The Talmud discusses whether it is permitted to eat dairy with poultry or whether doing so is forbidden just like eating dairy with meat.[1] Rabbi Akiva is of the opinion that the prohibition of “you shall not cook a kid in its mother’s milk” is stated three times in order to exclude wild kosher animals, non-kosher species of domesticated animals, and poultry in the prohibition.[2] On the other hand, Rabbi Yossi Haglili is of the opinion that the verse: “You shall not eat any neveila[3]… you shall not boil a kid in its mother’s milk”[4] teaches us that only animals that can be forbidden due to neveila (i.e. kosher animals) are forbidden to cook in milk. As such, non-kosher animals are excluded from the prohibition. However, this verse also teaches us that only animals with “mother’s milk” are subject to the prohibition. As such, since poultry does not have mother’s milk, it is not prohibited to mix it with milk. Another opinion argues that the prohibition is stated three times in order to include domesticated cattle, wild animals, and poultry.[5]
Although it is forbidden to mix dairy with poultry,[6] it is not completely clear, however, whether doing so is a biblical prohibition[7] or a rabbinical one.[8] Most authorities hold the latter.[9] Indeed, the Shulchan Aruch rules that the prohibition against mixing dairy with poultry is a rabbinical enactment and, therefore, it is actually permitted to do so according to Torah law. The sages, however, forbid mixing dairy with poultry lest one accidentally come to confuse poultry with actual meat.[10] Nevertheless, although it is forbidden to eat dairy and poultry together, it is often permitted to cook or derive benefit from such a mixture, something that is always forbidden with dairy and meat.[11]
It is interesting to note that in ancient times there were communities in which dairy and poultry were regularly eaten together, consistent with the minority view of Rabbi Yossi Haglili.[12] In Talmudic times it was permissible for a community to follow the rulings of their rabbi even if his opinion was not accepted as normative halacha. In fact, in Rabbi Eliezer’s town they would cut down trees, light fires, and even prepare tools on Shabbat for the sake of a brit mila.[13] Nowadays, however, one is required to follow normative halachic practices in serious halachic issues such as these.
[1] Chullin 113a.
[2] Excluded according to Torah law. However, he agrees that they are forbidden according to rabbinic law.
[3] Kosher animals that have died by any means other than shechita.
[4] Deuteronomy 14:21
[5] Cited in Tosfot, Chullin 113a s.v. “basar.” See also Mechilta D’rabbi Yishmael, Mishpatim.
[6] YD 87:3.
[7] Tosfot, Chullin 104b, s.v. owf.
[8] Chullin 104a.
[9] Rambam, Hilchot Maachalot Assurot 9:4.
[10] YD 87:3; Shach, YD 87:5; Rema, YD 87:4.
[11] Pitchei Teshuva, YD 87:8; Kaf Hachaim, YD 87:25,36. See, however, Bach, YD 87.
[12] Chullin 116a.
[13] Shabbat 131b.