When is the Pure Bird Impure? In Parshat Acharei, we read, "And every soul that eats what dies of itself (N'veila, natural death) or was torn (by animals, T'reifa) - the native (Yisrael) or the proselyte - shall wash (i.e. immerse) his garments and himself in the water (i.e. a Mikveh) and he is impure until evening. But if he does not wash his garments or immerse his flesh (before entering Mikdash grounds or eating Kodashim e.g. sacrificial meat), he shall bear his iniquity" (Vayikra 17:15,16). The use of the two terms, N'veila and T'reifa, intimate that death was not caused by the prescribed method of kosher slaughter. Rashi explains, "Scripture speaks of the carcass of a clean bird which does not render impure except when it is swallowed (and is in) the esophagus. (The Pasuk) teaches you that it (the N'veila and T'reifa of the pure bird) cause impurity when it is eaten and not when it is touched. The use of the term T'reifa is an explanation. (Without it) I might have thought that the carcass of an impure bird causes impurity when it is in the esophagus; therefore Scripture uses the expression T'reifa - that which has a category of T'reifa. This excludes an impure bird which does not have a category of T'reifa." Rambam writes that we know that the aforementioned Pasuk refers to carrion of a pure bird Mipi Hashemu'a i.e., a Halacha L'Moshe MiSinai - a Halacha orally revealed to Moses on Sinai (Hil. Avot Hatum'ot 3:1). The Gemara elucidates, "R. Yehuda derives the exclusion of bird from N'veila. R. Yehuda taught, 'You might think that the N'veila of an impure bird defiles garments (when its flesh) is in the esophagus. For (this reason the Torah) says, 'He shall not eat N'veila or T'reifa to defile himself …' (Vayikra 22:8): only that (defiles) whose prohibition is based on "Do not eat N'veila." This is why an impure bird is excluded. The prohibition of eating an impure bird is not derived from the prohibition of N'veila: the prohibition of eating an impure bird is based on the prohibition of eating non-kosher birds. It would not matter if an animal mauled and killed a non-kosher bird or not, it would be forbidden to eat in either case. Paraphrasing the Sifra (Vayikra 124), the Torah Temima (70) comments, "The Pasuk specifically wanted to emphasize that (impurity is created) only if the person swallowed it, because only then the soul benefits. As long as the piece of the carcass is in the person's mouth, the soul does not benefit from it." The Gemara (Chulin 120a) notes, "If someone dissolved the carcass of the pure bird in fire and gulped it (the resultant liquid) down, he becomes impure (and renders the clothes he was wearing at the time impure as well)… But does not the Pasuk say 'eating'? ("And every soul that eats…") Resh Lakesh replied, 'the Pasuk says "soul" to include one who drinks". Listing the categories of impurity, the Vilna Gaon writes, "Carrion of an pure bird has but one kind of impurity - when there is a KaZayit (olive's bulk) of it in the eater's esophagus; but an impure bird, pure and impure fish and locusts, have no impurity at all" (Eliyahu Rabba - a commentary on the Mishnaic order Tahorot). The Yisrael eating the N'veila of the clean bird becomes a "father of impurity as soon as an olive's bulk of meat comes into contact with his esophagus. At that moment he conveys first degree impurity to garments that he is wearing and vessels that he touches or carries. However, after he swallowed the olive bulk of meat, his "level of impurity" diminishes and he ceases to be a father of impurity. He then becomes a Rishon L'tum'a, a bearer of first degree impurity, and he can only ritually defile food and drink, but not people and vessels. Fools Rush in where Angels
Fear to Tread... The Gemara says, "This verse teaches us that Moshe was instructed concerning the gullet and the windpipe; concerning the greater part of one of these organs (that must be cut) in the case of (the slaughter of) a bird, and the greater part of both organs in the case of cattle" (Chulin 28a). The Yisrael is permitted to eat (kosher) birds and animals only if they were slaughtered according to these rules. Even a kosher animal that was not slaughtered according to these regulations was considered N'veila and was forbidden to the Yisrael. However, when a Yisrael wanted to have a beefsteak, lamb chops or squab for dinner, the temptation to slaughter the larger animals in a non-kosher manner was not as great as the temptation of wringing a pigeon's neck. Ordinarily, birds were never sources of impurity. Nevertheless, the moment the Yisrael began to eat a pure i.e. kosher bird killed in an improper manner, impurity suddenly appears! Is it possible that one Halacha L'Moshe MiSinai (the resultant impurity arising from eating the N'veila of a kosher bird) was divinely ordained to "support" another Halacha L'Moshe MiSinai, the laws of bird Shechita? (IMHO) You are not Alone… (from the
introduction of the Rambam) Read Rambam's advice from his introduction to Seder Tahorot! "I want to emphasize something here. If you are one of those who have an ever increasing desire to know the laws of impurity and purity and to understand everything that is included in this Seder (The Mishnaic Order Tahorot), you should first learn by heart all the introductions and commentaries which I have written until you know them extremely well. They should be so "fluent in your mouth" (Shagur Beficha) and to such as extent that you do not have to strain your mind to remember them. It will not be sufficient for you simply to read and review them, even if you do so a thousand times, unless you learn my introductions and commentaries by heart. They must be "fluent in your mouth" just like K'ri'at Sh'ma and then maybe (ULAI) if you have a good memory, you will understand what is included in this Seder because its contents are very difficult. There are many ambiguities and it requires study in depth. Moreover, if the great Sages of the Mishna - upon them be peace - considered the laws of Tum'a and Tahara so weighty (Chamurim), then certainly we should. See what Eliezer ben Azaria said to one like R. Akiva (upon them peace), "Akiva, what do you have to do with Agada? Confine yourself to (the study) of N'ga'im and Oholot, (very difficult tractates in Seder Tohorot where his expertise was universally recognized). Catriel's book in progress: The Temple of Jerusalem, A Pilgrim’s Perspective; A Guided Tour through the Temple and the Divine Service [The
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