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I'm trying to tighten up my answer on Haman and prepare for my Purim Derashah. Does anyone know if כחל of a Ḥayah Tehorah has the same Din as a Behemah Tehorah?

FYI, I want to change the words "Kosher animal" in that answer to "Behemah Tehorah", but I need to be 100% sure before I do. I'm just too tired now to connect all the dots to be totally sure of it. Are there any explicit sources?

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I'm pretty sure because of a Din mentioned within the answer that the change is correct. Still, does anyone know of a source that explicitly states that the Din of כחל does not apply to a Ḥayah? –  Seth J Mar 5 '12 at 16:51
    
I guess "specifically" would be a better word than "explicitly". I'm still tired. Last night was a late night of writing and editing. –  Seth J Mar 5 '12 at 17:16
    
@Vram, I don't think it is the same. Meaning, the Heter is unnecessary. There's no Isur to begin with in cooking a Ḥayah with milk, and eating it is only DeRabanan. Maybe MiDeRabanan the Halachah is parallel to the Behemah, but I'm not sure why it should be so. See the Din mentioned in that answer and above (and now here again). –  Seth J Mar 5 '12 at 18:55

1 Answer 1

Woops! Sorry.

Rambam in Hilchot Mamrim 2:9 says the laws of milk & meat are biblically identical whether the animal is "domesticated" or "wild." Hence any rules regarding udder meat would be the same.

יד כיצד: הרי כתוב בתורה "לא תבשל גדי, בחלב אימו" (שמות כג,יט; שמות לד,כו; דברים יד,כא). ומפי השמועה למדו שזה הכתוב, אסר לבשל ולאכול בשר בחלב--בין בשר בהמה, בין בשר חיה; אבל בשר עוף, מותר בחלב מן התורה.

But as pointed out, Rambam elsewhere (Ma'achalot Asurot 9:4) & Mechaber say it's only rabbinic. Hm, good question!

But as far as I know the laws would be same.

Thanks everyone for correcting me!!

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Who's "we"? Clearly the Meḥaber holds differently. –  Seth J Mar 5 '12 at 19:03
    
The Rambam here could not be any more explicit. –  Double AA Mar 5 '12 at 19:11
    
Whoa, Stira in the RaMBa"M?! The Sha"Ch (in my previous link) says RaMBa"M even admonishes and says it's Bal Tosif to say it is Asur MiDeOraitha (last line of the Sha"Ch, S"K 4). –  Seth J Mar 5 '12 at 19:17
    
That is a famous stira in the Rambam, but everyone I know of solves the problem by "lav-davka"ing the Mamrim one. See Kesef Mishna in Mamrim for example. –  Double AA Mar 5 '12 at 19:19
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@Vram I used Hebrewbooks because it has the kesef mishna available for viewing where he gives a similar but not identical answer to R Kapach. –  Double AA Mar 5 '12 at 20:17

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