The distinction between kosher and non-kosher animals

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You can now watch an abridged video version of these Torah thoughts on YouTube at: https://www.youtube.com/watch?v=0Dsk0h7HpCA

While the Torah does not generally provide reasons for the mitzvot, the Rambam (Maimonides) asserts that it is appropriate for a person to reflect on the Torah's laws and seek to understand their ultimate purpose, as much as possible (Hilkhot Me’ilah, 8). However, he also emphasizes the importance of observing the mitzvot even when their reasons are not immediately evident.

In this week’s Torah portion, Parashat Re’eh, we encounter a detailed distinction between permitted and forbidden animals—a topic first introduced in Leviticus 11. The question naturally arises: What is the rationale behind these dietary laws? Some commentators suggest that the prohibited animals may be unhealthy or unhygienic, although the Torah itself does not explicitly legislate for health or hygiene. Others propose that the prohibition stems from the association of these animals with surrounding cultures and pagan rituals. Since the section here begins with the statement: “you are a people consecrated to the Lord your God; the Lord your God chose you from among all other peoples on earth to be His treasured people” (Deuteronomy 14:2) it should not be surprising that the Torah would then proceed to list some of the laws that serve to distinguish the people of Israel from all other nations.

While this explanation is reasonable, I’d like to share another approach that is found among ancient (See Philo, The Special Laws IV; Mishnah Chulin 3:6), medieval (See Bahya and Abravanel on Leviticus 11:13) and modern commentaries (See https://www.thetorah.com/article/predators-are-prohibited-why-are-ducks-kosher and footnotes), because it helps shed light on the radical difference between the ethical foundations of our tradition and culture and that of those who perpetrated the brutal and horrific attack of October 7th.

According to this approach, the common denominator of all 3 categories of prohibited animals—land animals (quadrupeds), fish and birds—is that they are predatory carnivores. Thus, the Torah is concerned not only with our actions but also with the impact of what we consume. The message is clear: consuming animals associated with violence and cruelty can negatively influence our character and moral wellbeing.

This interpretation resonates strongly with the narrative in Genesis. Initially, God assigned a vegetarian diet to both humans and animals (Genesis 1:29-30). However, by the time of Noah, the world had become “corrupt” and was “filled with lawlessness” (Genesis 6:11) which, based on the context, most likely refers to acts of violence and murder (for more on this, see chapter 8 in my book bit.ly/In-the-Beginnings). Thus, when God re-created the world after the flood, and as a concession to the human impulse toward violence, He decided to permit the killing and consumption of animals while emphatically prohibiting the killing of other human beings. Our parasha is then coming to teach us that, although God permitted the consumption of animals, we should at least refrain from animals that are, themselves, violent in nature.

The desire for a world free of violence, where all of God’s creatures coexist peacefully, is beautifully expressed by the prophet Isaiah in his vision of the messianic future:

“The wolf shall dwell with the lamb; the leopard lie down with the kid; the calf, the beast of prey, and the fatling together, with a little child to herd them. The cow and the bear shall graze; their young shall lie down together; and the lion, like the ox, shall eat straw. A babe shall play over a viper’s hole, and an infant pass its hand over an adder’s den” (Isaiah 11).

Is it any wonder that a people steeped in such a tradition and culture would have difficulty anticipating or comprehending the kind of unspeakable violence and cruelty inflicted upon it by Hamas on October 7th?

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