Halakhah su Levitico 11:11

An ostensively even stronger argument is formulated by Rabbi Halberstam, Ve-Anokhi Tola'at, p. 11, and by R. Ephraim Fishel Siegal, Or Yisra'el, no. 61, pp. 71-72. They contend that, even if minuscule creatures are not halakhically cognized, and, as Rabbi Falk argues, the species identity of such creatures is established at the time it becomes discernible to the naked eye, the Anisakis should nevertheless be forbidden. An Anisakis that reaches such a stage of development within crustaceans should be regarded either as a yozei of a forbidden fish⁶²Cf., however, Ḥavvat Da’at 81:1, who maintains that there is no prohibition of yoẓei with regard to forbidden fish. See, however, Tosafot, Bekhorot 7b, s.v. rov dagim, who apparently espouse a contradictory view. See also Malbim on Leviticus 11:11. or as having acquired the identity of the species of fish of which its host is a member.⁶³Rabbi Viya, Bedikat ha-Mazon, I, sha’ar sheni, chap. 3, note 22, rebuts that argument by citing Ḥavvat Da’at 81:2 who asserts that a fully-developed entity is not prohibited as yoẓei. However, Ḥavvat Da’at agrees that, by virtue of an entirely different scriptural derivation, identity as a member of a species is acquired by virtue of the species identity of the progenitor. If so, an organism juridically regarded as having been generated by a non-kosher creature should also acquire identity as a member of the species of its progenitor. Consistent with that assessment, Minḥat Hinnukh, no. 163, declares that, although worms that develop in the flesh of a dead animal are not prohibited as the yozei of a limb of a living animal, nevertheless, if the animal is a member of a non-kosher species, such worms are forbidden by virtue of the prohibition against eating the flesh of a non-kosher animal.⁶⁴Cf., Ḥazon Ish, Yoreh De’ah 17:13. Ḥazon Ish asserts that worms that are not piresh are permissible because they are generated by a foodstuff whose identity they acquire. That view is entirely consistent with the position of R. Hai Ga’on cited supra, note 27. Ḥazon Ish, however, further declares that a worm that is not piresh is permissible only if it acquires the identity of a permissible foodstuff as evidenced by the fact that worms found in a living animal are not forbidden as ever min ha-ḥai. Hence, according to Ḥazon Ish, a worm generated by a non-kosher organism would always be treated as piresh. That ruling is recorded by Darkei Teshuvah 84:177.⁶⁵See also the commentary of Malbim on Leviticus 11:11.

To not eat impure fish: To not eat impure fish, as it is stated (Leviticus 11:11), "you shall not eat of their meat and you shall abominate their carcasses." And we have written the signs of the fit (kosher) fish in the positive commandment (Sefer HaChinukh 155) - which is to check the signs of the fish - which we have counted in the tally [of the commandments] in deference to Rambam, may his memory be blessed.

And so [too,] that which they, may their memory be blessed, said (Chullin 67b) [that] worms that are found in the intestines of fish are forbidden on account of [being] a swarming creature, since they come from the outside; but those found in them between the skin and the flesh or in the flesh are permitted. Those that are found in the intestines of the beast are forbidden, since they came from the outside. But even those found in the brain of the beast or in its flesh are forbidden, since there is not anything in the beast that is permitted without slaughter, and they are not susceptible to slaughter. And also since the Torah added them [by implication] to the forbidden. And [it is] like they, may their memory be blessed, said (Chullin 67b), "You shall abominate their carcasses' (Leviticus 11:11) - is to include deranin (the understanding of which is insects found between the skin and the flesh) that are in the beast." And if you will [ask], how is it that the embryo is permitted without slaughter; [it is] because the Torah permitted it - as we expound in the Gemara (Chullin 69a) from "among (which can also be read as, 'in') the beast[...] you may eat" (Leviticus 11:3). And so [too,] did they, may their memory be blessed, permit (Chullin 66b) water in vessels that became worm-ridden, or even [if they were] in ditches and caves - meaning to say, any gathered waters. And they said (Chullin 66b) that a man [may] swim and drink from them, so long as the insects have not separated to a different place. And even if they have separated to the sides of the vessel or the pit - once they returned to it, he may drink and not prevent himself [from drinking], as this is their habitat. And it appears that there is not even [an issue] of 'you shall not be disgusting' with them. And that is [the meaning] of their saying, "and he may drink and not prevent himself." And it appears that the reason is because they found explicit permissibility from Scripture for them - as they, may their memory be blessed, expounded (Chullin 66b), "'In the seas and in the streams' - [is it] that what has [signs], you may eat; what does not have signs, you may not eat. But in vessels, and similar to vessels, whether they have or whether they do not have, it is permitted."