the Rishonim (see Siftei Cohen 87:4). Nevertheless, the overwhelming majority of Rishonim and Achronim follow the opinion the Rambam states here. This is also the ruling of the Shulchan Aruch (Yoreh De'ah 87:3).
Significantly, in (Hilchot Mamrim 2:9), the Rambam states that the meat of a wild beast that is cooked in milk is forbidden according to Scriptural Law. In their glosses to Hilchot Mamrim, the Radbaz and the Kessef Mishneh explain that there, the Rambam is speaking theoretically: Were the halachah to follow the opinion that the meat of a wild beast is forbidden according to Scriptural law, the ruling would be such and such. The Merkevat HaMishneh, however, maintains that a printing error crept into the text in Hilchot Ma'achalot Assurot and the text should be changed to fit the Rambam's ruling in Hilchot Mamrim.
Therefore it is permitted to cook it and it is permitted to benefit from it. It is forbidden to partake of it according to Rabbinic Law so that people at large will not be negligent and come to violate the Scriptural prohibition against milk and meat and partake of the meat of a kosher domesticated animal [cooked] in the milk of a kosher domesticated animal. For the literal meaning of the verse implies only the meat of a kid in the milk of its actual mother.15Hence were the Sages to allow one to partake of the meat of a wild beast and fowl cooked in milk, one might think that the prohibition applies only in its most literal context. As a safeguard to prevent this error from occurring, they instituted this prohibition. Therefore, they forbade all meat in milk.", + "It is permitted to partake of fish and locusts [cooked] in milk.16The Turei Zahav 87:3 and the Siftei Cohen 87:5 mention that there are authorities who forbid eating fish and milk together because it can cause health dangers. They, however, reject that ruling.
When a person slaughters a fowl and finds eggs that are completed within it, it is permitted to partake of them together with milk.17This refers to eggs that already have a yolk and whites, but are still connected to the chicken's body (Maggid Mishneh). See the Turei Zahav 87:6 and the Siftei Cohen 87:9 who quote authorities who explain that even though such eggs are considered as meat in certain contexts, there is no prohibition against partaking of them together with milk.", + "When [milk and meat] are smoked, cooked in the hot springs of Tiberias, or the like, one is not liable for lashes.18Nevertheless, there is a prohibition against partaking of all these mixtures and those mentioned in the following clause. Similarly, when meat is cooked in whey, milk from a dead animal,19I.e., milk that was in the animal's udders when it died or was slaughtered. See Halachah 12. or milk from a male,20The Rama (Yoreh De'ah 87:6) states that, after the fact, there is no prohibition against a mixture of milk from a male and meat. The Siftei Cohen 87:16 explains that this refers to milk from a male human. Even the Rama would forbid milk from a male animal according to Rabbinic Law. or if blood is cooked with milk, one is absolved and is not liable for partaking [of the mixture] because of [the prohibition against partaking of] milk and meat.21Implied is that in the latter instance, one is liable for partaking of blood. The Siftei Cohen 87:15 notes that according to many authorities, one is not liable for lashes for partaking of blood that has been cooked.
When, however, a person cooks the meat of a dead animal, forbidden fat, or the like in milk, he is liable for lashes for cooking.22Since we are speaking about meat or fat from a kosher species, the prohibition against cooking applies. In this instance, we do not say that \"one prohibition does not fall upon another,\" because there is no prohibition against cooking a nevelah or forbidden fat. He is not liable for lashes for partaking [of the mixture] because of the prohibition against meat and milk.23He is, however, liable for partaking of a nevelah or of forbidden fat. For the prohibition against [mixtures of] meat and milk does not take effect with regard to [entities] prohibited as nevelah or forbidden fat, because we are not speaking about a more encompassing prohibition, a prohibition which adds a new dimension, or [two] prohibitions that take effect at the same time.24As stated in Chapter 14, Halachah 18, and in Hilchot Issurei Bi'ah 17:8, it is only in these circumstances, that we do not follow the general principle: One prohibition does not fall upon another prohibition.
The commentaries ask: Seemingly, the prohibition against a mixture of meat and milk does add a new dimension to this prohibition, because it is forbidden to benefit from such a mixture. Why then does the prohibition against partaking of milk and meat not apply?
The Rambam attempts to resolve this question in his Commentary to the Mishnah (Keritot 3:4) by explaining that since the prohibition against benefiting from the mixture is an extension of the prohibition against partaking of it, when - as in the present instance - the prohibition against partaking of it does not apply, the prohibition against benefiting from it also does not apply.
", + "When a person cooks a fetus in milk, he is liable. Similarly, one who partakes of it is liable. When, however, one cooks a placenta, skin, sinews, bones, the roots of the horns, or the soft portion of the hoofs [cooked] in milk,25For as stated in Chapter 4, Halachah 18, such substances are not fit to be eaten and thus are not considered as meat. he is not liable. Similarly, one who partakes [of such a mixture] is not liable.", + "When meat falls into milk or milk falls into meat and they are cooked together, the minimum measure [for which one is liable is] enough for one substance to impart its flavor to the other.
What is implied? When a piece of meat falls into a bubbling pot26The pot must be boiling hot. If meat falls into cold milk, it will not absorb it. See Halachah 17. full of milk, a gentile should taste [the contents of] the pot.27Chullin 97a states \"An Aramean chef shall taste it.\" Tosafot and others explain that only a chef's word is accepted. He will not lie, because if his falsification is discovered, his professional reputation will be tarnished and he will suffer a loss. We suspect that an ordinary gentile, by contrast, will lie. His word is only accepted with regard to ritual matters when he makes statements in the course of conversation, without knowing that a Jew is depending on his word.
This interpretation is not evident from the Rambam's words. On the contrary, it appears that according to the Rambam, the statements of any gentile are acceptable (see Chapter 15, Law 30, and notes). The Shulchan Aruch (Yoreh De'ah 92:1 quotes the Rambam's words. The Siftei Cohen 92:1 mentions the view of Tosafot. The Rama states that in the Ashkenazic community, the custom is not to rely on the word of a gentile in this context. Instead, we require sixty times the volume of the meat in all instances. Otherwise, both the milk and the meat are forbidden.
If it has the flavor of meat, it is forbidden. If not, it is permitted, but the piece of meat is forbidden.28For it certainly absorbed milk.
When does the above apply? When he hurried and removed the piece of meat before it discharged the milk that it absorbed. If he did not remove it [that quickly], we require 60 times its volume,29As will be explained (see Chapter 15, Halachah 6, and notes), our Sages received the tradition that a forbidden substances will not impart its flavor to a mixture when the mixture contains sixty times its volume. because the milk that it absorbed became forbidden. It was discharged and then mixed together with the remainder of the milk.30There is no way of distinguishing the remainder of the milk from the forbidden milk. Hence the entire mixture is forbidden unless there is more than 60 times the amount of the forbidden substance.", + "When milk falls [onto a piece of] meat [being cooked] in a pot,31As evident from the continuation of the Rambam's words in this and the following halachah, we are speaking of an instance where milk falls on a piece of meat that is not in the sauce. According to Rashi, the lower portion of the meat is resting within the sauce in the pot and its upper portion - on which the milk falls - projects beyond it. According to Rabbenu Yitzchak, the entire portion is outside the sauce. See Turei Zahav 92:2; Siftei Cohen 92:4. (From the Rambam's wording at the beginning of the following halachah, it would appear that he follows Rabbenu Yitzchak's position.) we taste32I.e., we have the meat tasted by a gentile as above. the piece on which the milk fell. If it does not have the flavor of milk, everything is permitted.33I.e., the piece itself is permitted and therefore all the contents of the pot. [More stringent rules apply] if the piece of meat has the flavor of milk. Even though if the piece of meat was pressed to remove [the absorbed liquid], the flavor [of milk] would not remain, since it has the flavor of milk now, it is forbidden and we must measure its entire volume.34Since the meat becomes forbidden, because it is meat that has been mixed with milk, tasting the mixture for milk is not sufficient. Instead, we consider the meat as a forbidden article and measure 60 times its volume. It is not possible to distinguish between the flavor of the forbidden meat and that of the permitted meat. If everything in the pot - the other meat, the vegetables, the sauce, and the spices - is great enough so that the piece is one sixtieth of the entire [volume], that piece of meat is forbidden35Once it becomes forbidden, it is considered as a prohibited entity and cannot become permitted again. Our Sages [Chullin 108b; Rama (Yoreh De'ah 92:3-4)] use the expression: \"The piece becomes like carrion,\" i.e., as if it is inherently forbidden. and the remainder is permitted.36As if it was mixed with 60 times its volume of non-kosher meat. If the entire mixture is not 60 times the volume of the forbidden piece, the entire mixture becomes forbidden.", + "When does the above apply? When he did not stir the pot at the outset when the milk fell into it. [He did so] only at the end37Since he mixed at the end, after the meat became forbidden, the entire mixture may become forbidden. and did not cover the pot.38Thus the piece of meat on which the milk fell remained a discrete entity, separate from the entire mixture. Hence it becomes forbidden.
If, however, he stirred the pot from the beginning until the end39The Tur (Yoreh De'ah 82) states that it is sufficient for him to stir the mixture at the beginning. This will cause the milk to be blended throughout the entire mixture. There is no need for him to continue stirring the pot. Rav Yaakov ibn Chaviv maintains that the Rambam would also accept this position. The Rambam mentions stirring the put until the end only for stylistic reasons. This interpretation is also apparent in the Rambam's Commentary to the Mishnah (Chullin 8:3).
In his Kessef Mishneh and Beit Yosef, Rav Yosef Caro differs and maintains that the Rambam's words here should be understood literally. Unless he mixed the pot from the beginning until the end, we fear that it was not mixed well. Hence in his Shulchan Aruch (Yoreh De'ah 92:2, he quotes the Rambam exactly. The Rama, however, cites the Tur's position.
or covered [the pot]40For covering the pot also causes the flavor of the milk to be blended throughout the entire mixture. from the time [the milk] fell until the end, [the question of whether a prohibition exists depends] on whether [the milk] imparted its flavor.41And we have a gentile taste the mixture as above.
Similarly, if the milk fell into the sauce or onto all the pieces and it was not known on which piece [the milk] fell,42The Tur and the Rama (Yoreh De'ah 92:2) emphasize that if the person does not stir the pot immediately after the milk fell in, the piece on which the milk fell becomes forbidden. Since its identity is unknown, all the pieces are forbidden unless the entire mixture is 60 times larger than its largest piece.
Rav Yaakov ibn Chaviv and Rav Yosef Caro (in his Kessef Mishneh and Beit Yosef) interpret the Rambam's intent as analogous to that of the Tur. They maintain that the Rambam also would agree that if person waited after the milk fell on the piece, that piece - and perhaps all the pieces - become(s) forbidden.
The Maggid Mishneh offers a different interpretation, explaining that in this instance, we do not say that the piece of meat on which the milk fell becomes forbidden because we do not know which piece it is. Hence rather than have the taste of the milk affect that piece, we stir the entire mixture so that the milk will become blended into it and become nullified as explained in the following note.
The Turei Zahav 92:6 and the Siftei Cohen 92:8 follow the interpretation of the Maggid Mishneh, explaining that in this instance, the principle (Beitzah 4b): \"We do not nullify the existence of a forbidden substance at the outset,\" does not apply. For since the identity of the forbidden substance was never established, there is no specific prohibited substance involved. Hence at the outset, the entire pot is considered as subject to being forbidden. To prevent that from happening, we stir it so that the prohibition will not take effect.
he should stir the entire pot so that all its contents will be mixed [thoroughly].43I.e., intentionally mixing the milk throughout the entire pot and thus nullifying its presence. As the Tur (loc. cit) writes, if the milk fell into the sauce, even if the person did not stir the mixture, this would be the ruling. Nevertheless, the Rambam advises the person to stir the mixture so that it will be mixed thoroughly and no trace will remain. If the flavor of milk [can be detected] in the entire pot, it is forbidden. If not, it is permitted. If a gentile to taste [the pot] whom we can rely on cannot be found, we require a measure of sixty whether for meat in milk or milk in meat. If there is one measure in sixty,44More precisely, the permitted substance must be sixty times the volume of the forbidden substance. Thus we are speaking about the forbidden substance being one sixty-first. it is permitted. If there is less than sixty, it is forbidden.", + "When meat has been cooked in a pot, milk should not be cooked in it.45This applies even on a later day. According to Scriptural Law, after 24 hours, there is no prohibition. Nevertheless, according to Rabbinic Law, at the outset, one should be stringent and not cook milk in a pot in which meat was cooked previously even if it had been cooked several days beforehand. If one cooked [milk] in it, [it is forbidden] if it imparted its flavor.46I.e., it should be tasted by a gentile. According to the Ashkenazic custom not to rely on a gentile, we require that the contents be 60 times the volume of the pot. The Siftei Cohen 93:1 states that it would be very rare for such a situation to exist. Generally, the ratio between a pot and its contents is less than 60. Hence, in most instances, the food would be prohibited.", + "The udders [of an animal] are forbidden according to Rabbinic Law.47I.e., we are afraid that a certain amount of milk remained in the udder or that the udder absorbed a certain amount of milk. Since we do not know how much milk it absorbed, we assume that it is entirely forbidden. [The prohibition is not of Scriptural origin, because] meat that was cooked in milk from an animal that was slaughtered is not forbidden according to Scriptural Law, as we explained.48Halachah 6.
Therefore if one cut it open and discharged the milk it contained, it is permitted to roast it and eat it. If one cut it both horizontally and vertically and then pressed it into a wall until none of the moisture of the milk remained, it may be cooked with other meat.49The ruling regarding roasting is more lenient than the ruling regarding cooking, because when meat is roasted, any fluids it contains are discharged and flow outward without being absorbed (see Halachah 14). When it is cooked, by contrast, it stews in its juices and it and any other meat will absorb the milk it discharges.
The Shulchan Aruch (Yoreh De'ah 90:2) writes that the accepted custom is not to cook it with other meat at all and to cook it alone only after it has been cut vertically and horizontally and pressed into a wall. The Rama adds that it is Ashkenazic custom not to cook it at all.

When an udder has not been cut open, when from a young animal that never nursed50I.e., our Sages enforced their decree universally, without differentiating between one animal and another. or from an older one, it is forbidden to cook it. If one transgressed and cooked it alone, it is permitted to partake of it. If one cooked it with other meat, we require 60 times its volume. The udder itself is calculated in the 60.51In Chapter 15, Halachah 18, the Rambam explains that since only a Rabbinic prohibition is involved, our Sages were more lenient. Thus the Rambam interprets this ruling as being of general significance. The Rashba offers a different rationale for this ruling, explaining that since the meat of the udder is acceptable, we include it in the reckoning of 60. Thus in contrast to other instances where 60 times the amount of the forbidden substance is required, here, we require only 59.", + "What is implied? If the entire mixture together with the udder was sixty times the volume of the udder, the udder is forbidden,52Rashi, Chullin 97b, explains that we assume that the milk imparted its flavor to the udder. Hence it becomes forbidden as the Rambam proceeds to state. and the remainder is permitted. If there was less than 60 times its volume, the entire mixture is forbidden. Regardless of [the ruling applying to the entire mixture], if the udder fell into another pot, it can cause it to be forbidden. We require 60 times its volume as in the original instance.53Thus according to the Rambam, only 59 times its volume is required. This view is quoted by the Shulchan Aruch (Yoreh De'ah 90:1). The Tur and the Rama differ and maintain that the second mixture is judged more stringently than the first. They follow the rationale of the Rashba cited above. Thus they maintain at first, the udder is included in the reckoning, because its meat is permitted. With regard to the second mixture, by contrast, it is the meat, not the milk of the udder which is forbidden. Hence 60 times its volume is required. [The rationale is that] the udder which is cooked becomes considered as a forbidden piece of meat.
We measure [the volume of] the udder at the time that it was cooked, not according to its state when it fell [into the mixture].", + "We do not roast an udder that has been cut above meat on a spit.54This is a safeguard so that it will not discharge milk which will flow over other pieces of meat. If, however, one roasted it [in that manner], everything is permitted.55For even if its milk does flow over other pieces of meat, they are not forbidden. The rationale is that since it has been cut open, we do not suspect that perhaps some milk remained. Since the entire prohibition is Rabbinic in origin, we are not overly stringent. The Rama states if the udder was not cut open beforehand, the meat that is lower on the spit is forbidden.", + "A stomach that is cooked with milk inside it56I.e., a calf that had drank its mother's milk and was cooked with that milk in its stomach. is permitted. [The rationale is that] it is no longer considered as milk.57The Kessef Mishneh states that according to the Rambam, this applies even to milk that is still liquid. Since it has already undergone preliminary digestive processes, it is no longer considered as milk. See Chapter 4, Halachah 19. Instead, it is considered as a waste product, because it undergoes a change in the digestive system.", + "It is forbidden to place the skin of a kosher animal's stomach [in milk] to serve as a catalyst for it to harden into cheese. If one used it as a catalyst, [a gentile] should taste the cheese. If it has a taste of meat, it is forbidden. If not, it is permitted. [The rationale is that] the catalyst is itself a permitted entity,58Hence the logic mentioned in the following note does not apply. for it comes from the stomach of a kosher animal. [The only question] is [whether] the prohibition against meat and milk [was violated] and that is dependent on whether the flavor was imparted.
[Different laws apply, however, when] one uses the skin of the stomach of a nevelah, a trefe, or a non-kosher animal. [The rationale is that] since the catalyst is forbidden in its own right, the cheese becomes forbidden, not because of the prohibition of meat and milk, but because of the prohibition against a nevelah. For this reason, [our Sages] forbade cheeses made by gentiles, as we explained.59Chapter 3, Halachah 13. As the Rambam states in that halachah, since the amount of skin used is minimal, we might think that no prohibition is involved, for the forbidden substance would be nullified. Nevertheless, the Rabbis ruled stringently, explaining that since the catalyst which causes the milk to curdle is forbidden, everything is forbidden.", + "Meat alone is permitted and milk alone is permitted. It is [only] when the two become mixed together through cooking that they both become forbidden.
When does the above apply? When they were cooked together, when a hot object fell into a hot object,60For in this instance, the two substances will be absorbed by each other just as if they had been cooked together. or when a cold object fell into a hot object.61For we follow the principle (Pesachim 76a): \"The lower one dominates,\" and the food is considered as hot. If, however, [milk or meat] that is hot fell into the other when it is cold, [all that is necessary is to] remove the surface of the meat which touched the milk; the remainder may be eaten.62We assume that the meat's surface absorbed a small amount of milk while it was cooling down (ibid.). Hence the surface is forbidden and must be removed. The milk does not, however, permeate beyond the surface. Therefore the remainder is permitted. With regard to the milk, it appears that there is no prohibition. The Radbaz explains that since it is not possible to remove the surface of the milk, there is no prohibition whatsoever. Other Rishonim require that the milk be sixty times the volume of the surface of the meat. The Shulchan Aruch (Yoreh De'ah 91:4) quotes the Rambam's ruling and the Siftei Cohen 91:8 states that this decision is accepted by the Rama despite the fact that this might appear incompatible with some of the other rulings of the Rama. The Turei Zahav 91:7, however, argues in favor of the view of the other Rishonim.
If cold [meat] fell into cold [milk or the opposite], one must wash the piece of meat thoroughly.63Since they are both cold, there is no suspicion that one will be absorbed by the other. Washing the meat is necessary only to remove any traces of milk that might be left. [Afterwards,] it may be eaten. For this reason, it is permitted to [carry] meat and milk bound together in a single handkerchief, provided they do not touch each other. If they do touch each other, one must wash the meat and wash the cheese.64The Bayit Chadash rules that this applies only when one of them is moist. If they are both solid, they need not even be washed. [Afterwards,] he may partake of them.", + "When a substance is salted to the extent that it cannot be eaten because of its salt,65In previous eras, before the advent of refrigeration, meat was salted thoroughly to preserve it. Afterwards, when one desired to partake of it, he would soak it in water to remove the salt (Rashi, Chullin 112a). The Radbaz states that we are speaking about salting meat in a manner similar to the way it is salted to remove its blood. If less salt than that is used, these laws do not apply. See the Shulchan Aruch (Yoreh De'ah 91:5) which discusses these laws. is considered as if it is boiling.66I.e., we assume that it will cause substances to be discharged and absorbed as cooking does. This is merely a Rabbinic stringency.
It must be emphasized that the comparison to cooking is not total. Generally, salting only causes the surface of the substance to become forbidden. If, however, the substance is fatty, the entire substance becomes forbidden (ibid.:6).
If it can be eaten in its present state like kutach,67A mixture of milk, breadcrumbs, salt, and spices, commonly served as a dip in Babylon. it is not considered as if it is boiling.68All that is necessary is to wash the meat and/or cheese thoroughly.", + "[The following rules apply when] a fowl that has been slaughtered falls into milk or kutach that contains milk: If it is raw, it need only be washed thoroughly and it is permitted. If it was roasted, one should remove its surface.69There is a difference of opinion among the Rabbis if this is speaking about a roasted fowl that is hot, or even one that is not hot. According to the latter opinion, it will still absorb some milk because it has become soft and permeable. The Shulchan Aruch (Yoreh De'ah 91:7) quotes the first view while the Turand the Rama mention the second. If it has portions where it is open70I.e., instead of being a solid surface, the surface of the meat cracks open in several places. or it is spiced and it falls into milk or kutach, it is forbidden.71Because the cracks in its surface or the spices will cause it to absorb the milk to a greater extent than it would otherwise. This clause appears also to be referring to meat that has been roasted. There are, however, opinions that interpret it as referring to raw meat. See Siftei Cohen 91:21.", + "It is forbidden to serve fowl72Needless to say, this applies to meat (see Lechem Mishneh). together with milk on the table upon which one is eating.73They may, however, be placed together on a serving table (Chullin 104b). This is a decree [enacted] because habit [might lead] to sin.74Since both substances are permitted and they are served together, one might accidentally partake of them together.
Implied is that if substances are forbidden and one would not ordinarily partake of them, there is no difficulty in having them served on the table at which one is eating. See Siftei Cohen 88:2.
We fear that one will eat one with the other. [This applies] even though fowl with milk is forbidden only because of Rabbinic decree.75See the Shulchan Aruch (Yoreh De'ah 88:2) which explains that if a distinction is made, e.g., the milk is placed on one type of placemat and the meat on another, there is no prohibition.", + "When two guests who are not familiar with each other are eating at the same table, one may eat the meat of an animal and one may eat cheese. [The rationale is] that they are not well-acquainted with each other to the extent that they will eat together.76Thus there is little likelihood that they will share their food together.", + "We do not knead a loaf with milk. If one kneaded it [with milk], the loaf is forbidden,77Even to be eaten alone [Shulchan Aruch (Yoreh De'ah 97:1)]. The Shulchan Aruch, however, grants license if only a small amount of bread was prepared in this manner and thus it can be eaten at one time. because habit [might lead] to sin, lest he eat it together with meat. We do not dab an oven with animal fat.78Even if the fat is kosher. If in fact one dabbed an oven [with fat], any loaf is forbidden79We fear that the fat from the oven became absorbed in the bread, causing it to become fleishig. until one fires the oven,80Firing the oven to the point that it becomes red-hot will burn away all traces of the fat. lest one eat milk with [that loaf]. If one altered the appearance of the bread so that it will be evident that one should not eat meat or milk with it, it is permitted.", + "When a loaf has been baked together with roasted meat, or fish were roasted together with meat,81Even if they did not touch each other. Note the Shulchan Aruch (Yoreh De'ah 116) and the Turei Zahav 95:3) which mention that there is a prohibition against eating fish roasted with meat because it could cause a health problem. it is forbidden to eat them together with milk.82For the vapors from the meat become absorbed in the bread or in the fish. In Chapter 15, Halachah 32, the Rambam rules that vapors do not cause an object to become forbidden. There is not necessarily a contradiction between these two rulings, for here we are speaking about a small oven [Radbaz, Shulchan Aruch (Yoreh De'ah 97:3). Even though, after the fact, kosher meat roasted together with non-kosher meat in a small oven is permitted, here one is not deeming the bread or fish forbidden, one is merely prohibiting that it be eaten with milk (Siftei Cohen 97:4). When meat was eaten83Or cooked [Radbaz, Shulchan Aruch (Yoreh De'ah 95:1)]. The Shulchan Aruch adds that this ruling applies only when the dish was thoroughly washed and no trace of meat remains. in a dish and then fish were cooked in it, it is permitted to eat those fish together with kutach.84Even though the kutach contains milk. The rationale is that although the flavor of the meat was imparted to the dish and from the dish, it was imparted to the fish. Nevertheless, since it went through these two intermediate stages, it is not considered significant and does not cause the fish to be considered fleishig. The Rabbis referred to this concept as nat bar nat - notain taam bar notain tam (\"imparting merely flavor a second time\").
It must be emphasized that nat bar nat is permitted only with regard to a mixture of milk and meat. The rationale is that both milk and meat are permitted, a prohibition only exists when they are mixed together and if one of them has been weakened to the extent that it is nat bar nat, it is not considered significant. When, however, an entity is inherently forbidden, e.g., non-kosher meat, when its flavor becomes absorbed into a dish, that dish becomes forbidden and it may not be used again for hot food (Radbaz).
", + "When a knife was used to cut roasted meat85The Rambam's wording implies that the meat was hot (Radbaz). This ruling applies also to hot cooked meat (Kessef Mishneh). There are opinions that maintain that this ruling also applies when the meat was cold (Radbaz). and then was used to cut radish or other sharp foods, it is forbidden to eat them together with kutach.86Rashi, Chullin 111b, states that the rationale is that it is likely that there will be a small amount of fat left on the knife. Thus when the knife is used to cut the sharp food, its sharpness will cause that the flavor of the fat will be imparted to it. According to this view, if the knife was cleaned or used to cut another substance first, it does not cause the radish to be forbidden [Shulchan Aruch (Yoreh De'ah 96:5); note also the dissenting view of the Rama]. (This opinion speaks of fat being left on the knife, for if there was no fat there, seemingly, this instance would resemble the concept of nat bar nat mentioned in the previous halachah.)
There are, however, other opinions (Tosafot, Sefer HaTerumot) which maintain that this ruling would apply even if the knife was clean. The rationale is the pungency of the food and the pressure of the knife cause it to absorb more than an ordinary instance of nat bar nat.
From the Rambam's wording, it appears that the entire radish is forbidden. The Shulchan Aruch (Yoreh De'ah 96:1), however, rules that it is sufficient to remove a piece a fingerbreadth in thickness. The Rama, however, mentions the Rambam's view.
If, however, one cut meat [with a knife] and afterwards cut zucchini or watermelon,87I.e., substances that are not pungent and soft and contain moisture. If one cuts a vegetable that is not soft and moist, it is sufficient to wash it [Shulchan Aruch (Yoreh De'ah 96:5)]. one should scrape away the place where the cut was made and the remainder may be eaten with milk.", + "We do not place a jar of salt near a jar of kutach, because it will draw out its flavor.88The Ra'avad and the Radbaz note that the Rambam apparently had a slightly different version of Chullin 112a, the source for this halachah, than that found in the standard printed texts of the Talmud. According to the standard version, the rationale is that we fear that some drops of kutach will fall into the salt. The Radbaz adds that according to the Rambam, the prohibition applies only with regard to earthenware jugs. If they are made from metal, the material will be too dense to allow for the flavor to be drawn out. Thus one will cook meat with this salt that has the flavor of milk. One may, however, place a jar of vinegar near a jar of kutach, because the vinegar will not draw out its flavor.89According to the other rationale, the kutach will remain a distinct entity if it falls into the salt, but it will become mixed with the vinegar and nullified if it falls into it (Radbaz; Turei Zahav 95:16).", + "When a person eats cheese or milk first, it is permitted for him to eat meat directly afterwards. He must, however, wash his hands90The Shulchan Aruch (Yoreh De'ah 89:2) states that if one sees that his hands are clean, it is not necessary to wash them. and clean his mouth between the cheese and the meat.91The Rama quotes a view that requires one to wait six hours after eating hard cheese. It is, however, questionable if this would be required for most hard cheese commercially produced today.
With what should he clean his mouth? With bread or with fruit that [require him] to chew and then swallow or spit them out.92The Shulchan Aruch (loc. cit.) states that one should also wash his mouth. One may clean his mouth with all substances with the exception of dates, flour, and vegetables, because they do not clean effectively.", + "When does the above apply? With regard to the meat of a domesticated animal or a wild beast.93The requirement of this stringency for the meat of a domesticated animal is understandable, for the prohibition is of Scriptural origin. Nevertheless, according to the standard text of Halachah 4, the prohibition against a mixture of milk and the meat of a wild beast is also Rabbinic in origin. What then is the difference between the meat of a wild beast and that of a fowl? The Kessef Mishneh, however, explains that the meat of a domesticated animal resembles the meat of a wild beast. Hence it was necessary for the Rabbis to forbid it. Alternatively, Rabbenu Tam explains that the meat of a wild beast will stick to a person's mouth and hands more than the meat of a fowl. If, however, one [desires to] eat the meat of a fowl after eating cheese or milk, it is not necessary for him to clean his mouth or wash his hands.94Since only a Rabbinic prohibition is involved, our Sages did not enforce any further stringency.", + "When a person ate meat first - whether the meat of an animal or the meat of a fowl - he should not partake of milk afterwards unless he waits the time for another meal, approximately six hours.95This is the view stated in the Shulchan Aruch (Yoreh De'ah 89:1) and in the Rama's conclusion, although the Rama does mention that there are some more lenient views. This stringency is required because meat that becomes stuck between teeth and is not removed by cleaning.96The Tur (Yoreh De'ah 89) gives a different rationale: that because meat is fatty, its taste persists for a long time." + ], + [ + "All the prohibitions we mentioned involve living beings. There are also other Scriptural prohibitions that involve the produce of the earth. They include: chadash, kilai hakerem, tevel, and orlah.1The Rambam proceeds to define each of these terms in the subsequent halachot. The prohibitions the Rambam mentions in this chapter apply universally. There are other prohibitions involving the consumption of agricultural products that apply with regard to non-priests, e.g., terumah, as explained in Sefer Zeraim and others involving the sacrifices as explained in Sefer HaAvodah (Radbaz).", + "What is meant by chadash?2The term chadash literally means \"new.\" It refers to new grain, i.e., grain that is harvested before the sixteenth of Nisan, as the Rambam proceeds to explain. It is forbidden to partake of any of the five species of grain3These five species are commonly identified as wheat, barley, rye, oats, and spelt. As mentioned in the notes to Hilchot Berachot 3:1, there is some discussion whether these are in fact the species of which the Talmud and the Rambam speak. alone4I.e., other species commonly identified as grain, e.g., corn, rice, and millet, are not included in this ban. before the omer5A measure of barley that is offered on the sixteenth of Nisan, as explained in Leviticus 23:9-15; Hilchot Temidim UMusafim, ch. 7. is offered on the sixteenth of Nisan, as [Leviticus 23:14] states: \"You may not partake of bread, roasted kernels, or fresh kernels.\"6Sefer HaMitzvot (negative commandments 189-191) and Sefer HaChinuch (mitzvot 303-305) include these prohibitions among the 613 mitzvot of the Torah. The Radbaz states that the Rambam mentions chadash before the other prohibitions, because it occurs most frequently, recurring every year.
Anyone who partakes of an olive-sized portion of fresh grain before the offering of the omer is liable for lashes. [This applies] in every place and at all times, whether in Eretz [Yisrael] or in the Diaspora,7In the Diaspora, where crops of grain are sometimes planted after Pesach, this prohibition could present a problem. For all grain planted after Pesach, will not be permitted until the following year. In resolution, the Rama writes that unless we know otherwise, all grain is permitted after Pesach, based on the concept of sefek-sefekah - multiple doubt. It is possible it is from the previous year's crop. Even if it is from this year's crop, perhaps it took root before Pesach and is thus permitted.
The Bayit Chadash in his gloss to the Tur (Yoreh De'ah 293) elaborates on the concept that the prohibition against chadash applies only to grain belonging to a Jew. Grain belonging to a non-Jew is not bound by this prohibition. The Turei Zahav 293:2 differs and maintains that it applies also to grain grown by a gentile. Most of the authorities respect the Bayit Chadash for his attempt to absolve most of the Jewish people from the prohibition (since by and large, the grain available in the Diaspora is grown by non-Jews) but accept the logic of the Turei Zahav. In practice, however, it is customary to rely on the leniency of the Rama.
whether at the time of the Temple or when the Temple is no longer standing.8I.e., the prohibition is not dependent on the offering of the omer, but instead applies even when no sacrifices are offered.
[The only difference in observance is that] while the Temple is standing, once the omer has been offered, it is permitted [to partake of] new grain in Jerusalem. Distant places9I.e., places that will not be able to hear a report when the omer was actually offered before noon because they are far removed from Jerusalem. are permitted [to partake of new grain] after midday. For the court will not be indolent with regard to [the offering of omer] beyond midday.10I.e., by midday, one can be certain that the omer had been sacrificed. [Now] when the Temple is no longer standing, the entire day is forbidden according to Scriptural Law. In the present age, in the places where the festivals are observed for two days,11See Hilchot Kiddush HaChodesh, ch. 5, which explains that in places where messengers from Jerusalem would not inform the Jewish community when the new month had been sanctified, the festivals are observed for two days, for perhaps the day considered as the fifteenth of Nisan was really the fourteenth. chadash is forbidden on the entire day of the seventeenth of Nisan until the evening according to Rabbinic Law.12Since the observance of the second day was instituted because there was a doubt concerning the day on which the festival should be observed, our Sages ordained that the prohibition concerning chadash should be observed by Rabbinical decree until the conclusion of the seventeenth so as not to minimize the importance of the festival. Even though there is no longer any doubt concerning the day on which the festival should be observed, we heed this prohibition to maintain our Sages' original decree (Radbaz).", + "When a person partakes of an olive-sized portion of bread from each of roasted kernels, or fresh kernels [from chadash], he is liable for three sets of lashes,13Provided he is given a separate warning for each one (Radbaz). as [implied by the verse]: \"You may not partake of bread, roasted kernels, or fresh kernels.\" According to the Oral Tradition, we learned that all three involve separate prohibitions.14All three are mentioned in one verse. Thus one might think that we are speaking of a prohibition of a general nature and we follow the principle (see Hilchot Sanhedrin 18:2-3) that lashes are not given for a prohibition of a general nature. Nevertheless, Keritot 5a explains why this instance is an exception.", + "Whenever grain took root before the offering of the omer, it is permitted to be eaten after the offering of the omer despite the fact that it did not reach maturity until after that offering. Grain that took root after the offering of the omer is forbidden until the offering of that sacrifice the following year even though it was planted before that offering was brought. This law applies in every place15I.e., even in places that follow a different agricultural cycle than Eretz Yisrael. and in every era according to Scriptural Law.", + "[There is an unresolved halachic difficulty in the following situations:] Grain took root after the omer. One harvested it and sowed this wheat in the ground. Afterwards, the omer of the following year was offered, while these kernels of wheat were still in the ground.16And had not sprouted (Shulchan Aruch (Yoreh De'ah 293:4). There is a doubt whether [the offering of] the omer caused [these kernels] to be permitted as if they had been stored in a jar or it did not cause them to be permitted, because they have been nullified in the ground.17And thus they would not be permitted until the following year. Therefore if a person collected them and partook of them, he is not liable for lashes, but [instead] is given stripes for rebellious conduct.
Similarly, when a stalk reached a third of its growth before the offering of the omer,18Thus had one left it in the ground, it would have been permitted. one uprooted it and then replanted it after the offering of the omer, and it increased in size. There is a doubt whether it is forbidden because of the increase in size until the offering of the omer the following year or it is not forbidden because it took root before the offering of the omer.19The Shulchan Aruch (Yoreh De'ah 293:5) rules that such grain is forbidden because of the doubt.", + "What is meant by kilai hakerem?20The Hebrew term literally means \"mixed species in a vineyard.\" Sowing a species of grain or a type of vegetable together with a vine.21The Rambam's statements have attracted the attention of the commentaries, for they represent a contradiction to his statements in Hilchot Kelayim 8:1: \"One is not liable for sowing kilai hakerem unless he sows wheat, barley, and grape seeds together.\" The Radbaz explains that the laws governing sowing mixed species are different than those regarding partaking of them. [This applies] whether they were sown by a Jew or a non-Jew,22For as above, the prohibition against sowing mixed species and partaking of them are distinct. whether they grew on their own, or whether one planted a vine among vegetables, we are prohibited against partaking and benefiting from both of them, as [Deuteronomy 22:9] states: \"Lest the fullness of the seed which you sowed and the produce of the vineyard become hallowed.\"23Sefer HaMitzvot (negative commandment 193) and Sefer HaChinuch (mitzvah 549) include this prohibition among the 613 mitzvot of the Torah. [\"Becom[ing] hallowed\"] means being set apart and forbidden.", + "One who eats24The Torah does not specifically mention that it is forbidden to partake of the mixed species. Nevertheless, it states that it is forbidden to derive benefit from them. There is no greater derivation of benefit than eating (Radbaz). From the Rambam's wording, one would surmise that one is not liable for lashes from merely benefiting from kilai hakerem. an olive-sized portion from kilai hakerem, whether from the vegetables or from the grapes is liable for lashes according to Scriptural Law. The two can be combined to reach this measure.25I.e., when one eats some of the grapes and some of the vegetables, if the combined volume is the size of an olive, he is liable.", + "When does the above26Liability for lashes. apply? When they were sown in Eretz Yisrael.27In his Commentary to the Mishnah (Orlah 3:10), the Rambam writes that this concept is derived from Deuteronomy 22:9: \"Do not sow kilayom in your vineyard.\" For the only vineyard that can truly be considered as \"yours,\" i.e., belonging to a Jew, is one in Eretz Yisrael.
The Mishneh LiMelech writes that in the present era, when the observance of the agricultural laws in Eretz Yisrael is only a matter of Rabbinic Law (see Hilchot Terumah 1:26), the prohibition against kilai hakerem is also of Rabbinic origin.
In the Diaspora, by contrast, kilai hakerem are forbidden by Rabbinic decree.
In Hilchot Kelayim,28One of the Halachot in Sefer Zeraim. it will be explained which species are forbidden as kilai hakerem and which are not forbidden, how they become forbidden, when they become forbidden, in which situations, produce causes vines to become \"hallowed,\" and when they do not cause them to become \"hallowed.\"", + "What is meant by orlah?29The term literally means \"covered.\" Thus the Jerusalem Talmud (Ma'aserot 4:4) speaks of \"something which covers (oral) its fruit.\" For that reason, a foreskin is described as an orlah, because it covers the male organ. Here also this fruit is \"covered\" by a forbidden quality. Whenever anyone plants30I.e., replants an existing seedling or plants a seed and grows the tree from the outset (Radbaz). a fruit tree, it is forbidden to partake of or benefit from all of the fruit the tree produces for three years after being planted, as [Leviticus 19:23] states: \"For three years, they shall be closed off for you, they may not be eaten.\"31Sefer HaMitzvot (negative commandment 192) and Sefer HaChinuch (mitzvah 246) include this prohibition among the 613 mitzvot of the Torah. Whoever eats an olive-sized portion of such fruit is liable for lashes according to Scriptural Law.", + "When does this apply? When one plants in Eretz Yisrael, as [the above] verse states: \"When you enter the land....\" With regard to the prohibition against orlah in the Diaspora, it is a halachah transmitted to Moses at Sinai32I.e., an element of the Oral Tradition that has no explicit source in the Written Law. that fruit that is definitely orlah is forbidden. If there is a doubt regarding the matter, it is permitted. In Hilchot Ma'aaser Sheni,33One of the Halachot in Sefer Zeraim. it will be explained which [growths] are forbidden as orlah and which are permitted.34I.e., which type of planting or replanting incurs the prohibition against orlah and which does not.", + "When there is a doubt whether produce is orlah or kilai hakerem in Eretz Yisrael, it is forbidden.35A Scriptural prohibition is involved. Hence we follow the principle: Whenever a Scriptural prohibition is involved, we rule stringently. In Syria, i.e., the lands that David conquered,36As explained in Hilchot Terumah 1:3, King David conquered parts of Syria before he completed the conquest of Eretz Yisrael. Hence, these lands were not considered as part of Eretz Yisrael proper. Nevertheless, certain laws concerning the produce of Eretz Yisrael were applied there by Rabbinic decree. it is permitted.
What is implied? If there was a vineyard [containing] orlah and grapes were being sold outside it, or there were vegetables sown inside it37Thus violating the prohibition against kilai hakerem. and vegetables were being sold outside it, [in which instance,] there is a doubt whether [the grapes or the vegetables] came from it or from another place, in Syria, they are permitted.38I.e., permission is granted even in an instance were it is highly likely that the produce is prohibited. In the Diaspora, even if one sees grapes being taken out from a vineyard that is orlah or vegetables being taken out from a vineyard, one may purchase them provided one does not actually see orlah being reaped or the vegetables being harvested [from the vineyard].", + "When there is a doubt whether a vineyard [contains] orlah or kilai hakerem, in Eretz Yisrael, it is forbidden. In Syria, it is permitted.39I.e., one may purchase the produce even if one is certain it comes from the vineyard in question. Indeed, one may even pick the produce from that vineyard by oneself (Radbaz; Hilchot Ma'aser Sheni 10:11). Needless to say, that ruling prevails in the Diaspora.", + "It is forbidden40This represents the Rambam's interpretation of Bava Batra 24a. Others interpret that passage as stating that we are even permitted to partake of the wine. This is the view quoted by the Shulchan Aruch (Yoreh De'ah 294:11).
Tosafot questions: Why isn't the wine forbidden as yayin nesech, wine touched by a gentile? They reply that we assume that the thieves were Jewish. Thus if there is reason to think that the thieves are gentile, the wine is forbidden (Siftei Cohen 294:22).
to drink a jug of wine that is found hidden in an orchard [whose produce is] orlah. It is permitted to benefit from it. [The rationale is] that a thief will not steal from a place and hide [what he stole] there. Grapes that are hidden there are forbidden, lest they have been harvested from there and stored away there.", + "[The following laws apply when] a gentile and a Jew are partners in planting [an orchard]. If at the beginning of the partnership, they agreed that the gentile would benefit from the produce during the years of orlah and the Jew would benefit from it for three years when the produce is permitted afterwards, it is permitted.41I.e., the gentile takes care of the orchard in the orlah years, and the Jew in the subsequent years. He is not considered as benefiting from the produce that is orlah, because it never belonged to him. If they did not make such an agreement at the outset, it is forbidden [to make one afterwards].42For the crops that are orlah are considered to have become the Jew's property and he is bartering them. Rashi and Rabbenu Asher (Avodah Zarah 22a) differ and permit such an arrangement to be made. They explain that although if such an arrangement is not made at the outset, it is forbidden to make it with regard to the Sabbath, different rules apply here. On the Sabbath, it is forbidden for the gentile to perform work on behalf of the Jew. In this instance, no such prohibition exists (Siftei Cohen 294:28). The Shulchan Aruch (Yoreh De'ah 294:13) follows the Rambam's approach, while the Rama follows that of Rabbenu Asher. [Even when the agreement was made at the outset,] they may not make a reckoning.
What is meant [by making a reckoning]? I.e., to calculate the quantity of produce from which the gentile benefited in the years of orlah so that the Jew will benefit from exactly that amount. If they made such an agreement, it is forbidden, for this is exchanging the produce which is orlah.43Here also, the authorities who rule leniently as mentioned in the previous note would rule leniently (Siftei Cohen 294:29).", + "It appears to me that the laws of neta reva'i44This term refers to the produce of the fourth year of a tree's growth. This produce must be taken to Jerusalem and eaten in a state of ritual purity or redeemed and the money taken to Jerusalem to be used for food to be eaten there. do not apply in the Diaspora. Instead, one may eat the produce of the fourth year without redeeming it at all. Our Sages mentioned only orlah.
An extrapolation can be made from a more stringent instance to [this one] which is less stringent. In Syria, the laws governing the tithes and the Sabbatical year apply by Rabbinic decree,45See Hilchot Terumot 1:4; Hilchot Shemitah 4:27. nevertheless, the laws governing neta reva'i do not apply, as will be explained in Hilchot Ma'aser Sheni.46Hilchot Ma'aser Sheni 9:1. Thus, in the Diaspoa,47Where the laws of the tithes and the Sabbatical year do not apply at all. how much more so should [we conclude] that the laws governing neta reva'i do not apply.
In Eretz Yisrael, however, these laws apply whether or not the Temple is standing.48The Rambam's wording is somewhat misleading. The laws of neta reva'i are not dependent on the existence of the Temple. Even if the Temple is not standing, this mitzvah applies. Nevertheless, according to Scriptural Law, they apply only when the sanctity of Eretz Yisrael is intact. And according to Scriptural Law, that sanctity was nullified after the conquest of the land by the Assyrians and Babylonians. According to Rabbinic Law, however, these laws do apply in Eretz Yisrael in the present age. Some of the Geonim ruled that kerem reva'i49The harvest of a vineyard must be redeemed, but not that of any other type of tree. alone must be redeemed in the Diaspora before it is permitted to be eaten. There is no basis for this [ruling].50The Shulchan Aruch (Yoreh De'ah 294:7) quotes opinions that state that the laws applying to neta reva'i also apply in the Diaspora, as well as the Rambam's view that they do not apply. The Tur and the Rama quote the opinion of the Geonim who maintain that these laws apply with regard to a vineyard, but not with regard to any other types of produce.", + "In Eretz Yisrael, it is forbidden to eat any of the produce of the fourth year51The Radbaz emphasizes that even if the fourth year passes, fruit which grew during that year is forbidden in the fifth year until it is redeemed. This is also included as one of the 613 mitzvot. The Rambam, however, lists that mitzvah in Hilchot Ma'aser Sheni. until it is redeemed.52I.e., in the present era. See the following note. In Hilchot Ma'aser Sheni, we will explain the laws governing the redemption [of the produce], how it should be eaten, and when we begin calculating the growth of a tree with regard to orlah and [netah] reva'i.", + "How is produce which is neta reva'i redeemed in the present age?53In Hilchot Ma'aser Sheni, the Rambam explains that in the era of the Temple, the produce would be taken to be eaten in Jerusalem in a state of ritual purity (or redeemed for its value and that money taken to Jerusalem to be used to purchase food to be eaten there in a state of ritual purity). Since that is not possible in the present era, different laws apply. After [the produce] is collected, one recites the blessing: Blessed are You, God, our Lord, King of the earth, who has sanctified us with His commandments and commanded us to redeem neta reva'i. Afterwards, one redeems the entire crop even with one p'rutah.54A copper coin of minimal value. In the era of the Temple, it was necessary to redeem the produce for its value and add a fifth (Hilchot Ma'aser Sheni 4:1,9). In the present era, since there is no opportunity to use the money as required, a p'rutah is sufficient for one's entire harvest (Arachin 29a). This p'rutah is then cast into the Dead Sea.55I.e., a place where no one will benefit from it. In Hilchot Ma'aser Sheni 2:2, the Rambam states that the p'rutah should be cast into the Mediterranean Sea. At times, the term Yam HaMelech which is commonly translated as the Dead Sea is used to refer to the Mediterranean. The Shulchan Aruch (Yoreh De'ah 294:6) mentions the Mediterranean. It also states that one may grind the coin into dust.
Alternatively, one may transfer the holiness to other produce that is worth a p'rutah by saying:56Seemingly, the wording of the blessing should also be altered as indicated by Hilchot Ma'aser Sheni 4:3. \"The holiness of all of this produce is transferred to this wheat,\" \"...to this barley,\" or the like.57This is also a leniency granted in the present age. In the era of the Temple, at the outset, one should not transfer the holiness from one species of produce to another (Hilchot Ma'aser Sheni 4:2). Afterwards, one burns the [latter quantity of produce] so that they will not cause difficulty to others.58These kernels of grain must also be eaten in Jerusalem in a state of ritual purity. Since this is impossible, they should be destroyed, lest another person transgress by eating them elsewhere. He may then partake of all the produce [he harvested].", + "Some of the Geonim ruled that even though one redeemed the produce of the fourth year or transferred its holiness, it is forbidden to partake of it until the entrance of the fifth year. This ruling has no foundation. It appears to me that it is in error. [Although Leviticus 19:25] states: \"And in the fifth year, you shall partake of its produce,\" the intent of the verse is that in the fifth year you will partake of its produce without redeeming it like any ordinary produce in the world. One should not heed the above ruling.", + "What is meant by tevel? Any produce from which one is obligated to separate terumah and tithes is called tevel before one separates these portions.59Before produce may be eaten, a person must separate bikkurim (the first fruits), terumah gedolah (a small portion - 1/40 to 1/60 of the produce) which is given to the priests, ma'aser (tithes, which is given to the Levites), and ma'aser sheni (the second tithe, which is eaten in a state of purity in Jerusalem) or ma'aser oni (the tithe given to the poor). From the tithe which the Levites receive, they must give a tithe to the priests as terumat ma'aser. [In that state,] it is forbidden to partake of it,60Sefer HaMitzvot (negative commandment 153) and Sefer HaChinuch (mitzvah 284) include this prohibition among the 613 mitzvot of the Torah. as [Leviticus 22:16] states: \"And they shall not desecrate the sacraments of the children of Israel which they will dedicate to God,\" i.e., one should not treat them in an ordinary manner while the sacred elements that will be separated in the future have not yet been separated.
When a person61There is a question if this prohibition applies even to a priest who would later be permitted to partake of terumah. To explain: There is a discussion among the Achronim if tevel is considered as an independent prohibition or if it is forbidden because of terumah that has not been separated (see Tzaphnat Paneach; Atvan D'Oraita). According to the former view, even a priest is liable, while according to the second view, there is room for leniency. partakes of an olive-sized portion of tevel before he separates terumah gedolah and terumat ma'aser, he is liable for death by the hand of heaven,62I.e., he will die before his time. as [Leviticus 22:15-16] states: \"And they shall not desecrate the sacraments of the children of Israel... And they will bear the sin of guilt.\"", + "When, however, one partakes of food from which terumah gedolah and terumat ma'aser63Terumat Ma'aser should be separated after the tithes are separated. Nevertheless, after the fact, if one separated it beforehand, the separation is valid. have been separated, but from which tithes - even the tithes of the poor have not been separated - he is worthy of lashes for partaking of tevel. He is not worthy of death. For only with regard to terumah gedolah and terumat ma'aser is the sin worthy of death.64The Ra'avad explains the Rambam's ruling on the basis of the prooftext cited in the previous halachah which puts an emphasis on \"the sacraments of the children of Israel.\" That term refers to terumah. The Kessef Mishneh, however, notes that the second tithe is also referred to as \"a sacrament.\" The Lechem Mishneh, however, offers a resolution.", + "The warning against partaking of tevel from which tithes were not separated is included in [Deuteronomy 12:17 which] states: \"You may not eat the tithes of grain... in your gates.\"65Although that prohibition forbids eating the second tithe outside of Jerusalem, it also has this intent.
In Hilchot Terumot and Hilchot Ma'aserot, it will be explained which produce is obligated to have terumah and the tithes [separated from it] and which is not, when does the obligation stem from Scriptural Law and when is it Rabbinic. When a person partakes of an olive-sized portion of produce that is tevel according to Rabbinic Law66E.g., produce that grows in a flower pot without a hole on the bottom. or kilai hakerem or orlah from the Diaspora,67See Halachah 8 and 10. he is liable for stripes for rebellious conduct.", + "The juices that come from produce that is tevel, chadash, consecrated to the Temple, growths of the Sabbatical year, kilayim, and orlah are forbidden as they are. One is not, however, liable for lashes for partaking of them.68The Maggid Mishneh (in his gloss to Chapter 8, Halachah 16) states that this is not the ordinary way which one benefits from such produce. The Lechem Mishneh explains that other juices, in contrast to wine and oil, are not considered to have the substance of the fruit. Exceptions are wine and oil that are orlah and wine that is kilai hakerem. One is liable for lashes for them just as one is liable for lashes for the olives and grapes,", + "There are other prohibitions involving foods applicable to consecrated entities. They are all of Scriptural origin, e.g., there are prohibitions against partaking of terumot, the first fruits, challah, and the second tithe. And there are prohibitions involving sacrifices consecrated [to be offered] on the altar, e.g., piggul, sacrificial meat that remains past its time, and sacrifices that have become impure.69See Chapter 18 of Hilchot Pesulei HaMekedashim for a definition of these prohibitions. All of these [prohibitions] will be explained in the appropriate place.", + "The measure for which one is liable - whether for lashes or for kerait is an olive-sized portion. We have already explained the prohibition against [partaking of] leaven on Pesach and the [relevant] laws in Hilchot Chametz UMatzah. The prohibition against eating on Yom Kippur is a different type of prohibition.70In all other instances, it is the substance (cheftzah) that is forbidden. On Yom Kippur, the prohibition does not apply to the substance, but to the person (the gavra). He is forbidden to partake of all foods. The prohibition against all products of the vine that applies to a Nazirite does not apply equally to all. Therefore, all of these prohibitions, the measure for which one is liable, and the [relevant] laws are explained in the appropriate place." + ], + [ + "When wine has been poured as a libation to a false divinity,1As explained in Hilchot Avodat Kochavim 3:3, pouring a libation and sacrificing are among the four acts of service for which one is liable to any false deity, even if this is not its mode of service. it is forbidden to benefit from it. A person who drinks even the smallest quantity2See the following halachah. of [such wine] is liable for lashes according to Scriptural Law. Similarly, anyone who partakes of the smallest quantity of something offered to a false deity, e.g., meat or fruit, even water or salt, is worthy of lashes, as [implied by Deuteronomy 32:38]: \"The fat of whose offerings they would eat; they would drink the wine of their libations. Let them stand.\"3Sefer HaMitzvot (negative commandment 194) includes this prohibition among the 613 mitzvot of the Torah. According to the Rambam, it is actually the last of the mitzvot which the Torah mentions.
Although the verse does not specifically mention a prohibition, the Rambam derives the prohibition as follows: As stated in Hilchot Avodat Kochavim 7:2, we are forbidden to derive benefit from anything offered to a false deity. Since the prooftext quoted establishes an equation between a libation and an offering, we conclude that just as an offering is forbidden by a negative commandment; so, too, there is a negative commandment involving a libation (see Avodah Zarah 29b).
The Ramban (in his Hasagot to Sefer HaMitzvot) and the Sefer HaChinuch (Mitzvah 111) maintain that both are included in a single prohibition. They should not be counted as separate negative commandments. They all agree, however, that the prohibition against such wine is Scriptural in origin. As the Rambam explains in Sefer HaMitzvot, loc. cit., there are statements of our Sages that appear to imply that the prohibition is Rabbinic in origin. Those statements, however, apply to wine handled by gentiles (see Halachah 3) and not to wine that was actually used for a libation.
", + "Wine poured as a libation to a false deity is like a sacrifice offered to it. Since this prohibition stems from [the prohibition against] the worship of false deities, there is no minimum measure involved, as stated with regard to the worship of false deities [ibid. 13:18]: \"Let no trace of the condemned [entity] cling to your hand.\"4This verse is most particularly related to the prohibition against benefiting from the property of a city who were drawn after idol worship (ir hanidachat). Nevertheless, since all false deities can be considered as \"condemned,\" the verse applies to them as well (Megillat Esther, Sefer HaMitzvot, negative commandment 25). The expression \"any trace\" implies even the slightest amount of benefit is prohibited.", + "When we do not know whether wine belonging to a gentile was used for a libation or not, it is called \"ordinary [gentile] wine.\" It is forbidden to benefit from it, as it is forbidden to benefit from wine used as a libation. [This matter] is a Rabbinic decree.5We find an allusion to this decree in Scripture itself for Daniel 1:8 speaks of how Daniel refrained from drinking the king's wine. Avodah Zarah 36b states that the decree against drinking wine handled by gentiles was instituted lest this lead to familiarity and ultimately, to intermarriage. From the Rambam's wording in the following halachah, however, it would appear that the prohibition was instituted as a safeguard against benefiting from idolatry (Ma'aseh Rokeach; see also Halachah 7 and notes). When a person drinks a revi'it6One fourth of a log, 86 cc. According to Shiurei Torah and 150 cc. According to Chazon Ish. This is the standard liquid measure involved in ritual matters. of \"ordinary [gentile] wine,\" he is liable for \"stripes for rebellious conduct.\"7It is forbidden to drink even the slightest amount, but one is liable only for drinking a revi'it (Lechem Mishneh).", + "It is forbidden [to benefit from] any wine that a gentile touches;8See Chapter 12, Halachot 1-2, which define what is meant by a gentile touching wine. As implied by the contrast to the following halachah, for it to be forbidden to benefit from the wine, the gentile must touch it intentionally. Similarly, he must know that it is wine (Radbaz). for perhaps he poured it as a libation. For the thought of a gentile is focused on the worship of false deities.9Therefore even if there is no false deity present, it is possible that the gentile intended to use it as a libation. See Halachah 7 and notes which discuss which gentiles we are referring to. From this, we learn that it is forbidden to benefit [even from] wine belonging to a Jew which was touched by a gentile; it is governed by the laws that apply to ordinary gentile wine.", + "When a gentile touches wine unintentionally10See Chapter 12, Halachah 5. and similarly, when a gentile child11Here the term child is not defined chronologically, but in terms of his relation to idolatry. Does he praise the name of a false deity or not? [Avodah Zarah 57a; Tur, Shulchan Aruch (Yoreh De'ah 124:1)]. touches wine, it is forbidden to drink it,12In both instances, we cannot say that the person had the intent to use the wine as a libation. In the first instance, he did not intend to touch the wine and in the second, the child does not know about idolatrous worship. Nevertheless, the wine is still forbidden as a safeguard. See Chapter 12, Halachah 5. See also the Rama (Yoreh De'ah 124:24) who states that in the present era, most gentiles are not idolaters. Even so, if they touch wine unintentionally, although there are authorities who say there is room for leniency, the prevailing custom is to be stringent unless a significant loss is involved. See Siftei Cohen 124:71. but it is permitted to benefit from it.
When one purchases servants from a gentile and they were circumcised and immersed [in the mikveh] immediately,13Thus reaching the intermediate stage of Jewish servants, as Hilchot Issurei Bi'ah 12:11 states, they \"have departed from the category of gentiles, but have yet to enter the category of Jews.\" they no longer pour libations to false deities.14Their \"conversion\" to Judaism will prevent them from offering such a libation. See the Tur who also mentions the opinion of Rabbenu Chananel who maintains that a gentile servant causes wine to be forbidden for twelve months.
The Tur clarifies that the debate concerns only a servant, because his acceptance of Judaism is forced. All agree that no such strictures apply to a convert who willingly accepts Judaism.
It is permitted to drink wine which they touch even though they have yet to conduct themselves according to the Jewish faith and they still speak of idolatry.", + "[With regard to] the children of gentile maidservants that were born in a Jewish domain15If they were not born in a Jewish domain, the circumcision alone is of no consequence and even minors cause wine to become forbidden to drink (Kessef Mishneh). and circumcised, but were not immersed yet:16If they were not immersed yet, even young children cause wine they touch to become forbidden to drink (the Kessef Mishneh's interpretation of the Rambam's opinion). The Rashba, however, differs and maintains even if these children were neither circumcised or immersed, they do not cause wine to be forbidden. The Turei Zahav124:3 and the Siftei Cohen 124:9 differ and maintain that even the Rambam would accept the Rashba's approach. The older ones cause wine that they touch to become forbidden. The younger ones17Here the term child is not defined chronologically, but in terms of his relation to idolatry. Does he praise the name of a false deity or not? [Avodah Zarah 57a; Tur, Shulchan Aruch (Yoreh De'ah 124:1)]. do not cause it to become forbidden.18I.e., it is permitted entirely, even to drink it.", + "With regard to a resident alien, i.e., one who accepted the observance of the seven universal laws [commanded to Noah and his descendants],19The prohibitions against the worship of false deities, blasphemy, murder, theft, incest and adultery, eating the flesh of a living animal, and the obligation to establish courts. See Hilchot Melachim 8:10. as we explained:20See Hilchot Issurei Bi'ah 14:7. It is forbidden to drink his wine, but it is permitted to benefit from it.21The Kessef Mishneh explains that there are two dimensions to the prohibition against drinking the wine of gentiles:
a) The desire to limit familiarity with gentiles, lest it lead to intermarriage. This applies to resident aliens as well. Therefore there is a prohibition against drinking their wine.
b) A safeguard against benefiting from wine used as libations. This does not apply with regard to resident aliens. Therefore there is no prohibition against deriving benefit from their wine.
We may deposit wine in his possession for a short time, but may not entrust it to him for a lengthy period.22Since we do not suspect that he will use the wine for a libation - or allow other gentiles to do so - we do not forbid one to leave it there for a short while. Nevertheless, if it is left there for a long time, we fear that the gentile will exchange it with his own wine and as stated above, it is forbidden for Jews to drink his own wine (see Rashi, Avodah Zarah 64b).
With regard to any gentile who does not serve false deities, e.g., the Arabs:23The Rambam's wording has attracted the attention of the commentaries, for from the beginning of the halachah, it appears that the gentile must accept all seven mitzvot, while this clause appears to imply that it is sufficient for him to accept only the prohibition against idolatry. The Kessef Mishneh explains that when the entire nation does not worship false deities, then we do not fear that wine will be used as a libation. When, however, that is not the case, a gentile must accept all seven mitzvot for his wine to be permitted. It is forbidden to drink his wine, but it is permitted to benefit from it. The Geonim rule in this manner. With regard to those who worship false deities,24Our translation follows the standard version of the Mishneh Torah. The uncensored text reads: \"Christians, by contrast, are idolaters. It is forbidden to benefit....\" The Rama (Orach Chayim 155:1) rules that Christianity violates only the prohibition against shituf, worshipping another entity together with God, and gentiles are not prohibited against such worship. It must be emphasized that today, though many gentiles are nominally Christian, their observance is minimal and they have an awareness of monotheism.
See also the statements of the Rama (Yoreh De'ah 123:1, 124:24) who quotes opinions that maintain that in the present age, it is not customary for gentiles to pour wine as libations to false deities. Nevertheless, the prohibition against drinking such wine, however, remains intact.
by contrast, it is forbidden to benefit from their ordinary wine.", + "Whenever it is stated that wine is forbidden in this context, if the gentile who causes the wine to be forbidden worships false deities, it is forbidden to benefit from it. If he does not worship false deities, it is merely forbidden to drink it. Whenever we refer to a gentile without any further description, we mean one who worships false deities.25For in the Rambam's age, most gentiles were idolaters. The Rabbinic authorities question whether one can make such an assumption in the present age. For many gentiles do not worship according to any religious rites at all and others, like the Arabs, have a conception of monotheism.", + "Only wine that is fit to be offered on the altar is used for libations for false deities. Therefore when [our Sages] decreed against ordinary gentile wine, ordaining that it is forbidden to benefit from any wine touched by a gentile, their decree involved only wine that is fit to be used as a libation. Accordingly, wine that was boiled26Hilchot Issurei Mizbeach 6:9 states that wine that was cooked to the extent that its taste changed is forbidden to be used as a libation on the altar. To put the concept in contemporary terms, wine that was pasteurized is included in this category. that was touched by a gentile is not forbidden. It is permitted to drink it together with a gentile27Avodah Zarah 30b relates that the Sage Shmuel actually drank boiled wine together with a gentile.
The Kessef Mishneh quotes Rabbenu Asher who asks: If the decree against wine touched by a gentile was instituted to prevent intermarriage, what difference does it make if it was boiled or not? Will boiling the wine prevent familiarity from arising with gentiles?
In resolution, he explains that perhaps since boiled wine is uncommon, our Sages did not apply their decree in such a situation. Even though today, it has become common to drink boiled - i.e., pasteurized wine - our Sages decree has not been expanded. It must be emphasized that this leniency applies to wine belonging to a Jew that was boiled. Wine belonging to a gentile becomes forbidden before it is boiled and thus cannot be drunken.
in one cup. If, however, [a gentile] touches wine blended [with water] and wine that began to turn into vinegar,28Although they are unfit to be used for a libation. but can still be drunken it is forbidden.", + "The Geonim of the west ruled that if a small amount of a sweetener29This includes any wine to which sugar was added. or yeast became mixed with Jewish wine, since it is no longer fit for the altar,30Hilchot Issurei Mizbeach 6:9. it is considered as if were boiled or as if it were beer and will not be used as a libation. It is permitted to drink it together with a gentile.", + "When does wine belonging to a gentile become forbidden? When the grapes have been crushed and the wine begins to flow,31In their days, grape presses were built on an incline, so that after the grapes were pressed, the juice would flow naturally toward a cistern. even though it has not descended into the cistern and is still in the wine press, it is forbidden. For this reason, we do not crush grapes together with a gentile in a wine press,32The Turei Zahav 123:14 states that some interpret the Rambam as speaking only about a winepress that is open. If it is plugged close, there is room to say that the prohibition does not apply. Nevertheless, the Turei Zahav quotes other views that maintain that the prohibition applies even in such an instance. lest he touch it with his hand33Implied is that a libation cannot be offered with one's feet (Kessef Mishneh based on Avodah Zarah 56b; the Siftei Cohen 123:43, however, maintains that this is not the correct understanding of the Rambam's words). The Shulchan Aruch (Yoreh De'ah 124:11), however, rules that a gentile who touches the wine with his feet causes it to be come forbidden. The Rama, however, rules leniently and maintains that the prohibition applies only to drinking such wine. and offer it as a libation. [This applies] even if he is bound. [Similarly,] we do not purchase a wine press [filled with] crushed [grapes] even if the wine is still mixed with the seeds and peels and has not descended into the cistern.", + "When a gentile crushes [grapes for] wine without touching it34The Turei Zahav 124:17 interprets this as referring to an instance where he does not touch the wine at all, not even with his feet. The Kessef Mishneh, however, explains that this is referring to a situation where the gentile touches the wine with his feet, but not with his hands. and a Jew is standing over him,35And watching that the gentile does not touch it. and a Jew is the one who collects it in jugs, it is forbidden [only] to be drunken.36It is, however, permitted to benefit from it.", + "It is forbidden to benefit from vinegar belonging to a gentile, because it became [forbidden like] wine offered as a libation before it became vinegar.37The fact that it becomes vinegar afterwards does not cause it to become permitted.The Radbaz states that one can conclude from the Rambam's wording that if a gentile touches vinegar belonging to a Jew, it is permitted, for it is no longer wine.
When a gentile is crushing grapes in a barrel, we are not concerned that the wine [becomes forbidden] as wine used for a libation. If a gentile was eating from the baskets [of grapes brought to a winepress] and left over, a se'ah or two and threw them into the winepress, he does not cause the wine [to become forbidden] as wine used for a libation, even though it spatters over the grapes.38Our translation is based on authoritative manuscripts and early printings of the Mishneh Torah. The standard published text is difficult to understand. As the Radbaz and the Shulchan Aruch (Yoreh De'ah 125:6) state, the Rambam is referring to a situation where a certain amount of grape juice collects in the bottom of the baskets. Even though that juice spatters of the grapes, it does not cause the wine to be considered forbidden, for this prohibition does not apply until the wine begins to flow, as stated in Halachah 11 (Radbaz).", + "Grape seeds and peels belonging to a gentile are forbidden39Even to benefit from them [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 123:14)]. See also the Rama who states that the prohibition applies only when the peels were in contact with gentile wine. If the gentiles had merely crushed the grapes, but the wine had not begun flowing from the winepress, the peels are not forbidden. for twelve months. After twelve months, they have already dried out; they contain no moisture and they are permitted to be eaten. Similarly, the dregs of wine that have dried out are permitted to be eaten after twelve months.40See the Shulchan Aruch (ibid. ) which quotes more stringent views in certain circumstances. [The rationale is that] no trace of wine remains; they are just like dust or earth.", + "It is forbidden to put wine in wineskins or barrels in which gentiles had kept wine41For a certain quantity of wine is absorbed in the container. Afterwards, when the kosher wine is placed in the container, it will be soaked into the container and the wine in the container will be released into it. until:
a) they are allowed to dry for twelve months;42See the Shulchan Aruch (Yoreh De'ah 135:16) which explains that even if one used the containers for water during this period, this does not prevent the containers from becoming permitted.
b) they are placed in a fire until their pitch becomes soft or they become hot;43I.e., if they are not covered with tar (Kessef Mishneh). By heating them, one will achieve the results of libbun and purge any absorbed wine through heat.
See also the Shulchan Aruch (Yoreh De'ah 135:15) which state that hagalah, filling the containers with boiling water is also acceptable.

c) water is placed in them for three days for a full 24 hour period; [one places water in them], pours it out after 24 hours, and puts other water in. [This should be done] three times, [once a day] for three days.
[This applies] whether the containers belong to [the non-Jews] or they belonged to a Jew from whom [the non-Jews] borrowed them and then placed their wine into them. If one put wine in them before purifying them, it is forbidden to drink [that wine].44It is, however, permitted to benefit from this wine (Kessef Mishneh).", + "It is permitted to place beer, fish brine, or fish oil in these containers immediately.45For these substances nullify the taste of wine (Rashi, Avodah Zarah 33b). None of these [purging processes] are necessary. After one placed fish brine or fish oil in them, one may place wine in them, for the salt [in the fish brine or fat] will burn out [any residue of wine].", + "When a person purchases new utensils that were not covered with pitch from a gentile, he may place wine in them immediately, he need not worry that gentile wine had been placed in them. If they were covered with pitch, he should wash them thoroughly even though they are new.46I.e., even though they appear new, we suspect that a gentile used them to store wine. Hence they must be washed. Nevertheless, the fact that they appear new indicates that they were not used for a long time. Hence, washing them is sufficient.
This stringency applies only with regard to containers covered with pitch. Since they are dark black, it is not evident whether they were used previously or not. With regard to other containers, it is much more clearly apparent whether or not they were used. Hence there is no need for this stringency (Kessef Mishneh).

Similarly, [any] utensil in which gentile wine was placed, but was not stored there for an extensive period, e.g., a bucket used to draw wine from a cistern, a funnel, or the like, should have water swished in them. That is sufficient for it.47The Kessef Mishneh notes that Avodah Zarah 74b appears to require that such utensils be dried. He questions why the Rambam does not mention this point. As a possible resolution, he suggests that perhaps the Talmud is speaking about utensils belonging to a gentile, while the Rambam is speaking about those belonging to a Jew.", + "Similarly, it is forbidden to drink from an earthenware cup that a gentile had drunk from. If one washed it thoroughly three times, it is permitted, for all traces of wine have been washed away.48The Rambam's ruling is dependent on his interpretation of Avodah Zarah 33b. Other authorities including Rashi and the Ra'avad have a different understanding of the passage. Their view is cited by the Shulchan Aruch (Yoreh De'ah 135:4). This applies provided it is glazed with lead as potters do or covered with pitch. If, however, it is of earthenware, washing it thoroughly [once] is [all that is] required.49The Kessef Mishneh explains that we are speaking of an instance where the glazing of the lead or the pitch was not completed in a thorough manner and the surface of the utensil is not smooth. Therefore such a utensil will absorb wine more easily than an ordinary earthenware utensil. Hence, three washings are required. The following halachah, by contrast, is speaking about a utensil that is glazed in a more thorough manner, producing a smooth surface. Hence it is less likely to absorb the wine than an ordinary earthenware utensil.", + "When earthenware utensils that are glazed with lead50As mentioned above, the Kessef Mishneh interprets this to mean that they were glazed in a manner that produced a smooth surface. Hence they do not absorb the wine easily. are used for gentile wine, they are permitted51After being washed alone. if they are white, red, or black. If they are green, they are forbidden, because they absorb.52In order to produce a green color, a substance called netar, alum crystals [Rama (Yoreh De'ah 135:5)], is mixed into the glazing. This substance is very absorbent. The Shulchan Aruch (Yoreh De'ah, loc. cit.) states that utensils made from this substance can never be purified. If they have a portion where the earthenware is revealed,53I.e., the glazing does not cover the entire utensil. they are forbidden54Until the wine is purged as mentioned in Halachah 15. whether they are white or green, because they absorb.
It appears to me that this ruling applies only when wine was placed in them for long term storage.55The Kessef Mishneh quotes the Rashba as stating that from the fact that these statements are made about earthenware utensils, one can conclude that metal utensils do not absorb even when gentile wine was placed in them for an extended period of time. They will absorb only when liquids are heated. If, however, it was not placed in them for long term storage, [it is necessary merely to] wash them.56For even if the wine was not placed in them for an extended period, it is possible that there will be a certain amount of residue left in the container. They are then permitted, even if they are earthenware.57For over a short period of time, they will not absorb.", + "When a gentile treads on grapes in a winepress of stone or of wood58That is not covered with pitch (Kessef Mishneh) . or a gentile applied pitch to a winepress of stone59Rashi (Avodah Zarah 74b) and the Tur and the Shulchan Aruch (Yoreh De'ah 138:1) explain that after pitch is applied to a vat, a small amount of wine is placed in the vat to remove the unfavorable odor of the pitch. even though he did not tread the grapes there, one must wash [the press] thoroughly with water and ashes60I.e., rubbing the walls with ashes and then washing them (Kessef Mishneh). four times. Afterwards, one may tread grapes there. If [the press] is still moist, one should place the ashes in before the water. If it is not moist, one should place the water in first.", + "When a gentile treaded [grapes] in a stone winepress covered with pitch or [applied] pitch to a wooden winepress61Since a larger amount of pitch is necessary, it will absorb more. even though he did not tread grapes there, one must peel the pitch.62The Shulchan Aruch (Yoreh De'ah 138:1) follows the position of other Rishonim who maintains that even after peeling the outer layer of the pitch, one must apply ashes and water, as stated in the previous halachah. If one left it for twelve months or placed water in it for three days, it is not necessary to peel [the pitch off].63As stated with regard to barrels in Halachah 15. The Ra'avad and most other Rishonim differ with regard to this ruling and require the barrel to be pealed. [The laws applying to] a winepress need not be more stringent than those applying to barrels.64Indeed, one would suspect the laws governing barrels to be more stringent, for wine is stored there for long periods. It remains in a winepress, by contrast, for only a short time. [The option of] peeling was given only to allow [the winepress to be used] immediately.65Without having to wait any time at all.", + "An earthenware winepress [is governed by more stringent rules].66For earthenware absorbs more readily than other substances. In the previous halachah, we assume that the winepress itself did not absorb any wine. In this case, we assume that it did (Kessef Mishneh). Even if one peels the pitch, it is forbidden to tread grapes in it immediately. [Instead, one must] heat it with fire until the pitch softens. If, however, one leaves it for twelve months or places water in it for three successive days, it is permitted,67Without peeling off the pitch as stated in the previous halachah. Here also the Ra'avad differs and rules that the pitch must be peeled off. The Shulchan Aruch (loc. cit.) follows the Rambam's ruling. as we explained.68In Halachah 15.", + "[The following laws apply to] a filter that had been used for wine belonging to a gentile. If it is made of hair, it should be washed thoroughly69Hair does not absorb liquid at all. Hence, it need only be washed to remove the wine that may be sticking to its surface. and then it may be used as a filter. If it is made from wool, it should be washed thoroughly four times with water and ashes and then left70Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text differs slightly. until it dries. If it was from flax,71Which is more absorbant. it should be left for twelve months. If it has knots, they should be untied [before the filter is washed out].72So that the residue will not collect there.
Similar [laws apply with regard to] utensils from reeds,73Our translation is based on the Rama (Yoreh De'ah 135:8). from date bast, or similar utensils like wicker baskets that are used to tread grapes. If they were sewed with ropes, they should be washed thoroughly. If they are tangled together with snarls that are difficult to undo, they should be washed four times with ashes and with water. [After] they are dried, they may be used. If they are sewed with flax, they should be left unused for twelve months. If they have knots, they should be untied.74When citing this law in his Shulchan Aruch (Yoreh De'ah 138:7, 9), Rav Yosef Caro does not mention the need to untie the knots in this instance. As evident from his Kessef Mishneh, he follows the approach of the Rashba who maintains that when an object is left for twelve months, there is no need to untie the knots. The Siftei Cohen 138:8 differs and states that the Rambam's ruling should be followed.", + "How can the utensils of a winepress used by a gentile for gentile wine be purified so that a Jew may use them? The boards,75Upon which the grapes are placed. the balls of clay,76Used to crush the grapes (see the conclusion of the gloss of the Lechem Mishneh to Halachah 17). and the palm branches77Which are used as brooms to collect the grapes (Rashi, Avodah Zarah 75a). should be washed thoroughly. The restraints78In his Commentary to the Mishneh, Taharot 10:8, the Rambam states that this refers to the restraints placed around olives (and grapes) when they are being squeezed to gather them together. of wood and of canvas should be dried out.79This term refers to the process of applying ashes and water mentioned above. Those from water grasses and from bullrushes should be left unused for twelve months.
If one desires to purify them immediately, he should place them in boiling water,80To purge the wine absorbed in this fashion. seal them with water used to cook olives,81Cooking them in such water will cause whatever wine that was absorbed to be sealed in its place and never to be released. or place them under a drain through which water flows continually or in a stream of running water for twelve hours.82This will also purge the absorbed wine. See Hilchot Tumat Ochalin 11:17 which mentions these same processes in a different context. Afterwards, they are permitted.", + "In the era when the land of Israel was entirely within the possession of the Jewish people, it was permitted to purchase wine from any Jewish person without holding anyone in suspicion.83A Jew who worships false divinities, does not observe the Sabbath, or denies the Torah and its mitzvot is considered equivalent to a gentile and his wine is forbidden just as a gentile's is (see Hilchot Shabbat 30:15). When Eretz Yisrael was populated solely by Jews, our Sages maintained that there was no need to suspect that a person fell into the above categories. In the Diaspora, they would only purchase [wine] from a person whose reputation [for observance] has been established. In the present age, in every place, we only purchase wine from a person whose reputation for observance has been established.84The Ra'avad objects to the Rambam's ruling, stating that a common person will not necessarily cause another to transgress. The Radbaz states that even if the common people will not necessarily transgress themselves, they will not be careful about protecting another person's observance and may sell him forbidden articles. This view is cited by the Rama (Yoreh De'ah 119:1). These laws also apply to meat, cheese, and a cut of fish that does not have a sign as we explained.85Chapter 3, Halachah 21; Chapter 8, Halachah 7.", + "When a person enjoys the hospitality of a homeowner in any place and at any time and that homeowner brings him wine, meat, cheese, or a piece of fish, it is permitted. There is no need to inquire concerning it.86We assume that the host is observant and that he is giving his guest the same food that he eats himself (Radbaz). [This law applies] even if he does not know him at all; all that he knows is that he is Jewish.
If [the host] has an established reputation for non-observance and for not paying attention to these matters, it is forbidden to accept his hospitality. If one transgresses and accepts his hospitality, it is forbidden to eat meat and drink wine [despite] his assurances unless a person who has an established reputation for observance testifies [to their acceptability]." + ], + [ + "How do we define the term touch when we say that a gentile1As the Rambam stated in Chapter 11, Halachah 8, unless otherwise specified, when he uses the term \"gentile,\" he is referring to an idolater. who touches wine causes it to be forbidden? Touching the wine itself whether with his hands2Or with an article held in his hand [Shulchan Aruch (Yoreh De'ah 124:11)]. or with any of his other limbs with which it is customary to pour a libation3As evident from Chapter 11, Halachah 11, according to the Rambam, it is not customary to pour a libation with one's feet. Note, however, the Shulchan Aruch (Yoreh De'ah 124:11) which forbids wine that a gentile touched with his feet. The Rama, however, quotes the Rambam's view. and shook the wine.4If, however, he did not cause the wine to move, it is forbidden to drink it, but one is allowed to benefit from it (Radbaz). In his Kessef Mishneh, however, Rav Yosef Caro notes that although there are authorities who agree with the ruling of the Radbaz, from the Rambam's wording, it appears that the wine is permitted entirely. In his Shulchan Aruch (Yoreh De'ah 124:13), he follows the majority view and rules that it is permitted only to benefit from such wine.
If, however, he extended his hand to a barrel, but his hand was grabbed before he could remove [any wine] or shake it, [there is room for leniency]. If the barrel was opened from below and the wine was allowed to flow out to the extent that it reached below his hand, the wine is not forbidden.5The Rambam is citing an incident that transpired as recorded by Avodah Zarah 59b. It is not forbidden to benefit from the wine. The question of whether or not it is forbidden to drink it depends on the difference of opinion mentioned in the previous note.
Similarly, if he held an open container6With regard to a closed container, see Halachah 4. of wine and shaked it, the wine becomes forbidden even though he did not lift up the container or touch the wine.7The Ra'avad objects to this ruling, maintaining that as long as the gentile does not touch the wine itself, lift the container, or cause the wine to spatter, moving an open utensil does not cause it to be forbidden. The Shulchan Aruch (Yoreh De'ah 124:17) quotes the Rambam's ruling as a minority opinion and the Rama states that it need not be followed if financial loss is involved.", + "If he took an [open]8This addition is made on the basis of the gloss of the Radbaz. container of wine, lifted it up, and poured it out, the wine becomes forbidden,9There is a difference of opinion among the commentaries if only the wine that is poured out is forbidden or also the wine which remains in the container (Kessef Mishneh). The Shulchan Aruch (Yoreh De'ah 125:1) quotes the more stringent view. The Rama mentions the more lenient opinion, but states that it may be followed only in a case of severe loss. even though he did not shake it. For the wine moved as a result of his power. If he lifted the container up, but did not shake it or touch it, it is permitted.10I.e., even to drink the wine. For merely lifting up the wine is of no consequence.", + "When a gentile was holding a container on the ground and a Jew poured wine into it, the wine is permitted.11One may even drink it [Shulchan Aruch (Yoreh De'ah 125:8)]. If the gentile shakes the container, the wine becomes forbidden.", + "It is permitted to have a gentile move a closed [container of wine] from one place to another even though the wine moves. For this is not the manner in which a libation is made.12A libation is made only from an open container (see Avodah Zarah 60a).
When [a gentile] moves a wineskin containing wine from one place to another while [a Jew]13This addition was made on the basis of the gloss of the Radbaz. was holding the opening of the wineskin with his hand, it is permitted.14For this is equivalent to closing it. [This applies] whether the wineskin was entirely full or not and [applies] even though the wine moves.
[When a gentile] transfers15The Rambam's source (Avodah Zarah 60a) and also the Shulchan Aruch (Yoreh De'ah 125:10) emphasize that we are referring to a situation where the Jew is following the gentile. Otherwise, the wine is certainly forbidden. an open earthenware16The Radbaz states that the same laws apply regardless of what the container was made of. Therefore he maintains that the word \"earthenware\" is a printer's error. vessel that is filled with wine, it is prohibited,17Although the Rashba maintains that one may benefit from the wine, most authorities rule that it is prohibited to benefit from it as well as to drink it [Shulchan Aruch (loc. cit.)]. for perhaps he touched it.18Since the container is both open and full, it is highly likely that the gentile touched the wine (Avodah Zarah 60a). If it was only partially full, [the wine] is permitted unless he shook it.19For shaking the wine is equivalent to pouring it as a libation, as stated in Halachah 1.", + "When a gentile touches wine without intending to, it is permitted only to benefit from the wine.20I.e., it is forbidden to drink it, as stated in Chapter 11, Halachah 5.
The Rama (Yoreh De'ah 124:24) states that in the present era, most gentiles are not idolaters. Therefore, if they touch wine unintentionally, the wine is not forbidden at all.
What is implied? He fell on an [open]21This addition was made on the basis of the gloss of the Kessef Mishneh. wineskin or stretched his hand out to a barrel under the impression that it contained oil and it actually contained wine.", + "If wine moves because of a gentile's power although he did not intend to do so, since he did not touch the wine, it is permitted to drink it.22According to Scriptural Law, as long as the gentile does not touch the wine, it is not forbidden. Although our Sages forbade wine which he shook without touching as a safeguard, that applies only when the gentile intentionally touches the container of the wine (see Avodah Zarah 58a). What is implied? If he lifted up a container of wine and poured it into another container while thinking that it was beer or oil, [the wine] is permitted.", + "If a gentile entered a house or a store seeking wine and extended his hand to search for it and touched wine,23Shaking it (Kessef Mishneh). According to the Rambam, this applies even though he did not know for certain that the article he touched was wine. The Ra'avad differs and maintains that the gentile must know that the container contains wine when shaking it. Otherwise, it is not forbidden. The Shulchan Aruch (Yoreh De'ah 124:12) quotes the Rambam's ruling. [the wine] is forbidden. [The rationale is that] he was intending [to touch] wine. This is not considered as touching without intent.", + "When a barrel is split lengthwise and a gentile comes and embraces it so that the halves will not separate24And thus the wine will not spill. it is permitted to benefit from [the wine].25See Shulchan Aruch (Yoreh De'ah 124:22). If, however, it split widthwise and he grabbed the upper half so that it will not fall, it is permitted to drink [the wine]. For the wine is not affected by the gentile's power.", + "When a gentile fell into a cistern of wine and was hoisted up dead,26In this instance, it is permitted to benefit from the wine, because the gentile is considered to have touched it without intending to. See Halachah 5. According to the Rama's view that the gentiles of the present age are not considered as idolaters, there is no prohibition against using such wine at all. This leniency should be accepted if a significant loss is involved (Siftei Cohen 124:55). This concept also applies to the remainder of the instances mentioned in this halachah. measured a cistern containing wine with a reed, swatted away a fly or a hornet from it with a reed,27In these instances, since the gentile did not touch the wine directly, merely by means of another entity, it is not forbidden to benefit from it. patted a boiling bottle of wine so that the boiling would cease28Rashi, Avodah Zarah 60a, states that it is not forbidden to benefit from this wine, because this is not the ordinary way that one makes a libation. Kin'at Eliyahu asks: Since the wine is boiling, the entire prohibition against gentile wine seemingly should not apply, as stated in Chapter 11, Halachah 9? or took a barrel and threw it into the cistern in anger,29In this instance also, the gentile did not touch the wine directly. Hence it is permitted to benefit from it.
The Ra'avad protests to this ruling, stating that if he threw the barrel into the cistern in anger, the wine in the cistern is not forbidden at all. Even if he intentionally threw the barrel into the cistern, it is still permitted to benefit from the wine for the reason mentioned. The Radbaz notes that the wording of Avodah Zarah, loc. cit., appears to support the Ra'avad's perspective, for it states that our Sages hikshiru, \"considered acceptable,\" the wine. He, however, cites a passage from the Jerusalem Talmud (Avodah Zarah 4:11) which appears to fit the Rambam's perspective. The Shulchan Aruch (Yoreh De'ah 124:19) quotes the Rambam's view. Nevertheless, the commentaries note that in Yoreh De'ah 125:5, the Shulchan Aruch, appears to support the Ra'avad's view.
it is merely permitted to benefit from the wine. If, [in the first instance,] the gentile was raised [from the cistern] alive, it is forbidden to benefit from the wine.30For we assume that in his happiness over being saved, he will offer the wine as a libation to his false deity (Avodah Zarah, loc. cit.). The Turei Zahav 124:19 states that if the gentile was alive when taken from the cistern, the wine is forbidden even if he dies immediately afterwards.", + "When there is a hole on the side of a barrel, the stopper slips away from the hole, and a gentile places his finger over the hole so that the wine will not flow out, all of the wine from the top of the barrel until the hole is forbidden.31One may not even benefit from it. Since the wine would have flowed out had the gentile not place his finger there, our Sages considered it as if he touched all of that wine. It is, however, permitted to drink the wine beneath the hole.32Because this wine was not affected by the gentile's touch at all. Although this wine is touching the wine that is forbidden, it is not forbidden. The Ra'avad objects to such a ruling, maintaining that the entire barrel should be considered as mixed together. The Radbaz and the Kessef Mishneh justify the Rambam's ruling, explaining that had the gentile inserted his finger in the hole and touched the wine, the entire barrel would have been forbidden. Here, however, we are speaking about an instance where the gentile stopped the wine from flowing by placing his finger on the outside. Therefore the wine above the hole is forbidden because it was affected by his power, as stated in the following halachah. This is merely a Rabbinic decree. Hence, the wine below the hole is not forbidden at all. The Tur and the Shulchan Aruch (Yoreh De'ah 124:23) follow the Ra'avad's view. See also Hilchot Tum'at Ochalin 8:6.", + "[The following rules apply when] one end of a bent outflow pipe made from metal, glass, or the like is placed in wine and the other end extends out of the barrel. If one sucked on the wine and the wine began flowing out as is always done, and a gentile came and placed his finger at the end of the outflow pipe and prevented the wine from flowing outward, all of the wine in the barrel is forbidden.33This ruling applies when the opening to the outflow pipe is placed at the bottom of the barrel, so that all the wine would actually have flowed out had the gentile allowed it to. If it was not placed at the bottom of the barrel, the laws mentioned in the previous halachah apply (Radbaz; Siftei Cohen 124:69). [The rationale is that] were it not for his hand, everything [in the barrel] would have flowed out. Thus all the wine is affected by his power.", + "When a person pours wine into a receptacle containing gentile wine, all of the wine in the upper container is forbidden.34From the Rambam's wording, it appears that this ruling applies with regard to all gentile wine, even when it was not known to have been used as a libation for a false deity. The Rambam, moreover, appears to forbid benefit from the wine, not only partaking of it. The Ra'avad rules that it is permitted to benefit from the wine, but not to partake of it. The Tur (Yoreh De'ah 126) mentions the opinion of Rabbenu Tam which is more lenient, ruling that this stringency does not apply to ordinary gentile wine. He rules that it is even permitted to partake of the wine. The Shulchan Aruch (Yoreh De'ah 126:1-2) follows the ruling of the Maharam of Rutenburg, who states the Rambam's stringency should be followed only when a small loss is involved. If there is a significant loss involved, we may rely on the perspective of Rabbenu Tam.
See also the Tur who mentions a perspective that maintains that the above stringency applies only to wine used as a libation for a false deity, but not to ordinary gentile wine.
[The rationale is that] the column of wine being poured connects35Compare to Hilchot Tumat Ochalin 7:1,5 where this principle is not applied. It appears that it is applied in this instance because of the stringency of the prohibition against gentile wine. between the wine in the upper container and the wine in the lower container. Therefore when a person is measuring wine for a gentile into a container in the latter's hands, he should interrupt [the column of wine before it reaches the utensil] or throw the wine so that [the column of wine] being poured will not establish a connection and cause the wine remaining in the upper container to become forbidden.", + "When a funnel that was used to measure wine for a gentile has an obstruction that prevents wine [from flowing] the funnel should not be used to measure wine for a Jew36Because the wine held back in the funnel is forbidden because of the connection to the column of wine that extends to the gentile's utensil. until it was washed thoroughly and dried.37Drying refers to the process of applying water and ashes mentioned in Chapter 11, Halachah 20. If he did not wash it thoroughly,38The Kessef Mishneh offers the following interpretation of the Rambam's wording: As long as the funnel was washed thoroughly, even if it was not dried out, it does not cause other wine to become forbidden. He also, however, makes a distinction between a funnel that has been used by a gentile frequently and one that was used just once. In the former instance, he states, it is possible that washing it thoroughly alone is not sufficient. [the Jew's wine] is forbidden.39I.e., it is forbidden to benefit from the entire quantity of wine [Shulchan Aruch (Yoreh De'ah 124:11)]. According to the Rama, one is permitted to benefit from the wine if the loss will be significant (Siftei Cohen 124:23).
The rationale for the prohibition is that the wine in the container will mix with the small quantity of gentile wine in the funnel and become forbidden.
", + "[The following rules apply with regard to] a container possessed by a Jew that has two \"nostrils,\"40I.e., outflow pipes. that emerge from it, like containers that are used to wash hands, and is filled with wine. If a Jew is sucking and drinking from one nostril and a gentile is sucking and drinking from the other nostril, this is permitted,41Since the wine which the Jew is drinking and that which the gentile is drinking are flowing in opposite directions, they are not considered to be connected. provided the Jew begins [drinking] and concludes while the gentile is still drinking. When the gentile stops drinking, all the wine that was in the nostril will return to the container and cause all the wine in it to be forbidden. [The rationale is that] the wine [in the nostril] was moved by [the gentile's] power.42For it was his sucking that drew it into the outflow pipe. When that wine returns to the container and becomes mixed with the wine in the container, all the wine becomes forbidden as indicated by the following halachah.", + "When a gentile sucks wine from a container with an outflow pipe, all the wine in the container becomes forbidden.43Even if the wine never touched his mouth (Kessef Mishneh). For when he ceases [sucking], all of the wine that entered the outflow pipe through his sucking will return to the barrel and cause it to become forbidden.", + "When a gentile is transferring barrels of wine from one place to another together with a Jew and [the Jew] is walking after them to protect them, they are permitted even if he separates from him for a mil.44A Talmudic measure equivalent to approximately a kilometer. The Lechem Mishneh notes that as stated in Hilchot Mitamei Moshav UMerkav 13:5, a mil is not a cut off point. As long as the gentile has reason to fear that the Jew will appear suddenly, the wine is permitted. [The rationale is] that he is afraid of him and will say: \"He will suddenly appear before us and observe us.\"
[More stringent rules apply if the Jew] tells [gentile porters]: \"Proceed and I will follow after you.\"45These words will imply to the porters that he will not be coming immediately. Hence there is reason to fear that they will take from the wine. If they pass beyond his sight to the extent that [they have time] to uncover the opening of the barrel, seal it again, and [allow it] to dry out,46I.e., so that it would not be apparent that they touched it. it is forbidden to drink all of the wine.47Implied is that one is permitted to benefit from it. The rationale is that since the barrel is sealed, we follow the principle stated in Chapter 13, Halachah 9. See also the Rama (Yoreh De'ah 129:1) who rules that if the loss is significant, we may rely on the views that one seal is sufficient. If for a lesser [time], [the wine] is permitted.48I.e., one may even partake of it.", + "Similarly, if a Jew leaves a gentile in his store, even though he departs and enters, [going back and forth] the entire day, the wine is permitted.49One may drink it. For the gentile will be afraid to touch the wine, for he will never feel that the Jew has left him alone with the opportunity to do whatever he wants. If he informs him that he is departing for a significant period, should he wait long enough [to enable the gentile] to open the barrel, seal it again, and [allow it] to dry out, it is forbidden to drink the wine.50As in the previous halachah, since the gentile knows that the Jew is departing for a significant period, we fear that he will use the opportunity to take the wine.
Similarly, if a person left his wine in a wagon or a ship51See the Rambam's Commentary to the Mishnah (Avodah Zarah 5:4) which explains why it is necessary to mention all three instances: the store, the wagon, and the ship. with a gentile and enters a city to tend to his needs, the wine is permitted.52The Tur and the Shulchan Aruch (Yoreh De'ah 129:1) state that this applies only when the Jew went on a side path that would enable him to surprise the gentile. If, however, he follows the ordinary path, the wine is forbidden. For the gentile will watch to see whether he is coming. If he informs him that he is departing for a significant period, should he wait long enough [to enable the gentile] to open the barrel, seal it again, and [allow it] to dry out, it is forbidden to drink the wine.
All of the above rulings apply with regard to closed barrels. If they are open,53And thus: a) the wine is easily accessible, and b) the barrel does not have to be sealed close to hide the fact that one took from the wine. even if he did not wait, since he told him that he was departing for a significant period, the wine is forbidden.54It would appear that according to the Rambam, it is even forbidden to benefit from the wine (Kessef Mishneh).", + "When a Jew was eating together with a gentile, left wine open on the table and on the counter, and departed, the wine on the table is forbidden, while that on the counter is permitted.55We assume that he will touch the wine on the table, because it is open before him. But we don't think that he will take the risk of appearing as a thief by touching the wine on the counter. For it is not proper for a guest to take food left on the counter until the host has it brought to the table [the Rambam's Commentary to the Mishnah (Avodah Zarah 5:5)].
The Shulchan Aruch (Yoreh De'ah 129:7) rules slightly more stringently, stating that any wine which is in the gentile's reach is forbidden.
If [the Jew] told him: \"Mix [the wine] and drink,\" all the open wine in the house is forbidden.56Since the Jew gave him license, we have no reason to think that he will restrain himself. Here, too, the Shulchan Aruch (loc. cit.) rules more stringently, stating that if the Jew remains outside for a prolonged period (as mentioned in the previous halachah), even the closed barrels are forbidden.", + "When [a Jew] was drinking together with a gentile and he heard the sound of prayer in the synagogue and departed, even the open wine is permitted. For the gentile will say: \"Soon he will remember the wine, come hurriedly and see me touching his wine.\" Therefore [we do not suspect that] the gentile will move from his place. Hence only the wine that is before him57I.e., the wine on the table, as in the previous halachah (Kessef Mishneh). becomes forbidden.58As above, when quoting this law, the Shulchan Aruch (Yoreh De'ah 129:7) mentions the possibility of the Jew coming from a side path and surprising the gentile. If this is not possible, that source does not accept this leniency.", + "[The following rules apply when] a gentile and a Jew are living together in one courtyard59Avodah Zarah 70a (the Rambam's source) and the Shulchan Aruch (Yoreh De'ah 129:9) state that this leniency applies when the Jew and the gentile live in a two-storey home, with the Jew living in the upper storey. The Rambam does not appear to think that is necessary (Kessef Mishneh). and they both left in agitation60The Kessef Mishneh states that the Rambam chose his words carefully. This leniency is granted because they left in agitation. Hence, it was probable that they would not notice each other outside. If, however, they left with calm reserve, it is possible that the gentile would have looked to see that the Jew was not returning and then entered his home and touched his wine.
The Rama (Yoreh De'ah 129:9) quotes this understanding as halachah. The Turei Zahav 129:19, however, differs, explaining that even when a person leaves his home in an agitated state, he will not necessarily return in an agitated state.
to see a bridegroom or a funeral. If the gentile returns and closes the entrance and the Jew comes later, the open wine in the Jew's home remains permitted. [We assume that] the gentile closed [the entrance] with the assumption that the Jew had already entered his home and no one remained outside; [i.e.,] he thought that the Jew came before him.", + "[The following rules apply when] wine belonging to both a Jew and a gentile [is being stored] in one building and [the Jew's] barrels were open. If the gentile entered the building and locked the door behind him,61If, however, we do not know that the door was locked - even though it was closed and it has a lock - the wine is permitted (Turei Zahav 128:5). all the wine is forbidden.62If, however, the Jew's barrels were closed, the wine in the closed barrels is permitted unless the gentile remained in the closed building alone for the time it would take to open a barrel, seal it closed again, and for its lid to dry, as stated in Halachah 16 [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 128:3)]. If there is a window in the door that enables a person standing behind the door to see in front of him, all of the barrels that are opposite the window are permitted. Those on the sides are forbidden. [The leniency is granted,] because the gentile will fear from those who can see him.", + "Similarly, if a lion roared or the like and the gentile fled and hid among the open barrels, the wine is permitted. For he will say, \"Perhaps another Jew also hid here and will see me if I touch [the wine].\"", + "[The following laws apply with regard to] a wine cellar whose barrels were open, a gentile also stored wine in that inn,63I.e., in an inn, there were several wine cellars, one in which a Jew stored wine and one in which a gentile stored wine (Kessef Mishneh). and the gentile was discovered standing among the open barrels belonging to the Jew. If he was frightened when discovered and it would be considered as if he was a thief,64I.e., if he was brought before the judges of a city on the complaint that he touched the wine, the judges would consider him a thief [Rashi (Avodah Zarah 61b)]. The Kessef Mishneh states that it is possible that the Rambam interprets the term differently, understanding it as meaning \"if he would think he would be considered a thief.\" According to this interpretation, it could refer not only to the gentile's touching the wine, but also entering the wine cellar.
To explain: Since the gentile also stores wine in that inn, he has permission to be in the inn, but he does not necessarily have permission to be in the Jew's wine cellar. This is precisely the question the Rambam is focusing on. Would the gentile be considered as a thief for being found in the Jew's wine cellar or not?
it is permitted to drink the wine. For because of his fear and dread, he will not have the opportunity to pour a libation. If he would not be considered as a thief, but instead, he feels secure there, the wine is forbidden.65Since he feels unthreatened, there is a high likelihood that he touched the Jews' wine.
When a [gentile] young child is discovered among the barrels, regardless of whether he would be considered like a thief or not, all of the wine is permitted.66For a young child never pours wine as a libation. In Chapter 11, Halachah 5, the Rambam states that it is forbidden to drink wine touched by a gentile young child. Here, he permits the wine entirely, because we are not certain that the young child in fact touched the wine. The Radbaz explains the rationale for the Rambam's ruling.: Since the young child does not think of using the wine as a libation, there is no reason for it to trouble itself and touch it.", + "When a battalion [of soldiers] enter a country with an approach of peace, all of the open barrels [of wine] in the stores are forbidden.67The Rambam's wording appears to imply that the open barrels in the homes are permitted. The soldiers would take the liberty of entering stores and making themselves free with their contents. They would not, however, feel that confident to enter homes. The Radbaz objects to this interpretation, noting that we see that soldiers often enter homes to loot. Indeed, when mentioning this law, the Shulchan Aruch (Yoreh De'ah 129:12) speaks of homes and not stores.
Compare also to Hilchot Issurei Bi'ah 18:26 which discusses a similar situation with regard to the question whether the women of the town have been raped.
The closed ones, by contrast, are permitted.68We can be certain that had the soldiers open the wine for use as a libation, they would not have taken the trouble of closing them again [Kessef Mishneh, Shulchan Aruch (loc. cit.)]. At a time of war, however, if a battalion spread through a city and moved on, both are permitted,69The Kessef Mishneh states that if a barrel was closed and it is discovered open, it is forbidden. For we see that the soldiers did have time to touch the wine. because they do not have time to make libations.", + "[The following laws apply when] a gentile is discovered standing next to a cistern of wine [belonging to a Jew]. If [the Jew] owes him a debt for which this wine serves is collateral, [the wine] is forbidden.70The Kessef Mishneh explains the Rambam's ruling as follows: If the wine is security for a debt owed the gentile, the gentile will certainly not be considered a thief for touching the wine. Therefore it is forbidden. If the wine is not considered as security for a loan, when the gentile would be considered as a thief, the wine is permitted. When he would not be considered as a thief, it is forbidden. Since he feels privileged, he will extend his hand and make a libation. If it is not collateral for a debt, it is permitted to drink the wine.71This applies even if the Jew owes him money, and the loan is due, but he has not designated the wine as security for the debt [Rashi (Avodah Zarah 60a); Shulchan Aruch (Yoreh De'ah 128:2)].", + "When a gentile harlot is present at a Jewish feast, the wine is permitted. For she is in dread of them and will not touch [the wine].72Although the Jews are willing to give in to their lust for forbidden relations, they are not suspect to drink gentile wine (Avodah Zarah 69b). Even the gentile harlot realizes this. When, however, a Jewish harlot is present at a gentile feast, her wine73I.e., wine that she herself brought. that is before her in her utensils is forbidden, for [the gentiles] will touch it without her consent.74Since they are employing her as a harlot, they look down upon her and show no consideration for her religious obligations.", + "[The following laws apply when] a gentile is discovered in a winepress:75I.e., a winepress that does not contain any wine, except for some remnants on the floor. If there is enough moisture from wine that when one places his hand in it, [the hand] will become moist to the extent that if it touches his other hand, that hand will become moist,76This is the meaning of the Hebrew phrase tofach al minat litfiach. it is necessary to wash out the winepress thoroughly and dry it out.77Applying water and ashes, as stated in Chapter 11, Halachah 20. If this amount is not present, all that is necessary is to wash it out thoroughly. This is an extra measure of stringency.78We are not certain that the gentile try to touch the wine. Even if he did try to touch the wine, there is no reason for a prohibition, for we are speaking of a dry winepress. Hence washing it out is certainly sufficient (Radbaz).", + "[The following rules apply with regard to] a barrel floating in the river. If it was found near a city populated primarily by Jews, we are permitted to benefit from it.79The Shulchan Aruch (Yoreh De'ah 129:17) quotes this law as applying only in situations when there are obstructions in the river that prevent wine from being carried down the river from other places. In such a situation, we follow the principle of rov, i.e., since the majority of the city's inhabitants are Jewish, we assume that the barrel came from one of them. We are, nevertheless, forbidden to drink the wine. See the notes to the following halachah. Near a city populated primarily by gentiles, it is forbidden.", + "In a place where most of the wine merchants are Jewish, if one discovers large containers that are generally used only by wine merchants to store wine and which are filled with wine, it is permitted to benefit from [the wine].80In his Kessef Mishneh, Rav Yosef Caro questions the Rambam's ruling. The Rambam's logic appears to be that since it is obvious that the wine came from a wine merchant and most of the wine merchants are Jewish, we follow the majority and rule that the wine is permitted. Nevertheless, since the majority of the inhabitants of the town are gentile, we forbid drinking the wine. The Kessef Mishneh asks: \"If we fear that the gentile touched the wine, it should be forbidden to benefit from it as well. And if not, it should be permitted to drink it.\" Indeed, he proposes that perhaps the Rambam's intent is that it is permitted to benefit only from the barrels. In his Shulchan Aruch (Yoreh De'ah 129:19), he follows the Rambam's ruling. Based on his Beis Yosef, it is possible to explain that we are speaking about closed barrels. We assume that had a gentile opened them and touched the wine, he would not have closed them again. Alternatively, since we do not know for certain that the gentile touched the wine, we do not forbid benefiting from it.
When a barrel has been opened by thieves, if most of the local thieves are Jewish, it is permitted to drink the wine. If not, it is forbidden." + ], + [ + "[The following rules apply when a Jew] purchases or rents a building in a courtyard belonging to a gentile and fills it with wine. If the Jew lives in that courtyard, the wine is permitted even if the entrance is open. [The rationale is that] the gentile will always worry, saying: \"He may suddenly enter his building and find me there.\" If the Jew lives in another courtyard,1And thus it is less likely for him to come at frequent intervals. he should not depart until he closes the building and keeps the key and the seal2Implied is that the entrance is closed with two seals, as required by Halachah 8. The Rama (Yoreh De'ah 130:2) writes that since in the present age, most gentiles are not idolaters, only one seal is necessary. The Siftei Cohen 130:11) states that this principle should be applied in the present instance. in his possession. He need not fear that the gentile will make a copy of the key to the building.", + "When [the Jew] left [the building] without closing the entrance or closed it and gave the key to the gentile, it is forbidden to drink the wine. Perhaps the gentile entered and poured a libation, for the Jew is not present there.3Nevertheless, since we do not know for certain that the gentile touched the wine, we do not forbid benefiting from it (Radbaz).
If [the Jew] told [the gentile]: \"Hold the key for me until I come,\" the wine is permitted. He did not entrust him with guarding the house, only with guarding the key.4Since the gentile was not given permission to enter the house, he would be considered as a thief if he did so. Hence, we assume that he did not enter the home to pour a libation.
The Ra'avad states that the Rambam's words apply only when the house belongs to the Jew. When, however, the house belongs to the gentile, the wine is forbidden, even if he did not entrust him with the key. The rationale is that since the gentile has a connection to the house, he will have an excuse to enter it. Hence we fear that he entered it and touched the Jew's wine. The Radbaz defends the Rambam's ruling explaining that since the house is rented the owner does not have the right to enter it at will. The Shulchan Aruch (Yoreh De'ah 129:5) quotes the Rambam's ruling.
", + "[The following laws apply when] a gentile hires a Jew to prepare wine for him in a state of ritual purity5We have translated the Rambam's words literally. The intent, however, appears to be not ritual purity per se, but \"without contact with gentiles.\" so that it will be permitted to the Jews and they will purchase it from him. The wine is [stored] in a building belonging to the gentile. If the Jew who is guarding the wine lives in that courtyard, the wine is permitted. [This applies] even if the entrance is open and the [Jewish] guard goes out and returns.6I.e., he is not present at all times. Nevertheless, it is possible that he will return at any given moment. Hence, the gentile will not take liberties. See Halachah 4.
If the guard lives in another courtyard,7Since he does not live on the premises, he is not considered as a permanent watchman. Hence, the fact that he enters from time to time during the day is not significant (Lechem Mishneh). The Ra'avad differs and maintains that as long as the Jew enters and leaves at will, that is sufficient to inhibit the gentile from touching the wine. [Significantly, in his Commentary to the Mishnah (Avodah Zarah 4:11), the Rambam adopts a position similar to that of the Ra'avad.]
The Tur and the Shulchan Aruch (Yoreh De'ah 131:1 adopt an intermediate position, stating that if there is another Jew living in that city and the entrance to the building where the wine is stored is visible from the public domain, the wine is permitted. For the owner will be afraid to break the lock to the door lest he be seen and the matter become known. (This approach is also mentioned in the Rambam's Commentary to the Mishnah (loc. cit).
the wine is forbidden even though the key and the seal are in the possession of a Jew. [The rationale is that] since the wine belongs to the gentile and is found in his domain, he does not fear falsifying [the seal and/or key] and to enter the building. He will say: \"What could be? If they find out about this, they will not purchase [the wine] from me.\"8There is, however, nothing preventing him from selling it to other gentiles.", + "Even if a gentile wrote [a legal document] for the Jew stating that he received the money for which he agreed to sell him the wine,9I.e., he wrote the bill of sale in advance, before the Jew actually paid to clarify that his intent was to sell it to him.
The Siftei Cohen 131:1 writes that these stringencies apply only if the Jew did not pay the gentile anything at all. Once the Jew pays the gentile something, the wine is considered his and more lenient rules apply. It is questionable, however, if the Rambam would accept this leniency, for as stated in Chapter 12, Halachah 25, he rules that as long as wine is security for a debt, a gentile creditor will feel free to do with it as he desires.
since the Jew cannot remove the wine from the gentile's domain until he pays him the money, the wine belongs to the gentile and it is forbidden unless the guard lives in the courtyard.
The guard does not have to sit and guard [the wine] at all times. Instead, he may come in and go out, as explained. [This applies whether the wine is stored] in the domain belonging to the owner of the wine or in a domain belonging to another gentile.", + "When the pure wine belonging to a gentile was placed in the public domain or in a building that is open to the public domain and there are Jews going back and forth, it is permitted.10Since Jews can see whether or not the gentile touches it, he is afraid to do so, lest his investment be ruined. See the Rambam's Commentary to the Mishnah (Avodah Zarah 4:11). For it has not entered the gentile's domain.", + "[When wine is located] in a garbage dump, a window, or under a palm tree even if it does not have fruit, it is as [if it is located in] the public domain.11Because these places are also in public view and/or acces. When a gentile is located near wine located in such a place, it is not forbidden. A house which is open to such a place is considered as if it as open to the public domain.", + "[The following rule applies when] there is a courtyard divided by low barriers,12Our translation follows Rashi's commentary to Avodah Zarah 70a. The Shulchan Aruch (Yoreh De'ah 129:16) defines the term as meaning pillars. on one side there is a gentile and on the other, a Jew, there are two roofs, with the Jew's roof located above the gentile's roof, or [the two roofs are located] side by side, but there are dividers separating them. Even though the gentile can reach the Jew's portion, he need not worry about [the gentile pouring] his wine as a libation13Since the gentile would be considered as a thief for overstepping these boundaries, we do not fear that he would do so. or [disqualifying] articles that are ritually pure.14Were a gentile to touch them, they would be disqualified.", + "It is permitted for a Jew to entrust his wine to a gentile for safekeeping in a closed container, provided it has two distinguishing marks. This is referred to as \"a seal within a seal.\"15The rationale is that we assume that a gentile will not trouble himself to reseal the container with two seals as the Jew had sealed it. Hence the fact that he found it with the two seals he left, it is a sign that it has not been tampered with.
What is implied? [A Jew] closed a barrel with a utensil that is not tightly fitting as most people do and then sealed it with clay, it is considered as one seal. If the container is tightly fitting and he applied clay to it from above, it is considered as \"a seal within a seal.\"
Similarly, if one tied the opening to a wineskin close, it is considered as one seal. If he turned the opening to the wineskin inside and then tied it close, it is considered as \"a seal within a seal.\" Similarly, any deviation from the ordinary pattern people follow is considered as one seal and applying clay or tying it is a second seal.16To apply these concepts in contemporary terms: When a bottle of wine is closed with a cork or a bottle-cap, that is one seal. If there is a paper or plastic wrapper around the cork or the cap, that is the second seal.", + "If [a Jew] entrusted [wine that was closed] with one seal to a gentile for safekeeping, it is forbidden to drink it, but it is permitted to benefit from it provided he designates a [specific] corner for it.17Based on Avodah Zarah 31a, some interpret this as speaking about an instance where the corner the gentile grants the Jew is closed off with a seal. The Rama (Yoreh De'ah 130:2) writes that there are opinions which rule that after the fact, one seal is sufficient in this situation.
The Lechem Mishneh explains that even if the place is not closed off, since it is designated for the Jew, one seal is sufficient. See Turei Zahav 130:4).
", + "Two seals are not necessary when one deposits boiled wine, beer, wine which is mixed with other substances, e.g., honey or oil,18For in none of these instances do we fear that the gentile will use the beverage for a libation, as stated in Chapter 11, Halachot 9-10. – and similarly, vinegar, cheese, and any substance that is forbidden only according to Rabbinic Law – with a gentile. Instead, one seal is sufficient.19In these instances, we fear that the gentile will exchange another substance, for the substance deposited. One seal is sufficient to dispel these suspicions (Lechem Mishneh). Nevertheless, two seals are necessary for wine, meat, and pieces of fish that do not have signs and which were entrusted to a gentile.20Since the prohibition involved in these instances is Scriptural in origin, we are more stringent.", + "It appears to me that anywhere in this context that we have stated that our wine is forbidden to be drunk, but it is permitted to benefit from it because of the possibility that a gentile touched it, we are speaking about an instance where the gentile is an idolater. If, however, the prohibition has arisen because of a gentile who is not an idolater, e.g., an Arab,21See Chapter 11, Halachah 7. That halachah states that when a gentile who is not an idolater touches wine, it is only forbidden to drink it. In this instance, since the gentile did not intend to touch the wine, we are more lenient and do not forbid it at all (Radbaz).
As mentioned previously, the Rama (Yoreh De'ah 124:24) rules that in the present era, none of the gentiles are considered as idolaters and the leniency suggested by the Rambam applies universally. On that basis, he and the subsequent Ashkenazic authorities have suggested several leniencies.
who touched our wine unintentionally or tapped the top of a barrel,22See Chapter 12, Halachot 5 and 9. [the wine] is permitted to be drunken. Similar laws apply in all analogous situations.", + "When, however, one deposits wine in the domain of a resident alien23A gentile who has made a formal commitment to accept the Seven Universal Laws Commanded to Noah and His Descendants. These include the prohibition against worshipping false divinities. sends wine with him and departs for an extended period, or leaves one's home open in a courtyard that [one shares with] a resident alien, it is forbidden to drink the wine. For it appears to me that the suspicions that a gentile will exchange [wine] and forge [a seal] apply equally to all gentiles. Since the wine enters their domain,24I.e., a place where it can be exchanged without a Jew noticing. it is forbidden at least to drink it.25For we fear that he exchanged it with his own wine and it is forbidden to drink such wine. Although a resident alien also accepted the prohibition against theft, we fear that he - and certainly, other gentiles - will not abide by his commitment (Radbaz).", + "There are situations where the prohibition against wine poured as a libation does not apply at all, yet our Sages forbade them as a safeguard against libation. They are: a gentile should not mix water into wine in a Jew's possession lest he come to pour wine into water. A gentile should not bring grapes to the winepress lest he come to press them or touch the wine. He should not help a Jew when he pours wine from one container to another lest he leave the wine in the possession of the gentile and the wine [will flow] because of [the gentile's] power. If the gentile assists [the Jew], mixes water [into wine] or brings grapes, [the wine] is permitted.26For these are merely safeguards. Although Rashi (Avodah Zarah 58b) and other Rishonim rule more stringently, the Shulchan Aruch (Yoreh De'ah 125:3,6,7) accepts the Rambam's position.", + "Similarly, it is permitted for a gentile to smell the fragrance of our wine27Doing so does not arouse a suspicion that perhaps he used it as a libation for his false deity. Smelling is not considered as tasting or drinking. and it is permitted for a Jew to smell the fragrance of a barrel of wine that had been used as a libation.28It is not included in the prohibition mentioned at the beginning of Ch. 11. There is no prohibition against this, because fragrance is of no consequence since it has no substance.29See the conclusion of Ch. 5 of Hilchot Meilah, where the Rambam delivers a slightly contradictory ruling.", + "We already explained,30Chapter 8, Halachah 16. See also Hilchot Avodat Kochavimn 7:9 and Hilchot Ishut 5:2. that whenever it is forbidden to benefit from a substance, if one transgresses and sells it, it is permitted [to make use of] the money with the exception of false deities, their accessories, offerings made to them, and wine poured as a libation to it. Our Sages were stringent with regard to ordinary gentile wine [and ruled that] money given for it is forbidden like money given for wined poured as a libation to a false deity.
Accordingly, when a gentile hires a Jew to work with him with wine, his wages are forbidden.31For he is deriving benefit from gentile wine.", + "Similarly, when a person rents a donkey or a boat to transport wine, the payment for them is forbidden.32Even though the Jew himself does nothing to help transport the gentile wine. If he gave him money, he should bring them to the Dead Sea.33I.e., throw in a place where neither he nor anyone else will benefit from them. If he gave him clothes, utensils, or produce as payment, he should burn it and bury the dust so that he34Nor others. does not benefit from it.", + "If a gentile rented a donkey to ride and placed containers of wine on it, the rental fee for the donkey is permitted.35For the rental fee was not primarily paid for the sake of the wine (Shulchan Aruch (Yoreh De'ah 133:3). The Radbaz emphasizes that this leniency applies when the donkey was rented primarily for human transport and, by the way, the gentile placed wine upon it. If, however, he rented it primarily to transport packages - and later the owner discovered that wine was included among them - the rental fee is forbidden even if the person also rides on the donkey. If [a gentile] hires a Jew to break barrels of wine used as a libation, his fee is permitted. May he be blessed because he eliminated obscenity.", + "When a person hires a worker and tells him: \"Transport 100 barrels of beer for me for 100 p'rutot,\" and it is discovered that one of them is [gentile] wine, his entire wage is forbidden.36He is being paid for the entire work as a collective entity. Were he not to have transported all the barrels, he would not be paid at all (Rashi, Avodah Zarah 65a). Accordingly, the payment for transporting the beer was never distinct from that of the wine. Hence his entire wage is forbidden.
The Ra'avad differs and maintains that it is sufficient to destroy the wage paid for the forbidden barrels. The Shulchan Aruch (Yoreh De'ah 133:3) follows the Rambam's stringency.
", + "If he told him: \"Transport barrels for me at a p'rutah each,\" and he transported them and barrels of wine were discovered among them, the wage for the barrels of wine is forbidden. The remainder of the wage is permitted.37Since the wage was paid for each barrel individually, the wage paid for the barrels of beer is a separate and distinct entity. Hence it is not forbidden. Nevertheless, at the outset, it is forbidden to accept such a job [Shulchan Aruch (loc. cit.)].", + "When a gentile sends Jewish craftsmen a barrel of wine as part of their wages, it is permitted for them to tell him: \"Give us its worth.\"38For the craftsman have not accepted the wine and the employer owes them money. Once it enters their domain, it is forbidden.39For then it is as if they are exchanging the wine for wine.
The Rama (Yoreh De'ah 132:3) writes that in the present age, (when gentiles are not actually idolaters,) a worker may return the barrel of wine even though it has entered his domain.
", + "When a gentile owed a Jew a maneh,40One hundred silver zuzim. it is permitted for the gentile to sell a false deity and wine that had been poured as a libation and bring him the money. If, before he sells them, he tells [the Jew]: \"Wait until I sell the false deity or libation wine that I own and [then] I will bring you [the money],\" if he sells it and brings [the money] to him, [the money] is forbidden. [This applies] even with regard to ordinary gentile wine. [The rationale is that] the Jew desires that [the false deity or the wine] to continue to exist so that he will be able to pay him his debt.41Hence he has benefited from existence of the gentile wine. Hence, it is forbidden.
The Rama (Yoreh De'ah 132:7) states that, even if the Jew desires that the false deity continue to exist, leniency can be granted in an instance where the gentile has other resources to pay the debt or alternatively, when the debt is secured by a guarantor. Moreover, if all that is concerned is ordinary gentile wine, in the present age, there is no prohibition for the reason stated above.
", + "Similarly, when a convert and a gentile were partners and they came to divide the resources [of the partnership], the convert may not tell the gentile: \"You take the false deity and I will take the money. You take the wine and I will take the produce.\" [The rationale is that] he desires that [the forbidden entities] continue to exist so that he will be able to receive something in exchange for them.42Here leniency is not granted, because the convert has a share in the entities belonging to the partnership. Thus he is exchanging money for a false deity.
When, by contrast, a convert and a gentile inherit the estate of their father who was a gentile, [the convert] may tell [the gentile]: \"You take the false deity and I will take the money. You take the wine and I will take the oil.\" This is a leniency granted with regard to an estate inherited by a convert so that he will not return to his deviant ways.43I.e., our Sages feared that the convert will be so disturbed about being unable to receive his inheritance, that he will forsake Jewish practice and return to his previous mode of conduct. This is undesirable, because once a person converts, he is a full-fledged Jew. If he conducts himself undesirably, his conduct affects the entire Jewish people. If [the forbidden entities] entered the domain of the convert, it is forbidden.44For they have already entered the domain of the convert and are, therefore, forbidden. Hence it is forbidden to exchange them for others, for then one will be deriving benefit.", + "[The following rules apply when] a Jew sells his wine to a gentile. If he established a price before he measured out [the wine], the money is permitted. [The rationale is that] from the time a price was established, [the gentile] definitely agreed [to the purchase] and when he pulled [the wine] into his domain, he acquired it.45I.e., he acquires the wine through the kinyan of meshichah [see Maggid Mishneh, Hilchot Zechiyah UMatanah 1:14; Turei Zahav 132:4) and the money is considered as a loan which he owes the Jew.
The Radbaz questions why the Rambam mentions meshichah, drawing the wine into his own domain. Seemingly, once a price was established and the wine was poured, the gentile acquires it whether or not he performs meshichah immediately. Conversely, if meshichah finalizes the transaction, seemingly as long as a price was set before meshichah, the wine should be permitted
The Kessef Mishneh explains that the Rambam is speaking according to the common practice. It was customary to establish a price either before measuring the wine or after meshichah.
And it does not become [comparable to] wine offered as a libation until he touches it. Therefore at the time of sale, it was permitted.
If he measured it out for him before he established a price, the money is forbidden. [The rationale is that the gentile] did not definitely agree [to the purchase], even though he pulled [the wine] into his domain.46For he fears that the Jew will ask an exorbitant price (Radbaz). Hence he always keeps the option of negating the sale. Thus at the time he touched [the wine], he had not definitely agreed to the purchase. Hence the wine becomes forbidden because of his touch and it is as if [the Jew] is selling gentile wine.", + "When does the above apply? When the Jew measured [the wine] into his own containers. If, however, he measured it into the gentile's containers or to a container belonging to a Jew in the gentile's possession, he must take the money,47For the payment of the money formalizes the transfer of the wine (effecting a kinyan), Thus the gentile has paid for the wine before it entered his domain and became forbidden. before measuring out [the wine]. If he measured out [the wine,] but did not take the money, the money is forbidden even though he established a price. As soon as [the wine] enters [the gentile's] container, it is forbidden as ordinary gentile wine.48There are several explanations for this ruling. The gentile left some of his wine in the container and thus as the Jew was pouring the new wine in, it became forbidden. Alternatively, the gentile was holding the container and moved it (see Chapter 12, Halachah 3). This is sufficient to cause the wine to become forbidden (Radbaz).
The Ra'avad objects to the Rambam's ruling, stating that (as the Rambam himself rules in Chapter 16, Halachah 29) if kosher wine becomes mixed with non-kosher wine, it is forbidden to drink it, but one may benefit from it. Nevertheless, he does not provide a rebuttal to the second explanation given above.
The Kessef Mishneh explains that since the wine in the container the gentile is holding becomes forbidden, the wine the Jew is pouring also becomes forbidden, as stated above in Chapter 12, Halachah 12.
", + "When [a Jewish employer] gives a dinar to a gentile storekeeper and tells his gentile employee: \"Go, drink, and eat [on my account] from the storekeeper and I will settle the accounts with him,\" he must show concern lest [the employee] will drink wine.49Since he gave the storekeeper the money in advance, it is as if he paid the storekeeper for what his worker would eat. Thus it is as if the worker is drinking the employer's wine. Thus it will be as if he purchased wine used as a libation and gave it to him.
A similar arrangement with regard to the Sabbatical year50The Rambam's source (Avodah Zarah 58b) mentions both produce from the Sabbatical year and untithed produce, because it is possible that a common person is lax in his observance of both these mitzvot. Apparently, the Rambam also had this intent because he begins by mentioning produce of the Sabbatical year and concludes by mentioning untithed produce. is also forbidden; i.e., one gives a dinar to a Jewish storekeeper who is a common person and tells his Jewish employee: \"Go, drink, and eat [on my account] from the storekeeper and I will settle the accounts with him.\" If the worker eats food that was not tithed, it is forbidden.51I.e., it is forbidden for the employer to do this, because it would be considered as if he personally gave his employee produce from the Sabbatical year or untithed produce.", + "If, however, he told them: \"Eat and drink the worth of this dinar,\" or \"Eat and drink from the storekeeper on my account and I will pay him,\" this is permitted. Although the Jew becomes liable, his liability is not specifically related [to the foods from which the employees partake].52I.e., he undertakes a financial obligation to the storekeeper, but since he does not pay him the money beforehand, that obligation is not explicitly associated with the food or drink of which the worker partakes. [Therefore,] he need not be concerned, not about wine used as a libation, not about produce of the Sabbatical year, nor about untithed produce.53The Shulchan Aruch (Orach Chayim 450:6) mentions opinions that are more stringent with regard to an employer taking financial responsibility for the food a gentile will eat on Pesach. The Turei Zahav 460:4 explains that with regard to Pesach, there is a greater reason for stringency, for it is almost certain that the gentile will eat chametz. In the situations mentioned in our halachah, by contrast, it is possible that none of the prohibitions will be violated, for the gentile will not want wine, nor the Jewish workers, the untithed or Sabbatical produce.", + "[The following rules apply when] a [gentile] king distributes his wine among the people and takes money for it, as he desires.54A gentile king produced wine from the royal vineyard as a means of financing his nation's expenses. He would obligate each of the person's in his kingdom to buy a standard amount of wine. For a Jew, that represents a problem for the wine is gentile wine. Not only is it forbidden to drink it, it is forbidden to benefit from it. Thus not only may a Jew not partake of such wine, nor may he take it and sell it. He is forbidden even to purchase it from the king.
This represents the Rambam's interpretation of Avodah Zarah 71a. It is quoted by the Rashba and other Rishonim. Rashi, the Ra'avad, and others, however, have different interpretations of the passage. The Shulchan Aruch (Yoreh De'ah 132:6) quotes the Rambam's interpretation.
A [Jew] may not tell a gentile: \"Take 200 zuz and go into the king's storehouse in place of me,\" so that the gentile will take the wine designated for the Jew and give the money to the king.55The Radbaz explains that in this way, the gentile is purchasing the wine from the Jew. Others explain that the gentile is acting as the Jew's agent. He may, however, tell him: \"Here is 200 zuz for you. Save me from [going to] the storehouse.\"56For in this way, the gentile is not acting as the Jew's agent.", + "When a gentile touches57This law applies when the gentile intentionally touches the wine. If the gentile touches it unintentionally, he is not liable. The rationale is that this is damage which is not outwardly noticeable (i.e., although the ritual status of the wine has changed, outwardly it is the same). In such an instance, Hilchot Chovel UMazik 7:3 states, one is not liable for causing damage inadvertently.
The Kessef Mishneh states that even if the gentile intentionally touched the wine, but did not know that by touching it, he caused it to be forbidden, the gentile is not liable and this leniency does not apply. The Siftei Cohen 132:2, however, interprets this wording as implying that even if the gentile caused it to become forbidden inadvertently, the Jew may sell it to him.
See also Hilchot Chovel UMazik 7:4 and commentaries, where a similar concept is discussed.
a Jew's wine against [the Jew's] will,58For if the Jew could have stopped the gentile from touching the wine and didn't, he is responsible for the loss (Radbaz). it is permitted to sell that wine to that gentile alone.59The Rama (Yoreh De'ah 124:2) rules that in the present age, when it is not customary for gentiles to use wine as libations, the wine may be sold to any gentile. [The rationale is] since that gentile wished to cause a Jew a loss [by] having his wine forbidden, it is as if he destroyed it or burnt it, in which instance, he would be obligated to pay. Thus the money [the Jew] takes from him is money for the loss and not money for a sale.60Avodah Zarah 59b states that in such a situation, he may charge the gentile the full price of the wine." + ], + [ + "The minimum measure for which one is liable for partaking of any of the forbidden foods in the Torah is [the size of] an average olive.1The measure of \"the size of an olive\" cannot be determined by measuring an average olive today. Instead, this refers to a measure established by our Sages and is the subject of debate by later Rabbinic authorities. The Pri Chadash (Orach Chayim 486) states that the Rambam considers an olive as one-third the size of an egg with its shell (17.3 grams according to Shiurei Torah 3:13, 24 grams according to Chazon Ish). Tosafot, Chullin 103a, differs and defines an olive as one-half the size of a shelled egg (25.6 grams according to Shiurei Torah 3:12, 36 grams according to Chazon Ish). In practice, with regard to questions of Scriptural Law, the more stringent opinion should be followed. With regard to questions of Rabbinic Law, one may rely on the more lenient view. [This applies] whether for lashes, kerait, 2Literally, the soul's being cut off. This involves premature death in this world (before the age of 50, Mo'ed Kattan 28a) and the soul not meriting a portion in the world to come (Hilchot Teshuvah 8:1). or death at the hand of heaven.3Premature death before the age of 60 (Mo'ed Kattan, loc. cit.). We already explained4See Hilchot Issurei Bi'ah 1:7. that anyone who is liable for kerait or death at the hand of heaven for [partaking of] forbidden food, should receive lashes.", + "This measure, as all the other measurements, is a halachah conveyed by Moses from Sinai. It is forbidden by Scriptural Law to eat even the slightest amount of a forbidden substance. Nevertheless, one receives lashes only for an olive-sized portion. If one partakes of any amount less than this measure, he is given stripes for rebellious conduct.5The punishment given for the violation of Rabbinic commandments or Scriptural Laws for which there is no specific punishment outlined.", + "The measure of \"the size of an olive\" that we mentioned does not include what is between one's teeth.6Shiurei Torah suggests including slightly more than 3 grams in the measure of an olive-sized portion to compensate for this factor. What is between one's gums,7Even though it was not swallowed. however, is included in what one swallows, for his palate benefited from an olive-sized portion of food.
Even if one ate half of an olive-sized portion, vomited it, and then ate the same portion that was half the size of an olive that he vomited, he is liable.8This refers to a situation in which the person ate the vomited food a second time shortly after he ate it the first time. To explain: For a person to be liable, he must eat not only a specific amount (an olive-sized portion), but he must eat it in a specific time: k'dai achilas p'ras, as explained in Halachah 8. For the liability is for the benefit one's palate receives from a forbidden substance.", + "When an olive-sized portion of forbidden fat, a nevelah, piggul,9A sacrifice which the priest thought to have its blood or limbs offered on the altar after the time when they should be offered or have its meat eaten after the time it should be eaten (Hilchot Pesulei HaMukdashim 13:1). notar,10Sacrificial meat that remained after the time when it is required to be eaten (op cit. 13:3). or the like was left in the sun and was reduced in volume, one who eats it is not liable.11As Menachot 54b states, the size of a portion of food at the time one partakes of it determines whether he is liable or not.
If, afterwards, one left it in the rain and it expanded, one is liable for either kerait or lashes.12For, at the outset, it was the size of an olive. If, originally, it was smaller than an olive-sized portion and then expanded to the size of an olive, it is forbidden to partake of it, but one is not liable for lashes for it.13For its natural size is not an olive.", + "We already explained14Chapter 4, Halachot 16 and 17. that all of the forbidden substances in the Torah are not combined with each other to reach the minimum measure of the size of an olive with the exception of the meat of a nevelah and the meat of a trefe15For a trefe is the beginning of a nevelah, as stated there. and the prohibitions involving a nazirite,16For they are all grape products, as stated in Hilchot Nazirut 5:3. as explained in the appropriate places. The five types of grain,17Wheat, barley, rye, oats, and spelt. Since they are all grain, they are combined to reach the minimum measure. their flour, and the dough made from them all can be combined with each other to reach the minimum measure of the size of an olive with regard to the prohibition against leaven on Pesach, the prohibition against partaking of chadash before the offering of the omer,18See Chapter 10 for a definition of this prohibition. and the prohibitions involving the second tithe and the terumot.", + "It appears to me that all [produce] from which we are required to separate terumah and tithes can be combined to reach the minimum measure of the size of an olive with regard to [the prohibition against] tevel because a single prohibition is involved. To what can the matter be compared? To [meat from] the corpse of an ox, the corpse of a sheep, and the corpse of a deer which can be combined to reach the minimum measure of the size of an olive as we explained.19Chapter 4, Halachah 7.
The Ra'avad qualifies the Rambam's statement, maintaining that it applies only when the types of produce consumed have a similar taste. The Radbaz, however, justifies the Rambam's view.
", + "When a person partakes of a large amount of food from a forbidden substance, he is not liable for lashes or kerait for every olive-sized portion he eats. Instead, he is liable once for all he ate.20In his Commentary to the Mishnah (Nazir 6:4), the Rambam states that this leniency applies only with regard to an earthly court. God, however, holds the person liable for each forbidden measure he eats. If, however, the witness gave him a warning for every olive-sized portion, he is liable for every warning even though he ate it in one sitting, without interruption.21For the warnings create a distinction between the food eaten before and afterwards.", + "[The following rules apply when] a person partakes of a barley-corn or mustard-seed-sized portion of any forbidden food, waits, and then partakes of another mustard-seed-sized portion whether inadvertently or intentionally. If he waited from the beginning to the end the time it takes to eat a portion of bread with relish the size of three eggs22Our translation is based on Hilchot Tumat Tzara'at 16:6. [or less], everything [he ate] is combined.23This is one of the fundamental concepts with regard to the mitzvot and prohibitions concerning eating. Just as there is a minimum amount, a k'zayit (an olive-sized portion), which one must eat for the mitzvah or prohibition to be fulfilled; so, too, there is a minimum measure of time, k'dei achilat p'ras, in which that amount of food must be eaten. If one takes a longer time to eat the prohibited food, his eating is not significant, like one who eats less than the minimum amount.
Rashi (Pesachim 44a ) offers a different view and maintains that this measure is defined as the time it takes to eat four eggs. Shiurei Torah mentions several different opinions from between four minutes until nine minutes for this figure.
He is liable for kerait, lashes, or a sacrifice as if he ate an olive-sized portion at one time. If he waits a longer time from the beginning to the end, [the small portions] are not combined. Since he completed the olive-sized portion only in a longer time than k'dei achilat p'ras, he is not liable even if he did not wait at all, but continued eating mustard-seed-sized portion after mustard-seed-sized portion.", + "Similar [laws apply when] a person who drinks a revi'it24The standard liquid measure that applies with regard to the Torah's mitzvot and prohibitions. of ordinary gentile wine little by little, swallows liquefied leaven on Pesach or fat little by little, or drinks blood25The commentaries have noted that in Chapter 6, Halachah 1, the Rambam mentioned that the minimum measure for which one is liable for partaking of blood is an olive-sized portion and question why in this context, a revi'it is mentioned. It is possible to explain that here the subjects are slightly different, for we are not speaking about the minimum amount for which one is liable, but rather the minimum time period. The commentaries, however, do not see this as a significant enough point. little by little. If he waits from the beginning until the end the time it takes to drink a revi'it, [all of the sipping] is combined.26For if one prolongs his drinking over a longer period, his deed is not considered significant. If not, it is not combined.27The Radbaz and the Kessef Mishneh note that other authorities do not accept the concept of \"the time it takes to drink a revi'it\" and even with regard to prohibitions that involve drinking, speak of k'dei achilat p'ras. Indeed, the Rambam himself mentions that measure with regard to drinking within the context of the laws of ritual purity (Hilchot Sha'ar Avot HaTumah.
The Radbaz explains the Rambam's ruling here, stating that with regard to the prohibitions against eating, what is important is that one feel significant satisfaction. If he prolongs his drinking longer than that, he will not feel satisfaction from it. See also the gloss of the Maggid Mishneh to Hilchot Shivitat Esor 2:4 which discusses this issue.
", + "One is not liable for partaking of any of the prohibited foods unless one partakes of them in a manner in which one derives satisfaction with the exception of a mixture of meat and milk and mixed species grown in a vineyard. [The rationale is that with regard to these prohibitions, the Torah] does not use the term \"eating,\"28When, however, the Torah uses the term \"eating,\" that implies that one derives satisfaction in the ordinary manner one derives benefit from food (see the gloss of the Maggid Mishneh to Chapter 8, Halachah 16). Only then is one liable. Needless to say, it is forbidden by Rabbinic Law to partake of a forbidden substance even if one does not derive benefit. but instead conveys the prohibition against partaking of them in other terms. [With regard to meat and milk, it uses] the term \"cooking\" and [with regard to mixed species grown in a vineyard, it uses the term] \"become hallowed.\"29As explained in Chapter 10, Halachah 6, \"becom[ing] hallowed\" means being \"set apart and forbidden.\" [This implies] that they are forbidden even when one does not derive satisfaction.", + "What is implied? When one liquefied fat and swallowed it when it was so hot that his throat was burned from it, he eat raw fat,30Which does not have a pleasant taste. mixed bitter substances like gall or wormwood into wine31This concept also applies with regard to wine used as a libation, for, Deuteronomy 32:38, the prooftext from which this prohibition is derived, also mentions \"eating\" [Minchat Chinuch (mitzvah 111)]. or into a pot [where meat from] a nevelah [is cooking] and he partook of it while they were bitter,32I.e., even if the unappetizing element of the food is not dependent on them, but on a foreign substance. or he ate a forbidden food after it became decayed, spoiled, and unfit for human consumption, he is not liable.33This refers to the concept referred to as notein taam lifgam, giving an unfavorable taste. Our Rabbis extend this concept further, explaining that any pot which has not been used for non-kosher food for a day no longer causes the pot to be forbidden according to Scriptural Law, because the forbidden food has already lost its flavor [Shulchan Aruch (Yoreh De'ah 103:5)]. See also Chapter 15, Halachot 28-31. If, by contrast, he mixed a bitter substance into a a pot [where meat and milk are cooking] or into wine from a vineyard where mixed species are growing and partook of it, he is liable.", + "When a person partakes of one of the forbidden food in a frivolous manner or as one who is acting purposelessly, he is liable. Even though he did not intend to actually partake of the food, since he derived pleasure, it is considered as if he intended to actually partake of the food.34Generally, a person who violates a transgression without intent is not liable (Shabbat 22a). Here, however, an exception is made, because the person is deriving physical benefit. When, [by contrast,] a person is forced to derive [forbidden] pleasure, if he focuses his intent on it, he is liable. If he does not, it is permitted.35Even though he derived pleasure, since he did not act voluntarily and did not desire the forbidden pleasure, he is not held liable.", + "When a person partakes of a forbidden food because of desire or because of hunger, he is liable.36Although either his desire or hunger causes him pain, he is not considered as if he was compelled to partake of the forbidden food. If he was wandering in the desert and he has nothing to eat but a forbidden substance, it is permitted, because of the danger to his life.37As stated in Hilchot Yesodei Torah 5:6, all prohibitions are superceded by danger to life with the exception of idolatry, murder, and forbidden sexual relations.", + "When a pregnant woman smells a forbidden food [and is overcome by desire for it],38A pregnant woman may have severe cravings for food with an attractive aroma. Our Sages feared that if she were not given some of the food she desired, she might miscarry and perhaps even her own life would be endangered. See Yoma 82b. e.g., consecrated meat or ham, she should be given some of the gravy. If her mind becomes settled, that is commendable. If not, we feed her less than the forbidden measure39I.e., less than an olive-sized portion as stated in Halachah 1. Since one is not liable unless one partakes of an olive-sized portion within k'dei achilat pras (see Halachah 8), if we do not fear the situation is overly dangerous, the woman can be fed this minimal amount in intervals. See Hilchot Sh'vitat Asor 2:9, Shulchan Aruch (Orach Chayim 617:2). [of the meat itself]. If her mind does not become settled, we feed her until her mind becomes settled.", + "Similarly, when a sick person smells food that contains vinegar or the like, [i.e.,] substances that arouse a soul's [desire], he is governed by the same laws that apply to a pregnant woman.40Since he is sick, his condition is precarious and we are concerned that his craving may place his life in danger. See Ketubot 61a.", + "When a person is overcome by severe hunger,41This refers to a state of infirmity that overcomes a person because of lack of nourishment. He becomes dizzy, faint, and unable to focus his eyes. he may be fed forbidden food immediately until his eyesight clears. We do not seek permitted food. Instead, we hurry to feed him what is available.42Out of fear that the delay may be crucial to his life. Similarly, we do not try first giving him the gravy and then smaller portions as in the previous halachot (Kessef Mishneh). Needless to say, if kosher food is available, there is no reason to give him non-kosher food.
We feed him substances bound by more lenient prohibitions first. If his sight clears, that is sufficient. If not, we feed him the substances bound by the more severe prohibitions.", + "What is implied? If there is tevel43Produce from which terumah and the tithes have not been separated. and a nevelah, we feed him the nevelah first. {The rationale is] that [partaking of] tevel is punishable by death [at the hand of heaven].44This applies when the terumot have not been separated from the produce. If the terumot have been separated, but the tithes have not been separated, the prohibition is of the same degree of severity as partaking of a nevelah. See Chapter 10, Halachot 19-20. If [the choice is between] a nevelah and produce that grows on its own during the Sabbatical year, we feed him the produce, for it is forbidden [only] by Rabbinic decree, as will be explained in Hilchot Shemitah.45Hilchot Shemitah ViYovel 4:2.
If [the choice is between] tevel and produce grown during the Sabbatical year,46I.e., produce grown in the Sabbatical year that remains after the time when it is supposed to be disposed of (Rashi, Yoma 83a). we feed him the produce grown during the Sabbatical year.47For the prohibition against eating produce cultivated in the Sabbatical year stems from a positive commandment. This is considered as more lenient than a prohibition stemming from a negative commandment, because there is no punishment involved. If [the choice is between] tevel and terumah, if it is impossible to make the tevel acceptable,48Some interpret this as referring to a situation where there is no one who knows how to separate the terumot present. Rashi (loc. cit.) interprets this as referring to a situation where the sick person must eat the entire amount of produce available. It is preferable not to separate the terumot. For even though he will be eating less of a forbidden substance, the prohibition will be more severe because terumah is sanctified. we feed him the tevel. [The rationale is] that it is not sanctified as terumah is. Similar laws apply in all analogous situations.", + "We have already explained49Hilchot Issurei Bi'ah 17:8-9. that one prohibition does not take effect when another prohibition is in effect unless both of the prohibitions take effect at the same time,50Chapter 5, Halachah 5, gives an example of this concept. When a person rips a limb from a living animal which causes the animal to become trefe, he is considered to have transgressed two prohibitions: the prohibition against eating flesh from a living animal and the prohibition against partaking of an animal that is trefe, for both prohibitions take effect at the same time. the latter prohibition forbids additional entities,51This concept is exemplified in this and the following halachah. See also Chapter 7, Halachah 2, and Hilchot Issurei Bi'ah 17:9-10. or the [latter] prohibition encompasses other entities.52This concept is exemplified in Chapter 8, Halachah 6: A person who partakes of a gid hanesheh, a sciatic nerve, of an animal which is trefe is liable for two transgressions. Since when the animal became trefe, its entire body became encompassed in the prohibition, that prohibition also encompasses the gid even though it was prohibited beforehand.
Accordingly, [it is possible] for there to be a person who eats one olive-sized portion of forbidden food and yet, he will be liable for five [sets of] lashes for it, provided he was warned for all five prohibitions that accumulated.
What is implied? For example, on Yom Kippur, a person who was ritually impure ate an olive-sized portion of forbidden fat from a consecrated animal that remained after its prescribed time.53Every sacrifice of which we are allowed to partake has a certain time span - a day and a night or two days and a night - in which we are allowed to partake of it. After that time span, it becomes forbidden because of the prohibition referred to as notar (Hilchot Pesulei HaMukdashim 18:10. He is liable for lashes because he partook of forbidden fat, notar, because he ate on Yom Kippur,54The Rambam also states this concept in Hilchot Shegagot 6:4. There he emphasizes that to be liable for eating on Yom Kippur, one must add another small portion of food. For one is not liable for eating on Yom Kippur unless he consumes a date-sized portion. That additional portion, however, need not involve all these different prohibitions. because he partook of consecrated food while ritually impure, and because he derived benefit from consecrated food, thus [violating the prohibition of] me'ilah.", + "Why do these prohibitions fall on each other? Because although it was forbidden to partake of the fat of this animal, it was permitted to benefit from it. Once he consecrated it, it became forbidden to benefit from the fat. Since the prohibition to benefit from it was added to it, the prohibition against [benefiting from] consecrated articles became added to it.
Although this fat was forbidden to an ordinary person, it was still permitted to be offered to the One on High. When it became notar, since it became forbidden to the One on High, [that] prohibition was added to an ordinary person.
This person was permitted to partake of the meat of the animal,55Before it became notar. although he was forbidden to partake of its fat. When he became impure, since its meat became forbidden an additional prohibition was added to its fat. When Yom Kippur commenced, all food became included [in the prohibition], since this prohibition affects non-consecrated food, it adds a prohibition to this fat. Similar laws apply in all analogous situations." + ], + [ + "When a forbidden substance becomes mixed with a permitted substance of another type, [it causes it to become forbidden] if its flavor can be detected. When [a forbidden substance becomes mixed with a permitted substance of] the same type and it is impossible to detect [the forbidden substance] by its flavor,1Because it tastes the same as the permitted substance. its presence becomes nullified if there is a majority [of the permitted substance].2According to Scriptural Law. As stated in Halachot 4-5, the Rabbis enforced more stringent requirements.", + "What is implied? When the fat of the kidneys3Which is forbidden (Chapter 7, Halachah 5). falls into beans and becomes dissolved, the beans should be tasted.4By a gentile (see the notes to Halachah 30 and Chapter 9, Halachah 8) for a discussion of why the gentile's word is accepted. If the taste of fat cannot be detected, they are permitted. If [not only] the taste, [but also] the substance of the fat is present, they are forbidden according to Scriptural Law. If the flavor could be detected, but there is no substance, they are forbidden by Rabbinic Law.5See Tosafot (Chullin 98b) which mentions a difference of opinion among the Rabbis if the principle \"the flavor of an entity is equivalent to its substance\" is of Rabbinic or Scriptural origin.", + "What is meant by its substance? For example, there was enough forbidden fat for there to be an olive-sized portion [of fat] in each portion the size of three eggs from the mixture. If a person eats a portion of beans the size of three eggs, he is liable for lashes for they contain an olive-sized portion of forbidden fat, for [not only] the flavor, [but also] the substance of [the forbidden fat] is present.6The Rambam shares the perspective of Tosafot (Avodah Zarah 67b) who maintains that if there is more than an olive-sized portion of fat in a portion of food k'dei achilat p'ras (the size of three eggs), its substance is considered as present even though it is dissolved and not discernable. Rashi differs and maintains that as long as the fat is dissolved, it is considered as if the substance of the forbidden entity is not present. If one eats less than a portion the size of three eggs [of the mixture], one is liable for stripes for rebellious conduct as prescribed by Rabbinic Law.
Similarly, if there was less than an olive-sized portion of [forbidden] fat in every portion the size of three eggs, even if the flavor of fat is detectable and he eats the entire pot, he is not liable for lashes7Even though he may eat an olive-sized portion of forbidden fat, he will not have eaten it in the required time (the time it takes to eat three eggs, as stated in Chapter 14, Halachah 8) for one to be held liable. The concentration of the forbidden fat is too small for that to happen. [as prescribed by Scriptural Law], only stripes for rebellious conduct.", + "[The following laws apply when] the fat of the kidneys8Which is forbidden (Chapter 7, Halachah 5). falls into the fat from the fat tail9Which is permitted. and the entire [mixture] becomes dissolved.10Since both are fat, the mixture is considered as being of the same substance. If there is twice as much fat from the fat tail as fat of the kidneys, the entire mixture is permitted according to Scriptural Law.11For according to Scriptural Law, as long as the majority is kosher, the mixture may be eaten. Indeed, there is no need for there to be twice as much kosher fat as non-kosher fat. A simple majority is sufficient. Even when a piece of [meat from] a nevelah becomes mixed with two pieces of [meat from] a ritually slaughter animal, everything is permitted according to Scriptural Law.12With regard to the mixture of fat, there is greater reason for leniency, for there is no longer any non-kosher fat that exists as an independent entity, it is all mixed together with the kosher fat. In this instance, the meat from the nevelah exists as an independent entity, it is just that we have no way of detecting which of the pieces it is (Radbaz). Nevertheless, according to Rabbinic Law, everything13In all instances when forbidden substances are mixed with kosher substances. See Shulchan Aruch (Yoreh De'ah 109:1) which rules leniently and allows one to rely on Scriptural Law in certain situations. See the notes to Halachah 20. is forbidden until the forbidden substance will be nullified because of the tiny proportion [of the entire mixture it represents] to the extent that it is not significant and it is as if it does not exist, as will be explained.14In the following halachot.", + "Into what quantity [of a permitted substance] must a forbidden substance be mixed for it to be considered nullified because of its tiny proportion? [Each forbidden substance according to] the measure the Sages specified for it. There are substances that are nullified in a mixture 60 times its size, others in a mixture 100 times its size, and still others in a mixture 200 times its size.", + "Thus we learn from this that [the following laws apply] with regard to all of the prohibited substances in the Torah, whether those punishable by lashes or punishable by kerait or substances from which it is forbidden to benefit that become mixed with permitted substances. If the substances are of different types, [the mixture is forbidden] if the flavor is detectable.
If the substances are of the same type and thus it is impossible to detect the flavor [of the forbidden substance], we measure [whether there was] 60, 100, or 200 [times the amount of permitted substances]. The only exceptions are wine poured as a libation to a false deity, because of the severity [of the prohibition against] worship of a false deity15In his Commentary to the Mishnah (Avodah Zarah 5:8), the Rambam cites Deuteronomy 13:18: \"No trace of the condemned should cling to your hand\" as evidence that even the slightest amount is forbidden. See Chapter 16, Halachah 28, for a leniency that is granted with regard to this restriction. and tevel, because it can be corrected.16The terumot and the tithes can be separated from it, causing it to be permitted. See Halachah 10.
In his Commentary to the Mishnah (ibid.), the Rambam cites the rationale given by Avodah Zarah 73b: Just as one kernel of grain can serve as terumah and correct the entire crop; so, too, one kernel of grain from which terumah was not separated can cause an entire crop to be forbidden. The rationale given by the Rambam here has its source in the Jerusalem Talmud (Shivi'it 6:3).
For that reason, even the slightest mixture of them with a substance of their type is forbidden. If they become mixed with substances of a different type, the matter is dependent on whether their flavor is detectable.", + "What is implied? When several barrels of wine fell over a drop of wine that was poured as a libation, the entire mixture is forbidden, as will be explained.17Chapter 16, Halachah 28. Similarly, if a cup of wine which is tevel becomes nixed into a barrel [of wine], the entire [barrel] is considered tevel until the amount of terumah and tithes that are appropriate to be separated18I.e., the terumah and tithes that would have been required to have been separated from the tevel originally. In this context, the fact that it became mixed with other wine is not significant. are separated as will be explained in the appropriate place.19Hilchot Terumah, Chapter 13.", + "[Related concepts apply with regard to] produce of the Sabbatical year.20The Rambam feels it necessary to mention this point, because his source, Avodah Zarah 73b mentions the produce of the Sabbatical year together with the two prohibited substances mentioned above. The Rambam clarifies that the comparison is not entirely correct, because the produce of the Sabbatical year is not forbidden. If [such produce] becomes mixed with [produce of] the same type, the tiniest amount [causes the mixture to be considered bound by the laws of the produce of the Sabbatical year].21The Ra'avad mentions that this concept applies only until the time it is required to destroy the produce of the Sabbatical year. After that time, that produce is forbidden to be eaten and hence, is considered like other forbidden substances. [If it becomes mixed with produce of] another type, [the ruling depends on whether] its flavor can be detected. [Nevertheless,] it is not considered as one of the substances forbidden by Scriptural Law. For this mixture is not forbidden. Instead, one is obligated to eat the entire mixture in keeping with the holiness of the produce of the Sabbatical year, as will be explained in the appropriate place.22Hilchot Shemitrah ViYovel, chs. 4-7.", + "Although chametz on Pesach is forbidden by Scriptural Law, it is not governed by these general principles,23I.e., although even the tiniest amount of chametz causes an entire mixture to be forbidden, chametz was not mentioned by Avodah Zarah 73b together with wine poured as a libation and tevel. The reason is that the prohibition of the mixture of chametz is motivated by a different rationale (Kessef Mishneh). for this mixture is not forbidden forever. For after Pesach, the entire mixture will be permitted, as we explained.24See Hilchot Chametz UMatzah 1:5 which states that a mixture of chametz and another substance is permitted after the Pesach holiday. Therefore the slightest amount [of chametz] causes [a mixture] to become forbidden,25As explained in the following halachah and notes. See also Halachah 12. whether [it becomes mixed] with a substance of its own type or of another type.", + "The same law26The Radbaz states that the comparison is to tevel and not to chametz on Pesach. For like tevel, if it becomes mixed with a different substance, it is permitted if its flavor cannot be detected. There are special stringencies applied with regard to chametz, as stated in Halachah 12 (Radbaz). applies when new grain becomes mixed with old grain before [the offering of] the omer. Even the tiniest amount causes [the entire mixture] to become forbidden. For there is a factor that will cause the substance to become permitted. For after [the offering of] the omer, the entire mixture is permitted.27See Chapter 10, Halachah 2.
Similarly, whenever there is a factor that will cause the substance to become permitted, e.g., consecrated entities,28For they can be redeemed (Radbaz). the second tithe,29For they can be eaten in Jerusalem or their holiness can be transferred to money (Radbaz). or the like,30E.g., Bikkurim; see the Rambam's Commentary to the Mishnah (Bkkurim 2:2). our Sages did not mention a measure [in which it could be nullified]. Instead, even if one [of the forbidden substance] becomes mixed with several thousand31Our Sages (Beitzah 3b) state it is not nullified when mixed with 1000 times the amount of kosher substances. The Rambam's wording clarifies that 1000 is not an upper limit. No matter how many times more of the permitted substance there is, the mixture is forbidden. [times that amount of a permitted substance], it is not nullified. [The rationale is that] there is a way that the prohibition can be released.32Hence, this option should be taken rather than relying on the nullification of the forbidden substance. [This principle applies] even when the prohibition stems from Rabbinic decree, e.g., an article set aside or born on a festival.33As explained in Hilchot Sh'vitat Yom Tov 1:19 that when a person sets an object aside before the holiday with the intent that he will not use it on the holiday, he may not change his mind and use it on the holiday. This prohibition is referred to as muktzeh.
Halachah 1:20 states that an egg laid on a holiday following the Sabbath was prepared on the Sabbath, as it were. Therefore it may not be used on the holiday. This prohibition is referred to as nolad. Both of these prohibitions are of Rabbinic origin. Halachah 1:21 states that if such an egg becomes mixed with other eggs, they are all forbidden.
", + "With regard to orlah, mixed species grown in a vineyard, fat, blood, and the like, our Sages fixed a measure [that would enable mixtures to be nullified]. Similarly, our Sages fixed a measure with regard to terumot, for there is no way it can be permitted for all people.34I.e., a mixture of terumah could be eaten in a permitted manner by a priest. Nevertheless, since there is no way it could be permitted to an ordinary person, our Sages were not stringent (Kessef Mishneh).
Both the Kessef Mishneh and the Radbaz ask: It is possible to have to have terumah permitted by making a statement of regret concerning its separation before a wise man. If so, seemingly, it should be considered as an object that could be eaten in a permitted manner. The Radbaz explains that a wise man who can nullify the separation of terumah may not always be found. The Kessef Mishneh states that since this is not the common practice, a substance may not be considered as an object that could be eaten in a permitted manner for this reason.
", + "It appears to me35This term indicates a conclusion deduced by the Rambam without an explicit prior Rabbinic source. There are others, including Rav Yitzchak Alfasi and Rav Moshe HaCohen, who differ and maintain that since the mixture could be eaten in a permitted manner, the above stringencies apply. The Ra'avad, however, states that this concept is explicitly stated in the Mishnah. He does not, however, mention which mishnah. The Radbaz and the Kessef Mishneh offer different hypotheses as to the Ra'avad's intent and why the Rambam did not accept it. that even there is a factor that will cause a substance to become permitted, if that substance becomes mixed with a substance of a different type and its flavor is not detectable, it is permitted. The fact that there is a factor that will cause the substance to become permitted does not [cause the prohibition to be] more severe than tevel. [For tevel] can be corrected,36By separating the appropriate terumot and tithes. and yet when it [becomes mixed with a substance] of a different type, [it is permitted if] its flavor cannot be detected, as explained.37Halachah 6. One should not raise a question with regard to chametz on Pesach [where such leniency is not granted. A distinction can be made.] For with regard to chametz, the Torah [Exodus 12:20] states: \"Do not eat any leavened substance.\" For this reason, [our Sages] were stringent with regard to it, as we explained.38Halachah 9.", + "These are the measures which the Sages established: Terumah, terumat ma'aser39The terumah which the Levites offer from the tithes they are given. challah, and bikkurim become nullified [when the mixture is] 101 times the [original] amount. [In addition,] one must separate [a portion and give it to a priest].40Although the prohibition is negated, we are still concerned with the fact that property due the priest is not given to him, as stated in Halachah 15. [All of these sacred foods] are combined one with the other.41I.e., as stated in the conclusion of the halachah, if two of these substances fall into the same accumulation of permitted substances, it is necessary to have 100 times their combined size. Similarly, a slice of the showbread becomes nullified when mixed with slices of ordinary bread [if] the mixture is 101 times the original amount.42The Kessef Mishneh notes that the Rambam's ruling here appears to contradict his ruling in Hilchot Pesulei HaMukdashim 6:24 where he states that the showbread is not nullified. He explains that in Hilchot Pesulei HaMukdashim, the Rambam is speaking about pieces of the showbread that are ritually pure. Hence the entire mixture should be eaten by the priests. (Note the Radbaz who questions how the priests could eat the mixture.) Here, by contrast, we are speaking about pieces of the showbread that are impure. If the showbread was a significant part of the mixture, the entire mixture would have to be burnt. Since it is not significant, we considered its existence negated.
What is implied? When a se'ah of flour from one of the above43Terumah, terumat ma'aser challah, or bikkurim.- or one se'ah from all of them [combined] - falls into 100 se'ah of ordinary [flour] and [the flour] became mixed together,44If, however, the sacred substances are distinct, they must be separated from the ordinary substances. one should separate one se'ah from the mixture for the se'ah that fell in originally. The remainder is permitted to all people.45It does not have to eaten with attention to the laws of terumah. If it fell into less than 100 se'ah, the entire mixture is meduma.46This term refers to a mixture of terumah or other sacred substances with ordinary substances. The mixture must be sold to priests (at the price of terumah) with the exception of the original sacred amount (Hilchot Terumah 13:2).", + "Orlah and mixed species grown in a vineyard become nullified [when the mixture is] 201 times the [original] amount. The [two prohibitions] are combined one with the other,47Although they are separate and unrelated prohibitions, since it is forbidden to benefit from both of them and we derive the laws pertaining to one from the laws pertaining to the other, we rule that they may be combined (Orlah 2:1). and it is not necessary to separate any thing.48As explained in the following halachah, in this instance, one is not causing the priests a loss.
What is implied? When a revi'it of wine which is orlah or which [came from grapes] grown together with mixed species in a vineyard - or one revi'it was combined from both prohibited substances - falls into 200 revi'iot of wine, the entire mixture is permitted. It is not necessary to separate anything. If it falls into less than 200, it is forbidden to benefit from the entire [mixture].49The Ra'avad questions the Rambam's ruling, objecting to the decision that it is forbidden to benefit from the mixture. (He maintains that although partaking of the mixture is forbidden, one should be able to sell it to a gentile with the exception of the value of the forbidden substance. For, he maintains, it is never forbidden to benefit from a mixture that is not inherently forbidden.) The Radbaz justifies the Rambam's view.", + "Why is it necessary to separate [a measure of] terumah and not a measure of orlah or mixed species from a vineyard? Because terumah is the property of the priests. Accordingly, any terumah which the priests are not concerned with, e.g., terumah from [low-grade] figs,50Our translation is based on the Rambam's Commentary to the Mishnah (Terumot 11:4). carobs, and Edomite barley, need not be separated.51For the priests will not be concerned about its loss.", + "Why was the measure doubled for orlah and mixed species grown in a vineyard? Because it is forbidden to benefit from them.52Therefore they were treated more stringently. The Radbaz emphasizes that they are compared to terumah and not to other forbidden substances for the root kodesh is used with regard to them.
Why did [the Sages] choose the figure of 100 for terumot? For terumat ma'aser is one hundredth of the entire crop,53For it is one tenth of a tenth. and yet it causes the entire crop to be \"sanctified,\"54I.e., \"forbidden.\" as [Numbers 18:29] states: \"its sacred part.\"55As the Rambam continues to explain, the Jerusalem Talmud (Orlah 2:1) offers a non-literal interpretation of this phrase, understanding it as meaning \"the one who sanctifies it.\" Our Sages said: \"An entity which must be separated from it sanctifies it if it returns to it.", + "The measure for all of the other prohibitions of the Torah,56With this wording, the Rambam also eliminates those prohibitions of Rabbinic origin, which have a smaller measure as stated in the following halachah. e.g., the meat of crawling animals, teeming animals, fat, blood, and the like is sixty times [the original amount].
What is implied? When an olive-sized portion of the fat of the kidneys falls into sixty times the size of an olive of the fat from the fat tail, the entire mixture is permitted. If it falls into less than sixty [that amount], the entire mixture is forbidden. Similarly, if a portion of forbidden fat the size of a barley-corn, [the mixture] must contain permitted substances the size of sixty barley-corns.57Although there is not enough of the forbidden substance for a person to be liable for lashes according to Scriptural Law, unless there is 60 times the amount of forbidden fat, the mixture is forbidden according to Scriptural Law (see Chulin 98a). Similar [laws apply] with regard to other prohibitions.
Similarly, if the fat of the gid hanesheh falls into a pot of meat,58The prohibitions are considered of the same type, because the taste of the fat is not distinct from that of the meat (Rabbenu Yitzchak Alfasi to Chulin 98a). we require sixty times its amount. The fat of the gid itself is included in this sum.59As is the law with regard to Rabbinic prohibitions as stated in the following halachah. Although the fat of the gid is prohibited [only] by Rabbinic Law, as we explained,60Chapter 8, Halachah 1. since the gid hanesheh is considered a creation in its own right,61As our Sages ruled [Chulin 100a; Chapter 16, Halachah 6; quoted by Shulchan Aruch (Yoreh De'ah 100:1)], a forbidden being which is a creation in its own right is never forbidden. Therefore they ruled more stringently. In this instance, the gid hanesheh itself will be removed. Hence the full stringency of our Sages' ruling is not applied, nevertheless, in recognition of the serious of the prohibition involved, this stringency is applied. [our Sages] ruled stringently concerning it as if it was forbidden by Scriptural Law. The gid itself is not measured and it does not cause other substances to be forbidden, because the gid does not impart flavor.62See Chapter 8, Halachah 6.", + "When, by contrast, an udder is cooked with meat, we require sixty times its amount and the udder is considered as part of the sum.63Thus instead of requiring 61 times the forbidden substance (60 plus the substance itself) all that is required is 60 (59 and the substance itself). [The rationale is that] since [the prohibition against] the udder is Rabbinic in origin, [our Sages] were lenient in establishing a measure.64See Chapter 9, Halachot 12-13. As explained in the notes there, the Ra'avad and the Rashba offer a different rationale for this ruling, explaining that since the meat of the udder is acceptable, we include it in the reckoning of 60. Thus in contrast to other instances where 60 times the amount of the forbidden substance is required, here, we require only 59. According to his view, we cannot extrapolate from this ruling to other Rabbinic prohibitions.", + "[The following laws apply when] an egg in which a chick is found65Such an egg is forbidden to be eaten (see Chapter 3, Halachah 8). is cooked together with eggs that are permitted. If there are 61 and it,66I.e., a total of 62. they are permitted. If, however, there are only sixty [permitted eggs], the entire mixture is forbidden. [The rationale is that the chick] is a creation in its own right,67As stated in the notes to the previous halachah, in this instance, the forbidden substance itself will be removed. Hence the full stringency of our Sages' ruling concerning an entity that is a creation in its own right is not applied. Nevertheless, in recognition of the serious of the prohibition involved, this stringency is applied. See the notes to the following halachah where a rationale cited by other authorities is mentioned. [our Sages] made a distinction and added to its [required] measure.", + "If, however, the egg of an non-kosher fowl was cooked together with the eggs of kosher fowl, it does not cause them to become forbidden.68Here we are talking about eggs that are cooked in their shells. When an egg contains a chick, the chick will impart its flavor to the entire pot. When, by contrast, eggs are cooked in their shells, they do not impart flavor (Chulin 97b). The non-kosher egg must be removed from the mixture. This, however, can sometimes be done, because the appearance of non-kosher eggs may differ from that of kosher eggs (Chapter 3, Halachah 18).
The Rama (Yoreh De'ah 86:6) differs and states that if a substantial loss will not be caused, we should be stringent and follow the same ruling with regard to all eggs. If, however, there will be a substantial loss, even he counsels to rely on the more lenient views.

If [the eggs were opened and] mixed together or the egg of a non-kosher fowl or the egg of a fowl that is trefe become mixed with other eggs,69For, at times, non-kosher eggs are not distinguishable from kosher eggs (ibid.). the required measure is 60.70I.e., the mixture is judged as an ordinary instance in which kosher food becomes mixed with non-kosher food. According to the Rambam, the non-kosher egg is not a creation that is forbidden in its own right.
The Shulchan Aruch (Yoreh De'ah 86:5) differs and rules that we require 61 kosher eggs in this instance as well. The Ramban explains that the reason is that not all eggs are the same size and by adding an extra egg, we make certain that we have the necessary amount. (He uses this rationale to explain the law stated in the previous halachah as well.) The Siftei Cohen 86:15 offers a different rationale, stating that an egg itself is considered a creation in its own right.
The Kessef Mishneh notes that there are some who would rule that 60 eggs are not necessary, for there are opinions [see Shulchan Aruch (Yoreh De'ah 109:1)] that when kosher and non-kosher entities are intermingled in a dry mixture, we rely on Scriptural Law and require only a simple majority of the kosher substances. As obvious from this ruling, the Rambam does not accept this leniency.
", + "What is the source because of which the Sages relied on the measure of 60? For the portion given [to the priest] from the ram brought by a Nazirite,71When a Nazirite completes the days of his Nazirite vow, he brings several sacrifices. Among them is a ram brought as a peace offering. The foreleg from this offering is given to the priest and may not be eaten by an ordinary Israelite (Chulin 98a; Hilchot Nazirut 8:1-4).i.e., the foreleg, is one sixtieth of the remainder of the ram. It is cooked together with it and does not cause it to be forbidden,72I.e., although this portion which is forbidden to an Israelite is cooked together with the entire ram, the Israelite is permitted to partake of the remainder of the ram. Accordingly, our Sages inferred that a similar ratio may be used when other prohibited substances are cooked with permitted substances. as [Numbers 6:19] states: \"And the priest shall take the cooked foreleg from the ram.\"", + "[The following rules apply when] two substances of the same type, [one permitted and one forbidden,] and a [third] entity become mixed together, e.g., there was a pot with fat from the fat tail and beans and fat from the kidneys fell into it. The entire [mixture] dissolved and became a single entity. We view the fat from the fat tail and the beans as a single entity and we measure the fat from the kidneys against it. If the ratio was one to sixty, it is permitted. For it is impossible to detect the taste.73Because there is no significant difference between the taste of fat from the fat tail and fat from the kidneys, as indicated by Halachah 4.", + "The same principle applies when terumot are mixed together [with other substances, some of the same type and some of a different type], their measure is 100. And the measure of mixed species from a vineyard and orlah is 200.", + "When we calculate the measure of permitted substances with regard to all prohibitions, whether the measure is 60, 100, or 200, we include the soup, the spices, everything that is in the pot, and what the pot has absorbed after the prohibited substance fell according to our estimation.74I.e., at that time, it absorbed both the permitted substances and the prohibited substance (Radbaz).
In his Kessef Mishneh and in his Shulchan Aruch (Yoreh De'ah 99:4), Rav Yosef Caro follows the view of Rashi and the Tur who maintain that we should measure the prohibited substance and the permitted substances as they are at present, for there is no way of knowing how much the pot absorbed. This stringency applies, however, only with regard to forbidden substances mixed with permitted substances of a different type. (For then the prohibition stems from Scriptural Law.) If they are of the same type (when a simple majority is required according to Scriptural Law), the Shulchan Aruch rules more leniently and accepts the Rambam's ruling.
For it is impossible to know the exact amount which the pot absorbed.", + "It is forbidden to nullify a substance75I.e., after a forbidden substance fell into a mixture, one may not add enough permitted substances that there will 60, 100, or 200 times the amount of the forbidden substance. forbidden by Scriptural76If, however, a substance forbidden by Rabbinic Law accidentally fell into a mixture, one may add enough permitted substances to nullify the prohibition, as stated in Halachah 26. Law as an initial and preferred measure. If, however, one nullified it, the mixture is permitted.77Because in fact the presence of the forbidden substance has been nullified. Nevertheless, our Sages penalized such a person and forbade the entire mixture.78The Siftei Cohen 99:11 explains the reason for this penalty. If we would permit him to benefit from it, we fear that if, in the future, such a situation would recur, he would instruct his servants to nullify the prohibited substances for him. It appears to me that since this is a penalty, we forbid this mixture only to the person79Or the person whom he intended to serve after nullifying the forbidden substance. Were this not the case, he would benefit from his undesirable act (Kessef Mishneh). who transgressed and nullified the prohibited substance.80The Rambam's wording implies that the penalty was imposed only when he willfully nullified the existence of the forbidden substance. If he did so accidentally or inadvertently, no prohibition applies, for our Sages did not impose penalties in such situations [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 99:5)]. For others, however, the entire mixture is permitted.", + "What is implied? If a se'ah of orlah falls into 100 se'ah [of permitted produce], the entire [mixture] is forbidden. One should not bring another 100 se'ah and join [the entire quantity] together so that [the forbidden substance] will be nullified because of the presence of 201 times the original amount. If, however, he transgressed and did so, the entire [mixture] is permitted.
With regard to a prohibition forbidden by Rabbinic decree,81This point was not accepted by all authorities. The Ashkenazic authorities (as reflected by the ruling of Rabbenu Asher) maintain that even a Rabbinic prohibition should not be nullified as an initial and preferred measure. The Radbaz proposes an intermediate position: that the stringency should be applied only to Rabbinic prohibitions that have a source in Scriptural Law, e.g., milk and fowl, but not those enacted by the Rabbis entirely on their own initiative. This compromise, however, was not accepted. The Shulchan Aruch (Yoreh De'ah 99:6) adopts the Rambam's position, while the Tur and the Rama follow that of Rabbenu Asher. we do nullify a prohibition as an initial and preferred measure.", + "What is implied? If milk fell into a pot that contains fowl and imparted its flavor to the food, one may add other fowl to the pot until the flavor [of the milk] is no longer discernable. Similar laws apply in all analogous situations.", + "We already explained82Halachah 1. that if a forbidden substance imparts its flavor to a permitted substance, the entire mixture is not permitted. When does the above apply? [When the flavor imparted] improves [the flavor of the permitted food]. If, however, the forbidden substance detracts from the flavor of the permitted substance and impairs it, it is permitted.83Avodah Zarah 66a derives this concept from the statements of Deuteronomy 14:21 concerning the meat of an animal that died without slaughter: \"Give it to the stranger in your gate and he will partake of it.\" Implied is that the prohibition applies only to meat that is fit for a non-Jew to partake of. If it is not fit for the non-Jew to eat, it cannot cause a Jew's food to be forbidden.
See also Shulchan Aruch (Yoreh De'ah 103:2) which states: \"The impairment of the food's flavor does not have to be complete to the extent that one would be disgusted to eat it. Instead, even if it slightly detracts [from its flavor], it does not cause the mixture to become forbidden.\"

[This applies] provided it detracts from its flavor from the beginning until the end. If, however, it detracted from its flavor at the outset, but ultimately improved it or improved it initially, even though it will ultimately detract from it, [the mixture] is forbidden.84Avodah Zarah, loc. cit. states that if initially, the flavor of a substance is improved by the addition of the forbidden substance, it becomes forbidden. The fact that ultimately the addition detracts from the flavor of the permitted substance is not sufficient to cause it to become permitted again. The Rambam draws the conclusion that ultimately if the flavor of the substance will be improved, it is also prohibited (Kessef Mishneh).
Note, however, the Siftei Cohen 103:7 who states that it is permitted to partake of a mixture after the flavor of the permitted substance was impaired, before it improved, even though one knows that ultimately, it will improve. Based on the wording of the following halachah, however, it is questionable if the Rambam would accept this conclusion.
", + "Who will taste the mixture?85I.e., since there is a question whether the mixture is forbidden or not. If terumot were mixed with ordinary crops, a priest should taste the mixture.86For he is permitted to partake of terumot. If the flavor of the terumah is discernible, the entire mixture is considered as miduma. In Hilchot Terumot,87Chs. 13 and 14. the laws pertaining to [produce that is] miduma will be explained.", + "If [the mixture involved] meat and milk, wine poured as a libation, wine that was orlah, or [made from grapes that grew together with] mixed species in a vineyard that fell into honey, or the meat of crawling animals or teeming animals that were cooked with vegetables and the like, a gentile should taste [the mixture].
We rely on his word.88There is a difficulty with the Rambam's statements, for generally, we do not rely on the word of a gentile with regard to ritual matters. The Shulchan Aruch (Yoreh De'ah 98:1) relies on the opinion of the Rashba quoted by the Tur, that this refers to a situation where the gentile does not know that we are relying on him, but instead makes his statements as a matter of course (masiach lifi tomo).
See also the Turei Zahav 98:2 and the Siftei Cohen 98:2 who quote views which state that an ordinary gentile is not sufficient, but instead, the intent is a gentile chef who is an expert on recognizing flavors. According to some, however, this interpretation leads to a leniency. For since he is a professional, he will not risk his professional reputation by lying to mislead a Jew. Hence, according to these views, his statements can be accepted even if they are made in response to direct questions and not as a matter of course. There are, nevertheless, authorities who differ and require even a chef to make his statements as a matter of course. Moreover, there are authorities (among them, the Radbaz and the Rama) who never accept the statements of a gentile with regard to these matters.
The Rama (Yoreh De'ah 98:1) states that in the present age, we do not rely on the statements of a non-Jew who tasted food to determine whether it is kosher or not.
If he says: \"It does not have the flavor [of the forbidden substance],\" or he says: \"It [imparted] its flavor, but that flavor is bad and it detracts [from the flavor of the permitted substance,\" the entire [mixture] is permitted, provided it will not ultimately improve it, as we explained.89Halachah 28. If there is no gentile to taste it, we rely on the measures of 60,90For it is an accepted principle that the taste of a forbidden substance will be nullified in more than 60 times its volume. 100, or 200.91This refers to mixtures of terumot, orlah, and mixed species in a vineyard. The ruling is, however, problematic. For if we are speaking about a mixture of these substances together with different substances, then 60 times their volume will be sufficient. For the taste of all substances except spices is nullified in 60 times their volume as stated in the previous note. And if we are speaking about a mixture of substances with their own kind, the taste of the forbidden substance will not be detectable.", + "When a rat falls into beer or vinegar, we require a measure of 60, for we suspect that it imparted its flavor to the beer or the vinegar and it improves it.92Avodah Zarah 68b leaves unresolved the question whether the rat's flavor detracts from the flavor of beer and vinegar. Hence we rule stringently.When, however, it falls into wine, oil, or honey,93These substances are not mentioned by the Talmud, loc. cit., but it is common knowledge that the rat's flavor will detract from their own, as the Rambam explains (Kessef Mishneh). it is permitted, even if it imparts its flavor, for the [rat's] flavor detracts [from the flavor of these substances]. For [these substances] must all have a pleasant fragrance and rat meat spoils their aroma and detracts from their flavor.", + "When a goat is roasted in its fat, it is forbidden to eat from even the tip of its ear. [The rationale is that] the fat permeates through all its limbs, improves [their taste], and imparts flavor. Accordingly, if [a goat] is lean and possessed only a meager amount of fat on its kidneys and digestive organs,94These are prohibited by Scriptural Law. i.e., one in sixty-one [of the entire animal], one may cut away [the meat] and eat it95In his Kessef Mishneh, Rav Yosef Caro states that, according to the Rambam, one may partake of the meat as it is. He need not scrape off or cut away its surface (kelipah or netilah). In his Shulchan Aruch (Yoreh De'ah 105:5), however, he rules according to the perspective of Rabbenu Asher, the Rashba, the Ran, and the Tur who maintain that the outer layer of the meat next to the fat itself must be cut away.
See also the ruling of the Rama (Yoreh De'ah, loc. cit.) that at present, we are not capable of differentiating which fat is considered succulent and which is considered lean. Hence, we require 60 times the amount of forbidden fat in all instances.
until he reaches the fat.
Similarly, when the thigh [of an animal] is roasted96The Kessef Mishneh emphasizes that the leniency mentioned by the Rambam applies only when the animal is roasted with its gid or with the forbidden tissues. If it is cooked, more stringent rules apply. together with the gid hanesheh, one may cut away [the meat] and eat it until he reaches the gid [hanesheh].97Although the fat of the gid hanesheh is prohibited, there is not enough fat to cause the other limbs of the animal to become prohibited (Kessef Mishneh). Nevertheless, one must cut away the outer layer of the meat next to the gid. [This], he should cast away. Similarly, if an animal was roasted whole without removing the forbidden strands of tissue and membranes, one may cut away [the meat] and eat it.98In this instance as well, there is not a significant enough quantity of fat to cause the meat to become forbidden. When he reaches a forbidden substance, he should cast it away. There is no need to calculate the ratio [of this forbidden tissue to the meat,] for this [forbidden] tissue does not impart flavor.", + "One should not roast ritually slaughtered meat with the meat of a nevelah or the meat of a non-kosher species in one oven, even though they do not touch each other.99The Shulchan Aruch (Yoreh De'ah 108:1) quotes the Rambam's ruling forbidding roasting the two in the same oven, but allows for certain leniencies, e.g., the oven is very large or the substances are covered. If one roasted them together, [the kosher meat] is permitted. [This applies] even if the forbidden meat was very succulent and the permitted meat was lean. For an aroma does not cause a substance to become forbidden; only the flavor of a forbidden substance does.", + "When the meat of a ritually slaughtered animal100It appears that the kosher meat was unsalted. If, however, it were salted, it would not absorb the juices of the non-kosher meat, as indicated by the principle: \"One that is involved in discharging its own juices does not absorb from another\" (Radbaz). was mixed together101The commentaries note an apparent contradiction to the Rambam's rulings in Chapter 7, Halachot 17-19. The Radbaz explains that there, both the forbidden and the kosher substances were salted, while here the kosher meat was not. The Kessef Mishneh explains that here the two pieces of meat are mixed together, while there the substances were merely near each other. with the meat of a nevelah that was salted, the [kosher] meat becomes prohibited,102In this halachah, the Rambam is communicating the principle stated by Chulin 111b et al that meat which is salted is considered as if it is burning hot. It emits concentrated juices which are absorbed by other meat. for the concentrated [juices] of the nevelah are absorbed in the kosher meat. It is impossible to detect their flavor or to calculate the quantity of the forbidden substance.103I.e., no matter what the ration of the kosher meat to the non-kosher meat, the mixture is forbidden (Kessef Mishneh).
The Tur and the Shulchan Aruch (Yoreh De'ah 70:3-4) follows the more lenient views of Rabbenu Asher, the Rashba, and the Ran who maintain that only the external surface of the kosher meat becomes forbidden. Once it is peeled off, the meat is permitted.

When the meat of a unsalted species of kosher fish was mixed together with the meat of a species of unkosher fish that was salted, the [kosher] fish becomes prohibited because of the [non-kosher] brine. If, however, it was the kosher fish that was salted and the non-kosher fish was unsalted, the salted fish does not become forbidden. For even though the unsalted [fish] absorbs [the brine] of the salted one, it does not absorb it to the degree that it will cause it to discharge [its own brine].
When a non-kosher fish was pickled with a kosher fish, the entire mixture is forbidden unless the ratio of kosher fish to non-kosher is 200:1.104For pickling is considered equivalent to cooking. Fish brine is considered as very powerful. Hence it requires a much larger measure than ordinary non-kosher substances. See Rav Kapach's notes to the Rambam's Commentary on the Mishnah (Terumot 10:8) where he writes that the Rambam changed his mind three times on this issue, twice stating more stringent views than the one stated here, before writing this view as his final conclusion." + ], + [ + "All the above measures given by our Sages with regard to a forbidden substance being mixed with a permitted substance of the same type apply when the forbidden substance is not a leavening agent, a spice, or an important entity that is discrete and is not mixed together with or blended with the permitted substance.1I.e., it does not become mixed with the forbidden substances into a single blend, nevertheless, it cannot be distinguished from the kosher substances. If, however, [the forbidden substance] is a leavening agent, a spice, or an important entity, even the slightest amount of it causes [the entire mixture] to be forbidden.2The presence of the forbidden substance is never nullified no matter how great the ratio between it and the permitted substances. Needless to say, this stringency was instituted by Rabbinic degree. As mentioned above, according to Scriptural Law, a simple majority is sufficient to nullify the presence of an entity.", + "What is implied? When yeast from wheat that is terumah falls into a dough of ordinary wheat [flour] and it is of sufficient quantity3If, however, there is not enough to cause the dough to leaven, it is not considered a leavening agent and its presence can be nullified [the Rambam's Commentary to the Mishnah (Orlah 2:6-7)]. to cause the dough to leaven, the entire dough is considered as having been mixed with terumah.4And must be sold to a priest at the price of terumah. Similarly, if spices that are terumah fall into a pot of ordinary food [containing] the same substance,5If, however, they do not contain the same substance, according to the Rambam (loc. cit.), we see if their flavor can be detected or not. If it cannot be detected, the mixture is permitted. when [the forbidden spices] are of sufficient quantity to season [the dish], the entire [dish] is considered as having been mixed with terumah. This applies even if the ration between the yeast and the spices [to the permitted substances] is 1:1000.
Similarly, if yeast from mixed species grown in a vineyard fall into a dough or spices of orlah fall into a pot, it is forbidden to benefit from the entire [mixture].", + "Even the smallest amount of an important entity [that is forbidden] can cause a mixture of its own type to become forbidden. The seven entities that follow are considered as important: nuts from Perach,6Perach and Baden are names of places. These and the following terms are defined in the Rambam's Commentary to the Mishnah (Orlah 3:8). pomegranates from Baden, sealed barrels,7The Rama (Yoreh De'ah 134:2) states that this applies only when the barrels are large and therefore important. A small barrel is not important and its presence can be nullified by a simple majority. beet shoots, cabbage heads, Greek squash, and loaves baked by a private person.8In contrast to those baked by a baker.", + "What is implied? If one pomegranate from Baden that was orlah became mixed with several thousand other pomegranates, it is forbidden to benefit from the entire mixture.9I.e., all the pomegranates are considered as if they are the pomegranate that is orlah.
The Radbaz mentions opinions that state that one may throw away the value of the forbidden pomegranate, but then benefit from the entire mixture. He, however, brings support for the Rambam's position.
The Shulchan Aruch (Yoreh De'ah 101:1) appears to support the Rambam's ruling. Note, however, the comments of the Siftei Cohen 110:2 who writes that even though a Jew may not benefit from any one of the forbidden pomegranates himself, he may sell the entire mixture to a gentile, minus the price of the forbidden pomegranate. See also the notes to Halachah 7.
Similarly, if a sealed barrel of wine that is orlah or that is a product of mixed species from a vineyard that became mixed with several thousand sealed barrels, it is forbidden to benefit from the entire quantity.", + "Similarly, when a piece of meat from a nevelah or from a non-kosher species of animal, beast, fowl, or fish become mixed with several thousand other pieces of meat, the entire mixture is forbidden until one separates that piece of meat and makes certain that there is sixty times its measure.10This refers to an instance when the forbidden piece of meat was cooked with the other pieces. For if one does not separate [the forbidden piece of meat], it will continue to be present and it will not have changed.11If its form changes, different rules apply, as apparent from Halachah 11. And this piece of meat is important to him, for he receives honor [by serving it] to guests.12The Tur and the Shulchan Aruch (Yoreh De'ah 109:1) state that if a piece of meat is not of the type that will bring a person respect by serving it to guests, the stringency mentioned in this halachah does not apply.
Tosafot (Chulin 100a) explains that even though in practice, the piece of meat will not bring honor to the person - because since it is forbidden, he cannot serve it - it is placed in this category, for were it not to be forbidden, it would bring him honor.
", + "The same laws apply with regard to a piece of meat [cooked] with milk13There is an important insight associated with this ruling. The stringency relating to a piece of meat from which one receives honor applies only when the meat is inherently forbidden. When, however, a piece of kosher meat falls into a stew of non-kosher meat, it is not considered a piece of meat from which one receives honor, for it is not inherently forbidden. What is forbidden is the flavor of the non-kosher meat and that flavor is not a substance from which one receives honor.
This does not apply with regard to milk and meat. Although it is absorbing the milk that causes the meat to be considered forbidden, once it absorbs that milk, it becomes inherently forbidden. For both of the substances are themselves permitted, it is their mixture that is forbidden by the Torah (Radbaz).
or an ordinary animal that was slaughtered in the Temple courtyard, for it is forbidden to benefit from [the latter] according to Rabbinic decree,14I.e., this stringency is applied even though we are speaking only about a Rabbinic prohibition (Kessef Mishneh). as will be explained in Hilchot Shechitah.15Chapter 2, Halachah 3. Even the slightest amount of them causes [a mixture] to become forbidden until they are removed.
Similarly, when a gid hanesheh was cooked with other similar tissue or with meat, when it can be recognized, it should be removed and the remainder is permitted. For giddim do not impart flavor.16The Lechem Mishneh states that this is speaking about a situation when the gid hanesheh was cooked without its fat. Otherwise, 60 times its volume is required, for the fat does impart flavor. If one cannot recognize it, the entire mixture is forbidden. For [the gid hanesheh is considered as a created being in its own right.17The Shulchan Aruch (Yoreh De'ah 100:1) gives the following criteria for a creation in its own right: It must be alive, in contrast to a kernel of wheat. It must be inherently forbidden, in contrast to a kosher fowl that was slaughtered improperly. It must be a complete entity to the extent that were it to be divided it would no longer be referred to with that name in contrast to non-kosher fat. And it must actually be whole, in contrast to a gid hanesheh that was cut in half. Hence, it is significant; no matter how small it is, it causes [a mixture] to become forbidden.18This principle applies with regard to all entities that are creations in their own right. Until they are removed, the mixture is forbidden regardless of the ratio of kosher to nonkosher substances. Once they are removed, the ratio must be 60:1 (ibid.:2).", + "Similarly, all living animals are significant and they never become nullified. Therefore, if an ox sentenced to be stoned to death19An ox sentenced to execution for goring a human being. See Chapter 4, Halachah 22. becomes intermingled with 1000 oxen, a calf whose neck is to be broken20This calf is an atonement offering brought by the elders of a city when there is an unresolved murder. See Hilchot Rotzeach , ch. 9. becomes intermingled with 1000 calves, a dove selected for a metzora21Tzara'at refers to a unique affliction of the skin resembling leprosy that afflicted a person because of he spoke lashon hora, unfavorable gossip. When the physical signs of his affliction have disappeared, the person must bring two doves as sacrifices. One is slaughtered and one is sent away, as stated in Hilchot Tumat Tzara'at 11:1. It is forbidden to benefit from the one that is slaughtered. becomes intermingled with 1000 doves, or a firstborn donkey22A firstborn donkey must either be either exchanged for a lamb and the lamb given to a priest or the donkey's neck must be broken (Exodus 13:13; Hilchot Bikkurim, ch. 12). becomes intermingled with 1000 donkeys, it is forbidden to benefit from any of them.23The Ra'avad differs with the Rambam's ruling, stating that all that is necessary is to destroy the benefit one would receive from one of the forbidden entities. The benefit from the remainder is permitted. The Kessef Mishneh points to Halachah 29 as indication that the Rambam would also accept the ruling stated by the Ra'avad. The Migdal Oz differs and maintains that the Rambam would not accept that ruling. As mentioned above, the Siftei Cohen 101:2 defends the position of the Kessef Mishneh, stating that the Rambam would allow one to sell the entire mixture to a gentile, minus the price of the forbidden article. With regard to other entities, even though it is customary to [sell] them by number,24The Tur and the Rama (Yoreh De'ah 110:1) cite the view of other Rishonim who state that whenever an article is always sold by number, not by a package, its presence is never nullified. they can be nullified according to the ordinary measures.", + "What is implied?25I.e., what is an example of an article that is sold by number being nullified. When a bundle of vegetables that come from mixed species grown in a vineyard are mixed with 200 bundles or an esrog which is orlah is mixed with 200 esrogim, the entire quantity is permitted. Similar laws apply in all analogous situations.", + "It appears to me that every article that is significant to the inhabitants of a given place as nuts from Perach and pomegranates from Baden were significant in Eretz Yisrael in [the Talmudic] era causes a mixture to be forbidden if even the slightest amount becomes mixed in because of its importance in that time and in that era. The particular entities [referred to above] were mentioned because the slightest amount of them causes a mixture to be forbidden in every place. The same laws apply to articles similar to them in other places. It is clear that all of these prohibitions stem from Rabbinic decree.26For according to Scriptural Law, a substance mixed with substances of the same type are forbidden when there is a majority of the permitted substance. When mixed with substances of a different type, they are nullified when the taste can no longer be detected.", + "If one pomegranate from a mixture [of pomegranates including a forbidden pomegranate from Baden] falls into two other [permitted] pomegranates from Baden and then one of these three pomegranates fell into other pomegranates, the latter mixture is permitted. [The rationale is that the presence of] the pomegranate from the first mixture [which fell into the second mixture] is nullified because of the majority of permitted substances.27I.e., according to Scriptural Law; according to Rabbinic Law, both the first and the second mixtures are forbidden. If, however, [a pomegranate] from the first mixture falls into 1000 pomegranates, they are all forbidden.28For with regard to each of the pomegranates in the second mixture, there is a question if it is forbidden by Scriptural Law or not (Radbaz).
The Radbaz notes that the Rambam's ruling here appears to contradict his ruling in Hilchot Avodat Kochavim 7:10 where the Rambam rules that if a goblet used for idol worship becomes mixed with other goblets and then one from the first mixture falls into a second mixture, one may use the goblets of the second mixture. The Radbaz maintains that with this ruling, the Rambam changed his mind and adopted a more stringent position.
The Kessef Mishneh explains that the Rambam rules more stringently in this instance than with regard to idol worship because the prohibition against idol worship is universally known. The prohibition against benefiting from a significant entity, by contrast, is less recognized. Therefore there is need for greater stringency. Alternatively, here the Rambam is speaking about partaking of the forbidden mixture, while in Hilchot Avodat Kochavim, he is speaking about benefiting from the mixture. Obviously, there is greater reason to prohibited a substance from which one partakes.
The position followed by the Rambam in Hilchot Avodat Kochavim is followed by other Rishonim even with regard to a significant entity. The Shulchan Aruch (Yoreh De'ah 110:8) quotes the Rambam's view and the Rama adds further stringencies. The Turei Zahav 110:10 and the Siftei Cohen 110:3 mention the more lenient views.
[The concept that the presence of the forbidden pomegranate] was nullified because of the majority of permitted substances only when there is a multiple doubt involved:29Perhaps the pomegranate that fell from the first mixture into the second mixture was not forbidden by Scriptural Law. Even if it was forbidden, perhaps the pomegranate that fell from the second mixture was not forbidden by Scriptural Law. Thus there is a multiple doubt if an entity forbidden by Scriptural Law is present. i.e., that if one of the second mixture will fall into another place, it does not cause [that third mixture] to become forbidden. Similar laws apply in all analogous situations.", + "If the nuts that were forbidden because of the nut that was orlah intermingled with them were cracked open, the pomegranates were taken apart, the barrels were opened, the squash was cut, or the bread was sliced after they became forbidden, [the presence of the forbidden entity] can be nullified if there is 201 times its volume.30As required with regard to the prohibitions of orlah and mixed species in a vineyard. I.e., the stringency of a significant article no longer applies, because the entities are no longer whole and in their present form, they are not significant. This law also applies with regard to a piece of forbidden meat31Which would be forbidden because one derives honor from serving it as stated in Halachah 5. Once it has been minced, the meat is no longer a piece from which one would derive honor [Shulchan Aruch (Yoreh De'ah101:6)]. that is minced together with other pieces and they are all [minced] in the same way, [the presence of the forbidden entity] can be nullified if there is 60 times its volume.", + "It is, however, forbidden to crack the nuts, take apart the pomegranates, open the barrels after they have become forbidden so that [the presence of the forbidden entity] can be nullified if there is 201 times its volume. For, as an initial and preferred measure, we do not nullify the presence of an entity.32The commentaries question the Rambam's statement, noting that in Chapter 15, Halachah 26, the Rambam states that we may nullify the presence of a substance forbidden by Rabbinic Law. Since the prohibition against these mixtures is Rabbinic in origin, seemingly, it would be possible to nullify their presence. If one does so, we penalize him and forbid [the entity] to him, as explained.33See Chapter 15, Halachah 25.", + "[The following rule applies when] yeast that comes from mixed species in a vineyard and from terumah falls into dough and there is not enough of either of [the forbidden substances] alone to cause the dough to rise, but when the two are combined, there is enough to cause the dough to rise. This dough is forbidden to an Israelite, but permitted to the priests.34As mentioned in Halachah 1, if an entity is sufficient to cause a dough to leaven or to spice a pot, its presence can never be nullified. Although neither forbidden entity on its own is large enough to bring about this change, when the two are combined, this result is achieved. Therefore an Israelite is forbidden to partake of the dough or the pot. With regard to a priest, by contrast, since terumah is not forbidden to him, we do not say that an article forbidden to him brought about this change. For the mixed species alone is not of sufficient size. Hence, he is permitted to partake of the bread or the cooked food.
Similarly, when spices that come from terumah and from mixed species in a vineyard fall into a pot and there is not enough of either of [the forbidden substances] to spice the pot, but together there is enough of both of them to spice the pot, that pot is forbidden to an Israelite - for an entity forbidden to him spice it - and permitted to the priests.", + "When there are two or three types of the same species of spice or three species of the same type, they can be combined to cause a pot to be forbidden when they spice it or when [a similar type mixture] causes dough to leaven.
What is implied? Yeast from wheat and yeast from barley are not considered as being two separate substances. Instead, since the category yeast is the same, they are considered as one substance and they can be combined to measure to see if they are sufficient to cause a dough of wheat to leaven if their combined flavor is that of wheat35If the combined flavor is not that of wheat, the dough does not become forbidden, because the yeast is considered as giving a different flavor to the dough. Hence the dough is forbidden only of that flavor is detectable.
The Ra'avad differs with the Rambam's ruling, offering a different interpretation of Avodah Zarah 65a, the Rambam's source. Significantly, their disagreement is mirrored by similar difference in interpretation by Rashi and Tosafot. Rashi and the Rambam follow one approach and Tosafot and the Ra'avad, the other.
or to cause a dough of barley to leaven if their combined flavor is that of barley.", + "What is meant by three species of the same type? For example, river parsley, parsley that grows in meadows, and parsley that grows in gardens. Although each of them has a distinct name, since they are of one type, they can be combined to [cause a dish to be forbidden if they] spice [it].", + "[The following rules apply when] yeast that is terumah or from mixed species from a vineyard falls into dough that is already leavened or spices that are terumah or from mixed species from a vineyard fall into a pot that has already been spiced. If there is enough [of the forbidden] yeast to cause the dough to leaven if it had been unleavened or there is enough of the spices to spice the pot had it been unspiced, the entire mixture is forbidden.36Although in actual fact the forbidden yeast or spices did not have an effect, because the dough leavened and the pot was spiced without them. Nevertheless, since they could have had an effect, they cause the dish to become forbidden.
Avodah Zarah 68a notes that when a dough is already leavened, adding yeast will spoil its flavor. Hence, seemingly, it should not be forbidden. Nevertheless, an exception is made with regard to dough, for when extra yeast is added to dough, that dough is then used to cause other doughs to leaven. Hence, it is not considered to be spoiled.
The Ra'avad understands the emphasis of the passage from Avodah Zarah differently and objects to the Rambam's ruling. He note that Avodah Zarah does not mention spices; the Rambam added those on the basis of his logic. And the Ra'avad, argues, that logic can be disputed. For the addition of yeast to the dough has an effect as explained. The addition of the spices, by contrast, have no effect - for the pot was already spiced. Why then do they cause the pot to be forbidden?
The Lechem Mishneh answers, that even according to the Ra'avad's understanding, the Rambam's logic can be defended, for the food from the heavily spiced pot could be used to spice other pots.
If they are of sufficient size to spice [the pot] or cause [the dough] to leaven, their presence can be nullified according to the required measure: terumah when [the mixture] is 101 times [the size of the forbidden substance] and mixed species in a vineyard when [the mixture] is 201 times [the size of the forbidden substance].", + "Terumah can [help] cause orlah and mixed species from a vineyard to be nullified.
What is implied? When a se'ah of terumah falls into 99 [se'ah of] ordinary produce and afterwards, a half se'ah of orlah or mixed species from a vineyard falls into the entire mixture, the prohibition against orlah or mixed species in a vineyard does not apply.37The mixture is, however, forbidden to Israelites and permitted only to priests, for the presence of the terumah is not nullified. For it is nullified because of the presence of 201 times [the size of the forbidden substance] even though a portion of the 201 is terumah.38This and the following halachah represent the Rambam's interpretation of Orlah 2:2 which is based on the Jerusalem Talmud.", + "Similarly, orlah and mixed species from a vineyard can [help] cause terumah to be nullified.
What is implied? When 100 se'ah of orlah or mixed species from a vineyard fall into 20,000 se'ah of ordinary produce, the entire mixture is thus 20,100 se'ah.39I.e., the presence of the orlah or the mixed species from the vineyard are nullified. Afterwards, a se'ah of terumah fell into every 100 se'ah, the entire [mixture] is permitted and the presence of the terumah is nullified because of the presence of 101 times [the original amount of terumah].40This example is the product of the Rambam's own deduction. Although the simple interpretation of Orlah, loc. cit., would imply that the concept stated in this halachah could also be derived from the situation described in the previous halachah, it does not work out mathematically. Hence, the Rambam had to find a new example. [This applies] even though part of the 100 that nullify its presence are orlah or mixed species from a vineyard.", + "Similarly, orlah may [help] nullify mixed species from a vineyard and mixed species from a vineyard may [help] nullify orlah. Mixed species from a vineyard may [help] nullify [the presence of other] mixed species from a vineyard and orlah may [help] nullify [the presence of other] orlah.
What is implied? 200 se'ah of orlah or mixed species from a vineyard fall into 40,000 se'ah of ordinary produce.41The prohibition is thus nullified because the ratio of permitted to forbidden substances is 200:1.
The Ra'avad criticizes the Rambam, questioning why he uses extremely large numbers. The Radbaz explains that the Rambam's figures enable all the calculations to be made without fragments.
Afterwards,42I.e., after it was discovered that the forbidden substance had fallen into the permitted substances. See the Rambam's Commentary to the Mishnah (Terumot 5:8). a se'ah of orlah or mixed species from a vineyard fell into each of the 200 se'ah of orlah or mixed species from a vineyard, the entire mixture is permitted. Since the presence of the forbidden substance that fell into [the mixture] originally was nullified, the entire [mixture] is considered as ordinary produce that is permitted.43Thus despite the fact that it contains produce that was originally forbidden, the entire quantity may be used to nullify the presence of the second measure of forbidden produce that falls in.
The rationale for this leniency is that according to Scriptural Law, the entire measure is permitted when there is a simple majority of forbidden substances.
", + "A garment that was dyed with shells of orlah44In his Commentary to the Mishnah (Orlah 1:8), the Rambam quotes the Sifra (Parshat Kedoshim) which teaches that since it is forbidden to benefit from Orlah, it is also forbidden to use it as a dye. The Rambam emphasizes that, accordingly, this applies, not only to fruit which is orlah, but also to the shells from which dye is made. In his notes to the Rambam's Commentary to the Mishnah, Rav Kapach cites a responsa from the Rambam from which it appears that this applies only to shells because they serve a fruit. It is not forbidden to make dye from the wood or the bark of a tree that is orlah. See Halachah 24 and notes. should be burnt.45Since the substance from which the dye comes is forbidden, the entire article becomes forbidden. If it became intermingled with others, [its presence] may be nullified when there are 201 times the original amount.46The Rambam's wording - and hence, our translation - implies that one may cause the presence of the forbidden garment to be nullified by adding 200 other garments to it. The Radbaz explains that the mixture is forbidden only according to Rabbinic Law. As stated in Chapter 15, Halachah 26, as an initial and preferred option, one may add a sufficient quantity of permitted substances to nullify the presence of a substance forbidden by Rabbinic Law. Note, however, the glosses of the Tosafot Yom Tov and Rav Kapach to Orlah 3:1, that do not accept this interpretation and state that one may not nullify the prohibition as an initial and preferred option. Similarly, when a dish was cooked or a loaf of bread baked with the shells of orlah or mixed species from a vineyard, the dish or the bread must be burnt, for the benefit [from the forbidden substance] is evident.47See Halachah 22. If it became intermingled with others, [its presence] may be nullified when there are 201 times the original amount.", + "Similarly, when milo hasit48In his notes to the Rambam's Commentary to the Mishnah (Orlah 3:2), Rav Kapach elaborates on the definition of this term, concluding that it is equal to two thumbbreadths. This is also reflected in the Rambam's ruling, Hilchot Shabbat 9:18. of a garment was dyed with [a dye that is] orlah, and [that garment] cannot be identified, [its presence] may be nullified when there are 201 times the original amount.49I.e., if the entire garment is not 201 times the size of the portion dyed with the forbidden dye. In his Commentary to the Mishnah, the Rambam explains that this law teaches us that if even a small portion of a garment is dyed with forbidden dye, the entire garment may become forbidden. If powdered dye that is orlah becomes mixed with powdered dye that is permitted, [its presence] may be nullified when there are 201 times the original amount. When liquid dye that is orlah becomes mixed with liquid dye that is permitted, its presence is nullified when there is a majority [of the permitted substance].50The Radbaz explains that a more lenient ruling is issued in this instance, because:
a) Here there is no substance that is forbidden, it is only the color that comes from the forbidden dye that is problematic. A differentiation can be made between this instance and the previous laws, for in those instances, the forbidden dye has already become permanently associated with a substance.
b) In this instance, the majority of the dyeing will result from the permitted dye. The effect of the prohibited dye is secondary.
", + "When an oven has been heated with shells of orlah or mixed species from a vineyard, it must be cooled off [before cooking in it]. [This applies] to both a new and an old [oven]. Afterwards, one should heat [the oven] with permitted wood.51If so, it is then permitted to use even a new oven. Heating a new oven with the shells of orlah completes the task of fashioning the oven. Thus there is reason to say that since it was completed in a forbidden manner, the oven itself would be forbidden. Nevertheless, when permitted fuel is used even for such an oven, the products are permitted. The rationale is that they are produced by two substances: the oven which is forbidden and the fuel which is permitted. Whenever there are two factors involved, one permitted and one forbidden, the result is permitted to be used (Pesachim 26b). We do not require the oven to be destroyed, for the oven is not inherently forbidden (Kessef Mishneh).
One might ask: If so, why is an oven that is heated with shells that are orlah forbidden to be used. Here also there are two factors involved, the oven which is permitted and the fuel which is forbidden. It is possible to explain that the leniency of allowing to use the yield produced by a forbidden and a permitted substance only after the fact. In this instance, cooling the oven provides an easy alternative (Radbaz).
If one cooked in it before it was cooled, whether bread or food, it is forbidden to benefit from it. [The rationale is that] the forbidden wood increased the value of the bread or the food.52One might ask, since the oven is permitted, even though the fuel is forbidden, there is both a permitted and a forbidden factor producing this result. Why, then, is the food forbidden? It is possible to explain that since the fire which is forbidden is evident and apparent, we rule stringently (Radbaz, Kessef Mishneh).
If one removed the entire fire53As indicated by the Halachah 24, this applies even if there are still glowing coals in the oven. and then cooked or baked with the heat of the oven [that remained], it is permitted, for the forbidden wood is no longer present.54One might ask: In the case of a new oven, since both factors - the oven and the fuel - are forbidden. Nevertheless, it appears that according to the Rambam, removing the fire is sufficient for the food to be permitted. For the oven itself is not inherently forbidden, it was only completed in a forbidden manner (Kessef Mishneh).", + "It is forbidden to benefit from plates, cups, pots, and bottles that were fired by a potter with shells of orlah. [The rationale is] they are made new by an object from which it is forbidden to benefit.55Since the fuel used to fire the kitchenware is the primary element in completing them, they are forbidden. The Turei Zahav 142:7 explains that here we are speaking about kitchenware on which food is served cold. Since the kitchenware was made in a forbidden manner, it is forbidden to benefit from it. If, however, a pot was fired with forbidden fuel and then used to cook kosher food, that food would be permitted as is the law concerning a new oven. The Meiri (in his gloss to Pesachim 26b), however, explains that if one cooks food with a pot forbidden because of these factors, the food is forbidden.", + "When bread was baked on coals from wood56The Radbaz emphasizes that here, too, we are speaking about shells from fruit that is orlah. The wood of a tree never becomes forbidden as orlah. that is orlah, it is permitted. Once [the wood] becomes coals, the forbidden dimension is no longer present, even though they are still glowing.57For once the wood is consumed by fire, it is no longer considered forbidden. See Hilchot Pesulei HaMukdashim 19:13 which states that it is permitted to benefit from the ashes of substances that are forbidden and required to be burnt.
When a pot was cooked with shells from orlah or mixed species from a vineyard together with permitted wood,58As evident from the continuation of the Rambam's statements, this applies when the permitted fuel was added after the forbidden fuel. Implied is that were the two fuels mixed together at the outset, the dish would be permitted. the food [cooked in it] is forbidden, even though [it was cooked by two factors, one forbidden and one permitted]. [The rationale is] that at the time it was cooked with the forbidden wood, the permitted wood had not been introduced. Thus part of the cooking process was performed with permitted wood and part with forbidden wood.59The Kessef Mishneh gives two interpretations for this halachah. Our translation follows the first interpretation. The Kessef Mishneh, however, questions that interpretation, stating that seemingly, the fact that the pot in which the food was cooked was permitted would add another permitted factor and thus the food was never cooked in a totally forbidden setting. He therefore offers another interpretation, stating that here the Rambam is speaking about firing the pot in which the food was cooked. First it was fired with forbidden fuel, then it was fired with permitted fuel, and then food was cooked in it with permitted fuel. Since it was originally fired with forbidden fuel, it becomes forbidden and any food cooked in it is likewise prohibited. The Turei Zahav 142:9 favors the first interpretation, explaining that the situation resembles food cooked in an oven with forbidden fuel.", + "When a plant that is orlah becomes mixed together with other plants or a row of mixed species from a vineyard became mixed with other rows,60I.e., it was known that one plant or row was forbidden, but one was not able to identify the forbidden plant. It is somewhat difficult to conceive how a row of crops could not be recognized as mixed species growing in a vineyard. at the outset, one should gather all [the produce].61Significantly, in his Commentary to the Mishnah (Orlah 1:6), the Rambam rules that at the outset, it is forbidden to gather this produce. The leniency stated in this halachah applies only after the fact. The Kessef Mishneh states that the Rambam changed his mind, because the more lenient opinion is mentioned in the Talmud (Gittin 54b). If [the ratio of] permitted plants to forbidden plants was 200:1 or the ratio of forbidden rows to permitted ones is 200:1, everything that was gathered is permitted. If the ratio was less than this, all that was gathered is forbidden.
[One might ask:] Why is one permitted to gather [the produce] at the outset? Seemingly, the law should require that everything be forbidden for him until he undertakes the difficulty of removing the forbidden plant or row.62I.e., perhaps we should ordain a decree, forbidding benefit from the entire field, lest one intentionally mix a forbidden orlah plant into his vineyard. [It can be explained that that] a person will not cause his vineyard to be forbidden because of one plant.63Hence we do not fear that he will introduce a forbidden plant into the vineyard. Were he to be able to identify it, he would remove it.64I.e., we do not fear that he left the orlah plant intentionally.
In Hilchot Terumot 13:12, the Rambam rules more stringently with regard to terumah. A distinction between the two instances can be made, for terumah may be eaten by priests, while orlah is forbidden to everyone.
", + "It is forbidden to benefit from cheese that is made to harden using the syrup of orlah fruit that has not ripened,65In his Commentary to the Mishnah (Orlah 1:7), the Rambam states that it is common to use the white syrup that drips from underdeveloped figs as a catalyst to cause cheese to harden. the stomach66I.e., using the renin as a catalyst. of an animal offered as a sacrifice to false divinities, or vinegar made from the wine of a false divinity. Although the forbidden entity is being mixed with a substance of another type and a very small amount is used, [the cheese] is forbidden for [the effect of] the forbidden entity is obvious, for it [caused the milk] to harden into cheese.67See Chapter 3, Halachah 13. In his Commentary to the Mishnah (Avodah Zarah 2:5), the Rambam writes that the laws applying to a catalyst used to make cheese are more severe than those applying to spices and yeast (Halachah 1, for the latter can be nullified when they fall into a substance of another type) for the reason explained above. As the Radbaz explains, even without yeast a dough would be able to be baked and a dish could be served without spices, but without a catalyst, milk would never harden into cheese.", + "The law is that fruit that is orlah or from mixed species from a vineyard should be burnt.68Kiddushin 56b derives this from the exegesis of Deuteronomy 22:9, pen tikadeish, \"lest it become hallowed,\" interpreting it as pen tukad eish, \"lest it be consigned to fire.\" Liquids from [that fruit] should be buried, because it is impossible to burn liquids.", + "When wine that was poured as a libation to idols is mixed with [other] wine, it is forbidden to benefit from the entire mixture regardless of how small [the amount of forbidden wine], as we explained.69Chapter 15, Halachot 6-7.
When does the above apply? When the permitted wine is poured onto a drop of wine that had been poured as a libation.70The Siftei Cohen quotes Rishonim who rule that if a quantity of permitted wine that is 60 times the volume of the forbidden wine falls into the forbidden wine at the same time, the presence of the forbidden wine is nullified. The stringency mentioned by the Rambam applies only when the kosher wine is poured into the forbidden wine little by little. The Siftei Cohen rules that if a severe loss is involved, one may rely on this leniency. If, however, one poured wine that had been poured as a libation from a small bottle71I.e., a bottle from which the wine is poured one drop at a time. into a cistern of wine, its presence is nullified. Even if one poured the entire day, each individual drop becomes nullified, drop after drop.72The Radbaz states that this applies even if the majority of the mixture comes from the forbidden wine. Since each drop was nullified, the entire quantity is permitted. The Siftei Cohen 134:4 differs and requires that the permitted wine be 60 times the volume of the forbidden wine.
According to the Rambam, it is even permitted to drink the wine of the mixture. Rashi (Avodah Zarah 73a) rules that it is permitted to benefit from the wine, drinking it, however, is forbidden. And the Ra'avad rules that it is forbidden even to benefit from it. The Shulchan Aruch (Yoreh De'ah 134:1) quotes the Rambam's ruling.

If one pours from a jug,73I.e., a container with a large opening. the entire quantity is forbidden. [This applies] whether one pours permitted wine into forbidden wine or forbidden wine into permitted wine. [This stringency is enforced,] because the column of wine which descends from the large jug [creates a connection].", + "When even the smallest amount of ordinary [gentile] wine is mixed with [Jewish] wine, it is forbidden to drink [the entire mixture].74The Rama (Yoreh De'ah 134:2) rules leniently, stating that in the present era, since it is no longer customary to pour wine as libations to false divinities, one may be lenient and permit the mixture if there is 60 times more kosher wine than forbidden wine, provided the kosher wine is not poured into the forbidden wine in one column. Instead, it should be sold to a gentile in its entirety. The money [paid] for the forbidden wine should be cast into the Dead Sea.75I.e., cast into a place where one will not benefit from it. One may, however, benefit from the remainder of the money.76One may, however, destroy one jug and then benefit from the others - e.g., to use the wine as a dye - for it is possible that one will be benefiting directly from the forbidden wine. The advice suggested by the Rambam, by contrast, allows the Jew to benefit from the remainder of the wine without any possibility of benefiting directly from the forbidden wine.
The advice suggested applies only to jugs, for each jug is a separate entity. It does not apply when wine becomes mixed with wine, as indicated by the previous halachah (Avodah Zarah 74a).

Similarly, if a jug of wine poured as a libation had become intermingled with jugs of [kosher] wine, it is forbidden to drink the entire mixture.77See the Rama (Yoreh De'ah 134:2) who explains that this applies only when the jugs are large and therefore important as mentioned in Halachah 3. Otherwise, the presence of the forbidden jug can be nullified by a simple majority. One may, however, benefit from it, selling the entire mixture to a gentile and casting the money for the [forbidden] jug into the Dead Sea. The same applies with regard to a jug of ordinary [gentile] wine.78Seemingly, this ruling is obvious. The Kessef Mishneh states that it was added to emphasize the stringency that one must destroy the value of the forbidden jug.", + "When water is mixed into wine or wine is mixed into water, [the forbidden entity causes the mixture to be prohibited] if its flavor can be detected, because they are two different types of substances.79As stated in Chapter 15, Halachah 6.
When does the above apply? When the permitted liquid falls into the forbidden liquid. If, however, the forbidden liquid fell into the permitted liquid, the presence of it is nullified, drop after drop, provided it fell from a from a small bottle.80See Halachah 28.
Rav Moshe HaCohen questions how the presence of the forbidden entity can be nullified, since its flavor can be detected. Indeed, when quoting this law, Shulchan Aruch (Yoreh De'ah 134:3) states this leniency applies only when the taste of the forbidden substance cannot be detected.

How is it possible for water to be forbidden? If it was worshipped or if it was offered to a false divinity.", + "[The following law applies when] a pitcher of water fell into a cistern of wine and afterwards,81Avodah Zarah 73a emphasizes that the leniency mentioned in this halachah applies only when the water falls into the wine before the forbidden wine. If the forbidden wine falls in first, the permitted wine becomes prohibited. wine that was poured as a libation fell into it. [Initially,] we consider the permitted wine as if it did not exist,82And thus it is not automatically forbidden. We measure the water in relation to the wine poured as a libation. If it83I.e., the water alone. The permitted wine is not considered, for any amount of the forbidden wine mixed into it would cause the permitted wine to be prohibited. is [of sufficient volume] to nullify the taste of the wine poured as a libation, the water is more abundant than it and it nullifies [the forbidden wine] and the entire [mixture] is permitted.", + "When wine poured as a libation falls on grapes, one should wash them. They are permitted to be eaten.84For the forbidden wine will not have entered them. If the grapes have split open,85And thus the forbidden wine could enter. when the wine imparts its flavor to them, it is forbidden to benefit from them.86They may, however, be sold to a gentile, minus the increase in their value produced by the forbidden wine [Shulchan Aruch (Yoreh De'ah 134:8)].If not, it is permitted to partake of them. [This applies] whether the wine is aged or fresh.87Avodah Zarah 66a emphasizes that even if the fresh wine has the same flavor as the grapes, the grapes are not forbidden. For the wine is considered as a different type of substance.", + "When [forbidden wine] falls on figs, they are permitted, because wine impairs the flavor of figs.88Hence even if it imparts its flavor, the figs are not forbidden. Although the version of Avodah Zarah 5:2 which the Rambam relies on differs from the standard published text of the Mishnah, the Rambam's ruling is accepted as halachah by Shulchan Aruch (Yoreh De'ah134:9).", + "When wine poured as a libation falls on wheat, [the wheat] is forbidden to be eaten, but it is permitted to benefit from it. One should not sell it to a gentile, lest he sell it again to a Jew. What should be done instead? He should grind [the wheat] into flour, make it into bread, and sell it to a gentile outside the presence of a Jew.89This is permitted, for the gentile is paying for the bread alone. He is not paying for the wine at all. [In this way,] a Jew will not repurchase it from the gentile,90If, however, the Jew selling a fellow Jew selling bread to the gentile, he might purchase it from him. for the bread of a gentile is forbidden, as will be explained.91Chapter 17, Halachah 9. A Jew will have no way of knowing that this bread was not baked by the gentile. Hence he will refrain from purchasing it from him. In a place where it is customary to purchase bread from gentiles, there is no way of benefiting from the wheat [Shulchan Aruch (Yoreh De'ah 134:11)].
Why do we not check the wheat to see if [the wine imparted] its flavor? Because [the wheat] draws out the wine92As Avodah Zarah 65b states, the kernels of wheat are cracked and this causes them to absorb the wine (Lechem Mishneh; Shulchan Aruch, loc. cit.). and it becomes absorbed within it.93The Radbaz emphasizes that the taste of the wine becomes blended in with the taste of the wheat to the extent that it cannot be detected.", + "When wine poured as a libation becomes vinegar94The vinegar is forbidden, as the wine was. and falls into vinegar that comes from beer, even the slightest amount causes it to become forbidden. [The rationale is that] it is considered to have become mixed with the same type of substance, because they are both vinegar.95The fact that originally one was wine and one was beer is not significant.
When wine becomes mixed with vinegar, we see if [the forbidden entity] imparts its flavor.96If it does, the mixture is forbidden. If not, it is permitted. Even if the vinegar originally came from wine, it is considered as a different substance. [This applies] whether [forbidden] vinegar falls into wine97It is not automatically permitted, because vinegar impairs the flavor of wine, for there are some who prefer vinegar to wine (Rashba, as quoted by Turei Zahav 134:8). or [forbidden] wine falls into vinegar." + ], + [ + "When the meat of a nevelah or a crawling animal or teeming animal was cooked in an earthenware pot,1If the pot was made out of metal, it is possible to purge the flavor of the non-kosher food the pot absorbed through hagaalah. This process is not effective with regard to an earthenware pot. one should not cook the meat of a ritually slaughtered animal in that pot on that same day. If he cooked a type of meat [in the pot that day], the dish is forbidden.2Since the dish contains meat and the flavor of the forbidden meat was absorbed in the pot, the laws applying to a forbidden substance mixed with its own type apply. Since we do not know how much of the forbidden substance is absorbed in the pot, we assume that the entire pot is forbidden. For this reason, the Rambam does not mention that if there is 60 times the amount of the forbidden food in the kosher food, the kosher food is permitted. For it is very rare that a pot be able to contain sixty times its own volume (Radbaz). If he cooked another substance in it, [it is forbidden if] its flavor can be detected.3According to the Rambam, it should be tasted by a gentile to determine whether the forbidden flavor is detectable or not, as stated in Chapter 15, Halachah 30. As mentioned, the Shulchan Aruch (Yoreh De'ah 98:1) accepts the Rambam's premise, but the Rama states that in the present age, we do not rely on the statements of a non-Jew who tasted food to determine whether it is kosher or not.", + "The Torah forbade only [the use of] a pot that was [cooked with the forbidden substance] on that day.4The meaning of the Rambam's words is not clear. Rashi (Avodah Zarah 75b) interprets the term as meaning \"which has not been left overnight.\" Tosafot, by contrast, states that it means \"that has not been left for 24 hours.\" The Shulchan Aruch (Yoreh De'ah 103:5) follows the latter view. For [in that time,] the flavor of the fat absorbed in the pot had not been impaired.5After that time, however, the flavor is impaired and thus will not cause a substance cooked in the pot to become forbidden.
According to Rabbinic Law, one should never cook in it again.6This is a safeguard less cooking in a pot that had not been used for non-kosher food for a day lead to cooking in one that had been used for non-kosher food that day (Avodah Zarah, loc. cit.). For this reason, one should never purchase used earthenware utensils from gentiles to use them for hot foods, e.g., pots and plates. This applies even when they are coated with lead. If one purchased such a utensil and cooked in it from the second day onward, the food is permitted.7Our Sages did not enforce their decree after the fact. Nevertheless, at the outset, an earthenware pot that was used for non-kosher food may never be used.", + "[The following rules apply when] a person purchases metal or glass dinnerware from a gentile. Utensils that [the gentile] did not use at all should be immersed in the waters of a mikveh. Afterwards, it is permitted to eat and drink with them.8See Halachah 5 regarding the obligation for this immersion.
Utensils that he used for cold [food and drink], e.g., cups, flasks, and pitchers, he should wash them thoroughly9Lest any forbidden food be stuck to them. and immerse them. [Afterwards,] they are permitted. Utensils that he used for hot food: large pots, kettles, and pots used to heat food, should be purged through hagaalah,10This will purge any forbidden food that was absorbed in them. There should be at least one day between the last time a pot was used for non-kosher food and the time when hagaalah is performed. and immersed in the mikveh.11See Shulchan Aruch (Yoreh De'ah 121:2 which discusses what must be done if they were immersed in the mikveh before hagaalah was performed. Afterwards, they are permitted. Utensils that he used by exposing them to fire, e.g., spits and grills, should be exposed to fire12That the forbidden article and the utensil were in direct contact with fire without a medium of water or any other liquid. until they become white-hot and their outer surface falls off.13Only then will the forbidden flavor that was absorbed be purged. They may then be immersed and become permitted for use.", + "How is [the purging process of] hagaalah achieved? A small pot is placed into a large pot and they are filled with water until the smaller one is submerged.14In that way, there will not be any portion of it that is not exposed to the water. Then one must boil it very thoroughly.15I.e., we follow the principle: \"As it absorbed a forbidden flavor, so it purges it.\" Hence boiling it thoroughly will cause any forbidden taste that is absorbed to be purged.
If a large pot was [forbidden],16And thus it would be difficult to submerge it a larger pot. one should place dough or mud along its edge [so that] he could fill it with water so that it will flow over its edge.17And thus the boiling water will also cover the edge.He [then] boils it.
In all instances, if he used them before boiling [water in them for hagaalah], washing them thoroughly, making them white hot, or immersing them, [the food] is kosher. For any fat [absorbed] in them imparts an unpleasant flavor, as explained.18In Halachah 2.", + "The immersion of the dinnerware that is purchased from gentiles to allow it to be used for eating and drinking is not associated with ritual purity and impurity. Instead, it is a Rabbinic decree.19As the Jerusalem Talmud (Avodah Zarah 5:15) states, this immersion was instituted to mark the article's transition from the impurity of the gentiles.
There is an allusion20Most commentaries understand the Rambam as explaining that the requirement for immersion is an asmachta, i.e., an obligation that is essentially Rabbinic in origin. Although our Sages cited a verse that can be seen to allude to it, the intent is not that the obligation is derived from the verse. Instead, the verse is merely a hint which the Rabbis found to allude to their teaching (Rabbenu Nissim).
There are, however, others who note that the Rambam occasionally employs the term he employs here - midvrei sofrim - to refer to obligations and laws that are of Scriptural origin. They are not explicitly stated in the verse, but instead derived through the principles of Biblical exegesis. According to this view, the obligation is of Scriptural origin (the Rashba, Vol. III, Responsum 255, 259).
to this [in Numbers 31:23 that describes Moses' instructions with regard to the spoils taken from Midian:] \"Everything that can be passed through fire, you shall pass through fire and it will become pure.\" According to the Oral Tradition, we learned that the verse is speaking only about purifying [the utensils] from gentile cooking, not from ritual impurity. For there is no ritually impurity that is dispelled by fire. All those who are impure ascend from their impurity through immersion and the impurity stemming from [contact with] a human corpse is [dispelled] through the sprinkling [of water and the ashes of the red heifer]. There is no concept of fire [employed in this context], rather [it is employed] with regard to purification from gentile cooking. Since the verse states \"and it will become pure,\" our Sages said: \"Add to it another dimension of purity after passing it through fire to cause it to be permitted because [of its contact] with gentile cooking.\"21I.e., after you have purged it from the taste absorbed because of gentile cooking, add another dimension of purity through immersion.", + "[Our Sages] obligate this immersion only for metal22This requirement also applies to glass dinnerware, as stated in Halachah 3.
Avodah Zarah 75b explains the association with metal utensils as follows. Our Sages associated this obligation with the purification of the spoil taken in the war against Midian and the verse which mentions those spoils (Numbers 31:22 refers to metal utensils. Glass utensils are also included, because, halachically, they share similarities to metal utensils.
dinnerware utensils23I.e., utensils used to prepare, serve, or partake of food. Even utensils that are used in the preliminary phases of preparation of food, e.g., a knife used to slaughter or skin an animal, are required to be immersed according to certain authorities [Shulchan Aruch (Yoreh De'ah 120:5)]. that were purchased from a gentile. When, however, a person borrows [such utensils] from a gentile or a gentile left him such utensils as security, it is only necessary to wash them thoroughly, boil them, or expose them to fire. He does not have to immerse [them].24For even though he has permission to use them, he has not become their owner. The Kessef Mishneh quotes certain opinions that maintain that utensils taken as security must be immersed, because if the debt is not repaid, they are considered as payment [see Shulchan Aruch (Yoreh De'ah 120:5).
In this context, there are many authorities who question why the utensils that are \"purchased\" by a gentile before Pesach are not required to be immersed.
Similarly, if one purchased wooden or stone utensils, it is only necessary to wash them thoroughly, boil them, or expose them to fire. Similarly, earthenware utensils need not be immersed.25Needless to say, plastic utensils need not be immersed. If, however, they are coated with lead, they are considered as metal utensils and require immersion.26The Rama ((Yoreh De'ah 120:1) states that they should be immersed without a blessing.", + "When a person purchases a knife from a gentile, he must expose it to fire until it become white hot or have it honed in its sharpener.27By exposing the knife to fire, the person will burn away any non-kosher substances. By honing it, he will grind away its surface and together with it, the taste of the forbidden substance it absorbed. If it was a perfectly [smooth] knife without any blemishes, it is sufficient to insert it in hard earth ten times.28One must insert it in ten different places in the earth. It is not sufficient to insert it in the same place ten times [Tur and Shulchan Aruch (Yoreh De'ah 121:7)]. [Afterwards,] one may eat cold food with it.29For sticking it into the earth will remove any traces of forbidden fat on its surface and the taste of forbidden food that is absorbed will not be released when it is used for cold food. If it had blemishes or it was perfectly [smooth], but one desired to use it to eat hot food or to slaughter with it, he should expose it to fire until it becomes white hot or hone it in its entirety.30These activities may cause any forbidden taste absorbed by the knife to be released. Hence before the knife is used, the traces of the forbidden flavor must be removed as above.
The Rama (Yoreh De'ah 121:7) quotes opinions that maintain that honing the knife is not sufficient to allow it to be used for hot foods. He states that this is accustomed practice. Even so, after the fact, if a person slaughtered an animal with a knife that was honed in a grinder, thre is no prohibition involved (Siftei Cohen 121:20).
If he slaughtered [an animal] with such a knife before purifying it, he should wash thoroughly the place of slaughter.31To remove any traces of forbidden fat that might be present.
This is permitted only after the fact. At the outset, it is forbidden to slaughter with such a knife unless measures are taken to remove the absorbed fat (Siftei Cohen 10:8).
If he removes the surface [of the meat around the place of slaughter], it is praiseworthy.32For according to some opinions, through the slaughter of the animal, the forbidden fat on the knife can become absorbed in the surface of the meat where the animal was slaughtered. Hence it is necessary that it be removed. The Rama (Yoreh De'ah 10:1) rules that it is necessary to take this measure and remove the surface of the meat.", + "When a knife was used to slaughter an animal that was trefe, one should not slaughter with it [again] until it is washed thoroughly, even with cold water or wiped clean with worn-out clothes.33To remove any trace of forbidden blood or fat. Nothing more is necessary, we do not say that the blood or fat became absorbed in the knife.
The Turei Zahav 10:15 states that unlike a knife used by gentiles mentioned in the previous halachah, it was not used frequently with a non-kosher substance. Hence washing it thoroughly is sufficient.
", + "There are other substances which are forbidden by the Sages. Even though there is not a basis for their prohibition in Scriptural Law, they decreed against their use34These decrees were about the eighteen decrees passed when the students of the School of Shammai outnumbered the students of the School of Hillel, as related in Shabbat 1:3 (the Rambam's Commentary to the Mishnah, Avodah Zarah 2:6). to separate from the gentiles so that Jews will not intermingle with them and intermarry. They are: It is forbidden to drink [alcoholic beverages] with them35See the following halachah. even in a place where there was no suspicion that the wine was poured as a libation. And they forbade eating from their bread or cooked dishes36See Halachot 12-24. even in a place where there is no suspicion that the food was forbidden.37E.g., the food was cooked by gentiles on Jewish premises (the Rambam's Commentary to the Mishnah, loc. cit.).", + "A person should not drink at a party of gentiles even though boiled wine which is not forbidden38See Chapter 11, Halachah 9. [is being served] or he is drinking from his own utensils. If the majority of the attendants of the party are Jewish, it is permitted.39The Tur and the Shulchan Aruch do not mention this restriction or the accompanying leniency. The Beit Yosef (Yoreh De'ah 112) explains the Rambam's logic as follows: Avodah Zarah 30a relates that one of the Sages, Shmuel was sitting with Abalat, a gentile. They were served boiled wine. Abalat withdrew, lest he touch the wine and cause it to become forbidden. Shmuel called him back, telling him there was no prohibition against boiled wine.
Rabbenu Asher asks: Since the prohibition against gentile wine was instituted as a protection against intermarriage, what difference does it make whether the wine is boiled or not? He answers that boiled wine is not common. Hence our Sages did not include it in their decree.
Rambam maintains that boiled wine is common and hence included in our Sages' decree. For this reason, it is forbidden to drink it together with gentiles. How then could Shmuel drink with Abalat? Because there were a majority of Jews at the gathering and such a situation is not included in our Sages' decree.
We may not drink the beer that they make from dates, figs, or the like. [This is forbidden] only in the place where they are sold.40Thus according to the Rambam [and the Shulchan Aruch (Yoreh De'ah 114:1) who quotes his ruling, it is forbidden to drink at a bar frequented primarily by gentiles. The Rama mentions that it is customary in the Ashkenazic community to rule leniently with regard to alcoholic beverages made from honey and grain. If, however, one brought the beer home and drank it there, it is permitted. For the fundamental point of the decree is that one should not feast with [a gentile].", + "It is permitted to drink wine from apples, pomegranates, and the like in every place. [Our Sages] did not institute a decree in an uncommon situation. Raisen wine is like ordinary wine and is used for libations.41Hence a gentile's touch renders it forbidden.", + "Although [our Sages] forbade bread [baked] by gentiles, there are places where leniency is shown regarding this matter and bread baked by a gentile baker is purchased in a place where there is no Jewish baker and it is in a field, because this is a pressing situation.42Because bread is a staple of life and there is no Jewish bread available, our Sages allowed for leniency when purchasing bread from a commercial baker. For buying from him will not lead to close personal relationships. Nevertheless, according to the Rambam, this leniency is granted only: where there is no Jewish bakers and in the fields, not in the cities. The Shulchan Aruch (Yoreh De'ah 112:2) rules more leniently and does not forbid this in a city. The Rama rules even more leniently and allows the purchase of bread from a gentile baker even in places where bread from a Jewish baker is available. There is, by contrast, no one who will rule that leniency may be shown with regard to bread baked by a homeowner.43There are opinions which maintain when there is no bread from a commercial baker available, one may even use bread baked by a gentile homeowner [Shulchan Aruch (Yoreh De'ah 112)]. The Rama states that one may accept this leniency. For the primary reason for [our Sages'] decree was [to prevent] intermarriage. If one will eat the bread of a [gentile] homeowner, [it is likely that] he will feast with him.", + "[The bread] is permitted [in the following situations]: A gentile lit the oven and a Jew baked within it, a Jew lit the oven and the gentile baked within it, the gentile both lit the oven and baked, but the Jew stirred the fire or reduced it, since he was involved in the baking tasks, [we rule leniently]. Even though he did not do more than throw one piece of wood into the oven, he caused all the bread in it to be permitted. [The rationale is that this requirement] is only to make a distinction that [a gentile's] bread is forbidden.44The Radbaz states that this leniency applies only with regard to baking bread. With regard to cooking, a Jew must take a more active role in the cooking process. This ruling is quoted by the Shulchan Aruch (Yoreh De'ah 113:7). The Rama, however, differs and maintains that kindling the oven is sufficient for cooking as well.", + "When a gentile cooks wine, milk, honey, quince,45There is a slight difficulty with the Rambam's statements, because quince are only edible when cooked. or the like, i.e., any entity that is usually eaten raw, it is permitted. [Our Sages] issued their decree only with regard to entities that are not eaten at all raw, e.g., meat, unsalted fish, an egg, and vegetables. If a gentile were to cook them from the beginning to the end without the Jew participating in the cooking at all, they are forbidden because they were cooked by gentiles.", + "When does the above apply? To [food] that would be served on the table of kings46Today, when monarchy is a point of history, the phrase \"fit to be served on the table of kings\" refers to food served at a dinner for the President or dignitaries of similar status. to be eaten together with bread,47Avodah Zarah 38a gives this and the leniency mentioned in the previous halachah as alternate explanations when food cooked by gentiles is permitted. Since the matter is left unresolved by the Talmud, the Rambam and the subsequent authorities rule leniently in both situations. e.g., meat, eggs, fish, and the like. When, by contrast, [food] would not be served on the table of kings to be eaten together with bread, e.g., vetch48A legume used as cattle fodder, but also served to humans on occasion. cooked by gentiles, it is permitted despite the fact that it is not eaten uncooked. Similar laws apply in all analogous situations. For the fundamental purpose of the decree was to prevent intermarriage, by [hindering] a gentile from inviting [the Jew] to a feast. And when [food] would not be served on the table of kings to be eaten together with bread, a person would not invite a friend [to share a meal] of it.", + "When small fish were salted by a Jew or a gentile,49The Kessef Mishneh states that this is speaking about fish that are frequently served salted even without being cooked (e.g., sardines or herring served in brine). It is permitted to eat such fish for, as the Rambam states in the following halachah, in this context, salting is not considered as cooking. This leniency does not apply to large fish, for they are unfit to be eaten unless they are cooked or roasted. The Shulchan Aruch (Yoreh De'ah 103:12) mentions this ruling, but also a dissenting view that allows leniency even with regard to large fish. it is as if they have undergone part of their cooking process. [Therefore] if a gentile roasted them afterwards, they are permitted.50Since they were fit to be eaten before they were roasted, the fact that they were roasted by a gentile afterwards does not cause them to be forbidden. This applies even when a gentile performed the salting. For that salting did not cause the fish to become forbidden and yet, it made it fit to be eaten (ibid.). [Similarly,] whenever a Jew performs a small part of the cooking process, whether at the beginning or at the end, [the food] is permitted. Accordingly, if a gentile placed meat or a pot on the fire and the Jew turned over the meat or stirred the pot or, conversely, the Jew placed [the food on the fire] and the gentile completed [the cooking process], [the food] is permitted.51In his Kessef Mishneh, R. Yosef Caro rules that this applies only when the cooking process would have been completed without the gentile's activity; the gentile merely hastened it. He does not, however, quote this ruling in his Shulchan Aruch. The Rama (Yoreh De'ah 113:6) rules that even if the food would not have cooked without the gentile's activity, it is permitted. The Turei Zahav 113:6 and the Siftei Cohen 113:8, however, raise questions concerning that leniency.", + "When a gentile salts fish or smokes fruit and in this way prepares them to be eaten, they are permitted. With regard to this decree,52In contrast to certain other halachic contexts. salted food is not considered as if it were boiling hot, nor is smoking considered as cooking. Similarly, kernels of grain roasted by a gentile are permitted. They were not included in the decree, for a person will not invite a colleague53See the conclusion of Halachah 15. to [come and eat] roasted kernels of grain.", + "Beans, peas, lentils, and the like that have been cooked by gentiles and are sold are forbidden because of [the decree against] gentile cooking in places where they are served on the tables of kings54Implied is that the designation of a food as important enough to be served on the tables of kings is a relative matter, determined by each locale in accordance with its own practice (Makor Mayim Chayim). as a relish. [They are also forbidden,] because of prohibited foods in all places for perhaps they were cooked together with meat55For this is frequently done in order to flavor beans. or in a pot in which meat had been cooked.56I.e., cooked that day. The Kessef Mishneh states that, according to the Rambam, we assume that a pot owned by a gentile had been used to cook non-kosher food that day. This is not the view of the majority of Halachic authorities. Similarly, doughnuts that are fried by gentiles in oil are forbidden because of prohibited foods.57For we fear that the gentile used non-kosher fat or that the fryer in which they are prepared was used that day for non-kosher meat.", + "When a gentile cooked without intending to cook, [the product] is permitted.58When quoting this law, Shulchan Aruch (Yoreh De'ah 113:5) emphasizes that if the gentile intends to cook, even if he did not intend to cook a particular substance, that substance is forbidden. For example, when a gentile lit an oven with the intent of cooking food without realizing that there was meat in the oven, the meat is forbidden. What is implied? A gentile lit a fire in a swamp to clean away the overgrowth and grasshoppers were roasted, it is permitted to eat them. [This applies] even in places where they are served on the tables of kings as a relish. Similarly, if he scorches a [kosher animal's] head to remove its hair, it is permitted to partake of the strings of meat and the tips of the ears that were roasted at the time of the scorching.", + "[The following rules apply to] dates that were cooked by gentiles. If, initially, they were sweet, they are permitted.59Since they can be eaten fresh, they are not forbidden when cooked (Halachah 14). If they were bitter and the cooking sweetened them, they are forbidden. If they were of intermediate sweetness, they are forbidden.", + "Roasted lentils that were kneaded with water or with vinegar are forbidden.60Avodah Zarah 38b relates that it was customary to eat a dish made from roasted lentils mixed with vinegar. This was considered like cooking. As a safeguard against partaking of such a mixture, they also forbade roasted lentils mixed with water. It was not, however, customary to partake of grain mixed with vinegar. Hence, there was no reason to forbid grain mixed with water. When, however, roasted kernels of wheat or barley are kneaded with water, they are permitted.", + "The oil of gentiles is permitted. One who forbids it commits a great sin, for he rebels61The wording the Rambam uses alludes to the Biblical prohibition of the rebellious elder (see Deuteronomy, ch. 17, and Hilchot Mamrim, ch. 3). The Jerusalem Talmud (Avodah Zarah 2:8) relates that Rav once refused to partake of gentile oil. Shmuel ordered him to do so. \"If not,\" he threatened, \"I will have you labeled a rebellious elder.\" against [the teachings] of the [High] Court who permitted it.62Avodah Zarah 35b states that Rabbi Yehudah HaNasi and his court permitted gentile oil to be used. Even if the oil was cooked, it is permitted. It is not forbidden because of gentile cooking, because we partake of oil uncooked. Nor is it forbidden, because of prohibited foods,63I.e., the flavor of forbidden meat absorbed in the pot. because meat impairs [the flavor of] oil and spoils it.", + "Similarly, when gentile honey was cooked and sweets were made from it, it is permitted for the same reason.64I.e., because it is ordinarily eaten raw and because meat spoils its flavor.", + "Date dregs65Which would be boiled to make beer. of gentiles that were heated in hot water, whether in a large pot or a small pot, are permitted.66Avodah Zarah 38b originally postulates that only date dregs cooked in small pots with openings too narrow to put in non-kosher meat are forbidden. The conclusion of the passage, however, permits even date dregs cooked in large pots for the reason mentioned by the Rambam. For the [flavor of forbidden meat absorbed in the pot] impairs its flavor. Similarly, pickled foods to which it is not customary to add vinegar or wine or pickled olives or pickled grasshoppers that are brought from the storehouse are permitted.67In some halachic contexts, pickling is considered as cooking. Nevertheless, with regard to this prohibition, our Sages ruled leniently. We do not forbid them because of the suspicion that wine or vinegar will be sprinkled over them, because wine or vinegar would not be sprinkled over them in the storeroom, only in a retail outlet [Rashi (Avodah Zarah 39b)]. Nevertheless, grasshoppers and pickled foods over which wine is sprinkled are forbidden.68Because of the gentile wine. Similarly, they are forbidden if vinegar - even vinegar made from beer - is sprinkled over them.69As stated in Chapter 11, Halachah 13, vinegar made from gentile wine is forbidden. And as indicated in the next halachah, other types of vinegar are also forbidden.", + "Why is gentile vinegar made from beer forbidden? Because they cast the dregs of wine into it. Therefore [vinegar] taken from a storage room is permitted.70For if wine dregs were cast into the vinegar in the storage room, it would spoil (Avodah Zarah 32b). In a store, however, we assume that it will be sold quickly and in that brief time, it will not spoil (Turei Zahav 114:5).", + "[Gentile] fish brine, in places where it is customary to mix wine into it, is forbidden. If the wine is more expensive than the fish brine, it is permitted. We rule this way in all instances where we suspect that the gentiles mixed a forbidden substance [into a permitted substance]. For a person will not mix something expensive into something that is low-priced, for he will lose. He will, however, mix the low-priced into the expensive, for then he profits.", + "When a child eats forbidden foods or performs a forbidden labor on the Sabbath,71Although the Rambam's wording in Hilchot Shabbat 24:11 might lead one to think that one must rebuke a child for performing a task forbidden by Scriptural Law, both the Maggid Mishneh and the Kessef Mishneh explain that his statements there should be interpreted within the context of his statements here. the Jewish court is not commanded to make him cease, because he is not intellectually capable.72Hence, he is not responsible for his actions.
When does the above apply? When he acts on his own initiative.73Note, however, the Rama (Orach Chayim 243:1) which quotes opinions that maintain that once a child has reached the age where he is fit to be educated in the observance of the mitzvot, the court - and every individual person - is obligated to rebuke for transgressing. It is, however, forbidden [for an adult] to give him [non-kosher food] by hand. [This applies even] to foods forbidden by Rabbinic decree. Similarly, it is forbidden to make him accustomed to desecrating the Sabbath and the festivals.74To give a contemporary example, a parent cannot have a child turn lights on and off on the Sabbath. [This applies] even to [performing] activities forbidden as a shvut.75As the Rambam explains in Hilchot Shabbat 21:1, the term shvut refers to activities forbidden by Rabbinic Law, because they resemble forbidden labors or because they might lead one to commit a forbidden labor.
Note, however, the Shulchan Aruch HaRav 243:1 which rules that when there is a necessity, not even a severe necessity, Rabbinic prohibitions can be overstepped with regard to a child.
", + "Although the Jewish court is not commanded to separate a child from transgressions, his father is commanded to rebuke him so that he withdraws in order to train him in holy conduct, as [Proverbs 22:6] states: \"Educate a child according to his way.\"76This is a general charge, applying to the Torah and its mitzvot in their totality.", + "Our Sages77See the notes to the following halachah with regard to whether these restrictions are of Scriptural or Rabbinic origin. forbade [a person from partaking of] food and drink from which the souls of most people are revolted, e.g., food and drink that were mixed with vomit, feces, foul discharges, or the like.78The Radbaz states that one partake of such foods for curative purposes if necessary. Similarly, our Sages forbade eating and drinking from filthy utensils from which a person's soul languishes, e.g., the utensils of a lavatory, the glass79The Bayit Chadash (Yoreh De'ah 116) states that this also applies to metal utensils. The Rambam mentions glass only because that was the ordinary practice at that time. utensils of medical attendants that are used to let blood, and the like.", + "Similarly, they forbade eating with unclean and soiled hands and with dirty utensils. All of these matters are included in the general [prohibition]: \"Do not make your souls detestable.\" A person who partakes of these foods is given stripes for rebellious conduct.80See the Beit Yosef (Yoreh De'ah 116) who debates whether the prohibition mentioned in this and the previous halachah are of Rabbinic or Scriptural origin. It is possible to explain that the restrictions were instituted by the Rabbis and they employed the Biblical verse merely as an asmachta, an allusion and a hint, but not a source per se.
The wording of the Rambam here and his statements in Sefer HaMitzvot (negative commandment 179) imply that the prohibition itself is Scriptural in origin. The only reason a person is not given lashes is because the simple meaning of the verse refers to the prohibition against teeming animals.
", + "Similarly, it is forbidden for a person to delay relieving himself at all, whether through defecation or urination.81See Shulchan Aruch HaRav, Mahadura Basra 3:11 which mentions several points concerning this restriction:
a) Our Sages did not, however, require their ordinance to override considerations of public embarrassment. For example, [a person is allowed to wait] until he finds a private place to relieve himself or until he will not be causing an interruption in prayer.
b) The Rashba maintains that the prohibition \"not [to] make your souls detestable\" does not apply to deferring urination. c) Whenever one can contain himself, whether from urinating or from eliminating, for the length of time it takes to walk a parsah (a Persian measure equal to approximately four kilometers), all opinions agree that the prohibition \"not [to] make yourselves loathsome\" does not apply.
Anyone who delays relieving himself is considered among those who make their souls detestable in addition to the severe illnesses he brings upon himself and becoming liable for his life. Instead, it is appropriate for a person to train himself [to eliminate] at specific times so that he will not have to separate himself in the presence of others and not have to make his soul detestable.", + "Whoever is careful concerning these matters82It would appear that the Rambam's intent is not only the subjects spoken about in the last halachot, but also the totality of the laws of kashrut. brings an additional measure of holiness and purity to his soul and purges his soul for the sake of the Holy One, blessed be He, as [Leviticus 11:44] states: \"And you shall sanctify yourselves and you will be holy, for I am holy.\"" + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ] + ], + "heTitle": "משנה תורה, הלכות מאכלות אסורות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Kedushah" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file