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She'ar Avot haTum'ah - Chapter 11

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She'ar Avot haTum'ah - Chapter 11

1Whenever the term “disqualified” is used with regard to foods,1 the intent is that the food itself is considered as impure, but it does not impart impurity to other similar foods.2 Instead, if it touches another food, it is pure.אכָּל מָקוֹם שֶׁנֶּאֱמַר בְּאֹכָלִין "פָּסוּל" - הוּא שֶׁיִּהְיֶה הָאֹכֶל עַצְמוֹ טָמֵא, וְלֹא יְטַמֵּא אֹכֶל אַחֵר; אֶלָּא אִם נָגַע בְּאֹכֶל אַחֵר, הֲרֵי הוּא טָהוֹר.
2With regard to ordinary foods, a primary derivative of impurity contracts impurity and imparts impurity to others.בהָרִאשׁוֹן שֶׁבַּחֻלִּין, טָמֵא וּמְטַמֵּא.
A secondary derivative is disqualified, but does not impart impurity, for a secondary derivative does not create a tertiary derivative with regard to ordinary food.הַשֵּׁנִי, פָּסוּל וְלֹא מְטַמֵּא; וְאֵין שֵׁנִי עוֹשֶׂה שְׁלִישִׁי בַּחֻלִּין.
What is the source that teaches that ordinary food which is a secondary derivative is disqualified? Leviticus 11:33 states: “Whenever one of them3 falls into its4 inner space, everything in its inner space contracts impurity.” Now, a carcass of a crawling animal is a primary source of impurity. The earthenware container into whose inner space it falls is a primary derivative of impurity. Thus the food in the container is a secondary derivative and yet Scripture calls it impure.וּמִנַּיִן לְאֹכֶל שֵׁנִי שֶׁהוּא פָּסוּל בַּחֻלִּין? שֶׁנֶּאֱמַר "וְכָל כְּלִי חֶרֶשׂ אֲשֶׁר יִפֹּל מֵהֶם אֶל תּוֹכוֹ, כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא". נִמְצָא הַשֶּׁרֶץ אָב, וּכְלִי חֶרֶס שֶׁנָּפַל הַשֶּׁרֶץ לַאֲוִירוֹ רִאשׁוֹן, וְהָאֹכֶל שֶׁבַּכְּלִי שֵׁנִי, וַהֲרֵי הוּא אוֹמֵר "יִטְמָא".
Similarly, if the carcass of a crawling animal falls into an oven,5 bread in the oven is a secondary derivative, for the oven is a primary derivative.וְכֵן שֶׁרֶץ שֶׁנָּפַל לַאֲוִיר הַתַּנּוּר - הַפַּת שְׁנִיָּה, שֶׁהַתַּנּוּר רִאשׁוֹן.
3With regard to terumah, primary and secondary derivatives of impurity contract impurity and impart impurity.6 A tertiary derivative is disqualified, but does not impart impurity, for a tertiary derivative does not create a derivative of the fourth degree with regard to terumah.7גהָרִאשׁוֹן וְהַשֵּׁנִי שֶׁבַּתְּרוּמָה, טְמֵאִים וּמְטַמְּאִים. הַשְּׁלִישִׁי, פָּסוּל וְלֹא מְטַמֵּא; וְאֵין שְׁלִישִׁי עוֹשֶׂה רְבִיעִי בִּתְרוּמָה.
What is the source that teaches that food that is terumah which is a tertiary derivative is disqualified?8 Leviticus 22:7 states: “And the sun will set and he will become pure. Afterwards, he shall partake of consecrated food.”9 Thus a person who immersed that day is forbidden to partake of terumah until nightfall. If he touches it, he disqualifies it. A person who immerses is like a secondary derivative. Thus one can conclude a secondary derivative makes a tertiary derivative with regard to terumah.וּמִנַּיִן לְאֹכֶל שְׁלִישִׁי שֶׁהוּא פָּסוּל בִּתְרוּמָה? שֶׁנֶּאֱמַר "וּבָא הַשֶּׁמֶשׁ וְטָהֵר, וְאַחַר יֹאכַל מִן הַקֳּדָשִׁים". נִמְצָא טְבוּל יוֹם אָסוּר בִּתְרוּמָה, עַד שֶׁיַּעֲרִיב שִׁמְשׁוֹ; וְאִם נָגַע בָּהּ, פְּסָלָהּ. וּטְבוּל יוֹם, כְּשֵׁנִי לַטֻּמְאָה הוּא. הָא לָמַדְתָּ שֶׁהַשֵּׁנִי עוֹשֶׂה שְׁלִישִׁי בִּתְרוּמָה.
4With regard to consecrated food, primary, secondary, and tertiary derivatives contract impurity and impart impurity. A derivative to the fourth degree is disqualified, but does not impart impurity, for a derivative to the fourth degree does not ever create a derivative to the fifth degree.דהָרִאשׁוֹן וְהַשֵּׁנִי וְהַשְּׁלִישִׁי בַּקֹּדֶשׁ, טְמֵאִין וּמְטַמְּאִין. הָרְבִיעִי, פָּסוּל וְאֵינוֹ מְטַמֵּא; וְאֵין רְבִיעִי עוֹשֶׂה חֲמִישִׁי לְעוֹלָם.
What is the source that teaches that a tertiary derivative is impure with regard to consecrated foods? Leviticus 7:19 states: “Meat10 that touches anything that is impure shall not be eaten.” And Scripture has already referred to a secondary derivative of impurity as “impure,” as stated:11 “Everything in its inner space contracts impurity.” Thus one can conclude that consecrated meat that touches a secondary derivative contracts impurity and must be burnt.12וּמִנַּיִן לִשְׁלִישִׁי בַּקֹּדֶשׁ שֶׁהוּא טָמֵא? שֶׁנֶּאֱמַר "וְהַבָּשָׂר אֲשֶׁר יִגַּע בְּכָל טָמֵא לֹא יֵאָכֵל"; וּכְבָר קָרָא הַכָּתוּב לַשֵּׁנִי טָמֵא, שֶׁנֶּאֱמַר "כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא" - הָא לָמַדְתָּ שֶׁבְּשַׂר הַקֹּדֶשׁ שֶׁנָּגַע בְּשֵׁנִי, נִטְמָא וְיִשָּׂרֵף.
What is the source that teaches that a fourth degree derivative disqualifies consecrated foods? It is derived through an inference from a more lenient matter to a more stringent one:13 A person who is lacking atonement14 is permitted to partake of terumah, but is forbidden to partake of sacrificial food until he brings the offerings that secure atonement for him. If so, should not a tertiary derivative of impurity which disqualifies terumah cause a derivative to the fourth degree to become impure?! Nevertheless, a fifth degree derivative is pure.וּמִנַּיִן לִרְבִיעִי בַּקֹּדֶשׁ שֶׁהוּא פָּסוּל? מִקַּל וָחֹמֶר׃ וּמַה מְּחֻסַּר כִּפּוּרִים שֶׁהוּא מֻתָּר בִּתְרוּמָה, אָסוּר בַּקֹּדֶשׁ עַד שֶׁיָּבִיא כַּפָּרָתוֹ - הַשְּׁלִישִׁי שֶׁהוּא פָּסוּל בִּתְרוּמָה, אֵינוֹ דִין שֶׁיַּעֲשֶׂה רְבִיעִי בַּקֹּדֶשׁ?! אֲבָל הַחֲמִישִׁי טָהוֹר.
5Even though ordinary meat15 is pure, our Sages decreed that it should be considered as a tertiary derivative of impurity and convey impurity to sacrificial food.16 It does not impart impurity to terumah.הבְּשַׂר תַּאֲוָה, אַף עַל פִּי שֶׁהוּא טָהוֹר - גָּזְרוּ עָלָיו שֶׁיִּהְיֶה כִּשְׁלִישִׁי לַטֻּמְאָה, מְטַמֵּא אֶת הַקֹּדֶשׁ, וְאֵינוֹ פוֹסֵל אֶת הַתְּרוּמָה.
It appears to me17 that the Sages enforced their decree against it solely so that ordinary meat not become mixed with sacrificial meat. Were that to happen, an error could be made and inadvertently, one might think that the meat is ordinary and eat it while he is impure, although in truth it is consecrated.וְיֵרָאֶה לִי שֶׁלֹּא גָזְרוּ עָלָיו אֶלָּא כְּדֵי שֶׁלֹּא יְעָרְבוּהוּ עִם בְּשַׂר הַקֹּדֶשׁ וְיָבוֹאוּ לִטְעוֹת וְלִשְׁגּוֹג בּוֹ, וִידַמּוּ שֶׁהַבָּשָׂר זֶה הוּא חֹל וְהוּא קֹדֶשׁ, וְיֹאכְלֶנּוּ בְּטֻמְאָה.
6When foods are joined together by liquid,18 they are considered as joined with regard to contracting the impurity associated with foods.19 There is an unresolved question if they are considered as a single entity20 from which to count primary, secondary, and tertiary derivatives or the food that was touched by the impurity is a primary derivative and the food that is joined to it as a secondary derivative.21וחִבּוּרֵי אֹכָלִין עַל יְדֵי מַשְׁקִין, הֲרֵי הֵן חִבּוּר לְטַמֵּא טֻמְאַת אֹכָלִין; וְהַדָּבָר סָפֵק אִם חֲשׁוּבִין כְּגוּף אֶחָד לִמְנוֹת בָּהֶן רִאשׁוֹן וְשֵׁנִי וּשְׁלִישִׁי, אוֹ חוֹשְׁבִין זֶה הָאֹכֶל שֶׁנָּגְעָה בוֹ הַטֻּמְאָה רִאשׁוֹן, וְהָאֹכֶל הַמְּחֻבָּר לוֹ שֵׁנִי.
7Impure food that is a secondary derivative disqualifies food that is terumah and causes it to be considered as a tertiary derivative. If it touches ordinary liquids, it imparts impurity to them.22 Needless to say, if it touches liquids that are terumah or consecrated, it imparts impurity to the entire quantity.זהַשֵּׁנִי שֶׁבַּחֻלִּין - פּוֹסֵל אֹכָלֵי תְרוּמָה, וְעוֹשֶׂה אוֹתָן שְׁלִישִׁי. וְאִם נָגַע בְּמַשְׁקֵה חֻלִּין, טִמְּאָן; וְאֵין צָרִיךְ לוֹמַר אִם נָגַע בְּמַשְׁקֵה תְרוּמָה, אוֹ בְּמַשְׁקֵה קֹדֶשׁ - שֶׁהוּא מְטַמֵּא אֶת הַכֹּל.
8Terumah that is a tertiary derivative of impurity that touched consecrated food disqualifies it and causes it to be considered as a fourth degree derivative. If it touches consecrated liquids, it imparts impurity to them and causes them to be considered as primary derivatives. If, however, terumah that is a tertiary derivative touches a liquid that is terumah, it is pure.23חהַשְּׁלִישִׁי שֶׁבַּתְּרוּמָה שֶׁנָּגַע בְּאֹכָלֵי קֹדֶשׁ, פְּסָלָן וְנַעֲשׂוּ רְבִיעִי; וְאִם נָגַע בְּמַשְׁקֵה הַקֹּדֶשׁ, טִמְּאָן וְנַעֲשׂוּ תְחִלָּה. אֲבָל אִם נָגַע שְׁלִישִׁי שֶׁבַּתְּרוּמָה בְּמַשְׁקֵה תְרוּמָה, הֲרֵי הוּא טָהוֹר.
Similarly, if consecrated food that is a fourth degree derivative touches a consecrated liquid, it is pure.24וְכֵן רְבִיעִי שֶׁבַּקֹּדֶשׁ - אִם נָגַע בְּמַשְׁקֵה קֹדֶשׁ, הֲרֵי זֶה טָהוֹר.
9When ordinary food is prepared with the stringencies of terumah,25 if it becomes a tertiary derivative, it is disqualified, as is true with regard to terumah. Nevertheless, if such food touches consecrated food, it does not cause it to be considered as a fourth degree derivative.26 It does not even disqualify consecrated liquids. When ordinary food is prepared with the stringencies of consecrated food, a tertiary derivative is pure like ordinary food.27טחֻלִּין שֶׁנַּעֲשׂוּ עַל טָהֳרַת תְּרוּמָה, הַשְּׁלִישִׁי שֶׁבָּהֶן פָּסוּל כַּתְּרוּמָה. וְאִם נָגַע בַּקֹּדֶשׁ, אֵינוֹ עוֹשֵׂהוּ רְבִיעִי; וַאֲפִלּוּ מַשְׁקֵה קֹדֶשׁ אֵינוֹ פוֹסֵל. וְחֻלִּין שֶׁנַּעֲשׂוּ עַל טָהֳרַת הַקֹּדֶשׁ - הַשְּׁלִישִׁי שֶׁבָּהֶן טָהוֹר כַּחֻלִּין.
10A person who partakes of consecrated food that is a fourth degree derivative of impurity is forbidden to partake of other consecrated foods.28 He is permitted to touch consecrated foods and does not disqualify them.29יהָאוֹכֵל רְבִיעִי שֶׁבַּקֹּדֶשׁ, אָסוּר לוֹ לֶאֱכוֹל אֶת הַקֹּדֶשׁ; וּמֻתָּר לִגַּע בַּקֹּדֶשׁ, וְאֵינוֹ פוֹסְלוֹ.
Even when there is cooked food in which consecrated food was mixed,30 but there is less than an olive-sized portion of consecrated food in a mixture the size of half a loaf of bread,31 a person who partook of consecrated food that was a fourth degree derivative of impurity should not partake of this mixture. It may be eaten only by one who partook of consecrated food that was removed from impurity by the fifth degree. For he is pure, as we explained.32אֲפִלּוּ תַּבְשִׁיל שֶׁנִּתְעָרֵב בּוֹ הַקֹּדֶשׁ, וְאֵין בּוֹ כְּזַיִת בִּכְדֵי אֲכִילַת פְּרָס - הֲרֵי זֶה לֹא יֵאָכֵל בִּרְבִיעִי שֶׁל קֹדֶשׁ, אֶלָּא בַּחֲמִישִׁי שֶׁהוּא טָהוֹר, כְּמוֹ שֶׁבֵּאַרְנוּ.
11When a person partakes of terumah or ordinary food prepared with the stringencies of terumah that was a tertiary derivative of impurity, he is forbidden to partake of terumah33 until he immerses himself in a mikveh.34 He is permitted to touch terumah, and if he does, it is ritually pure. The Sages imposed a stringency with regard to eating, not with regard to touching.יאהָאוֹכֵל שְׁלִישִׁי שֶׁבַּתְּרוּמָה עַצְמָהּ, אוֹ שֶׁל חֻלִּין שֶׁנַּעֲשׂוּ עַל טָהֳרַת תְּרוּמָה - הֲרֵי זֶה אָסוּר לֶאֱכוֹל אֶת הַתְּרוּמָה עַד שֶׁיִּטְבֹּל; וּמֻתָּר לִגַּע בִּתְרוּמָה, וַהֲרֵי הִיא טְהוֹרָה - בָּאֲכִילָה עָשׂוּ מַעֲלָה, בַּנְּגִיעָה לֹא עָשׂוּ מַעֲלָה.
When does the above apply? To terumah itself. If, however, terumah was mixed into cooked food and there is less than an olive-sized portion of terumah in a mixture the size of half a loaf of bread, such a person is permitted to partake of the mixture, just as he is permitted to touch terumah.35בַּמֶּה דְּבָרִים אֲמוּרִים? בִּתְרוּמָה עַצְמָהּ. אֲבָל תַּבְשִׁיל שֶׁנִּתְעָרְבָה בּוֹ תְּרוּמָה - אִם אֵין שָׁם כְּזַיִת בִּכְדֵי אֲכִילַת פְּרָס, הֲרֵי זֶה מֻתָּר לֶאֱכוֹל מֵאוֹתוֹ תַבְשִׁיל, כְּדֶרֶךְ שֶׁמֻּתָּר לִגַּע בִּתְרוּמָה.
12Although a person who partakes of terumah or ordinary food prepared with the stringencies of terumah that was a tertiary derivative of impurity is considered as pure with regard to touching terumah, he is considered as a secondary derivative with regard to consecrated foods. For something that is pure with regard to terumah is impure with regard to consecrated food.36יבהָאוֹכֵל שְׁלִישִׁי שֶׁבַּתְּרוּמָה, אוֹ שֶׁל חֻלִּין שֶׁנַּעֲשׂוּ עַל טָהֳרַת הַתְּרוּמָה, אַף עַל פִּי שֶׁהוּא טָהוֹר לִנְגִיעַת הַתְּרוּמָה - הֲרֵי הוּא כְּשֵׁנִי לְעִנְיַן קֹדֶשׁ; שֶׁטָּהֳרַת הַתְּרוּמָה טֻמְאָה הִיא אֵצֶל הַקֹּדֶשׁ.
When, by contrast, one partakes of ordinary food prepared with the stringencies of consecrated food that was a tertiary derivative of impurity, he is pure.37 There is nothing that creates a fourth degree derivative of impurity with regard to consecrated foods except consecrated food itself.38אֲבָל הָאוֹכֵל שְׁלִישִׁי שֶׁבַּחֻלִּין שֶׁנַּעֲשׂוּ עַל טָהֳרַת הַקֹּדֶשׁ - הֲרֵי הוּא טָהוֹר, שֶׁאֵין לְךָ דָּבָר שֶׁעוֹשֶׂה רְבִיעִי בַּקֹּדֶשׁ, אֶלָּא קֹדֶשׁ מְקֻדָּשׁ בִּלְבָד.
13The term “consecrated food”39 employed with regard to the impurity of foods and liquids refers to sacrificial foods, e.g., meat from sacrifices of the highest order of sanctity,40 meat from sacrifices of a lesser degree of sanctity,41 bread from a thanksgiving offering42 and cakes of a nazirite’s offering43 for which their sacrifice was slaughtered, flour offerings that were sanctified in a consecrated vessel, the two loaves offered on Shavuot and the showbreads when their surface became hardened in the oven.יגכָּל קֹדֶשׁ הָאָמוּר בְּעִנְיַן טֻמְאַת אֹכָלִין וּמַשְׁקִין - הוּא קֹדֶשׁ מִקֹּדֶשׁ הַמְּקֻדָּשִׁין, כְּגוֹן בְּשַׂר קָדְשֵׁי קָדָשִׁים וּבְשַׂר קָדָשִׁים קַלִּים, וְחַלּוֹת תּוֹדָה וּרְקִיקֵי נָזִיר שֶׁנִּשְׁחַט עֲלֵיהֶן הַזֶּבַח, וְהַמְּנָחוֹת שֶׁקָּדְשׁוּ בִּכְלִי, וּשְׁתֵּי הַלֶּחֶם וְלֶחֶם הַפָּנִים מִשֶּׁקָּרְמוּ בַּתַּנּוּר.
By contrast, the loaves of the thanksgiving offerings and the cakes of nazirite’s offering for which their sacrifice was not slaughtered44 and flour offerings that were not sanctified in a consecrated vessel are not considered as consecrated food,45 nor as ordinary food. Instead, their status is the same as terumah.אֲבָל חַלּוֹת תּוֹדָה וּרְקִיקֵי נָזִיר שֶׁלֹּא נִשְׁחַט עֲלֵיהֶן הַזֶּבַח, וְהַמְּנָחוֹת שֶׁלֹּא קָדְשׁוּ בִּכְלִי - אֵינָן לֹא כַקֹּדֶשׁ וְלֹא כַחֻלִּין, אֶלָּא כַּתְּרוּמָה.
14Challah,46 the first-fruits, restitution made for terumah and the additional fifth47 are considered as terumah.ידהַחַלָּה, וְהַבִּכּוּרִים, וְתַשְׁלוּמֵי תְרוּמָה וְחֻמְשָׁהּ - הֲרֵי הֵן כַּתְּרוּמָה.
15Tevel,48 a mixture of ordinary produce and terumah, produce that grew from terumah that was planted, the second and first tithes, and a dough from which challah had not yet been separated are considered like ordinary produce.49 A primary derivative is impure. A secondary derivative is disqualified and there is no concept of a tertiary derivative.טוהַטֶּבֶל, וְהַמְּדֻמָּע, וְגִדּוּלֵי תְרוּמָה, וּמַעֲשֵׂר שֵׁנִי וְרִאשׁוֹן, וְעִסָּה הַטְּבוּלָה לְחַלָּה - הֲרֵי הֵן כַּחֻלִּין; וְהָרִאשׁוֹן טָמֵא בָּהֶן, וְהַשֵּׁנִי פָּסוּל, וְאֵין בָּהֶן שְׁלִישִׁי.
16Our Sages decreed that whenever an entity would impart impurity to ordinary food according to Scriptural Law if one was certain that they came into contact, when one is in doubt whether it came into contact with dough from which challah,50 that dough should be prepared in a state of ritual purity. Challah is separated from it, but its status is held in abeyance. It is neither eaten,51 nor burnt.52טזכָּל דָּבָר שֶׁוַּדָּאוֹ מְטַמֵּא אֶת הַחֻלִּין מִן הַתּוֹרָה - גָּזְרוּ עַל סְפֵקוֹ בַּחֻלִּין הַטְּבוּלִין לְחַלָּה, שֶׁתֵּעָשֶׂה אוֹתָהּ הָעִסָּה בְּטָהֳרָה; וּמַפְרִישִׁין מִמֶּנָּה חַלָּה, וְחַלָּתָהּ תְּלוּיָה - לֹא נֶאֱכֶלֶת וְלֹא נִשְׂרֶפֶת.

Quiz Yourself on She'ar Avot haTum'ah Chapter 11

Footnotes
1.

E. g., Chapter 10, Halachah 3, and in the subsequent halachot in this chapter.

2.

It can, however, impart impurity to foods that are terumah or consecrated.

3.

The carcass of a crawling animal.

4.

An earthenware container’s.

5.

The ovens of that era were earthenware vessels.

6.

I.e., a primary derivative causes terumah to become a secondary derivative. The secondary derivative can impart impurity to other terumah or consecrated food. If terumah contracts impurity from a secondary derivative, it can impart impurity to liquids.

7.

See Hilchot Terumah 12:11 which mentions practical applications of this concept.

8.

Our text is based on the Shabbetai Frankel edition of the Mishneh Torah. The standard published text has a slightly different — and confusing — version.

9.

Here the term “consecrated food” refers to terumah.
As mentioned in the notes to Chapter 10, Halachah 9, although the Rambam is supporting the concept with a Biblical verse, he considers this a Rabbinic safeguard and the verse is merely an asmachta (an allusion cited by the Sages).

10.

I.e., sacrificial meat.

11.

See Halachah 2.

12.

As is required according to that prooftext when sacrificial meat becomes impure. See Hilchot Pesulei HaMukdashim 19:1.

13.

A kal vachomer (a fortiori reasoning), the first of the Thirteen Principles of Biblical Exegesis (Sifra, recited in our morning prayers). In this instance as well, in Chapter 10, Halachah 9, the Rambam states that this measure is merely a Rabbinic safeguard. See also Chapter 7, Halachah 1, which states that according to Scriptural Law, no food imparts impurity to other foods.

14.

I.e., a zav or the like, who must bring sacrifices before being permitted to partake of sacrificial food.

15.

The term the Rambam uses, lit. “meat of desire,” has its source in Deuteronomy 12:20; Chulin 16b, et al.

16.

I.e., sacrificial meat, as the Rambam proceeds to explain. The commentaries note that the Rambam’s ruling here appears to contradict his ruling in his Commentary to the Mishnah (Orlah 2:17) which states that priests who are ritually pure may partake of the sacrificial meat that became mixed with ordinary meat. The Radbaz (responsum 2223) explains that, chronologically, that Mishnah was taught before this ruling which is based on the Tosefta (Nidah 9:11). In his Mishneh Torah, the Rambam followed the Tosefta.
The Radbaz explains that the two sources can be integrated and the Mishnah can be interpreted as referring only to the ordinary meat, teaching that it can be eaten by those who are ritually pure. The sacrificial meat, by contrast remains forbidden. That interpretation is reflected in the Rambam’s ruling Hilchot Ma’aseh HaKorbanot 10:13: “When meat from the sacrifices of the most sacred order or sacrifices of lesser sanctity is cooked together with ordinary meat, the ordinary meat is forbidden to those who are ritually impure and permitted to those who are ritually pure.”

17.

This phrase connotes a conclusion that the Rambam reached through the process of deduction that has no explicit source in prior Rabbinic works.

18.

E. g., two pieces of meat lying in a broth.

19.

I.e., if a source of impurity touches one of them, the other is considered as impure.

20.

I.e., even though the source of impurity did not touch the second piece of food, it is considered as having the same status as the first.

21.

The Ra’avad objects to the Rambam’s ruling, maintaining that Zevachim 105b discusses the question raised by the Rambam and does not leave the matter unresolved. Instead, it was decided that the two pieces of meat do not have the same status. The Kessef Mishneh cites another source, Menachot 24a from which it appears that the question is indeed left unresolved.

22.

The liquids become primary derivatives of impurity.

23.

Because a tertiary derivative does not impart impurity to terumah.

24.

The Ra’avad questions the Rambam’s ruling based on Taharot 2:7. The Kessef Mishneh explains that although the Mishnah appears to follow the Ra’avad’s understanding, it could be interpreted according to the Rambam’s view.

25.

There were individuals, primarily priests, who would frequently partake of terumah (or consecrated foods). Hence, they were stringent and even when preparing and partaking of ordinary foods would follow the stringencies that apply to terumah (or consecrated foods; see Rashi, Chulin 34a).
In his Commentary to the Mishnah (Taharot 2:2), the Rambam writes that these practices were followed by “pious, God fearing men who wished to seclude themselves from the masses of unlearned people.”

26.

In his Commentary to the Mishnah (op. cit.:6), the Rambam explains that more lenient laws apply to ordinary food that was prepared with the stringencies of terumah than to terumah itself. Moreover, even if only the initial entity that became impure was ordinary food that was prepared with the stringencies of terumah and the secondary and tertiary derivatives were terumah or consecrated food, these leniencies apply.

27.

Thus the laws that apply to ordinary food prepared with the stringencies applying to consecrated food are more lenient than those that apply when it is prepared with the stringencies that apply to terumah. Rashi (Chulin 33b) explains the rationale for this anomaly. There were many people who adopted the stringencies applying to terumah when preparing their food. Hence our Sages established special rulings for such food. Few, however, adopted the more stringent laws that apply to consecrated foods. Hence, the Sages did not establish special laws for them and their food was governed by the same laws as ordinary food.
The Ra’avad differs with the Rambam, citing sources (Chulin 34a-35a, Nidah 6b, Chagigah 18b, 19b) that indicate that the laws applying to ordinary food that was prepared with the stringencies of consecrated food are the same as those applying to consecrated food itself. In his Commentary to the Mishnah (op. cit.; Chagigah 2:7), the Rambam rebuts such a position, explaining that this was the initial position taken by the redactors of the Mishnah. Nevertheless, later they reversed their view, adopting the position he cites in this halachah.

28.

Until he immerses in a mikveh. Although touching such impure food does not impart impurity, our Sages (Chulin 34a) decreed that a person who partakes of it should have the same status of impurity as the food that he eats. Since the person becomes impure, he is prohibited against partaking of consecrated foods. See the Rambam's Commentary to the Mishnah (Taharot 2:2, 5); see also Chapter 8, Halachah 10.

29.

For, as stated above, his status is the same as the food from which he partakes.

30.

I.e., one cooked ordinary food or terumah together with consecrated food, producing a dish that is a mixture of them both.

31.

A half of a loaf is considered as the size of three eggs, i.e., six olive-sized portions. Since the amount of consecrated food is such a small proportion of the mixture, the person is not considered to have partaken of consecrated food (compare to Hilchot Ma’achalot Assurot 15:3), merely to have touched it. Nevertheless, due to the stringency associated with consecrated food, even this is prohibited.

32.

In Halachah 4.

33.

Terumah may only be eaten by a person who is ritually pure. Although touching terumah that is a third degree derivative of impurity does not impart impurity, partaking of it does.

34.

He may partake of it directly after immersion; he need not wait until nightfall.

35.

In this respect, terumah is judged more leniently than consecrated foods, as can be seen by comparison to the previous halachah, for the laws governing consecrated food are more stringent. See the Rambam’s Commentary to the Mishnah (op. cit.).

36.

See Chapter 12, Halachah 4; Chapter 13, Halachah 1.

37.

Such a person is permitted to partake of consecrated food. Although consecrated food that is a tertiary derivative of impurity creates a fourth degree derivative, as the Rambam states, this applies only to consecrated food itself and not to ordinary food prepared with the stringencies of consecrated food. As mentioned in the notes to Halachah 9, greater stringency was shown with regard to ordinary food prepared with the stringencies of terumah than ordinary food prepared with the stringencies of consecrated food.

38.

The Rambam’s wording is borrowed from Chulin 35a.

39.

Kodesh in the original.

40.

I.e., sin-offerings, guilt-offerings, and communal peace-offerings.

41.

Thanksgiving offerings, peace-offerings, tithe offerings, and firstborn offerings.

42.

See Hilchot Ma’aseh HaKorbanot 9:17.

43.

See ibid.:23.

44.

For, until the sacrifices are offered, the consecration of the bread is not complete.

45.

For, until the meal offerings are placed in a consecrated vessel, their consecration is not complete.

46.

A portion of dough that had to be separated and given to a priest when making a large dough.

47.

I.e., when a non-priest partakes of terumah unknowingly, he is required to make restitution for it and add a fifth of its value (Hilchot Terumot 10:1). The additional fifth is considered as the principal in all contexts (ibid.:15).

48.

Produce from which terumah and/or the tithes were not separated.

49.

Whose laws are mentioned in Halachah 2.

50.

The same laws that apply to terumah apply to challah.

51.

As pure challah would be, because perhaps it is impure and thus forbidden to be eaten.

52.

As is the law regarding impure challah, because perhaps it is pure, in which instance, it would be forbidden to burn it.

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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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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