Keeping Kosher and COVID19

It would be scandalous to write a blog about medical Halacha during the coronavirus pandemic and not have anything to say about COVID19.  I have been trying to think of something to write that would add  something useful to the conversation, an angle that hasn't already been covered. 

Early on in this pandemic, an interesting discussion came to my attention regarding the origins of the coronavirus. It is assumed that this virus evolved in a species of bat that is indigenous to China. Partly because of the human consumption of bats in China, it was able to make an interspecies jump and infect humans. The "atalef" (Hebrew for "bat") is listed as one of the non kosher birds that is prohibited by the Torah for human consumption. If the kosher laws were kept, would we have had to suffer this terrible deadly pandemic? This discussion in the media (see here for example) renewed my interest in a topic of much deeper importance, which I hope to address in this new series in my blog.

As observant Jews, we must "keep kosher".  The laws of kosher include thousands of laws and customs with many varied origins.  Why do we need to observe these dietary rules? As we have seen in this blog before there are two very different schools of thought in Judaism which can both complement and clash with each other. These are the mystical and the rationalist schools.

The mystical stream tends to explain these religious rules by ascribing spiritual and unseen forces that make one action kosher and the other action not kosher.  This stream of thought is more likely to explain the reasons for the kosher laws by saying that we do it because God said so. The rationalist school is more likely to search for practical and physically meaningful lessons in the rules of kosher.  Surely God told us to keep these laws, but He wanted us to do it for a reason that we can and should understand.

I believe strongly that the recent sea change in Orthodoxy which has deeply emphasized the mystical way of thinking has done terrible damage to the purpose of keeping kosher.  I think we have lost our way because we have forgotten the point of keeping kosher.  While clearly the mystical ideas are important and have their place in our religion, the bottom line has been all but forgotten.

Rather than engage in polemics and arguments, I think we need need to get back to basics. In my usual style, I will begin by discussing the biblical origins of the laws of kosher.  Then we will analyze the Talmudic and rabbinic discussions and how they developed into what we call kosher today.  This will take a long series of posts. Then we can look back and see how different the world would be if only we remembered the rationalistic basis of what God really wants from us.

I was taught by the many great rabbis from whom I have learned over the years, that we never should be content learning a topic the same way we have studied it over the years.  We must always review a verse or a talmudic statement as if we are studying it for the first time. So even if you think you already know everything you need to know about kosher, I hope you can find something useful in going through this process together.  Only this way can we grow and change. I know that I once thought I knew everything too.

Kosher Species

Let's start with Leviticus chapter 11 which discusses the species of animals that are permitted to eat, and those that are prohibited.  For the majority of the discussion, the Torah lays out the rules, split hooves and chewing their cud for animals, fins and scales for fish, forbidden insects, forbidden birds.  Although the Torah repeats several times that these non kosher animals should be considered disgusting to you ("sheketz") the Torah is not clear about the reasoning behind it.  However, in verses 44 and 45, the Torah states emphatically why we should only consume the kosher animals:

(44) For I the LORD am your God: you shall sanctify yourselves and be holy, for I am holy. You shall not make yourselves unclean through any swarming thing that moves upon the earth.  (45) For I the LORD am He who brought you up from the land of Egypt to be your God: you shall be holy, for I am holy. 

So the reason why are commanded to eat only kosher species is to "sanctify ourselves and be holy". Although this may sound like it is only referring to insects, the following verses make it clear that this holiness is achieved by avoiding all non kosher categories of animals, as the verses continue:

(46) These are the instructions concerning animals, birds, all living creatures that move in water, and all creatures that swarm on earth, (47) for distinguishing between the unclean and the clean, between the living things that may be eaten and the living things that may not be eaten.  

So God does tell us very clearly the reason why we must keep kosher. We need to be "holy".  In Deuteronomy 14, the Torah again mentions the kosher species, and again it is in the context of "holiness", though this time said a little differently.

"(2) for you are a holy people to the LORD your God: the LORD your God chose you from among all other peoples on earth to be His treasured people. (3) You shall not eat anything abhorrent. (4)These are the animals that you may eat..."

Again, the Torah lists the species of animals that one may or may not eat. Again, the Torah makes it very clear that the reason for the kosher rules is because of "holiness".  So the Torah does clearly tell us the reason for the prohibitions against eating certain species. Holiness.  But we will have to define what this is. I am going to save that for a future post.  

 Proper Slaughter  

The next important kosher rule is related not to the species of animal in question, but to the method of slaughter.  Kosher slaughter is called "shechita" and is a method of slaughter described by the rabbis of the Talmud as a method which was taught by God to Moses and passed down through oral tradition.  The origin of this tradition is recorded in the Torah itself:

"If the place where the LORD has chosen to establish His name is too far from you, you may slaughter any of the cattle or sheep that the LORD gives you, as I have instructed you; and you may eat to your heart’s content in your settlements (Deutoronomy 12:21)"

So God tells us that He has instructed us how to slaughter an animal, and our tradition tells us what God's instructions were. We must use a sharp and smooth knife, and in one quick motion, we must sever the carotid arteries and trachea, quick and straightforward, with minimal pain and suffering.  However here the Torah does not explain the reasoning behind this commandment.  One does get the sense from the verse though, that God does not want us to randomly kill and slaughter animals for our own benefit.  If we need to do it, it is permitted, but it has to be done in a proper way.  As God has taught us.

 Blood

The next important rule of kosher eating is the prohibition against eating blood.  In this case the Torah does clearly explain the reasoning behind the prohibition:

(23) But make sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh. (24) You must not partake of it; you must pour it out on the ground like water: (25) you must not partake of it, in order that it may go well with you and with your descendants to come, for you will be doing what is right in the sight of the LORD.

Once you have chosen the proper kosher species of animal, and it is slaughtered properly, God still has more to ask of you.  You must remove the blood, because the blood is the "life" of the animal.  The Torah again states clearly the reasoning behind the prohibition against consuming blood.  The blood represents that this was once a living being, and by removing it we remember that we are consuming something that was once alive.  The specifics of how the blood is removed we learn from our tradition.

"Torn" Animals (Tereifah)

We are far from finished. We learned that animals must be properly slaughtered, but what about animals that have died through other natural means, not at the hands of human beings? The Torah teaches us about this as well:

"You shall be holy people to Me: you must not eat flesh torn by beasts in the field; you shall cast it to the dogs.(Exodus 23:30)"

Our tradition teaches us that animals "torn by beasts" includes all sick and injured animals that either have died of their injuries, or will inevitably die of their injuries or illnesses in the near future.  This is the origin of the rule that animals are not kosher to eat unless they are healthy and died only as a result of kosher slaughter.  An animal that died from some other cause, or would soon have died of some other cause is not considered fit for human consumption. This is why animals must be checked for injuries or diseases that could have potentially caused their demise in order for them to be rendered "kosher". Most importantly for our discussion, the Torah was again very clear about the reason for this prohibition. We are a "holy" people, and this practice is consistent with "holiness".

An Animal that Died Naturally (Nevelah)

Since we must properly slaughter an animal in order to eat it, we are prohibited from eating an animal that has died on its own, without proper slaughter.  However, if we own such an animal, the Torah directs us regarding what to do with it:

(21) You shall not eat anything that has died a natural death; give it to the stranger in your community to eat, or you may sell it to a foreigner for you are a holy people to the LORD your God.

Again, the Torah emphasizes the concept of holiness. This could mean one of two things from the context of the verse.  It could mean that we are prohibited from eating the animal because of holiness, or it could mean that we should give it to our neighbors due to holiness. The concept of holiness with regard to an animal that died without proper slaughter is repeated in the Torah in Exodus 22:30:

You shall be holy people to Me: you must not eat flesh torn by beasts in the field; you shall cast it to the dogs. 

Here again the concept of holiness is mentioned, and it could again mean two things.  You should be holy by not consuming meat that wasn't properly slaughtered, but you should also be holy by putting the meat to good use by giving it to animals to eat. I believe that the Torah is emphasizing both.  That although we must be holy by properly slaughtering animals that we eat, we should also be holy by making sure to properly use the meat of animals that we cannot consume by giving it to others.  These both constitute "holiness".  Like I said before, we will get back to this concept in detail later in the series.  

Gid HaNasheh (Displaced Nerve)

Even after we make sure that an animal is the right species, and it is healthy, and it is slaughtered in the appropriate way, and the blood is removed, there are still parts of the animal that are prohibited to eat.  These parts must be removed prior to consumption of the animal. Two primary categories of animal parts that may not be consumed are the "Gid Hanasheh" and the "Chelev". The Gid Hanasheh is the "displaced nerve" and its' origins are from this verse in Genesis 32:

(25) Jacob was left alone. And a man wrestled with him until the break of dawn. (26) When he saw that he had not prevailed against him, he wrenched Jacob’s hip at its socket, so that the socket of his hip was strained as he wrestled with him. ... (32) The sun rose upon him as he passed Penuel, limping on his hip. (33) That is why the children of Israel to this day do not eat the thigh muscle that is on the socket of the hip, since Jacob’s hip socket was wrenched at the thigh muscle.

Here the Torah is very explicit about the reason for this prohibition.  Out of respect for our patriarch, we have a custom to avoid this part of the animal.  This event with Jacob was the event that led to our people receiving our name Israel.  This name signified that our mission in this world is above that of the mission of the angels.  As its stated:

(23) Said he, “Your name shall no longer be Jacob, but Israel, for you have striven with beings divine and human, and have prevailed.”

It is important that we are reminded of this concept as we eat an animal that was once a living creature.  Even Jacob, whose mission is higher than that of the angels, is susceptible to becoming haughty. By being afflicted with a very human ailment, Jacob was reminded that although his mission was above that of the angels, he must always remain humble.  By reminding ourselves when we are eating an animal that we are also physical beings, susceptible to pain and injury, we keep ourselves humble as well, as we learned from our forefather Jacob.

Chelev (fats)

The second forbidden part of the animal is Chelev - the forbidden fats, the Torah is much less explicit regarding the reasoning behind this prohibition (Leviticus 7):

(23) Speak to the Israelite people thus: You shall eat no fat of ox or sheep or goat. (24) Fat from animals that died or were torn by beasts may be put to any use, but you must not eat it. (25) If anyone eats the fat of animals from which offerings by fire may be made to the LORD, the person who eats it shall be cut off from his kin.

Rabbinic tradition teaches us exactly which "fats" are considered prohibited to consume. However, here the Torah does not seem to mention the reasoning at all.  However, the Torah did leave some important hints in the context of these words.  These verses are juxtaposed in the middle of a discussion of the portions of sacrificial animals that are given to the priests or burnt upon the altar etc... This hints to us that the removal of certain portions of the animal may be to teach us that we should take part of the animal and give it away to others.  This is why the Torah tells us specifically that we can (and should) give these parts away for another constructive purpose, such as to feed our carniverous animals (cats or dogs for example) but not eat it ourselves.

Ever min Hachai (Flesh from a live animal)

Another prohibition is to remove a piece of a live animal to consume, known as "Ever Min Hachai".  In Genesis 9, God tells Noah:

(3) Every creature that lives shall be yours to eat; as with the green grasses, I give you all these. (4) You must not, however, eat flesh with its life-blood in it.

Once again,  the context gives us some important clues.  These verses are juxtaposed between the declaration that gives man responsibility for the well being of the creatures of the earth, as the entire world will be under the rule of human beings.  This verse is stated in such a way as to hint that although human beings have the power to kill and consume animals, there are limits to what they should do.  Respect for life in general is thus implied as the reasoning for this prohibition. We can kill for our needs, but we must also respect.  The following verse then continues to discuss respect for human life, continuing on the same theme. 

Basar B'Chalav (meat and milk)

Last but not least, there is the prohibition of eating milk and meat together.  This is definitely the most unusual in terms of how it is presented in the Torah.  In three seperate locations, Exodus 23:19, 34:26 and Deuteronomy 14:21, the Torah curiously states, seemingly out of context, the phrase:

You shall not boil a kid in its mother’s milk.

Tradition teaches us that this is referring to all milk and all meat, not just a kid in its' mother's milk.  The Torah does not state a reason here.  However, it is certainly quite clear from he way it is presented that the Torah was concerned about a demonstration of particular cruelty.  To cook a kid in its mother's milk would demonstrate a significant and horrifying lack of compassion. One gets the feeling that the Torah is trying to remind us that the relationship between an animal mother an its' offspring is something we should admire and respect.  Their love is real and meaningful, and although we may be permitted to eat these animals, we need to respect their lives and emotions as well.  

I have just presented the prohibitions and restrictions that pertain to the consumption of animals.  As I always do in this blog, I begin with a discussion of the Biblical origins, and discuss what we can learn from the verses of the Torah directly.  I will then begin to analyze the Talmudic understandings of the Torah, as these laws began to become codified and eventually develop into what we now know as the laws of kashrut.

What have we learned from the Torah so far? That there are many purposes to the laws of Kashrut, among them are:

1. To help us live as a holy people, Kashrut brings us to "holiness" (we will define this in future posts) (Kosher species)
2. You can't just slaughter an animal in any way you want, it needs to be done in the way God instructed (shechita)
3. Even when you eat meat, you have to recognize that there was once life here, which is why we cannot eat blood, which represents the "life" of the animal (Blood)
4. We must not eat animals that were unhealthy and were destined to die ("torn" animals)
5. When we do eat animals, we need to take some of the portions of the animal and give it away for some other use, in this way others benefit, not just our selfish selves (chelev)
6. When we eat animals, we also respect and remind ourselves of our own fragility and humility (Gid Haanasheh)
7. We must always give away a portion of what we eat to benefit others (Chelev)
8. We should not waste the animals that are not fit for Kosher consumption but we should give them to our gentile neighbors or to our animals for food (Nevelah)
9. We must respect the lives of the animals over which we have so much power and responsibility (Ever min Hachai)
10. We must respect the relationships and bonds between animals and their young and respect their emotions (Basar BeChalav)

What we have written so far was directly derived from the verses of the Torah, without too much interpretation on my part.  The Torah itself was quite clear.  We have a long way to go with this topic, but I think you can already get a sense of how important the laws of Kosher are, and how meaningful they can be when one pays attention to their purpose.  In the next post, I plan on discussing the kosher laws that pertain to fruits and vegetables.  We will then continue our analysis by discussing  the Talmud and beyond.