ב"ה

Rambam - 1 Chapter a Day

Tum'at Okhalin - Chapter 13

Show content in:

Tum'at Okhalin - Chapter 13

1When a person draws water with a cylinder,1 the water remaining in the cylinder is considered as having been willfully uprooted for three days.2אהַמְמַלֵּא בַּקִּילוֹן - הַמַּיִם הַנִּשְׁאָרִים בַּקִּילוֹן, הֲרֵי הֵן תְּלוּשִׁין בְּרָצוֹן עַד שְׁלֹשָׁה יָמִים.
After being left for three days, however, it is not considered to have been uprooted willfully.3 Instead, if liquid remains there, it does not make foods subject to impurity.אֲבָל אַחַר שְׁלֹשָׁה יָמִים, אֵינָן תְּלוּשִׁין בְּרָצוֹן, אֶלָּא אִם נִשְׁאַר שָׁם מַשְׁקֶה, אֵינוֹ מַכְשִׁיר.
2When wood was exposed to liquids4 willfully, but rain fell upon it against the person’s will, if there was more rain than liquid, all of the liquid on the wood is considered to have come against the person’s will. If he brought wood out so that the rain would fall upon it, even though there is a majority of rainwater, all of the liquid is considered as having been poured on the wood willfully.5בעֵצִים שֶׁנָּפְלוּ עֲלֵיהֶן מַשְׁקִין בְּרָצוֹן, וְיָרְדוּ עֲלֵיהֶן גְּשָׁמִים שֶׁלֹּא לְרָצוֹן - אִם רַבּוּ, הֲרֵי כֻּלָּן שֶׁלֹּא לְרָצוֹן; הוֹצִיאָן שֶׁיֵּרְדוּ עֲלֵיהֶן גְּשָׁמִים, אַף עַל פִּי שֶׁרַבּוּ - הֲרֵי כֻּלָּן לְרָצוֹן.
When a person’s feet or the feet of his animal were filled with mud and he crossed a river and rinsed them, if he was happy, the water on his or their feet is considered to have been uprooted willfully.6 If he was not happy, they are not considered as uprooted willfully.7הָיוּ רַגְלָיו אוֹ רַגְלֵי בְהֶמְתּוֹ מְלֵאוֹת טִיט, וְעָבַר בַּנָּהָר וְרָחֲצוּ: אִם שָׂמַח, הֲרֵי הַמַּיִם הָעוֹלִין עֲלֵיהֶן תְּלוּשִׁין בְּרָצוֹן; וְאִם לָאו, אֵינָן בְּרָצוֹן.
3When a person brings wooden wheels and implements used for oxen8 into water during the summer when the east wind9 blows so that the cracks in the wood will seal,10 the water that ascends with them is considered as having been uprooted willfully.11גהַמּוֹרִיד אֶת הַגַּלְגַּלִּים וְאֶת כְּלֵי הַבָּקָר בִּשְׁעַת הַקָּדִים לַמַּיִם, כְּדֵי שֶׁיִּסָּתְמוּ הַסְּדָקִין שֶׁבָּעֵץ - הֲרֵי הַמַּיִם הָעוֹלִין בָּהֶן תְּלוּשִׁין בְּרָצוֹן.
4When a person leads an animal down to a stream to drink, the water that ascend with its mouth is considered as having been uprooted willfully.12 The water that ascends on its feet are not considered as having been uprooted willfully,13 unless he had the intent that its feet be rinsed.14דהַמּוֹרִיד אֶת הַבְּהֵמָה לִשְׁתּוֹת, הַמַּיִם הָעוֹלִין בְּפִיהָ תְּלוּשִׁין בְּרָצוֹן; וּבְרַגְלֶיהָ אֵינָן כִּתְלוּשִׁין בְּרָצוֹן, אֶלָּא אִם חִשַּׁב שֶׁיּוּדְחוּ רַגְלֶיהָ.
When the animal’s feet are diseased,15 and in the threshing season,16 even the water on its feet is considered as having been uprooted willfully.17וּבִשְׁעַת [הַחֹרֶף] הַיַּחַף וְהַדַּיִשׁ, אַף שֶׁבְּרַגְלֶיהָ תְּלוּשִׁין בְּרָצוֹן.
If a deafmute, a mentally or emotionally compromised person, or a minor18 brought the animal to drink, even if he intended that its feet be washed, the water that ascends on its feet is not considered to have been uprooted willfully, because the deeds of such individuals are halachically significant, but their intent is not.19הוֹרִידָהּ חֵרֵשׁ שׁוֹטֶה וְקָטָן, אַף עַל פִּי שֶׁחִשַּׁב שֶׁיּוּדְחוּ רַגְלֶיהָ - הַמַּיִם הָעוֹלִין בְּרַגְלֶיהָ אֵינָן תְּלוּשִׁין בְּרָצוֹן; שֶׁיֵּשׁ לָהֶן מַעֲשֶׂה, וְאֵין לָהֶן מַחֲשָׁבָה.
5When a person immerses himself in water, the water on his body is considered to have been uprooted willfully.20 If, however, one passes through water,21 all of the water on his body is not considered to have been willfully uprooted.22ההַטּוֹבֵל בַּמַּיִם, הֲרֵי כָּל הַמַּיִם שֶׁעַל בְּשָׂרוֹ תְּלוּשִׁין בְּרָצוֹן; אֲבָל הָעוֹבֵר בַּמַּיִם, כָּל הַמַּיִם שֶׁעַל בְּשָׂרוֹ אֵינָן תְּלוּשִׁין בְּרָצוֹן.
6When a person immerses himself in a river and there was another river before him and he crossed it, the second water nullifies the presence of the first water23 and the water on his body is not considered as having been uprooted willfully.ומִי שֶׁטָּבַל בַּנָּהָר, וְהָיָה לְפָנָיו נָהָר אַחֵר וְעָבַר בּוֹ - בִּטְּלוּ הַשְּׁנִיִּים אֶת הָרִאשׁוֹנִים, וַהֲרֵי הַמַּיִם שֶׁעָלָיו אֵינָן תְּלוּשִׁין בְּרָצוֹן.
Similarly, if a person’s friend pushed him or his animal into a pool,24 the presence of the first water is nullified.25 If, however, he pushed him in jest,26 the second water does not nullify the first and the water that is on his body is considered as having been uprooted willfully.27וְכֵן אִם דָּחָהוּ חֲבֵרוֹ לְשַׁכְּרוֹ אוֹ לְשַׁכֵּר בְּהֶמְתּוֹ, בָּטְלוּ הַמַּיִם הָרִאשׁוֹנִים; אֲבָל אִם דָּחָהוּ דֶּרֶךְ שְׂחוֹק - לֹא בָטְלוּ, אֶלָּא הֲרֵי הַמַּיִם שֶׁעָלָיו תְּלוּשִׁין לְרָצוֹן.
If a person immerses himself in a river and ascended and then, rain fell upon him,28 should there be more rainwater than river water on his body, the rainwater nullifies the presence of the first water and the water on his body is not considered as having been uprooted willfully.טָבַל בַּנָּהָר וְעָלָה, וְיָרְדוּ עָלָיו גְּשָׁמִים - אִם רַבּוּ הַגְּשָׁמִים, הֲרֵי בָּטְלוּ מַיִם הָרִאשׁוֹנִים, וַהֲרֵי כָּל הַמַּיִם שֶׁעָלָיו אֵינָן תְּלוּשִׁין בְּרָצוֹן.
7When a person is swimming on the surface of water, the water he splashes is not considered as having been uprooted willfully.29 The water on his body, however, is considered as having been uprooted willfully.30זהַשָּׁט עַל פְּנֵי הַמַּיִם - הַמַּיִם הַנִּתָּזִין אֵינָן תְּלוּשִׁין בְּרָצוֹן, וְהַמַּיִם הָעוֹלִין עָלָיו תְּלוּשִׁין בְּרָצוֹן.
If he intended to splash water on a friend, the water he splashes is considered as uprooted willfully.אִם נִתְכַּוֵּן לְהַתִּיז עַל חֲבֵרוֹ, אַף הַנִּתָּזִין תְּלוּשִׁין בְּרָצוֹן.
8When a person makes a squirting spout31 in the water, the water squirted from it and within it are not considered as uprooted willfully.32חהָעוֹשֶׂה צִפּוֹר בַּמַּיִם - הַמַּיִם הַנִּתָּזִין וְאֶת שֶׁבָּהּ, אֵינָן תְּלוּשִׁין בְּרָצוֹן.
9When a person measures a cistern to find out how deep it is, the water that ascends on his hand and on the article with which he measures is considered as having been uprooted willfully.33 If he measures its width, the water that ascends on his hand and on the article with which he measures is not considered as having been uprooted willfully.34טהַמּוֹדֵד אֶת הַבּוֹר לֵידַע עָמְקוֹ - מַיִם הָעוֹלִין בְּיָדוֹ וּבַדָּבָר שֶׁמָּדַד בּוֹ, תְּלוּשִׁין בְּרָצוֹן; וְאִם מָדַד רָחְבּוֹ - מַיִם הָעוֹלִין בְּיָדָיו אוֹ בַּדָּבָר שֶׁמָּדַד בּוֹ, אֵינָן תְּלוּשִׁין בְּרָצוֹן.
If a person extends his hand or foot into a cistern to see whether it contains water, the water that ascends on his hand or foot is not considered as having been uprooted willfully.35 If he extends them to see how much water is there, the water that ascends on his hand or foot is considered as having been uprooted willfully.36פָּשַׁט יָדוֹ אוֹ רַגְלוֹ לַבּוֹר לֵידַע אִם יֵשׁ בּוֹ מַיִם - הֲרֵי הַמַּיִם הָעוֹלִין בְּיָדוֹ אוֹ בְּרַגְלוֹ, אֵינָן תְּלוּשִׁין בְּרָצוֹן; פְּשָׁטָן לֵידַע כַּמָּה מַיִם שָׁם, הָעוֹלִין בָּהֶן תְּלוּשִׁין בְּרָצוֹן.
If he casts a stone into a cistern to see if it contains water, the water that is splashed is not considered as uprooted willfully.37 Similarly, the water on the stone38 is not considered as uprooted willfully.39זָרַק אֶבֶן לַבּוֹר לֵידַע אִם יֵשׁ בּוֹ מַיִם - הַנִּתָּזִין אֵינָן בְּרָצוֹן, וְשֶׁעַל הָאֶבֶן אֵינָן כִּתְלוּשִׁין.
10If a person beats a hide from which the wool has not been separated40 while it is outside the water, the water that is expelled from is considered as having been uprooted willfully, for his desire is that the water be expelled.41יהַחוֹבֵט עַל הַשֶּׁלַח חוּץ לַמַּיִם - הַנִּתָּזִין מִמֶּנּוּ תְּלוּשִׁין בְּרָצוֹן, שֶׁהֲרֵי רְצוֹנוֹ שֶׁיֵּצְאוּ.
If, however, he beats it while it is in the water, the water is not considered as having been uprooted willfully.42חָבַט עָלָיו וְהוּא בְּתוֹךְ הַמַּיִם, אֵינָן תְּלוּשִׁין בְּרָצוֹן.
11The water that ascends on a ship, its reservoir,43 and its oars is not considered to have been uprooted willfully.44 Similarly, the water on the snares, nets, and meshes45 is not considered to have been uprooted willfully.46 If one shakes them out, it is considered to have been uprooted willfully.47יאהַמַּיִם הָעוֹלִין בַּסְּפִינָה וּבָעֵקֶל וּבַמְּשׁוֹטוֹת, אֵינָן תְּלוּשִׁין בְּרָצוֹן. וּבַמְּצוּדוֹת וּבָרְשָׁתוֹת וּבַמִּכְמָרוֹת, אֵינָן תְּלוּשִׁין בְּרָצוֹן; וְאִם נִעֵר, תְּלוּשִׁין בְּרָצוֹן.
Similarly, the water on the table-coverings48 or coverings for bricks49 is not considered to have been uprooted willfully.50 If one shakes them out, it is considered to have been uprooted willfully.וְכֵן הַמַּיִם שֶׁעַל הַקַּסְיָה שֶׁל שֻׁלְחָנוֹת, וְעַל הַשִּׁיפָה שֶׁל לְבֵנִים - אֵינָן בְּרָצוֹן; וְאִם נִעֵר, הֲרֵי אֵלּוּ בְּרָצוֹן.
12When a person takes a ship out to the Mediterranean Sea to strengthen it,51 takes a peg out to the rain to harden it,52 or takes a firebrand out to the rain to make it a coal,53 the water on them is considered to have been uprooted willfully.54יבהַמּוֹלִיךְ אֶת הַסְּפִינָה לַיָּם הַגָּדוֹל לְצָרְפָהּ, הַמּוֹצִיא מַסְמֵר לַגְּשָׁמִים לְצָרְפוֹ, הַמַּנִּיחַ אֶת הָאוּר בַּגְּשָׁמִים לַעֲשׂוֹתוֹ פֶּחָם - הֲרֵי הַמַּיִם שֶׁעֲלֵיהֶן תְּלוּשִׁין בְּרָצוֹן.
If, however, one takes a glowing peg or a firebrand out to the rain to quench their fire, the water on them is not considered to have been uprooted willfully.55אֲבָל הַמּוֹצִיא אֶת הַמַּסְמֵר וְאֶת הָאוּר לַגְּשָׁמִים לְכַבּוֹתָן, אֵין הַמַּיִם שֶׁעֲלֵיהֶן תְּלוּשִׁין בְּרָצוֹן.
13When one lowers a chain with a hook into a cistern to lift up a container or a pitcher or one lowered a basket into a cistern so that a chicken would sit on it,56 the water on these objects is not considered to have been uprooted willfully.57יגשִׁלְשֵׁל אֶת הַמְּשֹׁלֶת לַבּוֹר לְהַעֲלוֹת בָּהּ כְּלִי אוֹ קִיתוֹן, שִׁלְשֵׁל אֶת הַכַּלְכָּלָה לַבּוֹר כְּדֵי שֶׁתֵּשֵׁב עָלֶיהָ הַתַּרְנְגֹלֶת - אֵין הַמַּיִם שֶׁעָלֶיהָ תְּלוּשִׁין בְּרָצוֹן.
14When one smoothes out cress to remove the water58 on it or one squeezes the water on his hair into his garments, the water that emerges is considered to have been uprooted willfully.59 The water that remains60 is not considered to have been uprooted willfully, because he desired that all of the water be purged originally.61ידהַמְמַחֵק אֶת הַכְּרֵשָׁה לְהָסִיר הַמַּיִם שֶׁעָלֶיהָ, וְהַסּוֹחֵט שְׂעָרוֹ בִּכְסוּתוֹ - הַמַּיִם הַיּוֹצְאִין תְּלוּשִׁין בְּרָצוֹן; וְהַנִּשְׁאָרִין אֵינָן תְּלוּשִׁין בְּרָצוֹן, מִפְּנֵי שֶׁרְצוֹנוֹ שֶׁיֵּצְאוּ מִכֻּלָּן.
The cress itself62 becomes susceptible to impurity, because the water makes it susceptible to impurity when it departs.63 If he removed the water from it with all his power, it does not become susceptible to impurity.64וּכְרֵשָׁה עַצְמָהּ הֻכְשְׁרָה, שֶׁבִּשְׁעַת פְּרִישָׁתָהּ מַכְשִׁירִין; וְאִם נִתַּק הַמַּיִם מֵעָלֶיהָ בְּכָל כֹּחוֹ, לֹא הֻכְשְׁרָה.
15When a person shakes a tree to cause food that had been placed there or an impure object65 to descend, the water which sputters from it is not considered to have been uprooted willfully.66טוהַמַּרְעִיד אֶת הָאִילָן לְהַשִּׁיר מִמֶּנּוּ אֹכָלִין אוֹ לְהַשִּׁיר טֻמְאָה, הַמַּיִם הַנִּתָּזִין מִמֶּנָּה אֵינָן תְּלוּשִׁין בְּרָצוֹן.
If he shook it to remove the liquids, the liquids that fall are considered to have been uprooted willfully. The liquids that remain inside it are not considered to have been uprooted willfully67 even though they moved from place to place, because his intent was that they be removed entirely.68הִרְעִידוֹ לְהַשִּׁיר מִמֶּנּוּ מַשְׁקִין: הַיּוֹצְאִין, הֲרֵי הֵן תְּלוּשִׁין; וְהַנִּשְׁאָרִין בּוֹ, אַף עַל פִּי שֶׁנָּשְׁרוּ מִמָּקוֹם לְמָקוֹם, אֵינָן תְּלוּשִׁין בְּרָצוֹן, מִפְּנֵי שֶׁהוּא מִתְכַּוֵּן שֶׁיֵּצְאוּ מִכֻּלּוֹ.
Similarly, if the liquids sputter on produce that is connected to the ground,69 they are not considered to have been uprooted willfully.70וְכֵן אִם נִתְּזוּ עַל הַמְּחֻבָּרִין, אֵינָן תְּלוּשִׁין בְּרָצוֹן.
16When a person shakes a tree and water from it falls on another tree or a branch71 and then the water fell on other branches under which there were plants and vegetables attached to the ground, the water on the plants or the vegetables are not considered to have been uprooted willfully.72טזהַמַּרְעִיד אֶת הָאִילָן וְנָפַל עַל חֲבֵרוֹ, אוֹ סוֹכָה וְנָפְלָה עַל חֲבֶרְתָּהּ, וְתַחְתֵּיהֶן זְרָעִים וִירָקוֹת מְחֻבָּרִים לַקַּרְקַע, וְנָפְלוּ הַמַּיִם עַל הַפֵּרוֹת הַמְּחֻבָּרִין שֶׁתַּחְתֵּיהֶן - אוֹתָן הַמַּיִם שֶׁבַּזְּרָעִים וְשֶׁבַּיְרָקוֹת אֵינָן תְּלוּשִׁין בְּרָצוֹן.
17As explained in Hilchot Terumot,73 when one poured water over wine dregs that were terumah, the first and second batches produced are forbidden to non-priests.74 If the dregs had come from grapes consecrated for improvements for the Temple,75 even the third batch is forbidden.76 And if the grapes were consecrated for use for the Altar,77 all mixtures78 are forbidden. If the grapes are definitely79 from the second tithe,80 only the first batch is forbidden.81יזשְׁמָרִים שֶׁל תְּרוּמָה שֶׁנָּתַן עֲלֵיהֶן מַיִם, כְּבָר בֵּאַרְנוּ בִּתְרוּמוֹת שֶׁהָרִאשׁוֹן וְהַשֵּׁנִי אָסוּר לְזָרִים; וְשֶׁל הֶקְדֵּשׁ בֶּדֶק הַבַּיִת, אַף הַשְּׁלִישִׁי אָסוּר; וְשֶׁל קָדְשֵׁי מִזְבֵּחַ, לְעוֹלָם אָסוּר; וְשֶׁל מַעֲשֵׂר שֵׁנִי הַוַּדַּאי, רִאשׁוֹן בִּלְבָד אָסוּר.
Just as these groundrules were established with regard to prohibitions, so too, they are applied with regard to the mixture making foods susceptible to ritual impurity.82כְּשֵׁם שֶׁאָמְרוּ לְעִנְיַן אִסּוּרָן, כָּךְ אָמְרוּ לְעִנְיַן הֶכְשֵׁרָן.
For example, water became mixed with dregs on its own accord83 and an animal84 drank one mixture after another.85 An animal is mentioned, because if, by contrast, a person would remove the first water, even though the water fell on its own accord, since a person gave thought to it and objected to its presence, it is considered significant and imparts impurity.כְּגוֹן שֶׁנִּתְמְדוּ מֵאֵלֵיהֶן, וְהָיְתָה בְּהֵמָה שׁוֹתָה רִאשׁוֹן רִאשׁוֹן; שֶׁאִם הָיָה הָאָדָם הוּא שֶׁמֵּסִיר הַמַּיִם הָרִאשׁוֹנִים, אַף עַל פִּי שֶׁמֵּאֲלֵיהֶן נָפְלוּ - כֵּיוָן שֶׁחִשְּׁבָן וְהִקְפִּיד עֲלֵיהֶן, מַכְשִׁירִין.
Footnotes
1.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Machshirin 4:10). There the Rambam states that we are speaking about a wooden or earthenware cylinder.

2.

Because it was filled through a person’s conscious effort.

3.

The fact that he left the water there for such an extended time indicates that he had no desire for it and intended to let the water to dry up (Machshirin 4:10).
The Ra’avad differs with the Rambam, maintaining that once the water has been considered as having been uprooted willingly, it cannot be taken out of that category. Instead, he interprets Machshirin, op. cit. (the Rambam’s source) as referring to water on the outside of the cylinder.

4.

I.e., one of the seven liquids that make food susceptible to impurity [the Rambam’s Commentary to the Mishnah (Machshirin 4:11)].

5.

Even though he did not pour the rainwater over the wood, the fact that he intended for the rain to descend upon it is sufficient for the exposure to the rainwater to be considered as willful.

6.

Since he was happy that his feet (or his animal’s feet) were washed, it is as if he intentionally poured water over them.

7.

Because to make food susceptible to ritual impurity, the person must have uprooted the water intentionally or, at least, been happy that it was uprooted. This entire chapter revolves around determining which activities are considered as willfully uprooting water and which are not.
As explained in Kiddushin 59b, when stating how produce becomes susceptible to ritual impurity, Leviticus 11:38 uses the wording ki yutan mayim..., “When water was placed on seeds,” employing a passive form. Although the pronunciation implies that a person’s intent is not significant, the way the term is written in the Torah allows for the reading ki yitain, “when a person will place water,” Our Sages explain, when ki yutan resembles ki yitain, i.e., when a person is satisfied that his produce was exposed to water even if he did not perform an activity to do so, it becomes susceptible to impurity.

8.

A plow or the like [the Rambam’s Commentary to the Mishnah (Machshirin 3:8)].

9.

Which is hot and dry.

10.

I.e., the water will cause the wood to swell and thus cause its cracks to close.

11.

Because it is obvious that if one would submerge these implements in water, water would ascend with them when they are pulled out.

12.

Since there is no way an animal can drink without getting its mouth wet, desiring that it drink is equivalent to desiring that water become uprooted with its mouth.

13.

Because it is possible for an animal to drink without getting its feet wet. Therefore, desiring that it drink is not equivalent to desiring that its feet to get wet.

14.

As in Halachah 2.

15.

Our translation is based on the Rambam’s Commentary to the Mishnah (Machshirin 3:8) which explained that the mishnah is referring to a sickness that affects the feet of an animal that is required to walk too much. This translation follows the version in the authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text follows a slightly different version.

16.

At that time, the long hours of threshing can also cause the animal’s feet to be injured (ibid.).

17.

Because at such times, it is obvious that soaking the animal’s feet in water will be beneficial for it and, hence, desired by its owners. They need not have a specific intent that this take place.

18.

Since they are not intellectually developed, their intent is not halachically significant.

19.

This is a principle applying not only within the context of the laws of ritual impurity, but in many other areas of Torah law.

20.

For his immersion to be effective, the water must touch his body. Hence, his intent is that the water be uprooted.

21.

He crosses a river or stream and enters the water only because he desires to reach the other side.

22.

Even though he willfully entered the river, since he did not desire to get wet, it is not considered as if he intentionally uprooted the water.

23.

As obvious from the previous halachah, although the initial water would be considered as having been uprooted willfully, the second water is not. It is considered as if the second water washed away all of the initial water.

24.

The translation of this term is taken from the context. Some texts use the term (Hebrew) whose root means “dam” and thus the meaning could be a pool resulting from a dam. Alternatively it can be interpreted as meaning “when he was drunk,” i.e., and not aware of his actions. The authoritative manuscripts of the Mishneh Torah, however, use the term (Hebrew) which can be interpreted as meaning “to break him,” i.e., to harm the person or his animal.

25.

This is speaking about an instance where the second person pushed the first person or his animal into the water with a malicious intent, against the will of the first. The second water is considered to have washed away the first water. And the second water is not considered to have been uprooted willfully, because the person did not desire to be pushed into the water.

26.

I.e., the two were willfully cavorting near the water.

27.

Since they were willfully playing together, the person who was pushed into the water should have considered that possibility. Hence it is considered as if he desired that this take place and his being pushed into the water is not considered against his will [the Rambam’s Commentary to the Mishnah (Machshirin 5:1)].

28.

Rainwater that descends upon a person’s body is not considered to have been uprooted willfully.

29.

For he does not intentionally uproot that water.

30.

For he did desire to swim and thus his body would certainly become wet.

31.

The literal meaning of the term used by the Rambam (quoted from Machshirin 5:2) is "a bird." In his Commentary to the Mishnah, the Rambam explains that youths would frequently make such spouts out of reeds.

32.

For the person's intent is to squirt the water out and not to squirt it on any particular individual or object. Similarly, the water remaining in the spout is not considered as uprooted willfully, because the person does not desire that it remain there (ibid.). Rav Yosef Corcus emphasizes that this is speaking about an instance where the spout remains in the water. Were it to be taken out of the water, the water it contains and which squirts forth would have been considered removed willfully.

33.

For undoubtedly his hand or the measuring stick will come in contact with water in this activity.

34.

It is possible for him to measure the width of the opening of the cistern without getting his hand or the measure stick wet. Hence, even if they do become wet, this is not considered as a willful act.

35.

Since he has no desire for the water per se and it is not inevitable that he will come in contact with it, the water is not considered as having been uprooted willfully.

36.

For in this instance, he is certain that his hand will become wet.

37.

For he has no intent or purpose in uprooting that water, nor is he certain that there is water there.

38.

In his Commentary to the Mishnah (Machshirin 5:5), the Rambam states that this is speaking about a stone that is resting in the water, but projecting above it.

39.

Since the stone is resting on the ground in the cistern, even the water on its upper surface is not considered to have been uprooted from the ground. As the Ra’avad notes, the Rambam altered the wording of the mishnah to fit the context.

40.

Our translation is taken from the Rambam’s Commentary to the Mishnah (ibid.:6).

41.

Indeed, that is the reason for his act (ibid.

42.

On the contrary, then his intent is to wash the hide. Obviously, it will remain wet.

43.

In his Commentary to the Mishnah (Machshirin 5:7), the Rambam explains that this refers to a place in the middle of a ship where the water that leaks in from the sides of the ship is left to collect and from there, it is removed from the ship.

44.

For the person is not interested in collecting this water at all.

45.

Which are used to catch fish or other animals (ibid.).

46.

Even though he purposely placed them in the water, he has no desire for the water that ascends upon them.

47.

Because then the person is intentionally casting the water off.

48.

I.e., coverings placed on a table after it was set with food (ibid.:8). The Ra'avad offers a different interpretation of the term used by the Rambam (and his Mishnaic source), but there is no conceptual difference between his view and that of the Rambam.

49.

A covering placed on bricks before they were hardened by being fired in a kiln. The covering prevents the rain for damaging them (ibid.).

50.

Because he did not desire that water collect on them.

51.

When a ship is left on dry land for an extended period of time, it dries out and cracks appear in its walls. Therefore, from time to time, it is desirable to take it out to the water so that its walls will absorb water, swell, and close those cracks (ibid.:7).

52.

When metal that has been exposed to fire is suddenly placed in water, it contracts and hardens (ibid.).

53.

Instead of letting it bum out entirely and turn to ash.

54.

For one’s intent is to expose the substances themselves to the water.

55.

In this instance, the person has no desire that there be water on the substances themselves, merely, that it quench the fire. The Kessef Mishneh notes that the Rambam’s ruling follows the Tosefta (Machshirin 2:6), but appears to run contrary to the ruling of the Mishnah (Machshirin 5:7), although generally, the Mishnah is favored over the Tosefta. The Kessef Mishneh explains, however, that it is not necessary to see the sources as having divergent views. Instead, the Tosefta can be interpreted as an explanation of the mishnah: When is one liable for taking out a firebrand to quench its flame? When one intends to make it into a coal.

56.

The intent is to lift the implement or the chicken out of the cistern.

57.

For he has no desire that the hook or the basket become wet.

58.

In his Commentary to the Mishnah (Machshirin 1:5), the Rambam interprets this as referring to an instance where the cress were still connected to the ground or water fell upon them against the owner’s will.

59.

Because he willfully desired to remove the liquid from the vegetable or his hair.

60.

And later drips onto food.

61.

Hence, it cannot be said that the fact that they moved from one portion of the vegetable or his hair to another causes them to be considered as having been uprooted willfully, as mentioned in the following halachah. In his Commentary to the Mishnah (ibid.), the Rambam emphasizes that although the mishnah states this ruling in the name of Rabbi Yossi, it is not a minority view, but rather it follows the opinion of the School of Hillel.

62.

If detached from the ground.

63.

Since he desires to have the water move off the vegetable, with regard to the vegetable itself, the movement of the water from one portion of the vegetable to the other is considered as a willful action and thus makes the vegetable susceptible to ritual impurity.

64.

Since he acted to remove the water with all his power, he indicated that he did not desire the water on it at all.

65.

In his gloss to Machshirin 1:2, Rav Ovadiah of Bartenura explains that this refers to an instance where a raven had brought the carcass of a crawling animal or a portion of the carcass of an animal into the tree.

66.

Because his intent is not for the liquids to be removed from the tree.

67.

Hence if the liquids fall on food in the tree or fall off later onto food, they do not make it susceptible to impurity.

68.

Since that intent was not satisfied, the fact that they moved from place to place in the tree is of no significance.

69.

If the liquids later fall on other produce that was detached, they do not cause that produce to become susceptible to impurity.

70.

For the fact that they were uprooted intentionally the first time is not significant. Since they fell on produce that was attached to the ground, it is how they are uprooted the second time that determines their status.
The Ra’avad states that the Rambam should have mentioned that if the produce was detached from the ground while the water was still on it, it does become susceptible to impurity. The Kessef Mishneh cites rulings that support the Ra’avad’s understanding.

71.

Our translation is based on the Rambam’s Commentary to the Mishnah (Machshirin 1:3). As stated there, the ruling that follows applies even if one shook the tree with the intent to remove the water from the tree.

72.

Since they came to rest on a plant or a portion of a plant that was still connected to the ground, the fact that initially they were uprooted willfully is of no consequence. The Ra’avad offers a different understanding of the mishnah, while the Kessef Mishneh explains the Rambam’s conception. The Kessef Mishneh asks, however: Why is it necessary that the water had to fall from one tree or one branch to another? Since the produce on which the water fell was still attached to the ground, seemingly, the same ruling would apply even if the water fell directly from the first tree or branch to it.
The Kessef Mishneh explains that it is possible to say that the Rambam’s point is that since the water fell from one tree or branch to another, even if it ultimately falls on the produce below the tree, it is not considered as if it fell there willfully. Hence, even if that produce was detached from the ground while wet, it does not become susceptible to ritual impurity.
[It must be emphasized that this explanation follows the revised version of the Rambam’s Commentary to the Mishnah (see Rav Kapach’s translation). The original version (preserved in the standard published text) follows a different understanding.]

73.

Hilchot Terumot 11:13.

74.

I.e., the amount of grape juice present is substantial enough for the mixture to be considered like grape juice and therefore permitted only to priests. From the third batch on, however, the amount of grape juice is not that substantial. Hence, even if the mixture has the flavor of wine, it may be drunk by a non-priest.

75.

I.e., to be sold and the money used for improvements for the Temple.

76.

This is an extra stringency due to the importance attached to consecrated substances. See Hilchot Meilah 5:12.

77.

I.e., for wine libations to be produced from them.

78.

Even a fifth or sixth batch.

79.

If, however, the fruit was taken from an unlearned person, different laws apply. Generally, the second tithe is taken from such fruit as a safeguard, because not all unlearned people separate the second tithe. In such an instance, however, a mixture made with the dregs of such grapes is permitted entirely.

80.

Which must be eaten in a state of purity in Jerusalem.

81.

I.e., forbidden to be eaten like ordinary produce. See Hilchot Ma'aser Sheni 3:12.

82.

I.e., ordinarily if water became mixed with wine dregs without man's intent, after the first mixture, it would no longer be considered desirable as water, and hence would not make foods susceptible to ritual impurity. If, however, the dregs came from grapes that were from terumah, the second tithe, or which were consecrated, the later mixtures of water can also make foods susceptible to impurity. The rationale is that since the mixture is considered significant with regard to the Torah's prohibitions, it is also significant in this context.

83.

I.e., without human effort.

84.

If, however, a human drank the mixture, it would be considered as water, regardless of how many mixtures there were.

85.

The water that is ultimately left by the animal is subject to the groundrules mentioned above.

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.