ב"ה

Rambam - 1 Chapter a Day

She'ar Avot haTum'ah - Chapter 1

Show content in:

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.

Quiz Yourself on She'ar Avot haTum'ah Chapter 1

Footnotes
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.

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.