Basar B’chalav S1/ Feb 1- (W) B1 S”A 87 1) Shemos (23,19) (p1), 2) Shemos (34,26) (p2-3), 3) Devarim (14,21) (p4-5): pesukim of “lo tevashel g’di bachalev emo,” the source for basar b’chalav. Chullin (115b)/ Pesachim (21b) says that there are 3 important issurim in BBC: 1) achilah, 2) hana’ah, and 3) bishul. The meat of a kosher animal, whether basar shechutah or neveilah, would be able to obtain the issur of BBC. Counting the number of issurim in BBC Q1) If the Torah wanted to create three different issurim why use the lashon of “bishul” three times? Why doesn’t the Torah use the lashon of “achilah” or “hana’ah?” Q2) Rambam (Sefer HaMitzvos) (p8) (Lavim 186,187) and the Sefer HaChinuch counts BBC as 2 mitzvos, a) the lav of bishul and b) a lav of achilah/hana’ah. Why don’t they count it as 3 or 1 issur? [Even though there is generally no N”M whether a person did one or two issurim in one maaseh, but there is a N”M in this case.] Sefer HaChinuch (p6)/ RambamA1) Pesachim (24b-25a) (p13) is the sugyah of “lo k’derech achilah” where BBC and KHK are exceptions to the rule b/c the Torah doesn’t use the lashon of achilah, but bishul. The lashon of “bishul” was used to teach that BBC eaten in a shelo k’derech manner is still assur. [We saw the machlokes Kresi/ Chavas Daas on this gemara by NTL by BBC.] A2) Pesachim (21b) (p10)- whenever the gemara uses the lashon of “achilah” it does not only include an issur achilah davkah, but achilah is just the most common example of getting hana’ah from a food item, and therefore the lashon of achilah also includes any form of hana’ah (unless the Torah tells us differently ex: neveilah where the Torah exclicitly says that you are allowed to have hana’ah). This is the reason why the Rambam included both achilah and hana’ah under the same issur. (The Rambam also says this svara). Q) Then why do we need 3 pesukim, just have bishul twice, once for bishul and once for achilah including hana’ah? A) Chinuch (p6-7) [lav 113] says, by BBC where the issur of achilah isn’t mentioned anywhere (rather bishul needs to be written twice to include achilah b/c of the drasha from “shelo k’derech,” the Torah chooses to write a third issur of bishul to include hana’ah. [Av: why don’t we say bishul twice and then the lashon of hana’ah for the third source? Naftali Lavenda- in order to show that the issur hana’ah is connected to the issur achilah we use the same lashon of “bishul” to teach me the issur hana’ah as well...?] Malkos on an issur hana’ah Rishonim discuss that eating a kzais of bbc gets malkos, but what if you get hana’ah from bbc (or urlah/khk) which has an issur achilah, would you get malkos? This is a major machlokes Rishonim. Ramban (Sefer HaMitzvos- [shoresh sheni]) (p14) - says that you do get malkos b/c lo tochal means lo teheneh as well. Chinuch- you don’t get malkos [b/c it is a lsbm]. Aside: Machlokes b/t Rambam and Chinuch about lav sheain bo maaseh (lsbm) Sefer HaChinuch- you don’t get malkos by a LSBM if efsahr b’davar acher. Rambam (on baal yerueh and yimetzeh by Pesach)- says that if you have chametz in your house before pesach then it is a LSBM, but if you bought the chametz on pesach then you did a maaseh and you should get malkos. Svara: The Rambam says that you only get malkos if “you actually did a maaseh in this case,” but if you didn’t then you don’t get malkos. The Chinuch says that if there is any possible case that you could have an issur hana’ah w/o doing a maaseh, then it is not ever a chiuv maaseh even if you happened to do the action with a maaseh [b/c it is “efshar bli maaseh.”] Machlokes Chinuch/ Rambam about why you don’t get malkos by issur hana’ah Svara for the Sefer HaChinuch (p7)- says that you don’t get malkos for the issur hana’ah b/c it is a lav sheain bo ma’aseh and ain lokin (ie to sell the urlah). We learn the issur of malkos from “lo tachsom shor,” (not to muzzle a shor). According to the Chinuch this lav always has a maaseh. Svara for the Rambam (p11) why don’t you get malkos for an mere issur hanaah by shaar issurim (w/o a maaseh)? A1) Magid Mishnah- the reason why you don’t get malkos is b/c you aren’t eating the food, but you are using an ochel for another purpose and that is shelo k’derech!! b/c the davar ochel is meant to eat. This is why there is no malkos. (Av: But if you do a maaseh then you do get malkos and that is also not the ‘prime issur’) A2) Mishna L’Melech- says that hana’ah is not written b’perush, but achilah is written b’perush so t

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