Halakhah sobre Êxodo 23:19

The Gemara, Hullin 113b, declares that the biblical prohibition against cooking and eating commingled milk and meat is not attendant upon meat cooked with the milk removed from an animal that has been slaughtered. Milk derived from a slaughtered animal is excluded from the prohibition because, according to talmudic exegesis of the verse "you shall not cook a kid in the milk of its mother" (Exodus 23:19; Exodus 34:26; Deuteronomy 14:21), the biblical prohibition applies only to the milk of an animal "that has the capacity to become a mother" (re'uyah lehiyot em). Obviously, a dead animal can no longer bear a child and hence lacks the capacity to become a mother.

It is written in the Torah: "you will not cook a kid in the milk of its mother" three times (Exodus 23:19; Exodus 34:26; Deuteronomy 14:21); once for the prohibition of cooking, once for the prohibition of eating, and once for the prohibition of receiving benefit [from the cooked meat and milk products]. The prohibition of eating is presented in the language of cooking, to say that there is no prohibition from the Torah [in regard to meat and milk] unless it is in a manner of cooking, but rabbinically it [the mixture of meat and milk] is forbidden in every way. All meat and milk [mixtures] that are not forbidden from the Torah are permitted to benefit from.

The commandment of bringing the first-fruits: To bring the first-fruits to the Temple - and that is that we are obligated to bring there the first fruit that ripens on a tree and to give it to a priest. And not all trees are in this commandment from Torah writ, but rather only the seven species through which the Land of Israel is praised - and they are wheat, barley, the [fruit of the] vine, figs, pomegranates, olives and dates - as it is stated (Exodus 23:19), "The first fruits of your land you shall bring, etc." and the explanation comes that it is only stated about these seven fruits. And according to what it appears, it is in this way that they, may their memory be blessed, learned to say like this: Since no other fruits at all are mentioned in any place in the Torah besides these, and He, blessed be He, commanded us to bring undifferentiated first-fruits from our land, it follows that it is about the fruits that He informed us about in the Torah that are in the Land of Israel and through which it is praised, that He commanded us. And it is possible that our Rabbis, may their memory be blessed, have another [indication] from the verse, or maybe they are words of transmission. And so was it their way to bring them, that those close to Jerusalem would bring them soft (fresh) and those far would dry them [first].

To not cook meat in milk: That we not cook animal meat in animal milk, as it is stated (Exodus 23:19), "you shall not cook a kid in its mother's milk." And the explanation came (Chullin 113a) that it is not specifically a kid, but rather all meat of an animal is implied - as the expression, "kid" is an expression that only [applies to] animal meat. And the verse [chose] the expression, "kid," since meat is a soft thing, like a kid. And how is it that you learn like this? From that which you find in several places in the Torah where it is written, "kid," and it was necessary [for the Torah] to explain, "a goat kid." Behold, you have learned [from this] that in a place where is is stated only, "kid," it is not specifically a goat kid, but rather all animal meat like it is implied.

And this commandment is practiced at the time that the Temple is in existence, but only in the Land of Israel - as it is stated (Exodus 23:19), "The first fruits of your land you shall bring to the House of the Lord, your God" - by males, but not by females, as we have said. And rabbinically, they would bring first-fruits at the time of the [Temple] from the cities of Sichon and Og and from Syria. And one who transgresses this and brings first-fruits, but does not recite over them at that time, has violated this positive commandment.