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Rambam - 1 Chapter a Day

Tum'at Okhalin - Chapter 1

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Tum'at Okhalin - Chapter 1

The Laws of the Impurity of Foodsהִלְכוֹת טֻמְאַת אֹכָלִין
Included in this text is one positive commandment: The laws of the impurity that affects liquids and foods and what makes them fit to contract it.מִצְוַת עֲשֵׂה אַחַת, וְהִיא דִּין טֻמְאַת אֹכָלִין וּמַשְׁקִין וְהֶכְשֵׁרָן.
This mitzvah is explained in the ensuing chapters.וּבֵאוּר מִצְוָה זוֹ בִּפְרָקִים אֵלּוּ׃
1All foods that are designated for human consumption, e.g., bread, meat, grapes, olives, and the like, are susceptible to ritual impurity.1אכָּל אֹכֶל הַמְּיֻחָד לְמַאֲכַל אָדָם, כְּגוֹן לֶחֶם וּבָשָׂר וַעֲנָבִים וְזֵיתִים וְכַיּוֹצֵא בָהֶן - מְקַבֵּל טֻמְאָה.
All foods that are not designated for human consumption2 are pure and are not susceptible to ritual impurity unless one had a specific intent and set them aside for human consumption.וְכֹל שֶׁאֵינוֹ מְיֻחָד לְמַאֲכַל אָדָם - הֲרֵי זֶה טָהוֹר וְאֵינוֹ מְקַבֵּל טֻמְאָה, אֶלָּא אִם כֵּן חִשַּׁב עָלָיו וְיִחֲדוֹ לְמַאֲכַל אָדָם.
No foods are susceptible to ritual impurity unless they were first dampened with one of the seven liquids.3 This dampening is referred to as hechsher.4 These concepts are derived from Leviticus 11:38 which states: “When water will be placed on a seed...”5וְזֶה וָזֶה אֵינוֹ מְקַבֵּל טֻמְאָה, עַד שֶׁיִּבָּלֵל תְּחִלָּה בְּאֶחָד מִשִּׁבְעָה מַשְׁקִין, וְזֶה הוּא הַנִּקְרָא "הֶכְשֵׁר", שֶׁנֶּאֱמַר "וְכִי יֻתַּן מַיִם עַל זֶרַע".
2These are the seven liquids6 that make foods susceptible to impurity: water, dew, oil, wine, milk, blood,7 and honey.8בוְאֵלּוּ הֵן הַשִּׁבְעָה מַשְׁקִין שֶׁמַּכְשִׁירִין אֶת הָאֹכָלִין לְטֻמְאָה׃ הַמַּיִם, וְהַטַּל, וְהַשֶּׁמֶן, וְהַיַּיִן, וְהֶחָלָב, וְהַדָּם, וְהַדְּבַשׁ.
They do not make foods susceptible to impurity unless they fall upon them as desired by the owner.9 Nor may they be squalid, for squalid liquids do not make food fit to contract impurity.10וְאֵינָן מַכְשִׁירִין עַד שֶׁיִּפְּלוּ עַל הָאֹכָלִין בִּרְצוֹן הַבְּעָלִים; וְלֹא יִהְיוּ סְרוּחִין, שֶׁהַמַּשְׁקֶה הַסָּרוּחַ אֵינוֹ מַכְשִׁיר.
Once food has been made susceptible to ritual impurity, it retains that status after it is dry, with no liquid on it.וְכֵיוָן שֶׁהֻכְשַׁר הָאֹכֶל - אַף עַל פִּי שֶׁיָּבֵשׁ וַהֲרֵי הוּא נָגוּב, הֲרֵי זֶה מְקַבֵּל טֻמְאָה.
3When food has been dampened with fruit juice,11 e.g., berry juice or pomegranate juice, even though it is wet and was touched by a zav or the flesh of a corpse, it is pure, because it was not made susceptible to impurity by one of the seven liquids.גאֹכֶל שֶׁהָיָה בָּלוּל בְּמֵי פֵרוֹת כְּגוֹן מֵי תּוּתִים וְרִמּוֹנִים, אַף עַל פִּי שֶׁהוּא בָּלוּל, וְנָגַע בּוֹ הַזָּב אוֹ בְּשַׂר הַמֵּת - הֲרֵי הוּא טָהוֹר, מִפְּנֵי שֶׁלֹּא הֻכְשַׁר בְּאֶחָד מִשִּׁבְעָה הַמַּשְׁקִין.
4Only the seven liquids that we mentioned are considered liquids that are susceptible to ritual impurity.דאֵין שָׁם מַשְׁקֶה שֶׁמְּקַבֵּל טֻמְאָה, אֶלָּא שִׁבְעַת הַמַּשְׁקִין שֶׁמָּנִינוּ בִּלְבָד.
Other fruit juices, by contrast, neither make foods susceptible to ritual impurity, nor do they contract ritual impurity themselves at all.12אֲבָל שְׁאָר מֵי פֵרוֹת - כְּדֶרֶךְ שֶׁאֵין מַכְשִׁירִין, כָּךְ אֵין מְקַבְּלִין טֻמְאָה כְּלָל.
5When grapes and olives have not reached a third of their maturity,13 the liquids they produce do not make foods susceptible to ritual impurity, nor are these liquids themselves susceptible to ritual impurity. Instead, they are like other fruit juices and they are pure forever.הזֵיתִים וַעֲנָבִים שֶׁלֹּא הֵבִיאוּ שְׁלִישׁ - מַשְׁקִין הַיּוֹצְאִין מֵהֶן אֵינָן מַכְשִׁירִין, וְלֹא מְקַבְּלִין טֻמְאָה; אֶלָּא הֲרֵי הֵן כִּשְׁאָר מֵי פֵרוֹת, שֶׁהֵן טְהוֹרִין לְעוֹלָם.
6The following herbs are not susceptible to ritual impurity even though people eat them. The rationale is that they are not eaten to receive benefit from them as independent entities, but because they impart flavor, aroma, or appearance to other foods. They include: ginger,14 aldartzini,15 the primary spices,16 asafetida root, asafetida,17 pepper, or safflower. Similar laws apply with regard to all analogous substances.ואֵלּוּ דְבָרִים שֶׁאֵינָן מְקַבְּלִין טֻמְאָה, וְאַף עַל פִּי שֶׁבְּנֵי אָדָם אוֹכְלִין אוֹתָן, לְפִי שֶׁאֵינָן נֶאֱכָלִין לַהֲנָאַת גּוּפָן, אֶלָּא מִפְּנֵי שֶׁנּוֹתְנִין טַעַם בַּמַּאֲכָלוֹת אוֹ מִפְּנֵי הָרֵיחַ אוֹ הַמַּרְאֶה, וְאֵלּוּ הֵן׃ הַקֹּשְׁטְ וְהַחֲמָס וְרָאשֵׁי בְשָׂמִים וְהַתִּיאָה וְהַחִלְתִּית וְהַפִּלְפְּלִין וְחַלּוֹת חָרִיעַ, וְכֵן כָּל כַּיּוֹצֵא בָהֶן.
7Dill can be assumed to be used to be eaten itself like other vegetables of the field. If it is intended to flavor a cooked dish, it does not contract the impurity of foods.18זהַשֶּׁבֶת - סְתָמוֹ לַאֲכִילַת גּוּפוֹ, כִּשְׁאָר יַרְקוֹת שָׂדֶה; וְאִם חִשַּׁב עָלָיו לַקְּדֵרָה, אֵינוֹ מִתְטַמֵּא טֻמְאַת אֹכָלִין.
Once dill has imparted flavor to a cooked dish, it is considered as a waste product and it does not contract the impurity of foods.19וְהַשֶּׁבֶת מִשֶּׁנָּתְנָה טַעַם בַּקְּדֵרָה - הֲרֵי זֶה כְּזֶבֶל, וְאֵינָהּ מִתְטַמְּאָה טֻמְאַת אֹכָלִין.
8Dates and dried figs that were placed in a cooked dish as spices still contract the impurity associated with foods until they become spoiled to the point that they are not fit for human consumption.20חהַתְּמָרִים וְהַגְּרוֹגְרוֹת שֶׁנָּתַן לַקְּדֵרָה כִּתְבָלִין - עֲדַיִן הֵן מִתְטַמְּאִין טֻמְאַת אֹכָלִין, עַד שֶׁיִּפָּסְדוּ מִלֶּאֱכוֹל אָדָם.
9If vetch21 was designated for human consumption,22 it contracts the impurity associated with foods.טהַכַּרְשִׁינִין - אִם יִחֲדָן לְמַאֲכַל אָדָם, מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
10Hearts of palm are considered as wood in every way.23 If they were cooked and fried, they contract the impurity associated with foods.24יהַקּוֹר, הֲרֵי הוּא כְּעֵץ לְכָל דָּבָר; וְאִם שְׁלָקוֹ וְטִגְּנוֹ, מִתְטַמֵּא טֻמְאַת אֹכָלִין.
11Grape seeds and grape pomace, even though they were collected to serve as food,25 do not contract the impurity associated with foods.26יאהַחַרְצַנִּין וְהַזָּגִין, אַף עַל פִּי שֶׁכְּנָסָן לְאֹכָלִין - אֵין מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
12Hard olives and grapes that slip out and emerge from under the beam of the press while the produce is being pressed27 are not susceptible to ritual impurity.28יבזֵיתִים וַעֲנָבִים הַקָּשִׁים שֶׁנִּפְרָצִין וְיוֹצְאִין מִתַּחַת הַקּוֹרָה בִּשְׁעַת הַדְּרִיכָה - אֵינָן מְקַבְּלִין טֻמְאָה.
To what degree is this leniency granted? For four kabbin for every kor.29 If more than that amount emerge, they are susceptible to ritual impurity.30וְעַד כַּמָּה? עַד אַרְבָּעָה קַבִּין לְכָל כּוֹר; הָיָה הַנִּפְרָץ יָתֵר מִזֶּה, מְקַבְּלִין טֻמְאָה.
If they were set aside to be eaten, even if there are less than four kabbin, they are susceptible to ritual impurity.31וְאִם כְּנָסָן לְאֹכָלִין, אַף עַל פִּי שֶׁהֵן פָּחוֹת מֵאַרְבָּעָה קַבִּין - מְקַבְּלִין טֻמְאָה.
13Budding dates,32 budding fruit, underdeveloped fruit, and black cumin are all considered as foods and they are susceptible to ritual impurity.יגהַכַּפְנִיּוֹת וְהַפַּגִּין וְהַבֹּסֶר וְהַקֶּצַח - הֲרֵי הֵן כְּאֹכָלִין, וּמְקַבְּלִין טֻמְאָה.
14Budding leaves from branches, carob trees, pepperweed and wild onions33 are not susceptible to impurity until they are sweetened.34ידלוּלְבֵי זְרָדִים, וְחָרוּבִין, וְשֶׁל עֲרָל, וַעֲלֵי הַלּוּף הַשּׁוֹטֶה - אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיִּתְמַתְּקוּ.
15Mustard seeds, lupine beans,35 and other foods that are pickled are susceptible to the impurity associated with foods both after they have been sweetened and before they have been sweetened.36טוהַחַרְדָּל וְהַתֻּרְמוֹסִין וּשְׁאָר כָּל הַנִּכְבָּשִׁין - מִטַּמְּאִין טֻמְאַת אֹכָלִין, בֵּין מִשֶּׁהִמְתִּיקוּ בֵּין עַד שֶׁלֹּא הִמְתִּיקוּ.
16When olives have been pickled together with their leaves, the leaves are not susceptible to ritual impurity, for they have not been pickled to be eaten, only for the sake of their appearance.37טזזֵיתִים שֶׁכְּבָשָׁן בֶּעָלִין שֶׁלָּהֶן - אֵין הֶעָלִין מְקַבְּלִין טֻמְאָה, שֶׁלֹּא כְבָשָׁן לְאֹכָלִין אֶלָּא לְמַרְאֶה.
17The hairs of zucchini and its flower are not susceptible to ritual impurity,38 because they are not food.יזכִּישׁוּת שֶׁל קִשּׁוּת, וְהַנֵּץ שֶׁלָּהּ - אֵין מְקַבְּלִין טֻמְאָה, מִפְּנֵי שֶׁאֵינוֹ אֹכֶל.
18When honey is in its beehive, it is susceptible to the ritual impurity associated with foods,39 even if one does not designate it as food in his mind.40 When one begins removing the honey, when the honey combs are broken, the honey is susceptible to impurity as a liquid.יחדְּבַשׁ בְּכַוַּרְתּוֹ, מִטַּמֵּא טֻמְאַת אֹכָלִין שֶׁלֹּא בְמַחֲשָׁבָה; רָדָה הַדְּבַשׁ - מִשֶּׁיְּרַסֵּק הַחַלּוֹת, מִתְטַמֵּא מִשּׁוּם מַשְׁקֶה.
When honey flows out of a beehive, it is susceptible to impurity as a liquid. If one considers it as a food,41 it is susceptible to impurity as a food.42דְּבַשׁ הַזָּב מִכַּוַּרְתּוֹ, מִתְטַמֵּא טֻמְאַת מַשְׁקִין; חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין.
19Oil that has congealed43 is neither considered as food, nor a liquid in this context. Even if one thinks of it while it is congealed as a food or a liquid, his thought is of no consequence.44יטהַשֶּׁמֶן הַקָּרוּשׁ - אֵינוֹ אֹכֶל וְלֹא מַשְׁקֶה; חִשַּׁב עָלָיו כְּשֶׁהוּא קָרוּשׁ, בֵּין לְאֹכָלִין בֵּין לְמַשְׁקִין - בָּטְלָה דַעְתּוֹ.
Similarly, when blood has congealed, it is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence.וְכֵן הַדָּם שֶׁקָּרַשׁ - אֵינוֹ אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין; חִשַּׁב עָלָיו לְמַשְׁקִין, בָּטְלָה דַעְתּוֹ.
20When milk45 has congealed, it is neither considered as food, nor a liquid.46 If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence.כחָלָב שֶׁקָּרַשׁ - לֹא אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין; לְמַשְׁקִין, בָּטְלָה דַעְתּוֹ.
21Date honey47 is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods.48 If one thinks of it as a liquid, his thought is of no consequence.49כאדְּבַשׁ תְּמָרִים - לֹא אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, מִתְטַמֵּא טֻמְאַת אֹכָלִין; לְמַשְׁקִין, בָּטְלָה דַעְתּוֹ.
All other fruit juices are neither considered as foods, nor liquids with regard to ritual impurity. If one thinks of one as a food or a liquid, his thought is of no consequence.וּשְׁאָר כָּל מֵי פֵרוֹת כֻּלָּן - לֹא אֹכֶל וְלֹא מַשְׁקֶה; חִשַּׁב עָלָיו, בֵּין לְאֹכָלִין בֵּין לְמַשְׁקִין - בָּטְלָה דַעְתּוֹ.
22Snow is neither considered as food, nor a liquid. If one thinks of it as a food, his thought is of no consequence. If one thinks of it as a liquid, it is susceptible to the ritual impurity associated with liquids.50 If a portion of it contracted impurity, the entire quantity is not considered as impure.51 If the snow was passed over52 an impure earthenware container, all of it becomes impure.53כבהַשֶּׁלֶג - אֵינוֹ אֹכֶל וְלֹא מַשְׁקֶה. חִשַּׁב עָלָיו לְאֹכָלִין, בָּטְלָה דַעְתּוֹ; לְמַשְׁקִין, מִתְטַמֵּא טֻמְאַת מַשְׁקִין. נִטְמָא מִקְצָתוֹ, לֹא נִטְמָא כֻּלּוֹ; הֶעֱבִירוֹ עַל גַּבֵּי כְּלִי חֶרֶס הַטָּמֵא, נִטְמָא כֻלּוֹ.
23When one had in mind to use milk that is in the teats of a slaughtered animal, his thought is of no consequence and it is pure. If he had the intent to use congealed milk that is in the stomach of a slaughtered nursing animal,54 it is susceptible to the ritual impurity associated with foods.כגהֶחָלָב שֶׁבַּכְּחָל שֶׁחִשַּׁב עָלָיו - בָּטְלָה דַעְתּוֹ, וַהֲרֵי הוּא טָהוֹר; חִשַּׁב עַל הֶחָלָב שֶׁבַּקֵּבָה, הֲרֵי זֶה מִתְטַמֵּא טֻמְאַת אֹכָלִין.
24When grapes have been trodden upon,55 once one has crisscrossed over them, they are susceptible to the ritual impurity associated with liquids.56 If whole grapes remain, those grapes are susceptible to the ritual impurity associated with foods.כדעֲנָבִים שֶׁדְּרָכָן - מִשֶּׁיְּהַלֵּךְ בָּהֶן הַדּוֹרֵךְ שְׁתִי וָעֵרֶב, מִתְטַמְּאִין מַשְׁקִין; נִשְׁתַּיֵּר בָּהֶן גַּרְגְּרִין שְׁלֵמִים, אוֹתָן גַּרְגְּרִין מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
Similarly, when olives are loaded in an olive press, they are susceptible to the ritual impurity associated with liquids. If whole olives remain,57 those olives are susceptible to the ritual impurity associated with foods.וְכֵן הַזֵּיתִים - מִשֶּׁיִּטְעָנוּם, מִתְטַמְּאִין טֻמְאַת מַשְׁקִין; נִשְׁתַּיְּרוּ בָהֶן (גרוגרות) גַּרְגְּרִין שְׁלֵמִים, מִתְטַמְּאִין טֻמְאַת אֹכָלִין.
25Although it is forbidden to benefit from any of the following: produce that is orlah,58 mixed species that grew in a vineyard,59 the meat of an ox sentenced to be stoned60 that was slaughtered, the meat of a calf designated to have its neck broken,61 whether it was slaughtered beforehand62 or whether its neck was broken,63 the birds used to purify a person afflicted with tzara’at,64 a firstling donkey,65 a mixture of milk and meat, the meat of the red heifer,66 and meat from a sacrifice that is piggul67 or notar68 are all susceptible to the ritual impurity associated with foods.69כההֶעָרְלָה, וְכִלְאֵי הַכֶּרֶם, וְשׁוֹר הַנִּסְקָל שֶׁנִּשְׁחַט, וְעֶגְלָה עֲרוּפָה בֵּין שֶׁנִּשְׁחֲטָה בֵּין שֶׁנֶּעֶרְפָה, וְצִפֳּרֵי מְצֹרָע, וּפֶטֶר חֲמוֹר, וּבָשָׂר בְּחָלָב, וּבְשַׂר פָּרָה אֲדֻמָּה, וְהַפִּגּוּל, וְהַנּוֹתָר, אַף עַל פִּי שֶׁכָּל אֵלּוּ אֲסוּרִין בַּהֲנָאָה - כֻּלָּן מִתְטַמְּאִין טֻמְאַת אֹכָלִין.

Quiz Yourself on Tumat Okhalin Chapter 1

Footnotes
1.

I.e., if they come in contact with a source of ritual impurity, they contract ritual impurity.

2.

See Chapter 3 where the concept of “designated for human consumption” is clarified.

3.

Mentioned in Halachah 2.

4.

Literally, “being made fit,” i.e., ready, to contract impurity. See Commentary to the Mishnah (Machshirin 1:1).

5.

The verse continues to relate how the food can contract impurity if it comes in contact with an animal carcass. The implication is that only after it is dampened by water can it contract impurity in this manner.

6.

As mentioned in Chapter 10, several of the liquids mentioned here also have derivatives that also can contract impurity and make objects susceptible to impurity.

7.

As stated in Chapter 10, Halachah 3, this refers only to the blood that flows at the time an animal is slaughtered. Other blood does not have this distinction.

8.

The intent is honey that comes from bees. Although in the Bible, the term honey often refers to date honey, that is not the intent here. The Sifra to the above verse uses Biblical exegesis to infer that these seven liquids (and their derivatives) alone make food susceptible to ritual impurity. See Chapter 10 for more details regarding these liquids.

9.

If, by contrast, water spills accidentally on food, it may not become susceptible to impurity.

10.

Leviticus 11:34 speaks of “liquids that will be drunk,” implying that in this context, only potable liquids are given this status (Sifra).

11.

The term mei peirot, which literally means “fruit juice,” also applies to liquids of other origin as stated in Chapter 10.

12.

The Ra’avad differs with the Rambam and maintains that although fruit juices do not make foods susceptible to ritual impurity, if fruit was squeezed with the intent of producing juice, that juice is itself susceptible to ritual impurity. The Kessef Mishneh elaborates in support of the Rambam’s position, refuting the Ra’avad’s arguments.

13.

In his Commentary to the Mishnah (Sh’vi’it 4:9), the Rambam interprets this term as meaning that if they were squeezed in their present state, they would only produce a third of the liquid they would produce when left to ripen to maturity.

14.

Our translation of this and the following terms are taken from Rav Kapach’s notes to his translation of the Arabic terms used in the Rambam’s Commentary to the Mishnah (Uktzin 3:5; T’vul Yom 1:5).

15.

An Indian fruit resembling a pomegranate. Others interpret the term as a species of cinnamon.

16.

E. g., cinnamon or nutmeg.

17.

Chilba, a sharp pungent herb.

18.

For then it is considered as a spice, as the substances mentioned in the previous halachah.

19.

From the Rambam’s Commentary to the Mishnah (Uktzin 3:4), it appears that the intent is that raw dill is always considered a vegetable. If it was placed in a pot, it is considered a spice. Hence, after it was removed from the pot, it does not contract ritual impurity. This interpretation eliminates the basis for the question raised by the Ra’avad. See parallels in Hilchot Terumot 15:12, Hilchot Ma’aser Sheni 7:10.

20.

The standard text of the Rambam’s source, the Tosefta, Uktzin 3:8, speaks of the dates and the figs becoming spoiled to the point that they are not fit for a dog. The Rambam apparently had a different version of that source. According to his conception, once foods are no longer fit for human consumption, they do not contract the impurity associated with food. They do not have to be spoiled entirely. See Chapter 2, Halachah 14 and notes.

21.

Beans usually used as animal fodder, but used for humans in a difficult situation.

22.

Otherwise, like animal fodder, it does not contract impurity.

23.

I.e., with regard to ritual impurity. The Rambam is quoting his source, Uktzin 3:7. In other contexts, it is considered as food; see Hilchot Berachot 8:6; Hilchot Ma'aser Sheni 7:8; Hilchot Shmitah 5:21.

24.

For a deed has been performed to place them in that category.

25.

After one squeezed grapes to remove their juice for wine, one collected the pulpy mass that remained to eat.

26.

Since people do not usually partake of the pomace, the fact that one person intends to do so is not significant.

27.

This refers to grapes and olives that became dried out while on the vine or tree [the Rambam’s Commentary to the Mishnah (Uktzin 3:6)]. Hence, they are so firm that rather than be crushed by the grape or olive press, they slip out and are expelled to the side.

28.

Since they are so firm, they are not fit to be eaten or pressed to remove the liquids they contain.

29.

A kor is 30 se’ah and a se’ah is six kabbim. Thus there are 180 kabbim in a kor. As such, we are speaking of slightly less than two percent of the grapes or olives being wasted in this manner. In contemporary measure, a kab is approximately 1376 cc. according to Shiurei Torah and 2400 cc. according to Chazon Ish.

30.

Since there is such a large amount, we assume that the owner will desire to benefit from them (see Bava Metzia 105a).

31.

The fact that the person collects them and sets them aside indicates that in his mind, they are considered as food. Since they are not entirely unfit to be eaten, the fact that a person considers them as food is significant.

32.

The translation of this — and the following — terms are taken from the Rambam’s Commentary to the Mishnah (Uktzin 3:6-7). The Kessef Mishneh offers a different interpretation.

33.

The translation of all these terms are taken from the Rambam’s Commentary to the Mishnah (Uktzin 3:4).

34.

All of these substances are somewhat bitter. For them to be considered as foods, they must be sweetened through a pickling process (ibid.).

35.

A type of bean that had to be cooked seven times before it was fit for human consumption (Beitzah 25b).

36.

Since they are usually pickled, they are considered as foods even before they are actually pickled.

37.

The pickled olives look more attractive when they are served together with their leaves [the Rambam’s Commentary to the Mishnah (Uktzin 2:1)]. The leaves themselves are not eaten.

38.

I.e., if impurity touched them without touching the zucchini itself, neither they nor the zucchini are impure, for they are not food, nor are they of any value to the zucchini [see the Rambam’s Commentary to the Mishnah (op. cit.)].

39.

But not as a liquid. The impurity associated with liquids is more severe than that associated with foods (see Hilchot Sha’ar Avot HaTum’ah 1:5).
This ruling reflects a change in the Rambam’s thinking. In his Commentary to the Mishnah (Uktzin 3:11), he writes that when honey is in its honeycomb, it is considered as neither a liquid, nor a food.

40.

I.e., it is considered as food even before one had a specific intent to remove it.

41.

When taking it out of the hive, one had the intent to use it for jam or as part of a cooked dish (Shulchan Aruch HaRav 168:7).

42.

I.e., and not a liquid (ibid.). As explained in that source, the designation of the honey as either a food or a liquid depends on the person’s intent. If he intended that it serve as food, it is considered as food. If his intent is that it serve as a liquid, it is designated as such. The Turei Zahav 168:6 differs and maintains that even if the person opened the beehive to use the honey as food and it is there considered as such, it is also considered as a liquid.

43.

The Rambam’s ruling is based on the Tosefta (Taharot 2:2). As the Ra’avad notes, that source, however, does not state “congealed.” The Kessef Mishneh explains that the Rambam assumes that this is the intent, for oil is one of the seven liquids mentioned in Halachah 2.

44.

Since most people would not consider it as a food or a liquid, the fact that a given person does is of no consequence. Similarly, whenever the term batlah da'ato is used in the following halachot—and in subsequent chapters—the intent is since the common and accepted practice follows a given pattern, even if one person deviates and has in mind to use the entity otherwise, his conception is outweighed by that of people at large and his intent is of no consequence.

45.

See the notes to Chapter 9, Halachah 2, where it is suggested that perhaps the intent is cheilev, fat.

46.

In that era, it was not common to eat milk in that state. The Rambam’s ruling is based on the Tosefta (op. cit.). Apparently, the Ra’avad had a different version of that source. Hence, he objects to the Rambam’s ruling.

47.

This is the intent of the term honey in the description of Eretz Yisrael as “a land of milk and honey” (Rashi, Eruvin 4b).

48.

Because there are people who eat it as a food.

49.

For it is never drunk as a liquid.

50.

For it can be melted and converted to water. Even then, however, it does not make produce susceptible to impurity as liquids do.

51.

For it is not considered as one large entity, but rather as a composite of many smaller entities. Only the snow that actually touched the impurity is impure. See, however, Chapter 2, Halachah 23, and notes.

52.

Apparently, the intent is: placed in the inner space of. For being within the inner space of an impure earthenware container causes an entity to contract ritual impurity. The Kessef Mishneh offers this explanation, but suggests that the Rambam should have used clearer wording.

53.

Because it was all located within the container’s inner space.

54.

Since the congealed milk had already mixed with the nursing animal’s digestive juices, it would be useful as a curdling agent in making cheese or the like (Hilchot Ma’achalot Assurot 4:19). Apparently, however, there were also some people who would use this milk as a dip for other foods. The commentaries note that Hilchot Sh’ar Avot HaTum’ah 1:15 appears to imply that such milk is considered as wastes and is not viewed as food at all and is always pure. The Ra’avad suggests that this ruling should also be stated here.

55.

One of the ways to remove the juice from grapes was to tread on them.

56.

Because one’s intent is to obtain the grape juice.

57.

The Ra’avad states that this refers to an instance where the olives were not crushed at all, but instead, remained entirely intact. He then asks: How is it possible for olives that were pressed to remain totally intact? He explains that this refers to an instance where the press was not applied to its full extent.

58.

Fruit that grows in the first three years of a tree's life (Leviticus 19:23; Hilchot Ma'achalot Assurot 10:9).

59.

A species of grain or a type of vegetable that grows together with a vine (Deuteronomy 22:9; Hilchot Ma'achalot Assurot 10:6).

60.

I.e., an ox condemned to be stoned for killing a human being or being used for relations with a man or woman. Even if one slaughtered the ox before it was stoned, it is forbidden to benefit from its meat (Exodus 21:28; Hilchot Ma'achalot Assurot 4:22).

61.

When a wayfarer was discovered to have been murdered and it is impossible to determine the identity of the murderer, the court of the town nearby must secure atonement by having a calf killed by breaking its neck in a special rite (Deuteronomy, ch. 21; Hilchot Rotzei’ach, ch. 9).

62.

Once it has been designated for this purpose, it is forbidden to benefit from it.

63.

It is not considered as an animal killed without ritual slaughter (and hence, a primary source of impurity). Since breaking its neck is mandated by Torah Law, it is equivalent to ritual slaughter (Hilchot Sha’ar Avot HaTum’ah 3:13).

64.

Two birds are used in the purification process of a person afflicted with tzara’at (Leviticus, ch. 14; Hilchot Tum’at Tzara’at, ch. 11). It is forbidden to benefit from the bird that was slaughtered. In his gloss to Hilchot Tum’at Tzara’at, the Mishneh LeMelech adds that it is also forbidden to benefit from the bird that is sent away until it is sent away.

65.

Which must be redeemed for a lamb or its neck must be broken (Exodus 13:13; Hilchot Bikkurim, ch. 12). The Kessef Mishneh explains that we are speaking about meat cut from the donkey after it was slaughtered, but before it dies, because once it dies, its meat contracts the more severe impurity associated with the carcass of a dead animal.

66.

See Hilchot Sha’ar Avot HaTum’ah 3:3.

67.

A sacrifice that was slaughtered with the intent to partake of it at a time when it is forbidden to do so (Hilchot Pesulei HaMukdashin 13:1).

68.

Sacrificial meat left beyond the time designated for it to be eaten (ibid. 18:10).

69.

Although it is forbidden to eat all these substances, they are all edible and considered as foods in this context.

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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