Basic Laws of Kosher and its Sources

Introduction

Kashrut is the body of Jewish law dealing with what foods can and cannot be eaten and how those foods must be prepared. The word "Kashrut" comes from the Hebrew meaning fit, proper or correct.

The word "kosher," which describes food that meets the standards of kashrut, is also often used to describe ritual objects that are made in accordance with Jewish law and are fit for ritual use. Food that is not kosher is referred to as treif.

Kosher is not a style of cooking and therefore there is no such thing as "kosher-style" food. Any kind of food - Chinese, Mexican, Indian, etc. - can be kosher if it is prepared in accordance with Jewish law. At the same time, traditional Jewish foods like knishes, bagels, blintzes and matzah ball soup can all be treif if not prepared in accordance with Jewish law.

Reason for laws of Kosher

Many modern Jews think that the laws of kashrut are simply primitive health regulations that have become obsolete with modern methods of food preparation. There is no question that some of the dietary laws have beneficial health effects. For example, the laws regarding kosher slaughter are so sanitary that kosher butchers and slaughterhouses are often exempted from USDA regulations.

However, health is not the main reason for Jewish dietary laws and in fact many of the laws of kashrut have no known connection with health. To the best of our modern scientific knowledge, there is no reason why camel or rabbit meat (both treif) is any less healthy than cow or goat meat.

Our sages also point out the various advantages of the kosher laws: the health benefits, the humane treatment of animals, their unifying effect on a dispersed people, and their role as shield against assimilation. Additionally, Nachmanides, the great 12th century sage and kabbalist, points out that “the birds and many of the mammals forbidden by the Torah are predators, while the permitted animals are not; we are instructed not to eat those animals, so that we should not absorb these qualities into ourselves.” Kashrut (kosher laws) can thus be seen as “spiritual nutrition.” Just as there are foods that are good for the body and foods that are harmful, there are foods that nourish the Jewish soul and foods that affect it adversely.

None of the above, however, is the reason we keep kosher. Rather, the short answer to why we keep kosher is because it is the will of the Creator.

Talmud

תָּנוּ רַבָּנַן אֶת מִשְׁפָּטַי תַּעֲשׂוּ דְּבָרִים שֶׁאִלְמָלֵא (לֹא) נִכְתְּבוּ דִּין הוּא שֶׁיִּכָּתְבוּ וְאֵלּוּ הֵן עֲבוֹדָה זָרָה וְגִלּוּי עֲרָיוֹת וּשְׁפִיכוּת דָּמִים וְגָזֵל וּבִרְכַּת הַשֵּׁם אֶת חוּקּוֹתַי תִּשְׁמְרוּ דְּבָרִים שֶׁהַשָּׂטָן מֵשִׁיב עֲלֵיהֶן וְאֵלּוּ הֵן אֲכִילַת חֲזִיר וּלְבִישַׁת שַׁעַטְנֵז וַחֲלִיצַת יְבָמָה וְטׇהֳרַת מְצוֹרָע וְשָׂעִיר הַמִּשְׁתַּלֵּחַ וְשֶׁמָּא תֹּאמַר מַעֲשֵׂה תוֹהוּ הֵם תַּלְמוּד לוֹמַר אֲנִי ה׳ אֲנִי ה׳ חֲקַקְתִּיו וְאֵין לְךָ רְשׁוּת לְהַרְהֵר בָּהֶן

The Sages taught with regard to the verse: “You shall do My ordinances, and you shall keep My statutes to follow them, I am the Lord your God” (Leviticus 18:4), that the phrase: My ordinances, is a reference to matters that, even had they not been written, it would have been logical that they be written. They are the prohibitions against idol worship, prohibited sexual relations, bloodshed, theft, and blessing God, a euphemism for cursing the Name of God. The phrase: And you shall keep my statutes, is a reference to matters that Satan and the nations of the world challenge because the reason for these mitzvot are not known. They are: The prohibitions against eating pork... And lest you say these have no reason and are meaningless acts, therefore the verse states: “I am the Lord” (Leviticus 18:4), to indicate: I am the Lord, I decreed these statutes and you have no right to doubt them.

RABBI RUTH H SOHN

...Traditional and modern commentators have offered various explanations as to why particular fish, poultry, and animals are considered tahor (“ritually pure”) and therefore acceptable to eat. But perhaps more important than the meaning of each of the details of the prohibitions is the simple fact that we are given a list of dos and don’ts that govern what we are to consume daily. According to the Torah, God asks that we abstain from eating certain foods, not because they are unhealthy or intrinsically problematic, but simply as an expression of our devotion. As with other chukim (laws that the sages define as being without rational explanation), these prohibitions are like the requests of a beloved: we may not understand them, but we are, in essence, asked to follow them purely as an expression of our love. Daily, the observance of kashrut calls us back to a personal relationship with God.

Origin and History of Kosher

The kosher laws were commanded by G‑d to the children of Israel in the Sinai Desert. Moses taught them to the people and wrote the basics of these laws in Leviticus 11 and Deuteronomy 14. The details were handed down through the generations and eventually written down in the Mishnah and Talmud. Various ordinances were enacted through the generations by the rabbinical authorities as safeguards for these biblical laws.

Throughout our 4,000-year history, the observance of kosher has been a hallmark of Jewish identity. Perhaps more than any other mitzvah, the kosher laws emphasize that Judaism is much more than a religion in the conventional sense of the word. To the Jew, holiness is not confined to holy places and times outside the everyday; rather, life in its totality is a sacred endeavor. Even the seemingly mundane activity of eating is a G‑dly act and a uniquely Jewish experience.

The Fundamental Rules of Kashrut

Although the details of kashrut are extensive, the laws all derive from a few fairly simple, straightforward rules:

  1. Certain animals may not be eaten at all. This restriction includes the flesh, organs, eggs and milk of the forbidden animals.

  2. Of the animals that may be eaten, the birds and mammals must be killed in accordance with Jewish law.

  3. Meat (the flesh of birds and mammals) cannot be eaten with dairy. Fish, eggs, fruits, vegetables and grains can be eaten with either meat or dairy.

1. Animals That Cannot be Eaten

Of the "beasts of the earth", you may eat any animal that has cloven hooves and chews its cud. Lev. 11:3; Deut. 14:6. Any land mammal that does not have both of these qualities is forbidden. The Torah specifies that the camel, the rock badger, the hare and the pig are not kosher because each lacks one of these two qualifications. Sheep, cattle, goats and deer are kosher.

Of the things that are in the waters, you may eat anything that has fins and scales. Lev. 11:9; Deut. 14:9. Thus, shellfish such as lobsters, oysters, shrimp, clams and crabs are all forbidden. Fish like tuna, carp, salmon and herring are all permitted.

For birds, the criteria is less clear. The Torah lists forbidden birds Lev. 11:13-19; Deut. 14:11-18, but does not specify why these particular birds are forbidden. All of the birds on the list are birds of prey or scavengers, thus the rabbis inferred that this was the basis for the distinction. Other birds are permitted, such as chicken, geese, ducks and turkeys.

(א) וַיְדַבֵּ֧ר יְהֹוָ֛ה אֶל־מֹשֶׁ֥ה וְאֶֽל־אַהֲרֹ֖ן לֵאמֹ֥ר אֲלֵהֶֽם׃ (ב) דַּבְּר֛וּ אֶל־בְּנֵ֥י יִשְׂרָאֵ֖ל לֵאמֹ֑ר זֹ֤את הַֽחַיָּה֙ אֲשֶׁ֣ר תֹּאכְל֔וּ מִכׇּל־הַבְּהֵמָ֖ה אֲשֶׁ֥ר עַל־הָאָֽרֶץ׃ (ג) כֹּ֣ל ׀ מַפְרֶ֣סֶת פַּרְסָ֗ה וְשֹׁסַ֤עַת שֶׁ֙סַע֙ פְּרָסֹ֔ת מַעֲלַ֥ת גֵּרָ֖ה בַּבְּהֵמָ֑ה אֹתָ֖הּ תֹּאכֵֽלוּ׃ (ד) אַ֤ךְ אֶת־זֶה֙ לֹ֣א תֹֽאכְל֔וּ מִֽמַּעֲלֵי֙ הַגֵּרָ֔ה וּמִמַּפְרִסֵ֖י הַפַּרְסָ֑ה אֶֽת־הַ֠גָּמָ֠ל כִּֽי־מַעֲלֵ֨ה גֵרָ֜ה ה֗וּא וּפַרְסָה֙ אֵינֶ֣נּוּ מַפְרִ֔יס טָמֵ֥א ה֖וּא לָכֶֽם׃ (ה) וְאֶת־הַשָּׁפָ֗ן כִּֽי־מַעֲלֵ֤ה גֵרָה֙ ה֔וּא וּפַרְסָ֖ה לֹ֣א יַפְרִ֑יס טָמֵ֥א ה֖וּא לָכֶֽם׃ (ו) וְאֶת־הָאַרְנֶ֗בֶת כִּֽי־מַעֲלַ֤ת גֵּרָה֙ הִ֔וא וּפַרְסָ֖ה לֹ֣א הִפְרִ֑יסָה טְמֵאָ֥ה הִ֖וא לָכֶֽם׃ (ז) וְאֶת־הַ֠חֲזִ֠יר כִּֽי־מַפְרִ֨יס פַּרְסָ֜ה ה֗וּא וְשֹׁסַ֥ע שֶׁ֙סַע֙ פַּרְסָ֔ה וְה֖וּא גֵּרָ֣ה לֹֽא־יִגָּ֑ר טָמֵ֥א ה֖וּא לָכֶֽם׃ (ח) מִבְּשָׂרָם֙ לֹ֣א תֹאכֵ֔לוּ וּבְנִבְלָתָ֖ם לֹ֣א תִגָּ֑עוּ טְמֵאִ֥ים הֵ֖ם לָכֶֽם׃

(1) יהוה spoke to Moses and Aaron, saying to them: (2) Speak to the Israelite people thus: These are the creatures that you may eat from among all the land animals: (3) any animal that has true hoofs, with clefts through the hoofs, and that chews the cud—such you may eat. (4) The following, however, of those that either chew the cud or have true hoofs, you shall not eat: the camel—although it chews the cud, it has no true hoofs: it is impure for you; (5) the daman—although it chews the cud, it has no true hoofs: it is impure for you; (6) the hare—although it chews the cud, it has no true hoofs: it is impure for you; (7) and the swine—although it has true hoofs, with the hoofs cleft through, it does not chew the cud: it is impure for you. (8) You shall not eat of their flesh or touch their carcasses; they are impure for you.

(ט) אֶת־זֶה֙ תֹּֽאכְל֔וּ מִכֹּ֖ל אֲשֶׁ֣ר בַּמָּ֑יִם כֹּ֧ל אֲשֶׁר־ל֛וֹ סְנַפִּ֥יר וְקַשְׂקֶ֖שֶׂת תֹּאכֵֽלוּ׃ (י) וְכֹ֨ל אֲשֶׁ֧ר אֵֽין־ל֛וֹ סְנַפִּ֥יר וְקַשְׂקֶ֖שֶׂת לֹ֣א תֹאכֵ֑לוּ טָמֵ֥א ה֖וּא לָכֶֽם׃ {ס}

(9) These you may eat of all that live in water: you may eat anything that has fins and scales. (10) But you may not eat anything that has no fins and scales: it is impure for you.
(יא) כׇּל־צִפּ֥וֹר טְהֹרָ֖ה תֹּאכֵֽלוּ׃ (יב) וְזֶ֕ה אֲשֶׁ֥ר לֹֽא־תֹאכְל֖וּ מֵהֶ֑ם הַנֶּ֥שֶׁר וְהַפֶּ֖רֶס וְהָֽעׇזְנִיָּֽה׃ (יג) וְהָרָאָה֙ וְאֶת־הָ֣אַיָּ֔ה וְהַדַּיָּ֖ה לְמִינָֽהּ׃ (יד) וְאֵ֥ת כׇּל־עֹרֵ֖ב לְמִינֽוֹ׃ (טו) וְאֵת֙ בַּ֣ת הַֽיַּעֲנָ֔ה וְאֶת־הַתַּחְמָ֖ס וְאֶת־הַשָּׁ֑חַף וְאֶת־הַנֵּ֖ץ לְמִינֵֽהוּ׃ (טז) אֶת־הַכּ֥וֹס וְאֶת־הַיַּנְשׁ֖וּף וְהַתִּנְשָֽׁמֶת׃ (יז) וְהַקָּאָ֥ת וְאֶֽת־הָרָחָ֖מָה וְאֶת־הַשָּׁלָֽךְ׃ (יח) וְהַ֣חֲסִידָ֔ה וְהָאֲנָפָ֖ה לְמִינָ֑הּ וְהַדּוּכִיפַ֖ת וְהָעֲטַלֵּֽף׃ (יט) וְכֹל֙ שֶׁ֣רֶץ הָע֔וֹף טָמֵ֥א ה֖וּא לָכֶ֑ם לֹ֖א יֵאָכֵֽלוּ׃ (כ) כׇּל־ע֥וֹף טָה֖וֹר תֹּאכֵֽלוּ׃
(11) You may eat any pure bird. (12) The following you may not eat: the eagle, the vulture, and the black vulture; (13) the kite, the falcon, and the buzzard of any variety; (14) every variety of raven; (15) the ostrich, the nighthawk, the sea gull, and the hawk of any variety; (16) the little owl, the great owl, and the white owl; (17) the pelican, the bustard, and the cormorant; (18) the stork, any variety of heron, the hoopoe, and the bat. (19) All winged swarming things are impure for you: they may not be eaten. (20) You may eat only pure winged creatures.

2. Kosher Slaughter (Shechitah)

The mammals and birds that may be eaten must be slaughtered in accordance with Jewish law. Deut. 12:21. We may not eat animals that died of natural causes Deut. 14:21 or that were killed by other animals. In addition, the animal must have no disease or flaws in the organs at the time of slaughter. These restrictions do not apply to fish; only to the flocks and herds Num. 11:22.

After the slaughtering, the internal organs of cattle are examined for potentially fatal diseases or injuries, such as adhesions (sirchot) in the lungs or holes in the stomach. The occurrence of any one of dozens of specified tereifot, as these defects are called, renders the entire animal not kosher.

[Glatt Kosher:
Though not all adhesions render an animal non-kosher, some Jewish communities or individuals only eat meat of an animal that has been found to be free of all adhesions on its lungs. “Glatt” literally means “smooth”, indicating that the meat comes from an animal whose lungs have been found to be free of all adhesions. Recently, the term “glatt kosher” is increasingly used more broadly as a generic phrase, implying that the product is kosher without question.]

(כא) לֹ֣א תֹאכְל֣וּ כׇל־נְ֠בֵלָ֠ה לַגֵּ֨ר אֲשֶׁר־בִּשְׁעָרֶ֜יךָ תִּתְּנֶ֣נָּה וַאֲכָלָ֗הּ א֤וֹ מָכֹר֙ לְנׇכְרִ֔י כִּ֣י עַ֤ם קָדוֹשׁ֙ אַתָּ֔ה לַיהֹוָ֖ה אֱלֹהֶ֑יךָ לֹֽא־תְבַשֵּׁ֥ל גְּדִ֖י בַּחֲלֵ֥ב אִמּֽוֹ׃ {פ}
(21) You shall not eat anything that has died a natural death; give it to the stranger in your community to eat, or you may sell it to a foreigner. For you are a people consecrated to your God יהוה. You shall not boil a kid in its mother’s milk.
כִּֽי־יִרְחַ֨ק מִמְּךָ֜ הַמָּק֗וֹם אֲשֶׁ֨ר יִבְחַ֜ר יְהֹוָ֣ה אֱלֹהֶ֘יךָ֮ לָשׂ֣וּם שְׁמ֣וֹ שָׁם֒ וְזָבַחְתָּ֞ מִבְּקָרְךָ֣ וּמִצֹּֽאנְךָ֗ אֲשֶׁ֨ר נָתַ֤ן יְהֹוָה֙ לְךָ֔ כַּאֲשֶׁ֖ר צִוִּיתִ֑ךָ וְאָֽכַלְתָּ֙ בִּשְׁעָרֶ֔יךָ בְּכֹ֖ל אַוַּ֥ת נַפְשֶֽׁךָ׃

If the place be distant from you in which the L-rd your G-d shall choose to place His name, [and you will not be able to come and bring peace-offerings every day, as you can now that the mishkan travels with you], then you shall slaughter of your herd and of your flock that the L-rd has given you, as He commanded you [(whence it is seen that there is a command as to the proper procedure for slaughtering, these being the laws of shechitah as stated to Moses on Sinai)], and you shall eat in your gates with all the desire of your soul.

3. Separation of Meat & Dairy

On three separate occasions, the Torah tells us not to "boil a kid in its mother's milk." Ex. 23:19; Ex. 34:26; Deut. 14:21. The Oral Torah Tradtion explains that this passage prohibits eating meat and dairy together. The rabbis extended this prohibition to include not eating milk and poultry together.

Maimonides

(ב) לֹא שָׁתַק הַכָּתוּב מִלֶּאֱסֹר הָאֲכִילָה אֶלָּא מִפְּנֵי שֶׁאָסַר הַבִּשּׁוּל כְּלוֹמַר וַאֲפִלּוּ בִּשּׁוּלוֹ אָסוּר וְאֵין צָרִיךְ לוֹמַר אֲכִילָתוֹ. כְּמוֹ שֶׁשָּׁתַק מִלֶּאֱסֹר הַבַּת מֵאַחַר שֶׁאָסַר בַּת הַבַּת:

(2) The Torah remained silent concerning the prohibition against partaking [of meat and milk] only because it forbade cooking them. This is as if to say: Even cooking it is forbidden, how much more so partaking of it. [To cite a parallel:] The Torah did not mention the prohibition against relations with one's daughter, because it forbade those with the daughter of one's daughter.

(ג) אֵין אָסוּר מִן הַתּוֹרָה אֶלָּא בְּשַׂר בְּהֵמָה טְהוֹרָה בַּחֲלֵב בְּהֵמָה טְהוֹרָה שֶׁנֶּאֱמַר (שמות כג יט) (שמות לד כו) (דברים יד כא) "לֹא תְבַשֵּׁל גְּדִי בַּחֲלֵב אִמּוֹ". וּגְדִי הוּא כּוֹלֵל וְלַד הַשּׁוֹר וְלַד הַשֶּׂה וְלַד הָעֵז עַד שֶׁיִּפְרֹט וְיֹאמַר גְּדִי עִזִּים וְלֹא נֶאֱמַר גְּדִי בַּחֲלֵב אִמּוֹ אֶלָּא שֶׁדִּבֵּר הַכָּתוּב בַּהוֹוֶה.

(3) According to Scriptural Law, the prohibition involves only [a mixture of] meat from a kosher domesticated animal and milk from a kosher domesticated animal, as implied by the verse: "Do not cook a kid in its mother's milk." The term "a kid" includes the offspring of an ox, the offspring of a sheep, and the offspring of a goat unless the verse states explicitly, a goat-kid. The term "a kid in its mother's milk" [does not exclude all other situations]. Instead, the Torah is speaking regarding the commonplace circumstance.

(ד) וְכֵן בְּשַׂר חַיָּה וְעוֹף בֵּין בַּחֲלֵב חַיָּה בֵּין בַּחֲלֵב בְּהֵמָה אֵינוֹ אָסוּר בַּאֲכִילָה מִן הַתּוֹרָה לְפִיכָךְ מֻתָּר לְבַשְּׁלוֹ וּמֻתָּר בַּהֲנָיָה. וְאָסוּר בַּאֲכִילָה מִדִּבְרֵי סוֹפְרִים כְּדֵי שֶׁלֹּא יִפְשְׁעוּ הָעָם וְיָבוֹאוּ לִידֵי אִסּוּר בָּשָׂר בְּחָלָב שֶׁל תּוֹרָה וְיֹאכְלוּ בְּשַׂר בְּהֵמָה טְהוֹרָה בַּחֲלֵב בְּהֵמָה טְהוֹרָה. שֶׁהֲרֵי אֵין מַשְׁמַע הַכָּתוּב אֶלָּא גְּדִי בַּחֲלֵב אִמּוֹ מַמָּשׁ. לְפִיכָךְ אָסְרוּ כָּל בָּשָׂר בְּחָלָב:

(4) The meat of a wild beast and the meat of a fowl together with the milk of a wild beast or the milk of a domesticated animal is not forbidden according to Scriptural Law. Therefore it is permitted to cook it and it is permitted to benefit from it. It is forbidden to partake of it according to Rabbinic Law so that people at large will not be negligent and come to violate the Scriptural prohibition against milk and meat and partake of the meat of a kosher domesticated animal [cooked] in the milk of a kosher domesticated animal. For the literal meaning of the verse implies only the meat of a kid in the milk of its actual mother. Therefore, they forbade all meat in milk.

(ה) דָּגִים וַחֲגָבִים מֻתָּר לְאָכְלָן בְּחָלָב.

(5) It is permitted to partake of fish [cooked] in milk.