In TABC’s 12C halacha shiur, we have been taking a deep dive into the halachot of basar b’chalav (meat and milk). We are proud to share the fruits of our learning with the broader community. We begin by reviewing the debate about whether one may eat dairy if he is not sure if the six hours have passed since he finished eating meat.

Talmudic Background

The Gemara (Chullin 105a) cites Rav Chisda’s assertion that “one who consumes meat may not eat dairy products.” The Rishonim give two reasons for this prohibition. Rashi (s.v. Chasa) explains that meat has a strong taste that lingers in the mouth. Rambam (Hilchot Ma’achalot Asurot 9:28) explains that the concern is for meat that remains lodged between one’s teeth. The Taz (Y.D. 89:1) writes that normative Halacha considers the rulings of both Rashi and the Ramban.

The Gemara records an interesting but somewhat ambiguous statement of Mar Ukva. He said he would consume milk products “at the next meal” (lise’udata acharita) after he had eaten meat. The Rishonim disagree on how to interpret “at the next meal.”

Rishonim

The Rambam (Hilchot Ma’achalot Asurot 9:28) rules that Gemara means that one must wait the usual time one normally waits after eating a meal before consuming another meal. The Rambam holds that this time is approximately six hours (kemo sheish shaot). Tosafot, on the other hand, (Chullin 105a sv. Lise’udata and 104b s.v. Of) strikingly believe that if one recites birkat hamazon (or the appropriate blessing after eating) and begins a new meal, one is permitted to consume dairy products during the new meal, even if the new meal commenced immediately after the Birkat Hamazon of the meat meal. Interestingly, the Rosh (Chullin 8:5; an Ashkenazic Rishon) follows the Rambam’s approach and not the approach of Tosafot as he typically does.

Shulchan Aruch and Rama

The Shulchan Aruch (Y.D. 89:1) rules that one must wait six hours between meat and milk. The Rama (Y.D. 89:1) notes the dissenting opinion of Tosafot and records the common practice of most European Jews (in the sixteenth century) to wait only one hour between meat and milk. He concludes that it is proper (nachon) to follow the Rambam’s opinion that one must wait six hours between meat and dairy. The Shach (89:8) and the Taz (89:2) cite the statement of the Maharshal urging every Jew fully dedicated to Torah observance to wait six hours.

By the early nineteenth century, the practice of all of eastern European Jewry was to wait six hours, as recorded in the Chochmat Adam 40:13. The Aruch Hashulchan (Y.D. 89:7), writing close to the turn of the twentieth century, also records the well-accepted practice to wait six hours. These major authorities strongly condemn those who fail to wait six hours. The Chochmat Adam writes that one who does wait six hours violates “vial titosh Torah imecha, do not forsake the teachings of your mother,” the source for our obligation to uphold established family practices (Pesachim 50b). The Aruch HaShulchan similarly writes, “chalilah leshanot,” Heaven forfend changing this practice.

Case of Doubt/Safek

Acharonim debate whether one may be lenient if he is uncertain whether the six hours after eating meat has elapsed (see Darkei Teshuva 89:5). On the one hand, since the rule of waiting between meat and milk is a Rabbinic prohibition (meat and dairy is biblically forbidden only when two are cooked together—derech bishul aserah Torah [Chullin 108a]), the rule of safek derabanan lekula (one rules leniently in a case of doubt where the prohibition is rabbinic) should apply.

On the other hand, perhaps this rule should not apply since it is a davar sheyesh lo matirin—one can refrain from dairy products for an extra few minutes. The law that one rules leniently in case of doubt of a rabbinic prohibition does not apply if the ban will elapse after a reasonably short time, such as a doubt whether an egg was laid on Yom Tov (Beitza 3b).

Three Reasons for Leniency

Rav Ovadia Yosef (see Yalkut Yosef, Y.D. 89:16) rules leniently since, in such a case, there is a s’feik s’feika (double doubt). First, maybe the six hours have passed. Second, several Rishonim permit eating milk after meat after reciting an after-bracha. However, the rule of davar sheyesh lo matirin might apply even in the case of s’fek s’feka (Rama Y.D. 110:8).

In addition, Rav Yechezkeil Landau (Tzlach Pesachim 9b and Beitzah 24b) limits the rule of a davar sheyesh lo matirin to the question of when to eat a specific item. In the Gemara’s example, one should wait until after Yom Tov to eat an egg that might have hatched on the holiday. In that case, one has a choice whether to eat the egg on Yom Tov or after Yom Tov.

In that case, the Gemara requires us to wait instead of relying on safek derabanan lekula. However, when uncertain whether six hours have passed, the uncertainty applies to one’s status as “meaty” and not to when one may eat a specific food. Therefore, argues the Tzlach, the rule of a davar sheyesh lo matirin does not apply to this situation. However, not all Acharonim accept the Tzlach’s assertion (see Encyclopedia Talmudit 7:11).

However, a solid argument is that since Ashkenazim waiting six hours is a minhag and not a rabbinic prohibition (since the Rama fundamentally follows Tosafot, as we mentioned), Eastern European Jews did not accept this practice in case of doubt. The Darchei Teshuva and the Badei HaShulchan (89:9) are inclined to rule leniently on this issue stating, “One who is lenient does not lose.”

Conclusion

Despite the compelling reasons to be lenient, TABC talmidim Ezra Alter and Noam Eckman argue for stringency. Our responsibility is to monitor when we finish eating meat carefully, and those who do not pay careful attention should not prosper from their negligence.

Rabbi Jachter serves as the rav of Congregation Shaarei Orah, rebbe at Torah Academy of Bergen County, and a get administrator with the Beth Din of Elizabeth. Rabbi Jachter’s 17 books may be purchased at Amazon and Judaica House.