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Metamme'ey Mishkav uMoshav - Chapter 10

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Metamme'ey Mishkav uMoshav - Chapter 10

1An unlearned person,1 even though he is Jewish and observant of the Torah and its mitzvot, is assumed to be impure and his clothes are considered a midras2 if they come into contact with pure substances. If his clothes touch food or liquids, they are impure. If he touches an earthenware container from the inside,3 he imparts impurity to it. Terumah should be burnt4 if such a person touches it, even though his impurity is of doubtful status.5 The word of such persons is not accepted6 regarding the status of pure articles,7 because they are not knowledgeable regarding the intricacies of the laws of purity and impurity.8 We continue to operate under this presumption and the person’s word is not accepted until he resolves to accept the restrictions of a chavair.9אעַם הָאָרֶץ, אַף עַל פִּי שֶׁיִּשְׂרָאֵל הוּא וְיֶשְׁנוֹ בַּתּוֹרָה וּבַמִּצְווֹת - הֲרֵי הוּא בְּחֶזְקַת טָמֵא, וּבְגָדָיו מִדְרָס לִטְהָרוֹת. וְאִם נָגְעוּ בְגָדָיו בְּאֹכָלִין וּמַשְׁקִין, הֲרֵי הֵן טְמֵאִין; וְאִם נָגַע בִּכְלִי חֶרֶס מֵאֲוִירוֹ, טִמְּאָהוּ. וְשׂוֹרְפִין אֶת הַתְּרוּמָה עַל מַגָּעָן, אַף עַל פִּי שֶׁטֻּמְאָתָן בְּסָפֵק. וְאֵינָן נֶאֱמָנִין עַל הַטְּהָרוֹת, לְפִי שֶׁאֵינָן בְּקִיאִין בְּדִקְדּוּקֵי טְהָרוֹת וְטֻמְאוֹת; וּלְעוֹלָם הוּא בַּחֲזָקָה זוֹ, וְאֵינוֹ נֶאֱמָן עַל הַטְּהָרוֹת עַד שֶׁיְּקַבֵּל עָלָיו דִּבְרֵי חֲבֵרוּת.
What is meant by the restrictions of a chavair that he must resolve to accept? That he be careful with regard to sources of impurity, not to contract impurity from them; that he be careful with regard to pure articles that he not impart impurity to them; that he be careful with regard to washing hands and maintaining their purity; that he not take moist foods10 from an unlearned person; that he not accept his hospitality; nor offer hospitality to him while the unlearned person is wearing his own garments.וּמַה הֵן דִּבְרֵי חֲבֵרוּת? שֶׁיְּקַבֵּל עָלָיו שֶׁיְּהֵא נִזְהָר בַּטֻּמְאוֹת שֶׁלֹּא יִטַּמָּא בָּהֶן, וּבַטְּהָרוֹת שֶׁלֹּא יְטַמֵּא אוֹתָן, וְיִזָּהֵר בִּנְטִילַת יָדַיִם וּבְטָהֳרָתָן, שֶׁלֹּא יִקַּח מֵעַם הָאָרֶץ דָּבָר לַח, וְלֹא יִתְאָרַח אֶצְלוֹ, וְלֹא יְאָרְחוֹ אֶצְלוֹ בִּכְסוּתוֹ.
2When a person seeks to accept upon himself all the practices of a chavair except one, he is not accepted. If we see he carries out these practices privately in his own home, we accept him and then we teach him the concepts of impurity and purity. If we do not see him conducting himself in this manner privately at home, we teach him and then11 we accept him. First, a person is accepted with regard to maintaining the purity of his hands.12 Afterwards, he is accepted with regard to dealing with pure objects. If he said: “I only accept upon myself, the purity of hands,” he is accepted.13 If he sought to accept the restrictions regarding pure objects, but not those that apply to the purity of hands, we do not accept him, even for pure objects. When he is accepted, we are cautious with regard to his conduct for 30 days until he learns the intricacies of the laws and is used to dealing with pure objects. Once 30 days have passed since he accepted the customs of a chavair, his clothes are considered as pure and all of his food and liquids are considered as pure. His word is accepted with regard to pure objects like all other chavairim even though he is not a Torah scholar.בהַבָּא לְקַבֵּל דִּבְרֵי חֲבֵרוּת חוּץ מִדָּבָר אֶחָד מֵהֶן, אֵין מְקַבְּלִין אוֹתוֹ. רְאִינוּהוּ שֶׁנּוֹהֵג בְּצִנְעָה בְּתוֹךְ בֵּיתוֹ, מְקַבְּלִין אוֹתוֹ וְאַחַר כָּךְ מְלַמְּדִין אוֹתוֹ עִסְקֵי טֻמְאָה וְטָהֳרָה; וְאִם לֹא רְאִינוּהוּ שֶׁנּוֹהֵג בְּצִנְעָה בְּבֵיתוֹ, מְלַמְּדִין אוֹתוֹ וְאַחַר כָּךְ מְקַבְּלִין אוֹתוֹ. וּמְקַבְּלִין אוֹתוֹ תְּחִלָּה לְטָהֳרַת הַיָּדַיִם, וְאַחַר כָּךְ מְקַבְּלִין אוֹתוֹ לַטְּהָרוֹת. וְאִם אָמַר "אֵינִי מְקַבֵּל אֶלָּא לְטָהֳרַת הַיָּדַיִם", מְקַבְּלִין אוֹתוֹ; קִבֵּל לַטְּהָרוֹת וְלֹא לַיָּדַיִם, אַף לַטְּהָרוֹת אֵין מְקַבְּלִין אוֹתוֹ. כְּשֶׁמְּקַבְּלִין אוֹתוֹ, חוֹשְׁשִׁין לוֹ כָּל שְׁלֹשִׁים יוֹם, עַד שֶׁיִּלְמַד וְיִהְיֶה רָגִיל בַּטְּהָרוֹת. וְאַחַר שְׁלֹשִׁים יוֹם מִשֶּׁיְּקַבֵּל דִּבְרֵי חֲבֵרוּת - הֲרֵי בְּגָדָיו טְהוֹרִין, וְכָל אֹכָלָיו וּמַשְׁקָיו טְהוֹרִין, וְנֶאֱמָן עַל כָּל הַטְּהָרוֹת כִּשְׁאָר הַחֲבֵרִים, וְאַף עַל פִּי שֶׁאֵינוֹ תַּלְמִיד חָכָם.
3Torah scholars are assumed to be chavairim. Their word is accepted regarding pure articles and they do not have to undertake a formal acceptance of the practices of chaveirim. Nevertheless, after the destruction of the Temple, the priests adopted an additional measure of stringency among themselves and they would not give pure objects to anyone, even Torah scholars, until they formally accepted the practices of chaveirim.גתַּלְמִידֵי חֲכָמִים - הֲרֵי הֵן בְּחֶזְקַת טָהֳרָה, נֶאֱמָנִין, וְאֵינָן צְרִיכִין לְקַבֵּל דִּבְרֵי חֲבֵרוּת; אֲבָל מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ, נָהֲגוּ כֹהֲנִים סִלְסוּל בְּעַצְמָן - שֶׁלֹּא יְהוּ מוֹסְרִין טְהָרוֹת אֲפִלּוּ לְתַלְמִידֵי חֲכָמִים, עַד שֶׁיְּקַבֵּל עָלָיו דִּבְרֵי חֲבֵרוּת.
4An elder who is a member of a Talmudic academy does not need to formally accept these practices,14 for he already accepted them at the time he became a member of the academy.15דזָקֵן וְיוֹשֵׁב בִּישִׁיבָה - אֵינוֹ צָרִיךְ לְקַבֵּל, שֶׁכְּבָר קִבֵּל בְּשָׁעָה שֶׁיָּשַׁב.
5When a person seeks to accept the practices of a chavair, he must formalize this acceptance in the presence of three chaveirim. His sons and the members of his household need not formalize this acceptance in the presence of three chaveirim, because he will teach them and train them in the ways of purity.16 The wife of a chavair, his sons, the members of his household, and his servants are considered like a chavair. If a chavair dies, his wife, his sons, and the members of his household are considered as chavairim until their conduct arouses suspicion.17ההַמְקַבֵּל דִּבְרֵי חֲבֵרוּת, צָרִיךְ לְקַבֵּל בִּפְנֵי שְׁלֹשָׁה חֲבֵרִים. וּבָנָיו וּבְנֵי בֵיתוֹ אֵינָן צְרִיכִין לְקַבֵּל בִּפְנֵי שְׁלֹשָׁה, מִפְּנֵי שֶׁהוּא מְלַמְּדָן וּמַרְגִּילָן בְּדֶרֶךְ טָהֳרָה. וְאֵשֶׁת חָבֵר וּבָנָיו וּבְנֵי בֵיתוֹ וַעֲבָדָיו, הֲרֵי הֵן כְּחָבֵר; וְחָבֵר שֶׁמֵּת - אִשְׁתּוֹ וּבָנָיו וּבְנֵי בֵיתוֹ בְּחֶזְקַת חֲבֵרִים, עַד שֶׁיֵּחָשְׁדוּ.
6When the widow18 of an unlearned person or the daughter of one marries a chavair or the servant of a such a person is sold to a chavair, the woman or the servant must accept the practices of a chavair as at the outset.19 When, by contrast, the widow of a chavair or his daughter marries an unlearned person or his servant is sold to an unlearned person, there is no need for them to accept the practices of a chavair as at the outset.20ואֵשֶׁת עַם הָאָרֶץ אוֹ בִתּוֹ שֶׁנִּשֵּׂאת לְחָבֵר, וְכֵן עַבְדּוֹ שֶׁנִּמְכַּר לְחָבֵר - הֲרֵי אֵלּוּ צְרִיכִין לְקַבֵּל עֲלֵיהֶן דִּבְרֵי חֲבֵרוּת כְּבַתְּחִלָּה; אֲבָל אֵשֶׁת חָבֵר אוֹ בִתּוֹ שֶׁנִּשֵּׂאת לְעַם הָאָרֶץ, וְכֵן עַבְדּוֹ שֶׁנִּמְכַּר לְעַם הָאָרֶץ - אֵין צְרִיכִין לְקַבֵּל דִּבְרֵי חֲבֵרוּת כְּבַתְּחִלָּה.
7When an unlearned person accepts the practices of a chavair, but had pure articles that remained from the time that he was unlearned, although he says: “I know with certainty that they did not contract impurity when others were involved with them,”21 they are forbidden,22 as was their status initially. If he personally was involved with these pure articles before his status changed, the articles are permitted to him,23 but they are forbidden to all others.24 A chavair may be asked about the state of his pure articles and he may rule in his own favor, that they are permitted. We do not harbor suspicions about him in this context.25זעַם הָאָרֶץ שֶׁקִּבֵּל עָלָיו דִּבְרֵי חֲבֵרוּת, וְהָיוּ לוֹ טְהָרוֹת כְּשֶׁהָיָה עַם הָאָרֶץ, וְאָמַר "אֲנִי יוֹדֵעַ וַדַּאי שֶׁלֹּא נִטְמְאוּ" - בִּזְמַן שֶׁנִּתְעַסְּקוּ בָהֶן אֲחֵרִים, הֲרֵי הֵן אֲסוּרוֹת כְּשֶׁהָיוּ מִקֹּדֶם; וְאִם הוּא בְּעַצְמוֹ נִתְעַסֵּק בָּהֶן - הֲרֵי הֵן מֻתָּרוֹת לוֹ, וַאֲסוּרוֹת לְכָל אָדָם. וְנִשְׁאָל הֶחָבֵר עַל טָהֳרוֹתָיו, וּמוֹרֶה בָהֶן טָהֳרָה לְעַצְמוֹ; וְאֵין חוֹשְׁדִין אוֹתוֹ בְּכָךְ.
8When a chavair becomes a tax collector, a collector of customs duty,26 or the like, he is stripped of his status as a chavair.27 If he abandons his evil deeds, he is considered as every other person. He must accept the practices of a chavair as at the outset.28חחָבֵר שֶׁנַּעֲשָׂה גַּבַּאי לַמֶּלֶךְ, אוֹ מוֹכְסָן, וְכַיּוֹצֵא בָהֶן - דּוֹחִין אוֹתוֹ מֵחֲבֵרוּתוֹ; פֵּרֵשׁ מִמַּעֲשָׂיו הָרָעִים - הֲרֵי הוּא כְּכָל אָדָם, וְצָרִיךְ לְקַבֵּל דִּבְרֵי חֲבֵרוּת כְּבַתְּחִלָּה.
9When an unlearned person accepted the practices of a chavair and then becomes suspect with regard to a particular matter,29 he is suspect only with regard to that particular matter.30 Nevertheless, one who became suspect with regard to a severe matter is suspect with regard to a slighter matter.31 If he becomes suspect for a slight matter, he is not considered suspect for a more severe matter.32טעַם הָאָרֶץ שֶׁקִּבֵּל עָלָיו דִּבְרֵי חֲבֵרוּת, וְנֶחְשַׁד לְדָבָר אֶחָד - אֵינוֹ חָשׁוּד אֶלָּא לְאוֹתוֹ דָבָר. וְכָל הֶחָשׁוּד לֶחָמוּר, נֶחְשָׁד עַל הַקַּל; לַקַּל, לֹא נֶחְשָׁד לֶחָמוּר.
10When a chavair becomes suspect with regard to permissiveness in connection with ritually pure articles, e.g., he sold ritually impure foods with the presumption that they were pure, he is no longer considered as trustworthy33 until it becomes known that he repented completely.יחָבֵר שֶׁנֶּחְשַׁד עַל הַטְּהָרוֹת, כְּגוֹן שֶׁמָּכַר אֹכָלִין טְמֵאִין בְּחֶזְקַת שֶׁהֵן טְהוֹרִין - הֲרֵי זֶה אֵינוֹ נֶאֱמָן לְעוֹלָם, עַד שֶׁיִּוָּדַע שֶׁחָזַר בִּתְשׁוּבָה גְמוּרָה.
11When a person is suspect with regard to the violation of the laws regarding the Sabbatical year or with regard to selling Terumah as ordinary produce, he is considered to be suspect with regard to violating the restrictions concerning ritual purity. For a person who is suspect with regard to a Scriptural prohibition is considered suspect with regard to Rabbinic safeguards. And impure foods impart impurity to other entities only by virtue of Rabbinic decree, as will be explained. Any person who is suspect with regard to a particular matter34 is, nevertheless, permitted to deliver testimony regarding such a matter with regard to others and to serve as a judge with regard to others. The rationale is that we operate under the assumption that a person will not transgress so that others will benefit.35יאהֶחָשׁוּד עַל הַשְּׁבִיעִית אוֹ עַל הַתְּרוּמָה, שֶׁמְּכָרָן לְשֵׁם חֻלִּין - הֲרֵי זֶה חָשׁוּד עַל הַטְּהָרוֹת; שֶׁהֶחָשׁוּד עַל דָּבָר שֶׁל תּוֹרָה, הֲרֵי הוּא חָשׁוּד עַל דִּבְרֵי סוֹפְרִים, וְהָאֹכָלִין הַטְּמֵאִין אֵין מְטַמְּאִין אֲחֵרִים אֶלָּא מִדִּבְרֵיהֶם, כְּמוֹ שֶׁיִּתְבָּאֵר. וְכָל הֶחָשׁוּד עַל דָּבָר - נֶאֱמָן לְהָעִיד בּוֹ לַאֲחֵרִים, וְלָדוּן בּוֹ לַאֲחֵרִים; חֲזָקָה הִיא שֶׁאֵין אָדָם חוֹטֵא כְּדֵי שֶׁיֵּהָנוּ בוֹ אֲחֵרִים.

Quiz Yourself on Metamme'ey Mishkav uMoshav Chapter 10

Footnotes
1.

The term literally means “people of the land,” i.e., common people who are generally given over to mundane pursuits.

2.

An article on which a zav or one who imparts a similar impurity sat or lied upon, or was supported by in another way. In this instance, we fear that the unlearned person’s wife sat on the person’s clothes while she was in the nidah state (Chulin 35b).

3.

If, however, he touches it from the outside, it is insignificant, because an earthenware container contracts impurity only from its inside. See Chapter 8, Halachot 3-4, and notes.

4.

As is impure terumah.

5.

I.e., we are not certain that the unlearned person is impure. Now, there is a prohibition against destroying pure terumah unnecessarily. For that reason, generally, if there was a question whether terumah contracted ritual impurity, it was put aside and not burnt until it is certain that it contracted impurity. Nevertheless, in this instance, our Sages decreed that the terumah should be burnt. From here, we see the intent is that the Sages did not merely suspect that the unlearned people were impure, they assumed that they were impure (Likkutei Sichot). See further discussion of this issue in Hilchot Sh’ar Avot HaTum’ah 13:13.

6.

l. e., whether the articles contracted impurity or not.

7.

F oods or utensils.

8.

l. e., we do not suspect that the person would lie. Instead, the likelihood is that he or she will simply be unaware that a food or a utensil became impure.

9.

In his Commentary to the Mishnah (Demai 2:3), the Rambam explains that this term is used because, as indicated by the following halachah, the term refers to Torah scholars. Chavair means “friend.” This term is appropriate to be used with regard to Torah scholars. Since their friendship is based on the Torah, it is true friendship, for its motivation is for the sake of heaven.

10.

Until produce was touched by water, it is not susceptible to ritual impurity. Hence it is permissible to take produce that is dry from an unlearned person. Similarly, there is no restriction against selling him such produce (see Kessef Mishneh).

11.

In a place where it is obvious that he is carrying out these deeds as a result of a genuine commitment and not out of a desire to impress others.

12.

I.e., he will wash his hands in the ritual manner before touching terumah.

13.

For this is the primary aspect associated with eating ordinary foods in a state of ritual purity. Indeed, it is of such great importance, the person is not considered to have “accepted all the restrictions of a chavair except one,” because any and all matters that are not included in this restriction are secondary in nature (Kessef Mishneh).

14.

I.e., even in the era after the destruction of the Temple, such a person could be relied on even though it was unknown whether he formally accepted these restrictions.

15.

For a person would not be accepted into the academy unless he agreed to accept these restrictions.

16.

He has no choice, for he will not be able to maintain his observance of these precepts unless it is shared by the members of his household.

17.

I.e., their conduct indicates that they are no longer mindful of these restrictions.

18.

Or his divorcee.

19.

The acceptance must be formalized in the presence of three chaveirim and there is a 30 day interim period for them to become familiar with these practices.

20.

We assume that they will continue observing the practices that they followed previously.

21.

I.e., in the time when he had not yet achieved the status of a chavair, other unlearned people had also touched these pure articles. He was familiar with their personal circumstances and relied on their word that they had not imparted impurity to the pure articles.

22.

I.e., considered impure. For the word of an unlearned person is not accepted by a chavair.

23.

l. e., if he knows that he was pure at the time that he was involved with them, even after his status changes, he may rely on that knowledge and consider the articles as pure.

24.

l. e., other chaveirim must regard the foods as impure, because their status is dependent on the knowledge of a person who was “unlearned” at the time.

25.

Although in other contexts, e.g., whether his firstborn animals have contracted a disqualifying blemish, a scholar is not allowed to issue halachic rulings with regard to his own possessions, in this instance, we accept his rulings (Bechorot 31a).

26.

This term refers to a practice common in the Roman era in which a person would pay the tax duty for a particular region to the king in advance. He would then collect that duty—and more—from the inhabitants of that region. Since he is making a profit, and in most instances, an inordinate profit, from the inhabitants, he is considered as a robber and disqualified as a witness (see Hilchot Edut 10:4). The Sefer Me'irat Einayim, Choshen Mishpat 34:34 interprets this term slightly differently, explaining that it refers to customs collectors and income tax collectors. Since the rules governing these duties are not so clear cut and it is possible for the collector to overcharge, it is suspected that he will do so and keep the remainder for himself.

27.

The collectors of a fixed head tax or property tax.

28.

l. e., he does not revert to his initial status automatically. Instead, he must make a formal acceptance of these practices and go through an initial period of acclimatization before his word is accepted, as stated in Halachot 2 and 5.

29.

l. e., there was reason to suspect that he did not observe a certain dimension of the laws of ritual purity.

30.

He is not suspect to have abandoned the observance of ritual purity entirely.

31.

If he is willing to violate a more severe restriction, his fear of heaven will not be strong enough to prevent him from violating a lesser one.

32.

For we assume that his fear of heaven will prevent him from such a violation.

33.

With regard to any matter of ritual purity.

34.

As long as it is not known that he violated a prohibition punishable by lashes, in which instance, his testimony is disqualified, as stated in Hilchot Edut 10:2.

35.

Hence although he might violate the transgression involved for his own benefit, we do not cast aspersions on his testimony or judgment with regard to others. This is a general principle, applicable in many different contexts in Jewish Law; see, for example, Hilchot Ma’aser 12:17, Hilchot Shemitah 8:17, Hilchot Edut 11:8.
In those sources—and here—the Ra’avad differs with the Rambam’s ruling and cites sources which appear to indicate that the suspect person’s word is not accepted at all, not with regard to his own matters, nor with regard to those involving another person. In the places cited, the Radbaz and the Kessef Mishneh provide explanations that justify the Rambam’s ruling.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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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.