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Bechoros, 6

6b

QUESTION: The Gemara says that Rebbi Shimon derives from the word "Es" in the verse "Es ha'Gamal" (Vayikra 11:4) that the milk of Tamei animal is forbidden. The Rabanan, who derive this Halachah from a different source, maintain that we cannot derive Halachos from the word "Es" in the Torah. To demonstrate that there are those who expound the word "Es" and that there are those who do not, the Gemara cites a Beraisa which relates that Shimon ha'Amsoni (or, according to others, Nechemyah ha'Amsoni) used to expound every word "Es" that appears in the Torah as a Ribuy, adding something to the Halachah of the verse in which the word "Es" appears. When he arrived at the word "Es" in the verse, "Es Hashem Elokecha Tira" -- "You shall fear Hashem your G-d" (Devarim 6:13), he did not expound the word "Es." His students asked him, "Rebbi! What will be now with all of the words 'Es' that you heretofore expounded?" He replied, "Just as I received reward for expounding (Derishah), so, too, I received reward for ceasing to expound (Perishah)."

The Beraisa continues and says that the word "Es" in the verse was not expounded until Rebbi Akiva came and taught that the word "Es" in the verse, "Es Hashem Elokecha Tira," is a Ribuy to teach that one must revere Talmidei Chachamim.

From Shimon ha'Amsoni's statement, "k'Shem she'Kibalti" -- "just as I received," it is evident that he was giving equal importance to his refraining from expounding the word "Es" as he gave to his expounding of the word "Es." In what way was his refraining from expounding "Es" equal in importance to expounding it?

ANSWER: The MAHARSHA (Kidushin 57a) explains that the Derashah of each word "Es" that Shimon ha'Amsoni had made was for the sake of increasing the honor of Hashem ("Marbeh Kevod Shamayim"). His aim was to show how even the smallest word in the Torah has great meaning and importance and is not extra. His motive for refraining from the Derashah of "Es" in the verse of "Es Hashem Elokecha Tira" was the same: to increase the honor of Hashem. Since there is nothing else in the world that deserves the same Yir'ah that one must have for Hashem, refraining from adding something else was a way of showing the tremendous degree of Yir'as Hashem that a person must have, thus increasing the honor of Hashem.

In this light, the Maharsha explains the view of Rebbi Akiva as well. While he agrees that no creation in the world deserves the same degree of Yir'ah as Hashem, there is, however, a certain type of Yir'ah that is another way of showing honor to Hashem. When one reveres a Talmid Chacham, the reverence is being given to the Torah knowledge which he has attained. Such reverence is a form of giving honor to Hashem.

(The RASHBA in Kidushin (57a) says that even though Shimon ha'Amsoni agrees to Rebbi Akiva on this point, nevertheless the magnitude and degree of Yir'ah is still not the same, and therefore we cannot derive the obligation to have Yir'ah for Talmidei Chachamim from the verse of Yir'as Shamayim.) (See also Insights to Kidushin 57:1.)

QUESTION: The Mishnah (5b) states that everything that comes out of a non-Kosher animal is not Kosher and may not be eaten, and everything that comes out of a Kosher animal is Kosher.

The Gemara here says that the Rabanan derive from the repetition of the word "Gamal" (Vayikra 11:4 and Devarim 14:7) that not only is the meat of a camel forbidden, but also its milk is forbidden. Rebbi Shimon maintains that the prohibition to drink the milk of a camel is derived from the word "Es" in the verse "Es ha'Gamal" (Vayikra 11:4).

The Gemara asks that this implies that were it not for the Derashah of "Gamal, Gamal" according to the Rabanan, or "Es ha'Gamal" according to Rebbi Shimon, we would have thought that the milk of a non-Kosher animal is permitted. Why would we have thought such a thing? There is another verse, "ha'Teme'im" (Vayikra 11:31), that teaches that all of the fluids of a non-Kosher animal are also prohibited to eat!

The Gemara answers that since the Torah permits the milk that comes out of a Kosher animal, which should have been forbidden because of Dam or because of Ever Min ha'Chai, we might have thought that the Torah also permits the milk of a non-Kosher animal, making it an exception to all of the other things that come out of the animal. Therefore, we need an additional Derashah to teach that milk of a non-Kosher animal is forbidden.

The Gemara in Chulin (99b; see Insights there) teaches that the secretion of a forbidden fish is forbidden mid'Rabanan and not mid'Oraisa. Why is it forbidden only mid'Rabanan, if, as the Gemara here implies, everything that comes from a non-Kosher animal is Asur mid'Oraisa?

ANSWERS:

(a) The KEHILOS YAKOV (Avodah Zarah 20:2) suggests as follows. The word "ha'Teme'im" refers only to things which the Torah calls, "Tamei." In a number of place, the Torah refers to forbidden animals as "Tamei" (see, for example, Vayikra 11:7; see also ROSH to Avodah Zarah 2:42). The Torah even uses the word "Tamei" to refer to a Kosher animal that is not fit to be offered as a Korban (Vayikra 27:11; see Rashi there). Similarly, a Kosher animal that became a Tereifah is considered "Tamei," because it is unfit to be offered as a Korban. Accordingly, the secretions of such animals are forbidden mid'Oraisa. In contrast, the Torah never uses the word "Tamei" with reference to forbidden fish. Rather, the Torah calls them "Sheketz" (see Vayikra 11:10). Therefore, the word "ha'Teme'im" teaches only that the secretions of forbidden animals and insects are Asur mid'Oraisa, but not the secretions of forbidden fish. (The Kehilos Yakov points out that his approach is not consistent with the words of Tosfos in Chulin 99b.)

Similarly, the CHAVOS DA'AS (YD 81:1) writes that the principle that anything that comes out of a non-Kosher animal is not Kosher does not apply to non-Kosher fish. The Gemara in Chulin (99b) calls the brine of fish "Zei'ah b'Alma," it means that it is not included in the Isur of fluids that come out of forbidden animals.

(b) The CHIDUSHEI CHASAM SOFER answers that there is a natural, physical difference between the secretions of animals and the brine of fish. (Apparently, this difference is that the secretions that emerge from an animal are stronger and more similar to the animal itself, while the brine of a fish is weak and is not similar to the fish.) The word "ha'Teme'im" appears in the Torah at the end of the passage that enumerates the forbidden Sheratzim (creeping creatures) and animals, and appears considerable later in the passage than the prohibition against eating forbidden fish, and therefore it does not refer to fish. Since the Torah tells us that what comes out of the flesh of a forbidden species is forbidden, we may derive that what comes out of the flesh of forbidden meat of a Kosher species (such as Neveilah or Tereifah) is also forbidden. However, fish brine has a different nature, and therefore we cannot derive that it is forbidden from the fact that the secretions of forbidden animals are forbidden. (D. Bloom)

QUESTION: The Gemara explains why we would have thought that the milk of a non-Kosher animal is permitted if not for the Derashah of "Gamal, Gamal" according to the Rabanan, or "Es ha'Gamal" according to Rebbi Shimon. Since the Torah prohibits everything that comes from a live animal, and yet it permits milk, we might have thought that the Torah also permits the milk of a non-Kosher animal. Therefore, we need an additional Derashah to teach that milk of a non-Kosher animal is forbidden.

The Gemara goes on to teach a number of sources from which we learn that milk indeed is permitted even though it comes from a live animal.

It seems that we may make an interesting inference from the Gemara. The Gemara says that the reason why we would have prohibited milk is because it is considered Ever Min ha'Chai. The reason why milk is permitted is because of a special verse that permits it. We know that the Isur of Ever Min ha'Chai is one of the seven Mitzvos of Benei Noach. Accordingly, the Isur of Ever Min ha'Chai should prohibit Nochrim from drinking milk, since the verses that permit milk apply only to Jews! Why, then, is a Nochri permitted to consume milk products?

ANSWERS:

(a) The TESHUVOS CHASAM SOFER (YD 19) concludes that the allowance for Nochrim to consume milk products can be derived from the conduct of Avraham Avinu, who served milk and butter to his guests (Bereishis 18:8) whom he thought were Nochrim. Avraham Avinu certainly would not have served such foods to Nochrim if they are forbidden to eat them.

Similarly, the SHITAH MEKUBETZES (#2) says that we cannot prove from Avraham Avinu's conduct that milk is permitted to *Jews*, because Avraham was feeding the milk to Nochrim (or at least to whom he thought were Nochrim), and even though Nochrim have a prohibition of Ever Min ha'Chai, they never accepted upon themselves a prohibition against eating milk, as they did the other Mitzvos of Benei Noach (Bava Kama 38a).

However, TOSFOS in Chulin (64a) points out that eggs, too, come from a live animal and thus they need a special verse to permit them. The verse that permits eggs is the verse regarding Shilu'ach ha'Ken (Devarim 22:7) that tells us to send away the mother bird before taking the eggs for ourselves. However, this verse only permits eggs to Jews, but not to Nochrim who have no Mitzvah of Shilu'ach ha'Ken. The Chasam Sofer's source for the Heter for Nochrim to drink milk does not tell us anything about eggs, since Avraham Avinu did not serve eggs to his guests. How, then, do we know that Nochrim may eat eggs?

(b) TOSFOS in Chulin (33a, DH Echad) and others rule that it is not possible for something to be permitted to a Jew and forbidden to a Nochri. Accordingly, eggs -- which are permitted to a Jew -- must also be permitted to a Nochri. The same applies to milk. (This does not apply to eggs or milk from a Tereifah animal. According to Tosfos, since a Jew may not eat eggs or milk from a Tereifah animal, they should also be prohibited to a Nochri, since there is no source to permit them.)

However, the RAMBAM (Hilchos Melachim 9:13) rules that it is possible for something to be permitted to a Jew and forbidden to a Nochri. Accordingly, Nochrim should not be allowed to eat eggs.

The Chasam Sofer concludes that according to the Rambam a Nochri may not eat eggs, and a Jew may not offer him eggs because of "Lifnei Iver." According to Tosfos, one may not offer Tereifah eggs to a Nochri to eat.

However, one may sell eggs to a Nochri without specifying that they are for eating, because the Nochri might intend to use them for a purpose other than eating. In addition, it is easy to find eggs, and thus one does not transgress "Lifnei Iver" by giving them to a Nochri.

HALACHAH: Many Acharonim point out that there is no necessity to prove that milk and eggs are permitted to Nochrim. The KEREISI U'PLEISI (YD 81) points out that although something that comes from a live animal is prohibited, it is not prohibited because of the Isur of Ever Min ha'Chai per se. Rather, the prohibition is derived from a second verse that teaches that anything produced by a forbidden object is forbidden like the object itself. That second verse is addressed only to Jews, and not to Nochrim! Accordingly, a source to permit milk and eggs is necessary only to permit them for Jews. For Nochrim, there is no reason to prohibit them in the first place, because they are not included in the prohibition of Ever Min ha'Chai.

The REISHIS BIKURIM finds support for this reasoning in the words of the Shitah Mekubetzes (#2), who says that a Nochri would be allowed to drink milk even if milk had *not* been permitted to Jews, since the prohibition of milk is not included in any of the seven Mitzvos of Benei Noach.