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Beitzah 12b seems to undermine RaMBa"M's Nekudah Niflaah that cooking and enjoying (not eating) Basar Tehorah Neveilah with milk is Mutar.

Beitzah 12a-12b has R' Yohanan appalled at the suggestion that someone who cooked Gid HaNasheh with milk on Yom Tov and ate the product is given five separate sets of lashes:

  1. Cooking Gid on Yom Tov (there's no purpose for the product, since it's not Kosher, so there's no Ochel Nefesh).
  2. Eating Gid.
  3. Cooking meat and milk (not specifically on Yom Tov; just the general prohibition against cooking such a mixture).
  4. Eating meat and milk that were cooked together.
  5. Burning on Yom Tov (see 1).

He responds with shock and dismisses all the Yom Tov cooking violations because of Ochel Nefesh. But he doesn't say he's exempt from the lashes of cooking or eating meat and milk together.

Doesn't this undermine RaMBa"M's point that Kosher-species meat that is unKosher for other reasons is exempt from the added prohibitions of meat/milk mixtures?

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Perhaps it undermines only the Rambam's claim that the point is "wondrous": it was so obvious to Rabi Yochanan that he didn't feel a need to mention it. :-) –  msh210 Apr 27 at 6:10
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2 Answers 2

The Rambam never permitted cooking Nevelah meat with milk. He only permitted deriving benefit from the mixture. Cooking Nevelah meat with milk is still prohibited (Maachalot Asurot 9:6).

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Firstly, one must distinguish between Gid Hanasheh and Achilat Neveilah. Secondly one must distinguish between the Nekudah Hanifla'ah and the principle of Ein Issur Chal Al Issur. Finally we must deal with why the principle of Ein Issur Chal Al issur doesn't apply when cooking the Gid Hanashe with milk. This final question strikes me as extremely interesting.

Gid Hanashe is a nerve found within the hindquarter of a kosher animal, while a neveilah is an animal which has not been killed with a kosher shechitah.

The principle of Ein Issur Chal al Issur states that once something is prohibited, additional reasons for prohibiting it do not take effect. The Nekudah hanifla'ah says that milk and neveilah isn't an exception to Ein Issur Chal al Issur despite the fact that it seemingly falls under the category of issur mosif. This is explained more thoroughly in the link you provided.

The reason Gid Hanasheh is prohibited to mix with milk despite ein issur chal al issur is in my opinion due to the fact that Gid Hanasheh has a Tzvei Dinim (dual nature) of being both meat and Gid Hanasheh. Although the prohibition to eat the Gid Hanasheh is already in place at the time of cooking the meat with milk, since any meat which wasn't part of the Gid Hanashe would become "treif" through the cooking process, we can apply the principle of Issur Kolel (Issur Kolel What is it?) to extend this new prohibition to even the Gid Hanasheh.

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What is the isur of cooking nevelah onto which the isur of cooking basar bechalav can't be chal? –  Double AA Apr 27 at 6:59
    
That is the Rambam's Nekudah hanifla'ah: Where there is no issur achilah of basar b'chalav, there is no issur of cooking or hana'at basar b'chalav. As such, cooking nevelah b'chalav is not problematic. Hence its name as the Nekudah Hanifla'ah. –  Yehuda Apr 27 at 7:03
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Then why does the RAMBAM prohibit cooking Nevelah in milk? mechon-mamre.org/i/5209.htm#6 You are not correct about what the Nekudah Niflaah is. –  Double AA Apr 27 at 7:04
    
Oops, I apologize, I misremembered. If there is no issur achilah, there is no issur hana'ah, but there is presumably still an issur bishul: hebrewbooks.org/pdfpager.aspx?req=37948&st=&pgnum=150 –  Yehuda Apr 27 at 7:12
    
I just now saw your comment. My answer was meant to answer the question why he is lashed for eating basar b'chalav as is evident in the gemara beitzah (One of the five sets of lashes). While your answer answers the question as it is asked, it fails to answer the core of the question: why ein issur chal al issur does not apply. –  Yehuda Apr 27 at 13:33
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