(Devarim 14:11) "Every clean bird you may eat": Because it is written (Vayikra 14:4) "And the Cohein shall command, and he shall take for the one to be cleansed (from leprosy) two birds," I might think that just as the slaughtered bird is forbidden (to be eaten), so, the sent-away bird; it is, therefore, written "Every clean bird you may eat (including the sent-away bird).

— But perhaps, just as the sent-away bird is permitted, so, the slaughtered bird is permitted; it is, therefore, written (Devarim, Ibid. 12) "And this is what you may not eat of them" (including the slaughtered bird.)

(Ibid.) "the great vulture, the bearded vulture, and the osprey": R. Akiva says: It is written here "nesher" (great vulture), and, elsewhere (Vayikra 11:13) "nesher." Just as there, all relating to nesher, both feeding and eating, is forbidden, so, here.

R. Shimon says: It is written here (Devarim, Ibid. 13) "the ayah," and there (Vayikra, Ibid. 14) "the ayah." Just as here, "the ra'ah" is understood as a kind of ayah, so, there.

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.**²³⁵, per.5:4. “Any kind” (Dt.14:15)— including the starling.

footnotes: ²³⁵ //Sifra, shemini

{“The hawk” (Dt.14:15)— This is the common hawk}²³⁶ per.5:4.. Thus, when the verse specifies, “Any kind” (Dt.14:15)— it intends to include the ben horayah.²³⁷ per.5:5, Hammer identifies this as “another species of hawk” (H:443, pisqa’ 103, n.7).

footnotes: ²³⁶ F:162, b, 9 adds the bracketed material on the basis of Sifra, shemini ²³⁷ There are many versions of this name in mss and printed editions. See F:162, l.11. Based on Sifra, shemini,

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].**²³⁸ 100.1

footnotes: ²³⁸ Cf. Pisqa’

The signs of cattle and wild cattle are stated in the Torah, while the signs of [clean] birds are not stated.

every bird of prey is unclean,

“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.**²³⁹

footnotes: ²³⁹ //M. Hul..3:6

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.