Kommentar zu Wajikra 11:8

מבשרם לא תאכלו OF THEIR FLESH SHALL YE NOT EAT — I have here only a law about these animals mentioned here! Whence can I derive that the same applies to other unclean animals which have no sign of cleanness at all? You must admit that it is a conclusion a fortiori: How is it with these that have some signs of cleanness? They are forbidden! how much the more must this be so in the case of cattle which do not possess even one sign of cleanness! (Sifra, Shemini, Chapter 3 2).

AND THEIR CARCASSES YE SHALL NOT TOUCH. This is not a prohibition [saying that] we are not to touch these carcasses [of the animals that we are forbidden to eat]. Rather, Scripture states, and their carcasses ye shall not touch, for they are unclean to you, meaning to say, “you cannot touch them without becoming unclean.” The meaning thereof is to state that all those who touch them should be aware that they have become unclean and should therefore be careful not to enter the Sanctuary nor [to eat] of the hallowed offerings. Perhaps the meaning of the interpretation which our Rabbis have said:¹⁸¹Rosh Hashanah 16 b. “And their carcasses ye shall not touch — on a festival” is to say that “you should not touch them at a time when you want to be clean, for they are unclean [and by touching them you will also become unclean] and you will not be able to go up to the Sanctuary on the festival.” But the [mere] act of touching them is not forbidden by means of a negative commandment, for he who touches carrion [even] on a festival does not incur whipping [by law of the Torah]. Thus that which the Rabbis have said:¹⁸¹Rosh Hashanah 16 b. “One is dutybound to purify oneself on a festival,” is a commandment of Rabbinic authority, there being according to Scriptural law neither a positive nor a negative commandment, concerning the touching of carrion, except that of going up to the Sanctuary.¹⁸²See “The Commandments,” Vol. I, pp. 60-61. Or it may be that the interpretation,¹⁸¹Rosh Hashanah 16 b. “And their carcasses ye shall not touch — on a festival,” is a Scriptural text used as a support for the Rabbinical enactment,⁸⁰See in Exodus, Seder Yithro, p. 314, Note 449. like many other laws of the Sages taught there in the Torath Kohanim, which use Biblical texts as a “support.” It is also taught there:¹⁸³Torath Kohanim, Shemini 2:6. “Other Rabbis¹⁸⁴According to tradition, Rabbi Meir is quoted under this anonymous term Acheirim (others). See Horayoth 13 b, for the reason of this name. say: One might think that if a person touches a carcass [he violates a negative commandment and] is liable to whipping? Scripture therefore says, By these ye shall become unclean.¹⁸⁵Further, Verse 24. From this one might think that if a person sees a carcass he must go and render himself unclean by [touching] it? Scripture therefore says, and their carcasses ye shall not touch. How are we to reconcile these two verses? We must conclude that [touching a carcass] is optional” [i.e., neither obligatory, nor forbidden]. This is the main principle of the Scriptural law.

ובנבלתם לא תגעו. At a time when you need to touch sacred matters or when you are about to eat sacrificial meat, for instance, you are not to touch the dead bodies of such creatures, as we know from כל הנוגע בהם יקדש, (Exodus 30,29) “anyone touching it (the altar) will become (must become) holy.” (consecrated) [In other words, before coming into contact with something sacred one must first become ritually pure, as otherwise one cannot share the sanctity with the object one wishes to consume. Ed.] The legislation mentioned here applies also to touching holy vessels, or the altar, or anything concerning which the Torah has written the words כל הנוגע בהם יקדש.

מבשרם לא תאכלו, “you must not eat of their flesh. According to Rashi this line refers to animals not listed here by name that have no distinguishing marks making them fit for consumption by Jews. We arrive at this by simple logic, seeing that the Torah forbids the eating of animals that possess only one of the two distinguishing marks. Nachmanides writes that if that were so we could not administer the penalty of 39 lashes to anyone eating animals that lacked both distinguishing marks, as such a penalty cannot be administered to prohibitions not specifically spelled out in the text. He claims that the ability to administer the penalty of 39 lashes to people eating animals which have neither of the two distinguishing marks is derived from the שפן, hyrax, concerning which the Torah emphasizes that though it chews the cud, it does not have split hooves, and on the other hand, the Torah spells out that the pig is forbidden though it does have split hooves because it does not chew the cud. From these two verses it is clear that any animal not possessing split hooves or/and is chewing the cud is forbidden for Israelites on pain of the penalty of 39 lashes. There is no need to apply logic, as mentioned by Rashi.

Kal vachomer. You might ask: We may not derive a warning [for punishment] based on a kal vachomer! The answer is: It is different here where there is a positive command (v. 3): “You may eat it,” upon which Rashi explains: “And not an impure animal.” This refers to every impure animal, since it is written, “you may eat it,” which implies that the ones written in the parshah are permitted to be eaten, but the rest of the animals that do not have signs are forbidden to be eaten although they are not written in the parshah. If so, since there is a positive command also for the animal that has no permitting sign, we may derive a warning based on a kal vachomer so that there will be a negative command as well. However, where there is no positive command we may not derive the warning from a kal vachomer (Re’m). [Alternatively:] Perhaps we do not derive a warning from a kal vachomer where we wish to derive from the essence of the law. [For example,] the Torah prohibited [relations with] one’s granddaughter and we wish to derive [the prohibition also applies to] one’s daughter from this. In such a case we say that we may not derive a warning [based on a kal vachomer], for perhaps it is a Scriptural decree and thus we cannot derive the warning based on a kal vachomer. However, when the Torah gives a reason [for prohibiting] and states: “The rabbit, for it chews its cud but does not have a cloven hoof,” then certainly we may clearly derive that if an animal has no sign at all there is more reason to forbid it, and it may be derived correctly through a kal vachomer. When [the Torah gives] a reason it is not applicable [to say] “we do not derive a warning...” (Gur Aryeh).

, מבשרם לא תאכלו, “you must not eat any of their meat.” This prohibition is applicable regardless of whether the animal in question has died of natural causes or has been slaughtered ritually, something that saves an animal from being labelled as neveilah, cadaver. (compare Ibn Ezra)

מבשרם OF THEIR FLESH [SHALL YE NOT EAT] — with respect to their flesh one is placed under a prohibition to eat, but not in respect to the bones, sinews, horns and claws (Sifra, Shemini, Chapter 4 8).

ובנבלתם לא תגעו, “and you must not touch their carcasses.” This is not phrased as an outright prohibition, but it means that touching such a carcass confers ritual impurity on the person doing this, with all the consequences that follow, such as the inability to consume any parts of sacrificial offerings, inability to approach the consecrated ground of the Temple Mount. Our sages (Rosh Hashanah 16) understand the verse as a warning that one must purify oneself before the festivals requiring one’s presence in Jerusalem for offering the requisite sacrifices. At any rate, they view this as a אסמכתא, a Biblical support for a Rabbinic injunction.

On a festival. “On a festival” means on Yom Tov, i.e., when the people of Israel are obligated to purify themselves on the festival, because one is obligated to bring the burnt-offering of being seen, to the Temple courtyard. This [reason] is not applicable during the rest of the year.

ובנבלתם לא תגעו, “and you are not to touch their cadavers.”

ובנבלתם לא תגעו AND THEIR CARRION SHALL YE NOT TOUCH — One might think that Israelites (i. e. non-priests) are prohibited from touching a carcass at any time! It, however, states, (Leviticus 21:1) in reference to uncleanness in touching a corpse: “Speak unto the priests etc.” — priests are prohibited (from touching it) and Israelites in general are not prohibited. Well, you can draw a conclusion a fortiori from now (i. e. consequent upon what you have now stated): How is it in the case of uncleanness caused by a corpse, which is a stringent kind of uncleanness? The Torah prohibits it only to priests, but ordinary Israelites may touch a corpse. Surely in the case of uncleanness caused by a carcass which is less stringent this is all the more so! Then why does it state here: “[and their carrion] shall ye not touch”? — It means on a festival when every male Israelite was obliged to appear in the Sanctuary and should therefore be in a state of cleanness (Sifra, Shemini, Chapter 4 8-9; Rosh Hashanah 16b).