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The Torah
com
Why Chicken and Cheese Became Prohibited
But Chicken and Egg Remained Permitted
Dr, Jordan D. Rosenblum.
@) ne of the most wellknown kosher laws isthe prohibition of consuming meat and milk products together. While the
story of how the rabbis came to forbid consumption ofa beet and cheese hamburger has been tld in detail"! a part
ofthis tae is less known: How did che rabbis come to forbid consumprion of a chicken and cheese burger?
“The answer to this question begins in Deuteronomy 14:21, where, forthe thd time, the Torah commands:
sn ions "970 No not cook a kid in its mother's milk!)
‘While it was an important enough command to repeat - verbatim - three times in the Hebrew Bible, the precise meaning of
‘his phrasing is unclear and was the subject of much debate in antiquity (and beyond) In what follows, I discuss only some
ancient Jewish interpretations of how this biblical prohibition was understood and put into praetiee in both the kitchen andl at
the able
Philo’s Literal Interpretation: Don't Be Cruel
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In the Second Temple period, we have evidence that at least one Jew, the philosopher Philo of Alexandria, understood this
biblical injunction literally, ic. a prohibition to bol a baby animal in its own mother's milk|4) and saw in it lesson in ethics
Philo argues that itis so easy to avoid eating the meat of baby animal with milk that literally comes from the wdder from,
which it nursed, that only cruel people with no scnse of compassion would go out oftheir way to do this:
i was grossly improper that the substance which fed the living animal should be used to season and
{lavour the same after its death, and that while nature provided for its conservation by creating the
stream of milk and ordaining that it should pass through the mother's breasts as through conduits, the
license of man should rise to such a height as to misuse what had sustained its life to destroy also the
body which remains in existence.
If indeed anyone thinks good to boil flesh in milk, let him do so without eruelty and keeping clear of
impiety. Everywhere there are herds of catle innumerable, which are milked everyday by cowherds, goat-
herds and shepherds, whose chief source of income as cattle reaers is mill, sometimes liquid and
sometimes condensed and coagulated into cheese; and since milk i so abundant, the person who boils
the flesh of lambs or kis or any other young animal in their mother’s milk, shows himself cruelly brutal
in character and gelded of compassion, that most vital of emotions and most neatly akin to the rational
soul 5)
According to Philo, ifyou were to cook meat from a baby animal in milk that comes from another mother, then that would not
violate this taboo and would be “kosher."IS Philo could not have possibly meant to include fowl in this prohibition, since
‘mother birds do not produce milk;
“All Meat Is Forbidden to Be Cooked with Milk”
‘The rabbis advance a very different interpretation. For them, the law is not specific, but general: alfmeat cannot be cooked with
allmilk. Further, the move from specific to general meant that they also consider this as a prohibition against eating —not just
boiting—meat and mi together Hence, it regulate both kitchen practice and table practice. M. Helin 8 states:
inabrs bea sow wan ba All mest ie frbidden tobe cooked with mil, excep forthe meat of
fish and locust
por-was pin bea Sy pnain ap nya iow And i is forbidden to bring it up with cheese an the table, except for
sm the meat of fish and locusts,
‘When discussing cooking in the kitchen, the text refers to mill; but then, when it tums to eating at the table, cheese isthe mill
to which it refers, (Cheese, a coagulated dairy product, was the most common form in whieh milk was consumed in the ancient
world.) This move from milk to cheese highlights the fact that the rabbis read Deuteronomy 14:21 and related texts asa general
Jat all milk, and all milk produets, ate forbidden to be cooked andor consumed with all meat.
‘But what about fowl? M. Hlullin 8:1 continues:
avs bow inbonty pram ap shy apn Fowl may go up with cheese on the table, bur it may not be eaten; the
“NOU words ofthe House of Shamma,
Sona hi riny wb omiow Soa rvat_ But she House of Hill says: It may nether go up, nor may it be
‘Ths, the Houses of Shammai and Hillel debate whether fowl can be brought up tothe table with cheese, but not whether they
can be eaten together:
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«+. But Is Fowl “Meat”?
‘While the Houses of Shammai and Hillel agree that fowl cannot be eaten with cheese, not al rabbis agreed. For example, just a
few mishnayotlater, we read (m. Hulln 8:4, emphasis added)
Nosoiaw arin pe BOW MINTO KEY Rabbi Aqiva says: Undomesticated animal and fowl are not
(2) 715 () ore OPE whe WH ana
ah (3} 19% milk; thre times [in the Hebrew Bible], to exclude (1) undomestcated
animal, (2) fowl, and (3) impure domesticated animal
va'wan prohibited by the Tora, sit is sa ‘Don’ cook a kid in ts mothers
sana nha be awn xb-inwa seme Yoban Yor Rabbi Yes! the Galilean say: I ssa, "Don't eat any carcass" [in the
beginning of Deuteronomy 14:21], and itis sad, "Dont cook a kid in
its mother’s mill [atthe end of Deuteronomy 1424) that which i
forbidden on account of areas,” is forbidden to cook in milk
ara twsh vex xn bo ris own eKAY Fowl, which is forbidden on account of carcass,
might one conclude that it’s forbidden to cook in
milk?
soe ahn paw np ew abr ay chm Scripture says, “in its mother’ mil," to exclude fow, which has no
smother’ mil,
[Rabbi Aqiva states that the fowl and cheese prohibition is not from the Torah (einamm min ha-Toral) and that fowl is excluded
from this prohibition. Similarly, Rabbi Yosi the Galilean declares that fowl has no mother's milk (cin o chalav em), s it simply
cannot be cooked “in its mother’s milk." To be clear, neither authority rejects the rabbinic principle that meat and milk
products may not be consumed together or even appear on the same table; they simply dehate what categories of animals are
included and excluded from this legislation.
‘There’s No Communication Like Excommunication
‘The ‘Talmud inherits this tension between traditions that include fowl in all meat, and those that exclude birds. Eventually, the
former tradition wins the day and foul are treated like all meat and hence not consumed with cheese, Nevertheless, several later
‘Talmudic texts such as b, Hullin16a (ep. 5. Shabbat 1303) suggest that fowl was eaten with milk. The story centers around the
Jate ranna, Levis
“nor sb php nh Levi visited the house of Josep the Fowler
.sabra noror we mph ims They served im a peacoe’s ead [cooked] inal
SPEND AORNH He didnt say anything to chem
wrrnngn wb wou sb anu sor gph Mra When he came before Rabbi [and told him what happened, Rabbi] said
tohim: Why did't you excommunicate them?
arms reine nt aan He said to hime Iwas the locale of Rabbi Judah b.Beterah, and
mibreD ap mea ban one wb wT thought, perhaps he expounded for them in accordance with Rabbi
!o8 Yosi the Galilean, wh said: “to exclude owl, whieh has no mother's
sil”
In this anecdos
the prefered view is that peacock and mill dish isn’t kosher and therefore, serving its worthy of
excommunication. But Levi doesn't excommunicate his friend Joseph the Fowler (whose occupation likely isnt coincidental)
‘because Yosi the Galilean’s position lends potential authority to Joseph the Fowler's practice.
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Fowl and Cheese May be Eaten (only) with Abandon!
“The postion permitting fowl and milk products was pushed tothe sidelines over the course ofthe Talmud period, A great
‘example ofthis phenomenon appears in a Talmudic pericope in which a statement advocating this postion is reworked by
the redactor in such a way as to render it almost invisible (b. Hullin 104b):
.pipara phos nna mp akan aT7 mon UNI Apa the itherin-law of Rabbi Abb, taught: Fowl and cheese maybe
caten with abandon,
op wont orr ives nba snbsaw xen abn won He taught it and explained it: [*With abandon” means] without
.Aen washing the hands and without wiping the mouth [betwoen cating fowl
and cheese
Reading this text as a whole, you almost miss what has happened. Buta redaction-eritcal approach suggests that the text that
‘Agra taught (“Fowl and cheese may be eaten with abandon”) was a stand-alone text which simply meant: “Fowl and cheese may
be eaten together; i's totally kosher.” But Agra, or the Talmud in his name, takes this tradition and modifies it with an “official
explanation," that this only means that one can be eaten after the other without hand and mouth washing, but not at the same
time 201
“This interpretational sleight of hand continues with the inclusion ofa (now seemingly relevant) story:
Rav Isaac the son of Rav Mesharshiya visited Rav Ash's house, They
‘brought him cheese, [and] he ate, (Then] chey brought htm meat,
and) heat, and he didnot wash his hands [in between]
yan gD KOKI mon TAR DAR NALA OR They sid to him: But di not Agra, the father-in-law of Rabbi Abba,
apna fk teach: “Fowl and chesse may he eaten with abandon"?
yrx-nPB AB [Does not this imply] fowl and cheese, yes; [but] meat and cheese,
wert a= noo ab 70% He said to them: This applies only at night, but during the day I can
‘The original uling that fowl may be eaten together with cheese is not even considered, and in ts place, the reinterpretation is
taken as a starting point in this story. In other words, they quote the words “fowl and cheese may be eaten with abandon,” but
all the rabbis in the story take it for graned that it means “without washing hands." Is thus a given inthis story that Age's
statement assumes that fowl and cheese are actually forbidden to be eaten together, the very opposite postion ofthe one it
originally espoused!
Don't Get Carried Away
Recognizing the tension between the verse and the rabbinic law, Maimonides attempts to explain the rabbinic logic for the
fowl-as-meat rule while taking into account what the verse appears to mean (Mishneh Torah, Ma'akhalor‘Assurot 9:4)
pena abr ram brs payss™w2 Similarly, che meat ofa non-domesticated animal and fow, whether
nro AbaKa To [cooked] in che milk oa non-domesticated animal or in the milk of
omesticated animal, is not forbidden to eat bythe Torah.”
mena ann he:
‘Therefore itis permitted 1 cook it [together] and its permitted to
Aerive benefit from i
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pen wes we
raya eM Bit is forbidden to et by rabbinic law inorder that people dont get
sys foreman dy sbnaws ONT WS caried away and come to violate the biblical prohibition agains milk
rsp nan ana mo
and meat, and eat the meat of pure domesticated animal [cooked] in
the milk ofa pare domesticated animal
For the literal meaning of Scripture refers only toa kid [cooked] in the
alk of ts actual mother.
shratya bone
‘Therefore, chey forbade all meat with milk.
“Maimonides acknowledges that eating fowl and cheese together does not violate the biblical commandment, The reason
Maimonides gives forthe rabbinic prohibition is that people ean miss subtle nuances that distinguish different types of mest,
and since Deuteronomy 14:21 sounds as iit only prohibits a kd in its mothers’ milk, the rabbis took the extraordinary step of
prohibiting non-domesticated animals and even fow! to be consumed with milk products, in order to make absolutely sure that
Jows don’t come to violate the rabbinic understanding of the biblical prohibition.
‘Historically speaking, its likely that how this law was practiced shifted over time, as did the categories of what counted as
‘meat and what did not, (Though not forall Jews; for example, Karaites saw no reason to read fow! into the prohibition of
Deuteronomy 14:21.)""! Maimonides therefore is offering a retrospective logi that provides 2 justification for the evolution of
this law.
Chicken and Eggs: Not Ethics but Fiat
‘But if Jews cant eat meat and milk together, why ean they eat chicken and eggs together?
‘We have seen that normative rabbinic opinion prohibiting the consuonption of meat with milk develops to include fow!—at
least in pratice—in the broader injunction in Deuteronomy 14:21 to not cook a kid in its mother's mill. Unlike Philo, however,
the rabbis dese tht this biblical law snot about compassion, mere, oF kindness, but about compliance with divine rule!)
‘An since, for the rabbis, the law isnt about compassion, merey, or kindness, then milk and eggs are not analogous. Eggs are
not “nil,” so they present no problem, unless like Philo - one is making an ethical argument, which the rabbis are not. And
further, since the rabbis don't consider eggs tobe “meat,5] then there i no problem with cooking, eating, or deriving beneic
from eggs and milk,
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Footnotes
Pal
thed August 14,2017 |Last Updated August 23, 2021
[1] Foran extent survey of hier devepen see Dari Kremer, Jmih ating and dey Through the Age (New Yorks Rou, 2207
[2) The thes ar anda 3:19 3:26. Al lero and Aran tranason army om
Azad an Beth A. Beko, Role Jewish Stade Sec (New York: Rete fring in 2018) Ak ee Te enh Dietary Lams in the Ancient
Wold New Yorks Camige Uiversy Pres, 2018), 225, 54-55 9557, 122-16 and Fao ad det ia Bly Rabbids (New Yer: Cambege
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hntps:ilus-entralt-bageladmin.clousfunctions.netprin:?uhitps ww. thetorah.comiaricletty-chicker-and-cheese-became-prohibited.
La) To lay ven Ps reading eran rks an sumtin: ely at h(n the Hee ile dees at ony refer aby gt, at
‘more ron hen ret Phy “ier read, fring ois serpretaton of haw png othe itera ater fhe aly ain bd nt to
(s) Virtues 12-44 (rns om H Caen isthe Lob Cli itary eon 24-53), empbui aed.
[6) a te despot er ose regan fonds, Rose, The ens Ditay Laws in the Ancient Weel
{71 ora prmasn social erplnton fortis delopment ee Kraemer, jewish Eating and Identity Through the Ages ep p50, In stm Kreme argue ia
Te abn pbb, in ther word sparse Jew Jew eto cer ociion al et off en Jee the ep f what wane
soto (p50
(a) Ths she et i the printed eons Vi, Viena Soa).Te rat manus Munch 95, Yates 122, Vt 326133) eae dnt ea
(oS, Pesburg sates othe id ot ea and he ot anything them.” The aad et in Sho 13rd "he id ao enti bo pin
[o)thave writen shout ht chewhere se “Thou Shalt Not Cook Bid inte Mother Ge”
[10] On this hte deeopaat in geen see Kremer, vi Eig and tty Through ee Aes.
[ss] Bars oe ar oom the Kare interpretation oh pane Daniel Lahe
Kars” Theroeacom 2017)
ie Exegeni Source of ewith Palin: The Cae of he
[121 Thi fe wih general end abin rtr, ¢ persuade bok by Chri Hayes, Whar Die Aba Divine Lam? aly
specie Piston: Picea Unies re, 2015). Fo the conieraion of ethics oe inepetation of ther bib fd ew se To Novi “Moray
and Prepstons: On Taig 2 Mot
ber Young” TheTerstcom (218).
[s3] or exp, icusing the apy of conmuning lod found in gp, St S510 exes esse ty ae ot ied af et” Thi source ho
Dr. Jordan D. Rosenblum isthe Belzer Professor of Classical Judaism at the University of Wisconsin-Madison,
where he is also Director ofthe Religious Studies Program, He received his Ph.D. in Religious Studies fom Brown,
University, and isthe author of Food and Identity in Early Rabbinie Judaism and The Jewish Dietary Laws inthe
Ancient World, and co-editor of Religious Competition inthe Third Century CE: Jews, Christians, and the Greco-
Roman World.
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