Rambam - 1 Chapter a Day - Daily Torah Study

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

Footnotes

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].

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

As would be necessary had they contracted impurity.

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.

Talmudic measure equivalent to a kilometer according to Shiurei Torah.

Which implies that he is not following immediately.

That imparts impurity to it.

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).

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,.

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Metamme'ey Mishkav uMoshav - Chapter 13

Metamme'ey Mishkav uMoshav - Chapter 13

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