[Avodah] Is it Assur to eat Neveilah?

[Rabbi Meir G. Rabi via Avodah]

R Akiva Miller asked - why can a horse not be Shechted?

A horse cannot be Shechted the same way that a G cannot perform Shechitah.
Shechitah is not a mechanical action performed to meet certain criteria -
Shechitah requires the right person, the right animal and the proper action.

The Mishneh Chullin 72b asks a Q we would never ask, in fact it takes a
very long time to actually read and make sense of the Mishneh, so counter
intuitive is its premise.
Why is it that a horse is a Neveilah even if it is Shechted whereas a cow
which is Shechted is not a Neveilah in spite of it being a Tereifa?

In our mind, the non-Kosher status of a Tereifa is a consequence of its
ritual blemish which in no way affects the Shechitah; of course the
Shechitah should prevent the animal becoming a Neveilah.

But that is not how the Mishneh sees things -  the Mishneh understands that
the Tereifa status of the cow invalidates the Shechitah - it is, in the
Mishneh's mind, equivalent to Shechting a horse.

The Mishneh answers that Yesh BeMino Shechitah -
meaning, although the animal itself ought to be deemed not Shechted,
nevertheless as a species it has an association with Shechitah so the
Shechitah will, in spite of being imperfect, prevent it becoming a Neveilah.

And the Mishneh concludes with the astonishing observation that a premature
calf is Ein BeMino Shechitah. Although it is born from the union of a cow
and a bull, it is - as Rashi explains - not categorised as Bakar nor as
Tzon. It cannot ever be Shechted.

R Micha already noted that this touches upon the [in]famous bar-mitzvah
Pshettel of R Chaim.

But my original Q remains - what is the status of this premature non-Bakar
and non-Tzon, this non-animal?
Certainly however we kill it it is a Neveilah BUT is it Assur to eat? Hence
my Q - is there an Issur to eat Neveilah?

The Gemara [Chullin 113] requires a special Ribbuy to teach that there is
an Issur to cook premature born cow with milk Gedi LeRabbos Es HaShellil.
Why? Why might we think it is not like a regular cow?
The Tiferes YaAkov explains that such an animal has no Issur Cheilev,
Chullin 75a, which is unsurprising considering that it is not a BeHeimah,
so we may well have argued there is no Issur BBCh; KMLan that it is deemed
to be Bassar for the Issur of BBCh.

Now think about this - a Jew may not cook nor eat BBCh
If a Yid however is about to eat Cheilev, which he may not cook with milk
since it is deemed to be Bassar, we cannot warn him that he is
transgressing the Issur of eating BBCh. Why? Because Ein Issur Chal Al
Issur - once the Issur of Cheilev is already in place the later Issur of
BBCh cannot take hold.

Now the problem is - how is there an Issur of eating BBCh with the Shellil,
the non-fully gestated prematurely born cow which will be a Neveilah even
if it Shechted - if it is already Assur to eat then Ein Issur Chul Al Issur
will prevent there being a secondary Issur of eating BBCh?

Which seems to indicate that although it is a Neveilah, there is no Issur
to eat a prematurely born cow.
[To be sure we would need to verify that it has not entered its ninth
month.]

Hence my Q - Is it Assur to eat Neveilah?
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20170719/fcebe1e0/attachment-0008.html>