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Tum'at Okhalin - Chapter 15

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Tum'at Okhalin - Chapter 15

1Water that is in a container contracts impurity, whether it entered the container willfully or against one’s desires. It imparts impurity to foods and keilim1 whether it came in contact with them willfully or against one’s will. Water collected on the earth, by contrast, e.g., water in a cistern, storage trench, or storage cavern or water in a pit that does not contain 40 se’ah,2 does not contract impurity unless it comes in contact with the source of impurity willfully, nor does it impart impurity unless it comes in contact with the food willfully.3אמַיִם שֶׁבְּכֵלִים - מִתְטַמְּאִין בֵּין לְרָצוֹן בֵּין שֶׁלֹּא לְרָצוֹן, וּמְטַמְּאִין אֹכָלִים וְכֵלִים, בֵּין שֶׁנָּפַל עֲלֵיהֶן בְּרָצוֹן בֵּין שֶׁלֹּא נָפַל עֲלֵיהֶן בְּרָצוֹן. אֲבָל מַיִם שֶׁבַּקַּרְקָעוֹת, כְּגוֹן מֵי בוֹרוֹת שִׁיחִין וּמְעָרוֹת וּמֵי גְבָאִים שֶׁאֵין בָּהֶן אַרְבָּעִים סְאָה - אֵין מִתְטַמְּאִין אֶלָּא לְרָצוֹן, וְאֵין מְטַמְּאִין אֶלָּא בְּרָצוֹן.
What is implied? When there was less than 40 se’ah of water collected on the ground, whether it was drawn4 or it was not drawn, and a human corpse fell into this water or an impure person walked through it, it is pure.5כֵּיצַד? מַיִם שֶׁבַּקַּרְקַע שֶׁאֵין בָּהֶן אַרְבָּעִים סְאָה, בֵּין שֶׁהָיוּ שְׁאוּבִין בֵּין שֶׁאֵינָן שְׁאוּבִין, שֶׁנָּפַל לְתוֹכָן הַמֵּת, אוֹ שֶׁהָלַךְ בָּהֶן הַטָּמֵא - הֲרֵי אֵלּוּ טְהוֹרִין.
If, however, an impure person drank from this water, one filled an impure container with it, or impure liquids willfully fell into it, the water becomes impure even though it is still collected on the ground.6אֲבָל אִם שָׁתָה מֵהֶן אָדָם טָמֵא, אוֹ שֶׁמִּלֵּא בָהֶן בִּכְלִי טָמֵא, אוֹ שֶׁנָּפְלוּ לְתוֹכָן מַשְׁקִין טְמֵאִין בְּרָצוֹן - הֲרֵי אֵלּוּ טְמֵאִין, וְאַף עַל פִּי שֶׁהֵן בַּקַּרְקַע.
If a pure person drank from this water after it became impure on the ground7 or one filled a pure container with it, the person who drank and the container with which the water was drawn becomes impure, because he drank or the container was filled intentionally.שָׁתָה מֵהֶן הַטָּהוֹר אַחַר שֶׁנִּטְמְאוּ בַּקַּרְקַע, אוֹ שֶׁמִּלֵּא בָהֶן בִּכְלִי טָהוֹר - נִטְמָא הַשּׁוֹתֶה, וְנִטְמָא הַכְּלִי; שֶׁהֲרֵי בְּרָצוֹן שָׁתָה אוֹ מִלֵּא.
If a loaf that was terumah fell into such water, it is pure as it was originally, because the water imparts8 impurity only when foods come in contact with it willfully. Therefore, if one washed his hand and removed a loaf, the loaf contracts impurity from the water on the person’s hand, because it was removed willfully.9נָפַל לְתוֹכָן כִּכָּר שֶׁל תְּרוּמָה - הֲרֵי הוּא טָהוֹר כְּשֶׁהָיָה, שֶׁאֵין מִתְטַמְּאִין אֶלָּא לְרָצוֹן; לְפִיכָךְ אִם הֵדִיחַ יָדוֹ, וְהוֹצִיא הַכִּכָּר - נִטְמָא הַכִּכָּר בַּמַּיִם שֶׁבְּיָדָיו, שֶׁהֲרֵי הֵן בְּרָצוֹן.
2The following laws apply to water that is collected in a pit and other types of water collected on the ground, e.g., water in a cistern, storage trench, or storage cavern, rainwater that stopped flowing and collected in one place or mikvaot that do not contain 40 se’ah that became impure. If rain then descended, causing there to be more rainwater than the water originally collected, even if the original water did not flow out, those bodies of water become pure.10במֵי גְבָאִים וְכַיּוֹצֵא בָהֶן מִמַּיִם שֶׁבַּקַּרְקָעוֹת, כְּגוֹן מֵי בוֹרוֹת שִׁיחִין וּמְעָרוֹת, וּמֵי תַמְצִית שֶׁפָּסְקוּ, וּמִקְוָאוֹת שֶׁאֵין בָּהֶן אַרְבָּעִים סְאָה, שֶׁנִּטְמְאוּ, וְיָרְדוּ לָהֶם גְּשָׁמִים וְרַבּוּ מֵי גְשָׁמִים עֲלֵיהֶן, אַף עַל פִּי שֶׁלֹּא שָׁטְפוּ - הֲרֵי הֵן טְהוֹרִין.
Therefore, during the rainy season, all water collected on the ground, e.g., water collected in a pit or the like, is assumed to be pure.11לְפִיכָךְ כָּל הַמַּיִם שֶׁבַּקַּרְקָעוֹת, כְּגוֹן מֵי גְבָאִים וְכַיּוֹצֵא בָהֶן - בִּשְׁעַת הַגְּשָׁמִים, הַכֹּל בְּחֶזְקַת טָהֳרָה.
3Different laws apply when the rains cease. When such bodies of water are close to a town or a thoroughfare, they are impure, because it can be assumed that an impure person drank from them and/or water was drawn from them in impure containers.12 Those that are distant are pure until the majority of people begin walking.13 Once they do, they are all assumed to be impure, because those who journey on caravans drink from them.גפָּסְקוּ הַגְּשָׁמִים - הַקְּרוֹבִים לָעִיר אוֹ לַדֶּרֶךְ, טְמֵאִין; שֶׁהֵן בְּחֶזְקַת שֶׁשָּׁתָה מֵהֶן הַטָּמֵא, וְשֶׁמִּלְּאוּ מֵהֶן בְּכֵלִים טְמֵאִין. וְהָרְחוֹקִים טְהוֹרִין, עַד שֶׁיְּהַלְּכוּ רֹב הָאָדָם; הָלְכוּ - הַכֹּל בְּחֶזְקַת טֻמְאָה, שֶׁהַהוֹלְכִין בִּשְׁיָרוֹת מְמַלְּאִין וְשׁוֹתִין מֵהֶן.
When does the above apply? With regard to water in a pit from which it is possible to drink. If, however, there is water in a pit that it is impossible to drink from except through great effort, it is assumed to be pure14 unless the footprints of a person or large animal15 were evident.16בַּמֶּה דְּבָרִים אֲמוּרִים? בְּגֶבֶא שֶׁאֶפְשָׁר לִשְׁתּוֹת מִמֶּנָּה; אֲבָל בְּגֶבֶא שֶׁאִי אֶפְשָׁר לִשְׁתּוֹת מִמֶּנָּה אֶלָּא בְּדֹחַק גָּדוֹל - הֲרֵי זֶה בְּחֶזְקַת טָהֳרָה, עַד שֶׁיִּמָּצֵא מְקוֹם פַּרְסוֹת רַגְלֵי אָדָם אוֹ פַּרְסוֹת רַגְלֵי בְּהֵמָה גַסָּה נִכֶּרֶת בּוֹ.
If, however, the footprints of a small animal17 were found, the water is pure, because it is possible that the animal descended on its own accord.18אֲבָל מָצָא פַּרְסוֹת רַגְלֵי בְּהֵמָה דַקָּה - הֲרֵי זֶה טָהוֹר, שֶׁאֶפְשָׁר שֶׁיָּרְדָה וְשָׁתָת.
4In the rainy season, it can be assumed that the mud and the water in the hollows at the entrance of stores in the public domain are pure.19 When the rains cease, they are considered as drainage water.20 The ruling concerning water in the marketplace depends on the majority.21דחֶזְקַת טִיט וּגְמוּמִיּוֹת שֶׁבְּפִתְחֵי חֲנֻיּוֹת בִּרְשׁוּת הָרַבִּים בִּשְׁעַת הַגְּשָׁמִים, שֶׁהֵן טְהוֹרִין; פָּסְקוּ הַגְּשָׁמִים, הֲרֵי הֵן כְּמֵי שְׁפִיכוּת. וְשֶׁבַּשְּׁוָקִין, הוֹלְכִין בָּהֶן אַחַר הָרֹב.
When wine, milk, or honey fall into a pit filled with water, the ruling depends on the majority.22 When oil falls into it, the mixture can contract and impart impurity without the owner’s desire23 even when it congeals.24 The rationale is that it is impossible that droplets will not remain mixed with the water.25גֶּבֶא שֶׁנָּפַל לְתוֹכוֹ יַיִן אוֹ חָלָב אוֹ דְבַשׁ, הוֹלְכִין בּוֹ אַחַר הָרֹב. נָפַל לְתוֹכוֹ שֶׁמֶן, אַף עַל פִּי שֶׁהִקְפִּיאָהוּ - הֲרֵי זֶה מִתְטַמֵּא וּמְטַמֵּא שֶׁלֹּא בְרָצוֹן; לְפִי שֶׁאִי אֶפְשָׁר לוֹ לָצֵאת יְדֵי צַחְצָחִית.
5Oil and other liquids aside from water are governed by the same laws whether they are collected in the earth or in containers.26השֶׁמֶן וּשְׁאָר הַמַּשְׁקִין, חוּץ מִן הַמַּיִם - הֲרֵי הֵן בַּקַּרְקַע כְּמוֹת שֶׁהֵן בַּכֵּלִים; דִּין אֶחָד הוּא.
6Streams of rainwater that are still flowing- even if they do not contain 40 se’ah, since they are on the earth and their water is flowing27 - do not contract ritual impurity.ומֵי תַמְצִית שֶׁלֹּא פָסְקוּ, אַף עַל פִּי שֶׁאֵין בָּהֶן אַרְבָּעִים סְאָה, הוֹאִיל וְהֵן בַּקַּרְקַע, וַהֲרֵי הַמַּיִם נִמְשָׁכִין וּבָאִין לָהֶן - אֵינָן מְקַבְּלִין טֻמְאָה.
Even if an impure person drank from them, drew water from them with an impure container, or poured impure water into them, they are still pure with regard to all matters.וְאַף עַל פִּי שֶׁשָּׁתָה מֵהֶן הַטָּמֵא, וּמִלֵּא מֵהֶן בִּכְלִי טָמֵא, אוֹ נָתַן לְתוֹכָן מַיִם טְמֵאִים - הֲרֵי הֵן טְהוֹרִין לְכָל דָּבָר.
7When a person was eating terumah with impure hands,28 e.g., a dried fig that had not come into contact with water,29 if he inserted his hand into his mouth to remove a pebble,30 were he to turn over his finger31 while doing so, the fig would become impure because of his saliva.32 For the saliva would become impure because of the person’s hand, because he uprooted the saliva from its place.33זמִי שֶׁהָיָה אוֹכֵל תְּרוּמָה בְּיָדַיִם טְמֵאוֹת, כְּגוֹן דְּבֵלָה שֶׁלֹּא הֻכְשְׁרָה, וְהִכְנִיס יָדוֹ לְתוֹךְ פִּיו לִטּוֹל צְרוֹר: אִם הָפַךְ, נִטְמֵאת הַדְּבֵלָה בְּרִירוֹ; שֶׁהֲרֵי נִטְמָא בְּיָד, מִפְּנֵי שֶׁעֲקָרוֹ.
If, however, he did not turn over his finger, it is pure. The rationale is that, before he turns over his finger or sucks it, the liquid in his mouth is comparable to water on the earth that was not uprooted from its place, but instead, is on the ground.34 As explained,35 such water only contracts and imparts impurity due to willful actions. This person desired only to remove the pebble.36וְאִם לֹא הָפַךְ, טְהוֹרָה; שֶׁהַמַּשְׁקֶה שֶׁבְּפִיו קֹדֶם שֶׁיְּהַפְּכֶנּוּ אוֹ יְמוֹצְצֶנּוּ לְהוֹצִיאוֹ, דּוֹמֶה לְמַיִם שֶׁלֹּא נִתְלְשׁוּ אֶלָּא הֵן עֲדַיִן בַּקַּרְקַע, שֶׁאֵין מִתְטַמְּאִין וְאֵין מְטַמְּאִין אֶלָּא בְּרָצוֹן, כְּמוֹ שֶׁבֵּאַרְנוּ - וְזֶה אֵין רְצוֹנוֹ אֶלָּא לִטּוֹל הַצְּרוֹר.
The following rules apply when, in addition to the dried fig, there was a pundiyon37 in his mouth and he extended his hand to remove it and the fig from his mouth. If he had placed the coin in his mouth because he was thirsty,38 the saliva on it is considered as removed from its place39 and the fig contracts impurity from the moisture in his mouth that contracted impurity because of his hand.הָיָה פֻּנְדְּיוֹן לְתוֹךְ פִּיו, וּפָשַׁט יָדוֹ לִטְּלוֹ וְהַדְּבֵלָה בְּתוֹךְ פִּיו - אִם הִנִּיחוֹ לִצְמָאוֹ, הֲרֵי זֶה הָרֹק כְּעָקוּר, וְנִטְמֵאת הַדְּבֵלָה מֵחֲמַת מַשְׁקֵה פִיו, שֶׁנִּטְמָא מֵחֲמַת יָדָיו.
8The following rules apply when a woman40 was partaking of food that is terumah41 which had not been made susceptible to impurity while she was removing the coals from an impure oven.42 If she was poked by a splinter that caused her to bleed and she was sucking her finger because of the blood or she burnt her finger and inserted it into her mouth, the terumah in her mouth contracted impurity.43חהָאִשָּׁה שֶׁהָיְתָה אוֹכֶלֶת אֹכָלִין שֶׁל תְּרוּמָה שֶׁאֵינָן מֻכְשָׁרִין, וְהָיְתָה גוֹרֶפֶת אֶת הַתַּנּוּר הַטָּמֵא, וְהִכָּה הַקּוֹץ וְיָצָא מִמֶּנָּה דָּם, וּמָצְצָה אֶצְבָּעָהּ מִפְּנֵי הַדָּם, אוֹ שֶׁנִּכְוֵית וְנָתְנָה אֶצְבָּעָהּ בְּפִיהָ - נִטְמֵאת הַתְּרוּמָה שֶׁבְּפִיהָ, שֶׁהֲרֵי רְצוֹנָהּ לְהוֹצִיא הַמַּשְׁקֶה מִפִּיהָ וּלְעָקְרוֹ בִּמְצִיצַת אֶצְבַּע.

Quiz Yourself on Tumat Okhalin Chapter 15

Footnotes
1.

As stated in Hilchot Sha’ar Avot HaTum’ah Chapter 7, Halachah 1.

2.

A se’ah is 8.3 liter in modern measure according to Shiurei Torah and 16.2 liter according to Chazon Ish. When calculating the 40 se’ah that comprise a kosher mikveh, it is customary to follow a more stringent view.
The Rambam mentions less than 40 se’ah of water, because if the pit contains 40 se’ah of water, it is considered as an acceptable mikveh and does not contract impurity, nor, needless to say, impart impurity.
The Mishnah (Mikvaot 1:1) considers such bodies of water as the lowest of six categories to which the laws of ritual purity apply.

3.

I.e., a greater measure of leniency applies.

4.

Water that was drawn using a container and then used by humans to fill a pool. Such water is unacceptable for use in a kosher mikveh. Nevertheless, even though it was once in a container, in this context, it is given advantages over water that is presently in a container.

5.

Even though the impure person intended to enter the water, since he did not desire to get wet, it is considered that he came in contact with the water against his will. See Chapter 13, Halachah 5. This rationale resolves the question raised by the Ra’avad.

6.

For these are all willful actions.

7.

For, as stated in Hilchot Sha’ar Avot HaTuma’ah 8:10-11, a person who drinks impure liquids contracts impurity.

8.

Our translation follows the version in the authoritative manuscripts and early printings of the Mishneh Torah. A slight printing error appears to have crept into the standard published text.

9.

The Ra’avad questions the Rambam’s statements, maintaining that since the water was uprooted from its original place, it does not matter whether it was uprooted willfully or not. As stated in Chapter 12, Halachah 3, the Rambam does not follow that understanding and maintains that unless liquids were uprooted from their original place willfully, they do not make food susceptible to impurity.

10.

For the original water is considered as batel, negligible, in comparison to the new water that collected.

11.

We assume that a majority of the water there at this time is rainwater. Moreover, we do not suspect that the rainwater itself contracted impurity, for during the rainy season, it is not likely that passersby will drink from water collected on the ground.

12.

Since these bodies of water contain less than 40 se’ah, they are susceptible to impurity and become impure because of contact with an impure person or implement.

13.

Because until the roads dry out, it was unlikely that people would undertake longer journeys. However, from the time the roads dry out until the next rainy season, these collections of water are impure.

14.

For we assume that people would choose more accessible sources of water.

15.

E. g., a horse or a donkey on which a person could have ridden (Kessef Mishneh).

16.

For that would indicate that a person did in fact descend to the pit.

17.

A goat or a lamb.

18.

Without being led there or accompanied by a human.

19.

Because the majority of the water is likely to be rain water.

20.

Which is assumed to be impure (Chapter 2, Halachah 26).

21.

I.e., even during the rainy season, it is possible that the majority of the water in the marketplace comes from human use.

22.

As mentioned in the following halachah, the laws applying to other liquids are more stringent than those applying to water. Hence it is important to determine whether the mixture is categorized as water or not.

23.

In contrast to water that contracts and imparts impurity only through willfull actions.

24.

When the oil congeals, one might think that it is a distinct entity in its own right, separate from the water.

25.

They can contract impurity and then impart that impurity to the water.

26.

I.e., whether they are collected on the earth or in containers, the laws stated in Halachah 1 with regard to water in a container apply to them.

27.

For these reasons, Mikveot 1:6 places them in a second category, distinct from the collected water mentioned previously. See Hilchot Mikveot 9:2 for more details regarding the laws that apply to them.

28.

I.e., his hands alone are impure, as stated in Hilchot She’ar Avot HaTum’ah 8:8. Were the person himself to be impure, he would be forbidden to partake of the terumah.

29.

It is forbidden to impart impurity to terumah. Nevertheless, since the figs after being harvested had not come in contact with liquids, they did not yet become susceptible to impurity.

30.

A pebble became mixed with the figs he was eating and he accidentally inserted it into his mouth.

31.

This addition is made on the basis of the Rambam’s Commentary to the Mishnah (Keilim 8:10).

32.

For saliva is a derivative of water and equivalent to it.

33.

By turning over his finger, he will have moved the saliva and thus uprooted it from its place. The saliva would then impart impurity to the fig because, as stated in Chapter 6, Halachah 5, when a food comes in contact with impure liquids, it makes the food susceptible to impurity and imparts impurity at the same time.

34.

For like the water, this saliva is in its natural place.

35.

Halachah 1 above.

36.

And not to move the saliva. Hence, even though he did move it, it is not considered as if he did so willfully.

37.

A Roman copper coin used in the Talmudic era, of relatively low value, worth one sixth of a dinar (Hilchot Arachin 4:3).

38.

As the Rambam explains in his Commentary to the Mishnah (Keilim 8:10), putting the coin in his mouth will cause the person to salivate and thus quench his thirst somewhat.

39.

As a result of an intentional act.

40.

According to the Rambam’s understanding, this law applies even if the woman is ritually pure. The Ra’avad has a different understanding of Keilim 8:11, the Rambam’s source.

41.

In truth, this law would apply to ordinary food as well. The Rambam mentions terumah only because of the parallel to the previous halachah.

42.

I.e., an oven that was impure because of contact with a human corpse.

43.

This is speaking about an instance where she held her finger inside the oven after it began to bleed or after she sucked it. The blood on her finger and her hand itself contracted impurity from being inside the oven's inner space and then imparted that impurity to the saliva and the food in her mouth [in a way parallel to that explained in the previous halachah; see the Rambam's Commentary to the Mishnah (loc. cit.:11)]. The person himself does not become impure, because earthenware containers and impure liquids do not impart impurity to humans.

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.
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The text on this page contains sacred literature. Please do not deface or discard.