Kosher and Non-Kosher Fish and the Kingklip-Eel

The halachik rule for determining if a fish is kosher, is derived from the Bible (Leviticus Chapter 11 sentences 9-12). The fish must have kosher scales and fins. The scientific definition of scales is different from the halachik definition of scales. A fish that has halachik scales has a fin, therefore, if there are scales on part of the fish, it is kosher, for we assume that the other part, which is not present, has the fin. The scales of a fish tell us that it is a descendant of the original kosher species of fish that was created on the fifth day of Creation. GD, our creator, did not create fish, birds, or animals through the process of one species evolving from another species because any species born to a non- kosher species is not kosher even if it appears to be kosher.

Scales vary in size, shape, thickness, and flexibility. The most common scales are Cycloidal scales that have smooth borders. Centoid scales have rough comb-like borders. Scales grow from pockets in the skin, growth being marked by rings. Fishes have no scales when they are hatched but grow them within their first year, and some species grow them within their second year.

The kosher scale must be more or less smooth on top, not like the Placoid scales of a shark that protrude above the skin like teeth. Ganoid scales are heavy and plate-like. The scales must be hard like a nail on a finger and not soft and flexible like skin. They must be able to be peeled like the skin of a fruit, which peels off without any part of the fruit sticking to it. Therefore, if the bottom of the scale is attached to the skin and skin is removed when peeling off the scale, this scale is not a kosher scale. The scales must be felt as protrusions upon the skin. This, however, is not regarded as proof of kosher scales; it is just one of the requirements of kosher scales. If the scales overlap one another, one will feel the end of the scales that is on top of and protruding from the scales underneath it. The scales must be similar to a garment that covers its body, not like the scales of some types of eels whose scales are located under a thick epidermis that is not transparent and must be cut away in order to view it. Furthermore, the scales of eels feel soft like a piece of skin not like the nail of a finger, and they do not overlap one another, therefore one does not feel them. These eel scales cannot be compared to those of known kosher fish that are covered only by a very thin, transparent membrane, which is easily torn off the fishe's body. This membrane is not considered an epidermis, and the fish scales are visible, therefore, the scales are considered a garment-like covering of the fish. Eel scales are described as scales because they grow like scales and their shape somewhat resembles scales, however, they do not function as most fish scales do.

If the scales are stuck to each so that they cannot be peeled off in order to examine them, then there several methods to solve the problem. If the fish is still tossing back and forth, then one should put the fish into a clean tank with the expectation that the force of its movements will tear off some scales. Another method used when the fish is no longer moving is to place it in boiling water until the scales loosen and then may be removed for inspection. Another method is to cut out a piece of skin with the scales and cut away, starting from the back meaty side first, so that when one reaches the scales one can see if the body of the scales is stuck to the skin or not.

There is a species of kosher fish that shed their scales in the water when they are caught before leaving the water, so that when the fish is seen being brought out of the water, it appears without scales. Usually, there are some markings on the skin that show that scales once grew out of that place, but this is not considered proof that the fish is kosher since we must examine the scales to determine if they are kosher scales. The question is, how do we determine if the fish had kosher scales? The method used is to prepare a clean cloth or bag and while one is in the water catch a fish that is similar to the one in question in the bag. If it shed its scales into the cloth or bag and they are found to be kosher, then we register its ID referring to the amount of vertebrae, and the sum of rays and spine bones in its fins, and the number of rows of scales. Afterwards, any fish caught that resembles this fish is inspected, if its ID matches, it is kosher.

If a fish of a kosher species was caught at a very young age before it grew scales, it is kosher, because it was born to a kosher fish. If a fish was seen by reliable inspectors to have scales when it was caught but it shed its scales when it was taken from the water, that fish is kosher, but if it was not seen to have scales, it is not permitted to eat it even if it is the same species. If it sheds its scales by itself in the water, then even if one recognizes that this fish once had scales it is not permitted because one can err between similar looking fish.

It is forbidden to eat kosher fish that congregate with similar type of non-kosher fish because they are caught together and are easily mistaken as kosher fish. If however there is reliable Rabbinical supervision from the time the fish are caught until they are put into a sealed box to be shipped to the consumer, then they are permitted.

Some authorities are of the opinion that if the kashrus of a piece of fish is in question and there are two kosher signs, one is that its head is not flat, and the other is backbone recognition, both together testify that it is kosher. Conversely, if its head is flat and it does not have a backbone, both together testify that it is not kosher, and a chef would not be trusted to testify that it is kosher.

When a fish has been prepared, if it had scales it is removed, therefore, the kashrus status of the fish is in question. Likewise, if a very young fish is caught that is eligible to grow scales and it is not identified as a non-kosher fish, then the questionable kosher status of the fish may be resolved through fish ID by identifying it with a kosher species. This is different from examining its scales, because if it has kosher scales we know it is kosher even if we do not know its species. If its head is flat and it does not have a backbone (vertebrae), then it is a non-kosher fish even if the chef claims it had kosher scales, because these non-kosher signs are strong enough evidence to contradict his testimony and its questionable kosher status is not resolved, therefore we say that it came from the majority of fish which are non-kosher. If the head was removed during its preparation but we are able to see that it does not have a backbone, or if only the head was prepared and it was flat and we cannot tell if it had a backbone, then we have only one sign that it is not kosher, then the chef would be believed to say that it is kosher. If, because of the preparation, we do not know if the fish had scales or a backbone, and the chef is not available to testify, then the fish is prohibited because most fish are not kosher. Until now we discussed the signs of a non-kosher fish. However, halachikly today, we have no one to teach us what is considered a fish with a flat head, or a fish whose head is not flat.

According to the commentary the "Rosh", the only reliable evidence that can contradict the chef is fish ID that can show without a doubt that the fish is from a specific non-kosher species. The aforementioned two signs are not enough if they rely only on the simple fact that the fish lacks a backbone without any other backbone ID, and that its head is flat. Therefore, if the chef is not available to inquire about the kashrus of the fish, it is not kosher because most fish are not kosher and because there are two signs that it is not kosher.

There are experts who can tell the species of the fish from its external and internal body characteristics without knowing whether the head is flat. Fishes do not have scales when they are hatched, but most scales fish develop scales during their first year. Scales grow from pockets in the skin, growth being marked by rings. Therefore, if the fish shed its scales in the water when it was caught, then we would be able to see marks on the skin where the scales grew. Nevertheless, the scales must be examined to see if they are kosher. The methods for ID of fish are, the structure of its teeth; the number of rows of scales, and the details of these scales; the number of rays in its fins, the shape and size of the fins, and its position on the body; and the structure of its tail. Any fish without a backbone and vertebrae has a Dorsal nerve cord, running along its back from the brain to the tail through a central cavity called a neurocoel. They also have a Notochord instead of a backbone. A Notochord is a rod of living cells ventral to the central nervous system and dorsal to the alimentary canal. The Notochord dries up after death. Sharks and Rays do not have a backbone or bones; their skeletons consist of cartilage hardened by lime, and they have small tooth-like placoid scales. Fish without a backbone are not bony fish and they primarily rely on their muscular strength controlled by their central nervous system to swim in the oceans, rivers, and lakes. The more muscular fish can survive in turbid water. Furthermore, over ninety percent of the fish are Teleostei or bony fish. These fish are constructed with a backbone composed of vertebrae, also described as a vertebral column with a Dorsal nerve cord. The backbone ends where the tail begins, effecting more balance in the tail. The fins have a bony spine within, with the exception of the eel which has no spine but has a backbone. Some species of bony fish have scales. Therefore, to determine whether a bony fish is kosher, we have more methods of ID. These methods are, the number of vertebrae of the fish and the structure of the vertebrae; and the number of bony spines in the fin and its structure.

Fish species ID depends on the person examining the fish and his ability to clarify the question through an expert. After examining the fish part or fish, the individual may be in question as to the species of the fish, or he may feel that the odds are that it is either a kosher or a non-kosher species, or that it is definitely a kosher or non-kosher fish. If he is sure that the ID of the fish is that of a non-kosher fish, then he may testify against the chef who claims it to be kosher. DNA testing would be a very reliable method of determining the species of the fish when the method is developed and tested and accepted by the experts. There is DNA testing to determine who is the father and mother, however, testing to know which specie does the fish belongs to may be compared to testing to know to which race one belong's.

According to those authorities who disagree with the "Rosh". The signs of a kosher fish are, that it does not have a flat head and that it has a backbone. As far as having a backbone, this alone cannot be a sign of a kosher fish since most non-kosher fish have backbones. We must conclude that it is the backbone structure that is considered ID, either the number of vertebrae in the fish or the actual structure of each vertebra. In regards to the case where we have only part of the fish, then we cannot count the number of its vertebrae and must examine the structure of the vertebrae. If the odds are that it is from a kosher species and its head is not flat, then the fish is kosher although the majority of fish are not kosher. If, however, the head of the fish is flat, then we do not rely on his expertise in vertebrae structure to override the non- kosher sign of having a flat head, and the fish remains in question and is prohibited because most fish are not kosher. If a very young fish is caught that is eligible to grow scales and it is not identified as a non-kosher fish, we count the vertebrae of the fish for ID that it belongs to a kosher species. However, if the head of the fish is flat then we question the ID of the number of vertebrae in the fish, it may be a non-kosher species not known to us that has the same number of vertebrae, and the fish remains in question and is prohibited because most fish are not kosher. The same rule would apply if the head of the fish is not flat but the structure of the vertebrae resemble that of a non-kosher species of fish, or if its head is flat but the number of vertebrae is the same as that of a kosher species, the fish remains in question and is prohibited because most fish are not kosher. If the vertebrae appear to be of an unknown species, and it does not have a flat head, then the sign of the head contradicts the fact that most fish are not kosher, and the fish is prohibited because a questionable Biblical prohibition is prohibited. However, today, we are familiar with all the kosher and non-kosher fish and this information is available by fish specialists.

According to the commentary the "Rosh", the only reliable evidence that is accepted to conclude that the fish is kosher is fish ID that can show without a doubt that the fish is from a specific kosher species, and the aforementioned two signs of a kosher are not enough ID if he feels that they testify only that the odds are that it is from a specific kosher species, because most fish are not kosher. Therefore, the fish remains questionably kosher and is consequently prohibited. If a fish has a flat head but all other ID testify that it is kosher, this raises the probability that it is an unknown species and most fish are not kosher. If the head was removed during preparation, one may rely on the other ID so long as there is no contradiction between them.

In conclusion, the fish species of the eel and their related family are not kosher for the reasons explained before. This includes the Kingklip also named Pink-Ling, in Latin Genypterus blacodes or Genypterus capenses, of the Cusk-eel family of eels. Their so called scales are hidden under a thick non-transparent epidermis; their scales are minute and soft as skin, and they do not overlap one another, therefore, one does not feel their scales. Their tail resembles that of a snake without tail-fins. They do not have a bony spine in their fins.

As a general rule, orthodox Jews do not eat these species of fish because they are not kosher. There are several exceptions to this rule. The kashrut organization of the Rabbinate of South- Africa allows the Kingklip fish to be sold as non-mehadrin, meaning that its kashrut status is disputed. However, major Rabbinical authorities in South-Africa forbade the Kingklip, this includes Rabbi Moshe Sternbach, shelitah who signed on the prohibition with the Beth-Din- Tzedek of Jerusalem. In 1972 the kashrut department of the State of Israel issued a statement that the Kingklip fish is kosher. This decision was only that of the aforementioned department heads, they did not show this fish to the world renowned major Rabbinical authorities in Israel, North-America, and Europe, for them to decide. The Kingklip was thereafter imported and it was served in hotels and restaurants until several years ago (about 5763 or 2003) when the increase in price motivated them to stop importing the fish. However, anyone willing to pay the price can have Kingklip served, and if the price drops it will be again on the menus of Israeli hotels and restaurants. Although the hotels and restaurants in Israel kosher their cooking and eating utensils in preparation for the Passover festival, nevertheless, if they served the Kingklip after Passover the cooking and eating utensils are no longer kosher.

During the Jewish year of 5765 (2005) the Kingklip issue came to public attention through a "Yated" newspaper article that said that the Kingklip fish was shown to major Rabbinical authorities in Israel and to the major NGO kashrus organizations and they decided that it is a non-kosher fish.

When this matter came to the attention of the Agudas-Harabanim (Union of Orthodox Rabbis of U.S.A. and Canada), they were very concerned for orthodox Jews who visit Israel and patronize their hotels and restaurants. In the summer of 5765 (2005) the Agudas- Harabanim sent a letters to the two Chief Rabbis of Israel stating that they accept the decision of the major Rabbinical authorities that the Kingklip and Pink-Ling are non-kosher fish, and are requesting that the Rabbinat of Israel register these fish as non- kosher fish forbidden to be served in Israel in kosher establishments.

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