(א) את משפטי תעשו. אֵלּוּ דְּבָרִים הָאֲמוּרִים בַּתּוֹרָה בְּמִשְׁפָּט, שֶׁאִלּוּ לֹא נֶאֶמְרוּ הָיוּ כְדַאי לְאָמְרָן: (ב) ואת חקתי תשמרו. דְּבָרִים שֶׁהֵן גְּזֵרַת הַמֶּלֶךְ, שֶׁיֵּצֶר הָרַע מֵשִׁיב עֲלֵיהֶם לָמָּה לָנוּ לְשָׁמְרָן? וְאֻמּוֹת הָעוֹלָם מְשִׁיבִין עֲלֵיהֶם, כְּגוֹן אֲכִילַת חֲזִיר וּלְבִישַׁת שַׁעַטְנֵז וְטָהֳרַת מֵי חַטָּאת, לְכָךְ נֶאֱמַר אני ה', גָּזַרְתִּי עֲלֵיכֶם, אֵי אַתָּה רַשַּׁאי לִפָּטֵר (יומא ס"ז):
(1) את משפטי תעשו YOU SHALL DO MY JUDGMENTS — Matters prescribed in the Torah which are in conformity with the human feeling of justice such as one feels ought to be ordained if they had not been already ordained by the Torah. (2) ואת חקתי תשמרו AND KEEP MY ORDINANCES — matters which are decrees of the King (promulgated without any reason being stated) against which the evil inclination raises objections: "Why should we observe them and against which also the nations of the world raise objections, as e. g., the prohibition of eating swine’s flesh, of wearing clothes of a mixture of wool and linen, the purgatory power of "water mingled with the ashes of the Red Heifer" (טהרת מי חטאת) — therefore it is stated: "I", the Lord, have enacted this for you — you are not at liberty to evade the obligation (Yoma 67b).
(13) And these you shall abominate among the birds—they shall not be eaten, they are an abomination: the eagle, the vulture, and the black vulture; (14) the kite, falcons of every variety; (15) all varieties of raven; (16) the ostrich, the nighthawk, the sea gull; hawks of every variety; (17) the little owl, the cormorant, and the great owl; (18) the white owl, the pelican, and the bustard; (19) the stork; herons of every variety; the hoopoe, and the bat. (20) All winged swarming things that walk on fours shall be an abomination for you. (21) But these you may eat among all the winged swarming things that walk on fours: all that have, above their feet, jointed legs to leap with on the ground— (22) of these you may eat the following: locusts of every variety; all varieties of bald locust; crickets of every variety; and all varieties of grasshopper. (23) But all other winged swarming things that have four legs shall be an abomination for you.
(1) AND THESE YOU SHALL ABOMINATE AMONG THE BIRDS. Of all birds, only those mentioned expressly in this section and their species — such as those concerning which it says, "after his kind" (v. 15), or "after her kind" (v. 14) — are prohibited, since Scripture did not mention any signs of unclean birds [by which we may know that they are] forbidden, or of clean birds [by which we may know that they are] permitted... Our Rabbis, however, have specified certain signs [of impurity as food] in birds, so that one may recognize through them that the fowls which lack those signs are not amongst those which are prohibited [here].
Now the most important sign [of unfitness as food] in fowls is preying, for every bird of prey is invariably unfit [as food]. The Torah removed it [from us] as food, because its blood becomes heated up due to its cruelty, and is dark and thick, which gives rise to that bitter [fluid in the body] which is mostly black and tends to make the heart cruel. There is not another fowl in the whole world that is a bird of prey apart from those mentioned in this section (vv. 13–19), and therefore one may know that any fowl which is a bird of prey, is one of those mentioned here. Thus if it is known for sure that it does not prey, it may definitely be eaten.
דְּאָמַר רַבִּי חִיָּיא, מַאי דִּכְתִיב: ״מַלְּפֵנוּ מִבַּהֲמוֹת אָרֶץ וּמֵעוֹף הַשָּׁמַיִם יְחַכְּמֵנוּ״. ״מַלְּפֵנוּ מִבַּהֲמוֹת״ — זוֹ פְּרֵידָה, שֶׁכּוֹרַעַת וּמַשְׁתֶּנֶת מַיִם. ״וּמֵעוֹף הַשָּׁמַיִם יְחַכְּמֵנוּ״ — זֶה תַּרְנְגוֹל, שֶׁמְּפַיֵּיס וְאַחַר כָּךְ בּוֹעֵל. אָמַר רַבִּי יוֹחָנָן: אִילְמָלֵא לֹא נִיתְּנָה תּוֹרָה, הָיִינוּ לְמֵידִין צְנִיעוּת מֵחָתוּל, וְגָזֵל מִנְּמָלָה, וַעֲרָיוֹת מִיּוֹנָה. דֶּרֶךְ אֶרֶץ מִתַּרְנְגוֹל — שֶׁמְּפַיֵּיס וְאַחַר כָּךְ בּוֹעֵל.
As Rabbi Ḥiyya said: What is the meaning of that which is written: “Who teaches us by the beasts of the earth, and makes us wiser by the birds of the sky” (Job 35:11)? He explains: “Who teaches us by the beasts of the earth”; this is the female mule, which crouches and urinates and from which we learn modesty. “And makes us wiser by the birds of the sky”; this is the rooster, which first appeases the hen and then mates with it. Similarly, Rabbi Yoḥanan said: Even if the Torah had not been given, we would nonetheless have learned modesty from the cat, which covers its excrement, and that stealing is objectionable from the ant, which does not take grain from another ant, and forbidden relations from the dove, which is faithful to its partner, and proper relations from the rooster, which first appeases the hen and then mates with it.
The Letter of Aristeas to Philocrates, can be found in the Pseudepigrapha (ancient Jewish writings not included in the Tanach or the Catholic Old Testament). The author of the letter claims to be Aristeas, a servant in the court of King Ptolemy II Philadelphus (285-247 BCE). He writes to his brother, Philocrates, about the legend of the Septuagint, the first Greek translation of the Torah.
Despite its claim, the letter is generally considered pseudepigraphic. The actual author was probably an Alexandrian Jew of the mid- to late-2nd century... As such, it is a valuable resource for determining what Alexandrian Jews of the 2nd century thought about the Torah, in particular, their apprehension over the apparent arbitrariness of their dietary laws.
Do not take the contemptible view that Moses enacted this legislation because of an excessive preoccupation with mice and weasels or suchlike creatures. The fact is that everything has been solemnly set in order for unblemished investigation and amendment of life for the sake of righteousness. The birds which we use are all domesticated and of exceptional cleanliness, their food consisting of wheat and pulse—such birds as pigeons, turtledoves, locusts, partridges, and, in addition, geese and others of the same kind.
As to the birds which are forbidden, you will find wild and carnivorous kinds, and the rest which dominate by their own strength, and who find their food at the expense of the aforementioned domesticated birds—which is an injustice; and not only that, they also seize lambs and kids and outrage human beings dead or alive. By calling them impure, he has thereby indicated that it is the solemn binding duty of those for whom the legislation has been established to practice righteousness and not to lord it over anyone in reliance upon their own strength, nor to deprive him of anything, but to govern their lives righteously, in the manner of the gentle creatures among the aforementioned birds which feed on those plants which grow on the ground and do not exercise a domination leading to the destruction of their fellow creatures...
Thus the cloven hoof, that is the separation of the claws of the hoof, is a sign of setting apart each of our actions for good, because the strength of the whole body with its action rests upon the shoulders and the legs. The symbolism conveyed by these things compels us to make a distinction in the performance of all our acts, with righteousness as our aim...
Rumination is nothing but the recalling of (the creature’s) life and constitution, life being usually constituted by nourishment. So we are exhorted through scripture also by the one who says thus, “Thou shalt remember the Lord, who did great and wonderful deeds in thee.”...
The species of weasel is unique: Apart from the aforementioned characteristic, it has another polluting feature, that of conceiving through its ears and producing its young through its mouth. So for this reason any similar feature in men is unclean; men who hear anything and give physical expression to it by word of mouth, thus embroiling other people in evil, commit no ordinary act of uncleanliness, and are themselves completely defiled with the taint of impiety.
...indeed the life of Torah is to be found everywhere, as it says: "You made them all in wisdom" (Ps 104:24). But the life-force cannot be drawn forth from some things because [they contain] an admixture of good and evil.These are the signs: chewing the cud and having the split hoof. Each thing contains two keys, an inner and an outer. First the lock of nature has to be opened, so that the physical itself not be too entirely corporeal. This is the split hoof, one not completely closed, showing that there is a crack in the outer shell, in that which hides. Afterwards, the holy point within has to be opened. The animal that chews its cud hints at one who can bring forth that which lies within.
In these [the life-force] is drawn after the Jew who eats them in holiness. The forbidden species are those from which we cannot bring forth that holiness. That is why the blessed Holy One has separated us from them.
At the same, the absence of an original rationale ever reminds Jews that any subsequent explanation, however instructive or uplifting, is also contingent. The only response to the “decrees of the King” that prove timeless, applying to all Jews, in all times, and in all places, is the act of obedience on the grounds that “I am the LORD your God.”
(א) אֵלּוּ טְרֵפוֹת בַּבְּהֵמָה. נְקוּבַת הַוֶּשֶׁט, וּפְסוּקַת הַגַּרְגֶּרֶת, נִקַּב קְרוּם שֶׁל מֹחַ, נִקַּב הַלֵּב לְבֵית חֲלָלוֹ, נִשְׁבְּרָה הַשִּׁדְרָה וְנִפְסַק הַחוּט שֶׁלָּהּ, נִטַּל הַכָּבֵד וְלֹא נִשְׁתַּיֵּר הֵימֶנּוּ כְלוּם, הָרֵאָה שֶׁנִּקְּבָה, אוֹ שֶׁחָסְרָה, רַבִּי שִׁמְעוֹן אוֹמֵר, עַד שֶׁתִּנָּקֵב לְבֵית הַסִּמְפּוֹנוֹת. נִקְּבָה הַקֵּבָה, נִקְּבָה הַמָּרָה, נִקְּבוּ הַדַּקִּין, הַכֶּרֶס הַפְּנִימִית שֶׁנִּקְּבָה, אוֹ שֶׁנִּקְרַע רֹב הַחִיצוֹנָה, רַבִּי יְהוּדָה אוֹמֵר, הַגְּדוֹלָה טֶפַח, וְהַקְּטַנָּה בְּרֻבָּהּ. הַמְסֵס וּבֵית הַכּוֹסוֹת שֶׁנִּקְּבוּ לַחוּץ, נָפְלָה מִן הַגַּג, נִשְׁתַּבְּרוּ רֹב צַלְעוֹתֶיהָ, וּדְרוּסַת הַזְּאֵב. רַבִּי יְהוּדָה אוֹמֵר, דְּרוּסַת הַזְּאֵב בַּדַּקָּה, וּדְרוּסַת אֲרִי בַּגַּסָּה, דְּרוּסַת הַנֵּץ בָּעוֹף הַדַּק, וּדְרוּסַת הַגַּס בָּעוֹף הַגָּס. זֶה הַכְּלָל, כֹּל שֶׁאֵין כָּמוֹהָ חַיָּה, טְרֵפָה:
(1) These wounds constitute tereifot in an animal, rendering them prohibited for consumption: A perforated gullet, or a cut windpipe...
Likewise, if an animal fell from the roof, or if the majority of its ribs were fractured, or if it was clawed by a wolf, it is a tereifa...
This is the principle: Any animal that was injured such that an animal in a similar condition could not live for an extended period is a tereifa, the consumption of which is forbidden by Torah law.
I am proud to be a Jew — not despite of the world's relation to us, but precisely because of it.
I would be ashamed to belong to the peoples who have borne and raised the criminals responsible for the deeds that have been perpetrated against us.
I am proud of my Jewishness. Because being a Jew is an art. Being a Jew is hard. There is no art in being an Englishman, an American, or a Frenchman. It is perhaps easier and more comfortable to be one of them, but it is not more honorable.
Yes, it is an honor to be a Jew.
I believe that to be a Jew is to be a fighter, an eternal swimmer against the roiling, evil current of humanity. The Jew is a hero, a martyr, a saint. You, our enemies, say that we are bad? I believe we are better than you, finer. But even if we were worse — I'd like to have seen how you would have looked in our place.
Me, my wife, our teenager and our 5-year-old, we knew nothing about birds before the lockdown sent us inside in March. Our cramped home was suburban-convenient before the pandemic hit, nestled a few blocks from a school we don’t go in and a train downtown we won’t ride, and now it is just small.
It was a bedroom short and had nothing a person could call work space beyond the dining room table even before it became our entire lives. But it did have windows, sunny and bright in the morning, that looked out on the worn patch of yard just outside so I bought a bird feeder and some cheap seed and mounted it just outside our dining room window.
We needed a distraction.
The birds came in swarms, tiny brown ones at first that constantly pecked at each other over the absolute trash seed we’d put out. It was like we’d opened an avian fight club. Then came the cardinals, regal and red, and the goldfinches, a hallucinatory yellow. They all fought, too, but they were beautiful.
The 5-year-old kept telling us he’d seen a blue jay, but it would always fly off, he’d claim, when we turned around. We thought it was a way of getting attention after losing his preschool, his swim lessons, his friends — everything his tiny world encompassed — to the pandemic. A phantom bird for attention, a way of controlling the tiny slice of world that existed outside our window. When I saw it for the first time, its iridescent blue tail catching the late spring sunlight, I screamed. He was right.
The pandemic required full days of work to become half days, our time now split down the middle between work and child care. We began drawing birds, my son and I, making a poster a week, one bird a day. He and I drew in the mornings, and he would study the birds with his mother in the afternoons. The time split was inconvenient, but how long could it possibly last, we asked.
….
The five-year-old got a children’s guide to birds for his birthday, a birthday celebrated inside. He spent hours poring over it, teaching himself to read by sheer desire, calling out for help with words that grew longer and more complex as the weeks wore on. He memorized page after page.
The posters we draw line the walls of our dining room now — 25 at this point, one a week, the number always increasing. His tiny hand was unsure at first, lines and lettering halting and hesitant, but as weeks became months, he’s grown more confident and ambitious. Backyard birds. Sea birds. Exotics, Crayola bright. They reach the ceiling. We’re running out of space.
…
“That’s a dark-eyed junco” the 5-year-old announced excitedly one morning a week or two ago (what’s time anymore?), pointing at a bird that, to my eyes, looked just like the trash birds we get by the hundreds. It was maybe a little darker, its beak a little lighter. Its only distinguishing mark was a little flick of a white tail I never would have noticed. He noticed.
This time I didn’t question him. I just looked it up in his bird book and there it was, exactly as he said, a dark-eyed junco. They only come in winter.
