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She'ar Avot haTum'ah - Chapter 8

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She'ar Avot haTum'ah - Chapter 8

1Whenever one touches a primary derivative of impurity1 with his hands, whether that primary derivative was an impure person, k’li, food, or liquid, his hands—until his joints2 —alone become impure.3אכָּל הַנּוֹגֵעַ בְּיָדָיו בְּרִאשׁוֹן לַטֻּמְאָה, בֵּין שֶׁהָיָה אוֹתוֹ רִאשׁוֹן אָדָם אוֹ כְּלִי אוֹ אֹכֶל אוֹ מַשְׁקִין טְמֵאִין - נִטְמְאוּ יָדָיו בִּלְבָד, עַד הַפֶּרֶק.
Similarly, if a person inserts his hands into the inner space of an earthenware container that contracted impurity from a primary source of impurity or he inserted his hands into a house that is deemed impure due to tzara’at, his hands become impure. The impurity of hands is a Rabbinic decree.4וְכֵן הַמַּכְנִיס יָדָיו לַאֲוִיר כְּלִי חֶרֶס שֶׁנִּטְמָא בְּאַב הַטֻּמְאָה, אוֹ שֶׁהִכְנִיס יָדָיו לְבַיִת מְנֻגָּע - נִטְמְאוּ יָדָיו. וְטֻמְאַת הַיָּדַיִם, מִדִּבְרֵי סוֹפְרִים.
2Hands that contracted impurity are always considered as a secondary derivative according to Rabbinic Law. For their impurity is a Rabbinic decree, and when it was decreed that they would be impure, it was decreed that their status would be that of a secondary derivative.בהַיָּדַיִם שְׁנִיּוֹת מִדִּבְרֵי סוֹפְרִים לְעוֹלָם; שֶׁאֵין טֻמְאָתָן אֶלָּא מִדִּבְרֵיהֶם, וּכְשֶׁגָּזְרוּ טֻמְאָה עֲלֵיהֶן - גָּזְרוּ שֶׁיִּהְיוּ כְּשֵׁנִי לַטֻּמְאָה.
Even when one inserts his hands into a house that is deemed impure due to tzara’at or touches with his hands a person who imparts impurity to his garments5 before that person has separated himself from the source of his impurity,6 the person’s hands are secondary derivatives.אֲפִלּוּ הִכְנִיס יָדָיו לַבַּיִת הַמְּנֻגָּע, אוֹ שֶׁנָּגַע בְּיָדָיו בָּאָדָם שֶׁמְּטַמֵּא בְגָדִים עַד שֶׁלֹּא פֵרֵשׁ מִמְּטַמְּאָיו - הֲרֵי יָדָיו שְׁנִיּוֹת.
3Piggul,7 notar,8 and remnants of flour from the meal offerings9 are considered as primary derivatives of impurity. Primary and secondary derivatives are counted if other entities come in contact with them. Therefore, an egg-sized portion10 of them imparts impurity to hands.גהַפִּגּוּל, וְהַנּוֹתָר, וְצָרִיד שֶׁל מְנָחוֹת - הֲרֵי הֵן כְּרִאשׁוֹן לַטֻּמְאָה, וּמוֹנִין בָּהֶן רִאשׁוֹן וְשֵׁנִי; לְפִיכָךְ מְטַמְּאִין אֶת הַיָּדַיִם בְּכַבֵּיצָה.
Piggul and notar may not be combined to reach an egg-sized measure11 even though they both share that same measure. The rationale is that the impurity of hands is a Rabbinic safeguard. Other impure foods, by contrast, are combined to reach that measure.12 For impure foods do not impart impurity unless there is an egg-sized portion present.13וְאֵין הַפִּגּוּל וְהַנּוֹתָר מִצְטָרְפִין, אַף עַל פִּי שֶׁשִּׁעוּרָן שָׁוֶה בְּכַבֵּיצָה, הוֹאִיל וְטֻמְאַת הַיָּדַיִם מִדִּבְרֵיהֶם; אֲבָל שְׁאָר הָאֹכָלִין מִצְטָרְפִין, שֶׁאֵין אֹכָלִין טְמֵאִין מְטַמְּאִין אֶת הַיָּדַיִם עַד שֶׁיִּהְיוּ כַּבֵּיצָה.
4Even though the thigh bone14 of a sacrificial animal that was either piggul or notar is intact, when a person touches it with his hands, his hands contract ritual impurity.15 For the bones of sacrificial animals that became either piggul or notar impart impurity to hands, because they serve as the base for a forbidden entity.16דקוּלִית הַפִּגּוּל אוֹ הַנּוֹתָר, אַף עַל פִּי שֶׁהִיא סְתוּמָה - הַנּוֹגֵעַ בָּהּ בְּיָדָיו, נִטְמְאוּ יָדָיו; שֶׁהָעֲצָמוֹת שֶׁל קָדָשִׁים שֶׁשִּׁמְּשׁוּ נוֹתָר אוֹ פִגּוּל מְטַמְּאִין אֶת הַיָּדַיִם, הוֹאִיל וְנַעֲשׂוּ בָּסִיס לְדָבָר הָאָסוּר.
5When sacrificial meat is taken outside its appropriate place,17 there is an unresolved question whether it imparts impurity to hands or not.18 Therefore, it does not impart impurity, for if there is a doubt with regard to the impurity of hands, they are considered pure, as will be explained.19הבְּשַׂר קֹדֶשׁ שֶׁיָּצָא חוּץ לִמְחִצָּתוֹ - הֲרֵי הוּא סָפֵק אִם מְטַמֵּא אֶת הַיָּדַיִם אוֹ לֹא; לְפִיכָךְ אֵינוֹ מְטַמֵּא - שֶׁסְּפֵק טֻמְאַת הַיָּדַיִם טָהוֹר, כְּמוֹ שֶׁיִּתְבָּאֵר.
If meat from a Paschal sacrifice was taken outside the home where it is being eaten,20 it is pure. We assume that the members of the company are vigilant.21וְאִם בְּשַׂר פֶּסַח שֶׁיָּצָא חוּץ לַבַּיִת הוּא - הֲרֵי הוּא טָהוֹר, בְּנֵי חֲבוּרָה זְרִיזִין הֵן.
6The concept of impurity of hands does not apply in the Temple.22 At the time that Sages established their decree regarding the impurity of hands, they did not apply it to the Temple. Instead, if a person touches impure foods or the like—whether he touched them in the Temple or outside the Temple23 —and then touched sacrificial foods in the Temple, he does not impart impurity to them.ואֵין טֻמְאַת יָדַיִם בַּמִּקְדָּשׁ - שֶׁבְּשָׁעָה שֶׁגָּזְרוּ טֻמְאָה עַל הַיָּדַיִם, לֹא גָזְרוּ בַּמִּקְדָּשׁ; אֶלָּא הַנּוֹגֵעַ בְּאֹכָלִין טְמֵאִים וְכַיּוֹצֵא בָהֶן, בֵּין שֶׁנָּגַע בַּמִּקְדָּשׁ בֵּין שֶׁנָּגַע חוּץ לַמִּקְדָּשׁ, וְנָגַע בַּקֳּדָשִׁים בַּמִּקְדָּשׁ - לֹא טִמְּאָן.
If he touches sacrificial foods outside the Temple, he imparts impurity to them. Similarly, he disqualifies terumah,24 as will be explained.25וְאִם נָגַע חוּץ לַמִּקְדָּשׁ - הֲרֵי זֶה מְטַמֵּא אֶת הַקֹּדֶשׁ וּפוֹסֵל אֶת הַתְּרוּמָה, כְּמוֹ שֶׁיִּתְבָּאֵר.
7When one of a person’s hands become impure and he touches the other one, the other remains pure. It is sufficient for him to wash the impure hand.26זמִי שֶׁנִּטְמֵאת יָדוֹ אַחַת, וְנָגְעָה בָּאַחֶרֶת - הָאַחֶרֶת טְהוֹרָה; וְנוֹטֵל אֶת הַטְּמֵאָה, וְדַיּוֹ.
When does the above apply? With regard to terumah. With regard to sacrificial foods, by contrast, if one of a person’s hands become impure and he touches the other one, he imparts impurity to the other. Both of them must be immersed in a mikveh before touching sacrificial foods.27 For terumah, by contrast, it is sufficient to wash one’s hands to purify them.בַּמֶּה דְּבָרִים אֲמוּרִים? לַתְּרוּמָה. אֲבָל לַקֹּדֶשׁ, אִם נִטְמֵאת יָדוֹ אַחַת, וְנָגַע בַּשְּׁנִיָּה - טִמְּאָהּ, וּשְׁתֵּיהֶן צְרִיכוֹת טְבִילָה לַקֹּדֶשׁ; אֲבָל לַתְּרוּמָה, בִּנְטִילַת יָדַיִם בִּלְבָד יִטְהֲרוּ יָדָיו.
8King Solomon and his court decreed that hands are always considered as secondary derivatives of impurity, even if one does not know with certainty that they contracted impurity, for “hands are busy.”28חשְׁלֹמֹה הַמֶּלֶךְ וּבֵית דִּינוֹ גָּזְרוּ עַל כָּל הַיָּדַיִם שֶׁיִּהְיוּ שְׁנִיּוֹת, וְאַף עַל פִּי שֶׁלֹּא יָדַע בְּוַדַּאי שֶׁנִּטְמְאוּ, מִפְּנֵי שֶׁהַיָּדַיִם עַסְקָנִיּוֹת.
Solomon decreed that hands were impure only with regard to sacrificial foods. Afterwards, the later Sages29 extended the decree also with regard to terumah.וְלֹא גָזַר שְׁלֹמֹה עַל הַיָּדַיִם טֻמְאָה, אֶלָּא לַקֹּדֶשׁ; וְאַחַר כָּךְ גָּזְרוּ חֲכָמִים שֶׁאַחֲרָיו אַף לַתְּרוּמָה.
Therefore it is necessary to wash one’s hands before partaking of terumah.30 If one touched terumah before he washed his hands, the terumah is disqualified. It is burnt because of this impurity.31וּלְפִיכָךְ צָרִיךְ נְטִילַת יָדַיִם לַתְּרוּמָה; וְאִם נָגַע בִּתְרוּמָה קֹדֶם שֶׁיִּטֹּל יָדָיו - פְּסוּלָה, וְנִשְׂרֶפֶת עַל טֻמְאָה זוֹ.
9A person may wrap his hands in a napkin and partake of terumah without washing his hands. We do not suspect that he will touch the terumah.32טלָט אָדָם יָדָיו בְּמַפָּה וְאוֹכֵל תְּרוּמָה בְּלֹא נְטִילַת יָדַיִם, וְאֵין חוֹשְׁשִׁין שֶׁמָּא יִגַּע.
He should not do this when partaking of ordinary food that is being eaten under the stringencies that apply to the purity of sacrificial food or terumah, lest he touch it, for he is not that careful with regard to it.33אֲבָל לֹא יַעֲשֶׂה כֵּן בַּחֻלִּין שֶׁנַּעֲשׂוּ עַל טָהֳרַת הַקֹּדֶשׁ, אוֹ עַל טָהֳרַת תְּרוּמָה, גְּזֵרָה שֶׁמָּא יִגַּע, לְפִי שֶׁאֵינוֹ מַקְפִּיד עֲלֵיהֶן.
10Since a person’s hands are considered second degree derivatives of impurity, if they touch liquids, they cause them to be considered as primary derivatives.34יהוֹאִיל וְהַיָּדַיִם שְׁנִיּוֹת, אִם נָגְעוּ בְּמַשְׁקֶה - עֲשָׂאוּם תְּחִלָּה.
If such liquids touch foods, they cause them to be considered as secondary derivatives.35 If such liquids touch other liquids, they cause them to be considered as primary derivatives, for liquids are always considered as primary derivatives, as we explained.וְאִם נָגְעוּ מַשְׁקִין אֵלּוּ בְּאֹכָלִין, עוֹשִׂין אוֹתָן שֵׁנִי. וְאִם נָגְעוּ בְּמַשְׁקִין אֲחֵרִים - עוֹשִׂין אוֹתָן תְּחִלָּה; שֶׁהַמַּשְׁקִין תְּחִלָּה לְעוֹלָם, כְּמוֹ שֶׁבֵּאַרְנוּ.
Such liquids that contracted impurity due to contact with hands do not impart impurity to keilim, for the fundamental impurity of the hands is of Rabbinic origin.36אֲבָל אֵין מַשְׁקִין אֵלּוּ שֶׁנִּטְמְאוּ מֵחֲמַת הַיָּדַיִם מְטַמְּאִין כֵּלִים, שֶׁעִקַּר טֻמְאַת הַיָּדַיִם מִדִּבְרֵיהֶם.
Similarly, our Sages decreed that any person who partook of impure foods—whether the foods were primary or secondary derivatives of impurity—or who drank impure liquids should be considered as a secondary derivative of impurity until he immerses in a mikveh.37וְכֵן גָּזְרוּ חֲכָמִים עַל כָּל אָדָם שֶׁיֹּאכַל אֹכָלִין טְמֵאִין, בֵּין שֶׁאָכַל אֹכֶל רִאשׁוֹן אוֹ אֹכֶל שֵׁנִי, וְעַל כָּל הַשּׁוֹתֶה מַשְׁקִין טְמֵאִין - שֶׁיִּהְיֶה שֵׁנִי לַטֻּמְאָה, עַד שֶׁיִּטְבֹּל.
If he touches foods, he causes them to be considered as a tertiary derivative.38וְאִם נָגַע בְּאֹכָלִין, עֲשָׂאָן שְׁלִישִׁי.
If he touches liquids, even ordinary liquids, he causes them to be considered as a primary derivative and they impart impurity to other foods and liquids. They do not impart impurity to keilim, because the impurity contracted by this person is fundamentally a Rabbinic decree.39וְאִם נָגַע בְּמַשְׁקִין, אֲפִלּוּ מַשְׁקֵה חֻלִּין - עֲשָׂאָן תְּחִלָּה, לְטַמֵּא אֹכָלִין וּמַשְׁקִין אֲחֵרִים, אֲבָל לֹא לְטַמֵּא כֵלִים, הוֹאִיל וְעִקַּר טֻמְאַת אָדָם זֶה מִדִּבְרֵיהֶם.
Why was it decreed that a person who partakes of impure foods contracts impurity? For perhaps he will partake of food that is a primary or secondary derivative of impurity and, at the same time, drink a liquid that is terumah. The liquid that is terumah will contract impurity from the food in his mouth.וּמִפְּנֵי מָה גָּזְרוּ טֻמְאָה עַל הָאוֹכֵל אֹכָלִין טְמֵאִין? שֶׁמָּא יֹאכַל אֹכֶל רִאשׁוֹן אוֹ שֵׁנִי וְיִשְׁתֶּה עָלָיו מַשְׁקֵה תְרוּמָה, וְנִמְצָא הַמַּשְׁקֵה תְרוּמָה טָמֵא בָּאֹכֶל שֶׁבְּפִיו.
Similarly, if a person is drinking impure liquids, there was concern that he might eat food that is terumah with them and impart impurity to it because of the liquids in his mouth.וְכֵן הַשּׁוֹתֶה מַשְׁקִין טְמֵאִים, שֶׁמָּא יֹאכַל עִמָּהֶן אֹכֶל תְּרוּמָה, וְנִמְצָא טָמֵא בַּמַּשְׁקִין שֶׁבְּפִיו.
We have already explained in Hilchat Terumah40 that it is forbidden to partake of impure terumah.וּכְבָר בֵּאַרְנוּ בִּתְרוּמוֹת, שֶׁאָסוּר לֶאֱכֹל תְּרוּמָה טְמֵאָה.
11A person who contracts impurity because he partook of impure foods does not contract impurity unless he partakes of a quarter of a loaf of bread41 which is the size of an egg42 and a half when judged generously.יאאֵינוֹ מִתְטַמֵּא עַד שֶׁיֹּאכַל מַאֲכָלִים טְמֵאִים כַּחֲצִי פְרָס, שֶׁהוּא כַּבֵּיצָה וּמֶחֱצָה שׁוֹחֶקֶת.
Similarly, one who contracts impurity from drinking does not contract impurity unless he drinks a revi’it43 of impure liquids.וְכֵן הַשּׁוֹתֶה אֵינוֹ מִתְטַמֵּא עַד שֶׁיִּשְׁתֶּה מִמַּשְׁקִין טְמֵאִין רְבִיעִית.
All types of foods44 can be combined to comprise the sum of a quarter of a loaf that disqualifies the body of a person who partakes of them.45 And all liquids can be combined to comprise the sum of a revi’it. If one eats or drinks less than these measures, he is pure.וְכָל הָאֹכָלִין מִצְטָרְפִין לְכַחֲצִי פְרָס, לִפְסוֹל אֶת הַגְּוִיָּה; וְכָל הַמַּשְׁקִין מִצְטָרְפִין לִרְבִיעִית. וְאִם אָכַל אוֹ שָׁתָה פָּחוֹת מִשִּׁעוּר זֶה, טָהוֹר.
The following rule applies if one ate a small amount, then waited, and then ate some more. If he ate the required measure within the time it usually takes to eat half a loaf,46 the quantities are combined.47 If not, they are not combined.אָכַל מְעַט וְשָׁהָה וְאָכַל מְעַט: אִם יֵשׁ מִתְּחִלָּה וְעַד סוֹף כְּדֵי אֲכִילַת פְּרָס, מִצְטָרְפִין; וְאִם לָאו, אֵין מִצְטָרְפִין.
Similarly, if he drank a small amount, then waited, and then drank some more, if he drank the required measure within the time it usually takes to eat half a loaf, the quantities are combined.48 If not, they are not combined.וְכֵן אִם שָׁתָה מְעַט וְשָׁהָה וְשָׁתָה מְעַט: אִם יֵשׁ מִתְּחִלָּה וְעַד סוֹף כְּדֵי אֲכִילַת פְּרָס, מִצְטָרְפִין; וְאִם לָאו, אֵין מִצְטָרְפִין.
The following rule applies it one ate less than the minimum measure, immersed in a mikveh, ascended, and immediately ate more. If he did not wait between eating and there is less time than it usually takes to eat half a loaf between the eating that preceded the immersion and the eating that followed it, they can be combined.49אָכַל פָּחוֹת מִכַּשִּׁעוּר, וְטָבַל וְעָלָה, וְאָכַל מְעַט מִיָּד - אִם לֹא שָׁהָה בֵּינֵיהֶן, וַהֲרֵי בֵּין אֲכִילָה שֶׁלִּפְנֵי טְבִילָה וְשֶׁלְּאַחַר טְבִילָה בִּכְדֵי אֲכִילַת פְּרָס, הֲרֵי אֵלּוּ מִצְטָרְפִין.
12When a woman who is a primary derivative of impurity nurses her son, her son is pure.50 The Sages did not decree that he would be impure. Even if one would say that the infant nursed a revi’it of milk, it is possible that from the beginning to the end, doing so took more time than it usually takes to eat half a loaf, for he does not nurse all at once.יבאִשָּׁה שֶׁהִיא רִאשׁוֹן לַטֻּמְאָה, וּמְנִיקָה אֶת בְּנָהּ - הֲרֵי הַבֵּן טָהוֹר, וְלֹא גָזְרוּ עָלָיו טֻמְאָה; שֶׁאֲפִלּוּ תֹּאמַר שֶׁיָּנַק רְבִיעִית - אֶפְשָׁר שֶׁיֵּשׁ מִתְּחִלָּה וְעַד סוֹף יָתֵר מִכְּדֵי אֲכִילַת פְּרָס, שֶׁהֲרֵי אֵינוֹ יוֹנֵק בְּבַת אַחַת.
13Because of the danger,51 our Sages granted a pregnant woman license to partake of less than the minimum measure, even though ultimately, she will partake of a larger amount.52 She does not need to immerse herself. Instead, she is pure.יגהַמְּעֻבֶּרֶת - הִתִּירוּ לָהּ לֶאֱכוֹל אֹכָלִין טְמֵאִין פָּחוֹת מִכַּשִּׁעוּר, וְאַף עַל פִּי שֶׁהִיא אוֹכֶלֶת הַרְבֵּה, מִפְּנֵי הַסַּכָּנָה. וְאֵינָהּ צְרִיכָה טְבִילָה, אֶלָּא הֲרֵי הִיא טְהוֹרָה.

Quiz Yourself on She'ar Avot haTum'ah Chapter 8

Footnotes
1.

If, however, a person touches a secondary derivative of impurity, his hands do not contract impurity.

2.

There is a difference of opinion among the Rabbis regarding which joint is intended. Some maintain the intent is the place where the fingers are joined to the hand. Others maintain that the intent is the wrist, the place where the hand is joined to the arm. See the notes to Hilchot Mikveot 11:4.

3.

Generally, a primary derivative of impurity does ‘not impart impurity to humans.

4.

This stringency is one of the eighteen decrees instituted on the renowned day when the students of the School of Shammai outnumbered the students of the School of Hillel (Shabbat 13b).

5.

I.e., any primary source of impurity—whether of Scriptural or Rabbinic origin—that imparts impurity through touch, as stated in Chapter 6, Halachah 12.

6.

In both of these instances, one might think that the hands would be considered as primary derivatives of impurity.

7.

A sacrifice deemed unacceptable because of a disqualifying intent regarding the time when it was to be offered or its meat eaten. Pesachim 85a explains that the Sages suspected that there might be priests who would desire to disqualify the sacrifices they were offering by having such an intent in mind, because of a personal feud with the person bringing the sacrifice. Hence, the Sages decreed that such an offering would make the priest's hands impure. Because of the extra difficulty this impurity would cause the priests, they would refrain from offering the sacrifices with such an intent.

8.

Sacrificial meat left over beyond the time when it was supposed to be eaten. The Sages suspected that the priests might be lazy and not partake of all the sacrificial meat. Hence they decreed that any leftover meat would be considered impure so that, rather than be inconvenienced by the impurity, the priests would not leave over any meat (ibid.).

9.

Usually, the flour of the meal offering becomes fit to contract impurity, because it is touched by the oil that is mixed with it. Nevertheless, here, the Rambam is speaking about grains of flour that become stuck together and hence were not touched by the oil. Even so, since they were part of a sacrifice, the cherished nature of the sacrificial offerings makes them fit to contract impurity. See Chapter 12, Halachah 13. See also Halachah 14 of that chapter which appears to contradict this ruling.
As the Ra’avad and Rav Yosef Corcus note, there is a difference between these portions of flour and piggul and no tar. Piggul and no tar are impure even when they do not come in contact with a source of impurity. These portions of flour, by contrast, must contract impurity through contact with a source of impurity.

10.

Pesachim 120b discusses this issue, mentioning that there were Sages who maintained that since partaking of an olive-sized portion of these foods makes one liable for lashes, that amount of these sacrifices would impart impurity. Since this impurity is a Rabbinic issue, the Rambam, however, follows the opinion of the Sages who require the larger, egg-sized measure (Kessef Mishneh).

11.

I.e., if there is half an egg-sized measure of piggul and half of notar, we do not say that there is an egg-sized measure of impure food.

12.

I.e., if an egg-sized measure comprised of two types of food contracts impurity, it can impart that impurity to other entities.

13.

See Hilchot Tum’at Ochalin 4:1.

14.

I.e., the bare bone, even if there is no meat on it.

15.

Note the contrast with the law that applies to the thigh bone of an animal carcass or the thigh bone of the carcass of a crawling animal which does not impart impurity unless the bone has been opened (see Chapter 2, Halachah 11; Chapter 4, Halachah 9).

16.

I.e., the marrow of the bone which is fit to contract impurity. See also Hilchot Tum’at Meit 2:5 which states that similar laws apply to the thigh bone of a corpse. There, however, the impurity stems from being under the same structure as the corpse. Here, there is a further stringency, because the impurity stems from touch.

17.

I.e., sacrifices of the most sacred order may be eaten only inside the Temple Courtyard and sacrifices of lesser sanctity may be eaten only within the city of Jerusalem. Whenever sacrificial meat is taken beyond these boundaries, it is disqualified. See Hilchot Ma'aseh HaKorbanot 11:6.

18.

The Sages (Pesachim 85a) debated whether it was desirable to impose this stringency on the priests or not and left the matter unresolved.

19.

See Chapter 14, Halachah 1.

20.

The meat of a given Paschal sacrifice may only be eaten in one house. It may not be taken from house to house. See Hilchot Korban Pesach 9:1-2.

21.

As stated in Hilchot Korban Pesach 2:1, the Paschal sacrifice is not eaten alone, but together with a group of family and friends. As such, we assume that the group will be vigilant and prevent the meat from being taken outside the home in which it was being eaten. Accordingly, the Sages saw no reason to decree that such meat should be considered as impure.
In his gloss to the Mishneh Torah, Rabbi Akiva Eiger emphasizes that these laws apply with regard to a Paschal sacrifice that is taken outside the house where it is being eaten. If, however, the Paschal sacrifice is taken out of Jerusalem, like other sacrifices, there is reason to say that it does impart impurity to the hands of one who touches it.

22.

Many Rabbinic safeguards were not applied in the Temple, as stated in Hilchot Shabbat 21:27, Hilchot Korban Pesach 1:16, et al.

23.

And later entered the Temple.

24.

Causing it to be considered impure.

25.

Chapter 11, Halchot 3-4, 7.

26.

By pouring a revi’it of water over it from a utensil; see Hilchot Mikveot, ch. 11.

27.

If he does not touch the other hand, it is sufficient to immerse the one that contracted impurity (Kessef Mishneh).

28.

The phrase is quoted from Shabbat 14a-b. The Rambam’s Commentary to the Mishnah (Taharot 7:8) interprets that phrase as meaning that a person is careless with his hands and touches many entities with them. The Sages were concerned that perhaps one would touch an impure entity.

29.

Hillel and Shammai (Shabbat, loc. cit.).

30.

As the Ra’avad mentions, this is the source of our practice of washing before partaking of bread. As related in Chulin 106a, Rabbi Elazar ben Azariah extended the decree even to unconsecrated foods. His decree was also intended to remind the priests to keep their hands ritually pure while partaking of terumah. It was, however, instituted not only for priests, but for the nation as a whole (even though non-priests may not partake of terumah), so that it would be a universally accepted practice.
Even after the destruction of the Temple, when it is no longer possible to practice ritual purity, this mitzvah was continued in the hope that the Temple will soon be rebuilt, and the priests will resume their previous obligation (Shulchan Aruch HaRav 158:1; Mishnah Berurah 158:1).

31.

It is forbidden to burn terumah and consecrated foods that are pure according to Scriptural Law. For that reason, generally, terumah is not burnt after it comes in contact with impurity of Rabbinic origin. Nevertheless, in this instance, our Sages ordained that the terumah should be burnt (Shabbat 17b).

32.

Because of the severity involved in doing so.

33.

As explained in the notes to Chapter 11, Halachah 9, there were certain pious individuals who maintained ritual purity in all situations and would partake of all foods, even ordinary foods, only when they conformed to the stringencies of ritual purity associated with sacrificial foods. Others were slightly less stringent and relaxed the standards somewhat, keeping only the stringencies associated with terumah which are slightly more lenient than those associated with sacrificial foods.
Since these observances represented merely a personal stringency and were not required by law, our Sages were concerned that a person might be somewhat lax and loosen his vigilance to a certain degree.
It must be noted that the leniency mentioned here is accepted by the Rambam with regard to partaking of bread in the present age (Hilchot Berachot 6:18). There are other authorities who do not accept this leniency. In his Kessef Mishneh to those halachot, R. Yosef Caro offers a rationalization for the Rambam’s ruling, explaining that our food is impure regardless. Hence there is no rationale for extra stringency. Nevertheless, in his Shulchan Aruch (Orach Chayim 163:1), he accepts the Rambam’s leniency only when water is not easily available.

34.

Chapter 7, Halachah 5.

35.

From the Rambam’s statements in his Commentary to the Mishnah (Introduction to Seder Taharot and Zavim 5:12), it appears that this applies only to foods that are terumah.

36.

I.e., although our Sages’ decree was instituted lest a person may have touched a source of impurity, it is ultimately no more than a Rabbinic safeguard.
The Ra’avad differs with the Rambam (see also Chapter 7, Halachah 2, and notes) and maintains that such liquids do impart impurity to keilim. The Kessel Mishneh explains the basis for the Rambam’s ruling.

37.

Since the impurity stems from a Rabbinic decree, after immersion, the person regains purity immediately. There is no necessity to wait until nightfall (Chapter 9, Halachah 1).

38.

This is speaking about terumah, for there is no concept of a tertiary derivative of impurity with regard to ordinary foods.

39.

Even though the impurity of foods is of Scriptural origin, they do not impart impurity to the person according to Scriptural Law.

40.

Hilchot Terumah 7:3.

41.

The Rambam uses the expression k’chatzi p’ras, “half of a p’ras.” A p’ras is half a loaf of bread, so that half a p’ras is a quarter of a loaf of bread. A loaf of bread is equivalent to the volume of six eggs so this measure is equivalent to the volume of an egg and a half.

42.

Approximately 57 grams according to Shiurei Torah, 100 grams according to Chazon Ish.

43.

86 cc according to Shiurei Torah, 150 cc according to Chazon Ish.

44.

Even if they are of different types entirely, as stated in Hilchot Tum’at Ochalin 4:3.

45.

Causing that person to be considered as a secondary derivative of impurity.

46.

This measure, k’dei achilat p’ras, is the measure of time associated with mitzvot and prohibitions associated with eating, as stated in Hilchot Ma’achalot Assurot 14:8, et al. Shiurei Torah mentions several different opinions from between four minutes until nine minutes for this measure.

47.

See parallels in Hilchot Sh’vitot Asor 2:4; Hilchot Ma’achalot Assurot, op. cit.; Hilchot Terumot 10:3.

48.

The Radbaz (Responsum 1554) notes that in Hilchot Sh’vitat Asor, op. cit., the Rambam mentions the measure of “the time to drink a revi’it,” a much smaller amount of time. He explains that since only a Rabbinic decree is involved here, our Sages ruled stringently, so that the matter would not be treated lightly.

49.

The immersion is not significant. An immersion cleanses a person of impurity when he was deemed impure. In this instance, however, the immersion has no effect, because the person was never deemed impure.

50.

A person who is a primary derivative of impurity does not impart impurity to other people through touch. Nor does the woman impart impurity to her son because she nursed him, due to the reasons the Rambam proceeds to explain.

51.

A pregnant woman who desires foods may endanger her fetus if she does not satisfy her hunger. Perhaps even her own life would be endangered. Therefore certain leniencies are granted in such situations (see Hilchot Ma'achalot Assurot 14:14; Hilchot Sh'vitat Asor 2:9). Similarly, in this instance, they were concerned that if the woman knew that she would be deemed impure, she would refrain from partaking of the food and endanger herself.

52.

Apparently, the intent is that she is permitted to partake of many portions, each one being less than the minimum measure. Although ultimately she will have eaten more than the minimum measure, our Sages relaxed their decree because of the danger involved.

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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