Leviticus 22:28 - Mother and child: same day forbidden?

Prohibition of Slaughtering a Mother and Offspring on the Same Day

The verse (Vayikra 22:28) states: "And whether it be cow or ewe, you shall not kill it and its young both in one day." This commandment prohibits slaughtering a mother animal and its offspring on the same day, whether for sacrificial purposes or for ordinary consumption.

Rashi's Explanation

Rashi (Vayikra 22:28) explains that this prohibition applies regardless of whether the slaughter is performed for sacred purposes (korbanot) or for mundane use (chullin). He emphasizes that the Torah uses the term "תִשְׁחֲטוּ" (you shall slaughter) rather than "תִּזְבְּחוּ" (you shall sacrifice), indicating that the law applies even outside the Temple context.

Rambam's Classification

Rambam (Hilchos Shechitah 12:1) categorizes this prohibition as one of the 365 negative commandments in the Torah. He clarifies that the prohibition applies to both domesticated animals (behemah) and wild animals (chayah), as derived from the inclusive language of the verse.

Reason for the Prohibition

Several explanations are offered by our Sages for this mitzvah:

• Compassion for Creatures: The Sefer HaChinuch (Mitzvah 294) explains that the Torah seeks to instill mercy in humanity by preventing the cruel act of destroying two generations simultaneously.
• Preservation of Species: The Midrash (Toras Kohanim) suggests this law helps maintain ecological balance by preventing the rapid depletion of animal families.
• Moral Sensitivity: Ramban (Vayikra 22:28) connects this to the general Torah principle of avoiding actions that would coarsen human character.

Halachic Details

The Talmud (Chullin 78b-83a) elaborates on several important applications of this law:

• The prohibition applies whether the mother is slaughtered first or the offspring first.
• If one transgresses and slaughters both, the meat remains kosher but the act is forbidden.
• The law applies only when there is a definite mother-offspring relationship, not to animals that merely appear to be related.
• The "day" follows the Jewish calendar day from sunset to sunset.

Contemporary Application

Poskim (halachic authorities) discuss modern applications including:

• How to verify relationships in commercial slaughterhouses where parentage may not be known.
• Application to artificial insemination cases where parentage might be unclear.
• Whether frozen embryos or other modern reproductive technologies affect the status of offspring.