Misva #153: Identifying the Kosher Status of Animals
Length: 5:41
The Torah in Parashat Shemini (Vayikra 11) establishes the “Simanim” – the features that determine an animal’s status vis-à-vis its permissibility for consumption. Specifically, it states that an animal with split hooves and that chews its cud is permissible, whereas an animal which either does not have split hooves, or does not chew its cud, is forbidden. The Sefer Ha’hinuch, following the view of the Rambam, maintains that inspecting an animal to determine its kosher status constitutes one of the 613 Biblical commands.
The Gemara states that every animal which chews its cud also has split hooves, except for the camel, the rabbit and the hare. Conversely, every animal with split hooves also chews its cud, with the exception of the pig.
Torah law also distinguishes between two categories of animals – Behemot (domesticated animals) and Hayot (non-domesticated animals). One difference between these two categories relates to the consumption of Heleb (certain fats): the Heleb of Behemot is forbidden for consumption, whereas the Heleb of Hayot is permissible. Secondly, after slaughtering a Haya, one must perform Kisui Ha’dam (covering the blood), whereas after slaughtering a Behema, this is not required. The Torah does not inform us how to distinguish between a Behema and Haya, but tradition teaches that a creature’s status can be determined by its horns. The horns of a Haya are “Keruchot” (layered), “Hadukot” (notched) and “Hadurot” (round), and thus an animal with horns featuring all three properties is to be regarded as a Haya, and other animals fall under the category of Behema.
Interestingly, the Sefer Ha’hinuch writes, following the Rambam, that if one ate an animal’s meat without bothering to determine its status, whether or not it has the required properties, then he has transgressed this affirmative command. Even if the animal is later determined to have been a kosher species, nevertheless, the individual is in violation of a Biblical command by neglecting to check and ascertain its kosher status. Generally speaking, the Rambam maintains that the principle of “Safek De’Orayata Le’humra,” requiring one to act stringently in situations of doubt concerning a Torah law, was enacted by the Sages. As far as Torah law is concerned, if one is uncertain regarding a matter involving a Biblical command, he made act leniently, and it was the Sages who enacted that he must act stringently. An exception to this rule is the kosher status of a species of animal. If a person is uncertain as to whether a given species is kosher, Torah law forbids him from eating the animal’s meat until he ascertains the status of its species.
Rav Yishak Arama (Spain, d. 1494) goes even further, asserting that this Misva requires identifying an animal’s status based on its physical properties even if one has no intention of eating the animal’s meat. According to this view, there is an obligation to know how to identify kosher and non-kosher species, regardless of whether one intends to eat any given creature.
This command underscores for us the great importance of Kashrut. The Torah made a point of singling out this particular area, requiring special vigilance to ascertain that what we eat is permissible, and to ensure to distinguish between kosher and non-kosher species, showing how vitally important it is to make sure to eat only that which G-d permits.