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?
Masechet Chullin is sponsored by Judi Felber in honor of the Hadran Community. “During my first cycle of Daf Yomi, just as we began Masechet Chullin, my son was injured while serving in the IDF. Throughout those two and a half months of difficulty and uncertainty, my fellow learners never left my side. With profound gratitude to the community that held me, encouraged me, and ensured I could keep up with the Daf during those trying times.”
This month’s learning is sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Judith Rosenfeld Hochstadter, Gittel bat Kreindel v’Binyamin BenZion on her second yahrzeit. “Her curiosity, humor, intellect and devout nature continues to inspire and hold us accountable. We miss her and think of her in all our pursuits, especially in our Hadran learning, where she would be glad to know that she didn’t have to boil more than 1 egg at a time!!”
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Today’s daily daf tools:
Masechet Chullin is sponsored by Judi Felber in honor of the Hadran Community. “During my first cycle of Daf Yomi, just as we began Masechet Chullin, my son was injured while serving in the IDF. Throughout those two and a half months of difficulty and uncertainty, my fellow learners never left my side. With profound gratitude to the community that held me, encouraged me, and ensured I could keep up with the Daf during those trying times.”
This month’s learning is sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Judith Rosenfeld Hochstadter, Gittel bat Kreindel v’Binyamin BenZion on her second yahrzeit. “Her curiosity, humor, intellect and devout nature continues to inspire and hold us accountable. We miss her and think of her in all our pursuits, especially in our Hadran learning, where she would be glad to know that she didn’t have to boil more than 1 egg at a time!!”
Chullin 104
הַנּוֹדֵר מִן הַבָּשָׂר מוּתָּר בִּבְשַׂר דָּגִים וַחֲגָבִים.
And one who takes a vow that meat is prohibited to him is permitted to eat the meat of fish and grasshoppers.
גְּמָ׳ הָא עוֹף אָסוּר מִדְּאוֹרָיְיתָא, כְּמַאן? דְּלָא כְּרַבִּי עֲקִיבָא, דְּאִי רַבִּי עֲקִיבָא – הָאָמַר: חַיָּה וָעוֹף אֵינוֹ מִן הַתּוֹרָה.
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?
אֵימָא סֵיפָא: הַנּוֹדֵר מִן הַבָּשָׂר – מוּתָּר בִּבְשַׂר דָּגִים וַחֲגָבִים, הָא עוֹף אָסוּר, אֲתָאן לְרַבִּי עֲקִיבָא, דְּאָמַר: כֹּל מִילֵּי דְּמִימְּלִיךְ עֲלֵיהּ שָׁלִיחַ – בַּר מִינֵיהּ הוּא.
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.
דְּתַנְיָא: הַנּוֹדֵר מִן הַיָּרָק, מוּתָּר בַּדִּלּוּעִין, וְרַבִּי עֲקִיבָא אוֹסֵר. אָמְרוּ לוֹ לְרַבִּי עֲקִיבָא: וַהֲלֹא אוֹמֵר אָדָם לִשְׁלוּחוֹ ״קַח לָנוּ יָרָק״, וְהוּא אוֹמֵר ״לֹא מָצָאתִי אֶלָּא דִּלּוּעִין״!
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.
אָמַר לָהֶן: כֵּן הַדָּבָר, כְּלוּם אוֹמֵר ״לֹא מָצָאתִי אֶלָּא קִטְנִית״?! אֶלָּא שֶׁדִּלּוּעִין בִּכְלַל יָרָק, וְאֵין קִטְנִית בִּכְלַל יָרָק. רֵישָׁא רַבָּנַן, וְסֵיפָא רַבִּי עֲקִיבָא!
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.
אָמַר רַב יוֹסֵף: רַבִּי הִיא, וְנָסֵיב לַהּ אַלִּיבָּא דְתַנָּאֵי, בִּנְדָרִים סָבַר לַהּ כְּרַבִּי עֲקִיבָא, בְּבָשָׂר בְּחָלָב סָבַר לַהּ כְּרַבָּנַן.
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.
רַב אָשֵׁי אָמַר: כּוּלַּהּ רַבִּי עֲקִיבָא הִיא, וְהָכִי קָאָמַר: כׇּל הַבָּשָׂר אָסוּר לְבַשֵּׁל בְּחָלָב, מֵהֶן מִדִּבְרֵי תוֹרָה וּמֵהֶן מִדִּבְרֵי סוֹפְרִים, חוּץ מִבְּשַׂר דָּגִים וַחֲגָבִים, שֶׁאֵינָם לֹא מִדִּבְרֵי תוֹרָה וְלֹא מִדִּבְרֵי סוֹפְרִים.
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.
וְאָסוּר לְהַעֲלוֹת [וְכוּ׳]. אָמַר רַב יוֹסֵף: שְׁמַע מִינַּהּ בְּשַׂר עוֹף בְּחָלָב דְּאוֹרָיְיתָא, דְּאִי סָלְקָא דַעְתָּךְ דְּרַבָּנַן – אֲכִילָה גּוּפַהּ גְּזֵירָה, וַאֲנַן נִגְזַר הַעֲלָאָה אַטּוּ אֲכִילָה?
§ 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.
וּמְנָא תֵּימְרָא דְּלָא גָּזְרִינַן גְּזֵירָה לִגְזֵירָה? דִּתְנַן: חַלַּת חוּצָה לָאָרֶץ
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,
נֶאֱכֶלֶת עִם הַזָּר עַל הַשֻּׁלְחָן, וְנִיתֶּנֶת לְכׇל כֹּהֵן שֶׁיִּרְצֶה.
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.
אֲמַר לֵיהּ אַבָּיֵי: בִּשְׁלָמָא אִי אַשְׁמוֹעִינַן חַלַּת חוּצָה לָאָרֶץ בָּאָרֶץ, דְּאִיכָּא לְמִיגְזַר מִשּׁוּם חַלַּת הָאָרֶץ דְּאוֹרָיְיתָא, וְלָא גָּזְרִינַן – אִיכָּא לְמִשְׁמָע מִינַּהּ.
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.
אֶלָּא חוּצָה לְאָרֶץ, מִשּׁוּם דְּלֵיכָּא לְמִיגְזַר הוּא. אֲבָל הָכָא, אִי שָׁרֵית לֵיהּ לְאַסּוֹקֵי עוֹף וּגְבִינָה, אָתֵי לְאַסּוֹקֵי בָּשָׂר וּגְבִינָה, וּמֵיכַל בָּשָׂר בְּחָלָב דְּאוֹרָיְיתָא.
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.
מַתְקֵיף לַהּ רַב שֵׁשֶׁת: סוֹף סוֹף צוֹנֵן בְּצוֹנֵן הוּא! אָמַר אַבָּיֵי: גְּזֵירָה שֶׁמָּא יַעֲלֶה בְּאִילְפָּס רוֹתֵחַ.
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.
סוֹף סוֹף, כְּלִי שֵׁנִי הוּא, וּכְלִי שֵׁנִי אֵינוֹ מְבַשֵּׁל! אֶלָּא גְּזֵירָה שֶׁמָּא יַעֲלֶה בְּאִילְפָּס רִאשׁוֹן.
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.
מַתְנִי׳ הָעוֹף עוֹלֶה עִם הַגְּבִינָה עַל הַשּׁוּלְחָן, וְאֵינוֹ נֶאֱכָל, דִּבְרֵי בֵּית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים: לֹא עוֹלֶה וְלֹא נֶאֱכָל. אָמַר רַבִּי יוֹסֵי: זוֹ מִקּוּלֵּי בֵּית שַׁמַּאי וּמֵחוּמְרֵי בֵּית הִלֵּל.
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.
בְּאֵיזֶה שׁוּלְחָן אָמְרוּ? בְּשׁוּלְחָן שֶׁאוֹכֵל עָלָיו, אֲבָל בְּשׁוּלְחָן שֶׁסּוֹדֵר עָלָיו אֶת הַתַּבְשִׁיל – נוֹתֵן זֶה בְּצַד זֶה, וְאֵינוֹ חוֹשֵׁשׁ.
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.
גְּמָ׳ רַבִּי יוֹסֵי הַיְינוּ תַּנָּא קַמָּא? וְכִי תֵּימָא: אֲכִילָה גּוּפַהּ אִיכָּא בֵּינַיְיהוּ, דְּקָאָמַר תַּנָּא קַמָּא: בְּהַעֲלָאָה קָא מִיפַּלְגִי, בַּאֲכִילָה לָא פְּלִיגִי, וַאֲמַר לֵיהּ רַבִּי יוֹסֵי: אֲכִילָה גּוּפַהּ מִקּוּלֵּי בֵּית שַׁמַּאי וּמֵחוּמְרֵי בֵּית הִלֵּל.
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.
וְהָתַנְיָא, רַבִּי יוֹסֵי אוֹמֵר: שִׁשָּׁה דְּבָרִים מִקּוּלֵּי בֵּית שַׁמַּאי וּמֵחוּמְרֵי בֵּית הִלֵּל, וְזוֹ אַחַת מֵהֶן – עוֹף עוֹלֶה עִם הַגְּבִינָה עַל הַשּׁוּלְחָן, וְאֵינוֹ נֶאֱכָל, דִּבְרֵי בֵּית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים: לֹא עוֹלֶה וְלֹא נֶאֱכָל!
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.
אֶלָּא, הָא קָמַשְׁמַע לַן: מַאן תַּנָּא קַמָּא? רַבִּי יוֹסֵי – כׇּל הָאוֹמֵר דָּבָר בְּשֵׁם אוֹמְרוֹ מֵבִיא גְּאוּלָּה לָעוֹלָם, שֶׁנֶּאֱמַר ״וַתֹּאמֶר אֶסְתֵּר לַמֶּלֶךְ בְּשֵׁם מׇרְדֳּכָי״.
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.
תְּנָא אַגְרָא חֲמוּהּ דְּרַבִּי אַבָּא: עוֹף וּגְבִינָה נֶאֱכָלִין בְּאַפִּיקוֹרַן. הוּא תָנֵי לַהּ, וְהוּא אָמַר לַהּ: בְּלֹא נְטִילַת יָדַיִם וּבְלֹא קִינּוּחַ הַפֶּה.
§ 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.
רַב יִצְחָק בְּרֵיהּ דְּרַב מְשַׁרְשְׁיָא אִיקְּלַע לְבֵי רַב אָשֵׁי, אַיְיתוֹ לֵיהּ גְּבִינָה – אֲכַל, אַיְיתוֹ לֵיהּ בִּשְׂרָא – אֲכַל, וְלָא מְשָׁא יְדֵיהּ. אָמְרִי לֵיהּ: וְהָא תָּאנֵי אַגְרָא חֲמוּהּ דְּרַבִּי אַבָּא: עוֹף וּגְבִינָה נֶאֱכָלִין בְּאֶפִּיקוֹרֶן, עוֹף וּגְבִינָה – אִין, בָּשָׂר וּגְבִינָה – לָא!
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.
אֲמַר לְהוּ: הָנֵי מִילֵּי בְּלֵילְיָא, אֲבָל בִּימָמָא הָא חָזֵינָא.
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.
תַּנְיָא: בֵּית שַׁמַּאי אוֹמְרִים: מְקַנֵּחַ, וּבֵית הִלֵּל אוֹמְרִים: מֵדִיחַ. מַאי ״מְקַנֵּחַ״ וּמַאי ״מֵדִיחַ״?
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]?
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I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!
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I began learning the daf in January 2022. I initially “flew under the radar,” sharing my journey with my husband and a few close friends. I was apprehensive – who, me? Gemara? Now, 2 years in, I feel changed. The rigor of a daily commitment frames my days. The intellectual engagement enhances my knowledge. And the virtual community of learners has become a new family, weaving a glorious tapestry.
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I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
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I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
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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.
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In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!
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Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
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Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
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I started learning with rabbis. I needed to know more than the stories. My first teacher to show me “the way of the Talmud” as well as the stories was Samara Schwartz.
Michelle Farber started the new cycle 2 yrs ago and I jumped on for the ride.
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I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.
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Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.
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I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.
Laura Major
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Tekoa, Israel
Chullin 104
הַנּוֹדֵר מִן הַבָּשָׂר מוּתָּר בִּבְשַׂר דָּגִים וַחֲגָבִים.
And one who takes a vow that meat is prohibited to him is permitted to eat the meat of fish and grasshoppers.
גְּמָ׳ הָא עוֹף אָסוּר מִדְּאוֹרָיְיתָא, כְּמַאן? דְּלָא כְּרַבִּי עֲקִיבָא, דְּאִי רַבִּי עֲקִיבָא – הָאָמַר: חַיָּה וָעוֹף אֵינוֹ מִן הַתּוֹרָה.
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?
אֵימָא סֵיפָא: הַנּוֹדֵר מִן הַבָּשָׂר – מוּתָּר בִּבְשַׂר דָּגִים וַחֲגָבִים, הָא עוֹף אָסוּר, אֲתָאן לְרַבִּי עֲקִיבָא, דְּאָמַר: כֹּל מִילֵּי דְּמִימְּלִיךְ עֲלֵיהּ שָׁלִיחַ – בַּר מִינֵיהּ הוּא.
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.
דְּתַנְיָא: הַנּוֹדֵר מִן הַיָּרָק, מוּתָּר בַּדִּלּוּעִין, וְרַבִּי עֲקִיבָא אוֹסֵר. אָמְרוּ לוֹ לְרַבִּי עֲקִיבָא: וַהֲלֹא אוֹמֵר אָדָם לִשְׁלוּחוֹ ״קַח לָנוּ יָרָק״, וְהוּא אוֹמֵר ״לֹא מָצָאתִי אֶלָּא דִּלּוּעִין״!
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.
אָמַר לָהֶן: כֵּן הַדָּבָר, כְּלוּם אוֹמֵר ״לֹא מָצָאתִי אֶלָּא קִטְנִית״?! אֶלָּא שֶׁדִּלּוּעִין בִּכְלַל יָרָק, וְאֵין קִטְנִית בִּכְלַל יָרָק. רֵישָׁא רַבָּנַן, וְסֵיפָא רַבִּי עֲקִיבָא!
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.
אָמַר רַב יוֹסֵף: רַבִּי הִיא, וְנָסֵיב לַהּ אַלִּיבָּא דְתַנָּאֵי, בִּנְדָרִים סָבַר לַהּ כְּרַבִּי עֲקִיבָא, בְּבָשָׂר בְּחָלָב סָבַר לַהּ כְּרַבָּנַן.
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.
רַב אָשֵׁי אָמַר: כּוּלַּהּ רַבִּי עֲקִיבָא הִיא, וְהָכִי קָאָמַר: כׇּל הַבָּשָׂר אָסוּר לְבַשֵּׁל בְּחָלָב, מֵהֶן מִדִּבְרֵי תוֹרָה וּמֵהֶן מִדִּבְרֵי סוֹפְרִים, חוּץ מִבְּשַׂר דָּגִים וַחֲגָבִים, שֶׁאֵינָם לֹא מִדִּבְרֵי תוֹרָה וְלֹא מִדִּבְרֵי סוֹפְרִים.
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.
וְאָסוּר לְהַעֲלוֹת [וְכוּ׳]. אָמַר רַב יוֹסֵף: שְׁמַע מִינַּהּ בְּשַׂר עוֹף בְּחָלָב דְּאוֹרָיְיתָא, דְּאִי סָלְקָא דַעְתָּךְ דְּרַבָּנַן – אֲכִילָה גּוּפַהּ גְּזֵירָה, וַאֲנַן נִגְזַר הַעֲלָאָה אַטּוּ אֲכִילָה?
§ 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.
וּמְנָא תֵּימְרָא דְּלָא גָּזְרִינַן גְּזֵירָה לִגְזֵירָה? דִּתְנַן: חַלַּת חוּצָה לָאָרֶץ
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,
נֶאֱכֶלֶת עִם הַזָּר עַל הַשֻּׁלְחָן, וְנִיתֶּנֶת לְכׇל כֹּהֵן שֶׁיִּרְצֶה.
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.
אֲמַר לֵיהּ אַבָּיֵי: בִּשְׁלָמָא אִי אַשְׁמוֹעִינַן חַלַּת חוּצָה לָאָרֶץ בָּאָרֶץ, דְּאִיכָּא לְמִיגְזַר מִשּׁוּם חַלַּת הָאָרֶץ דְּאוֹרָיְיתָא, וְלָא גָּזְרִינַן – אִיכָּא לְמִשְׁמָע מִינַּהּ.
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.
אֶלָּא חוּצָה לְאָרֶץ, מִשּׁוּם דְּלֵיכָּא לְמִיגְזַר הוּא. אֲבָל הָכָא, אִי שָׁרֵית לֵיהּ לְאַסּוֹקֵי עוֹף וּגְבִינָה, אָתֵי לְאַסּוֹקֵי בָּשָׂר וּגְבִינָה, וּמֵיכַל בָּשָׂר בְּחָלָב דְּאוֹרָיְיתָא.
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.
מַתְקֵיף לַהּ רַב שֵׁשֶׁת: סוֹף סוֹף צוֹנֵן בְּצוֹנֵן הוּא! אָמַר אַבָּיֵי: גְּזֵירָה שֶׁמָּא יַעֲלֶה בְּאִילְפָּס רוֹתֵחַ.
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.
סוֹף סוֹף, כְּלִי שֵׁנִי הוּא, וּכְלִי שֵׁנִי אֵינוֹ מְבַשֵּׁל! אֶלָּא גְּזֵירָה שֶׁמָּא יַעֲלֶה בְּאִילְפָּס רִאשׁוֹן.
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.
מַתְנִי׳ הָעוֹף עוֹלֶה עִם הַגְּבִינָה עַל הַשּׁוּלְחָן, וְאֵינוֹ נֶאֱכָל, דִּבְרֵי בֵּית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים: לֹא עוֹלֶה וְלֹא נֶאֱכָל. אָמַר רַבִּי יוֹסֵי: זוֹ מִקּוּלֵּי בֵּית שַׁמַּאי וּמֵחוּמְרֵי בֵּית הִלֵּל.
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.
בְּאֵיזֶה שׁוּלְחָן אָמְרוּ? בְּשׁוּלְחָן שֶׁאוֹכֵל עָלָיו, אֲבָל בְּשׁוּלְחָן שֶׁסּוֹדֵר עָלָיו אֶת הַתַּבְשִׁיל – נוֹתֵן זֶה בְּצַד זֶה, וְאֵינוֹ חוֹשֵׁשׁ.
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.
גְּמָ׳ רַבִּי יוֹסֵי הַיְינוּ תַּנָּא קַמָּא? וְכִי תֵּימָא: אֲכִילָה גּוּפַהּ אִיכָּא בֵּינַיְיהוּ, דְּקָאָמַר תַּנָּא קַמָּא: בְּהַעֲלָאָה קָא מִיפַּלְגִי, בַּאֲכִילָה לָא פְּלִיגִי, וַאֲמַר לֵיהּ רַבִּי יוֹסֵי: אֲכִילָה גּוּפַהּ מִקּוּלֵּי בֵּית שַׁמַּאי וּמֵחוּמְרֵי בֵּית הִלֵּל.
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.
וְהָתַנְיָא, רַבִּי יוֹסֵי אוֹמֵר: שִׁשָּׁה דְּבָרִים מִקּוּלֵּי בֵּית שַׁמַּאי וּמֵחוּמְרֵי בֵּית הִלֵּל, וְזוֹ אַחַת מֵהֶן – עוֹף עוֹלֶה עִם הַגְּבִינָה עַל הַשּׁוּלְחָן, וְאֵינוֹ נֶאֱכָל, דִּבְרֵי בֵּית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים: לֹא עוֹלֶה וְלֹא נֶאֱכָל!
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.
אֶלָּא, הָא קָמַשְׁמַע לַן: מַאן תַּנָּא קַמָּא? רַבִּי יוֹסֵי – כׇּל הָאוֹמֵר דָּבָר בְּשֵׁם אוֹמְרוֹ מֵבִיא גְּאוּלָּה לָעוֹלָם, שֶׁנֶּאֱמַר ״וַתֹּאמֶר אֶסְתֵּר לַמֶּלֶךְ בְּשֵׁם מׇרְדֳּכָי״.
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.
תְּנָא אַגְרָא חֲמוּהּ דְּרַבִּי אַבָּא: עוֹף וּגְבִינָה נֶאֱכָלִין בְּאַפִּיקוֹרַן. הוּא תָנֵי לַהּ, וְהוּא אָמַר לַהּ: בְּלֹא נְטִילַת יָדַיִם וּבְלֹא קִינּוּחַ הַפֶּה.
§ 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.
רַב יִצְחָק בְּרֵיהּ דְּרַב מְשַׁרְשְׁיָא אִיקְּלַע לְבֵי רַב אָשֵׁי, אַיְיתוֹ לֵיהּ גְּבִינָה – אֲכַל, אַיְיתוֹ לֵיהּ בִּשְׂרָא – אֲכַל, וְלָא מְשָׁא יְדֵיהּ. אָמְרִי לֵיהּ: וְהָא תָּאנֵי אַגְרָא חֲמוּהּ דְּרַבִּי אַבָּא: עוֹף וּגְבִינָה נֶאֱכָלִין בְּאֶפִּיקוֹרֶן, עוֹף וּגְבִינָה – אִין, בָּשָׂר וּגְבִינָה – לָא!
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.
אֲמַר לְהוּ: הָנֵי מִילֵּי בְּלֵילְיָא, אֲבָל בִּימָמָא הָא חָזֵינָא.
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.
תַּנְיָא: בֵּית שַׁמַּאי אוֹמְרִים: מְקַנֵּחַ, וּבֵית הִלֵּל אוֹמְרִים: מֵדִיחַ. מַאי ״מְקַנֵּחַ״ וּמַאי ״מֵדִיחַ״?
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]?
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