Is a Penguin Kosher?

(13) The following you shall abominate among the birds—they shall not be eaten, they are an abomination: the eagle, the vulture, and the black vulture; (14) the kite, falcons of every variety; (15) all varieties of raven; (16) the ostrich, the nighthawk, the sea gull; hawks of every variety; (17) the little owl, the cormorant, and the great owl; (18) the white owl, the pelican, and the bustard; (19) the stork; herons of every variety; the hoopoe, and the bat.

(11) You may eat any clean bird. (12) The following you may not eat: the eagle, the vulture, and the black vulture; (13) the kite, the falcon, and the buzzard of any variety; (14) every variety of raven; (15) the ostrich, the nighthawk, the sea gull, and the hawk of any variety; (16) the little owl, the great owl, and the white owl; (17) the pelican, the bustard, and the cormorant; (18) the stork, any variety of heron, the hoopoe, and the bat.

MISHNA: The signs that indicate that a domesticated animal and an undomesticated animal are kosher were stated in the Torah, and the signs of a kosher bird were not explicitly stated. But the Sages stated certain signs in a bird: Any bird that claws its prey and eats it is non-kosher. Any bird that has an extra digit behind the leg slightly elevated above the other digits, and a crop, which is a sack alongside the gullet in which food is stored prior to digestion, and for which the yellowish membrane inside its gizzard can be peeled, is kosher. Rabbi Elazar, son of Rabbi Tzadok, says: Any bird that splits the digits of its feet when standing on a string, placing two digits on one side of the string and two on the other, is non-kosher.

(1) The signs of a kosher bird are not explained from the Torah, rather it only enumerated the non-kosher types, and the permitted types of birds. And the prohibited types, 24 were mentioned in the Torah (See: Rambam Forbidden Foods 1:14)

(2) Anyone who is an expert in those types and their names, behold he eats all of the birds that are not from them, and he doesn't need checking. (Ibid.) And a kosher bird is eaten according to tradition, and that is the clear thing in that place that it is a kosher bird. And the hunter is believed saying: This bird, my hunting rabbi permitted for me, since that hunter is known to be in an expert in non-kosher types that are mentioned in the Torah and their names. Someone who does not know them and does not know their names, he should check the signs: every bird that is a bird of prey and he eats [it], and it is known that it is of non-kosher types. And if he does not know if it is a bird of prey or not, if, when they stand it up with wire, split along its legs, two fingers here and two fingers here, or it is [a bird that] clutches from the air and he eats [it], it is known that it is a bird of prey. If it is known that it is not a bird of prey, there are three signs of [its] kosher [status]: an extra finger, a crop [digestive pouch near gullet], and its gizzard is peeled by hand, excluding if it was only peeled with a knife. (See the Mechaber) If it hardened and was attached, and he placed it in the sun and it healed and then it was peeled by hand, behold this is a sign of [it being] kosher. And even though it has these three signs, it should not be eaten, because we are concerned lest it is a bird of prey, rather, unless they have a tradition that was transmitted to them by their ancestors that it is kosher. (See Rambam Forbidden Foods 1:18).

(3) There are those who say that all birds that have a wide beak and the palm of its foot is wide like a goose, and it is known that it is not a bird of prey, and is permitted to eat if it has the three signs on its body. Gloss: And there are those who say that we don't rely even on this, and one should only eat a bird with an accepted tradition that it is kosher (in the Arukh...) and we are accustomed to this and it should not be changed.

(4) One who is from a place that they are accustomed to a prohibition with a single bird because they do not have a tradition, and he went to a place where they do have a tradition, he is able to eat it in the place where he went, even if his intention to return. And if he went from a place that does have a tradition and he went to a place that does not have a tradition, it is permitted for him to eat it.

(5) If the rest of the places that do not have a tradition are able to eat it relying upon the place that does have a tradition, there is one who forbids and there is one who prohibits. And there is [a reason] to be concerned regarding the words of the one who prohibits.