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Any fish that has a scale certainly has a fin. If so, why did the Torah list both? – To make it abundantly clear for those who don't know the Torah that well. Furthermore, the Torah said “Those that have fins and scales in the seas and rivers you may eat, and those that don't have the fins and scales in the seas and rivers you may not eat.” Why is this repetition? – To make one who eats fish without fins and scales transgress both a positive and a negative commandment.
Since the Torah only mentioned the requirement of fins and scales for seas and rivers, those worm-like creatures that originate in a vessels are permitted – as long as they have not left the vessel. A practical application is that one may drink water and not worry about worms in it, since they are kosher anyway.
Art: Alexander Adriaenssen - The Fishmonger
If a bird flocks with other kosher birds, it is kosher , and if with non-kosher type, then it is non-kosher – this is the opinion of Rabbi Eliezer. However, the Sages say that this is only true if it also resembles them. If “according to its type” is not written in the Torah with the regard to this non-kosher type, then all agree that the bird that flocks with this non-kosher type may still be kosher.
To be kosher, a grasshopper must have the following signs: four walking legs, four wings, two jumping legs, and its wings must cover the its greater part. Rabbi Yose says, “Its name must be 'chagav', or grasshopper.”
The school of Rabbi Ishmael derives, from the additional words in the Torah, that grasshoppers with a bold head, with an elongated head, and with a tail are also kosher.
Art: Balthasar Van Der Ast - Carnations, a parrot tulip, a grasshopper and a lizard on a ledge
If an egg has a spot of blood in it, then if it is only in the place of the embryo, one can discard the blood and eat the egg, but if it is in another place, then one can assume the whole egg started developing, and it is forbidden. Some say that the place of an embryo is in the connection to the yolk, others that it is in the yolk, and still others that it is in the egg white. The custom has thus become to discard an egg with any blood spot.
Art: Willem Roelofs - Still life with eggs
The stork in Hebrew is “racham,” which connotes mercy – because it is a harbinger of rain. Rav Bibi bar Abaye said, “That is only when it sits on something makes the 'sherakrak' sound. If it sits on the ground and shrieks, it is a sign that Messiah is about to come.” But there was one stork that settled in a plowed field and shrieked, and a stone came down and cracked its skull?! – That one was a liar.
Art: Wladyslaw Aleksander Malecki - Storks' Seym
However, we can formulate some logical rules, even if we don't know the exact physical birds they refer to. Twenty of the non-kosher birds possess all three kosher signs, that is, extra toe, crop, and gizzard that can be peeled – but they claw their prey. The raven has two of the kosher signs. The ossifrage and the osprey have one kosher sign, a different one each. An eagle has no kosher signs. To determine if a bird is kosher it is first compared to the eagle. If it is unlike an eagle and has at least one kosher sign, and it does not belong to the other twenty-three non-kosher types, then it is kosher.
Ameimar formulated a rule: even if one is not expert in identifying an ossifrage and an osprey – which are rare – if he sees a bird with one kosher sign, it is kosher, provided that it does not claw.
Art: Herbert William Weekes - The Sermon - A Raven Addressing a Gaggle of Geese
Thus, there should be thousands of bird types that are kosher. However, later, and perhaps already in the times of writing down the Talmud, that is, around sixth century, the people became less knowledgeable in the names of the birds, with the result that they no longer knew with certainly which birds are nonkosher. The signs above, given by the Sages, also cannot be ascertained with ease. The result of this is that only those few birds that are known by tradition to be kosher can be eaten, while the rest cannot.
Art: Joseph Crawhall - The Aviary
Ravina asked a related question, “If someone planted two types of grasses together, is that a forbidden mixture?” Perhaps not, since they were not commanded to grow separately, or maybe yes, since they guessed it on their own?
Rav Assi asked a question: “The earth brought forth vegetation on Tuesday, but the plants were not there on Friday. That's a contradiction!” He answered, “All vegetation remained underground until Adam prayed for it.” Rav Nachman bar Pappa had a garden. He planted seeds there, but they did not grow. He prayed, the rain came, and they grew. He said, “That is the teaching of Rav Assi!”
Art: Edward Stott - The High Grasses
Once a deer had its hind legs severed. Rav inspected it and, because the cut was below the sinews of the knee, pronounced it kosher. He wanted to taste it lightly roasted, but Shmuel said to him, “Perhaps a snake bit it before the leg was severed. Put it in the oven to check.” The meat was indeed poisoned and fell apart. Shmuel applied to Rav the words of Solomon, “No harm shall befall a righteous,” and Rav applied to Shmuel the words of Daniel, “No secret is withheld from you.”
The signs of a kosher domestic and of a kosher wild animal are listed in the Torah: it should have hooves that are completely split into two, and it should be a ruminant that brings up its cud.
Art: Winslow Homer - Fallen Deer
No worm can survive for more than twelve months. Therefore, dates stored in a container for that long are permitted to be eaten, since earth-produced worms disappeared, and new worms are not forbidden until they emerge from the fruit.
Incidentally, gnats don't live for more than a day. Then what about a popular saying, “For seven years the female gnat kept aloof from the male gnat, because she said to him, 'You saw a fat inhabitant of Mechozah who went swimming in the water and you sucked blood without telling me!'” – They are talking in gnat-years.
Art: Frans Hals - Boy With A Skull
Birds have less vitality than animals, as evidenced by the fact that only one of the two pipes – either the trachea or the esophagus – need to be cut for the bird to be considered slaughtered. Because of this we might have thought that injuries similar to those of animals would be fatal in birds. Therefore, we need the rules for birds that are kosher despite being injured, and here they are.
If the trachea was split lengthwise, and not cut across; if a weasel struck (bit) it on its head in a place that does not make it terefah; if its crop was punctured, and Rabbi Yehudah the Prince says that even if it was removed; if its intestines came out but were not punctured; if its wings were broken, if its legs were broken, or if its feathers were plucked – in all of these cases the bird remains kosher. Rabbi Yehudah says that if its down (small, downy feathers without long shafts that cover the bird's skin) were removed, it is terefah.
Art: Alfred Sisley - Still-Life: Heron with Spread Wings
These are the cases of terefah in fowl: a bird whose esophagus was punctured, or one whose trachea was severed. If a weasel struck (bit) it on its head in a place that makes it a terefah, that is, opposite the brain, and there is a concern that the brain membrane may have been punctured. If the gizzard was punctured, or if the intestines were punctured.
If a fowl fell into fire and its internal organs were scorched, then if they turned green, it is terefah, but if they remained red, it is kosher. If one trod on a fowl or knocked it against the wall, or if an animal crushed it, then if it fluttered and remained alive for twenty-four hours, and one then slaughtered it, it is kosher.
Art: Wallerant Vaillant - Young Sportsman with Rabbit and Fowl
If the spleen was removed the animal remains kosher. Rav Avira explained that this was only said when the spleen was removed entirely, but if it was punctured, the animal is terefah – since the puncture causes great pain and illness in the body.
If the kidneys were removed the animal remains kosher. However, Rachish bar Pappa said that if the animal was diseased in even one kidney, it is a terefah.
The animal remains kosher if the lower jaw was removed. However, this is only true if it can be kept alive by human intervention of stuffing and pushing food into its throat. An animal whose uterus was removed remains kosher. One whose lung shriveled because of some fright of natural events, such as thunder and lightning, remains kosher, but not if it was scared of human. A flayed animal – Rabbi Meir declared it kosher, and the Sages sais that it is terefah, and later Rabbi Meir agreed to the opinion of the Sages.
Art: Martin Johnson Heade - Thunder Storm On Narragansett Bay
People in the family of Yosef the Hunter used to strike an animal on the sciatic nerve and cause it die in this manner. Nevertheless, this defect does not cause it to be a terefah, because with proper medicine it would heal.
Now the discussion turns to non-fatal injuries, those that do not cause the animal to become terefah, such as the case when the trachea was split lengthwise, and not cut across, or when a piece of it less than the size of an Italian issar coin was missing. Rabbi Yochanan said that the list of fatal injuries is specific, and things that are not on that list are kosher. Resh Lakish disagreed and said that the list of non-fatal injuries is specific and the rest are terefah. Which case do they argue about? – The one described by Rav Matna, where the ball of the thighbone popped out of its place in the socket.
Art: Henry Herbert La Thangue - The Thorn
If a lion entered among the oxen, and subsequently a detached lion's claw was found embedded in the back of one of the oxen, we have two ways to reason. On the one hand, majority of lions do claw, and minority does not. That majority that claws usually does not leave a nail detached. Hence we might conclude that the ox rubbed himself against a wall and had the claw embed itself into its back. Or we can say that although most oxen rub themselves against the wall, but a claw does not usually become embedded in them, so perhaps this one was clawed. Rav, who rules leniently in cases of doubtful clawing, will declare the animal kosher, but Shmuel will say that it is terefah.
An animal that was possibly clawed needs to be examined for the typical signs, the reddening of the meat.
Art: Geza Vastagh - The British Lion
If the skull of an animal was crushed in its greater part, the animal is terefah. If it was clawed by a wolf or a larger animal, it is a terefah due to the deposits of decayed meat under the predator's claws, which leads to bacterial infection. Some say that even a cat's clawing can be dangerous – but only if the cat is angry because of the prey's escape. Once a cat was chasing a chicken, and the door was slammed in its face, and the cat left five red spots on the door.
Art: William Henry Hamilton Trood - Cats
Reticulim is the second compartment of the stomach. If it is punctured from the outside, the animal is a terefah. If a needle was found it in, and it goes through both walls, the animal is a terefah, provided that the puncture occurred while the animal was still alive. A drop of blood can testify to that. However, if a scab formed over the opening of the puncture would, then it is clear that the puncture occurred more than three days before. Thus the animal was terefah when one bought it, and he can ask for his money back.
If an animal fell from a roof, it is considered terefah without any further signs, unless it survives for the next twenty-four hours.
Art: Joseph Crawhall - Pigeons on the Roof
They brought such a case before Rava, who made an additional puncture, and seeing that it looked different, wanted to declare the animal a terefah. His son Rav Mesharshiya said to him, “Think of all the hands that the first puncture went through before it came to you.” Rav Mesharshiya then rubbed the new puncture, and it appeared the same as the old ones. Thi showed that the animal was kosher. Rava said, “My son is as wise as Rabbi Yochanan.”
If the rectum was punctured, this does not make the animal terefah, because the hips support it. Even if only a finger-width of the rectum remained intact, it is kosher.
Art: Lorenzo Delleani - Wise Counsel
Abomasum is the fourth and final division in the stomach of a cow. If it was punctured, the animal is terefah. Incidentally, the kohanim, who receive this abomasum with its rennet as one of the gifts due them, have adopted the practice of allowing this fat for consumption, following Rabbi Ishmael, who is also a kohen. He also explains the order of blessings to their benefit, as: they bless the people, and God blesses them.
Art: Jules (Adolphe Aime Louis) Breton - Peasant Woman Threading A Needle
What if a needle was found in the lung? Some say that it probably entered there through the digestive tract, must have perforated the lung at some point, and is therefore a terefah, since such punctures never properly heal. However, others say that, although less likely, it entered through the trachea, never perforated the lung, and the animal is therefore kosher. They also assume that the minor deterioration in the vicinity of the needle is not significant.
Art: Louis Coulon - The Prick Of The Needle
Rava says that an extra lobe in the lungs makes an animal a terefah. Rav Acha was sitting in front of Mereimar's house when a butcher brought a case of an extra lobe for examination. Mereimar declared it kosher. Rav Acha said to the butcher, “Go ask Mereimar again.” Mereimar said to the butcher, “Tell the one sitting in front of my house that the law is not like Rava.”
Art: Claude Oscar Monet - The Blue House At Zaandam
If the liver was removed and nothing remained of it – the animal is a terefah. Elsewhere we learned that if less than an olive-volume remains, it is a terefah. Which is right? The opinion that requires an olive-volume belongs to Shimon the son of Rabbi Yehudah. He considered liver an organ important for the animal, therefore a healthy food, and ate it. Rabbi Chiya is the one who held that any remaining piece of the liver is sufficient. He considered the liver not such an important organ, not a healthy food, and threw it away.
If the lung was punctured in both membranes, the animal is a terefah. The lung can be examined by blowing it or by submerging it in warm water.
Art: Juan Bautista de Espinosa - Still Life Of Fruits And A Plate Of Olives
If an animal's windpipe was perforated like a sieve, then if the flesh was merely moved to the side, the animal is kosher unless half of the windpipe was perforated; however, if the flesh in the perforations was missing, then once the holes combine to an area of an issar coin, the animal is terefah.
Further cases of terefah: if the membrane of the brain was punctured, and this means the lower membrane; or if the heart was punctured into its chamber.
Art: Justus Juncker - A Scholar Sitting At His Desk
If the majority of the trachea of an animal was split, it is terefah. They brought such a case to examine before Rav, and Rav ruled the animal terefah, because he measured on the outside of the windpipe. However, Rabbah bar bar Chanah measured on the inside, declared the animal kosher, and bought thirteen measures of its meat. But didn't he buy it on the cheap and therefore benefited from his own ruling? – No, he didn't, because he bought it at the going market price.
Art: Winslow Homer - The Country Store
The esophagus has two layers, a red one and a white one. If one was punctured, but the other was not, the animal is not a terefah. The gizzard also has two layers, so the above rule applies. If both layers either in the esophagus or in the gizzard were perforated, but the holes are not aligned with each other – some say that in the case of the esophagus it is kosher, but in the case of gizzard it is terefah, and some say the opposite.
Ulla said, if a thorn is lodged in the esophagus, we do not suspect that it healed (which would still be terefah), rather, it was never punctured.
Art: James Hayllar - The Thorn
There are eight general categories of terefah, taught to Moses on Sinai, and they can be arranged according to the Hebrew acronym of “dan chanak nefesh(דן ×—× ×§ × ×£×©).” They are: clawed, punctured, deficient, removed, torn, fallen, severed, and fractured. For practical purposes the classification of terefah was divided into eighteen cases, starting with an animal whose esophagus was punctured, one whose trachea was severed, whose brain was punctured, and so on.
The laws that follow are complex, and the difficulty is compounded by the fact that not everybody knows the necessary details of the animal anatomy. Artscroll illustrations can help.
Art: George Frederick Watts - The Wounded Heron
This opinion also argues against the concept of kosher wine. According to it, if a Jew owns the wine, it never becomes non-kosher, even if touched or processed by non-Jews. However, it does not become law, and it was not mentioned in the whole tractate of Avodah Zarah.
One may not slaughter into a sea or into a river, because it may seem that he is slaughtering to the spirit of the sea or the river. One may slaughter into a pool of water, because blood mixed with water would never be used in idol worship.
If one slaughters a regular animal in the name of some free-will offering, then people may confuse it with an actual offering, and the shechitah is declared non-kosher.
Art: Carl Spitzweg - Still Life With A Jellyjar, A Carafe And A Bottle Of Wine
Had he slaughtered for the sake of the spirit of the mountain, it would clearly be an idolatrous sacrifice, and would be forbidden for all benefit. That would be true regardless of the importance of the idol, be it the greatest angel Michael or the smallest worm with spiritual qualities ascribed to it. So by right, slaughtering for the sake of a mountain should be allowed – but the Sages made it forbidden because it is too close to an idolatrous sacrifice. However, they did not go so far as to prohibit it for all benefit.
Rav Huna gave the following rule: if someone else's animal was lying in front of an idol, and one started to slaughter it – once he cut one pipe, or even less, makes a small cut – he made it prohibited for use. Even thought normally one cannot prohibit something that is not his, in a case like this, where he did an action, even a small action suffices.
Art: Gustave Dore - Gorge In The Mountains
Rabbi Yose disagrees and claims that the owner's thought has no effect at all. He argues thus. If in the Temple, where the kohen's intent is pervasive and makes or breaks a sacrifice, the owner's intent does not matter, then certainly in the case of regular food, the owner's intent is ineffective.
Rabbi Eliezer answers that firstly, when the Torah uses the term "one who brings the sacrifice," it means both the kohen and the owner. Secondly, just as in the Temple, the owner's idolatrous intent matters, so too it matters for regular shechitah outside the Temple.
Art: Jacob Willemsz de Wet the Elder - Figures Offering A Sacrifice In A Temple
No! That's can't be, because the Torah also said, “Do not eat nevelah, an animal that died by itself” which means that all the time that it is alive, you may slaughter and eat it. But perhaps nevelah and close to death are the same thing!? Rather, since Ezekiel said in his prayer “I never ate terefah or nevelah,” we understand that he never ate the meat of an animal that was close to death, though normally this is allowed – for otherwise, what would be his special praise?
What is considered an animal close to death? One that cannot rise even when prompted to. Even if it gnaws on hard foods, this is done only out of desperation and in an attempt to escape death. If it lows with low mooing sounds, releases waste or wiggles its ear – it is alive.
Art: Frank Johnson - The Wounded Buffalo
If an animal is close to death, then we are afraid that perhaps it died before the shechitah. Therefore, for such an animal we need additional signs of vitality. Rabban Shimon ben Gamliel says that it needs to jerk its foreleg and its hind leg. Rabbi Eliezer says that it is sufficient for it to spout blood. The Sages say that it needs to jerk either a foreleg or a hind leg, or wag its tail. A small animal that merely extended its foreleg but did not retract it is not kosher, since this is just the spasm of the expiration of life.
Art: Frans Snyders - A deer, a fawn and other dead game suspended on hooks
When blood is let from an animal, it drips slowly at first, until, after a few drops, it begins to spurt. The initial spurt is bright, but as the blood continues to flow, it slows and darkens in color. Only this is called the “blood of its kill,” when the animal dies. Rabbi Yehudah considers the complete act of slaughter as shechitah, with the “blood of its kill” being part of it, whereas Rabbi Chiya only considers the final moment as shechitah, thus at each stage it is only a doubt if a valid shechitah will result.
Art: Jan Lievens - Jacob Receiving the Blooded Tunic of Joseph
