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Dosh 22 – Milking 2; Difference Between Shabbos and Yom Tov (Klal 14 Siman 8) Hilchos Shabbos – S0384

D'var Halacha
D'var Halacha
Dosh 22 - Milking 2; Difference Between Shabbos and Yom Tov (Klal 14 Siman 8) Hilchos Shabbos - S0384
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  Sponsorships for the upcoming Klalim, which discuss the 39 melachos of Shabbos, are available. Please contact Rabbi Reingold for more information at rabbireingold@gmail.com or 301.996.5910   We are continuing in siman 8, discussing choleiv (milking), which is a toldah of dosh. We learned that milking for the purpose of using the liquid is assur mideoraysa, and milking in order to relieve the milk will likely be muttar (although we will discuss this case in greater detail, be’ezras Hashem. Today, we will discuss milking directly into food.   At first glance, it would seem that the regular heter of squeezing a liquid directly into food should apply. We have learned (s0369) that mashkeh haba’ah laochel is inherently muttar, and that it is appropriate to be machmir for Rabbeinu Chananel’s opinion that it is assur. In a case where one has a question of significant hefsed (financial loss), it would be appropriate to rely on the primary psak that it is muttar.    However, there are two problems which need to be clarified:.
  1. The heter of mashkeh haba’ah laochel is the idea of something which begins as a food within the fruit or vegetable and is extracted directly into another food. It never had a chance to be used as a mashkeh, so it is not considered sechita. Over here, we would need to clarify the status of the cow before applying the heter. The status of the cow will depend on whether it is Shabbos or Yom Tov:
  • On Yom Tov, the cow has the halachic status of food, since it can be slaughtered and eaten. If so, the milk goes from one food directly into another, and arguably it is muttar to squeeze.
  • On Shabbos, the cow cannot be slaughtered. If so, it cannot be considered a food, and one cannot apply the heter here. This case is similar to the case of boser, inedible grapes. We learned that there is an opinion that mashkeh haba’ah laochel does not work in that case, since the original “food” (boser) is not food. 
  1. Even if we are to find cases in which mashkeh haba’ah la’ochel applies, we need to discuss the parameters and minimum requirements for it to work. For example, if one needs to milk two gallons of milk from their cow, and they wish to milk directly into a jug which has bread at the bottom, at some point, the bread will no longer absorb the milk. Rather, we need that the liquid be absorbed into the food. Similarly, for example, if one wishes to squeeze lemon onto fish, some of the lemon will inevitably run off. We will discuss the ramification of this question in the upcoming shiurim, be’ezras Hashem.
  Summary
  • Milking is assur due to the melacha of mefareik, which is a toldah of dosh.
  • There are three cases of milking, extracting the milk for the purpose of using the milk, extracting in order to relieve the animal of its pain, and mashkeh haba’ah laochel.
  • Although it would seem to apply here, mashkeh ba laochel would not apply in every situation.
 

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