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Rambam - 1 Chapter a Day

Tum'at Tsara'at - Chapter 11

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Tum'at Tsara'at - Chapter 11

1The purification of a person afflicted with tzara’at is a positive commandment1 and his shaving is also a positive commandment.2 How is a person who had been afflicted by tzara’at purified?3 He should bring a new earthenware container—the Received Tradition teaches that it must be new.4 A fourth of a log5 of “living water” that is fit to be sanctified as water for the sprinkling of the ashes of the red heifer6 is placed in it. This measure is a Rabbinic institution.אטָהֳרַת מְצֹרָע, מִצְוַת עֲשֵׂה; וְתִגְלַחְתּוֹ כְּשֶׁיִּטְהַר, מִצְוַת עֲשֵׂה. כֵּיצַד מְטַהֲרִין אֶת הַמְּצֹרָע? מֵבִיא מִזְרָק שֶׁל חֶרֶס חָדָשׁ; וְקַבָּלָה הִיא שֶׁיִּהְיֶה חָדָשׁ. וְנוֹתֵן לְתוֹכוֹ רְבִיעִית מַיִם חַיִּים הָרְאוּיִין לְקַדֵּשׁ אוֹתָן מֵי חַטָּאת; וְשִׁעוּר זֶה מִדִּבְרֵי סוֹפְרִים.
Two sparrows7 that are kosher must be brought for the sake of purifying a tzara’at affliction,8 as Leviticus 14:4 states: “For the one who is to be purified will be taken....” He should slaughter the healthier of the two over the water in the earthenware vessel and squeeze out the blood until it is apparent over the water. He then digs a hole and buries the slaughtered bird in the presence of the afflicted person. This is one of the points received through the Oral Tradition.וּמֵבִיא שְׁתֵּי צִפֳּרִים דְּרוֹר טְהוֹרוֹת, לְשֵׁם טָהֳרַת צָרַעַת, שֶׁנֶּאֱמַר "וְלָקַח לַמִּטַּהֵר". וְשׁוֹחֵט אֶת הַבְּרוּרָה שֶׁבִּשְׁתֵּיהֶן עַל הַמַּיִם שֶׁבִּכְלִי חֶרֶס, וּמְמַצֶּה עַד שֶׁיִּהְיֶה הַדָּם נִכָּר בַּמַּיִם. וְחוֹפֵר וְקוֹבֵר הַצִּפּוֹר הַשְּׁחוּטָה בְּפָנָיו; וְדָבָר זֶה קַבָּלָה מִפִּי הַשְּׁמוּעָה.
He takes a cedar branch—the mitzvah is that it be a cubit long and a fourth the thickness of a bedpost.9 And he takes a hyssop whose name is not described by an additional term, as we explained,10 that is not less than a handbreadth long, and a crimson11 strand weighing a shekel.12 If one used the dye for another purpose, it is disqualified, as is the rule regarding dyeing wool with blue dye to use for tzitzit.13 All of these measures are laws transmitted to Moses at Sinai. A priest takes the three items mentioned above together with the living fowl. All these four items are fundamental requirements.14 When the cedar branch and the hyssop have been peeled, they are invalid. The hyssop should be bound together with the cedar branch with the crimson thread.15 The tips of the wings and the tips of the tail of the living bird should be held close to them16 and the four should be dipped in the water in the container and the blood floating on top of it. He then sprinkles with them seven times on the back of the hand of the afflicted person and sends away the fowl.וְנוֹטֵל עֵץ אֶרֶז - וּמִצְוָתוֹ שֶׁיִּהְיֶה אָרְכּוֹ אַמָּה, וְעָבְיוֹ כִּרְבִיעַ כֶּרַע מִכַּרְעֵי הַמִּטָּה; וְאֵזוֹב שֶׁאֵין לוֹ שֵׁם לְוַי, כְּמוֹ שֶׁבֵּאַרְנוּ - אֵין פָּחוֹת מִטֶּפַח; וּשְׁנִי תוֹלַעַת, מִשְׁקָלוֹ שֶׁקֶל. וְאִם טְעָמוֹ, פְּסָלוֹ כִּצְבִיעַת הַתְּכֵלֶת. וְכָל הַשִּׁעוּרִים הֲלָכָה. וְלוֹקֵחַ עִם שְׁלָשְׁתָּן הַצִּפּוֹר הַחַיָּה; וְאַרְבָּעָה מִינִין אֵלּוּ מְעַכְּבִין זֶה אֶת זֶה. וְעֵץ אֶרֶז וְאֵזוֹב שֶׁנִּתְקַלְּפוּ, פְּסוּלִין. וְכוֹרֵךְ הָאֵזוֹב עִם הָאֶרֶז בְּלָשׁוֹן שֶׁל זְהוֹרִית, וּמַקִּיף לָהֶן רָאשֵׁי אֲגַפַּיִם וְרֹאשׁ הַזָּנָב שֶׁל צִפּוֹר הַחַיָּה; וְטוֹבֵל אַרְבַּעְתָּן בַּמַּיִם שֶׁבַּכְּלִי וּבַדָּם שֶׁעֲלֵיהֶן, וּמַזֶּה שֶׁבַע פְּעָמִים עַל אַחַר יָדוֹ שֶׁל מְצֹרָע, וּמְשַׁלֵּחַ אֶת הַצִּפּוֹר.
How does he send the fowl away? He stands in the town and casts it outside the wall. He does not turn its head to the sea, to the town, or to the desert, as ibid.:53 states: “Outside the city, towards the field.” If he sends away and it returns, he should send it away again, even 100 times.17וְכֵיצַד מְשַׁלְּחָהּ? עוֹמֵד בָּעִיר וְזוֹרְקָהּ חוּץ לַחוֹמָה. וְאֵינוֹ הוֹפֵךְ פָּנָיו לֹא לַיָּם וְלֹא לָעִיר וְלֹא לַמִּדְבָּר, שֶׁנֶּאֱמַר "אֶל מִחוּץ לָעִיר אֶל פְּנֵי הַשָּׂדֶה". שִׁלְּחָהּ וְחָזְרָה - חוֹזֵר וּמְשַׁלְּחָהּ, אֲפִלּוּ מֵאָה פְּעָמִים.
Afterwards, the priest shaves the afflicted person.18 How does he shave him? He passes a razor over all his skin that is visible including his underarms and pubic region until his entire flesh is smooth like a squash, as ibid.:9 states: “He shall shave all of his hair.”19 If so, why does the verse mention his beard20 and his eye-brows?21 To include everything like them22 and to exclude the hair in the nose, because it is not visible. Afterwards, he “launders” his garments,23 immerses himself, and becomes pure with regard to conveying impurity when he enters a building or to the article on which he lies or sits.24 He may enter within the town’s wall.25 He counts seven days. During them, he is forbidden to engage in physical intimacy, as alluded to by ibid.:8: “outside his tent.”26 This teaches that he is forbidden physical intimacy. A woman afflicted by tzara’at, by contrast, is permitted physical intimacy.וְאַחַר כָּךְ מְגַלֵּחַ הַכֹּהֵן אֶת הַמְּצֹרָע. כֵּיצַד מְגַלְּחוֹ? מַעֲבִיר תַּעַר עַל כָּל בְּשָׂרוֹ הַנִּרְאֶה, אֲפִלּוּ בֵּית הַשֶּׁחִי וּבֵית הָעֶרְוָה, שֵׂעָר שֶׁעַל כָּל הַגּוּף, עַד שֶׁיֵּעָשֶׂה כִּדְלַעַת, שֶׁנֶּאֱמַר "אֶת כָּל שְׂעָרוֹ". אִם כֵּן לָמָּה נֶאֱמַר "רֹאשׁוֹ וּזְקָנוֹ וְגַבֹּת עֵינָיו" - לְרַבּוֹת כָּל כַּיּוֹצֵא בָהֶן, וּלְמַעֵט שֵׂעָר שֶׁבְּתוֹךְ הַחֹטֶם, לְפִי שֶׁאֵינוֹ נִרְאֶה. וְאַחַר כָּךְ מְכַבֵּס בְּגָדָיו, וְטוֹבֵל, וְיִטְהַר מִלְּטַמֵּא בַּבִּיאָה, וּמִלְּטַמֵּא מִשְׁכָּב וּמוֹשָׁב. וְיִכָּנֵס לִפְנִים מִן הַחוֹמָה, וּמוֹנֶה שִׁבְעַת יָמִים. וְאָסוּר בָּהֶן בְּתַשְׁמִישׁ הַמִּטָּה, שֶׁנֶּאֱמַר "מִחוּץ לְאָהֳלוֹ" - מְלַמֵּד שֶׁאָסוּר בְּתַשְׁמִישׁ הַמִּטָּה. וְהַמְּצֹרַעַת מֻתֶּרֶת בְּתַשְׁמִישׁ הַמִּטָּה.
2For the duration of these seven days, he is still considered as a primary source of impurity and imparts impurity to people and to utensils when touching them, but not when being carried by them. This is indicated by Leviticus 14:9 which states: “And it shall be on the seventh day,...27 he shall launder his garments....” This teaches that before then, he imparted impurity to his garments. Just as he would impart impurity to his garments by touching them, so too, he would impart impurity to a person when touching him, for any source of impurity that imparts impurity to garments, imparts impurity to humans.בכָּל שִׁבְעַת הַיָּמִים הָאֵלּוּ, עֲדַיִן הוּא אַב הַטֻּמְאָה, מְטַמֵּא אָדָם וְכֵלִים בַּמַּגָּע, לֹא בַמַּשָּׂא; שֶׁהֲרֵי הוּא אוֹמֵר "וְהָיָה בַיּוֹם הַשְּׁבִיעִי וְכִבֶּס אֶת בְּגָדָיו וְגוֹ'" - מְלַמֵּד שֶׁהָיָה מְטַמֵּא בְגָדִים. וּכְשֵׁם שֶׁהָיָה מְטַמֵּא בְגָדִים בַּמַּגָּע, כָּךְ מְטַמֵּא אָדָם בַּמַּגָּע - שֶׁכָּל הַמְטַמֵּא בְגָדִים, מְטַמֵּא אָדָם.
On the seventh day, the priest shaves him a second time like the first. He “launders” and immerses himself, thus becoming pure with regarding to imparting impurity to others. He is like all those who immersed and will become pure in the evening.28 He may partake of the second tithe.29 After nightfall, he may partake of terumah.30 Once he brings his atonement offerings,31 he may partake of sacrificial foods, as we explained.32וּבַיּוֹם הַשְּׁבִיעִי מְגַלְּחוֹ הַכֹּהֵן תִּגְלַחַת שְׁנִיָּה כָּרִאשׁוֹנָה; וּמְכַבֵּס בְּגָדָיו, וְטוֹבֵל, וְיִטְהַר מִלְּטַמֵּא אֲחֵרִים. וַהֲרֵי הוּא כְּכָל טְבוּלֵי יוֹם, וְאוֹכֵל בַּמַּעֲשֵׂר. הֶעֱרִיב שִׁמְשׁוֹ, אוֹכֵל בִּתְרוּמָה. הֵבִיא כַּפָּרָתוֹ, אוֹכֵל בַּקֳּדָשִׁים, כְּמוֹ שֶׁבֵּאַרְנוּ.
3When he shaves these two times, he must shave only with a razor. If he shaves with something other than a razor or left two hairs, his actions are of no consequence. The shavings should be performed only by a priest. If he left two hairs in the first shaving and shaved them off in the second shaving, he is considered to have performed only one shaving.33 The entire day34 is acceptable for the shaving of a person afflicted by tzara’at.גכְּשֶׁהוּא מְגַלֵּחַ בִּשְׁתֵּי הַתִּגְלָחוֹת, אֵינוֹ מְגַלֵּחַ אֶלָּא בְּתַעַר; וְאִם גִּלַּח שֶׁלֹּא בְתַעַר, אוֹ שֶׁהִנִּיחַ שְׁתֵּי שְׂעָרוֹת - לֹא עָשָׂה כְּלוּם. וְאֵינוֹ מְגַלְּחוֹ אֶלָּא כֹּהֵן. וְאִם שִׁיֵּר שְׁתֵּי שְׂעָרוֹת בְּתִגְלַחַת רִאשׁוֹנָה, וְגִלְּחָן בַּשְּׁנִיָּה - לֹא עָלְתָה לוֹ אֶלָּא תִּגְלַחַת אַחַת בִּלְבָד, וַהֲרֵי הִיא רִאשׁוֹנָה. וְכָל הַיּוֹם כָּשֵׁר לְטָהֳרַת הַמְּצֹרָע.
4The shaving of a person afflicted by tzara’at, his immersion, and sprinkling the blood of the slaughtered bird upon him are not dependent on each other.35 Each of the other actions36 involved in his purification are dependent on each other.דתִּגְלַחַת הַמְּצֹרָע וּטְבִילָתוֹ וְהַזָּאָתוֹ אֵינָן מְעַכְּבוֹת זוֹ אֶת זוֹ; וּשְׁאָר כָּל מַעֲשָׂיו, מְעַכְּבִין.
5The slaughter of the fowl, the shaving, and the sprinkling of the blood must be performed during the day. The remainder of the actions37 may be performed either during the day or at night. The above three must be performed by males. The remainder may be performed by men or by women. The above three must be performed by priests.
The remainder may be performed by priests or Israelites.
השְׁחִיטַת הַצִּפּוֹר וְהַתִּגְלַחַת וְהַהַזָּיָה, בַּיּוֹם; וּשְׁאָר כָּל מַעֲשָׂיו, בֵּין בַּיּוֹם בֵּין בַּלָּיְלָה. אֵלּוּ, בָּאֲנָשִׁים; וּשְׁאָר כָּל מַעֲשָׂיו, בֵּין בָּאֲנָשִׁים בֵּין בַּנָּשִׁים. אֵלּוּ, בַּכֹּהֲנִים; וּשְׁאָר כָּל מַעֲשָׂיו, בֵּין בַּכֹּהֲנִים בֵּין בְּיִשְׂרָאֵל.
6The purification of a person afflicted by tzara’at is carried out in Eretz Yisrael and in the Diaspora, while the Temple is standing and in the era when the Temple is not standing.38 It is a mitzvah for the priest who deemed the person impure to perform his purification as indicated by Leviticus 13:59 which states: “to purify him or deem him impure.” Every one is acceptable to perform the purification of a person afflicted by tzara’at. Even a zav or one who is impure due to contact with a corpse may perform this purification. One person afflicted with tzara’at may not perform the purification for another. Two people afflicted with tzara’at should not be purified at the same time, for mitzvot should not be performed in bundles.39וטָהֳרַת מְצֹרָע זוֹ נוֹהֶגֶת בָּאָרֶץ וּבְחוּצָה לָאָרֶץ, בִּפְנֵי הַבַּיִת וְשֶׁלֹּא בִּפְנֵי הַבַּיִת. וְכֹהֵן שֶׁטִּמְּאוֹ - מִצְוָה לְטַהֲרוֹ, שֶׁנֶּאֱמַר "לְטַהֲרוֹ אוֹ לְטַמְּאוֹ". וְהַכֹּל כְּשֵׁרִין לְטַהֵר אֶת הַמְּצֹרָע - אֲפִלּוּ זָב, וַאֲפִלּוּ טְמֵא מֵת; וְאֵין מְצֹרָע מְטַהֵר מְצֹרָע. וְאֵין מְטַהֲרִין שְׁנֵי מְצֹרָעִין כְּאַחַת, שֶׁאֵין עוֹשִׂין מִצְווֹת חֲבִילוֹת.
7The cedar branch, the hyssop, and the scarlet cord that were used to purify one person afflicted with tzara’at may be used to purify others.40 Similarly, it is permitted to use a fowl that was sent away to purify other people afflicted with tzara’at and it is permitted to be eaten.41 It is, however, forbidden to benefit from the fowl that was slaughtered. From when is it forbidden? From the time that it was slaughtered. When it was slaughtered, but there was no hyssop, cedar branch, or scarlet cord,42 it is nevertheless, forbidden to benefit from the slaughtered fowl. The rationale is that slaughter which is not befitting is still considered as slaughter.43זעֵץ אֶרֶז וְאֵזוֹב וּשְׁנִי תוֹלַעַת שֶׁטִּהַר בָּהֶן מְצֹרָע זֶה, מְטַהֵר בָּהֶן מְצֹרָעִים אֲחֵרִים. וְכֵן צִפּוֹר הַמִּשְׁתַּלַּחַת, מֻתָּר לְטַהֵר בָּהּ מְצֹרָעִים אֲחֵרִים מֵאַחַר שֶׁנִּשְׁתַּלְּחָה; וּמֻתֶּרֶת בַּאֲכִילָה. אֲבָל הַצִּפּוֹר הַשְּׁחוּטָה, אֲסוּרָה בַּהֲנָאָה. וּמֵאֵימָתַי תֵּאָסֵר? מִשְּׁעַת שְׁחִיטָתָהּ. שְׁחָטָהּ, וְאֵין שָׁם אֵזוֹב וְלֹא עֵץ אֶרֶז וְלֹא שְׁנִי תוֹלַעַת - הֲרֵי זוֹ אֲסוּרָה בַּהֲנָאָה, שֶׁשְּׁחִיטָה שֶׁאֵינָהּ רְאוּיָה שְׁמָהּ שְׁחִיטָה.
A person who partakes of an olive-sized portion44 of the slaughtered fowl violates a positive commandment and a negative commandment. For Deuteronomy 14:12 states: “These are what you may not eat from them.”45 According to the Oral Tradition, it was taught that the wording also includes the fowl that was slaughtered in this purification process. And it is written ibid. : 11: “You shall eat all pure fowl.” This is a positive commandment. From it, however, one can infer a prohibition: that other species may not be eaten. When a prohibition is derived from a positive commandment, it is considered as a positive commandment.46וְהָאוֹכֵל כְּזַיִת מִצִּפּוֹר הַשְּׁחוּטָה - עָבַר עַל עֲשֵׂה וְעַל לֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר "וְזֶה אֲשֶׁר לֹא תֹאכְלוּ מֵהֶם" - מִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁזֶּה לְרַבּוֹת הַצִּפּוֹר הַשְּׁחוּטָה, וְנֶאֱמַר "טְהֹרָה תֹּאכֵלוּ" - הָא אַחֶרֶת לֹא תֹאכְלוּ, וְלָאו הַבָּא מִכְּלַל עֲשֵׂה - עֲשֵׂה.
8The two fowl may not be taken from the fowl of a condemned city,47 nor from fowl exchanged for idols,48 nor from fowl that killed a person.49 The optimum way of performing the mitzvah is for the two fowl to be alike in appearance, size, and value, and to be purchased at the same time.50 Nevertheless, even if they are not alike, or one purchased one on one day and the other on the next, it is acceptable. If one purchased two fowl for the sake of the purification of a man, it is acceptable to use them for the purification of a woman. Conversely, two fowl purchased for the purification of a woman are acceptable to be used for the purification of a man. If they were taken to purify an afflicted house, they are acceptable to be used for purifying a person. If they were taken to purify a person, they are acceptable to be used for purifying an afflicted house. These concepts may be inferred from Leviticus 14:4 which states: “For the one who is to be purified will be taken....”51חאֵין לוֹקְחִין שְׁתֵּי הַצִּפֳּרִים מִצִּפֳּרֵי עִיר הַנִּדַּחַת, וְלֹא מִצִּפֳּרִים שֶׁהֶחֱלִיפָן בַּעֲבוֹדָה זָרָה, וְלֹא מִצִּפֳּרִים שֶׁהָרְגוּ אֶת הַנֶּפֶשׁ. וּמִצְוָתָן שֶׁיִּהְיוּ שְׁתֵּיהֶן שָׁווֹת בְּמַרְאֶה בְּקוֹמָה וּבְדָמִים, וּלְקִיחָתָן כְּאַחַת. אַף עַל פִּי שֶׁאֵינָן שָׁווֹת, אוֹ שֶׁלָּקַח אַחַת הַיּוֹם וְאַחַת לְמָחָר - כְּשֵׁרוֹת. לָקַח שְׁתֵּי הַצִּפֳּרִים לְשֵׁם אִישׁ, כְּשֵׁרוֹת לְטַהֵר בָּהֶן אִשָּׁה; לְשֵׁם אִשָּׁה, כְּשֵׁרוֹת לְטַהֵר בָּהֶן אִישׁ; לְקָחָן לְטַהֵר בָּהֶן בַּיִת מְנֻגָּע, כְּשֵׁרוֹת לְטַהֵר אָדָם; לְקָחָן לְאָדָם, כְּשֵׁרוֹת לְבַיִת מְנֻגָּע - שֶׁנֶּאֱמַר "וְלָקַח לַמִּטַּהֵר".
9If one of them was slaughtered and discovered not to be a sparrow, another one should be taken for the second.52 It is permitted to partake of the one that was slaughtered.53 If the one was slaughtered and discovered to be tereifah,54 another one should be taken for the second. It is permitted to benefit from the one that was slaughtered.טשָׁחַט אַחַת מֵהֶן, וְנִמְצֵאת שֶׁלֹּא הָיְתָה דְּרוֹר - יִקַּח זוּג לַשְּׁנִיָּה, וְהָרִאשׁוֹנָה מֻתֶּרֶת בַּאֲכִילָה. שָׁחַט הָאַחַת, וְנִמְצֵאת טְרֵפָה - יִקַּח זוּג לַשְּׁנִיָּה, וְהָרִאשׁוֹנָה מֻתֶּרֶת בַּהֲנָאָה.
10If the blood was spilled,55 the fowl that would have been sent away is left56 until it dies.57 If the fowl to be sent away dies before the sprinkling, the blood is poured out and two other fowl are taken.58ינִשְׁפַּךְ הַדָּם, מַנִּיחִין אֶת הַמִּשְׁתַּלַּחַת עַד שֶׁתָּמוּת. מֵתָה הַמִּשְׁתַּלַּחַת - יִשָּׁפֵךְ הַדָּם, וְיִקַּח שְׁתַּיִם אֲחֵרוֹת.
Footnotes
1.

Sefer HaMitzvot (positive commandment 110) and Sefer HaChinuch (mitzvah 170) count this charge as one of the 613 mitzvot of the Torah. The purification of a person and the purification of a house are considered as components of the same mitzvah.

2.

Sefer HaMitzvot (positive commandment 111) and Sefer HaChinuch (mitzvah 174) count this charge as a separate mitzvah and include it among the 613 mitzvot of the Torah.
Sefer HaMitzvot explains that this refers to the second shaving performed before the person brings his sacrifices. In that source, he explains at length why this shaving is not considered as a component of the mitzvah (see Hilchot Mechusrei Kapparah, ch. 1) for a person who had been afflicted with tzara’at to bring his sacrifices. That explanation is particularly necessary for he considers the shaving of a nazirite as a component of the mitzvah for him to bring his sacrifices [Sefer HaMitzvot (positive commandment 93); Hilchot Nizirut 8:1-3)].
The Rambam differentiates between the two as follows: There is no difference between the status of a nazirite between the time that he shaves and the time he brings his sacrifices. Both activities serve the same purpose: to enable him to partake of wine. The status of a person who was afflicted with tzara’at changes after his second shaving. From that time, he is ritually pure. Although his purification is not complete until he brings his sacrifices and only then can he partake of sacrificial foods (see Hilchot Mechusrei Kapparah 1:1), from the time he shaves onward, he does not impart impurity to others.

3.

With the following explanation, the Rambam is clarifying how the first of the two mitzvot he mentioned is fulfilled.

4.

Sotah 15b derives this concept by developing an association between this container and the water used in this purification process. The Rambam apparently considers that as merely an asmachta, an allusion, and maintains that the concept was communicated orally, without any direct connection to the Written Law (Rav Yosef Corcus).

5.

This measure, known as a revi'it, is equivalent to 86 cc, according to Shiurei Torah, 150 cc, according to Chazon Ish.

6.

I.e., Water from a flowing spring or river. See Hilchot Parah Adumah 6:1, 9-14; see also Hilchot Mikvaot 9:8, 13.

7.

The term dror means “free” or “wild.” Later authorities have identified this species with the sparrow.

8.

As reflected by Halachah 8, they need not, however, be taken with the intent of purifying any specific person. Indeed, even fowl taken for the purification of a house may be used for a person (see Sifra to the verse cited).

9.

Although this measure is mentioned by Nega’im 14:6, it is not quantified by the later authorities.
In his Commentary to the Mishnah (Nega’im 14:13), the Rambam mentions a requirement that he omits here: that the branch have a leaf at its top.

10.

Hilchot Parah Adumah 11:5.

11.

A dye made from very red berries that resemble carob seeds. See ibid. 3:2.

12.

A silver coin of the Talmudic era, equivalent to 19.2 grams in contemporary measure. See the Rambam's Commentary to the Mishnah (Bechorot 8:8) where he discusses this subject in detail.

13.

See Hilchot Tzitzit 2:3.

14.

And are not acceptable without the other.

15.

Although the Rambam uses a different Hebrew term, he is referring to the same crimson thread mentioned previously.

16.

But not tied together with them (Sifra).

17.

This obligation is, however, completed once the bird reaches the field. Afterwards, no attention need be paid to it, regardless of whether it returns to the town or not. See Halachah 7.

18.

See Halachah 3 for details.

19.

Although this phrase is stated with regard to the second shaving, an association is established between it and the first one.

20.

The mention of the shaving of the beard is significant, for that is forbidden under ordinary circumstances. Nevertheless, we follow the principle that the performance of a positive commandment supersedes a negative commandment and shaving them - and the comers (payot) of the head — is performed. See also the notes to Halachah 6.

21.

I.e., by mentioning them, the Torah defines the general category.

22.

See the Kessef Mishneh who explains that since the verse first spoke in general terms, even hair that is not always visible is included. Nevertheless, since it then listed specific cases, there are restrictions and the obligation applies only to hair visible when a person stretches his body out and not hair that is hidden entirely.

23.

I.e., immerses them in a mikveh to purify them from the severe impurity which they had contracted previously.

24.

In contrast to his previous state (see Chapter 10, Halachot 11-12). He is not, however, considered as pure entirely and can impart impurity to others if he touches them, as stated in the following halachah.

25.

Which was previously forbidden him (ibid.:7).

26.

This interpretation is found in Mo’ed Kattan 15b. The term “tent” is interpreted as a euphemism for physical intimacy in several other contexts; see Sanhedrin 59b, et al.

27.

I.e., the seventh day after the initial purification.

28.

This translates the term t’vul yom, literally, “one who immersed [that] day.”

29.

Which must be eaten in Jerusalem in a state of purity. See Hilchot Ma’aser Sheni 3:1, 4.

30.

I.e., if he is a priest. Terumah must also be eaten in a state of ritual purity. See Hilchot Terumot 7:1-2.

31.

Which, as stated in Hilchot Mechusrei Kapparah 1:4, may be brought from the day following their immersion onward.

32.

Ibid. 1:1. As stated there (Halachah 3): “The sacrifice of a person afflicted by tzara’at is three sheep, one as a burnt-offering, one as a guilt offering, and a ewe as a sin-offering. If he does not have the means, he may bring two doves, one as a burnt-offering and one as a sin-offering, and a sheep as a guilt-offering.”

33.

Thus he must wait seven days and shave a third time.

34.

I.e., from sunrise until sunset.

35.

The Ra’avad and other commentaries note that the Rambam’s ruling is in direct contrast to the standard text of the Tosefta (Nega’im 8:6). The Kessef Mishneh first suggests that a printing error crept into the text of the Mishneh Torah. (Study of the authoritative manuscripts indicate that this is not the case.) Alternatively, he explains that each of these acts are independently valid and achieve its goal in the purification process, regardless of whether the others were performed or not.

36.

The slaughter and sending of the birds are necessary for the cedar branch, and it is necessary for the hyssop, and scarlet cord (Kessel Mishneh).

37.

Taking the birds, slaughtering them, immersing his garments, and immersing himself.

38.

Needless to say, the offering of the sacrifices can be performed only in the Temple. Nevertheless, as above (Halachah 2), the purity of the afflicted person is not dependent on the offering of the sacrifices.
In his Commentary to the Mishnah (Nega’im 14:13), the Rambam writes that the purification of a person afflicted with tzara’at “has no connection” to Eretz Yisrael or the Temple.
In that source, the Rambam questions why one would perform the second shaving in the present age. For in this instance, the goal of the second shaving, the purification of the person, is not performed in a complete way. Now, as mentioned above, this shaving involves the violation of negative commandments, shaving the beard and peyot and the principle that the performance of a positive commandment supersedes a negative commandment applies only when the positive commandment is fulfilled in a complete manner. He does not resolve that question. He does, however, cite the Sifra which states that Rabbi Tarfon performed the purification of persons afflicted with tzara’at in the Diaspora and in the era after the destruction of the Temple.

39.

This is a general principle applicable in other contexts as well. See Hilchot Rotzeach 10:5. The rationale is that by performing two mitzvot at the same time, neither is given its proper token of respect.

40.

In the passage from the Sifra cited in note 38, Rabbi Tarfon related that he purified three persons afflicted with tzara’at with the same staff. See also Hilchot Parah 11:5.

41.

I.e., if it reached the field and returned or was captured afterwards, as evident from Halachah 1.

42.

And thus the purification process cannot be completed, as stated in Halachah 1.

43.

See another example of this principle in Hilchot Shechitah 12:6.

44.

This is the minimum measure for which one is liable for partaking of forbidden substances.

45.

The Torah proceeds to list the different species of non-kosher fowl.

46.

I.e., it does not have the severity of a negative commandment. Hence its violation is not punishable by lashes.
The Rambam’s intent is that the Torah is not commanding us to eat kosher species, for there is no obligation to partake of them. Instead, it is commanding us to take precautions against partaking of non-kosher ones. See Sefer HaMitzvot (General Principle 6) where the Rambam elaborates in the explanation of the concept of a prohibition derived from a positive commandment. This principle is mentioned in several other contexts. See Hilchot Ishut 1:8, Hilchot Yibbum 1:12, Hilchot Ma’achalot Assurot 2:1, et al.

47.

This term refers to the Hebrew phrase, ir hanidachat, a city whose inhabitants worshiped false divinities. Such a city and all its property must be destroyed. See Deuteronomy 13:12-19; Hilchot Avodat Kochavim, ch. 4. Since the fowl are part of its property, they are also condemned and it is as if they no longer exist.

48.

As stated in Hilchot Avodat Kochavim 8:1 and Shulchan Aruch, Yoreh De’ah 145:9, it is forbidden to benefit from anything exchanged for a false divinity. Needless to say, that it is not appropriate to use such articles for a mitzvah.

49.

An animal which killed a person is condemned to death and it is forbidden to benefit from it (see Hilchot Nizkei Mammon 11:9).

50.

For the Torah considers themas a pair. Compare to HilchotAvodat YomHaKippurim 5:14.
The commentaries have raised the question: If they are alike, how is it possible for Halachah 1 to speak of “the healthier” of them? In resolution, it is explained that even though in general, they are alike, one will always be slightly healthier than the other.

51.

As stated in Halachah 1, this prooftext teaches that the fowl must be taken for the sake of purifying a tzara’at affliction. What type of affliction, however, need not be specified.

52.

Or two entirely new fowl can be taken (Kessef Mishneh).

53.

Generally, this fowl must be buried. In this instance, however, since the slaughter was performed by mistake, it is not forbidden. The Rambam’s ruling is based on the Tosefta (Nega’im 8:8). There is discussion among the Ra’avad, Kessef Mishneh, and others concerning the precise wording of the Tosefta and hence, the resulting laws.

54.

Possessing a blemish that will cause it to die within a year. Accordingly, it is forbidden to be eaten.

55.

Before being sprinkled on the person.

56.

In contrast to the law mentioned in the previous halachah, with the slaughter of the first, the second is designated as its pair and cannot be used again.

57.

I.e., it is placed in a closed place and left there to die. A parallel can be found in Hilchot Pesulei HaMukdashim 4:1. Afterwards, it is forbidden to benefit from both of the fowl.

58.

If, however, it dies after the sprinkling, the purification process is completed even though it was not sent away.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.