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Rambam - 1 Chapter a Day

Tum'at Okhalin - Chapter 3

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Tum'at Okhalin - Chapter 3

1We have already explained1 that food does not contract impurity until it is made fit to do so and that all food that is not designated for human consumption does not contract ritual impurity until it is designated for human consumption.אכְּבָר בֵּאַרְנוּ שֶׁאֵין הָאֹכָלִין מִתְטַמְּאִין עַד שֶׁיֻּכְשְׁרוּ; וְשֶׁכָּל אֹכֶל שֶׁאֵינוֹ מְיֻחָד לְמַאֲכַל אָדָם, אֵינוֹ מְקַבֵּל טֻמְאָה עַד שֶׁיִּחֲדוֹ לָאָדָם.
2The following rules apply when food is designated for human consumption in one locale, but is not designated for human consumption in another place. In a place where it is so designated, special intent is not necessary to designate it for human consumption. In a place where it is not so designated, one must have a special intent to designate it for human consumption and then it will be2 susceptible to ritual impurity. Any food that will ultimately impart impurity3 to a person or to keilim need not be exposed to liquids to become susceptible to ritual impurity.באֹכֶל שֶׁהוּא מְיֻחָד לָאָדָם בְּמָקוֹם הַזֶּה, וְאֵינוֹ מְיֻחָד לָאָדָם בְּמָקוֹם אַחֵר - בַּמָּקוֹם שֶׁהוּא מְיֻחָד בּוֹ, אֵינוֹ צָרִיךְ מַחֲשָׁבָה לְיַחֲדוֹ לָאָדָם; וּבַמָּקוֹם שֶׁאֵינוֹ מְיֻחָד בּוֹ, צָרִיךְ מַחֲשָׁבָה לְיַחֲדוֹ לָאָדָם וְאַחַר כָּךְ יְקַבֵּל טֻמְאָה. וְכָל אֹכֶל שֶׁסּוֹפוֹ לְטַמֵּא אָדָם וְכֵלִים, אֵינוֹ צָרִיךְ הֶכְשֵׁר.
3There are foods that require exposure to liquids, but do not require a special intent. There are foods that require a special intent, but do not require exposure to liquids, foods that require special intent and exposure to liquids, and foods that require neither special intent, nor exposure to Iiquids.4 What is implied? All foods that are designated for human consumption in any place require exposure to liquids, but do not require special intent. Kosher fish and kosher locusts5 in all places and non-kosher locusts and fish in rural areas6 are considered as designated for human consumption and require exposure to liquids, but do not require a special intent. Similarly, in all places,7 the fat of a kosher animal that died8 requires exposure to liquids,9 but does not require special intent.גיֵשׁ אֹכָלִין שֶׁצְּרִיכִין הֶכְשֵׁר וְאֵינָן צְרִיכִין מַחֲשָׁבָה, וְיֵשׁ שֶׁצְּרִיכִין מַחֲשָׁבָה וְאֵינָן צְרִיכִין הֶכְשֵׁר, וְיֵשׁ שֶׁצְּרִיכִין מַחֲשָׁבָה וְהֶכְשֵׁר, וְיֵשׁ שֶׁאֵין צְרִיכִין לֹא מַחֲשָׁבָה וְלֹא הֶכְשֵׁר. כֵּיצַד? כָּל הָאֹכָלִין הַמְּיֻחָדִין לָאָדָם בְּכָל מָקוֹם - צְרִיכִין הֶכְשֵׁר, וְאֵין צְרִיכִין מַחֲשָׁבָה. דָּגִים טְהוֹרִים וַחֲגָבִים טְהוֹרִים בְּכָל מָקוֹם, וַחֲגָבִים טְמֵאִים וְדָגִים טְמֵאִים בַּכְּפָרִים - הֲרֵי הֵן מְיֻחָדִין לָאָדָם, וְצָרִיךְ הֶכְשֵׁר וְלֹא מַחֲשָׁבָה; וְכֵן חֵלֶב בְּהֵמָה טְהוֹרָה שֶׁמֵּתָה - צָרִיךְ הֶכְשֵׁר וְלֹא מַחֲשָׁבָה, בְּכָל מָקוֹם.
The following require special intent10 and exposure to liquids: Meat that was separated11 from a living being, whether a human, animal, or fowl,12 the carcass of a non-kosher fowl,13 in rural areas,14 the fat of a kosher domesticated animal that was ritually slaughtered—even though it was exposed to liquids when slaughtered,15 it requires a second exposure after one had the intent to partake of it,16 and all wild vegetables, e.g., very pungent onions17 and mushrooms. Similarly, in rural areas, small locusts and fish18 require a special intent.וְאֵלּוּ צְרִיכִין מַחֲשָׁבָה וְהֶכְשֵׁר׃ בָּשָׂר הַפּוֹרֵשׁ מִן הַחַי - בֵּין מִן הָאָדָם, בֵּין מִן הַבְּהֵמָה, בֵּין מִן הָעוֹף; וְנִבְלַת הָעוֹף הַטָּמֵא; וְחֵלֶב בְּהֵמָה טְהוֹרָה שְׁחוּטָה בַּכְּפָרִים, אַף עַל פִּי שֶׁהֻכְשַׁר בַּשְּׁחִיטָה - צָרִיךְ הֶכְשֵׁר שֵׁנִי אַחַר הַמַּחֲשָׁבָה; וּשְׁאָר כָּל יַרְקוֹת הַשָּׂדֶה כְּגוֹן הַבְּצָלִים הַקָּשִׁים בְּיוֹתֵר וְהַפִּטְרִיּוֹת, וְכֵן חֲגָבִים וְדָגִים קְטַנִּים - צְרִיכִין מַחֲשָׁבָה בַּכְּפָרִים.
When endives19 were sown for animal fodder and then the owner changed his mind and thought of using them for human consumption, they are not subject to ritual impurity unless he had such intent after they were picked. For an intent that one had while produce is connected to the earth is not significant. When one collected endives for an animal, washed them, and then thought to serve them to a human being,20 they must be exposed to liquids again after the change of mind. Similar laws apply in all analogous situations.עֹלְשִׁין שֶׁזְּרָעָן לַבְּהֵמָה, וְנִמְלַךְ עֲלֵיהֶן לָאָדָם - אֵינָן מְקַבְּלִין טֻמְאָה עַד שֶׁיַּחֲשֹׁב עֲלֵיהֶן אַחַר שֶׁיִּתָּלְשׁוּ; שֶׁמַּחֲשֶׁבֶת חִבּוּר אֵינָהּ מַחֲשָׁבָה. עֹלְשִׁין שֶׁלִּקְּטָן לִבְהֶמְתּוֹ וֶהֱדִיחָן, וְנִמְלַךְ עֲלֵיהֶן לָאָדָם - צְרִיכִין הֶכְשֵׁר שֵׁנִי אַחַר הַמַּחֲשָׁבָה; וְכֵן כָּל כַּיּוֹצֵא בָזֶה.
If one thought of partaking of the allal,21 it can contract the impurity associated with foods. If not, it is considered as wood22 and it is not susceptible to ritual impurity. Similarly, bones that are joined to meat, the giddim,23 the soft portions of the horns and the hoofs, the thin feathers and the wooly hairs24 of a fowl, the soft portion of its nails and its beak that are embedded in its flesh require special intent and exposure to liquids.25הָאֲלַל - אִם חִשַּׁב עָלָיו לַאֲכִילָה, מְקַבֵּל טֻמְאַת אֹכָלִין; וְאִם לָאו, הֲרֵי הוּא כָּעֵץ וְאֵינוֹ מְקַבֵּל טֻמְאָה. וְכֵן הָעֲצָמוֹת הַמְּחֻבָּרִין בַּבָּשָׂר, וְהַגִּידִים, וְהַמְּקוֹמוֹת הָרַכִּים מִן הַקְּרָנַיִם וּמִן הַטְּלָפַיִם, וְהַכְּנָפַיִם וְהַנּוֹצָה, וְהַמְּקוֹמוֹת הָרַכִּים מִן הַצִּפָּרְנַיִם וּמִן הַחַרְטוֹם הַמֻּבְלָעִין בַּבָּשָׂר - צְרִיכִין הֶכְשֵׁר וּמַחֲשָׁבָה.
The following require neither special intent, nor exposure to liquids: the carcass of an animal from a kosher species, the carcass of a fowl from a kosher species, and the fat of a domesticated animal in large cities. None of these require either special intent, or exposure to liquids. The rationale is that since they are designated for human consumption, there is no need for special intent. They do not require exposure to liquids for ultimately, an olive-sized portion of them can impart impurity26 to a person or to a k’li and any substance that imparts impurity of a more severe type does not require exposure to liquids.27וְאֵלּוּ שֶׁאֵין צְרִיכִין לֹא מַחֲשָׁבָה וְלֹא הֶכְשֵׁר׃ נִבְלַת בְּהֵמָה טְהוֹרָה בְּכָל מָקוֹם, וְנִבְלַת הָעוֹף הַטָּהוֹר, וְחֵלֶב בְּהֵמָה טְמֵאָה בַּכְּרַכִּים - לְפִי שֶׁהֵן מְיֻחָדִין לְמַאֲכַל אָדָם, אֵין אֶחָד מֵאֵלּוּ צָרִיךְ מַחֲשָׁבָה; וְאֵינָן צְרִיכִין הֶכְשֵׁר, מִפְּנֵי שֶׁסּוֹפָן לְטַמֵּא אָדָם וְכֵלִים בִּכְזַיִת, וְכָל הַמְטַמֵּא טֻמְאָה חֲמוּרָה אֵינוֹ צָרִיךְ הֶכְשֵׁר.
The following require special intent, but not exposure to liquids: The carcass of a fowl from a kosher species in rural areas28 and the carcass of an animal from a non-kosher species in all places. The above applies when one has in mind to partake of less than an olive-sized portion.29 An olive-sized portion, by contrast, is a primary source of impurity.וְאֵלּוּ צְרִיכִין מַחֲשָׁבָה, וְאֵינָן צְרִיכִין הֶכְשֵׁר - נִבְלַת הָעוֹף הַטָּהוֹר בַּכְּפָרִים, וְנִבְלַת בְּהֵמָה טְמֵאָה בְּכָל מָקוֹם; וְהוּא שֶׁחִשַּׁב עַל פָּחוֹת מִכְּזַיִת, אֲבָל כְּזַיִת אַב טֻמְאָה הוּא.
4When a Jew slaughters a non-kosher animal for a gentile and slits the two—or the majority of the two signs of ritual slaughter,30 —it imparts the impurity associated with food31 as long as it is in its death-throes.32 It does not require a specific intent, for when a Jew slaughters an animal for a gentile to eat, there is no greater special intent.33 It does not require exposure to liquids, for ultimately, it will impart impurity of a more severe type. If he only slit one of the signs of ritual slaughter or stabbed it in the throat, it does not contract the impurity associated with foods.34 Similarly, if a gentile slaughtered a kosher animal for a Jew, slitting the two- or the majority of the two—signs of ritual slaughter, it imparts the impurity associated with food35 as long as it is in its death-throes and it does not need to be exposed to liquids.36 If he only slit one of the signs of ritual slaughter or stabbed it in the throat, it does not contract the impurity associated with foods and is considered like other animal carcasses.37דיִשְׂרָאֵל שֶׁשָּׁחַט בְּהֵמָה טְמֵאָה לַנָּכְרִי, וְשָׁחַט בָּהּ שְׁנַיִם [אוֹ רֹב שְׁנַיִם] - הֲרֵי זוֹ מִתְטַמְּאָה טֻמְאַת אֹכָלִין כָּל זְמַן שֶׁהִיא מְפַרְכֶּסֶת; וְאֵין צְרִיכָה מַחֲשָׁבָה - שֶׁהֲרֵי יִשְׂרָאֵל שְׁחָטָהּ לַאֲכִילַת הַגּוֹי, וְאֵין לְךָ מַחֲשָׁבָה גְּדוֹלָה מִזּוֹ; וְאֵינָהּ צְרִיכָה הֶכְשֵׁר, לְפִי שֶׁסּוֹפָהּ לְטַמֵּא טֻמְאָה חֲמוּרָה. שָׁחַט בָּהּ אֶחָד, אוֹ שֶׁנְּחָרָהּ - אֵינָהּ מִטַּמְּאָה טֻמְאַת אֹכָלִין. וְכֵן גּוֹי שֶׁשָּׁחַט בְּהֵמָה טְהוֹרָה לְיִשְׂרָאֵל, וְשָׁחַט בָּהּ שְׁנַיִם אוֹ רֹב שְׁנַיִם - מִתְטַמֵּא טֻמְאַת אֹכָלִין כָּל זְמַן שֶׁהִיא מְפַרְכֶּסֶת, וְאֵינָהּ צְרִיכָה הֶכְשֵׁר; שָׁחַט בָּהּ אֶחָד, אוֹ נְחָרָהּ - אֵינָהּ מִטַּמְּאָה טֻמְאַת אֹכָלִין, וַהֲרֵי הִיא כִּשְׁאָר הַנְּבֵלוֹת.
5When a person cuts meat from a limb severed from a living animal38 and, afterwards, considered using it as food, it requires exposure to liquids to become susceptible to impurity.39 If he thought of using it as food and then severed it, it does not require exposure to liquids, because it imparts the severe impurity associated with an animal carcass.40 And whenever a substance imparts severe impurity, it need not be exposed to liquids.ההַחוֹתֵךְ בָּשָׂר מֵאֵבֶר מִן הַחַי שֶׁל בְּהֵמָה, וְאַחַר כָּךְ חִשַּׁב עָלָיו - צָרִיךְ הֶכְשֵׁר. חִשַּׁב עָלָיו, וְאַחַר כָּךְ חֲתָכוֹ - אֵינוֹ צָרִיךְ הֶכְשֵׁר; מִפְּנֵי שֶׁמְּטַמֵּא טֻמְאָה חֲמוּרָה כַּנְּבֵלָה, וְכָל הַמְטַמֵּא טֻמְאָה חֲמוּרָה אֵינוֹ צָרִיךְ הֶכְשֵׁר.
6When a person has in mind to partake of less than an olive-sized portion of the carcass of a non-kosher animal41 and combined it with other foods to complete the egg-sized portion of impure foods required to impart impurity,42 the entire amount43 need not be exposed to water. The rationale is that were one to increase the portion that is less than an olive-sized portion in the eggsized portion until it was the size of an olive, it would impart severe impurity.ופָּחוֹת מִכְּזַיִת מִנִּבְלַת בְּהֵמָה טְמֵאָה שֶׁחִשַּׁב עָלָיו, וְהִשְׁלִים עָלָיו כַּבֵּיצָה מֵאֹכָלִים אֲחֵרִים - אֵין הַכֹּל צָרִיךְ הֶכְשֵׁר; הוֹאִיל וּפָחוֹת מִכְּזַיִת שֶׁבְּכָל הַבֵּיצָה, אִם הִשְׁלִימוֹ לִכְזַיִת, מְטַמֵּא טֻמְאָה חֲמוּרָה.
Similarly, when there is an olive-sized portion of meat from an animal that one had in mind to eat that was covered with dough until it reached the size of an egg, since it does not impart impurity when touched because of the dough,44 it is necessary that one have in mind to use it as food.45 The dough need not be exposed to liquids to contract impurity. The rationale is that the entire measure can impart impurity when carried, because of the olive-sized portion of the animal carcass it contains. Even though it does not impart impurity when touched, it is considered as if it is ultimately capable of imparting more severe impurity.46 Therefore it need not be exposed to liquids.47וְכֵן כְּזַיִת מִנִּבְלַת בְּהֵמָה טְמֵאָה שֶׁחִשַּׁב עָלָיו, וְהִנִּיחָהּ בְּבָצֵק עַד שֶׁהִשְׁלִים לְכַבֵּיצָה - הוֹאִיל וְאֵינוֹ מְטַמֵּא בַּמַּגָּע מִפְּנֵי הַבָּצֵק, הֲרֵי זֶה צָרִיךְ מַחֲשָׁבָה. וְאֵין הַבָּצֵק הַזֶּה צָרִיךְ הֶכְשֵׁר, הוֹאִיל וְכָל הַשִּׁעוּר הַזֶּה מְטַמֵּא בַּמַּשָּׂא מִפְּנֵי כְּזַיִת נְבֵלָה שֶׁבְּתוֹכוֹ; אַף עַל פִּי שֶׁאֵינוֹ מְטַמֵּא בַּמַּגָּע, הֲרֵי סוֹפוֹ לְטַמֵּא טֻמְאָה חֲמוּרָה - לְפִיכָךְ אֵין צָרִיךְ הֶכְשֵׁר.
7When there is less than an olive-sized portion of a human corpse to which other foods were added so that an egg-sized portion of food would be reached, one must have in mind partaking of the entire amount for it to become susceptible to impurity, since generally, the entire amount is considered of no importance by all people.48 The entire amount does not require to be exposed to water, because of the meat from the corpse that it contains.49זפָּחוֹת מִכְּזַיִת מִבְּשַׂר הַמֵּת, שֶׁהִשְׁלִים עָלָיו כַּבֵּיצָה מִשְּׁאָר אֹכָלִין - הַכֹּל צָרִיךְ מַחֲשָׁבָה, שֶׁהֲרֵי בָּטֵל הַכֹּל אֵצֶל כָּל אָדָם; וְאֵין הַכֹּל צָרִיךְ הֶכְשֵׁר, מִפְּנֵי בְּשַׂר הַמֵּת שֶׁבִּכְלָלוֹ.
8When an olive-sized portion of a human corpse is covered with dough, the entire amount imparts the severe impurity associated with a human corpse.50חכְּזַיִת מִן הַמֵּת שֶׁחִפָּהוּ בְּבָצֵק - הַכֹּל מְטַמֵּא טֻמְאָה חֲמוּרָה.
9When a person cuts flesh from a living human being to feed to an animal, if afterwards, he thinks of using it as food for humans, for it to impart the impurity associated with foods, he must have such an intent, but it need not be exposed to water.51טהַחוֹתֵךְ בָּשָׂר מֵאָדָם חַי לְהַאֲכִילוֹ לַכֶּלֶב - אִם חִשַּׁב עָלָיו לְמַאֲכַל אָדָם, הֲרֵי זֶה צָרִיךְ מַחֲשָׁבָה וְאֵינוֹ צָרִיךְ הֶכְשֵׁר.
10When a chick falls into a vat of wine and dies, even though the vat is located in a city,52 it becomes repulsive in the vat.53 Therefore to become susceptible to ritual impurity, one must have a specific intent to partake of it. If, when one lifted it out of the vat,54 he thought of feeding it to a gentile, it imparts impurity, for he thought of using it for human consumption.55 If he thought of feeding it to a dog, it does not contract the impurity associated with foods.56יגּוֹזָל שֶׁנָּפַל לַגַּת וָמֵת, אַף עַל פִּי שֶׁהַגַּת בַּמְּדִינָה - הֲרֵי נִמְאַס בַּגַּת, וּלְפִיכָךְ צָרִיךְ מַחֲשָׁבָה. חִשַּׁב עָלָיו כְּשֶׁהֶעֱלָהוּ לְהַאֲכִילוֹ לַנָּכְרִי - הֲרֵי זֶה מִטַּמֵּא, שֶׁהֲרֵי חִשַּׁב עָלָיו לְמַאֲכַל אָדָם; חִשַּׁב עָלָיו לְהַאֲכִילוֹ לַכֶּלֶב, אֵינוֹ מִתְטַמֵּא טֻמְאַת אֹכָלִין.
If the person who thought of feeding it to a person was a deafmute, a mentally or emotionally compromised person, or a minor, it is pure.57 If such individuals lifted it out of the vat to feed it to a person,58 it is impure,59 for their deeds are significant,60 but not their intent.הָיָה זֶה שֶׁחִשַּׁב עָלָיו לְהַאֲכִילוֹ לָאָדָם חֵרֵשׁ שׁוֹטֶה וְקָטָן, הֲרֵי זֶה טָהוֹר; הֶעֱלוּהוּ כְּדֵי לְהַאֲכִילוֹ לָאָדָם, הֲרֵי זֶה טָמֵא - שֶׁיֵּשׁ לָהֶן מַעֲשֶׂה, וְאֵין לָהֶן מַחֲשָׁבָה.
Footnotes
1.

See Chapter 1, Halachah 1.

2.

I.e., after coming into contact with liquids.

3.

The Rambam is speaking about a non-kosher animal that was slaughtered for a gentile which is in its death-throes. Although it does not impart impurity as a carcass until it actually dies, it becomes susceptible to impurity from the time that it was slaughtered. If it comes in contact with a source of impurity at that time, it contracts impurity and can impart it to foods or liquids.

4.

The Rambam proceeds to explain these general statements in this and the following halachot.

5.

According to Scriptural Law, it is permitted to eat certain species of locusts. See Leviticus 11:22, Hilchot Ma'achalot Assurot 21:23. In practice, it is common in most communities not to partake of any species of locusts, because we are unsure of the identity of the kosher species (Turei Zahav 85:1).

6.

As mentioned in Halachah 2, the designation of a substance as food depends on the prevailing attitude of the specific locale and varies from place to place. The inhabitants of rural areas have less sophisticated tastes and are willing to eat species that would not be eaten by the inhabitants of larger towns and cities.
The Kessef Mishneh notes that the Rambam’s ruling, although supported by the Tosefta, T’vul Yom 5:1, runs contrary to a ruling of the Mishnah Uktzin 3:9. He suggests that the Rambam had a different version of that mishnah. While that interpretation appears to be borne out by the conclusion of this halachah, even Rav Kapach’s version of the Rambam’s Commentary to the Mishnah does not provide support for such a thesis.

7.

When an animal from a kosher species dies without ritual slaughter, its meat together with its fat are sold to gentiles who consider it as food. Hence, it does not require special intent.

8.

Without ritual slaughter. The fat of a non-kosher animal is inherently impure like the meat of such an animal and the fat of a kosher animal that was slaughtered properly is pure. See the Rambam’s Commentary to the Mishnah (Uktzin 3:9).

9.

See the Rambam’s Commentary to the Mishnah (ibid.) which explains that for the fat to become impure, it need not come into contact with a source of impurity. Instead, it is inherently considered as impure food. (Nevertheless, as explained in Hilchot Sha’ar Avot HaTum’ah 1:5, this fat does not impart impurity like an animal carcass does.) As the Kessef Mishneh states in his gloss to ibid. 3:14, many authorities differ and maintain that it must come in contact with a source of impurity.

10.

For they are not normally considered as human food.

11.

The Rambam is speaking about meat that is not separated purposefully. If, however, one cuts the meat from the living being with the intent of using it as food, it contracts ritual impurity.

12.

Such meat does not require exposure to liquids, because ultimately, an olive-sized portion of it becomes a source of impurity.

13.

As stated in Hilchot Sha’ar Avot HaTum’ah, ch. 3 and mentioned below, the carcass of an unslaughtered kosher fowl is a source of impurity. This does not apply with regard to the carcass of a nonkosher fowl. If, however, a person had the intent of partaking of it, it is considered as food and, if exposed to liquids, can contract impurity.

14.

Since the animal was slaughtered properly, its fat will be separated from its meat and sold to gentiles. In larger towns, there will be a market for such meat. In smaller villages, buyers may not necessarily be found and it is not considered as food.

15.

The blood that flowed at the time of ritual slaughter, as stated in Chapter 2, Halachah 7.

16.

Since it was not considered food at the time, the fact that it was exposed to liquids is not significant. Hence it must be exposed a second time after it was considered as food.

17.

Our translation is based on the Rambam’s Commentary to the Mishnah (Uktzin 3:2) where he speaks of “the type of onions that is extremely sharp tasting.” Here the Rambam uses the term kashim which, while also meaning firm or hard, could be translated as above.

18.

Uktzin 3:9 states “unkosher fish and locusts.” (As stated above, the Kessef Mishneh maintains that the Rambam had a different version of that mishnah.)

19.

These vegetables are generally used as animal fodder, but are sometimes eaten by humans. Some commentaries offer a different translation.

20.

After they dried. If they were still moist at the time of the person’s change of mind, however, they are considered to have been exposed to liquids.

21.

In Hilchot Pesulei HaMukdashin 14:7, the Rambam defines this term as referring to: “the meat that slipped by the knife at the time the animal was skinned and remains cleaving to the hide.”

22.

I.e., an insignificant entity.

23.

In his Commentary to the Mishnah (Zevachim 3:4), the Rambam explains that this is a general term referring to blood vessels, nerves, and sinews.

24.

Our translation of these terms is taken from the Rambam’s Commentary to the Mishnah (Taharot 1:2). There he explains that after the large feathers are plucked from a fowl’s wings, there still remain small, thin feathers. And after the feathers are plucked from its crop, there remain wooly hairs.

25.

For these substances are not usually considered as food.

26.

See Hilchot Sha’ar Avot HaTum’ah, chs. 1 and 3.

27.

The rationale given by the Rambam applies with regard to the carcasses of fowl and animals from kosher species. Fat from kosher species does not require exposure to liquids, because it was exposed to the blood of the animal when it was slaughtered (Kessel Mishneh).

28.

Since there are fewer people living in these areas, the carcass is unlikely to be used as food.

29.

I.e., less than an olive-sized portion of these substances that is combined with other impure foods so that there is an egg-sized portion of impure food present (see Kessef Mishneh). Less than that amount will not impart ritual impurity.

30.

The windpipe and the gullet.

31.

Since ritual slaughter causes a kosher animal to be considered as food even before it actually dies, it also brings about such a change with regard to the status of a non-kosher animal. See Hilchot Sha’ar Avot HaTum’ah 2:1.

32.

After it dies, it imparts the impurity associated with an animal carcass.

33.

Obviously, it is being considered as food.

34.

For this is not acceptable slaughter. When the animal dies, it contracts the impurity associated with an animal carcass, but until then, it is pure.

35.

Since slaughtering the animal in this manner would cause it to be considered as fit to eat if performed by a Jew, the animal is still considered as food when the slaughter was performed by a gentile.

36.

For it was exposed to the blood of the slaughter.

37.

The Ra’avad questions why stabbing a kosher animal does not cause it to be considered as food while it is in its death throes. Seemingly, since a slaughtered animal is considered as food when it is in its death throes, the categorization should also apply with regard to an animal stabbed with the intent of killing it. He offers two resolutions: a) Since it is being stabbed to death for a Jew, it is not fit to be eaten and it is therefore not considered as food. (Implied is that if the gentile stabbed it to death to partake of it himself, it would impart the impurity associated with food.) b) Since stabbing an animal to death is not considered as slaughter, the time of the animal’s death is not determined. It could be considered as a person who fainted, but is still alive.
The Or Sameach maintains that the Ra’avad’s question is based on his position (see his gloss to Hilchot Sha’ar Avot HaTum’ah 2:10) that there is no difference whether a gentile slaughters an animal in the ritual manner or stabs it to death. The Rambam, however, maintains that ritual slaughter performed by a gentile has halachic significance. Hence, there is no’ room for the questions raised by the Ra’avad.

38.

As stated in Hilchot She’ar Avot HaTum’ah 2:3, an entire limb severed from a living animal conveys the same impurity as an animal carcass. If, however, one cuts off meat from this limb, it does not have that status.

39.

For it became a distinct entity before it was considered to be used as food.

40.

Since it was considered as food while it was still part of the limb — and impure — it retains its impurity when its status changes.
The Ra’avad differs with the rationale given by the Rambam, based on Chulin 128b-129a. The Kessef Mishneh justifies the Rambam’s position.

41.

The same law would also apply with regard to meat from a kosher animal, except, in that instance, it would not be necessary to have a special intent to use that meat as food. It would be taken for granted that it would be considered as food, even without that intent.

42.

For a smaller measure of impure foods do not impart impurity.

43.

Even that portion stemming from other foods.

44.

Since it is wrapped in dough, one will not touch the impure meat, only the dough surrounding it.

45.

As stated in Halachah 3, for the carcass of a non-kosher animal to be considered as food, it is necessary that one have a special intent concerning it.

46.

I.e., were it to be carried.

47.

As stated in the conclusion of Halachah 2.

48.

For all humans see partaking of human flesh as revolting. Nevertheless, if a person explicitly has such an intent, it can be considered as food. The Ra’avad (on the basis of Keritot 21 b) objects and maintains that even if one has such an intent, it is of no consequence and the flesh is never considered as food. The Kessel Mishneh explains that the Talmudic passage can also be interpreted in a manner that supports the Rambam’s position.

49.

Since it could ultimately be susceptible to more severe impurity, i.e., the impurity associated with a human corpse, it does not require exposure to water.

50.

Even if a person or a k’li touches only the dough around the flesh. The rationale is that since there is an olive-sized portion of a human corpse present, the impurity pierces through its covering.

51.

The Ra’avad objects to this ruling and maintains that it must be exposed to water, for flesh cut from a living human being does not impart impurity. This understanding is supported by Uktzin 3:2 (and perhaps alluded to in the Rambam’s Commentary to that mishnah). For this reason, there are some who maintain that the text is in error and should be changed. Note the apparent contradiction to Halachah 3 above.
Rav Yosef Corcus and the Kessef Mishneh explain that the flesh became exposed to liquids (i.e., blood) at the time it was cut off from the person. The Rambam is emphasizing that when the person changed his mind and thought to feed the flesh to a person rather than to an animal, the exposure to liquids that made it susceptible to impurity at that time is not affected by his change of mind (in contrast to the situations mentioned in Halachah 3 where the fact that a substance was not considered as food initially caused its exposure to liquids to be of no consequence).
[The Ra’avad raises another question: It would appear that the fact that the person cut the flesh off with the intent of serving it should cause it to be considered as food. The Kessef Mishneh explains that the mishnah in Uktzin does not represent a contradiction, because that mishnah refers to an instance where flesh was separated from a person’s body unintentionally.]

52.

Where there are many people and hence, the animal carcass would ordinarily be considered as food (see Halachah 3).

53.

And would not be considered as food.

54.

In his Commentary to the Mishnah (Taharot 8:6), the Rambam speaks of having such an intent while the chick is in the vat.

55.

Even though it would not normally be considered as fit for human consumption, since it was fit for animal consumption and a human thought of partaking of it, it can contract impurity (ibid.).

56.

For it was not designated for human consumption.

57.

Since they are not intellectually developed, their intent is not significant and it is not considered as if one thought of it as food for humans.

58.

I.e., their intent was obvious from their actions.

59.

I.e., susceptible to the impurity associated with foods.

60.

This is a general principle, applicable in several contexts. See Hilchot Berachot 6:13, et al. See also Hilchot Keilim 8:11.

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