Country: ארצות הברית

Question

Dear Rabbi,

If someone ate chicken (not meat from an animal) and vomited a few minutes later,

must he wait before eating a dairy food?

Thank you.

Answer

Shalom u’vracha,

Even one who ate chicken rather than meat must wait six hours before eating dairy foods, despite having vomited the chicken he ate a few minutes later.

This is because there are two reasons for waiting six hours after eating meat: first, because meat or chicken may remain lodged between the teeth; and second, because the taste and fat remain on the palate after eating meat or chicken. Even when one vomits his food, these two reasons still remain.

However, it is important to know that according to Maran Rabbi Ovadia Yosef, of blessed memory, in a time of need one may be lenient and wait five hours and most of the sixth hour, and need not wait a full six hours—especially after eating chicken.

With blessings,

Rabbi David Ohayon

Sources and Reasons:

The Law of Waiting Six Hours Between Meat and Milk

The Gemara in Chullin 105a states: Mar Ukva said, “Regarding this matter, I am vinegar, the son of wine, in comparison with my father. For my father, when he ate meat today, would not eat cheese until this time tomorrow; whereas I, at this meal I do not eat it, but at another meal I do eat it.”

It is evident that Mar Ukva was careful not to eat meat and milk at the same meal, but rather at a different meal. The Rishonim disagree in explaining Mar Ukva’s practice. Tosafot, the Rosh, and the Avi HaEzri explained that one need only refrain from eating meat and milk at the same meal; however, if he recites Birkat HaMazon, clears the table, and cleanses and rinses his mouth, he may eat dairy immediately after meat. The Sages did not distinguish, and there is no need to wait the period of time between one meal and another.

However, the Rambam, Rif, Rosh, and Rashba maintain that one must wait six hours after eating meat before eating dairy, as this is the amount of time between the morning meal and the midday meal.

Practically, the Shulchan Aruch rules in accordance with the Rif, Rambam, Rosh, and Rashba, that one must specifically wait six hours. The Rema, too, although citing the view of Tosafot and the Avi HaEzri that clearing the meal and reciting Birkat HaMazon suffice, writes that it is proper to follow the Rambam. He adds that the widespread custom in these lands is to be particular about clearing the meal and also waiting one hour. That is, they follow the view of Tosafot and the Avi HaEzri, while adding a one-hour wait in accordance with the words of the holy Zohar cited by the Beit Yosef.

Thus, according to Sephardic practice, one may not be lenient with less than a six-hour wait between meat and milk, as ruled by Maran the Shulchan Aruch, Yoreh De’ah, siman 89, סעיף 1. Maran the Chida likewise wrote that in our regions, the universal custom is for everyone to wait six hours.

Even among Ashkenazim, the custom of most Ashkenazic Jews, aside from certain communities, is to wait six hours between meat and milk. The Maharshal already wrote that even according to Ashkenazic custom, anyone imbued with the spirit of Torah should be stringent and wait six hours. The Aruch HaShulchan also wrote that nowadays, even the custom of most Ashkenazim is to be stringent in this matter, and Heaven forbid that one should change it.

One Must Wait Six Hours Both After Eating Meat and After Eating Chicken

The words of the Shulchan Aruch further make clear that there is no distinction regarding the six-hour waiting period between eating meat and eating chicken. As the Shulchan Aruch rules, Yoreh De’ah, Hilchot Basar BeChalav, siman 89, סעיף 1: One who ate meat, even the meat of a wild animal or fowl, may not eat cheese afterward until he waits six hours.

The Reason for Waiting Six Hours Between Meat and Dairy

As is known, two reasons are given for waiting six hours after eating meat before eating dairy, as cited by the Tur in Yoreh De’ah, siman 89. The Tur writes that it is because the taste of meat lingers in the mouth and on the palate when eating meat, and this taste dissipates after six hours. Therefore, according to this reason, if one finds meat between his teeth, he must always remove it.

However, the Rambam writes that the reason for waiting is meat between the teeth. After six hours, the meat becomes like mere wood and is no longer considered meat. Therefore, according to this reason, if one finds meat between his teeth after six hours, it is of no consequence.

There is another practical difference between these two reasons: if one chews meat with his teeth but does not swallow it, according to the Rambam he must wait, whereas according to the Tur he need not wait, since he did not swallow it.

Regarding halachah, the Tur writes that it is preferable to follow the stringencies of both reasons. The Shulchan Aruch likewise rules, Yoreh De’ah, Hilchot Basar BeChalav, siman 89, סעיף 1:

One who ate meat, even the meat of a wild animal or fowl, may not eat cheese afterward until he waits six hours. Even if he waited the required amount of time, if there is meat between his teeth, he must remove it. One who chews meat for an infant must wait. The Rema adds that if he subsequently finds meat between his teeth, he must remove it.

Therefore, in the case before us, despite the fact that he vomited the chicken he ate, and despite having eaten chicken rather than meat, since both reasons for waiting six hours between meat and dairy apply, he must wait six hours before eating dairy foods.

However, I saw that the book Da’at Torah, siman 89, subparagraph 9, writes that if one vomited, there is no concern that the taste lingers in the mouth. In my humble opinion, though, this reason applies even where one vomited, since he ate in the ordinary manner and only afterward vomited.

Indeed, even aside from this reason, the very possibility of meat remaining between the teeth is sufficient reason to wait six hours. I saw that this was likewise written in Responsa Revavot Ephraim, volume 8, siman 336.

May One Wait Less Than Six Hours Between Meat and Milk?

It is important to note, however, that according to Maran Rabbi Ovadia Yosef, of blessed memory, in a time of need, and especially after eating chicken—which is prohibited with milk by rabbinic law—one may suffice with waiting five hours and most of the sixth hour. As he wrote in Responsa Yabia Omer, volume 1, Yoreh De’ah, siman 4:

If not for my hesitation, I would say that if less than half an hour is missing from six hours, it is permitted even for adults, for the Rambam wrote “approximately six hours.” So too is stated in Orchot Chaim, volume 2, p. 335, and in Kol Bo, siman 106. In earlier times, clocks were not commonly available, and certainly they were lenient based on estimation. It is known that anything within half an hour is considered close, as the Rashbam wrote in Pesachim 107b; but more than that is considered distant. Therefore, here too one may be lenient within the half hour adjacent to six hours. In our case, one cannot say, as stated in Ketubot 104a, “all measurements established by the Sages are so,” for the Gemara mentions only from one meal to another. In any event, regarding chicken one may be lenient in this matter, especially where there is some need, and there is room to rely on the words of the Meiri cited above.

It is true that the Ginat Veradim, in Gan HaMelech (letter 154), wrote that we require precisely six hours, just as forty se’ah are required for a kosher mikveh, where if even a tiny amount is lacking one may not immerse, etc. So too wrote the Perach Shoshan (klal 1, siman 1). See there. However, their words are not conclusive. The Meiri, in Magen Avot (siman 9, p. 47), wrote: five hours or six hours. See also Responsa Moshe HaIsh (Yoreh De’ah, simanim 14 and 15).

Nevertheless, in practice one should be stringent in this matter, as Rabbeinu Yerucham, letter 28, wrote that one must wait at least six hours. However, one who is lenient in a pressing circumstance has upon whom to rely.

See further Responsa Yabia Omer, volume 3, Yoreh De’ah, siman 3, where he further supports the above ruling that, in a time of need, even adults may be lenient to wait five and a half hours. He explains that alternatively, one may calculate the six hours from the beginning of the first meal in which he ate meat. This explains why the Rambam wrote “approximately six hours,” since he includes the first meal within the waiting period; thus, from the end of the first meal, the period is somewhat less than six hours.

I also saw that Rabbi Yitzchak Yaakov Fuchs wrote similarly in Sefer HaKashrut, p. 273, note 76, in the name of Rabbi Yosef Shalom Elyashiv, of blessed memory, that the essential law is to wait five and a half hours, but the custom is to be stringent and wait a full six hours.

Therefore, in a time of need, particularly after eating chicken, one may be lenient and wait five hours and most of the sixth hour, even for adults above the age of mitzvot.

This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.

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