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8 [1] [The prohibition against partaking of] the *gid hanesheh* applies with regard to kosher domesticated animals and wild beasts, even *nevelot* and *trefot*. It applies to a fetus and to animals that have been consecrated, both those consecrated [for sacrifices] of which we partake and for sacrifices of which we do not partake. It applies to [the *gid*] on the right thigh and that on the left thigh.
According to Scriptural Law, only [the *gid*] on the hip socket is forbidden, as [Genesis 32:33] states: "which is on the hip-socket." The remainder of the *gid* which is above the socket or below the socket - and similarly, the fat which is on the *gid* - are forbidden only according to Rabbinic decree. There are two *giddim*. The inner one next to the bone is forbidden according to Scriptural Law. The entire outer one is forbidden by Rabbinic decree. [2] When a person partakes of the inner *gid hanesheh* on the socket, he is liable for lashes. If he partakes of the fat [of the *gid*], the remainder of the inner *gid*, or the entire outer one, he is liable for stripes for rebellious conduct.
What is the measure of which one must partake to be liable? An olive-sized portion. If one ate the entire *gid* on the socket, one is liable, even though it is less than an olive in size. The rationale is that it is considered as a self-contained entity. [3] When a person eats an olive-sized portion of the *gid* on the right side and an olive-sized portion of the *gid* on the left side, or he ate two entire *giddim* even if they are not the size of an olive, he receives 80 lashes. He is given lashes for every *gid* independently. [4] The prohibition against *gid hanesheh* does not apply with regard to a fowl, because it does not have a [round] hip-socket. Instead, its thigh is long [and flat]. If there is a fowl whose thigh is shaped like that of the thigh of an animal, i.e., it has a hip-socket, its *gid hanesheh* is forbidden, but one is not liable for lashes, because of it. Similarly, when there is an animal whose thigh is long like that of a fowl, its *gid hanesheh* is forbidden, but one is not liable for lashes for it. [5] When a person eats the *gid hanesheh* from a non-kosher domesticated animal or wild beast, he is not liable. [The rationale is that this prohibition] does not apply with regard to a non-kosher animal, only with regard to an animal that is entirely permitted. Nor is he considered as one who partook of the remainder of its body, for the *gid* is not included as meat, as we explained. If, however, one partakes of the fat on the *gid* [of a non-kosher] animal, it is considered as if one ate from its meat. [6] When a person partakes of a *gid hanesheh* from a* nevelah*, a *trefe*, or an animal consecrated as a burnt offering, he is liable for two [sets of lashes]. Since [the prohibition] includes the remainder of its body which was permitted, it also includes the *gid* and causes another prohibition to be added to it. [7] One who removes the *gid hanesheh* must ferret out all traces of it until nothing remains. A butcher's word is accepted with regard to the* gid hanesheh*, just as it is accepted with regard to forbidden fat. [Accordingly,] we do not purchase meat from every butcher, [only from] an upright man who has established a reputation for observance. If he slaughters meat himself and sells it, his word is accepted. [8] Where does the above apply? In the Diaspora. In *Eretz Yisrael*, by contrast, when it is populated entirely by [Torah-observant] Jews, meat may be purchased from anyone. [9] [The following rules apply when] a butcher is considered as trustworthy to sell meat, but it is discovered that he sold meat that was *nevelah* or* trefe*. He must return the money to its owners. He is placed under a ban of ostracism and is removed from his position.
There is no way that he can correct [his act] so that people [will be allowed] to purchase meat from him until he goes to a place where his identity is unknownand returns a lost object of significant worth or slaughters an animal for his own self and has it declared *trefe* although it involves a significant financial loss. For these actions indicate that he certainly repented without any [intent to] deceive. [10] When a person purchases meat and sends it via a common person, [the latter's] word is accepted with regard to it. Although he has not established a reputation for Torah observance, we do not suspect that he will exchange [the meat for a non-kosher cut]. Even the servants and maidservants of the Jews are trusted with regard to such a matter. A gentile, by contrast, is not [trusted], for we fear that he will exchange [the meat]. [11] [The following rule applies when there are] ten stores, nine sell kosher meat and one sells *nevelot*. If one purchased meat from one of these stores and did not know which one he purchased from, [the meat] is forbidden. [The rationale is that] whenever [the presence of a forbidden entity] is firmly established, the situation is considered as half and half.
If, however, meat is found cast away in the street, [it is judged] according to the majority. For [we follow the assumption:] Anything that was separated, separated from the majority. If the majority of sellers were gentile, [the meat] is forbidden. If the majority were Jewish, it is permitted. [12] Similarly, when meat is found in the hand of a gentile and it is not known from where he purchased it, if [the majority of] the sellers of meat were Jewish, it is permitted.
This reflects the ruling according to Scriptural Law. [Nevertheless,] our Sages have already forbidden any meat found in the marketplace or in the possession of a gentile even though all the slaughterers and all the sellers are Jewish. Moreover, even if one purchased meat, left it in his house, and it disappeared from one's sight, it is forbidden unless it had a distinguishing mark, he was familiar with it and could recognize it definitely as [the piece of meat lost], or it was bound and sealed. [13] [The following rule applies when] one hung a container filled with pieces of meat, the container broke, and the pieces fell to the earth. If there is no distinguishing mark [on the meat] and he was not able to recognize it, it is forbidden. [The rationale is that] it is possible to say that the meat that was in the container was dragged away by a wild beast or creeping animal and this is other meat. [14] It is permitted to derive benefit from a *gid hanesheh*. Therefore it is permissible for a person to send a thigh which contains a *gid hanesheh* to a gentile. He may give him the entire thigh intact in the presence of a Jew. We do not suspect that [the other] Jew will partake of this meat before the *gid* is removed, because its place is recognizable. Accordingly, if the thigh was cut into pieces, he should not give it to a gentile in the presence of a Jew, lest the other Jew partake of it. [15] Wherever the Torah states: "Do not eat," "You shall not eat," "They shall not eat," or "It shall not be eaten," the intent is that it is forbidden both to partake of or benefit from the forbidden entity unless:
a) a verse explicitly states otherwise, as it does with regard to a *nevelah* [Deuteronomy 14:21]: "Give it to the stranger in your gate and he shall partake of it," or with regard to forbidden fat [Leviticus 7:24]: "You may use it for any task"; or
b) the Oral Law states explicitly that it is permitted to benefit from it, as is the case with regarding to teeming animals, swarming animals, blood, a limb from a living animal, and the *gid hanesheh*. For according to the Oral Tradition, it is permitted to benefit from all these prohibited entities, even though it is forbidden to partake of them. [16] Whenever it is forbidden to benefit from a substance, if a person derives benefit without partaking of it, e.g., he sold or gave to a gentile or gave it to dogs, he is not liable for lashes. He should, however, be given stripes for rebellious conduct. The money [he received] is permitted.
Whenever it is forbidden to partake of a substance, but it is permitted to benefit from it, even though it is permitted to benefit from it, it is forbidden do business with such articles or establish oneself in a profession that involves forbidden entities. [There is] an exception, forbidden fat, for concerning it, it is written: "You may use it for any task." For this reason, we do not do business with *nevelot, trefot*, teeming animals, and swarming animals. [17] When a trapper happens upon a non-kosher wild animal, fowl, or fish, and he snares them or he traps both kosher and non-kosher animals, he may sell them. He may not, however, intend to have his profession concern non-kosher species.
It is, however, permitted to do business with milk that was milked by a gentile without being observed by a Jew, cheeses made by gentiles, and the like. [18] This is the general principle: Whenever a prohibition is forbidden by Scriptural Law, it is forbidden to do business with it. Whenever the prohibition is Rabbinic in origin, it is permitted do business with it, whether we are certain of the existence of the prohibition or it is a matter of question.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC