[Avodah] In its mother's milk

[Micha Berger via Avodah]

On Sun, Aug 20, 2017 at 11:37:29AM -0400, Akiva Miller via Avodah wrote:
: Pop quiz: How do we know that cooking chicken and milk is "only"
: d'rabanan? It's because the pasuk says, "Don't cook a kid in its
: mother's milk," and chickens don't have milk, right?
: 
: Wrong! The above would be correct according to Rabbi Yossi Haglili,
: but we don't hold like him.

Well the Rambam gives this derashah anyway -- Maakhalos Asuros 9:4.

It's also not only RYhG... Mekhilta deR' Yishmael, Mishpatim #20.

...
: We hold the halacha to follow Rabbi Akiva in this. I got that from
: Bartenura, Kehati, and ArtScroll, not to mention the many kashrus
: seforim that tell us that chayos are only d'rbanan. And I think it's
: significant that Rashi on this pasuk does NOT mention Rabbi Akiva,
: suggesting that this is indeed the halacha.

Not to mention our assuring poultry with milk. From a few blatt later
(you discussed Chullin 113a, this is 115a), we learn that bimqomo shel
RYhG, hayu okheilin besar owf bechalav. Presumably they never accepted
the gezeira.

Why am I so sure it's the same machloqes, that RYhG's opinion in the
mishnah led to the minhag's non-acceptance where he was LOR? I don't
know. But it would seem odd if his position was the neglected one in two
distinct machloqesin on the same topic; common cause seems more likely.

: So here's my question: What does Rabbi Akiva do with the word "imo"?

Sanhedrin 4a (bottom) quotes the pasuq and says "derekh bishul
aserah Torah". Rashi says that milk can support bishul, cheilev,
not so much.

I mention this only because it killed my theory that "bachaleiv imo"
was to disambiguate chalav from cheilev. Nor would this explain "imo"
rather than "eim", anyway. We don't need "hcaleiv eim/imo" if we get
that conclusion from "sevasheil".

And the reason why I was proud of that theory is that R' Aqiva holds
yeish eim lamiqra, not lemesoret. So our knowing what the vowels should
be wouldn't be enough to establish the din. I had this whole beautiful
edifice suggesting that the machloqes actually starts with yeish eim
lemiqra.

But it crashed down.

Maybe it'll spark a viable idea in someone else's head.

Tir'u baTov!
-Micha

-- 
Micha Berger             Education is not the filling of a bucket,
micha at aishdas.org        but the lighting of a fire.
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