ב"ה

Rambam - 1 Chapter a Day

Tum'at Tsara'at - Chapter 10

Show content in:

Tum'at Tsara'at - Chapter 10

1A person who removes the signs of impurity,1 whether all of them or part of them, or who burns the healthy flesh in a baheret,2 whether partially or entirely, or who removes an entire blemish3 from his flesh, a garment, or a building, violates a negative commandment,4 as Deuteronomy 24:8 states: “Be very careful5 with regard to a tzara’at blemish, to watch it carefully, and to act according to everything that the priest, the Levites, will instruct you, as you were commanded, you shall heed.” Implied is that one should not remove hair nor cut off any sign. This applies before the priest comes for an initial examination, after the person has been isolated, after he has been deemed definitively impure, or after he has been sent away as pure.אהַתּוֹלֵשׁ סִימָנֵי טֻמְאָה בֵּין כֻּלָּן בֵּין מִקְצָתָן, אוֹ הִכְוָה אֶת הַמִּחְיָה כֻּלָּהּ אוֹ מִקְצָתָהּ, אוֹ הַקּוֹצֵץ הַנֶּגַע כֻּלּוֹ מִבְּשָׂרוֹ אוֹ מִן הַבֶּגֶד אוֹ מִן הַבַּיִת, בֵּין קֹדֶם שֶׁיָּבוֹא לַכֹּהֵן, בֵּין בְּתוֹךְ הֶסְגֵּר בֵּין בְּתוֹךְ הֶחְלֵט אוֹ אַחַר הַפְּטוּר - הֲרֵי זֶה עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר "הִשָּׁמֶר בְּנֶגַע הַצָּרַעַת לִשְׁמֹר מְאֹד וְלַעֲשׂוֹת, כְּכֹל אֲשֶׁר יוֹרוּ אֶתְכֶם הַכֹּהֲנִים הַלְוִיִּם כַּאֲשֶׁר צִוִּיתִם תִּשְׁמְרוּ" - לֹא שֶׁיִּתְלֹשׁ אוֹ יָקֹץ.
He is not, however, liable for lashes6 unless his acts are effective. If his acts are not effective, he is not liable for lashes.אֲבָל אֵינוֹ לוֹקֶה, עַד שֶׁיּוֹעִילוּ מַעֲשָׂיו; וְאִם לֹא הוֹעִילוּ, אֵינוֹ לוֹקֶה.
What is implied? If a person had a baheret with three white hairs and he pulled out one7 or he burnt a portion of the healthy flesh in a baheret, but a lentil-sized portion8 remained, he is not liable for lashes, because he is impure, as was his status previously. Similar laws apply in all analogous situations.כֵּיצַד? הָיְתָה בוֹ בַּהֶרֶת וּבָהּ שָׁלֹשׁ שְׂעָרוֹת לְבָנוֹת, וְתָלַשׁ אַחַת, כָּוָה מִקְצָת הַמִּחְיָה, וְנִשְׁאַר מִמֶּנָּה כַּעֲדָשָׁה - אֵינוֹ לוֹקֶה, שֶׁהֲרֵי הוּא טָמֵא כְּשֶׁהָיָה. וְכֵן כָּל כַּיּוֹצֵא בָזֶה.
He is, however, given stripes for rebellious conduct.9וּמַכִּין אוֹתוֹ מַכַּת מַרְדּוּת.
Similarly, one who shaves the hairs next to10 a netek is liable for lashes,11 as Leviticus 13:33 states: “He shall not shave the netek.”וְכֵן הַמְגַלֵּחַ אֶת הַנֶּתֶק לוֹקֶה, שֶׁנֶּאֱמַר "וְאֶת הַנֶּתֶק לֹא יְגַלֵּחַ".
He is not liable unless he shaves the entire area around the netek with a razor.12וְאֵינוֹ חַיָּב עַד שֶׁיְּגַלַּח כָּל הַנֶּתֶק בְּתַעַר.
It is permitted for a person afflicted with tzara’at to carry a pole on his shoulder on which there is a tzara’at blemish or to tie palm bast on his foot on which there is a blemish. If the signs of impurity are removed, they are removed,13 provided he does not have the intent of removing them.וּמֻתָּר לַמְּצֹרָע לִשָּׂא בַּמּוֹט עַל כְּתֵפוֹ שֶׁיֵּשׁ בָּהּ הַצָּרַעַת, וְלִקְשֹׁר הַסִּיב עַל רַגְלוֹ; וְאִם הָלְכוּ סִימָנֵי טֻמְאָה, יֵלְכוּ. וְהוּא שֶׁלֹּא יִתְכַּוֵּן לְכָךְ.
2A person who removes signs of impurity or who burns healthy flesh before the inspection performed by a priest is pure.14בהַתּוֹלֵשׁ סִימָנֵי טֻמְאָה, אוֹ שֶׁכָּוָה אֶת הַמִּחְיָה, עַד שֶׁלֹּא בָא אֵצֶל כֹּהֵן - הֲרֵי זֶה טָהוֹר.
Similarly, if he does so in the days of his isolation, he will be considered pure after15 the days of his isolation.16וְכֵן אִם עָשָׂה כֵּן בִּימֵי הֶסְגֵּר, הֲרֵי זֶה טָהוֹר לְאַחַר יְמֵי הֶסְגֵּר.
If, however, he removed them after he was deemed definitively impure because of them, he remains impure as was his status. He cannot regain purity unless the tzara’at covers his entire body or unless his baheret becomes smaller than a gris.וְאִם תְּלָשָׁן אַחַר שֶׁהֻחְלַט בָּהֶן, הֲרֵי זֶה מֻחְלָט כְּשֶׁהָיָה; וְאֵין לוֹ טָהֳרָה עַד שֶׁתִּפְרַח הַצָּרַעַת בְּכֻלּוֹ, אוֹ עַד שֶׁתִּתְמַעֵט בַּהַרְתּוֹ מִכִּגְרִיס.
3When a person cuts off his entire baheret unintentionally, he is pure.17גמִי שֶׁנִּקְצְצָה בַהַרְתּוֹ כֻּלָּהּ שֶׁלֹּא בְכַוָּנָה, טָהוֹר.
Different rules apply if he cut it off intentionally. If he cut off all the healthy flesh surrounding the baheret, even a hair’s width, he can never become pure.18 If he cut it off exactly,19 he cannot regain purity unless the baheret covers his entire body.קְצָצָהּ בְּכַוָּנָה: אִם קָצַץ כָּל הַבָּשָׂר הַחַי הַמַּקִּיפָהּ, אֲפִלּוּ כְּחוּט הַשַּׂעֲרָה - אֵין לוֹ טָהֳרָה עוֹלָמִית; קְצָצָהּ בְּצִמְצוּם - אֵין לוֹ טָהֳרָה, עַד שֶׁתִּפְרַח בְּכֻלּוֹ.
4When one pulls out one white hair and the second fell off on its own accord, the person is pure.20 If there were three and he pulled out two and one fell off on its own, he remains impure.21דהַתּוֹלֵשׁ שַׂעֲרָה לְבָנָה אַחַת וְנָשְׁרָה הַשְּׁנִיָּה - הֲרֵי זֶה טָהוֹר; הָיוּ שָׁלֹשׁ, תָּלַשׁ שְׁתַּיִם וְנָשְׁרָה אַחַת - הֲרֵי זֶה בְּטֻמְאָתוֹ.
If there was a portion of healthy flesh in a baheret the size of a lentil and one burnt half of it and half disappeared, he is pure.22הָיְתָה בּוֹ מִחְיָה כַּעֲדָשָׁה - כָּוָה חֶצְיָהּ וְהָלַךְ חֶצְיָהּ, הֲרֵי זֶה טָהוֹר.
If the healthy flesh was larger than a lentil, one burnt off the part greater than a lentil and the lentil sized portion disappeared naturally, he is pure.23 If he burnt off the portion the size of a lentil and the remainder disappeared, he is impure.24הָיְתָה יְתֵרָה מִכַּעֲדָשָׁה - כָּוָה הַמּוֹתָר וְהָלַךְ כַּעֲדָשָׁה, הֲרֵי זֶה טָהוֹר; כָּוָה כַּעֲדָשָׁה וְהָלַךְ הַמּוֹתָר, הֲרֵי זֶה טָמֵא.
5When a person has a baheret on his foreskin,25 he should be circumcised even though the circumcision is not being performed on the designated day.26 The rationale is that the performance of a positive commandment supersedes the observance of a negative commandment in all instances.27המִי שֶׁהָיְתָה בַהֶרֶת בְּעָרְלָתוֹ - יִמּוֹל, וְאַף עַל פִּי שֶׁהִיא מִילָה שֶׁלֹּא בִזְמַנָּהּ; שֶׁמִּצְוַת עֲשֵׂה דּוֹחָה אֶת לֹא תַעֲשֶׂה בְּכָל מָקוֹם.
If the person was circumcised and the removal of the foreskin also caused the removal of the sign that caused him to be deemed impure, he is obligated to bring the sacrifices of a person becoming purified from tzara’at.28וְאִם מָל, וְהָלַךְ בְּעוֹר הֶעָרְלָה סִימָן שֶׁהָיָה מֻחְלָט בּוֹ - הֲרֵי זֶה חַיָּב בְּקָרְבַּן מְצֹרָע.
6It is a positive commandment29 for a man30 afflicted with tzara’at who was deemed as definitively impure to cover his head31 throughout the time he is impure, he should be cloaked until his lips like a mourner,32 his clothes should be torn and he must notify those who pass by him that he is impure, as Leviticus 13:45 states: “And the person afflicted with tzara’at who has the blemish shall....”33ומִצְוַת עֲשֵׂה שֶׁיִּהְיֶה הַמְּצֹרָע הַמֻּחְלָט מְכֻסֶּה רֹאשׁ כָּל יְמֵי חֲלוּטוֹ, וְעוֹטֶה עַל שָׂפָם כְּאָבֵל, וּפוֹרֵם בְּגָדָיו, וּמוֹדִיעַ הָעוֹבְרִים עָלָיו שֶׁהוּא טָמֵא, שֶׁנֶּאֱמַר "וְהַצָּרוּעַ אֲשֶׁר בּוֹ הַנֶּגַע וְגוֹ'".
Even a High Priest who becomes afflicted with leprosy covers his head and tears his clothes, for a positive commandment supersedes a negative commandment.34אֲפִלּוּ כֹּהֵן גָּדוֹל שֶׁנִּצְטָרַע פּוֹרֵעַ וּפוֹרֵם, שֶׁעֲשֶׂה דּוֹחֶה אֶת לֹא תַעֲשֶׂה.
He is forbidden to greet others throughout the time he is deemed impure, as a mourner is,35 as can be inferred from the continuation of the above verse: “he shall cover his lips,” i.e., his lips shall be closed together. He may, however, read Scripture, study Mishnah, and elucidate Torah teachings.36וְאָסוּר בִּשְׁאֵלַת שָׁלוֹם כָּל יְמֵי חֲלוּטוֹ כְּאָבֵל, שֶׁנֶּאֱמַר "וְעַל שָׂפָם יַעְטֶה" - שֶׁיִּהְיוּ שְׂפָתָיו דְּבוּקוֹת; אֲבָל קוֹרֵא וְשׁוֹנֶה וְדוֹרֵשׁ.
He is forbidden to have his hair cut and launder his clothes throughout the time he is deemed definitively impure.37וְאָסוּר לְסַפֵּר וּלְכַבֵּס, כָּל יְמֵי חֲלוּטוֹ.
He must conduct himself with these restrictions even on Sabbaths and holidays.38וְנוֹהֵג בְּכָל הַדְּבָרִים הָאֵלּוּ, אֲפִלּוּ בְּשַׁבָּתוֹת וְיָמִים טוֹבִים.
He is, however, permitted to wash, anoint himself, wear shoes, engage in physical intimacy,39 and have his bed stand upright like other people.40וַהֲרֵי הוּא מֻתָּר בִּרְחִיצָה וּבְסִיכָה וּבִנְעִילַת הַסַּנְדָּל וּבְתַשְׁמִישׁ הַמִּטָּה; וְזוֹקֵף אֶת מִטָּתוֹ כִּשְׁאָר הָעָם.
7The law is that a person afflicted by tzara’at should have a dwelling alone41 outside the town, as indicated by Leviticus 13:46: “outside the camp where he dwells.”זדִּין הַמְּצֹרָע שֶׁיִּהְיֶה לוֹ מוֹשָׁב לְבַדּוֹ חוּץ לָעִיר, שֶׁנֶּאֱמַר "מִחוּץ לַמַּחֲנֶה מוֹשָׁבוֹ".
This restriction applies only in walled cities in Eretz Yisrael.42וְדָבָר זֶה בָּעֲיָרוֹת הַמֻּקָּפוֹת חוֹמָה בְּאֶרֶץ יִשְׂרָאֵל בִּלְבָד.
8A woman afflicted by tzara’at does not cover her head, rend her garments, or cloak her face.43 She does, however, dwell outside her town and inform others that she is impure.חהַמְּצֹרַעַת אֵינָהּ פּוֹרַעַת וְאֵינָהּ פּוֹרֶמֶת וְלֹא עוֹטָה עַל שָׂפָם; אֲבָל יוֹשֶׁבֶת הִיא חוּץ לָעִיר, וּמוֹדִיעָה לַאֲחֵרִים שֶׁהִיא טְמֵאָה.
Indeed, not only those afflicted by tzara’at, but all those who impart impurity to other people are obligated to inform everyone that they are impure so that they will separate themselves from them, as implied by ibid.:45: ‘”Impure, impure,’ he shall call out.” That can be interpreted to mean “The impure person shall inform others that he is impure.”וְלֹא הַמְּצֹרָעִים בִּלְבָד, אֶלָּא כָּל הַמְטַמְּאִים אֶת הָאָדָם חַיָּבִין לְהוֹדִיעַ לַכֹּל שֶׁהֵן טְמֵאִין, כְּדֵי שֶׁיִּפְרְשׁוּ מֵהֶן, שֶׁנֶּאֱמַר "וְטָמֵא טָמֵא יִקְרָא" - הַטָּמֵא מוֹדִיעַ שֶׁהוּא טָמֵא.
9A tumtum44 and an androgynus45 should cover their heads, rend their garments, and cloak their faces, because their status is in doubt.46טוְטֻמְטוּם וְאַנְדְּרוֹגִינוֹס פּוֹרֵעַ וּפוֹרֵם וְעוֹטֶה עַל שָׂפָם, מִפְּנֵי שֶׁהוּא סָפֵק.
10The same laws apply to both a person afflicted with tzara’at who is isolated and one who is definitively deemed impure.יאֶחָד מְצֹרָע מֻסְגָּר וְאֶחָד מְצֹרָע מֻחְלָט לְעִנְיַן טֻמְאָה.
With regard to impurity, there is no difference between a person afflicted with tzara’at who is isolated and one who is definitively deemed impure except covering one’s head, rending one’s garments, shaving, and bringing fowl.47 One who is deemed pure after being isolated is exempt from shaving and bringing fowl,48 while one who is deemed pure after having been deemed impure has these obligations. Nevertheless, with regard to impurity, they are equal in all matters.וְאֵין בֵּין מְצֹרָע מֻסְגָּר לִמְצֹרָע מֻחְלָט לְעִנְיַן טֻמְאָה, אֶלָּא פְּרִיעָה וּפְרִימָה וְתִגְלַחַת וְצִפֳּרִים - שֶׁהַטָּהוֹר מִתּוֹךְ הֶסְגֵּר, פָּטוּר מִן הַתִּגְלַחַת וּמִן הַצִּפֳּרִים; וְהַטָּהוֹר מִתּוֹךְ הֶחְלֵט, חַיָּב בְּתִגְלַחַת וְצִפֳּרִים. אֲבָל טֻמְאַת שְׁנֵיהֶן שָׁוָה בְּכָל דָּבָר.
11A person afflicted with tzara’at is a primary source of impurity.49 He imparts impurity to humans and implements through touching them and to earthenware containers when a portion of his body enters their inner space.50 He imparts impurity to a person when carried by him51 and an object over which he lies or sits even if there is a stone52 intervening between him and their surface,53 as is the law regarding a zav54 and a zavah.55 This is derived from Leviticus 13:6: “He shall launder56 his garments.” According to the Oral Tradition,57 it was taught that he becomes pure with regard to imparting impurity to the objects on which he lies or sits.58יאהַמְּצֹרָע - אָב מֵאֲבוֹת הַטֻּמְאוֹת. מְטַמֵּא אָדָם וְכֵלִים בְּמַגָּעוֹ וּכְלֵי חֶרֶס בַּאֲוִירוֹ, וּמְטַמֵּא אָדָם בַּמַּשָּׂא. וּמְטַמֵּא מִשְׁכָּב וּמוֹשָׁב, אֲפִלּוּ תַּחַת הָאֶבֶן, כַּזָּב וְכַזָּבָה, שֶׁנֶּאֱמַר "וְכִבֶּס בְּגָדָיו וְטָהֵר" - מִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁטָּהַר מִלְּטַמֵּא מִשְׁכָּב וּמוֹשָׁב.
All of these laws apply equally to one isolated because of tzara’at and one deemed definitively impure.וְאֶחָד הַמֻּחְלָט וְאֶחָד הַמֻּסְגָּר בְּכָל אֵלּוּ.
12There is an additional dimension of severity with regard to a person afflicted by tzara’at. He imparts impurity to a building when he enters it, whether he is in the midst of the time when he has been deemed impure or whether he is during his period of isolation.יבחֻמְרָה יְתֵרָה יֵשׁ בַּמְּצֹרָע - שֶׁמְּטַמֵּא בְּבִיאָתוֹ לְבַיִת, בֵּין בִּימֵי הֶחְלֵט בֵּין בִּימֵי הֶסְגֵּר.
What is implied? If he enters a building, everything—whether humans or implements—that is in the building contracts impurity. Even though the afflicted person did not touch them, they become primary derivatives of impurity. The impurity of the building which the afflicted person enters is derived from the phrase, Leviticus 13:46: “outside the camp where he dwells.” Implied is that just as he is impure, his dwelling is impure.כֵּיצַד? נִכְנַס לְבַיִת, נִטְמָא כָּל אֲשֶׁר בַּבַּיִת, בֵּין אָדָם בֵּין כֵּלִים, אַף עַל פִּי שֶׁלֹּא נָגַע בָּהֶן נַעֲשׂוּ רִאשׁוֹן לַטֻּמְאָה, שֶׁנֶּאֱמַר "מִחוּץ לַמַּחֲנֶה מוֹשָׁבוֹ" - מַה הוּא טָמֵא, אַף מוֹשָׁבוֹ טָמֵא.
If he was standing under a tree and a person who was ritually pure passed under the tree, that person contracts impurity.59הָיָה עוֹמֵד תַּחַת הָאִילָן, וְעָבַר אָדָם טָהוֹר תַּחַת הָאִילָן - נִטְמָא.
If a person who was pure was standing under the tree and a person afflicted by tzara’at passed under it, he does not impart impurity to him.60 If the afflicted person stood, the other person became impure, because the place became the afflicted person’s dwelling. If it is unknown whether he stood or not, the other person is pure.61הָיָה הַטָּהוֹר עוֹמֵד תַּחַת הָאִילָן, וְעָבַר הַמְּצֹרָע תַּחְתָּיו - לֹא טִמְּאָהוּ; וְאִם עָמַד - נִטְמָא, שֶׁהֲרֵי נַעֲשָׂה לוֹ מוֹשָׁב. סָפֵק עָמַד סָפֵק לֹא עָמַד - טָהוֹר.
If a person afflicted by tzara’at inserted his head and the majority of his body into a building,62 everything in the building becomes impure.הִכְנִיס הַמְּצֹרָע רֹאשׁוֹ וְרֻבּוֹ לְבַיִת, נִטְמָא כָּל שֶׁיֵּשׁ בְּתוֹכוֹ.
If he desires to enter a synagogue, a partition that is ten handbreadths high and encompasses an area four cubits by four cubits should be constructed for him.63 He should enter first and leave last so that he will be dwelling alone and will not stand together with the other people and impart impurity to them.64נִכְנַס לְבֵית הַכְּנֶסֶת - עוֹשִׂין לוֹ מְחִצָּה גְּבוֹהָה עֲשָׂרָה טְפָחִים, וּרְחָבָה אַרְבַּע אַמּוֹת עַל אַרְבַּע אַמּוֹת; וְנִכְנָס רִאשׁוֹן וְיוֹצֵא אַחֲרוֹן, כְּדֵי שֶׁיִּהְיֶה מוֹשָׁבוֹ לְבַדּוֹ וְלֹא יַעֲמוֹד עִם הָעָם בְּעִרְבּוּב וִיטַמֵּא אוֹתָם.

Quiz Yourself on Tum'at Tsara'at Chapter 10

Footnotes
1.

E. g., white hair or healthy flesh in a baheret [the Rambam’s Commentary to the Mishnah (Nega’im 7:4)].

2.

Healthy flesh in a baheret is a sign of impurity. If, however, the healthy flesh is burned, it is no longer considered as healthy and hence, does not serve as such a sign.

3.

I.e., not only the signs of impurity, but the entire blemish.

4.

Sefer HaMitzvot (negative commandment 308) and Sefer HaChinuch (mitzvah 584) count this charge as one of the 613 mitzvot of the Torah.

5.

As stated in Eruvin 96a, Makkot 13b, et al, whenever the Torah uses the term hishamar, translated as “Be... careful,” a negative commandment is involved.

6.

As is the minimum punishment for the violation of a negative commandment.

7.

Two white hairs are sufficient to render him impure (Chapter 2, Halachah 1).

8.

Which is sufficient to render him impure (Chapter 3, Halachah 1).

9.

Lashes mandated by Rabbinic decree which are given as punishment for the violation of Rabbinic commandments and for other purposes. See Hilchot Sanhedrin 16:3, 18:5, which mentions this punishment.

10.

The bracketed addition is evident from Chapter 8, Halachot 2-3.

11.

Sefer HaMitzvot (negative commandment 307) and Sefer HaChinuch (mitzvah 170) consider this as a separate negative commandment and counted as one of the 613 mitzvot.

12.

If, however, he removes the hair with another instrument, he is not liable for lashes. The Ra’avad objects to this leniency.

13.

I.e., although the signs of impurity were removed as a result of his actions, he is not liable, because he did not perform the act of removal. His actions were merely an indirect cause.

14.

For at the time of the inspection, he did not have any signs of impurity.

15.

As stated in Chapter 9, Halachah 9, when a person is isolated because of a tzara’at affliction, a judgment is only rendered on the seventh and thirteenth days.

16.

In this instance as well, at the time the priest inspects him, he will not have any signs of impurity, nor had he manifested them beforehand. As Nega’im 7:4 relates, this question was posed by Rabbi Akiva to Rabban Gamliel and Rabbi Yehoshua. They did not know how to answer him. On the basis of logical deduction, Rabbi Akiva proved that the person should be considered as pure. The Rambam cites the Tosefta (Nega’im 3:4; apparently his version was slightly different from the standard published text) as stating that the other Sages accepted Rabbi Akiva’s view.

17.

Because at present, he does not have a baheret with signs of impurity and he did not remove the baheret intentionally.

18.

This is a stringency imposed by Rabbinic decree. The rationale is that even if the tzara’at would cover the person's entire body, one might argue that it would not have affected the flesh immediately next to it [Kessef Mishneh, based on the Tosefta (Nega’im 3:5)].

19.

Leaving the flesh around the baheret.

20.

Because even if the person had not pulled the hair off, there would not have been two white hairs on his baheret.

21.

Because it was his deeds that removed the signs of impurity. The one remaining white hair could not serve as a sign of impurity alone. We do not say that since the one white hair fell off naturally, the other would also have fallen off naturally.

22.

Here as well, the sign of impurity would have disappeared independent of the person’s actions.

23.

Also in this instance, enough of the baheret to render the person impure remained — and disappeared naturally — after the person’s action.

24.

Because the remaining portion of healthy skin was not large enough to render the person impure. Thus it was the person’s actions that removed the signs of impurity.

25.

And thus the positive mitzvah of removing the foreskin will conflict with the prohibition against cutting off a baheret.

26.

According to law, a circumcision must be performed on the eighth day of a baby's life. If, due to circumstances or even if intentionally, the circumcision was not performed on that day, it must be performed afterwards. Even so, the act is considered as a positive commandment and supersedes the prohibition against removing a baheret.

27.

This is a general principle applicable in other instances as well. See Hilchot Nizirut 7:15, Hilchot Yibbum 6:11, Hilchot Shechitah 13:19, et al. See also the following halachah.

28.

I.e., he becomes pure. He is required to undergo the purification process to be described in Chapter 11 and bring the sacrifices required of one who is purified from tzara’at as described in Hilchot Mechusrei Kapparah 1:3.

29.

Sefer HaMitzvot (positive commandment 112) and Sefer HaChinuch (mitzvah 171) count this charge as one of the 613 mitzvot of the Torah.

30.

The laws applying to a woman afflicted by tzara’at are mentioned in Halachah 8.

31.

The Rambam is employing the interpretation of the Hebrew termperu’a suggested by Rabbi Akiva in Mo’ed Kattan 15a. However, others interpret that term as meaning to let one’s hair grow unkempt. Indeed, in Sefer HaMitzvot (op. cit., see also negative commandment 163), the Rambam follows that interpretation.

32.

See Hilchot Evel 5:19.

33.

The verse mentions all the acts mentioned by the Rambam.

34.

As stated in the previous halachah. According to the Rambam’s ruling here, the negative commandment involved is the commandment for a priest not to have tom garments [see Hilchot K’lei HaMikdash 5:6; Hilchot Bi’at HaMikdash 1:10, Sefer HaMitzvot (negative commandment 164)]. As mentioned in those sources, there is a more severe dimension of this commandment relevant to the High Priest than to others and he is forbidden to have tom priestly garments.
As mentioned, there are others who interpret the term peru’a as leaving one’s hair unkempt. That is also forbidden to a High Priest (ibid.). According to these views, that prohibition is also superseded by the obligation mentioned here.

35.

See Hilchot Eve! 5:20.

36.

The Rambam is alluding to the three areas of Torah study: mikra (Scripture), Mishnah (the summary of Torah Law), and talmud (the in-depth study of Torah Law). See Hilchot Talmud Torah 1:11. Not only may this person study individually, he may teach others as well. See a parallel ruling regarding a person under a ban of ostracism (Hilchot Talmud Torah 7:4). A mourner, by contrast, is forbidden to study Torah (Hilchot Evel, Loc. cit.:1).

37.

As mourners are forbidden (ibid.).

38.

Even though there is a Rabbinic commandment to honor these days by washing and wearing special clean clothes in preparation (Hilchot Shabbat 30:2-3).

39.

There is a difference of opinion among the Sages (Mo’ed Kattan 7b) whether a person afflicted with tzara’at is permitted to engage in physical intimacy. However, other sources — including Nega’im 14:2 — indicate that the act is permitted and the Rambam favors their ruling (Kessef Mishneh). Support for the lenient view is drawn from the fact that King Yotam was conceived by his father, Uziyahu, during the time Uziyahu was afflicted with tzara’at. Uziyahu’s conduct can be used as a standard, because, although he sinned in desiring the High Priesthood, in general, he was a righteous man.

40.

Even though these latter activities are forbidden to mourners (Hilchot Evel, op. cit.). The Kessef Mishneh explains that Mo’ed Kattan 15b leaves the question whether or not these activities are forbidden unresolved. Therefore, the Rambam rules leniently. On that basis, the Kessef Mishneh questions why the Rambam does not mention that a person afflicted with tzara’at may perform work (although a mourner may not) for this question is also left unresolved in the above source.

41.

See Halachah 12. See also Rashi’s commentary to the prooftext which states that tzara’at comes as a punishment for malicious gossip. Since he caused separation between others, he is forced to live alone.

42.

See Hilchot Beit HaBechirah 7:13 which mentions this as one of the factors that cause the walled cities in Eretz Yisrael to be considered as holier than the remainder of the land.

43.

Sotah 23b derives this from Leviticus 13:44 which speaks of “a man afflicted by tzara’at.” That can be understood as an exclusion: a man and not a woman. Note Sefer HaMitzvot (positive commandment 112) speaks of an afflicted woman cloaking her face.

44.

A person whose genitalia are masked by a mound of flesh and it is impossible to detect his gender. See Hilchot Ishut 2:25.

45.

A person who has both male and female sexual organs (ibid.:24).

46.

Hence since the fulfillment of a Scriptural commandment is involved, they must adopt the stringency (Kessef Mishneh).

47.

The obligation for a person deemed impure because of tzara’at to shave his body and bring two fowl is described at the beginning of the following chapter.

48.

Nor must he cover his head or rend his garments. Tosafot Yom Tov adds that in isolation, a person need not cover his face. Moreover, a person who was isolated for tzara’at is not obligated to bring the sacrifices mentioned in Hilchot Mechusrei Kapparah, ch. 4, as is one who was deemed definitively impure (Kessef Mishneh).

49.

See the definition of this term in Hilchot Tuma’at Meit 5:7.

50.

See Hilchot Tuma’at Meit 1:5, 6:3; Hilchot Keilim 13:1-2.

51.

Even when the person carrying him never touched him, e.g., the impure person sat on a chair and another person carried the chair without touching him.

52.

Which itself does not contract ritual impurity.

53.

And thus he never touched the object on which he sat or lay.

54.

A man who has three successive emissions from his sexual organ similar to those resulting from a gonorrheal infection. (See Hilchot Mechusrei Kaparah 2:1-2).

55.

A woman who experienced uterine bleeding for three consecutive days at a time other than the days when she usually menstruates (ibid. 1:6).
With regard to the concept that such individuals impart impurity to the objects over which he lies or sits even if there is a substance intervening between them, see Hilchot Metamei Mishkav UMoshav 6:5.

56.

I.e., immerse in a mikveh.

57.

As recorded in the Sifra to that verse.

58.

See Hilchot Metamei Mishkav UMoshav, ch. 7, for more details regarding how impurity is imparted in this manner.

59.

For the tree is considered an ohel (“tent” or “shelter”). Since the person afflicted by tzara’at is standing there, it is considered as his “dwelling” and anyone or anything that is under it at the same time, even when he or it merely pass through, contracts impurity.

60.

Since the afflicted person only passed under the tree and did not stand there, it is not considered as his "dwelling." Hence, he does not impart impurity.

61.

The Kessef Mishneh gives two rationales for this ruling: a) Nega’im 5:1 states: “All doubtful situations regarding blemishes are pure;” b) since the tree is located in the public domain, the principle “any doubtful situation in the public domain is pure” can be applied.

62.

When a person inserts his head and the majority of his body into a structure, it is considered as if he inserted his entire body [the Rambam’s Commentary to the Mishnah (Nega’im 13:8)).

63.

A partition of this height, encompassing this area, creates a separate domain for him, even though he is visible to the others praying there [the Rambam’s Commentary to the Mishnah (Nega’im 13:8)).

64.

By touching them, alternatively, by pausing to stand and causing the structure to become his dwelling (ibid.:12). Because of the first rationale, this restriction should also be applied to other impure people [ibid. (Zavim 3:2)].

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.