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Rambam - 3 Chapters a Day

Tum'at Okhalin - Chapter 1, Tum'at Okhalin - Chapter 2, Tum'at Okhalin - Chapter 3

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Tum'at Okhalin - Chapter 1

The Laws of the Impurity of Foodsהִלְכוֹת טֻמְאַת אֹכָלִין
Included in this text is one positive commandment: The laws of the impurity that affects liquids and foods and what makes them fit to contract it.מִצְוַת עֲשֵׂה אַחַת, וְהִיא דִּין טֻמְאַת אֹכָלִין וּמַשְׁקִין וְהֶכְשֵׁרָן.
This mitzvah is explained in the ensuing chapters.וּבֵאוּר מִצְוָה זוֹ בִּפְרָקִים אֵלּוּ׃
1All foods that are designated for human consumption, e.g., bread, meat, grapes, olives, and the like, are susceptible to ritual impurity.1אכָּל אֹכֶל הַמְּיֻחָד לְמַאֲכַל אָדָם, כְּגוֹן לֶחֶם וּבָשָׂר וַעֲנָבִים וְזֵיתִים וְכַיּוֹצֵא בָהֶן - מְקַבֵּל טֻמְאָה.
All foods that are not designated for human consumption2 are pure and are not susceptible to ritual impurity unless one had a specific intent and set them aside for human consumption.וְכֹל שֶׁאֵינוֹ מְיֻחָד לְמַאֲכַל אָדָם - הֲרֵי זֶה טָהוֹר וְאֵינוֹ מְקַבֵּל טֻמְאָה, אֶלָּא אִם כֵּן חִשַּׁב עָלָיו וְיִחֲדוֹ לְמַאֲכַל אָדָם.
No foods are susceptible to ritual impurity unless they were first dampened with one of the seven liquids.3 This dampening is referred to as hechsher.4 These concepts are derived from Leviticus 11:38 which states: “When water will be placed on a seed...”5וְזֶה וָזֶה אֵינוֹ מְקַבֵּל טֻמְאָה, עַד שֶׁיִּבָּלֵל תְּחִלָּה בְּאֶחָד מִשִּׁבְעָה מַשְׁקִין, וְזֶה הוּא הַנִּקְרָא "הֶכְשֵׁר", שֶׁנֶּאֱמַר "וְכִי יֻתַּן מַיִם עַל זֶרַע".
2These are the seven liquids6 that make foods susceptible to impurity: water, dew, oil, wine, milk, blood,7 and honey.8בוְאֵלּוּ הֵן הַשִּׁבְעָה מַשְׁקִין שֶׁמַּכְשִׁירִין אֶת הָאֹכָלִין לְטֻמְאָה׃ הַמַּיִם, וְהַטַּל, וְהַשֶּׁמֶן, וְהַיַּיִן, וְהֶחָלָב, וְהַדָּם, וְהַדְּבַשׁ.
They do not make foods susceptible to impurity unless they fall upon them as desired by the owner.9 Nor may they be squalid, for squalid liquids do not make food fit to contract impurity.10וְאֵינָן מַכְשִׁירִין עַד שֶׁיִּפְּלוּ עַל הָאֹכָלִין בִּרְצוֹן הַבְּעָלִים; וְלֹא יִהְיוּ סְרוּחִין, שֶׁהַמַּשְׁקֶה הַסָּרוּחַ אֵינוֹ מַכְשִׁיר.
Once food has been made susceptible to ritual impurity, it retains that status after it is dry, with no liquid on it.וְכֵיוָן שֶׁהֻכְשַׁר הָאֹכֶל - אַף עַל פִּי שֶׁיָּבֵשׁ וַהֲרֵי הוּא נָגוּב, הֲרֵי זֶה מְקַבֵּל טֻמְאָה.
3When food has been dampened with fruit juice,11 e.g., berry juice or pomegranate juice, even though it is wet and was touched by a zav or the flesh of a corpse, it is pure, because it was not made susceptible to impurity by one of the seven liquids.גאֹכֶל שֶׁהָיָה בָּלוּל בְּמֵי פֵרוֹת כְּגוֹן מֵי תּוּתִים וְרִמּוֹנִים, אַף עַל פִּי שֶׁהוּא בָּלוּל, וְנָגַע בּוֹ הַזָּב אוֹ בְּשַׂר הַמֵּת - הֲרֵי הוּא טָהוֹר, מִפְּנֵי שֶׁלֹּא הֻכְשַׁר בְּאֶחָד מִשִּׁבְעָה הַמַּשְׁקִין.
4Only the seven liquids that we mentioned are considered liquids that are susceptible to ritual impurity.דאֵין שָׁם מַשְׁקֶה שֶׁמְּקַבֵּל טֻמְאָה, אֶלָּא שִׁבְעַת הַמַּשְׁקִין שֶׁמָּנִינוּ בִּלְבָד.
Other fruit juices, by contrast, neither make foods susceptible to ritual impurity, nor do they contract ritual impurity themselves at all.12אֲבָל שְׁאָר מֵי פֵרוֹת - כְּדֶרֶךְ שֶׁאֵין מַכְשִׁירִין, כָּךְ אֵין מְקַבְּלִין טֻמְאָה כְּלָל.
5When grapes and olives have not reached a third of their maturity,13 the liquids they produce do not make foods susceptible to ritual impurity, nor are these liquids themselves susceptible to ritual impurity. Instead, they are like other fruit juices and they are pure forever.הזֵיתִים וַעֲנָבִים שֶׁלֹּא הֵבִיאוּ שְׁלִישׁ - מַשְׁקִין הַיּוֹצְאִין מֵהֶן אֵינָן מַכְשִׁירִין, וְלֹא מְקַבְּלִין טֻמְאָה; אֶלָּא הֲרֵי הֵן כִּשְׁאָר מֵי פֵרוֹת, שֶׁהֵן טְהוֹרִין לְעוֹלָם.
6The following herbs are not susceptible to ritual impurity even though people eat them. The rationale is that they are not eaten to receive benefit from them as independent entities, but because they impart flavor, aroma, or appearance to other foods. They include: ginger,14 aldartzini,15 the primary spices,16 asafetida root, asafetida,17 pepper, or safflower. Similar laws apply with regard to all analogous substances.ואֵלּוּ דְבָרִים שֶׁאֵינָן מְקַבְּלִין טֻמְאָה, וְאַף עַל פִּי שֶׁבְּנֵי אָדָם אוֹכְלִין אוֹתָן, לְפִי שֶׁאֵינָן נֶאֱכָלִין לַהֲנָאַת גּוּפָן, אֶלָּא מִפְּנֵי שֶׁנּוֹתְנִין טַעַם בַּמַּאֲכָלוֹת אוֹ מִפְּנֵי הָרֵיחַ אוֹ הַמַּרְאֶה, וְאֵלּוּ הֵן׃ הַקֹּשְׁטְ וְהַחֲמָס וְרָאשֵׁי בְשָׂמִים וְהַתִּיאָה וְהַחִלְתִּית וְהַפִּלְפְּלִין וְחַלּוֹת חָרִיעַ, וְכֵן כָּל כַּיּוֹצֵא בָהֶן.
7Dill can be assumed to be used to be eaten itself like other vegetables of the field. If it is intended to flavor a cooked dish, it does not contract the impurity of foods.18זהַשֶּׁבֶת - סְתָמוֹ לַאֲכִילַת גּוּפוֹ, כִּשְׁאָר יַרְקוֹת שָׂדֶה; וְאִם חִשַּׁב עָלָיו לַקְּדֵרָה, אֵינוֹ מִתְטַמֵּא טֻמְאַת אֹכָלִין.
Once dill has imparted flavor to a cooked dish, it is considered as a waste product and it does not contract the impurity of foods.19וְהַשֶּׁבֶת מִשֶּׁנָּתְנָה טַעַם בַּקְּדֵרָה - הֲרֵי זֶה כְּזֶבֶל, וְאֵינָהּ מִתְטַמְּאָה טֻמְאַת אֹכָלִין.
8Dates and dried figs that were placed in a cooked dish as spices still contract the impurity associated with foods until they become spoiled to the point that they are not fit for human consumption.20חהַתְּמָרִים וְהַגְּרוֹגְרוֹת שֶׁנָּתַן לַקְּדֵרָה כִּתְבָלִין - עֲדַיִן הֵן מִתְטַמְּאִין טֻמְאַת אֹכָלִין, עַד שֶׁיִּפָּסְדוּ מִלֶּאֱכוֹל אָדָם.
9If vetch21 was designated for human consumption,22 it contracts the impurity associated with foods.טהַכַּרְשִׁינִין - אִם יִחֲדָן לְמַאֲכַל אָדָם, מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
10Hearts of palm are considered as wood in every way.23 If they were cooked and fried, they contract the impurity associated with foods.24יהַקּוֹר, הֲרֵי הוּא כְּעֵץ לְכָל דָּבָר; וְאִם שְׁלָקוֹ וְטִגְּנוֹ, מִתְטַמֵּא טֻמְאַת אֹכָלִין.
11Grape seeds and grape pomace, even though they were collected to serve as food,25 do not contract the impurity associated with foods.26יאהַחַרְצַנִּין וְהַזָּגִין, אַף עַל פִּי שֶׁכְּנָסָן לְאֹכָלִין - אֵין מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
12Hard olives and grapes that slip out and emerge from under the beam of the press while the produce is being pressed27 are not susceptible to ritual impurity.28יבזֵיתִים וַעֲנָבִים הַקָּשִׁים שֶׁנִּפְרָצִין וְיוֹצְאִין מִתַּחַת הַקּוֹרָה בִּשְׁעַת הַדְּרִיכָה - אֵינָן מְקַבְּלִין טֻמְאָה.
To what degree is this leniency granted? For four kabbin for every kor.29 If more than that amount emerge, they are susceptible to ritual impurity.30וְעַד כַּמָּה? עַד אַרְבָּעָה קַבִּין לְכָל כּוֹר; הָיָה הַנִּפְרָץ יָתֵר מִזֶּה, מְקַבְּלִין טֻמְאָה.
If they were set aside to be eaten, even if there are less than four kabbin, they are susceptible to ritual impurity.31וְאִם כְּנָסָן לְאֹכָלִין, אַף עַל פִּי שֶׁהֵן פָּחוֹת מֵאַרְבָּעָה קַבִּין - מְקַבְּלִין טֻמְאָה.
13Budding dates,32 budding fruit, underdeveloped fruit, and black cumin are all considered as foods and they are susceptible to ritual impurity.יגהַכַּפְנִיּוֹת וְהַפַּגִּין וְהַבֹּסֶר וְהַקֶּצַח - הֲרֵי הֵן כְּאֹכָלִין, וּמְקַבְּלִין טֻמְאָה.
14Budding leaves from branches, carob trees, pepperweed and wild onions33 are not susceptible to impurity until they are sweetened.34ידלוּלְבֵי זְרָדִים, וְחָרוּבִין, וְשֶׁל עֲרָל, וַעֲלֵי הַלּוּף הַשּׁוֹטֶה - אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיִּתְמַתְּקוּ.
15Mustard seeds, lupine beans,35 and other foods that are pickled are susceptible to the impurity associated with foods both after they have been sweetened and before they have been sweetened.36טוהַחַרְדָּל וְהַתֻּרְמוֹסִין וּשְׁאָר כָּל הַנִּכְבָּשִׁין - מִטַּמְּאִין טֻמְאַת אֹכָלִין, בֵּין מִשֶּׁהִמְתִּיקוּ בֵּין עַד שֶׁלֹּא הִמְתִּיקוּ.
16When olives have been pickled together with their leaves, the leaves are not susceptible to ritual impurity, for they have not been pickled to be eaten, only for the sake of their appearance.37טזזֵיתִים שֶׁכְּבָשָׁן בֶּעָלִין שֶׁלָּהֶן - אֵין הֶעָלִין מְקַבְּלִין טֻמְאָה, שֶׁלֹּא כְבָשָׁן לְאֹכָלִין אֶלָּא לְמַרְאֶה.
17The hairs of zucchini and its flower are not susceptible to ritual impurity,38 because they are not food.יזכִּישׁוּת שֶׁל קִשּׁוּת, וְהַנֵּץ שֶׁלָּהּ - אֵין מְקַבְּלִין טֻמְאָה, מִפְּנֵי שֶׁאֵינוֹ אֹכֶל.
18When honey is in its beehive, it is susceptible to the ritual impurity associated with foods,39 even if one does not designate it as food in his mind.40 When one begins removing the honey, when the honey combs are broken, the honey is susceptible to impurity as a liquid.יחדְּבַשׁ בְּכַוַּרְתּוֹ, מִטַּמֵּא טֻמְאַת אֹכָלִין שֶׁלֹּא בְמַחֲשָׁבָה; רָדָה הַדְּבַשׁ - מִשֶּׁיְּרַסֵּק הַחַלּוֹת, מִתְטַמֵּא מִשּׁוּם מַשְׁקֶה.
When honey flows out of a beehive, it is susceptible to impurity as a liquid. If one considers it as a food,41 it is susceptible to impurity as a food.42דְּבַשׁ הַזָּב מִכַּוַּרְתּוֹ, מִתְטַמֵּא טֻמְאַת מַשְׁקִין; חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין.
19Oil that has congealed43 is neither considered as food, nor a liquid in this context. Even if one thinks of it while it is congealed as a food or a liquid, his thought is of no consequence.44יטהַשֶּׁמֶן הַקָּרוּשׁ - אֵינוֹ אֹכֶל וְלֹא מַשְׁקֶה; חִשַּׁב עָלָיו כְּשֶׁהוּא קָרוּשׁ, בֵּין לְאֹכָלִין בֵּין לְמַשְׁקִין - בָּטְלָה דַעְתּוֹ.
Similarly, when blood has congealed, it is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence.וְכֵן הַדָּם שֶׁקָּרַשׁ - אֵינוֹ אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין; חִשַּׁב עָלָיו לְמַשְׁקִין, בָּטְלָה דַעְתּוֹ.
20When milk45 has congealed, it is neither considered as food, nor a liquid.46 If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence.כחָלָב שֶׁקָּרַשׁ - לֹא אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין; לְמַשְׁקִין, בָּטְלָה דַעְתּוֹ.
21Date honey47 is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods.48 If one thinks of it as a liquid, his thought is of no consequence.49כאדְּבַשׁ תְּמָרִים - לֹא אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין; לְמַשְׁקִין, בָּטְלָה דַעְתּוֹ.
All other fruit juices are neither considered as foods, nor liquids with regard to ritual impurity. If one thinks of one as a food or a liquid, his thought is of no consequence.וּשְׁאָר כָּל מֵי פֵרוֹת כֻּלָּן - לֹא אֹכֶל וְלֹא מַשְׁקֶה; חִשַּׁב עָלָיו, בֵּין לְאֹכָלִין בֵּין לְמַשְׁקִין - בָּטְלָה דַעְתּוֹ.
22Snow is neither considered as food, nor a liquid. If one thinks of it as a food, his thought is of no consequence. If one thinks of it as a liquid, it is susceptible to the ritual impurity associated with liquids.50 If a portion of it contracted impurity, the entire quantity is not considered as impure.51 If the snow was passed over52 an impure earthenware container, all of it becomes impure.53כבהַשֶּׁלֶג - אֵינוֹ אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, בָּטְלָה דַעְתּוֹ; לְמַשְׁקִין, מִתְטַמֵּא טֻמְאַת מַשְׁקִין. נִטְמָא מִקְצָתוֹ, לֹא נִטְמָא כֻּלּוֹ; הֶעֱבִירוֹ עַל גַּבֵּי כְּלִי חֶרֶס הַטָּמֵא, נִטְמָא כֻלּוֹ.
23When one had in mind to use milk that is in the teats of a slaughtered animal, his thought is of no consequence and it is pure. If he had the intent to use congealed milk that is in the stomach of a slaughtered nursing animal,54 it is susceptible to the ritual impurity associated with foods.כגהֶחָלָב שֶׁבַּכְּחָל שֶׁחִשַּׁב עָלָיו - בָּטְלָה דַעְתּוֹ, וַהֲרֵי הוּא טָהוֹר; חִשַּׁב עַל הֶחָלָב שֶׁבַּקֵּבָה, הֲרֵי זֶה מִתְטַמֵּא טֻמְאַת אֹכָלִין.
24When grapes have been trodden upon,55 once one has crisscrossed over them, they are susceptible to the ritual impurity associated with liquids.56 If whole grapes remain, those grapes are susceptible to the ritual impurity associated with foods.כדעֲנָבִים שֶׁדְּרָכָן - מִשֶּׁיְּהַלֵּךְ בָּהֶן הַדּוֹרֵךְ שְׁתִי וָעֵרֶב, מִתְטַמְּאִין מַשְׁקִין; נִשְׁתַּיֵּר בָּהֶן גַּרְגְּרִין שְׁלֵמִים, אוֹתָן גַּרְגְּרִין מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
Similarly, when olives are loaded in an olive press, they are susceptible to the ritual impurity associated with liquids. If whole olives remain,57 those olives are susceptible to the ritual impurity associated with foods.וְכֵן הַזֵּיתִים - מִשֶּׁיִּטְעָנוּם, מִתְטַמְּאִין טֻמְאַת מַשְׁקִין; נִשְׁתַּיְּרוּ בָהֶן (גרוגרות) גַּרְגְּרִין שְׁלֵמִים, מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
25Although it is forbidden to benefit from any of the following: produce that is orlah,58 mixed species that grew in a vineyard,59 the meat of an ox sentenced to be stoned60 that was slaughtered, the meat of a calf designated to have its neck broken,61 whether it was slaughtered beforehand62 or whether its neck was broken,63 the birds used to purify a person afflicted with tzara’at,64 a firstling donkey,65 a mixture of milk and meat, the meat of the red heifer,66 and meat from a sacrifice that is piggul67 or notar68 are all susceptible to the ritual impurity associated with foods.69כההֶעָרְלָה, וְכִלְאֵי הַכֶּרֶם, וְשׁוֹר הַנִּסְקָל שֶׁנִּשְׁחַט, וְעֶגְלָה עֲרוּפָה בֵּין שֶׁנִּשְׁחֲטָה בֵּין שֶׁנֶּעֶרְפָה, וְצִפֳּרֵי מְצֹרָע, וּפֶטֶר חֲמוֹר, וּבָשָׂר בְּחָלָב, וּבְשַׂר פָּרָה אֲדֻמָּה, וְהַפִּגּוּל, וְהַנּוֹתָר, אַף עַל פִּי שֶׁכָּל אֵלּוּ אֲסוּרִין בַּהֲנָאָה - כֻּלָּן מִתְטַמְּאִין טֻמְאַת אֹכָלִין.

Tum'at Okhalin - Chapter 2

1All foods that grow from the earth are not susceptible to ritual impurity until they are uprooted from the ground. As long as they are connected to the earth -even by a small root,1 as long as they can sustain themselves from it2 — they are not susceptible to impurity.אכָּל הָאֹכָלִין הַגְּדֵלִין מִן הַקַּרְקַע - אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיֵּעָקְרוּ; אֲבָל כָּל זְמַן שֶׁהֵן מְחֻבָּרִין, אֲפִלּוּ כְּשֹׁרֶשׁ קָטָן שֶׁיְּכוֹלִין לִחְיוֹת מִמֶּנּוּ - אֵינָן מְקַבְּלִין טֻמְאָה.
2When a branch of a fig tree was broken off, yet it is still connected by its bark, but it cannot sustain itself from it, all the fruit on it are susceptible to ritual impurity. There is an unresolved doubt with regard to this matter: Is the remainder of the tree considered as a handle3 to this broken branch or not?ביִחוּר שֶׁל תְּאֵנָה שֶׁנִּפְשַׁח וּמְעֹרֶה בַּקְּלִפָּה שֶׁאֵינוֹ יָכוֹל לִחְיוֹת מִמֶּנָּה, כָּל הָאֹכָלִין שֶׁבּוֹ מִתְטַמְּאִין; וְיֵשׁ בַּדָּבָר סָפֵק אִם הָיָה שְׁאָר הָאִילָן כְּמוֹ יָד לָזֶה הַיִּחוּר שֶׁנִּשְׁבַּר אוֹ לָאו.
3When vegetables become dried out while budding, e.g., cabbage or squash that becomes dried out while budding, they are not susceptible to the impurity associated with foods.4 If produce was harvested with the intent of it being dried, it is considered as food5 until it becomes totally dry and hard like wood.גיְרָקוֹת שֶׁיָּבְשׁוּ בְּאִבֵּיהֶן, כְּגוֹן כְּרוּב וּדְלַעַת שֶׁיָּבְשׁוּ בְּאִבֵּיהֶן - אֵינָן מִתְטַמְּאִין טֻמְאַת אֹכָלִין; לִקְּטָן לְיַבְּשָׁן - הֲרֵי הֵן אֹכָלִין כְּשֶׁהָיוּ, עַד שֶׁיִּיבְשׁוּ וְיֵעָשׂוּ כְּעֵץ.
4When the branches of a tree that contained fruit were broken off, the fruit is considered as having been harvested. Similarly, if a tree containing fruit dried out, the fruit is considered as having been harvested.6דאִילָן שֶׁנִּפְשַׁח, וּבוֹ פֵּרוֹת - הֲרֵי הֵן כִּתְלוּשִׁין; וְכֵן אִם יָבֵשׁ הָאִילָן, וּבוֹ פֵּרוֹת - הֲרֵי הֵן כִּתְלוּשִׁין.
5When figs dry out when budding, they contract impurity in their place.7התְּאֵנִים שֶׁיָּבְשׁוּ בְּאִבֵּיהֶן, מִטַּמְּאוֹת טֻמְאַת אֹכָלִין בִּמְקוֹמָן.
6All foods that come from living animals are not susceptible to ritual impurity until the animals die.8וכָּל הָאֹכָלִין שֶׁהֵן מִבַּעֲלֵי חַיִּים - אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיָּמוּתוּ.
If one slaughtered a domesticated animal, wild animal, or fowl, even though it is still in its death throes, it is susceptible to ritual impurity.9שָׁחַט בְּהֵמָה חַיָּה וָעוֹף, אַף עַל פִּי שֶׁעֲדַיִן הֵן מְפַרְכְּסִין - מְקַבְּלִין טֻמְאָה.
When do fish contract impurity? When they die.10 If a factor arose that caused a fish to be considered as tereifah11 and it contracted impurity when it is in its death throes, there is an unresolved question: Is it considered as if it had died,12 because it already became tereifah? Or is it not susceptible to ritual impurity until it becomes inanimate like stone and does not move?וְדָגִים מֵאֵימָתַי מְקַבְּלִין טֻמְאָה? מִשֶּׁיָּמוּתוּ. נוֹלַד בָּהֶן טְרֵפָה, וְנִתְטַמְּאוּ כְּשֶׁהֵן מִתְנַדְנְדִין - הֲרֵי יֵשׁ בַּדָּבָר סָפֵק אִם הֵן חֲשׁוּבִין כַּמֵּתִים, הוֹאִיל וְנִטְרְפוּ, אוֹ אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיִּדְּמוּ כָּאֶבֶן וְלֹא יִתְנַדְנְדוּ.
If a limb or meat that was loosely hanging13 from a domesticated or wild animal and could not rejuvenate itself was made fit to contract impurity,14 it is susceptible to impurity even when in its place attached to the animal, because it is already considered as food that has been separated.הָאֵבֶר אוֹ הַבָּשָׂר הַמְּדֻלְדָלִין בִּבְהֵמָה אוֹ חַיָּה שֶׁאֵינָן יְכוֹלִין לִחְיוֹת, אִם הֻכְשְׁרוּ - מְקַבְּלִין טֻמְאָה בִּמְקוֹמָן, מִפְּנֵי שֶׁהֵן חֲשׁוּבִין כְּאֹכֶל שֶׁפֵּרֵשׁ.
If the animal was slaughtered, the slaughter makes it fit to contract impurity,15 because the entire animal is considered as a “handle,” to this limb. And when a “handle” is made susceptible to ritual impurity, the entire organ becomes susceptible, as will be explained.16 There is an unresolved question if an animal can become a “handle” to a loosely hanging limb or flesh in the animal’s lifetime.נִשְׁחֲטָה הַבְּהֵמָה, הֻכְשְׁרוּ בַּשְּׁחִיטָה; שֶׁהַבְּהֵמָה כֻלָּהּ כְּמוֹ יָד לְאֵבֶר זֶה, וְיָד שֶׁהֻכְשַׁר - הֻכְשַׁר הָאֵבֶר כֻּלּוֹ, כְּמוֹ שֶׁיִּתְבָּאֵר. וְיֵשׁ בַּדָּבָר סָפֵק אִם תִּהְיֶה הַבְּהֵמָה בְּחַיֶּיהָ כְּמוֹ יָד לְאֵבֶר אוֹ בָשָׂר הַמְּדֻלְדָלִין בָּהּ.
7When one slaughters a domesticated animal, wild animal, or fowl, all of its meat becomes susceptible to ritual impurity because of the blood that emerges at the time of ritual slaughter.17 Therefore, if no blood emerges at the time of ritual slaughter, all of the meat must be made susceptible to ritual impurity like all other foods that were not yet made susceptible to impurity.זהַשּׁוֹחֵט בְּהֵמָה חַיָּה וָעוֹף, הֻכְשַׁר כָּל הַבָּשָׂר בַּדָּם שֶׁיָּצָא בַּשְּׁחִיטָה. לְפִיכָךְ אִם לֹא יָצָא מֵהֶן דָּם בַּשְּׁחִיטָה - הֲרֵי כָּל בְּשָׂרָן צָרִיךְ הֶכְשֵׁר, כְּכָל הָאֹכָלִין שֶׁלֹּא הֻכְשְׁרוּ.
8When foods are made susceptible to impurity18 while they are attached to the earth or they were made susceptible with water that was attached to the ground, they are not susceptible to impurity. They receive this status only after coming in contact with water that is not in contact with the earth19 or with other liquids after the produce has been detached from the earth,20 as implied by Leviticus 11:34: “in any container.” It can be inferred that a liquid does not make food susceptible to impurity unless it was lifted from the ground, like water in a container.חאֹכָלִין שֶׁהֻכְשְׁרוּ כְּשֶׁהֵן מְחֻבָּרִין לַקַּרְקַע, אוֹ שֶׁהֻכְשְׁרוּ בַּמַּיִם הַמְּחֻבָּרִים שֶׁבַּקַּרְקַע - אֵינוֹ הֶכְשֵׁר, עַד שֶׁיֻּכְשְׁרוּ אַחַר שֶׁנֶּעֶקְרוּ בְּמַיִם הַתְּלוּשִׁין מִן הַקַּרְקַע אוֹ בִּשְׁאָר מַשְׁקִין, שֶׁנֶּאֱמַר "בְּכָל כְּלִי" - אֵינוֹ מַכְשִׁיר עַד שֶׁיִּתָּלֵשׁ מִן הַקַּרְקַע כְּעֵין הַמַּיִם שֶׁבַּכֵּלִים.
If one drew water with a container and then poured it on the ground, it does not make food susceptible to impurity.21שָׁאַב הַמַּיִם בִּכְלִי, וּנְתָנָן בַּקַּרְקַע - אֵינָן מַכְשִׁירִין.
9When a zucchini was planted in a flowerpot22 and it grew, even though23 portions of it emerged outside the flowerpot, it is not susceptible to ritual impurity.24 The rationale is that when a flowerpot has a hole through which a small root can protrude, produce growing in it is considered as attached to the earth and anything planted in it is not susceptible to ritual impurity.טקִשּׁוּת שֶׁנְּטָעָהּ בְּעָצִיץ, וְהִגְדִּילָה, אַף עַל פִּי שֶׁיָּצָאת חוּץ לֶעָצִיץ - אֵינָהּ מְקַבֶּלֶת טֻמְאָה. וְעָצִיץ שֶׁהוּא נָקוּב כְּדֵי שֶׁיֵּצֵא בוֹ שֹׁרֶשׁ קָטָן - הֲרֵי הוּא כָּאָרֶץ, וְהַנָּטוּעַ בּוֹ אֵינוֹ מְקַבֵּל טֻמְאָה.
Similarly, if there was water in it, the water does not make produce susceptible to impurity.25וְכֵן אִם הָיוּ בוֹ מַיִם, אֵינָן מַכְשִׁירִין.
10When a flowerpot does not have a hole, anything growing in it is susceptible to ritual impurity.26 If there is water in it, that water makes produce susceptible to impurity.27יעָצִיץ שֶׁאֵינוֹ נָקוּב, הֲרֵי הַנָּטוּעַ בּוֹ מְקַבֵּל טֻמְאָה; וְאִם הָיוּ מַיִם בְּתוֹכוֹ, מַכְשִׁירִין.
11Vessels made from animal turds or earth28 from which roots can break through and protrude do not cause plants to become susceptible to impurity. Even though they do not have a hole, they are considered as if they have a hole.29יאכְּלֵי גְלָלִים וּכְלֵי אֲדָמָה שֶׁהַשָּׁרָשִׁים יְכוֹלִין לִבְקוֹעַ בָּהֶן וְלָצֵאת, אֵינָן מַכְשִׁירִין אֶת הַזְּרָעִים; וְאַף עַל פִּי שֶׁאֵינָן נְקוּבִין, הֲרֵי הֵן כִּנְקוּבִין.
12When a flowerpot was filled with earth until its edge, it is no longer considered as a container.30 Instead, it is considered as a flat surface that does not have an edge, for it is no longer a receptacle.יבעָצִיץ שֶׁמִּלְּאָהוּ עָפָר עַד שְׂפָתוֹ - אֵינוֹ חָשׁוּב כְּלִי, אֶלָּא הֲרֵי הוּא כְּטַבְלָא שֶׁאֵין לָהּ שָׂפָה, שֶׁאֵינוֹ כְּלִי קִבּוּל.
13When impure liquids fall on foods,31 the foods become impure even though they fell contrary to the desire of the owner.32 The rationale is that the food’s contraction of impurity occurs at the same time as it became susceptible to impurity. This applies provided the liquids are not on the earth.33יגמַשְׁקִין טְמֵאִין שֶׁנָּפְלוּ עַל הָאֹכָלִין - נִטְמְאוּ, אַף עַל פִּי שֶׁנָּפְלוּ שֶׁלֹּא בִּרְצוֹן הַבְּעָלִים, שֶׁהֲרֵי הַטֻּמְאָה וְהַהֶכְשֵׁר בָּאִין כְּאַחַת; וְהוּא, שֶׁלֹּא יִהְיוּ בַּקַּרְקַע.
14Whenever food has spoiled and rotted to the point that it is no longer fit for human consumption,34 it is not susceptible to ritual impurity.35ידכָּל אֹכֶל שֶׁנִּפְסַד וְנִסְרַח עַד שֶׁאֵינוֹ רָאוּי לְמַאֲכַל אָדָם - אֵינוֹ מְקַבֵּל טֻמְאָה.
Similarly, a liquid that has spoiled and become foul to the point that it is no longer fit for human consumption is not susceptible to ritual impurity, just as it does not make foods susceptible to ritual impurity,36 as implied by Leviticus 11:34: “which he shall drink.”37וְכֵן מַשְׁקֶה שֶׁנִּסְרַח וְנִפְסַד, וְאֵינוֹ רָאוּי לִשְׁתִיַּת אָדָם - אֵינוֹ מְקַבֵּל טֻמְאָה, כְּדֶרֶךְ שֶׁאֵינוֹ מַכְשִׁיר; שֶׁנֶּאֱמַר "אֲשֶׁר יִשָּׁתֶה".
15When one cooked an animal’s hide or thought of partaking of a placenta,38 they contract ritual impurity39 as an independent entity.40טוהָעוֹר שֶׁשְּׁלָקוֹ, וְהַשִּׁלְיָא שֶׁחִשַּׁב עָלֶיהָ לַאֲכִילָה - מִתְטַמְּאִין טֻמְאַת אֹכָלִין בִּפְנֵי עַצְמָן.
16When one cooks the hide of a donkey, there is an unresolved question whether it contracts ritual impurity as an independent entity, because it was cooked or it does not contract impurity, because it is very disgusting.41טזעוֹר הַחֲמוֹר שֶׁשְּׁלָקוֹ - הֲרֵי זֶה סָפֵק אִם מִתְטַמֵּא טֻמְאַת אֹכָלִין בִּפְנֵי עַצְמוֹ, מִפְּנֵי שֶׁשְּׁלָקוֹ, אוֹ אֵינוֹ מִתְטַמֵּא, מִפְּנֵי שֶׁהוּא מָאוּס הַרְבֵּה.
17Kernels of wheat that are found in cattle turds or barley that is found in animal turds that were collected are not susceptible to ritual impurity.42 If one thought of partaking of them,43 they contract the ritual impurity associated with foods.יזחִטִּים שֶׁבְּגֶלְלֵי בָקָר וּשְׂעוֹרִים שֶׁבְּגֶלְלֵי הַבְּהֵמָה שֶׁלִּקְּטָן, אֵין מְקַבְּלִין טֻמְאָה; וְאִם חִשַּׁב עֲלֵיהֶן לַאֲכִילָה, מִתְטַמְּאוֹת טֻמְאַת אֹכָלִין.
18When food became impure and after it became impure, it spoiled and rotted, if it became unfit for a dog to eat or it became dry like a shard,44 it is pure.45
If it became unfit for human consumption, but it is still fit for a dog, it remains impure as it was beforehand.
יחכָּל אֹכֶל שֶׁנִּטְמָא, וְאַחַר שֶׁנִּטְמָא נִפְסַד וְנִסְרַח: אִם נִפְסַל מִלֶּאֱכוֹל הַכֶּלֶב, אוֹ שֶׁיָּבֵשׁ כַּחֶרֶס, הֲרֵי זֶה טָהוֹר; וְאִם נִפְסַל מִלֶּאֱכוֹל אָדָם, וַעֲדַיִן הוּא רָאוּי לַכֶּלֶב - הֲרֵי זֶה טָמֵא כְּשֶׁהָיָה.
Whenever food becomes impure, it cannot regain purity by being immersed in a mikveh.וְכָל הָאֹכָלִין שֶׁנִּטְמְאוּ, אֵין לָהֶן טָהֳרָה בַּמִּקְוֶה.
19When one sows impure seeds, the plant that grows from them is pure, even if it is an entity whose seed does not decompose.46 The above applies provided the seeds sprout roots.47 If, however, they do not sprout roots, they remain impure even if the seed decomposes.48יטזְרָעִים טְמֵאִים שֶׁזְּרָעָם - הֲרֵי הַצּוֹמֵחַ מֵהֶן טָהוֹר, וַאֲפִלּוּ בְּדָבָר שֶׁאֵין זַרְעוֹ כָּלֶה. וְהוּא, שֶׁהִשְׁרִישׁוּ; אֲבָל קֹדֶם הַשְׁרָשָׁה - הֲרֵי הֵן בְּטֻמְאָתָן, אֲפִלּוּ בְּדָבָר שֶׁזַּרְעוֹ כָּלֶה.
20When food is attached to a utensil,49 it is no longer considered as food. If the utensil becomes impure, it contracts the impurity of the utensil. Since the food serves as wood,50 it is considered as wood.51כאֹכָלִין שֶׁמְּחֻבָּרִין לְכֵלִים, בָּטְלוּ מִתּוֹרַת אֹכֶל; וְאִם נִטְמָא הַכְּלִי, הֲרֵי הֵן מִתְטַמְּאִין בְּטֻמְאַת הַכְּלִי - הוֹאִיל וְהֵן מְשַׁמְּשִׁין תַּשְׁמִישׁ עֵץ, הֲרֵי הֵן כָּעֵץ.
21Whenever a liquid contracts impurity and afterwards spoils and becomes foul,52 it remains impure forever. For the impurity of a liquid never departs, even if it becomes unfit for a dog to drink.כאכָּל מַשְׁקֶה שֶׁנִּטְמָא, וְאַחַר שֶׁנִּטְמָא נִפְסַד וְנִסְרַח - הֲרֵי זֶה בְּטֻמְאָתוֹ לְעוֹלָם; שֶׁאֵין הַמַּשְׁקֶה יוֹצֵא עַל יְדֵי הַכֶּלֶב לְעוֹלָם.
Liquid that becomes impure can never regain purity. The only exception is water, i.e., if one immersed impure water in a mikveh, when the water of the mikveh covers the impure water, it regains purity. Hot impure water can be immersed in a cold mikveh. Similarly, cold water can be immersed in hot water, foul water can be immersed in pleasant water, and pleasant water in foul water.וְאֵין לַמַּשְׁקֶה שֶׁנִּטְמָא טָהֳרָה, חוּץ מִן הַמַּיִם בִּלְבָד; שֶׁאִם הִטְבִּיל מַיִם טְמֵאִים בַּמִּקְוֶה - כֵּיוָן שֶׁצָּפוּ מֵי מִקְוֶה עֲלֵיהֶן, טָהֲרוּ. וּמַטְבִּילִין חַמִּין בְּצוֹנֵן, וְצוֹנֵן בְּחַמִּין, וְרָעִים בְּיָפִים, וְיָפִים בְּרָעִים.
22When a staff was thoroughly wet with impure liquids,53 if a portion of it was immersed, the water on the other portion54 is not purified until it is immersed in its entirety.כבמַקֵּל שֶׁהִיא מְלֵאָה מַשְׁקִין טְמֵאִים, וְהִטְבִּיל מִקְצָתָהּ בַּמִּקְוֶה - לֹא טָהֲרוּ הַמַּיִם שֶׁעַל מִקְצָתָהּ, עַד שֶׁיִּטְבֹּל אֶת כֻּלָּהּ.
23When snow becomes impure and a portion of it is joined to the waters of a mikveh, since a portion became pure, it becomes pure in its entirety.55כגשֶׁלֶג שֶׁנִּטְמָא, וְהִשִּׁיק מִקְצָתוֹ לְמֵי מִקְוֶה - הוֹאִיל וְטָהַר מִקְצָתוֹ, טָהַר כֻּלּוֹ.
24Temed56 that became impure — whether it became impure after the water was mixed with the grape dregs or whether the grape dregs were mixed with impure water — until it becomes vinegary, it can be brought into contact with a mikveh and purified, for it is like water. Once it becomes vinegary, it’s like wine and it cannot be purified in a mikveh.כדהַתְּמָד הַטָּמֵא, בֵּין שֶׁנִּטְמָא אַחַר שֶׁתִּמְּדוֹ, בֵּין שֶׁתִּמְּדוֹ בְּמַיִם טְמֵאִים: עַד שֶׁלֹּא הֶחֱמִיץ, מַשִּׁיקוֹ בַּמִּקְוֶה וְיִטְהַר, שֶׁהֲרֵי הוּא כַּמַּיִם; מִשֶּׁהֶחֱמִיץ - הֲרֵי הוּא כְּיַיִן, וְאֵין לוֹ טָהֳרָה בַּמִּקְוֶה.
25When a pot was filled with liquids, e.g., honey, wine, or the like, and placed in a mikveh and then a person who was a primary derivative of impurity57 extended his hand outward and touched the liquids, the liquids become impure even though they are in the mikveh.58 And the pot contracts impurity from the liquids in it,59 even though it is in the mikveh.כהקְדֵרָה שֶׁמְּלֵאָה מַשְׁקִין כְּגוֹן דְּבַשׁ וְיַיִן וְכַיּוֹצֵא בָהֶן, וּנְתוּנָה בְּתוֹךְ הַמִּקְוֶה, וּפָשַׁט הָרִאשׁוֹן לַטֻּמְאָה אֶת יָדוֹ וְנָגַע בָּהּ - הֲרֵי זֶה מְטַמֵּא אֶת הַמַּשְׁקִין, אַף עַל פִּי שֶׁהִיא בְּתוֹךְ הַמִּקְוֶה; וְנִטְמֵאת הַקְּדֵרָה מֵחֲמַת הַמַּשְׁקִין שֶׁבְּתוֹכָהּ, אַף עַל פִּי שֶׁהִיא בְּתוֹךְ הַמִּקְוֶה, [שֶׁהֲרֵי הַמַּשְׁקִין שֶׁבָּהּ חוֹצְצִין].
If, by contrast, the pot contained water, the pot is pure, because a derivative of impurity never imparts impurity to an earthenware container.60 Nor does the water it contains contract impurity, for it is mixed with the water of the mikveh.הָיְתָה מְלֵאָה מַיִם - הַקְּדֵרָה טְהוֹרָה, שֶׁאֵין הָרִאשׁוֹן מְטַמֵּא כְּלֵי חֶרֶס לְעוֹלָם; וְאֵין הַמַּיִם שֶׁבְּתוֹכָהּ טְמֵאִים, מִפְּנֵי שֶׁהֵן מְעֹרָבִים בְּמֵי הַמִּקְוֶה.
If, however, a person who is considered a source of impurity61 extended his hand and touched it, the pot becomes impure,62 for a mikveh does not impart purity to an earthenware container.63פָּשַׁט אַב הַטֻּמְאָה אֶת יָדוֹ וְנָגַע בָּהּ - נִטְמֵאת הַקְּדֵרָה, שֶׁאֵין הַמִּקְוֶה מְטַהֵר כְּלֵי חֶרֶס.
26Drainage water can be assumed to be impure.64 If rain water descended upon it to the extent that it became the majority, the mixture is pure.65 If they are of equal quantities, everything is impure, whether the water is found in a container or on the earth.כומֵי שְׁפִיכוּת, הֲרֵי הֵן בְּחֶזְקַת טֻמְאָה. יָרְדוּ עֲלֵיהֶן מֵי גְשָׁמִים: אִם רַבּוּ עֲלֵיהֶן, הֲרֵי הֵן טְהוֹרִים; מֶחֱצָה לְמֶחֱצָה - הַכֹּל טָמֵא, בֵּין בְּכֵלִים בֵּין בְּקַרְקָעוֹת.
When does this apply? When the drainage water came first.66 If, however, the rain water came first and then even the slightest amount of drainage water fell upon them, everything is impure, for when impure liquids descend into pure liquids, even the slightest amount imparts impurity.67אֵימָתַי? בִּזְמַן שֶׁקָּדְמוּ מֵי שְׁפִיכָה; אֲבָל אִם קָדְמוּ מֵי גְשָׁמִים, וְיָרְדוּ עֲלֵיהֶן כָּל שֶׁהוּא מִמֵּי שְׁפִיכוּת - הַכֹּל טָמֵא, שֶׁמַּשְׁקִין טְמֵאִין שֶׁיָּרְדוּ לַטְּהוֹרִים מְטַמְּאִין בְּכָל שֶׁהוּא.
27When a person spreads mud on the roof of his house68 or if he washes his clothes and water is dripping from them and then it rained and the dripping increased, we conclude that the majority is rain water and the water that drips is pure.כזהַטּוֹרֵף אֶת גַּגּוֹ וְהַמְכַבֵּס אֶת כְּסוּתוֹ, וַהֲרֵי הֵן מְנַטְּפִין, יָרְדוּ עֲלֵיהֶן גְּשָׁמִים, וְרַבּוּ הַנְּטִיפוֹת - הֲרֵי רַבּוּ מֵי גְשָׁמִים עֲלֵיהֶן, וְהַנּוֹטְפִין מֵהֶן טְהוֹרִין.
28The following rules apply when a person applied ritually pure oil to his body and afterwards contracted impurity. Should he immerse himself69 while the oil is still on his body, if merely the amount of oil to rub on a small finger was applied, the oil is pure as it was originally.70כחהַסָּךְ שֶׁמֶן טָהוֹר, וְנִטְמָא זֶה הָאָדָם, וְטָבַל, וַהֲרֵי הַשֶּׁמֶן עַל בְּשָׂרוֹ, אִם הָיָה כְּדֵי סִיכַת אֵבֶר קָטָן - הֲרֵי הוּא טָהוֹר כְּשֶׁהָיָה מִקֹּדֶם.
If a person applies impure oil to his body and immerses himself, the oil on his body does not regain purity. Instead, if there is moist oil on his body, the oil remains impure. If there is not enough that feels moist, it is nullified because of the small amount that is there.סָךְ שֶׁמֶן טָמֵא, וְטָבַל - לֹא טָהַר הַשֶּׁמֶן שֶׁעָלָיו, אֶלָּא אִם נִשְׁאַר מִמֶּנּוּ מַשְׁקֶה טוֹפֵחַ, הֲרֵי הַשֶּׁמֶן בְּטֻמְאָתוֹ; וְאִם לֹא נִשְׁאַר מִמֶּנּוּ כְּדֵי לְהַטְפִּיחַ מִמֶּנּוּ, בָּטֵל בְּמִעוּטוֹ.

Tum'at Okhalin - Chapter 3

1We have already explained1 that food does not contract impurity until it is made fit to do so and that all food that is not designated for human consumption does not contract ritual impurity until it is designated for human consumption.אכְּבָר בֵּאַרְנוּ שֶׁאֵין הָאֹכָלִין מִתְטַמְּאִין עַד שֶׁיֻּכְשְׁרוּ; וְשֶׁכָּל אֹכֶל שֶׁאֵינוֹ מְיֻחָד לְמַאֲכַל אָדָם, אֵינוֹ מְקַבֵּל טֻמְאָה עַד שֶׁיִּחֲדוֹ לָאָדָם.
2The following rules apply when food is designated for human consumption in one locale, but is not designated for human consumption in another place. In a place where it is so designated, special intent is not necessary to designate it for human consumption. In a place where it is not so designated, one must have a special intent to designate it for human consumption and then it will be2 susceptible to ritual impurity. Any food that will ultimately impart impurity3 to a person or to keilim need not be exposed to liquids to become susceptible to ritual impurity.באֹכֶל שֶׁהוּא מְיֻחָד לָאָדָם בְּמָקוֹם הַזֶּה, וְאֵינוֹ מְיֻחָד לָאָדָם בְּמָקוֹם אַחֵר - בַּמָּקוֹם שֶׁהוּא מְיֻחָד בּוֹ, אֵינוֹ צָרִיךְ מַחֲשָׁבָה לְיַחֲדוֹ לָאָדָם; וּבַמָּקוֹם שֶׁאֵינוֹ מְיֻחָד בּוֹ, צָרִיךְ מַחֲשָׁבָה לְיַחֲדוֹ לָאָדָם וְאַחַר כָּךְ יְקַבֵּל טֻמְאָה. וְכָל אֹכֶל שֶׁסּוֹפוֹ לְטַמֵּא אָדָם וְכֵלִים, אֵינוֹ צָרִיךְ הֶכְשֵׁר.
3There are foods that require exposure to liquids, but do not require a special intent. There are foods that require a special intent, but do not require exposure to liquids, foods that require special intent and exposure to liquids, and foods that require neither special intent, nor exposure to Liquids.4 What is implied? All foods that are designated for human consumption in any place require exposure to liquids, but do not require special intent. Kosher fish and kosher locusts5 in all places and non-kosher locusts and fish in rural areas6 are considered as designated for human consumption and require exposure to liquids, but do not require a special intent. Similarly, in all places,7 the fat of a kosher animal that died8 requires exposure to liquids,9 but does not require special intent.גיֵשׁ אֹכָלִין שֶׁצְּרִיכִין הֶכְשֵׁר וְאֵינָן צְרִיכִין מַחֲשָׁבָה, וְיֵשׁ שֶׁצְּרִיכִין מַחֲשָׁבָה וְאֵינָן צְרִיכִין הֶכְשֵׁר, וְיֵשׁ שֶׁצְּרִיכִין מַחֲשָׁבָה וְהֶכְשֵׁר, וְיֵשׁ שֶׁאֵין צְרִיכִין לֹא מַחֲשָׁבָה וְלֹא הֶכְשֵׁר. כֵּיצַד? כָּל הָאֹכָלִין הַמְּיֻחָדִין לָאָדָם בְּכָל מָקוֹם - צְרִיכִין הֶכְשֵׁר, וְאֵין צְרִיכִין מַחֲשָׁבָה. דָּגִים טְהוֹרִים וַחֲגָבִים טְהוֹרִים בְּכָל מָקוֹם, וַחֲגָבִים טְמֵאִים וְדָגִים טְמֵאִים בַּכְּפָרִים - הֲרֵי הֵן מְיֻחָדִין לָאָדָם, וְצָרִיךְ הֶכְשֵׁר וְלֹא מַחֲשָׁבָה; וְכֵן חֵלֶב בְּהֵמָה טְהוֹרָה שֶׁמֵּתָה - צָרִיךְ הֶכְשֵׁר וְלֹא מַחֲשָׁבָה, בְּכָל מָקוֹם.
The following require special intent10 and exposure to liquids: Meat that was separated11 from a living being, whether a human, animal, or fowl,12 the carcass of a non-kosher fowl,13 in rural areas,14 the fat of a kosher domesticated animal that was ritually slaughtered — even though it was exposed to liquids when slaughtered,15 it requires a second exposure after one had the intent to partake of it,16 and all wild vegetables, e.g., very pungent onions17 and mushrooms. Similarly, in rural areas, small locusts and fish18 require a special intent.וְאֵלּוּ צְרִיכִין מַחֲשָׁבָה וְהֶכְשֵׁר׃ בָּשָׂר הַפּוֹרֵשׁ מִן הַחַי - בֵּין מִן הָאָדָם, בֵּין מִן הַבְּהֵמָה, בֵּין מִן הָעוֹף; וְנִבְלַת הָעוֹף הַטָּמֵא; וְחֵלֶב בְּהֵמָה טְהוֹרָה שְׁחוּטָה בַּכְּפָרִים, אַף עַל פִּי שֶׁהֻכְשַׁר בַּשְּׁחִיטָה - צָרִיךְ הֶכְשֵׁר שֵׁנִי אַחַר הַמַּחֲשָׁבָה; וּשְׁאָר כָּל יַרְקוֹת הַשָּׂדֶה כְּגוֹן הַבְּצָלִים הַקָּשִׁים בְּיוֹתֵר וְהַפִּטְרִיּוֹת, וְכֵן חֲגָבִים וְדָגִים קְטַנִּים - צְרִיכִין מַחֲשָׁבָה בַּכְּפָרִים.
When endives19 were sown for animal fodder and then the owner changed his mind and thought of using them for human consumption, they are not subject to ritual impurity unless he had such intent after they were picked. For an intent that one had while produce is connected to the earth is not significant. When one collected endives for an animal, washed them, and then thought to serve them to a human being,20 they must be exposed to liquids again after the change of mind. Similar laws apply in all analogous situations.עֹלְשִׁין שֶׁזְּרָעָן לַבְּהֵמָה, וְנִמְלַךְ עֲלֵיהֶן לָאָדָם - אֵינָן מְקַבְּלִין טֻמְאָה עַד שֶׁיַּחֲשֹׁב עֲלֵיהֶן אַחַר שֶׁיִּתָּלְשׁוּ; שֶׁמַּחֲשֶׁבֶת חִבּוּר אֵינָהּ מַחֲשָׁבָה. עֹלְשִׁין שֶׁלִּקְּטָן לִבְהֶמְתּוֹ וֶהֱדִיחָן, וְנִמְלַךְ עֲלֵיהֶן לָאָדָם - צְרִיכִין הֶכְשֵׁר שֵׁנִי אַחַר הַמַּחֲשָׁבָה; וְכֵן כָּל כַּיּוֹצֵא בָזֶה.
If one thought of partaking of the allal,21 it can contract the impurity associated with foods. If not, it is considered as wood22 and it is not susceptible to ritual impurity. Similarly, bones that are joined to meat, the giddim,23 the soft portions of the horns and the hoofs, the thin feathers and the wooly hairs24 of a fowl, the soft portion of its nails and its beak that are embedded in its flesh require special intent and exposure to liquids.25הָאֲלַל - אִם חִשַּׁב עָלָיו לַאֲכִילָה, מְקַבֵּל טֻמְאַת אֹכָלִין; וְאִם לָאו, הֲרֵי הוּא כָּעֵץ וְאֵינוֹ מְקַבֵּל טֻמְאָה. וְכֵן הָעֲצָמוֹת הַמְּחֻבָּרִין בַּבָּשָׂר, וְהַגִּידִים, וְהַמְּקוֹמוֹת הָרַכִּים מִן הַקְּרָנַיִם וּמִן הַטְּלָפַיִם, וְהַכְּנָפַיִם וְהַנּוֹצָה, וְהַמְּקוֹמוֹת הָרַכִּים מִן הַצִּפָּרְנַיִם וּמִן הַחַרְטוֹם הַמֻּבְלָעִין בַּבָּשָׂר - צְרִיכִין הֶכְשֵׁר וּמַחֲשָׁבָה.
The following require neither special intent, nor exposure to liquids: the carcass of an animal from a kosher species, the carcass of a fowl from a kosher species, and the fat of a domesticated animal in large cities. None of these require either special intent, or exposure to liquids. The rationale is that since they are designated for human consumption, there is no need for special intent. They do not require exposure to liquids for ultimately, an olive-sized portion of them can impart impurity26 to a person or to a k’li and any substance that imparts impurity of a more severe type does not require exposure to liquids.27וְאֵלּוּ שֶׁאֵין צְרִיכִין לֹא מַחֲשָׁבָה וְלֹא הֶכְשֵׁר׃ נִבְלַת בְּהֵמָה טְהוֹרָה בְּכָל מָקוֹם, וְנִבְלַת הָעוֹף הַטָּהוֹר, וְחֵלֶב בְּהֵמָה טְמֵאָה בַּכְּרַכִּים - לְפִי שֶׁהֵן מְיֻחָדִין לְמַאֲכַל אָדָם, אֵין אֶחָד מֵאֵלּוּ צָרִיךְ מַחֲשָׁבָה; וְאֵינָן צְרִיכִין הֶכְשֵׁר, מִפְּנֵי שֶׁסּוֹפָן לְטַמֵּא אָדָם וְכֵלִים בִּכְזַיִת, וְכָל הַמְטַמֵּא טֻמְאָה חֲמוּרָה אֵינוֹ צָרִיךְ הֶכְשֵׁר.
The following require special intent, but not exposure to liquids: The carcass of a fowl from a kosher species in rural areas28 and the carcass of an animal from a non-kosher species in all places. The above applies when one has in mind to partake of less than an olive-sized portion.29 An olive-sized portion, by contrast, is a primary source of impurity.וְאֵלּוּ צְרִיכִין מַחֲשָׁבָה, וְאֵינָן צְרִיכִין הֶכְשֵׁר - נִבְלַת הָעוֹף הַטָּהוֹר בַּכְּפָרִים, וְנִבְלַת בְּהֵמָה טְמֵאָה בְּכָל מָקוֹם; וְהוּא שֶׁחִשַּׁב עַל פָּחוֹת מִכְּזַיִת, אֲבָל כְּזַיִת אַב טֻמְאָה הוּא.
4When a Jew slaughters a non-kosher animal for a gentile and slits the two — or the majority of the two signs of ritual slaughter,30 — it imparts the impurity associated with food31 as long as it is in its death-throes.32 It does not require a specific intent, for when a Jew slaughters an animal for a gentile to eat, there is no greater special intent.33 It does not require exposure to liquids, for ultimately, it will impart impurity of a more severe type. If he only slit one of the signs of ritual slaughter or stabbed it in the throat, it does not contract the impurity associated with foods.34 Similarly, if a gentile slaughtered a kosher animal for a Jew, slitting the two- or the majority of the two — signs of ritual slaughter, it imparts the impurity associated with food35 as long as it is in its death-throes and it does not need to be exposed to liquids.36 If he only slit one of the signs of ritual slaughter or stabbed it in the throat, it does not contract the impurity associated with foods and is considered like other animal carcasses.37דיִשְׂרָאֵל שֶׁשָּׁחַט בְּהֵמָה טְמֵאָה לַנָּכְרִי, וְשָׁחַט בָּהּ שְׁנַיִם [אוֹ רֹב שְׁנַיִם] - הֲרֵי זוֹ מִתְטַמְּאָה טֻמְאַת אֹכָלִין כָּל זְמַן שֶׁהִיא מְפַרְכֶּסֶת; וְאֵין צְרִיכָה מַחֲשָׁבָה - שֶׁהֲרֵי יִשְׂרָאֵל שְׁחָטָהּ לַאֲכִילַת הַגּוֹי, וְאֵין לְךָ מַחֲשָׁבָה גְּדוֹלָה מִזּוֹ; וְאֵינָהּ צְרִיכָה הֶכְשֵׁר, לְפִי שֶׁסּוֹפָהּ לְטַמֵּא טֻמְאָה חֲמוּרָה. שָׁחַט בָּהּ אֶחָד, אוֹ שֶׁנְּחָרָהּ - אֵינָהּ מִטַּמְּאָה טֻמְאַת אֹכָלִין. וְכֵן גּוֹי שֶׁשָּׁחַט בְּהֵמָה טְהוֹרָה לְיִשְׂרָאֵל, וְשָׁחַט בָּהּ שְׁנַיִם אוֹ רֹב שְׁנַיִם - מִתְטַמֵּא טֻמְאַת אֹכָלִין כָּל זְמַן שֶׁהִיא מְפַרְכֶּסֶת, וְאֵינָהּ צְרִיכָה הֶכְשֵׁר; שָׁחַט בָּהּ אֶחָד, אוֹ נְחָרָהּ - אֵינָהּ מִטַּמְּאָה טֻמְאַת אֹכָלִין, וַהֲרֵי הִיא כִּשְׁאָר הַנְּבֵלוֹת.
5When a person cuts meat from a limb severed from a living animal38 and, afterwards, considered using it as food, it requires exposure to liquids to become susceptible to impurity.39 If he thought of using it as food and then severed it, it does not require exposure to liquids, because it imparts the severe impurity associated with an animal carcass.40 And whenever a substance imparts severe impurity, it need not be exposed to liquids.ההַחוֹתֵךְ בָּשָׂר מֵאֵבֶר מִן הַחַי שֶׁל בְּהֵמָה, וְאַחַר כָּךְ חִשַּׁב עָלָיו - צָרִיךְ הֶכְשֵׁר. חִשַּׁב עָלָיו, וְאַחַר כָּךְ חֲתָכוֹ - אֵינוֹ צָרִיךְ הֶכְשֵׁר; מִפְּנֵי שֶׁמְּטַמֵּא טֻמְאָה חֲמוּרָה כַּנְּבֵלָה, וְכָל הַמְטַמֵּא טֻמְאָה חֲמוּרָה אֵינוֹ צָרִיךְ הֶכְשֵׁר.
6When a person has in mind to partake of less than an olive-sized portion of the carcass of a non-kosher animal41 and combined it with other foods to complete the egg-sized portion of impure foods required to impart impurity,42 the entire amount43 need not be exposed to water. The rationale is that were one to increase the portion that is less than an olive-sized portion in the eggsized portion until it was the size of an olive, it would impart severe impurity.ופָּחוֹת מִכְּזַיִת מִנִּבְלַת בְּהֵמָה טְמֵאָה שֶׁחִשַּׁב עָלָיו, וְהִשְׁלִים עָלָיו כַּבֵּיצָה מֵאֹכָלִים אֲחֵרִים - אֵין הַכֹּל צָרִיךְ הֶכְשֵׁר; הוֹאִיל וּפָחוֹת מִכְּזַיִת שֶׁבְּכָל הַבֵּיצָה, אִם הִשְׁלִימוֹ לִכְזַיִת, מְטַמֵּא טֻמְאָה חֲמוּרָה.
Similarly, when there is an olive-sized portion of meat from an animal that one had in mind to eat that was covered with dough until it reached the size of an egg, since it does not impart impurity when touched because of the dough,44 it is necessary that one have in mind to use it as food.45 The dough need not be exposed to liquids to contract impurity. The rationale is that the entire measure can impart impurity when carried, because of the olive-sized portion of the animal carcass it contains. Even though it does not impart impurity when touched, it is considered as if it is ultimately capable of imparting more severe impurity.46 Therefore it need not be exposed to liquids.47וְכֵן כְּזַיִת מִנִּבְלַת בְּהֵמָה טְמֵאָה שֶׁחִשַּׁב עָלָיו, וְהִנִּיחָהּ בְּבָצֵק עַד שֶׁהִשְׁלִים לְכַבֵּיצָה - הוֹאִיל וְאֵינוֹ מְטַמֵּא בַּמַּגָּע מִפְּנֵי הַבָּצֵק, הֲרֵי זֶה צָרִיךְ מַחֲשָׁבָה. וְאֵין הַבָּצֵק הַזֶּה צָרִיךְ הֶכְשֵׁר, הוֹאִיל וְכָל הַשִּׁעוּר הַזֶּה מְטַמֵּא בַּמַּשָּׂא מִפְּנֵי כְּזַיִת נְבֵלָה שֶׁבְּתוֹכוֹ; אַף עַל פִּי שֶׁאֵינוֹ מְטַמֵּא בַּמַּגָּע, הֲרֵי סוֹפוֹ לְטַמֵּא טֻמְאָה חֲמוּרָה - לְפִיכָךְ אֵין צָרִיךְ הֶכְשֵׁר.
7When there is less than an olive-sized portion of a human corpse to which other foods were added so that an egg-sized portion of food would be reached, one must have in mind partaking of the entire amount for it to become susceptible to impurity, since generally, the entire amount is considered of no importance by all people.48 The entire amount does not require to be exposed to water, because of the meat from the corpse that it contains.49זפָּחוֹת מִכְּזַיִת מִבְּשַׂר הַמֵּת, שֶׁהִשְׁלִים עָלָיו כַּבֵּיצָה מִשְּׁאָר אֹכָלִין - הַכֹּל צָרִיךְ מַחֲשָׁבָה, שֶׁהֲרֵי בָּטֵל הַכֹּל אֵצֶל כָּל אָדָם; וְאֵין הַכֹּל צָרִיךְ הֶכְשֵׁר, מִפְּנֵי בְּשַׂר הַמֵּת שֶׁבִּכְלָלוֹ.
8When an olive-sized portion of a human corpse is covered with dough, the entire amount imparts the severe impurity associated with a human corpse.50חכְּזַיִת מִן הַמֵּת שֶׁחִפָּהוּ בְּבָצֵק - הַכֹּל מְטַמֵּא טֻמְאָה חֲמוּרָה.
9When a person cuts flesh from a living human being to feed to an animal, if afterwards, he thinks of using it as food for humans, for it to impart the impurity associated with foods, he must have such an intent, but it need not be exposed to water.51טהַחוֹתֵךְ בָּשָׂר מֵאָדָם חַי לְהַאֲכִילוֹ לַכֶּלֶב - אִם חִשַּׁב עָלָיו לְמַאֲכַל אָדָם, הֲרֵי זֶה צָרִיךְ מַחֲשָׁבָה וְאֵינוֹ צָרִיךְ הֶכְשֵׁר.
10When a chick falls into a vat of wine and dies, even though the vat is located in a city,52 it becomes repulsive in the vat.53 Therefore to become susceptible to ritual impurity, one must have a specific intent to partake of it. If, when one lifted it out of the vat,54 he thought of feeding it to a gentile, it imparts impurity, for he thought of using it for human consumption.55 If he thought of feeding it to a dog, it does not contract the impurity associated with foods.56יגּוֹזָל שֶׁנָּפַל לַגַּת וָמֵת, אַף עַל פִּי שֶׁהַגַּת בַּמְּדִינָה - הֲרֵי נִמְאַס בַּגַּת, וּלְפִיכָךְ צָרִיךְ מַחֲשָׁבָה. חִשַּׁב עָלָיו כְּשֶׁהֶעֱלָהוּ לְהַאֲכִילוֹ לַנָּכְרִי - הֲרֵי זֶה מִטַּמֵּא, שֶׁהֲרֵי חִשַּׁב עָלָיו לְמַאֲכַל אָדָם; חִשַּׁב עָלָיו לְהַאֲכִילוֹ לַכֶּלֶב, אֵינוֹ מִתְטַמֵּא טֻמְאַת אֹכָלִין.
If the person who thought of feeding it to a person was a deaf mute, a mentally or emotionally compromised person, or a minor, it is pure.57 If such individuals lifted it out of the vat to feed it to a person,58 it is impure,59 for their deeds are significant,60 but not their intent.הָיָה זֶה שֶׁחִשַּׁב עָלָיו לְהַאֲכִילוֹ לָאָדָם חֵרֵשׁ שׁוֹטֶה וְקָטָן, הֲרֵי זֶה טָהוֹר; הֶעֱלוּהוּ כְּדֵי לְהַאֲכִילוֹ לָאָדָם, הֲרֵי זֶה טָמֵא - שֶׁיֵּשׁ לָהֶן מַעֲשֶׂה, וְאֵין לָהֶן מַחֲשָׁבָה.
Footnotes for Tum'at Okhalin - Chapter 1
1.

I.e., if they come in contact with a source of ritual impurity, they contract ritual impurity.

2.

See Chapter 3 where the concept of “designated for human consumption” is clarified.

3.

Mentioned in Halachah 2.

4.

Literally, “being made fit,” i.e., ready, to contract impurity. See Commentary to the Mishnah (Machshirin 1:1).

5.

The verse continues to relate how the food can contract impurity if it comes in contact with an animal carcass. The implication is that only after it is dampened by water can it contract impurity in this manner.

6.

As mentioned in Chapter 10, several of the liquids mentioned here also have derivatives that also can contract impurity and make objects susceptible to impurity.

7.

As stated in Chapter 10, Halachah 3, this refers only to the blood that flows at the time an animal is slaughtered. Other blood does not have this distinction.

8.

The intent is honey that comes from bees. Although in the Bible, the term honey often refers to date honey, that is not the intent here. The Sifra to the above verse uses Biblical exegesis to infer that these seven liquids (and their derivatives) alone make food susceptible to ritual impurity. See Chapter 10 for more details regarding these liquids.

9.

If, by contrast, water spills accidentally on food, it may not become susceptible to impurity.

10.

Leviticus 11:34 speaks of “liquids that will be drunk,” implying that in this context, only potable liquids are given this status (Sifra).

11.

The term mei peirot, which literally means “fruit juice,” also applies to liquids of other origin as stated in Chapter 10.

12.

The Ra’avad differs with the Rambam and maintains that although fruit juices do not make foods susceptible to ritual impurity, if fruit was squeezed with the intent of producing juice, that juice is itself susceptible to ritual impurity. The Kessef Mishneh elaborates in support of the Rambam’s position, refuting the Ra’avad’s arguments.

13.

In his Commentary to the Mishnah (Sh’vi’it 4:9), the Rambam interprets this term as meaning that if they were squeezed in their present state, they would only produce a third of the liquid they would produce when left to ripen to maturity.

14.

Our translation of this and the following terms are taken from Rav Kapach’s notes to his translation of the Arabic terms used in the Rambam’s Commentary to the Mishnah (Uktzin 3:5; T’vul Yom 1:5).

15.

An Indian fruit resembling a pomegranate. Others interpret the term as a species of cinnamon.

16.

E. g., cinnamon or nutmeg.

17.

Chilba, a sharp pungent herb.

18.

For then it is considered as a spice, as the substances mentioned in the previous halachah.

19.

From the Rambam’s Commentary to the Mishnah (Uktzin 3:4), it appears that the intent is that raw dill is always considered a vegetable. If it was placed in a pot, it is considered a spice. Hence, after it was removed from the pot, it does not contract ritual impurity. This interpretation eliminates the basis for the question raised by the Ra’avad. See parallels in Hilchot Terumot 15:12, Hilchot Ma’aser Sheni 7:10.

20.

The standard text of the Rambam’s source, the Tosefta, Uktzin 3:8, speaks of the dates and the figs becoming spoiled to the point that they are not fit for a dog. The Rambam apparently had a different version of that source. According to his conception, once foods are no longer fit for human consumption, they do not contract the impurity associated with food. They do not have to be spoiled entirely. See Chapter 2, Halachah 14 and notes.

21.

Beans usually used as animal fodder, but used for humans in a difficult situation.

22.

Otherwise, like animal fodder, it does not contract impurity.

23.

I.e., with regard to ritual impurity. The Rambam is quoting his source, Uktzin 3:7. In other contexts, it is considered as food; see Hilchot Berachot 8:6; Hilchot Ma'aser Sheni 7:8; Hilchot Shmitah 5:21.

24.

For a deed has been performed to place them in that category.

25.

After one squeezed grapes to remove their juice for wine, one collected the pulpy mass that remained to eat.

26.

Since people do not usually partake of the pomace, the fact that one person intends to do so is not significant.

27.

This refers to grapes and olives that became dried out while on the vine or tree [the Rambam’s Commentary to the Mishnah (Uktzin 3:6)]. Hence, they are so firm that rather than be crushed by the grape or olive press, they slip out and are expelled to the side.

28.

Since they are so firm, they are not fit to be eaten or pressed to remove the liquids they contain.

29.

A kor is 30 se’ah and a se’ah is six kabbim. Thus there are 180 kabbim in a kor. As such, we are speaking of slightly less than two percent of the grapes or olives being wasted in this manner. In contemporary measure, a kab is approximately 1376 cc. according to Shiurei Torah and 2400 cc. according to Chazon Ish.

30.

Since there is such a large amount, we assume that the owner will desire to benefit from them (see Bava Metzia 105a).

31.

The fact that the person collects them and sets them aside indicates that in his mind, they are considered as food. Since they are not entirely unfit to be eaten, the fact that a person considers them as food is significant.

32.

The translation of this — and the following — terms are taken from the Rambam’s Commentary to the Mishnah (Uktzin 3:6-7). The Kessef Mishneh offers a different interpretation.

33.

The translation of all these terms are taken from the Rambam’s Commentary to the Mishnah (Uktzin 3:4).

34.

All of these substances are somewhat bitter. For them to be considered as foods, they must be sweetened through a pickling process (ibid.).

35.

A type of bean that had to be cooked seven times before it was fit for human consumption (Beitzah 25b).

36.

Since they are usually pickled, they are considered as foods even before they are actually pickled.

37.

The pickled olives look more attractive when they are served together with their leaves [the Rambam’s Commentary to the Mishnah (Uktzin 2:1)]. The leaves themselves are not eaten.

38.

I.e., if impurity touched them without touching the zucchini itself, neither they nor the zucchini are impure, for they are not food, nor are they of any value to the zucchini [see the Rambam’s Commentary to the Mishnah (op. cit.)].

39.

But not as a liquid. The impurity associated with liquids is more severe than that associated with foods (see Hilchot Sha’ar Avot HaTum’ah 1:5).
This ruling reflects a change in the Rambam’s thinking. In his Commentary to the Mishnah (Uktzin 3:11), he writes that when honey is in its honeycomb, it is considered as neither a liquid, nor a food.

40.

I.e., it is considered as food even before one had a specific intent to remove it.

41.

When taking it out of the hive, one had the intent to use it for jam or as part of a cooked dish (Shulchan Aruch HaRav 168:7).

42.

I.e., and not a liquid (ibid.). As explained in that source, the designation of the honey as either a food or a liquid depends on the person’s intent. If he intended that it serve as food, it is considered as food. If his intent is that it serve as a liquid, it is designated as such. The Turei Zahav 168:6 differs and maintains that even if the person opened the beehive to use the honey as food and it is there considered as such, it is also considered as a liquid.

43.

The Rambam’s ruling is based on the Tosefta (Taharot 2:2). As the Ra’avad notes, that source, however, does not state “congealed.” The Kessef Mishneh explains that the Rambam assumes that this is the intent, for oil is one of the seven liquids mentioned in Halachah 2.

44.

Since most people would not consider it as a food or a liquid, the fact that a given person does is of no consequence. Similarly, whenever the term batlah da'ato is used in the following halachot — and in subsequent chapters — the intent is since the common and accepted practice follows a given pattern, even if one person deviates and has in mind to use the entity otherwise, his conception is outweighed by that of people at large and his intent is of no consequence.

45.

See the notes to Chapter 9, Halachah 2, where it is suggested that perhaps the intent is cheilev, fat.

46.

In that era, it was not common to eat milk in that state. The Rambam’s ruling is based on the Tosefta (op. cit.). Apparently, the Ra’avad had a different version of that source. Hence, he objects to the Rambam’s ruling.

47.

This is the intent of the term honey in the description of Eretz Yisrael as “a land of milk and honey” (Rashi, Eruvin 4b).

48.

Because there are people who eat it as a food.

49.

For it is never drunk as a liquid.

50.

For it can be melted and converted to water. Even then, however, it does not make produce susceptible to impurity as liquids do.

51.

For it is not considered as one large entity, but rather as a composite of many smaller entities. Only the snow that actually touched the impurity is impure. See, however, Chapter 2, Halachah 23, and notes.

52.

Apparently, the intent is: placed in the inner space of. For being within the inner space of an impure earthenware container causes an entity to contract ritual impurity. The Kessef Mishneh offers this explanation, but suggests that the Rambam should have used clearer wording.

53.

Because it was all located within the container’s inner space.

54.

Since the congealed milk had already mixed with the nursing animal’s digestive juices, it would be useful as a curdling agent in making cheese or the like (Hilchot Ma’achalot Assurot 4:19). Apparently, however, there were also some people who would use this milk as a dip for other foods. The commentaries note that Hilchot Sh’ar Avot HaTum’ah 1:15 appears to imply that such milk is considered as wastes and is not viewed as food at all and is always pure. The Ra’avad suggests that this ruling should also be stated here.

55.

One of the ways to remove the juice from grapes was to tread on them.

56.

Because one’s intent is to obtain the grape juice.

57.

The Ra’avad states that this refers to an instance where the olives were not crushed at all, but instead, remained entirely intact. He then asks: How is it possible for olives that were pressed to remain totally intact? He explains that this refers to an instance where the press was not applied to its full extent.

58.

Fruit that grows in the first three years of a tree's life (Leviticus 19:23; Hilchot Ma'achalot Assurot 10:9).

59.

A species of grain or a type of vegetable that grows together with a vine (Deuteronomy 22:9; Hilchot Ma'achalot Assurot 10:6).

60.

I.e., an ox condemned to be stoned for killing a human being or being used for relations with a man or woman. Even if one slaughtered the ox before it was stoned, it is forbidden to benefit from its meat (Exodus 21:28; Hilchot Ma'achalot Assurot 4:22).

61.

When a wayfarer was discovered to have been murdered and it is impossible to determine the identity of the murderer, the court of the town nearby must secure atonement by having a calf killed by breaking its neck in a special rite (Deuteronomy, ch. 21; Hilchot Rotzei’ach, ch. 9).

62.

Once it has been designated for this purpose, it is forbidden to benefit from it.

63.

It is not considered as an animal killed without ritual slaughter (and hence, a primary source of impurity). Since breaking its neck is mandated by Torah Law, it is equivalent to ritual slaughter (Hilchot Sha’ar Avot HaTum’ah 3:13).

64.

Two birds are used in the purification process of a person afflicted with tzara’at (Leviticus, ch. 14; Hilchot Tum’at Tzara’at, ch. 11). It is forbidden to benefit from the bird that was slaughtered. In his gloss to Hilchot Tum’at Tzara’at, the Mishneh LeMelech adds that it is also forbidden to benefit from the bird that is sent away until it is sent away.

65.

Which must be redeemed for a lamb or its neck must be broken (Exodus 13:13; Hilchot Bikkurim, ch. 12). The Kessef Mishneh explains that we are speaking about meat cut from the donkey after it was slaughtered, but before it dies, because once it dies, its meat contracts the more severe impurity associated with the carcass of a dead animal.

66.

See Hilchot Sha’ar Avot HaTum’ah 3:3.

67.

A sacrifice that was slaughtered with the intent to partake of it at a time when it is forbidden to do so (Hilchot Pesulei HaMukdashin 13:1).

68.

Sacrificial meat left beyond the time designated for it to be eaten (ibid. 18:10).

69.

Although it is forbidden to eat all these substances, they are all edible and considered as foods in this context.

Footnotes for Tum'at Okhalin - Chapter 2
1.

In Hilchot Ma’aser Sheni 10:12, the Rambam defines this as a root “even as thin as a needle over which embroiderers wind thread.”

2.

If, however, they cannot sustain themselves through this nurture, they are considered as having been uprooted and are susceptible to impurity.

3.

As explained in Chapter 5, Halachot 1-2, there are substances that are considered as “handles” for food. Although they are not susceptible to ritual impurity in their own right, since they are considered as a “handle,” if impurity comes in contact with them, the fruit becomes impure and if the fruit contracts impurity, they also do.

4.

This is speaking about an instance where the produce is dry and unfit to be considered as food.

5.

And subject to the laws of ritual impurity. The fact that the person does not intend to use them as food is of no consequence.

6.

Because once the tree dries out, its fruit no longer derives nurture from it. The Ra’avad questions the Rambam’s source and the Kessef Mishneh explains the Rambam’s position.

7.

I.e., even though they are connected to the tree and the tree is connected to the ground.

8.

As long as the animal is alive, it is not considered as food, but as a living entity which does not contract impurity. See Hilchot Tum’at Meit 1:13.

9.

This refers even to a non-kosher animal or fowl. The rationale is that once a kosher animal has been slaughtered, it is halachically considered as “food” and it is permitted to partake of it even though it still makes convulsive movements. Hence, it contracts impurity from this time onward. True, with regard to the impurity associated with an animal carcass, an animal is not considered as dead until it ceases movement. Stringency is, however, required in that context because the relevant prooftext {Leviticus 11:39) states: “If an animal... will die” (Kessef Mishneh).
Since slaughter changes the status of a kosher animal in this manner, it can also change the status of a non-kosher animal, causing it to be considered as food and, hence, susceptible to ritual impurity. See also Chapter 3, Halachah 4.

10.

There is no concept of ritual slaughter for fish. See Hilchot Shechitah 1:3.

11.

Due to an injury or illness that will cause them to die in the near future.

12.

And thus susceptible to ritual impurity.

13.

I.e., although not severed from the body entirely, it was dislocated and its inner organs crushed to the extent that it will no longer regenerate itself. See Hilchot Sha’ar Avot HaTum’ah 2:5; Hilchot Ma’achalot Assurot 5:6; the Rambam’s Commentary to the Mishnah (Chulin 9:7).

14.

I.e., it came in contact with one of the seven liquids, as mentioned in Chapter 1, Halachot 1 and 2.

15.

Because the blood that emerges during ritual slaughter causes it to receive this status (Halachah 7).

16.

Chapter 5, Halachah 3.

17.

There is a Mishnaic view (Chulin 2:5) that the ritual slaughter itself is sufficient to make an animal susceptible to impurity, but the halachah does not follow that opinion.

18.

I.e., come in contact with liquids.

19.

Moreover, the owner must be pleased that the water was detached from the earth, as stated in Chapter 12, Halachah 3.

20.

Otherwise, almost all produce would be susceptible to ritual impurity because it came in contact with rain while it was growing (Sifra; Rashi; Chapter 12, Halachah I).

21.

Unless it is lifted up from the ground again.

22.

As evident from the continuation of the Rambam’s words, this is speaking about a flowerpot with a hole.

23.

The Ra’avad objects to the usage of the phrase “even though.” He maintains that this is referring to a flowerpot without a hole. Nevertheless, the portions of the plant that grow outside the flowerpot are considered as attached to the ground outside the plant. Hence, they are not susceptible to ritual impurity. The Kessef Mishneh notes that there is a Tosefta (the end of Uktzin, ch. 2) that supports the Ra’avad’s conception, but the Rambam’s source (the mishnah, Uktzin 2:10) can be understood according to his interpretation here.

24.

I.e., even if impurity touched only the portions outside the flowerpot, they are not considered as separate from the portions in the flowerpot.

25.

Because it is considered as water on the earth; see the previous halachah.

26.

Even though the plant and its fruit are still attached to the earth in the flowerpot, it is considered as if they are already detached.

27.

As does water in other containers.

28.

I.e., a vessel made of earth that was not fired in a kiln.
In his gloss to this halachah, the Ra’avad explains that these laws also apply to an earthenware container that has been fired in a kiln.

29.

For ultimately, the roots of the plants will protrude through the flowerpot and extend outward. This interpretation reflects a change from the Rambam’s position in his Commentary to the Mishnah (Uktzin 2:11).

30.

As stated in Hilchot Keilim 18:1, an earthenware implement is not susceptible to ritual impurity unless it serves as a container.

31.

I.e., foods that had not yet been made susceptible to ritual impurity.

32.

As will be explained (Chapter 12, Halachot 1-2), generally, to make food susceptible to ritual impurity, the liquids must fall on the foods as desired by the owner. An exception is made, however, when the liquids are impure (Chapter 10, Halachah 5). In his Commentary to the Mishnah (Machshirin 1:1), the Rambam explains that when the food is merely made susceptible to ritual impurity, it is necessary for the owner to desire that the liquid fall on the food. When, however, the food contracts impurity at the same time it becomes fit to do so, that is not necessary. The rationale is that Leviticus 11:38, the verse that requires that the owner desire that water come into contact with the food, speaks about it contracting impurity afterwards. One can infer that if it would contract impurity at the same time, there would be no such stipulation.

33.

As stated in Halachah 8. See also Chapter 15, Halachah 1.

34.

The Ra’avad objects to the Rambam’s ruling, citing Taharot 8:6 and other sources that appear to indicate that, for food not to be susceptible to ritual impurity, it must become spoiled to the extent that it is not fit for a dog to eat (a far greater degree of spoilage). In his Commentary to the Mishnah (see Rav Kappach’s version), the Rambam addresses this issue, stating that food that is not fit for human consumption is not considered food at all (see the following note). Although the mishnah mentions food becoming spoiled to the extent that it is unfit for a dog to eat, that refers to food that has already contracted impurity and then spoiled. Since it already became impure, becoming spoiled to the point that a person would not partake of it is not sufficient for that impurity to depart. It must become unfit for a dog to eat (see Halachah 18). When, by contrast, a food has not yet contracted impurity, as long as it is unfit for a human, its status remains pure.

35.

The Kessef Mishneh explains that the Rambam does not need a prooftext to support this concept; it is obvious. After all, the spoiled food is considered like ordinary earth or waste. Leviticus 11:34, the prooftext which teaches the entire the concept of impurity of foods states: “from any food that would be eaten.” The Sifra comments: “This excludes food that has spoiled, because it is not fit to be eaten.”

36.

As stated in Chapter 1, Halachah 2.

37.

Implied is that it must be suitable for drinking. Although the phrase primarily comes to teach that such water does not make food susceptible to impurity, it also implies that it does not contract impurity itself. See also Halachah 21.

38.

Even when it is not cooked. An animal’s hide is tough and would not be fit to be eaten unless it was cooked. A placenta, by contrast, is soft and could be eaten. Nevertheless, since it is not normally eaten, one must have a special intent for it to be considered as food.

39.

I.e., even if one did not cook these articles with other foods. If they were grouped with other foods, they would contract impurity even if they were not cooked (Kessef Mishneh to Halachah 16). Although, generally, these articles are not considered as food (see Hilchot Sha’ar Avot HaTum’ah 1:9, 15), if they are designated as such, they are susceptible to ritual impurity.

40.

I.e., even if they were not cooked with other foods.

41.

Even after being cooked, it is virtually inconceivable that it would be eaten.

42.

For they are considered as disgusting (see Hilchot Issurei Mizbeiach 6:13) and unfit for human consumption.

43.

The Kessef Mishneh notes that the Tosefta, the end of ch. 9 of Taharot, states that it is only when one thinks of partaking of them at the time he gathers them do they become susceptible to ritual impurity. If he has this intent afterwards, they are not susceptible to impurity. The Kessef Mishneh states that it is possible — but not absolutely necessary — to interpret the Rambam’s words in that manner.

44.

In such a situation, the food is not spoiled, but it is not fit to be eaten by a dog. For any food that becomes this dry is considered as dust (see Nidah 55a).
The commentaries note that in Hilchot Tum’at Meit 2:1, the Rambam rules that the flesh of a human corpse that has become dry like a shard retains its impurity. Nevertheless, a distinction can be made between these two types of impurity. In that vein, see also Hilchot Sha’ar Avot HaTum’ah 1:13,4:12, and 5:14, where it is stated that when a source of impurity becomes dried out, its impurity departs. In those sources, however, it is mentioned that when the source of impurity would become soft after being soaked in water for a day, the impurity does not depart. Kin’ at Eliyahu suggests that here greater leniency is shown, because unlike the sources of impurity mentioned previously, here, the impurity is a derivative.

45.

I.e., its impurity departs without a person having to take any action.

46.

E. g., an onion or the like.

47.

For then they are considered as having become connected to the earth and are no longer considered as food (Rashi, Pesachim 34a).

48.

For their previous status is not considered to have changed.

49.

E. g., the remnants of dough that become attached to a kneading trough.

50.

I.e., as part of the utensil.

51.

See a parallel expression of this principle in Hilchot Tum’at Tzara’at 14:10.

52.

The Ra’avad writes that if a liquid was once fit for human consumption and then it spoiled and became foul (even before it contracted ritual impurity), it can contract impurity in that state. The Kessef Mishneh offers two interpretations of Torat Kohanim (the Rambam’s source), which do not follow the Ra’avad’s conception.

53.

More specifically, impure water, for only water can regain impurity, as stated previously [the Rambam’s Commentary to the Mishnah (Taharot 8:9)].

54.

As evident from the mishnah cited previously, one might think that since there is water on the entire staff and part of the staff is immersed in the mikveh, even the water that is on the portion of the staff that was not immersed should be considered as joined to the mikveh. That conception is not accepted and the water that is outside the mikveh is not considered as pure (see parallels in Hilchot Mikveot 8:12). Moreover, when the portion that was immersed in the mikveh is removed, the water on it becomes impure because of its contact with the water that had not been immersed.

55.

The commentaries note the apparent contradiction between the Rambam’s ruling here and his ruling in Chapter 1, Halachah 22, where he states that if a portion of snow becomes impure, the snow does not become impure in its entirety. A possible resolution is offered by Rabbenu Shimshon in his commentary to Taharot 3:2. He explains that since snow can be considered as an integral part of a mikveh, any contiguous portion of snow is considered as joined to the mikveh.

56.

A mixture of grape dregs or peels and water that produces a drink that is not wine, but is grape-colored. If it is left for a significant time, the mixture can develop a vinegar taste [the Rambam’s Commentary to the Mishnah (Chulin 1:6); see also Hilchot Ma’aser Sheni 7:6-7].

57.

E. g., someone who touched a person who had touched a corpse, someone who had touched an animal carcass, or the like.

58.

For, as stated in Halachah 21, it is only water that is purified through contact with a mikveh.

59.

See Hilchot Sha’ar Avot HaTum’ah 7:2. The pot does not contract impurity from the person who touched it, as stated in the clause that follows.

60.

See Hilchot Tum’at Meit 5:7; Hilchot Metamei Mishkav UMoshav 6:2; Hilchot Sha’ar Avot HaTum’ah 1:1.

61.

Someone who touched a corpse, a zav, or the like.

62.

The water it contains does not become impure, as long as it is connected to the water of the mikveh. Once, however, the pot is lifted from the mikveh, the water it contains also becomes impure.

63.

Indeed, an earthenware container can never regain ritual purity. See Leviticus 11:33; Hilchot Mikvaot 1:3.

64.

For we assume that some impure water was mixed with it. See the Rambam’s Commentary to the Mishnah (Machshirin 2:3).

65.

As the Rambam writes in Chapter 15, Halachah 4, when a majority of rain water is added to the drainage water, the drainage water is considered as if was nullified.

66.

The Kessef Mishneh explains that although generally we follow the principle that the status of the water that is there originally is the determinant, here the water is not collected in a given place. Hence the water that comes afterwards causes the water that was there initially to flow away. Accordingly, it is the status of the second water that is significant.

67.

The Ra’avad questions the Rambam’s rationale. The explanation of the Kessef Mishneh mentioned above was given to clarify this objection.

68.

Before the rainy season, mud was spread over the roofs of homes to seal them, because it is possible that the heat of the summer caused cracks to develop.

69.

To regain purity.

70.

For this small amount of oil is considered insignificant. If, however, he used a larger amount of oil, the oil is considered as significant and contracts impurity from the person. Its purity is not restored when the person immerses.

Footnotes for Tum'at Okhalin - Chapter 3
1.

See Chapter 1, Halachah 1.

2.

I.e., after coming into contact with liquids.

3.

The Rambam is speaking about a non-kosher animal that was slaughtered for a gentile which is in its death-throes. Although it does not impart impurity as a carcass until it actually dies, it becomes susceptible to impurity from the time that it was slaughtered. If it comes in contact with a source of impurity at that time, it contracts impurity and can impart it to foods or liquids.

4.

The Rambam proceeds to explain these general statements in this and the following halachot.

5.

According to Scriptural Law, it is permitted to eat certain species of locusts. See Leviticus 11:22, Hilchot Ma'achalot Assurot 21:23. In practice, it is common in most communities not to partake of any species of locusts, because we are unsure of the identity of the kosher species (Turei Zahav 85:1).

6.

As mentioned in Halachah 2, the designation of a substance as food depends on the prevailing attitude of the specific locale and varies from place to place. The inhabitants of rural areas have less sophisticated tastes and are willing to eat species that would not be eaten by the inhabitants of larger towns and cities.
The Kessef Mishneh notes that the Rambam’s ruling, although supported by the Tosefta, T’vul Yom 5:1, runs contrary to a ruling of the Mishnah Uktzin 3:9. He suggests that the Rambam had a different version of that mishnah. While that interpretation appears to be borne out by the conclusion of this halachah, even Rav Kapach’s version of the Rambam’s Commentary to the Mishnah does not provide support for such a thesis.

7.

When an animal from a kosher species dies without ritual slaughter, its meat together with its fat are sold to gentiles who consider it as food. Hence, it does not require special intent.

8.

Without ritual slaughter. The fat of a non-kosher animal is inherently impure like the meat of such an animal and the fat of a kosher animal that was slaughtered properly is pure. See the Rambam’s Commentary to the Mishnah (Uktzin 3:9).

9.

See the Rambam’s Commentary to the Mishnah (ibid.) which explains that for the fat to become impure, it need not come into contact with a source of impurity. Instead, it is inherently considered as impure food. (Nevertheless, as explained in Hilchot Sha’ar Avot HaTum’ah 1:5, this fat does not impart impurity like an animal carcass does.) As the Kessef Mishneh states in his gloss to ibid. 3:14, many authorities differ and maintain that it must come in contact with a source of impurity.

10.

For they are not normally considered as human food.

11.

The Rambam is speaking about meat that is not separated purposefully. If, however, one cuts the meat from the living being with the intent of using it as food, it contracts ritual impurity.

12.

Such meat does not require exposure to liquids, because ultimately, an olive-sized portion of it becomes a source of impurity.

13.

As stated in Hilchot Sha’ar Avot HaTum’ah, ch. 3 and mentioned below, the carcass of an unslaughtered kosher fowl is a source of impurity. This does not apply with regard to the carcass of a nonkosher fowl. If, however, a person had the intent of partaking of it, it is considered as food and, if exposed to liquids, can contract impurity.

14.

Since the animal was slaughtered properly, its fat will be separated from its meat and sold to gentiles. In larger towns, there will be a market for such meat. In smaller villages, buyers may not necessarily be found and it is not considered as food.

15.

The blood that flowed at the time of ritual slaughter, as stated in Chapter 2, Halachah 7.

16.

Since it was not considered food at the time, the fact that it was exposed to liquids is not significant. Hence it must be exposed a second time after it was considered as food.

17.

Our translation is based on the Rambam’s Commentary to the Mishnah (Uktzin 3:2) where he speaks of “the type of onions that is extremely sharp tasting.” Here the Rambam uses the term kashim which, while also meaning firm or hard, could be translated as above.

18.

Uktzin 3:9 states “unkosher fish and locusts.” (As stated above, the Kessef Mishneh maintains that the Rambam had a different version of that mishnah.)

19.

These vegetables are generally used as animal fodder, but are sometimes eaten by humans. Some commentaries offer a different translation.

20.

After they dried. If they were still moist at the time of the person’s change of mind, however, they are considered to have been exposed to liquids.

21.

In Hilchot Pesulei HaMukdashin 14:7, the Rambam defines this term as referring to: “the meat that slipped by the knife at the time the animal was skinned and remains cleaving to the hide.”

22.

I.e., an insignificant entity.

23.

In his Commentary to the Mishnah (Zevachim 3:4), the Rambam explains that this is a general term referring to blood vessels, nerves, and sinews.

24.

Our translation of these terms is taken from the Rambam’s Commentary to the Mishnah (Taharot 1:2). There he explains that after the large feathers are plucked from a fowl’s wings, there still remain small, thin feathers. And after the feathers are plucked from its crop, there remain wooly hairs.

25.

For these substances are not usually considered as food.

26.

See Hilchot Sha’ar Avot HaTum’ah, chs. 1 and 3.

27.

The rationale given by the Rambam applies with regard to the carcasses of fowl and animals from kosher species. Fat from kosher species does not require exposure to liquids, because it was exposed to the blood of the animal when it was slaughtered (Kessel Mishneh).

28.

Since there are fewer people living in these areas, the carcass is unlikely to be used as food.

29.

I.e., less than an olive-sized portion of these substances that is combined with other impure foods so that there is an egg-sized portion of impure food present (see Kessef Mishneh). Less than that amount will not impart ritual impurity.

30.

The windpipe and the gullet.

31.

Since ritual slaughter causes a kosher animal to be considered as food even before it actually dies, it also brings about such a change with regard to the status of a non-kosher animal. See Hilchot Sha’ar Avot HaTum’ah 2:1.

32.

After it dies, it imparts the impurity associated with an animal carcass.

33.

Obviously, it is being considered as food.

34.

For this is not acceptable slaughter. When the animal dies, it contracts the impurity associated with an animal carcass, but until then, it is pure.

35.

Since slaughtering the animal in this manner would cause it to be considered as fit to eat if performed by a Jew, the animal is still considered as food when the slaughter was performed by a gentile.

36.

For it was exposed to the blood of the slaughter.

37.

The Ra’avad questions why stabbing a kosher animal does not cause it to be considered as food while it is in its death throes. Seemingly, since a slaughtered animal is considered as food when it is in its death throes, the categorization should also apply with regard to an animal stabbed with the intent of killing it. He offers two resolutions: a) Since it is being stabbed to death for a Jew, it is not fit to be eaten and it is therefore not considered as food. (Implied is that if the gentile stabbed it to death to partake of it himself, it would impart the impurity associated with food.) b) Since stabbing an animal to death is not considered as slaughter, the time of the animal’s death is not determined. It could be considered as a person who fainted, but is still alive.
The Or Sameach maintains that the Ra’avad’s question is based on his position (see his gloss to Hilchot Sha’ar Avot HaTum’ah 2:10) that there is no difference whether a gentile slaughters an animal in the ritual manner or stabs it to death. The Rambam, however, maintains that ritual slaughter performed by a gentile has halachic significance. Hence, there is no’ room for the questions raised by the Ra’avad.

38.

As stated in Hilchot She’ar Avot HaTum’ah 2:3, an entire limb severed from a living animal conveys the same impurity as an animal carcass. If, however, one cuts off meat from this limb, it does not have that status.

39.

For it became a distinct entity before it was considered to be used as food.

40.

Since it was considered as food while it was still part of the limb — and impure — it retains its impurity when its status changes.
The Ra’avad differs with the rationale given by the Rambam, based on Chulin 128b-129a. The Kessef Mishneh justifies the Rambam’s position.

41.

The same law would also apply with regard to meat from a kosher animal, except, in that instance, it would not be necessary to have a special intent to use that meat as food. It would be taken for granted that it would be considered as food, even without that intent.

42.

For a smaller measure of impure foods do not impart impurity.

43.

Even that portion stemming from other foods.

44.

Since it is wrapped in dough, one will not touch the impure meat, only the dough surrounding it.

45.

As stated in Halachah 3, for the carcass of a non-kosher animal to be considered as food, it is necessary that one have a special intent concerning it.

46.

I.e., were it to be carried.

47.

As stated in the conclusion of Halachah 2.

48.

For all humans see partaking of human flesh as revolting. Nevertheless, if a person explicitly has such an intent, it can be considered as food. The Ra’avad (on the basis of Keritot 21 b) objects and maintains that even if one has such an intent, it is of no consequence and the flesh is never considered as food. The Kessel Mishneh explains that the Talmudic passage can also be interpreted in a manner that supports the Rambam’s position.

49.

Since it could ultimately be susceptible to more severe impurity, i.e., the impurity associated with a human corpse, it does not require exposure to water.

50.

Even if a person or a k’li touches only the dough around the flesh. The rationale is that since there is an olive-sized portion of a human corpse present, the impurity pierces through its covering.

51.

The Ra’avad objects to this ruling and maintains that it must be exposed to water, for flesh cut from a living human being does not impart impurity. This understanding is supported by Uktzin 3:2 (and perhaps alluded to in the Rambam’s Commentary to that mishnah). For this reason, there are some who maintain that the text is in error and should be changed. Note the apparent contradiction to Halachah 3 above.
Rav Yosef Corcus and the Kessef Mishneh explain that the flesh became exposed to liquids (i.e., blood) at the time it was cut off from the person. The Rambam is emphasizing that when the person changed his mind and thought to feed the flesh to a person rather than to an animal, the exposure to liquids that made it susceptible to impurity at that time is not affected by his change of mind (in contrast to the situations mentioned in Halachah 3 where the fact that a substance was not considered as food initially caused its exposure to liquids to be of no consequence).
[The Ra’avad raises another question: It would appear that the fact that the person cut the flesh off with the intent of serving it should cause it to be considered as food. The Kessef Mishneh explains that the mishnah in Uktzin does not represent a contradiction, because that mishnah refers to an instance where flesh was separated from a person’s body unintentionally.]

52.

Where there are many people and hence, the animal carcass would ordinarily be considered as food (see Halachah 3).

53.

And would not be considered as food.

54.

In his Commentary to the Mishnah (Taharot 8:6), the Rambam speaks of having such an intent while the chick is in the vat.

55.

Even though it would not normally be considered as fit for human consumption, since it was fit for animal consumption and a human thought of partaking of it, it can contract impurity (ibid.).

56.

For it was not designated for human consumption.

57.

Since they are not intellectually developed, their intent is not significant and it is not considered as if one thought of it as food for humans.

58.

I.e., their intent was obvious from their actions.

59.

I.e., susceptible to the impurity associated with foods.

60.

This is a general principle, applicable in several contexts. See Hilchot Berachot 6:13, et al. See also Hilchot Keilim 8:11.

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.