Comentário sobre Levítico 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.