Commandments · Negative commandments

Not to eat any creeping winged insect

#251 Negative commandment Deuteronomy 14:19

The cited verse

The Hebrew (Masoretic Text)

וְכֹל שֶׁרֶץ הָעוֹף טָמֵא הוּא לָכֶם לֹא יֵאָכֵלוּ

In Maimonides’ words

How Maimonides defines this commandment in his Sefer HaMitzvot — his own words, shown as a primary source.

הזהירנו מלאכול שרץ העוף. והוא אמרו יתעלה במשנה תורה כל שרץ העוף וגו'. ולשון ספרי כל שרץ העוף הוא מצות לא תעשה. ומי שאכל מהם לוקה. (ראה, שם):

He prohibited us from eating winged swarming things. And that is His, may He be exalted, saying in Mishneh Torah (Deuteronomy), "All winged swarming things, etc." (Deuteronomy 14:19). And the language of the Sifrei is, "'All winged swarming things' - that is a negative commandment." And one who eats of them is lashed. (See Parashat Shemini; Mishneh Torah, Forbidden Foods 2.)

Hebrew: Sefer HaMitzvot, Warsaw 1883 (public domain). English: Sefaria Edition, trans. Rabbi Francis Nataf, 2021 (CC0). Via Sefaria; translator’s footnotes omitted.

Literary form: a prohibition

Applicability

How the catalog describes where and when this commandment applies. These are independent descriptions, not a verdict on which laws still count.

  • Recorded as practiced today

Classical halakhic consequences

The consequences the classical halakhah attaches to this commandment, grouped by who imposes them. Where a category has none recorded, that absence is itself meaningful.

Imposed by a court

  • Lashes (malkot)

At the hands of Heaven

No divinely-imposed consequence is recorded.

Ritual remedy

No ritual remedy is recorded.

How the streams of Judaism treat this commandment

The streams of Judaism read the same commandment differently — an ongoing plurality, not a ranking. Each position below is reported as the catalog records it; none is presented as the correct one.

  • Orthodox Binding
  • Conservative Binding
  • Reform Not binding
  • Reconstructionist Not binding
  • Karaite Binding

24 of 613 commandments have been examined in depth so far — this one is queued.

How later traditions received this commandment

How later traditions read or reworked this commandment, each attributed to its own voice. The catalog’s own classification of each reception is shown as it records it, never adopted as GEBible’s.

Philo of Alexandria

  • De Specialibus Legibus 4.100-118 read it allegorically

Josephus

  • Antiquities 3.259-260 affirmed it

The New Testament

  • Mark 7:19 treated it as abrogated Markan editorial gloss declaring all foods clean; cf. Acts 10:9-16

The Church Fathers

  • Epistle of Barnabas, Barnabas 10 read it allegorically

Where this commandment meets modern human-rights frameworks

One modern normative lens, attributed to it — not GEBible’s assessment. Each row names the framework it measures against and the catalog’s own classification of the relation.

This framework catalogues tensions; it records agreement in only one of its entries. The near-total tension rate is the shape of the instrument, not a finding.

  • general principle

    This framework classifies the relation as an incompatible method.

    The commandment imposes flogging for consuming prohibited winged insects; corporal punishment enforced for a dietary choice is incompatible with post-Enlightenment conceptions of personal bodily autonomy.

  • Article 7

    This framework classifies the relation as an incompatible method.

    ICCPR Article 7 prohibits cruel, inhuman, or degrading treatment or punishment; thirty-nine lashes for eating a prohibited insect species constitutes degrading physical punishment under the standard of the Covenant.

  • general principle

    This framework classifies the relation as a direct contradiction.

    Penal proportionality requires punishment commensurate with harm; corporal punishment for consuming a winged crawling insect exceeds any proportionate secular sanction for conduct that causes no identifiable harm to others.

  • general principle

    This framework classifies the relation as abrogated in practice.

    The malkot sanction requires a functioning Sanhedrin of twenty-three judges, which has not existed since the Second Temple era; the prohibition's court-imposed penalty is de jure in force but de facto unenforceable.

Source & licence

The commentary, cross-references, reception, and modern-conflict analysis in this section are drawn from a public compilation of the 613 commandments, licensed under CC BY-SA 4.0. The cited biblical text is rendered from GEBible’s own public-domain reading corpus. CC BY-SA 4.0 (opens in a new tab). GEBible’s presentation of this material is offered under the same CC BY-SA 4.0 terms.