1)

(a)We just concluded that there is no Pircha to ask on the case of Kil'ayim (vis-a-vis Basar be'Chalav). And we query this with the Pircha Mah li'Kelai ha'Kerem she'Kein Lo Haysah lah Sha'as ha'Kosher (like we asked on Orlah). This Kashya is based on the misconception that - the original seeds do not become forbidden, only what grows from the roots.

(b)Rav Ada bar Ahavah therefore answers that - once Kil'ayim grows, even the roots, which were originally permitted (become forbidden).

2)

(a)Rav Shemaya bar Ze'ira queries this however, from a Beraisa, where the Tana, discussing a plant-pot with a hole containing seeds that one transports through a vine-yard ...

1. ... forbids the growth as long as - so much grew that there is less than two hundred of the Heter to the one of Isur that grew after it entered the field.

2. ... permits it - as long as less than that grew, leaving at least two hundred of Heter against the one of Isur.

(b)This proves that - only what subsequently grows (beyond the Shi'ur of two hundred) is Asur, (but not the original seeds), just like we originally thought.

(c)Abaye answers by citing two Pesukim in Ki Seitzei. He establishes ...

1. ... "Pen Tikdash ha'Melei'ah" - by a vineyard to which seeds, which where planted be'Heter, were brought only later.

2. ... "ha'Zera" - by seeds that were sown in the vineyard be'Isur,

(d)The former - remain permitted, and it is only what subsequently grows (by two hundred per cent) that becomes Asur; whereas the latter - become forbidden as soon as they take root.

(e)We establish our Mishnah not like Rebbi Shimon ben Yehudah, who learns in the name of Rebbi Shimon (from the Gezeirah-Shavah "Kadosh" ("Ki Am Kadosh Atah") "Kodesh" ("ve'Anshei Kodesh Tih'yun Li") that - just as T'reifah is Mutar be'Hana'ah, so too is Basar be'Chalav.

3)

(a)The problem with Rebbi Akiva, who precludes Chayah, Of and Beheimah Teme'ah from the prohibition of Basar be'Chalav from the three times G'di mentioned in the Torah is that - we need all three of them for Shmuel's D'rashos (one to include Cheilev and Meisah, one to include a Sh'lil and one to preclude a Beheimah Temei'ah [the only one which coincides with Rebbi Akiva]).

(b)We dispense with the Kashya from ...

1. ... Cheilev and Meisah - in that Rebbi Akiva holds Isur Chal al Isur (already before the D'rashah).

2. ... Sh'lil - in that he considers a Sh'lil to be a Beheimah] in which case it does not need a Pasuk to include it.

4)

(a)One of the differences between Rebbi Akiva in our Mishnah (Chayah ve'Of Einah min ha'Torah) and Rebbi Yossi ha'Gelili (es she'Asur Mishum Neveilah Asur Levashel be'Chalav) is a Chayah - which is Asur d'Oraysa according to Rebbi Yossi ha'Gelili, but only mi'de'Rabbanan, according to Rebbi Akiva.

(b)Alternatively, they argue over Of - which Rebbi Akiva maintains is Asur mi'de'Rabbanan, whilst Rebbi Yossi ha'Gelili holds that it is permitted.

(c)This latter interpretation of their Machlokes has the support of a Beraisa, which testifies how the residents of Rebbi Eliezer's town (based on his opinion that All necessary preparations for a Mitzvah that overrides Shabbos, override Shabbos, too) used to cut wood on Shabbos to burn a fire to make charcoal - in order to fashion a knife, so as to be able to perform a B'ris that has fallen due on the same day.

(d)The Tana also testifies - that in Rebbi Yossi ha'Gelili's town they used to cook fowl in milk.

5)

(a)When Levi arrived at the house of Yosef the bird-hunter and saw that they served a peacock's head that had been cooked in milk - he said nothing.

(b)Rebbi maintained - that he should have placed them in Cherem.

(c)Levi however, justified his silence - inasmuch as he assumed that the place, whose Rav was Rebbi Yehudah ben Beseira - followed the opinion of Rebbi Yossi ha'Gelili, who permitted it, even mi'de'Rabbanan, as we just learned.

6)

(a)When our Mishnah forbids the Keivah of Nochrim and of Neveilah - it is referring to the congealed milk that one finds inside their stomachs.

(b)The Tana forbids placing milk inside an animal's stomach (to manufacture cheese [and the cheese is then forbidden]) - if the stomach is Nosein Ta'am to the milk.

(c)And he forbids the milk that a Kasher animal suckled from a T'reifah - but permits the milk that a T'reifah suckled from a Kesheirah ...

(d)... because milk that an animal suckles does not become part of it, but is rather considered as if it was lying in a jar.

7)

(a)Some Poskim want to permit congealed milk that one finds inside an animal's stomach if they were salted together, or if one added other milk, in order to manufacture cheese - because they consider this to be a case of 'Nat bat Nat' (since the congealed milk adopts the taste of the meat, which it then instils into the other milk.

(b)And they cite as a precedent fish that has been cooked in a meat pot, which may be eaten together with a milk dish (as we learned above).

(c)But in reality, there is no comparison at all between the two cases - since the first taste in the latter case, is Heter, whereas the first taste in our case (the milk in the stomach) is Isur (because of the principle Chatichah Na'asis Neveilah, as we already learned).

(d)Neither can the milk that one adds become Bateil - because we rule Miyn be'Miyno Eino Bateil.

8)

(a)Rashi originally permitted the congealed milk, provided no other milk was added - because he considered it Pirsha b'Alma (waste matter whose Chashivus has become Bateil).

(b)And he based this error on a Mishnah in Avodah-Zarah - which permits a Kohen who is not finnicky to eat it, because it is Pirsha be'Alma ...

(c)... which really means that - it has not become part of the Olah (even though it is still considered milk).

(d)And the reason that the Mishnah there forbids the same congealed milk if it is found inside an animal of Avodah-Zarah is - because those who worship it are pleased that it is there, since it causes the animal to weigh more (which renders it part of the Avodah-Zarah animal).

9)

(a)The problem with our Mishnah, which refers to the stomach that one obtains from a Nochri and the stomach of Neveilah is that - since the former too is a Neveilah, why does the Tana need to add the case of Neveilah?

(b)The Beraisa permits purchasing eggs from a Nochri (and we do not suspect that they are perhaps eggs that were found inside a Neveilah or laid by a T'reifah).

(c)The problem Rav Huna had with this Beraisa is that - by the same token, we ought not to suspect that the kid suckled from a T'reifah either.

(d)We therefore ascribe the prohibition to the fear that the kid-goat may have suckled from a Beheimah Temei'ah, which is more likely than a T'reifah - because it is more common.

(e)We do not forbid the milk that one finds inside the stomach of a kid-goat, even if it belongs to a Yisrael - because we are careful to keep our animals away from non-Kasher species (in which case they are no more common than T'reifos).

10)

(a)Shmuel explains that 'Keivas Akum ve'shel Neveilah' is actually one statement, meaning that - the congealed milk in the stomach of a kid-goat, lamb or calf is considered Neveilah.

(b)The reason that Shmuel gives for the prohibition of cheese that is manufactured by a Nochri is - because they tend to place the milk inside the stomach of a Neveilah.

(c)We reconcile that with his current statement, which considers the congealed milk itself to be Neveilah - by establishing the latter (our Mishnah), like Rebbi Yehoshua before he retracted, and the former, after the retraction (as we will now see).

11)

(a)Originally, Rebbi Yehoshua attributed the Chachamim's prohibition on Nochri cheese - to the fact that they would place it in the congealed milk of a Neveilah.

(b)However, Rebbi Yishmael forced him to retract - by asking him how that could possibly be, seeing as the Isur of Olah is more stringent than that of Neveilah, yet Chazal permitted a Kohen to eat the congealed milk in the stomach of an Olah (as we learned above).

(c)Rebbi Yehoshua subsequently attributed the prohibition to the fact that - the Nochrim place the cheese in the actual stomach of a calf of Avodah-Zarah.

12)

(a)The Seifa of our Mishnah permits the congealed milk that one finds inside a T'reifah. Rav Chisda tries to reconcile this with the Reisha, which forbids Keivas Akum ve'shel Neveilah, by differentiating between Neveilah - which is disgusting (because it appears that one is eating Neveilos), which is why the Chachamim forbade it, and T'reifah (which is not, seeing as the animal was Shechted).

(b)Rava rejects Rav Chisda's answer on the grounds that, if anything, the opposite is true - because the more disgusting it is, the less reason there is to forbid the milk, since one is less likely to then eat the stomach; whereas in the case where it is not disgusting, there is more reason to issue a decree, in case one does.

(c)So Rav Yitzchak Amar Rebbi Yochanan reconciles the Reisha of the Mishnah with the Seifa - by establishing the former before Rebbi Yehoshua retracted (as we just explained), and the latter, after the retraction.

(d)Despite the fact that the Seifa speaks after Rebbi Yehoshua retracted, Rebbi did not remove the Reisha from the text - because that is what he often does (in order not to confuse those who already learned it and fixed it in their minds.

13)

(a)Rebbi Chiya bar Aba Amar Rebbi Yochanan permitted making cheese by placing it in the stomach of a Neveilah, but forbade making it in the stomach of an animal that was Shechted by a Nochri (due to the congealed milk that it contains).

(b)When Rebbi Shimon bar Aba suggested that this was the opinion of Rebbi Eliezer - he was referring to Rebbi Eliezer who learns that S'tam Machsheves Oved-Kochavim la'Avodas Kochavim.

(c)This renders it Asur - because the owner is pleased that the animal weighs more (as we explained earlier), since it is a Kavod for the Avodah-Zarah.

(d)Following Rebbi Shimon bar Aba's suggestion, Rebbi Chiya bar Aba commented - 'Who else' (meaning that of course it was (the opinion of Rebbi Eliezer).

14)

(a)We finally rule that placing cheese ...

1. ... in the stomach of a Neveilah - is forbidden (if it is Nosein Ta'am).

2. ... in the congealed milk that one finds in the stomach of a Neveilah - is permitted (like Rebbi Yehoshua after he retracted).

3. ... in the congealed milk that one finds inside an animal that was Shechted by a Nochri - is permitted ...

(b)... because the Halachah is not like Rebbi Eliezer.