Misva #156: To Not Eat Impure Fish The Torah in Parashat Shemini (Vayikra 11:11) forbids eating fish belonging to a non-kosher species. As discussed in an earlier Misva, a fish is considered kosher if it has fins and scales; otherwise, it is not kosher and forbidden for consumption. One who eats a Ke’zayit of flesh from a non-kosher species of fish is liable to Malkut. This command is binding in all times and in all places, and upon both males and females. Misva #157: To Not Eat Impure Fowl The Torah in Parashat Shemini (11:13) introduces the command forbidding the consumption of non-kosher species of birds. The reason behind this command, of course, is the same as the reason for the Torah’s other dietary restrictions. As the Sefer Ha’hinuch explains, G-d knows that certain foods are harmful to either our body or our souls, and so He commanded us to refrain from certain foods for our own benefit, in order to preserve our physical and spiritual wellbeing. The Torah does not specify the properties which signify a bird’s kosher or non-kosher status, as it does for animals and fish. It lists twenty-four species of birds which are forbidden, making it clear that all other species may be eaten, but it gives us only the names of the species, and the identity of some of these species cannot be definitively ascertained. The Rabbis, through oral tradition, presented a number of guidelines for determining the kosher status of different species of birds. First, any “Dores” – “bird of prey” – is forbidden for consumption. This refers to any bird that thrusts its claws into another bird to kill it. If a bird is not a bird of prey, then it is kosher if it features all of the following three properties: one of its fingers is longer than the others; it has a crop (part of the stomach), and its Kurkuban (gizzard) is shaped in a certain way (“Niklaf”). The Sefer Ha’hinuch writes that even if a bird which is not predatory has just one of these three properties, it may be presumed kosher. He explains that the only non-kosher bird which is not predatory and has just one of these properties is the Oreb (raven), which is a widely recognized species. Hence, if one encounters a different species that is not predatory and has just one of these three properties, it can be presumed kosher. Moreover, the Sefer Ha’hinuch asserts, if a bird has none of these properties, it may nevertheless be presumed kosher as long as it is not a “Dores.” The reason, he explains, is that the only two non-kosher birds that are not predators and have none of these properties are the “Peres” and “Ozniya,” and according to tradition, these species live in remote areas, and not in regions populated by human beings. Hence, we need not be concerned that this kind of bird which we come across belongs to one of these two species. The Sefer Ha’hinuch cites those who claimed that nowadays, we must be concerned that these species may, in fact, live in areas of human habitation, and we thus must refrain from species with none of these three properties, as they may be a “Peres” or “Ozniya.” However, the Sefer Ha’hinuch dismisses this claim as an unnecessary measure of stringency. If a bird is not predatory, and has exactly two of the three physical properties mentioned above, then, the Sefer Ha’hinuch writes, we must be concerned that it might belong to one of the non-kosher species. Therefore, he writes, such a species may be eaten only if there is a tradition that it is permissible. In light of the various opinions that exist regarding the determination of a given species’ status, it is generally accepted to eat only those birds regarding which there is a tradition permitting them for consumption. This practice has given rise to some controversy surrounding the consumption of turkey, which was found only in America, and not in Europe or in Sephardic lands. As there was no tradition allowing the consumption of turkey, some Poskim, including Rav Shlomo Kluger (Galicia, 1783-1869), forbad