Halakhah zu Wajikra 11:20

In establishing that thesis, the Brisker Rav cites an intriguing rule recorded by Rambam, Hilkhot Ma'akhalot Assurot 3:8. A single creature may be thrice prohibited, namely as 1) a swarming land creature, 2) a swarming aquatic creature and 3) a swarming flying creature. Since consumption of creatures that creep on land, swarm in water and those that fly are each prohibited by a separate negative commandment, Rambam, Hilkhot Ma'akhalot Assurot 2:23, rules that a person who consumes a land creature that reproduces in bodies of water and also sprouts wings is punished by having the statutory number of stripes administered three times. Rambam, Hilkhot Ma'akhalot Assurot 3:8, further rules that a person who consumes an unhatched bird incurs punishment for violation of the prohibition against consuming "winged swarming things that go upon all fours" (Leviticus 11:20). Even though, if eaten only upon hatching, punishment incurred in eating such a creature would be for consuming an "unclean bird," nevertheless, while yet in the egg, its appearance is that of a "swarming" creature and punishment is for consuming a "winged swarming thing."