Ask the Expert: Eating Non-Kosher Food

How does punishment work in contemporary Jewish communities?


Question: What is the punishment for eating non-kosher food?
–Barbara, Indiana

the expertAnswer: It depends who you ask, Barbara. If you ask my grandmother, for instance, the punishment is getting your mouth washed out with soap. But I’m pretty sure that particular punishment is not the official position of Jewish law.

There are places in the Torah where we read about specific punishments that are set out for specific crimes. For instance, the biblical punishment for desecrating Shabbat is death (Exodus 35:2), and the biblical punishment for incest is karet (Leviticus 18:29)–which the rabbis interpret as some kind of spiritual excision from the Jewish people.

In terms of kashrut, the Torah specifies that the punishment for eating fats found on the flanks and certain internal organs of domesticated kosher animals (helev) or animal blood is also karet. But besides these two forbidden animal products, the Torah does not specify a punishment for consuming other non-kosher items, such as non-kosher animals or animals not slaughtered properly.

The rabbis in the Talmud discussed and clarified the punishments for various transgressions, including those not explicit in the Torah. They determined that most negative commandments (the “thou shalt nots”) warranted makkot, or 39 lashes. Eating non-kosher food falls into this category (Hullin 102; Maimonides, Laws of Forbidden Foods 2:2).

There was a time when the Jewish legal system, headed by the Sanhedrin, handed down punishments, and they might have punished someone who ate non-kosher food with 39 lashes, assuming the necessary preconditions for lashes were in place (two witnesses could testify to the transgression; the transgressor was adequately warned before he/she transgressed).

However, it’s not clear that 39 lashes were ever regularly meted out by the Sanhedrin. Much more common as a form of punishment were makot mardut, which is literally translated as whippings of chastisement, and in practice was a judicially mandated beating or flogging. In An Introduction to the History and Sources of Jewish Law, Neil S. Hecht notes that makot mardut were commonly administered through the Geonic period, which lasted until 1038 CE.

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