Chullin 57b ~ Ants, Rabbi Shimon ben Chalafta, and the Scientific Method

Today we learn one of the central texts in the Talmud that discusses the relationship between experience and authority.

חולין נז, ב

…אמרו עליו על רבי שמעון בן חלפתא שעסקן בדברים היה

מאי עסקן בדברים? א"ר משרשיא דכתיב (משלי ו, ו) "לך אל נמלה עצל ראה דרכיה וחכם אשר אין לה קצין שוטר ומושל תכין בקיץ לחמה" אמר איזיל איחזי אי ודאי הוא דלית להו מלכא 

אזל בתקופת תמוז פרסיה לגלימיה אקינא דשומשמני נפק אתא חד מינייהו אתנח ביה סימנא על אמר להו נפל טולא נפקו ואתו דלייה לגלימיה נפל שמשא נפלו עליה וקטליה אמר שמע מינה לית להו מלכא דאי אית להו הרמנא דמלכא לא ליבעו 

א"ל רב אחא בריה דרבא לרב אשי ודלמא מלכא הוה בהדייהו א"נ הרמנא דמלכא הוו נקיטי אי נמי בין מלכא למלכא הוה דכתיב (שופטים יז, ו) בימים ההם אין מלך בישראל איש הישר בעיניו יעשה אלא סמוך אהימנותא דשלמה

They said about Rabbi Shimon ben Chalafta that he was a researcher of various matters… The Gemara asks: From what episode did Rabbi Shimon ben Chalafta earn the title: Researcher of matters? Rav Mesharshiyya said: He saw that it is written: “Go to the ant, you sluggard; consider her ways, and be wise; which having no chief, overseer, or ruler, provides her bread in the summer” (Proverbs 6:6–8). Rabbi Shimon ben Chalafta said: I will go and see if it is correct that they have no king.

He went in the season of Tammuz, i.e., summer. Knowing that ants avoid intense heat, he spread his cloak over an ant hole to provide shade. One of the ants came out and saw the shade. Rabbi Shimon placed a distinguishing mark on the ant. It went into the hole and said to the other ants: Shade has fallen. They all came out to work. Rabbi Shimon lifted up his cloak, and the sun fell on them. They all fell upon the first ant and killed it. He said: One may learn from their actions that they have no king; as, if they had a king, would they not need the king’s edict to execute their fellow ant?

Rav Acha, the son of Rava, said to Rav Ashi: But perhaps the king was with them at the time and gave them permission. Or perhaps they already had permission from the king to kill the ant. Or perhaps it was a time between kings, as it is written: “In those days there was no king in Israel; every man did that which was right in his own eyes”(Judges 17:6). Rather, rely on the credibility of Solomon, the author of Proverbs, that ants have no king.

The “experimenter”?

There is a great deal to unpack in this passage. First we need to understand exactly what is meant by the term used to describe Rabbi Shimon: “עסקן בדברים.” It can be translated in a few ways, each with their own subtle meanings.

Literally translated, the words mean he was involved in things. The Steinsaltz (Koren) Talmud translates the phrase as researcher of various matters, while the Schottenstein (ArtScroll) Talmud translates it as an experimenter, echoing the earlier Soncino translation an experimenter in all things. Goldschmidt's German translation (the first translation of the entire Babylonian Talmud, published 1897-1935) states “das er sich mit Dingen zu befassen pflegte” that Rabbi Shimon “used to deal with things.”

But there is more to the Schottenstein translation, which adds the following note: “Literally: one who involved himself with matters; i.e. he performed experiments to test the veracity of propositions.” Now that is quite a claim, for it suggests that 1) Rabbi Shimon sought to validate, and by definition invalidate the truth claims of the Bible and 2) that there was a scientific method as far back as Rabbi Shimon, circa 200 C.E.

Who was Shimon ben Chalafta?

We know rather little of the life of Rabbi Shimon, although he is the subject of several aggadic legends. He was extremely poor but fortunately he was also the object of divine intervention. Rabbi Shimon was saved from a nasty end involving lions by the miraculous appearance of heavenly meat (Sanhedrin 59b), and was the recipient of another heavenly gift - a gem of great wealth - which enabled to him to buy food for Passover (which goes to show that the high cost of kosher food for Passover is a long Jewish tradition).

And what about that title “the experimenter”? What else did he check out, or examine, or decipher? Alas, we will never know. This is the only place in all of Jewish literature in which he is described as
עסקן בדברים.

The origins of the experiment

The first scientific experiment, claims the historian of science David Wootton, happened on September 19, 1648. It involved measuring the height of a tube of mercury (in what we would later call a “barometer”) at various elevations in the region of Massif Central in central France. (The height of the mercury was three inches lower at the top of a 3,000 foot summit than it was back home in the garden.) It was the “first proper experiment” writes Wootton,

in that it involves a carefully designed procedure, verification (the onlookers are there to ensure this is really a reliable account), repetition, and independent replication, followed rapidly by dissemination.

Of course there had been earlier experiments - Ptolemy and Galen had carried them out, and among the most famous early experiment was the one performed by the Arab scientist Ibn al-Haytham. In the eleventh century he demonstrated (at least to his own satisfaction) that the eyes work by receiving light, rather than by emitting it. But before the scientific revolution there had been remarkably few such experiments, and certainly none like the barometer experiment. Aristotle was likely to blame, for two reasons. First, he assumed that adequate knowledge of any subject he discussed was already available, and second, “the Aristotelian tradition insisted that the highest form of knowledge was deductive, or syllogist knowledge.”

In addition, there was the status of the Bible as a source of knowledge about the world. Since it was the word of a God who did not lie, its observations were no less important than any experimental or philosophical proofs. (Elsewhere we have examined in some detail rabbinic philosophies and the scientific method, and I am told there is a great book on the relationship between science and rabbinic thought.)

In a nutshell, the scientific method involves making a prediction and then carrying out an experiment to verify - or falsify it. The great philosopher of science Karl Popper (d. 1994) took it a stage further, and introduced the concept of falsifiability. For a statement to be scientific he claimed, it must be falsifiable, that is, it must make a declaration that can be tested. And Rabbi Shimon was doing no such thing.

What was Rabbi Shimon doing?

Rabbi Shimon was certainly not carrying out an experiment in any way we use the word today. Instead he was observing nature, and noting how things seemed to work. And this is no small matter. In this respect he was like Charles Darwin who also carried out meticulous observations. On the basis of these Darwin developed a theory, which in his case was the theory of evolution, a theory that, as it turned out, is indeed falsifiable.

Neither Rabbi Shimon ben Chalafta nor Rav Acha would have declared the words of Proverbs incorrect based on any of their own observations. What is more, some one-hundred and fifty years later, Rav Acha questioned Rabbi Shimon’s methodology. Why, he asked, is Rabbi Shimon so certain that his observations lead to his conclusion? Perhaps there were other explanations of what Rabbi Shimon had observed that would conclude, contra his deduction, that an ant colony actually had a king. Rav Acha makes a point that would be echoed in rabbinic texts centuries later: observations of the natural order can be explained in any number of ways; the only privileged source of knowledge is the Bible.

Now of all the branches of Natural History, Entomology is unquestionably the best fitted for thus disciplining the mind of youth...no study affords a fairer opportunity of leading the young mind to the great truths of Religion, and of impresing it with the most lively ideas of the power, wisdom, and goodness of the Creator.
— William Kerby. An Introduction to Entomology: Or Elements of the Natural History of Insects. London 1818. xvi.

And do ants have kings?

Basic ant colony life. From and Holldobler and Wilson. The Super-Organism; The Beauty. Elegance and Strangeness of Insect Colonies. Norton 2009. 138

Basic ant colony life. From and Holldobler and Wilson. The Super-Organism; The Beauty. Elegance and Strangeness of Insect Colonies. Norton 2009. 138

No. They have Queens. Who are like kings except they are not male. Although this is generally true, it is not the case for all species of ants. E.O. Wilson and Bert Holldobler won a Pulitzer Prize for their now classic 1990 work, The Ants. Holldobler is a Professor of Life Sciences at Arizona State University, and Wilson is a Harvard Professor who has been studying ants for over five decades, so together they must really knows their stuff. “In the Australian Pachycondyla sublaevis” they wrote in their beautiful book The Superorganism “there is no anatomically distinct queen. Instead the top-ranked worker mates and lays eggs… and joins those just beneath her in caring for the brood, while the workers of lower rank forage outside the nest for food.”

To summarize: Ant colonies do not have kings, and usually (but not always), they have a queen. (Though to further complicate matters more the Formica Yessenis ant of Japan can have, in Wilson’s words “millions of queens.”) And so King Solomon was not correct when he wrote “"אין לה קצין שוטר ומושל” - that ants have “no chief, overseer, or ruler” (although I guess you could re-interpret the verse to mean that they have no ruler in the sense of how we use the word today).

But Rabbi Shimon was correct about there being various castes or ranks within the nest. He described how one ant was killed by others of the same cast, and in fact this may occur for a number of reasons. For example, in a 2013 paper titled Enforcement of Reproductive Synchrony via Policing in a Clonal Ant, the authors note that “worker policing controls genetic conflicts between individuals and increases colony efficiency.” In other words, the colony will control reproductive rights by turning on, and in some cases killing, other members of the nest. And in a letter to Nature, researchers reported that if the queen is challenged by another female she chemically marks the pretender who is then punished by low-ranking females.

Seeing the Divine in the Insect

Rabbi Shimon made his observations about the social structure of ants about 1,600 years before William Kirby who in 1808 published his “Introduction to Entomology the very first general study of entomology. But like many works of science from the Victorian-era it is also a book about God. Throughout, Kirby notes the truth of Scripture and the stamp of a Divine Creator, which he insists can be recognized by studying insects. In this regard, Kirby was echoing exactly the sentiment in the Book of Proverbs cited in today’s page of Talmud. “Go to the ant, you sluggard; consider her ways, and be wise.”

Rabbi Shimon wasn’t the only tanna who saw the divine in the insect world. In a few pages (63a) we will read that when Rabbi Yochanan would study ant behavior, he would say a verse from Psalm 37:7 “צדקתך כהררי אל” Your righteousness is like the mighty mountains.” Why? Because, explains Rashi, God provides food for the ants, who then do not need to work hard to sustain the colony. It’s a beautiful homily, though once you read through The Ants, the suggestion that ants have it easy is fanciful.

The author of Scripture is also the author of Nature: and this visible world, by types indeed, and by symbols, declares the same truths as the Bible does by words. To make the naturalist a religious man – to turn his attention to the glory of God, that he may declare his works, and in the study of his creatures may see the loving-kindness of the Lord – may this in some measure be the fruit of my work…’
— William Kirby, Correspondence, Dec 21 1800

Rabbi Shimon ben Chalafta left no halachic teachings, and the only example we have of his inquisitive mind is today’s story about his field observations of ants. But he left an indelible mark on the oral tradition, because the Mishna, upon which all later Talmudic discussions are based, ends with his wise words.

אָמַר רַבִּי שִׁמְעוֹן בֶּן חֲלַפְתָּא, לֹא מָצָא הַקָּדוֹשׁ בָּרוּךְ הוּא כְּלִי מַחֲזִיק בְּרָכָה לְיִשְׂרָאֵל אֶלָּא הַשָּׁלוֹם, שֶׁנֶּאֱמַר (תהלים כט), ה’ עֹז לְעַמּוֹ יִתֵּן ה’ יְבָרֵךְ אֶת עַמּוֹ בַשָּׁלוֹם
Rabbi Shimon ben Chalafta said: The Holy One, blessed be He, found no vessel that can [sufficiently] hold the blessing for Israel, save for peace, as the verse says, (Psalms 29:11) “God will give strength to His nation, God will bless His nation with peace.”
— Mishnah Uktzin 3:12

And let us say Amen.

Print Friendly and PDF

Chullin 60b ~ The Great Tu-Bishvat Eclipse of 2019

Tonight is the 15th day of the Hebrew month of Shevat - better known as Tu-Bishvat. It is the day which traditionally marks “the new year for trees” and on which many of us will make a Tu-Bishvat seder (kind of like a Passover Seder, but without all the cleaning). As a special treat, there will also be a total lunar eclipse tonight, which will be visible from North and South America, Europe and Israel. In the following passage of Talmud that we will learn at the end of this week, there is a wonderful reminder to ponder the relationship of the sizes of the sun and the moon:

חולין ס, ב

רבי שמעון בן פזי רמי כתיב (בראשית א, טז) ויעש אלהים את שני המאורות הגדולים וכתיב את המאור הגדול ואת המאור הקטן אמרה ירח לפני הקב"ה רבש"ע אפשר לשני מלכים שישתמשו בכתר אחד אמר לה לכי ומעטי את עצמך 

אמרה לפניו רבש"ע הואיל ואמרתי לפניך דבר הגון אמעיט את עצמי אמר לה לכי ומשול ביום ובלילה אמרה ליה מאי רבותיה דשרגא בטיהרא מאי אהני אמר לה זיל לימנו בך ישראל ימים ושנים אמרה ליה יומא נמי אי אפשר דלא מנו ביה תקופותא דכתיב (בראשית א, יד) והיו לאותות ולמועדים ולימים ושנים זיל ליקרו צדיקי בשמיך (עמוס ז, ב) יעקב הקטן שמואל הקטן (שמואל א יז, יד) דוד הקטן 

חזייה דלא קא מיתבא דעתה אמר הקב"ה הביאו כפרה עלי שמיעטתי את הירח והיינו דאמר ר"ש בן לקיש מה נשתנה שעיר של ראש חדש שנאמר בו (במדבר כח, יא) לה' אמר הקב"ה שעיר זה יהא כפרה על שמיעטתי את הירח 

Rabbi Shimon ben Pazi explains: When God first created the sun and the moon, they were equally bright. Then, the moon said before the Holy One, Blessed be He: Master of the Universe, is it possible for two kings to serve with one crown? One of us must be subservient to the other. God therefore said to her, i.e., the moon: If so, go and diminish yourself.

She said before Him: Master of the Universe, since I said a correct observation before You, must I diminish myself? God said to her: As compensation, go and rule both during the day along with the sun and during the night. She said to Him: What is the greatness of shining alongside the sun? What use is a candle in the middle of the day? God said to her: Go; let the Jewish people count the days and years with you, and this will be your greatness. She said to Him: But the Jewish people will count with the sun as well, as it is impossible that they will not count seasons with it, as it is written: “And let them be for signs, and for seasons, and for days and years” (Genesis 1:14)….

God saw that the moon was not comforted. The Holy One, Blessed be He, said: Bring atonement for me, since I diminished the moon.The Gemara notes: And this is what Rabbi Shimon ben Lakish says: What is different about the goat offering of the New Moon, that it is stated with regard to it: “For the Lord” (Numbers 28:15)? The Holy One, Blessed be He, said: This goat shall be an atonement for Me for having diminished the size of the moon.

God needs a monthly sacrifice because he diminished the size of the moon! Wow. That’s a theological statement that needs some unpacking. But let’s stay focussed and turn our attention to…

Why we see a lunar eclipse

Here is what will happen on the Tu-Bishvat Eclipse of Sunday night/Monday morning

Here is what will happen on the Tu-Bishvat Eclipse of Sunday night/Monday morning

A lunar eclipse occurs when the earth lies between the sun and the moon. The shadow of the earth then covers the moon, and we see a lunar eclipse. As NASA helpfully explains, during some stages of the lunar eclipse, the Moon will appear reddish. This is because the only remaining sunlight reaching the Moon at that point is from around the edges of the Earth, as seen from the Moon's surface.

When to see the eclipse

On the east coast of the US, the eclipse will begin at 9.36pm on Sunday night and reaches a maximum at 12.12am. On the west coast things will be earlier - you will see the total eclipse starting at 9.12pm. But if you live in London England, you ‘ll have to step outdoors at the ungodly hour of 4.41am on Monday morning to witness the earth cast its shadow on the moon.

What to look for in Jerusalem

In Jerusalem you will be able to see a near total lunar eclipse - (the moon will be 97% covered by the shadow of the earth) at 6:38am on Monday morning. However, this true maximum point of this eclipse cannot be easily seen in Jerusalem because the Moon is below the horizon at that time. To get a better view you will have to head to high point or find an unobstructed area with free sight to the west-northwest for the best view of the eclipse. But be quick. The moon will set barely three minutes later, at 6:41am, and the combination of a very low moon and the total eclipse phase makes the Moon so dim before it sets, that it might disappear from view some time before it sets.

We have discussed how the Talmud understands lunar and solar eclipses several times (like here and here and here). How lucky we are that the moon was commanded to diminish itself and banished to the night sky (mostly). So set your alarms, look to the skies, and pray for a cloudless night.







Print Friendly and PDF

Chullin 47b ~ Red Babies, Green Babies, and other Neonatal Colors

חולין מז, ב

Green Baby.jpg

רבי נתן אומר פעם אחת הלכתי לכרכי הים באתה אשה אחת לפני שמלה בנה ראשון ומת שני ומת שלישי הביאתו לפני ראיתיו שהיה אדום אמרתי לה בתי המתיני לו עד שיבלע בו דמו המתינה לו ומלה אותו וחיה והיו קורין אותו נתן הבבלי על שמי

ושוב פעם אחת הלכתי למדינת קפוטקיא באתה אשה לפני שמלה בנה ראשון ומת שני ומת שלישי הביאתו לפני ראיתיו שהיה ירוק הצצתי בו ולא היה בו דם ברית אמרתי לה בתי המתיני לו עד שיפול בו דמו המתינה לו ומלה אותו וחיה והיו קורין אותו נתן הבבלי על שמי

 Rabbi Natan says: Once I went to the cities overseas, where one woman came before me who circumcised her first son and he died, and she circumcised her second son and he died, and out of concern that circumcising her third son might cause him to die as well, she brought him before me. I saw that he was red, so I said to her: My daughter, wait for him until his blood is absorbed into him. She waited for him until his blood was absorbed into him and then circumcised him, and he survived. And they would call him Natan the Babylonian after my name. 

Rabbi Natan further related: And on another occasion I went to the state of Cappadocia, and a woman came before me who circumcised her first son and he died, and she circumcised her second son and he died. Out of concern that circumcising her thirds on might cause him to die as well, she brought him before me. I saw that he was green. I looked at him and saw that he did not have the blood of circumcision in him, [i.e., he had a deficiency of blood such that no blood would emerge from the circumcision]. I said to her: My daughter, wait until his blood enters him. She waited for his blood to increase and then circumcised him, and he survived. And they would call his name Natan the Babylonian after my name.

Hemophilia A

Normal father carrier mother.jpg

We have had several occasions in the past to review cases similar of baby boys and the dangers of circumcision, most recently when we studied Chullin 4a and its relation to Hemophilia A. But this is the first time there is a discussion of skin color. Rabbi Natan describes a red looking baby boy and a green looking baby boy. Since in each case there were siblings who had died under similar conditions, it is reasonable to assume that these cases too were caused by hemophilia A. Rabbi Natan’s babies survived because they did not have two copies of the gene for hemophilia. Instead they carried only one copy of the gene which is the cause of this disease. It is a mutation in the F8 gene,which controls the manufacture of Factor VIII, a key component of the clotting cycle. You can see this in the diagram (showing a normal father and carrier mother.) Only half the boys will (on average) become hemophiliacs.

However, there are alternative suggestions, which do not ascribe these colors to hemophilia alone. Let’s start with…

The Red baby boy

In his classic work התלמוד וחכמת הרפואה -The Talmud and Medicine (Berlin 1928, p231-2), I.L Katzenelsohn claimed that the red baby disease is erythema neonatorum. His family also carried hemophilia (because his two brothers had bled to death after their circumcisions), but this third baby was also red. Erythema (toxicum) neonatorum is a common finding in newborns and is thought to be due to an immune reaction (though to what remains unknown). It is a benign condition, and needs no treatment. Rabbi Natan believes that a presumption of hemophilia can only be made once it has been seen three times. This had not yet happened (two previous brothers had died, not three) and so he ordered that the brit can go ahead once the redness cleared up. Luckily, the boy was only a carrier of hemophilia (he was heterozygous for the F8 gene), and so he survived the circumcision.

Others are not so sure what this redness indicated. “I have no idea to what the rabbis are referring to" wrote Dr. Abraham Abraham (that’s his real name, not a typo,) in his work on medical halacha נשמת אברהם, The Soul of Avraham (יורה דעה 263:3). He was a Professor of Medicine at Hebrew University and Hadassah Medical School, so if he is stumped I guess we all are. So now let’s turn to…

The Green Baby Boy

This one is really hard to figure out, because there isn’t agreement on precisely what is meant by the description that the baby is ירוק, green. Rashi describes it as “the color of grass” which is - at least in the summer - a nice green color. Tosafot, being Toasafot, disagrees, and suggests that it is a sky blue color. And even more colors appear in later halachic works.

Katzenelsohn believed the “green” color is more of a yellow one, which is common in neonatal jaundice. (“Where is the best place to detect neonatal jaundice?” I was asked as a medical student. “Um, the sclera?” I offered in reply. “Nope said the doctor, happily pimping me, “in the parking lot, - where the sun provides the best illumination.” But I digress). Neonatal jaundice is an almost universal finding in newborns, and results from a breakdown of the fetal hemoglobin that is no-longer needed now that the baby is ex-utero. Julius Preuss (Biblical-Talmudic Medicine, Jason Aronson 1978 p167) believes the green color does not mean green, but instead it means pale. In this reading the baby was anemic, meaning that it lacked hemoglobin.

And what would the green-is-really blue suggestion of Tosafot indicate? Well, blue skin is called cyanosis, and results from too-little oxygen reaching the tissues. The feet and toes of newborns are often blue for a couple of days, as they develop their own oxygen carrying capacity (having spent nine happy months relying on mom’s). Some of the things that cause peripheral cyanosis include the cold (that’s when your arteries no-longer want to shunt warm blood to your freezing fingers), heart failure (the heart is too tired to pump oxygenated blood to the peripheries) or chronic lung disease (the lungs just can’t get enough oxygen through them and into the bloodstream). Central cyanosis is usually much more serious. It can be caused by infections like pneumonia (and did I mention that it was a defining feature of impending death during the Great Influenza Pandemic of 1918?) In the context of a newborn, it may indicate congenital heart disease. Some forms of congenital heart disease are fatal, but today there are a number of operations (or sometimes several) that can save the neonate’s life.

The Overarching Principle of Brit Milah

Whatever the color of the little baby boy or the number of brothers who may have died as a result of circumcision, Jewish law has evolved from these descriptions in the Talmud to a position that is clear and absolute.

שולחן ערוך יורה דעה רס’ג, א

באלו הדברים שאין מלין ולד שיש בו חשש חולי דסכנת נפשות דוחה את הכל שאפשר לו למול לאחר זמן ואי אפשר להחזיר נפש אחת מישראל לעולם

In all of these conditions in which we do not circumcise the baby because of the risk of a fatal outcome, the circumcision is postponed to a later date [when the child is now healthy]. For it is possible to postpone the day of circumcision, but it is impossible ever to replace the soul of a Jewish baby.

Print Friendly and PDF

Chullin 42a ~ Halachic Reality and Anatomic Reality: the Case of the Treif Animal

With the start of the third chapter of Chullin we take a deep dive into animal anatomy.

Treif machinery.jpeg

אלו טרפות בבהמה נקובת הוושט ופסוקת הגרגרת ניקב קרום של מוח ניקב הלב לבית חללו נשברה השדרה ונפסק החוט שלה ניטל הכבד ולא נשתייר הימנו כלום הריאה שניקבה או שחסרה ר"ש אומר עד שתינקב לבית הסמפונות ניקבה הקבה ניקבה המרה ניקבו הדקין הכרס הפנימית שניקבה או שנקרע רוב החיצונה רבי יהודה אומר הגדולה טפח והקטנה ברובה המסס ובית הכוסות שניקבו לחוץ נפלה מן הגג נשתברו רוב צלעותיה ודרוסת הזאב רבי יהודה אומר דרוסת הזאב בדקה ודרוסת ארי בגסה דרוסת הנץ בעוף הדק ודרוסת הגס בעוף הגס זה הכלל כל שאין כמוה חיה טרפה

These wounds constitute tereifot in an animal,rendering them prohibited for consumption:

1. A perforated esophagus, where the perforation goes through the wall , 

2. or a cut trachea.

3. If the membrane of the brain was perforated, 

4. or if the heart was perforated to its chamber; 

5. if the spinal column was broken and its cord was cut; 

6. if the liver was removed and nothing remained of it…

7. a lung that was perforated

8. or a lung missing a piece….

9. If the abomasum was perforated

10. or the gallbladder was perforated, 

11. or the small intestines were perforated, it is a tereifa…

This is the principle: Any animal that was injured such that an animal in a similar condition could not live for an extended period is a treifa, the consumption of which is forbidden by Torah law. 

The original meaning of the term treif in the Torah is torn, and it describes a domestic animal that was attacked by a wild animal and suffered an injury that led to its death.

וְאַנְשֵׁי־קֹ֖דֶשׁ תִּהְי֣וּן לִ֑י וּבָשָׂ֨ר בַּשָּׂדֶ֤ה טְרֵפָה֙ לֹ֣א תֹאכֵ֔לוּ לַכֶּ֖לֶב תַּשְׁלִכ֥וּן אֹתֽוֹ׃
You will be holy people to Me: you must not eat flesh torn by beasts in the field; you shall cast it to the dogs.
— Exodus 22:30

But the rabbis of the Talmud greatly expanded this category - hence the list in the Mishnah that we are studying today. Later in Chullin (57b) there is a dispute as to the prognosis of living animal were it to be declared treif. According to Rav Hunna, if an animal is treif, by definition it cannot live for longer than a year (אמר רב הונא סימן לטרפה י"ב חדש). But there are other opinions (this is, after all, the Talmud): the great editor of the Mishnah, Rabbi Yehudah HaNassi opinion that a treifa is destined to die within 30 days, while a berasia states that a treif animal cannot give birth (leaving open the question about male animals).

“Jason Marcus, chef and owner of the new Traif restaurant on S. Fourth Street in Williamsburg, says the name is just cheeky, not a slap at his mostly Kosher eaters.”

“But [the name] really represents our philosophical view of how restaurants should be free of rules. We’re just people who live for good food.”

It is generally agreed upon that list in today’s Mishnah details the kinds of lesions that would be fatal within a year. And that’s when the problems begin. Some of them are certainly likely to be fatal. For example a perforated esophagus (נקובת הוושט) leads to mediastinitis, an inflammation of the chest cavity. And that is commonly fatal. If the animal swallows something sharp it can pierce not only the esophagus, but the membranes that surround the heart, called the pericardium. Way back in 1955 - at the start of the era of antibiotics - The Australian Veterinary Journal published a case series of twenty-one dairy cows that developed traumatic pericarditis. “Fifteen cases were treated with sulphonamide [an antibiotic] and six were not. ” The six animals untreated cows all died, and even among the cows treated with antibiotics, almost half died. So yes, some lesions recorded in the Mishanh (and later refined in the talmudic discussion which follows) are indeed fatal.

The Case of Serachot

But other lesions that render an animal treif are certainly not fatal. Take for example lung adhesions, called סרחות (serachot, or sircha in the singular), which are discussed in detail later (46b et. seq). These adhesions are fibrous tissues that may run between different lung lobes, or between the lungs and the rib cage. They are common and are caused by a number of conditions, including trauma or previous infections. Many kinds of serichot render an animal treif. But lung adhesions are certainly not lethal. Animals and humans live quite happily with them. In fact this doctor recently told me that the presence of lung adhesions does not prevent lungs from being donated and used for a lung transplant. Now, if they are used in that delicate situation, they most certainly do not have a fatal defect, or anything even close.

the case of the missing liver (and the missing heart)

Opening paragraph of the famous responsa on “the chicken that had no heart”. From שו׳ת חכם צבי, Amsterdam 1712.

Opening paragraph of the famous responsa on “the chicken that had no heart”. From שו׳ת חכם צבי, Amsterdam 1712.

Equally puzzling to the modern reader is the sixth category in the Mishna’s list: ניטל הכבד ולא נשתייר הימנו כלום - if the slaughtered animal was found to have no liver. Here’s the thing: an animal cannot live without a liver. If a healthy looking cow - or indeed any cow -was well enough to be slaughtered, it must have had a liver. So this is not an example of a treif animal - it’s an example of one that could not possibly have existed. But don’t take my word for it.

In 1709 the great rabbi of Hamburg, Zevi Ashkenazi, (better known as the Chacham Zevi, after the name of his responsa) was asked the following question. A young woman had opened a slaughtered chicken to remove the unwanted entrails, while her cat sat at her feet “waiting patiently for anything that may fall to the ground.” To her great surprise, the young woman found that the chicken did not have a heart, and so assumed the bird was treif. Not so, claimed her mother, who apparently owned the chicken. The cat must have eaten it, when it was thrown to the ground together with the entrails. The young women was however quite adamant, and insisted she had never fed anything that resembled a heart to the cat. The bird had been perfectly healthy before it was slaughtered, eating and drinking like any other healthy chicken, (וגם בעודנה בחיים חיותה היתה חזקה ובריאה ובכל כחה לאכול ולשתות). The question of the kashrut of the bird was brought to the local rabbis, who declared it to be treif, on the basis that while alive, it had no heart.

The Chacham Zevi was asked to weigh in on the matter. “It is absolutely clear to any person who has a wise heart” he wrote, apparently enjoying the play on words, “or who has a brain in his skull, that it is impossible for any creature to live for even a moment without a heart…Clearly, the heart fell out when the bird was opened, and that cat ate it…It is obvious that the chicken is permitted” Strike one for common sense. You would think. But not so fast. This answer of the Chacham Zevi engendered one of the great halachic disputes of the eighteenth century. In one corner, the Chacham, and in the other at least four leading rabbinic figures who vehemently opposed this ruling: Naphtali Katz of Frankfurt, Moses Rothenburg, David Oppenheim (who was the Chief Rabbi of Prague, no less) and Jonathan Eyebeschuetz (who spent much of his later life fighting halachic battles against Rabbi Yaakov Emden, who was the son of the Chacham Zevi). It got nasty, but that’s a story for another day.

Halachic Reality

No bird or animal can live without a heart, and none can do so without a liver. So there can be no case, like the one in the Mishnah, in which a healthy living animal was slaughtered and found to be without a liver.

Some of the categories of treifot overlap with conditions that are indeed incompatible with life. Others are perfectly innocuous and compatible with a long and healthy life. And a few make no sense given what we know about animal physiology. But none should be thought of as describing an anatomical reality. They describe instead a halachic reality, a reality that reflected a world some 1,500 years ago. And while our understanding of physiology has changed, these halachic classes remain a fixed part of Jewish tradition. Here is the great Maimonides, who was obviously troubled by the chasm that sometimes exists between halacha and facts.

רמב’ם משנה תורה הלכות שחיטה י, יג וְכֵן אֵלּוּ שֶׁמָּנוּ וְאָמְרוּ שֶׁהֵן טְרֵפָה אַף עַל פִּי שֶׁיֵּרָאֶה בְּדַרְכֵי הָרְפוּאָה שֶׁבְּיָדֵינוּ שֶׁמִּקְצָתָן אֵינָן מְמִיתִין וְאֶפְשָׁר שֶׁתִּחְיֶה מֵהֶן אֵין לְךָ אֶלָּא מַה שֶּׁמָּנוּ חֲכָמִים שֶׁנֶּאֱמַר (דברים יז יא)"עַל פִּי הַתּוֹרָה אֲשֶׁר יוֹרוּךָ

Each one of these lesions that were declared treif remain so even if modern medicine can demonstrate that some of them are not actually fatal, and that it is indeed possible to live despite them. Rather we must follow these rabbinic categories, as the Torah states“ You shall act in accordance with the instructions given you and the ruling handed down to you; [you must not deviate from the verdict that they announce to you either to the right or to the left.]

In more recent times, Rabbi Avrohom Yeshaya Karelitz, better known as the Chazon Ish, also addressed this question. “We see today” he wrote, “that very often surgeons operate on the abdomen of a person [with an injury like one found in a treif animal], and he is completely cured, and lives a long life.” But this does nothing to change the way we view the categories of treif . These depend solely on what was decided by the rabbis of the Talmud, and no modern findings can change them.

But what happens when science suggests that the act of shechita inflicts unnecessary pain on the animal? That’s coming up, on Talmudology.

Print Friendly and PDF