וְכֹל֙ שֶׁ֣רֶץ הָע֔וֹף טָמֵ֥א ה֖וּא לָכֶ֑ם לֹ֖א יֵאָכֵֽלוּ׃
<span class="x" onmousemove="Show('perush','Este es el <b>175to Precepto Negativo</b> enumerado por el Rambam en el Prefacio a Mishné Torá, su “Compendio de la Ley Hebrea” para todo el Pueblo de Israel.',event);" onmouseout="Close();">Y todo reptil alado os será inmundo: no se comerá</span>.
Tur
The Laws Regarding Products Derived from Living Beings (Yoreh De'ah, Siman 81)
1. Milk from Non-Kosher Animals:
The milk of a non-kosher animal, whether a domesticated or wild beast, or if the animal is a treifah (an animal with a fatal defect), as well as its whey and urine—whether the urine is from a donkey or any other non-kosher animal—is prohibited just like its meat.
- Cheese from Treifah Milk:
If cheese was made from the milk of an animal that was later found to be a treifah, and it is a type of treifah that could have occurred recently, such as if the brain membrane was punctured, then the cheese is permitted. This is because we assume that the defect occurred only now, as most animals are presumed to be kosher until proven otherwise.
- Pre-Existing Treifah Status:
However, if it is known that the animal was a treifah before it was milked, such as if it had an extra limb that caused the treifah status or if a wound had healed, indicating that the injury occurred at least three days prior, then all the cheese is forbidden.
- Mixed Milk:
If the milk of this treifah animal was mixed with the milk of other animals in the herd, all the cheese made from this mixed milk is forbidden. However, the Rashba wrote that in such cases, we follow the rule of nullification by sixty parts, as we do in other prohibitions.
- Treifah due to Adhesions:
If the animal was a treifah due to adhesions (sircha), the Rashba wrote that since we cannot say for certain that the defect occurred just now, the cheese is forbidden. Any situation where it is clear that the animal became a treifah before the milking took place results in the cheese being forbidden, since the majority presumption no longer applies. In cases of doubt, the prohibition applies because when it comes to Torah prohibitions, we are stringent.
The Rosh, of blessed memory, wrote that it is permitted in cases of treifah due to adhesions because if we were experts enough to determine it, we might find a permissible condition through examination. Therefore, this situation is considered a safek sfeika (double doubt)—a doubt whether it is a treifah or not, and even if it is a treifah, perhaps it became one afterward, permitting the cheese.
2. Other Products:
- "Yali de Chamorta" (Eggs of Mules):
These are permitted. The term refers to a type of egg-like substance expelled by the womb of a mule.
- Donkey's Placenta:
The skin that forms against the face of a donkey is permitted; this refers to the placenta in which the donkey is formed, which is considered mere waste.
3. Permissible Products from Kosher Animals:
- Milk and Urine:
The milk and urine of kosher animals, whether domesticated or wild, are permitted and are not considered as parts derived from a living animal.
- Whey:
Rabbi Eliezer wrote that only milk, which the Torah explicitly permits, is allowed, while whey (a byproduct of cheese-making) is forbidden. However, Rabbi Simcha permitted it, and this is the common practice.
4. Nursing and Cheese:
- Nursing from a Treifah:
If a treifah nursed from a kosher animal, the milk found in its stomach is permitted. However, if a kosher animal nursed from a treifah, the milk found in its stomach is forbidden—this applies specifically to liquid milk, while curdled milk is permitted. Further details will be explained in the laws of mixing milk and meat.
- Human Milk:
Human milk is permitted. This applies when the milk is expressed from the woman into a vessel. However, an adult who nurses directly from a woman's breast is considered as eating a creeping thing (sheretz), and he should be punished with rabbinical lashes (makat mardut). A child may nurse until the end of four years if healthy, or five years if sick. This rule applies only if the child has not stopped nursing. If the child was weaned for three full days after 24 months, he should not be returned to nursing unless he was sick and unable to nurse, in which case the interruption is not considered significant, and he may resume nursing. If there is danger involved, the child may resume nursing even after many days. Within the 24 months, even if the child was healthy and weaned for more than a month, he may be returned to nursing.
5. Honey:
- Bee Honey:
Honey from bees is permitted and is not considered a product of a living being. The Sefer HaMitzvot writes that although the bees' bodies may be mixed with the honey, and it is heated and boiled when separating the honey, it is still permitted because the taste of the bees is considered spoiled (noten ta'am lifgam).
- Wasp and Hornet Honey:
Rabbeinu Tam wrote that honey from wasps and hornets is permitted, and the same was written by the Rambam. However, the Rosh, of blessed memory, wrote to forbid honey from wasps and hornets.
1. Milk from Non-Kosher Animals:
The milk of a non-kosher animal, whether a domesticated or wild beast, or if the animal is a treifah (an animal with a fatal defect), as well as its whey and urine—whether the urine is from a donkey or any other non-kosher animal—is prohibited just like its meat.
- Cheese from Treifah Milk:
If cheese was made from the milk of an animal that was later found to be a treifah, and it is a type of treifah that could have occurred recently, such as if the brain membrane was punctured, then the cheese is permitted. This is because we assume that the defect occurred only now, as most animals are presumed to be kosher until proven otherwise.
- Pre-Existing Treifah Status:
However, if it is known that the animal was a treifah before it was milked, such as if it had an extra limb that caused the treifah status or if a wound had healed, indicating that the injury occurred at least three days prior, then all the cheese is forbidden.
- Mixed Milk:
If the milk of this treifah animal was mixed with the milk of other animals in the herd, all the cheese made from this mixed milk is forbidden. However, the Rashba wrote that in such cases, we follow the rule of nullification by sixty parts, as we do in other prohibitions.
- Treifah due to Adhesions:
If the animal was a treifah due to adhesions (sircha), the Rashba wrote that since we cannot say for certain that the defect occurred just now, the cheese is forbidden. Any situation where it is clear that the animal became a treifah before the milking took place results in the cheese being forbidden, since the majority presumption no longer applies. In cases of doubt, the prohibition applies because when it comes to Torah prohibitions, we are stringent.
The Rosh, of blessed memory, wrote that it is permitted in cases of treifah due to adhesions because if we were experts enough to determine it, we might find a permissible condition through examination. Therefore, this situation is considered a safek sfeika (double doubt)—a doubt whether it is a treifah or not, and even if it is a treifah, perhaps it became one afterward, permitting the cheese.
2. Other Products:
- "Yali de Chamorta" (Eggs of Mules):
These are permitted. The term refers to a type of egg-like substance expelled by the womb of a mule.
- Donkey's Placenta:
The skin that forms against the face of a donkey is permitted; this refers to the placenta in which the donkey is formed, which is considered mere waste.
3. Permissible Products from Kosher Animals:
- Milk and Urine:
The milk and urine of kosher animals, whether domesticated or wild, are permitted and are not considered as parts derived from a living animal.
- Whey:
Rabbi Eliezer wrote that only milk, which the Torah explicitly permits, is allowed, while whey (a byproduct of cheese-making) is forbidden. However, Rabbi Simcha permitted it, and this is the common practice.
4. Nursing and Cheese:
- Nursing from a Treifah:
If a treifah nursed from a kosher animal, the milk found in its stomach is permitted. However, if a kosher animal nursed from a treifah, the milk found in its stomach is forbidden—this applies specifically to liquid milk, while curdled milk is permitted. Further details will be explained in the laws of mixing milk and meat.
- Human Milk:
Human milk is permitted. This applies when the milk is expressed from the woman into a vessel. However, an adult who nurses directly from a woman's breast is considered as eating a creeping thing (sheretz), and he should be punished with rabbinical lashes (makat mardut). A child may nurse until the end of four years if healthy, or five years if sick. This rule applies only if the child has not stopped nursing. If the child was weaned for three full days after 24 months, he should not be returned to nursing unless he was sick and unable to nurse, in which case the interruption is not considered significant, and he may resume nursing. If there is danger involved, the child may resume nursing even after many days. Within the 24 months, even if the child was healthy and weaned for more than a month, he may be returned to nursing.
5. Honey:
- Bee Honey:
Honey from bees is permitted and is not considered a product of a living being. The Sefer HaMitzvot writes that although the bees' bodies may be mixed with the honey, and it is heated and boiled when separating the honey, it is still permitted because the taste of the bees is considered spoiled (noten ta'am lifgam).
- Wasp and Hornet Honey:
Rabbeinu Tam wrote that honey from wasps and hornets is permitted, and the same was written by the Rambam. However, the Rosh, of blessed memory, wrote to forbid honey from wasps and hornets.