Sefer HaChinuch ספר החינוך

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 roots of the commandment is that which I wrote concerning the prohibition of the “torn” animal (Sefer HaChinukh 73).

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.