ב”ה
A look at Sanhedrin 59a, and the difference between Gemara and Halacha
The question
The Torah forbids a non-Jew to eat a limb from a living animal (ever min hachai). But what about blood from a living animal (dam min hachai)? Is that also forbidden for the Bnei Noach?
To understand the answer, we first need two words: Gemara and Halacha.
Gemara and Halacha: what is the difference?
The Torah was revealed in two forms: the Written Torah and the Oral Torah.
The Written Torah is the Five Books of Moses, which form the first part of the Tanakh (Hebrew Bible). The Oral Torah contains the explanations, interpretations, and legal traditions transmitted by the Sages.
Much of the legal content of the Oral Torah was compiled in the Mishnah, around 200 CE. However, the Mishnah is written in a very concise style, sometimes making it difficult to understand without further explanation.
The Gemara records the extensive discussions of later Sages about the Mishnah and related teachings. It contains questions, arguments, explanations, stories, and differing opinions. Together, the Mishnah and Gemara form the Talmud.
Halacha means Jewish law as it applies in practice. Over the centuries, rabbinic authorities examined the discussions and conclusions of the Talmud and organized Jewish law into practical legal codes, such as Maimonides’ Mishneh Torah and the Shulchan Aruch. Later authorities continued to clarify how these laws apply to new circumstances.
Halacha comes from the Gemara, but not only from there. It also comes from later sources, such as the Rambam, the Tur, the Shulchan Aruch and its commentaries. In addition, the responsa (written answers) of great Halacha authorities throughout the generations are part of it. This means that nowadays Jewish law is not decided from the Gemara alone.
Also, not every statement in the Gemara is final Halacha. The Gemara records many different opinions, and some of them were not accepted in mainstream Halacha.
In short: The Gemara is where much of Jewish law is discussed and analyzed. It shows the source and the reasoning behind a law. Halacha is the law that emerges from the authoritative legal tradition and tells us what to do in practice.
May you drink blood from a living animal? The opinions
The verse says: “Only flesh with its life, which is its blood, you shall not eat” (Genesis 9:4). Everyone agrees this verse forbids a limb from a living animal. The question is whether it also forbids blood from a living animal.¹
Opinion 1: Rabbi Chanina ben Gamliel says: yes, blood is also forbidden.
He reads the verse as two sentences: “Flesh with its life you shall not eat; blood with its life you shall not eat.” For him, a Ben Noach may not eat or drink blood from a living animal. He also uses Deuteronomy 12:23 (“Only be steadfast in not eating blood”) for this.²
Opinion 2: The Rabbanan (the other Rabbis who were the majority in this argument) say: no, blood from a living animal is not forbidden to the Bnei Noach.
For them the word “blood” in Genesis 9:4 has another purpose. It teaches that a limb from a living creeping animal is allowed, because its blood is not seen as separate from its flesh. They say Deuteronomy 12:23 does not prove a Noahide prohibition either. It teaches another law, for Jews: the prohibition of blood from bloodletting, blood through which the soul departs.³
Opinion 3: Rabbi Weiner (The Divine Code) follows the Rabbanan, but adds a personal limit.
He writes that blood from a living animal is not part of the prohibition. A non-Jew may drink blood that was already taken from a living animal. He may also make an animal bleed if he needs the blood for health reasons. But he may not make an animal bleed in order to drink the blood as ordinary food. His reason is different from Rabbi Chanina’s: it is the suffering of the animal. If the blood was already collected this way, he may drink it after the fact.⁴
Rabbi Weiner also explains that taking a small amount of blood, in a way that will surely not kill the animal, is allowed when there is a real need. The Torah does not forbid causing pain to an animal when a person truly needs it.
Which opinion do we follow, and why?
We follow the Rabbanan, because the Halachic authorities received as tradition that in this case we do not accept Rabbi Chanina’s opinion as law (Rambam, Kesef Mishna, Radvaz, Kiryat Sefer). Rabbi Weiner also follows them but adds his own limit. So by law, blood from a living animal is not part of the Noahide prohibition. Only the limb is forbidden.
Can a Ben Noach still refrain from drinking blood?
Yes. The fact that something is allowed in the Torah does not mean you have to do it. The only problem would come up if you assume you were commanded not to eat.
What about black pudding?
Black pudding (blood sausage) is made from the blood of an animal that was killed, usually at the slaughter. This is a different question from the one in Sanhedrin 59a, which speaks about blood from an animal that is still alive.
For a Ben Noach, the prohibition is on a limb from a living animal (ever min hachai). Blood from an animal that was already killed is not part of this prohibition. The verse about blood, Deuteronomy 12:23, is addressed to Jews.⁶
So, as far as I understand, there is no Noahide prohibition on black pudding. There is one point that needs care: it is not always clear how to see blood at the exact moment of slaughter, when the animal is dying but not yet dead. If this question is important for you, please ask a rabbi who knows the laws of the Bnei Noach.⁷
Summary
| Who | Says | Do we follow? |
|---|---|---|
| Rabbi Chanina ben Gamliel | Blood from a living animal is forbidden, because the verse says “blood with its life you shall not eat” | No, but it is a reason for care l’chatila |
| The Rabbanan | Not forbidden; the verses teach other things | Yes |
| Rabbi Weiner | Not forbidden, but do not make an animal bleed to drink it as ordinary food, because the animal suffers | Yes, as practical guidance |
| Blood from a killed animal (black pudding) | Not a Noahide prohibition, but ask a rabbi about the moment of slaughter | See the section above |
- Limb from a living animal: forbidden.
- Blood from a living animal: not forbidden by law.
- L’chatila it is better not to, b’dieved it is allowed.
- A small amount of blood, without risk to the animal, for a real need: allowed.
- Taking on the stricter opinion as a personal chumra: in principle possible, but ask a rabbi.
By Angelique Sijbolts
With thanks to Rabbi Tuvia Serber and Rabbi Tani Burton for the feedback
Footnotes
- Sanhedrin 59a.
- Sanhedrin 59a, the baraita on Deuteronomy 12:23.
- Sanhedrin 59a; see also Keritot 20b. On creeping animals, see Sanhedrin 59b.
- Rabbi Moshe Weiner, The Divine Code, 4th edition, p. 243.
- Rambam, Mishneh Torah, Hilchot Melachim 10:9. Please check this source and the conclusion with a rabbi.
- Sanhedrin 59a; see also Keritot 20b.
- See also Rabbi Moshe Weiner, The Divine Code, on the laws of blood and the killing of animals for food. The exact place and ruling still need to be checked.
- See also Rambam: Mishneh Torah, Kings and Wars 9:10 and Kessef Mishneh and Kiryat Sefer
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