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Theological Understandings of the Laws of Kashrut R. Yaakov Bieler פ' שמיני

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Theological Understandings of the Laws of Kashrut R. Yaakov Bieler פ' שמיני Theological Understandings of the Laws of Kashrut R. Yaakov Bieler פ' שמיני, תשע"ט 1. Vegans/vegetarians, would they be completely disinterested in the laws of Kashrut, since those in the Written Tradition primarily deal with consuming meat? תלמוד בבלי מסכת סנהדרין דף עא עמוד א דתניא: בן סורר ומורה לא היה ולא עתיד להיות, ולמה נכתב - דרוש וקבל שכר.1 שם דתניא: עיר הנדחת לא היתה ולא עתידה להיות ולמה נכתבה - דרוש וקבל שכר.2 שם דתניא: בית המנוגע לא היה ולא עתיד להיות, ולמה נכתב - דרוש וקבל שכר.3 But what should the quality/ focal point of such Derashot be? A technical understanding of these appears fairly discouraging; granted Tora study LiShma is "ולא עתיד להיות") topics were they to apply a value, but perhaps we should demand a more relevant standard,) or something more pertinent to our present situation? 2. The laws of Kashrut are typically included among those Mitzvot that are presumed either not to have rational explanations, or whose rationales are so esoteric, that average human beings are unable to comprehend them. בראשית פרק כו פסוק ה ֵ֕ ע ֶקב ֲא ֶשר־ ָׁש ַַ֥מע ַא ְב ָׁר ָָׁ֖הם ְבק ִִֹּ֑לי וַיִּ ְשמ ֹ ֙ר ִּמ ְש ַמ ְר ִּ֔ ִּתי ִּמ ְצֹו ַָ֖תי ֻחּקֹו ַ֥תי וְתֹורֹתָׁ ָֽי:4 רש"י חקותי - דברים שיצר הרע ואומות העולם משיבין עליהם כגון אכילת חזיר ולבישת שעטנז שאין טעם בדבר אלא גזירת המלך וחקותיו על עבדיו:5 Yet luminaries like RaMBaM and RaMBaN vociferously argue that all Mitzvot, including Kashrut have reasons of one sort or another: דברים פרק כב )ו( ִִּּ֣כי יִּ ָׁק ִּ֣רא ַקן־ ִּצ ִּ֣פֹור׀ ְל ָׁפ ֶ֡נֶיָך ַב ֶֶּ֜ד ֶרְך ְב ָׁכל־ ִּ֣עץ׀ ִּ֣אֹו ַעל־ ָׁה ָ֗ ָׁא ֶרץ ֶא ְפר ֹ ִּחי ֙ם ִּ֣אֹו בי ִּ֔ ִּצים וְ ָׁה ֵ֤אם ר ֹ ֶ֙ב ֶצ ֙ת ַעל־ ָׁ ָֽה ֶא ְפר ֹ ִּ֔ ִּחים ָ֖אֹו ַעל־ ַה בי ִִּ֑צים ֹלא־ ִּת ַַ֥קח ָׁה ָ֖אם ַעל־ ַה ָׁב ִּנָֽים: 1 It has been taught: There never has been a “stubborn and rebellious son,” and never will be. Why then was the law written? That you may study it and receive reward. 2 It has been taught: There never was a “condemned city,” and never will be. Why then was the law written? That you may study it and receive reward. 3 It has been taught: There never was a “house plagued with Tzora’at,” and never will be. Why then was the law written? That you may study and receive reward. 4 Because that Avraham hearkened to My Voice, and kept My Charge, My Commandments, My Statutes, and My Laws. 5 My Statutes—Things that the evil inclination and the nations of the world challenge us over their observance, like the prohibitions against eating pork and wearing mixtures of linen and wool, for there is no rational explanations for them, but they are decrees of the “King” and His Statutes imposed upon His Servants. 1 )ז( ַש ֵ֤ל ַח ְת ַש ַל ֙ח ֶאת־ ָׁה ִּ֔ אם וְ ֶאת־ ַה ָׁב ִָּ֖נים ִּ ָֽת ַ ָֽקח־ ִָׁ֑לְך ְל ַ֙מ ַע ֙ן ִִּּ֣יי ַטב ִּ֔ ָׁלְך וְ ַה ֲא ַר ְכ ָָׁ֖ת יָׁ ִּ ָֽמים:6 3. How should we approach those areas of Tora that are not readily given over to rational explanation? רמב"ן ...ואמר הרב: ואל תשיב עלי ממאמר החכמים )ברכות לג ב( האומר על קן צפור יגיעו רחמיך, כי זו אחת משתי סברות, סברת מי שיראה כי אין טעם למצות אלא חפץ הבורא, ואנחנו מחזיקים בסברא השניה שיהיה בכל המצות טעם. והוקשה עליו עוד מה שמצא בב"ר )מד א( וכי מה איכפת לו להקב"ה בין שוחט מן הצואר לשוחט מן העורף, הא לא נתנו המצות אלא לצרף בהם את הבריות שנאמר )משלי ל ה( כל אמרת אלוה צרופה: וזה הענין שגזר הרב במצות שיש להם טעם, מבואר הוא מאד כי בכל אחד טעם ותועלת ותקון לאדם, מלבד שכרן מאת המצוה בהן יתברך... I would add that this is true not only when it is possible to perform the Mitzvot, but even when all that one can do is study them. גליונות נחמה ליבוביץ,7 פ' תרומה תשי"ט, עלון הדרכה ... המורה יוכל ללכת כאן )בענין המשכן וכליו( באחת משתי הדרכים: א. יוכל הוא להסתפק בכך שיסביר את העשייה על פי הנאמר בכתוב, לחפש אחר הוראתן של מילים זרות, טכניות, להשתדל להבהיר לעצמו ולתלמידיו את מבנה המשכן ואת מבנה הכלים מבחינת צורתן, גודלן, חומרן, עד כמה שזה מתפרש מתוך הכתוב - מבלי שיחפש אחר טעמים למשכן ולכלים בכלל, או לטעמים לפרטי העשייה )למה מחומר זה? למה בגודל זה? מה מטרת צורה זו, מספרי החלקים, המידות הנדרשות?( ... ב. אם יבחר המורה בדרך השניה - היא דרך הסבר משמעות המצוות האלה בדרך פענוח האלגוריות המשוערות, המונחות ביסודם של פרטי המשכן: האוהל, הכלים ,בגדי הכהנים וכו'... המורה ההולך בדרך הראשונה – בייחוד המורה למבוגרים, אך גם לנוער – ירגיש שחסרה התעניינות בהעדר חומר למחשבה עיונית; המורה ההולך בדרך השניה ירגיש בודאי אי סיפוק בפרשנות אליגורית זו הנראית שרירותית מאוד, נטולת כל הכרח פרשני, בלי כל ראיות מן הכתוב, ובפרט כשההסברים באים לתת משמעות לכל פרט מפרטי הכלים, אפילו למידות לציפוי הכלים, לכל פרטי העשיה... 4. An example from the Parashat HaShavua, Parashat Shemini: While the Tora lists: four-legged animals, fish, fowl, and insects in Parashat Shemini, we will focus for the purposes of this Shiur only on birds: ויקרא פרק יא )יג( וְאֶת־א ֵ֙לֶהֵ֙֙ ְת ַׁש ְק ֣צּו מִן־הָע֔ ֹוף ֹ֥לא י ָא ְכ ֖לּו ֶ֣ש ֶקץ ֵ֑הם אֶת־הַׁנֵֶ֙שֶרֵ֙֙ וְאֶת־הַׁפֶ֔רֶ ס ְו ֖את הָעָזְנִיָָּֽה: )יד( וְאֶת־הַַׁ֨ דָאָ֔ ה ְו ֶאת־ ָה ַׁא ָי֖ה לְמִינָ ָּּֽה: )טו( ֹ֥את ָכל־ע ֹ֖רב לְמִינָֹּֽו: )טז( וְא תֵ֙֙ ַׁ֣בת הַׁ ָּֽיַׁעֲנָ֔ ה ְו ֶאת־ ַׁה ַׁת ְח ָ֖מס ְו ֶאת־ ַׁה ֵָ֑ש ַׁחף ְו ֶאת־ ַׁה ֖נץ לְמִינָּֽהּו: )יז( ְו ֶאת־ ַׁה ֹ֥כֹוס ְו ֶאת־ ַׁה ָש ָ֖לְך וְאֶת־הַׁיַׁנְשָּּֽוף: )יח( ְו ֶאת־ ַׁה ִתנְ ֶֹ֥ש ֶמת ְו ֶאת־ ַׁה ָק ָ֖את וְאֶת־הָרָחָ ָּֽם: 6 6 If a bird's nest chance to be before thee in the way, in any tree or on the ground, with young ones or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young; 7 Thou shalt in any wise let the dam go, but the young thou mayest take unto thyself; that it may be well with thee, and that thou mayest prolong thy days. 7 Nechama Leibowitz (September 3, 1905 – 12 April 1997 ) was a noted Israeli Bible scholar and commentator who rekindled interest in Bible study… https://en.wikipedia.org/wiki/Nechama_Leibowitz 2 )יט( וְא תֵ֙֙ הַׁחֲסִידָ֔ ה ָה ֲאנָ ָ֖פה ְל ִמי ֵָ֑נּה ְו ֶאת־ ַׁהדּו ִכי ַׁ֖פת וְאֶת־הָעֲטַׁלָּֽף:8 5. As opposed to four-legged animals: VaYikra 11:3 “Whatsoever a] parteth the hoof, and is b] wholly cloven-footed, and c] cheweth the cud, among the beasts, that may ye eat,” and fish: Ibid. 9 “These may ye eat of all that are in the waters: whatsoever hath a] fins and b] scales in the waters, in the seas, and in the rivers, them may ye eat,” in the Written Tradition of the Tora (Mikra,) Kosher birds are not given particular identifying characteristics,9 but rather identifying behavioral and physiological qualities are delineated by the Oral Tradition of the Tora (Midrash, Mishna, Gemora): Chullin 65a It was taught: Rabban Gamaliel says, (If a bird) 1] seizes prey and eats it, one may be certain that it is not Kosher; if it has 2] an extra toe,10 and 3] a crop,11 and 4] its gizzard12 can be peeled, one may be certain that it is Kosher. Tiferet Yisrael13 on Mishna Chullin 3:6 82( “HaDoreis” )a predatory bird.) I.e., it raises its prey from the ground between its toes and eats. And there are those who say that “HaDoreis” signifies an animal that catches living things and crushes them to the ground, and penetrates them with its nails in order to eat them, even if it does not eat them while they are still alive… 84) An extra toe. A smaller toe that is behind the foot, above the other toes. And there are those who say that the middle toe on its foot is longer than the others. 8 13 And these ye shall have in detestation among the fowls; they shall not be eaten, they are a detestable thing: the great vulture, and the bearded vulture, and the osprey; 14 And the kite, and the falcon after its kinds; 15 Every raven after its kinds; 16 And the ostrich, and the night-hawk, and the sea-mew, and the hawk after its kinds; 17 And the little owl, and the cormorant, and the great owl; 18 And the horned owl, and the pelican, and the carrion-vulture; 19 And the stork, and the heron after its kinds, and the hoopoe, and the bat. 9 One might infer the Kashrut of some birds based upon their utilization as Korbanot, as in VaYikra 1:14, “turtle doves and young pigeons. But this is certainly does not constitute an exhaustive list. 10 chicken hawk 11 In a bird's digestive system, the crop is an expanded, muscular pouch near the gullet or throat. It is a part of the digestive tract, essentially an enlarged part of the esophagus. As with most other organisms that have a crop (gastropods [snails and slugs,] earthworms, leeches, and insects,) the crop is used to temporarily store food. https://en.wikipedia.org/wiki/Crop (anatomy) 12 The gizzard, also referred to as the ventriculus, gastric mill, and gigerium, is an organ found in the digestive tract of some animals, including archosaurs (pterosaurs, crocodiles, alligators, and dinosaurs, including birds), earthworms, some gastropods, some fish, and some crustaceans.
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