Talmud - Hullin 90a חולין צ׳ א׳

Evidently, the limbs of the body are formed before the nerves and sinews, and therefore the prohibition of eating sacrificial animals precedes the prohibition of eating the sciatic nerve.

The Gemara answers: Even though the prohibition of eating sacrificial animals precedes the prohibition of eating the sciatic nerve, the prohibition of eating the sciatic nerve comes and takes effect upon the offspring of consecrated animals, because the prohibition of eating the sciatic nerve adds an extra stringency in that it applies also to descendants of Noah. The prohibition of eating the sciatic nerve was in effect from the time Jacob wrestled with the angel (see Genesis 32:25–33), before the Torah was given. At that time, Jacob and his sons had the status of descendants of Noah, i.e., gentiles. Therefore, the prohibition of eating the sciatic nerve is broader than the prohibition of eating meat of sacrificial animals, which took effect only when the Torah was given.

The Gemara challenges this answer: Whom did you hear holds in accordance with this reasoning? It is Rabbi Yehuda, cited in a later mishna (100b). But the mishna here is not in accordance with the opinion of Rabbi Yehuda, as it teaches that the prohibition of eating the sciatic nerve applies to domesticated animals and to undomesticated animals, to the thigh of the right leg and to the thigh of the left leg. By contrast, Rabbi Yehuda holds that the prohibition applies only with regard to the sciatic nerve in the thigh of one leg (see 90b).

The Gemara explains: The tanna of this mishna holds in accordance with the opinion of Rabbi Yehuda with regard to one halakha, i.e., that the prohibition of eating the sciatic nerve applies to the descendants of Noah, and disagrees with his opinion with regard to one halakha and holds that the prohibition applies to the sciatic nerves of both legs.

The Gemara challenges: Say that you heard that Rabbi Yehuda rules that the prohibition of eating the sciatic nerve takes effect in addition to the prohibition with regard to a non-kosher animal, which is a prohibition punishable by lashes. Since the prohibition of the sciatic nerve is broader in that it applies to the descendants of Noah, it takes effect even though the animal is already prohibited as being not kosher. But in the case of sacrificial animals, whose consumption by an impure person is a prohibition punishable by karet, did you hear that Rabbi Yehuda considers the prohibition of eating the sciatic nerve more stringent, such that it takes effect even though the animal is already prohibited? Therefore, this answer is rejected.

The Gemara offers an alternative answer: Rather, here in the mishna we are dealing with a non-sacred animal giving birth to its firstborn, which becomes sanctified as it leaves the womb. The mishna teaches that although the prohibition of eating the sciatic nerve does not apply to the offspring of sacrificial animals, because their sacrificial status renders them prohibited for consumption before the prohibition of the sciatic nerve takes effect, that is not the case with regard to a firstborn. The sanctified status of a firstborn takes effect only as it leaves the womb, which is after the prohibition of the sciatic nerve takes effect.

And if you wish, say instead that the mishna is dealing with the offspring of all sacrificial animals, and this tanna holds that such animals are sanctified only when they come into being as independent creatures, i.e., at birth. Consequently, the prohibition of the sciatic nerve takes effect before the animal becomes prohibited at the time of its birth; or, according to the opinion that the sciatic nerve is permitted in a fetus, the two prohibitions take effect simultaneously.

§ Having addressed the need for the mishna to state that the prohibition of eating the sciatic nerve applies with regard to sacrificial animals, the Gemara discusses which types of sacrificial animals are included in this prohibition. Rabbi Ḥiyya bar Yosef says: The Sages taught that the prohibition of the sciatic nerve applies only with regard to sacrificial animals that are eaten, e.g., sin offerings, guilt offerings and peace offerings; but with regard to sacrificial animals that are not eaten, e.g., burnt offerings, the prohibition of the sciatic nerve does not apply. And Rabbi Yoḥanan says: The prohibition of the sciatic nerve applies both with regard to sacrificial animals that are eaten and with regard to sacrificial animals that are not eaten.

Rav Pappa said: Rabbi Ḥiyya bar Yosef and Rabbi Yoḥanan do not disagree; they are merely referring to different cases. Here, Rabbi Yoḥanan says that the prohibition of the sciatic nerve applies with regard to flogging one who eats it. There, Rabbi Ḥiyya bar Yosef says that the prohibition of the sciatic nerve does not apply with regard to bringing the meat of the animal up to the altar, i.e., offerings that are burned on the altar are brought up with the sciatic nerve. Burning the sciatic nerve on the altar is not comparable to eating it and is not prohibited.

There are those who say that Rav Pappa said as follows: Rabbi Ḥiyya bar Yosef and Rabbi Yoḥanan do not disagree; they are merely referring to different cases. Here, Rabbi Ḥiyya bar Yosef says that the prohibition of the sciatic nerve does not apply to burnt offerings, in that one is not required to remove it before burning the offering on the altar. There, Rabbi Yoḥanan says that the prohibition does apply, in that if one did remove the sciatic nerve, it is prohibited to bring it up onto the altar independently.

Rav Naḥman bar Yitzḥak disagreed with Rav Pappa and said: Rabbi Ḥiyya bar Yosef and Rabbi Yoḥanan disagree with regard to whether it is permitted to bring up the sciatic nerve to the altar even when it remains in the thigh. As it is taught in a baraita: In the verse: “And the priest shall make it all smoke on the altar” (Leviticus 1:9), the term “it all” serves to include the bones, and the sinews, and the horns, and the hooves among those items burned on the altar.

One might have thought that even if they became detached from the flesh of the burnt offering they are burned upon the altar. Therefore, the verse states: “And you shall offer your burnt offerings, the flesh and the blood, upon the altar of the Lord your God” (Deuteronomy 12:27), indicating that only the flesh and the blood are offered upon the altar.

The baraita continues: If it is only the flesh and the blood that are offered on the altar, one might have thought that a priest must first remove the sinews and bones from an offering and only then may he bring up the flesh to be burned upon the altar. Therefore, the verse states: “And the priest shall make it all smoke on the altar,” including the sinews and bones. How can these texts be reconciled? If the sinews and bones are attached to the flesh, they shall ascend. If they became detached from the flesh, then even if they are already at the top of the altar, they shall descend.

The Gemara comments: And who is the tanna that you heard, who said if they became detached from the flesh, they shall descend? It is Rabbi Yehuda HaNasi, as it is taught in a baraita: In the verse that states: “And the priest shall make it all smoke on the altar,” the term “it all” serves to include the bones, and the sinews, and the horns, and the hooves among those items burned on the altar, and that is the halakha even if they became detached from the flesh of the offering.

The baraita continues: But if so, how do I realize the meaning of the verse: “And you shall offer your burnt offerings, the flesh and the blood, upon the altar of the Lord your God” (Deuteronomy 12:27), which indicates that only the flesh and blood of an offering are offered on the altar? It is referring to parts of the offering that become dislodged from the fire. How so? If the partially consumed flesh of a burnt offering is dislodged from the altar, you return it to the fire, but you do not return the partially consumed sinews and bones that become dislodged.

The baraita continues: Rabbi Yehuda HaNasi says that one verse states: “And the priest shall make it all smoke on the altar,” which included sinews and bones. And one verse states: “And you shall offer your burnt offerings, the flesh and the blood,” which excluded any part other than the flesh and the blood. How can these texts be reconciled? If the sinews and bones were attached to the flesh, they shall ascend. If they became detached from the flesh, then even if they are already on top of the altar, they shall descend.

The Gemara explains their dispute: And the Rabbis hold that with regard to sinews and bones that are attached to the flesh it was not necessary for a verse to include the obligation to bring them up to the altar. It is clear that they must be brought up, just as it is the halakha that the head of a burnt offering, which contains many bones, is brought up, as stated explicitly in the verse: “And Aaron’s sons, the priests, shall lay the pieces, and the head, and the fat, in order upon the wood that is on the fire that is upon the altar” (Leviticus 1:8). When a verse was necessary it was for the case where the sinews and bones became detached from the flesh. Consequently, when the verse uses the inclusive phrase “it all,” it is to include sinews and bones that became detached.

But Rabbi Yehuda HaNasi holds that with regard to sinews and bones that are attached to the flesh and that are permitted to be eaten,

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Chullin 90a examines why the sciatic nerve prohibition overrides consecrated animal offspring, tracing its origin to Jacob predating the Torah at Sinai.