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Rambam - 1 Chapter a Day

Tum'at Okhalin - Chapter 14

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Tum'at Okhalin - Chapter 14

1When water from a drainpipe descends into produce and the owner mixed the produce so that it would dry,1 the produce does not become susceptible to impurity.2אפֵּרוֹת שֶׁיָּרַד הַדֶּלֶף לְתוֹכָן, וְעֵרְבָן כְּדֵי שֶׁיִּתְנַגְּבוּ - לֹא הֻכְשְׁרוּ.
2When a person brings his produce to the roof so that it does not become worm-infested3 and dew descends upon it, it does not become susceptible to impurity.4 If he intended that the dew descend upon it, it becomes susceptible to impurity.בהַמַּעֲלֶה פֵּרוֹתָיו לַגַּג מִפְּנֵי הַכְּנִימָה, וְיָרַד עֲלֵיהֶן הַטַּל - לֹא הֻכְשַׁר; וְאִם נִתְכַּוֵּן שֶׁיֵּרֵד עֲלֵיהֶן הַטַּל, הֻכְשְׁרוּ.
Therefore, if a deafmute, an intellectually or emotionally compromised individual, or a minor5 brought the produce up to the roof, even if they had the intent that dew descend upon it, it does not become susceptible to impurity. The rationale is that their deeds are significant according to Scriptural Law,6 but their intent is not significant, even according to Rabbinic Law.לְפִיכָךְ אִם הֶעֱלוּם חֵרֵשׁ שׁוֹטֶה וְקָטָן, אַף עַל פִּי שֶׁחִשְּׁבוּ שֶׁיֵּרֵד הַטַּל עֲלֵיהֶן - לֹא הֻכְשְׁרוּ; שֶׁיֵּשׁ מַעֲשֶׂה לָהֶן דִּין תּוֹרָה, וְאֵין לָהֶן מַחֲשָׁבָה אֲפִלּוּ מִדִּבְרֵי סוֹפְרִים.
If minors7 turned the produce over on the roof, it becomes susceptible to impurity.8 For if the intent of a minor is obvious from his actions, his intent has an effect according to Rabbinic Law.9הִפְּכוּ בָהֶן קְטַנִּים עַל הַגַּג, הֲרֵי אֵלּוּ מֻכְשָׁרִין; שֶׁאִם הָיְתָה מַחֲשָׁבָה שֶׁל קָטָן נִכֶּרֶת מִתּוֹךְ מַעֲשָׂיו, מַחֲשַׁבְתּוֹ מוֹעֶלֶת מִדִּבְרֵיהֶן.
3When a person brings bundles of vegetables, dried figs, or garlic to a roof so that they will be preserved10 and dew descended upon them, they do not become susceptible to ritual impurity. We do not say that since everyone knows that dew will descend, it is as if he willfully exposed them to water. The rationale is that he brought them up to the roof solely so that they should be preserved.גהַמַּעֲלֶה אֶת הָאֲגֻדּוֹת וְאֶת הַקְּצִיעוֹת וְאֶת הַשּׁוּם לַגַּג בִּשְׁבִיל שֶׁיַּמְתִּינוּ, וְיָרַד עֲלֵיהֶן הַטַּל - לֹא הֻכְשְׁרוּ; וְאֵין אוֹמְרִין׃ הוֹאִיל וְהַכֹּל יוֹדְעִין שֶׁהַטַּל יוֹרֵד, הֲרֵי זֶה בִּרְצוֹנוֹ - שֶׁהֲרֵי לֹא הֶעֱלָם אֶלָּא כְּדֵי שֶׁיַּמְתִּינוּ.
4When a person brings wheat to be ground into flour and rain falls upon it, if he was happy,11 it becomes susceptible to impurity.12דהַמּוֹלִיךְ חִטִּין לִטְחוֹן, וְיָרְדוּ עֲלֵיהֶן גְּשָׁמִים - אִם שָׂמַח, הֻכְשְׁרוּ.
When his olives had been placed on the roof and rain descended, if he was happy,13 they were made susceptible to impurity.הָיוּ זֵיתָיו נְתוּנִין בַּגַּג, וְיָרְדוּ עֲלֵיהֶן גְּשָׁמִים - אִם שָׂמַח, הֻכְשְׁרוּ.
When donkey-drivers were crossing a river and their sacks fell into the water, and they lifted them up, if they were happy that the produce became wet, the produce was made susceptible to impurity. The water that is on the sacks is considered as having been uprooted willfully,14 for they were happy that the sacks became wet.הַחַמָּרִים שֶׁהָיוּ עוֹבְרִים בַּנָּהָר, וְנָפְלוּ שַׂקֵּיהֶן בַּמַּיִם וְהֶעֱלוּם - אִם שָׂמְחוּ, הֻכְשְׁרוּ הַפֵּרוֹת; וְהַמַּיִם שֶׁעַל הַשַּׂקִּין - הִנָּם תְּלוּשִׁין בְּרָצוֹן, שֶׁהֲרֵי שָׂמְחוּ.
5When a sack that was filled with seeds and was placed on the edge of a river, at the opening to a cistern, or on the steps leading to a storage cavern of water, if they absorbed water,15 they become susceptible to impurity.16השַׂק שֶׁהוּא מָלֵא זֵרְעוֹנִים, וְנָתָוּן עַל גַּבֵּי הַנָּהָר אוֹ עַל פִּי הַבּוֹר אוֹ עַל מַעֲלוֹת הַמְּעָרָה, וְשָׁאֲבוּ - הֻכְשְׁרוּ.
6When an earthenware jug containing produce17 was placed in liquids or a jug containing liquids was placed among produce and the produce absorbed the liquids, it becomes susceptible to impurity.18 With regard to which liquids was the above said: With regard to water, wine, and vinegar. Other liquids19 are not absorbed through the walls of earthenware containers causing produce to be made susceptible to ritual impurity.וחָבִית שֶׁהִיא מְלֵאָה פֵּרוֹת שֶׁנְּתָנָהּ בְּתוֹךְ הַמַּשְׁקִין, אוֹ מְלֵאָה מַשְׁקִין שֶׁנְּתָנָהּ בְּתוֹךְ הַפֵּרוֹת, וְשָׁאֲבוּ - הֻכְשְׁרוּ. בְּאֵלּוּ מַשְׁקִין אָמְרוּ - בַּמַּיִם וּבַיַּיִן וּבַחֹמֶץ; אֲבָל שְׁאָר הַמַּשְׁקִין, אֵין מְשָׁאֲבִין מִן הַחֶרֶס כְּדֵי שֶׁיַּכְשִׁירוּ הַפֵּרוֹת שֶׁבְּצִדָּן.
7The following rules apply when a person removes a hot loaf of bread20 from an oven and places it on the opening of a jug of wine: If the loaf was from wheat flour, it does not become susceptible to impurity.21 If it was from barley flour, it does become susceptible to impurity, because barley is absorbent.זהָרוֹדֶה פַּת חַמָּה, וּנְתָנָהּ עַל פִּי חָבִית שֶׁל יַיִן: אִם הָיְתָה פַּת חִטִּין, לֹא הֻכְשְׁרָה; וְאִם הָיְתָה שֶׁל שְׂעוֹרִים - הֻכְשְׁרָה, מִפְּנֵי שֶׁהַשְּׂעוֹרִים שׁוֹאֲבוֹת.
Similarly, if the wine was impure, if the loaf was from wheat, it is pure. If it was from barley,
it becomes impure,22 because it absorbed impure liquids.
וְכֵן אִם הָיָה הַיַּיִן טָמֵא, וְהָיָה פַּת חִטִּים - טְהוֹרָה; וְאִם הָיְתָה שְׂעוֹרִים - נִטְמְאָה, מִפְּנֵי שֶׁשָּׁאֲבָה מַשְׁקִין טְמֵאִין.
8When a person sprinkles water on the floor of his house23 and then placed wheat upon it and it became moist, if it became moist because of the water, it becomes susceptible to impurity. If it became moist because of the stone,24 it does not become susceptible to impurity.חהַמְרַבֵּץ אֶת בֵּיתוֹ, וְנָתַן בּוֹ חִטִּים וְטָנְנוּ: אִם מֵחֲמַת הַמַּיִם, הֻכְשְׁרוּ; וְאִם מֵחֲמַת הַסֶּלַע, לֹא הֻכְשְׁרוּ.
When a person washes his garment in a kneading trough and afterwards he placed wheat in it and it became moist, if it became moist because of the water, it becomes susceptible to impurity. If it became moist because of the kneading trough,25 it does not become susceptible to impurity.הַמְכַבֵּס אֶת כְּסוּתוֹ בַּעֲרֵבָה, וְנָתַן בָּהּ חִטִּים וְטָנְנוּ: אִם מֵחֲמַת הַמַּיִם, הֻכְשְׁרוּ; וְאִם מֵחֲמַת הָעֲרֵבָה, לֹא הֻכְשְׁרוּ.
9When a person buries his produce in sand so that it will become moist, it becomes subject to impurity.26 When he buries it in dry mud, if the mud is moist enough that a hand that touches it will become wet, the produce becomes subject to impurity. If not, it does not.טהַטּוֹמֵן פֵּרוֹת בַּחוֹל כְּדֵי שֶׁיַּרְטִיבוּ, הֻכְשְׁרוּ. הַטּוֹמֵן בַּטִּיט הַנָּגוּב: אִם יֵשׁ בּוֹ מַשְׁקֶה טוֹפֵחַ, הֻכְשְׁרוּ; וְאִם לָאו, לֹא הֻכְשְׁרוּ.
10When a person sprinkles water on his grainheap, he need not worry that his wheat became susceptible to impurity if the kernels came in contact with water27 even though he is satisfied that this happened.28יהַמְרַבֵּץ אֶת גָּרְנוֹ, אֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יֻכְשְׁרוּ חִטָּיו אִם טָנְנוּ בּוֹ, וְאַף עַל פִּי שֶׁהוּא שָׂמֵחַ.
11When a person gathers grasses upon which dew had descended to use for covering wheat, the wheat does not become susceptible to impurity. If this was his intent, it does become susceptible.יאהַמְלַקֵּט עֲשָׂבִים כְּשֶׁהַטַּל יוֹרֵד עֲלֵיהֶן לְחַפּוֹת בָּהֶן הַחִטִּין, לֹא הֻכְשְׁרוּ; וְאִם נִתְכַּוֵּן לְכָךְ, הֻכְשְׁרוּ.
12When a person sprinkles impure water on the floor of his house and then placed stalks of grain there and they become moist, they become impure29 if there is enough moisture upon them that the hand of one who touches them also becomes moist. If not, they are pure.30יבהַמְרַבֵּץ אֶת בֵּיתוֹ בְּמַיִם טְמֵאִים, וְנָתַן בּוֹ שִׁבֳּלִים וְטָנְנוּ: אִם יֵשׁ עֲלֵיהֶן מַשְׁקֶה טוֹפֵחַ, הֲרֵי אֵלּוּ טְמֵאִין; וְאִם לָאו, טְהוֹרִין.
13When a person shakes a bunch of vegetables that had liquid on them and the liquid descended from the upper ones to the lower ones, they do not become susceptible to impurity.31יגהַנּוֹעֵר אֲגֻדָּה שֶׁל יָרָק שֶׁהָיוּ עָלֶיהָ מַשְׁקִין, וְיָרְדוּ מִצַּד הָעֶלְיוֹן לְצַד הַתַּחְתּוֹן - לֹא הֻכְשַׁר.
14When a person lifts sacks full of produce from the river32 and places them one on top of the other, the lower one becomes susceptible to impurity because of the water descending from the upper one, for he willfully placed one on top of the other.33ידהַמַּעֲלֶה שַׂקִּין מְלֵאִין פֵּרוֹת מִן הַנָּהָר, וּנְתָנָן זֶה עַל גַּבֵּי זֶה - הֻכְשַׁר הַתַּחְתּוֹן בַּמַּיִם שֶׁיָּרְדוּ לוֹ מִן הָעֶלְיוֹן, שֶׁהֲרֵי בִּרְצוֹנוֹ הִנִּיחַ זֶה עַל גַּבֵּי זֶה.
15When a person blows on lentils to see if they are good for the purpose of cooking,34 if water collects on them, they become susceptible to impurity because of the moisture in his breath35 which is a derivative of water.36 Similarly, when a person eats sesame seeds with his finger,37 they become susceptible to impurity because of the moisture in his breath and on his finger.טוהַנּוֹפֵחַ בָּעֲדָשִׁים לְבָדְקָן אִם הֵן יָפוֹת, וְהֵזִיעוּ - הֻכְשְׁרוּ בְּהֶבֶל פִּיו, מִפְּנֵי שֶׁהוּא מִתּוֹלְדוֹת הַמַּיִם. וְכֵן הָאוֹכֵל שֻׁמְשְׁמִין בְּאֶצְבַּע, הֻכְשְׁרוּ בְּמַשְׁקֵה פִיו וְשֶׁעַל אֶצְבָּעוֹ.
16When a person bites food and then it falls from his hand, the liquid on the food is not considered as having been placed there willfully.38טזנָשַׁךְ בָּאֹכֶל, וְנָפַל הָאֹכֶל - הֲרֵי הַמַּשְׁקֶה שֶׁעַל הָאֹכֶל שֶׁלֹּא לְרָצוֹן.
If a person was eating olives that had been broken open,39 moist dates, or any other produce whose pit he desired to suck, but it fell from his mouth, the liquid on it is considered as having been placed there willfully.40 If he was eating dry olives, dried dates, any other produce whose pit he does not desire to suck, and it fell from his mouth, the liquid on it is not considered as having been placed there willfully.41הָיָה אוֹכֵל זֵיתִים פְּצוּעִים וּתְמָרִים רְטֻבּוֹת, וְכֹל שֶׁהוּא רוֹצֶה לָמֹץ אֶת גַּרְעִינָתוֹ, וְנָפַל מִפִּיו - הֲרֵי הַמַּשְׁקֶה שֶׁעָלָיו בְּרָצוֹן; הָיָה אוֹכֵל זֵיתִים נְגוּבִין וּתְמָרִים יְבֵשׁוֹת, וְכֹל שֶׁאֵינוֹ רוֹצֶה לָמֹץ אֶת גַּרְעִינָתוֹ, וְנָפַל מִפִּיו - הֲרֵי הַמַּשְׁקֶה שֶׁעָלָיו שֶׁלֹּא בְרָצוֹן.
17We have already explained42 that when a person gathered endives43 for an animal44 and washed them,45 but changed his mind afterwards and thought to use them for human consumption, they need to be exposed to water a second time to make them susceptible to impurity. If, however, there was tangible moisture on them when he thought to use them for human consumption, they are susceptible to impurity.46יזעֹלְשִׁין שֶׁלִּקְּטָן לַבְּהֵמָה, וֶהֱדִיחָן, וְחִשַּׁב עֲלֵיהֶן לָאָדָם - כְּבָר בֵּאַרְנוּ שֶׁהֵן צְרִיכִין הֶכְשֵׁר שֵׁנִי; וְאִם הָיָה עֲלֵיהֶן מַשְׁקֶה טוֹפֵחַ כְּשֶׁחִשַּׁב עֲלֵיהֶן לָאָדָם, הֲרֵי אֵלּוּ מֻכְשָׁרִין.
Footnotes
1.

I.e., by having the water scatter among all the fruits, it would dry faster [the Rambam's Commentary to the Mishnah (Machshirin 5:3)].

2.

Because the owner did not want the produce to become wet.

3.

Our translation is based on the Rambam’s Commentary to the Mishnah (Machshirin 6:1)].

4.

For his intent was not that it become moist. Even though the dew will descend upon them at night, it is not considered as if. by bringing the produce to the roof, he intentionally had the produce exposed to moisture, as stated in the following halachah.

5.

All of these three are not held responsible for their actions.

6.

Thus if they poured water on the produce, it would become susceptible to impurity (ibid.).

7.

The commentaries emphasize that the Rambam mentions only a minor in this clause. Implied is that even when the intent of a deafmute or an intellectually or emotionally compromised person is discernible, his actions are not significant.

8.

For the reason the produce is being turned over is so that the other side also be exposed to the dew.

9.

This is a general principle in Torah Law (Chulin 13a, et al).

10.

Our translation is based on the Rambam’s Commentary to the Mishnah (Machshirin 6:2). Nevertheless, in Chapter 11, Halachah 13, this term is interpreted differently.

11.

As the Rambam writes in his Commentary to the Mishnah (ibid. 3:5), when wheat is soaked in water, the flour it produces is whiter.

12.

For, as explained in the notes to Chapter 13, Halachah 2, it is not necessary for a person to pour water over produce for it to become susceptible to impurity. It is sufficient that he be happy that the produce was exposed to liquids.

13.

For this will wash the olives and prepare them for pressing.

14.

And will impart impurity to other produce with which it comes into contact.

15.

As seeds and particularly grain placed near water is wont to do [the Rambam’s Commentary to the Mishnah (Machshirin 3:1)].

16.

Since the owner is happy that the seeds will absorb the liquids and appear fuller, it is considered as if this was an intentional action (Kessef Mishneh).

17.

I.e., grains as stated in the previous halachah.

18.

For an earthenware container is porous and the liquid can be absorbed through its walls.

19.

The other four of the seven liquids mentioned in Chapter 1, Halachah 2, are heavier and do not pass through the walls of utensils [the Rambam’s Commentary to the Mishnah (op. cit.:2)].

20.

Ordinarily, a loaf of bread becomes susceptible to impurity, because the dough is made with water. This is referring to an instance were the dough was made with fruit juice [Commentary to the Mishnah (Machshirin 3:1)].

21.

The Kessef Mishneh emphasizes that this is referring to an instance where the loaf was not seen until afterwards. If drops of liquid were visible on it at the time it was placed on the jug, the loaf becomes susceptible to impurity.

22.

The absorption of the wine makes it susceptible to impurity and imparts impurity to it simultaneously.

23.

To prevent dust from rising.

24.

I.e., the moisture from the floor of the house itself.

25.

In his Commentary to the Mishnah (op. cit.:4), the Rambam states that this refers to an earthenware kneading trough that has liquid absorbed in its walls. The Ra’avad offers a different interpretation of that source.

26.

There is always a certain amount of moisture in sand. Since the person’s intent was that the produce become moist, it becomes susceptible to impurity.

27.

If, however, he intended that they come in contact with water, they do become susceptible to impurity.

28.

Even though the owner would be happy initially, nevertheless, ultimately, the presence of water in a grainheap is undesirable. Hence, the kernels are not considered susceptible to impurity.

29.

For their susceptibility to impurity and their contraction of impurity occur simultaneously.

30.

And not susceptible to impurity.

31.

For his intent was to shake the water off the vegetables entirely.
This ruling follows the thinking of the School of Hillel, who differentiate between a bunch of vegetables and one vegetable (see Chapter 13, Halachah 14). With regard to one vegetable, the fact that water moved from one portion to another is considered a willful action, but with regard to several vegetables, the fact that water moved from one to the other is not considered as willful.

32.

I.e., sacks of produce that fell into the water against the will of their owner (Rav Ovadiah of Bartenura to Machshirin 1:4).

33.

Since he knew that the water from the upper sacks would drip onto the lower ones, it is considered as if he intentionally poured the water over the lower sacks.
Rav Kappach maintains that this ruling parallels the version of the manuscripts of the Rambam’s Commentary to the Mishnah (Machshirin 1:4). This, however, runs contrary to the version in the standard printed text. See the gloss of the Tosafot Yom Tov to Machshirin, loc. cit., which attempts to reconcile the version in the standard text with the ruling here.

34.

In bis Commentary to the Mishnah (op. cit. 1:6), the Rambam explains that before lentils or other legumes are cooked, it is common practice to blow on them. If they collect moisture, it is known that they are porous and will cook quickly.

35.

For they were willfully exposed to that moisture.

36.

See Chapter 10, Halachah 2.

37.

As Rav Ovadiah of Bartenura explains, when a person eats sesame seeds, he generally places them in the palm of one hand, licks a finger of the second hand, places the moist finger in the seeds and eats them. Thus he will have intentionally exposed the sesame seeds to moisture.

38.

Since the person will not appreciate having the bread wet, it is not considered as if it willfully became wet.

39.

Whose moisture already began to flow.

40.

For the pit cannot be sucked without becoming moist.

41.

Since he did not desire that the pit come into contact with liquids at all.

42.

Chapter 3, Halachah 3.

43.

Our translation is based on the Rambam’s Commentary to the Mishnah (Kilayim 1:2).

44.

For they were generally considered as animal fodder.

45.

I.e., willfully exposing them to water.

46.

Because of the water on them at that time.

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.