The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Naso, notes that the Torah issued numerous warnings against the prohibition of Sherasim – eating insects. He writes that a person who eats a Sheretz Ha’mayim – forbidden aquatic creatures – is liable to four sets of Malkot (lashes) for each creature, whereas one who eats a Sheretz Ha’aretz – an insect that lives on the ground – is liable to five sets of Malkot. Finally, he notes, one who eats a Sheretz Ha’of – a flying insect – is liable to six sets of Malkot for every insect eaten. The Ben Ish Hai also emphasizes that ingesting these forbidden creatures contaminates the soul, as the Torah warns in issuing this prohibition, "Ve’nitmetem Bam" ("you will be defiled through them" – Vayikra 11:43).
There is a dispute among the authorities in defining the category of Sheretz Ha’aretz with respect to this prohibition. The Ben Ish Hai rules that if an insect grows in a fruit or vegetable while the fruit or vegetable is still attached to the ground, then it is forbidden even if it has no room to crawl. This is in contrast to the view of the Shulhan Aruch, who held that the prohibition of Sheretz Ha’aretz applies only to creatures that have crawled, as indicated in the Torah’s formulation of this law – "Sheretz Ha’shoretz" ("insects that swarm" – Vayikra 11:42). If the insect grows in a small, enclosed area inside a fruit or vegetable, such that it does not have the ability to move, then, according to the Shulhan Aruch, it does not fall under the Torah prohibition of Sherasim. This is also the ruling of Hacham Ovadia Yosef, who noted that there are certain beans in which insects occasionally grow while the bean is still attached to the ground, but the insects have no room to move. These beans would not have to be checked, because these creatures do not fall under the Torah prohibition of Sherasim.
