ב"ה
Rambam - 1 Chapter a Day
Tum'at Okhalin - Chapter 5
Tum'at Okhalin - Chapter 5
1The term yad1 when used in connection with food refers to the thin stems that are close to fruit from which the fruit hangs from the tree, e.g. the stems of figs and pears and the edges of a grape cluster.2 In this category are also included seeds and other entities required by the foods and any shomrimI3 for foods, i.e., the shell over the foods that protects it. Similar laws apply to all analogous substances.איְדוֹת הָאֹכָלִין, הֵן הָעֵצִים הָרַכִּין הַסְּמוּכִין לָאֹכֶל שֶׁהָאֹכֶל נִתְלָה בָּהֶן מִן הָאִילָן, כְּמוֹ עֻקְצֵי הַתְּאֵנִים וְהָאַגָּסִים וּקְצַת הָאֶשְׁכּוֹל; וְכֵן הַגַּרְעִינִים, וְכַיּוֹצֵא בָהֶן מִדְּבָרִים שֶׁהָאֹכֶל צָרִיךְ לָהֶן. וְשׁוֹמְרֵי הָאֹכָלִין, הֵן הַקְּלִפָּה שֶׁעַל הָאֹכֶל שֶׁהִיא שׁוֹמַרְתּוֹ; וְכֵן כָּל כַּיּוֹצֵא בָזֶה.
2Any substance that is a yad, but not a shomer is susceptible to impurity, imparts impurity, but is not considered as part of the food.4 Any substance that is a shomer, even though it is not a yad is susceptible to impurity, imparts impurity, and is combined together with the food.5 Any entity that is not a shomer, nor a yad, is neither susceptible to impurity, nor does it impart impurity. Needless to say, it is not considered as part of the food.בכֹּל שֶׁהוּא יָד, וְאֵינוֹ שׁוֹמֵר - מִתְטַמֵּא וּמְטַמֵּא, וְלֹא מִצְטָרֵף; וְכֹל שֶׁהוּא שׁוֹמֵר, אַף עַל פִּי שֶׁאֵינוֹ יָד - מְטַמֵּא וּמִתְטַמֵּא וּמִצְטָרֵף; וְכֹל שֶׁאֵינוֹ לֹא שׁוֹמֵר וְלֹא יָד - אֵינוֹ מִתְטַמֵּא וְלֹא מְטַמֵּא, וְאֵין צָרִיךְ לוֹמַר שֶׁאֵינוֹ מִצְטָרֵף.
What is meant by saying “it is susceptible to impurity, imparts impurity, but is not considered as part of the food”? If impurity touched the yad, the food suspended from it becomes impure.6 If impurity touched the food, the yad becomes impure.7 The yad is not combined with the food to comprise an egg-sized portion8 or a half a pras.9כֵּיצַד מִתְטַּמֵּא וּמְטַמֵּא וְאֵינוֹ מִצְטָרֵף? שֶׁאִם נָגְעָה טֻמְאָה בַּיָּד, נִטְמָא הָאֹכֶל הַתָּלוּי בּוֹ; וְאִם נָגְעָה טֻמְאָה בָּאֹכֶל, נִטְמָא הַיָּד; וְאֵין הַיָּד מִצְטָרֶפֶת עִם הָאֹכֶל לְהַשְׁלִימוֹ לְכַבֵּיצָה אוֹ לְכַחֲצִי פְרָס.
If, however, an entity is a shomer it is considered as part of an egg-sized portion or a half a pras.אֲבָל אִם הָיָה שׁוֹמֵר, הֲרֵי זֶה מִצְטָרֵף לְכַבֵּיצָה וּלְכַחֲצִי פְרָס.
3Just as there is a concept of a yad with regard to contracting impurity, so too, there is a concept of a yad with regard to making foods susceptible to impurity through exposure to liquids.10 If the yad was exposed to a liquid, all of the food hanging from it is susceptible to impurity.גכְּשֵׁם שֶׁיָּד לַטֻּמְאָה, כָּךְ יֵשׁ יָד לַהֶכְשֵׁר - שֶׁאִם הֻכְשַׁר הַיָּד, הֻכְשַׁר כָּל הָאֹכֶל הַתָּלוּי בּוֹ.
The concept of a yad applies even though the fruit is smaller than an olive-sized portion11 and the concept of a shomer applies even though the fruit is smaller than a bean.12 When a shomer is divided, it no longer is combined with the food.13וְיֵשׁ יָד לְפָחוֹת מִכְּזַיִת, וְיֵשׁ שׁוֹמֵר לְפָחוֹת מִכַּפּוֹל. וְשׁוֹמֵר שֶׁחִלְּקוֹ, אֵינוֹ מִצְטָרֵף עִם הָאֹכֶל.
4What is the source that teaches that the shomerim of food contract impurity together with the food when they are connected to it? Leviticus 11:37 states: “On any type of kernels of seed that will be sown.” Implied is that the kernels are considered in the form which people use to sow, e.g., wheat in its coating,14 barley in its shell, lentils in their coverings. Similar laws apply to other shomerim.15דוּמִנַּיִן לְשׁוֹמְרֵי אֹכָלִין שֶׁהֵן מִתְטַמְּאִין עִם הָאֹכָלִין כְּשֶׁהֵן מְחֻבָּרִין בָּהֶן? שֶׁנֶּאֱמַר "עַל כָּל זֶרַע זֵרוּעַ אֲשֶׁר יִזָּרֵעַ" - כְּדֶרֶךְ שֶׁבְּנֵי אָדָם מוֹצִיאִין לִזְרִיעָה; חִטִּים בִּשְׂעוֹרֵיהֶן, וּשְׂעוֹרִים בִּקְלִפֵּיהֶן, וַעֲדָשִׁים בִּקְלִפֵּיהֶן. וְהוּא הַדִּין לִשְׁאָר הַשּׁוֹמְרִין.
5What is the source that teaches that the yadot of food are susceptible to impurity and impart impurity when they are connected to foods? It is written ibid.: 38: “They shall be impure for you,” included is anything necessary for you so that the food can be eaten.16הוּמִנַּיִן לִידוֹת הָאֹכָלִין שֶׁהֵן מִתְטַמְּאוֹת וּמְטַמְּאוֹת כְּשֶׁהֵן מְחֻבָּרִין עִם הָאֹכֶל? שֶׁנֶּאֱמַר "טָמֵא הוּא לָכֶם" - לְכָל שֶׁבְּצָרְכֵיכֶם.
6When a person harvests grapes for a winepress, there is no concept of yadot, for he has no need of the yad,17 because it absorbs the liquid.18והַבּוֹצֵר לַגַּת, אֵין לוֹ יָדוֹת; שֶׁהֲרֵי אֵין לוֹ צֹרֶךְ בַּיָּד, מִפְּנֵי שֶׁמּוֹצֵץ אֶת הַמַּשְׁקֶה.
7When one harvests produce to use as a covering19 for his sukkah,20 there is no concept of yadot, for he has no need of the yad.21זהַקּוֹצֵר לְסִכּוּךְ, אֵין לוֹ יָדוֹת; שֶׁהֲרֵי אֵינוֹ צָרִיךְ לַיָּד.
8Whenever the yadot of food were crushed in the granary, they are pure.22חכָּל יְדוֹת הָאֹכָלִין שֶׁבְּסָסָן בַּגֹּרֶן, טְהוֹרִין.
9When a sprig of a cluster is stripped of its grapes, it is pure.23 If one grape remained, it is considered as a yad24 for that grape and it is susceptible to impurity.25 Similarly, if a stalk from a date palm was stripped of its dates, it is pure. If one date remained, it is impure. Similarly, if a pod of legumes26 was emptied, it is pure. If one legume remained, it is susceptible to impurity.טפְּסִיגָה שֶׁל אֶשְׁכּוֹל שֶׁרִקְּנָהּ, טְהוֹרָה; וְאִם נִשְׁתַּיֵּר בָּהּ גַּרְגֵּר אֶחָד - הֲרֵי זוֹ יָד לְאוֹתוֹ גַּרְגֵּר, וּמְקַבֶּלֶת טֻמְאָה. וְכֵן שַׁרְבִיט תְּמָרָה שֶׁרִקְּנוֹ, טָהוֹר; שִׁיֵּר בּוֹ תְּמָרָה אַחַת, טָמֵא. וְכֵן שַׁרְבִיט קִטְנִיּוֹת שֶׁרִקְּנוֹ, טָהוֹר; שִׁיֵּר בּוֹ גַּרְגֵּר אֶחָד, מְקַבֵּל טֻמְאָה.
10There can never be a concept of a shomer for a shomer. Only the protective covering that is closest to the food is considered as part of it.27ילְעוֹלָם אֵין שׁוֹמֵר עַל גַּבֵּי שׁוֹמֵר, אֶלָּא שׁוֹמֵר אֶחָד בִּלְבָד הַסָּמוּךְ לָאֹכֶל הוּא הַנֶּחְשָׁב עִמּוֹ.
11There are three peels to an onion: the inner peel, whether it is whole or cut, it is combined with the food.28 When the middle peel is whole, it is combined.29 If it is cut, it is not combined. The outer peel is pure in both instances.30יאשָׁלֹשׁ קְלִפּוֹת בַּבָּצֵל׃ פְּנִימִית - בֵּין שְׁלֵמָה בֵּין קְדוּרָה, מִצְטָרֶפֶת; אֶמְצָעִית - שְׁלֵמָה מִצְטָרֶפֶת, קְדוּרָה אֵינָהּ מִצְטָרֶפֶת; הַחִיצוֹנָה - בֵּין כָּךְ וּבֵין כָּךְ, טְהוֹרָה.
12All shells become susceptible to impurity, impart impurity, and are combined together with the food because they are shomerim. When the pods of beans and vetch are discarded, they do not become susceptible to impurity.31 If they were saved to be served as food, they do become susceptible to impurity.32 If food remains inside them, they are susceptible to impurity regardless.33יבכָּל הַקְּלִפִּין מִתְטַמְּאוֹת וּמְטַמְּאוֹת וּמִצְטָרְפוֹת, מִפְּנֵי שֶׁהֵן שׁוֹמֵר. קְלִפֵּי פוֹלִין וְתֻרְמוֹסִין - זְרָקָן, אֵינָן מִתְטַמְּאוֹת; כְּנָסָן לְאֹכָלִין, מִתְטַמְּאִין. וְאִם נִשְׁאַר בָּהֶן אֹכֶל - בֵּין כָּךְ וּבֵין כָּךְ, מִתְטַמְּאִין.
Cucumber peels are susceptible to the impurity of foods, even though they are not connected to the cucumber at all.34 When barley kernels are dry, their shell is included with them.35 If the kernels are fresh, the shells are not included with them. The shells of wheat kernels are included with them in all instances.קְלִפַּת מְלָפְפוֹן, אַף עַל פִּי שֶׁאֵין בָּהֶן מִתּוֹךְ הַמְּלָפְפוֹן - מִתְטַמְּאוֹת טֻמְאַת אֹכָלִין. הַשְּׂעוֹרִים - בִּזְמַן שֶׁהֵן יְבֵשִׁין, קְלִפָּתָן מִצְטָרֶפֶת עִמָּהֶן; וּבִזְמַן שֶׁהֵן לַחִין, אֵין מִצְטָרְפִין. אֲבָל הַחִטָּה - בֵּין לַחָה בֵּין יְבֵשָׁה, קְלִפָּתָהּ מִצְטָרֶפֶת.
13All seeds become susceptible to impurity, impart impurity, but are not combined together with the food36 with the exception of a fresh date seed.37 The seed of a dried date, by contrast, is not combined with the food.38יגכָּל הַגַּרְעִינִין - מִתְטַמְּאוֹת וּמְטַמְּאוֹת וְלֹא מִצְטָרְפוֹת, חוּץ מִגַּרְעִינוֹת הָרֹטֶב; אֲבָל שֶׁל תְּמָרָה יְבֵשָׁה, אֵינָהּ מִצְטָרֶפֶת.
14The covering of a fresh date seed is not combined with the fruit.39 The covering of a dry date seed, by contrast, is combined with the fruit. Since it cleaves to the fruit, it is considered as part of the fruit.40ידהַחוֹתָל שֶׁעַל הַגַּרְעִינָה שֶׁל רֹטֶב, אֵינָהּ מִצְטָרֶפֶת; וְשֶׁעַל גַּרְעִינַת הַיְבֵשָׁה - מִצְטָרֶפֶת, מִפְּנֵי שֶׁהוּא דָּבוּק בָּאֹכֶל, נֶחְשָׁב כָּאֹכֶל.
15When a portion of a date seed projects outside the fruit,41 the portion that has food around it is combined with it. The portion that projects beyond it does not.42טוגַּרְעִינָה שֶׁל רֹטֶב שֶׁיָּצָאת מִקְצָתָהּ - כֹּל שֶׁכְּנֶגֶד הָאֹכֶל מִצְטָרֵף, וְהַיּוֹצֵא אֵינוֹ מִצְטָרֵף.
Similarly, when there is a bone with meat on it, any portion of the bone that has meat around it43 is combined with the meat. If it has meat on it only from one side, only the portion of bone under the meat is combined with it and only the upper portion of the bone until its cavity. If a bone does not have a cavity,44 we consider it as the thickness of a hyssop stem.45 Only that portion is combined with the meat; the remainder is not combined.46 The rationale is that the bones are considered like shomerim for the meat.47וְכֵן עֶצֶם שֶׁיֵּשׁ עָלָיו בָּשָׂר, כֹּל שֶׁכְּנֶגֶד הַבָּשָׂר מִצְטָרֵף. הָיָה עָלָיו הַבָּשָׂר מִצַּד אֶחָד, אֵינוֹ מִצְטָרֵף מִמֶּנּוּ אֶלָּא הָעֶצֶם שֶׁתַּחַת הַבָּשָׂר עַד חֲלַל הָעֶצֶם; וְאִם לֹא הָיָה לָעֶצֶם חָלָל, רוֹאִין אוֹתוֹ כְּאִלּוּ הוּא כְּעֹבִי הָאֵזוֹב. וּשְׁאָר הָעֶצֶם אֵין מִצְטָרֵף, שֶׁהָעֲצָמוֹת לַבָּשָׂר כְּשׁוֹמֵר הֵן חֲשׁוּבִין.
16A thigh bone that has meat- even a mere bean-size portion48 -upon it causes the entire bone to be included in the reckoning for impurity.טזקוּלִית שֶׁהָיָה עָלֶיהָ בָּשָׂר, אֲפִלּוּ כַּפּוֹל - גּוֹרֵר אֶת כֻּלָּהּ לַטֻּמְאָה.
17Olive and date seeds49 that were cooked to be eaten are not susceptible to impurity.50יזגַּרְעִינֵי זֵיתִים וּתְמָרָה - אַף עַל פִּי שֶׁשְּׁלָקָן לְאֹכָלִין, אֵין מִתְטַמְּאִין.
18Even though one collected carob seeds with the intent of eating them, they are not susceptible to impurity.51 If one cooked them with the intent of eating them, they are susceptible to impurity.52יחגַּרְעִינֵי חָרוּבִין - אַף עַל פִּי שֶׁכְּנָסָן לְאֹכָלִין, אֵין מִתְטַמְּאִין; שְׁלָקָן לְאֹכָלִין, מִתְטַמְּאִין.
19The following are susceptible to impurity, impart impurity, and are combined together with the food:53 the roots of garlic, onions, and leek,54 when they are fresh, their protuberance,55 whether fresh or dry, their stalk56 which is opposite the food, the roots of lettuce and Israeli radishes, and the main root of large radishes are combined with the food. The thin roots of large radishes, by contrast, are not combined. The roots of mint and rue and the roots of wild vegetables that were uprooted with the intent of replanting them,57 the center stalk of grain and the husks of its kernels, the stems of figs, dried figs, thin figs, and carobs are susceptible to impurity, impart impurity, and are combined together with the food.יטוְאֵלּוּ מִתְטַמְּאִין וּמְטַמְּאִין וּמִצְטָרְפִין: שָׁרְשֵׁי הַשּׁוּם וְהַבְּצָלִים וְהַקַּפְלוֹטוֹת בִּזְמַן שֶׁהֵן לַחִין, וְהַפִּטְמָה שֶׁלָּהֶן בֵּין לַחָה בֵּין יְבֵשָׁה, וְהָעַמּוּד שֶׁהוּא מְכֻוָּן כְּנֶגֶד הָאֹכֶל, וְשָׁרְשֵׁי הַחַזְּרִין וְהַנָּפוֹס; וְשֹׁרֶשׁ צְנוֹן גָּדוֹל מִצְטָרֵף, וְהַסִּיב שֶׁלּוֹ אֵינוֹ מִצְטָרֵף; וְשָׁרְשֵׁי הַמִּנְתָּא וְהַפֵּיגָם, וְשָׁרְשֵׁי יַרְקוֹת שָׂדֶה וְיַרְקוֹת גִּנָּה שֶׁעִקָּרָן (שֶׁעֲקָרָן) לִשְׁתָלִים, וְהַשּׁוּרָה שֶׁל שִׁבֹּלֶת וְהַלְּבוּשׁ שֶׁלָּהּ, וְעֻקְצֵי תְּאֵנִים וּגְרוֹגְרוֹת, וְהַכְּלָסִים וְהֶחָרוּבִין.
20The following are susceptible to impurity, impart impurity, but are not combined together with the food:58 the roots of garlic, onions, and leek, when they are dry, stalks growing from them that are not opposite their central portion, the mila’in of grain stalks, i.e., the dark hairs on top of a grain stalk that resemble the teeth of a saw, the stems of pears, small pears, quince, and crabapples, the handbreadth of the stem of squash that is closest to the vegetable itself,59 a handbreadth of the stem of an artichoke,60 and similarly, a handbreadth from either side of a parchil, i.e., the branch from which a twig of a grape vine grows. From the twig of a grape vine grow many clusters.61כוְאֵלּוּ מִתְטַמְּאִין וּמְטַמְּאִין וְלֹא מִצְטָרְפִין: שָׁרְשֵׁי הַשּׁוּם וְהַבְּצָלִים וְהַקַּפְלוֹטוֹת בִּזְמַן שֶׁהֵן יְבֵשִׁין, וְהָעַמּוּד שֶׁאֵינוֹ מְכֻוָּן כְּנֶגֶד הָאֹכֶל, וּמְלָעִין שֶׁל שִׁבֳּלִים - וְהֵן הַשְּׂעָרוֹת הַשְּׁחוֹרוֹת שֶׁבְּרֹאשׁ הַשִּׁבֹּלֶת שֶׁדּוֹמִין כְּמוֹ מַסָּר, וְעֻקְצֵי הָאַגָסִים וְהַקְּרוּסְטְמֵלִין וְהַפְּרִישִׁין וְהָעֻזְרָדִין, וְעֹקֶץ דְּלַעַת טֶפַח הַסָּמוּךְ לָאֹכֶל, וְעֹקֶץ קֻנְדָּס טֶפַח; וְכֵן יַד הַפַּרְכִּיל טֶפַח מִכַּאן וְטֶפַח מִכַּאן - וְהַפַּרְכִּיל הוּא הַשָּׂרִיג שֶׁהָאֶשְׁכּוֹלוֹת תְּלוּיִין בּוֹ.
This same ruling is applied to the stem of a cluster regardless of its size. The yad of the tail end of the shoot of the cluster from which the grapes were removed62 and that of a branch63 of a date palm is four handbreadths long.64 The term branch refers to the red branch that the stalks hang from; the dates hang from the stalks.וְיַד הָאֶשְׁכּוֹל כָּל שֶׁהוּא, וּזְנַב הָאֶשְׁכּוֹל שֶׁרִקְּנוֹ; וְיַד הַמַּכְבֵּד שֶׁל תְּמָרָה אַרְבָּעָה טְפָחִים - וְהַמַּכְבֵּד הוּא הָעֵץ הָאָדֹם שֶׁהַשַּׁרְבִיטִין תְּלוּיִין בּוֹ וְהַתְּמָרִין דְּבוּקוֹת בַּשַּׁרְבִיטִין.
Three handbreadths of the stem of the grain stalk65 are considered as a yad. Similarly, three handbreadths of the stem of all plants that are reaped66 are considered as a yad. If plants are not reaped,67 their stems and roots are considered as yadot regardless of their length.68 All of the aforementioned are susceptible to impurity, impart impurity, but are not combined together with the food, because they are yadot.וּקְנֵה הַשִּׁבֹּלֶת שְׁלֹשָׁה טְפָחִים; וְיַד כָּל הַנִּקְצָרִין שְׁלֹשָׁה טְפָחִים, וְשֶׁאֵין דַּרְכּוֹ לְהִקָּצֵר יְדֵיהֶן וְשָׁרְשֵׁיהֶן כָּל שֶׁהֵן - כָּל אֵלּוּ מִתְטַמְּאִין וּמְטַמְּאִין וְלֹא מִצְטָרְפִין, מִפְּנֵי שֶׁהֵן יְדוֹת אֹכָלִין.
21The following are not susceptible to impurity, do not impart impurity, and are not combined together with the food:69 other stems, the roots of cabbage heads, the roots of beets, the roots of turnips- this refers to the deep roots that remain when the cabbage and turnips are harvested from which the plants grow a second time—and all the roots that are cut off when they are uprooted together with the food. The button of a pomegranate70 is combined together with the fruit.71 The buds72 that grow from it are not combined.כאוְאֵלּוּ לֹא מִתְטַמְּאִין וְלֹא מְטַמְּאִין וְלֹא מִצְטָרְפִין: שְׁאָר כָּל הָעֻקְצִים, וְשָׁרְשֵׁי קִלְחֵי הַכְּרוּב, וְחִלְפֵי תְרָדִין וְחִלְפֵי הַלֶּפֶת - וְהֵן הָעִקָּרִין שֶׁנִּשְׁאֲרוּ בַּקַּרְקַע כְּשֶׁלִּקְּטוּ הַכְּרוּב וְהַלֶּפֶת וְחָזְרוּ וְהֶחֱלִיפוּ, וְכָל הַשָּׁרָשִׁין שֶׁדַּרְכָּן לְהִגָּזֵז שֶׁנֶּעֶקְרוּ עִם הָאֹכֶל. הַפִּטְמָה שֶׁל רִמּוֹן מִצְטָרֶפֶת, וְהַנֵּץ שֶׁלּוֹ אֵינוֹ מִצְטָרֵף.
22When part of a pomegranate or a watermelon decomposed,73 the remainder is not considered as joined to the part that decomposed.74 The remainder of the peel75 is not combined with the fruit,76 for its protection of the fruit is of no benefit.77 Similarly, if such fruit was intact on either side, but rotten in the center, the portions of fruit on the sides are not considered as joined to each other, nor is the peel combined with the food.כבהָרִמּוֹן וְהָאֲבַטִּיחַ שֶׁנִּמּוֹק מִקְצָתוֹ, אֵין הַנִּשְׁאָר חִבּוּר לְאוֹתוֹ שֶׁנִּמּוֹק; וְאֵין הַנִּשְׁאָר מִן הַקְּלִפָּה מִצְטָרֵף, שֶׁהֲרֵי אֵין שְׁמִירָתוֹ מוֹעֶלֶת כְּלוּם. וְכֵן אִם הָיָה שָׁלֵם מִכַּאן וּמִכַּאן, וְנִמּוֹק בָּאֶמְצַע - אֵין הַצְּדָדִין חִבּוּר זֶה לָזֶה, וְאֵין קְלִפָּתוֹ מִצְטָרֶפֶת.
Footnotes
1.
Lit., “hand” or “handle,” i.e., something through which food could be held or suspended from [the Rambam’s Commentary to the Mishnah (Uktzin 1:1)]. In this halachah, the Rambam defines the terms to which he will refer throughout the chapter.
2.
See Halachah 20.
3.
Lit., “protectors,” something that maintains the existence of a fruit [the Rambam’s Commentary to the Mishnah (op. cit.); see Halachah 4].
4.
I.e., they are not counted when measuring to see whether there is a minimum measure of food or not.
5.
Since it serves the food, it is considered as part of it.
6.
Even though impurity did not touch the food. Others (Rashi, Rabbenu Shimshon) interpret “imparts impurity” as meaning “imparts impurity to other foods,” i.e., if the stem touched other foods even through the fruit did not, those fruits become impure.
7.
Even though the impurity did not touch the yad.
8.
Which imparts impurity to other foods (Chapter 4, Halachah 1).
9.
Which imparts impurity to a person who partakes of it (ibid.).
10.
See Chapter 1, Halachot 1-2.
11.
This refers to the food itself contracting impurity, which- as stated in Chapter 4, Halachah 1—can occur regardless of the size of the food.
12.
A bean is considered as half the size of an olive.
13.
Since it is divided, it is no longer functional. Thus it does not serve the food and hence, is not combined with it.
14.
The commentaries question the exact intent of the Hebrew term used by the Rambam. All agree that it refers to a coating around the kernel.
15.
Included in this category are also shells of nuts and pods of legumes.
16.
This includes the stems.
17.
For he does not desire to hold the fruit at all.
18.
Some of the grape juice will be absorbed by the stems. Hence their presence is not desired by the owner.
19.
I.e., as s’chach. The produce itself is not acceptable for use as s’chach, but the stalks in which it grows are.
20.
I.e., the sukkah used on the Sukkot holiday.
21.
Since the person intends to use the stalks for the s’chach (for which the produce is unacceptable), he has diverted his attention from the produce. Hence the stalks are no longer considered as yadot. On the contrary, in this context, the stalks are of primary importance.
22.
For once they are crushed, they are no longer functional.
23.
Since it no longer contains any grapes, it is no longer considered as a yad. Instead, it is like other wood.
24.
In his Commentary to the Mishnah (Uktzin 1:5), the Rambam writes that the sprig is a shomer for the grape. Classifying it as a yad, as is done here, seems more appropriate.
25.
For it is considered as a yad for that grape.
26.
This refers to pods that are not fit to eat in and of themselves. Peapods and the like that are eaten are considered as foods and are susceptible to impurity because of themselves.
27.
There are several types of nuts that have two shells. In such an instances, the outer shell is not halachically significant. Only the inner shell is considered as a shomer.
28.
Because it is considered as food itself.
29.
As stated in Halachah 3, once a shomer is not whole, it is not combined.
30.
For it is considered as a shomer to a shomer. Significantly, these concepts are stated in Uktzin 2:4 in the name of Rabbi Yehudah. In his Commentary to the Mishnah, the Rambam writes that the halachah does not follow Rabbi Yehudah’s view. The Kessef Mishneh explains that the Rambam accepts his position because it is used as a basis of a Talmudic argument in Chulin 119b.
31.
For it is obvious that the person no longer considers them as food.
32.
For they are edible and are considered as foods in many places.
33.
Because they are considered as shomerim for the food.
34.
Because the peels are edible themselves.
35.
For they are sown as seed with their shell (Kessef Mishneh). Therefore the shell is considered as protection for the seed.
36.
I.e., they are considered as yadot, as stated in Halachah 1.
37.
For if the seed of a fresh date would be removed from it, the date would spoil. Hence the seed is considered as a shomer for the fruit [the Rambam’s Commentary to the Mishnah (Uktzin 2:2)].
The Ra’avad emphasizes that this applies even when the seed projects beyond the fruit. The Kessef Mishneh states that this concept is implied by the Rambam’s wording. See Halachah 15.
38.
For it can be removed without causing the fruit to spoil [the Rambam’s Commentary to the Mishnah (op. cit.)].
39.
Because it is separate from the seed. Since the seed is merely a shomer, this covering is like a shomer for a shomer [the Rambam's Commentary to the Mishnah (op. cit.)].
The Ra’avad offers a different understanding of that mishnah and, hence, differs with the Rambam’s ruling. The Kessef Mishneh justifies the Rambam’s position.
40.
The rationale the Rambam gives here differs slightly from that which he offers in his Commentary to the Mishnah. There he states that when the date is dry, the covering of the seed serves as the shomer for the fruit.
41.
Either because one squeezed it out or one ate a portion of the fruit.
42.
The Ra’avad differs and maintains that when a portion of the fruit is eaten, only the portion of the seed that is opposite the fruit is included. If, however, a portion of the seed was squeezed out of the fruit and the fruit is whole, the entire seed is combined.
43.
I.e., surrounding it on all sides. Thus a portion of the bone has had the meat totally removed and a portion has meat on all sides.
44.
Most bones are not solid from one side to the other.
45.
A hyssop stem is very thin. Only this portion of the bone is combined with the meat, because this portion is sufficient to keep the meat from spoiling [the Rambam’s Commentary to the Mishnah (op. cit.)].
46.
The Ra’avad differs with the Rambam, interpreting that mishnah based on the Tosefta (Uktzin 2:3) that serves as the basis for the Rambam’s ruling in the following halachah. He maintains that as long as there is some meat on the bone, the entire bone is included in the measure of impurity. The Kessef Mishneh justifies the Rambam’s interpretation, explaining that the Mishnah and the Tosefta are referring to different situations.
47.
Without the bone, the meat would spoil faster.
48.
See Halachah 3 which states that even if the food is less than a bean-sized portion, there can be a concept of a shomer.
49.
I.e., seeds that were removed from the fruit and cooked as independent entities.
50.
Because they never become soft enough to be considered as food.
The Or Sameiach notes an apparent contradiction to Hilchot Terumot 11:11 which appears to indicate that these seeds are considered as food. Nevertheless, the commentaries explain that the intent in Hilchot Terumot is not that the seeds themselves are considered as food, but that they often have part of the fruit attached to them.
51.
For, in their present form, they are not fit to be eaten.
52.
For then they soften and are fit to be eaten.
53.
For they are considered either as part of the food itself or as a shomer to the food.
54.
Our translation of this and other terms in this halachah is based on [the Rambam’s Commentary to the Mishnah (Uktzin 1:2)].
55.
The bulge on the head of the onion where the roots are connected to the plant itself.
56.
From which the seeds of the onion grow.
57.
Our translation is based on the version of Uktzin 1:2 found in Rav Kappach’s version of the Rambam’s text of the Mishnah and authentic manuscript copies of the Mishneh Torah.
58.
For they are considered as merely yadot to the food, as the Rambam states at the conclusion of the halachah.
59.
The stems of squash are very long. The entire length cannot be considered as a yad for the food, only the handbreadth near it.
60.
Our translation of this and other terms in this halachah is based on the Rambam’s Commentary to the Mishnah (Uktzin 1:6)].
61.
As the Rambam explains in his Commentary to the Mishnah (op. cit. 1:3), from the branches of a grape vine grow several twigs. On each twig, grow several clusters of grapes.
62.
Even though the grapes were removed from this portion of the cluster, this portion of the shoot is necessary to support the grapes that remain on the upper portion of the cluster (ibid.).
63.
The term the Rambam uses is mechabed also means “broom.” In his Commentary to the Mishnah (op. cit.), he explains that the branches of a date-palm which, like the base of a broom, contain many leaves that spread out.
64.
I.e., the branch may be longer, but only four handbreadths are considered as a yad.
65.
I.e., stalks of grain project from the ground consisting of a stem and an upper portion that contains the kernels of grain. Three handbreadths of this stem are considered as a yad.
66.
I.e., plants whose stem is gripped and then cut with a sickle.
67.
But, instead, are uprooted from the ground.
68.
Whether large or small.
69.
All of these portions of plants are not eaten, nor do they provide any benefit to the produce itself.
70.
The inner, yellow protuberance below the pomegranate's crown [see the Rambam's Commentary to the Mishnah (Uktzin 2:3)].
71.
It is considered as a shomer, because the fruit would spoil if it were removed.
72.
The thin, yellow growths that sprout from the top of pomegranate when it has fully ripened (ibid.).
73.
To the extent that it is no longer fit to be eaten (ibid.).
74.
The part that decomposed is considered as neither a yad, nor a shomer.
75.
I.e., even the portion of the peel over the part of the fruit that is intact.
76.
I.e., it is no longer considered a shomer.
77.
Since there is a rotten portion of fruit next to the portion that has not yet rotted.
78.
Either they are eaten themselves or they protect the food.
79.
I.e., leaves that have wilted.
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.
