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Another question asks whether meat of a non-kosher species (Behemah Temeiah or Hayah Temeiah) makes one Fleishig (considered to have eaten meat, so cannot eat milk). My question then is about kosher species that are slaughtered incorrectly (Neveilah) and about kosher species slaughtered correctly but found to be a Tereifah. Does that make a person Fleishig?

I don't really think it should matter whether someone ate the meat BeHeter or BeIsur. What seems to be important is the type of animal it is.

So:

  1. Meat of a Behemah Tehorah, slaughtered correctly, may not be eaten cooked with milk from a Behemah Tehorah.

  2. Meat of a Behemah Tehorah, slaughtered correctly, may not be eaten cooked with milk from a Hayah Tehorah by rabbinic injunction.

  3. Meat of a Hayah Tehorah, slaughtered correctly, may not be eaten cooked with milk of either a Hayah Tehorah or a Behemah Tehorah, by Rabbinic injunction.

    But what about:

  4. Meat of a Behemah Tehorah, slaughtered incorrectly or

  5. Meat of a Hayah Tehorah, slaughtered incorrectly or

  6. Meat of a Behemah Tehorah found to be a Tereifah?

In other words, such meat is totally not Kosher, but if you eat it anyway, are you Fleishig?

Furthermore:

If the answer to the above is no, such non-Kosher meat has no Din of meat and milk prohibition, then if you have a Heter to eat such non-Kosher meat, can you eat it cooked with milk?

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To clarify, you aren't talking about cooking anything together, right? So even Beheimah Tehorah meat with Beheimah Tehorah milk is also a rabbinic injunction. – Double AA Dec 19 '12 at 19:54
@DoubleAA, I've edited it. – Seth J Dec 19 '12 at 19:57
@DoubleAA, thanks for that edit! – Seth J Dec 19 '12 at 20:21
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Wow, you guys have been busy. Thank you all for your edits and improvements. Ping @msh210 – Seth J Dec 20 '12 at 13:45
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2 Answers

Since "ein issur chal al issur," you cannot have a prohibition on top of a prohibition, and since eating neveilah is already prohibited, you are not violating the prohibition of eating basar-chalav if you were to eat it with milk. Therefore, since eating basar-chalav does not apply to it seems that it would not make you fleishig.

The Rambam goes even further and says that the prohibition of deriving benefit also doesn't apply with neveilah meat.

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You're missing some steps in your logic. Eating milk and meat together is a rabbinic prohibition, not a biblical one, so the principle of "ein issur..." might not apply in the same way. Additionally, note that most Rishonim disagree with this wondrous point of the Rambam. The simpler understanding is that Basar beChalav does apply to Nevelah because it is a wider prohibition in that it prohibits deriving benefit as well. – Double AA Jan 25 at 15:37

IIRC the Gemara (see Besa 12a-b) says there that eating Gid HaNashe with milk is a prohibiton of Basar BeHalav. It would seem that it would also make you Fleishig since the meat isn't kosher but there is still the isur of Basar BeHalav.

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"If if you remember correctly": sounds like the beginning of a formal logic problem – Double AA Jan 25 at 4:12
I understand the word formal, logic, and problem but I don't understand them together. Please explain. – Hacham Gabriel Jan 25 at 4:14
en.wikipedia.org/wiki/Formal_logic#Formal_logical_systems A problem might involve symbolizing and proving the validity of things like: if P and if Q then if Q then R or not P then if Q then P and R. [This would be symbolized something like: (P & (Q -> (Q -> R v -P))) -> (Q -> P & R) ] – Double AA Jan 25 at 4:22
@DoubleAA if you have an argument please explain. – Hacham Gabriel Jan 25 at 5:00
Sorry, I was commenting how you wrote "If IIRC". IIRC stands for If I Remember Correctly. So you essentially wrote: If If I Remember Correctly which is redundant and a very unusual formulation to use outside of formal logic problems. – Double AA Jan 25 at 6:48
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