Parsha Halacha
“Pharaoh instructed the Jewish midwives, Shifrah and Puah, to kill all the male children born to the Jewish people. The girls were to be spared. The midwives feared G-d and did not listen to his instructions and allowed the male children to live.”
The killing of creatures which do not reproduce-Fleas and Lice:[1]
One is only liable for removing life-force on species of creatures which reproduce and are created through [the union of] a male and female, however insects which are created from [the bacteria found in] feces and from spoiled fruits and the like, such as for example worms [that grow] in flesh and like [the] worms which are found in legumes, then one who kills them exempt [from liability].[2]
The reason for this is:[3] because in the Tabernacle the taking of a life was only done to rams, techashim and chilazon which are [creatures] that reproduce and are born from a [union of] male and female.
Killing creatures which are created from earth:[4] Nevertheless [killing] the flea contains the [Biblical prohibition] of taking a life even though it is created from earth and does not reproduce, because all [creatures] that are created from earth have vitality as if they were created from male and female, as initially all creatures were created from earth as it says [in the Torah] “And G-d said let the earth extract….etc.”.[5]
Killing lice:[6] What is considered a flea? This is a black insect which jumps. However, the white insect that crawls is called lice and is permitted to kill it on Shabbos being that it is [created] from sweat.
Killing lice when checking one’s clothing for them:[7] However this [allowance] only refers to when one happens to find a lice on his flesh or [happens to] find it on his clothes. However, one who is [in the process of] cleaning his clothing of lice then he may [only] squeeze them with his fingers [without killing them] and throw them (even into water[8]). However, it is forbidden to kill it with his hands as since he is cleaning his clothing of lice, we suspect that he may come to also find fleas and also kill them.
Killing lice when checking one’s hair for them:[9] However, when checking one’s head [for lice] it is permitted for him to kill the lice with his hands being that fleas are not commonly found on one’s head.
Removing lice from skins:[10] One may not remove lice form the skins of fox and the like being that [in the process] one removes hair from the skin which contains the sheering prohibition, and although it is done unintentionally, nevertheless it is an inevitable occurrence [and is thus forbidden].
Summary:[11]
The general rule: It is only Biblically forbidden to kill creatures which were born from a male and female union, or which were spontaneously created from earth such as fleas. However, killing a spontaneous creation not created from earth does not contain a Biblical prohibition [However regarding if doing so contains a Rabbinical prohibition, see Q&A.]
May one kill lice? Yes, as lice reproduce through sweat and not through male and female union. [See Q&A 3]
May one check someone’s hair for lice on Shabbos? Yes, and one may also kill them in the process. [However, he may not do so using a lice comb being that it pulls out hair in the process.[12]]
May one check clothing for lice on Shabbos? Yes, although he may not kill them with his hands upon doing so. As well, it is Biblically forbidden to remove lice from animal skins.
May one kill fleas? No, as they are created from earth which has the equivalent life-force to having been created through a male and female.
May one kill worms that grow in meat and inside legumes? One is not Biblically liable for doing so [although it is Rabbinically forbidden to do so according to some opinions as will be explained below in the Q&A.]
Q&A
May one kill insects that are born from waste but have ability to reproduce through male and female?[13]
It is disputed amongst Rishonim whether it is possible for creatures that were not created from male and female have ability to reproduce.[14] Practically, such insects are included within the Biblical prohibition.[15]
May one today kill lice even though we see with our own eyes that it lays eggs?
The vast majority of Halachic authorities[16], including the Lubavitcher Rebbe[17], rule that the laws of the Torah are not negotiable, and thus once the ruling has been given that lice are permitted be killed being that they are born from sweat, this is the final ruling both for leniency and stringency irrelevant to what scientists and biologists may say. However, there are opinions[18] which say that in light of the scientific and biological discovery that lice reproduce, it is proper to be stringent and not kill the lice today. [See note[19]]
May one kill insects that were created from rotting fruits and meat?
Although doing so does not contain a Biblical prohibition as stated above, there is discussion as to whether it contains a Rabbinical prohibition. Some Poskim[20] rule that doing so is permitted, just like lice. Others[21] rule that it is Rabbinically forbidden, and so is implied from Admur.[22]
May one kill insects that have grown within fruits prior to them having spoiled?
If they grew on the fruits while attached to the tree then it is forbidden to kill them.[23] Others[24] go on to further say that even if they grew when detached, but prior to spoilage of the fruit, they are forbidden to be killed.[25] It is possible to learn this way in Admur as well.[26]
[1] Admur 316:20; Shabbos 12a and 107b; Michaber 316:9
Other opinions: The Gemara ibid brings the opinion of Rebbe Eliezer and Beis Shamaiy that one is liable on all creatures, even if it does not reproduce.
[2] Admur ibid; M”A 316:20; Rambam 11:2
The Mishneh Berurah adds the following: a) It is nevertheless Rabbinically forbidden [unlike the opinion of the Magid Mishneh brought in the Magen Avraham which holds here that it is completely permitted] and it is only by lice that the Sages completely permitted killing it because it was created from sweat or because it is repugnant.] b) It is only Biblically permitted if it grows while off the tree and after the food has spoiled. However, if it grew while on the tree or before the food has spoiled then it is included in the Biblical prohibition. [See Mishneh Berurah and Biur Halacha on Halacha 9] See Q&A below
[3] Admur ibid; Gemara ibid; M”B 316:38
[4] Admur ibid; Gemara ibid; Michaber ibid
[5] Admur ibid; Ran M”B ibid
[6] Admur ibid; Shabbos ibid; Michaber ibid
[7] Admur ibid; Michaber ibid; Rosh 1:29
Other opinions: Some Poskim rule it is permitted to check and kill lice even of clothing. [Rashi; Ramban; Ran; Ritva, Chaim Tzanzer, Elya Raba, brought in Biur Halacha 316:9 “Lo Yehargem”]
[8] Admur ibid [parentheses in original, in Mareh Mekomos of Admur it says “See Rosh Vetzaruch Iyun Gadol”; See Ketzos Hashulchan 122 footnote 6]; M”A 316:21; M”B 316:42; See Elya Raba; Chaim Tzanzer brought in Biur Halacha 316 “Lo Yehargeim”
Other opinions: Some Poskim rule one may not throw the lice in the water. [Elya Raba 316, brought in P”M 316 A”A 21]
[9] Admur ibid; Michaber ibid
[10] Admur 316:21; M”A 316:21
[11] Admur 316:20
[12] Admur 303:27
[13] Biur Halacha 316:9 “Mutar”
[14] The Rambam in Sefer Hamitzvos Lo Sasei 178 holds that so long as the insect was not created from spoiled waste, such as insects created in fruits of a tree, then it can reproduce. The Ramban however in his Hasagos Shiresh 9 argues that such an insect can never reproduce.
[15] Opinion of Admur: In the beginning of 316:20 Admur states that only if the creature is both created by a male and female and also reproduces do we say one is liable. This implies that if t either does not reproduce, or was not created by a male and female [even if it does reproduce] then he is not liable. However, In the middle of 316:20 Admur writes “Nevertheless [killing] the flea contains the [Biblical prohibition] of taking a life even though it is created from earth and does not reproduce” hence implying that only if the creature is both created spontaneously and does not reproduce, do we say it is exempt. Vetzaruch Iyun
[16] Rav Dessler in Michtav Eliyahu vol. 4 page 355, Opinion of Rav Yehuda Bril brought in Pachad Yitzchak “Tzeida”, and many other Poskim listed in Yalkut Yosef Vol. 4 chapter 316.
[17] Brought in Sharreiy Emunah chapter 43
There the Rebbe states the following rules regarding scientific studies that contradict the teachings of Torah:
1) Science is based on theories and not facts, and thus one cannot distort or change the simple interpretation of the words of our Sages which are the words of the Living G-d which states the absolute truth, based on conclusions developed from un-provable and merely theoretical hypothesis of a human.
2) However, when science has come to a conclusion based on an absolutely provable fact then within the allegorical sections of the Talmud there is room to interpret the sayings in deviation of their simple meaning.
3) However, when it comes to the legal aspects of the Torah then there is no room for deviation at all from its simple meaning, irrelevant to what scientific study has proven with human intellect, and thus the Halacha is to be taken literally for all matters. Regarding this specific issue the Rebbe there states that he has thoroughly investigated the topic of spontaneous generation while in Paris with the greatest professors in this field, and although there are studies which have showed that creatures which in the past were believed to have generated spontaneously in truth were reproduced through male and female, nevertheless they have no conclusive evidence that such a concept does not exist. Furthermore, there are many biologists which firmly believe that organisms can be created from inanimate items.
[18] Pachad Yitzchak 10 “Tzeida” p. 21; Sheivet Hakehasy, brought in Piskeiy Teshuvos 316 and Yalkut Yosef ibid
[19] Authors personal thoughts:
A question on the first opinion: If science has today “proven” that lice are reproduced through male and female then why do we not simply say that this is not the species of lice referred to by the Sages, and thus there is no contradiction and it is thus forbidden to kill the species of lice that does reproduce.
- Seemingly the answer to this question is that tradition-which is as authentic as Halacha- has it that these lice are the same lice referred to always and thus there is no room for compromise.
A question on the dissenting opinions and their scientific facts: To my knowledge studies have not proven that sweat does not take a pivotal role in the development and growth process of the egg while in the mother lice and after it has been laid. Perhaps then this is the meaning behind the saying of the Sages that the lice are created from sweat, and there is thus no proven contradiction to the saying of the Sages. If so there is no room at all to be stringent against the ruling of the Sages of all generations.
[20] Magen Avraham 316:20, based on Magid Mishna on Rambam 11:2
[21] Mishneh Berurah 316:41, based on Lechem Mishna ibid, and so is brought in Peri Megadim A”A 20.
[22] From fact a) omits the clear ruling of Magen Avraham that it is permitted. B) simply states that one is exempt as opposed to permitted as he writes by lice.
[23] Magen Avraham 316:20, however, see Peri Megadim ibid that questions this saying either way it should still be permitted being that the insects were not created from the earth. However, the Biur Halacha negates this proving clearly that insects which were grown within a fruit when attached are considered grown from the earth.
[24] Biur Halacha Leharga
[25] As all bugs that are created from fruit prior to deterioration are able to have offspring. [Biur Halacha ibid]
[26] From the fact that Admur mentions the wording of the Rambam which only mentions the allowance by spoiled fruits, and completely omits the ruling of the M”A that allows it when detached. Perhaps this is coming to teach that even when detached it is forbidden so long as the fruit has not yet spoiled.
