To not eat from the meat of a [domesticated] beast, a [wild] animal or a bird that has died by itself: To not eat from the meat of a [domesticated] beast, a [wild] animal or a bird that has died by itself. And about this is it stated (Deuteronomy 14:21), “You shall not eat any carcass; to the stranger that is in your gates may you give it and he shall eat it, or you may sell it to the foreigner.” And I have already written above in this Order in the commandment of slaughter (Sefer HaChinukh 451) the principle that they, may their memory be blessed, said that anything that is disqualified in its slaughter is also called a carcass. And I also have written about the matter of its impurity in the Order of Bayom Hashmini on the commandment to not eat an impure fish (Sefer HaChinukh 156), and it is a [separate] commandment on its own.
From the laws of the commandment is that which they, may their memory be blessed, said (Avodah Zarah 67b) that [only] a carcass that is fit for a (gentile) stranger [to eat] is called a carcass and carries liability for its eating; but a carcass that is not fit for a stranger — meaning to say, a putrid carcass — does not carry liability for its eating. And because of this, the verse was lengthy to say, “you may give it to the stranger” — to teach you this. As if it were not so, there is no need to teach us to who to give that which we have. And it should not be said that it is coming to permit its benefit, as it is already written in another place (Leviticus 7:24), “Fat of the carcass and fat of the ‘torn’ [animal] may be used for any work.” And from here they, may their memory be blessed, learned (Avodah Zarah 65b) the law that exuding taste that spoils is permissible. As we know through this that the Torah only forbids and makes liable for the eating of things that are fitting for people to eat; not for something that disgust a person’s soul, as that is considered just like any dirt. And this is the dispensation that is mentioned in the Gemara about forbidden vinegar that fell into split beans, since it spoils them. And from this principle, we have become accustomed to purge in boiling water vessels that have not been used for a day, even though there is not sixty parts in the water corresponding to [the mass] of the vessel — as the absorbed [prohibited matter] that comes out from [it] when it has not been used in a day is spoiled. And since the absorbed [matter] went out from the vessel due to the power of the water, the nature of which is to purge and take out all of what is absorbed in the vessel — even though the vessel sits afterward with the absorbed waters that the vessel expunged into the boiling waters that are less than sixty [parts to it] and goes back and absorbs from it — it is not prohibited through this, as the [absorbed matter] is like a putrid carcass, which the Torah permitted, as we have said.
And maybe you will say, and how is it that we permit to eat even a putrid carcass from the outset? Is there [not a prohibition here of] “Do not be disgusting?” (See Mishneh Torah, Laws of Forbidden Foods 17:29.) The answer to this is that whenever it is something small like this and also that it is absorbed in the vessel and spoiled within it and its strength is weakened — in such a manner as this — there is certainly not [a violation of] “Do not be disgusting,” and [so] it is permissible from the outset. And you should not at all ask and say [that] if so, how is it that the Torah permitted the vessels of Midian by purging — was not the absorbed [matter] not [yet] spoiled, according to that which was said in the Gemara (Avodah Zarah 67b), that the Torah had only forbidden [and required purging of] a vessel that had been used in the day; as I can say to you that they purged these vessels in much water, which had sixty [parts] corresponding to the [mass] of the vessels. (See Tosafot on Chullin 108b, s.v. shenafal.)
And from this we can also learn that if one of any of the disgusting swarming creatures in the world fell into the pot — even though there is not sixty [parts] food in the pot corresponding to that swarming creature — that everything is permitted after we remove the body of the swarming creature from the pot. And we do not concern ourselves with that which it exuded at all, since it is from the disgusting things and spoils the taste of the [food]. As behold, this is similar to [the law of] a putrid carcass which is not forbidden, as we have said. And nonetheless, it is necessary that there be two parts of what is in the pot corresponding to the body of the swarming creature, so that it will be nullified by the majority. As if not, the food will be considered like the body of the swarming creature itself, and the Torah forbids its body, even though it is disgusting. [These] and the rest of these many matters are elucidated in Tractate Chullin with the books of the good commentators. And this little that I wrote to you, my son, is merely like a small dot on the face of the earth, in comparison with the many laws that are said about this matter. And I have already informed you in several places that my intention is only to arouse your spirit about the matters and I am [just] showing you [items]. But if you merit and Torah becomes your craft, you will understand all of the things and you will rejoice in them.
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses it and eats a kazayit from a carcass is liable for lashes.
שֶׁלֹּא לֶאֱכֹל מִבְּשַׂר בְּהֵמָה חַיָּה וָעוֹף שֶׁמֵּתוּ מֵאֲלֵיהֶן – שֶׁלֹּא לֶאֱכֹל מִבְּשַׂר בְּהֵמָה חַיָּה וָעוֹף שֶׁמֵּתוּ מֵאֲלֵיהֶן, וְעַל זֶה נֶאֱמַר (דברים יד כא) לֹא תֹאכְלוּ כָל נְבֵלָה לַגֵּר אֲשֶׁר בִּשְׁעָרֶיךָ תִּתְּנֶנָּה וַאֲכָלָהּ אוֹ מָכֹר לְנָכְרִי. וּכְבָר כָּתַבְתִּי לְמַעְלָה בְּסֵדֶר זֶה בְּמִצְוַת שְׁחִיטָה (מצוה תנא), הַכְּלָל שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה, דְּכֹל שֶׁנִּפְסְלָה בִּשְׁחִיטָתָהּ תִּקָּרֵא גַּם כֵּן נְבֵלָה, וְעִנְיַן טֻמְאָתָהּ, כָּתַבְתִּי גַּם כֵּן בְּסֵדֶר בַּיּוֹם הַשְּׁמִינִי בְּמִצְוַת שֶׁלֹּא לֶאֱכֹל דָּג טָמֵא (מצוה קנו), וְהִיא מִצְוָה בִּפְנֵי עַצְמָהּ.
To not eat from the meat of a [domesticated] beast, a [wild] animal or a bird that has died by itself: To not eat from the meat of a [domesticated] beast, a [wild] animal or a bird that has died by itself. And about this is it stated (Deuteronomy 14:21), “You shall not eat any carcass; to the stranger that is in your gates may you give it and he shall eat it, or you may sell it to the foreigner.” And I have already written above in this Order in the commandment of slaughter (Sefer HaChinukh 451) the principle that they, may their memory be blessed, said that anything that is disqualified in its slaughter is also called a carcass. And I also have written about the matter of its impurity in the Order of Bayom Hashmini on the commandment to not eat an impure fish (Sefer HaChinukh 156), and it is a [separate] commandment on its own.
מִשָּׁרְשֵׁי הַמִּצְוָה. מָה שֶׁכָּתַבְתִּי בְּאִסּוּר טְרֵפָה (מצוה עג).
From the roots of the commandment is that which I wrote concerning the prohibition of the “torn” animal (Sefer HaChinukh 73).
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ע"ז סז, ב) שֶׁנְּבֵלָה הָרְאוּיָה לַגֵּר הִיא קְרוּיָה נְבֵלָה, וְיֵשׁ חִיּוּב בַּאֲכִילָתָהּ, אֲבָל נְבֵלָה שֶׁאֵינָהּ רְאוּיָה לַגֵּר, כְּלוֹמַר נְבֵלָה מֻסְרַחַת אֵין חִיּוּב בַּאֲכִילָתָהּ, וּמִפְּנֵי זֶה הֶאֱרִיךְ הַכָּתוּב לְמֵימַר לַגֵּר תִּתְּנֶנָּה, לְלַמֵּד זֶה, שֶׁאִם לֹא כֵן אֵין צֹרֶךְ לְלַמְּדֵנוּ לְמִי נִתֵּן מָה שֶׁיֵּשׁ לָנוּ, וְאֵין לוֹמַר שֶׁבָּא לְהַתִּירָהּ בַּהֲנָאָה, שֶׁכְּבָר כָּתוּב בְּמָקוֹם אַחֵר (ויקרא ז, כד) וְחֵלֶב נְבֵלָה וְחֵלֶב טְרֵפָה יֵעָשֶׂה לְכָל מְלָאכָה. וּמִכָּאן לָמְדוּ זִכְרוֹנָם לִבְרָכָה (שם סה ב) דִּין נוֹתֵן טַעַם לִפְגָם מֻתָּר, שֶׁיָּדַעְנוּ בָּזֶה שֶׁהַתּוֹרָה לֹא תֶּאֱסֹר וּתְחַיֵּב כִּי אִם עַל אֲכִילַת הַדְּבָרִים שֶׁרְאוּיִים לַאֲכִילַת בְּנֵי אָדָם, לֹא עַל דָּבָר שֶׁנַּפְשׁוֹ שֶׁל אָדָם קָצָה בּוֹ, דִּכְעָפָר בְּעָלְמָא הוּא חֲשִׁיב, וְזֶהוּ הַהֶתֵּר הַנִּזְכָּר בַּגְּמָרָא בְּחֹמֶץ שֶׁל אִסּוּר שֶׁנָּפַל לְתוֹךְ גְּרִיסִין, מִפְּנֵי שֶׁפּוֹגֵם בָּהֶן. וּמִן הַיְּסוֹד הַזֶּה נָהַגְנוּ לְהַגְעִיל הַכֵּלִים שֶׁאֵינָן בְּנֵי יוֹמָן בְּמַיִם רוֹתְחִין, וְאַף עַל פִּי שֶׁאֵין בַּמַּיִם שִׁשִּׁים חֲלָקִים כְּנֶגֶד הַכְּלִי, מִפְּנֵי שֶׁהַבֶּלַע הַיּוֹצֵא מֵהֶן כְּשֶׁאֵינָן בְּנֵי יוֹמָן הוּא פָּגוּם, וּמִכֵּיוָן שֶׁיָּצָא הַבֶּלַע מִן הַכְּלִי בְּכֹחַ הַמַּיִם שֶׁטִּבְעָן לְמָרֵק וּלְהוֹצִיא כָּל הַבֶּלַע שֶׁבַּכְּלִי, אַף עַל פִּי שֶׁהַכְּלִי עוֹמֵד אַחַר כֵּן עִם בִּלְעוֹ שֶׁהֵקִיא בְּתוֹךְ הַמַּיִם רוֹתְחִין בְּפָחוֹת מִשִּׁשִּׁים וְחוֹזֵר וּבוֹלֵעַ מִמֶּנּוּ, אֵינוֹ נֶאֱסָר בְּכָךְ, לְפִי שֶׁהוּא כִּנְבֵלָה מֻסְרַחַת שֶׁהִתִּירָה הַתּוֹרָה כְּמוֹ שֶׁאָמַרְנוּ.
From the laws of the commandment is that which they, may their memory be blessed, said (Avodah Zarah 67b) that [only] a carcass that is fit for a (gentile) stranger [to eat] is called a carcass and carries liability for its eating; but a carcass that is not fit for a stranger — meaning to say, a putrid carcass — does not carry liability for its eating. And because of this, the verse was lengthy to say, “you may give it to the stranger” — to teach you this. As if it were not so, there is no need to teach us to who to give that which we have. And it should not be said that it is coming to permit its benefit, as it is already written in another place (Leviticus 7:24), “Fat of the carcass and fat of the ‘torn’ [animal] may be used for any work.” And from here they, may their memory be blessed, learned (Avodah Zarah 65b) the law that exuding taste that spoils is permissible. As we know through this that the Torah only forbids and makes liable for the eating of things that are fitting for people to eat; not for something that disgust a person’s soul, as that is considered just like any dirt. And this is the dispensation that is mentioned in the Gemara about forbidden vinegar that fell into split beans, since it spoils them. And from this principle, we have become accustomed to purge in boiling water vessels that have not been used for a day, even though there is not sixty parts in the water corresponding to [the mass] of the vessel — as the absorbed [prohibited matter] that comes out from [it] when it has not been used in a day is spoiled. And since the absorbed [matter] went out from the vessel due to the power of the water, the nature of which is to purge and take out all of what is absorbed in the vessel — even though the vessel sits afterward with the absorbed waters that the vessel expunged into the boiling waters that are less than sixty [parts to it] and goes back and absorbs from it — it is not prohibited through this, as the [absorbed matter] is like a putrid carcass, which the Torah permitted, as we have said.
וְאוּלַי תֹּאמַר וְאֵיךְ אָנוּ מַתִּירִין אֲפִלּוּ נְבֵלָה מֻסְרַחַת לְאָכְלָהּ לְכַתְּחִלָּה, הָא אִכָּא בָּהּ מִשּׁוּם בַּל תְּשַׁקְּצוּ? (עי' רמב"ם מאכא"ס יז כט). הַתְּשׁוּבָה בָּזֶה, דְּכָל שֶׁהוּא דָּבָר מוּעָט כָּזֶה, וְעוֹד שֶׁנִּבְלַע בִּכְלִי וְנִפְגַּם בְּתוֹכוֹ וְנֶחְלַשׁ כֹּחוֹ, בִּכְעִנְיָן זֶה וַדַּאי לֵיכָּא מִשּׁוּם בַּל תְּשַׁקְּצוּ, וּמֻתָּר לְכַתְּחִלָּה. וְאֵין לְךָ לְהַקְשׁוֹת כְּלָל וְלוֹמַר, אִם כֵּן כְּלֵי מִדְיָן אֵיךְ הִתִּירָה אוֹתָם הַתּוֹרָה בְּהַגְעָלָה, וַהֲלֹא לֹא הָיָה הַבֶּלַע פָּגוּם, לְפִי מַה שֶּׁאָמְרוּ בַּגְּמָרָא (שם סז ב) דְּלָא אָסְרָה תּוֹרָה אֶלָּא קְדֵרָה בַּת יוֹמָא? שֶׁיֵּשׁ לִי לוֹמַר לְךָ שֶׁהִגְעִילוּ אוֹתָן הַכֵּלִים בְּמַיִם רַבִּים שֶׁהָיָה בָּהֶן שִׁשִּׁים כְּנֶגֶד הַכֵּלִים (עי' תוס' חולין קח, ב ד"ה שנפל).
And maybe you will say, and how is it that we permit to eat even a putrid carcass from the outset? Is there [not a prohibition here of] “Do not be disgusting?” (See Mishneh Torah, Laws of Forbidden Foods 17:29.) The answer to this is that whenever it is something small like this and also that it is absorbed in the vessel and spoiled within it and its strength is weakened — in such a manner as this — there is certainly not [a violation of] “Do not be disgusting,” and [so] it is permissible from the outset. And you should not at all ask and say [that] if so, how is it that the Torah permitted the vessels of Midian by purging — was not the absorbed [matter] not [yet] spoiled, according to that which was said in the Gemara (Avodah Zarah 67b), that the Torah had only forbidden [and required purging of] a vessel that had been used in the day; as I can say to you that they purged these vessels in much water, which had sixty [parts] corresponding to the [mass] of the vessels. (See Tosafot on Chullin 108b, s.v. shenafal.)
וּמִזֶּה יֵשׁ לִלְמֹד גַּם כֵּן שֶׁאִם נָפַל אֶחָד מִכָּל הַשְּׁרָצִים הַמְּאוּסִים שֶׁבָּעוֹלָם בִּקְדֵרָה, אַף עַל פִּי שֶׁאֵין אֹכֶל בַּקְּדֵרָה שִׁשִּׁים כְּנֶגֶד אוֹתוֹ הַשֶּׁרֶץ, שֶׁהַכֹּל מֻתָּר אַחַר שֶׁנּוֹצִיא מִן הַקְּדֵרָה גּוּפוֹ שֶׁל שֶׁרֶץ, וְלֹא נָחוּשׁ לִפְלִיטָתוֹ כְּלָל, הוֹאִיל וְהוּא מִן הַמְּאוּסִים וּפוֹגֵם טַעַם הַקְּדֵרָה, שֶׁהֲרֵי זֶה דּוֹמֶה לִנְבֵלָה מֻסְרַחַת, שֶׁאֵין בָּהּ אִסּוּר כְּמוֹ שֶׁאָמַרְנוּ, וּמִכָּל מָקוֹם צָרִיךְ שֶׁיִּהְיֶה בְּמָה שֶׁבַּקְּדֵרָה שְׁנֵי חֲלָקִים כְּנֶגֶד גּוּפוֹ שֶׁל שֶׁרֶץ, כְּדֵי שֶׁיִּבְטַל בְּרֹב, שֶׁאִם לֹא כֵּן, יִהְיֶה נִדּוֹן הָאֹכֶל כְּגוּפוֹ שֶׁל שֶׁרֶץ מַמָּשׁ, וְגוּפוֹ אַף עַל פִּי שֶׁהוּא מָאוּס הַתּוֹרָה אֲסָרַתּוּ. וְיֶתֶר רֻבֵּי עִנְיָנִים אֵלֶּה, יִתְבָּאֲרוּ בְּמַסֶּכֶת חֻלִּין עִם סִפְרֵי הַמְּפָרְשִׁים הַטּוֹבִים. וְהַמְּעַט הַזֶּה שֶׁכָּתַבְתִּי לְךָ בְּנִי אֵינוֹ כְּנֶגֶד רֹב הַדִּינִין שֶׁנֶּאֱמַר בְּעִנְיָן זֶה כִּנְקֻדָּה דַּקָּה בְּשֶׁטַח הָאָרֶץ, וּכְבָר הוֹדַעְתִּיךָ בְּכַמָּה מְקוֹמוֹת שֶׁאֵין כַּוָּנָתִי רַק לְהָעִיר רוּחֲךָ בָּעִנְיָנִים, וּמַרְאֶה מָקוֹם אֲנִי לְךָ, וְאִם תִּזְכֶּה וְתוֹרָה תְּהֵא אֻמָּנוּתְךָ תָּבִין כָּל הַדְּבָרִים וְתִשְׂמַח בָּהֶם.
And from this we can also learn that if one of any of the disgusting swarming creatures in the world fell into the pot — even though there is not sixty [parts] food in the pot corresponding to that swarming creature — that everything is permitted after we remove the body of the swarming creature from the pot. And we do not concern ourselves with that which it exuded at all, since it is from the disgusting things and spoils the taste of the [food]. As behold, this is similar to [the law of] a putrid carcass which is not forbidden, as we have said. And nonetheless, it is necessary that there be two parts of what is in the pot corresponding to the body of the swarming creature, so that it will be nullified by the majority. As if not, the food will be considered like the body of the swarming creature itself, and the Torah forbids its body, even though it is disgusting. [These] and the rest of these many matters are elucidated in Tractate Chullin with the books of the good commentators. And this little that I wrote to you, my son, is merely like a small dot on the face of the earth, in comparison with the many laws that are said about this matter. And I have already informed you in several places that my intention is only to arouse your spirit about the matters and I am [just] showing you [items]. But if you merit and Torah becomes your craft, you will understand all of the things and you will rejoice in them.
וְנוֹהֵג אִסּוּר זֶה בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עַל זֶה וְאָכַל כַּזַּיִת מִנְּבֵלָה חַיָּב מַלְקוּת.
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses it and eats a kazayit from a carcass is liable for lashes.