ACCORDING TO HALACHA, one may not bake dairy bread, as it may inadvertently be eaten with meat. The same prohibition applies to meat bread, due to the concern that it may later be eaten with dairy foods.
During the Nine Days
The prohibition against baking dairy bread remains in effect during the Nine Days, even though meat is generally not eaten. Since the bread might still be eaten after the Nine Days or on Shabbos, or by others who are permitted to eat meat for various reasons, the original prohibition still applies2. Nevertheless, because the likelihood of the bread being eaten with meat is reduced, there may be greater room to be lenient bi’dieved. Accordingly, if dairy bread was baked during this period, there may be grounds to permit it after the fact3. One should consult their Rav for practical
guidance.
When is Dairy Bread Allowed?
The Gemara4 says that if one makes the dairy bread k’ein tura (like the eye of an ox) it is permitted. Although the Gemara is only addressing dairy bread, it is clear from the Poskim that the same restrictions also apply to meat bread. Rashi5 explains that k’ein tura refers to a small quantity, comparing it to the size of an eye. Since only a small amount is baked, there is no concern that one will forget it is dairy and later eat it with meat. The Rif6 and Rambam7 explain the Gemara differently. According to them, it refers not to the quantity of bread, but to its shape. If the bread is aked in a distinctive form, it is readily recognized as dairy bread and will not mistakenly be eaten with meat. The Poskim discuss whether these two interpretations are in dispute. The Beis Yosef8 understands that they are not; accordingly, either baking a small quantity or baking even a large quantity in a distinctive shape is sufficient to permit it. The Bach9, however, understands that the two interpretations disagree. Although he rules in accordance with the Rif and Rambam, he recommends being stringent and baking only a small quantity, in accordance with Rashi. The Shulchan Oruch10 permits either exception. The Rema also adds a third exception: if the dairy or meat is clearly visible in the bread, the prohibition does not apply.
What Is Considered to be a Small Quantity?
Rashi11 explains that it means a quantity small enough that one will finish it soon enough and not forget that the bread is dairy. Practically, how small is that? The Mechaber12 writes that it must be an amount eaten b’vas achas—generally understood to mean in one meal. The Rema13, however, implies that it may be a larger amount, provided it is expected to be finished within one day.
The Pri Megadim14 understands this as a dispute between the Mechaber and the Rema. Others15, however, do not see this as a machlokes. They hold that the Mechaber and the Rema both agree that a “small quantity” is the amount eaten within one day and that this is what the Mechaber meant by b’vas achas. Practically, the Kaf HaChaim16 writes that Sephardim who follow the Mechaber should be stringent and permit dairy bread (without a distinctive shape) only if it is a small enough amount for only one meal. If one baked a permitted small quantity of dairy or meat
bread but some was left over, the Darkei Teshuvah17 writes that the leftovers remain permitted as long as the original amount could reasonably have been expected to be finished within the permitted time18.
A Distinctive Shape
The Gemara and Shulchan Oruch prohibit kneading dairy bread, not just baking it. The Poskim19 explain that the prohibition begins at the kneading stage. Therefore, l’chatchila one may not bake ordinary dairy bread with the intention of giving it a distinctive shape afterward. The unusual shape must be formed before baking. Bi’dieved, if a large batch of ordinary dairy bread was
mistakenly baked, the Poskim dispute whether it can be “saved” by cutting it into a distinctive shape after baking. One should consult their Rav for practical guidance.
מהרש”ם, דעת תורה צז:א 2
דרכי תשובה צז:לד 3
פסחים לו א 4
ד”ה כעין תורא 5
חולין לח א 6
מאכלות אסורות ט:כב 7
בית יוסף על הטור סימן צז 8
שם 9
סימן צז 10
11 See footnote 2
12 יורה דעה צז:א
13 See footnote 19
14 See footnote 17
.החו”ד סימן צז ביאורים ג. ערוך השולחן צז:ד 15
כף החיים צז:ז 16
צז:ה 17
עצי העולה, הל’ בשר בחלב, כלל יב:ב 18
חו”ד צז ביאורים ג, וחידושים ה. פרי מגדים שפתי דעת ס”ק א 19
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