Gid Ha’nasheh: Non-Kosher Animals

Q. Does the prohibition of gid ha’nasheh apply to a non-kosher species of animals such as horses or pigs?

A. The Rambam (Hilchos Maachalos Assuros 8:5) writes that the prohibition of gid ha’nasheh does not apply to non-kosher species. One might imagine that nonetheless there is a Torah prohibition to eat the gid ha’nasheh of a horse, because of the overall prohibition to not consume non-kosher animals. That, however, is not the case. There is a general principle that the Torah prohibition to eat non-kosher does not apply to items which are “aino roui l’achila” (inedible). The gid ha’nasheh is a non-edible sinew, therefore although the animal is not kosher the prohibition does not extend to the gid ha’nasheh. Nonetheless, there is a Rabbinic prohibition to eat inedible parts of a horse or pig and this would apply to the gid ha’nasheh as well.

The Rif, Rosh and Tur as well as Shulchan Aruch (YD 65:5) do not discuss the status of the gid ha’nasheh of a non-kosher animal. Rather they write that the gid ha’nasheh of animals is forbidden. Sefer Tiferes L’Moshe (YD 65) infers from their omission that they argue with the Rambam and hold that the prohibition of gid ha’nasheh applies to both kosher and non-kosher animals. However, the Taz (YD 64:1) writes that all agree that the prohibition of gid ha’nasheh does not apply to non-kosher species and he offers an explanation why this exclusion was not stated explicitly. The Aruch Hashulchan (YD 65:15) rules this way as well.

Based on the above, the following surprising halachah emerges. If one is ill and must choose between eating the gid ha’nasheh of a cow or the gid ha’nasheh of a horse, they must choose the horse. The gid ha’nasheh of a cow is Biblically prohibited, while the gid ha’nasheh of a horse is Rabbinically forbidden, and it is preferable to violate the less stringent prohibition.

______________________________________________________

The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.