Charles Ellicott Commentary Leviticus 11:13

"And these ye shall have in abomination among the birds; they shall not be eaten, they are an abomination: the eagle, and the gier-eagle, and the ospray," — Leviticus 11:13 (ASV)

You shall have in abomination among the fowls. —The third of the four great divisions of the animal kingdom—namely, the birds of the air, in accordance with their proper sequence—is discussed in Leviticus 11:13-19. It will be seen that, while in the case of the two preceding divisions of the animal kingdom certain signs are given by which to distinguish the clean from the unclean animals, in the division before us a list is simply given of the birds which are unclean and prohibited.

This absence of all criteria is all the more remarkable, since after some of the birds mentioned it is added after his kind, or after her kind (Leviticus 11:19), thus showing that kindred species were included in the prohibition, and that it was left to those who had to administer this law, to lay down some general signs by which the proscribed species are to be known.

Hence, the following rules prevailed during the Second Temple period. Those birds are unclean:

1. Which snatch their food in the air and devour it without first dropping it on the ground;
2. Which strike with their talons and press down the prey to the ground with their foot, and then tear off pieces with their beak for consumption;
3. Which “divide their feet” when standing on an extended rope or branch, placing two toes on one side and two on the other, and not three in front and one behind;
4. And whose eggs are equally narrow or equally round at both ends, and have the white in the middle and the yolk around it.

The eagle. —As the king of the birds, the eagle stands first in the list. It denotes here all the species of the eagle proper. Arabian writers, scientific travelers, and the most distinguished naturalists, concur in their testimony that the eagle eats carrion when it is still fresh, thus harmonizing with the description in Job 39:10, Proverbs 30:17, Matthew 24:28, and others.

The assertion, therefore, that the bird here meant is the Egyptian vulture, because the eagle disdains dead bodies and feeds only on what it kills itself, is erroneous. Besides the kindred dialects, all the ancient versions and the best Hebrew scholars place it beyond a doubt that Nesher here denotes eagle. Afterwards, however, the carrion-kite and the golden vulture were also reckoned among the different species of eagles. Hence the allusion in Micah 1:16.

The ossifrage. —That is, the bone-breaker, or simply the breaker, is the literal translation of the expression here used in the original, which only occurs again in the parallel passage in Deuteronomy 14:12. It is most probably the bearded griffin or lammergeier, which unites in itself the eagle and the vulture, and is therefore aptly called gypaëtus or vulture-eagle, and appropriately stands in the list here between the eagle and the vulture. The fitness of its name may be seen from its habits. It takes the bones of animals, which other birds of prey have denuded of the flesh, up into the air and then lets them fall upon a well-selected projecting rock, and thus literally breaks them in order to get at their marrow, or to render the fragments of the bones more digestible.

And the ospray, or sea-eagle. It is about the size of the golden-eagle, and preys principally upon fish, but also occasionally on birds and other animals, and when its extreme voracity is not satisfied, will devour the most putrid carrion. Hence its place in the catalogue of unclean birds. The word only occurs again in the parallel passage, Deuteronomy 14:12.