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Both eating a non-kosher cheeseburger and pork are assur, but suppose one is stuck on a desert island and has only these two options (the bun has already been eaten).

What should one do? Is eating one of these worse than the other?

Clifford Durousseau
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alicht
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  • What’s wrong with the water and the fish? – Daniel Ross Feb 05 '19 at 17:02
  • @DanielRoss hahaha! #touché – alicht Feb 05 '19 at 17:02
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    was the patty cooked with the cheese on it, or was the cheese added after the patty was cooked? – rosends Feb 05 '19 at 17:08
  • I'd say pork is worse. In a situation where you actually absolutely have to choose between two sins, always choose the lesser one. What you honestly and innately feel like is a lesser sin. Obviously it's a very subjective matter, but the One sees your heart. – Ilja Feb 05 '19 at 17:09
  • @rosends good q- assume it was done in a way that would still make it be בשר בחלב דאורייתא – alicht Feb 05 '19 at 17:10
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    Similar https://judaism.stackexchange.com/q/77375/759 – Double AA Feb 05 '19 at 17:12
  • @Daniel Ross: good one! But it must be said that only fish with scales and fins are deemed kosher. In case of a desert island (deserted island?) having a proper filtering system to get the salt out of the water and some good tools to catch fish may let a Jew still observe kashruth. It's yummy too. Just make sure to stock on some food as you won't light a (camp)fire on Shaabath. – Ilja Feb 05 '19 at 21:03
  • @anonymous upvote possibly? – Daniel Ross Feb 06 '19 at 01:40
  • Why should one be worse in a situation of pekuach nefesh? one doesn't need to eat kosher food if the issue of pekuach nefesh is centered around eating – Dude Mar 06 '19 at 16:44
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    I do recall hearing a hora'a that Jewish soldiers in Vietnam should, in such situations, attempt to eat meat from a kosher animal (even if not kosher) rather than meat from a non-kosher animal. So cheeseburger, but hold the cheese, is preferable to pork. – Menachem Mar 07 '19 at 03:08
  • Why can’t such a person scrape off the cheese and a bit of the meat and eat what’s left? – DonielF Mar 12 '19 at 01:17

3 Answers3

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The Torah Prohibition is to cook meat with milk (Shulchan Aruch Yore Dea 87,1).

The majority of opinions say that frying cheese with meat does not fall under the category of Bishul to be forbidden Min Hatorah (although obviously forbidden Miderabannan) see Chavos Daas who quotes Rashi and Tosfos in Sanhedrin 4a, Pischei Teshuva Yore Dea 87,1 who quotes The Maharam Shif, Maharshal, Minchas Yaakov, Pri Megadim and Chassam Sofer. The 2 opinions who prohibit cheese fried with meat are the Creisi upleisi and the Pri Chodosh, but the Chavos Daas says that this opinion is unfound and we rely on the Rishonim who say frying cheese with meat is prohibbitted only Miderabannan. So there seems to be no prohibition mideoraisa of Basar Bechalav for cheese fried with burger according to most opinions.

Also scientific research has been done to suggest that as little as 12% content of the average burger is actual beef (see here). The Rambam Maacholos Assusros 14,4 that inflating a piece of meat with water which accounts on average 49% of the burger does not count towards the measurement:היה פחות מכזית מבתחלה ונתפח ועמד על כזית אסור ואין לוקין עליו:
The Rambam Maacholos Assuros 4,18-20, mentions bone, sinews hooves,stomache (these get mushed up in burgers) etc. are not Chayav Min Hatorah (though prohibited miderabanan when one eats them as food).

Of course it is Forbidden Min HaTorah to eat even a small content of Neveila which has not been Shechted, but i think its safe to say that an untouched piece of pork contains significantly more non-Kosher Meat than the same size Hamburger, so eat the hamburger first in a life threatening situation.

user15464
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Eating pork is worse. We have no instances of God speaking of divine retribution for those who consume meat or dairy together, or even those that don't eat properly prepared/slaughtered meat from an acceptable animal. But we have God very clearly condemning those that eat the flesh of pigs.

Isaiah 66:16-17

‏כִּי בָאֵשׁ יְהוָה נִשְׁפָּט, וּבְחַרְבּוֹ אֶת-כָּל-בָּשָׂר; וְרַבּוּ, חַלְלֵי יְהוָה

‏הַמִּתְקַדְּשִׁים וְהַמִּטַּהֲרִים אֶל-הַגַּנּוֹת, אַחַר אחד (אַחַת) בַּתָּוֶךְ, אֹכְלֵי בְּשַׂר הַחֲזִיר, וְהַשֶּׁקֶץ וְהָעַכְבָּר--יַחְדָּו יָסֻפוּ, נְאֻם-יְהוָה‏

For by fire will the LORD contend, and by His sword with all flesh; and the slain of the LORD shall be many.

They that sanctify themselves and purify themselves to go unto the gardens, behind one in the midst, eating swine's flesh, and the detestable thing, and the mouse, shall be consumed together, saith the LORD.

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Aaron
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Chances are that the beef is not kosher, in which case there are two issurim for the cheeseburger: eating neveila, and basur v'chalev, versus one issur of eating pork.

There may be additional problems of "kedoshim tihiyu" or ma'arit ayin (assuming it is only a proverbial desert island) but I'm not sure societal norms make a difference between pork and cheeseburgers. My impression is that pork is slightly less acceptable in the western world, but only slightly less so.

Jeremy
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    Unless you hold like the Rambam that Basar BeChalav doesn't affect Nevelah meat – Double AA Feb 05 '19 at 18:53
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    How does kedoshim tihiyu apply to this guy on a desert island? – robev Feb 05 '19 at 18:55
  • @doubleaa How about 2 lavin for eating pork 1. don't eat an animal that doesn't chew the cud and 2. don't eat pig? Even without the Rambam pig would be worst than cheese burger as putting cheese with meat is not cooking and not Chayav Min Hatorah according to Rashi Tosfos see Beis Yosef 87 – yosefkorn Feb 05 '19 at 19:24
  • Also this question might be subjective as some people won't feed MC Donald's burgers to their dog as it tastes like rubber and might be like neveila serucha though this probably isn't true – yosefkorn Feb 05 '19 at 19:31
  • @yosefkorn There’s no special issur by pig; one is not allowed to eat animals which don’t chew their cud, of which pig is an example. Only one prohibition. – DonielF Mar 06 '19 at 15:24
  • @Jeremy So let’s say that the meat of the cheeseburger is perfectly kasher, except that it was cooked with cheese. Pretty sure there’s no issue of מראית עין, as if there are others on the desert island they probably don’t have any food either. – DonielF Mar 06 '19 at 15:28