why doesn't one who eats a cooked meal of basar v'chalav get malkus for the hanna'a lav along eith the other 2-cooking and eating? Is it that in this case there was no pleasure and the lav doesn't apply?
Thanks
Raphael Yechieli, baltimore MD
Dear Raphael,
Thanks for your question. You are under the assumption that a person who benefited from Basar b'Chalav gets Malkos.
The Rambam rules in Ma'achalos Asuros (8:16) that a person who benefited from an Isur Ha'na'ah does not get Malkos (but rather Makas Mardus). The Lechem Mishneh (ibid. 9:2) says this ruling applies to Basar b'Chalav as well.
The Rambam in Sefer ha'Mitzvos (Lav 187) lists two prohibitions for Basar b'Chalav: cooking and eating. The Rambam asks, "Should we not also list a prohibition of Ha'na'ah?" He answers that in essence eating is actually a form of Ha'na'ah, thus the prohibition against eating includes the Ha'na'ah issue, leaving no need to mention it specifically.
The Ramban (quoted by the Mishneh l'Melech, see further) on the other hand maintains that there is Malkos for benefiting from Basar b'Chalav. The Mishneh l'Melech (Yesodei ha'Torah 5:8) points out that even according to the Ramban, one who eats Basar b'Chalav will get one set of Malkos, not two. He uses the Rambam's explanation that the prohibition is actually against benefiting be it by eating or any other form. As proof, he brings our very Gemara which states that for eating Basar b'Chalav there is only one set Of Malkos.
Kol tuv.
Y. Landy