Where did Judaism, as we know it, come from?
In this week’s parasha, Re’eh, we find one of three instances in the Torah prohibiting to “cook a kid in its mother’s milk.” (Deuteronomy 14:21) The most literal understanding of this prohibition is not to cook a baby goat specifically in its own mother’s milk. Certain sources suggest this refers to an ancient pagan practice where idolaters did exactly that. The Rambam (Rabbi Moshe ben Maimon, 1138-1204) writes in his Moreh Nevuchim (III, 48):
Meat boiled in milk is undoubtedly gross food, and makes overfull; but I think that most probably it is also prohibited because it is somehow connected with idolatry, forming perhaps part of the service, or being used on some festival of the heathen. I find a support for this view in the circumstance that the Law mentions the prohibition twice after the commandment given concerning the festivals…
Since twice the Torah juxtaposes this prohibition with celebrating festivals, the Rambam reasons that it must have been something done by pagans on their festivals. Archaeologists have indeed found evidence of a possible ancient Canaanite fertility ritual where they would cook a kid in its mother’s milk, then sprinkle the soup on their farms. Idolatry aside, this ritual is undoubtedly cruel, too. Way back in the 1st century CE, Philo Judaeus wrote in his On Virtues how anyone who does such a thing “is exhibiting a terrible perversity of disposition” (XXVI, 144).
Intriguingly, Philo also explains the meat-dairy prohibition as having more of a mystical reason: There is something spiritually incompatible in mixing meat and dairy, for “it is a very terrible thing for the nourishment of the living to be the seasoning and sauce of the dead…” (143) In other words, milk is that nourishing substance that represents new life, whereas meat requires slaughter and represents death. It is important to remember that God originally prohibited mankind from eating any meat whatsoever. Adam and Eve were vegetarians. Meat was later permitted by God after the Flood, though in a very limited capacity, and mainly for a spiritual reason (as explained in the past here). And spiritually, meat and dairy are simply incompatible.
Now, everyone agrees, as did Philo, that the Torah’s prohibition is not just specifically for goats, but for any domesticated herd flesh such as sheep and cows. Undomesticated animals are a different story, since they are not milked, so it wouldn’t be possible (or it would be extremely difficult) to cook them in their mother’s milk. Birds, of course, are not mammals and have no milk at all. Hence, Rabbi Akiva teaches in the Mishnah (Chullin 8:4) that “an undomesticated animal or bird in milk is not prohibited by Torah law.” Rabbi Akiva also adds non-kosher animals, meaning that a Jew who, say, works as a cook in a non-kosher restaurant would be allowed to mix pork and dairy for the non-Jewish diners. According to Rabbi Akiva, this is why the Torah mentions the meat-dairy prohibition three separate times, to teach that three categories of animals are excluded: undomesticated, birds, and non-kosher.
The Talmud then discusses this Mishnah in more depth. The implication of Rabbi Akiva’s statement is that while those three categories are not prohibited by Torah law, they are prohibited by Rabbinic law (Chullin 116a). However, Rabbi Yose haGelili held that consuming birds with dairy is not prohibited at all, not even by Rabbinic law, and that in his hometown it was normal for Jews to eat fowl and dairy regularly! Then, in a story about the sage Levi, the Talmud presents the possibility that the hometown of Rabbi Yehuda ben Beteira may have permitted fowl and dairy, as well. Earlier in the Talmud (Chullin 104b), Agra teaches that fowl and cheese are permitted to be eaten together, though his statement is later qualified to mean that he meant they can be consumed one after another, not actually together.
There is no doubt that by the close of the Talmudic period, consuming fowl and dairy was prohibited just as any other meat. And everyone agrees that this is a Rabbinic fence. The big question is: why? The Talmud does not give a reason for the expansion of the prohibition to include fowl. One cannot argue that the Sages simply extended the prohibition to include all animal flesh with dairy, for they did not extend the prohibition to fish and the kosher locusts, which remain pareve. Only fowl became forbidden.
For many years, I searched for a satisfying answer to the problem. Surprisingly, there is a serious scarcity of discussion on the matter. The most oft-repeated reason is that fowl may be easily confused with red meat, so the Sages worried that people might unintentionally break a Torah law, hence the need for a fowl fence. Yet, there doesn’t appear to actually be an ancient source for this answer, nor does it make much sense upon closer examination. If we are worried about appearances, some fish might also be confused with meat (they call tuna the “chicken of the sea” after all), but fish and dairy was not prohibited. Eating a hamburger with artificial pareve cheese, or eating a vegan cheeseburger, have not been prohibited either, and those situations are far more visually confusing. Besides, people are generally careful to know what they are eating—especially Jews who have many dietary restrictions.
A better answer I came across looks at the question more practically. For most of history, red meat was prohibitively expensive.* Cows, sheep, and goats are a lot more valuable alive than dead. One could get years’ worth of nutrition—milk, butter, cheese—not to mention other goods like wool and lanolin, as long as the animal remains living. Also, there is too much meat on these animals for a single family to consume in one sitting, and there were no freezers to keep the leftovers. Thus, red meat was typically only consumed on special occasions and big events. The most common meat was chicken, which was easy and quick to raise and slaughter, not expensive at all, and small enough that there was little waste. Practically speaking, for most people in the past, “meat” meant chicken, and had more day-to-day significance than rare red meat. Thus, it wasn’t much of a leap to include chicken (and thereby other fowl) in the prohibition.
Having said that, another answer might seem totally the opposite. The Mishnah (Bava Kamma 7:7) states that it was forbidden to raise chickens in Jerusalem during Temple times, and kohanim were not allowed to raise chickens at all, anywhere in Israel. This is because chickens are scavengers that will eat anything, including garbage, and might pick up bones and move them from place to place, spreading tumah impurity. One of the peculiar archaeological findings in Qumran—famous for the Dead Sea Scrolls—is that while many bones of cows, sheep, and goats have been dug up, there are absolutely none of chickens! Those Essenes who likely inhabited Qumran were very strictly-observant Jews, so it makes sense that they kept the same purity laws as would be kept in Jerusalem. Considering how much the Essenes influenced Rabbinic Judaism (or reflected an element of that era’s Rabbinic Judaism), it is quite possible that many of the early Sages avoided chicken as well. The Torah itself never mentions chickens at all, the Midrash describes them as “the most brazen of birds” (Shemot Rabbah 42:9), while the Talmud (Berakhot 6a) associates chicken feet with demons.
So, it is quite possible that Jews in those days actually ate little chicken. In fact, we know that the main fowl that was consumed in Israel was pigeon and dove. Perhaps chicken was designated “meat” (for dairy-mixing purposes) because it was uncommon and unfamiliar. Once chicken was prohibited, other birds slowly followed suit. Indeed, the episode in Chullin mentioned above describes how Levi was presented with a peacock and dairy dish, and did not object. Perhaps the fence started with chicken, and over time expanded to include other birds.
Whatever the case, what we find is that during the Second Temple era, consuming fowl with dairy was not prohibited, and shortly afterwards was prohibited Rabbinically. It took several centuries for the prohibition to be cemented and universal. Intriguingly, the Ethiopian Jewish community knew of no prohibition for fowl and dairy, and only accepted it upon themselves when they began settling in Israel in recent decades. (This may be a valuable point of evidence suggesting the Ethiopian Jewish community branched off in the very early years of the exile after the Temple’s destruction, or even earlier). I believe that here, in this chronology, lies one more possible answer as to why fowl and dairy was forbidden. And this answer is a mystical one.
From the information above, we can deduce that the critical moment in the birth of the fowl-dairy prohibition was the destruction of the Temple. A great many things changed with that seismic event. Our Sages stated that since we no longer have a Temple altar, the meal table now takes its place (Berakhot 55a, Chagigah 27a). As such, the Sages instituted a number of meal-time rituals to parallel the Temple services. First is netilat yadayim, which parallels the priestly washing in the Temple’s copper laver before service (as well as the washing before their consumption of terumah). Second is dipping bread in salt after hamotzi, since all sacrifices in the Temple had to be salted. Then there’s the final washing, mayim achronim, as explored in depth in Secrets of the Last Waters. Such practices were meant to commemorate, reinforce, and facilitate that what was spiritually accomplished in the Temple before could now be spiritually accomplished at the meal table. So, what is it that we seek to accomplish spiritually here?
Across Jewish mystical texts (particularly the Arizal), it is made clear that the purpose of the Temple was to elevate the holy sparks of Creation trapped in this lower physical world. The soul of an animal that was sacrificed in the Temple was able to break free of the kelipot, and return Above. Any lost holy sparks (nitzotzot) trapped within the animal were restored to their true place in the cosmos. The same goes for eating, which serves to elevate the spiritual matter within the food, thereby rectifying Creation. (See, for instance, Sha’ar HaGilgulim, ch. 22; Sha’ar haMitzvot on Ekev; and the Zohar on Ekev.)
In Temple times, a person was able to elevate sparks on things like fruits, vegetables, and fish through eating and reciting an after-blessing. Fowl and herd animals were more difficult to elevate, and generally required sacrifice in the Temple. Once the Temple was destroyed, the spiritual potential within each Jew declined. Now, an additional pre-blessing was necessary to properly elevate the sparks, which is the mystical reason for the Sages having instituted the berakhah rishonah. This works for low-level sparks and kelipot like those in produce or fish, but what about the more difficult fowl and herd animals, which were offered in the Temple? For those, we have the meal table, and thus the necessity of the additional rituals instituted by the Sages, mirroring those in the Temple.
The kelipot within fowl and herd animals are particularly strong, and their souls are greater than other animals. (This has a biological aspect, too, in that birds and mammals are the only two categories of animals that are warm-blooded.) To accomplish their elevation in a spiritually-weaker reality devoid of a Temple, the Sages had to introduce a number of spiritual supports. For instance, there was the directive to preferably leave meat consumption only for Shabbat, when a Jew has an additional soul and more spiritual power. Another suggestion was that only a tzadik should eat meat since the average ‘am aretz is not spiritually refined enough to process it (see Sha’ar HaMitzvot on Ekev).
I believe that it is for this mystical reason that the prohibition on mixing fowl and dairy emerged. Without a Temple, it became more difficult to spiritually process fowl meat. In the same way that it is biologically harder to digest meat and dairy mixtures, and effectively absorb their nutrients (see here, for example), it is more difficult to spiritually “digest” them together, too. This would also explain why the meat-dairy prohibition did not extend to other animals like fish and kosher locusts, since those animals were never brought as offerings in the Temple anyway. Finally, it would explain why the fowl-dairy prohibition was not instituted by a decree of the Sanhedrin, and was not universal for several centuries, since it would have been taught specifically by the mystics, and the general rule is that we don’t impose mystical stringencies and rituals upon the general public. Of course, due to their power and allure, mystical practices spread widely over time anyway, and become normative halakhah. That could very well be what happened with fowl and dairy.
Shabbat Shalom and Chodesh Tov!
*My parents often relate how lucky we are to have so much meat today, and so cheaply. In Soviet Uzbekistan where they lived, a kilo of beef cost 5 rubles. To put that in perspective, the average monthly salary then, as mandated by the government, was about 85 rubles. So, a single kilo of beef was worth roughly 6% of one’s monthly income. To compare, average monthly income in the US today is $3000, so it would be like paying $180 for a kilo of beef—and that’s not even kosher beef! A whole live chicken, meanwhile, would go for as little as 4 rubles. My mother says how, when she was a child, her mother would ask her to walk down the street to the shochet, and he would do a kosher chicken slaughter for just 5 kopeks! (My mom always put the chicken in a closed box because she didn’t want anyone to see!)
This week’s parasha, Terumah, begins with God’s command for the Israelites to build a Mishkan, an Earthly “dwelling place” for the Divine. God tells Moses (Exodus 25:2-8):
Speak to the children of Israel, and have them take for Me an offering; from every person whose heart inspires him to generosity, you shall take My offering. And this is the offering that you shall take from them: gold, silver, and copper; blue, purple, and crimson wool; linen and goat hair; ram skins dyed red, tachash skins, and acacia wood; oil for lighting, spices for the anointing oil and for the incense; shoham stones and filling stones for the ephod and for the choshen. And they shall make Me a sanctuary and I will dwell in their midst…
God requests that each person donate as much as they wish to construct a Holy Tabernacle. He concludes by stating that when the sanctuary is built, He shall dwell among them. The Sages famously point out that the Torah does not say that God will dwell in it, but in them. The sanctuary was not a literal abode for the Infinite God—that’s impossible. Rather, it is a conduit between the physical and spiritual worlds, and a channel through which holiness and spirituality can imbue our planet.
In mystical texts, we learn that the Mishkan was far more than just a temple. Every piece of the Mishkan—every pillar and curtain, altar and basin, even the littlest vessel used inside of it—held tremendous significance and represented something greater in the cosmos. In fact, the whole Mishkan was a microcosm of Creation. This is the deeper reason for why the prohibitions of Shabbat are derived from the construction of the Mishkan. The passage we cited above appears one more time in the Torah, in almost the exact same wording, ten chapters later. In that passage, we read the same command for each Israelite to donate the above ingredients to build a sanctuary. The only difference is that in the second passage, the construction of the Mishkan is juxtaposed with (Exodus 35:1-2):
Moses called the whole community of the children of Israel to assemble, and he said to them: “These are the things that God commanded to make. Six days work may be done, but on the seventh day you shall have sanctity, a day of complete rest to God; whoever performs work on this day shall be put to death…”
From this clear connection, the Sages learn that the actions required to construct and maintain the Mishkan are the same ones we must abstain from on the Sabbath. There are 39 such melakhot in all. On a more mystical level, these 39 works are said to be those same actions performed by God in creating the universe! For example, the first prohibited work (see Shabbat 7:2) is zorea, “sowing”, or seeding the earth, just as we read in the account of Creation that God said (Genesis 1:11) “Let the earth bring forth grass, herb-yielding seed, and fruit-tree bearing fruit after its kind, in which its seed is found on the earth.” Perhaps the most famous prohibition, mav’ir, “lighting” a flame, parallels God’s most famous Utterance, “Let there be light” (Genesis 1:3). Such is the case with all 39 prohibited works. In this way, when a Jew rests on the seventh day from such actions, he is mirroring the Divine Who rested from these works on the original Seventh Day.
The Mishkan and the Holidays
The Zohar (II, 135a) comments on this week’s parasha that the ingredients of the Mishkan symbolize the Jewish holidays. The first ingredient is gold, and this corresponds to the first holiday of the year, Rosh Hashanah. The second ingredient, silver, corresponds to Yom Kippur. This is because silver and gold represent the two sefirot of Chessed, “kindness”, and Gevurah, “restraint”. The latter is more commonly known as Din, “judgement”. In mystical texts, silver and gold (both the metals and the colours) always represents Chessed and Gevurah. Rosh Hashanah is judgement day, which is gold, and Yom Kippur is the day of forgiveness, silver.
The third ingredient, copper, corresponds to the next holiday, Sukkot. The Zohar reminds us that on Sukkot, the Torah commands the Israelites to sacrifice a total of seventy bulls, corresponding to the seventy root nations of the world. This is why the prophet Zechariah (14:16) states that in the End of Days, representatives from all nations of the world will come to Jerusalem specifically during Sukkot to worship God together with the Jews.
The Zohar explains that copper is Sukkot because copper (at least in those days) was the main implement of war, which the gentiles use to build their chariots and fight their battles. This, the Zohar explains, is the meaning of another verse in Zechariah (6:1), which states that “…there came four chariots out from between the two mountains; and the mountains were mountains of copper.” The Zohar concludes that the Torah prescribes the sacrifices to be brought in decreasing order (thirteen on the first day, twelve on the second, eleven on the third, etc.) to weaken the drive for war among the gentile nations.
The next ingredient is the special blue dye called techelet, which corresponds to Pesach. As the Talmud (Sotah 17a) states, techelet symbolizes the sea, and the climax of the Exodus was, of course, the Splitting of the Sea. Only at this point, the Torah states, did the Israelites believe wholeheartedly in God, and his servant Moses (Exodus 14:31). The Zohar therefore states that techelet holds the very essence of faith.
Following this is the purple dye called argaman, which is Shavuot. It isn’t quite clear why the Zohar relates these two. It speaks of purple being a fusion of right and left, perhaps referring to the fact that purple (or more accurately, magenta) is a result of a mixing of red and blue. This relates to the dual nature of Shavuot, having received on that day the two parts of the Torah (Written and Oral), and later the Two Tablets, in the month whose astrological sign is the dual Gemini. There is a theme of twos, of rights and lefts coming together. We might add that Shavuot is traditionally seen as a sort of “wedding” between God and the Jewish people, with the Torah being the ketubah, and Mt. Sinai serving as the chuppah.
The sixth ingredient, tola’at shani, red or “crimson” wool, corresponds to the little-known holiday of Tu b’Av. Although the Mishnah (Ta’anit 4:8) states that on Tu b’Av the young single ladies of Israel would go out in white dresses to meet their soulmates, the Zohar suggests that they also wore crimson wool, based on another Scriptural verse (Lamentations 4:5).
Tu b’Av is actually the last holiday that the Zohar mentions. The remaining nine ingredients correspond to the nine days after Rosh Hashanah, through Yom Kippur, ie. the “Days of Repentance”. This brings up a big question: The Zohar relates the ingredients of the Mishkan to the major Torah holidays: Rosh Hashanah and Yom Kippur, and the three Pilgrimage festivals (Pesach, Shavuot, Sukkot). Naturally, it omits Chanukah, Purim, the fasts and minor holidays, which are not explicitly spoken of in the Torah. So, why does it mention Tu b’Av? Before we even begin to answer this question, we should already recognize the huge significance of Tu b’Av, strangely one of the most oft-forgotten holidays on the Jewish calendar.
Tu b’Av: a Torah Holiday
The holidays that are not explicitly commanded by God in the Torah were all instituted by future Sages. Purim was instituted by Esther and Mordechai, and first celebrated in Persia. Yet, the Talmud tells us that the majority of the Sages in the times of Esther and Mordechai initially rejected their call to establish Purim as a holiday! (See Yerushalmi, Megillah 6b-7a.) Interestingly, historians and archaeologists have not found a single Megillat Esther among the thousands of Dead Sea Scrolls and fragments, suggesting that the Jews who lived in Qumran did not commemorate Purim. Clearly, it was still a point of contention as late as two thousand years ago.
Chanukah, meanwhile, is not found in the Tanakh at all. Although two Books of Maccabees exist, the Sages did not include them in the final compilation of the Tanakh. Similarly, the later Sages of the Mishnaic and Talmudic era did not find it fit to have a separate tractate for Chanukah, even though there is a separate tractate for every other big holiday.
The fast days are not festivals, but sad memorial days instituted by the Sages to commemorate tragic events. Tu b’Shevat appears to have no Scriptural origins. Yet, Tu b’Av does. The Talmud (Ta’anit 30b) tells us that one of the historical events that we commemorate on Tu b’Av is the fact that the tribe of Benjamin was permitted to “rejoin the congregation of Israel”. In the final chapters of the Book of Judges, we read how a civil war emerged in Israel, pitting all the tribes against Benjamin because of the horrible incident where a woman was brutally raped in Gibeah. The tribe of Benjamin was subsequently cut off from Israel, with their men forbidden from marrying women of other tribes. The ban was eventually lifted on Tu b’Av. The men of Benjamin were told:
“Behold, there is a festival of God from year to year in Shiloh, which is on the north of Bethel, on the east side of the highway that goes up from Bethel to Shechem, and on the south of Lebonah.” And they commanded the children of Benjamin, saying: “Go and lie in wait in the vineyards; and see, and, behold, if the daughters of Shiloh come out to dance in the dances, then come out of the vineyards, and take every man his wife of the daughters of Shiloh, and go to the land of Benjamin…” (Judges 21:19-21)
The Tanakh is clearly describing what the Talmud says would happen on Tu b’Av, when the young ladies would go out to dance in the vineyards to find their soulmates. The exact Scriptural wording is that this day is a chag Adonai, “festival of God”. This is precisely the term used by Moses during the Exodus (Exodus 10:9), possibly referring to Pesach, or more likely to Shavuot (as Rabbeinu Bechaye comments). It is also the term used later in the Torah to describe Sukkot (Leviticus 23:39). Thus, Tu b’Av is evidently a Torah festival, too! And this is why the Zohar singles it out from all the other, “minor” holidays. It seems Tu b’Av is not so minor after all.
The Zohar concludes its passage on Terumah by saying that although we do not have the ability to offer Terumah today, and there is no Mishkan for us to build, we nonetheless have an opportunity to spiritually offer up these ingredients when we celebrate the holidays associated with them. When one wholeheartedly observes Rosh Hashanah, it is as if they offered up gold in the Heavenly Temple, and during Yom Kippur one’s soul brings up silver. Over the days of Sukkot, there is an offering of copper up Above, and on Pesach it is techelet; on Shavuot, argaman, on Tu b’Av, tola’at shani, and on the Days of Repentance the remaining ingredients. On these special days, we help to construct the Heavenly Abode. And this is all the more amazing when we remember that Jewish tradition maintains the Third Temple will not need to physically be built as were the first two, but will descend entirely whole from Heaven.