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From: Rabbi Tal Zwecker <tal.zwecker@gmail.com>
Date: 3/5/20 2:47 AM (GMT-06:00)
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MUSK see Ramban, Rav Saadaih Gaon on Chumash The pasuk, at the start of Ki Sisa, reads:
23. "And you, take for yourself spices of the finest sort: of pure myrrh
citted below from http://parsha.blogspot.com/2011/02/mor-dror-as-musk.html
"The mefarshim are in consensus, and Rabbi Moshe (=Rambam in Hilchot Klei Hamikdash, perek 1 halacha 2) among them, that mor is that thing called musk. And Rabbi Avraham {Ibn Ezra} rejoined that it is not a spice even though its odor is good, and perhaps because of this the Scriptures separated it from the spices. And he asked that it is stated {in Shir Hashirim 5:1} 'I have gathered my mor", such that it is a gathered substance, while those who bring it state that it is made in the throat of the deer! And further, from the verse {Shir HaShirim 5:5} "and my hand dripped with mor", and perhaps it is so when it is wet.
And it is possible that it states "I gave gathered my mor" because it is blood gathered in the belly of the wild animal similar to the deer known in the land of India, and when it goes between the bushes in the days of the great heat, it scratches against this mass {Chavel renders this as 'the sac' but he has no basis for this}, and the blood comes out as this thickened mass and they gather it from the meadow. And it states "and my hands dripped with mor", for the verse compares its scent as if one's hands dripped because of that scent, with globules of water {Iyov 31:27}.
And others {=the Raavad, in Hilchot Klei HaMikdash, perek 1 halacha 3} say: how could the blood of a non-kosher wild species enter into the incense and the holy oil? This is also no question, for this wetness which is gathered in it from the abundance of blood, such that it flows from it in its lifetime has neither ritual impurity nor disgusting aspect.
Now, what of the Raavad's point, that the musk is a chayah temei'ah? The Ramban, in rejecting it, simply says that this blood flowing from it in its lifetime has no ritual impurity nor disgusting aspect. Is the musk deer, though, kosher?
To cite Wikipedia:
Musk deer may be a surviving representative of the Palaeomerycidae, a family of ruminants that is probably ancestral to deer. They first appeared in the early Oligocene epoch and disappeared in the Pliocene. Most species lacked antlers, though some were found in later species. The musk deer are however still placed in a separate family.
Thus, they are ruminants, meaning they chew their cud. From what limited research I could do, it seems that they also have split hooves If so, they should be kosher. On the other hand, they have tusks, which appear to be fangs. (See image to the right.) Fangs would seem to be an impediment to a species being kosher. This, based on the Gemara in Chullin 59
(e) (Gemara - Beraisa): These are the Simanim of Tahor animals: "The hooves are split..." - any animal that chews the cud surely has no upper teeth, and is Tahor.
(f) Objection: This is not always true - a camel chews the cud and has no upper teeth, but it is Tamei!
(g) Answer #1: A camel has two upper teeth (or tooth-like protrusions.) (Tosfos - this answer is incomplete, it does not answer for rabbits (the Gemara later asks about rabbits). Rashba - we currently understand the Beraisa to say 'Any animal that chews the cud *and* has no upper teeth is Tahor', this answer is complete.)
1. Objection #1: But a young camel (chews the cud and) does not have any upper teeth (and is Tamei)!
2. Objection #2: But rabbits and Shafanim chew the cud, have upper teeth and are Teme'im! (Some identify Shafan with a hare, rock-badger, or a kind of woodchuck.)
3. Objection #3: The Torah does not say that Taharah depends on upper teeth!
(h) Answer #2 (to all questions): The Beraisa means, if an animal has no upper teeth, it surely chews the cud and has split hooves and is Tahor.
(i) Question: Why must we look for teeth to know about the hooves - one can see whether or not the hooves are split!
(j) Answer: This rule is needed when the hooves are cut off; it suffices to check the mouth.
1. (Rav Chisda): If one finds an animal in the wilderness whose hooves are cut off, he checks the mouth; if there are upper teeth, it is Tamei; if not, it is Tahor;
i. He may rely on this only if he knows that the animal is not a camel.
ii. Question: Camels have two upper teeth, the rule works for camels!
iii. Correction: Rather, he must know that it is not a young camel.
iv. Question: Just like young camels are exceptions to the rule, perhaps there are more exceptions!
v. Answer (Beraisa - Tana d'Vei R. Yishmael): "The camel, for it chews the cud" - the Torah lists the only Tamei animals that chew the cud, all others that chew the cud are Tehorim.
vi. (Chazal knew that any animal without upper teeth chews the cud. Seemingly, we should be concerned for exceptions to this rule, for the Torah did not teach it! Perhaps it is impossible to chew food sufficiently without upper teeth, unless it has been partially digested in a stomach.)
Perhaps these tusks would be considered upper teeth, just like the fangs of the camel. Yet this was a general rule of Rav Chisda, and perhaps he was unaware of the particulars of the musk deer.
I'll close with the following quote, about a machlokes about the kashrus status of musk, in a debate between the Rosh and Rabbenu Yonah:
The question of when an ingredient is nishtaneh (changed) and becomes a new ingredient was the basis of a dispute between the Rosh and Rabbenu Yonah regarding musk, an aromatic substance that originates from the blood, or other secretion, of the male Musk Deer, the Rosh contends that an ingredient that changes its identity remains assur, and the Rabbenu Yonah is lenient. The Pri Megadim in Orach Chaim 216 concludes that if the aissur is a d'rabbanan, then it is appropriate to be lenient; if the aissur is prohibited min ha'Torah, then it is appropriate to be machmir. The degree to which something must be changed to qualify for nishtaneh was not precisely defined in earlier generations, but somePoskim have noted that both a chemical change and a change in the taste is required (see Teshuvos Shevat HaLevi, 5, 56)
23. "And you, take for yourself spices of the finest sort: of pure myrrh
citted below from http://parsha.blogspot.com/2011/02/mor-dror-as-musk.html
"The mefarshim are in consensus, and Rabbi Moshe (=Rambam in Hilchot Klei Hamikdash, perek 1 halacha 2) among them, that mor is that thing called musk. And Rabbi Avraham {Ibn Ezra} rejoined that it is not a spice even though its odor is good, and perhaps because of this the Scriptures separated it from the spices. And he asked that it is stated {in Shir Hashirim 5:1} 'I have gathered my mor", such that it is a gathered substance, while those who bring it state that it is made in the throat of the deer! And further, from the verse {Shir HaShirim 5:5} "and my hand dripped with mor", and perhaps it is so when it is wet.
And it is possible that it states "I gave gathered my mor" because it is blood gathered in the belly of the wild animal similar to the deer known in the land of India, and when it goes between the bushes in the days of the great heat, it scratches against this mass {Chavel renders this as 'the sac' but he has no basis for this}, and the blood comes out as this thickened mass and they gather it from the meadow. And it states "and my hands dripped with mor", for the verse compares its scent as if one's hands dripped because of that scent, with globules of water {Iyov 31:27}.
And others {=the Raavad, in Hilchot Klei HaMikdash, perek 1 halacha 3} say: how could the blood of a non-kosher wild species enter into the incense and the holy oil? This is also no question, for this wetness which is gathered in it from the abundance of blood, such that it flows from it in its lifetime has neither ritual impurity nor disgusting aspect.
Now, what of the Raavad's point, that the musk is a chayah temei'ah? The Ramban, in rejecting it, simply says that this blood flowing from it in its lifetime has no ritual impurity nor disgusting aspect. Is the musk deer, though, kosher?
To cite Wikipedia:
Musk deer may be a surviving representative of the Palaeomerycidae, a family of ruminants that is probably ancestral to deer. They first appeared in the early Oligocene epoch and disappeared in the Pliocene. Most species lacked antlers, though some were found in later species. The musk deer are however still placed in a separate family.
Thus, they are ruminants, meaning they chew their cud. From what limited research I could do, it seems that they also have split hooves If so, they should be kosher. On the other hand, they have tusks, which appear to be fangs. (See image to the right.) Fangs would seem to be an impediment to a species being kosher. This, based on the Gemara in Chullin 59
(e) (Gemara - Beraisa): These are the Simanim of Tahor animals: "The hooves are split..." - any animal that chews the cud surely has no upper teeth, and is Tahor.
(f) Objection: This is not always true - a camel chews the cud and has no upper teeth, but it is Tamei!
(g) Answer #1: A camel has two upper teeth (or tooth-like protrusions.) (Tosfos - this answer is incomplete, it does not answer for rabbits (the Gemara later asks about rabbits). Rashba - we currently understand the Beraisa to say 'Any animal that chews the cud *and* has no upper teeth is Tahor', this answer is complete.)
1. Objection #1: But a young camel (chews the cud and) does not have any upper teeth (and is Tamei)!
2. Objection #2: But rabbits and Shafanim chew the cud, have upper teeth and are Teme'im! (Some identify Shafan with a hare, rock-badger, or a kind of woodchuck.)
3. Objection #3: The Torah does not say that Taharah depends on upper teeth!
(h) Answer #2 (to all questions): The Beraisa means, if an animal has no upper teeth, it surely chews the cud and has split hooves and is Tahor.
(i) Question: Why must we look for teeth to know about the hooves - one can see whether or not the hooves are split!
(j) Answer: This rule is needed when the hooves are cut off; it suffices to check the mouth.
1. (Rav Chisda): If one finds an animal in the wilderness whose hooves are cut off, he checks the mouth; if there are upper teeth, it is Tamei; if not, it is Tahor;
i. He may rely on this only if he knows that the animal is not a camel.
ii. Question: Camels have two upper teeth, the rule works for camels!
iii. Correction: Rather, he must know that it is not a young camel.
iv. Question: Just like young camels are exceptions to the rule, perhaps there are more exceptions!
v. Answer (Beraisa - Tana d'Vei R. Yishmael): "The camel, for it chews the cud" - the Torah lists the only Tamei animals that chew the cud, all others that chew the cud are Tehorim.
vi. (Chazal knew that any animal without upper teeth chews the cud. Seemingly, we should be concerned for exceptions to this rule, for the Torah did not teach it! Perhaps it is impossible to chew food sufficiently without upper teeth, unless it has been partially digested in a stomach.)
Perhaps these tusks would be considered upper teeth, just like the fangs of the camel. Yet this was a general rule of Rav Chisda, and perhaps he was unaware of the particulars of the musk deer.
I'll close with the following quote, about a machlokes about the kashrus status of musk, in a debate between the Rosh and Rabbenu Yonah:
The question of when an ingredient is nishtaneh (changed) and becomes a new ingredient was the basis of a dispute between the Rosh and Rabbenu Yonah regarding musk, an aromatic substance that originates from the blood, or other secretion, of the male Musk Deer, the Rosh contends that an ingredient that changes its identity remains assur, and the Rabbenu Yonah is lenient. The Pri Megadim in Orach Chaim 216 concludes that if the aissur is a d'rabbanan, then it is appropriate to be lenient; if the aissur is prohibited min ha'Torah, then it is appropriate to be machmir. The degree to which something must be changed to qualify for nishtaneh was not precisely defined in earlier generations, but somePoskim have noted that both a chemical change and a change in the taste is required (see Teshuvos Shevat HaLevi, 5, 56)
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