Wednesday 30 January 2019

Chullin 64: Are the Eggs Kosher?

A new Mishna presents Chizikiya's question: Where in the Torah do we learn that the egg of a bird that is not kosher is prohibited?  The Gemara reminds us of bat ha'ya'ana (likely the ostrich or the Eurasian eagle-owl, a bird of prey), one of the birds in the list of non-kosher birds (Vayikra 11:16), where bat means daughter.  It implies that the egg of the ya'ana, the unclean bird, is not kosher either.  Chizikiya's question may not be necessary because of the principal ha'yotzeh min ha'tameh, tameh, anything produced by a non-kosher animal is also non-kosher.

Perhaps Chizikiya's question focuses on whether or not the egg of a kosher bird is permitted according to the Torah.  A living bird cannot be eaten until it has been slaughtered.  Does that forbid the eggs as well?  The passage about the bat ha'ya'ana tells us that only the eggs of non-kosher birds are forbidden.

Other rabbis disagree.  We know that eggs are permitted by shilu'ach ha'ken, where we may take the eggs of a bird if we first chase away their mothers (Devarim 22:6-7).  If we believe that the Torah allows all eggs like this (their status is that of the product of a living animal, however), we might believe that all eggs are permitted.  Chizikiya's question is thus valid.

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