Do not eat a non-Kosher animal
Verse: את זה [לא] תאכלו
Command: Do not eat a non-Kosher animal
Devarim 14:7
SMG
Since the Torah states [see positive Mitzva 59] [the details as to what constitutes a Kosher animal] מפרסת פרסה ושוסעת שסע – split hooves, and מעלת גרה – chews it cud: I hear that anything which does not chew its cud and [does not] have split hooves may not be eaten. And a prohibition derived from a positive command is a positive command. And, when it comes to the camel, the hare, the hyrax and the pig, it says in the verse[i] את זה לא תאכלו ממעלי הגרה וממפריסי הפרסה etc. – which teaches us that there is a negative prohibition against eating these animals, even though they do have one of the signs. And certainly, those which have none of the signs are prohibited from being eaten by this negative Mitzva which prohibition is in addition to that which is derived from the positive Mitzva. The measurement of how much is eaten at which point punishment is assessed is that of an olive’s worth. As for a human, even though the verse[ii] states ויהי האדם לנפש חיה – and mankind became a living creature is not included in types of animals with hooves[1] and therefore, one who eats from its flesh [one who eats human flesh] whether the person is still alive or dead, is not lashed [for violating this Mitzva]. But it is forbidden as a component of the positive Mitzva, since the Torah explicitly identifies seven (7) different types of living animals, about which the verse[iii] states זאת החיה אשר תאכלו – these are the animals which you may eat. But anything which is not included in those [in that listing] may not be eaten. And a negative prohibition derived from a positive Mitzva is a positive Mitzva.
Accordingly,[iv] what we learnt in Toras Kohanim from the phrase used in the Torah טמא הוא – it is Tamay, and not the blood, milk, or meat of those who walk on two legs – as they are Tahor… That is not a single categorization. As the milk [of a human] has been explained in the Gemara[v] that there is no command to even separate from it. Similarly, blood and milk are not part of the same category as the Gemara states there that the opposite applies to blood – which, when found on bread[2], it must be ground off [of the bread – it may not be eaten]. [On the other hand, blood] in between the teeth can be swallowed.
[1] Meaning, the presence of split hooves only serves as a marker for those creatures which include both those with hooves and those without. Since humans do not have hooves at all – whether split or otherwise – therefore, they are not part of the category for which there is a requirement to have split hooves before they can be deemed Kosher.
[2] Presumably from a cut on the baker’s hand.
[i] Devarim 14:7
[ii] Beraishis 2:7
[iii] Vayikra 11:2
[iv] See Tosefos יכול Gem. Kesuvos 60a
[v] Gem. Kesuvos 60a
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