Leviticus 11:16 - Unclean birds: Divine dietary boundaries.

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Hebrew Text

וְאֵת בַּת הַיַּעֲנָה וְאֶת־הַתַּחְמָס וְאֶת־הַשָּׁחַף וְאֶת־הַנֵּץ לְמִינֵהוּ׃

English Translation

and the owl, and the kestrel, and the gull, and the sparrow hawk after its kind.

Transliteration

Ve'et bat haya'ana ve'et-hatachmas ve'et-hashachaf ve'et-hanetz leminehu.

Hebrew Leining Text

וְאֵת֙ בַּ֣ת הַֽיַּעֲנָ֔ה וְאֶת־הַתַּחְמָ֖ס וְאֶת־הַשָּׁ֑חַף וְאֶת־הַנֵּ֖ץ לְמִינֵֽהוּ׃

Parasha Commentary

Explanation of the Verse

The verse lists several non-kosher birds that are forbidden for consumption according to the Torah (Vayikra 11:16, Devarim 14:15). The identification of these birds is discussed in the Talmud and later commentaries.

Identification of the Birds

בַּת הַיַּעֲנָה (Bat HaYa'anah) - Rashi (Chullin 63a) identifies this as the ostrich, based on its name's connection to "Ya'anah," meaning "to cry out," due to its mournful sound. The Rambam (Hilchot Ma'achalot Asurot 1:15) also follows this interpretation.
הַתַּחְמָס (Tachmas) - The Talmud (Chullin 63a) identifies this as a bird that behaves violently (from the root "to oppress"). Rashi explains it as a bird that steals eggs from other nests.
הַשָּׁחַף (Shachaf) - The Talmud (Chullin 63a) describes this as a bird that "scrapes" (from the root שָׁחַף) the water while flying. Rashi identifies it as a type of seagull.
הַנֵּץ (Netz) - This is identified as a hawk or falcon (Rashi, Chullin 63b), a bird of prey known for its swiftness (from the root נוּץ, "to dart").

Halachic Significance

The Torah prohibits these birds due to their predatory or scavenging nature, as derived from the Talmud (Chullin 59a). The Rambam (Hilchot Ma'achalot Asurot 1:15) rules that any bird exhibiting cruelty is forbidden, based on the traits of the listed species.

Midrashic Insight

The Midrash (Vayikra Rabbah 22:10) teaches that these birds symbolize negative traits—such as greed or cruelty—that a person should avoid. The prohibition serves as a moral lesson to distance oneself from such behaviors.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Chullin 63b

The verse is referenced in a discussion about the dietary laws, specifically concerning the identification and classification of unclean birds.

Frequently Asked Questions

Q: Why does the Torah list specific birds like the owl and hawk as non-kosher?
A: The Torah lists non-kosher birds to teach us which species are forbidden to eat according to Jewish law (Vayikra 11:13-19). Rashi explains that these birds are predatory or have cruel natures, and consuming them could negatively influence a person's character. The Talmud (Chullin 63b) gives signs to identify non-kosher birds.

Q: What is the significance of the phrase 'after its kind' in this verse?
A: The phrase 'after its kind' teaches that all varieties within these bird species are non-kosher. Rambam (Hilchot Ma'achalot Asurot 1:15) explains this includes all subspecies and variations of these birds. This principle helps determine the kosher status of birds not explicitly named in the Torah.

Q: How do we know which birds are kosher today if some names are unclear?
A: We rely on the mesorah (tradition) passed down through generations about which birds are kosher. The Talmud (Chullin 63b) gives identifying signs of kosher birds, such as having an extra toe or a crop. Only birds with a clear tradition of being eaten by Jewish communities are considered kosher today.

Q: What lesson can we learn from the Torah listing non-kosher birds?
A: The Midrash (Vayikra Rabbah 13:2) teaches that just as Hashem separates pure from impure animals, we must separate ourselves from negative influences. The Ramban explains that non-kosher birds represent cruel traits we should avoid, while kosher birds represent gentle traits we should emulate.