Deuteronomy 14:12 - Forbidden birds: why?

Deuteronomy 14:12 - דברים 14:12

Hebrew Text

וְזֶה אֲשֶׁר לֹא־תֹאכְלוּ מֵהֶם הַנֶּשֶׁר וְהַפֶּרֶס וְהָעָזְנִיָּה׃

English Translation

But these are they of which you shall not eat: the griffon vulture, and the bearded vulture, and the black vulture,

Transliteration

Vezeh asher lo tochlu mehem hanesher vehaperes veha'ozniyah.

Hebrew Leining Text

וְזֶ֕ה אֲשֶׁ֥ר לֹֽא־תֹאכְל֖וּ מֵהֶ֑ם הַנֶּ֥שֶׁר וְהַפֶּ֖רֶס וְהָֽעׇזְנִיָּֽה׃

🎵 Listen to leining

Parasha Commentary

Overview of the Verse

The verse (Devarim 14:12) lists three types of non-kosher birds that are forbidden for consumption according to the Torah. These are the nesher (griffon vulture), peres (bearded vulture), and ozniyah (black vulture). The Torah provides a broader list of non-kosher birds in this section, emphasizing the importance of distinguishing between permitted and forbidden foods.

Rashi's Commentary

Rashi (Devarim 14:12) explains that the nesher is a bird of prey known for its strength and dominance, often associated with the eagle. He notes that the peres is a bird that "breaks" (from the root paras, meaning to break) bones to extract marrow, highlighting its violent nature. The ozniyah, according to Rashi, is a dark-colored bird, possibly named for its black appearance (oznayim can relate to darkness).

Halachic Significance

The Rambam (Hilchot Ma'achalot Asurot 1:14) clarifies that the Torah prohibits these birds due to their predatory nature, which reflects cruelty. The Gemara (Chullin 59a) establishes that birds of prey are generally non-kosher, as they lack the signs of kosher birds (such as an extra toe or a crop). The verse serves as a foundation for the broader halachic principle that birds exhibiting violent traits are forbidden.

Midrashic Insights

The Midrash (Sifrei Devarim 14:12) connects the prohibition of these birds to moral lessons. The nesher, for example, symbolizes arrogance, as it flies higher than other birds—teaching that arrogance is spiritually harmful. The peres's bone-breaking behavior serves as a warning against destructive tendencies, while the ozniyah's darkness alludes to hidden sins.

Practical Implications

  • Only birds with a mesorah (tradition) of being kosher may be eaten, as identifying kosher birds based solely on physical signs is unreliable (Shulchan Aruch, Yoreh De'ah 82).
  • The predatory nature of these birds reinforces the Torah's emphasis on compassion and distancing from cruelty (Sefer HaChinuch, Mitzvah 157).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Chullin 63a
The verse is referenced in a discussion about the laws of kosher and non-kosher birds, specifically regarding the identification of forbidden birds mentioned in the Torah.

Frequently Asked Questions

Q: Why does the Torah list specific birds we cannot eat?
A: The Torah lists non-kosher birds to teach us the importance of separating between permitted and forbidden foods. According to Rashi and Rambam, these birds are predators or scavengers, and consuming them could negatively influence our character traits (middot). The laws of kashrut elevate our eating into a spiritual act.
Q: How do we identify non-kosher birds today?
A: The Talmud (Chullin 59a-65a) explains that we rely on the mesorah (tradition) passed down through generations to identify non-kosher birds. Since the exact identities of some biblical birds are uncertain, we only eat birds with a clear tradition of being kosher, such as chicken, turkey, and certain ducks and geese.
Q: What is the significance of the vulture being listed first?
A: Rashi notes that the griffon vulture (nesher) is mentioned first because it was considered the 'king of birds' in its arrogance (based on its behavior described in Mishlei 30:17). The Torah begins with it to teach that even what appears mighty or majestic may be spiritually unfit for consumption.
Q: Do these laws apply to all Jews today?
A: Yes, these dietary laws are binding for all Jews according to Halacha (Jewish law). The Rambam (Hilchot Ma'achalot Asurot 1) emphasizes that the kosher laws are eternal commandments that help sanctify the Jewish people, separating us for divine service.
Q: What lesson can we learn from the prohibition on scavenger birds?
A: The Midrash (Vayikra Rabbah 13:2) teaches that just as these birds feed on carcasses and represent cruelty, we must distance ourselves from negative traits they symbolize. By avoiding them, we train ourselves to pursue kindness and ethical behavior in our own lives.