More Discussions for this daf
1. The Rambam's wonderful point 2. Basar b'Chalav 3. Chalav Zachar
4. The eating of chicken and milk? 5. Lo Sevashel Gedi ba'Chalev Imo 6. Basar b'Chalav
7. Rav Nachman
DAF DISCUSSIONS - CHULIN 113

Nachman Goodman (E-mail: neil@forte.com) asks:

Dear learned friend,

My chavruta and I are currently covering Chullin 113b and putting alot of emphasis into the understanding of "ein isur chal al isur". Much of our recent learning in Chullin has addressed this topic and its many perspectives (its generalities, exceptions and methods of application).

Anyway, I was browsing your web pages and found that on Chullin 113b you posed a question "3. Basar be'chalav with the meat of a neveilah". When Iread the question and the answer (a. The Rambam ...) I noticed that the Rambam's answer, though correctly quoted from Kritut, seems to be found on the bottom of Chullin 113b (the same amud where the question was posed). The bottom of the amud discusses why, according to one opinion one would *not* incur malkut for "Bishul chelev be'chalav". The answer, according to this opinion is "le'hachi ... be'lashon bishul", and the next line of the gemara (at the top of 114a) elaborates on this. The elaboration, applied to Bishul in this case, is nearly identical to the opinion of the Rambam - since one does not incur malkut for Achila (due to ein isur chal al isur), the Isur Bishul does not incur malkut.

Is it possible that this Nekudah Nifla'ah of the Rambam is actually learned from our gemara?

Thank you for your time,

Nachman Goodman

The Kollel replies:

You have a very good point. However, it does not seem to be exactly the same point as the Rambam's. In fact, the Rambam himself (Hil. Maachalos Asuros 9:6) rules that one *is* punished with Malkus for cooking Chelev with Chalav -- although it is not prohibited to be eaten (and one may therefore derive benefit from it, presumably).

The Rambam brings as his source the Gemara in Pesachim that says "Whenever the Torah prohibits eating, the prohibition includes deriving benefit."

However, it does appear to be *similar* to what the Rambam proposed.

Yours,

Mordecai Kornfeld