Pisqa’ 103²³³

1. “Any clean bird you may eat” (Dt. 14:12)]. Inferring from what is stated

“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]?

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

footnotes: ²³³ H:148-149; JN1:262-264.

[thus the bird set free may be eaten].

Just as the one set free is permitted [as food], so, too, the slaughtered one should be permitted [as food]?

“’And these are the ones from which you shall not eat” (Dt. 14:12) **[including the one slaughtered for purification].²³⁴ 103.1-2 seems to be a major reworking of Sifra, metzora*, par. 1:12. 2. **“The eagle (*nesher*), the vulture (*peres*), and the black vulture (*ozniyah),

footnotes: ²³⁴ Pisqa’

the buzzard (ra’ah), the falcon (‘ayah), and the kite,” (dayah), and any kind of raven” (`oreiv; Dt. 14:12-14).

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.

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.**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.