[Avodah] HELP - Why is there an Issur BBCh on a Nefel/Shellil?

[Rabbi Meir G. Rabi]

unfortunately it is not possible to understand that eating Shellil cooked
with milk is BBCh because it is a tag-along to the Issur HanaAh of BBCh and
is active bcs it is is an Issur Kollel.

The RaMBaM MAssuros 9:6 that clearly states there is no Issur BBCh for
EATING Neveilah or Cheilev cooked with milk [just the Issur to cook] bcs
EIChAIssur - and he explains this in Kerisus as a Davar Nifla {I believe R
Micha alerted us about this some weeks ago} - that the Issur HanaAh is
really just an extended Issur Achilah

here are a few other observations
= is Shellil the same as Nefel,
- in MAssuros 4:4 re Issur of eating Neveilah,  RaMBaM uses the word Nefel
- in BBCh 9:7 following the Gemara uses the word Shellil
= Shellil in Perek 7:3 re Cheilev, uses the word Shellil to describe a live
or dead non-fully-gestated foetus

- in MAssuros 4:4 re Issur of eating Neveilah, he suggests that one who
eats Nefel, dead or alive, transgresses the Issur of eating Neveilah, as he
omits the word "dead" which he uses with precision in Halacha 1 i.e. eating
flesh taken from a living beast is not a transgression of Achilas Neveilah,
it must be from a dead beast.
- according to 4:2 there should be no Issur Achilas Neveilah when eating a
Nefel/Shellil since it cannot be Shechted to be made Kosher to eat and is
in the words of the Mishnah Chullin 72b a species of beast that cannot be
SHechted Ein BeMino Shechitah [Paskened by RaMBaM ShAvos HaTumos 2:6]

- why is a special amplification required to include Shellil in the
prohibition of BBCh, why might Shellil be different to the lungs kidneys
ears or tail of a Beheimah?
This is addrfessed by the Tiferes YaAkov - the foetus has no Issur Cheilev
if it is dead or not fully gestated. Even the Llve fully gestated does not
have Issur Cheilev until those kidney fats are exposed to the elements.
Clearly, the foetus is not a regular Beheimah and indeed without the
Derasha to include Shellil in the Issur BBCh we would correctly argue that
it may be cooked with milk and eaten.
Indeed, you may recall we discussed the Meshech Chochma who holds there is
no BBCh with a Ben PeKUAh.



Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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