Tuesday 15 December 2015

derabanan - Milk After Fowl


If eating milk and chicken is only a rabbinical prohibition, why don't we find that we are more lenient with regards to it. For example, why don't we wait less time between eating chicken and milk?


[the ice cream in my freezer looks good right now]




Answer



The reason why we see leniencies by rabbinic laws is because of the rule that we don't make decrees perchance that someone will come to transgress a rabbinic violation. (gezaira l'gezeira). But that is only when the 2nd decree is not related to the 1st decree. Sometimes when the rabbinic law parallels the Torah law, the chachamim will extend the decree to the rabbinic law simultaneously. This is what is referred to as "chada gezeirah hee".


An example of this can be found in Taz Y.D. 98:5. The Taz holds that if kosher and not kosher meat soups get mixed up, but then spilled and you don't know whether there was 60X kosher, but you know there was at least a majority of kosher, it is permissible because there is no case of min b'mino with a majority of kosher that is Biblically not kosher. So forbidding the safek would be a decree on a rabbinic prohibition.


However, kosher chicken soup and milk that got mixed and spilled and you don't know if there's 60X has a parallel case of meat and milk which is biblically forbidden under 60X. So the chachamim included this case when they forbade chicken as a gezeira, even though the worst case of this scenario is rabbinic.


By the way, we are lenient in some areas: you can cook chicken with milk and have benefit from it. Also, you don't have to wash between chicken and dairy.


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