Sh’mini: Kashrut and Food Justice

Sources from essay by Rabbi Shmuly Yanklowitz
in The Social Justice Torah Commentary

As you read the passages concerning Kashrut below, discuss and experience you have with kashrut. Does the practice have any relevance to you? What do we lose by ignoring these laws?

(ג) כֹּ֣ל ׀ מַפְרֶ֣סֶת פַּרְסָ֗ה וְשֹׁסַ֤עַת שֶׁ֙סַע֙ פְּרָסֹ֔ת מַעֲלַ֥ת גֵּרָ֖ה בַּבְּהֵמָ֑ה אֹתָ֖הּ תֹּאכֵֽלוּ׃
(3) any animal that has true hoofs, with clefts through the hoofs, and that chews the cud—such you may eat.
(ט) אֶת־זֶה֙ תֹּֽאכְל֔וּ מִכֹּ֖ל אֲשֶׁ֣ר בַּמָּ֑יִם כֹּ֣ל אֲשֶׁר־לוֹ֩ סְנַפִּ֨יר וְקַשְׂקֶ֜שֶׂת בַּמַּ֗יִם בַּיַּמִּ֛ים וּבַנְּחָלִ֖ים אֹתָ֥ם תֹּאכֵֽלוּ׃
(9) These you may eat of all that live in water: anything in water, whether in the seas or in the streams, that has fins and scales—these you may eat.
(יג) וְאֶת־אֵ֙לֶּה֙ תְּשַׁקְּצ֣וּ מִן־הָע֔וֹף לֹ֥א יֵאָכְל֖וּ שֶׁ֣קֶץ הֵ֑ם אֶת־הַנֶּ֙שֶׁר֙ וְאֶת־הַפֶּ֔רֶס וְאֵ֖ת הָעׇזְנִיָּֽה׃ (יד) וְאֶ֨ת־הַדָּאָ֔ה וְאֶת־הָאַיָּ֖ה לְמִינָֽהּ׃ (טו) אֵ֥ת כׇּל־עֹרֵ֖ב לְמִינֽוֹ׃ (טז) וְאֵת֙ בַּ֣ת הַֽיַּעֲנָ֔ה וְאֶת־הַתַּחְמָ֖ס וְאֶת־הַשָּׁ֑חַף וְאֶת־הַנֵּ֖ץ לְמִינֵֽהוּ׃ (יז) וְאֶת־הַכּ֥וֹס וְאֶת־הַשָּׁלָ֖ךְ וְאֶת־הַיַּנְשֽׁוּף׃ (יח) וְאֶת־הַתִּנְשֶׁ֥מֶת וְאֶת־הַקָּאָ֖ת וְאֶת־הָרָחָֽם׃ (יט) וְאֵת֙ הַחֲסִידָ֔ה הָאֲנָפָ֖ה לְמִינָ֑הּ וְאֶת־הַדּוּכִיפַ֖ת וְאֶת־הָעֲטַלֵּֽף׃
(13) The following 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.
(כ) כֹּ֚ל שֶׁ֣רֶץ הָע֔וֹף הַהֹלֵ֖ךְ עַל־אַרְבַּ֑ע שֶׁ֥קֶץ ה֖וּא לָכֶֽם׃ (כא) אַ֤ךְ אֶת־זֶה֙ תֹּֽאכְל֔וּ מִכֹּל֙ שֶׁ֣רֶץ הָע֔וֹף הַהֹלֵ֖ךְ עַל־אַרְבַּ֑ע אֲשֶׁר־[ל֤וֹ] (לא) כְרָעַ֙יִם֙ מִמַּ֣עַל לְרַגְלָ֔יו לְנַתֵּ֥ר בָּהֵ֖ן עַל־הָאָֽרֶץ׃ (כב) אֶת־אֵ֤לֶּה מֵהֶם֙ תֹּאכֵ֔לוּ אֶת־הָֽאַרְבֶּ֣ה לְמִינ֔וֹ וְאֶת־הַסׇּלְעָ֖ם לְמִינֵ֑הוּ וְאֶת־הַחַרְגֹּ֣ל לְמִינֵ֔הוּ וְאֶת־הֶחָגָ֖ב לְמִינֵֽהוּ׃ (כג) וְכֹל֙ שֶׁ֣רֶץ הָע֔וֹף אֲשֶׁר־ל֖וֹ אַרְבַּ֣ע רַגְלָ֑יִם שֶׁ֥קֶץ ה֖וּא לָכֶֽם׃
(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.

A commitment to the timeless ritual of kashrut is a powerful vehicle for Jewish survival and continuity. However, the fact that food is kosher does not always mean that eating it is ethical, per se. For many, kashrut involves a commitment to a Torah tradition without any deeper moral relevance. The spiritual enterprise of kashrut can be reframed to meet humanity's ethical obligation to tend to the earth and the heavens, including tending to workers' dignity and animal welfare.

At heart, kashrut is about dignity. An anecdote about a rabbinic ethicist helps us understand this concept. Rabbi Yisrael Salanter was the founder of Judaism's modern character development movement, Mussar. The story goes that one spring, before Passover, he was called to certify the kosher status of a matzah factory. As he inspected the factory, he observed the conditions thoroughly. He saw that the matzah, the unleavened bread, was made according to the letter of halachah (Jewish law). Yet, after inspecting every aspect of the factory, Rabbi Salanter refused certification. Why?

Rabbi Salanter explained that he refused to certify the factory's products because of the poor treatment of its workers. The women were overworked, their pay was
insufficient, and their needs were ignored. Because his moral compass would not allow the consumption of products prepared unethically, Rabbi Salanter refused to certify the factory's matzah as fit for use on the holiday when Jews tell the story of their ancestors' release from enslavement.

-Rabbi Shmuly Yanklowitz

How does this fit into your understanding of kashrut? Did the treatment of workers involved in food production figure into your understanding of kashrut before?

From him [Rabbi Soloveitchik] we learned the idea that Halacha is not just a list of ritual dos and don'ts, but a comprehensive worldview that applies to everything that happens around us. The Torah prohibits the exploitation of workers-so why shouldn't that apply to migrant farm workers picking lettuce or grapes? They were being mistreated, so it was natural for us to apply the principle of non-exploitation to their situation, too. It seemed obvious.

-Rabbi Haskel Lookstein & Rabbi Dr. Yitz Greenberg

Unlike Rabbis Kook and Albo, R. Soloveitchik has no reservations concerning vegetarianism, and affirms it both as an ideal and a practice. He believes that all life, even animal life, is sanctified. . . . Hence, according to R. Soloveitchik, vegetarianism should be practiced, yet man, too desirous for meat, refuses to stop eating animal flesh.

-David Errico-Nagar

When we read Parashat Shmini, let us be inspired by the timeless traditions to keep the Jewish people nourished. At the same time, let us reflect on the ethical dimensions of food consumption that help enable us to thrive morally.

-Rabbi Shmuly Yanklowitz

Discussion Questions by Ariel Tovlev

  1. How can kashrut be seen as an ethical guide? What examples does Rabbi Yanklowitz provide?
  2. How do you understand Rav Soloveitchik’s concepts of the morality of majesty and the morality of humility? According to Rabbi Yanklowitz, how are they in concert with each other and not in competition?
  3. Rabbi Yanklowitz tells the story of Rabbi Yisrael Salanter not giving kosher certification despite adherence to kosher laws, because the organization was unethical. In what ways might our foods be treif (not kosher) due to ethical concerns? How might we make our community more kosher by increasing our ethical standards?