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Are humans fleishik or are they on a different level? If I were to have a cut in my mouth, would that make me fleishik?

msh210
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Argon
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1 Answers1

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The Rema Yoreh Deah 79:1 says it is assur min HaTorah. Since it is assur I would assume it falls into the same category as a non-kosher animal which the Shach 87:3 says there is no issur basar b'chalav because it was assur from the Torah already.Since it has an issur of non-kosher the other halachos of kosher are not applicable. This is all on assumption no full-proof rye'a.

sam
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  • I'm not so sure. The issue has to do with ein issur chal al issur, and if human is only assur as a bittul asei then the lav would be chal (unlike donkeys which are already issur lav). – Double AA Jul 04 '12 at 23:54
  • I hear,thats why I said not sure. – sam Jul 05 '12 at 03:19
  • Ok, no joke intended here, but see my Purim Torah answer to the question about Haman being Basar BeHalav. Human flesh is an Isur 'Aseh (not Bitul 'Aseh) - or else not Asur at all. It has no status as meat. For purposes of BB"H. (Ping @doubleaa) – Seth J Jul 05 '12 at 03:40
  • @DoubleAA, I don't think there is an ain issur... issue since the second issur adds a restriction of hanaa. – YDK Jul 05 '12 at 04:51
  • @YDK Well that gets into the Rambam's nekuda niflaah, again not a universally agreed upon principle. – Double AA Jul 05 '12 at 04:54
  • Sam, you should clarify that it isn't fleish acc. to the Torah because it isn't cow, sheep or goat. It isn't fleish from the Rabbis since there is no reason to put a gezeira on something that is assur from the torah. – YDK Jul 05 '12 at 04:54
  • @YDK Cow, sheep, goats, AND tzvi, are fleishig in the Torah. – avi Jul 05 '12 at 09:18
  • @avi, Why is a tzvi not a chaya? And if you are going with the non-shulchan aruch/shach psak that chaya is fleish acc. to the torah, you should include foul as well. – YDK Jul 05 '12 at 13:29
  • @YDK it's an explicit commandment from Gd/Moshe in Devarim. When you move into Israel, you can eat the cow sheep and goat without sacrifices if you live far away from the temple, just as you have been eating the Tzvi until now. – avi Jul 05 '12 at 13:55
  • @avi, interesting drasha. Where is this brought? – YDK Jul 05 '12 at 14:52
  • @YDK Stone Chumash I believe. But really, it's pshat. – avi Jul 05 '12 at 14:58
  • @avi, if it's pshat, why doesn't the mechaber and the shach agree to that. They distinguish between b'hema and chaya without qualification. – YDK Jul 05 '12 at 15:01
  • @avi, Stone 12:22 doesn't say such. If you recall the source, i would be interested in seeing it. – YDK Jul 05 '12 at 15:05
  • טו רַק בְּכָל-אַוַּת נַפְשְׁךָ תִּזְבַּח וְאָכַלְתָּ בָשָׂר, כְּבִרְכַּת יְהוָה אֱלֹהֶיךָ אֲשֶׁר נָתַן-לְךָ--בְּכָל-שְׁעָרֶיךָ; הַטָּמֵא וְהַטָּהוֹר יֹאכְלֶנּוּ, כַּצְּבִי וְכָאַיָּל. 15 Notwithstanding thou mayest kill and eat flesh within all thy gates, after all the desire of thy soul, according to the blessing of the LORD thy God which He hath given thee; the unclean and the clean may eat thereof, as of the gazelle, and as of the hart.
    http://www.mechon-mamre.org/p/pt/pt0512.htm That is the pasuk. I can't seak for others.     – avi Jul 05 '12 at 15:09
  • Point is, the Torah calls Tzvi and Ayil Basar, and kosher. – avi Jul 05 '12 at 15:50
  • @avi Just because it's called Basar doesn't make it the kind of Basar that is forbidden to mix with milk. – Double AA Sep 10 '12 at 22:53
  • @DoubleAA Then what exactly does it need to be called? – avi Sep 11 '12 at 09:19
  • @avi Nothing. There is no way to prove it from it's being called anything. It just depends what is in the category of Gedi: is it only goats? Behomot? Land animals? Vertebrates? Animals? Comes along our mesora and explains. – Double AA Sep 11 '12 at 16:15