(ב) לא תבשל גדי. אַף עֵגֶל וְכֶבֶשׂ בִּכְלַל גְּדִי, שֶׁאֵין גְּדִי אֶלָּא לְשׁוֹן וָלָד רַךְ, מִמַּה שֶּׁאַתָּה מוֹצֵא בְּכַמָּה מְקוֹמוֹת בַּתּוֹרָה שֶׁכָּתוּב גְּדִי וְהֻצְרַךְ לְפָרֵשׁ אַחֲרָיו עִזִּים, כְּגוֹן אָנֹכִי אֲשַׁלַּח גְּדִי עִזִּים (בראשית ל"ח), אֶת גְּדִי הָעִזִּים (שם), שְׁנֵי גְּדָיֵי עִזִּים (שם כ"ז), לְלַמֶּדְךָ שֶׁכָּל מָקוֹם שֶׁנֶּאֱמַר גְּדִי סְתָם אַף עֵגֶל וְכֶבֶשׂ בְּמַשְׁמָע. וּבְג' מְקוֹמוֹת נִכְתַּב בַּתּוֹרָה, אֶחָד לְאִסּוּר אֲכִילָה, וְאֶחָד לְאִסּוּר הֲנָאָה, וְאֶחָד לְאִסּוּר בִּשּׁוּל (מכילתא, חולין קט"ו):
(2) לא תבשל גדי THOU SHALT NOT COOK A KID — A calf and a lamb also are comprehended under the term גדי, for גדי means nothing more than a young tender animal, as you may gather from the fact that you will find in several passages in the Torah that the term גדי is used and that the writer felt it necessary specially to explain it by adding after it the word עזים, as, e. g., (Genesis 38:17) “I will send forth a גדי of the goats”; (Genesis 38: 20) “the גדי of the goats”; (Genesis 27:9) “two kids of the goats (גדיי עזים)”. This fact serves to show you that wherever גדי is mentioned without further description the term implies also a calf and a lamb. — In three different passages the law לא תבשל גדי is written: once for the purpose of prohibiting the eating of meat-food with milk-food, once to prohibit us from deriving any other benefit (besides eating) from such mixture, and once to prohibit the boiling of meat with milk (Mekhilta; Chullin 115b).
Calves and lambs are also in the category of גדי. גדי merely specifies a tender young animal. [We know this] because you find in several places in the Torah that גדי is written and after that they needed to specify עזים (of the goats). For example: Gn 38:17,20 and Gn 27:9). This teaches you that in every place that it says just גדי , calf and lamb are included in its meaning. This is written in three places in the Torah (here, Ex 34:26 and Dt 14:21). Once with regard to the prohibition on eating, once with regard to the prohibition on deriving benefit and once with regard to the prohibition of cooking.
(ב) אמרו חסרי הדעת כי גדי מגזירת מגד. ולא יתכן כי מ"ם מגד שרש והעד הנאמן עם פרי מגדים. כי ככה לא ימצא בלשון הקדש. ועוד מה טעם לא תבשל. ואין כח ביד אדם לבשל המגד. וכתוב וממגד תבואת שמש מה טעם לומר בחלב. ואנה מצאנו כלשון הזה ועוד מה טעם אמו. ואנה נקרא העץ אם המגד. וכל זה חשבו בעבור שמצאנו זאת המצוה עם ראשית בכורי אדמתך. והנה גם היא במקום אחר עם הבשר לא תאכלו כל נבלה. והוא הישר. רק הזכירה עם הבכורים. כי אז ירבו ויגדלו הגדיים. ויש אחר שאמר לא תבשל כמו לא תאחר. שיעמוד עם אמו יותר משבעה ימים ואם כן מה טעם להזכיר המצוה הזאת פעם אחרת. ועוד כי ראייתם בשל הקציר ואיננו רק בשול כי השמש מבשלת כמו האש. וככה הבשילו אשכלותיה. ורבי שלמה אמר כי גדי הוא הקטן הרך וזה השם יאמר לקטן השור והכבש וראייתו גדי עזים כי מה צורך לסמכו. ואיננו כן כי גדי לא יקרא רק שהוא מהעזים ובלשון ערבי הוא גדי ולא יאמר על מין אחר. רק יש הפרש בין גדי ובין גדי עזים. כי גדי גדול מגדי עזים. כי עודנו צריך היותו עם העזים. וככה שעיר ושעיר עזים. וחכמים קבלו שלא יאכל ישראל בשר בחלב. ועתה אפרש. דע כי מנהג התורה לדבר על ההווה. כמו בת היענה. למה שינה הכתוב לומר ככה ותהיה הבת כוללת כל המין. וכזה לא מצאנו. דע כי בשר יענה יבש כעץ ואין המנהג שיאכלנו אדם כי אין בו ליחה ולא יאכל מכל המין. רק הבת כי היא נקבה וקטנה יש בה מעט ליחה ולא כן הזכר הקטן וככה אין אדם אוכל בשר בחלב כי אינו מאכל ערב והבשר לא יתבשל רק בזמן רב. והחלב אינו כן. כי אין המנהג עד היום בארץ ישמעאל שיאכל אדם טלה מבושל בחלב. בעבור שיש בטלה ליחה רבה. וככה בחלב והנה הוא מזיק. על כן לא יאכל. ובעבור כי בשר הגדי אין בו ליחה וכשהוא קטן הוא חם על כן יבשלו הגדי בחלב. ואל תתמה בעבור שלא נהגו אנשי אלה המקומות לאכול גדי עזים. כי כל הרופאים מודים כי אין בשר כמוהו ואפילו לחולים התירו שיאכלוהו. וכן אוכלים אותו בספרד ואפריקא וארץ ישראל ופרס ובבל. גם ככה היה מנהג הקדמונים. שני גדי עזים טובים ונעשה לפניך גדי עזים. והכהן אוכל גדי עזים א' לחטאת ובעבור שאין מנהג אדם לאכול בשר חי אסור לבשל הגדי בחלב אמו. ויש אומרים כי אין בשול כי אם באש והלא כתוב ובשל מבושל במים ובדברי הימים ויבשלו בסירות. ואין לנו צורך לבקש מה טעם איסורו כי נעלם מעיני הנבונים. אולי היה כי אכזריות לב הוא לבשל הגדי עם חלב אמו כדרך ושור או שה אותו ואת בנו לא תשחטו. גם לא תקח האם על הבנים. ומנהג רוב האדם שאין להם צאן ויקנו החלב בשוק והחלב יהיה מאוסף משיות רבות אולי הקונה הגדי לא ידע אנה אמו והנה אם קנה חלב אולי יש בו מחלב אם הגדי שקנה ויהיה עובר. וכל ספק שהוא מן התורה לחומרא. והנה גם הישמעאלים מודים כי אם יבושל הגדי בחלב אמו שהתולדת שוה אז הוא יותר ערב והכתוב דבר על ההווה. והנה קדמונינו ז"ל החמירו להסיר כל ספק. ואסרו בשר בחלב. והשם שנתן להם חכמ' הוא יתן משכורתם שלמה.ועוד אדבר למה הזכיר הכתוב זאת המצוה פעם שנית גם שלישית במקום כל אחד מהם:
(2) [THOU SHALT NOT SEETHE A KID IN ITS MOTHER’S MILK.] The fools86The Karaites. Cf. I.E.’s short commentary. say that the word gedi (a kid) comes from the same root as meged (precious fruit).87From the root mem, gimel, dalet. These commentators interpret lo tivashel gedi ba-chalev immo (thou shalt not seethe a kid in its mother’s milk) as you shall not ripen the fruit in the juices of its tree. See below. However, this is impossible, for the mem of meged is a root letter. The word megadim (precious fruit) in with precious fruit (Cant. 4:13) is definite proof of this.88That the mem of megadim is a root letter. Compare, melekh, melakhim. We do not find such a thing in the Hebrew language.89That the first letter of a root that ordinarily does not drop any letters should fall out and a new form be created. Hence the word gedi cannot mean precious fruit. Furthermore, how are we to explain lo tivashel (thou shalt not seethe)?90These commentators explain lo tivashel (thou shalt not seethe) as you shall not ripen. It should be noted that the Hebrew word for ripen and the Hebrew word for cook both come from the root bet, shin, lamed. A person cannot ripen the precious fruit. Indeed, Scripture states, And for the precious things (u-mi-meged) of the fruits of the sun91The sun, not man, ripens the precious fruit. (Deut. 33:14). Additionally, what reason is there to say in…milk?92If the reference is to its juices. Where do we find such an expression?93That is, where do we find milk referring to the juice of a fruit? Additionally, what is the meaning of its mother’s? Where else is the tree called the mother of the precious fruit? The fools came to this conclusion because they found this commandment coupled with The choicest first-fruits of thy land. 94They thus concluded that this verse teaches that the first fruits are to be picked immediately and not allowed to ripen. Elsewhere we find this commandment95Thou shalt not seethe a kid in its mother’s milk. coupled with Ye shall not eat of any thing that dieth of itself (Deut. 14:21). The latter is its proper place. However, it96Thou shalt not seethe a kid in its mother’s milk. was only mentioned together with the first-fruits because the kids increase and grow then.97At the time wherein the first fruits appear. There is another commentator who says that the meaning of Thou shalt not seethe is, thou shalt not prolong; that is, a kid shall not be with its mother more than seven days.98The reference is to a kid that is first-born. See Ex. 22:29. Now if this is the case, why does Scripture mention this law again?99After already having mentioned it in Ex. 22:29. Furthermore, their proof is in the phrase bashel katzir (the harvest is ripe) (Joel 4:13).100Joel 4:13 reads, Put ye in the sickle, for the harvest is ripe (bashel). This commentator interprets the verse as: Put ye in the sickle, for the harvest has been long on the vine. Lo tevashel gedi bachalev immo similarly means: Do not leave the kid so that it continues to nurse its mother milk. However, the term bashel means to seethe,101Not to leave, or prolong its stay. for the sun seethes like fire.102Thus bashel katzir literally means the harvest has been seethed, i.e., ripened. It is the same case with hivshilu (ripe)103Hivshilu literally means they caused it to cook. in and the clusters thereof brought forth ripe grapes (Gen. 40:10). Rabbi Solomon104Rashi. This is also the opinion of the Talmud. See Hullin 113b. says that gedi (a kid) means young and tender. He says it applies to young oxen and young lambs. He claims that the phrase gedi izzim (a kid of the goats) (Gen. 38:17) proves this, since there is no reason to connect them.105That is, to connect gedi to izzim. In other words, if gedi means a young goat, then Gen. 38:17 should have read gedi, not gedi izzim, for gedi izzim means a young goat of the goats. See Rashi. However, this is not so. The term gedi applies only to a goat. Thus in Arabic106A cognate of Hebrew. the term gedi means a goat. It is never used for any other kind. However, there is a difference between a gedi and a gedi izzim. A gedi is larger than a gedi izzim. A gedi izzim still needs to be with other goats. The same applies to the terms sa’ir (a he-goat) and se’ir izzim.107A se’ir izzim cannot survive on its own. It has to be with other goats. Our sages have received the tradition that an Israelite is not permitted to eat meat and milk.108That is, our sages have received the tradition that our verse teaches that an Israelite may not eat meat and milk. See Hullin 113b. I will now explain.109The meaning of Thou shalt not seethe a kid in its mother’s milk and the Rabbinic tradition based on it, regarding the prohibition of eating meat and milk. Note that it is the Torah’s custom to speak of that which is most prevalent. For example, the Torah refers to the ostrich as a bat ha-ya’anah (Lev. 11:16).110Literally, the daughter of wailing. In Leviticus chapter 11, the Torah lists the animals which may or may not be eaten. The only species which is referred to as a bat is the ostrich. Now why does the Torah do something here which it does not do in any other place? For in no other place does the Torah refer to an entire species by the term “daughter of” (bat). Note that the flesh of the ya’anah is as dry as wood. It is not customary for people to eat it, as it contains no moisture. The only flesh of this species that is eaten is that of the “daughter” (bat), whose flesh has a little moisture in it because it is a young female.111The Torah refers to an ostrich as a bat because that is the type of ostrich that is usually eaten by those who eat ostriches. However, young ostrich males have no moisture in them. Similarly, people do not eat meat and milk, for it is not pleasant to do so. Meat takes long to cook, but milk boils quickly.112I.E. believed that food that does not cook equally should not be prepared in the same pot. It is not the custom even today in the land of the Ishmaelites for a person to eat a lamb cooked in milk because the lamb is very moist and so is milk. It is thus harmful.113According to medieval medicine there are four humors: dry, hot, moist, and dry. An imbalance of these humors was thought to cause illness. Hence it is not eaten. On the other hand, the flesh of the kid contains no moisture. When a goat is small it is hot.114And cooks quickly. Therefore they [inhabitants of Ishmaelite lands] cook the kid with milk. Do not be surprised that the people of the surrounding areas are not in the habit of eating a kid of the goats.115I.E. took pains to point out that the fact that people did not eat kid meat in the area where he wrote his commentary does not negate his earlier point. He had explained that the reason Scripture reads, Thou shalt not seethe a kid in its mother’s milk, rather than “thou shalt not seethe meat in milk” was that people do the former and not the latter. People do not refrain from eating goat’s meat because of health reasons. They do so because of local idiosyncrasies. All the physicians admit that there is no comparable meat, and they even permit the sick to eat it. They similarly eat it in Spain, Africa, the Land of Israel, Persia, and Babylonia. It was similarly the custom of the ancients to eat it. We thus read: two good kids of the goats (Gen. 27:9); that we may make ready a kid for thee (Jud. 13:15). We also find that the kohen eats the kid of the goats that is brought as a sin offering (Lev. 6:19; 23:19,20). It is because it is not the custom for a person to eat raw meat that the Torah prohibited a person from cooking a kid in its mother’s milk.116I.E. is explaining why Scripture prohibited a kid cooked with milk but did not prohibit the eating of raw kid meat and milk. Some say that bishul (seething) only applies to meat roasted over a fire.117Hence lo tivashel (thou shalt not seethe) means thou shalt not roast. However, is it not written, u-vasel mevushal bamayim (sodden…with water) (Ex. 12:9)? We similarly find that the Book of Chronicles states bi-shelu ba-sirot (sod they in pots) (II Chron. 35:13). There is no need for us to search for the reason it is prohibited.118To seethe a kid in its mother’s milk. The reason is hidden from the eyes of the intelligent. It is possible that it is prohibited to seethe a kid in its mother’s milk because to do so is very cruel. The idea behind this law is like the idea behind And whether it be cow or ewe, ye shall not kill it and its young both in one day (Lev. 22:28), and thou shalt not take the dam with the young (Deut. 22:6). It is the practice of most people that do not have a flock to buy milk in the market.119If the reason for the prohibition of seething a kid in its mother’s milk is cruelty, then the prohibition applies only to its own mother’s milk and to no one else’s. I.E. thus wants to explain why it is prohibited to seethe a kid in any milk that is purchased. In such a case the milk usually consists of a mixture coming from many goats. It is possible for the buyer of a kid not to know where the mother is.120He would know which animal is its mother only if the kid was born in his house. Now if the one who has bought a kid later buys milk, it is possible that some of this milk contains milk from the mother of the kid which he previously purchased. He will then violate the law.121If he cooks the kid in the milk which he has newly purchased. We must be strict when in doubt regarding a Biblical law.122Hence one is not permitted to cook a kid in any milk that was purchased. The Ishmaelites also admit that if one cooks a kid in its mother’s milk the resulting dish tastes better because the mother and the kid are similar in nature. Scripture speaks of what is most usual. The ancients of blessed memory were strict in order to remove all doubt.123That one never accidentally seethe a kid in its mother’s milk. They thus prohibited meat and milk.124They prohibited seething a kid in the milk of an animal which is not its mother. They also prohibited having milk with any meat. God who gave them wisdom will fully reward them. I will further explain in each of their respective places why Scripture noted this law a second125Ex. 24:26. and a third time.126Deut. 14:21. I.E. never did explain it (Weiser).
People who don't know anything say that גדי is derived from מגד (delicacy, fine fruit). But this is impossible because the מ in מגד is part of the root as is proven by עם פרי מגדים (Song of Songs 4:13). And this is impossible in Hebrew. [He continues to offer other arguments to disprove this reading]. They think this because this mitzvah is adjacent to ראשית בכורי אדמתך. But in another place, it occurs with [a law about meat/flesh]. ראשית בכורי אדמתך (Dt 14.21). This is the [logically] correct place. It only mentions it with bikkurim because then [at that time] the kids are multiplying and growing.
[He then cites and rejects two more interpretations including Rashi's interpretation of גדי--- גדי always refers to goats . . .A גדי is bigger than a גדי עזים].
Our sages received [a tradition] that Israel should not eat meat with milk. I will now explain: Know that Torah's custom is to speak about common practice. [He then uses the expression בת יענה as an example]. And similarly, people do not eat [mature/most] meat with milk because that isn't tasty because meat has to boil for a long time but milk doesn't. To this day, it is not the custom in Arab lands to eat a lamb boiled in milk. This is because the meat is very moist and so is the milk- this is dangerous so they don't eat it. However, because goat meat isn't so moist and when it is young it is "hot", they therefore cook goat in milk. Don't be surprised by this on account of the fact the people in these parts don't eat goat. For all the doctors attest that there is no meat like it and they even allow sick people to eat it. Thus they eat it in Sefarad and Africa and the land of Israel and persia and Babylonia. And this was also the practice of the earlier generations [as is proven by Gn 27.9 and Ju13.15. [Even] the priest eats גדי עיזים as part of the hata'at.
The prohibition against boiling the גדי in its mother's milk is on account of the fact that people do not eat raw meat. There are people who say that "do not boil" means "rather, you should roast it." But isn't it written ובשל מבושל במים (Ex 13.9) . . . We don't need to go searching for the reason for the prohibition because it is hidden from the eyes of the wise.
Perhaps it was because it was cruel to boil a kid in the milk of its mother - similar to the prohibition against killing a sheep or ox and its young on the same day (Lev. 22.28). Also, Don't take the mother and its young (Dt. 22.6).
It is also the custom of many people who don't have flocks to buy their milk in the market and the milk will be a mixture from many different goats. Perhaps the buyer of a גדי doesn't know where its mother was from and if he were to buy the milk, perhaps there is, in it, milk from the mother of the גדי that he bought and he would then be transgressing the law. --- Every case of doubt in the torah is legislated stringently.
Also, the Muslims attest that if you cook a kid in its mother's milk, because the two are similar, it will taste better--- and scripture speaks about common practice.
And behold, our predecessors, z'l, ruled stringenlty to remove all doubt--- and prohibited meat and milk. And Hashem who gave them wisdom, will fully reward them. And I will explain why this mitzvah is stated twice more in each of the place they occur.
[He then cites and rejects two more interpretations including Rashi's interpretation of גדי--- גדי always refers to goats . . .A גדי is bigger than a גדי עזים].
Our sages received [a tradition] that Israel should not eat meat with milk. I will now explain: Know that Torah's custom is to speak about common practice. [He then uses the expression בת יענה as an example]. And similarly, people do not eat [mature/most] meat with milk because that isn't tasty because meat has to boil for a long time but milk doesn't. To this day, it is not the custom in Arab lands to eat a lamb boiled in milk. This is because the meat is very moist and so is the milk- this is dangerous so they don't eat it. However, because goat meat isn't so moist and when it is young it is "hot", they therefore cook goat in milk. Don't be surprised by this on account of the fact the people in these parts don't eat goat. For all the doctors attest that there is no meat like it and they even allow sick people to eat it. Thus they eat it in Sefarad and Africa and the land of Israel and persia and Babylonia. And this was also the practice of the earlier generations [as is proven by Gn 27.9 and Ju13.15. [Even] the priest eats גדי עיזים as part of the hata'at.
The prohibition against boiling the גדי in its mother's milk is on account of the fact that people do not eat raw meat. There are people who say that "do not boil" means "rather, you should roast it." But isn't it written ובשל מבושל במים (Ex 13.9) . . . We don't need to go searching for the reason for the prohibition because it is hidden from the eyes of the wise.
Perhaps it was because it was cruel to boil a kid in the milk of its mother - similar to the prohibition against killing a sheep or ox and its young on the same day (Lev. 22.28). Also, Don't take the mother and its young (Dt. 22.6).
It is also the custom of many people who don't have flocks to buy their milk in the market and the milk will be a mixture from many different goats. Perhaps the buyer of a גדי doesn't know where its mother was from and if he were to buy the milk, perhaps there is, in it, milk from the mother of the גדי that he bought and he would then be transgressing the law. --- Every case of doubt in the torah is legislated stringently.
Also, the Muslims attest that if you cook a kid in its mother's milk, because the two are similar, it will taste better--- and scripture speaks about common practice.
And behold, our predecessors, z'l, ruled stringenlty to remove all doubt--- and prohibited meat and milk. And Hashem who gave them wisdom, will fully reward them. And I will explain why this mitzvah is stated twice more in each of the place they occur.
(ב) לא תבשל גדי בחלב אמו - דרך העזים ללדת שני גדיים יחד. ורגילים היו לשחוט אחד מהם ומתוך שרוב חלב בעזים. כדכתיב: ודי חלב עזים ללחמך וגו', היו רגילים לבשלו בחלב האם ולפי ההווה דבר הכתוב. וגנאי הוא הדבר ובליעה ורעבתנות לאכול חלב האם עם הבנים. ודוגמא זו: באותו ואת בנו ושילוח הקן. ללמדך דרך תרבות צוה הכתוב ולפי שברגל היו אוכלים בהמות הרבה, הזהיר בפרשת רגלים שלא לבשל ולא לאכול גדי בחלב אמו. והוא הדין לכל בשר בחלב כמו שפירשו רבותינו בשחיטת חולין.
(2) לא תבשל גדי בחלב אמו, it is usual for goats to give birth to two kids at the same time, and it was customary for people to slaughter one of them right away. Seeing that mother goats have an abundance of milk (expecting to nurse at least two young kids) they used the excess milk to boil the young kid in after it had been slaughtered. (Proverbs 27,27 “the goat’s milk will suffice for your food, the food of your household and the maintenance of your maids.”) It is something distasteful, revolting, something akin to gluttony, to consume the mother’s milk together with the young animal that this milk was intended to nourish. We find a parallel in the legislation not to slaughter mother animal and her young on the same day, as well as the prohibition not to take the young chicks while the mother bird is present. (Leviticus 22,25 and Deuteronomy 22,6-7) The Torah teaches you these matters as a matter of elementary culture, i.e. respecting life. Seeing that on the festivals many animals are consumed, the Torah included this legislation in the paragraph dealing with other aspects of these festivals. If the consuming of these animals is prohibited under such circumstances, how much more so are mixture of milk and meat prohibited as discussed in Chulin 113.
Goats usually bear two kids at the same time and it was customary to slaughter one of them, and because goat's milk is so plentiful (Pr 27.27) to cook one of them in its mother's milk. Thus the text speaks of a common practice. this is disgraceful ---it is gluttonous and greedy to eat the milk of the mother with the offspring. Here are other examples (Lev 22.28 and Dt. 22.15). The text commanded this to teach you how to be civilized. Because it was customary to eat a lot of meat during hte pilgramage festivals, the section on festivals warns against cooking and eating a kid in its mother's milk. And this is the ruling ofr all meat in milk as our rabbis explained with regard to the secular slaughter of meat. (b. Hullin 113)