[From
the beginning of this mitzvah until
the words "However, this is not a proper explanation," the Rambam explains the mitzvah
according to an opinion he rejects. This mitzvah,
he later concludes, prohibits eating a water insect. When quoting such an
opinion, the Rambam usually hints at
the outset that he disagrees. Kapach (5731, note 88) suggests that this first
part was an early draft, and the Rambam
later changed his mind.]
The
179th prohibition is that we are forbidden from eating any insect whatsoever,
regardless of whether it flies (sheretz ha'of),
breeds in the water (sheretz hamayim)
or on land (sheretz ha'aretz).
The
source of this prohibition is G‑d's statement, "Do not make yourselves disgusting [by eating]
any small creature that breeds. Do not defile yourselves with them, because it
will make you spiritually insensitive."
This
constitutes a separate prohibition punishable by lashes, and resembles an issur kolel (inclusive prohibition).
Therefore, one who eats an insect which breeds on the ground (sheretz ha'aretz) receives two sets of
lashes: once for the prohibition, "Every small creature which breeds on land is
repulsive to you. It may not be eaten," and once for the prohibition, "Do not
make yourselves disgusting [by eating] any small creature that breeds."
Similarly, one who eats a flying insect (sheretz
ha'of) receives two sets of lashes: once for the prohibition, "All flying insects are unclean to you. They
may not be eaten," and once for the prohibition, "Do not make yourselves
disgusting [by eating] any small creature that breeds." And if one eats a
single insect which both flies and breeds on the ground, and therefore
qualifies both as a sheretz ha'of and
a sheretz ha'aretz, he receives four
sets of lashes. If this same insect also breeds in the water (sheretz hamayim), one would receive six
sets of lashes. The fifth set is because of the prohibition against eating a
non-kosher fish, regarding which it is written, "Do not eat from their flesh," and the sixth
set because of [this prohibition], "Do not make yourselves disgusting [by
eating] any small creature that breeds," since it also includes insects which
breed in water (sheretz hamayim) and
it is the only verse which prohibits such insects.
In
accordance with these principles, our Sages said in tractate Makos, "One who eats a potisa receives four sets of lashes; a n'mala — five sets; a tzira
— six sets." Every commentary on this passage — "One who eats a potisa..." — that I have heard or seen
explains it in this way.
However,
this is not a valid explanation, and requires one to contradict the proper
principles which are explained in the Talmud. This means as follows: If you
think into that which was written above, you will find that three sets of
lashes are given for the single prohibition, "Do not make yourselves disgusting
[by eating] any small creature that breeds." And this idea has no merit, as our
Sages have explained in tractate Chullin that one can never receive two sets of lashes
for a single prohibition. We have already mentioned and explained this
principle many times, and will bring other examples as well.
The
proper explanation, regarding which there is no doubt or objection, is that one
who eats a creature which qualifies as a sheretz
ha'of and a sheretz hamayim and a
sheretz ha'aretz receives only three
sets of lashes — once for the prohibition of sheretz ha'of [N175]; once for the prohibition of sheretz ha'aretz [N176]; and once
because of the statement, "Do not make yourselves disgusting," since insects
which breed in the water are also included in the phrase "any small creature" (kol hashoretz), and therefore in the
prohibition, "Do not make yourselves disgusting [by eating] any small creature
that breeds."
And
if one ate an insect which breeds only on the ground, he receives just one set
of lashes, for the prohibition of sheretz
ha'aretz. So too if it was [just] a flying insect, he receives only one set
of lashes — for sheretz ha'of. And if
it breeds only in the water, he receives just one set — because of the verse,
"Do not make yourselves disgusting [by eating] any small creature that breeds."
But just because this prohibition includes a sheretz ha'aretz, one cannot be lashed
twice for eating one. The reason is that even if there were a thousand
prohibitions — each one specifically prohibiting sheretz ha'aretz — one would still only be lashed once, since they
are merely repeating the same prohibition. Even if "Do not eat (lo soch'lu) a sheretz ha'aretz," "Do not eat (lo
yei'o'cheil) a sheretz ha'aretz" was repeated one
thousand times, only one set of lashes would be given.
Have
you seen those who propose this erroneous principle dictating two sets of
lashes for a person who wears shatnez,
since there are two prohibitions? I have not seen them say such a
thing, and they would consider it strange if anyone else did. But they somehow
do not find it strange when they rule that one who eats a sheretz ha'aretz or sheretz
ha'of receive two sets of lashes — once for the specific prohibition and
once for the prohibition, "Do not make yourselves disgusting [by eating] any
small creature that breeds." This is totally clear even to the deaf and dumb.
I
will now go back and complete the discussion begun previously. If a living creature developed inside any type
of seed or fruit, and then emerged to the surface, one who eats it receives one
set of lashes even though it never touched the ground. This is because it is covered by a separate
prohibition, as explained in the previous commandment [N178].
If
this creature reached the ground and crawled (romas) on it, one who ate it
would receive two sets of lashes — one for "Do not defile your souls [by
eating] any small creature that lives on land" [N178], and one for "Do not
defile your souls [by eating] any small creature that lives on land" [N177].
If
this creature was also capable of reproducing, one would receive three sets of
lashes — two as mentioned above, and a third for, "Every small creature which
breeds on land is repulsive to you. It may not be eaten" [N176].
If
it was also able to fly, one would receive a fourth set of lashes because of
the prohibition, "All flying insects are unclean to you. They may not be eaten"
[N175]. If it could swim as well as fly — as we see many such species — one
would receive a fifth set of lashes for the general prohibition which includes
a sheretz hamayim, "Do not make
yourselves disgusting [by eating] any small creature that breeds." If this same
creature which developed [from inside the food] was also a bird, one would
receive a sixth set of lashes, for, "These are the flying animals that you must
avoid. Do not eat..." [N174].
Do
not be surprised that a bird could develop from decayed fruit, since we often
see birds develop from decaying matter which are larger than a hazelnut. You should also not find it strange that the
same creature is considered a non-kosher bird and an insect (sheretz ha'of), since it can have the
characteristics of a bird and also display the actions and characteristics of
an insect. You see that all the early explanations include in the six sets of lashes the prohibitions
of non-kosher fish [N173] and sheretz
hamayim (water insects). This is reasonable and I don't disagree, since it
is possible for a creature to be both a fish and a sheretz hamayim.
Similarly,
the same creature can be both a bird and a sheretz
ha'of. This is the potisa, which
is a bird, a sheretz ha'of, a sheretz ha'aretz, and a sheretz hamayim, and one therefore
receives four sets of lashes for eating one. The n'mala referred to is one which flies, develops from decaying
fruit, and doesn't reproduce. For eating it one receives lashes for an insect
which came from food [N178], was shoretz
on land [N176], was romeis on land
[N177], a sheretz ha'of, and a sheretz hamayim. The tzira, which also develops from decayed
matter, has the additional quality of being both a
bird and a sheretz ha'of.
The
development of a tzira or n'mala or other flying or crawling
creature from decayed matter or from inside fruit only seems impossible to the
uneducated, who are ignorant in natural science. They think it impossible for anything to come
into existence except through male-female reproduction, since they see that
this is so in the majority of cases.
Remember
these principles and understand this subject well, since "Everything is explained in the proper way."
I've explained the ways in which to determine that eating one type of creature
is punishable by a certain number of sets of lashes, and another type by a
lesser number.
It
can be understood from the previous quotes that if one eats an entire creature,
we do not investigate its size and require a kezayis. Even eating a ba'utz is punishable by three sets of lashes — for sheretz hashoretz [N176], romeis [N177], and sheretz ha'of [N175].
Our
Sages also said, "One who holds himself in from defecating
transgresses the prohibition, 'Do not make yourselves disgusting.' "
Similarly, "One who drinks water from a karna
d'umna — which is a vessel used for bloodletting — transgresses the
prohibition, 'Do not make yourselves disgusting.' "
The same applies for eating filth or disgusting things or drinking anything
repulsive which most people find revolting — they are all prohibited. One does
not receive lashes for them, however, since the plain meaning of the verse
refers to insects. One is administered makos
mardus.
From
everything explained above about this verse, "Do not make yourselves
disgusting," we see that it comes to prohibit only a sheretz hamayim, which is not covered by any other prohibition. You
should understand this well.
