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Mechussarey Kapparah - Chapter 5

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Mechussarey Kapparah - Chapter 5

1What is meant by the term “the t’nuch of the ear”?1 The middle lobe.2 If the priest applied the oil to the sides of the thumb and the large toe, it is acceptable.3 אאֵי זֶהוּ 'תְּנוּךְ אֹזֶן'? זֶה גָּדֵר הָאֶמְצָעִי. נָתַן עַל צִדֵּי הַבְּהֹנוֹת, כָּשֵׁר; נָתַן עַל צִדֵּי צִדֵּיהֶן, פָּסוּל.
If he applied it to their lower surface,4 it is invalid. Whether the priest applies the oil to the blood of the guilt-offering directly above it or he applied it at the side of the blood, even if the blood was cleaned off before he placed the oil on the thumb and the toe, he fulfills his obligation, as implied by Leviticus 14:28 which states that the oil must be applied “on the place of the blood of the guilt-offering.”5בֵּין שֶׁנָּתַן הַשֶּׁמֶן עַל דַּם הָאָשָׁם עַצְמוֹ מִלְמַעְלָה, בֵּין שֶׁנָּתַן בְּצַד הַדָּם, אַפִלּוּ נִתְקַנַּח הַדָּם קֹדֶם שֶׁיִּתֵּן הַשֶּׁמֶן - נוֹתֵן הַשֶּׁמֶן עַל הַבּהֹ­נוֹת, שֶׁנֶּאֱמַר "עַל מְקוֹם דַּם הָאָשָׁם" (ויקרא יד, כח).
If an afflicted person does not have a right hand, a right foot, or a right ear, he can never regain ritual purity.6אֵין לוֹ בֹּהֶן יָד יְמָנִית אוֹ בֹּהֶן רֶגֶל יְמָנִית, אוֹ שֶׁאֵין לוֹ אֹזֶן יְמָנִית - אֵין לוֹ טָהֳרָה עוֹלָמִית.
2When a guilt offering of an afflicted person was slaughtered without the proper intent7 or its blood was not applied to the person’s thumb and toe, it should be brought to the altar8 and it requires additional offerings9 like those offered for a guilt-offering of one afflicted with tzara’at.10 The afflicted person must bring another guilt-offering for his purification.11באֲשַׁם מְצֹרָע שֶׁשְּׁחָטוֹ שֶׁלֹּא לִשְׁמוֹ, אוֹ שֶׁלֹּא נָתַן מִדָּמוֹ עַל גַּבֵּי בְּהֹנוֹת - הֲרֵי זֶה עוֹלֶה לַמִּזְבֵּחַ, וְטָעוּן נְסָכִים כְּנִסְכֵּי אֲשַׁם מְצֹרָע; וְצָרִיךְ הַמְּצֹרָע אָשָׁם אַחֵר לְהַכְשִׁירוֹ.
3If the afflicted person’s sin-offering was offered before his guilt-offering, we do not say that one should stir the blood of the sin-offering until the guilt-offering was offered.12 Instead, it should be left overnight13 and then taken to the place where sacrifices are burnt.גהִקְדִּים חַטָּאתוֹ לַאֲשָׁמוֹ - לֹא יִהְיֶה אֶחָד מְמָרֵס בְּדָמָהּ, אֶלָא תַּעֲבֹר צוּרָתָהּ, וְתֵצֵא לְבֵית הַשְּׂרֵפָה.
4A person may bring his guilt-offering one day and his log of oil even after ten days.14 If he desires to alter the designation of the log and designate it for the guilt-offering of another afflicted person, he may, although he has already had it consecrated in a sacred utensil.דיֵשׁ לָאָדָם לְהָבִיא אֲשָׁמוֹ הַיּוֹם, וְלוֹגוֹ אַחַר עֲשָׂרָה יָמִים. וְאִם רָצָה לְשַׁנּוֹת הַלּוֹג לַאֲשַׁם מְצֹרָע אַחֵר - מְשַׁנֶּה, אַף עַל פִּי שֶׁקָדַּשׁ בִּכְלִי.
If the amount of oil decreased before it was poured into the priest’s hand15 and was less than a log, the measure should be refilled.16 If it decreased after it was poured, another log should be brought instead.חָסַר הַלּוֹג עַד שֶׁלֹּא יָצַק, יְמַלְּאֶנּוּ; חָסַר מֵאַחַר שֶׁיָּצַק, יָבִיא אַחֵר כַּתְּחִלָּה.
5The following laws apply if the oil was poured into the priest’s hand, his colleague began to sprinkle it17 and then the log spilled. If it spilled before he completed the seven sprinklings, he should bring another log of oil and begin the seven sprinklings.18 If he completed the seven sprinklings and then the log of oil spilled, he should bring another log and begin applying the oil to the thumb and toe.19היָצַק מִן הַשֶּׁמֶן לְכַפּוֹ וְהִתְחִיל לְהַזּוֹת וְנִשְׁפַּךְ הַלּוֹג: אִם עַד שֶׁלֹּא גָמַר מַתַּן שֶׁבַע נִשְׁפַּךְ הַלּוֹג - יָבִיא אַחֵר, וְיַתְחִיל בְּמַתַּן שֶׁבַע; גָּמַר מַתַּן שֶׁבַע וְנִשְׁפַּךְ הַלּוֹג - יָבִיא אַחֵר, וְיַתְחִיל לְכַתְּחִלָּה בַּבְּהֹנוֹת.
If he had already begun applying the oil to the thumb and toe and the log spilled before he could complete it, he should bring another log and begin applying the oil to the thumb and toe.20הִתְחִיל בַּבְּהֹנוֹת וְנִשְׁפַּךְ הַלּוֹג קֹדֶם שֶׁיִּגְמֹר - יָבִיא אַחֵר, וְיַתְחִיל לְכַתְּחִלָּה בַּבְּהֹנוֹת.
If he completed applying the oil to the thumb and toe and the log spilled before he placed the remainder of the oil on the head of the person being purified, he does not have to bring another log, for the application of the oil to his head is not an indispensable requirement,21 as implied by Leviticus 14:17, 18 which mentions “the remainder of the oil,” and “the additional oil.”גָּמַר הַבְּהֹנוֹת וְאַחַר כָּךְ נִשְׁפַּךְ הַלּוֹג קֹדֶם שֶׁיִּתֵּן שְׁאָר הַשֶּׁמֶן שֶׁבְּכַפּוֹ עַל רֹאשׁ הַמִּטַּהֵר - אֵינוֹ צָרִיךְ לְהָבִיא לוֹג אַחֵר; שֶׁמַּתְּנַת הָרֹאשׁ אֵינָהּ מְעַכֶּבֶת, שֶׁנֶּאֱמַר "וְהַנּוֹתָר בַּשֶּׁמֶן" (ויקרא יד, יח), "וּמִיֶּתֶר הַשֶּׁמֶן" (ויקרא יד, יזׂ).
6If the priest applied the oil before he applied the blood,22 he should fill the log container with additional oil23 and apply the oil after the blood.24והִקְדִּים מַתַּן שֶׁמֶן לְמַתַּן דָּם - יְמַלֵּא הַלּוֹג שֶׁמֶן, וְיַחְזֹר וְיִתֵּן הַשֶּׁמֶן אַחַר הַדָּם.
If the oil was applied to the thumb and toe before the seven sprinklings were made, the log container should be filled with additional oil which should be applied to the thumb and toe after the seven sprinklings.25 These laws are derived from Leviticus 14:2 which states: “This is the law applying to one afflicted with tzara’at.” Implied26 is that the entire law should be carried out according to the prescribed sequence.הִקְדִּים מַתַּן הַשֶּׁמֶן עַל הַבְּהֹנוֹת לְמַתַּן שֶׁבַע - יְמַלֵּא הַלּוֹג, וְיַחְזֹר וְיִתֵּן עַל הַבְּהֹנוֹת אַחַר מַתַּן שֶׁבַע, שֶׁנֶּאֱמַר "זֹאת תִּהְיֶה תּוֹרַת הַמְּצֹרָע" (ויקרא יד, ב) - שֶׁתִּהְיֶה כָּל תּוֹרָתוֹ עַל הַסֵּדֶר.
7If the seven sprinklings were made without the proper intent,27 the offering does not find favor Above, but the afflicted person regains his status of purity28זנָתַן שֶׁבַע הַמַּתָּנוֹת שֶׁלֹּא לִשְׁמָן - לֹא הֻרְצָה, וְהֻכְשַׁר הַמְּצֹרָע.
8When a person who had been afflicted with tzara’at becomes afflicted again after bringing his guilt-offering, he must bring another set of sacrifices for the second affliction.29חמְצֹרָע שֶׁנִּתְנַגַּע אַחַר שֶׁהֵבִיא אֲשָׁמוֹ, צָרִיךְ קָרְבָּן אַחֵר לְצָרַעַת שְׁנִיָּה.
Similarly, if he brings his guilt-offering for the second affliction and becomes afflicted again, he must bring a sacrifice for every time he becomes afflicted.וְכֵן אִם הֵבִיא אֲשָׁמוֹ וְנִתְנַגַּע, הֵבִיא אֲשָׁמוֹ וְנִתְנַגַּע - צָרִיךְ קָרְבָּן עַל כָּל אַחַת וְאַחַת.
If, however, he became afflicted and was healed and brought the birds30 and then became afflicted again, when he was healed a second time and brings his birds, it is sufficient to bring one set of sacrifices for all the times he was afflicted.31אֲבָל אִם נִתְנַגַּע, וְנִתְרַפֵּא, וְהֵבִיא צִפֳּרָיו, וְחָזַר וְנִתְנַגַּע, וְנִרְפָּא, וְהֵבִיא צִפֳּרָיו - קָרְבָּן אֶחָד לְכֻלָּן.
9The following laws apply when an afflicted person brings the sacrifices required of a poor person and then he becomes rich, or he brought the sacrifices required of a rich person and he became poor.32 Everything depends on his status at the time he brings his guilt-offering.33 If he was wealthy at the time the guilt-offering was slaughtered, he should complete the offering of a wealthy person. If he was poor at that time, he should complete the offering of a poor person.טמְצֹרָע שֶׁהֵבִיא קָרְבַּן עָנִי וְהֶעֱשִׁיר, אוֹ עָשִׁיר וְהֶעֱנִי, קֹדֶם שֶׁיַּקְרִיב קָרְבְּנוֹתָיו - הַכֹּל הוֹלֵךְ אַחַר הָאָשָׁם: אִם הָיָה בִּשְׁעַת שְׁחִיטַת הָאָשָׁם עָשִׁיר, יַשְׁלִים קָרְבַּן עָשִׁיר; וְאִם הָיָה עָנִי, יַשְׁלִים קָרְבַּן עָנִי.
10There were two afflicted persons34 whose sacrifices became intermingled and the blood of one of the sin-offerings was sprinkled on the altar and then one of the afflicted persons died.35 What should the afflicted person who is alive do?36 He may not bring an animal as a sin-offering, for perhaps the sin-offering whose blood was cast on the altar was his and we follow the principle: an animal is not brought as a sin-offering when there is a doubt whether one is liable.37 He may not bring a sin-offering of fowl, because a rich man who brings a poor man’s offering does not fulfill his obligation.38ישְׁנֵי מְצֹרָעִים שֶׁנִּתְעָרְבוּ קָרְבְּנוֹתֵיהֶן, וְנִזְרַק דָּם אַחַת מִשְּׁתֵּי הַחַטָּאוֹת שֶׁלָּהֶן, וְאַחַר כָּךְ מֵת אֶחָד מִן הַמְּצֹרָעִים, כֵּיצַד עוֹשֶׂה זֶה הַמְּצֹרָע הַחַי? לְהָבִיא חַטַּאת בְּהֵמָה אֵינוֹ יָכוֹל, שֶׁמָּא זוֹ שֶׁנִּזְרַק דָּמָהּ חַטָּאתוֹ הִיא, וְאֵין מְבִיאִין חַטַּאת בְּהֵמָה עַל הַסָּפֵק; וּלְהָבִיא חַטַּאת הָעוֹף אֵינוֹ יָכוֹל, שֶׁעָשִׁיר שֶׁהֵבִיא קָרְבַּן עָנִי לֹא יָצָא.
What then should he do? He should sign all his property over to another person. Thus he will be poor. Hence he may bring a sin-offering of fowl,39 because of the doubt. It is not eaten, as we explained.40 He may then partake of sacrificial foods.41וְכֵיצַד יַעֲשֶׂה? יִכְתֹּב כָּל נְכָסָיו לְאַחֵר, וְנִמְצָא עָנִי, וְיָבִיא חַטַּאת הָעוֹף מִסָּפֵק, וְלֹא תֵאָכֵל כְּמוֹ שֶׁבֵּאַרְנוּ, וְנִמְצָא אוֹכֵל בַּקֳּדָשִׁים.
11When a rich man says: “I take responsibility for the sacrifices of this afflicted person,” and the afflicted person was poor, he must bring the sacrifices of a wealthy man, for the person who took the vow has the financial capacity.42יאעָשִׁיר שֶׁאָמַר 'קָרְבָּנוֹ שֶׁל מְצֹרָע זֶה עָלַי', וְהָיָה הַמְּצֹרָע עָנִי - הֲרֵי זֶה מֵבִיא עַל יָדוֹ קָרְבְּנוֹת עָשִׁיר, שֶׁהֲרֵי יַד הַנּוֹדֵר מַשֶּׂגֶת.
If a poor person said: “I take responsibility for the sacrifices of this afflicted person,” and the afflicted person was wealthy, he must bring the sacrifices of a wealthy man, for the person who took the vow obligated himself to bring the sacrifices of a wealthy man.43וְעָנִי שֶׁאָמַר 'קָרְבְּנוֹ שֶׁל מְצֹרָע זֶה עָלַי', וְהָיָה הַמְּצֹרָע עָשִׁיר - הֲרֵי זֶה מֵבִיא עַל יָדוֹ קָרְבְּנוֹת עָשִׁיר, שֶׁהֲרֵי זֶה הַנּוֹדֵר חַיָּב בְּקָרְבְּנוֹת עָשִׁיר.
Blessed be the Merciful One Who grants assistance.בְּרִיךְ רַחְמָנָא דְּסַיְּעַן.

Quiz Yourself on Mechussarey Kapparah Chapter 5

Footnotes
1.

Used by Leviticus 14: 14.

2.

See the Rambam’s Commentary to the Mishnah (Nega’im 14:9).

3.

Optimally, however, the oil and the blood should be placed on the upper side of the thumb and large toe, i.e., the side with the nail.

4.

I.e., the side of the palm of the hand and the sole of the foot. The literal meaning of the Rambam’s words (taken from Menachot 10a) is “the sides of the sides.”

5.

I.e., the Torah does not require that the oil be applied on the blood, but to “the place of the blood.” Thus any place to which the blood could be applied, the oil may be applied (Sifra to the verse).

6.

For it is only through fulfilling every detail of the purification process that one afflicted with tzara’at can change his status.

7.

E.g., the animal was slaughtered with the conception that it was to be offered for a different type of sacrifice or for a different person.

8.

And offered there (see Hilchot Pesulei HaMukdashin 15:17).

9.

Flour, wine, and oil, as stated in Hilchot Ma’aseh HaKorbanot 2:2,6.

10.

For it must be offered like a guilt-offering and a guilt-offering requires these additional offerings.

11.

Although the sacrifice is acceptable, it does not fulfill the purpose for which it was offered (Zevachim 2a).

12.

I.e., the guilt-offering must be brought before the sin-offering, as stated in Chapter 4, Halachah 2. One might say, however, that a priest could stir the blood of the sin-offering to prevent it from congealing and then offer it after the blood of the guilt-offering (see parallels in Hilchot Temidim UMusafim 9:4, Hilchot Karban Pesach 1:4).

13.

At which time it will be disqualified. The literal meaning of the Rambam’s words are “leave it until its form decomposes.” See Hilchot Pesulei HaMukdashin 4:26.
Since there is nothing inherently wrong with the sacrifice, it may not be burnt immediately. Nevertheless, it is unfit to be offered. Hence, we cause it to be disqualified by allowing it to remain overnight.

14.

Or after any length of time.

15.

See Chapter 4, Halachah 2.

16.

The rationale is that until the oil is poured, the remaining oil is not disqualified.

17.

Towards the Holy of Holies, as stated in Chapter 4, Halachah 2.

18.

For all seven sprinklings are considered as a single unit.

19.

He does not have to repeat the sprinklings.

20.

For the application to the ear, thumb, and toe is considered as a single act.

21.

The commentaries have questioned the Rambam's intent, for this appears in direct contradiction to his statements in Chapter 4, Halachah 2, that the application of the oil to the head must be performed for the purification process to be completed. Among the resolutions offered is that as long as the oil is present and it was not applied, the purification process if not completed. If it spilled, however, there is no need to bring other oil. Alternatively, in a complete sense, his purification process is not completed.
He may, however, enter the Temple and partake of sacrificial foods (Rav Yosef Corcus). Rambam Le’am offers a more simple explanation. Here we are speaking about the remainder of the oil in the log being spilled. There still remains some oil in the priest’s palm. He must apply that oil to the head of the person being purified.

22.

The sequence in which the sprinklings and applications are made is described in Chapter 4, Halachah 2.

23.

Because the measure of the log was reduced in a manner not prescribed by law. Nevertheless, an entire new log of oil need not be brought. It is sufficient merely to fill it with additional oil.

24.

Because, as mentioned in the verse cited above, the oil must be applied “on the place of the blood of the guilt-offering” (Kiryat Sefer).

25.

A superficial reading of the Rambam’s words leads to the impression that the priest must repeat the seven sprinklings as well. Since the log was not full when the initial sprinklings were made, they were disqualified. Nevertheless, Rav Yosef Corcus elaborates in proving that the initial sprinklings are acceptable and all that is necessary is for the priest to apply it to the afflicted person’s body.

26.

By the phrase “This is.”

27.

E.g., they were not made with the purification of this afflicted person in mind.

28.

In his gloss to Yoma 61 b, the Meiri explains that the intent is that although the afflicted person regains his status of purity, the oil is unacceptable and may not be eaten. Rashi (Menachot 28a) gives a diametrically opposite ruling.

29.

Rav Yosef Corcus explains that the Rambam is not stating that the first guilt-offering cannot be considered part of his process of purification for the second affliction, because that is obvious. Instead, his intent is that since the guilt-offering is the fundamental element of the afflicted person’s sacrifices, once he brings that sacrifice for the first affliction, a distinction is made between the two afflictions. Hence after he becomes purified from the second affliction, he is liable to bring his sin-offering and burnt-offering for the first affliction as well as an entire set of sacrifices for the second affliction.

30.

The two birds he is required to bring, as mentioned in Leviticus, ch. 14; Chapter 4, Halachah 1, above.

31.

I.e., bringing the birds does not create a distinction between the two afflictions. Instead, the entire period is considered as one long affliction and he brings one set of sacrifices when it is concluded.

32.

As mentioned in Chapter 1, Halachah 3, the offerings brought by an afflicted person depend on his financial standing. If he is wealthy he brings a sheep as a burnt-offering and a sin-offering. If he is poor, he brings doves for those offerings. Both bring a sheep as a guilt-offering.

33.

As mentioned above, this is the first of the offerings brought by the afflicted person.

34.

Both were wealthy and required to bring animals.

35.

The problem arises only if that afflicted person dies. If he did not die, the sacrifice could have been offered conditionally: “If Reuven’s sacrifice was offered beforehand, this sacrifice is being offered for the sake of Shimon. If Shimon’s sacrifice was offered before- hand, this sacrifice is being offered for him.” Once, however, the other person has died, that is no longer possible, because a sin-offering may not be brought for a person who is deceased. Instead, the animal set aside for that sin-offering should be consigned to death (Hilchot Pesulei HaMukdashim 4:1).

36.

The Tosefta (Nega’im 9:8) relates that the inhabitants of Alexandria asked this question of Rabbi Yehoshua and he responded: “Now you have asked a wise point.”

37.

See Hilchot Pesulei HaMukdashim 7:10.

38.

See Hilchot Shegagot 10:13; Hilchot Nizirut 10:4.

39.

Making the conditional stipulation mentioned above.

40.

See Chapter 1, Halachah 7.

41.

The Kessef Mishneh questions the Rambam’s ruling, explaining that if the person’s guilt-offering had not been offered, there is a difficulty because a guilt-offering may not be brought with a conditional stipulation. (Moreover, the sin-offering should not be offered before the guilt-offering.) And if he had already brought the guilt-offering, then the advice the Rambam gives: to bring about a situation where he is poor and hence, may bring a poor man’s offering is irrelevant, because as mentioned in the previous halachah, everything depends on a person’s status at the time his guilt-offering is brought

42.

Arachin 17a derives this from the seemingly redundant wording of Leviticus 14:21: “If he is poor and he does not have the capacity.” Obviously, a poor person does not have the capacity. Why is this phrase added? For a situation like the one above when the person responsible for the sacrifices has the capacity to bring a wealthy man’s offering.

43.

See Hilchot Ma’aseh HaKorbanot 14:9 which states that this concept also applies with regard to one who vows to bring the sacrifices of a woman after childbirth.

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