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.


  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?


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?

  • 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
    Commented Dec 19, 2012 at 19:54
  • @DoubleAA, I've edited it.
    – Seth J
    Commented Dec 19, 2012 at 19:57
  • 1
    per meta.stackexchange.com/a/95006/166155
    – Double AA
    Commented Dec 19, 2012 at 20:26
  • Closed before I saw the comments here, sorry. And you're right that the other question only seems to be about non-kosher species (its wording is broader, but its title and answers are about non-kosher species only). So I'll bl"n edit this one to be about n'velos utrefos only and the other to be about species only, and reopen this one. Please comment here further (pinging me if addressing me) to voice objections or other views. Ping @yydl
    – msh210
    Commented Dec 20, 2012 at 6:08
  • 1
    Wow, you guys have been busy. Thank you all for your edits and improvements. Ping @msh210
    – Seth J
    Commented Dec 20, 2012 at 13:45

3 Answers 3


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.


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.

  • 2
    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
    Commented Jan 25, 2013 at 15:37
  • @DoubleAA's second point seems the more important one. Rambam is really an outlier on whether neveilah is "basar" for BBC purposes. See mefarshim to the beginning of YD 87.
    – Avraham
    Commented Apr 17, 2023 at 21:11

ein issur chal al issur does not apply to an issur kollel which I believe bassar vecholov is to treifah (as in gid hanashe ).

As far as I understand the gzeiros rabanim you mentioned, are to prevent misunderstanding between meats that are begeder "lo sevashel", and those that aren't. There's a klal "ein gozrim al davar sheaino matzui", ( I'm paraphrasing don't know proper quote atm but concept is for sure true) which would apply here, and that would not apply to gid hanashe which is in the same category as other meat of the same animal, and is very similar to regular meat.

The above definitely applies to a specific heter which is for sure "eino motzui" and I believe should apply to all non-kosher meat as well (unconfirmed).

However for a treifah I wouldn't know any good reason for it not to be an issur unless "ein issur chal..." would apply but as stated above my understanding is that it does not.

In conclusion:

  1. in regards to any non-kosher animal which a heter is given for it should not be of relevance to basaar becholov for reason of being eino matzui
  2. non-kosher animal without heter should also be non-fleishig for the same reason although there's room to argue that they are different
  3. as for treifah my understanding is that it will make you fleishig (and isn't begeder "ein issur chal al issur")

Comment are wanted and helpful.

  • 2
    Your answer is full of information, and I thank you for your contribution. But it's a bit difficult to follow and get what your point is. Can you give a clear answer to the question of "if you eat the (non-Kosher) meat, are you now fleishig?" and "can you cook this meat with milk?" Thanks.
    – Seth J
    Commented Aug 16, 2013 at 16:01
  • 2
    @SethJ thanks for pointing that out i edited my post to include that Commented Aug 16, 2013 at 16:58
  • Although there's still the "furthermore" bit. But this is good enough for the main question.
    – Seth J
    Commented Aug 16, 2013 at 19:00

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