Halakhah su Levitico 11:39
וְכִ֤י יָמוּת֙ מִן־הַבְּהֵמָ֔ה אֲשֶׁר־הִ֥יא לָכֶ֖ם לְאָכְלָ֑ה הַנֹּגֵ֥עַ בְּנִבְלָתָ֖הּ יִטְמָ֥א עַד־הָעָֽרֶב׃
E se qualche bestia, di cui puoi mangiare, muore, chi tocca la sua carcassa sarà impuro fino alla sera.
Sefer HaChinukh
The commandment of the matter of the impurity of a carcass: That a carcass be impure and render impure, as it is stated (Leviticus 11:39), "And if a beast dies that is for you to eat, etc." Rambam, may his memory be blessed, wrote about this commandment (Sefer HaMitzvot LaRambam, Mitzvot Ase 96), and this is his language: "And I will mention to you here now a nice preface, that you should remember about all that we mention of the types of impurities. And it is that that which we count each and every type of the impurities as a positive commandment, its substance is not that we would be obligated to become impure with this impurity, and likewise not that we are prevented from becoming impure from it and that is should be a negative commandment. However since the Torah states that one who approaches this species is impure or that this thing becomes impure in this way by the one who approaches it, that is a positive commandment - meaning to say that this law that we are commanded about is a commandment. And that [commandment] is that which we said, that the one who approaches such in this way becomes impure, and the one in that way does not become impure. And as to one becoming impure, himself, the option is in the hand of each man: As if he wants, he becomes impure; and if he wants, he does not become impure. And the language of Sifra, Shemini, Chapter 4:10 is '"And their carcass you shall not touch" - it is possible that if one touched a carcass he receives forty stripes; [hence] we learn to say "and to these you shall become impure" (Leviticus 11:24). It is possible that if one saw a carcass, he should go and become impure from it; [hence] we learn to say "their carcass you shall not touch." How is this? I would say [it is an] option.' And the commandment is that which is said to us about these laws - that the one who approaches this becomes impure and will be impure; and he will be obligated that which the impure are obligated - to go out of the encampment of the Divine Presence and not to eat from the holy, and not come close to it and other than this. And that is the commandment, meaning to say his being impure with this species, when he approaches it or be with it in this manner. And remember this matter with each and every type of impurity." To here is his language. And with all of this, it does not sit well with the heart for us to think of this matter as a commandment. And nonetheless we shall not veer from the path of our rabbi in our tally to the right or the left, as we set out at the beginning.
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