Pisqa’ 103¹

1

“Any clean bird you may eat” (Dt.14:12)].

Inferring from what is stated

[regarding purification from scale-disease]:

“At the priest’s command,

the one being cleansed shall take two live, clean birds” (Lv.14:4)—

is it possible to say that

just as the slaughtered one,

[being a sacrifice,]

is prohibited [as food],

so, too, the one set free

[as part of the cleansing rite (Lv.14:7)]

should be prohibited [as food]?

The Teaching states:

“Any clean bird you may eat” (Dt.14:12)

[thus the bird set free may be eaten].

Or [perhaps the inference should be derived as follows]:

Just as the one set free is permitted [as food],

so, too, the slaughtered one should be permitted [as food]?

The Teaching states:

“’And these are the ones

from which you shall not eat” (Dt.14:12)

[including the one slaughtered for purification].²

2

“The eagle (nesher), the vulture (peres), and the black vulture (`ozniyah),

the buzzard (ra’ah), the falcon (‘ayah), and the kite,” (dayah),

and any kind of raven” (`oreiv; Dt.14:12-14).

R. Akiva says:

Here the verse specifies: “eagle” (Dt.14:12),

and elsewhere it specifies: “eagle” (Lv.11:13).

Just as with the eagle specified elsewhere,

the verse incorporates [into the same class of birds]

every kind mentioned with the eagle,

[and subjects all of them to the rules:]

do not feed them to others, and

do not eat them yourself,

so, too, the eagle specified here

incorporates every kind mentioned with the eagle

[into the class of birds governed by the rules:]

do not feed them to others, and

do not eat them yourself.

R. Shimon says:

Here the verse specifies: “falcon” (Dt.14:13),

and elsewhere it specifies “falcon” (Lv.11:14)—

just as the falcon specified here

incorporates the buzzard into the class of falcon,

so, too, the falcon specified elsewhere

incorporates the buzzard into the class of falcon

[such that both kinds of bird are unclean].

3

“Raven” (Dt.14:14)—

this refers to the giant raven.

“And any kind of raven” (Dt.14:15)—

including the valley raven and

the raven that flies before the doves.³

“Any kind” (Dt.14:15)—

including the starling.

{“The hawk” (Dt.14:15)—

This is the common hawk}⁴.

Thus, when the verse specifies,

“Any kind” (Dt.14:15)—

it intends to include the ben horayah.⁵

4

“The ostrich . . . the little owl . . .the pelican, the carrion vulture, and the cormorant” (Dt.14:15-17)—

this teaches that

[the species of] clean birds

out-number [those of] unclean birds,

for, in all cases,

Scripture enumerates the smaller

[category before enumerating the larger].⁶

The signs of cattle and wild cattle are stated in the Torah,

while the signs of [clean] birds are not stated.

The sages have taught:

every bird of prey is unclean,

as it is stated:

“The eagle” (Dt.14:12)—

just as the eagle clearly has neither

crop nor extra toe,

its craw cannot be peeled.

and it tramples while eating [its prey],

and is [therefore] unclean,

so, too, anything similar is prohibited,

while anything dis-similar is permitted.⁷

5

“Every clean flying thing you may eat” (Dt.14:20)—

this is a prescriptive commandment.

“But every flying swarming thing is unclean for you. Do not eat it!” (Dt.14:19)—

this is a proscriptive commandment.

R. Shimon says:

“Every clean flying thing you may eat” (Dt.14:20)—

referring to clean locusts.

“But every flying swarming thing is unclean for you. Do not eat it!” (Dt.14:19)—

referring to unclean locusts.

1. H:148-149; JN1:262-264.
2. Pisqa’ 103.1-2 seems to be a major reworking of Sifra, metzor`a, par. 1:12.
3. //Sifra, shemini, per.5:4.
4. F:162, b, 9 adds the bracketed material on the basis of Sifra, shemini per.5:4.
5. There are many versions of this name in mss and printed editions. See F:162, l.11. Based on Sifra, shemini, per.5:5, Hammer identifies this as “another species of hawk” (H:443, pisqa’ 103, n.7).
6. Cf. Pisqa’ 100.1
7. //M. Hul..3:6