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MishpatimShavuosתשע״ז5777Parsha

Milky Way

This essay explores the significance of the Mitzvah of Basar B'Chalav in Parshas Mishpatim, connecting it to the Yomim Tovim and the concept of Temimus in Jewish life.

The bulk of this week’s Parsha is devoted to the discussion of a wide variety of Mitzvos from all corners of Halacha. We learn about Mitzvos that are Bein Adam L’Chaveiro as well as Bein Adam L’Makom, spanning each of the Daled Chelkei Shulchan Aruch. Indeed a good part of the the life a Jew is defined by the myriad Halachos learned from the Pessukim in this Parsha. The Torah is no mere book of laws, however, and the Mitzvos that we learn about—even those that are familiar to us—can always be examined on a deeper level, affording us insight that goes beyond the “simple” Halacha. This is certainly the case with the very last Mitzvah that is discussed in the Parsha: the Issur of Basar B’Chalav. This Halacha, with which we are of course very familiar, is taught to us in an interesting way: the Passuk tells us “Lo Sivashel Gidi Bachalev Imo”. Rather than just stating that we may not cook or eat Basar and Chalav together, the Torah provides a specific use case: we are forbidden to cook a kid in the milk of its mother. Seeing as this Issur extends to all animals and all types of milk—it is also Assur to cook cow’s meat in sheep’s milk, for example—we must understand why the Torah chose to teach us this Issur in such a specific manner, rather than using a more general statement. The position of this Mitzvah within the Parsha requires explanation as well: these words are actually only the second half of the Passuk, the first half contains the Mitzvah of Bikurim: “Raishis Bikurei Admascha Tavei Bais Hashem Elokecha.” Indeed, all the Pessukim leading up to these words are discussing the Shalosh Regalim including the Yomim Tovim themselves and some specific Halachos that pertain to them. Why then does the Torah seemingly switch directions and teach us this one Halacha in Yorah De’ah at this point? In fact, the words “Lo Sivashel Gidi Bachalev Imo” appear three times in the Torah: once here, once in Parshas Ki Sisa and once in Sefer Devarim. In the first two instances, the Passuk is discussing Yomim Tovim—the Passuk in Parhas Ki Sisa is identical to the one here and comes amidst an even more detailed discussion of the Shalosh Regalim. This is obviously not a coincidence, and indicates that there is a genuine connection between the Issur of Basar B’Chalav and the Yomim Tovim, which must of course be understood. The Chizkuni explains a possible reason for this connection: because the Yomim Tovim are a time when people consume more meat, the Torah included the Mitzvah of Basar B’Chalav among the Mitzvos of the Regalim. There is a certain elegant simplicity to this answer, befitting the Chizkuni’s classic approach based in Pashut Pshat, but at the same time there seems to be a deeper connection as well. As we know, there are a number of Halachos that pertain to the production and consumption of Kosher meat—from Shechita, to Melicha, to Nikur and so on—and each would be relevant during a time that more meat was being consumed. Why then did the Torah choose this one example, Basar B’Chalav, to tie to the Yomim Tovim, and no other? A closer look at the nature of the Issur of Basar B'Chalav, through the lens of Divrei Chazal, may help us understand why the Torah connects it to the Yomim Tovim in this way. We know Mitzvah in the Torah, whether Asei or a Lo Sasei, has layers of meaning and reason, some of which are beyond our grasp, but in some cases it is clear that the Mitzvah has very deep meaning and purpose. It appears that the Lav of "Lo Sivashel Gidi Bachalev Imo" is one such case. There are various Medrashim that discuss this Mitzvah and reveal that it is in fact integral and central to Yiddishkeit as we know it. The Medrash Tanchuma in Parshas Re'eh tells us that the Mitzvah of Basar B'Chalav is tied to our ability to be Mekabel the Torah and enter Eretz Yisroel. The Medrash learns this based on the placement of the Passuk in our Parsha—right before the Passuk that tells us "Hinei Anochi Sholeach Malach Lifanecha", which begins to discuss our entry into Eretz Yisroel, which leads into the conclusion of Kabals HaTorah with the words "Na'aseh V'Nishma". Thus, explains the Medrash, there is a connection between Basar B'Chalav and these two milestones. In fact, there is an even more practical connection between this Mitzvah and our ability to be Mekabel the Torah. Chazal tell us that when Moshe Rabbeinu went to Shamayim to be Mekabel the Torah the Malachim attempted to stop him, pointing out the foibles of human nature. In response, Moshe alluded to the fact that the Malachim themselves consumed Basar B'Chalav when they went to visit Avrohom Avinu, and the Malachim were silent. Hakadosh Baruch Hu told Moshe to take advantage of this moment and write the Torah at that time. We see then that this Mitzvah was indeed central to our very ability to be Mekabel the Torah. In addition, the Medrash Shochar Tov on the words "Ashrei Timmimei Derech," extolls the virtue of Klal Yisroel as the ultimate Tamim. Included in the reasons that Dovid Hamelech refers to them in this way, the Medrash lists the fact that we our Kabalas HaTroah itself had an aspect of Temimus. The Medrash list two examples of Mitzvos that are seemingly without reason, and explains that the fact that we excepted these Mitzvos without questioning their purpose illustrates our standing as Timmimei Derech. One of the Mitzvos listed is Basar B'Chalav. There must be a reason that the Medrash chose this Mitzvah, of all the Chukim in the Torah, to represent this Middah of Temmimus. To a certainly extent, even the specific Dinim of the Issur seem to point to a Mitzvah that is somewhat out of the ordinary. R' Hirsch points out that while most Ma'achalos Asuros are prohibited because of Timtum Halev—their consumption sullies our Neshama—this cannot be the case when it comes to Basar B'Chalav. As we mentioned, the Issur is repeated three times in the Torah, and the Gemarah tells us that the three instances teach us that there are three ways to be Over this Lav: Achila, Bishul and and Hana'ah—not only is it Assur to eat Basar B'Chalav, but it is Assur to cook it or even derive any benefit at all from a mixture that contains milk and meat. Thus, deduces R' Hirsch, this Mitzvah must have at least an additional meaning or reason, for if the reason was limited to Timtum Halev the Mitzvah would not apply to Bishul or Hana'ah. We see from the two Medrashim that the Mitzvah of "Lo Sivashel Gidi Bachalev Imo” is, at its essence, a Mitzvah that is very much tied to our role as the Mikablei Torah and the Yorshie Haretz, and defines the Temimus of Klal Yisroel. With the addition of R' Hirsch's point it becomes apparent that this Mitzvah is one that has very deep meaning, which it certainly behooves us to try and access. The Sfas Emes, in a discussion of Sefiras HaOmer, discusses the idea of Temimus, which is of course central to that Mitzvah, and touches upon the Issur of Basar B'Chalav. I believe his words there can help us understand what this Mitzvah represents, and why it is so central to all we have. The world is made up of a mixture of bad and good, explains the Sfas Emes, and our job is to separate the two, extracting the "Echol" from amongst the "Pesoles". In order to do so we must recognize which is which and effort to separate them—far from an easy task. When we do so, however, we achieve a level of Temimus. A prime example of this, which may help illlustrate the point, is Bris Miah. When a child is born he mostly good, but contains some element of negativity that is represented by the Arla. By giving him a Bris Milah we separate the bad from the good, and the baby is called as Tamim, as the Passuk says: "Hishalech Lifani V'Heyey Samim." The Sfas Emes explains, based on Chazal, that milk is a representation of this process as well. The process by which a mother's milk is created, as described by Chazal, begins with blood that is otherwise Tamei. A transformation occurs, however, and that blood is the source of the milk. This is itself an act of extracting good—the milk—from what can be seen as bad—the blood, which is Tamei. This is why there is a Minhag to eat Milchigs on Shavuos. When we left Mitzrayim we began a purificiaton process by which we were removed from the Pesoles of Mitzrayim and began on a road to perfection. The conclusion of this process occurred on Shavuos when we were Mekabel the Torah, a fact which we commemorate by eating milk which represents this process as well. This, continues the Sfas Emes, is the reason for the Issur of Basar B'Chalav as well. Basar represents the mixture of positive and negative described above, and so it is not appropriate to combine meat with milk, a substance which has already undergone the process of separation.

With this in mind we can perhaps understand the centrality of this Mitzvah, Basar B'Chalav, in our lives, as well as its connection to the Yomim Tovim. As the Sfas Emes explained, our central role on this earth is to achieve a status of Temimus which is possible only by actively separating the good that exists from the bad. It is therefore understandable that this Mitzvah would have such an impact on our ability to be Mekabel the Torah and on Yerushas Eretz Yisroel—these milestones themselves represent the ability to achieve Temimus, and live as Yidden, set apart from the outside world spiritually and physically. This is also why Moshe was able to silence the Malachim by pointing to Basar B'Chalav specifically—Malachim, who do not have a Bechira in the way that we do have no connection to the process of separating good from bad. This is therefore one Mitzvah that they cannot properly fulfill—as evidenced by their experience in Elonei Mamreh. The Medrash Shochar Tov is also eminently understandable as well—Basar B'Chalav is a prime example of Temimus, as it is rooted in this principle, and so our acceptance of the Issur without question is of course a beautiful example of our achieving the level of "Timmimei Derech." Only a nation that had reached that level would be so willing and ready to accept a Mitzvah such as this. The connection between Basar B'Chalav and the Shalosh Regalim can be understood through this approach as well. As the Chizkuni points out, we celebrate the Yomim Tovim with an abundance of physical pleasures—indeed it is a Mitzvah to do so—but there is a risk involved as well. One can get carried away with the physical enjoyment and lose sight of the fact that there is a purpose to each Yom Tov, that each of these days is presented to us as an opportunity to grow closer to Hashem. By correctly using these days, and their attendant physical enjoyments, however, we achieve a level of Temimus. If we can separate the good, the positive aspects of the Gashmiyus we enjoy, from the negative aspects of those same experiences, we accomplish what we set out to do on this world. It is therefore wholly appropriate that the Mitzvah of Basar B'Chalav, which signifies the accomplishments of the Chalav and the risk of mixing it with the Basar, be taught in the Parshios of the Moadim. If we understand this Mitzvah, and why it is so important to every aspect of our existence as the Am Hanivchar, we will be well guided in our celebration of the Yomim Tovim. This is an important lesson to keep in mind every day as well. We must keep in mind our ultimate goal, and the pursuit of Temimus. We can look for opportunities to extract good from bad, and be mindful of the risks of mixing the two. When we are successful in this undertaking we can be Zoche to the ultimate praise of Dovid Hamelech himself: Ashrei Timmimei Derech.