The hare, because he cheweth the cud, but divideth not the hoof, There is little doubt that the same animal as our hare is meant. Neither the hare, however, nor the hyrax chews the cud in the strict sense of the words.
But they have the appearance of doing so. The rule respecting chewing the cud was given to and by Moses as a legislator, not as an anatomist, to serve as a sign by which animals might be known to be clean for food.
Phenomenal not scientific language is used here, as in Joshua 10:12, "as we might speak of whales and their congeners as fish, when there is no need of scientific accuracy" (Clark). "All these marks of distinction in the Levitical law are wisely and even necessarily made on the basis of popular observation and belief, not on that of anatomical exactness.
Otherwise the people would have been continually liable to error. Scientifically, the camel would be said to divide the hoof, and the hare does not chew the cud. But laws for popular use must necessarily employ terms as they are popularly understood.
These matters are often referred to as scientific errors; whereas they were simply descriptions, necessarily popular, for the understanding and enforcement of the law" (Gardiner).