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Mechussarey Kapparah - Chapter 3

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Mechussarey Kapparah - Chapter 3

1During all the days when a zav experiences zav discharges, he is ritually impure. When the zav discharges cease,1 he counts seven clean days, like a zavah must,2 immerses himself on the seventh day,3 and waits until nightfall.4 On the eighth day, he brings his sacrifice if he had experienced three discharges.5 If he experienced a zav discharge even at the end of the seventh day after he immersed himself, he
negates his entire counting and must begin to
count seven clean days from the day of his last discharge.6
אכָּל הַיָּמִים שֶׁהַזָּב רוֹאֶה בָּהֶן זִיבוּת, הֲרֵי הוּא טָמֵא. וּכְשֶׁיִּפְסֹק הַזִּיבוּת, מוֹנֶה שִׁבְעַת יְמֵי נְקִיִּים כַּזָּבָה, וְטוֹבֵל בַּשְּׁבִיעִי, וּמַעֲרִיב שִׁמְשׁוֹ; וּבַשְּׁמִינִי מֵבִיא קָרְבָּנוֹ, אִם הָיָה בַּעַל שָׁלוֹשׁ רְאִיּוֹת. וְאִם רָאָה רְאִיָּה שֶׁל זוֹב, אַפִלּוּ בְּסוֹף יוֹם שְׁבִיעִי אַחַר שֶׁטָּבַל - סָתַר הַכֹּל, וּמַתְחִיל לִמְנוֹת שִׁבְעַת יְמֵי נְקִיִּים מֵאַחַר יוֹם הָרְאִיָּה הָאַחֲרוֹנָה.
2When a zav has a seminal emission during the seven clean days he counts, he only nullifies that day. From the following day onward, he completes the seven days and then brings his sacrifice.בזָב שֶׁרָאָה קֶרִי בְּאֶחָד מִשִּׁבְעַת יְמֵי הַסְּפִירָה אֵינוֹ סוֹתֵר אֶלָא יוֹמוֹ בִּלְבָד, וּמַשְׁלִים שִׁבְעַת יָמִים וּמֵבִיא קָרְבָּנוֹ.
What is implied? He had a seminal emission on the fifth day.7 He counts another three clean days afterwards, immerses himself on the third day and brings his sacrifice on the fourth day.כֵּיצַד? רָאָה קֶרִי בַּיּוֹם הַחֲמִישִׁי - סוֹפֵר אַחֲרָיו שְׁלוֹשָׁה יָמִים, וְטוֹבֵל בַּשְּׁלִישִׁי, וּמֵבִיא קָרְבָּנוֹ בָּרְבִיעִי.
3When a zav checks himself on the first day of his counting and finds himself pure8 and does not check himself for the remainder of the seven days until the seventh day when he checks himself and finds himself pure, he may rely on the presumption that he is pure.9גזָב שֶׁבָּדַק בְּיוֹם רִאשׁוֹן מִיְּמֵי הַסְּפִירָה וּמָצָא טָהוֹר, וְלֹא בָדַק כָּל שִׁבְעָה, וּבַיּוֹם הַשְּׁבִיעִי בָּדַק וּמָצָא טָהוֹר - הֲרֵי זֶה בְּחֶזְקַת טָהֳרָה.
Even if he checked on the day when he had an impure discharge and saw that he was pure and that the discharge had ended and he did not check himself throughout the seven days, but did check himself on the seventh day10 or the eighth day,11 should he find himself pure, the days of counting are significant and he may rely on the presumption that he is pure.אַפִלּוּ בָּדַק בְּיוֹם הַטֻּמְאָה עַצְמוֹ וּמָצָא טָהוֹר, וּפָסַק הַזּוֹב, וְלֹא בָדַק לְמָחָר בִּתְחִלַּת יְמֵי הַסְּפִירָה, וּבָדַק בַּשְּׁבִיעִי אוֹ בַּשְּׁמִינִי וּמָצָא טָהוֹר - עָלוּ לוֹ יְמֵי הַסְּפִירָה, וַהֲרֵי זֶה בְּחֶזְקַת טָהֳרָה.
4Any discharge that causes the counting of the days to be nullified does not bring about an obligation for a sacrifice. What is implied? A man experienced two discharges and then had an interruption for a day or two and thus he began counting his seven clean days. Although he experienced a zav discharge during the seven days, it is not combined with the previous two.12 Instead, it merely nullifies the counting and he must begin to count over again, as we explained.13דכָּל רְאִיָּה שֶׁהִיא סוֹתֶרֶת אֵינָהּ מְבִיאָה לִידֵי קָרְבָּן. כֵּיצַד? רָאָה שְׁתֵּי רְאִיּוֹת בִּלְבָד, וְהִפְסִיק יוֹם אוֹ יוֹמַיִם, וַהֲרֵי הוּא מוֹנֶה שִׁבְעַת יְמֵי נְקִיִּים, וּבְתוֹךְ הַשִּׁבְעָה רָאָה רְאִיָּה שֶׁל זוֹב - אֵינָהּ מִצְטָרֶפֶת לִשְׁנַיִם, אֶלָא סוֹתֶרֶת וּמַתְחִיל לִמְנוֹת, כְּמוֹ שֶׁבֵּאַרְנוּ.
Moreover; even if he experienced three consecutive discharges14 during the counting even if he experienced them on one day, and even if that was at the conclusion of the seventh day of the seven clean days he should not bring a sacrifice. For these discharges are considered as nullifying the clean days that were being counted.אַפִלּוּ רָאָה בְּתוֹךְ יְמֵי הַסְּפִירָה שָׁלוֹשׁ רְאִיּוֹת זוֹ אַחַר זוֹ, אַפִלּוּ רָאָה אוֹתָן בְּיוֹם אֶחָד, וְאַפִלּוּ רָאָה שָׁלוֹשׁ רְאִיּוֹת בְּסוֹף יוֹם שְׁבִיעִי שֶׁל שִׁבְעָה יָמִים נְקִיִּים - אֵינוֹ מֵבִיא קָרְבָּן, שֶׁרְאִיּוֹת אֵלּוּ לִסְּתִירָה הֵן.
If he experienced three discharges on the night of the eighth day,15 he must bring a sacrifice, because these discharges do not nullify the previous counting.16רָאָה שָׁלוֹשׁ רְאִיּוֹת בְּלֵיל שְׁמִינִי - מֵבִיא קָרְבָּן, שֶׁאֵין רְאִיּוֹת אֵלּוּ סוֹתְרִין.
To whom does the above apply? To a zav who has experienced two discharges. A zav who experienced three discharges previously,17 by contrast, who experiences three discharges on the eighth night after the seven clean days does not bring a second sacrifice because of these three discharges, only one sacrifice for the first three discharges.18 Although these three discharges do not nullify the clean days that were counted, the man has not entered a time when it is fit for him to bring a sacrifice,19 since the preceding night is considered as “lacking in time,” with regard to all Torah laws,20 with the exception of a woman after childbirth who miscarried on the night of the eighty-first day.21 She brings a second sacrifice, as we explained.22 This concept was communicated by the Oral Tradition.23בַּמֶּה דְּבָרִים אֲמוּרִים? בְּזָב בַּעַל שְׁתֵּי רְאִיּוֹת. אֲבָל זָב בַּעַל שָׁלוֹשׁ שֶׁרָאָה שָׁלוֹשׁ רְאִיּוֹת בְּלֵיל שְׁמִינִי שֶׁאַחַר שִׁבְעַת יָמִים נְקִיִּים - אֵינוֹ מֵבִיא קָרְבָּן שֵׁנִי עַל שָׁלוֹשׁ אֵלּוּ, אֶלָא קָרְבָּן אֶחָד עַל הַשָּׁלוֹשׁ הָרִאשׁוֹנוֹת. שֶׁאַף עַל פִּי שֶׁאֵין שָׁלוֹשׁ אַחֲרוֹנוֹת סוֹתְרוֹת, הֲרֵי לֹא יָצָא לִזְמַן שֶׁרָאוּי לְקָרְבָּן. וְהַלַּיְלָה מְחֻסַּר זְמַן הוּא לַכֹּל - חוּץ מִיּוֹלֶדֶת שֶׁהִפִּילָה בְּלֵיל אֶחָד וּשְׁמוֹנִים, שֶׁהִיא מְבִיאָה קָרְבָּן שֵׁנִי כְּמוֹ שֶׁבֵּאַרְנוּ. וְדָבָר זֶה, מִפִּי הַקַּבָּלָה.
5If a man experienced one discharge on the eighth night and two discharges on the eighth day, they are linked together and he is required to bring a sacrifice because of the two latter discharges. The rationale is that a zav’s first discharge is considered as a seminal emission.24 If he experiences two others afterwards, it is combined together with them to obligate him for a sacrifice. If, however, he experienced two discharges on the eighth night25 and one on the eighth day, they are not linked together and he is not required to bring a second sacrifice because of the latter zav discharges.הרָאָה רְאִיָּה אַחַת בְּלֵיל שְׁמִינִי, וּשְׁתֵּי רְאִיּוֹת בְּיוֹם שְׁמִינִי - הֲרֵי אֵלּוּ מִצְטָרְפִין, וּמֵבִיא קָרְבָּן שֵׁנִי עַל זִיבוּת זוֹ הָאַחֲרוֹנָה; שֶׁהֲרֵי רְאִיָּה רִאשׁוֹנָה שֶׁל כָל זָב כְּשִׁכְבַת זֶרַע הִיא חֲשׁוּבָה, וְאִם רָאָה אַחֲרֶיהָ שְׁתַּיִם, מִצְטָרֶפֶת עִמָּהֶן לְקָרְבָּן. אֲבָל אִם רָאָה שְׁתַּיִם בְּלֵיל שְׁמִינִי וְאַחַת בְּיוֹם שְׁמִינִי - אֵין מִצְטָרְפוֹת, וְאֵינוֹ מֵבִיא קָרְבָּן עַל זִיבוּת זוֹ הָאַחֲרוֹנָה.
6Every male can contract zav impurity, even an infant on the day of his birth, a convert, a servant, a deaf mute, and an intellectually and/or emotionally unstable person.26 It appears to me that atonement is brought for them27 so that it is possible for them to partake of sacrificial food.28 Their sin- offering should be eaten, for they are like a child who is not intellectually capable.29 A person who was castrated or one who is born sexually impotent30 may contract impurity because of a zav discharge like other men.31והַכֹּל מִתְטַּמְּאִין בְּזִיבָה, אַפִלּוּ קָטָן בֶּן יוֹמוֹ, וְהַגֵּרִים, וְהָעֲבָדִים, וְחֵרֵשׁ וְשׁוֹטֶה. וְיֵרָאֶה לִי שֶׁמְּבִיאִין עֲלֵיהֶן כַּפָּרָה כְּדֵי לְהַאֲכִילָן בַּקֳּדָשִׁים, וְחַטָּאתָן נֶאֱכֶלֶת, שֶׁהֲרֵי הֵן כְּקָטָן שֶׁאֵינוֹ בֶּן דַּעַת. וּסְרִיס אָדָם וּסְרִיס חַמָּה מִטַּמְּאִין בְּזִיבָה כְּכָל הָאֲנָשִׁים.
7The stringencies that apply both to males and females are placed upon a tumtum32 and an androgynus33 They contract ritual impurity because of uterine bleeding like a woman34 or because of clear discharges35 like a man. Their impurity is of questionable status.36 Therefore if one such person had three zav discharges37 or discovered zavah bleeding for three consecutive days,38 he must bring a sacrifice, but it is not eaten.39 If he was counting seven clean days to purify himself from a zav discharge and he experienced uterine bleeding or he was counting to purify himself from uterine bleeding and experienced a zav discharge, the counting is not disrupted.40זהַטֻמְטוּם וְהָאַנְדְּרֹגִּינוֹס נוֹתְנִין עֲלֵיהֶן חֻמְרֵי הָאִישׁ וְחֻמְרֵי הָאִשָּׁה: מִטַּמְּאִין בְּדָם כַּנָּשִׁים, וּבְלֹבֶן כַּאֲנָשִׁים, וְטֻמְאָתָן בְּסָפֵק. לְפִיכָךְ אִם הָיָה אֶחָד מֵהֶן זָב בַּעַל שָׁלוֹשׁ רְאִיּוֹת, אוֹ זָבָה שֶׁרָאֲתָה דָּם שְׁלוֹשָׁה יָמִים זֶה אַחַר זֶה - מְבִיאִין קָרְבָּן, וְאֵינוֹ נֶאֱכָל. הָיָה מוֹנֶה שִׁבְעָה יָמִים נְקִיִּים לַלֹּבֶן וְרָאָה אֹדֶם, אוֹ לָאֹדֶם וְרָאָה לֹבֶן - הֲרֵי זֶה אֵינוֹ סוֹתֵר.

Quiz Yourself on Mechussarey Kapparah Chapter 3

Footnotes
1.

Moreover, he must wear close fitting clothing at the conclusion of the day to make sure that in fact he did conclude the day without experiencing a discharge (i.e., carry out a hefsek taharah) so that he is certain that he begins the seven clean days without discharges.

2.

See Hilchot Issurei Bi’ah 6:8, 11.

3.

I.e., he should not wait until nightfall to carry out this immersion. As stated in Hilchot Issurei Bi’ah 4:6 and Hilchot Mikvaot 1:6, those seeking to regain ritual purity - except a nidah and a woman after childbirth - must immerse during the daytime.
After the immersion, he is tentatively ritually pure. Nevertheless, he should not touch sacrificial foods or enter the Temple that day lest he discover a discharge which would return him to a state of ritual impurity. See Hilchot Mitamei Mishkav UMoshav 5:9.

4.

At that point, his purity is established. If he experienced only two discharges, this is all that is required.

5.

He may then partake of sacrificial food, as stated in Chapter 2, Halachah 6.

6.

I.e., beginning that night, so that the next seven days will be his seven “clean” days.

7.

I.e., after counting four clean days.

8.

I.e., without a discharge.

9.

Although as an initial preference, it is desirable for him to check himself every day, that is not an absolute requirement and, after the fact, as long as he does not find any evidence of a discharge and does check himself on the last day, we assume that he did not experience a discharge. The rationale is that since a man’s natural state is not to experience such discharges, even though he had experienced them previously, we presume that he will not experience further ones. Note the parallel in Hilchot Issurei Bi’ah 6:21.

10.

I.e., as long as he initially checked himself and did so at the end of seven days and did not discover any sign of a discharge in the interim, after the fact, it is acceptable. Note the parallel to ibid.:22.

11.

Or any subsequent day.
The commentaries have raised a question with this ruling, because from the above source, it appears that it is necessary that an inspection be made either on the first or last days of the seven clean days. Both Rav Yosef Corcus and the Kessef Mishneh suggest that it is possible that there is a scribal error in the text of the Mishneh Torah, but admit that the Rambam’s wording does not appear to reflect that.

12.

And he is not obligated to bring a sacrifice. See Chapter 2, Halachah 8.

13.

In Halachah 1.

14.

In which instance, he would ordinarily be considered as a zav.

15.

I.e., the night between the seventh day and the eighth day, when his counting has already been completed.

16.

But instead are considered independently. Were there to have been only one discharge, he would not be considered a zav because of it. He could immerse himself and be purified.

17.

And thus was already obligated to bring a sacrifice.

18.

Although he is impure and must count seven clean days again, at the conclusion of that counting, he brings one sacrifice not two.

19.

For the sacrifice may only be brought on the eighth day.

20.

See Hilchot Bechorot 6:15.

21.

I.e., the night between the eightieth and the eighty-first day.

22.

The commentaries note that in Chapter I, Halachah 8, the Rambam emphasizes that a woman who miscarries within the eighty days associated with the birth or miscarriage of a female must bring only one sacrifice for the two events. He does not explicitly mention, however, the law that would apply if she miscarried on the night of the eighty-first day. Although inferences can be derived from his wording there, that she would have to bring a separate sacrifice, there is no explicit statement to that effect.

23.

Although there is an allusion to her obligation in Leviticus 12:6, it is not explicitly stated there, but rather derived by our Sages in Keritot 8a.

24.

I.e., it is of intermediate status. On one hand, it can lead to zav impurity. On the other hand, since it is only one discharge, it is not considered as that type yet. Therefore it is not reckoned as a zav discharge with regard to the nullification of the seven clean days. As a result, its own significance is not nullified and it can be counted with regard to subsequent zav discharges.

25.

For these are significant as zav discharges. Hence they are considered as nullifying the seven clean days and are not given independent importance, as stated in the previous halachah.

26.

Although the latter two individuals are considered as not able to control their conduct and hence, are absolved from the responsibility of observing all the mitzvot, they still can contract impurity. If they do, they should be purified so as not to spread ritual impurity.

27.

I.e., others bring sacrifices on their behalf.

28.

The expression “it appears to me” connotes a ruling for which the Rambam has no prior explicit Talmudic or Midrashic source, but rather deduced through his own logic. In this instance, these two types of individuals are not obligated to perform any of the mitzvot. Hence, one might think that there is no reason for them to have their sacrifices offered. The Rambam explains that this should be done, lest one desire to feed them sacrificial food. Although they would not be held responsible for the transgression, it is forbidden for another person to feed them food that they are forbidden to eat.

29.

And as stated in Chapter 1, Halachah 5, a child’s sin-offering is eaten.

30.

See Hilchot Ishut 2:14 for a more specific definition of these terms.

31.

Even though there is no concept of such a person contracting ritual impurity because of the release of semen, he may contract ritual impurity because of a zav discharge.

32.

A person whose gender is masked by a piece of flesh.

33.

A person who possess both male and female genital organs. As explained in Hilchot Ishut 2:24-25, with regard to a tumtum, his gender is not known and with regard to an androgynus, there is an unresolved halachic question how to classify such a person. Hence, the stringencies applying to both males and females are applied.

34.

I.e., either because of nidah (menstrual) or zivah (non-menstrual) uterine bleeding.

35.

I.e., either semen or the secretion of a zav. See Hilchot Mitamei Mishkav UMoshav 1:7; Hilchot Nizirut 2:11, where these laws are also stated.

36.

Because of the questions regarding their gender mentioned above. Rav Ovadiah of Bartinura (in his gloss to Zavim 2:1) states that if such a person experiences both zav discharges and zavah bleeding, he is definitely impure.

37.

In which instance, a male is required to bring a sacrifice.

38.

In which instance, a female is required to bring a sacrifice.

39.

Because it is brought because of a doubt.
Based on Hilchot Mitamei Mishkav UMoshav 1:7, Kin’at Eliyahu opines that even if such a person experiences both zav discharges and zavah bleeding, he should not bring a sacrifice, because it is possible to say that a sacrifice may be brought only by a person who is either definitely male or definitely female.

40.

For only the secretion whose type he is counting can cause the counting to be interrupted. If, however, the person sees three discharges while counting for uterine bleeding or experiences uterine bleeding for three days while counting for a zav discharged, he is impure because of the second factor as well and must count seven days to purify himself from this impurity.

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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