Tuesday, June 23, 2015

Feeding Basar Bi-chalav To Patients In A Hospital

לזכות ר' יצחק יונה בן חנה לבריאות איתנה וחיים ארוכים יחד עם בת זוגתו!

Rav Dovid Cohen Shlita from that great Jewish metropolis called Brooklyn wrote a letter in 1985 to Rav Eliezer Valdenberg ztz"l in that even greater Jewish metropolis known as Yerushalayim and asked the following question: A frum nurse in a hospital asked if she is permitted to serve unkosher basar bi-chalav [milk and meat] food to the non-Jewish patients. If she refuses she will lose her job. Is this permitted?

Rav Cohen wanted to permit this for a number of reaons.

1] There is no prohibition to benefit from unkosher meat, there is only a prohibition to benefit from milk and meat cooked together. Since the meat that was cooked with milk was first unkosher meat, the prohibition of milk and meat does not apply. In Rabbinic parlance: The איסור of בשר בחלב is not חל on a נבילה. That is the opinion of the Rambam [there are many who argue].

2] The [albeit contested] opinion of the Makor Chaim [441] is that one is allowed to feed איסורי הנאה to someone else's animal or to an ownerless animal [and by extension to goyim as well]. [My comment: The nurse is receives money for this so it would seem that this heter wouldn't apply because sof-sof she is benefitting].

So the conclusion of Rav Cohen is that it is permitted.

Rav Valdenberg agreed with R' Cohen's conclusion and added reasons for heter.

A] Basar Bi-chalav that belongs to a goy is permitted for benefit. The reason one may not benefit from בשר בחלב is lest one might eat from it but if one may not eat from it because it doesn't belong to him the איסור הנאה doesn't apply.

B] She is being forced to feed the food and that can't be considered benefit.

He adds more reasons and as we said concludes that it is permitted. Fortunately, we have a record of this correspondence in the Tzitz Eliezer 17/35.

עיין שם!!!!