Milk and Meat Chanukah Candles
Rabbi Yonason Johnson
Can Chanukah candles be made of milk and meat? It sounds like a strange question, but it is an issue (which may have been more relevant in earlier times) which is discussed at length by the great Halachic authorities. Their discussion touch on some of the fundamental principles found in the Laws of Kashrus.
Background – the Prohibition of Milk and Meat
The prohibition of milk and meat לא תבשל גדי בחלב אמו – do not cook a kid in its mother’s milk - appears three times in the Torah.
From one Posuk we learn the prohibition of eating milk and meat together. From the second occurrence, we derive a prohibition on cooking milk and meat together. The third recording of the Posuk adds an additional prohibition of deriving benefit from milk and meat combinations.
The law is not exclusive to a kid but extends to all kosher animals. Similarly cooking meat with any milk of a kosher animal is forbidden, even if not the milk of its mother.
The reason that the Torah teaches the prohibitions of eating and benefitting using the words “Do not cook”, is to teach us that on the biblical level (מדאורייתא), only milk and meat which have been cooked[1] together are forbidden to be eaten or benefited from.
The Rabbis also forbade eating milk and meat together where they have not been cooked or have been cooked in alternate manners such as smoking, which biblically is not defined as cooking.[2] The Rabbinic prohibition on eating other milk and meat combinations was not extended to also forbid benefiting from such mixtures[3].
Candles Made of Milk and Meat
A question arises in the Halachic sources concerning whether one can light Chanukah candles using candles which might constitute a Biblically forbidden mixture of milk and meat. Two cases in particular are discussed:
1. Candles made from butter that was cooked in a meat pot
2. In times when tallow was expensive they would add butter and cook it with the animal fats to produce candle wax.
The first scenario is a classic case of Basar BeChalav. The consensus amongst the halachic authorities is that the taste of meat which has been absorbed into the walls of the pot is biblically considered as actual meat. This ruling is based on the principle טעם כעיקר דאורייתא. This applies when the pot has been used within the last 24 hours to cook meat. Through cooking, this meat-taste comes out and is imparted into the butter, rendering it and the candles made from it Basar BeChalav. The only remaining issue to determine is whether the candles may be used for Chanukah lights or not (see below).
In addressing the second case there is a lengthy discussion amongst the Acharonim whether there is in fact a prohibition of Basar BeChalav where meat coming from a neveila (an animal which died without Shechita) or cheilev (certain fats of kosher animals which are forbidden for consumption) were cooked with milk.
Most authorities do not consider there to be a prohibition of eating the resulting mixture under the laws of Basar BeChalav, since the mixture is forbidden for consumption anyway because of the fats which are either neveila or cheilev. This principle is referred to as אין איסור חל על איסור – that something which is already forbidden cannot be subject to a new subsequent prohibition. The Poskim then debate that if there is no Basar BeChalav prohibition on eating these mixtures, perhaps there is no Basar BeChalav prohibition on cooking and benefiting from the mixture either[4].
The Pri Megadim raises a further issue in our second case. When butter is cooked with cheilev or solid fats, this is not considered cooking but rather frying[5]. There is considerable debate whether frying is considered as a biblical form of cooking. According to the Pri Megadim it is possible that milk and meat that was fried together should be permitted to benefit from, since frying is only a Rabbinically forbidden cooking method.[6] Others however take the stricter approach defining even this type of frying as a form of biblically forbidden cooking.
Assuming that there is a Biblical Basar BeChalav problem with case two as well, what is the law concerning use of either type of Basar BeChalav candles for Chanukah when it is forbidden to benefit from them?
Mitzvos are not for Benefit
The Chasam Sofer[7] rules that ordinary candles made from such wax are categorically forbidden. Since the candles qualify as Basar BeChalav using them for light would be a violation of not benefiting from Basar BeChalav. However, using the candles for Chanukah lights might be different.
Firstly, we are forbidden to benefit from the light of any type of Chanukah candles for any purpose e.g. to read using their light. We escribe this when lighting the candles, declaring; ואין לנו רשות להשתמש בהן – we have no permission to utilise them, except to see them. The only possible benefit that we can have from the candles is that we are using them to fulfil a Mitzvah. This benefit however is inconsequential based on the principle that מצות לאו להנות ניתנו - Mitzvos were not given to us to benefit from.[8] Therefore, lighting Chanukah candles would not violate the prohibition of deriving benefit from Basar BeChalav.
Background – the Prohibition of Milk and Meat
The Shaar Efraim[9] suggests a different problem. One is forbidden to benefit from milk and meat that was cooked together. Since the resulting mixture destined to be destroyed, it is considered in Halacha as though it has been destroyed already. This Halachic ‘technical reality’ is known as כתותי מכתת שיעורא.
How does this affect Chanukah candles? Even though the actual Mitzvah is fulfilled when the candles are lit, the candles must have the potential to be alight for the minimum time of half an hour (after dark). If they are extinguished before this time, the Mitzvah has still been fulfilled, since at the time of lighting they had the ability to burn for the proper duration. To this effect, the candles must be large enough to burn for that time and cannot be lit in a place where it is very likely and foreseeable that they will be extinguished.
If we consider the Basar BeChalav Chanukah candles to be ‘destroyed’ already, in ‘halachic reality’ they are unable to burn for the prescribed time and can therefore not be used.
Some Poskim disagree with this rationale, suggesting that the principle of מכתת שיעורא כתותי does not apply in this case. The standard case where the principle is applied is where the object of the Mitzvah itself requires a specific minimum measure. A lulav, for example, must be at least 4 Tefachim long. Therefore a lulav from an idolatrous tree cannot be used, since idolatry must be destroyed. The lulav is viewed as having been destroyed already and therefore lacks the required measurement. However, regarding Chanukah candles, the requirement of a measure is not in the candle itself, but rather the duration for which it must burn.
Furthermore the method of disposing Basar BeChalav differs from that of idolatrous articles. Basar BeChalav falls into the category of things which must be buried. The Mishna brings a principle that nikbarim einam nisrafim[10] things which are to be disposed by burying cannot be burned. The Rambam[11] understands that this is because even the ashes of Basar BeChalav are forbidden for benefit (aside from the possibility that burning the mixture may violate the Biblical prohibition of cooking Basar BeChalav – see below). Burying the mixture will ensure that it cannot be available or accessed for use. If so, the Basar BeChalav combination is not destined for physical destruction, and the principle of מכתת שיעורא כתותי does not apply.
Cooking the Candle Wax
The Elya zuta[12] takes a novel approach to the entire issue. The problem at hand is not one of benefit. Rather, when one burns these candles, they transgress the prohibition of cooking milk and meat together as the fat is drawn up the wick and is burned by the flame.
A possible objection is raised on this approach: In the Halachos of Shabbos there is a principle אין בישול אחר בישול – that something which has already been cooked cannot be subject to further cooking. There is considerable debate amongst the Acharonim whether this principle applies in the context of Basar BeChalav or not[13].
(For case two above, this would also depend on whether the original mixture created through frying is biblically as cooked.[14] If frying is not biblical cooking, then cooking the mixture now through kindling would be considered cooking for the first time even by those who hold that אין בישול אחר בישול).
Furthermore, one can argue that this is not the conventional manner of cooking and would not be prohibited. Usually the purpose of cooking is to prepare food for consumption. However, as the candle wax is burned up altogether מקלי קלי איסורה, there is nothing left for consumption and no violation has occurred.
The Ruling of the Mishna Berura
The Mishna Berura rules that despite the scope for leniency, Basar BeChalav candles should not be used for Chanukah lights.
In addition he raises another point; What happens if the Basar BeChalav candles become mixed up with other “kosher” candles? Do they become Battel (nullified) like other forbidden foods?
Nullification
There are certain categories of things which cannot become Battel due to their unique status. One of these categories is a davar shebeminyan – something that is sold by individual number (as opposed to being sold by weight or bag etc.). The fact that it is sold by number, with each item being counted individually, shows that each item is considered “important” and therefore cannot become battel in a mixture of other candles.
The Mishna Berura classifies candles as a davar shebeminyan (candles are sold by number for example Chanukah candles are typically sold in a box of 44). Therefore the forbidden Basar Bechalav candles cannot become nullified even if they became intermingled with 1000 “kosher” candles.
In the zechus of our Torah discussion, may we merit to see the candles of the Menorah in the Third Beis Hamikdosh with the immediate revelation of Moshiach.
_______________________
[1] Cooking is generally defined as the cooking of something in liquid over fire.
[2] Roasting is considered as cooking
[3] Rasha”l 25:100 rules that one should be stringent and not benefit from rabbinic Basar BeChalav mixtures. However, the accepted Halacha follows the Ram”o Y.D. 87:1 and Shulchon Oruch which is based on the majority of Rishonim, including the Rambam.
[4] The Rambam hilchos Machalos Asuros 9:2 rules that cooking such combinations remains biblically forbidden, By extension the prohibition of benefiting would remain in force, since the prohibitions of benefiting and cooking have the same status.
The Rashba – Toras Habayis Haaruch 81a rules like Rambam. The rational of the Rashba is that whilst we usually apply the principle אין איסור חל על איסור, ifwhen the new prohibition is an איסור מוסיף i.e. it brings a new or stronger dimension of prohibition, then we do say איסור חל על איסור. In our case, the prohibition of neveilah is not forbidden for benefit. The milk and meat prohibition adds this new dimension. Therefore all of the associated Basar BeChalav prohibitions apply.
However, the Dagul Mervava points out the Ramabam’s commentary to the Mishna Kerisus 3:4 which seems to suggest that there is no prohibition on benefit. He concludes that if one relies on this in a case of loss, he does not lose out. Even though cooking remains forbidden, benefiting is more closely connected to eating. Therefore, where there is no Basar BeChalav prohibition of eating, there is no prohibition on benefiting either.
The Pri Megadim rules stringently on the issue.
[5] This appears to be the opinion of the Tzemach Tzedek – piskei denim. Note that even according to this opinion, frying in liquid fats is still defined as cooking,
[6] In his introduction to the laws of Basar BeChalav, the Prim Megadim seems to Pasken that frying is a form of Biblical cooking. Although in the Mishbetzos Zahav 87:1 he rules that in a case of great loss, the mixture may be benefited from. The Kreisi uPleisi rules stringently as well.
The Minchas Yaakov however views frying as only rabbinically forbidden, as does the Maharam Shif on Meseches Chullin (although he conclude by writing that he is hesitant to permit benefit. Based on this the Minchas Yakov clearly permits the use of candles made from fats fried with butter.
[7] Teshuvos Chasam Sofer 92
[8] There is a minority opinion that we do not apply the principle מצות לאו להנות ניתנו to rabbinic Mitzvos such as the lighting of Chanuka candles, but this does not represent the accepted Halacha.
[9] Teshuva 38
[10] Temura 33b
[11] Hilchos Maachalos Asuros Chapter 9. This iew is also held by the Pri Toar 87:2. The Minchas Yaakov however, maintains that through burning the mixture to ahses, any milk residue or moisture is completely … although this position seems to negate the concept of Chaticha Naasis Neveila, that even once the milk is removed, the entire substance…
[12] Elya Rabba Orach Chaim 673
[13] Mishbetzos Zahav Y.D. 105:2 rules that milk and meat that have been cooked together already, may be cooked again. Other Poskim, including the Tzemach Tzedek disagree.
[14] The Chasam Sofer Teshuva 92 distinguishes between a standard candle and a ner kroizel for the ability to cook
Rabbi Yonason Johnson
Can Chanukah candles be made of milk and meat? It sounds like a strange question, but it is an issue (which may have been more relevant in earlier times) which is discussed at length by the great Halachic authorities. Their discussion touch on some of the fundamental principles found in the Laws of Kashrus.
Background – the Prohibition of Milk and Meat
The prohibition of milk and meat לא תבשל גדי בחלב אמו – do not cook a kid in its mother’s milk - appears three times in the Torah.
From one Posuk we learn the prohibition of eating milk and meat together. From the second occurrence, we derive a prohibition on cooking milk and meat together. The third recording of the Posuk adds an additional prohibition of deriving benefit from milk and meat combinations.
The law is not exclusive to a kid but extends to all kosher animals. Similarly cooking meat with any milk of a kosher animal is forbidden, even if not the milk of its mother.
The reason that the Torah teaches the prohibitions of eating and benefitting using the words “Do not cook”, is to teach us that on the biblical level (מדאורייתא), only milk and meat which have been cooked[1] together are forbidden to be eaten or benefited from.
The Rabbis also forbade eating milk and meat together where they have not been cooked or have been cooked in alternate manners such as smoking, which biblically is not defined as cooking.[2] The Rabbinic prohibition on eating other milk and meat combinations was not extended to also forbid benefiting from such mixtures[3].
Candles Made of Milk and Meat
A question arises in the Halachic sources concerning whether one can light Chanukah candles using candles which might constitute a Biblically forbidden mixture of milk and meat. Two cases in particular are discussed:
1. Candles made from butter that was cooked in a meat pot
2. In times when tallow was expensive they would add butter and cook it with the animal fats to produce candle wax.
The first scenario is a classic case of Basar BeChalav. The consensus amongst the halachic authorities is that the taste of meat which has been absorbed into the walls of the pot is biblically considered as actual meat. This ruling is based on the principle טעם כעיקר דאורייתא. This applies when the pot has been used within the last 24 hours to cook meat. Through cooking, this meat-taste comes out and is imparted into the butter, rendering it and the candles made from it Basar BeChalav. The only remaining issue to determine is whether the candles may be used for Chanukah lights or not (see below).
In addressing the second case there is a lengthy discussion amongst the Acharonim whether there is in fact a prohibition of Basar BeChalav where meat coming from a neveila (an animal which died without Shechita) or cheilev (certain fats of kosher animals which are forbidden for consumption) were cooked with milk.
Most authorities do not consider there to be a prohibition of eating the resulting mixture under the laws of Basar BeChalav, since the mixture is forbidden for consumption anyway because of the fats which are either neveila or cheilev. This principle is referred to as אין איסור חל על איסור – that something which is already forbidden cannot be subject to a new subsequent prohibition. The Poskim then debate that if there is no Basar BeChalav prohibition on eating these mixtures, perhaps there is no Basar BeChalav prohibition on cooking and benefiting from the mixture either[4].
The Pri Megadim raises a further issue in our second case. When butter is cooked with cheilev or solid fats, this is not considered cooking but rather frying[5]. There is considerable debate whether frying is considered as a biblical form of cooking. According to the Pri Megadim it is possible that milk and meat that was fried together should be permitted to benefit from, since frying is only a Rabbinically forbidden cooking method.[6] Others however take the stricter approach defining even this type of frying as a form of biblically forbidden cooking.
Assuming that there is a Biblical Basar BeChalav problem with case two as well, what is the law concerning use of either type of Basar BeChalav candles for Chanukah when it is forbidden to benefit from them?
Mitzvos are not for Benefit
The Chasam Sofer[7] rules that ordinary candles made from such wax are categorically forbidden. Since the candles qualify as Basar BeChalav using them for light would be a violation of not benefiting from Basar BeChalav. However, using the candles for Chanukah lights might be different.
Firstly, we are forbidden to benefit from the light of any type of Chanukah candles for any purpose e.g. to read using their light. We escribe this when lighting the candles, declaring; ואין לנו רשות להשתמש בהן – we have no permission to utilise them, except to see them. The only possible benefit that we can have from the candles is that we are using them to fulfil a Mitzvah. This benefit however is inconsequential based on the principle that מצות לאו להנות ניתנו - Mitzvos were not given to us to benefit from.[8] Therefore, lighting Chanukah candles would not violate the prohibition of deriving benefit from Basar BeChalav.
Background – the Prohibition of Milk and Meat
The Shaar Efraim[9] suggests a different problem. One is forbidden to benefit from milk and meat that was cooked together. Since the resulting mixture destined to be destroyed, it is considered in Halacha as though it has been destroyed already. This Halachic ‘technical reality’ is known as כתותי מכתת שיעורא.
How does this affect Chanukah candles? Even though the actual Mitzvah is fulfilled when the candles are lit, the candles must have the potential to be alight for the minimum time of half an hour (after dark). If they are extinguished before this time, the Mitzvah has still been fulfilled, since at the time of lighting they had the ability to burn for the proper duration. To this effect, the candles must be large enough to burn for that time and cannot be lit in a place where it is very likely and foreseeable that they will be extinguished.
If we consider the Basar BeChalav Chanukah candles to be ‘destroyed’ already, in ‘halachic reality’ they are unable to burn for the prescribed time and can therefore not be used.
Some Poskim disagree with this rationale, suggesting that the principle of מכתת שיעורא כתותי does not apply in this case. The standard case where the principle is applied is where the object of the Mitzvah itself requires a specific minimum measure. A lulav, for example, must be at least 4 Tefachim long. Therefore a lulav from an idolatrous tree cannot be used, since idolatry must be destroyed. The lulav is viewed as having been destroyed already and therefore lacks the required measurement. However, regarding Chanukah candles, the requirement of a measure is not in the candle itself, but rather the duration for which it must burn.
Furthermore the method of disposing Basar BeChalav differs from that of idolatrous articles. Basar BeChalav falls into the category of things which must be buried. The Mishna brings a principle that nikbarim einam nisrafim[10] things which are to be disposed by burying cannot be burned. The Rambam[11] understands that this is because even the ashes of Basar BeChalav are forbidden for benefit (aside from the possibility that burning the mixture may violate the Biblical prohibition of cooking Basar BeChalav – see below). Burying the mixture will ensure that it cannot be available or accessed for use. If so, the Basar BeChalav combination is not destined for physical destruction, and the principle of מכתת שיעורא כתותי does not apply.
Cooking the Candle Wax
The Elya zuta[12] takes a novel approach to the entire issue. The problem at hand is not one of benefit. Rather, when one burns these candles, they transgress the prohibition of cooking milk and meat together as the fat is drawn up the wick and is burned by the flame.
A possible objection is raised on this approach: In the Halachos of Shabbos there is a principle אין בישול אחר בישול – that something which has already been cooked cannot be subject to further cooking. There is considerable debate amongst the Acharonim whether this principle applies in the context of Basar BeChalav or not[13].
(For case two above, this would also depend on whether the original mixture created through frying is biblically as cooked.[14] If frying is not biblical cooking, then cooking the mixture now through kindling would be considered cooking for the first time even by those who hold that אין בישול אחר בישול).
Furthermore, one can argue that this is not the conventional manner of cooking and would not be prohibited. Usually the purpose of cooking is to prepare food for consumption. However, as the candle wax is burned up altogether מקלי קלי איסורה, there is nothing left for consumption and no violation has occurred.
The Ruling of the Mishna Berura
The Mishna Berura rules that despite the scope for leniency, Basar BeChalav candles should not be used for Chanukah lights.
In addition he raises another point; What happens if the Basar BeChalav candles become mixed up with other “kosher” candles? Do they become Battel (nullified) like other forbidden foods?
Nullification
There are certain categories of things which cannot become Battel due to their unique status. One of these categories is a davar shebeminyan – something that is sold by individual number (as opposed to being sold by weight or bag etc.). The fact that it is sold by number, with each item being counted individually, shows that each item is considered “important” and therefore cannot become battel in a mixture of other candles.
The Mishna Berura classifies candles as a davar shebeminyan (candles are sold by number for example Chanukah candles are typically sold in a box of 44). Therefore the forbidden Basar Bechalav candles cannot become nullified even if they became intermingled with 1000 “kosher” candles.
In the zechus of our Torah discussion, may we merit to see the candles of the Menorah in the Third Beis Hamikdosh with the immediate revelation of Moshiach.
_______________________
[1] Cooking is generally defined as the cooking of something in liquid over fire.
[2] Roasting is considered as cooking
[3] Rasha”l 25:100 rules that one should be stringent and not benefit from rabbinic Basar BeChalav mixtures. However, the accepted Halacha follows the Ram”o Y.D. 87:1 and Shulchon Oruch which is based on the majority of Rishonim, including the Rambam.
[4] The Rambam hilchos Machalos Asuros 9:2 rules that cooking such combinations remains biblically forbidden, By extension the prohibition of benefiting would remain in force, since the prohibitions of benefiting and cooking have the same status.
The Rashba – Toras Habayis Haaruch 81a rules like Rambam. The rational of the Rashba is that whilst we usually apply the principle אין איסור חל על איסור, ifwhen the new prohibition is an איסור מוסיף i.e. it brings a new or stronger dimension of prohibition, then we do say איסור חל על איסור. In our case, the prohibition of neveilah is not forbidden for benefit. The milk and meat prohibition adds this new dimension. Therefore all of the associated Basar BeChalav prohibitions apply.
However, the Dagul Mervava points out the Ramabam’s commentary to the Mishna Kerisus 3:4 which seems to suggest that there is no prohibition on benefit. He concludes that if one relies on this in a case of loss, he does not lose out. Even though cooking remains forbidden, benefiting is more closely connected to eating. Therefore, where there is no Basar BeChalav prohibition of eating, there is no prohibition on benefiting either.
The Pri Megadim rules stringently on the issue.
[5] This appears to be the opinion of the Tzemach Tzedek – piskei denim. Note that even according to this opinion, frying in liquid fats is still defined as cooking,
[6] In his introduction to the laws of Basar BeChalav, the Prim Megadim seems to Pasken that frying is a form of Biblical cooking. Although in the Mishbetzos Zahav 87:1 he rules that in a case of great loss, the mixture may be benefited from. The Kreisi uPleisi rules stringently as well.
The Minchas Yaakov however views frying as only rabbinically forbidden, as does the Maharam Shif on Meseches Chullin (although he conclude by writing that he is hesitant to permit benefit. Based on this the Minchas Yakov clearly permits the use of candles made from fats fried with butter.
[7] Teshuvos Chasam Sofer 92
[8] There is a minority opinion that we do not apply the principle מצות לאו להנות ניתנו to rabbinic Mitzvos such as the lighting of Chanuka candles, but this does not represent the accepted Halacha.
[9] Teshuva 38
[10] Temura 33b
[11] Hilchos Maachalos Asuros Chapter 9. This iew is also held by the Pri Toar 87:2. The Minchas Yaakov however, maintains that through burning the mixture to ahses, any milk residue or moisture is completely … although this position seems to negate the concept of Chaticha Naasis Neveila, that even once the milk is removed, the entire substance…
[12] Elya Rabba Orach Chaim 673
[13] Mishbetzos Zahav Y.D. 105:2 rules that milk and meat that have been cooked together already, may be cooked again. Other Poskim, including the Tzemach Tzedek disagree.
[14] The Chasam Sofer Teshuva 92 distinguishes between a standard candle and a ner kroizel for the ability to cook