Rambam - 3 Chapters a Day

All of those involved in offering the red heifer from the beginning to the end become impure and impart impurity to their garments as long as they are involved in its being offered. This concept is derived as follows: With regard to the one who slaughters the heifer and one who casts the cedar wood into its belly, Numbers 19:7 states: "The priest shall launder his clothes and wash his flesh." And with regard to the one who burns it, ibid.:8 states: "The one who burns it shall launder his clothes," and ibid.:10 states: "The one who gathers the ashes of the heifer shall launder...."

These verses teach that all those involved in offering it from the beginning until the end impart impurity to their clothes, must immerse themselves, and wait for nightfall to regain purity according to Scriptural Law. One who guards the heifer at the time it is being offered imparts impurity to his garments according to Rabbinic Law. This is a decree lest he move one of its limbs.

Whenever the Torah states with regard to impurity: "One shall launder his clothes," it does not come merely to teach that the clothes on a person are impure. Instead, it teaches that every garment or implement that this impure person will touch while he is still in contact with the object that imparted impurity to him becomes impure. After he separates himself from the object that imparted impurity to him, he does not impart impurity to his garments or to other objects.

What is implied? A person who carries an animal carcass imparts impurity to the clothes he is wearing and to any implement he touches as long as he is carrying it. They are considered as a first degree derivative of impurity. Similarly, the one who carries the animal carcass is considered as impure to the first degree. If he ceased contact with the object that imparted ritual impurity, casting away the animal carcass, he remains impure to the first degree as before. If, however, he touches an implement or a garment, he does not impart impurity to it, for a derivative of ritual impurity does not impart impurity to implements, as we explained in the beginning of this text. Similar laws apply to all types of impurity analogous to that imparted by an animal carcass.

Similarly, with regard to all those involved in offering the red heifer: If they touch a garment or an implement at the time they are slaughtering or burning the heifer, it becomes impure. After such an individual ceased the tasks involved with it, however, even though he has not yet immersed, he does not impart impurity to an implement that he touches, because he is merely a derivative of impurity.

The red heifer itself does not impart impurity to a person or to implements that touch it. It is only those involved in its offering who become impure, must immerse themselves, and impart impurity to their garments, as long as they are involved in its offering.

When does the above apply? When the red heifer was burnt as prescribed. If, however, it was disqualified, those involved in offering it are pure. If a disqualifying factor occurred during its slaughter, it does not cause a person's garments to become impure. If a disqualifying factor occurs during the sprinkling of its blood, those who were involved with its offering before it was disqualified impart impurity to their garments. Those involved after its disqualification do not impart impurity to their garments.

When the collection of its ashes was completed, anyone who is involved with it - i.e., with the division of its ashes or with setting them aside for safekeeping - or who touches it, is pure.

These principles do not apply to the red heifer alone, but also to all the sin-offerings of bulls and goats that are burnt. One who burns them imparts impurity to his garments while he is burning them until they are reduced to ashes. For behold, with regard to the bull and the goat burned on Yom Kippur, Leviticus 16:28 states: "The one who burns them shall launder his garments." According to the Oral Tradition, it was taught that this is a general rule applying to all those who burn sacrificial offerings, teaching that they impart impurity to their garments until the offerings are reduced to ashes.

When does the above apply? When no disqualifying factor occurred and they were burned in the ashheap as prescribed. If, however, they were disqualified in the Temple Courtyard, they are burned there like disqualified offerings and the one who burns them is ritually pure. Similarly, one who is involved with these offerings after they have been reduced to ashes does not impart impurity to his garments.

Who is considered as "one who burns" it? Anyone who helps in burning it, for example, one who turns over the meat, one who places wood upon it, one who fans the fire, one who stirs the coals so that the fire will burn, and the like. In contrast, one who kindles the flame and one who builds the arrangement are pure.

According to the Oral Tradition, it was taught that one who carries the bulls and the goats that are burnt to transport them to the ashheap to burn them is ritually impure and imparts impurity to his garments according to Scriptural Law as long as he is involved in transporting them. To regain purity, he is required to immerse himself in a mikveh and wait until nightfall like the one who sends the goat to Azazel. The latter imparts impurity to all the garments and all the implements that he touches that are on him throughout the time he is involved in sending the goat to its destination, as ibid.:26 states: "The one who sends the goat to Azazel shall launder his garments."

From when do those who carry the bulls and goats that are burnt impart impurity to their garments? When they take them out of the Temple Courtyard. If they carried them with poles and some of those carrying them left the walls of the Temple Courtyard and others did not depart, those that departed impart impurity to their garments. Those who did not yet depart do not impart impurity to their garments until they depart.

If they depart and then return to the Temple Courtyard and transfer the carcasses to others, the others who carry them in the Temple Courtyard are pure until they take them out.

If a person was standing outside the Courtyard and was pulling the poles on which the carcasses were hanging from the Courtyard after they were returned there, he is considered as being impure of doubtful status, since the sacrificial animals had already been taken outside and the one pulling them was standing outside.

When does the person who sends the goat to Azazel impart impurity to his garments? From the time he departs Jerusalem until he pushes the goat off the cliff to Azazel. After he pushes it off the cliff, if he touches implements or garments, they are pure.

When an entity - whether a person, an implement, food, or liquid - touches the bodies of the bulls and the goats that are burnt, even after they have been taken out of the Temple Courtyard, everything is pure. Similarly, if they would touch the goat sent to Azazel itself while it is being carried there, they would be pure. For these sacrificial animals impart impurity only to one who is involved with carrying them, as indicated by Leviticus 16:28: "The one who burns them shall launder his garments." One who touches, by contrast, is pure.

The water upon which the ashes of the red heifer are placed must be drawn only with a container and only from a spring or flowing river, as Numbers 19:17 states: "And he shall place upon it living water in a vessel."

Placing the ashes of the heifer on the water that was drawn is called sanctification. The water on which the ashes were placed is called mei chatat and sanctified water. Scripture Numbers 19:9 refers to them as mei nidah, "sprinkling water."

Everyone is acceptable to draw the water for the ashes of the red heifer, except a deafmute, an intellectually or emotionally compromised person, and a minor. Similarly, everyone is acceptable to sanctify the water except a deafmute, an intellectually or emotionally compromised person, and a minor.

One must draw such water and sanctify it only with a vessel and one may sprinkle the ashes only from a vessel. Drawing this water and sanctifying it is acceptable at night, but the sprinkling and the immersion of the hyssop in the water is acceptable only during the day. The entire day is fit for the sprinkling and this immersion.

One may draw this water, sprinkle it when mixed with the ashes, and sanctify it with all vessels, even vessels made of animal turds, stone, or earth, or a ship. This applies to earthenware utensils and all other utensils. One may not, however, draw this water, sprinkle the water, or sanctify it with the walls of a vessel, the base of an earthenware distributor of water, the sealing of a jug, one's hands, an egg-shell, or a trough within a natural rock. One may, however, use an egg made by a potter, because it is considered as a vessel made from earth.

We may not sanctify with the base of a wooden vessel, that of a glass vessel, or that of a bone vessel unless they were smoothed down, repaired, and made into vessels in their own right. Similarly, if the sealing of a jug was fixed to serve as a vessel, one may sanctify the water with it. An ostrich egg is acceptable for sanctification. Needless to say, it is acceptable to be used to draw this water and sprinkle from it.

When a utensil was attached to the earth or to rock, even if it was attached with lime, one may sanctify in it or sprinkle from it. The following laws apply if one made a border of clay around such a container and the water in the container was filled beyond its limits until it is held within the border. If the border remains intact when the container is moved, the water in it is acceptable. It is as if it is in a container made from earth. If not, it is as if one formed a border of clay on a rock or on the earth and filled it with water. This would be unacceptable, because the water is not in a container.

When an earthenware container has been perforated to the extent that water would enter it, one may not draw this water or sanctify it with it. If, however, its hole is smaller and water will leak out, but will not enter, one may sanctify with it.

When a container has been perforated from below and plugged close with rags, it is invalid. The rationale is that the water in it is not resting on the base of the utensil, but on the plug. If it was perforated from the side and plugged, it is acceptable to draw this water, sanctify it, and sprinkle it using such a container.

When someone splashes water from a spring with his hands or his feet or with shards, causing them to enter a barrel, the water is unacceptable to be used for a red heifer, because it was not drawn with a utensil. Even if one placed the barrel in the water and pushed the water with his hands or feet or with vegetable leaves so that it flows into the barrel, it is unacceptable. Similarly, if one submerged articles into water so that the water would rise and flow into the barrel, it is unacceptable. If one did the above with the leaves of reeds or nut shells, the water is acceptable.

This is the general principle: If one uses something that is fit to contract ritual impurity to help move the water so that the container will become full, the water is unacceptable. If one used something that is not susceptible to ritual impurity, it is acceptable.

If one causes a spring to flow into a vat or into a pool and then drew water with a container from that pool or vat, it is unacceptable. For at the outset, one must draw water from the spring with a container.

The Great Sea is considered like a mikveh and not like a spring. Therefore water to be sanctified may not be drawn from it. Water from all of the rivers is unacceptable to be sanctified to serve as the water for the ashes of the red heifer. Other seas or lakes are like springs.

Water that flows out from other seas is called running water and is unacceptable. Water flowing from a stream is considered as the stream itself and is acceptable.

Spoiled springs and "lying" waters are unacceptable. The following types of springs are termed spoiled: salty springs or hot springs. "Lying" waters refer to springs that sometimes flow and sometimes, run dry and are arid. Even if they run dry only once in seven years, they are unacceptable. If, however, they run dry only in years of drought or less frequently than once in seven years, or their waters were, at times, abundant and, at times, sparse, but they do not run entirely dry, they are acceptable. When a stream is first discovered, it is deemed acceptable. There is no need to see whether it will run dry in certain years.

Swamps and waters like those of the Jordan and the Yarmuch are unacceptable, because they are mixed waters. This is what is meant by the term "mixed waters": water that is fit to be sanctified that is mixed with water that is unfit. Water should not be drawn from such a mixture. When, by contrast, water that is acceptable becomes mixed with other water that is acceptable, e.g., the water of two streams become mixed and flow together, water for the ashes of a red heifer may be drawn from them.

If the appearance or flavor of water changes because of itself, it is acceptable.

If a shard or earth fell into a well and caused its water to become murky, one may still draw water for the ashes of a red heifer from it. It is not necessary to wait until the water clears. If a flow of rainwater falls into it, one should wait until the water becomes clear.

It is acceptable to draw water for the ashes of the red heifer from an irrigation canal that brings water from a distance, since it originates in a wellspring, provided one is careful that a person does not interrupt the flow. Were that to happen, one would be drawing water that originated in a wellspring, but was interrupted; this is not acceptable.

The 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.

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.

The payment of a wage disqualifies the sanctification of the water and the sprinkling of it, but it does not disqualify the drawing of it.

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 cavern and the ashes, as ashes from a range, 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.

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. Similarly, if he was a priest and because he would accompany him, he would contract an impurity that prevents him from partaking of terumah, he should feed him, give him beverages, and oil to anoint himself 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.

When 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, both are unacceptable. For drawing water is considered as work. Thus during each of the drawings of water, it is as if he performed another task at that time. And we have already stated that the performance of an activity disqualifies the drawing of water, whether one draws for himself or for others.

When 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 people - they are all acceptable. Each person should take his water and sanctify it.

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. 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.

When 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,

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 first is acceptable. Similarly, if a person told a colleague: "Sanctify these for yourself," only the bucket that is sanctified first is acceptable. If, however, he told him: "Sanctify these for me," they are all acceptable, because they were all filled to be sanctified in one container. 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.

When 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. 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, and proceeds.

The following laws apply when two people were drawing water individually and one helped the other lift his water to load it on his back 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. 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.

When a person borrows a rope to draw water for the ashes of the red heifer, draws the water, takes the rope in his hand, 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. If he went out of his way to bring the rope to its owner, he disqualified the water.

If someone who was drawing water for the ashes of the red heifer cast the rope he used to draw the water on the ground and after he drew the water gathered the rope in his hand, he disqualified the water. If, while drawing the water, he gathered the rope, winding it around his hand, the water is acceptable.

When 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 break while he was drawing the water or he turned it upside down to dry it so he could fill it, the water is acceptable, for these activities were performed for the sake of drawing the water. 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. Similar laws apply when one who was drawing water and pouring the water into a trough within a stone 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.

The 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, but he does not have to dry out the bucket. If he changed his mind after the bucket reached the water, he must pour it out and he must dry it. Only afterwards, may he fill it with water for the ashes of the red heifer.

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, if he changed his mind 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.

When a person drew water to use for the ashes of the red heifer and, after drawing it, thought to drink it, the water is disqualified from the time he inclined the container to drink from it, even though he did not drink from it at all.