ב"ה

Rambam - 3 Chapters a Day

Metamme'ey Mishkav uMoshav - Chapter 13, She'ar Avot haTum'ah - Chapter 1, She'ar Avot haTum'ah - Chapter 2

Show content in:

Metamme'ey Mishkav uMoshav - Chapter 13

1When a priest purifies his keilim for the grape-pressing season and then sets them aside for the following grape-pressing season, it is assumed that their status remains unchanged, for unlearned people will not touch the keilim of a priest when they are in his winepress, because he partakes of pure food. If an Israelite puts away his keilim in a similar manner, by contrast, they are considered impure, unless he says: “Within my heart, there was a resolve to guard against an unlearned person entering the winepress and touching the keilim.”אכֹּהֵן שֶׁטִּהַר כֵּלָיו לְגַת זוֹ, וְהִנִּיחָן לְגַת הַבָּאָה - הֲרֵי אֵלּוּ בְּחֶזְקָתָן; שֶׁאֵין עַמֵּי הָאָרֶץ נוֹגְעִין בְּכֵלִים שֶׁל כֹּהֵן זֶה שֶׁהֵן בְּתוֹךְ גִּתּוֹ, מִפְּנֵי שֶׁהוּא אוֹכֵל טְהָרוֹת. אֲבָל שֶׁל יִשְׂרָאֵל - הֲרֵי אֵלּוּ טְמֵאוֹת, עַד שֶׁיֹּאמַר 'בְּלִבִּי הָיָה לִשְׁמוֹר עַם הָאָרֶץ שֶׁיִּכָּנֵס לַגַּת שֶׁלֹּא יִגַּע בַּכֵּלִים'.
2When a person desires to make wine that is ritually pure while using workers who are unlearned, he must make sure that those who harvest the grapes immerse themselves in a mikveh.1 Similarly, if they were involved in producing oil, he should have those who work in the olive-press immerse themselves.2 He must stand over the workers and have them immerse themselves in his presence, for they are not familiar with the laws of immersion and intervening substances.בהָרוֹצֶה לַעֲשׂוֹת יֵינוֹ בְּטָהֳרָה בְּאֻמָּנִין עַמֵּי הָאָרֶץ, הֲרֵי זֶה מַטְבִּיל אֶת הַבּוֹצְרִים; וְכֵן אִם הָיָה עוֹשֶׂה שֶׁמֶן, מַטְבִּיל אֶת הַבַּדָּדִין. וְצָרִיךְ לַעֲמוֹד עַל הָאֻמָּנִין עַד שֶׁיִּטְבְּלוּ בְּפָנָיו, שֶׁהֲרֵי אֵינָן יוֹדְעִים הִלְכוֹת טְבִילָה וַחֲצִיצָה.
If the workers left the entrance to the olive-press and went outside to defecate behind a fence and returned, they are still considered as ritually pure. How far may they go and still be considered as ritually pure? Until they are hidden from the chavair’s sight. If, however, they go out of his sight, they return to a state of impurity until he has them immerse again and they wait until nightfall.3יָצְאוּ חוּץ לְפֶתַח בֵּית הַבַּד, וְנִפְנוּ אֲחוֹרֵי הַגָּדֵר, וְחָזְרוּ - הֲרֵי אֵלּוּ בְּטָהֳרָתָן. עַד כַּמָּה יַרְחִיקוּ וְהֵן טְהוֹרִין? עַד כְּדֵי שֶׁלֹּא יִסָּתְרוּ מֵעֵינָיו; אֲבָל אִם נִסְתְּרוּ מֵעֵינָיו - חָזְרוּ לְטֻמְאָתָן, עַד שֶׁיַּטְבִּילֵם פַּעַם אַחֶרֶת וְיַעֲרִיב שִׁמְשָׁן.
3When a source of impurity was found in the presence of olive-press workers and grape harvesters, if they say, “We did not touch it,” their word is accepted. This also applies if their children say: “We did not touch the wine or the oil.גהַבַּדָּדִין וְהַבּוֹצְרִים שֶׁנִּמְצֵאת טֻמְאָה לִפְנֵיהֶן, נֶאֱמָנִין לוֹמַר "לֹא נָגַעְנוּ"; וְכֵן בַּתִּינוֹקוֹת שֶׁלָּהֶם.
4The following laws apply when a person purifies olive-press workers, brings them into the vat, and locks it. If there were keilim there that had contracted midras impurity, the entire olive-press is impure, for perhaps they touched those keilim. Even if the chavair saw them previously showing care not to touch those keilim, the olive-press is impure,4 for perhaps they moved them and thus contracted impurity and they think that a person who moves keilim with midras impurity is not impure. For unlearned people are not familiar with the impurity contracted by moving keilim.דהַמְטַהֵר אֶת הַבַּדָּדִין, וְהִכְנִיסָן לְבֵית הַבַּד וְנָעַל עֲלֵיהֶן: אִם הָיוּ שָׁם כֵּלִים שֶׁנִּטְמְאוּ בְּמִדְרָס, הֲרֵי בֵּית הַבַּד כֻּלּוֹ טָמֵא, שֶׁמָּא נָגְעוּ בְּאוֹתָן הַכֵּלִים. וַאֲפִלּוּ רָאָה אוֹתָן מִקֹּדֶם נִזְהָרִין מֵאוֹתָן הַכֵּלִים מִפְּנֵי טֻמְאָתָן - הֲרֵי בֵּית הַבַּד טָמֵא, שֶׁמָּא הֵסִיטוּ וְהֵן מְדַמִּין שֶׁאֵין הַמֵּסִיט טָמֵא, שֶׁאֵין עַמֵּי הָאָרֶץ בְּקִיאִין בְּטֻמְאַת הֶסֵּט.
5When a chavair’s donkey-drivers and porters were loaded with pure foods and they were proceeding in front of him, even if they were more than a mil5 ahead of him, they are pure. The rationale is that they assume that he is watching them. Hence, they are afraid to allow others to touch impurity, for they will say: “He will come now, for he is following after us.” If, however, he tells them: “Go and I will follow you,”6 as soon as they proceed beyond his sight, the foods are impure.ההָיוּ חַמָּרָיו וּפוֹעֲלָיו טוֹעֲנִין טְהָרוֹת, וְעוֹבְרִין לְפָנָיו, אַף עַל פִּי שֶׁהִפְלִיגוּ יוֹתֵר מִמִּיל - הֲרֵי אֵלּוּ טְהוֹרוֹת; מִפְּנֵי שֶׁהֵן בְּחֶזְקַת שֶׁהוּא שׁוֹמְרָן, וְהֵן מְפַחֲדִין לִגַּע וְאוֹמְרִין "עַכְשָׁו יָבוֹא, שֶׁהֲרֵי הוּא יָבוֹא אַחֲרֵינוּ". אֲבָל אִם אָמַר לָהֶם "צְאוּ וַאֲנִי אָבוֹא אַחֲרֵיכֶם" - כֵּיוָן שֶׁנִּתְכַּסּוּ מֵעֵינָיו, הֲרֵי הֵן טְמֵאוֹת.
6The following laws apply when a chavair was wearing a tunic and wrapped in a cloak while proceeding on his way. If he said: “In my heart, I intended to guard the tunic from contracting impurity and I was careful about it, but I diverted my attention from the cloak,” the tunic remains pure, while the cloak is considered impure, because it is possible that an unlearned person touched it.וחָבֵר שֶׁהָיָה לָבוּשׁ בְּחָלוּק וְעָטוּף בְּטַלִּית וּמְהַלֵּךְ, וְאָמַר "בְּלִבִּי הָיָה לִשְׁמוֹר אֶת הֶחָלוּק, וְהָיִיתִי נִזְהָר בּוֹ, וְהִסַּחְתִּי דַּעְתִּי מִן הַטַּלִּית" - הֲרֵי הֶחָלוּק בְּטָהֳרָתוֹ; וְהַטַּלִּית טְמֵאָה, שֶׁמָּא נָגַע בָּהּ עַם הָאָרֶץ.
If there was a basket on his shoulder with a pitchfork in the basket and he said: “In my heart, I intended to guard the basket and to guard the pitchfork from something that would make it a source of impurity, but not from something which disqualifies it,”7 the basket is pure,8 the pitchfork is impure, and all the Terumah in the basket is impure. The rationale is that the impure pitchfork disqualifies the food in the basket.הָיָה סַל עַל כְּתֵפוֹ, וּמַגְרֵפָה בְּתוֹךְ הַסַּל, וְאָמַר "בְּלִבִּי הָיָה לִשְׁמוֹר אֶת הַסַּל וְלִשְׁמוֹר אֶת הַמַּגְרֵפָה מִדָּבָר הַמְטַמְּאָהּ, אֲבָל לֹא מִדָּבָר הַפּוֹסְלָהּ" - הַסַּל טָהוֹר, וְהַמַּגְרֵפָה טְמֵאָה; וְכָל תְּרוּמָה שֶׁבַּסַּל פְּסוּלָה, מִפְּנֵי הַמַּגְרֵפָה טְמֵאָה שֶׁפּוֹסֶלֶת הָאֹכָלִין שֶׁבַּסַּל.
If chavairim were using a barrel while in a state of purity under the assumption that its contents were ordinary food and it was discovered that they were Terumah, even though it is pure, it is forbidden to be eaten, for perhaps it was touched by a person who had immersed in the mikveh that day. Such a person disqualifies Terumah, even though ordinary food he touches is pure, as will be explained. Guarding Terumah is not the same as guarding ordinary food.9 If, however, he states: “In my heart, I intended to guard it from even an entity that will disqualify it,” it is permitted to be eaten. If a person’s Sabbath garments become exchanged with his weekday garments and he wore his Sabbath garments on an ordinary weekday, they become impure, for one does not guard his weekday garments to the same degree as he guards his Sabbath garments.10הָיָה מִשְׁתַּמֵּשׁ מִן הֶחָבִית בְּטָהֳרָה בְּחֶזְקַת שֶׁהִיא חֻלִּין, וְאַחַר כָּךְ נִמְצֵאת תְּרוּמָה, אַף עַל פִּי שֶׁהִיא טְהוֹרָה - הֲרֵי הִיא אֲסוּרָה בַּאֲכִילָה; שֶׁמָּא נָגַע בָּהּ טְבוּל יוֹם, שֶׁהוּא פּוֹסֵל בִּתְרוּמָה וְטָהוֹר בַּחֻלִּין כְּמוֹ שֶׁיִּתְבָּאֵר, וְאֵינוֹ דוֹמֶה מְשַׁמֵּר תְּרוּמָה לִמְשַׁמֵּר חֻלִּין. וְאִם אָמַר "בְּלִבִּי הָיָה לְשָׁמְרָהּ אֲפִלּוּ מִדָּבָר הַפּוֹסְלָהּ", הֲרֵי זוֹ מֻתֶּרֶת בַּאֲכִילָה. נִתְחַלְּפוּ לוֹ כֵּלִים שֶׁל שַׁבָּת בְּכֵלִים שֶׁל חֹל, וּלְבָשָׁן - נִטְמְאוּ, שֶׁאֵינוֹ מְשַׁמֵּר כֵּלִים שֶׁל חֹל כְּכֵלִים שֶׁל שַׁבָּת.
An incident occurred concerning the wives of two chavarim whose clothes became exchanged in the bathhouse. The matter was brought to the attention of the Sages and they ruled that the garments were impure. Even if one’s scarf fell and he asked a chavair to give it to him and he gave it to him, it becomes impure.11 This is a decree, enacted lest an unlearned person give it to him or lest the chavair not guard it, for a person will not guard articles that do not belong to him like he guards his own articles unless the other person notifies him and relies on him.מַעֲשֶׂה בִּשְׁתֵּי נָשִׁים חֲבֵרוֹת שֶׁנִּתְחַלְּפוּ לָהֶן כְּלֵיהֶן בְּבֵית הַמֶּרְחָץ, וּבָא מַעֲשֶׂה לִפְנֵי חֲכָמִים וְטִמְּאוּ הַכֹּל. אֲפִלּוּ נָפְלָה מַעְפַּרְתָּהּ מִמֶּנָּה, וְאָמְרָה לְחָבֵר "תְּנֶהָ לִי", וּנְתָנָהּ לוֹ - נִטְמֵאת; גְּזֵרָה שֶׁמָּא יִתְּנֶנָּה לָהּ עַם הָאָרֶץ, אוֹ שֶׁלֹּא יִהְיֶה הֶחָבֵר מְשַׁמְּרָהּ - שֶׁאֵין אָדָם מְשַׁמֵּר כֵּלִים שֶׁאֵינָן שֶׁלּוֹ כְּכֵלָיו, אֶלָּא אִם כֵּן הוֹדִיעַ שֶׁסָּמַךְ עָלָיו.
7When a chavair dies and leaves pure foods, they are considered as pure. When he leaves keilim, they are impure,12 The rationale is that we suspect that perhaps they became impure and he had the ashes of the red heifer sprinkled on them on the third day of their impurity, and not on the seventh day. Or perhaps he had the ashes sprinkled on them on the seventh day, but did not immerse them. Or perhaps he did not have the ashes sprinkled on them at all.זחָבֵר שֶׁמֵּת, וְהִנִּיחַ טְהָרוֹת - הֲרֵי אֵלּוּ טְהוֹרוֹת. הִנִּיחַ כֵּלִים, הֲרֵי הֵן טְמֵאִים; שֶׁאֲנִי אוֹמֵר: שֶׁמָּא נִטְמְאוּ וְהִזָּה עֲלֵיהֶן בַּשְּׁלִישִׁי וַעֲדַיִן לֹא הִזָּה עֲלֵיהֶן בַּשְּׁבִיעִי, אוֹ שֶׁמָּא הִזָּה עֲלֵיהֶן בַּשְּׁבִיעִי וַעֲדַיִן לֹא הִטְבִּיל, אוֹ שֶׁמָּא לֹא הִזָּה עֲלֵיהֶן (בשביעי) כָּל עִקָּר.
8When one witness tells a person, “Your pure foods have contracted impurity,” and the owner remains silent, his word is accepted and the foods are considered as impure. If he contradicts him and maintains that they did not contract impurity, it is assumed that their status has not changed unless two witnesses testify that they contracted impurity. If a person was working together with a colleague with pure foods or sacrificial offerings and after a while, the colleague found him and told him when he met him: “The pure foods with which I was working with you became impure or the sacrificial offerings that I was offering with you became piggul,13 his word is accepted. If, however, he met him and did not say anything and afterwards met him a second time and he told him the above, his word is not accepted.14 Instead, his sacrifices are assumed to be acceptable and his pure foods are assumed to be pure.חמִי שֶׁאָמַר לוֹ עֵד אֶחָד "נִטְמְאוּ טָהֳרוֹתֶיךָ", וְהַלָּה שׁוֹתֵק - הֲרֵי זֶה נֶאֱמָן, וַהֲרֵי הֵן טְמֵאוֹת; וְאִם הִכְחִישׁוֹ וְאָמַר "לֹא נִטְמְאוּ" - הֲרֵי הֵן בְּחֶזְקָתָן, עַד שֶׁיָּעִידוּ שְׁנַיִם. הָיָה עוֹשֶׂה עִמּוֹ בַּטְּהָרוֹת אוֹ בִּזְבָחִים, וּלְאַחַר זְמַן מְצָאוֹ וְאָמַר לוֹ בְּשָׁעָה שֶׁפָּגַע בּוֹ "טְהָרוֹת שֶׁעָשִׂיתִי עִמְּךָ נִטְמְאוּ, וּזְבָחִים שֶׁעָשִׂיתִי עִמְּךָ נִתְפַּגְּלוּ" - הֲרֵי זֶה נֶאֱמָן; אֲבָל אִם פָּגַע בּוֹ וְלֹא אָמַר לוֹ כְּלוּם, וְאַחַר כָּךְ פָּגַע בּוֹ פַּעַם שְׁנִיָּה וְאָמַר לוֹ - אֵינוֹ נֶאֱמָן, אֶלָּא הֲרֵי זְבָחָיו בְּחֶזְקַת כַּשְׁרוּת וְטָהֳרוֹתָיו בְּחֶזְקַת טָהֳרָה.
Blessed be the Merciful One Who offers assistance.בְּרִיךְ רַחֲמָנָא דְּסַיְּעָן

She'ar Avot haTum'ah - Chapter 1

The Laws of Other Primary Sources of Impurityהִלְכוֹת שְׁאָר אֲבוֹת הַטֻּמְאוֹת
Included in this text are three positive commandments. They comprise the following:יֵשׁ בִּכְלָלָן שָׁלֹשׁ מִצְווֹת עֲשֵׂה, וְזֶה הוּא פְּרָטָן׃
1) the laws of the impurity of an animal carcass;(א) דִּין טֻמְאַת נְבֵלָה;
2) the laws of the impurity of the carcass of a crawling animal;(ב) דִּין טֻמְאַת שֶׁרֶץ;
3) the laws of the impurity of semen. False deities impart impurity like the carcass of a crawling animal. This impurity is a Rabbinic decree.(ג) דִּין טֻמְאַת שִׁכְבַת זֶרַע. וַעֲבוֹדָה זָרָה מְטַמְּאָה כְּשֶׁרֶץ, וְטֻמְאָתָהּ מִדִּבְרֵי סוֹפְרִים.
These mitzvot are explained in the ensuing chapters.וּבֵאוּר מִצְווֹת אֵלּוּ בִּפְרָקִים אֵלּוּ׃
1The carcass of an animal is a primary source of impurity.1 An olive-sized portion of its meat2 imparts impurity to a person and keilim when touched and to an earthenware container when it enters its inner space.3 And it imparts impurity to a person when being carried to the extent that his clothes become impure, as is the law regarding a surface on which one rides that contracted impurity from a zav.4 What is implied? When a person touches the carcass of an animal, he is considered as a primary derivative of impurity. If he touches keilim- even at the same time that he is touching the carcass- they are pure. Similarly, the clothes that he is wearing are pure, for he is a derivative of impurity and a derivative does not impart impurity to keilim.5אהַנְּבֵלָה, אָב מֵאֲבוֹת הַטֻּמְאוֹת; כְּזַיִת מִבְּשָׂרָהּ מְטַמֵּא אָדָם וְכֵלִים בַּמַּגָּע, וּכְלֵי חֶרֶס בָּאֲוִיר, וּמְטַמֵּא אֶת הָאָדָם בַּמַּשָּׂא לְטַמֵּא בְגָדִים, כְּמֶרְכַּב הַזָּב. כֵּיצַד? אָדָם שֶׁנָּגַע בַּנְּבֵלָה - נִטְמָא, וַהֲרֵי הוּא רִאשׁוֹן לַטֻּמְאָה. וְאִם נָגַע בְּכֵלִים, אֲפִלּוּ בִּשְׁעַת מַגָּעוֹ בַּנְּבֵלָה - הֲרֵי הֵן טְהוֹרִין, וְכֵן כֵּלִים שֶׁעָלָיו טְהוֹרִין; לְפִי שֶׁהוּא וָלָד, וְאֵין וָלָד מְטַמֵּא כֵּלִים.
When, by contrast, one carries the carcass of an animal, he imparts impurity to keilim6 while he is carrying it,7 as Leviticus 11:28 states: “One who carries their carcasses must launder8 his garments.” Those garments are considered as primary derivatives of impurity. He does not impart impurity to another person or to earthenware containers even when he is carrying the carcass, as we explained in Hilchot Metamei Mishkav UMoshav.אֲבָל הַנּוֹשֵׂא אֶת הַנְּבֵלָה - מְטַמֵּא כֵלִים בִּשְׁעַת נְשִׂיאָתוֹ, שֶׁנֶּאֱמַר "וְהַנֹּשֵׂא אֶת נִבְלָתָם יְכַבֵּס בְּגָדָיו"; וְאוֹתָן הַבְּגָדִים, רִאשׁוֹן לַטֻּמְאָה. וְאֵינוֹ מְטַמֵּא לֹא אָדָם וְלֹא כְּלֵי חֶרֶס, וַאֲפִלּוּ בִּשְׁעַת נְשִׂיאָתוֹ, כְּמוֹ שֶׁבֵּאַרְנוּ בִּמְטַמְּאֵי מִשְׁכָּב וּמוֹשָׁב.
2These laws apply regarding both the carcasses of a domesticated animal and a wild animal, whether of a species permitted to be eaten or one forbidden to be eaten. If any of these types of animals die, an olive-sized portion of their meat imparts impurity. The ritual slaughter of a kosher domesticated animal or a kosher wild animal purifies it in all circumstances. Even if one slaughtered an ordinary animal in the Temple Courtyard or a consecrated animal outside the Temple Courtyard,9 they are pure. If a disqualifying factor occurs in the process of ritual slaughter, the carcass is considered like that of an animal that died. It imparts impurity when carried,10 as stated in Hilchot Shechitah.11באֶחָד בְּהֵמָה וְחַיָּה, בֵּין הַמֻּתָּרִין בַּאֲכִילָה בֵּין הָאֲסוּרִין - אִם מֵתוּ, כֻּלָּן בְּשָׂרָן מְטַמֵּא בִּכְזַיִת. וּשְׁחִיטַת בְּהֵמָה טְהוֹרָה וְחַיָּה טְהוֹרָה, מְטַהַרְתָּן בְּכָל מָקוֹם. וַאֲפִלּוּ שָׁחַט חֻלִּין בָּעֲזָרָה, וְקָדָשִׁים בַּחוּץ - הֲרֵי אֵלּוּ טְהוֹרִין; וְאִם אֵרַע פְּסוּל בַּשְּׁחִיטָה - הֲרֵי זוֹ נְבֵלָה וּמְטַמְּאָה בַּמַּשָּׂא, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת שְׁחִיטָה.
3Ritual slaughter has no effect on the status of a non-kosher domesticated animal or a non-kosher wild animal. Whether one slaughters such an animal, stabs it in the throat, strangles it, or it dies naturally, it is considered as an animal carcass. Flesh from all carcasses—both from kosher species and from non-kosher species can be combined to reach the minimum measure of an olive-sized portion that imparts ritual impurity.12גבְּהֵמָה טְמֵאָה וְחַיָּה טְמֵאָה, אֵין הַשְּׁחִיטָה מוֹעֶלֶת בָּהּ; וְאֶחָד הַשּׁוֹחֲטָהּ אוֹ הַנּוֹחֲרָהּ אוֹ הַחוֹנְקָהּ אוֹ שֶׁמֵּתָה כְּדַרְכָּהּ - הֲרֵי זוֹ נְבֵלָה. וְכָל הַנְּבֵלוֹת מִצְטָרְפוֹת לְעִנְיַן טֻמְאָה לִכְזַיִת, אֶחָד טְמֵאוֹת וְאֶחָד טְהוֹרוֹת.
4The marrow of a bone is considered like flesh. The blood of an animal carcass does not impart impurity like an animal carcass. Instead, it is considered as an impure liquid which does not impart impurity to a person or to utensils according to Scriptural Law.13דמוֹחַ, הֲרֵי הוּא כְּבָשָׂר. וְדַם הַנְּבֵלָה - אֵינוֹ מְטַמֵּא כִּנְבֵלָה, אֶלָּא הֲרֵי הוּא כְּמַשְׁקִין טְמֵאִים, שֶׁאֵינוֹ מְטַמֵּא לֹא אָדָם וְלֹא כֵלִים מִן הַתּוֹרָה.
5The fat of a kosher animal that died without ritual slaughter is ritually pure, as implied by Leviticus 7:24: “The fat of a domesticated animal14 that died or the fat of a domesticated animal that was torn to death15 may be used for any purpose.”16 The license granted by this verse applies to an entity forbidden only because the animal had died or was torn to death.17 If such fat was made fit to contract impurity due to contact with liquids that convey that status,18 it is considered as impure food19 and not as the meat of a dead animal.החֵלֶב בְּהֵמָה טְהוֹרָה שֶׁמֵּתָה - טָהוֹר, שֶׁנֶּאֱמַר "וְחֵלֶב נְבֵלָה וְחֵלֶב טְרֵפָה יֵעָשֶׂה לְכָל מְלָאכָה וְאָכֹל לֹא תֹאכְלֻהוּ", מִי שֶׁאִסּוּרוֹ מִשּׁוּם נְבֵלָה וּטְרֵפָה. וְאִם הֻכְשַׁר בְּמַשְׁקִין הַמַּכְשִׁירִין - הֲרֵי הוּא כְּאֹכָלִין טְמֵאִים, וְאֵינוֹ כִּבְשַׂר נְבֵלָה.
Nevertheless, when one touches the fat the surrounds the kidney of a kosher domesticated animal that died without ritual slaughter before it was separated from the kidney, he is impure like one who touches the kidney itself. The rationale is that several strands of flesh from the kidney itself extend into the fat.וְהַנּוֹגֵעַ בַּחֵלֶב הַחוֹפֶה אֶת הַכֻּלְיָה קֹדֶם הַפְרָשָׁה - הֲרֵי זֶה טָמֵא, כַּנּוֹגֵעַ בַּכֻּלְיָה עַצְמָהּ; שֶׁהֲרֵי כַּמָּה חוּטִין נִמְשָׁכִין מִמֶּנָּה בַּחֵלֶב.
With regard to a non-kosher domesticated animal and a wild animal, whether kosher or non-kosher, the same laws apply to both its meat and its fat with regard to ritual impurity. An olive-sized portion imparts impurity to a person and to keilim like the meat of a dead animal.אֲבָל בְּהֵמָה טְמֵאָה, וְהַחַיָּה בֵּין טְמֵאָה בֵּין טְהוֹרָה - אֶחָד בְּשָׂרָהּ וְאֶחָד חֶלְבָּהּ לַטֻּמְאָה, וּמְטַמֵּא אָדָם וְכֵלִים בִּכְזַיִת כִּבְשַׂר הַנְּבֵלָה.
6The fat of a ko’i20 imparts impurity like its meat does, but this impurity is of doubtful status.21 Therefore terumah and sacrificial foods are not burnt22 because of it, nor is one liable for karet for entering the
Temple or partaking of sacrificial foods after touching it.23
והַכּוֹי - חֶלְבּוֹ מְטַמֵּא כִּבְשָׂרוֹ, וְטֻמְאָתוֹ בְּסָפֵק. לְפִיכָךְ אֵין שׂוֹרְפִין עָלָיו תְּרוּמָה וְקָדָשִׁים, וְאֵין חַיָּבִין כָּרֵת עַל טֻמְאָתוֹ (ו)עַל בִּיאַת הַמִּקְדָּשׁ, אוֹ עַל אֲכִילַת קֳדָשָׁיו.
7These are the parts of a carcass that do not impart impurity:24 the bones, the horns, and the hoofs; this includes even their soft portions that if cut off from a living animal would cause bleeding, the hide, even if has not been processed to use for other purposes, the pieces of flesh that remain attached to the hide when an animal is skinned,25 the sinews,26 sauce, and spices cooked with such meat.זוְאֵלּוּ דְּבָרִים שֶׁאֵין מְטַמְּאִין מִן הַנְּבֵלוֹת׃ הָעֲצָמוֹת; וְהַקְּרָנַיִם וְהַטְּלָפַיִם, אֲפִלּוּ עִקָּרָן הָרַךְ שֶׁאִם יֵחָתֵךְ מִן הַחַי יוֹצֵא דָּם; וְהָעוֹר, אַף עַל פִּי שֶׁאֵינוֹ מְעֻבָּד; וְהָאֲלַל, וְהַגִּידִים, וְהַמָּרָק וְהַתְּבָלִין שֶׁמִּתְבַּשְּׁלִין עִמָּהּ.
When does the above apply? When they were separated from an animal’s carcass. If, however, one touches any of these entities while they are still attached to the meat of a carcass, he contracts impurity,27 provided there is an olive-sized portion of meat.28 For none of these can be included as part of that required olive-sized portion.בַּמֶּה דְּבָרִים אֲמוּרִים? בִּזְמַן שֶׁפֵּרְשׁוּ מִן הַנְּבֵלָה. אֲבָל הַנּוֹגֵעַ בְּאֶחָד מִכָּל אֵלּוּ כְּשֶׁהֵן מְחֻבָּרִין בַּבָּשָׂר, הֲרֵי זֶה טָמֵא; וְהוּא, שֶׁיִּהְיֶה בַּבָּשָׂר כְּזַיִת - שֶׁאֵין אֶחָד מִכָּל אֵלּוּ מִצְטָרֵף לִכְזַיִת.
8The pieces of flesh that remain attached to the hide when an animal is skinned whether separated by a wild beast29 or by a knife30 should not be considered as part of an olive-sized portion.31 If the different pieces of flesh were collected and they comprised an olive-sized portion, they impart impurity.32חהָאֲלַל, בֵּין שֶׁפְּלָטַתּוּ חַיָּה בֵּין שֶׁפְּלָטַתּוּ סַכִּין - אֵינוֹ מִצְטָרֵף לִכְזַיִת; וְאִם כְּנָסוֹ וְהָיָה בוֹ כְּזַיִת - מְטַמֵּא.
9These are the parts of animals for which the hide is considered as their meat:33 the hide of a domesticated pig,34 the soft hide of a camel hump, the skin of the genital area, the skin of a fetus, and the skin below the fat-tail.35 Such portions of an animal carcass impart impurity.36 If one processed them or trod upon them to the extent necessary to process them, they are pure.37 If one performed a deed that negated their use as meat, they are pure even though he did not trod upon them to the extent necessary to process them.טוְאֵלּוּ בְּהֵמוֹת שֶׁעוֹרוֹתֵיהֶן כִּבְשָׂרָן׃ עוֹר חֲזִיר שֶׁל יִשּׁוּב, וְעוֹר חֲטוֹטֶרֶת הַגָּמָל הָרַכָּה, וְעוֹר בֵּית הַבֹּשֶׁת, וְעוֹר הַשְּׁלִיל, וְעוֹר שֶׁתַּחַת הָאַלְיָה - הֲרֵי אֵלּוּ מְטַמְּאִין מִן הַנְּבֵלָה. וְאִם עִבְּדָן, אוֹ הִלֵּךְ בָּהֶן כְּדֵי עֲבוֹדָה - הֲרֵי אֵלּוּ טְהוֹרִין. וְאִם עָשָׂה בָּהֶן מַעֲשֶׂה שֶׁבִּטְּלָן - טְהוֹרִין, אַף עַל פִּי שֶׁלֹּא הִלֵּךְ בָּהֶן כְּדֵי עֲבוֹדָה.
What is implied? If one used the ear of a donkey as the handle for his basket, it is pure. For how long must one tread on a hide in order to process it? For as long as it takes to walk four millin.38 What is meant by a soft camel hump? One that was never used for a burden. If a camel reached the age when it was fit to carry burdens, but one did not use it for that purpose or one used it for that purpose before it reached the appropriate age, it is questionable whether its status changes.כֵּיצַד? אֹזֶן חֲמוֹר שֶׁטְּלָאָהּ לִכְפִיפָתוֹ, טְהוֹרָה. כַּמָּה הוּא כְּדֵי עֲבוֹדָה? אַרְבָּעָה מִילִין. וְאֵי זוֹ הִיא חֲטוֹטֶרֶת רַכָּה? כָּל זְמַן שֶׁלֹּא טְעָנָהּ; הִגִּיעַ זְמַנָּהּ לִטְעוֹן וְלֹא טְעָנָהּ, אוֹ שֶׁטְּעָנָהּ קֹדֶם שֶׁיַּגִּיעַ זְמַנָּהּ - הֲרֵי זֶה סָפֵק.
10The following laws apply when one skins the carcass of a domesticated or a wild animal, whether from a kosher species or a non-kosher one, whether it is a small animal39 or a large animal.40 If he skins it to use as a mat,41 as soon as he skins a portion of the hide sufficient to hold onto,42 i.e., two handbreadths,43 one who touches the hide that was skinned is pure. Before it is skinned two handbreadths, one who touches the hide is like one who touches meat.44 If one skins the animal in order to use its hide for a flask,45 the hide is considered as connected to the carcass46 until one skins the entire breast.יהַמַּפְשִׁיט נִבְלַת בְּהֵמָה אוֹ חַיָּה, בֵּין טְמֵאָה בֵּין טְהוֹרָה, בֵּין דַּקָּה בֵּין גַּסָּה: אִם לִשְׁטִיחָה הִפְשִׁיט, כֵּיוָן שֶׁהִפְשִׁיט מִן הָעוֹר כְּדֵי אֲחִיזָה וְהוּא שְׁנֵי טְפָחִים, הַנּוֹגֵעַ בָּעוֹר זֶה שֶׁהֻפְשַׁט טָהוֹר; וְעַד שֶׁלֹּא הִפְשִׁיט שְׁנֵי טְפָחִים, הַנּוֹגֵעַ בָּעוֹר כַּנּוֹגֵעַ בַּבָּשָׂר. הִפְשִׁיטָהּ כְּדֵי לַעֲשׂוֹת מִן הָעוֹר חֵמֶת - הֲרֵי הָעוֹר חִבּוּר, עַד שֶׁיַּפְשִׁיט אֶת כָּל הֶחָזֶה.
If one skins an animal from its feet alone,47 the entire hide is considered as connected. One who touches the hide is like one who touches the meat until the hide is entirely separated from the meat. Similarly, when one skins the hide of crawling animals,48 the hide is considered as connected until it is skinned in its entirety. Similarly, the hide that is around an animal’s neck49 is considered as connected until it is removed in its entirety. Any hide that is considered as connected with regard to imparting ritual impurity is also considered as connected with regard to contracting ritual impurity, i.e., if an animal was slaughtered50 and impurity touched this hide that was connected to the meat, the meat contracts impurity.51וְאִם הִפְשִׁיטָהּ מֵרַגְלָהּ בִּלְבָד - הֲרֵי הָעוֹר כֻּלּוֹ חִבּוּר וְהַנּוֹגֵעַ בָּעוֹר כַּנּוֹגֵעַ בַּבָּשָׂר, עַד שֶׁיַּפְרִישׁ הָעוֹר כֻּלּוֹ מֵעַל הַבָּשָׂר. וְכֵן הַמַּפְשִׁיט בַּשְּׁרָצִים - חִבּוּר, עַד שֶׁיַּפְשִׁיט כֻּלּוֹ. עוֹר שֶׁעַל הַצַּוָּאר - חִבּוּר, עַד שֶׁיַּפְשִׁיט אֶת כֻּלּוֹ. וְכָל עוֹר שֶׁהוּא חִבּוּר לְטַמֵּא, כָּךְ הוּא חִבּוּר לְהִתְטַמֵּא; שֶׁאִם הָיְתָה שְׁחוּטָה, וְנָגְעָה טֻמְאָה בְּעוֹר זֶה שֶׁהוּא חִבּוּר - נִטְמָא הַבָּשָׂר.
11When there is a hide that has an olive-sized portion of meat from a carcass on it, if one touches a strand of the hide that extends outward from the meat or the hair on the other side of the hide that is opposite the meat, he contracts impurity. The rationale is that the hide and its hair are considered as “protecting” the meat.יאעוֹר שֶׁיֵּשׁ עָלָיו כְּזַיִת נְבֵלָה, הַנּוֹגֵעַ בַּצִּיב הַיּוֹצֵא מִמֶּנּוּ וּבִשְׂעָרוֹ שֶׁכְּנֶגְדּוֹ מֵאֲחוֹרֵי הָעוֹר - נִטְמָא, מִפְּנֵי שֶׁהָעוֹר בִּשְׂעָרוֹ שׁוֹמֵר לַבָּשָׂר.
When does the above apply? When the meat was left over by an animal.52 When it was left over by a knife,53 it is considered insignificant with regard to the hide if it was thin.בַּמֶּה דְּבָרִים אֲמוּרִים? שֶׁפְּלָטַתּוּ חַיָּה; אֲבָל פְּלָטַתּוּ סַכִּין - אִם הָיָה מְרֻדָּד, בָּטַל עַל גַּב הָעוֹר.
12When there are two pieces of meat, each half the size of an olive-sized portion on a hide, the hide causes them to be considered as insignificant.54 They do not impart impurity, neither when touched,55 nor when carried. The rationale is that any portion of a carcass that does not impart impurity when touched does not impart impurity when carried.56יבעוֹר שֶׁיֵּשׁ עָלָיו כִּשְׁנֵי חֲצָאֵי זֵיתִים בְּשַׂר נְבֵלָה, הָעוֹר מְבַטְּלָן; וְאֵינָן מְטַמְּאִין לֹא בַמַּגָּע וְלֹא בַמַּשָּׂא - שֶׁכָּל שֶׁאֵינוֹ מְטַמֵּא מִן הַנְּבֵלָה בַּמַּגָּע, אֵינוֹ מְטַמֵּא בַּמַּשָּׂא.
If, however, one skewered two pieces, each half the size of an olive-sized portion, one who carries them is impure because he carried an olive-sized portion of meat from a carcass.57 One who touches them, by contrast, is pure, because something joined by man is not considered as joined.58 The liability for carrying the pieces of meat applies provided both pieces are flattened and stuck together so that they are picked up together.59 If, however, the two half olive-sized portion were separate entities, but held on the same skewer, the person is pure even if he carries them back and forth the entire day.אֲבָל שְׁנֵי חֲצָאֵי זֵיתִים שֶׁתְּחָבָן בְּקֵיסָם - הַנּוֹשֵׂא אוֹתָן טָמֵא, שֶׁהֲרֵי נָשָׂא כְּזַיִת; וְהַנּוֹגֵעַ טָהוֹר, שֶׁאֵין חִבּוּרֵי אָדָם חִבּוּר. וְהוּא שֶׁיִּהְיוּ שְׁנֵיהֶן מְרֻדָּדִין וּדְבוּקִין זֶה בְּזֶה, כְּדֵי שֶׁיִּנָּטְלוּ כְּאֶחָד; אֲבָל אִם הָיָה חֲצִי זַיִת זֶה בִּפְנֵי עַצְמוֹ וְזֶה בִּפְנֵי עַצְמוֹ, בְּקֵיסָם אֶחָד, אֲפִלּוּ הוֹלִיךְ וְהֵבִיא כָּל הַיּוֹם כֻּלּוֹ - טָהוֹר.
13When the meat of a carcass decomposes, becomes spoiled, and is no longer fit for a dog to eat, it is pure.60 Accordingly, there is an unresolved doubt whether the netzal61 of an animal carcass imparts impurity or not.62 The following laws apply when the meat from a carcass dries out.63 If it would return to a moist state and be fit for a dog to eat when left to soak in lukewarm water for an entire day, it imparts impurity. If not, it is pure. It does not even impart impurity like64 impure foods do.65יגבְּשַׂר נְבֵלָה שֶׁנִּפְסַד וְהִבְאִישׁ, וְנִפְסַל מִלֶּאֱכֹל הַכֶּלֶב - טָהוֹר; לְפִיכָךְ נְצַל הַנְּבֵלָה, סָפֵק אִם מְטַמֵּא בִּכְזַיִת אִם לֹא. בְּשַׂר נְבֵלָה שֶׁיָּבֵשׁ: אִם יָכוֹל לִשְׁרוֹת בְּפוֹשְׁרִין מֵעֵת לְעֵת לַחֲזוֹר לַח וְרָאוּי לַכֶּלֶב, מְטַמֵּא; וְאִם לָאו - טָהוֹר, וַאֲפִלּוּ כְּאֹכָלִין טְמֵאִין אֵינוֹ מְטַמֵּא.
14When the meat of an animal carcass was decomposed at the outset and was not fit for human consumption, it is pure, as can be inferred from Deuteronomy 14:21: “Give it to the stranger in your gate and he will eat it.” At the outset, it must be fit for a stranger to eat.ידבְּשַׂר נְבֵלָה שֶׁהָיָה סָרוּחַ מֵעִקָּרוֹ, וְאֵינוֹ רָאוּי לְמַאֲכַל אָדָם - הֲרֵי זֶה טָהוֹר, שֶׁנֶּאֱמַר "לַגֵּר אֲשֶׁר בִּשְׁעָרֶיךָ תִּתְּנֶנָּה וַאֲכָלָהּ" - עַד שֶׁתִּהְיֶה תְחִלָּתָהּ רְאוּיָה לַגֵּר.
15A placenta found in an animal carcass66 is considered as waste matter and feces.67 It does not impart impurity like a carcass. If the person had in mind to eat it, it is susceptible to the impurity associated with food. The dried milk in the stomach and the liquid milk in the stomach of a carcass68 are entirely pure.69טושִׁלְיָא שֶׁל נְבֵלָה - הֲרֵי הִיא כְּפֶרֶשׁ וְכִרְעִי, וְאֵינָהּ מְטַמְּאָה כַּנְּבֵלָה; וְאִם חָשַׁב עָלֶיהָ לַאֲכִילָה, מִתְטַמֵּא טֻמְאַת אֹכָלִין. הַקֵּבָה וְהֶחָלָב שֶׁל נְבֵלָה, טְהוֹרִין מִכְּלוּם.
16When an animal discharges coagulated blood, even though such a discharge makes it exempt from the laws of the firstborn,70 it does not impart impurity,71 neither when touched, nor when carried72 unless there is the form of a fetus recognizable. The rationale is that it is nullified because there is a majority of other substances that are discharged with it. Therefore, it is pure even though it was initially fit for a stranger to eat together with its mother.טזבְּהֵמָה שֶׁשָּׁפְעָה חֲרָרַת דָּם - אַף עַל פִּי שֶׁנִּפְטְרָה מִן הַבְּכוֹרָה, אֵינָהּ מְטַמְּאָה לֹא בַמַּגָּע וְלֹא בַמַּשָּׂא עַד שֶׁיִּהְיֶה בָהּ צוּרַת נֵפֶל, לְפִי שֶׁהִיא בְּטֵלָה בְּרֹב הַיּוֹצֵא עִמָּהּ; לְפִיכָךְ הִיא טְהוֹרָה, אַף עַל פִּי שֶׁהָיְתָה רְאוּיָה לַגֵּר אַגַּב אִמָּהּ.
17The following laws apply when the carcass of an animal that was not slaughtered became intermingled with that of a slaughtered animal. If the majority of the meat is from the ritually slaughtered animal, the meat from the carcass is considered as insignificant and none of the mixture imparts impurity when touched.73 If, however, one carries the entire mixture, he contracts impurity.74 The reason why the meat of the carcass can be considered insignificant is that it is impossible for the ritually slaughtered meat to be considered as a carcass, but the carcass can become pure if it becomes putrefied. Therefore it can become nullified.75יזנְבֵלָה שֶׁנִּתְעָרְבָה בִּשְׁחוּטָה, אִם רֹב מִן הַשְּׁחוּטָה - בָּטְלָה הַנְּבֵלָה בַּשְּׁחוּטָה, וְאֵין הַכֹּל מְטַמֵּא בַּמַּגָּע; אֲבָל אִם נָשָׂא הַכֹּל - נִטְמָא, שֶׁאִי אֶפְשָׁר לַשְּׁחוּטָה, שֶׁתַּחֲזוֹר נְבֵלָה. אֲבָל הַנְּבֵלָה - אֶפְשָׁר שֶׁתִּטְהַר כְּשֶׁתִּסְרַח, לְפִיכָךְ תִּבָּטֵל.

She'ar Avot haTum'ah - Chapter 2

1When a non-kosher domesticated animal or wild animal was slaughtered,1 it does not impart the impurity of a carcass as long as it is in its death-throes2 unless its head is cut off.3 Instead, it is considered as impure food.4אבְּהֵמָה אוֹ חַיָּה טְמֵאָה שֶׁנִּשְׁחֲטָה - אֵינָהּ מְטַמְּאָה מִשּׁוּם נְבֵלָה כָּל זְמַן שֶׁהִיא מְפַרְכֶּסֶת [עַד שֶׁתָּמוּת, אוֹ] עַד שֶׁיַּתִּיז אֶת רֹאשָׁהּ; וַהֲרֵי הִיא כְּאֹכָלִין טְמֵאִין.
If it is killed by being stabbed in the throat and it is in its death throes, as long as it makes convulsive movements, it is not even considered as impure food.5נְחָרָהּ, וַהֲרֵי הִיא מְפַרְכֶּסֶת - אֵין בָּהּ אֲפִלּוּ טֻמְאַת אֹכָלִין, כָּל זְמַן שֶׁהִיא מְפַרְכֶּסֶת.
A limb that is separated from an animal that is making convulsive movements6 is forbidden to a Noachide, as if it were separated from a living animal.7 And meat that is separated from it is considered as having been separated from a living animal.וְאֵבֶר הַפּוֹרֵשׁ מִן הַמְפַרְכֶּסֶת אָסוּר לִבְנֵי נֹחַ, כַּפּוֹרֵשׁ מִן הַחַי; וּבְשָׂרָהּ הַפּוֹרֵשׁ מִמֶּנָּה, כַּפּוֹרֵשׁ מִן הַחַי.
Similarly, when a kosher animal is slaughtered in an unacceptable manner and it is still making convulsive movements or one of its signs8 or the majority of one was slit, it is not considered impure at all until it dies.9וְכֵן טְהוֹרָה שֶׁנִּפְסְלָה בִּשְׁחִיטָתָהּ וַעֲדַיִן הִיא מְפַרְכֶּסֶת, אוֹ שָׁחַט בָּהּ אֶחָד, אוֹ רֹב אֶחָד - אֵין לָהּ טֻמְאָה כְּלָל, עַד שֶׁתָּמוּת.
If one divides an animal in half10 or one removes its thigh and its inner cavity,11 it is considered as a carcass12 and it imparts impurity when carried and when touched, even though it shows signs of life.חִלַּק הַבְּהֵמָה לִשְׁנַיִם, אוֹ שֶׁנִּטְּלָה יָרֵךְ וְחָלָל שֶׁלָּהּ - הֲרֵי זוֹ נְבֵלָה וּמְטַמְּאָה בַּמַּגָּע וּבַמַּשָּׂא, אַף עַל פִּי שֶׁהִיא עֲדַיִן בַּחַיִּים.
Similarly, if it was ripped apart from its back or its back bone was broken and the majority of the meat around it severed, it is considered as a carcass in all contexts.וְכֵן אִם קְרָעָהּ מִגַּבָּהּ, אוֹ שֶׁנִּשְׁבְּרָה מַפְרֶקֶת וְרֹב בָּשָׂר עִמָּהּ - הֲרֵי זוֹ כַּנְּבֵלָה לְכָל דָּבָר.
2When the fetus of an animal dies within its womb and a shepherd inserts his hand and touches it—whether it is a non-kosher species or a kosher species—the shepherd who touches it is considered pure until he removes the stillborn animal from the womb.13בבְּהֵמָה שֶׁמֵּת עֻבָּרָהּ בְּתוֹךְ מֵעֶיהָ, וְהוֹשִׁיט הָרוֹעֶה אֶת יָדוֹ וְנָגַע בּוֹ, בֵּין בִּבְהֵמָה טְמֵאָה בֵּין בִּבְהֵמָה טְהוֹרָה - הֲרֵי זֶה הַנּוֹגֵעַ טָהוֹר, עַד שֶׁיֵּצֵא הַנֵּפֶל לַאֲוִיר הָעוֹלָם.
3Meat that is separated from a domesticated or wild animal- whether from a kosher species or a non-kosher species- in their lifetime is ritually pure and does not impart impurity as a carcass does.גבָּשָׂר הַפּוֹרֵשׁ מִבְּהֵמָה וְחַיָּה כְּשֶׁהֵן חַיִּין, בֵּין טְמֵאִין בֵּין טְהוֹרִין - טָהוֹר, וְאֵינוֹ מְטַמֵּא כַּנְּבֵלָה.
When, however, an entire limb is separated from a living animal, it does impart impurity as a carcass does. This applies to a limb from a living animal itself or from a fetus in its womb.אֲבָל אֵבֶר מִן הַחַי הַפּוֹרֵשׁ מֵהֶן, מְטַמֵּא כַּנְּבֵלָה; אֶחָד אֵבֶר מִן הַחַי הַפּוֹרֵשׁ מִן הַבְּהֵמָה עַצְמָהּ, אוֹ אֵבֶר הַפּוֹרֵשׁ מִן הַשְּׁלִיל שֶׁבְּבִטְנָהּ.
There is no minimum measure to the size of a limb. Even if it is the size of a barley-corn or smaller, it imparts impurity provided it was intact as when it came into being with flesh, sinews, and bones.14 It must have enough flesh to regenerate and return to a state of wholeness.וְהָאֵיבָרִים אֵין לָהֶן שִׁעוּר, אֲפִלּוּ הָיָה כַּשְּׂעוֹרָה אוֹ פָּחוֹת, מְטַמֵּא - וְהוּא שֶׁיִּהְיֶה הָאֵבֶר כִּבְרִיָּתוֹ בָּשָׂר וְגִידִים וַעֲצָמוֹת, וְיִהְיֶה עָלָיו בָּשָׂר כְּדֵי לַעֲלוֹת אֲרוּכָה.
If the limb did not have enough flesh to return to a state of wholeness or the bone was lacking,15 it is pure.הָיָה הַבָּשָׂר פָּחוֹת מִלְּהַעֲלוֹת אֲרוּכָה בַּחַי, אוֹ חָסֵר עַצְמוֹ - טָהוֹר.
4A kidney, the tongue, the lips, and like- even though they are organs16 and will not regenerate- are considered as meat in this context),17 because they do not have bones.דהַכֻּלְיָה וְהַלָּשׁוֹן וְהַשָּׂפָה וְכַיּוֹצֵא בָהֶן, אַף עַל פִּי שֶׁהֵן אֵיבָרִים וְאֵין עוֹשִׂין חֲלִיפִין, הוֹאִיל וְאֵין בָּהֶן עֶצֶם - הֲרֵי הֵן כַּבָּשָׂר.
5The flesh or a limb of a domesticated or wild animal that could not regain its vitality and reconnect with the remainder of the body18 does not impart impurity as a carcass does as long as the animal is alive.19 Instead, they are considered as like other edible substances.20 If they were made fit to contract impurity,21 they can contract impurity while attached to the animal.ההַבָּשָׂר אוֹ הָאֵבֶר הַמְּדֻלְדָּלִין בִּבְהֵמָה אוֹ חַיָּה, שֶׁאֵינָן יְכוֹלִין לִחְיוֹת וּלְהַדְבִּיק בִּשְׁאָר הַגּוּף - אֵינָן מְטַמְּאִין כַּנְּבֵלָה, כָּל זְמַן שֶׁהַבְּהֵמָה בַּחַיִּים; וַהֲרֵי הֵן כִּשְׁאָר אֹכָלִין - אִם הֻכְשְׁרוּ, מְקַבְּלִין טֻמְאָה בִּמְקוֹמָהּ.
If the animal was slaughtered, the slaughter causes the flesh or the limb that had been maimed to be considered fit to contract impurity,22 but they do not impart impurity as a carcass does. For the slaughter of the animal does not cause them to be considered as if they were separated from the animal during its lifetime.נִשְׁחֲטָה הַבְּהֵמָה - הֻכְשְׁרוּ בַּשְּׁחִיטָה, וְאֵינָן מְטַמְּאִין כַּנְּבֵלָה; שֶׁאֵין הַשְּׁחִיטָה עוֹשָׂה אוֹתָן כְּמוֹ שֶׁפֵּרְשׁוּ מֵחַיִּים.
If, by contrast, the animal died, the flesh that was hanging loosely from it during its lifetime must be made fit to contract ritual impurity and a limb that had been hanging loosely imparts impurity as a limb from a living animal and not as a limb from a carcass.אֲבָל אִם מֵתָה הַבְּהֵמָה - הַבָּשָׂר שֶׁהָיָה מְדֻלְדָּל בָּהּ צָרִיךְ הֶכְשֵׁר; וְהָאֵבֶר מְטַמֵּא מִשּׁוּם אֵבֶר מִן הַחַי, [וְאֵינוֹ צָרִיךְ הֶכְשֵׁר], וְאֵינוֹ מְטַמֵּא מִשּׁוּם אֵבֶר מִן הַנְּבֵלָה.
What is the difference between a limb from a living animal and a limb from a carcass? Meat that was cut from a limb separated from a living animal is pure,23 while meat cut from a carcass imparts impurity when touched or carried if an olive-sized portion is present. The same measure24 applies in both instances.וּמַה בֵּין אֵבֶר מִן הַחַי לְאֵבֶר מִן הַנְּבֵלָה? שֶׁהַבָּשָׂר הַפּוֹרֵשׁ מֵאֵבֶר מִן הַחַי טָהוֹר, וְהַבָּשָׂר הַפּוֹרֵשׁ מֵאֵבֶר מִן הַנְּבֵלָה מְטַמֵּא בִּכְזַיִת בַּמַּגָּע וּבַמַּשָּׂא. וְזֶה וְזֶה שָׁוִין לַשִּׁעוּר.
6When an animal that was tereifah25 was slaughtered in a proper manner, even though it is forbidden to be eaten, it is pure.26וטְרֵפָה שֶׁנִּשְׁחֲטָה שְׁחִיטָה כְּשֵׁרָה, אַף עַל פִּי שֶׁהִיא אֲסוּרָה בַּאֲכִילָה, הֲרֵי הִיא טְהוֹרָה.
Similarly, when a person slaughters an animal and discovers a dead fetus, the slaughter of its mother purifies it from imparting the impurity associated with a carcass.27וְכֵן הַשּׁוֹחֵט אֶת הַבְּהֵמָה, וּמָצָא בָהּ עֻבָּר מֵת - שְׁחִיטַת אִמּוֹ מְטַהַרְתּוֹ מִידֵי נְבֵלָה.
If one discovers a fetus that is in its eighth month and is alive,28 it is considered as a tereifah.29 Even if it is slaughtered after it was deemed tereifah, the slaughter does not prevent it from imparting the impurity associated with a carcass. The rationale is that there is no concept of ritual slaughter for an animal of this type.30מָצָא בָהּ בֶּן שְׁמוֹנָה חַי נִטְרַף, אַף עַל פִּי שֶׁנִּשְׁחַט אַחַר שֶׁנִּטְרַף - אֵין שְׁחִיטָתוֹ מְטַהַרְתּוֹ מִידֵי נְבֵלָה, לְפִי שֶׁאֵין לְמִינוֹ שְׁחִיטָה.
Based on this logic, when the offspring of an animal was not kept for seven full days before it was slaughtered,31 the slaughter does not prevent it from imparting the impurity associated with a carcass, because such an animal is considered like a non-viable offspring.32לְפִיכָךְ וְלַד בְּהֵמָה שֶׁלֹּא שָׁהָה שִׁבְעָה יָמִים גְּמוּרִין - אִם שְׁחָטוֹ בְּתוֹךְ שִׁבְעָה, אֵין שְׁחִיטָתוֹ מְטַהַרְתּוֹ מִידֵי נְבֵלָה, מִפְּנֵי שֶׁהוּא כְּנֵפֶל.
7As explained,33 when a person slaughters an animal and finds a living fetus that has been carried for nine months,34 ritual slaughter is not required35 before it steps on the ground,36 because the slaughter of its mother causes it to be considered as pure. Nevertheless, if its mother becomes impure37 before the fetus was removed, the fetus does not contract impurity.38 If the slaughter of its mother was not performed successfully and the mother became considered as a carcass, the living fetus remains pure.39 The rationale is that a living being does not contract impurity at all,40 not the impurity associated with foods, nor the impurity associated with a carcass, even though it is considered as one of the limbs of the mother.41זהַשּׁוֹחֵט אֶת הַבְּהֵמָה, וּמָצָא בָהּ בֶּן תִּשְׁעָה חַי קֹדֶם שֶׁיְּהַלֵּךְ עַל הַקַּרְקַע, אַף עַל פִּי שֶׁאֵין צָרִיךְ שְׁחִיטָה כְּמוֹ שֶׁבֵּאַרְנוּ, שֶׁהֲרֵי שְׁחִיטַת אִמּוֹ מְטַהַרְתּוֹ: אִם נִטְמֵאת אִמּוֹ, לֹא נִטְמָא הוּא; וְאִם נִתְנַבְּלָה אִמּוֹ, הֲרֵי הוּא טָהוֹר, שֶׁאֵין הַחַי מִתְטַמֵּא לֹא טֻמְאַת אֹכָלִין וְלֹא טֻמְאַת נְבֵלוֹת, וְאַף עַל פִּי שֶׁהוּא כְּאֵבֶר מֵאֵיבָרֶיהָ.
If it dies before it steps on the ground, it is pure,42 because the slaughter of its mother causes it to be deemed pure.43וְאִם מֵת קֹדֶם שֶׁיַּפְרִיס עַל גַּבֵּי קַרְקַע - הֲרֵי הוּא טָהוֹר, שֶׁשְּׁחִיטַת אִמּוֹ מְטַהַרְתּוֹ.
8When an animal that is tereifah was slaughtered, even though its meat is pure according to Scriptural Law,44 if meat from a sacrificial animal touches it, the sacrificial meat contracts impurity according to Rabbinic Law. This is an added stringency applied with regard to consecrated foods.חטְרֵפָה שֶׁנִּשְׁחֲטָה, אַף עַל פִּי שֶׁהִיא טְהוֹרָה מִן הַתּוֹרָה - אִם נָגַע בָּהּ הַקֹּדֶשׁ, נִטְמָא מִדִּבְּרֵי סוֹפְרִים; וְזוֹ מַעֲלָה יְתֵרָה שֶׁעָשׂוּ בַּקֹּדֶשׁ.
9The following laws apply when an animal had difficulty birthing its offspring. If, after the fetus stuck out its foot and it was cut off, the mother was then slaughtered, the limb that was cut off is considered as if it was from a carcass,45 but the remainder of the meat of the fetus is pure.46 If the mother was slaughtered and then the limb was cut off, the limb is considered as the meat of a tereifah animal that was slaughtered.47 The remainder of the meat of the fetus is considered as meat that touched a tereifah animal that was slaughtered which imparts impurity to consecrated foods,48 but not to terumah.טבְּהֵמָה הַמַּקְשָׁה לֵילֵד, וְהוֹצִיא הָעֻבָּר אֶת יָדוֹ, וַחֲתָכָהּ, וְאַחַר כָּךְ שָׁחַט אֶת אִמּוֹ - הָאֵבֶר שֶׁנֶּחְתַּךְ נְבֵלָה, וּשְׁאָר בָּשָׂר הָעֻבָּר טָהוֹר. שָׁחַט אֶת אִמּוֹ, וְאַחַר כָּךְ חֲתָכָהּ - הָאֵבֶר כִּטְרֵפָה שֶׁנִּשְׁחֲטָה, וּשְׁאָר בְּשַׂר הָעֻבָּר מַגַּע טְרֵפָה שְׁחוּטָה, שֶׁהוּא מְטַמֵּא אֶת הַקֹּדֶשׁ, אֲבָל לֹא אֶת הַתְּרוּמָה.
If the fetus stuck out its foot between the slaughter of one sign and the other49 and it was cut off, the slitting of the second sign is joined to the slitting of the first50 to purify the limb from imparting impurity as a carcass does.הוֹצִיא הָעֻבָּר אֶת יָדוֹ בֵּין שְׁחִיטַת סִימָן לִשְׁחִיטַת סִימָן, וַחֲתָכוֹ - מִצְטָרֵף שְׁחִיטַת סִימָן לְסִימָן לְטַהֵר הָאֵבֶר מִידֵי נְבֵלָה.
10When a non-Jew slaughters an animal,51 it is considered as a carcass and imparts impurity when carried.52ישְׁחִיטַת הַנָּכְרִי - נְבֵלָה, וּמְטַמְּאָה בַּמַּשָּׂא.
This applies even when a Jew is supervising him and even if he slaughtered it properly with an acceptable knife.וַאֲפִלּוּ יִשְׂרָאֵל עוֹמֵד עַל גַּבָּיו, וְאִם שָׁחַט בְּסַכִּין יָפָה שְׁחִיטָה כָּרָאוּי.
Whether the slaughterer is a gentile, a Samaritan,53 or a resident alien,54 his slaughter causes the animal to be considered as a carcass.אֶחָד הַנָּכְרִי, וְאֶחָד הַכּוּתִי אוֹ גֵּר תּוֹשָׁב - שְׁחִיטָתָן נְבֵלָה.
According to my estimation, this is also a Rabbinical decree,55 for the impurity imparted by false deities and objects offered to them is a Rabbinical decree, as will be explained.56 And it is because of their worship of false deities that the Samaritans57 were distanced and their slaughter forbidden.58וְקָרוֹב בְּעֵינַי, שֶׁאַף זֶה מִדִּבְרֵי סוֹפְרִים - שֶׁהֲרֵי טֻמְאַת עֲבוֹדָה זָרָה וְטֻמְאַת תִּקְרֻבְתָּהּ מִדִּבְרֵיהֶם, כְּמוֹ שֶׁיִּתְבָּאֵר, וּבִגְלַל עֲבוֹדָה זָרָה נִתְרַחֲקוּ הַכּוּתִים וְנֶאֶסְרָה שְׁחִיטָתָן.
If you will ask: According to Scriptural Law, it is forbidden to partake of an animal which they slaughtered?59 In resolution, it can be said that not everything that is forbidden to be eaten imparts impurity. For an animal that is tereifah, but which was slaughtered properly, is forbidden to be eaten, but is ritually pure.60וְאִם תֹּאמַר׃ וַהֲלֹא הִיא אֲסוּרָה בַּאֲכִילָה דִּין תּוֹרָה? לֹא כָּל הָאָסוּר בַּאֲכִילָה מְטַמֵּא, שֶׁהֲרֵי הַטְּרֵפָה אֲסוּרָה וּטְהוֹרָה.
It is impossible to obligate a person for karet for such impurity for entering the Temple or for partaking of sacrificial foods61 unless one can clearly prove his assertion that he contracted impurity.וְאִי אֶפְשָׁר לְחַיָּב כָּרֵת עַל טֻמְאָה זוֹ עַל בִּיאַת מִקְדָּשׁ וַאֲכִילַת קֳדָשָׁיו, אֶלָּא בִּרְאָיָה בְרוּרָה.
11When a person touches or carries the thigh bone62 of a dead animal, he is pure.63 The rationale is that any portion of an animal’s carcass that does not impart impurity when touched, does not impart impurity when carried.64יאקוּלִית הַנְּבֵלָה - הַנּוֹגֵעַ בָּהּ אוֹ נוֹשְׂאָהּ, טָהוֹר; שֶׁכָּל דָּבָר מִן הַנְּבֵלָה שֶׁאֵינוֹ מְטַמֵּא בַּמַּגָּע, אֵינוֹ מְטַמֵּא בַּמַּשָּׂא.
If, however, it was perforated to the slightest degree, one who touches it or carries it contracts impurity.65נִקְּבָה כָּל שֶׁהוּא - הַנּוֹגֵעַ בָּהּ אוֹ נוֹשְׂאָהּ, טָמֵא.
When does the above apply? When the marrow in it rattles,66 for, in that state, it would not regenerate flesh were the animal to be alive.67 If, however, it is in its natural place and it has sufficient marrow that it could regenerate flesh on the outside of the bone,68 it imparts impurity when touched or carried like other limbs.69בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁהָיָה הַמּוֹחַ שֶׁבָּהּ מִתְקַשְׁקֵשׁ, שֶׁהֲרֵי אֵינָהּ מַעֲלָה אֲרוּכָה; אֲבָל אִם הָיָה עוֹמֵד בִּמְקוֹמוֹ - אִם יֵשׁ בּוֹ כְּדֵי לְהַעֲלוֹת אֲרוּכָה לָעֶצֶם מִבַּחוּץ, הֲרֵי זוֹ מְטַמְּאָה בַּמַּגָּע וּבַמַּשָּׂא כְּכָל הָאֵיבָרִים.
We have already explained70 that a thigh-bone is closed on all sides.וּכְבָר פֵּרֵשְׁנוּ שֶׁהַקּוּלִית הִיא הָעֶצֶם הַסָּתוּם מִכָּל צְדָדָיו.
12When a person thought of perforating a thigh bone, but had not done so as of yet, one who touches it contracts impurity of a doubtful status. For there is an unresolved question whether the fact that he has not perforated the bone as of yet is considered as not having carried out a significant deed or not.71יבקוּלִית שֶׁחִשַּׁב עָלֶיהָ לְנָקְבָהּ, וַעֲדַיִן לֹא נִקְּבָהּ - הֲרֵי הַנּוֹגֵעַ בָּהּ סְפֵק טָמֵא; שֶׁהֲרֵי יֵשׁ בַּדָּבָר סָפֵק אִי מְחֻסַּר נְקִיבָה כִּמְחֻסַּר מַעֲשֶׂה אוֹ לֹא.
Footnotes for Metamme'ey Mishkav uMoshav - Chapter 13
1.

So that they become ritually pure. The rationale is that a certain amount of liquid flows from the grapes when they are picked, causing them to be fit to contract ritual impurity.
Hence, if they are touched by an impure person at that time or afterwards, they are ritually impure [the Rambam’s Commentary to the Mishnah (Taharot 10:3); see also Hilchot Tum’at Ochalin 1:1, 11:1].

2.

Those who harvest the olives need not, because the liquid that flows from the olives is not significant.

3.

As would be necessary had they contracted impurity.

4.

According to Scriptural Law, for them to cause other Keilim in the olive-press to be impure, they would have to have touched the other Keilim while they were moving the Keilim with midras impurity. If they had already placed down the Keilim that were impure, they do not impart impurity to other Keilim. Nevertheless, the Sages were stringent and ruled that they impart impurity to other utensils even if they had already placed down the Keilim that had contracted midras impurity. See Chapter 6, Halachah 2.

5.

Talmudic measure equivalent to a kilometer according to Shiurei Torah.

6.

Which implies that he is not following immediately.

7.

That imparts impurity to it.

8.

Because he intended to guard it entirely. Even though the pitchfork contracts impurity, it does not impart that impurity to the basket, because one k’li does not impart impurity to another (Chagigah 20a; Hilchot Tum’at Meit 5:7).

9.

I.e., even if one desires that the ordinary food remain pure, he will not guard it with the same degree of attention as terumah, for eating impure terumah violates a Scriptural prohibition.

10.

Hence even though he was careful that they did not contract impurity, he cannot rely on them for the Sabbath, because the standards of purity observed on the Sabbath are higher. This relates to the concepts mentioned above: that guarding ordinary food is not the same as guarding food that is terumah. See Me’iri to Chagigah 20a.

11.

The rationale is that the owner diverted his own attention from it when he asked his colleague to guard it for him and that colleague did not guard it from impurity, because he was not explicitly asked to.

12.

This is a stringency enacted because, generally, no loss will be incurred through considering the Keilim impure, because they can be purified. Although earthenware containers that are considered impure cannot be purified, once the Sages enacted a decree, they applied it to all Keilim.

13.

As explained in Hilchot Pesulei HaMukdashin 16:1, when a person performs sacrificial service with the intent of partaking of the sacrifice or offering it on the altar at times other than those prescribed, the sacrifice is considered as piggul and it is forbidden to be offered or eaten.

14.

We assume that if the matter was true, he would have informed him at the earliest possible opportunity. The Ra'avad mentions that if the other person was paid to work with him, his word is accepted. Since his word is accepted with regard to his own wages (that his employer does not owe him for his services), his word is accepted with regard to the sacrifices or the pure articles. cf. Hilchot Tefillin 1:18,.

Footnotes for She'ar Avot haTum'ah - Chapter 1
1.

Sefer HaMitzvot (positive commandment 96) and Sefer HaChinuch (mitzvah 161) include the laws governing this impurity as one of the commandments in their reckoning of the 613 mitzvot.

2.

I.e., in contrast, to the substances mentioned in Halachah 7.

3.

As stated in Hilchot Tum'at Meit 1:5; 6:3; Hilchot Keilim 13:1, et al, earthenware containers contract impurity only when impurity enters their inner space or when they are moved by a zav or the like.

4.

See Hilchot Metamei Mishkav UMoshav 6:2.

5.

See Chapter 6, Halachah 12, which explains that this is exception to the general rule.

6.

Not only the clothes he was wearing, but also any other k’li (other than an earthenware container) he touches also becomes impure [see the Rambam’s Commentary to the Mishnah (Keilim 1:1); Sifra to the prooftext cited].

7.

But not after he puts down the carcass. By carrying the carcass, he contracts impurity even if he did not actually touch it.

8.

I.e., immerse in a mikveh to purify from ritual impurity.

9.

In which instance, it would be forbidden to partake of them and in the case of consecrated animals, even to benefit from them (Hilchot Shechitah 2:2; Hilchot Ma’aseh HaKorbanot 18:3).

10.

Or touched.

11.

Hilchot Shechitah 3:18.

12.

In this context, there is a difference between the laws governing ritual impurity and those pertaining to partaking of non-kosher food. In that context, as stated in Hilchot Ma’achalot Assurot 4:17, non-kosher meat from a kosher species can not be combined with meat from a non-kosher species to comprise an olive-sized portion of a prohibited substance.

13.

See Chapter 7, Halachah 1. The Rambam’s ruling here implies that the blood of a carcass does impart impurity according to Rabbinic Law [see his Commentary to the Mishnah (Ediyot 8:1)]. Nevertheless, such blood does not make foods susceptible to ritual impurity, as stated in Hilchot Tum’at Ochalin 10:3.

14.

The verse mentions a domesticated animal explicitly and the license applies to it and not to a kosher wild animal.

15.

This is the literal meaning of the term tereifah. It also refers to any animal that dies — or would die — because of sickness or infirmity.

16.

The statement that it can be used for any purpose implies that it can also be used in the Temple. Thus one can infer that it does not impart ritual impurity [the Rambam's Commentary to the Mishnah (Uktzin 3:9) based on the Sifra to Leviticus 11:27].

17.

And not to an entity that is inherently unacceptable like a non-kosher animal.

18.

See Hilchot Tum’at Ochalin 1:2.

19.

See the Rambam’s Commentary to the Mishnah (loc. cit.) which explains that for the fat to become impure, it need not come into contact with a source of impurity, but is inherently considered as impure food. As the Kessef Mishneh states in his gloss to Chapter 3, Halachah 14, many authorities differ and maintain that it must come in contact with a source of impurity.

20.

In Hilchot Ma'achalot Assurot 1:13, the Rambam defines this term as "A hybrid that comes from the mating of a kosher domesticated animal and a kosher wild animal." In his gloss to Hilchot Bikkurim 9:5, Rav Yosef Caro explains that the Rambam understands the term ko'i as referring to an independent species that we do not know whether to classify as a domesticated animal or as a wild animal. He maintains that the proper version of Hilchot Ma'achalot Assurot is "any animal whose classification as a domesticated animal or as a wild animal is doubtful is a ko'i" and he maintains that Hilchot Shechitah 14:4 serves as proof of this interpretation.

21.

Since the classification of a ko’i is a matter of question as stated in the previous note, it is not known whether its fat is considered as the fat of a domesticated animal (and is thus pure) or the fat of a wild animal (and impure).

22.

As is appropriate when these substances definitely contract Scriptural impurity.

23.

As he would be liable if he had definitely contracted Scriptural impurity.

24.

I.e., the impurity associated with a dead animal. For it is the meat of the carcass that imparts impurity and these parts of the body are not considered as meat. In Hilchot Ma’achalot Assurot 4:18, the Rambam states that these parts of the body are not considered as meat within the context of the prohibition against eating non-kosher meat. Here he states the same concept with regard to the laws of ritual impurity. It must, however, be noted that they could be considered as a component of the olive-sized portion that contracts the impurity associated with foods (Chulin 9:1).

25.

Our translation is based on the Rambam’s Commentary to the Mishnah (Chulin 9:1).

26.

As the Rambam states in the above source, giddim is a general term including blood vessels, nerves, sinews, and cartilage.

27.

I.e., when attached to the carcass, they are considered as a “handle” of the carcass and governed by the same laws.

28.

For as stated in Halachah 1, there must be an olive-sized portion of meat for it to impart impurity.

29.

An animal ate the meat of the carcass and left small portions stuck to the hide.

30.

When skinning the animal, as explained above.

31.

I.e., if there is slightly less than an olive-sized portion of meat from an animal carcass and the meat that stuck to a hide would have enabled an olive-sized portion to be comprised, that meat is not considered significant and is considered as if it does not exist.

32.

Since the person collected the pieces, he shows that to him, they are considered as important and hence, impart ritual impurity (Rashi, Chulin 117b).

33.

See Hilchot Ma’achalot Assurot 4:21 which mentions these — and other hides — within the context of the prohibition against partaking of the meat of forbidden species.

34.

The hide of a wild boar, by contrast, is too tough to be eaten.

35.

The Mishnah (Chulin 9:2) mentions several other types of hides as well. Nevertheless, as the Rambam mentions in his Commentary to the Mishnah, the majority of the Sages did not consider those hides as meat.

36.

Because they are considered as meat, they are considered as impure.

37.

I.e., they are considered as pure, because they are obviously no longer considered as food.

38.

The bracketed additions are made on the basis of the Rambam’s Commentary to the Mishnah (op. cit.).

39.

Like a sheep or a goat.

40.

Like a cow.

41.

In which instance, one would slit the hide from the neck to the tail and then peel the hide from the meat (ibid.:3).

42.

At which point it could be considered as an independent entity.

43.

A handbreath is approximately 3.6 inches according to Shiurei Torah.

44.

And is thus impure unless the animal was killed through ritual slaughter.

45.

In this instance, the hide is cut from leg to leg and then cut or peeled away [the Rambam’s Commentary to the Mishnah (Chulin 9:3)].
We have translated the term according to its accepted meaning. In this instance, however, since one is using the skin of the entire animal, it appears the intent is a very large flask or a sack.

46.

And thus conveying ritual impurity.

47.

As the Rambam explains (ibid.), there was a unique technique in which a sheep was skinned by cutting open the hide only at the feet and the entire animal was removed through that hole. Thus all of its flesh remained intact. Such a technique was used when the hide was intended to be used as a flask.

48.

The eight species of crawling animals whose flesh imparts ritual impurity, as will be explained in ch. 4.

49.

I.e., one skinned the entire hide except the portion around the neck.

50.

And thus its meat does not impart ritual impurity and can contract ritual impurity, as other foods can.

51.

As if it had been touched itself. Conversely, if the hide was already considered as separated, even though it was actually attached—e.g., one was skinning the hide to use as a mat—the fact that impurity touches the portion that has been skinned does not change the status of the meat [the Rambam’s Commentary to the Mishnah (op. cit.)].

52.

That preyed on the carcass. Since there is a significant portion of meat left, it is not ignored.

53.

I.e., a person skinning the hide. Since it was ignored by the person skinning the animal, it is considered as insignificant.

54.

Even though together, they would be considered as of significant size, since they are separate, they are considered individually and each is considered as insignificant.

55.

Even if the person would touch both pieces at the same time, he would not contract impurity, because neither alone is considered as significant and touching each one is considered as a separate act. Therefore it is of no consequence.

56.

Although when carrying the hide, one is carrying an entire olive-sized portion, since they are separate and each one is considered insignificant, they do not impart impurity.

57.

When the conditions the Rambam proceeds to mention are met, the two pieces are considered as a single entity with regard to being carried.

58.

See Hilchot Tum ‘at Meit 4:5 for another example of the expression of this concept. From the precise wording of that halachah: “It does not impart impurity when one touches a portion of it,” Rabbi Akiva Eiger infers that if one does touch an olive-sized portion of meat, even if it is from separate pieces, he contracts impurity. See also Hilchot Tum’at Ochalin 6:17.

59.

I.e., when one picks up one of the pieces, the other will remain attached.

60.

For it is no longer considered as meat. If, however, it is fit for a dog to eat, it imparts impurity, even if it is not fit for human consumption.

61.

"Flesh that has decomposed and turned into a putrid liquid mass, provided the liquid mass that resulted from the corpse coagulates" (Hilchot Tum'at Meit 2:1).

62.

An olive-sized portion of the netzel of a human corpse imparts impurity (ibid.). Nevertheless, since the impurity associated with an animal carcass is dependent on it being basar, meat, there is a question whether that impurity applies once it has decomposed.

63.

Compare to Hilchot Tum’at Meit 2:1 where the Rambam rules that the flesh of a human corpse that has become dry like a shard retains its impurity.

64.

Our text is based on authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text has a slightly different version.

65.

Impure foods impart impurity when touched, but this dried meat does not.

66.

I.e., the animal died while pregnant.

67.

For most people do not consider it as fit for consumption [the Rambam’s Commentary to the Mishnah (Chulin 4:7)].

68.

The bracketed additions are made on the basis of Chasdei David, Chulin, ch. 8. The stomach itself is considered as meat and imparts impurity,

69.

For they are also considered as waste products, unfit for human consumption. See Hilchot Ma’achalot Assurot 4:19 where the Rambam states the same concepts within the context of the prohibition against partaking of forbidden meat.

70.

It is thought that there was a fetus that was crushed and dissolved in the blood that was discharged. Hence, the next offspring the mother animal bears is not considered the firstborn.

71.

I.e., even though it is thought that there was a fetus dissolved in the blood, it is not considered as meat and hence, does not impart impurity.

72.

Note the contrast to the following halachah, as explained in its notes.

73.

There are those who maintain that this applies only when he touched only one piece. If, however, he touched all the pieces, he does contract impurity. Their logic is that, seemingly, the same logic that applies with regard to carrying would apply to touching (see Rashi, Bechorot 23a). The Kessef Mishneh maintains that the Rambam differs and considers the person pure even if he touches all the pieces.
Why is touching different from carrying? Rav Yosef Corcus explains that each piece he touches is judged individually. Since it cannot be identified and the carcass is nullified, with regard to each judgment, the person is considered as pure. When carrying, by contrast, he is carrying the entire amount together and within that amount, the impurity is certainly present.

74.

For he certainly carried the meat from the carcass. Even though it cannot be identified and therefore its existence is considered nullified with regard to touch, since the meat from the carcass is present and it is being carried, it imparts impurity (ibid.). For it to impart impurity, at least one piece of the carcass must be the size of an olive, as evident from Halachah 12.
The Kessef Mishneh questions how this situation is different from the discharge of blood mentioned in the previous halachah. For there, a person carrying it does not become impure. In resolution, he quotes Rav Yosef Corcus who explains that, in that situation, the fetus was dissolved. Hence, it is considered as if it did not exist. In this instance, by contrast, the meat from the carcass obviously exists. It is merely not recognized.

75.

The Ra’avad objects to the inclusion of this rationale, stating that, from Menachot 23ab, it appears that this rationale is offered only according to Rabbi Yehudah’s approach. He maintains that a substance can never be nullified when mixed together with another substance of the same type. Therefore this rationale is required to explain why an exception is made in this instance. According to the majority opinion, which maintains that a substance can be nullified when mixed together with another substance of the same type, seemingly, this rationale is unnecessary. The Kessef Mishneh explains that perhaps the Rambam included this point merely to satisfy the proponents of the minority view.

Footnotes for She'ar Avot haTum'ah - Chapter 2
1.

Since it is from a non-kosher species, even if it was slaughtered in a kosher manner, that fact is insignificant in this context. Although a kosher animal is considered as dead after ritual slaughter, this does not apply with regard to a non-kosher animal.

2.

I.e., after an animal is slaughtered, it still makes convulsive movements before its soul actually departs. As long as a non-kosher animal makes such movements, it is considered as alive and it does not impart impurity.

3.

If its head is cut off, it is considered to have died and imparts impurity as a carcass does, even if its body continues moving.

4.

I.e., if it contracts impurity from another source. Since such slaughter would enable a Jew to partake of a kosher animal, it is considered significant enough for a non-kosher animal to be deemed as food.

5.

The rationale is that killing a kosher animal in this manner does not cause it to be considered as food. Hence, when a non-kosher animal is killed in this manner, it is also not considered as food. See Hilchot Tum’at Ochalin 3:4.

6.

No matter how it was killed, even if it was slaughtered in the ritual manner (Hilchot Melachim 9:12).

7.

One of the Seven Universal Laws Commanded to Noah and His Descendants is the prohibition against eating meat or an organ cut off an animal while it is alive (ibid. 9:1, 10-13). In this halachah, the Rambam is emphasizing that even though slaughter has been performed on an animal, it is still considered alive with regard to this prohibition.
This is not merely a theoretical argument. At present, many slaughtering plants are highly automated with animals slaughtered and then cut up while they are on a conveyor belt. It is not infrequent for the operators of the plant not to be willing to wait the short amount of time it would take for these convulsive movements to stop before having the animal cut in pieces. Thus the meat and organs severed in such a manner are forbidden to a gentile.

8.

I.e., the windpipe or the esophagus.

9.

I.e., since slitting only one of the signs does not cause an animal to become acceptable to be eaten, it is not considered as food until it actually dies.

10.

See Hilchot Shechitah 3:19; Hilchot Tum’at Meit 1:13.

11.

I.e., the meat surrounding the hip bone.

12.

I.e., no longer alive.

13.

The rationale is that as long as it is in its mother’s womb, it is considered as part of her body and not as an independent entity. This is borne out by the ruling that if the mother animal was ritually slaughtered, it would be permissible to partake of the fetus. Although this ruling applies only to a kosher species, Leviticus 11:39 makes an association between kosher species and non-kosher species [the Rambam’s Commentary to the Mishnah (Chulin 4:3)].

14.

See the parallels in Hilchot Tum’at Meit 2:3.

15.

Even in part.

16.

See Hilchot Ma’achalot Assurot 5:2.

17.

I.e., if they are separated from a living animal, they do not impart impurity at all.

18.

An animal was injured or maimed and a part of its flesh or limbs was not severed from its body, but hung loosely and was not functional. Note the parallels with regard to the prohibitions of partaking of such a limb, as stated in Hilchot Ma’achalot Assurot 5:6.

19.

Rav Akiva Eiger mentions that this applies only if the animal is healthy. If it is a tereifah, i.e., it will die within twelve months, flesh separated from it during its lifetime is considered as having been separated from a carcass.

20.

I.e., even during the animal’s lifetime, they are already considered as food and can contract impurity. As Rav Yosef Corcus emphasizes, this is the fundamental concept taught by this halachah.

21.

Through contact with liquids, as explained in Hilchot Tum'at Ochalin 1:1-2.

22.

Like food. The blood that flowed from the animal at the time of slaughter makes the limb fit to contract impurity [Hilchot Tum'at Ochalin 2:6; the Rambam's Commentary to the Mishnah (Chulin 9:7)].

23.

As stated in Halachah 3. It is only a limb that is intact that imparts impurity.

24.

I.e., a complete limb, regardless of the size, as stated in Halachah 3. Some manuscript copies of the Mishneh Torah follow a different version, stating: “In both instances, there is no minimum measure.” The Kessef Mishneh suggests that this is the proper version.

25.

I.e., possessing an infirmity that will cause it to die within twelve months. See Hilchot Ma'achalot Assurot 4:7-9; Hilchot Shechitah, chs. 5-11.

26.

I.e., the ritual slaughter is effective in this regard.

27.

I.e., the fetus is not considered as an independent entity, but as one of the limbs of the mother. Since the mother was slaughtered in an acceptable manner, all of its meat, including the fetus, does not impart ritual impurity. In his gloss to Halachah 7, the Kessef Mishneh states that this leniency applies even if the fetus would itself be con-sidered as tereifah.

28.

The Kessef Mishneh emphasizes that we are speaking about an instance where the mother animal was tereifah or slaughtered unacceptably. If the mother was kosher and slaughtered in an acceptable manner, the fetus is considered as one of the limbs of its mother. If it is alive- regardless of the month of its gestation- it may be eaten without being slaughtered itself and does not impart impurity according to Scriptural Law. (There are certain restrictions according to Rabbinic Law.)

29.

Like a human (see Hilchot Tum’at Meit 1:14, et al), an animal fetus that was born after eight months of pregnancy is not expected to live. Hence it is deemed a tereifah and is forbidden to be eaten even if it was slaughtered in an acceptable manner. While it is alive, it does not impart impurity, but when it is slaughtered—even acceptably—it does.
Alternatively; the phrase “after it was deemed tereifah” could refer to the mother, i.e., after the mother was deemed a tereifah and the fetus ripped from its womb (Kessef Mishneh).

30.

Before an animal from a kosher species became a tereifah, there was a time when it could have been slaughtered and been kosher. This fetus, however, never had and never will have a time when it could be considered as an independent kosher entity.

31.

Until an animal that was born without going through a full term of gestation lives seven days, we are not certain that it is a viable offspring and it is forbidden to partake of its meat even if it was properly slaughtered (see Hilchot Ma'achalot Assurot 4:4).

32.

From Shabbat 134b and Hilchot Ma’achalot Assurot, op. cit., it appears that it is questionable whether it is viable or not. Hence, we are stringent and apply the principle stated previously, that since this animal never had a time when it was considered as an independent kosher entity, ritual slaughter is not effective for it at all, not even to prevent it from being considered as a carcass. Nevertheless, if it was slaughtered, the impurity it imparts is only of questionable status. Rav Yosef Corcus states that this is hinted at by the phrase “like a non-viable offspring,” i.e., that it is comparable to an animal of that status.

33.

Hilchot Ma’achalot Assurot 5:14, 7:3.

34.

I.e., the period of gestation was full term.

35.

I.e., it is permitted to eat its meat, regardless of how it was killed.

36.

According to Scriptural Law, even if it steps on the ground, it does not require ritual slaughter. Slaughter was required by the Sages as a decree, because of the impression that might be created (Chullin 75b).

37.

I.e., after the mother was slaughtered, its body came in contact with a source of impurity.

38.

Because from the slaughter onward, it is considered as an independent entity.

39.

In this instance as well, it is considered as an independent entity, and not as part of its mother.

40.

See Hilchot Tum’at Ochalin 2:6; Hilchot Tum’at Meit 1:14.

41.

See Hilchot Shechitah 12:10; see also Hilchot Nizkei Mammon 11:12.

42.

I.e., even if it dies without ritual slaughter, it is not considered as a carcass, because it was considered as one of its mother’s limbs at the time the mother was slaughtered. This applies even if the offspring was tereifah (Kessef Mishneh).

43.

This applies whether the mother animal was kosher or tereifah. If, however, the mother was tereifah, the offspring is forbidden to be eaten even though it does not impart ritual impurity (ibid.). This leniency applies only if the slaughter of the mother was acceptable. If the slaughter of the mother was not acceptable, as soon as the fetus dies, its meat imparts the impurity associated with a dead animal.

44.

As stated in Halachah 6.

45.

As is a limb severed from a living animal, as stated in Halachah 3.

46.

For it is purified through the slaughter of its mother, as stated in Halachot 6-7. This applies provided it does not come in contact with the limb that was cut off. (Moreover, if it comes in contact with that limb, it contracts the impurity that stems from contact with impure foods.)

47.

Since the limb was extended outside the body before the animal was slaughtered, it is considered as tereifah. The rationale is that, included in the definition of tereifah is any animal, or part of an animal, that before slaughter was found in an inappropriate place (Chulin 68a, Hilchot Ma'achalot Assurot 5:9). There the Rambam states: “Even if [the fetus] returns the limb to the womb of the mother and afterwards, [the mother] was slaughtered or the fetus was born and lived for several years, that limb is forbidden as a treifah.”

48.

As stated in the previous halachah.

49.

As mentioned, for ritual slaughter to be acceptable, one must slit both the windpipe and the esophagus. In the interim, between the slitting of the two, the fetus stuck out its foot.

50.

I.e., it is considered as if the fetus stuck out its foot after the slaughter of the animal.

51.

This applies even if the animal is slaughtered according to all the laws of ritual slaughter, as the Rambam proceeds to state.

52.

I.e., when carried, and, of course, when touched (Chulin 13b). This lends credence to the concept that the impurity the animal imparts is a Rabbinic decree.

53.

The term Samaritan- Kuti (“Cuthean”) in classical Hebrew—denotes the people whom the invading King of Assyria settled in the northern part of Eretz Yisrael (Samaria) in place of the exiled Ten Tribes. These people converted to Judaism, but were selective in their observance, and hence were never accepted as an integral part of our people. Indeed, the early Talmudic Sages questioned whether their conversion was halachically effective or not. By the time of the later Sages, it had been discovered that they were idolaters, and they were deemed to be outright gentiles.

54.

I.e., if a gentile accepts the observance of the Seven Laws Given to the Descendants of Noah, he is granted the right to dwell in Eretz Yisrael. See Hilchot Avodat Kochavim 10:6; Hilchot Melachim 8:10-11. Nevertheless, in this context, his status is no different from that of other gentiles.

55.

The Ra’avad rejects the Rambam’s ruling outright, for the Rambam seems to be implying that the gentile’s slaughter is significant and it is only the Sages who disqualify it. The Ra’avad, by contrast, maintains that the gentile’s actions are entirely insignificant. The Kessel Mishneh also questions the Rambam’s ruling, however, stating that the Tosefta (Chulin 1:1) cites a verse from which it is derived that the slaughter of a gentile is of no consequence whatsoever. The Kessef Mishneh, however, states that according to the Rambam, the reference to the verse could be interpreted as an asmachta, the use of a verse by the Rabbis as support for their own decree.

56.

Chapter 6.

57.

And gentiles as a whole, as implied by Exodus 34:15; see Avodah Zarah 29b.

58.

For it can be assumed that the gentile has his false deity in mind [the Rambam’s Commentary to the Mishnah (Chulin 1:1)].

59.

See Hilchot Shechitah 4:11. From Halachah 12 of that source, however, it appears that the Scriptural prohibition only applies when the animal was slaughtered by an idolatrous gentile. If the gentile did not serve false deities, his slaughter is forbidden only by Rabbinic decree.

60.

As stated in Halachah 6.

61.

As mandated by Hilchot Bi’at HaMikdash3:12-13; Hilchot Pesulei HaMukdashim 18:13-15.

62.

I.e., the bare bone, without an olive-sized portion of meat on it.

63.

Although the bone contains marrow which is considered as meat, as long as it is intact, it does not impart impurity.

64.

Even though he is carrying the marrow, since the bone is intact, it does not impart impurity.

65.

Because the marrow it contains is no longer enclosed.

66.

I.e., it has dried out and is no longer connected to the bone.

67.

Were the animal to be alive.

68.

If there is sufficient marrow inside a bone, it has the potential to regenerate flesh that had been peeled off the bone.

69.

I.e., it is considered like a limb severed from a living animal, because the marrow will cause it to regenerate. If, however, the marrow has already dried out, it is only considered as flesh from a carcass.

70.

Hilchot Tum’at Meit 2:5.

71.

I.e., there is room to say that since the act of perforating the bone is minimal, from the time the person had the intent of perforating it, it is considered as if it had been perforated entirely. The Kessef Mishneh notes that the standard published text of Chulin 126b does not leave this question unanswered and rules that the bone is considered to have been perforated already. He suggests that the Rambam had a different version of that text. Rav Yosef Corcus states that since the Talmud debates a similar issue in another source, it appears that a final ruling on the subject had not been reached.

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.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
Published and copyright by Moznaim Publications, all rights reserved.
To purchase this book or the entire series, please click here.
The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.