He that eateth — Unwittingly, for if he did it knowingly, it was a presumptuous sin against an express law, Deuteronomy 14:21, and therefore punished with cutting off.
Related Commentaries of Leviticus 11:40
Leviticus 11:40
40 And he that eateth of the carcase of it shall wash his clothes, and be unclean until the even: he also that beareth the carcase of it shall wash his clothes, and be unclean until the even.