ב"ה

Rambam - 3 Chapters a Day

Temurah - Chapter 4, Tum'at Met - Chapter 1, Tum'at Met - Chapter 2

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Temurah - Chapter 4

1What are the laws pertaining to the offspring of consecrated animals? The offspring of an animal consecrated as a peace-offering and the offspring of an animal to which the holiness of a peace-offering was transferred are like peace-offerings and they should be treated like peace-offerings in all respects.1אכֵּיצַד דִּין וַלְדוֹת הַקֳּדָשִׁים? וְלַד שְׁלָמִים וּוְלַד תְּמוּרַת שְׁלָמִים - הֲרֵי אֵלּוּ כַּשְּׁלָמִים, וְהֵן עַצְמָן כַּשְּׁלָמִים לְכָל דָּבָר.
Similarly, the offspring of an animal consecrated as a thanksgiving- offering and the offspring of an animal to which the holiness of a thanksgiving-offering was transferred should be sacrificed like a thanksgiving-offering, except that they do not require bread.2 For bread is brought only for a thanksgiving-offering itself. This is derived from Leviticus 7:12 which states: “He shall offer on the slaughtering of the thanksgiving-offering.... “Implied is on its slaughtering, and not on the slaughtering of its offspring or on that of an animal to which its holiness was transferred, as we explained.3וְכֵן וְלַד הַתּוֹדָה וּוְלַד תְּמוּרָתָהּ - הֲרֵי אֵלּוּ יִקְרְבוּ כַּתּוֹדָה, אֶלָא שֶׁאֵין טְעוּנִין לֶחֶם, שֶׁאֵין מְבִיאִין לֶחֶם אֶלָא עִם הַתּוֹדָה עַצְמָהּ, שֶׁנֶּאֱמַר "עַל זֶבַח הַתּוֹדָה" (ויקרא ז, יב) - עָלָיו, וְלֹא עַל וְלָדָהּ וְלֹא עַל תְּמוּרָתָהּ, כְּמוֹ שֶׁבֵּאַרְנוּ.
To what does the above apply? To the offspring themselves. But the offspring of the offspring should not be sacrificed. From his conduct,4 it is obvious that he is delaying their offering to raise herds from them. Hence, he is penalized and should not offer them.בַּמֶּה דְּבָרִים אֲמוּרִים? בַּוְּלָדוֹת עַצְמָן; אֲבָל וַלְדֵי וְלָדוֹת - אֵינָן קְרֵבִין. שֶׁמִּתּוֹךְ מַעֲשָׂיו נִכָּר שֶׁהוּא מַשְׁהֶה אוֹתָן כְּדֵי לְגַדֵּל מֵהֶן עֲדָרִים עֲדָרִים, וּלְפִיכָךְ קוֹנְסִין אוֹתוֹ וְלֹא יַקְרִיבֵם.
2The offspring of a sin-offering,5 and, needless to say, the offspring of an animal to which the holiness of a sin offering was transferred,6 should be consigned to death.7בוְלַד הַחַטָּאת - יָמוּת, וְאֵין צָרִיךְ לוֹמַר וְלַד תְּמוּרָתָהּ.
3If a person slaughters an animal offered as a sin-offering and discovers that it was carrying a four-month old fetus that was alive,8 it may be eaten9 like the meat of the sin-offering.10 For the offspring of consecrated animals while they are in their mother’s womb are like the consecrated animals themselves.11גהַשּׁוֹחֵט אֶת הַחַטָּאת וּמָצָא בָּהּ בֶּן אַרְבָּעָה חַי - הֲרֵי זֶה נֶאֱכָל כִּבְשַׂר הַחַטָּאת; שֶׁוַּלְדֵי הַקֳּדָשִׁים בִּמְעֵי אִמָּן הֵן קְדוֹשִׁים.
4The offspring of an animal to which the holiness of a guilt-offering was transferred, the offspring of its offspring, and so too until the end of time should be allowed to pasture until they contract a disqualifying blemish. Then they should be sold and the proceeds used to purchase freewill offerings.12דוְלַד תְּמוּרַת הָאָשָׁם, וּוְלַד וְלָדָהּ עַד סוֹף הָעוֹלָם - יִרְעוּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיִמָּכְרוּ וְיִפְּלוּ דְּמֵיהֶן לִנְדָבָה.
If the animal to which the holiness of the guilt-offering was transferred gave birth to a male after the guilt-offering is sacrificed, the offspring itself should be sacrificed as a burnt-offering.13וְאִם יָלְדָה זָכָר אַחַר שֶׁהִקְרִיב אֲשָׁמוֹ, הַוָלָד עַצְמוֹ יִקְרַב עוֹלָה.
If one set aside a female animal as a guilt-offering14 and it gave birth, it and its offspring should be allowed to pasture until they become blemished. Then they should be sold and the person’s guilt-offering purchased with the proceeds of the sale.15הִפְרִישׁ נְקֵבָה לַאֲשָׁמוֹ וְיָלְדָה - תִּרְעֶה הִיא וּבְנָהּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיִמָּכְרוּ וְיָבִיא בִּדְמֵי שְׁנֵיהֶם אֲשָׁמוֹ.
If he already sacrificed his guilt-offering, the proceeds of their sale should be used to purchase freewill offerings.וְאִם כְּבָר הִקְרִיב אֲשָׁמוֹ, יִפְּלוּ דְּמֵיהֶן לִנְדָבָה.
5The male16 offspring of an animal to which the holiness of a burnt-offering was transferred, the offspring of its offspring, and so too until the end of time are considered as burnt-offerings and should themselves be offered as burnt-offerings.17הוְלַד תְּמוּרַת הָעוֹלָה, וּוְלַד וְלָדָהּ עַד סוֹף הָעוֹלָם - הֲרֵי אֵלּוּ כָּעוֹלָה, וְהֵן עַצְמָן יִקְרְבוּ עוֹלָה.
If one set aside a female as a burnt-offering and it gave birth, even though it gave birth to a male, the offspring should be allowed to pasture until it contracts a disqualifying blemish and then the proceeds of the sale should be used to bring a burnt-offering.18הִפְרִישׁ נְקֵבָה לְעוֹלָתוֹ וְיָלְדָה, אַף עַל פִּי שֶׁיָּלְדָה זָכַר - יִרְעֶה עַד שֶׁיִּפֹּל בּוֹ מוּם, וְיָבִיא בְּדָמָיו עוֹלָה.
We already explained in Hilchot Ma’aseh HaKorbanot19 that whenever we use the expression “the proceeds of the sale should be used to purchase freewill offerings” the intent is that the money should be placed in the chests that existed in the Temple whose number we explained in Hilchot Shekalim.20 The court sacrifices freewill burnt-offerings with that money. The accompanying offerings21 are brought from communal funds and they do not require semichah.22 Whenever, by contrast, we use the expression “it itself should be offered as a burnt-offering” or “he should bring a burnt-offering with the proceeds,” the sacrifice requires semichah and the owner must bring the accompanying offerings.23כְּבָר בֵּאַרְנוּ בְּמַעֲשֵׂה הַקָּרְבָּנוֹת, שֶׁכָּל מָקוֹם שֶׁאָנוּ אוֹמְרִין 'יִפְּלוּ לִנְדָבָה' - הוּא שֶׁיִּתֵּן הַמָּעוֹת לַשּׁוֹפָרוֹת שֶׁהָיוּ בַּמִּקְדָּשׁ, שֶׁבֵּאַרְנוּ כַּמָּה הֵן בִּשְׁקָלִים, וּבֵית דִּין מַקְרִיבִין בְּאוֹתָן הַמָּעוֹת עוֹלוֹת נְדָבָה, וְנִסְכֵּיהֶם מִשֶּׁל צִּבּוּר, וְאֵינָן טְעוּנוֹת סְמִיכָה. אֲבָל מְקוֹם שֶׁנֶּאֱמַר 'הוּא עַצְמוֹ יִקְרַב עוֹלָה', אוֹ 'יָבִיא בְּדָמָיו עוֹלָה' - הֲרֵי זוֹ טְעוּנָה סְמִיכָה, וּנְסָכֶיהָ מִשֶּׁלּוֹ.
6The offspring born to an animal selected as a tithe offering, the offspring of an animal to which the holiness of a tithe offering was transferred,24 and the offspring of an animal to which the holiness of a firstborn animal was transferred, and the offspring of their offspring until the end of time should not be offered. Instead, they should be allowed to pasture until they contract a disqualifying blemish and then they should be eaten according to the laws applying to a blemished firstborn animal and tithe offering.25ווְלַד הַמַּעֲשֵׂר, וּוְלַד תְּמוּרַת הַמַּעֲשֵׂר, וּוְלַד תְּמוּרַת הַבְּכוֹר, וּוַלְדוֹת וַלְדוֹתֵיהֶן עַד סוֹף הָעוֹלָם - הֲרֵי אֵלּוּ לֹא יִקְרְבוּ, אֶלָא יִרְעוּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיֵאָכְלוּ כִּבְכוֹר וּכְמַעֲשֵׂר שֶׁנָּפַל בָּהֶן מוּם.
The offspring of an animal to which the holiness of a firstborn animal was transferred26 belongs to the priest.27 The offspring of an animal selected as a tithe offering28 and the offspring of an animal to which the holiness of an animal designated as a tithe offering was transferred belong to the owner.וַלְדוֹת תְּמוּרַת הַבְּכוֹר, לַכּוֹהֵן; וּוַלְדוֹת מַעֲשֵׂר וּתְמוּרָתוֹ, לִבְעָלָיו.
7The laws that apply to the offspring of an animal to which the holiness of a Paschal sacrifice was transferred are the same as those applying to an animal to which the holiness of a Paschal sacrifice was transferred itself.29 If its mother should be sacrificed as a peace-offering,30 its offspring should {also be offered as a peace-offering. If the law was that the mother should be allowed to pasture until it contracts a blemish and then be sold and the proceeds used to purchase a peace-offering,31 this same law applies to its offspring.זוְלַד תְּמוּרַת הַפֶּסַח, כִּתְמוּרַת הַפֶּסַח: אִם הָיְתָה אִמּוֹ קְרֵבָה שְׁלָמִים - וְלָדָהּ יִקְרַב שְׁלָמִים; וְאִם הָיָה דִּינָהּ שֶׁתִּמָּכֵר וְיָבִיא בְּדָמֶיהָ שְׁלָמִים - אַף וְלָדָהּ נִמְכָּר, וְיָבִיא בְּדָמָיו שְׁלָמִים.
If one designated a female for one’s Paschal sacrifice32 and it gave birth or he designated it for that sacrifice while pregnant, it and its offspring should be allowed to pasture until they contract a disqualifying blemish and a Paschal sacrifice should be brought with the proceeds of their sale.33הִפְרִישׁ נְקֵבָה לְפִסְחוֹ וְיָלְדָה, אוֹ שֶׁהִפְרִישָׁהּ מְעֻבֶּרֶת - הִיא וּוְלָדָהּ יִרְעוּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיָבִיא בִּדְמֵיהֶן פֶּסַח.
If this female remained unblemished until after Pesach or it gave birth after Pesach, it and its offspring should be allowed to pasture until they contract a disqualifying blemish and a peace-offering should be brought with the proceeds of their sale.וְאִם נִשְׁאֲרָה נְקֵבָה זוֹ עַד אַחַר הַפֶּסַח, אוֹ שֶׁיָּלְדָה אַחַר הַפֶּסַח - תִּרְעֶה הִיא וּוְלָדָהּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיָבִיא בִּדְמֵיהֶן שְׁלָמִים.
8When the offspring of sacrificial animals were born through Caesarian section, as a tumtum,34 an androgynus,35 a hybrid, or a tereifah,36 they should be redeemed37 and a sacrificial animal that is fit to be brought with the money from the sale of these offspring should be brought.חוַלְדוֹת הַקֳּדָשִׁים שֶׁיָּצְאוּ דֶּרֶךְ דֹּפֶן, אוֹ שֶׁיָּלְדוּ טֻמְטוּם וְאַנְדְּרֹגִּינוֹס, וְכִלְאַיִם, וּטְרֵפָה - הֲרֵי אֵלּוּ יִפָּדוּ, וְיָבִיא בִּדְמֵיהֶן קָרְבָּן הָרָאוּי לְהָבִיא בִּדְמֵי וְלַד שֶׁל זוֹ.
9The offspring of a blemished consecrated animal38 is like the offspring of an unblemished consecrated animal in all respects and it should be offered in the appropriate manner.39טוְלַד בַּעֲלַת מוּם - הֲרֵי הוּא כְּוְלַד הַתְּמִימָה לְכָל דָּבָר, וְיִקְרַב כָּרָאוּי לוֹ.
10When a consecrated animal discharges a stillborn animal or a placenta,40 it should be buried and it is forbidden to benefit from it.41יקֳדָשִׁים שֶׁהִפִּילוּ נֵפֶל אוֹ שִׁלְיָא - יִקָּבְרוּ, וַהֲרֵי הֵן אֲסוּרִין בַּהֲנָאָה.
11A person who changes the purpose for which an article was consecrated from one holy purpose to another42 violates a prohibition.43 This is derived from Leviticus 27:26 which states with regard to a firstborn animal: “A person may not consecrate it,” i.e., he may not designate it as a burnt-offering or a peace-offering.44יאהַמְּשַׁנֶּה אֶת הַקֳּדָשִׁים מִקְּדֻשָּׁה לִקְדֻשָּׁה - עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר בַּבְּכוֹר "לֹא יַקְדִּישׁ אִישׁ אֹתוֹ" (ויקרא כז, כו) - שֶׁלֹּא יַעֲשֶׂנּוּ עוֹלָה וְלֹא שְׁלָמִים.
The same applies to other consecrated animals.45 They may not be changed to a purpose other than that for which they were originally consecrated. This applies both to animals consecrated for the altar and animals consecrated for the improvement of the Temple.46וְהוּא הַדִּין לִשְׁאָר הַקֳּדָשִׁים, שֶׁאֵין מְשַׁנִּין אוֹתָן מִקְּדֻשָּׁה לִקְדֻשָּׁה - אֶחָד קָדְשֵׁי מִזְבֵּחַ, וְאֶחָד קָדְשֵׁי בֶּדֶק הַבַּיִת.
What is implied? If an article was consecrated for the improvement of the Temple Sanctuary, it should not be changed and the money used for the improvement of the altar. Similar laws apply in all analogous situations. One is not liable for lashes for the violation of this prohibition.47כֵּיצַד? אִם הִקְדִּישׁ לְבֶדֶק הַהֵיכָל, לֹא יְשַׁנֶּה לְבֶדֶק הַמִּזְבֵּחַ. וְכֵן כָּל כַּיוֹצֵא בְּזֶה. וְאֵין לוֹקִין עַל לָאו זֶה.
12What clever technique48 can be used with regard to a firstborn to consecrate it to the altar for another sacrifice?49 One may consecrate it in its mother’s womb, before it is born. This is derived from Leviticus 27:26: “which will become a firstborn for God among the livestock—a man shall not consecrate it.” Implied is that when it is born, one may not consecrate it, but one may consecrate it in its mother’s womb.50יבכֵּיצַד מַעְרִימִין עַל הַבְּכוֹר לְהַקְדִּישׁוֹ לַמִּזְבֵּחַ הֶקְדֵּשׁ אַחֵר? מַקְדִּישׁוֹ בַּבֶּטֶן קֹדֶם שֶׁיִּוָּלֵד, שֶׁנֶּאֱמַר "אֲשֶׁר יְבֻכַּר לַה'... לֹא יַקְדִּישׁ אִישׁ אֹתוֹ" (ויקרא כז, כו) - מִשֶּׁיְּבֻכַּר אִי אַתָּה מַקְדִּישׁוֹ, אֲבָל אַתָּה מַקְדִּישׁוֹ בַּבֶּטֶן.
Therefore one may say: “If the fetus in the womb of this cow that has not given birth previously is male, it is consecrated as a burnt-offering.”לְפִיכָךְ יֵשׁ לוֹ לוֹמַר 'מַה שֶׁבְּמֵעֶיהָ שֶׁל מְבַכֶּרֶת זוֹ, אִם הוּא זָכָר, הֲרֵי זֶה עוֹלָה'.
He may not, however, designate it as a peace-offering, for he cannot remove it from the holiness of the firstborn in order to benefit from it.51אֲבָל אֵינוֹ יָכוֹל לוֹמַר 'זִבְחֵי שְׁלָמִים' - שֶׁאֵינוֹ מַפְקִיעַ אוֹתוֹ מִקְּדֻשָּׁתוֹ כְּדֵי לֵהָנוֹת בּוֹ.
If one said:52 “It should be a burnt-offering when the majority of its head emerges,”53 it is a firstborn and not a burnt-offering.54וְאִם אָמַר עִם יְצִיאַת רֹב רֹאשׁוֹ 'יהְיֶה עוֹלָה' - הֲרֵי זֶה בְּכוֹר, וְאֵינוֹ עוֹלָה.
13One may not use a clever technique to change the fetus of a consecrated animal to another purpose. Instead, it is consecrated with the holiness of its mother. The rationale is that the offspring of a consecrated animal becomes consecrated in the womb, as we explained.55 Thus every fetus is consecrated with the holiness of its mother and its holiness cannot be changed in the womb as one may with regard to a firstborn animal. The rationale is that a firstborn animal becomes consecrated only when it emerges from the womb.56יגוְאֵין מַעֲרִימִין עַל בֶּהֱמַת הֶקְדֵּשׁ לְהַקְדִּישׁ עֻבָּרָהּ קְדֻשָּׁה אַחֶרֶת, אֶלָא הֲרֵי הוּא בִּקְדֻשַּׁת אִמּוֹ; שֶׁוַּלְדוֹת הַקֳּדָשִׁים מִמְּעֵי אִמָּם הֵם קֳדָשִׁים, כְּמוֹ שֶׁבֵּאַרְנוּ, וַהֲרֵי כָּל עֻבָּר מֵהֶן בִּקְדֻשַּׁת אִמּוֹ, וְאֵינוֹ יָכוֹל לְשַׁנּוֹתוֹ בַּבֶּטֶן כְּדֶרֶךְ שֶׁעָשָׂה בַּבְּכוֹר - שֶׁהַבְּכוֹר, בִּיצִיאָתוֹ הוּא שֶׁמִּתְקַדֵּשׁ.
Although all of the statutes of the Torah are decrees, as we explained in the conclusion of Hilchot Me’ilah, it is fit to meditate upon them and wherever it is possible to provide a reason, one should provide a reason.57 The Sages of the early generations said58 that King Solomon understood most of the rationales for all the statutes of the Torah.אַף עַל פִּי שֶׁכָּל חֻקֵּי הַתּוֹרָה גְּזֵרוֹת הֵם, כְּמוֹ שֶׁבֵּאַרְנוּ בְּסוֹף מְעִילָה, רָאוּי לְהִתְבּוֹנֵן בָּהֶן, וְכָל שֶׁאַתָּה יָכוֹל לִתֵּן לוֹ טַעַם תֶּן לוֹ טַעַם. הֲרֵי אָמְרוּ חֲכָמִים הָרִאשׁוֹנִים, שֶׁהַמֶּלֶךְ שְׁלֹמֹה הֵבִין רֹב הַטְּעָמִים שֶׁל כָּל חֻקֵּי הַתּוֹרָה.
It appears to me59 that the verse Leviticus 27:10: “It and the animal to which its holiness will be transferred shall be consecrated” shares a similar motivating rationale as the verse ibid.:15: “If the one who consecrates it shall redeem his house, he shall
add a fifth of the money of the redemption valuation to it.”
יֵרָאֶה לִי שֶׁזֶּה שֶׁאָמַר הַכָּתוּב "וְהָיָה הוּא וּתְמוּרָתוֹ יִהְיֶה קֹּדֶשׁ" (ויקרא כז, י; ויקרא כז, לג), כְּעִנְיַן שֶׁאָמַר "וְאִם הַמַּקְדִּישׁ יִגְאַל אֶת בֵּיתוֹ וְיָסַף חֲמִישִׁית כֶּסֶף עֶרְכְּךָ עָלָיו" (ויקרא כז, טו).
The principle behind these laws is that the Torah descended to the depths of a person’s thoughts and the scope of his evil inclination. For it is human nature to tend to increase one’s property and attach importance to his money. Even though one made a vow or consecrated something, it is possible that he will reconsider, change his mind, and redeem it for less than its worth. Hence the Torah states: “If he redeems it for himself, he must add a fifth.”יָרְדָה תּוֹרָה לְסוֹף מַחֲשֶׁבֶת הָאָדָם, וּקְצַת יִצְרוֹ הָרַע - שֶׁטִּבְעוֹ שֶׁל אָדָם נוֹטֶה לְהַרְבּוֹת קִנְיָנוֹ, וְלָחוּס עַל מְמוֹנוֹ, וְאַף עַל פִּי שֶׁנָּדַר וְהִקְדִּישׁ, אֶפְשָׁר שֶׁחָזַר בּוֹ וְנִחַם וְיִפְדֶּה בְּפָחוֹת מִשָּׁוְיוֹ, אָמְרָה תּוֹרָה: אִם פָּדָה לְעַצְמוֹ, יוֹסִיף חֹמֶשׁ.
Similarly, if he consecrated an animal in a manner that its physical person becomes consecrated, he might reconsider. In this instance, since he cannot redeem it,60 he will exchange it for a lesser one. If he was given permission to exchange a superior animal for an inferior one, he will exchange an inferior one for a superior one and claim that it was superior.וְכֵן אִם הִקְדִּישׁ בְּהֵמָה קְדֻשַּׁת הַגּוּף, שֶׁמָּא יַחְזֹר בּוֹ, וְכֵיוָן שֶׁאֵינוֹ יָכוֹל לִפְדּוֹתָהּ, יַחְלִיפֶנָּה בִּפְחוּתָה מִמֶּנָּה, וְאִם תִּתֵּן לוֹ רְשׁוּת לְהַחְלִיף הָרַע בַּיָּפֶה, יַחְלִיף הַיָּפֶה בָּרַע וְיֹאמַר 'טוֹב הוּא'.
Therefore, the Torah removed that option, forbidding all exchanges and penalized him that if he made an exchange, “It and the animal to which its holiness will be transferred shall be consecrated.”לְפִיכָךְ סָתַם הַכָּתוּב בְּפָנָיו, שֶׁלֹּא יַחְלִיף, וּקְנָסוֹ אִם הִחְלִיף, וְאָמַר "וְהָיָה הוּא וּתְמוּרָתוֹ יִהְיֶה קֹּדֶשׁ" (ויקרא כז, י; ויקרא כז, לג).
All of these ordinances are to subjugate one’s evil inclination and improve one’s character. Similarly, most of the Torah’s laws are nothing other61 than “counsels given from distance”62 from “He Who is of great counsel”63 to improve one’s character and make one’s conduct upright. And so it is written Proverbs 22:20-21: “Behold, I have written for you in the Torah64 prominent matters, to inform you of the veracity of the words of truth, so that you will respond truthfully to those who send to you.”וְכָל אֵלּוֹ הַדְּבָרִים כְּדֵי לָכֹף אֶת יִצְרוֹ וּלְתַקֵּן דֵּעוֹתָיו. וְרוֹב דִינֵי תּוֹרָה אֵינָן אֶלָא עֵצוֹת מֵרָחוֹק מִגְּדוֹל הַעֵצָה לְתַקֵּן הַדֵּעוֹת וּלְיַשֵּׁר כָּל הַמַּעֲשִׂים. וְכֵן הוּא אוֹמֵר "הֲלֹא כָתַבְתִּי לְךָ שָׁלִשִׁים בְּמֹעֵצוֹת וָדָעַת, לְהוֹדִיעֲךָ קֹשְׁטְ אִמְרֵי אֱמֶת, לְהָשִׁיב אֲמָרִים אֱמֶת לְשֹׁלְחֶיךָ" (משלי כב, כ-כא).
Blessed be the Merciful One Who grants assistance.בְּרִיךְ רַחְמָנָא דְּסַיְּעַן.
This concludes the ninth book which is the Book of Sacrifices.נִגְמַר סֵפֶר תְּשִׁיעִי, וְהוּא סֵפֶר הַקָרְבָּנוֹת.
It includes 6 Halachot and 45 chapters.
They are:
הִלְכוֹתָיו שִׁשָׁה, וּפְּרָקָיו חֲמִשָּׁה וְאַרְבָּעִים, וְאֵלוּ הֵן:
The Laws of the Paschal Sacrifice: 10 chaptersהִלְכוֹת קָרְבַּן פֶּסַח, עֲשָׂרָה פְּרָקִים;
The Laws of Festive Sacrifices: 3 chaptersהִלְכוֹת חֲגִיגָה, שְׁלוֹשָׁה פְּרָקִים;
The Laws of the Firstborn Offering: 8 chaptersהִלְכוֹת בְּכוֹרוֹת, שְׁמוֹנָה פְּרָקִים;
The Laws of the Sacrifices Offered to Atone for Inadvertent Transgressions: 15 chaptersהִלְכוֹת שְׁגָגוֹת, חֲמִשָּׁה עָשָׂר פְּרָקִים;
The Laws of the Sacrifices Brought by those Requiring Atonement: 5 chaptersהִלְכוֹת מְחֻסְּרֵי כַּפָּרָה, חֲמִשָּׁה פְּרָקִים;
The Laws of the Transfer of Holiness: 4 chaptersהִלְכוֹת תְּמוּרָה, אַרְבָּעָה פְּרָקִים.

Tum'at Met - Chapter 1

In the name of The Lord, G‑d of the universe.בְּשֵׁם ה' אֵל עוֹלָם
“God, create for me a pure heart and renew within me an upright spirit” (Psalms 51:12).לֵב טָהוֹר בְּרָא לִי אֱלֹהִים
וְרוּחַ נָכוֹן חַדֵּשׁ בְּקִרְבִּי
The Book of Purityסֵפֶר טַהַרָה
The Tenth Bookוְהוּא סֵפֶר עֲשִׂירִי
It includes eight halachot. They are:הִלְכוֹתָיו שְׁמוֹנֶה, וְזֶהוּ סִדּוּרָן׃
The Laws of the Impurity Imparted by a Human Corpseהִלְכוֹת טֻמְאַת מֵת,
The Laws of the Red Heiferהִלְכוֹת פָּרָה אֲדֻמָּה,
The Laws of the Impurity Imparted by Tzara’atהִלְכוֹת טֻמְאַת צָרַעַת,
The Laws of the Sources of Impurity that Impart Impurity to the Places Where One Lies and Sitsהִלְכוֹת מְטַמְּאֵי מִשְׁכָּב וּמוֹשָׁב,
The Laws of Other Primary Categories of Impurityהִלְכוֹת שְׁאָר אֲבוֹת הַטֻּמְאוֹת,
The Laws of the Impurity Contracted by Foodsהִלְכוֹת טֻמְאַת אֹכָלִין,
The Laws of the Impurity Contracted by Keilimהִלְכוֹת כֵּלִים,
The Laws Governing Mikvaotהִלְכוֹת מִקְוָאוֹת.
The Laws of the Impurity Imparted by a Human Corpseהִלְכוֹת טֻמְאַת מֵת
Included in this text is one positive commandment: the laws governing the impurity imparted by a human corpse.מִצְוַת עֲשֵׂה אַחַת, וְהוּא דִּין טֻמְאַת מֵת.
This mitzvah is explained in the ensuing chapters.וּבֵאוּר מִצְוָה זֹאת בִּפְרָקִים אֵלּוּ׃
1A human corpse imparts ritual impurity that persists for a minimum1 of seven days when it’s touched or carried or when one is under the same structure2 (ohel).3אהַמֵּת מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל טֻמְאַת שִׁבְעָה.
The impurity imparted by touching a corpse or being under the same structure is explicitly mentioned in the Torah, as Numbers 19:11 states: “One who touches a corpse of any human being will be impure for seven days” and ibid.:14 states: “Anyone who enters the tent and anything in the tent will be impure for seven days.”וְטֻמְאַת מַגָּע וְאֹהֶל מְפֹרָשִׁין בַּתּוֹרָה, שֶׁנֶּאֱמַר "הַנֹּגֵעַ בְּמֵת לְכָל נֶפֶשׁ אָדָם וְטָמֵא שִׁבְעַת יָמִים", וְנֶאֱמַר "כָּל הַבָּא אֶל הָאֹהֶל וְכָל אֲשֶׁר בָּאֹהֶל יִטְמָא שִׁבְעַת יָמִים".
2The impurity stemming from carrying a human corpse is derived from the Oral Tradition.בטֻמְאַת מַשָּׂא מִפִּי הַשְּׁמוּעָה.
It is based on an inference from a lesser matter to a more severe one.4 If the carcass of animal makes a person impure only until the evening,5 but does not cause a person to incur ritual impurity when under the same shelter, and yet causes him to incur impurity when carrying it,6 as Leviticus 11:40 states: “One who carries their carcasses,” how much more so should this apply with regard to a human corpse.וְקַל וָחֹמֶר הַדְּבָרִים׃ אִם נְבֵלָה שֶׁהִיא טֻמְאַת עֶרֶב וְאֵינָהּ מְטַמְּאָה בָּאֹהֶל מְטַמְּאָה בַּמַּשָּׂא, שֶׁנֶּאֱמַר "וְהַנֹּשֵׂא אֶת נִבְלָתָם", הַמֵּת לֹא כָּל שֶׁכֵּן?!
And the process of reasoning continues: if touching an animal carcass causes one to become impure until the evening and carrying it causes a person to be impure until the evening, so too, since touching a corpse causes a person to be impure for seven days, it should cause him to be impure for seven days if he carries it.וּמַה נְּבֵלָה שֶׁמַּגָּעָהּ טֻמְאַת עֶרֶב, מַשָּׂאָהּ טֻמְאַת עֶרֶב, אַף הַמֵּת, שֶׁמַּגָּעוֹ טֻמְאַת שִׁבְעָה, מַשָּׂאוֹ טֻמְאַת שִׁבְעָה.
The impurity resulting from carrying a corpse is not considered of Rabbinic origin, but is instead, a Scriptural Law.7 It appears to me8 that Scripture remained silent concerning this type of impurity in the same way that it remained silent concerning the prohibition against relations with one’s daughter, because it explicitly forbade relations with the daughter of one’s daughter.9 And it remained silent concerning the prohibition against partaking of meat cooked with milk, because it explicitly forbade cooking it.10 Similarly, Scripture did not mention the impurity incurred by carrying a human corpse because it explicitly mentioned that one who was under the same shelter as a corpse incurs impurity. Thus one can infer that this certainly applies to one who carries it.אֵין טֻמְאַת מַשָּׂא בַּמֵּת מִדִּבְרֵי סוֹפְרִים, אֶלָּא דִּין תּוֹרָה. וְיֵרָאֶה לִי, שֶׁשָּׁתַק מִמֶּנָּה הַכָּתוּב, כְּדֶרֶךְ שֶׁשָּׁתַק מֵאִסּוּר הַבַּת, לְפִי שֶׁאָסַר בְּפֵרוּשׁ אֲפִלּוּ בַּת הַבַּת, וְשָׁתַק מֵאִסּוּר אֲכִילַת בָּשָׂר בְּחָלָב, לְפִי שֶׁאָסַר בְּפֵרוּשׁ אֲפִלּוּ בִּשּׁוּלוֹ - כָּךְ שָׁתַק מִטֻּמְאַת מַשָּׂא בַּמֵּת, לְפִי שֶׁטִּמֵּא בְּפֵרוּשׁ אֲפִלּוּ טֻמְאַת אָהֳלוֹ, כָּל שֶׁכֵּן מַשָּׂאוֹ.
3The impurity incurred by touching mentioned in all situations, whether involving a human corpse or another source of impurity,11 is brought about by a person touching the source of impurity itself.12 Whether he touches it with his flesh, his hand, his foot, or any other portion of his body, even with his tongue,13 he becomes impure.גטֻמְאַת מַגָּע הָאֲמוּרָה בְּכָל מָקוֹם, בֵּין בַּמֵּת בֵּין בִּשְׁאָר הַמְטַמְּאִים, הוּא שֶׁנָּגַע הָאָדָם בִּבְשָׂרוֹ בַּטֻּמְאָה עַצְמָהּ, בֵּין בְּיָדוֹ בֵּין בְּרַגְלוֹ בֵּין בִּשְׁאָר בְּשָׂרוֹ, וַאֲפִלּוּ בִּלְשׁוֹנוֹ - הֲרֵי זֶה נִטְמָא.
Similarly, it appears to me that if a person touches a source of impurity with his nails or with his teeth,14 he becomes impure. The rationale is since they are connected to the body, they are considered as the body itself.וְכֵן נִרְאֶה לִי, שֶׁאִם נָגַע בְּצִפָּרְנָיו אוֹ בְּשִׁנָּיו - נִטְמָא; כֵּיוָן שֶׁהֶם מְחֻבָּרִים לַגּוּף, הֲרֵי הֵם כַּגּוּף.
If, however, a person took a source of impurity, skewered it with a weaving needle, and inserted it into the throat of a person who is ritually pure without it touching his tongue15 or inserted it within the womb of a woman from below without touching her flesh, the person who swallowed the source of impurity does not become impure because his inner organs came in contact with the source of impurity.16 The rationale is that contact between a source of impurity and one’s inner organs is not considered as touch.אֲבָל אִם תָּחַב אָדָם טֻמְאָה בְּכוֹשׁ וְהִכְנִיסָהּ לְתוֹךְ גְּרוֹנוֹ שֶׁל אָדָם טָהוֹר וְלֹא נָגְעָה בִּלְשׁוֹנוֹ, אוֹ שֶׁהִכְנִיסָהּ לְתוֹךְ מְעִי שֶׁל אִשָּׁה מִלְּמַטָּה וְלֹא נָגְעָה בִּבְשָׂרָהּ - לֹא נִטְמָא הַבּוֹלֵעַ מִשּׁוּם מַגָּע זֶה, שֶׁהֲרֵי לֹא נָגְעָה בִּבְשָׂרוֹ, שֶׁנְּגִיעַת פְּנִים אֵינָהּ נְגִיעָה.
4A scab over a bruise is considered as skin with regard to touching sources of impurity. The underdeveloped body hair of a child,17 by contrast, is not considered as skin.18 What is implied? If a source of impurity touches a person on the scab over a bruise, he is impure; it is as if it touched his flesh. Conversely, if it touched the thin hair on the body of a child,19 he does not become impure.דקְרוּם שֶׁעַל הַמַּכָּה, הֲרֵי הוּא כְּעוֹר הַבָּשָׂר לְעִנְיַן מַגַּע טֻמְאוֹת. וְכִישׁוּת שֶׁעַל הַקָּטָן, אֵינָהּ כְּעוֹר הַבָּשָׂר. כֵּיצַד? מִי שֶׁנָּגְעָה טֻמְאָה בִּקְרוּם מַכָּתוֹ, נִטְמָא כְּאִלּוּ נָגְעָה בְּעוֹרוֹ; נָגְעָה בַּשֵּׂעָר הַדַּק שֶׁעַל בְּשַׂר הַקָּטָן, לֹא נִטְמָא.
Similarly, if an impure person has a bruise and a pure person touched the scab on the bruise, he becomes ritually impure. If a minor was impure and a pure person touched the underdeveloped hair on his body, he does not become impure. This applies both with regard to impurity stemming from a human corpse or other types of impurity.וְכֵן אָדָם טָמֵא שֶׁהָיְתָה בּוֹ מַכָּה, וְנָגַע הַטָּהוֹר בִּקְרוּם מַכַּת הַטָּמֵא - נִטְמָא. אִם הָיָה קָטָן טָמֵא, וְנָגַע הַטָּהוֹר בַּכִּישׁוּת שֶׁלּוֹ - לֹא נִטְמָא, בֵּין בְּטֻמְאַת מֵת, בֵּין בִּשְׁאָר טֻמְאוֹת.
Similarly, blotches of filth, mud, or similar things that are not considered as intervening substances20 or dried pieces of filth and things that are considered as intervening substances are not considered as flesh, neither to impart ritual impurity to others,21 nor to contract ritual impurity.22וְכֵן לִכְלוּכֵי צוֹאָה אוֹ טִיט, וְכַיּוֹצֵא בָהֶן מִדְּבָרִים שֶׁאֵין חוֹצְצִין עַל הַגּוּף, וְכֵן גִּלְדֵי צוֹאָה מִן הַדְּבָרִים שֶׁחוֹצְצִין עַל הַגּוּף - אֵינָם כְּעוֹר הַבָּשָׂר, לֹא לְטַמֵּא וְלֹא לְהִתְטַמֵּא.
5Just as a person becomes impure when he comes into contact with a source of impurity, so too, keilim23 become impure when a source of impurity touches them24 with the exception of an earthenware container that contracts ritual impurity only when a source of impurity enters its inner space, as will be explained in Hilchot Keilim.25הכְּשֵׁם שֶׁאָדָם מִתְטַמֵּא בִּנְגִיעָתוֹ בַּטֻּמְאָה, כָּךְ הַכֵּלִים מִתְטַמְּאִים בִּנְגִיעַת הַטֻּמְאָה בָּהֶן; חוּץ מִכְּלִי חֶרֶס, שֶׁאֵינוֹ מִתְטַמֵּא אֶלָּא מֵאֲוִירוֹ, כְּמוֹ שֶׁיִּתְבָּאֵר בְּהִלְכוֹת כֵּלִים.
This is an inclusive general principle that applies with regard to ritual impurity: Whatever causes a person to contract ritual impurity when touching him, causes keilim to contract ritual impurity. Whatever does not cause a person to contract ritual impurity when touching him, does not cause keilim to contract ritual impurity. A person and keilim contract ritual impurity only from a primary source of ritual impurity.26וְזֶהוּ כְּלָל גָּדוֹל בַּטֻּמְאָה׃ כָּל הַמְטַמֵּא אָדָם בַּמַּגָּע, מְטַמֵּא כֵּלִים; וְכָל שֶׁאֵינוֹ מְטַמֵּא אָדָם בַּמַּגָּע, אֵינוֹ מְטַמֵּא כֵּלִים. וְאֵין אָדָם וְכֵלִים מְקַבְּלִין טֻמְאָה אֶלָּא מֵאַב הַטֻּמְאָה.
6The impurity incurred by carrying mentioned in all situations- whether involving a human corpse or another object that imparts impurity by carrying—is brought about by a person carrying27 a source of impurity even though he did not touch it. Even if there is a stone28 between the person and the source of impurity, since he carried it, he becomes impure.וטֻמְאַת מַשָּׂא הָאֲמוּרָה בְּכָל מָקוֹם, בֵּין בַּמֵּת בֵּין בִּשְׁאָר הַמְטַמְּאִים בַּמַּשָּׂא - הוּא שֶׁיִּשָּׂא הָאָדָם הַטֻּמְאָה, אַף עַל פִּי שֶׁלֹּא נָגַע בָּהּ; אֲפִלּוּ הָיָה בֵּינוֹ לְבֵינָהּ אֶבֶן, הוֹאִיל וְנָשָׂא - נִטְמָא.
The above applies whether he carries it on his head, his hand, or another portion of his body. And it applies whether the person lifted up the source of impurity himself or another person lifted it up and put it on him; since he carried it on his person in any way, he becomes impure.וְאֶחָד הַנּוֹשֵׂא עַל רֹאשׁוֹ אוֹ עַל יָדוֹ אוֹ עַל שְׁאָר גּוּפוֹ, וְאֶחָד הַנּוֹשֵׂא הוּא בְּעַצְמוֹ אוֹ שֶׁנְּשָׂאָהּ אַחֵר וְהִנִּיחָהּ לְמַעְלָה מִזֶּה, הוֹאִיל וְנִשֵּׂאת עָלָיו מִכָּל מָקוֹם - נִטְמָא.
Even if the source of impurity was hanging on a string or a hair and he hung the string from his hand and lifted the source of impurity to the slightest degree, he is considered to have carried it and he becomes impure.וַאֲפִלּוּ הָיְתָה הַטֻּמְאָה תְּלוּיָה בְּחוּט אוֹ בְּשַׂעֲרָה, וְתָלָה הַחוּט בְּיָדוֹ, וְהִגְבִּיהַּ הַטֻּמְאָה כָּל שֶׁהוּא, הֲרֵי זֶה נוֹשֵׂא, וְנִטְמָא.
7Moving an article29 is considered as carrying it.זמֵסִיט בִּכְלַל נוֹשֵׂא הוּא.
Any article that imparts impurity when it is carried imparts impurity when moved.וְכָל דָּבָר שֶׁמְּטַמֵּא בְּמַּשָּׂא מְטַמֵּא בְּהֶסֵּט.
What is implied? There was a beam resting on a wall and on its side was a human corpse, an animal carcass, or the like. A pure person came to the other end of the beam and moved it. Since he moved the impurity at the other end of the beam, he becomes impure for carrying the source of impurity.כֵּיצַד? קוֹרָה שֶׁהִיא מֻנַּחַת עַל הַכֹּתֶל, וְעַל צִדָּהּ מֵת אוֹ נְבֵלָה וְכַיּוֹצֵא בָהֶן, וּבָא הַטָּהוֹר לִקְצֵה הַקּוֹרָה הַשֵּׁנִי וֶהֱנִידוֹ, כֵּיוָן שֶׁהֵנִיד אֶת הַטֻּמְאָה שֶׁבַּקָּצֶה הַשֵּׁנִי - טָמֵא מִשּׁוּם נוֹשֵׂא.
Needless to say, this applies if he pulled the other end of the beam toward the earth until the source of impurity was lifted up or he dragged it on the ground, for this is certainly considered as carrying. The above situation and anything similar refers to the activity of moving that imparts ritual impurity, as mentioned in all instances.וְאֵין צָרִיךְ לוֹמַר אִם מָשַׁךְ אֶת הַקָּצֶה הַשֵּׁנִי כְּנֶגֶד הָאָרֶץ עַד שֶׁהִגְבִּיהַּ הַטֻּמְאָה, אוֹ שֶׁגָּרַר הַטֻּמְאָה עַל הָאָרֶץ, שֶׁזֶּה נוֹשֵׂא וַדַּאי. וְזוֹ וְכָל כַּיּוֹצֵא בָהּ הִיא טֻמְאַת הֶסֵּט הָאֲמוּרָה בְּכָל מָקוֹם.
8When a person carries a source of impurity in a hidden part of his body,30 he becomes impure. Even though touching such portions of the body is not considered as touch,31 carrying an article there is considered as carrying unless the source of impurity is swallowed up in the person’s digestive system.32 Once a source of impurity reaches a person’s stomach, it is not considered as if he touched or carried it. If such a person immerses in a mikveh he regains purity, even though the source of impurity is in his digestive system.חהַנּוֹשֵׂא בְּתוֹךְ בֵּית הַסְּתָרִים - נִטְמָא; שֶׁאַף עַל פִּי שֶׁאֵין הַנְּגִיעָה שָׁם נְגִיעָה, הַנּוֹשֵׂא שָׁם נוֹשֵׂא הוּא. אֶלָּא אִם כֵּן נִבְלַע הַטֻּמְאָה בְּתוֹךְ מֵעָיו, שֶׁמֵּאַחַר שֶׁהִגִּיעָה לְתוֹךְ בִּטְנוֹ, אֵינוֹ לֹא נוֹגֵעַ וְלֹא נוֹשֵׂא. וְאִם טָבַל - טָהַר, וְאַף עַל פִּי שֶׁהַטֻּמְאָה בְּתוֹךְ מֵעָיו.
9Only a human being becomes impure for carrying a source of impurity, not keilim.33 What is implied? Ten containers were placed on a person’s hand, one on top of the other, and the carcass of an animal or another source of impurity was placed in the uppermost container. The person is considered impure, because he carried the carcass of an animal. The containers on his hand, by contrast, are all pure except for the uppermost one which was touched by the source of impurity. Similar laws apply in all analogous situations.טאֵין מִתְטַמֵּא בַּמַּשָּׂא אֶלָּא הָאָדָם בִּלְבָד, לֹא הַכֵּלִים. כֵּיצַד? הֲרֵי שֶׁהָיָה מֻנָּח עַל יָדוֹ עֲשָׂרָה כֵלִים זֶה עַל גַּב זֶה, וְהַנְּבֵלָה וְכַיּוֹצֵא בָהּ בַּכְּלִי הָעֶלְיוֹן - הָאָדָם טָמֵא מִשּׁוּם נוֹשֵׂא נְבֵלָה, וְהַכֵּלִים שֶׁעַל יָדוֹ כֻּלָּן טְהוֹרִים, חוּץ מִכְּלִי הָעֶלְיוֹן שֶׁנָּגְעָה בּוֹ הַטֻּמְאָה. וְכֵן כָּל כַּיּוֹצֵא בָזֶה.
10The ritual impurity of ohel does not apply with regard to other sources of impurity, only with regard to a human corpse.34 Whether a person and/or a k’li, even a needle, was extended over a corpse, a corpse was extended over a person and/or a k’li, or a corpse and a person and/or a k’li were under one shelter, they are impure.יטֻמְאַת אֹהֶל אֵינָהּ בִּשְׁאָר טֻמְאוֹת, אֶלָּא בַּמֵּת בִּלְבָד. וּבֵין שֶׁהֶאֱהִיל הָאָדָם אוֹ הַכְּלִי, אֲפִלּוּ מַחַט שֶׁהֶאֱהִילָה עַל הַמֵּת, אוֹ שֶׁהֶאֱהִיל הַמֵּת עַל הָאָדָם אוֹ עַל הַכְּלִי, אוֹ שֶׁהָיָה הַמֵּת עִם הָאָדָם אוֹ עִם הַכֵּלִים תַּחַת אֹהֶל אֶחָד - הֲרֵי אֵלּוּ טְמֵאִים.
11The impurity of ohel mentioned in all places refers to impurity imparted by a source of impurity to a person or keilim in one of these three ways.יאוְטֻמְאַת אֹהֶל הָאֲמוּרָה בְּכָל מָקוֹם הוּא שֶׁתְּטַמֵּא אוֹתָהּ טֻמְאָה הָאָדָם אוֹ הַכֵּלִים בְּאַחַת מִשָּׁלֹשׁ דְּרָכִים אֵלּוּ.
Whether a person enters entirely to the shelter where a corpse is located or part of his body enters, he becomes impure because of the ohel. Even if he inserted merely his hand, his fingertips, or his nose into the shelter where a corpse is located, his entire person becomes impure.35אֶחָד הַבָּא כֻלּוֹ לְאֹהֶל הַמֵּת, אוֹ הַבָּא מִקְצָתוֹ - הֲרֵי זֶה נִטְמָא בָּאֹהֶל; אֲפִלּוּ הִכְנִיס יָדוֹ אוֹ רָאשֵׁי אֶצְבְּעוֹתָיו אוֹ חָטְמוֹ לְאֹהֶל הַמֵּת - הֲרֵי זֶה נִטְמָא כֻלּוֹ.
If he joined his hand36 to the lintel of the doorway of such a shelter, he becomes impure as if part of his body entered.נָגַע בַּמַּשְׁקוֹף וְצֵרֵף יָדוֹ עִם הַמַּשְׁקוֹף - נִטְמָא, כְּאִלּוּ בָּא מִקְצָתוֹ.
If he touched the doorframe37 from a handbreadth and below above the ground, he is pure.38 From a handbreadth and above, he is impure.39 It appears to me that this impurity is of Rabbinic origin.נָגַע בָּאַסְקֻפָּה: מִטֶּפַח וּלְמַטָּה קָרוֹב לָאָרֶץ, טָהוֹר; וּמִטֶּפַח וּלְמַעְלָה, טָמֵא. וְיֵרָאֶה לִי שֶׁדָּבָר זֶה מִדִּבְרֵיהֶם.
12Corpses of both Jews and gentiles impart impurity through touch or through carrying.40יבאֶחָד הַמֵּת מִיִּשְׂרָאֵל אוֹ מִן הַגּוֹי - מְטַמֵּא בְּמַּגָּע וּבְמַּשָּׂא.
13The corpse of a gentile does not impart ritual impurity through ohel.41 This matter was conveyed by the Oral Tradition. With regard to the war with Midian, Numbers 31:19 states: “All who touch a corpse... “, but does not mention an ohel.42יגוְאֵין הַגּוֹי מְטַמֵּא בָּאֹהֶל. וְדָבָר זֶה קַבָּלָה הוּא. וַהֲרֵי הוּא אוֹמֵר בְּמִלְחֶמֶת מִדְיָן "כֹּל נֹגֵעַ בֶּחָלָל", וְלֹא הִזְכִּיר שָׁם אֹהֶל.
Similarly, a gentile does not contract the impurity connected with a corpse. Instead, if a gentile touches a corpse,43 carries it, or stands over it, it is as if he did not touch it.וְכֵן הַגּוֹי אֵינוֹ נַעֲשֶׂה טְמֵא מֵת, אֶלָּא גּוֹי שֶׁנָּגַע בַּמֵּת אוֹ נְשָׂאוֹ אוֹ הֶאֱהִיל עָלָיו - הֲרֵי הוּא כְּמִי שֶׁלֹּא נָגַע.
To what can the matter be compared? To an animal that touched a corpse or stood over a corpse.הָא לְמָה זֶה דּוֹמֶה? לַבְּהֵמָה שֶׁנָּגְעָה בַּמֵּת אוֹ הֶאֱהִילָה עַל הַמֵּת.
Not only the impurity imparted by a human corpse, but all types of impurity do not cause gentiles and animals44 to become impure.וְלֹא בְּטֻמְאַת הַמֵּת בִּלְבָד, אֶלָּא בְּכָל הַטֻּמְאוֹת כֻּלָּן אֵין הַגּוֹיִם וְלֹא הַבְּהֵמָה מִתְטַמְּאִין בָּהֶן.
14According to Rabbinic Law, gentiles are considered as zavim.45ידוּמִדִּבְרֵי סוֹפְרִים, שֶׁיְּהוּ הַגּוֹיִם כְּזָבִין לְכָל דִּבְרֵיהֶן.
According to Scriptural Law, there is no type of living being that contracts ritual impurity while alive or imparts ritual impurity while alive,46 except a human, and even then, only when he is Jewish.47וְאֵין לְךָ בְּכָל מִינֵי נֶפֶשׁ חַיָּה מַה שֶּׁמִּתְטַמֵּא וְהוּא חַי, אוֹ מְטַמֵּא וְהוּא חַי, חוּץ מִן הָאָדָם בִּלְבָד. וְהוּא, שֶׁיִּהְיֶה מִיִּשְׂרָאֵל.
Both a Jewish adult and a minor can contract all forms of ritual impurity, even the impurity stemming from a corpse, concerning which Numbers 19:20 states: “A man48 who shall become impure.” Nevertheless, both an adult and a minor can contract this impurity, for ibid.:18 states: “for all the souls that were there.”49 Even a newborn infant that touched, carried, or extended a limb over a corpse becomes impure and he is considered impure because of contact with a human corpse. The above applies provided the baby was born after a nine month pregnancy.50 If he is born after an eight month pregnancy, he is considered as a stone51 and he does not contract ritual impurity.אֶחָד גָּדוֹל וְאֶחָד קָטָן מִתְטַמְּאִין בְּכָל הַטֻּמְאוֹת, אֲפִלּוּ בְּטֻמְאַת הַמֵּת, שֶׁנֶּאֱמַר בָּהּ "וְאִישׁ אֲשֶׁר יִטְמָא" - אֶחָד הָאִישׁ וְאֶחָד הַקָּטָן; שֶׁהֲרֵי הוּא אוֹמֵר שָׁם "וְעַל כָּל הַנְּפָשׁוֹת אֲשֶׁר הָיוּ שָׁם". אֲפִלּוּ קָטָן בֶּן יוֹמוֹ שֶׁנָּגַע אוֹ נָשָׂא אוֹ הֶאֱהִיל הַמֵּת עָלָיו - נִטְמָא, וַהֲרֵי הוּא טְמֵא מֵת. וְהוּא, שֶׁנּוֹלַד לְתִשְׁעָה. אֲבָל בֶּן שְׁמוֹנָה - הֲרֵי הוּא כְּאֶבֶן, וְאֵינוֹ מְקַבֵּל טֻמְאָה.
15A corpse does not impart ritual impurity until the person actually dies. Even if one’s veins have been cut,52 or he is in his death-throes, even if his two vital signs53 have been slit, he does not impart ritual impurity until his soul expires,54 as ibid.:13 states: “The soul of a man who dies....”טוהַמֵּת אֵינוֹ מְטַמֵּא עַד שֶׁתֵּצֵא נַפְשׁוֹ. אֲפִלּוּ מְגֻיָּד אוֹ גּוֹסֵס, אֲפִלּוּ נִשְׁחֲטוּ בּוֹ שְׁנֵי הַסִּימָנִים - אֵינוֹ מְטַמֵּא עַד שֶׁתֵּצֵא נַפְשׁוֹ, שֶׁנֶּאֱמַר "בְּנֶפֶשׁ הָאָדָם אֲשֶׁר יָמוּת".
If his backbone is broken together with most of the surrounding flesh, he was torn apart like a fish from his back, he was decapitated, or he was cut in half from his stomach, he imparts impurity,55 even though some of his limbs are still making convulsive movements.נִשְׁבְּרָה מַפְרַקְתּוֹ וְרֹב בְּשָׂרָהּ עִמָּהּ, אוֹ שֶׁנִּקְרַע כַּדָּג מִגַּבּוֹ, אוֹ שֶׁהֻתַּז רֹאשׁוֹ, אוֹ שֶׁנֶּחְתַּךְ לִשְׁנֵי חֲלָקִים בְּבִטְנוֹ - הֲרֵי זֶה מְטַמֵּא, אַף עַל פִּי שֶׁעֲדַיִן הוּא מְרַפְרֵף בְּאֶחָד מֵאֵיבָרָיו.

Tum'at Met - Chapter 2

1A stillborn fetus, even though it is underdeveloped1 and its limbs have not been firmly connected with their sinews, imparts ritual impurity when it is touched, carried, or when one is under the same structure as it, like the corpse of an adult that has died, as implied by Numbers 19:11: “One who touches a corpse of the soul of any2 man.”אהַנֵּפֶל, אַף עַל פִּי שֶׁעֲדַיִן לֹא נִתְקַשְּׁרוּ אֵיבָרָיו בְּגִידִין - מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל, כְּאָדָם גָּדוֹל שֶׁמֵּת, שֶׁנֶּאֱמַר "הַנֹּגֵעַ בְּמֵת לְכָל נֶפֶשׁ אָדָם".
Similarly, an olive-sized measure3 from the flesh of a corpse imparts impurity like an entire corpse, whether it still retains its moisture or it has become dry like a shard.4 Netzal is like flesh5 and imparts impurity when an olive-sized portion is present.וְכֵן כְּזַיִת מִבְּשַׂר הַמֵּת, בֵּין לַח בֵּין יָבֵשׁ כַּחֶרֶס - מְטַמֵּא כְּמֵת שָׁלֵם. וְהַנָּצָל בַּבָּשָׂר, מְטַמֵּא בִּכְזַיִת.
What is meant by the term netzal Flesh that has decomposed and turned into a putrid liquid mass, provided that the liquid mass that resulted from the corpse coagulates.אֵיזֶהוּ נָצָל? זֶה הַבָּשָׂר שֶׁנִּמּוֹחַ וְנַעֲשָׂה לֵחָה סְרוּחָה. וְהוּא, שֶׁתִּקְרֹשׁ אוֹתָהּ הַלֵּחָה הַנִּמְצֵאת מִן הַמֵּת.
For if it coagulates, it is apparent that it comes from the flesh of the corpse. If it does not coagulate, it does not impart impurity, for perhaps it is from the deceased’s phlegm or other body fluids.שֶׁאִם קָרְשָׁה, בְּיָדוּעַ שֶׁהִיא מִבְּשָׂרוֹ; וְאִם לֹא קָרְשָׁה, אֵינָהּ מְטַמְּאָה, שֶׁמָּא כִּיחוֹ וְנִיעוֹ הוּא.
2Even though these measures were all conveyed as halachot to Moses at Sinai, our Sages said:6 At the onset of his conception, man’s body is the size of an olive. Therefore the measure for which his flesh imparts ritual impurity is the size of an olive.באַף עַל פִּי שֶׁהַשִּׁעוּרִין כֻּלָּם הֲלָכָה לְמֹשֶׁה מִסִּינַי הֵן, אָמְרוּ חֲכָמִים׃ תְּחִלַּת בְּרִיָּתוֹ שֶׁל אָדָם כְּזַיִת, וּלְפִיכָךְ שִׁעוּר טֻמְאַת בְּשָׂרוֹ כְּזַיִת.
3A limb that was cut off from a living person is considered as an entire corpse and imparts impurity when it is touched, carried, or one is under the same structure.7גאֵבֶר שֶׁנֶּחְתַּךְ מִן הָאָדָם הַחַי - הֲרֵי הוּא כְּמֵת שָׁלֵם, מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל.
This applies even to a limb of a newborn infant, for there is no minimum measure that applies with regard to complete limbs.8 This is derived from Numbers 19:16 which states: “Anyone who touches a corpse slain by the sword... on the open field.” It is a known matter that the laws applying to one slain by the sword are the same as one slain by a stone or through other means.9 According to the Oral Tradition,10 we learned that the verse comes only to deem a limb severed by a sword as impure.11אֲפִלּוּ אֵבֶר קָטָן שֶׁל בֶּן יוֹמוֹ; שֶׁהָאֵיבָרִים אֵין לָהֶם שִׁעוּר, שֶׁנֶּאֱמַר "וְכֹל אֲשֶׁר יִגַּע עַל פְּנֵי הַשָּׂדֶה בַּחֲלַל חֶרֶב", וְהַדָּבָר יָדוּעַ שֶׁדִּין חֲלַל חֶרֶב כְּדִין חֲלַל אֶבֶן אוֹ חֲלַל שְׁאָר דְּבָרִים. מִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁלֹּא בָא זֶה, אֶלָּא לְטַמֵּא נוֹגֵעַ בָּאֵבֶר שֶׁפְּלָטַתּוּ הַחֶרֶב.
When does the above apply? When the limb was intact as it was when it came into being with flesh, sinews, and bones, as the abovementioned verse states: “Or the bone of a man.” Implied is that the bone must be like a man, i.e., a human corpse. Just as a human corpse has flesh, sinews, and bones, so too, a limb from a living person must be intact as it was when it came into being and have flesh, sinews, and bones.בַּמֶּה דְּבָרִים אֲמוּרִים? כְּשֶׁהָיָה הָאֵבֶר שָׁלֵם כִּבְרִיָּתוֹ, בָּשָׂר וְגִידִים וַעֲצָמוֹת, שֶׁנֶּאֱמַר "אוֹ בְעֶצֶם אָדָם" - עֶצֶם שֶׁהוּא כְּאָדָם׃ מָה אָדָם בָּשָׂר וְגִידִים וַעֲצָמוֹת, אַף אֵבֶר מִן הַחַי עַד שֶׁיִּהְיֶה כִּבְרִיָּתוֹ בָּשָׂר וְגִידִים וַעֲצָמוֹת.
In contrast, a kidney and a tongue, and the like, even though they are considered as complete organs,12 since they do not contain bones, they are considered as the remainder of a person’s flesh.13אֲבָל הַכֻּלְיָה וְהַלָּשׁוֹן וְכַיּוֹצֵא בָהֶן, אַף עַל פִּי שֶׁהֵן אֵבֶר בִּפְנֵי עַצְמָן, הוֹאִיל וְאֵין בָּהֶן עֶצֶם - הֲרֵי הֵן כִּשְׁאָר הַבָּשָׂר.
If even the slightest amount of bone was missing from a limb severed from a living person,14 the entire limb is pure.חָסֵר מִן הָעֶצֶם שֶׁל אֵבֶר כָּל שֶׁהוּא, הֲרֵי הָאֵבֶר כֻּלּוֹ טָהוֹר.
The following rules apply if some of its flesh was missing:15 If there remained enough flesh on it that, were the person to be alive, his flesh would regenerate, be healed, and return to a state of wholeness, the limb imparts impurity when it is touched, carried, or when one is under the same structure. If not, it imparts impurity when it is touched, carried, but not when one is under the same structure.16חָסֵר מִבְּשָׂרוֹ: אִם נִשְׁאַר עָלָיו בָּשָׂר שֶׁרָאוּי לַעֲלוֹת בּוֹ אֲרוּכָה בַּחַי, וְיִתְרַפֵּא וְיִשְׁלַם - הֲרֵי זֶה מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל; וְאִם לָאו - מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא, וְאֵינוֹ מְטַמֵּא בָּאֹהֶל.
Flesh that is separated from a living person is ritually pure. Similarly, a bone without flesh that is separated from a living person is ritually pure.וּבָשָׂר הַפּוֹרֵשׁ מִן הַחַי, טָהוֹר; וְכֵן עֶצֶם בְּלֹא בָשָׂר הַפּוֹרֵשׁ מִן הַחַי, טָהוֹר.
4When a limb is separated from a corpse, it imparts impurity as a corpse does when it is touched, carried, or when one is under the same structure, provided it is intact as it was when it came into being with flesh, sinews, and bones.17דאֵבֶר הַפּוֹרֵשׁ מִן הַמֵּת, מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל כַּמֵּת. וְהוּא שֶׁיִּהְיֶה שָׁלֵם כִּבְרִיָּתוֹ, בָּשָׂר וְגִידִים וַעֲצָמוֹת.
If a portion of the bone was lacking, when there is at least an olive-seized portion of flesh on it, it imparts impurity like an entire corpse. The following rules apply if some of the flesh was lacking, but none of the bone. If there remained enough flesh on it that, were the person to be alive, his flesh would regenerate, it imparts impurity like an entire corpse.18 If not, it is like other bones of a corpse on which there is no flesh.19חָסֵר עַצְמוֹ, אִם נִשְׁאַר עָלָיו בָּשָׂר כְּזַיִת - מְטַמֵּא כְּמֵת שָׁלֵם. חָסֵר הַבָּשָׂר וְלֹא חָסֵר הָעֶצֶם: אִם נִשְׁאַר עָלָיו כְּדֵי לַעֲלוֹת אֲרוּכָה בַּחַי, מְטַמֵּא כְּמֵת שָׁלֵם; וְאִם לָאו, הֲרֵי הוּא כִּשְׁאָר עַצְמוֹת הַמֵּתִים שֶׁאֵין עֲלֵיהֶן הַבָּשָׂר.
5The marrow of a bone causes flesh to regenerate on the bone’s surface. Therefore if the hipbone of a corpse, a bone that is closed on both of its sides, has sufficient marrow to cause the flesh to regenerate, it is considered as an entire corpse.המוֹחַ שֶׁבְּתוֹךְ הָעֶצֶם, הֲרֵי הוּא מַעֲלֶה אֲרוּכָה מִבַּחוּץ. לְפִיכָךְ קוּלִית הַמֵּת, וְהוּא עֶצֶם הַסָּתוּם מִשְּׁנֵי קְצוֹתָיו, אִם יֵשׁ בְּתוֹכָהּ מוֹחַ כְּדֵי לַעֲלוֹת אֲרוּכָה, הֲרֵי זֶה כְּמֵת שָׁלֵם.
The following laws apply if a bone has marrow that has dried out and rattles within.20 If there is an olive-sized portion of marrow, the bone imparts impurity when one is under the same shelter. Even though the bone is closed on all sides, the impurity breaks through and ascends and breaks through and descends, as will be explained.21 For the marrow is considered like flesh in all contexts.22הָיָה בָּהּ מוֹחַ הַמִּתְנַדְנֵד, אִם יֵשׁ בּוֹ כְּזַיִת, הֲרֵי זֶה מְטַמֵּא בָּאֹהֶל. אַף עַל פִּי שֶׁהָעֶצֶם סָתוּם מִכָּל צְדָדָיו, טֻמְאָה בּוֹקַעַת וְעוֹלָה בּוֹקַעַת וְיוֹרֶדֶת, כְּמוֹ שֶׁיִּתְבָּאֵר; שֶׁהַמּוֹחַ כַּבָּשָׂר לְכָל דָּבָר.
6The following laws apply when there is a limb and/or flesh limply hanging from a person. Even though they cannot be restored to their natural state and vitality,23 they are pure.24והָאֵבֶר וְהַבָּשָׂר הַמְּדֻלְדָּלִים בָּאָדָם, אַף עַל פִּי שֶׁאֵין יְכוֹלִין לַחֲזוֹר וְלִחְיוֹת - טְהוֹרִין.
If the person dies, the flesh is pure and the limb imparts ritual impurity according to the laws pertaining to a limb severed from a living body and not according to the laws pertaining to a limb severed from a corpse.25מֵת הָאָדָם, הֲרֵי הַבָּשָׂר טָהוֹר; וְהָאֵבֶר מְטַמֵּא מִשּׁוּם אֵבֶר מִן הַחַי, וְאֵינוֹ מְטַמֵּא מִשּׁוּם אֵבֶר מִן הַמֵּת.
What are the differences between the laws pertaining to a limb severed from a living body and the laws pertaining to a limb severed from a corpse? Flesh and bones that become separated from a limb severed from a living person are pure.26 Flesh and bones that become separated from a limb severed from a corpse are considered as if they were separate from an entire corpse and impart impurity according to the appropriate measures.27מַה בֵּין אֵבֶר מִן הַחַי לְאֵבֶר מִן הַמֵּת? אֵבֶר מִן הַחַי - בָּשָׂר הַפּוֹרֵשׁ מִמֶּנּוּ וְעֶצֶם הַפּוֹרֵשׁ מִמֶּנּוּ טְהוֹרִים; וְאֵבֶר מִן הַמֵּת - בָּשָׂר הַפּוֹרֵשׁ מִמֶּנּוּ וְעֶצֶם הַפּוֹרֵשׁ מִמֶּנּוּ כִּמְפֹרָשִׁים מִן הַמֵּת הַשָּׁלֵם, וּמְטַמְּאִין בְּשִׁעוּרָן.
7There is no minimum measure for either a limb severed from a living body or a limb severed from a corpse.28 A man has 248 limbs,29 every one of them comprising flesh, sinews, and bones. The teeth are not included in this number.30 There are 251 in a woman.31זוּבֵין אֵבֶר מִן הַחַי בֵּין אֵבֶר מִן הַמֵּת, אֵין לָהֶן שִׁעוּר. אָמְרוּ חֲכָמִים׃ מָאתַיִם שְׁמוֹנָה וְאַרְבָּעִים אֵיבָרִים יֵשׁ בָּאִישׁ, כָּל אֶחָד וְאֶחָד מֵהֶן בָּשָׂר וְגִידִים וְעֶצֶם; וְאֵין הַשִּׁנַּיִם מִן הַמִּנְיָן. וּבָאִשָּׁה, מָאתַיִם וְאֶחָד וַחֲמִשִּׁים.
Any limb that became separated while intact as it was when it came into being, whether it was separated while the person was alive or after his death imparts impurity when it is touched, carried, or one is under the same structure with the exception of the three extra limbs possessed by a woman. The latter do not convey impurity when one is under the same structure.32כָּל אֵבֶר מֵהֶן שֶׁפֵּרֵשׁ כִּבְרִיָּתוֹ, בֵּין מִן הַחַי בֵּין מִן הַמֵּת - מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל, חוּץ מִשְּׁלֹשָׁה אֵיבָרִים יְתֵרוֹת שֶׁבָּאִשָּׁה, שֶׁאֵינָן מְטַמְּאִין בָּאֹהֶל.
Similarly, an extra finger33 that has a bone, but does not have a nail, can be counted as part of the sum of the majority of a person’s limbs34 if it is counted on his hand together with his other fingers.35 If it is not counted on his hand together with his other fingers,36 it can, nevertheless, impart impurity when it is touched or carried.37 It does not, however, impart impurity when one is under the same shelter. The impurity it imparts is of Rabbinic origin. If it has a nail, it is considered as other limbs.וְכֵן אֶצְבַּע יְתֵרָה שֶׁיֵּשׁ בָּהּ עֶצֶם, וְאֵין בָּהּ צִפֹּרֶן: אִם נִסְפֶּרֶת עַל גַּב הַיָּד, עוֹלָה לְמִנְיַן רֹב הָאֵיבָרִים; וְאִם אֵינָהּ נִסְפֶּרֶת עַל גַּב הַיָּד - מְטַמְּאָה בַּמַּגָּע וּבַמַּשָּׂא, וְאֵינָהּ מְטַמְּאָה בָּאֹהֶל. וְטֻמְאָתָהּ מִדִּבְרֵי סוֹפְרִים. וְאִם הָיָה בָהּ צִפֹּרֶן, הֲרֵי הִיא כִּשְׁאָר הָאֵיבָרִים.
Why did the Sages rule that a finger that is not counted should impart impurity? This decree was a safeguard lest the impurity that could be imparted by one that is counted would be ignored.וּמִפְּנֵי מָה גָּזְרוּ טֻמְאָה עַל אֶצְבַּע שֶׁאֵינָהּ נִסְפֶּרֶת? גְּזֵרָה מִשּׁוּם הַנִּסְפֶּרֶת.
Why did they rule that it does not impart impurity when under the same shelter? They established a point of distinction to make it known that the impurity it imparts originates in a Rabbinic decree so that terumah and sacrificial meat will not be burnt because of this type of impurity.38וְלָמָּה לֹא טִמְּאוּהָ בָּאֹהֶל? עָשׂוּ לָהּ הֶכֵּר כְּדֵי לְהוֹדִיעַ שֶׁטֻּמְאָתָהּ מִדִּבְרֵיהֶם מִשּׁוּם גְּזֵרָה, כְּדֵי שֶׁלֹּא יִשְׂרְפוּ עַל טֻמְאָתָהּ תְּרוּמָה וְקָדָשִׁים.
8If there is no flesh on the bones of a corpse, they impart impurity like an entire corpse when they are touched or carried or when one is under the same structure,39 provided it is apparent that they have the form of bones,40 for one can still refer to them as “the bones of a man.”41חעַצְמוֹת הַמֵּת שֶׁאֵין עֲלֵיהֶן בָּשָׂר, אִם נִכֶּרֶת בָּהֶן צוּרַת עֲצָמוֹת, הֲרֵי אֵלּוּ מְטַמְּאִין בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל כְּמֵת שָׁלֵם, שֶׁאֲנִי קוֹרֵא בָּהֶן "עֶצֶם אָדָם".
These are the bones that impart the ritual impurity of a corpse: the backbone, the skull, the majority of the body’s structure, and the majority of the number of bones in the body.וְאֵלּוּ הֵן הָעֲצָמוֹת שֶׁהֵן מְטַמְּאִין כַּמֵּת: הַשִּׁדְרָה, וְהַגֻּלְגֹּלֶת, וְרֹב בִּנְיָנוֹ, וְרֹב מִנְיָנוֹ.
What is meant by the backbone causing impurity? When the backbone is intact, it is considered as an entire corpse. If even one of the eighteen vertebrae is missing,42 they are considered as other bones.43הַשִּׁדְרָה כֵּיצַד? שִׁדְרָה שֶׁהִיא שְׁלֵמָה, הֲרֵי הִיא כְּמֵת שָׁלֵם; וְאִם חֲסֵרָה אֲפִלּוּ חֻלְיָה אַחַת מִשְּׁמוֹנֶה עֶשְׂרֵה חֻלְיוֹת, הֲרֵי הִיא כִּשְׁאָר הָעֲצָמוֹת.
What is meant by the skull causing impurity? When the skull is intact, it is considered as an entire corpse. If it is missing a portion as large as a sela,44 it is considered as other bones.הַגֻּלְגֹּלֶת כֵּיצַד? גֻּלְגֹּלֶת שֶׁהִיא שְׁלֵמָה, הֲרֵי הִיא כַּמֵּת; וְאִם חֲסֵרָה כַּסֶּלַע, הֲרֵי הִיא כִּשְׁאָר הָעֲצָמוֹת.
If it has small holes, their area is added together to see if it compromises that of a sela.45הָיוּ בָהּ נְקָבִים קְטַנִּים, כֻּלָּם מִצְטָרְפִין לְכַסֶּלַע.
The entire structure of a man is: the two shins, the hips, the ribs, and the backbone. The majority of the structure of a corpse is considered as an entire corpse.כָּל בִּנְיָנוֹ שֶׁל אָדָם הוּא שְׁתֵּי הַשּׁוֹקַיִם וְהַיְרֵכַיִם וְהַצְּלָעוֹת וְהַשִּׁדְרָה. וְרֹב בִּנְיָנוֹ שֶׁל מֵת, הֲרֵי הוּא כְּמֵת שָׁלֵם.
What is implied? For example, if his two shins and one hip are present, it is as if the entire corpse was present. If even the slightest amount is missing from “the majority of the structure,” the bones are considered as other bones.כֵּיצַד? כְּגוֹן שְׁתֵּי שׁוֹקָיו וְיָרֵךְ אַחַת. אִם חָסֵר רֹב בִּנְיָנוֹ כָּל שֶׁהוּא, הֲרֵי הֵן כִּשְׁאָר הָעֲצָמוֹת.
What is meant by the majority of the number of the bones? The majority of the number of bones, e.g., 125 bones.46 If there are 124, they are considered as other bones.רֹב מִנְיָנוֹ כֵּיצַד? רֹב מִנְיַן עֲצָמוֹת, כְּגוֹן שֶׁהָיוּ מֵאָה חֲמִשָּׁה וְעֶשְׂרִים עֶצֶם - הֲרֵי אֵלּוּ כְּמֵת שָׁלֵם. הָיוּ מֵאָה אַרְבָּעָה וְעֶשְׂרִים, הֲרֵי הֵן כִּשְׁאָר הָעֲצָמוֹת.
Even though this particular person had extra limbs or fewer limbs, this figure is calculated according. to the number of bones of the majority of people unless the extra limb is a finger that has a nail or which is counted on his hand together with his other fingers. Such a finger is counted in the sum of a person’s bones, as stated.47אַף עַל פִּי שֶׁהָיָה אָדָם זֶה יָתֵר בְּאֵיבָרָיו, אוֹ חָסֵר בְּאֵיבָרָיו, אֵין מַשְׁגִּיחִין אֶלָּא עַל מִנְיַן רֹב כָּל אָדָם; אֶלָּא אִם כֵּן הָיְתָה אֶצְבַּע שֶׁיֵּשׁ בָּהּ צִפֹּרֶן אוֹ שֶׁהָיְתָה נִסְפֶּרֶת עַל גַּב הַיָּד, שֶׁהִיא עוֹלָה לַמִּנְיָן, כְּמוֹ שֶׁבֵּאַרְנוּ.
9The following laws apply to the remaining bones of a corpse when among them, there is not the majority of the number, nor the majority of the structure of the corpse, and not an intact backbone, nor an intact skull. If there are a fourth of a kab48 of bones,49 they impart impurity like an entire corpse50 when they are touched or carried or one is under the same structure.51 If there are less than a fourth of a kab—this applies even to a bone merely the size of a barley-corn—they impart impurity when they are touched or carried. They do not, however, impart impurity through being under the same structure.52טשְׁאָר עַצְמוֹת הַמֵּת שֶׁאֵין בָּהֶן רֹב מִנְיָן, וְלֹא רֹב בִּנְיָן, וְלֹא שִׁדְרָה שְׁלֵמָה, וְלֹא גֻּלְגֹּלֶת שְׁלֵמָה: אִם הָיָה בָּהֶן רֹבַע הַקָּב, הֲרֵי אֵלּוּ מְטַמְּאִין כַּמֵּת בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל; הָיוּ פָּחוֹת מֵרֹבַע, אֲפִלּוּ עֶצֶם כַּשְּׂעוֹרָה - מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא, וְאֵינוֹ מְטַמֵּא בָּאֹהֶל.
10If there is one bone, even if it is a fourth of a kab in size, it imparts impurity when it is touched or carried. It does not, however, impart impurity through being under the same structure.יהָיָה עֶצֶם אֶחָד, אֲפִלּוּ יֵשׁ בּוֹ רֹבַע - הֲרֵי זֶה מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא, וְאֵינוֹ מְטַמֵּא בָּאֹהֶל.
The impurity imparted by one bone is a halachah conveyed by the Oral Tradition. Numbers 19:18 states: “And all53 who touch the bone.” The Oral Tradition teaches that even a bone the size of a barley-corn54 imparts impurity when it is touched or carried.טֻמְאַת עֶצֶם אֶחָד, הֲלָכָה מִפִּי הַשְּׁמוּעָה. לְפִי שֶׁנֶּאֱמַר "וְכָל הַנֹּגֵעַ בַּעֶצֶם", לָמְדוּ מִפִּי הַשְּׁמוּעָה, אֲפִלּוּ עֶצֶם כַּשְּׂעוֹרָה מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא.
Since this impurity is taught as halachah by the Oral Tradition, it is considered as Scriptural Law55 and not as a Rabbinic decree.56וּלְפִי שֶׁטֻּמְאָתוֹ הֲלָכָה, הֲרֵי הוּא דִּין תּוֹרָה וְלֹא מִדִּבְרֵי סוֹפְרִים.
11When the bones of a corpse decompose in the grave and become a rekev, two handfuls57 of that rekev58 impart impurity when that quantity is carried or it is located under the same structure as a person or object.יאמֵת שֶׁהִרְקִיבוּ עַצְמוֹתָיו בַּקֶּבֶר, וְנַעֲשׂוּ רָקָב - מְלֹא חָפְנַיִם מֵאוֹתוֹ רָקָב מְטַמֵּא בַּמַּשָּׂא וּבָאֹהֶל כַּמֵּת.
It does not, however, impart impurity when it is touched, because it is impossible to touch it in its entirety, because it is not a whole entity.59 Even if it was mixed with water, the different portions are not considered as joined together.וְאֵינוֹ מְטַמֵּא בַּמַּגָּע, לְפִי שֶׁאִי אֶפְשָׁר לִגַּע בְּכֻלּוֹ, שֶׁהֲרֵי אֵינוֹ גּוּף אֶחָד; וַאֲפִלּוּ גִּבְּלוֹ בַּמַּיִם, אֵינוֹ חִבּוּר.
12The blood of a corpse imparts impurity like the corpse itself60 when it is touched, carried, or one is under the same structure, for Numbers 19:13 speaks of: “the soul of man” and Deuteronomy 12:23 states: “the blood is the soul.”יבדַּם הַמֵּת מְטַמֵּא כַּמֵּת בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל, שֶׁנֶּאֱמַר "בְּנֶפֶשׁ הָאָדָם", וְנֶאֱמַר "כִּי הַדָּם הוּא הַנָּפֶשׁ".
What is the measure of blood that imparts impurity? A revi’it.61וְכַמָּה שִׁעוּרוֹ? רְבִיעִית.
Even the liquid left after blood coagulates62 imparts impurity when one is under the same structure, as a corpse does, as long as it is red in color.אֲפִלּוּ תַּמְצִית הַדָּם, כָּל זְמַן שֶׁיֵּשׁ בּוֹ אַדְמוּמִית - מְטַמֵּא בָּאֹהֶל כַּמֵּת.
13Blood from a living person, even if it is the blood that flows out when the person is stabbed in the throat, is pure as long as the person is alive.יגדַּם הַחַי, אֲפִלּוּ דַּם נְחִירָה - הֲרֵי זֶה טָהוֹר, כָּל זְמַן שֶׁהוּא חַי.
If the blood which flows from his body at the end, i.e., before his death, becomes mixed with the blood which flows from his body after he died and the entire mixture is a revi’it, and it is not known how much flowed out while he was alive and how much flowed out after his death, even if half a revi‘it flowed out while he was alive and half after his death, this is referred to as “weltering blood.”63 It imparts impurity when it is touched, carried, or when one is under the same structure. This impurity is, however, of Rabbinic origin.נִתְעָרֵב הַדָּם שֶׁיָּצָא מִמֶּנּוּ בָּאַחֲרוֹנָה סָמוּךְ לַמִּיתָה עִם הַדָּם שֶׁיָּצָא מִמֶּנּוּ אַחַר שֶׁמֵּת, וְכָל הַתַּעֲרֹבֶת רְבִיעִית, וְאֵין יָדוּעַ כַּמָּה יָצָא מֵחַיִּים וְכַמָּה יָצָא אַחַר מִיתָה, אֲפִלּוּ חֲצִי רְבִיעִית מֵחַיִּים וְחֶצְיָהּ אַחַר מִיתָה - הֲרֵי זֶה נִקְרָא "דַּם תְּבוּסָה", וּמְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא וּבָאֹהֶל; אֶלָּא שֶׁטֻּמְאָתוֹ מִדִּבְרֵי סוֹפְרִים.
14The following laws apply when the corpse of a person who was slain was lying on a bed. His blood had been dripping from his body while he was alive and descending into a hole. At one point, he died. After he died, the blood continued dripping and descending into that hole. All of the blood is pure. For the drops of blood are nullified one by one, as they become mixed with the blood that flowed from his body during his lifetime.64ידהָרוּג שֶׁהָיָה מוּטָל עַל הַמִּטָּה, וְדָמוֹ מְנַטֵּף כְּשֶׁהוּא חַי וְיוֹרֵד לְגוּמָא, וּמֵת, וַהֲרֵי הַדָּם מְנַטֵּף אַחַר מוֹתוֹ וְיוֹרֵד לְאוֹתָהּ גּוּמָא - הֲרֵי כָּל הַדָּם שֶׁבָּהּ טָהוֹר; שֶׁטִּפָּה טִפָּה רִאשׁוֹנָה רִאשׁוֹנָה בָּטְלָה בְּדָם שֶׁיָּצָא מֵחַיִּים.
If only a revi’it of blood flowed out from the person’s body and there is a doubt whether it all flowed out during the person’s life or afterwards, this is a questionable situation of ritual impurity like other questionable situations. One who touches it in a private domain is impure. In a public domain, he is pure, as will be explained in the appropriate place.65יָצָא מִמֶּנּוּ רְבִיעִית דָּם בִּלְבָד, וְסָפֵק כֻּלָּהּ מֵחַיִּים סָפֵק כֻּלָּהּ לְאַחַר מִיתָה - הֲרֵי זוֹ סְפֵק טֻמְאָה, כִּשְׁאָר הַסְּפֵקוֹת, וְהַנּוֹגֵעַ בָּהּ בִּרְשׁוּת הַיָּחִיד טָמֵא, בִּרְשׁוּת הָרַבִּים טָהוֹר, כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ.
15According to Scriptural Law, as long as the source of impurity66 is in a grave,67 the grave imparts impurity when it is touched or when one is under the same structure, as a corpse does, for Numbers 19:16 mentions touching “a corpse, the bone of a man, or a grave.” A person is impure whether he touches the covering of a grave or its sides, provided it is built and totally enclosed.68 Afterwards, in such a situation, the grave imparts impurity in its entirety when it is touched or when one is under the same structure.טוהַקֶּבֶר, כָּל זְמַן שֶׁהַטֻּמְאָה בְּתוֹכוֹ, מְטַמֵּא בַּמַּגָּע וּבָאֹהֶל כַּמֵּת דִּין תּוֹרָה, שֶׁנֶּאֱמַר "אוֹ בְמֵת אוֹ בְעֶצֶם אָדָם אוֹ בְקָבֶר". וְאֶחָד הַנּוֹגֵעַ בְּגַגּוֹ שֶׁל קֶבֶר אוֹ הַנּוֹגֵעַ בְּכֹתָלָיו. וְהוּא שֶׁיִּהְיֶה בָּנוּי וְסָתוּם, וְאַחַר כָּךְ יִהְיֶה כֻלּוֹ מְטַמֵּא בַּמַּגָּע וּבָאֹהֶל.
If, however, one places keilim, stones,69 or the like at the side of a corpse and covers the corpse with keilim, stones, or the like, the covering that shelters the corpse from above is called a gollel. And the objects at the side that support the gollel and upon which it rests are called a dofek.70אֲבָל הַמַּעֲמִיד כֵּלִים אוֹ אֲבָנִים וְכַיּוֹצֵא בָהֶן בְּצִדֵּי הַמֵּת, וְכִסָּה עָלָיו מִלְמַעְלָה בְּכֵלִים אוֹ בַּאֲבָנִים, וְכַיּוֹצֵא בָהֶן - זֶה הַכִּסּוּי הַמּוּטָל מִלְמַעְלָה נִקְרָא "גּוֹלֵל". וְאֵלּוּ הַצְּדָדִין הַמַּעֲמִידִין אֶת הַגּוֹלֵל שֶׁהוּא נִשְׁעָן עֲלֵיהֶן נִקְרָאִין "דּוֹפֵק".
Both of them, the gollel and the dofek impart impurity when they are touched or when one is under the same structure, as is true with regard to a grave. The impurity they impart is of Rabbinic origin.71 They do not impart impurity when carried.וּשְׁנֵיהֶן, הַגּוֹלֵל אוֹ הַדּוֹפֵק, מְטַמְּאִין בַּמַּגָּע וּבָאֹהֶל כַּקֶּבֶר, וְטֻמְאָתָן מִדִּבְרֵי סוֹפְרִים; וְאֵינָן מְטַמְּאִין בַּמַּשָּׂא.
Accordingly, if one drags a gollel with ropes until it covers a corpse or drags it or pulls it away from being above a corpse, or one dragged a dofek until he positioned the gollel above it or pulled it by ropes from under the dofek, the person is pure.לְפִיכָךְ אִם גָּרַר הַגּוֹלֵל בַּחֲבָלִים עַד שֶׁכִּסָּה בּוֹ אֶת הַמֵּת, אוֹ גְּרָרוֹ אוֹ שְׁמָטוֹ מֵעַל הַמֵּת, אוֹ שֶׁגָּרַר הַדּוֹפֵק עַד שֶׁהֶעֱמִיד עָלָיו הַגּוֹלֵל, אוֹ שְׁמָטוֹ בַּחֲבָלִים מִתַּחַת הַגּוֹלֵל - הֲרֵי זֶה טָהוֹר.
Entities that support the dofek72 are called dofek dofekkim and they are pure.73וּדְבָרִים שֶׁסּוֹמְכִין אֶת הַדּוֹפֵק, וְהֵן הַנִּקְרָאִין "דּוֹפֵק דּוֹפְקִין", הֲרֵי הֵן טְהוֹרִין.
16When a field containing a grave was plowed and the bones of the corpse were lost in its earth,74 this is called a beit hapras.75טזשָׂדֶה שֶׁנֶּחֱרַשׁ בָּהּ קֶבֶר, וְאָבְדוּ עַצְמוֹת הַמֵּת בַּעֲפָרָהּ, הִיא הַנִּקְרֵאת "בֵּית הַפְּרָס".
Its earth imparts impurity when it is touched or carried, for perhaps it contains a bone the size of a barley corn,76 but it does not impart impurity when one is under the same structure.וַעֲפָרָהּ מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא, שֶׁמָּא יֵשׁ בּוֹ עֶצֶם כַּשְּׂעוֹרָה; וְאֵינָהּ מְטַמְּאָה בָּאֹהֶל.
Similarly, the earth in the entire Diaspora imparts impurity when it is touched or carried, because of the possibility of the presence of bones, for they are not careful about burying them.77 The impurity of a beit hapras and the earth of the Diaspora is of Rabbinic origin, as will be explained.78וְכֵן כָּל אַרְצוֹת הָעַמִּים - עֲפָרָן מְטַמֵּא בַּמַּגָּע וּבַמַּשָּׂא, מִפְּנֵי הָעֲצָמוֹת שֶׁאֵין נִזְהָרִין בָּהֶן. וְטֻמְאַת בֵּית הַפְּרָס וְאֶרֶץ הָעַמִּים מִדִּבְרֵי סוֹפְרִים, כְּמוֹ שֶׁיִּתְבָּאֵר.
Footnotes for Temurah - Chapter 4
1.

I.e., it is not necessary to wait until they become blemished and then have them redeemed. Instead, they themselves should be offered as peace-offerings, according to all the relevant laws.

2.

The forty loaves that are brought together with a thanksgiving-offering (see Hilchot Ma’aseh HaKorbanot 9:17-19).

3.

Chapter 3, Halachah 1; Hilchot Pesulei HaMukdashim 12:8.

4.

The fact that the consecrated animals were left unsacrificed for enough time for them to produce offspring and for their offspring to produce offspring. Why would he desire to do this? So that the sacrificial animal would produce other sacrificial animals for him to offer. In the interim, however, he would be transgressing the commandment (see Hilchot Ma’aseh HaKorbanot 14:13) against delaying the offering of sacrifices [the Rambam’s Commentary to the Mishnah (Temurah 3:1)].
In the original text of the Rambam’s Commentary to the Mishnah (Temurah 3:1, preserved in the standard version of that text), he ruled that even the offspring of the offspring of a peace-offering should be brought as a sacrifice. In his revision of his text (as presented by Rav Kapach in his translation), the Rambam changed his mind and ruled as above.

5.

As evident from Hilchot Pesulei HaMukdashim 4:6, this refers to the offspring of an animal consecrated as a sin-offering that became pregnant after the mother was consecrated for that purpose. If the mother was consecrated while pregnant, the animal is not consigned to death.

6.

For even an animal to which the holiness of a sin-offering is transferred is consigned to death.

7.

As explained in ibid. 4:1, the intent is not that “one should kill them with a utensil or by hand. Instead, they should be brought into a room, locked inside, [and left] until they die.”

8.

We are speaking about a sheep or a goat whose ordinary period of gestation is five months. Since the fetus has not completed a full term pregnancy, it is still considered as a limb of the mother and permitted to be eaten because of its mother’s slaughter. Implied, however, is that if the animal had been carried for a full term pregnancy, this leniency would not be granted.

9.

Even ritual slaughter is not necessary, as stated in Hilchot Shechitah 5:14.

10.

I.e., it must be eaten in the Temple Courtyard, by males of the priestly family, on the day the mother was offered and on the following night.

11.

See Hilchot Ma’aseh HaKorbanot 1:19.

12.

I.e., the money is used to buy animals that are offered as burnt-offerings at a time when the altar is not being used. See the following halachah.

13.

I.e., there is no need to wait until it is blemished and have it redeemed and then purchase another animal. The only reason that it is required to pasture until it becomes blemished is because we are afraid that if it were to be offered it would be offered as a guilt-offering instead of the animal originally selected. Once that offering has been brought, there is no reason why it should not be offered itself (Temurah 20b).
The Ra’avad objects to this ruling, noting that the offspring of an animal consecrated as a burnt-offering is not offered as a burnt-offering and asks why this instance should be any different. The Kessef Mishneh and Rav Yosef Corcus distinguish between the two explaining that when one consecrates a female as a burnt offering, the animal that was consecrated is not fit to be offered (for burnt-offerings are brought only from males). Hence, its offspring should also not be offered. This same logic applies with regard to the offspring of a female set aside as a guilt-offering (as stated in the following clause). In this instance, by contrast, the animal consecrated as a guilt-offering could have been offered. The offspring came from the animal to which its holiness was transferred. Since the animal originally set aside could have been offered, the offspring in question can also be offered.

14.

Guilt-offerings may be brought only from males.

15.

A ram is more valuable than a ewe and it is likely that both animals would have to be sold to purchase it.

16.

For, as stated above, an animal (as opposed to a fowl) may be offered as a burnt-offering only if it is male.

17.

Temurah 17b derives this concept from the exegesis of Deuteronomy 12:26-27. As stated above, this does not represent a contradiction to rulings regarding similar animals, because in this instance, the animal that was originally consecrated could be offered as a sacrifice.
In Halachah 1, it was stated that the offspring of the offspring of an animal to which the holiness of a peace-offering was transferred should not be offered as a sacrifice as a safeguard, lest the person raise herds of sacrificial animals and benefit from their meat when offering them. The Sages did not institute such a safeguard in this instance, because here we are speaking of animals consecrated as burnt-offerings. They are consumed entirely by the altar’s pyre and the person does not derive any material benefit from bringing them (Lechem Mishneh).

18.

The offspring itself should not be offered as a sacrifice, because in this instance, the animal that was originally consecrated could not be offered as a sacrifice.

19.

Hilchot Ma’aseh HaKorbanot 3:7; see also Hilchot Shekalim 2:3; 3:14.

20.

Ibid. 2:2.

21.

The wine, oil, and meal brought to accompany a burnt-offering, as described in Hilchot Ma'aseh HaKorbanot, ch. 2.

22.

Laying one’s hands on the sacrificial animal, as described in ibid. 9:6-7.
Once the person places the money in the chest for the freewill offering, it is no longer considered as his personal property, but as the property of the community. Hence, he is not the owner of the sacrifices and may not perform semichah on them. For that same reason, the community brings the accompanying offerings.

23.

Because it is considered as his personal sacrifice.

24.

For even an animal to which the holiness of a tithe offering itself was transferred is not offered, as stated in Chapter 3, Halachah 1.

25.

See Hilchot Becharot 1:3; 6:4.

26.

The Rambam does not mention the offspring of the firstborn, because only males are consecrated as firstborn offerings. That factor also explains why the offspring of an animal to which the holiness of a firstborn is transferred is not offered. Since there is no precedent for the offspring of such an animal being offered, we do not offer the offspring of the animal to which its holiness was transferred.

27.

For the firstborn animal is the property of a priest, not of the owner of its mother. See Chapter 3, Halachah 2, and notes.

28.

Which could be a female.

29.

See Chapter 3, Halachah 1; see also Hilchot Karban Pesach 4:4,6.

30.

Because the transfer of holiness was performed after noon.

31.

Because the transfer of holiness was performed before noon.

32.

An error, for the Paschal sacrifice may only be a male.

33.

One might think that the mother and the offspring themselves should be brought as peace-offerings, for an animal consecrated as a Paschal sacrifice at any other time of year should be brought as a peace-offering. Nevertheless, since at the time this animal was consecrated, it was inherently unfit to be sacrificed, it is never sacrificed itself (Kiryat Sefer). See also the commentary to Hilchot Karban Pesach 4:4.

34.

An animal whose gender is masked by a wall of flesh.

35.

An animal with both male and female genital organs.

36.

An animal that will die within a twelve month period. Although a sacrificial animal that is tereifah should not be redeemed (Hilchot Issurei Mizbeiach 2:10), it is possible to differentiate between an animal that was deemed a tereifah after it was consecrated and one that was born as a tereifah (Or Sameiach).

37.

They can be redeemed immediately; there is no need to wait until they contract a disqualifying blemish, for they are unfit for sacrifice in their present state. Although these offspring are unfit for sacrifice, since they are born from consecrated animals, the value of the offspring is consecrated and should be used to purchase offerings.

38.

This is speaking about an animal that was unblemished (or possessing only a temporary blemish) when it was consecrated. Hence, its actual physical person was consecrated and a fetus which it conceives becomes consecrated. If, however, it was blemished at the time it was originally consecrated, only its worth is consecrated and a fetus that it conceives is not (Hilchot Issurei Mizbeiach 1:11).

39.

Even though its mother is not fit to be sacrificed, the offspring may be sacrificed.

40.

Even though the fetus is not seen, we follow the principle: “There will not be a placenta if there is no fetus” (Rashi, Temurah 33a) and we assume that there was a fetus and some of its substance was absorbed by the placenta.

41.

Because the offspring is considered as a consecrated animal in its own right.

42.

The first clause speaks about attempting to change the designation of an animal for sacrifice, e.g., he says concerning a burnt-offering, “This is a peace-offering.” The second clause involves changes the designation of other consecrated articles.

43.

Sefer HaMitzvot (negative commandment 107) and Sefer HaChinuch (mitzvah 356) consider this prohibition as one of the 613 mitzvot of the Torah.

44.

If a person endeavors to transfer the holiness of an animal in this manner, his actions are not effective and it remains consecrated for the original purpose (Sefer HaMitzvot, op. cit.).

45.

The Sifri notes that the words before the portion of the verse cited as the prooftext are “to God in the animal.” This could be interpreted as implying that the prohibition applies to any animal consecrated unto God.

46.

The Ra’avad differs on this point and maintains that the prohibition applies only to animals consecrated as sacrifices. In that instance, there is a difference whether the animal was consecrated for one sacrifice or another, because each of the sacrifices is bound by distinct rules. With regard to articles consecrated for different purposes in the Temple, by contrast, their fundamental status and the laws applying to them are the same. Therefore, there is no reason why one cannot change them from one purpose to another.
The Kessef Mishneh explains that perhaps the Rambam’s words could be interpreted as meaning that one cannot change an article consecrated for a purpose of a higher level of holiness to one involving a lower level. One may, he maintains, change from a lower purpose to a higher one. Rav Yosef Corcus does not, however, accept this interpretation of the Rambam’s words.

47.

The Kessef Mishneh (and the Sefer HaChinuch, loc. cit.) states that one is not liable for lashes because a deed is not involved, (for speech is not considered as a deed). Rashi (Temurah 32a) explains that he is not liable, because his attempt at changing the purpose for which the article was originally consecrated was not effective and its original purpose remained.

48.

In his Commentary to the Mishnah (Temurah 5:1), the Rambam emphasizes that it is permitted to employ such a technique. Doing so is not considered as deceiving God.

49.

A firstborn animal is inherently holy and must be offered as a sacrifice. However, it may not be offered immediately and is eaten by the priests. Hence, a person may desire to save himself the difficulty of caring for the animal.

50.

I.e., it acquires the holiness of a firstborn animal only when it is born (see the following halachah). Hence, before then, one may consecrate it for another purpose.

51.

A burnt-offering is offered on the altar entirely. Major portions of a peace-offering, by contrast, are given to the owner of the sacrifice to eat together with the members of his household.

52.

Before the animal gave birth with the intent that his words take effect when the animal gives birth.

53.

Once the majority of its head emerges, it is considered to have been born. See Hilchot Bikkurim 11:15 where this concept is applied in another context. The question is thus: At the time it emerges from the womb, it can be consecrated for either of two purposes: as a burnt-offering, as desired by the owner or as a firstborn, as it would be had no statement been made. There is room to say that since a burnt-offering has a higher level of holiness - as evidenced by the fact that it is consumed entirely on the altar - the consecration for that purpose should prevail.

54.

Temurah 25a explains the rationale: “When the words of the student (the person desiring to consecrate the animal) are weighed against the words of the Master (God Who ordained that the firstborn should be consecrated as a firstborn offering), Whose words should be heeded?”

55.

Halachah 3 above.

56.

As stated in Halachah 12 and in Hilchot Bechorot 2:14.

57.

Berachot 33b records a difference of opinion which revolves around the issue of whether the mitzvot of the Torah are decrees to be followed without concern for their rationales or whether they are motivated by reasons that can be understood intellectually. In his Guide to the Perplexed, Vol. III, chs. 46-48, the Rambam explains that he follows the approach which maintains that there are motivating rationales for all of the Torah’s decrees.
The commentaries have noted that in Hilchot Tefilah 9:7 and in his Commentary to the Mishnah (Berachot 5:3) the Rambam follows the other approach. From the statements here, it can be explained that the Rambam does not see the two approaches as mutually exclusive. God’s statutes are expressions of His will and must be observed regardless of whether or not we understand them. Nevertheless, as His will is filtered through the medium of intellect, we can appreciate motivating rationales. These we should seek to understand and use as tools to enhance our characters.

58.

Eruvin 21b; Bamidbar Rabbah, the beginning of Parshat Chukat.

59.

This expression indicates a concept which the Rambam derived through a process of deduction without relying on an explicit statement in a prior Rabbinic source.

60.

Because an animal consecrated as a sacrifice that it not blemished may not be redeemed (Hilchot Issurei Mizbeiach 2:6; 3:10).

61.

Rav Yosef Corcus and others object to the wording “nothing other.” They agree that all of the Torah’s laws and ordinance will lead to the refinement of a person’s character and guide him in a path of ethical perfection. Nevertheless, they explain, this is not the ultimate purpose of the Torah and its mitzvot. We fulfill the Torah out of obedience to God’s will for reasons that only He knows. Nonetheless, as a by-product of our observance, our personalities are enhanced and shaped by God’s will.

64.

The bracketed additions and the interpretation of the verse are based on the glosses, Metzudot David and Metzudot Tzion.

Footnotes for Tum'at Met - Chapter 1
1.

As will be explained in Hilchot Parah Adumah, there is an entire process which an impure person must undergo to regain ritual impurity. Nevertheless, this process cannot be completed without him abiding in impurity for at least seven days.
At present, we do not have the ashes of the Red Heifer with which to purify ourselves from the ritual impurity associated with a human corpse. Hence, we are all considered as ritually impure. Nevertheless, the laws that follow are still applicable with regard to a priest. For, as stated in Hilchot Evel, ch. 3, a priest is forbidden to contract the ritually impurity imparted by a human corpse. Even though he is ritually impure, he may not enter situations which would cause him to contract such impurity. Hence all of the laws to be mentioned are relevant in that context.

2.

Our translation is an oversimplification. See Halachah 11 for details.

3.

Sefer HaMitzvot (positive commandment 107) and Sefer HaChinuch (mitzvah 398) include the observance of the laws of ritual impurity imparted by a human corpse as one of 613 mitzvot. Ramban differs and maintains that this should not be considered as a mitzvah.

4.

I.e., a fortiori reasoning. This deductive process, called kal vechomer in Hebrew, is one of the Thirteen Principles of Biblical Exegesis taught by Rabbi Yishmael (the beginning of the Sifri, repeated every day before the morning prayers).

5.

I.e., if the person immerses himself in a mikveh on the day he contracts this impurity, he regains ritual purity at nightfall on that day.

6.

See Hilchot Sha’ar Avot HaTum’ah 1:1; 10:1.

7.

Generally, the Rambam considers laws derived through the Thirteen Principles of Biblical Exegesis as midvrei sofrim, a term which means “from the words of the Rabbis,” i.e., apparently of human, and not Divine, origin. This categorization also affects the flexibility granted in the observance of the law. When there is a question concerning a law of Scriptural origin, we rule stringently, while if a law is of Rabbinic origin, we rule leniently. Moreover, there is a general principle that punishment is not given for prohibitions derived through the logic. Thus, seemingly, one would not be liable for punishment for violations concerning impurity contracted through carrying a human corpse.
For this reason, the Rambam emphasizes that the status of the impurity incurred by carrying a corpse is that of Scriptural Law. The Kessef Mishneh explains that the Oral Tradition conveys this concept and the kal vechomer is merely an allusion (asmachta). (It must be emphasized that the Rambam’s principle - that laws derived through Biblical exegesis are considered of Rabbinic origin - is not accepted by all authorities. Many maintain that since such laws can be derived from the Bible through accepted techniques, it is considered as if they were stated explicitly and they are considered of Scriptural origin. See the explanations of this concept with regard to the Rambam’s statement that the consecration of a woman with money is of Rabbinic origin in Hilchot Ishut 1:2.)

8.

This expression indicates a concept which the Rambam derived through a process of deduction without relying on an explicit statement in a prior Rabbinic source.

9.

The prohibition is derived through an inference from a lesser matter to a more severe one, i.e., if the daughter of one’s daughter is forbidden, how much more so should one’s daughter be forbidden.
When mentioning the list of forbidden intimate relations (Leviticus, ch. 18), the Torah does not mention a prohibition against relations with one’s daughter. In Hilchot Issurei Bi’ah 2:6, the Rambam writes—as he writes here—that although the prohibition against relations with one’s daughter is derived through Biblical exegesis, it is considered of Scriptural origin. Indeed, it is even considered as one of the 613 mitzvot of the Torah.

10.

The Torah mentions the prohibition against cooking meat in milk three times. Our Sages explain that in addition to the prohibition against cooking such a mixture, there is a prohibition against partaking of such food and, indeed, consider the prohibition against partaking of the food a mitzvah of Scriptural origin (Hilchot Ma'achalot Assurot 9:2). Thus although the prohibition is not stated explicitly, but derived through exegesis, it is considered as if it were stated explicitly.

11.

As will be described in this volume, there are several objects — e.g., the corpse of a dead animal or lizard — that cause a person to incur ritual impurity.

12.

And not a covering over it. As will be explained (see Halachah 7), however, even though a person does not come in direct contact with a corpse, he may become impure because of other reasons, e.g., he moved it without touching it directly.

13.

The tongue is singled out in this manner because — unlike the other limbs — it is naturally enclosed within a person’s mouth. Nevertheless, since it is often exposed, it is not considered as part of one’s inner body (Kiddushin 25a). Note, however, Hilchot Parah Adumah 12:1 that explains that this applies only with regard to contracting ritual impurity. With regard to purification, the tongue is considered as part of the inner body.

14.

I.e., parts of the body that would not usually be considered as “flesh.” Ohalot 3:3 (quoted in Chapter 3, Halachah 13) states that touching teeth or hair that is attached to a corpse causes one to incur ritual impurity. The Rambam deduces that if these are considered as parts of the body of a corpse, they may also be considered as parts of a living body. Although the teeth are covered by one’s mouth, since they are revealed when one opens his mouth, they are not considered as “inner organs” (Kiryat Sefer).

15.

Although it was swallowed and thus did touch the inner parts of his body.

16.

He may, however, become impure for carrying the source of impurity. See Halachah 8.

17.

The Rambam is interpreting the term kishut found in Mikvaot 9:4. The Ra’avad offers a different interpretation of the term.

18.

Because it is ultimately shed (Kessef Mishneh).

19.

The hair on his head, by contrast, is considered as part of his body and contact with it causes him to incur impurity.

20.

As will be explained, a person who immerses himself in a mikveh may not have substances intervening between his flesh and the water. The substances mentioned above are not considered significant enough to be considered as intervening substances. Nevertheless, if a source of impurity touches them, it is not considered to have touched the person’s body and he remains pure.

21.

If an impure person touches others with these substances.

22.

If a source of impurity touches these substances, but not the person’s body.

23.

This Hebrew word, the plural of k’li, is a general term used to refer to an article that is used for a specific purpose. It refers to containers, garments, furniture, cooking utensils, tools, weapons, containers, and many other types of useful articles. As will be explained, there are certain distinctions between containers and other articles referred to as keilim. Therefore, at times, we will translate k’li as “container,” at times, as “implement,” and, at times, we will use the Hebrew term.

24.

Whether on the inside or on the outside.

25.

Hilchot Keilim 13:1.

26.

An av tum’ah. This statement is true according to Scriptural Law. Nevertheless, it does not appear in the manuscript copies of the Mishneh Torah and the commentaries consider it to be a later addition. For that reason, we have enclosed it in brackets. See also Hilchot Sha’ar Avot HaTum’ah, ch. 7, which explains that, according to Rabbinic decrees, both persons and keilim can contract impurity from derivatives of impurity.

27.

The commentaries explain that according to the Rambam, a person contracts impurity for carrying an article because of its presence on his person, even if he did not move his body or the article at all. See the Rambam’s Commentary to the Mishnah (Zavim 5:3).

28.

Which never becomes impure. In his Commentary to the Mishnah (Keilim 1:2), the Rambam writes that even if there are 1000 intervening substances between the person and the source of impurity, if he is holding the containers that hold the source of impurity; he becomes impure.

29.

Even when one does not lift it.

30.

I.e., in one of his inner organs which are not exposed.

31.

As stated in Halachah 3.

32.

In which case it is considered as part of the person and not as an independent entity. See Chapter 20, Halachot 1-2.

33.

Similarly, food or drink do not contract ritual impurity in such a situation [the Rambam’s Commentary to the Mishnah (loc. cit.), based on the Sifra to Leviticus 11:28].

34.

Keilim 1:4 states that because the impurity associated with a human corpse imparts impurity to a building, it is the most severe type of impurity for which no parallel exists.

35.

The Sifri derives this concept from the exegesis of Numbers 19:14 “Anyone who enters the tent... shall become impure.” Kol, the term translated as “anyone,” can also mean “anything.” Implied is that inserting any part of one’s body causes the entire body to be considered as impure.

36.

The Kessef Mishneh questions the Rambam’s intent in the use of this term: Must he do more than touch the lintel? And if so, what must he do to “join his hand to the lintel”? Or is the wording explaining the rationale for the law: he is impure because by touching the lintel, he is considered to have joined his hand to it?

37.

I.e., even a portion of the doorframe that projects outward from the doorway. Our Sages decreed that the person should be impure for touching this portion as a safeguard to prevent a person from touching the portion under the lintel (Rambam LeAm).

38.

For this portion is considered as part of the earth and not part of the building (Kessef Mishneh).

39.

For touching the house in which a human corpse is located is considered like touching a grave (ibid.; see Chapter 2, Halachah 15).

40.

Although the Rambam’s perspective is accepted by most halachic authorities, there are some who maintain that a gentile corpse does not convey impurity at all (Yereim, et al).

41.

Tosafot, Yevamot 61a, differs and maintains that a gentile’s corpse can impart this type of impurity as well. The Shulchan Aruch, Yoreh De’ah 372:2, states that it is proper for a priest to be stringent and not to walk over the graves of gentiles. The Rama mentions the Rambam’s view, but agrees that it is proper to follow the more stringent approach.

42.

In his Commentary to the Mishnah (the Introduction to the Order of Taharot), the Rambam cites another means of exegesis based on Yevamot, loc. cit. The impurity of ohel is derived from Numbers 19:14: “When a man (adam) dies in a tent....” The term adam refers solely to the Jews as Ezekiel 34:31 states: “You are My flock... You are adam.” Implied is that the term refers to “you” and not to non-Jews. There the Rambam, however, states that this is merely an asmachta, a support. For the law is not derived from exegesis, but rather conveyed by the Oral Tradition.

43.

Even a Jewish corpse.

44.

Although the Rambam uses the term beheimah which refers to domesticated animals, here his intent is any living beast, fish, or fowl. None become ritually impure during their lifetime, as stated in the following halachah.

45.

The term zav refers to a person who experiences a discharge from the male organ that is released because of an internal sickness that affects the organs of the body (Hilchot Mechusrei Kapparah 2:1). As stated in Hilchot Metamei Mishkav UMoshav, ch. 1, such discharges render a male ritually impure.
According to Scriptural Law, even if a gentile has such a physical condition, he does not impart such impurity. Nevertheless, as a safeguard lest a gentile man seek intimacy with a Jewish child, our Sages placed all gentile men in this category (Rashi, Nidah 34a).

46.

After certain animals die, however, their carcasses do impart ritual impurity.

47.

I.e., this refers to Scriptural Law and with regard to other forms of impurity besides the impurity resulting from a human corpse.

48.

A term which could be interpreted as an exclusion, applying only to an adult.

49.

This collective term also includes minors.

50.

This also applies to a child born in the seventh month, because such an infant may also live.

51.

The term quoted by the Rambam is taken from Shabbat 135a. The implication is that an infant born in the eighth month will certainly die. Therefore, even while alive, it is considered as if it had already died with regard to certain contexts. (It must be emphasized that today, efforts are made to save all infants, even those born in the eighth month and in many instances, the doctors have been successful in enabling such infants to live.)

52.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Ohalot 1:7).

53.

The gullet and the windpipe. For ritual slaughter to be effective, these two organs must be slit.

54.

Although he has no hope of living, until he is actually dead, he does not impart ritual impurity (ibid.).

55.

For in such an instance, the person is no longer alive.

Footnotes for Tum'at Met - Chapter 2
1.

Nevertheless, if Jess than 40 days have passed since conception, it does not convey impurity (Mishneh LeMelech).

2.

“Any” implies an inclusion even of a fetus.

3.

It must be emphasized that, a k’zayit, an olive-sized measure cannot be determined by measuring an average olive today. Rather, it is dependent on the measure established by the Sages and this is the subject of debate among the authorities. The Pri Chadash (Orach Chayim 486) explains that the Rambam considers an olive as one third the size of an egg (a k’beitzah, another common Talmudic measure). In terms of modem measurements, this conception of an olive-sized measure would be between 19.2 grams according to Shiurei Torah and 33 grams according to Chazon Ish.
Tosaf ot (Chullin 103a) differs, and defines an olive-sized measure as one half the size of an egg (between 25.6 and 36 grams respectively according to the above opinions). With regard to the practical application of the law (halachah lima’aseh), the Shulchan Aruch HaRav (Orach Chayim 486) advises that in all questions of Torah law, Tosafot’s opinion should be followed. However, in questions of Rabbinic law, the more lenient opinion can be relied upon.

4.

Nevertheless, if the flesh has become brittle to the point that it crumbles, it does not impart ritual impurity, as stated in Chapter 3, Halachah 10. Compare to Hilchot Sha’ar Avot HaTum’ah 1:13, Hilchot Tum’at Ochalin 2:18, from which it appears that, in this context, the rulings applying to the impurity of a human corpse are more severe than other forms of impurity.

5.

Our translation follows the version used by the Shabsie Frankel printing of the Mishneh Torah.

6.

In the Sifri Zuta. Although a law conveyed as a halachah to Moses at Sinai does not require a rationale, in this instance, our Sages provided one.

7.

This law is significant with regard to surgical practices today. If a limb or organ is amputated or removed surgically, it cannot be treated as simply a “body part.” Instead, it must be buried with the same respect showed to a corpse.

8.

Even if it is smaller than an olive-sized portion, if it is intact, it imparts ritual impurity.

9.

The implication is that it is unnecessary for the Torah to single out this instance. If it does, it must be doing so to convey a lesson.

10.

I.e., although a verse is cited, the concept is not derived from the exegesis of the verse, but is rather conveyed by the Oral Tradition. The verse is merely an asmachta, “allusion.” See the Rambam’s Introduction to his Commentary to the Mishnah where he explains the meaning of that term.

11.

For a sword could sever a limb from a living person and leave it intact. See another concept derived from this same verse in Chapter 5, Halachah 3.

12.

The Hebrew term eiver, translated above as “limb,” can also have the connotation “organ.”

13.

And they do not cause ritual impurity when severed from a living person, as stated below.

14.

Different laws apply with regard to a bone severed from a corpse as stated in the following halachah.

15.

I.e., in contrast to a bone, even if a large amount of flesh was removed, the limb is still considered as intact.

16.

As stated in Chapter 3, Halachah 2. In his Commentary to the Mishnah (Ohalot 1:9), the Rambam explains that Numbers 19:14, the prooftext that speaks of the ritual impurity associated with ohel, states: “When a man will die in a tent,” implying that this impurity is relevant only when a man’s entire person is present. By extension, our Sages derived that a limb that is intact can be considered as “a man.” This, however, applies only when the limb is intact. Otherwise, it is not considered as “a man” and does not impart impurity in this manner.

17.

We are speaking about a situation where there is less than an olive-sized portion of flesh on the limb. Otherwise, it imparts ritual impurity regardless, because of the flesh, as stated in Halachah 1.

18.

The Ra’avad differs with the Rambam’s ruling, maintaining that such a limb does not cause a person to contract ritual impurity when under the same structure. Moreover, as he states, it appears that the Rambam himself follows that approach in his ruling in Chapter 3, Halachah 2. The Kessef Mishneh justifies the Rambam’s ruling here.

19.

The laws pertaining to such bones are discussed in Halachah 8.

20.

I.e., because it has dried out, it is dislodged from the bone. In such a state, it will not cause flesh to regenerate.

21.

See Chapter 7, Halachah 5.

22.

Thus just as an olive-size portion of flesh would impart ritual impurity, an olive-sized portion of marrow does.

23.

We are speaking about an instance where the flesh and/or limb were dislocated from their natural place in the body and are hanging limply. Though they are not severed, there is no way that they will ever recover their vitality. See the Rambam’s Commentary to the Mishnah (Chulin 9:7).

24.

For the verse that teaches the concept of impurity states: “When one will die,” and in this instance, the person is still alive.

25.

There is no question that as long as the person whose flesh or limbs were hanging limply is alive, they do not impart impurity. The laws here apply when they separate from the person’s corpse after his death. Since they were dislocated during the person’s lifetime, it is considered as if they were already detached. Hence they are considered as limbs that are separated from a living person and not as limbs separated from a corpse.

26.

And do not impart ritual impurity. It is only the limb as entire, intact entity, which imparts impurity. The commentaries question if the intent is that bones or flesh separated from such a limb do not impart impurity at all or that they only impart impurity through touching or being carried, but not through ohel.

27.

As mentioned in Halachot 1 (with regard to flesh) and 7-9 (with regard to bones).

28.

This applies even when there is less than an olive-sized measure of flesh on the limb. Limbs of this size could exist in a fetus or an infant.

29.

These 248 limbs are listed by the Mishnah (Ohalot 1:9). From that listing, we see that the intent in the term limbs is “bones when covered by flesh and sinews,” not entire organs.

30.

Because they are not permanent parts of the body, as stated in Chapter 3, Halachah 13.

31.

The three extra limbs are in the woman’s genital area (see Bechorot 45a). The Kessef Mishneh questions the Rambam’s interpretation of that passage, because seemingly, it does not conform to the standard understanding of the text from which it appears that a woman has 252 limbs.

32.

The impurity imparted when under the same structure is derived from Numbers 19:14: “When a man dies in a tent....” Implied is that the law must apply equally to the corpses of all humans, without distinction between the sexes (Bechorot, loc. cit.).

33.

A person was born with six fingers instead of five.

34.

See the following halachah.

35.

I.e., it grows in a row together with the person’s other fingers.

36.

I.e., it projects out abnormally from another part of the person's hand.

37.

Regardless of its size, even if it is less than an olive-sized portion. Indeed, here we are speaking only of a finger that is smaller than an olive-sized portion. Were it to be that size or larger, a finger from the limb of a corpse would impart ritual impurity according to Scriptural Law.
The above applies to a finger from the limb of a corpse. It is, however, necessary to mention this concept with regard to a finger from the limb of a living being, because in this context, the concept of impurity because of the flesh does not apply.

38.

Terumah and sacrificial meat that contract Scriptural impurity must be burnt. Nevertheless, it is forbidden to burn these substances when they are not impure. Hence, burning such a substance because of Rabbinic impurity would violate Scriptural Law. By making this distinction, the Sages made it clear that the substances should not be burnt if they incur such impurity. Instead, they are left and burnt only after they become Scripturally impure or the time in which they could be eaten passes.

39.

From the Rambam’s Commentary to the Mishnah (Ohalot 2:1), which is replete with references to Biblical prooftexts, it would appear that this concept is Scriptural in origin. This is also apparent from Chapter 3, Halachot 1-2.

40.

I.e., they have not decomposed, as stated in Halachah 11.

41.

Numbers 19:16 states: “Anyone who touches... a corpse, the bones of a man, or a grave.” As long as it is apparent that they are “the bones of a man,” they impart ritual impurity [the Rambam’s Commentary to the Mishnah (loc. cit.)]. Although only one form of impurity is mentioned in the verse, the Sifri uses Biblical exegesis to show that the same law applies to all forms of impurity.

42.

See Hilchot Shechitah 10:2 which states that an animal is considered as treifah if even one of its vertebrae is removed.

43.

And governed by the laws mentioned in Halachah 9.

44.

A Roman coin of the Talmudic era, also minted by Bar Kochba. These coins were one inch in diameter, approximately the size of an American quarter.
This figure is given because Ohalot 2:3 states that the hole must be sufficient to cause the person’s death. As stated in Hilchot Shechitah 10:5, when there is a hole that large in an animal’s skull, it is considered as tereifah.

45.

The commentaries question the Rambam’s ruling that either a skull or a backbone alone can be considered as an entire corpse, for Nazir 52a questions whether that ruling should be followed or whether both together are necessary to be considered as an entire corpse and seemingly, does not resolve the matter. The Kessef Mishneh quotes Rav Yosef Corcus who gives an interpretation of the passage that supports the Rambam’s ruling.

46.

For a man who possesses 248 bones, as stated in the previous halachah.

47.

In the previous halachah.

48.

A kab is comprised of four luggim. A revi'it (fourth) of a log is a commonly used Talmudic measure, comprising 86 cc according to Shiurei Torah and 150 cc according to Chazon Ish. Thus a fourth of a kab would be 344 cc or 600 cc depending on these opinions. The Rambam (and his sources, Ohalot 2:1 and Ediyot 1:7) speak of a fourth of a kab rather than a log, because a kab is also used as a dry measure of volume, while a log is a liquid measure.

49.

As the School of Hillel states in Ediyot 1:7, these bones must come from a single corpse and not from more than one. See Chapter 4, Halachah 1.

50.

The Kessef Mishneh notes that the above mishnayot use the expression: “A fourth [of a kab] from the majority of the number, or the majority of the structure [of the corpse].” The implication is that, in contrast to the ruling here, if the fourth of a kab of bones constitute neither the majority of the number, nor the majority of the structure of the corpse, they do not convey impurity through ohel. He notes, however, that the Rambam’s Commentary to the Mishnah reflects the ruling here and hence, offers a somewhat forced interpretation of the wording of those mishnayot.

51.

See Chapter 3, Halachah 3, and notes which discuss the Rambam’s assertion that this impurity is not of Scriptural origin.

52.

For, as stated in note 16, the impurity is brought about through ohel only when the corpse of”a man” is involved and this amount of bones cannot be considered as “a man.”

53.

This rendition of the verse, though slightly incorrect, is found in the accepted texts of the Mishneh Torah.

54.

As stated in Chapter 3, Halachah 15, although small, this is a minimum measure; a smaller piece of bone does not impart impurity.

55.

See the Rambam’s Introduction to his Commentary on the Mishnah where he explains his approach to this matter.

56.

This represents a change in the Rambam’s thinking. In his Commentary to the Mishnah (the Introduction to the Order of Taharot), he writes that this impurity is a Rabbinic decree. See Nazir 7:2 which states that a Nazirite must shave if he comes into contact with this source of impurity, indicating that this is a point of Scriptural Law.

57.

I.e., a quantity that can be held when two hands are cupped together. This understanding is based on the Rambam’s Commentary to the Mishnah (Keilim 17:12).

58.

This is speaking about an entire corpse that has decomposed. The particular laws applying to this source of impurity are described in Chapter 3, Halachot 4-8.

59.

It is made up of separate elements that cannot be combined together [the Rambam’s Commentary to the Mishnah (Ohalot 2:1)].

60.

See Chapter 3, Halachah 3 and notes, which discuss whether this impurity is of Scriptural or Rabbinic origin.

61.

A fourth of a log, 86 cc according to Shiurei Torah, 150 cc according to Chazon Ish.

62.

As Rashi, Chulin 87b, explains, this is speaking about an instance where blood coagulates and a liquid is left. As long as that liquid has a red tinge, it imparts ritual impurity.

63.

In his Commentary to the Mishnah (Ohalot 2:2), the Rambam states that this name is derived from Ezekiel 16:6: “And you were weltering in your blood.” See Chapter 9, where the term tevusah is used in a related, but not identical context.

64.

According to Scriptural Law, when a substance is mixed with other entities of that substance, it is batel, subsumed to the larger quantity, and considered as if it did not exist. Thus each drop of blood from the corpse becomes batel to the blood that had flowed out from the person’s body while alive and is not considered as an independent entity. See a parallel concept in Hilchot Ma’achalot Assurot 16:28.

65.

Hilchot Sha’ar Avot HaTum’ah 15:8.

66.

If the corpse is disinterred, see Chapter 8, Halachah 5.

67.

And there is an empty space, one handbreadth by one handbreadth, between the corpse and the covering of the grave over it (Ohalot 7:1). Leaving such an empty space creates an ohel and causes the entire structure to impart impurity.

68.

If, however, the structure above the corpse has an opening that is one handbreadth by one handbreadth, the impurity can depart through that opening. Accordingly, the structure is not considered as a grave and touching it does not impart ritual impurity.

69.

The Kessef Mishneh emphasizes that this is referring to keilim that do not usually contract impurity, e.g., keilim made of stone. Otherwise, the fact that they are positioned over the corpse causes them to contract impurity.

70.

In his Commentary to the Mishnah (Ohalot 2:4), the Rambam writes that the substances from which a gollel or dofek are made are not significant. Whether they are from stone, wood, or other substances, they become impure.

71.

This represents a change of position for the Rambam. In his Commentary to the Mishnah (ibid.), he maintains that the impurity is of Scriptural origin and explains how the concept is derived from Numbers 19:16. This idea, based on Chulin 72a, is also cited by the Ra’avad in his gloss to this halachah. The Kessef Mishneh explains that the Rambam considers the verse as merely an asmachta.

72.

E. g., the foundations on which the dofek rests [the Rambam’s Commentary to the Mishnah (loc. cit.)].

73.

Even according to Rabbinic Law.

74.

A field containing a grave was plowed. Afterwards, the corpse was not found. Our Sages fear that small pieces of its bones had been scattered throughout the entire field.

75.

The laws pertaining to a beit hapras are discussed in Chapter 10. In his Commentary to the Mishnah (Ohalot 2:3, 17:1), the Rambam explains that the term pras means “spread out,” referring to the pieces of bone that were spread out and scattered throughout the entire field. See also Hilchot Nizirut 7:6.

76.

See Halachah 10.

77.

In his Commentary to the Mishnah (Ohalot 2:3), the Rambam writes that in the Diaspora, people are not as careful with regard to burial and will bury a corpse anywhere. Accordingly, our Sages feared that perhaps a small portion of a bone would become mixed together with earth. Hence, they decreed that all earth from the Diaspora — even if brought to Eretz Yisrael — conveys ritual impurity. The laws pertaining to such earth are outlined in ch. 11.

78.

Chapter 9, Halachah 12.

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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