Search

Chullin 104

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary

What is including in the prohibition of milk and meat? Is eating birds (chicken) also forbidden from the Torah? If one vows not to eat meat, what is including in that category? Can one infer from the mishna is chicken is also forbidden to be eaten with milk from the Torah or only from the rabbis? Do we always hold that one doesn’t make a decree to prevent violating another decree? The gemara starts to discuss waiting between milk and meat/meat and milk – what needs to be done in order to prevent eating them together?

Today’s daily daf tools:

Chullin 104

הנודר מן הבשר מותר בבשר דגים וחגבים:

And one who takes a vow that meat is prohibited to him is permitted to eat the meat of fish and grasshoppers.

גמ׳ הא עוף אסור מדאורייתא כמאן דלא כרבי עקיבא דאי רבי עקיבא האמר חיה ועוף אינו מן התורה

GEMARA: Since the mishna does not distinguish between the meat of animals and that of birds, it may consequently be inferred that the meat of birds cooked in milk is prohibited by Torah law, just like the meat of animals. In accordance with whose opinion is this ruling? It is not in accordance with the opinion of Rabbi Akiva, as, if you say it is in accordance with the opinion of Rabbi Akiva, didn’t he say that the prohibition of the meat of undomesticated animals and birds cooked in milk is not by Torah law?

אימא סיפא הנודר מן הבשר מותר בבשר דגים וחגבים הא עוף אסור אתאן לרבי עקיבא דאמר כל מילי דמימליך עליה שליח בר מיניה הוא

The Gemara continues: But say the latter clause of the mishna: One who takes a vow that meat is forbidden to him is permitted to eat the meat of fish and grasshoppers. It may consequently be inferred that it is prohibited for him to eat birds. If so, here we arrive at the opinion of Rabbi Akiva, who said: Anything about which an agent sent to purchase a given item would inquire, being unsure whether it qualifies as that type of item, is considered its type.

דתניא הנודר מן הירק מותר בדלועין ור”ע אוסר אמרו לו לר”ע והלא אומר אדם לשלוחו קח לנו ירק והוא אומר לא מצאתי אלא דלועין

As it is taught in a mishna (Nedarim 54a): One who takes a vow that vegetables are forbidden to him is permitted to eat gourds, as people do not typically consider gourds a type of vegetable, but Rabbi Akiva deems it prohibited for him to eat gourds. The Rabbis said to Rabbi Akiva: But it is a common occurrence that a person says to his agent: Purchase vegetables for us, and the agent, after failing to find vegetables, returns and says: I found only gourds. This indicates that gourds are not considered vegetables.

אמר להן כן הדבר כלום אומר לא מצאתי אלא קטנית אלא שדלועין בכלל ירק ואין קטנית בכלל ירק רישא רבנן וסיפא ר”ע

Rabbi Akiva said to them: The matter is so, and that proves that my opinion is correct. Does the agent return and say: I found only legumes? Rather, it is evident that gourds are included in the category of vegetables, although they differ from other vegetables, and therefore, the agent explains that he found only gourds, and asks whether he should purchase them. But legumes are not included in the category of vegetables, and that is why an agent would not even ask about them. Therefore, Rabbi Akiva should also hold that one who takes a vow that meat is forbidden to him is prohibited from eating birds. And if so, the first clause of the mishna is in accordance with the opinion of the Rabbis, who disagree with Rabbi Akiva, and the latter clause is in accordance with the opinion of Rabbi Akiva.

אמר רב יוסף רבי היא ונסיב לה אליבא דתנאי בנדרים סבר לה כר”ע בבשר בחלב סבר לה כרבנן

Rav Yosef said: That is not difficult. The entire mishna is in accordance with the opinion of Rabbi Yehuda HaNasi, and he formulates the mishna according to the opinions of different tanna’im. In the latter clause, with regard to vows, he holds in accordance with the opinion of Rabbi Akiva, whereas in the first clause, with regard to meat cooked in milk, he holds in accordance with the opinion of the Rabbis.

רב אשי אמר כולה ר”ע היא והכי קאמר כל הבשר אסור לבשל בחלב מהן מדברי תורה ומהן מדברי סופרים חוץ מבשר דגים וחגבים שאינם לא מדברי תורה ולא מדברי סופרים:

Rav Ashi said a different explanation: The entire mishna is in accordance with the opinion of Rabbi Akiva, as indicated by the latter clause, concerning vows. And as for the first part of the mishna, this is what it is saying: It is prohibited to cook any meat cooked in milk, some types of meat by Torah law, i.e., that of domesticated animals, and some types of meat by rabbinic law, i.e., that of undomesticated animals and birds. This prohibition applies to all types of meat except for the meat of fish and grasshoppers, which are not prohibited, neither by Torah law nor by rabbinic law.

ואסור להעלות [וכו’]: אמר רב יוסף שמע מינה בשר עוף בחלב דאורייתא דאי סלקא דעתך דרבנן אכילה גופה גזירה ואנן נגזר העלאה אטו אכילה

§ The mishna teaches further: And it is prohibited to place any meat with cheese on one table. Rav Yosef said: Conclude from this clause that eating the meat of birds cooked in milk is prohibited by Torah law. As, if it enters your mind that the prohibition against eating it applies merely by rabbinic law, this would be because the consumption of the meat of birds cooked in milk is itself a rabbinic decree, lest one come to eat the meat of an animal in milk. And would we decree against placing birds together with cheese on one table due to the possibility of consumption, which is itself a decree? The Sages do not enact one decree to prevent the violation of another decree.

ומנא תימרא דלא גזרינן גזירה לגזירה דתנן חלת חוצה לארץ

The Gemara asks: And from where do you say that we do not issue one rabbinic decree to prevent violation of another rabbinic decree? The source is as we learned in a mishna (Ḥalla 4:8): Ḥalla from outside of Eretz Yisrael, which must be eaten by a priest,

נאכלת עם הזר על השלחן וניתנת לכל כהן שירצה

may be eaten with a non-priest present at the same table. The Sages did not issue a decree prohibiting this lest the non-priest partake of the ḥalla, as the separation of ḥalla outside of Eretz Yisrael is itself a rabbinic decree. This proves that the Sages do not issue one decree to prevent violation of another decree. And similarly, ḥalla from outside of Eretz Yisrael may be given to any priest that one wishes, even an uneducated priest who would not guard its state of ritual purity. This is in contrast to ḥalla from Eretz Yisrael, which may be given only to priests who observe the halakhot of ritual purity.

אמר ליה אביי בשלמא אי אשמועינן חלת חוצה לארץ בארץ דאיכא למיגזר משום חלת הארץ דאורייתא ולא גזרינן איכא למשמע מינה

Abaye said to Rav Yosef: Granted, your inference would be valid if the mishna in tractate Ḥalla had taught us this with regard to ḥalla from outside of Eretz Yisrael that had been brought into Eretz Yisrael. As in that case, there could be reason to decree against eating it while a non-priest is at the same table, despite the fact that the non-priest eating it is prohibited only by rabbinic law, due to the concern that one might come to eat ḥalla from Eretz Yisrael, which is prohibited to the non-priest by Torah law, at the same table as a non-priest; and yet we do not decree against this practice. If so, there would be grounds to learn from this mishna that the Sages do not issue one decree to prevent violation of another decree.

אלא חו”ל משום דליכא למיגזר הוא אבל הכא אי שרית ליה לאסוקי עוף וגבינה אתי לאסוקי בשר וגבינה ומיכל בשר בחלב דאורייתא

But the mishna actually teaches this halakha with regard to ḥalla from outside of Eretz Yisrael that remains there. It therefore proves nothing about compound decrees, as it can be claimed that the practice is permitted only because there is no reason to decree. Since by Torah law the obligation of ḥalla does not apply outside of Eretz Yisrael, there is no chance that such behavior will lead to transgression of Torah law. But here, if you permit one to place the meat of birds and cheese on the same table, some might come to place the meat of domesticated animals and cheese on a single table and to eat this meat cooked in milk, thereby transgressing a prohibition by Torah law.

מתקיף לה רב ששת סוף סוף צונן בצונן הוא אמר אביי גזירה שמא יעלה באילפס רותח

Rav Sheshet objects to the premise of Rav Yosef’s inference: Even if one were to posit that the meat of birds in milk is prohibited by Torah law, ultimately this is still a decree issued due to another decree, as it is a case of cold food in another cold food, consumption of which is itself prohibited by rabbinic law. Abaye said: It is a rabbinic decree, lest one place the meat with cheese in a boiling stewpot, which is a manner of cooking and therefore prohibited by Torah law.

סוף סוף כלי שני הוא וכלי שני אינו מבשל אלא גזירה שמא יעלה באילפס ראשון:

The Gemara counters: Ultimately, even a stewpot is only a secondary vessel, i.e., not the vessel that was on the fire, and as a rule, a secondary vessel does not cook. Rather, one must say that it is a rabbinic decree, lest one place the meat with cheese in a stewpot that is a primary vessel, i.e., that was on the fire. This is certainly cooking meat in milk, and it is prohibited by Torah law.

מתני׳ העוף עולה עם הגבינה על השולחן ואינו נאכל דברי ב”ש וב”ה אומרים לא עולה ולא נאכל א”ר יוסי זו מקולי ב”ש ומחומרי ב”ה

MISHNA: The meat of birds may be placed with cheese on one table but may not be eaten together with it; this is the statement of Beit Shammai. And Beit Hillel say: It may neither be placed on one table nor be eaten with cheese. Rabbi Yosei said: This is one of the disputes involving leniencies of Beit Shammai and stringencies of Beit Hillel.

באיזה שולחן אמרו בשולחן שאוכל עליו אבל בשולחן שסודר עליו את התבשיל נותן זה בצד זה ואינו חושש:

The mishna elaborates: With regard to which table are these halakhot stated? It is with regard to a table upon which one eats. But on a table upon which one prepares the cooked food, one may place this meat alongside that cheese or vice versa, and need not be concerned that perhaps they will be mixed and one will come to eat them together.

גמ׳ רבי יוסי היינו ת”ק וכ”ת אכילה גופה איכא בינייהו דקאמר ת”ק בהעלאה קא מיפלגי באכילה לא פליגי ואמר ליה רבי יוסי אכילה גופה מקולי בית שמאי ומחומרי ב”ה

GEMARA: The Gemara challenges: The opinion of Rabbi Yosei is identical to that of the first tanna. And if you would say that there is a difference between them with regard to the permissibility of eating itself, as the first tanna says that Beit Shammai and Beit Hillel disagree with regard to placing meat of birds with cheese on one table, which indicates that with regard to eating they do not disagree, and Rabbi Yosei said in response to this that they also disagree with regard to the permissibility of eating meat of birds in milk, and this is itself one of the disputes involving leniencies of Beit Shammai and stringencies of Beit Hillel, one can refute this claim.

והתניא רבי יוסי אומר ששה דברים מקולי ב”ש ומחומרי ב”ה וזו אחת מהן עוף עולה עם הגבינה על השולחן ואינו נאכל דברי ב”ש ובה”א לא עולה ולא נאכל

The refutation is as follows: Isn’t it taught in a baraita that Rabbi Yosei says that six matters are included as the disputes involving leniencies of Beit Shammai and stringencies of Beit Hillel, and this is one of them: The meat of birds is placed with cheese on one table, but it may not be eaten together with it; this is the statement of Beit Shammai. And Beit Hillel say: It may neither be placed on one table nor be eaten with cheese. Evidently, Rabbi Yosei agrees that even according to Beit Shammai the meat of birds may not be eaten with cheese.

אלא הא קמשמע לן מאן תנא קמא רבי יוסי כל האומר דבר בשם אומרו מביא גאולה לעולם שנאמר (אסתר ב, כב) ותאמר אסתר למלך בשם מרדכי

Rather, this is what the mishna teaches us: Who is the first tanna? It is Rabbi Yosei. The identification is important, since whoever reports a statement in the name of the one who said it brings redemption to the world. As it is stated with respect to the incident of Bigthan and Teresh: “And Esther reported it to the king in the name of Mordecai (Esther 2:22), and Mordecai was later rewarded for saving the king’s life, paving the way for the miraculous salvation.

תנא אגרא חמוה דרבי אבא עוף וגבינה נאכלין באפיקורן הוא תני לה והוא אמר לה בלא נטילת ידים ובלא קינוח הפה

§ The Gemara continues discussing the consumption of poultry cooked in milk. The Sage Agra, the father-in-law of Rabbi Abba, taught: The meat of birds and cheese may be eaten freely [apikoren], i.e., there is no need to be strict in this matter. The Gemara notes: He, Agra, teaches it and he says it, i.e., explains his statement: The meat of birds and cheese may be eaten without washing one’s hands and without wiping the mouth between the consumption of each.

רב יצחק בריה דרב משרשיא איקלע לבי רב אשי אייתו ליה גבינה אכל אייתו ליה בשרא אכל ולא משא ידיה אמרי ליה והא תאני אגרא חמוה דרבי אבא עוף וגבינה נאכלין באפיקורן עוף וגבינה אין בשר וגבינה לא

The Gemara relates: Rav Yitzḥak, son of Rav Mesharshiyya, happened to come to the house of Rav Ashi. They brought him cheese, and he ate it. Next they brought him meat, and he ate it without first washing his hands. The members of Rav Ashi’s household said to him: But didn’t Agra, the father-in-law of Rabbi Abba, teach only that the meat of birds and cheese may be eaten freely? One can infer that with regard to the meat of birds and cheese, yes, one may eat them without washing one’s hands in between, but with regard to the meat of domesticated animals and cheese, no, one may not.

אמר להו הני מילי בליליא אבל ביממא הא חזינא

Rav Yitzḥak said to them: This statement of Agra applies only if one eats them at night, as one cannot see whether some of the food of the previous dish still remains on his hands, and he must therefore wash them. But if one eats by day, I can see that no food remains on his hands, and consequently there is no need to wash them.

תניא בית שמאי אומרים מקנח ובית הלל אומרים מדיח מאי מקנח ומאי מדיח

It is taught in a baraita: Beit Shammai say: Between the consumption of meat and milk one must wipe out his mouth, and Beit Hillel say that he must rinse his mouth. The Gemara asks: What is the meaning of the word: Wipe [mekane’aḥ], and what is the meaning of the word: Rinse [mediaḥ]?

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I am a Reform rabbi and took Talmud courses in rabbinical school, but I knew there was so much more to learn. It felt inauthentic to serve as a rabbi without having read the entire Talmud, so when the opportunity arose to start Daf Yomi in 2020, I dove in! Thanks to Hadran, Daf Yomi has enriched my understanding of rabbinic Judaism and deepened my love of Jewish text & tradition. Todah rabbah!

Rabbi Nicki Greninger
Rabbi Nicki Greninger

California, United States

I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!

Keren Carter
Keren Carter

Brentwood, California, United States

I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!

Dena Lehrman
Dena Lehrman

אפרת, Israel

I began my journey two years ago at the beginning of this cycle of the daf yomi. It has been an incredible, challenging experience and has given me a new perspective of Torah Sh’baal Peh and the role it plays in our lives

linda kalish-marcus
linda kalish-marcus

Efrat, Israel

3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!

Lisa Kolodny
Lisa Kolodny

Raanana, Israel

About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
Nickie Matthews
Nickie Matthews

Blacksburg, United States

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!

Shoshana Ruerup
Shoshana Ruerup

Berlin, Germany

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Lorri Lewis

Palo Alto, CA, United States

My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
Nickie Matthews
Nickie Matthews

Blacksburg, United States

I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.

Miriam Pollack
Miriam Pollack

Honolulu, Hawaii, United States

See video

Susan Fisher
Susan Fisher

Raanana, Israel

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!

Shoshana Ruerup
Shoshana Ruerup

Berlin, Germany

Chullin 104

הנודר מן הבשר מותר בבשר דגים וחגבים:

And one who takes a vow that meat is prohibited to him is permitted to eat the meat of fish and grasshoppers.

גמ׳ הא עוף אסור מדאורייתא כמאן דלא כרבי עקיבא דאי רבי עקיבא האמר חיה ועוף אינו מן התורה

GEMARA: Since the mishna does not distinguish between the meat of animals and that of birds, it may consequently be inferred that the meat of birds cooked in milk is prohibited by Torah law, just like the meat of animals. In accordance with whose opinion is this ruling? It is not in accordance with the opinion of Rabbi Akiva, as, if you say it is in accordance with the opinion of Rabbi Akiva, didn’t he say that the prohibition of the meat of undomesticated animals and birds cooked in milk is not by Torah law?

אימא סיפא הנודר מן הבשר מותר בבשר דגים וחגבים הא עוף אסור אתאן לרבי עקיבא דאמר כל מילי דמימליך עליה שליח בר מיניה הוא

The Gemara continues: But say the latter clause of the mishna: One who takes a vow that meat is forbidden to him is permitted to eat the meat of fish and grasshoppers. It may consequently be inferred that it is prohibited for him to eat birds. If so, here we arrive at the opinion of Rabbi Akiva, who said: Anything about which an agent sent to purchase a given item would inquire, being unsure whether it qualifies as that type of item, is considered its type.

דתניא הנודר מן הירק מותר בדלועין ור”ע אוסר אמרו לו לר”ע והלא אומר אדם לשלוחו קח לנו ירק והוא אומר לא מצאתי אלא דלועין

As it is taught in a mishna (Nedarim 54a): One who takes a vow that vegetables are forbidden to him is permitted to eat gourds, as people do not typically consider gourds a type of vegetable, but Rabbi Akiva deems it prohibited for him to eat gourds. The Rabbis said to Rabbi Akiva: But it is a common occurrence that a person says to his agent: Purchase vegetables for us, and the agent, after failing to find vegetables, returns and says: I found only gourds. This indicates that gourds are not considered vegetables.

אמר להן כן הדבר כלום אומר לא מצאתי אלא קטנית אלא שדלועין בכלל ירק ואין קטנית בכלל ירק רישא רבנן וסיפא ר”ע

Rabbi Akiva said to them: The matter is so, and that proves that my opinion is correct. Does the agent return and say: I found only legumes? Rather, it is evident that gourds are included in the category of vegetables, although they differ from other vegetables, and therefore, the agent explains that he found only gourds, and asks whether he should purchase them. But legumes are not included in the category of vegetables, and that is why an agent would not even ask about them. Therefore, Rabbi Akiva should also hold that one who takes a vow that meat is forbidden to him is prohibited from eating birds. And if so, the first clause of the mishna is in accordance with the opinion of the Rabbis, who disagree with Rabbi Akiva, and the latter clause is in accordance with the opinion of Rabbi Akiva.

אמר רב יוסף רבי היא ונסיב לה אליבא דתנאי בנדרים סבר לה כר”ע בבשר בחלב סבר לה כרבנן

Rav Yosef said: That is not difficult. The entire mishna is in accordance with the opinion of Rabbi Yehuda HaNasi, and he formulates the mishna according to the opinions of different tanna’im. In the latter clause, with regard to vows, he holds in accordance with the opinion of Rabbi Akiva, whereas in the first clause, with regard to meat cooked in milk, he holds in accordance with the opinion of the Rabbis.

רב אשי אמר כולה ר”ע היא והכי קאמר כל הבשר אסור לבשל בחלב מהן מדברי תורה ומהן מדברי סופרים חוץ מבשר דגים וחגבים שאינם לא מדברי תורה ולא מדברי סופרים:

Rav Ashi said a different explanation: The entire mishna is in accordance with the opinion of Rabbi Akiva, as indicated by the latter clause, concerning vows. And as for the first part of the mishna, this is what it is saying: It is prohibited to cook any meat cooked in milk, some types of meat by Torah law, i.e., that of domesticated animals, and some types of meat by rabbinic law, i.e., that of undomesticated animals and birds. This prohibition applies to all types of meat except for the meat of fish and grasshoppers, which are not prohibited, neither by Torah law nor by rabbinic law.

ואסור להעלות [וכו’]: אמר רב יוסף שמע מינה בשר עוף בחלב דאורייתא דאי סלקא דעתך דרבנן אכילה גופה גזירה ואנן נגזר העלאה אטו אכילה

§ The mishna teaches further: And it is prohibited to place any meat with cheese on one table. Rav Yosef said: Conclude from this clause that eating the meat of birds cooked in milk is prohibited by Torah law. As, if it enters your mind that the prohibition against eating it applies merely by rabbinic law, this would be because the consumption of the meat of birds cooked in milk is itself a rabbinic decree, lest one come to eat the meat of an animal in milk. And would we decree against placing birds together with cheese on one table due to the possibility of consumption, which is itself a decree? The Sages do not enact one decree to prevent the violation of another decree.

ומנא תימרא דלא גזרינן גזירה לגזירה דתנן חלת חוצה לארץ

The Gemara asks: And from where do you say that we do not issue one rabbinic decree to prevent violation of another rabbinic decree? The source is as we learned in a mishna (Ḥalla 4:8): Ḥalla from outside of Eretz Yisrael, which must be eaten by a priest,

נאכלת עם הזר על השלחן וניתנת לכל כהן שירצה

may be eaten with a non-priest present at the same table. The Sages did not issue a decree prohibiting this lest the non-priest partake of the ḥalla, as the separation of ḥalla outside of Eretz Yisrael is itself a rabbinic decree. This proves that the Sages do not issue one decree to prevent violation of another decree. And similarly, ḥalla from outside of Eretz Yisrael may be given to any priest that one wishes, even an uneducated priest who would not guard its state of ritual purity. This is in contrast to ḥalla from Eretz Yisrael, which may be given only to priests who observe the halakhot of ritual purity.

אמר ליה אביי בשלמא אי אשמועינן חלת חוצה לארץ בארץ דאיכא למיגזר משום חלת הארץ דאורייתא ולא גזרינן איכא למשמע מינה

Abaye said to Rav Yosef: Granted, your inference would be valid if the mishna in tractate Ḥalla had taught us this with regard to ḥalla from outside of Eretz Yisrael that had been brought into Eretz Yisrael. As in that case, there could be reason to decree against eating it while a non-priest is at the same table, despite the fact that the non-priest eating it is prohibited only by rabbinic law, due to the concern that one might come to eat ḥalla from Eretz Yisrael, which is prohibited to the non-priest by Torah law, at the same table as a non-priest; and yet we do not decree against this practice. If so, there would be grounds to learn from this mishna that the Sages do not issue one decree to prevent violation of another decree.

אלא חו”ל משום דליכא למיגזר הוא אבל הכא אי שרית ליה לאסוקי עוף וגבינה אתי לאסוקי בשר וגבינה ומיכל בשר בחלב דאורייתא

But the mishna actually teaches this halakha with regard to ḥalla from outside of Eretz Yisrael that remains there. It therefore proves nothing about compound decrees, as it can be claimed that the practice is permitted only because there is no reason to decree. Since by Torah law the obligation of ḥalla does not apply outside of Eretz Yisrael, there is no chance that such behavior will lead to transgression of Torah law. But here, if you permit one to place the meat of birds and cheese on the same table, some might come to place the meat of domesticated animals and cheese on a single table and to eat this meat cooked in milk, thereby transgressing a prohibition by Torah law.

מתקיף לה רב ששת סוף סוף צונן בצונן הוא אמר אביי גזירה שמא יעלה באילפס רותח

Rav Sheshet objects to the premise of Rav Yosef’s inference: Even if one were to posit that the meat of birds in milk is prohibited by Torah law, ultimately this is still a decree issued due to another decree, as it is a case of cold food in another cold food, consumption of which is itself prohibited by rabbinic law. Abaye said: It is a rabbinic decree, lest one place the meat with cheese in a boiling stewpot, which is a manner of cooking and therefore prohibited by Torah law.

סוף סוף כלי שני הוא וכלי שני אינו מבשל אלא גזירה שמא יעלה באילפס ראשון:

The Gemara counters: Ultimately, even a stewpot is only a secondary vessel, i.e., not the vessel that was on the fire, and as a rule, a secondary vessel does not cook. Rather, one must say that it is a rabbinic decree, lest one place the meat with cheese in a stewpot that is a primary vessel, i.e., that was on the fire. This is certainly cooking meat in milk, and it is prohibited by Torah law.

מתני׳ העוף עולה עם הגבינה על השולחן ואינו נאכל דברי ב”ש וב”ה אומרים לא עולה ולא נאכל א”ר יוסי זו מקולי ב”ש ומחומרי ב”ה

MISHNA: The meat of birds may be placed with cheese on one table but may not be eaten together with it; this is the statement of Beit Shammai. And Beit Hillel say: It may neither be placed on one table nor be eaten with cheese. Rabbi Yosei said: This is one of the disputes involving leniencies of Beit Shammai and stringencies of Beit Hillel.

באיזה שולחן אמרו בשולחן שאוכל עליו אבל בשולחן שסודר עליו את התבשיל נותן זה בצד זה ואינו חושש:

The mishna elaborates: With regard to which table are these halakhot stated? It is with regard to a table upon which one eats. But on a table upon which one prepares the cooked food, one may place this meat alongside that cheese or vice versa, and need not be concerned that perhaps they will be mixed and one will come to eat them together.

גמ׳ רבי יוסי היינו ת”ק וכ”ת אכילה גופה איכא בינייהו דקאמר ת”ק בהעלאה קא מיפלגי באכילה לא פליגי ואמר ליה רבי יוסי אכילה גופה מקולי בית שמאי ומחומרי ב”ה

GEMARA: The Gemara challenges: The opinion of Rabbi Yosei is identical to that of the first tanna. And if you would say that there is a difference between them with regard to the permissibility of eating itself, as the first tanna says that Beit Shammai and Beit Hillel disagree with regard to placing meat of birds with cheese on one table, which indicates that with regard to eating they do not disagree, and Rabbi Yosei said in response to this that they also disagree with regard to the permissibility of eating meat of birds in milk, and this is itself one of the disputes involving leniencies of Beit Shammai and stringencies of Beit Hillel, one can refute this claim.

והתניא רבי יוסי אומר ששה דברים מקולי ב”ש ומחומרי ב”ה וזו אחת מהן עוף עולה עם הגבינה על השולחן ואינו נאכל דברי ב”ש ובה”א לא עולה ולא נאכל

The refutation is as follows: Isn’t it taught in a baraita that Rabbi Yosei says that six matters are included as the disputes involving leniencies of Beit Shammai and stringencies of Beit Hillel, and this is one of them: The meat of birds is placed with cheese on one table, but it may not be eaten together with it; this is the statement of Beit Shammai. And Beit Hillel say: It may neither be placed on one table nor be eaten with cheese. Evidently, Rabbi Yosei agrees that even according to Beit Shammai the meat of birds may not be eaten with cheese.

אלא הא קמשמע לן מאן תנא קמא רבי יוסי כל האומר דבר בשם אומרו מביא גאולה לעולם שנאמר (אסתר ב, כב) ותאמר אסתר למלך בשם מרדכי

Rather, this is what the mishna teaches us: Who is the first tanna? It is Rabbi Yosei. The identification is important, since whoever reports a statement in the name of the one who said it brings redemption to the world. As it is stated with respect to the incident of Bigthan and Teresh: “And Esther reported it to the king in the name of Mordecai (Esther 2:22), and Mordecai was later rewarded for saving the king’s life, paving the way for the miraculous salvation.

תנא אגרא חמוה דרבי אבא עוף וגבינה נאכלין באפיקורן הוא תני לה והוא אמר לה בלא נטילת ידים ובלא קינוח הפה

§ The Gemara continues discussing the consumption of poultry cooked in milk. The Sage Agra, the father-in-law of Rabbi Abba, taught: The meat of birds and cheese may be eaten freely [apikoren], i.e., there is no need to be strict in this matter. The Gemara notes: He, Agra, teaches it and he says it, i.e., explains his statement: The meat of birds and cheese may be eaten without washing one’s hands and without wiping the mouth between the consumption of each.

רב יצחק בריה דרב משרשיא איקלע לבי רב אשי אייתו ליה גבינה אכל אייתו ליה בשרא אכל ולא משא ידיה אמרי ליה והא תאני אגרא חמוה דרבי אבא עוף וגבינה נאכלין באפיקורן עוף וגבינה אין בשר וגבינה לא

The Gemara relates: Rav Yitzḥak, son of Rav Mesharshiyya, happened to come to the house of Rav Ashi. They brought him cheese, and he ate it. Next they brought him meat, and he ate it without first washing his hands. The members of Rav Ashi’s household said to him: But didn’t Agra, the father-in-law of Rabbi Abba, teach only that the meat of birds and cheese may be eaten freely? One can infer that with regard to the meat of birds and cheese, yes, one may eat them without washing one’s hands in between, but with regard to the meat of domesticated animals and cheese, no, one may not.

אמר להו הני מילי בליליא אבל ביממא הא חזינא

Rav Yitzḥak said to them: This statement of Agra applies only if one eats them at night, as one cannot see whether some of the food of the previous dish still remains on his hands, and he must therefore wash them. But if one eats by day, I can see that no food remains on his hands, and consequently there is no need to wash them.

תניא בית שמאי אומרים מקנח ובית הלל אומרים מדיח מאי מקנח ומאי מדיח

It is taught in a baraita: Beit Shammai say: Between the consumption of meat and milk one must wipe out his mouth, and Beit Hillel say that he must rinse his mouth. The Gemara asks: What is the meaning of the word: Wipe [mekane’aḥ], and what is the meaning of the word: Rinse [mediaḥ]?

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete