Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

Misva #164: The Prohibition Against Consuming “Sheres Ha’mayim” (Water Creatures)

Misva #164: The Prohibition Against Consuming “Sheres Ha’mayim” (Water Creatures)

FromSefer Hachinuch


Misva #164: The Prohibition Against Consuming “Sheres Ha’mayim” (Water Creatures)

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Mar 18, 2022
Format:
Podcast episode

Description

The Torah commands in Parashat Shemini (Vayikra 11:43), “Do not make yourselves repulsive through all creatures that crawl, and do not be defiled by them.” The Sefer Ha’hinuch, following the view of the Rambam, interprets this verse as referring specifically to “Sheres Ha’mayim” – small creatures that float in water, establishing a prohibition against eating such creatures. One who intentionally eats a whole creature (“Birya”) is liable to Malkut regardless of the creature’s size, because even a very small whole creature is considered a significant entity. If one consumes such creatures which are not whole, then he is liable to Malkut only if he eats the quantity of a Ke’zayit. Different water creatures can combine to this amount, thus rendering one liable to Malkut. However, as the Sefer Ha’hinuch emphasizes, even eating less than a Ke’zayit violates a Biblical prohibition. The principle of “Hasi Shiur” establishes that it is forbidden to partake of forbidden foods in any quantity, even amounts smaller than the amount needed to be liable to punishment. The Ramban disagrees with the Rambam’s view in regard to the classification of this command. According to the Ramban, this verse (“Do not make yourselves repulsive through all creatures that crawl”) refers not specifically to “Sheres Ha’mayim,” but rather to all living creatures which the Torah forbids for consumption. In the Ramban’s view, the Torah here concludes its discussion of forbidden creatures by introducing an additional, all-inclusive prohibition against eating any of these creatures (animals, insects, birds and fish). Hence, this command falls under the category of “Lav She’bi’chlalut” – a general prohibition, for which one does not receive Malkut. The prohibition against eating “Sheres Ha’mayim,” the Ramban writes, is derived from an earlier verse (11:10), which says regarding creatures in the water that do not feature fins and scales, “Sheketz Hem Lachem” – they should be regarded as “repulsive.” In the Ramban’s view, this includes not only non-kosher fish, but also other water creatures, and it is here where the Torah commands that such creatures may not be eaten. Since the Torah does not formulate this command as a prohibition (by stating, “Do not eat…”), but rather states affirmatively that we must regard these creatures as forbidden, Malkut are not administered for violations of this command. Thus, whereas the Rambam maintains that one receives Malkut for partaking of “Sheres Ha’mayim,” the Ramban is of the opinion that this prohibition is not punishable by Malkut. The Sefer Ha’hinuch in this context also mentions a different fundamental debate between the Rambam and the Ramban. The Rambam writes that if the Torah reiterates a prohibition on several occasions, a violator is nevertheless liable to just a single set of Malkut. Even if the Torah would have repeated a prohibition 100 times, one who would violate such a command would receive only one set of Malkut. The Rambam must therefore contend with the Gemara’s famous comments in Masechet Makkot (16) regarding the consumption of insects. The Gemara states that eating a certain insect is punishable by four sets of Makkot; for eating a different creature one is liable to five sets of Malkut; and there is another creature whose consumption is punishable by six sets of Malkut. The straightforward understanding of the Gemara’s remarks is that the Torah repeats the prohibition against eating such creatures several times, and so violators are liable to multiple sets of Malkut, one for each time the Torah issues the command. The Rambam, however, reads the Gemara differently, claiming that each of these creatures has several different physical properties that place it in several different categories, on account of which they are forbidden by force of different Biblical commands. It is only for this reason, the Rambam writes, that one would receive several sets of Malkut for eating a single creature, and not because the
Released:
Mar 18, 2022
Format:
Podcast episode

Titles in the series (100)

Sefer Hachinuch Daily - delivered directly to your computer and/or mobile device