פרשת שמיני תש"ו - מאכלות אסורים

זאת החיה אשר תאכלו, after the Israelites had divested themselves of their spiritual jewelry which they had acquired at Mount Sinai when receiving the Torah, something which if they had been able to retain it, would have given them direct access to the Shechinah without the need for an intermediary, as stated by G’d in the wordsבכל המקום אשר אזכיר את שמי אבא אליך וברכתיך, “in any place where I hear My name mentioned I will come to you and bless you, (Exodus 20,24) a change had now occurred due to the people’s sin at the golden calf. G’d stated that the purpose of the Tabernacle was for Him to take up residence therein so that His essence should not feel disgust at the Jewish people. (Leviticus 26,11). Unfortunately, the golden calf episode had brought about a cardinal change in G’d’s relationship with the people so that He would not allow His Presence to dwell among them even briefly, refused to accompany them on their journey (Exodus 33,3) By means of his lengthy prayers Moses accomplished some improvement in this relationship of G’d to the Israelites by means of the Tabernacle and its furnishings, the priests performing service there, etc. Finally, the people attained the state of grace described as וירא כבוד ה' אל כל העם, “the glory of the Lord appeared to the whole people.” (Leviticus 9,23.) This manifestation of the “glory of the Lord” was the descent of fire from heaven to devour the offerings of the people in the Tabernacle. A way had now been found to refine the character of the people in attitudes and by application of their intelligence so that they would qualify for eternal life (life after death of the body). The method chosen for this was the refinement of the foods eaten by the people. G’d forbade consumption of the kinds of foodstuffs which exert –over a period of time- a negative influence on the people’s character and their intelligence. This is spelled out by the Torah in verse 43 of our chapter where the rationale of the legislation is אל תשקצו בנפשותיכם, another way of saying “do not contaminate your souls.” This is only the effect of observing the negative commandment not to eat forbidden things. There is a positive aspect to this legislation also called והתקדשתם והייתם קדושים “if you will sanctify yourselves you will remain holy.” (Leviticus 15,31). When G’d added כי קדוש אני, this was an incentive to attain the dimension of eternal life similar to G’d. In addition to legislation involving our physical foodstuffs, the Torah introduced legislation designed to refine our body’s other appetites, that of the libido. Legislation governing a husband’s marital relation with a woman who is a menstruant, or who suffers diseases of her sexual organs, or experiencing childbirth (נדה, זבה, יולדת) are intended to sanctify human sperm and to cleanse if from all spiritual contamination, טומאת הגוף. Compare Leviticus 15,31 והזהרתם את בני ישראל מטומאתם, “caution the Children of Israel to abstain from their pollutants.” If they would fail to do so they would forfeit this claim to eternal life. Here the Torah introduces this subject of ritual impurity in connection with animals. In this whole paragraph “defilement” is brought about either by direct touch, indirect touch such a carrying or moving the object by pushing it. Only such animals a are liable to confer contamination of our souls are capable of conferring immediate ritual impurity. Fish, birds, locusts and other creeping things are not capable of conferring such ritual contamination of a person by means of contact other than by means of ingesting them.. The Torah uses the expression שיקוץ to describe their negative fallout when dead instead of the expression טומאה. (compare verse 10,13, 41-42) to describe the negative result if we were to eat such creatures.

Speak unto the children of Israel, saying: These are the living things which ye may eat among all the beasts that are on the earth.

מכל הבהמה ....... ‎זאת החיה ‎THESE ARE THE ANIMALS (החיה) [WHICH YE MAY EAT]; AMONG ALL THE CATTLE (הבהמה) [YE MAY EAT] etc. — This teaches us that בהמה is included in the term חיה (Sifra, Shemini, Section 2 8; Chullin 71a).

זאת הבהמה … איל וצבי ויחמור THESE ARE THE BEASTS [WHICH YOU MAY EAT] THE HART AND THE GAZELLE AND THE FALLOW DEER — This (the fact that Scripture begins with זאת הבהמה and goes on to enumerate חיות) teaches us that חיה is included in the term בהמה (Sifrei Devarim 100:1; Chullin 71a; cf. Rashi on Leviticus 11:2, last sentence, and Note thereon). It further teaches us that there are more unclean beasts and wild animals than clean ones, for where two contrasted classes are spoken of it always enumerates by name the individuals of the smaller class (Sifrei Devarim 100:3; Chullin 63a.) (Since it enumerates here the clean animals these must be the minority.)

And out of the ground the LORD God formed every beast of the field, and every fowl of the air; and brought them unto the man to see what he would call them; and whatsoever the man would call every living creature, that was to be the name thereof.

And the man gave names to all cattle, and to the fowl of the air, and to every beast of the field; but for Adam there was not found a help meet for him.

And the fear of you and the dread of you shall be upon every beast of the earth, and upon every fowl of the air, and upon all wherewith the ground teemeth, and upon all the fishes of the sea: into your hand are they delivered.

and for thy cattle, and for the beasts that are in thy land, shall all the increase thereof be for food.

ולבהמתך ולחיה AND FOR THY BEAST, AND FOR THY CATTLE [… SHALL ALL THE INCREASE THEREOF BE FOOD] — If the wild beast may eat thereof how much the more is this the case with cattle to supply which with food is your duty! What, then, is intended by Scripture specially stating “and for thy cattle”? But by mentioning it, it intends to put on a level (to suggest equal treatment of) the cattle with the wild beast: so long as the wild beast has the opportunity of eating from the produce in the field, feed your cattle with what is stored in the house; as soon, however, as food has disappeared for the wild beast from out of the field, make it disappear for thy cattle from out of thy house [i. e. clear it out of thy house into the field and make it thus available to all animals alike] (Sifra, Behar, Chapter 1 8; Taanit 6b).

Thy righteousness is like the mighty mountains; Thy judgments are like the great deep; Man and beast Thou preservest, O LORD.

And when any one shall touch any unclean thing, whether it be the uncleanness of man, or an unclean beast, or any unclean detestable thing, and eat of the flesh of the sacrifice of peace-offerings, which pertain unto the LORD, that soul shall be cut off from his people.

or if any one touch any unclean thing, whether it be the carcass of an unclean beast, or the carcass of unclean cattle, or the carcass of unclean swarming things, and be guilty, it being hidden from him that he is unclean;

Nevertheless these shall ye not eat of them that only chew the cud, or of them that only part the hoof: the camel, because he cheweth the cud but parteth not the hoof, he is unclean unto you.

And the rock-badger, because he cheweth the cud but parteth not the hoof, he is unclean unto you.

And the hare, because she cheweth the cud but parteth not the hoof, she is unclean unto you

מפרסת פרסה ושסע איננה שסעת WHICH DIVIDETH THE HOOF AND IS NOT CLOVEN FOOTED, such as the camel, the hoof of which is split on top but is attached below (see Rashi on v. 3); here it tells you that the carcass of an unclean animal causes uncleanness and in the paragraph which is at the end of this section (vv. 39–40) it sets forth the law concerning the carcass of a clean animal.

And the hare, because she cheweth the cud but parteth not the hoof, she is unclean unto you