ב"ה
Rambam - 1 Chapter a Day
Parah Adumah - Chapter 7
Parah Adumah - Chapter 7
1The performance of work disqualifies water that was drawn for the ashes of the red heifer before it is sanctified, but it does not disqualify the sprinkling of the ashes. These rulings are stated in the Oral Tradition.1אהַמְּלָאכָה פּוֹסֶלֶת בַּמַּיִם קֹדֶם שֶׁיִּתְקַדְּשׁוּ, וְאֵינָהּ פּוֹסֶלֶת בַּהַזָּאָה. וּדְבָרִים אֵלּוּ הֵן דִּבְרֵי קַבָּלָה.
What is implied? If one draws water for sanctification with the ashes and was involved with another activity while drawing it, carrying the water that was drawn, or pouring it from one container to another, he disqualifies it. The performance of an activity disqualifies the water until the ashes are placed on it. If one placed the ashes on the water and sanctified it, causing it to be fit for sprinkling, the performance of another activity does not disqualify it. If one carries sanctified water from place to place or pours it from one container to another while being occupied with another activity, it is of no consequence. This also applies if one sprinkles it with one hand and performs an activity with the other hand.כֵּיצַד? הַמְמַלֵּא מַיִם לְקִדּוּשׁ, וְנִתְעַסֵּק בִּמְלָאכָה אַחֶרֶת בִּשְׁעַת הַמִּלּוּי אוֹ בִּשְׁעַת הוֹלָכַת הַמַּיִם שֶׁמְּמַלֵּא אוֹ בְּעֵת שֶׁמְּעָרֶה אוֹתָן מִכְּלִי אֶל כְּלִי - פְּסָלָן. לְעוֹלָם הַמְּלָאכָה פּוֹסֶלֶת בַּמַּיִם, עַד שֶׁיַּטִּיל לָהֶן אֶת הָאֵפֶר. הִטִּיל אֶת הָאֵפֶר, וְנִתְקַדְּשׁוּ וְנַעֲשׂוּ מֵי נִדָּה - אֵין הַמְּלָאכָה פּוֹסֶלֶת בָּהֶן. אֶלָּא הַמּוֹלִיךְ הַמַּיִם הַמֻּקְדָּשִׁין, אוֹ מְעָרֶה אוֹתָן מִכְּלִי לִכְלִי, וְהוּא עוֹסֵק בִּמְלָאכָה אַחֶרֶת, אֵין בְּכָךְ כְּלוּם. וְכֵן מַזֶּה מֵהֶן בְּיָדוֹ אַחַת, וְהוּא עוֹשֶׂה מְלָאכָה בְּיָדוֹ הָאַחֶרֶת.
2The payment of a wage disqualifies the sanctification of the water and the sprinkling of it, but it does not disqualify the drawing of it.בהַשָּׂכָר פּוֹסֵל בַּקִּדּוּשׁ וּבַהַזָּיָה, וְאֵינוֹ פּוֹסֵל בַּמִּלּוּי.
What is implied? When one takes a wage for sanctifying the water for the ashes of the red heifer or sprinkling it, the water is considered as the water of a cavern2 and the ashes, as ashes from a range,3 which are of no halachic significance. One may, however, take a wage for drawing the water or transporting it. One should sanctify it without charge and the one who sprinkles it, should sprinkle it without charge.כֵּיצַד? הַנּוֹטֵל שְׂכָרוֹ לְקַדֵּשׁ מֵי חַטָּאת, אוֹ לְהַזּוֹת מֵהֶן - הֲרֵי אוֹתָן הַמַּיִם כְּמֵי הַמְּעָרָה, וְהָאֵפֶר כְּאֵפֶר מִקְלֶה, שֶׁאֵינוֹ כְּלוּם. אֲבָל נוֹטֵל הוּא שָׂכָר לְמַלֹּאות הַמַּיִם, אוֹ לְהוֹלִיכָן. וּמְקַדְּשִׁין אוֹתָן בְּחִנָּם, וּמַזֶּה מֵהֶן הַמַּזֶּה בְּחִנָּם.
If the one sanctifying or sprinkling the water was old and unable to walk and an impure person came and asked him to go with him to a distant place to sanctify such water or sprinkle it, he may have him ride on a donkey and pay him a wage as befits an unemployed worker who had previously worked at that profession.4 Similarly, if he was a priest and because he would accompany him,5 he would contract an impurity that prevents him from partaking of terumah,6 he should feed him, give him beverages, and oil to anoint himself7 during the time he travels with him to sanctify or sprinkle the water. If he causes him to cease working, he should pay him a wage as befits an unemployed worker who had previously worked at that profession. The rationale is that all of these considerations are not wages he is being paid for sanctifying or sprinkling the water, for he did not profit at all. He only took compensation for what he lost.הָיָה הַמְקַדֵּשׁ אוֹ הַמַּזֶּה זָקֵן שֶׁאֵינוֹ יָכוֹל לְהַלֵּךְ עַל רַגְלָיו, וּבָא הַטָּמֵא וּבִקֵּשׁ מִמֶּנּוּ לַהֲלוֹךְ עִמּוֹ בְּמָקוֹם רָחוֹק לְקַדֵּשׁ אוֹ לְהַזּוֹת - הֲרֵי זֶה מַרְכִּיבוֹ עַל הַחֲמוֹר, וְנוֹתֵן לוֹ שְׂכָרוֹ כְּפוֹעֵל בָּטֵל שֶׁבָּטֵל מֵאוֹתָהּ מְלָאכָה שֶׁבִּטְּלוֹ מִמֶּנָּה. וְכֵן אִם הָיָה כֹּהֵן, וְהָיָה טָמֵא [מִטַּמֵּא] בְּטֻמְאָה הַמּוֹנַעְתּוֹ מִלֶּאֱכוֹל תְּרוּמָתוֹ בְּעֵת שֶׁיֵּלֵךְ עִמּוֹ לְהַזּוֹת אוֹ לְקַדֵּשׁ - הֲרֵי זֶה מַאֲכִילוֹ וּמַשְׁקֵהוּ וְסָכוֹ. וְאִם בִּטְּלוֹ מִמְּלָאכָה - נוֹתֵן לוֹ שְׂכָרוֹ כְּפוֹעֵל בָּטֵל שֶׁל אוֹתָהּ מְלָאכָה. שֶׁכָּל אֵלּוּ הַדְּבָרִים אֵינָן שָׂכָר שֶׁנִּשְׂתַּכֵּר בַּקִּדּוּשׁ אוֹ בַּהַזָּאָה, שֶׁהֲרֵי לֹא הִרְוִיחַ כְּלוּם וְלֹא נָטַל אֶלָּא כְּנֶגֶד מַה שֶּׁהִפְסִיד.
3When a person draws water with one hand and performs work with his other hand, the water is unacceptable. Similarly, if he drew water for himself and for another person or he drew water for two people at the same time,8 both are unacceptable. For drawing water is considered as work.9 Thus during each of the drawings of water, it is as if he performed another task at that time. And we have already stated10 that the performance of an activity disqualifies the drawing of water, whether one draws for himself or for others.גהַמְמַלֵּא בְּאַחַת יָדוֹ וְעוֹשֶׂה מְלָאכָה בְּיָדוֹ הָאַחֶרֶת, אוֹ הַמְמַלֵּא לוֹ וּלְאַחֵר, אוֹ שֶׁמִּלֵּא לִשְׁנַיִם כְּאַחַת - שְׁנֵיהֶן פְּסוּלִין; שֶׁהַמִּלּוּי מְלָאכָה, וְנִמְצָא כָּל מִלּוּי מִשְּׁנֵיהֶם כְּאִלּוּ עָשָׂה עִמּוֹ מְלָאכָה אַחֶרֶת. וּכְבָר הוֹדַעְנוּ שֶׁהַמְּלָאכָה פּוֹסֶלֶת בַּמִּלּוּי, בֵּין שֶׁמִּלֵּא לְעַצְמוֹ בֵּין שֶׁמִּלֵּא לַאֲחֵרִים.
4When a person draws water for the ashes of the red heifer for others—even if he filled one thousand barrels one after the other for one thousand different people11 —they are all acceptable.12 Each person should take his water and sanctify it.דהַמְמַלֵּא לַאֲחֵרִים, אֲפִלּוּ מִלֵּא אֶלֶף חָבִיּוֹת זוֹ אַחַר זוֹ לְאֶלֶף בְּנֵי אָדָם - כֻּלָּן כְּשֵׁרִים, וְכָל אֶחָד מֵהֶן נוֹטֵל הַמַּיִם שֶׁלּוֹ וּמְקַדְּשָׁן.
The following rules apply if one drew water for himself, one barrel after another. If he intended to collect all the water in one container, cast the ashes upon it, and sanctify all at once, it is all acceptable, for it is all considered as one drawing of water.13מִלֵּא לְעַצְמוֹ חָבִית אַחַר חָבִית: אִם נִתְכַּוֵּן לְקַבֵּץ כָּל הֶחָבִיּוֹת לִכְלִי אֶחָד וּלְהַשְׁלִיךְ עֲלֵיהֶן אֶת הָאֵפֶר, וּמְקַדְּשָׁן קִדּוּשׁ אֶחָד - כֻּלָּן כְּשֵׁרִים, שֶׁהַכֹּל מִלּוּי אֶחָד הוּא.
If, however, he intended to sanctify every barrel individually, they are all unacceptable except for the last one. The rationale is that the first becomes disqualified due to the work—i.e., the drawing of the second barrel—that was performed before it was sanctified. Similarly, the second is disqualified by the drawing of the third. Thus it is only the last which is acceptable.14אֲבָל אִם נִתְכַּוֵּן לְקַדֵּשׁ כָּל חָבִית וְחָבִית בִּפְנֵי עַצְמָהּ - כֻּלָּן פְּסוּלִין, חוּץ מִן הָאַחֲרוֹנָה; שֶׁהָרִאשׁוֹנָה נִפְסֶלֶת בַּמְּלָאכָה שֶׁעָשָׂה קֹדֶם שֶׁיְּקַדֵּשׁ, וְהוּא מִלּוּי הַשְּׁנִיָּה, וְכֵן הַשְּׁנִיָּה נִפְסֶלֶת בְּמִלּוּי הַשְּׁלִישִׁית, וְאֵין כְּשֵׁרָה אֶלָּא אַחֲרוֹנָה.
5When five people fill five barrels with spring water to sanctify them for five different sanctifications, e.g., they intended to cast the ashes on each one individually and then changed their minds and decided to mix them all together and sanctify them at once; alternatively, they filled the barrels to sanctify them all in one container and then changed their minds and decided to sanctify each of the five independently, they are all acceptable, because the person drawing the water did not become involved in drawing other water afterwards. When, by contrast, an individual fills five barrels to sanctify each of the five independently, only the last one is acceptable, even if he changed his mind and decided to sanctify all the water in one container.15החֲמִשָּׁה שֶׁמִּלְּאוּ חָמֵשׁ חָבִיּוֹת לְקַדְּשָׁן חֲמִשָּׁה קִדּוּשִׁין, כְּגוֹן שֶׁיַּשְׁלִיךְ הָאֵפֶר עַל כָּל אַחַת וְאַחַת בִּפְנֵי עַצְמוֹ, וְנִמְלְכוּ לְעָרְבָן וּלְקַדְּשָׁן כֻּלָּן קִדּוּשׁ אֶחָד, אוֹ שֶׁמִּלְּאוּם לְקַדְּשָׁן קִדּוּשׁ אֶחָד וְנִמְלְכוּ לְקַדְּשָׁן חֲמִשָּׁה קִדּוּשִׁין - כֻּלָּן כְּשֵׁרִין, שֶׁהֲרֵי לֹא נִתְעַסֵּק הַמְמַלֵּא בְּמִלּוּי אַחֵר. אֲבָל הַיָּחִיד שֶׁמִּלֵּא חָמֵשׁ חָבִיּוֹת לְקַדְּשָׁן חֲמִשָּׁה קִדּוּשִׁין, אַף עַל פִּי שֶׁחָזַר וְנִמְלַךְ לְקַדְּשָׁן קִדּוּשׁ אֶחָד - אֵין כָּשֵׁר אֶלָּא אַחֲרוֹן;
If he filled the barrels to sanctify all the water in one container and he changed his mind and sanctified each of the five individually, only the one that he sanctified first16 is acceptable.17 Similarly, if a person told a colleague: “Sanctify these18 for yourself,” only the bucket that is sanctified first is acceptable.19 If, however, he told him: “Sanctify these for me,” they are all acceptable, because they were all filled to be sanctified in one container.20 Even though he changed his mind and decided to sanctify each of the five individually, he himself did not perform the sanctification, someone else did.21מִלְּאָן לְקַדְּשָׁן קִדּוּשׁ אֶחָד, וְנִמְלַךְ לְקַדְּשָׁן חֲמִשָּׁה קִדּוּשִׁין - אֵין כָּשֵׁר אֶלָּא זוֹ שֶׁקִּדֵּשׁ בַּתְּחִלָּה. וְכֵן אִם אָמַר לְאַחֵר "קַדֵּשׁ לְךָ אֶת אֵלּוּ" - אֵין כָּשֵׁר אֶלָּא זוֹ שֶׁנִּתְקַדְּשָׁה מֵהֶן בַּתְּחִלָּה. אֲבָל אִם אָמַר לוֹ "קַדֵּשׁ לִי אֶת אֵלּוּ" - הֲרֵי כֻּלָּן כְּשֵׁרִין, שֶׁהֲרֵי לְקִדּוּשׁ אֶחָד מִלְּאָן, וְאַף עַל פִּי שֶׁנִּמְלַךְ עָלֶיהָ לְקַדְּשָׁהּ חֲמִשָּׁה קִדּוּשִׁין - הֲרֵי לֹא קִדֵּשׁ הוּא, אֶלָּא אַחֵר קִדֵּשׁ לוֹ.
6When a person seeks to draw water to sanctify it and other water for his own purposes, he should draw the water he desires for his own purposes first and tie the barrels and load them behind him.22 Afterwards, he fills the buckets he intended to use for the water for the ashes of the red heifer so that he will not be involved in any work after drawing it. He places it in front of him,23 and proceeds.והָרוֹצֶה לְמַלֹּאות מַיִם לְקַדְּשָׁן וּמַיִם אֲחֵרִים לִצְרָכָיו - מְמַלֵּא אֶת שֶׁל צְרָכָיו תְּחִלָּה, וְקוֹשְׁרָן וְטוֹעֲנָן לַאֲחוֹרָיו, וְאַחַר כָּךְ מְמַלֵּא אֶת שֶׁל חַטָּאת, כְּדֵי שֶׁלֹּא יִתְעַסֵּק בִּמְלָאכָה אַחַר הַמִּלּוּי, וְנוֹתְנָם לְפָנָיו וְהוֹלֵךְ.
7The following laws apply when two people were drawing water individually and one helped the other lift his water to load it on his back24 or one removed a thorn from the other’s hand or body when he was drawing the water. If they both drew the water to sanctify it in a single container, all of the water is acceptable.25 If each of them drew the water to sanctify it independently, the one who helped his colleague lift his water or removed the thorn, disqualified his own water.26זשְׁנַיִם שֶׁהָיוּ מְמַלְּאִין כָּל אֶחָד וְאֶחָד לְעַצְמוֹ, וְהִגְבִּיהוּ זֶה עַל זֶה, וְנָטַל זֶה לְזֶה קוֹץ מִיָּדוֹ אוֹ מִגּוּפוֹ בִּשְׁעַת מִלּוּאוֹ: אִם מִלְּאוּ שְׁנֵיהֶם לְקִדּוּשׁ אֶחָד, הַמַּיִם כְּשֵׁרִים; וְאִם מִלְּאוּ לְקַדֵּשׁ כָּל אֶחָד לְעַצְמוֹ, זֶה שֶׁהִגְבִּיהַּ אוֹ הוֹצִיא אֶת הַקּוֹץ פָּסַל מֵימָיו.
8When a person borrows a rope to draw water for the ashes of the red heifer, draws the water, takes the rope in his hand,27 and the water on his shoulders, and meets the owner of the rope while he is on his way, the water remains acceptable even though he gives him the rope while he is walking.28 If he went out of his way to bring the rope to its owner, he disqualified the water.29חהַשּׁוֹאֵל חֶבֶל לְמַלֹּאות בּוֹ, וּמִלֵּא, וְנָטַל הַחֶבֶל בְּיָדוֹ וּמֵימָיו עַל כְּתֵפוֹ, וּפָגַע בַּבְּעָלִים בְּדַרְכּוֹ, וְנָתַן לָהֶן אֶת הַחֶבֶל כְּשֶׁהוּא מְהַלֵּךְ - כְּשֵׁרִין. וְאִם יָצָא מִן הַדֶּרֶךְ כְּדֵי לְהוֹלִיךְ הַחֶבֶל לַבְּעָלִים - פָּסַל אֶת הַמַּיִם.
9If someone who was drawing water for the ashes of the red heifer cast the rope he used to draw the water on the ground30 and after he drew the water gathered the rope in his hand, he disqualified the water.31 If, while drawing the water, he gathered the rope, winding it around32 his hand, the water is acceptable.33טמִי שֶׁהָיָה מְמַלֵּא וּמַשְׁלִיךְ הַחֶבֶל שֶׁמִּלֵּא בוֹ עַל הָאָרֶץ, וְאַחַר שֶׁמִּלֵּא חָזַר וְקִבֵּץ עַל יָדוֹ - פְּסָלָן. וְאִם הָיָה דוֹלֶה וּמְקַבֵּץ לְתוֹךְ יָדוֹ, הַמַּיִם כְּשֵׁרִים.
10When one was drawing water with a small jug and pouring the water into a larger barrel and he put aside the larger barrel so that it would not break34 while he was drawing the water or he turned it upside down to dry it35 so he could fill it, the water is acceptable, for these activities were performed for the sake of drawing the water.יהַמְמַלֵּא וְנוֹתֵן לֶחָבִית עַד שֶׁיְּמַלְּאֶנָּה מַיִם, וְהִצְנִיעַ אֶת הֶחָבִית שֶׁלֹּא תִשָּׁבֵר בְּשָׁעָה שֶׁהָיָה מְמַלֵּא, אוֹ שֶׁכְּפָאָהּ עַל פִּיהָ עַל מְנָת לְנַגְּבָהּ לְמַלֹּאות בָּהּ - כָּשֵׁר, שֶׁזֶּה מִצֹּרֶךְ הַמִּלּוּי הוּא.
If, however, before sanctifying the water he had drawn, he set the barrel aside or dried it to transport the water he would sanctify, he disqualified the water, because he performed a task that was not for the purpose of drawing the water.אֲבָל אִם הִצְנִיעָהּ אוֹ נִגְּבָהּ כְּדֵי לְהוֹלִיךְ בָּהּ אֶת הַקִּדּוּשׁ - פָּסַל, שֶׁהֲרֵי עָשָׂה מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ הַמִּלּוּי.
Similar laws apply when one who was drawing water and pouring the water into a trough within a stone36 removed shards from the trough while filling it. If his intent was so that the trough would hold more water, the water is acceptable, for this is considered as for the purpose of drawing water. If his intent is that the shards should prevent the water from flowing out when he seeks to draw off the water with which he filled the trough, the water is unacceptable.37וְכֵן הַמְמַלֵּא וְנוֹתֵן לַשֹּׁקֶת, וּפִנָּה חַרְסִית מִן הַשֹּׁקֶת בִּשְׁעַת מִלּוּי: אִם בִּשְׁבִיל שֶׁתַּחֲזִיק מַיִם רַבִּים - כְּשֵׁרִים, שֶׁהֲרֵי זוֹ צֹרֶךְ הַמִּלּוּי; וְאִם בִּשְׁבִיל שֶׁלֹּא יִהְיוּ הַחֲרָסִין מְעַכְּבִין אוֹתוֹ בְּשָׁעָה שֶׁהוּא זוֹלֵף אֶת הַמַּיִם שֶׁמִּלֵּא בַּשֹּׁקֶת - הֲרֵי אֵלּוּ פְּסוּלִין.
11The following rules apply when a person thinks of filling a bucket of water to drink and changes his mind and decides to use the water for the ashes of the red heifer. If he changed his mind before the bucket reached the water, he must pour the water out,38 but he does not have to dry out the bucket.39 If he changed his mind after the bucket reached the water, he must pour it out and he must dry it.40 Only afterwards, may he fill it with water for the ashes of the red heifer.יאהַמְמַלֵּא דְּלִי לִשְׁתּוֹת וְנִמְלַךְ וְחִשַּׁב עָלָיו לְמֵי חַטָּאת: אִם עַד שֶׁלֹּא הִגִּיעַ הַדְּלִי לַמַּיִם חִשַּׁב - מְעָרֶה, וְאֵינוֹ צָרִיךְ לְנַגֵּב; וְאִם מִשֶּׁהִגִּיעַ הַדְּלִי לַמַּיִם חִשַּׁב - מְעָרֶה, וְצָרִיךְ לְנַגֵּב וְאַחַר כָּךְ יְמַלֵּא בּוֹ לַחַטָּאת.
If he lowered the bucket towards the water with the intent of using the water to drink and the rope broke away from his hand, should he change his mind41 before the bucket reached the water, he must pour the water out, but he does not have to dry out the bucket. If he changed his mind while the bucket was still in the water and intended to use the water for the ashes of the red heifer, he must pour it out, but does not have to dry the bucket.42שִׁלְשֵׁל הַדְּלִי וְנִפְסַק הַחֶבֶל מִיָּדוֹ, אִם עַד שֶׁלֹּא הִגִּיעַ הַדְּלִי לַמַּיִם חִשַּׁב עָלָיו - מְעָרֶה, וְאֵינוֹ צָרִיךְ לְנַגֵּב. נִמְלַךְ וְהוּא עוֹדֵהוּ בְּתוֹךְ הַמַּיִם, וְחִשַּׁב עָלָיו לְמֵי חַטָּאת - מְעָרֶה, וְאֵינוֹ צָרִיךְ לְנַגֵּב.
When a person drew water to use for the ashes of the red heifer and, after drawing it,43 thought to drink it, the water is disqualified from the time he inclined the container to drink from it,44 even though he did not drink from it at all.45מַיִם שֶׁמִּלְּאָן לְמֵי חַטָּאת, וְאַחַר שֶׁנִּתְמַלֵּא חִשַּׁב עֲלֵיהֶן לִשְׁתּוֹתָן - כְּשֶׁיַּטֶּה אֶת הַכְּלִי לִשְׁתּוֹת, פָּסַל הַמַּיִם, אַף עַל פִּי שֶׁלֹּא שָׁתָה מֵהֶן כְּלוּם.
Footnotes
1.
The Sifri derives this from an association drawn from Numbers 19:9 between the slaughtering of the heifer and the water for its ashes. Just as the performance of labor disqualifies the heifer itself (see Chapter 1, Halachah 7), so too, it disqualifies its water until it is sanctified.
2.
And not spring water.
3.
And not the ashes of a red heifer.
4.
The person who is traveling is employed and would earn so-and-so much per hour at his profession. He can be reimbursed at that fee for the time he travels to sanctify or sprinkle the water. As the Rambam proceeds to explain, this is not considered as a wage for those activities, but as reimbursement for the loss he suffers.
In his Commentary to the Mishnah (Bechorot 4:6, the source for this halachah), the Rambam makes two further qualifications: a) from the term “a worker,” the Rambam infers that even if the person is particularly skilled in his craft, he is not paid the wage he himself would be paid, but the standard wage for that profession. b) from the phrase “unemployed,” the Rambam infers that the worker should not receive a full wage, because he is not actually working. Moreover, if the person’s profession is particularly strenuous, e.g., he is a blacksmith, he should take a substantial deduction, because a smith would be willing to receive a lesser wage if he were not required to work that hard.
5.
The bracketed additions are made on the basis of the Rambam’s Commentary to the Mishnah (op. cit.).
6.
I.e., while making this journey the priest would be forced to contract impurity that he would not contract otherwise. This would prevent him from partaking of and making use of terumah. We assume that the priest would have been given terumah and thus the person causing him to make the journey must reimburse him for the expenses he incurs.
7.
For terumah can be used for all these purposes.
8.
See the following halachah which discusses the laws that apply when one draws water for several people one after the other.
9.
In his gloss to this halachah, the Ra’avad takes issue with the Rambam regarding the rationale for this ruling. He explains that, aside for a situation when one performs work with the water or the ashes themselves, the performance of work per se is not what disqualifies water from being used for the ashes of the red heifer. Instead, it is the fact that while performing work, a person diverts his attention from the water and that disqualifies it. Similarly, the Ra’avad interprets the subsequent halachot according to the same motivating principle.
The Kessef Mishneh questions the Ra’avad’s interpretation in this and the subsequent halachot and maintains that the Rambam does not follow it. There are, however, many other authorities (see Meiri to Gittin 53a, b) who accept the Ra’avad’s view and some who maintain that the Rambam also follows this perspective.
10.
Halachah 1.
11.
The implication is that he filled one barrel for each person. If he filled several barrels for each person, seemingly, the same laws that apply when one fills several barrels for himself would apply then as well.
12.
For after drawing the water, he gave it to the other person who takes responsibility for it. Needless to say, once that person takes it, he may not perform work until he sanctifies it.
13.
It is considered as if the drawing of water has not been completed until he poured all the barrels into the large container.
14.
Because no other barrels were filled and no other work was performed after filling it.
15.
Originally, when the person drew the water, he intended to sanctify each one individually. Thus all but the last one became disqualified. Even though he changed his mind, the change in his intent does not change the status of the water retroactively.
16.
In his Commentary to the Mishnah (Parah 7:1), the Rambam emphasizes that this law applies whether the bucket that he sanctifies first is the one he drew first or the one he drew last. Drawing the other buckets does not disqualify the first one, because he intended to sanctify them all together. In this instance as well, the fact that he changed his mind does not change the status of the water retroactively.
17.
The other buckets are disqualified because sanctifying the first bucket is considered as the performance of work, which—when interposed between the drawing of the later buckets and their sanctification—disqualifies them.
18.
Buckets of water.
19.
Because this is like the instance when he filled them all to be sanctified in the same container and the other person is considered in the place of the person himself (ibid).
20.
Thus at the time the buckets were filled, filling the later ones did not disqualify the first.
21.
Another person can sanctify many buckets of water for a colleague one after the other, because he was not the person who filled them (ibid.).
22.
Thus before he begins dealing with the water he intends to sanctify, he will have completed dealing with the water he needs for his own purposes.
23.
So that he will be able to focus his attention on it, as required by Chapter 10, Halachah 4.
24.
The bracketed addition is based on the gloss of the Kessef Mishneh.
25.
Even though the person who helped his colleague or removed a thorn from his body performed another activity, that activity was necessary to enable his colleague to draw the water. Since they are both drawing the water for the same sanctification, he is not considered to have been involved in another activity.
26.
Because he performed another activity between drawing the water and sanctifying it.
27.
See the following halachah with regard to the manner in which he must take the rope.
28.
Because he did not perform any extra activity to return the rope to them.
29.
Because going out of his way to return the rope is considered as an extra activity whose performance disqualifies the water.
30.
I.e., he was drawing a bucket from the well and as he drew the bucket higher, he cast the portion of the rope he had been holding previously to the ground.
31.
Because gathering the rope is considered as an extra activity whose performance disqualifies the water.
32.
The bracketed additions are made on the basis of the Rambam’s Commentary to the Mishnah (Parah 7:7). There the Rambam explains that this is considered an ordinary way of drawing water. (Implied is that were it a departure from the norm, it would have been considered an extra activity that disqualifies the water.)
33.
Since he gathered the rope while he was drawing the water, it is not considered as if he performed an extra activity.
34.
I.e., after pouring water into the barrel once, he set it aside so that it would not be in the way of any passerby.
35.
I.e., to dry it from the remnants of the water that it contained previously. Were any of that water to remain, it would disqualify the new water.
36.
I.e., a stone was hollowed out to serve as a trough. It is permissible to sanctify water with the ashes of the red heifer in such a trough provided it was separated from its natural setting. See Chapter 6, Halachah 3, and notes.
37.
Because the task he performed is not for the sake of filling the trough.
38.
Since the bucket was cast to the water for another intent, the water is not acceptable to be used for the ashes of the red heifer.
39.
Since he reconsidered before the bucket reached the water, his change of mind was effective to a certain degree (Kessef Mishneh).
40.
For unless the bucket is dry, the water drawn with it may not be used for the ashes of the red heifer.
41.
And thought of using the water for the ashes of the red heifer.
42.
The Kessef Mishneh suggests amending the text to read: “he must dry [the buckets],” i.e., changing the text so that this clause will parallel the previous one. Nevertheless, the present version is found in all the early printings and in authoritative manuscripts of the Mishneh Torah. The Merkevat HaMishneh substantiates the present version, explaining that there is a difference between this clause and the previous one. In the previous clause, the person lowered the bucket into the water with an undesirable intent. Therefore, the water is entirely unacceptable. In this clause, the person lost control of the bucket before it reached the water. Hence he is not required to suffer the full consequences of it being submerged within it.
43.
But before sanctifying it. The laws governing sanctified water are stated in Chapter 9, Halachah 15.
44.
The thought alone does not disqualify the water; a deed must be performed to indicate that it is no longer set aside for the mitzvah [the Rambam’s Commentary to the Mishnah (Parah 9:4)].
45.
Thus if he changes his mind again before drinking and decides to use the water for its original purpose, it is no longer acceptable.
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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