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Rambam - 1 Chapter a Day

Tum'at Okhalin - Chapter 2

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Tum'at Okhalin - Chapter 2

1All foods that grow from the earth are not susceptible to ritual impurity until they are uprooted from the ground. As long as they are connected to the earth -even by a small root,1 as long as they can sustain themselves from it2 —they are not susceptible to impurity.אכָּל הָאֹכָלִין הַגְּדֵלִין מִן הַקַּרְקַע - אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיֵּעָקְרוּ; אֲבָל כָּל זְמַן שֶׁהֵן מְחֻבָּרִין, אֲפִלּוּ כְּשֹׁרֶשׁ קָטָן שֶׁיְּכוֹלִין לִחְיוֹת מִמֶּנּוּ - אֵינָן מְקַבְּלִין טֻמְאָה.
2When a branch of a fig tree was broken off, yet it is still connected by its bark, but it cannot sustain itself from it, all the fruit on it are susceptible to ritual impurity. There is an unresolved doubt with regard to this matter: Is the remainder of the tree considered as a handle3 to this broken branch or not?ביִחוּר שֶׁל תְּאֵנָה שֶׁנִּפְשַׁח וּמְעֹרֶה בַּקְּלִפָּה שֶׁאֵינוֹ יָכוֹל לִחְיוֹת מִמֶּנָּה, כָּל הָאֹכָלִין שֶׁבּוֹ מִתְטַמְּאִין; וְיֵשׁ בַּדָּבָר סָפֵק אִם הָיָה שְׁאָר הָאִילָן כְּמוֹ יָד לָזֶה הַיִּחוּר שֶׁנִּשְׁבַּר אוֹ לָאו.
3When vegetables become dried out while budding, e.g., cabbage or squash that becomes dried out while budding, they are not susceptible to the impurity associated with foods.4 If produce was harvested with the intent of it being dried, it is considered as food5 until it becomes totally dry and hard like wood.גיְרָקוֹת שֶׁיָּבְשׁוּ בְּאִבֵּיהֶן, כְּגוֹן כְּרוּב וּדְלַעַת שֶׁיָּבְשׁוּ בְּאִבֵּיהֶן - אֵינָן מִתְטַמְּאִין טֻמְאַת אֹכָלִין; לִקְּטָן לְיַבְּשָׁן - הֲרֵי הֵן אֹכָלִין כְּשֶׁהָיוּ, עַד שֶׁיִּיבְשׁוּ וְיֵעָשׂוּ כְּעֵץ.
4When the branches of a tree that contained fruit were broken off, the fruit is considered as having been harvested. Similarly, if a tree containing fruit dried out, the fruit is considered as having been harvested.6דאִילָן שֶׁנִּפְשַׁח, וּבוֹ פֵּרוֹת - הֲרֵי הֵן כִּתְלוּשִׁין; וְכֵן אִם יָבֵשׁ הָאִילָן, וּבוֹ פֵּרוֹת - הֲרֵי הֵן כִּתְלוּשִׁין.
5When figs dry out when budding, they contract impurity in their place.7התְּאֵנִים שֶׁיָּבְשׁוּ בְּאִבֵּיהֶן, מִטַּמְּאוֹת טֻמְאַת אֹכָלִין בִּמְקוֹמָן.
6All foods that come from living animals are not susceptible to ritual impurity until the animals die.8וכָּל הָאֹכָלִין שֶׁהֵן מִבַּעֲלֵי חַיִּים - אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיָּמוּתוּ.
If one slaughtered a domesticated animal, wild animal, or fowl, even though it is still in its death throes, it is susceptible to ritual impurity.9שָׁחַט בְּהֵמָה חַיָּה וָעוֹף, אַף עַל פִּי שֶׁעֲדַיִן הֵן מְפַרְכְּסִין - מְקַבְּלִין טֻמְאָה.
When do fish contract impurity? When they die.10 If a factor arose that caused a fish to be considered as tereifah11 and it contracted impurity when it is in its death throes, there is an unresolved question: Is it considered as if it had died,12 because it already became tereifah? Or is it not susceptible to ritual impurity until it becomes inanimate like stone and does not move?וְדָגִים מֵאֵימָתַי מְקַבְּלִין טֻמְאָה? מִשֶּׁיָּמוּתוּ. נוֹלַד בָּהֶן טְרֵפָה, וְנִתְטַמְּאוּ כְּשֶׁהֵן מִתְנַדְנְדִין - הֲרֵי יֵשׁ בַּדָּבָר סָפֵק אִם הֵן חֲשׁוּבִין כַּמֵּתִים, הוֹאִיל וְנִטְרְפוּ, אוֹ אֵינָן מְקַבְּלִין טֻמְאָה, עַד שֶׁיִּדְּמוּ כָּאֶבֶן וְלֹא יִתְנַדְנְדוּ.
If a limb or meat that was loosely hanging13 from a domesticated or wild animal and could not rejuvenate itself was made fit to contract impurity,14 it is susceptible to impurity even when in its place attached to the animal, because it is already considered as food that has been separated.הָאֵבֶר אוֹ הַבָּשָׂר הַמְּדֻלְדָלִין בִּבְהֵמָה אוֹ חַיָּה שֶׁאֵינָן יְכוֹלִין לִחְיוֹת, אִם הֻכְשְׁרוּ - מְקַבְּלִין טֻמְאָה בִּמְקוֹמָן, מִפְּנֵי שֶׁהֵן חֲשׁוּבִין כְּאֹכֶל שֶׁפֵּרֵשׁ.
If the animal was slaughtered, the slaughter makes it fit to contract impurity,15 because the entire animal is considered as a “handle,” to this limb. And when a “handle” is made susceptible to ritual impurity, the entire organ becomes susceptible, as will be explained.16 There is an unresolved question if an animal can become a “handle” to a loosely hanging limb or flesh in the animal’s lifetime.נִשְׁחֲטָה הַבְּהֵמָה, הֻכְשְׁרוּ בַּשְּׁחִיטָה; שֶׁהַבְּהֵמָה כֻלָּהּ כְּמוֹ יָד לְאֵבֶר זֶה, וְיָד שֶׁהֻכְשַׁר - הֻכְשַׁר הָאֵבֶר כֻּלּוֹ, כְּמוֹ שֶׁיִּתְבָּאֵר. וְיֵשׁ בַּדָּבָר סָפֵק אִם תִּהְיֶה הַבְּהֵמָה בְּחַיֶּיהָ כְּמוֹ יָד לְאֵבֶר אוֹ בָשָׂר הַמְּדֻלְדָלִין בָּהּ.
7When one slaughters a domesticated animal, wild animal, or fowl, all of its meat becomes susceptible to ritual impurity because of the blood that emerges at the time of ritual slaughter.17 Therefore, if no blood emerges at the time of ritual slaughter, all of the meat must be made susceptible to ritual impurity like all other foods that were not yet made susceptible to impurity.זהַשּׁוֹחֵט בְּהֵמָה חַיָּה וָעוֹף, הֻכְשַׁר כָּל הַבָּשָׂר בַּדָּם שֶׁיָּצָא בַּשְּׁחִיטָה. לְפִיכָךְ אִם לֹא יָצָא מֵהֶן דָּם בַּשְּׁחִיטָה - הֲרֵי כָּל בְּשָׂרָן צָרִיךְ הֶכְשֵׁר, כְּכָל הָאֹכָלִין שֶׁלֹּא הֻכְשְׁרוּ.
8When foods are made susceptible to impurity18 while they are attached to the earth or they were made susceptible with water that was attached to the ground, they are not susceptible to impurity. They receive this status only after coming in contact with water that is not in contact with the earth19 or with other liquids after the produce has been detached from the earth,20 as implied by Leviticus 11:34: “in any container.” It can be inferred that a liquid does not make food susceptible to impurity unless it was lifted from the ground, like water in a container.חאֹכָלִין שֶׁהֻכְשְׁרוּ כְּשֶׁהֵן מְחֻבָּרִין לַקַּרְקַע, אוֹ שֶׁהֻכְשְׁרוּ בַּמַּיִם הַמְּחֻבָּרִים שֶׁבַּקַּרְקַע - אֵינוֹ הֶכְשֵׁר, עַד שֶׁיֻּכְשְׁרוּ אַחַר שֶׁנֶּעֶקְרוּ בְּמַיִם הַתְּלוּשִׁין מִן הַקַּרְקַע אוֹ בִּשְׁאָר מַשְׁקִין, שֶׁנֶּאֱמַר "בְּכָל כְּלִי" - אֵינוֹ מַכְשִׁיר עַד שֶׁיִּתָּלֵשׁ מִן הַקַּרְקַע כְּעֵין הַמַּיִם שֶׁבַּכֵּלִים.
If one drew water with a container and then poured it on the ground, it does not make food susceptible to impurity.21שָׁאַב הַמַּיִם בִּכְלִי, וּנְתָנָן בַּקַּרְקַע - אֵינָן מַכְשִׁירִין.
9When a zucchini was planted in a flowerpot22 and it grew, even though23 portions of it emerged outside the flowerpot, it is not susceptible to ritual impurity.24 The rationale is that when a flowerpot has a hole through which a small root can protrude, produce growing in it is considered as attached to the earth and anything planted in it is not susceptible to ritual impurity.טקִשּׁוּת שֶׁנְּטָעָהּ בְּעָצִיץ, וְהִגְדִּילָה, אַף עַל פִּי שֶׁיָּצָאת חוּץ לֶעָצִיץ - אֵינָהּ מְקַבֶּלֶת טֻמְאָה. וְעָצִיץ שֶׁהוּא נָקוּב כְּדֵי שֶׁיֵּצֵא בוֹ שֹׁרֶשׁ קָטָן - הֲרֵי הוּא כָּאָרֶץ, וְהַנָּטוּעַ בּוֹ אֵינוֹ מְקַבֵּל טֻמְאָה.
Similarly, if there was water in it, the water does not make produce susceptible to impurity.25וְכֵן אִם הָיוּ בוֹ מַיִם, אֵינָן מַכְשִׁירִין.
10When a flowerpot does not have a hole, anything growing in it is susceptible to ritual impurity.26 If there is water in it, that water makes produce susceptible to impurity.27יעָצִיץ שֶׁאֵינוֹ נָקוּב, הֲרֵי הַנָּטוּעַ בּוֹ מְקַבֵּל טֻמְאָה; וְאִם הָיוּ מַיִם בְּתוֹכוֹ, מַכְשִׁירִין.
11Vessels made from animal turds or earth28 from which roots can break through and protrude do not cause plants to become susceptible to impurity. Even though they do not have a hole, they are considered as if they have a hole.29יאכְּלֵי גְלָלִים וּכְלֵי אֲדָמָה שֶׁהַשָּׁרָשִׁים יְכוֹלִין לִבְקוֹעַ בָּהֶן וְלָצֵאת, אֵינָן מַכְשִׁירִין אֶת הַזְּרָעִים; וְאַף עַל פִּי שֶׁאֵינָן נְקוּבִין, הֲרֵי הֵן כִּנְקוּבִין.
12When a flowerpot was filled with earth until its edge, it is no longer considered as a container.30 Instead, it is considered as a flat surface that does not have an edge, for it is no longer a receptacle.יבעָצִיץ שֶׁמִּלְּאָהוּ עָפָר עַד שְׂפָתוֹ - אֵינוֹ חָשׁוּב כְּלִי, אֶלָּא הֲרֵי הוּא כְּטַבְלָא שֶׁאֵין לָהּ שָׂפָה, שֶׁאֵינוֹ כְּלִי קִבּוּל.
13When impure liquids fall on foods,31 the foods become impure even though they fell contrary to the desire of the owner.32 The rationale is that the food’s contraction of impurity occurs at the same time as it became susceptible to impurity. This applies provided the liquids are not on the earth.33יגמַשְׁקִין טְמֵאִין שֶׁנָּפְלוּ עַל הָאֹכָלִין - נִטְמְאוּ, אַף עַל פִּי שֶׁנָּפְלוּ שֶׁלֹּא בִּרְצוֹן הַבְּעָלִים, שֶׁהֲרֵי הַטֻּמְאָה וְהַהֶכְשֵׁר בָּאִין כְּאַחַת; וְהוּא, שֶׁלֹּא יִהְיוּ בַּקַּרְקַע.
14Whenever food has spoiled and rotted to the point that it is no longer fit for human consumption,34 it is not susceptible to ritual impurity.35ידכָּל אֹכֶל שֶׁנִּפְסַד וְנִסְרַח עַד שֶׁאֵינוֹ רָאוּי לְמַאֲכַל אָדָם - אֵינוֹ מְקַבֵּל טֻמְאָה.
Similarly, a liquid that has spoiled and become foul to the point that it is no longer fit for human consumption is not susceptible to ritual impurity, just as it does not make foods susceptible to ritual impurity,36 as implied by Leviticus 11:34: “which he shall drink.”37וְכֵן מַשְׁקֶה שֶׁנִּסְרַח וְנִפְסַד, וְאֵינוֹ רָאוּי לִשְׁתִיַּת אָדָם - אֵינוֹ מְקַבֵּל טֻמְאָה, כְּדֶרֶךְ שֶׁאֵינוֹ מַכְשִׁיר; שֶׁנֶּאֱמַר "אֲשֶׁר יִשָּׁתֶה".
15When one cooked an animal’s hide or thought of partaking of a placenta,38 they contract ritual impurity39 as an independent entity.40טוהָעוֹר שֶׁשְּׁלָקוֹ, וְהַשִּׁלְיָא שֶׁחִשַּׁב עָלֶיהָ לַאֲכִילָה - מִתְטַמְּאִין טֻמְאַת אֹכָלִין בִּפְנֵי עַצְמָן.
16When one cooks the hide of a donkey, there is an unresolved question whether it contracts ritual impurity as an independent entity, because it was cooked or it does not contract impurity, because it is very disgusting.41טזעוֹר הַחֲמוֹר שֶׁשְּׁלָקוֹ - הֲרֵי זֶה סָפֵק אִם מִתְטַמֵּא טֻמְאַת אֹכָלִין בִּפְנֵי עַצְמוֹ, מִפְּנֵי שֶׁשְּׁלָקוֹ, אוֹ אֵינוֹ מִתְטַמֵּא, מִפְּנֵי שֶׁהוּא מָאוּס הַרְבֵּה.
17Kernels of wheat that are found in cattle turds or barley that is found in animal turds that were collected are not susceptible to ritual impurity.42 If one thought of partaking of them,43 they contract the ritual impurity associated with foods.יזחִטִּים שֶׁבְּגֶלְלֵי בָקָר וּשְׂעוֹרִים שֶׁבְּגֶלְלֵי הַבְּהֵמָה שֶׁלִּקְּטָן, אֵין מְקַבְּלִין טֻמְאָה; וְאִם חִשַּׁב עֲלֵיהֶן לַאֲכִילָה, מִתְטַמְּאוֹת טֻמְאַת אֹכָלִין.
18When food became impure and after it became impure, it spoiled and rotted, if it became unfit for a dog to eat or it became dry like a shard,44 it is pure.45
If it became unfit for human consumption, but it is still fit for a dog, it remains impure as it was beforehand.
יחכָּל אֹכֶל שֶׁנִּטְמָא, וְאַחַר שֶׁנִּטְמָא נִפְסַד וְנִסְרַח: אִם נִפְסַל מִלֶּאֱכוֹל הַכֶּלֶב, אוֹ שֶׁיָּבֵשׁ כַּחֶרֶס, הֲרֵי זֶה טָהוֹר; וְאִם נִפְסַל מִלֶּאֱכוֹל אָדָם, וַעֲדַיִן הוּא רָאוּי לַכֶּלֶב - הֲרֵי זֶה טָמֵא כְּשֶׁהָיָה.
Whenever food becomes impure, it cannot regain purity by being immersed in a mikveh.וְכָל הָאֹכָלִין שֶׁנִּטְמְאוּ, אֵין לָהֶן טָהֳרָה בַּמִּקְוֶה.
19When one sows impure seeds, the plant that grows from them is pure, even if it is an entity whose seed does not decompose.46 The above applies provided the seeds sprout roots.47 If, however, they do not sprout roots, they remain impure even if the seed decomposes.48יטזְרָעִים טְמֵאִים שֶׁזְּרָעָם - הֲרֵי הַצּוֹמֵחַ מֵהֶן טָהוֹר, וַאֲפִלּוּ בְּדָבָר שֶׁאֵין זַרְעוֹ כָּלֶה. וְהוּא, שֶׁהִשְׁרִישׁוּ; אֲבָל קֹדֶם הַשְׁרָשָׁה - הֲרֵי הֵן בְּטֻמְאָתָן, אֲפִלּוּ בְּדָבָר שֶׁזַּרְעוֹ כָּלֶה.
20When food is attached to a utensil,49 it is no longer considered as food. If the utensil becomes impure, it contracts the impurity of the utensil. Since the food serves as wood,50 it is considered as wood.51כאֹכָלִין שֶׁמְּחֻבָּרִין לְכֵלִים, בָּטְלוּ מִתּוֹרַת אֹכֶל; וְאִם נִטְמָא הַכְּלִי, הֲרֵי הֵן מִתְטַמְּאִין בְּטֻמְאַת הַכְּלִי - הוֹאִיל וְהֵן מְשַׁמְּשִׁין תַּשְׁמִישׁ עֵץ, הֲרֵי הֵן כָּעֵץ.
21Whenever a liquid contracts impurity and afterwards spoils and becomes foul,52 it remains impure forever. For the impurity of a liquid never departs, even if it becomes unfit for a dog to drink.כאכָּל מַשְׁקֶה שֶׁנִּטְמָא, וְאַחַר שֶׁנִּטְמָא נִפְסַד וְנִסְרַח - הֲרֵי זֶה בְּטֻמְאָתוֹ לְעוֹלָם; שֶׁאֵין הַמַּשְׁקֶה יוֹצֵא עַל יְדֵי הַכֶּלֶב לְעוֹלָם.
Liquid that becomes impure can never regain purity. The only exception is water, i.e., if one immersed impure water in a mikveh, when the water of the mikveh covers the impure water, it regains purity. Hot impure water can be immersed in a cold mikveh. Similarly, cold water can be immersed in hot water, foul water can be immersed in pleasant water, and pleasant water in foul water.וְאֵין לַמַּשְׁקֶה שֶׁנִּטְמָא טָהֳרָה, חוּץ מִן הַמַּיִם בִּלְבָד; שֶׁאִם הִטְבִּיל מַיִם טְמֵאִים בַּמִּקְוֶה - כֵּיוָן שֶׁצָּפוּ מֵי מִקְוֶה עֲלֵיהֶן, טָהֲרוּ. וּמַטְבִּילִין חַמִּין בְּצוֹנֵן, וְצוֹנֵן בְּחַמִּין, וְרָעִים בְּיָפִים, וְיָפִים בְּרָעִים.
22When a staff was thoroughly wet with impure liquids,53 if a portion of it was immersed, the water on the other portion54 is not purified until it is immersed in its entirety.כבמַקֵּל שֶׁהִיא מְלֵאָה מַשְׁקִין טְמֵאִים, וְהִטְבִּיל מִקְצָתָהּ בַּמִּקְוֶה - לֹא טָהֲרוּ הַמַּיִם שֶׁעַל מִקְצָתָהּ, עַד שֶׁיִּטְבֹּל אֶת כֻּלָּהּ.
23When snow becomes impure and a portion of it is joined to the waters of a mikveh, since a portion became pure, it becomes pure in its entirety.55כגשֶׁלֶג שֶׁנִּטְמָא, וְהִשִּׁיק מִקְצָתוֹ לְמֵי מִקְוֶה - הוֹאִיל וְטָהַר מִקְצָתוֹ, טָהַר כֻּלּוֹ.
24Temed56 that became impure—whether it became impure after the water was mixed with the grape dregs or whether the grape dregs were mixed with impure water—until it becomes vinegary, it can be brought into contact with a mikveh and purified, for it is like water. Once it becomes vinegary, it’s like wine and it cannot be purified in a mikveh.כדהַתְּמָד הַטָּמֵא, בֵּין שֶׁנִּטְמָא אַחַר שֶׁתִּמְּדוֹ, בֵּין שֶׁתִּמְּדוֹ בְּמַיִם טְמֵאִים: עַד שֶׁלֹּא הֶחֱמִיץ, מַשִּׁיקוֹ בַּמִּקְוֶה וְיִטְהַר, שֶׁהֲרֵי הוּא כַּמַּיִם; מִשֶּׁהֶחֱמִיץ - הֲרֵי הוּא כְּיַיִן, וְאֵין לוֹ טָהֳרָה בַּמִּקְוֶה.
25When a pot was filled with liquids, e.g., honey, wine, or the like, and placed in a mikveh and then a person who was a primary derivative of impurity57 extended his hand outward and touched the liquids, the liquids become impure even though they are in the mikveh.58 And the pot contracts impurity from the liquids in it,59 even though it is in the mikveh.כהקְדֵרָה שֶׁמְּלֵאָה מַשְׁקִין כְּגוֹן דְּבַשׁ וְיַיִן וְכַיּוֹצֵא בָהֶן, וּנְתוּנָה בְּתוֹךְ הַמִּקְוֶה, וּפָשַׁט הָרִאשׁוֹן לַטֻּמְאָה אֶת יָדוֹ וְנָגַע בָּהּ - הֲרֵי זֶה מְטַמֵּא אֶת הַמַּשְׁקִין, אַף עַל פִּי שֶׁהִיא בְּתוֹךְ הַמִּקְוֶה; וְנִטְמֵאת הַקְּדֵרָה מֵחֲמַת הַמַּשְׁקִין שֶׁבְּתוֹכָהּ, אַף עַל פִּי שֶׁהִיא בְּתוֹךְ הַמִּקְוֶה, [שֶׁהֲרֵי הַמַּשְׁקִין שֶׁבָּהּ חוֹצְצִין].
If, by contrast, the pot contained water, the pot is pure, because a derivative of impurity never imparts impurity to an earthenware container.60 Nor does the water it contains contract impurity, for it is mixed with the water of the mikveh.הָיְתָה מְלֵאָה מַיִם - הַקְּדֵרָה טְהוֹרָה, שֶׁאֵין הָרִאשׁוֹן מְטַמֵּא כְּלֵי חֶרֶס לְעוֹלָם; וְאֵין הַמַּיִם שֶׁבְּתוֹכָהּ טְמֵאִים, מִפְּנֵי שֶׁהֵן מְעֹרָבִים בְּמֵי הַמִּקְוֶה.
If, however, a person who is considered a source of impurity61 extended his hand and touched it, the pot becomes impure,62 for a mikveh does not impart purity to an earthenware container.63פָּשַׁט אַב הַטֻּמְאָה אֶת יָדוֹ וְנָגַע בָּהּ - נִטְמֵאת הַקְּדֵרָה, שֶׁאֵין הַמִּקְוֶה מְטַהֵר כְּלֵי חֶרֶס.
26Drainage water can be assumed to be impure.64 If rain water descended upon it to the extent that it became the majority, the mixture is pure.65 If they are of equal quantities, everything is impure, whether the water is found in a container or on the earth.כומֵי שְׁפִיכוּת, הֲרֵי הֵן בְּחֶזְקַת טֻמְאָה. יָרְדוּ עֲלֵיהֶן מֵי גְשָׁמִים: אִם רַבּוּ עֲלֵיהֶן, הֲרֵי הֵן טְהוֹרִים; מֶחֱצָה לְמֶחֱצָה - הַכֹּל טָמֵא, בֵּין בְּכֵלִים בֵּין בְּקַרְקָעוֹת.
When does this apply? When the drainage water came first.66 If, however, the rain water came first and then even the slightest amount of drainage water fell upon them, everything is impure, for when impure liquids descend into pure liquids, even the slightest amount imparts impurity.67אֵימָתַי? בִּזְמַן שֶׁקָּדְמוּ מֵי שְׁפִיכָה; אֲבָל אִם קָדְמוּ מֵי גְשָׁמִים, וְיָרְדוּ עֲלֵיהֶן כָּל שֶׁהוּא מִמֵּי שְׁפִיכוּת - הַכֹּל טָמֵא, שֶׁמַּשְׁקִין טְמֵאִין שֶׁיָּרְדוּ לַטְּהוֹרִים מְטַמְּאִין בְּכָל שֶׁהוּא.
27When a person spreads mud on the roof of his house68 or if he washes his clothes and water is dripping from them and then it rained and the dripping increased, we conclude that the majority is rain water and the water that drips is pure.כזהַטּוֹרֵף אֶת גַּגּוֹ וְהַמְכַבֵּס אֶת כְּסוּתוֹ, וַהֲרֵי הֵן מְנַטְּפִין, יָרְדוּ עֲלֵיהֶן גְּשָׁמִים, וְרַבּוּ הַנְּטִיפוֹת - הֲרֵי רַבּוּ מֵי גְשָׁמִים עֲלֵיהֶן, וְהַנּוֹטְפִין מֵהֶן טְהוֹרִין.
28The following rules apply when a person applied ritually pure oil to his body and afterwards contracted impurity. Should he immerse himself69 while the oil is still on his body, if merely the amount of oil to rub on a small finger was applied, the oil is pure as it was originally.70כחהַסָּךְ שֶׁמֶן טָהוֹר, וְנִטְמָא זֶה הָאָדָם, וְטָבַל, וַהֲרֵי הַשֶּׁמֶן עַל בְּשָׂרוֹ, אִם הָיָה כְּדֵי סִיכַת אֵבֶר קָטָן - הֲרֵי הוּא טָהוֹר כְּשֶׁהָיָה מִקֹּדֶם.
If a person applies impure oil to his body and immerses himself, the oil on his body does not regain purity. Instead, if there is moist oil on his body, the oil remains impure. If there is not enough that feels moist, it is nullified because of the small amount that is there.סָךְ שֶׁמֶן טָמֵא, וְטָבַל - לֹא טָהַר הַשֶּׁמֶן שֶׁעָלָיו, אֶלָּא אִם נִשְׁאַר מִמֶּנּוּ מַשְׁקֶה טוֹפֵחַ, הֲרֵי הַשֶּׁמֶן בְּטֻמְאָתוֹ; וְאִם לֹא נִשְׁאַר מִמֶּנּוּ כְּדֵי לְהַטְפִּיחַ מִמֶּנּוּ, בָּטֵל בְּמִעוּטוֹ.

Quiz Yourself on Tumat Okhalin Chapter 2

Footnotes
1.

In Hilchot Ma’aser Sheni 10:12, the Rambam defines this as a root “even as thin as a needle over which embroiderers wind thread.”

2.

If, however, they cannot sustain themselves through this nurture, they are considered as having been uprooted and are susceptible to impurity.

3.

As explained in Chapter 5, Halachot 1-2, there are substances that are considered as “handles” for food. Although they are not susceptible to ritual impurity in their own right, since they are considered as a “handle,” if impurity comes in contact with them, the fruit becomes impure and if the fruit contracts impurity, they also do.

4.

This is speaking about an instance where the produce is dry and unfit to be considered as food.

5.

And subject to the laws of ritual impurity. The fact that the person does not intend to use them as food is of no consequence.

6.

Because once the tree dries out, its fruit no longer derives nurture from it. The Ra’avad questions the Rambam’s source and the Kessef Mishneh explains the Rambam’s position.

7.

I.e., even though they are connected to the tree and the tree is connected to the ground.

8.

As long as the animal is alive, it is not considered as food, but as a living entity which does not contract impurity. See Hilchot Tum’at Meit 1:13.

9.

This refers even to a non-kosher animal or fowl. The rationale is that once a kosher animal has been slaughtered, it is halachically considered as “food” and it is permitted to partake of it even though it still makes convulsive movements. Hence, it contracts impurity from this time onward. True, with regard to the impurity associated with an animal carcass, an animal is not considered as dead until it ceases movement. Stringency is, however, required in that context because the relevant prooftext {Leviticus 11:39) states: “If an animal... will die” (Kessef Mishneh).
Since slaughter changes the status of a kosher animal in this manner, it can also change the status of a non-kosher animal, causing it to be considered as food and, hence, susceptible to ritual impurity. See also Chapter 3, Halachah 4.

10.

There is no concept of ritual slaughter for fish. See Hilchot Shechitah 1:3.

11.

Due to an injury or illness that will cause them to die in the near future.

12.

And thus susceptible to ritual impurity.

13.

I.e., although not severed from the body entirely, it was dislocated and its inner organs crushed to the extent that it will no longer regenerate itself. See Hilchot Sha’ar Avot HaTum’ah 2:5; Hilchot Ma’achalot Assurot 5:6; the Rambam’s Commentary to the Mishnah (Chulin 9:7).

14.

I.e., it came in contact with one of the seven liquids, as mentioned in Chapter 1, Halachot 1 and 2.

15.

Because the blood that emerges during ritual slaughter causes it to receive this status (Halachah 7).

16.

Chapter 5, Halachah 3.

17.

There is a Mishnaic view (Chulin 2:5) that the ritual slaughter itself is sufficient to make an animal susceptible to impurity, but the halachah does not follow that opinion.

18.

I.e., come in contact with liquids.

19.

Moreover, the owner must be pleased that the water was detached from the earth, as stated in Chapter 12, Halachah 3.

20.

Otherwise, almost all produce would be susceptible to ritual impurity because it came in contact with rain while it was growing (Sifra; Rashi; Chapter 12, Halachah I).

21.

Unless it is lifted up from the ground again.

22.

As evident from the continuation of the Rambam’s words, this is speaking about a flowerpot with a hole.

23.

The Ra’avad objects to the usage of the phrase “even though.” He maintains that this is referring to a flowerpot without a hole. Nevertheless, the portions of the plant that grow outside the flowerpot are considered as attached to the ground outside the plant. Hence, they are not susceptible to ritual impurity. The Kessef Mishneh notes that there is a Tosefta (the end of Uktzin, ch. 2) that supports the Ra’avad’s conception, but the Rambam’s source (the mishnah, Uktzin 2:10) can be understood according to his interpretation here.

24.

I.e., even if impurity touched only the portions outside the flowerpot, they are not considered as separate from the portions in the flowerpot.

25.

Because it is considered as water on the earth; see the previous halachah.

26.

Even though the plant and its fruit are still attached to the earth in the flowerpot, it is considered as if they are already detached.

27.

As does water in other containers.

28.

I.e., a vessel made of earth that was not fired in a kiln.
In his gloss to this halachah, the Ra’avad explains that these laws also apply to an earthenware container that has been fired in a kiln.

29.

For ultimately, the roots of the plants will protrude through the flowerpot and extend outward. This interpretation ref-lects a change from the Rambam’s position in his Commentary to the Mishnah (Uktzin 2:11).

30.

As stated in Hilchot Keilim 18:1, an earthenware implement is not susceptible to ritual impurity unless it serves as a container.

31.

I.e., foods that had not yet been made susceptible to ritual impurity.

32.

As will be explained (Chapter 12, Halachot 1-2), generally, to make food susceptible to ritual impurity, the liquids must fall on the foods as desired by the owner. An exception is made, however, when the liquids are impure (Chapter 10, Halachah 5). In his Commentary to the Mishnah (Machshirin 1:1), the Rambam explains that when the food is merely made susceptible to ritual impurity, it is necessary for the owner to desire that the liquid fall on the food. When, however, the food contracts impurity at the same time it becomes fit to do so, that is not necessary. The rationale is that Leviticus 11:38, the verse that requires that the owner desire that water come into contact with the food, speaks about it contracting impurity afterwards. One can infer that if it would contract impurity at the same time, there would be no such stipulation.

33.

As stated in Halachah 8. See also Chapter 15, Halachah 1.

34.

The Ra’avad objects to the Rambam’s ruling, citing Taharot 8:6 and other sources that appear to indicate that, for food not to be susceptible to ritual impurity, it must become spoiled to the extent that it is not fit for a dog to eat (a far greater degree of spoilage). In his Commentary to the Mishnah (see Rav Kappach’s version), the Rambam addresses this issue, stating that food that is not fit for human consumption is not considered food at all (see the following note). Although the mishnah mentions food becoming spoiled to the extent that it is unfit for a dog to eat, that refers to food that has already contracted impurity and then spoiled. Since it already became impure, becoming spoiled to the point that a person would not partake of it is not sufficient for that impurity to depart. It must become unfit for a dog to eat (see Halachah 18). When, by contrast, a food has not yet contracted impurity, as long as it is unfit for a human, its status remains pure.

35.

The Kessef Mishneh explains that the Rambam does not need a prooftext to support this concept; it is obvious. After all, the spoiled food is considered like ordinary earth or waste. Leviticus 11:34, the prooftext which teaches the entire the concept of impurity of foods states: “from any food that would be eaten.” The Sifra comments: “This excludes food that has spoiled, because it is not fit to be eaten.”

36.

As stated in Chapter 1, Halachah 2.

37.

Implied is that it must be suitable for drinking. Although the phrase primarily comes to teach that such water does not make food susceptible to impurity, it also implies that it does not contract impurity itself. See also Halachah 21.

38.

Even when it is not cooked. An animal’s hide is tough and would not be fit to be eaten unless it was cooked. A placenta, by contrast, is soft and could be eaten. Nevertheless, since it is not normally eaten, one must have a special intent for it to be considered as food.

39.

I.e., even if one did not cook these articles with other foods. If they were grouped with other foods, they would contract impurity even if they were not cooked (Kessef Mishneh to Halachah 16). Although, generally, these articles are not considered as food (see Hilchot Sha’ar Avot HaTum’ah 1:9, 15), if they are designated as such, they are susceptible to ritual impurity.

40.

I.e., even if they were not cooked with other foods.

41.

Even after being cooked, it is virtually inconceivable that it would be eaten.

42.

For they are considered as disgusting (see Hilchot Issurei Mizbeiach 6:13) and unfit for human consumption.

43.

The Kessef Mishneh notes that the Tosefta, the end of ch. 9 of Taharot, states that it is only when one thinks of partaking of them at the time he gathers them do they become susceptible to ritual impurity. If he has this intent afterwards, they are not susceptible to impurity. The Kessef Mishneh states that it is possible — but not absolutely necessary — to interpret the Rambam’s words in that manner.

44.

In such a situation, the food is not spoiled, but it is not fit to be eaten by a dog. For any food that becomes this dry is considered as dust (see Nidah 55a).
The commentaries note that in Hilchot Tum’at Meit 2:1, the Rambam rules that the flesh of a human corpse that has become dry like a shard retains its impurity. Nevertheless, a distinction can be made between these two types of impurity. In that vein, see also Hilchot Sha’ar Avot HaTum’ah 1:13,4:12, and 5:14, where it is stated that when a source of impurity becomes dried out, its impurity departs. In those sources, however, it is mentioned that when the source of impurity would become soft after being soaked in water for a day, the impurity does not depart. Kin’ at Eliyahu suggests that here greater leniency is shown, because unlike the sources of impurity mentioned previously, here, the impurity is a derivative.

45.

I.e., its impurity departs without a person having to take any action.

46.

E. g., an onion or the like.

47.

For then they are considered as having become connected to the earth and are no longer considered as food (Rashi, Pesachim 34a).

48.

For their previous status is not considered to have changed.

49.

E. g., the remnants of dough that become attached to a kneading trough.

50.

I.e., as part of the utensil.

51.

See a parallel expression of this principle in Hilchot Tum’at Tzara’at 14:10.

52.

The Ra’avad writes that if a liquid was once fit for human consumption and then it spoiled and became foul (even before it contracted ritual impurity), it can contract impurity in that state. The Kessef Mishneh offers two interpretations of Torat Kohanim (the Rambam’s source), which do not follow the Ra’avad’s conception.

53.

More specifically, impure water, for only water can regain impurity, as stated previously [the Rambam’s Commentary to the Mishnah (Taharot 8:9)].

54.

As evident from the mishnah cited previously, one might think that since there is water on the entire staff and part of the staff is immersed in the mikveh, even the water that is on the portion of the staff that was not immersed should be considered as joined to the mikveh. That conception is not accepted and the water that is outside the mikveh is not considered as pure (see parallels in Hilchot Mikveot 8:12). Moreover, when the portion that was immersed in the mikveh is removed, the water on it becomes impure because of its contact with the water that had not been immersed.

55.

The commentaries note the apparent contradiction between the Rambam’s ruling here and his ruling in Chapter 1, Halachah 22, where he states that if a portion of snow becomes impure, the snow does not become impure in its entirety. A possible resolution is offered by Rabbenu Shimshon in his commentary to Taharot 3:2. He explains that since snow can be considered as an integral part of a mikveh, any contiguous portion of snow is considered as joined to the mikveh.

56.

A mixture of grape dregs or peels and water that produces a drink that is not wine, but is grape-colored. If it is left for a significant time, the mixture can develop a vinegar taste [the Rambam’s Commentary to the Mishnah (Chulin 1:6); see also Hilchot Ma’aser Sheni 7:6-7].

57.

E. g., someone who touched a person who had touched a corpse, someone who had touched an animal carcass, or the like.

58.

For, as stated in Halachah 21, it is only water that is purified through contact with a mikveh.

59.

See Hilchot Sha’ar Avot HaTum’ah 7:2. The pot does not contract impurity from the person who touched it, as stated in the clause that follows.

60.

See Hilchot Tum’at Meit 5:7; Hilchot Metamei Mishkav UMoshav 6:2; Hilchot Sha’ar Avot HaTum’ah 1:1.

61.

Someone who touched a corpse, a zav, or the like.

62.

The water it contains does not become impure, as long as it is connected to the water of the mikveh. Once, however, the pot is lifted from the mikveh, the water it contains also becomes impure.

63.

Indeed, an earthenware container can never regain ritual purity. See Leviticus 11:33; Hilchot Mikvaot 1:3.

64.

For we assume that some impure water was mixed with it. See the Rambam’s Commentary to the Mishnah (Machshirin 2:3).

65.

As the Rambam writes in Chapter 15, Halachah 4, when a majority of rain water is added to the drainage water, the drainage water is considered as if was nullified.

66.

The Kessef Mishneh explains that although generally we follow the principle that the status of the water that is there originally is the determinant, here the water is not collected in a given place. Hence the water that comes afterwards causes the water that was there initially to flow away. Accordingly, it is the status of the second water that is significant.

67.

The Ra’avad questions the Rambam’s rationale. The explanation of the Kessef Mishneh mentioned above was given to clarify this objection.

68.

Before the rainy season, mud was spread over the roofs of homes to seal them, because it is possible that the heat of the summer caused cracks to develop.

69.

To regain purity.

70.

For this small amount of oil is considered insignificant. If, however, he used a larger amount of oil, the oil is considered as significant and contracts impurity from the person. Its purity is not restored when the person immerses.

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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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.