Thursday, February 24, 2011

Fish & Milk: Scribal Error determines halacha?

From Daas Torah - translation copyrighted

Aruch HaShulchan (Y.D. 87:15): ... Both fish and grasshoppers are not prohibited to be eaten together with milk – even rabbinically. It is clear that it is permitted to cook fish together with milk and eat the combination. In fact is the established practice in all Jewish communities to do. However you should be aware that there is a textual error that occured in the great halachic work, the Beis Yosef, which mistakenly states that one should not eat fish and milk together because it is dangerous (Orech Chaim 173:2). There the Beis Yosef had in fact intended to mention that meat and milk is dangerous together (not fish and milk). This textual error has already been pointed out by the Rema in Darchei Moshe. However some authorities wish to rule according to this error because they say that in fact in medical books it states that fish and milk are an unhealthy combination. But in fact that is not so, because Rabbeinu Bachye writes in his commentary to Mishpatim that the danger is eating fish together with cheese because it causes leprosy – and not fish and milk. Furthermore if fish and milk were dangerous than why wasn’t this mentioned in the Shulchan Aruch? Furthermore the whole world eats fish and milk and it is considered a quality meal. There is fact is no one who is concerned for this and it is possible to eat them together without any concern. [See Tosfos at the end of the first chapter of Mo’ed Koton]

5 comments :

  1. In fact is the established practice in all Jewish communities to do.

    I am assuming that he means all Askhenazi Jewish communities as Sephardi communities have fairly consistently ruled against this. On the lenient side you have the Kaf HaHaim 87:24 and the Yalkut Yosef who permit butter with fish, but not milk or cheese. On the other side you have the Ben Ish Hai who says even with butter is ossur(Ben Ish Hai Year 2 B'halotekha 15 and Rav Pealim Vol 2 Y"D 10)

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  2. "However some authorities wish to rule according to this error because they say that in fact in medical books it states that fish and milk are an unhealthy combination."

    Even if what they are saying is true, since when have we become nannies? Are most chulents healthy? People have all sorts of unhealthy eating habits. Why pick on this?

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  3. We should not give an hechsher to an establishment which serves bagels with cream cheese and lox.

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  4. What's interesting here is that the medical knowledge common in the day was put into consideration (although perhaps not considered dispositive) by authorities on both sides regarding the danger of fish/milk combinations. Authorities in favor of forbidding the combination found it useful to state that medical books agree about its harmfulness. OTOH, for the Aruch HaShulchan, the knowledge that "the whole world" eats fish and milk together without ill effect was a factor in his determination to not be concerned about the combination.

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  5. Pretty much an undeniable conclusion to anyone who bothers to look into the matter, that Sephardim who adhere to this custom do so based on a scribal error and something that Rav Karo never intended.

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