ב"ה
Rambam - 1 Chapter a Day
Tum'at Okhalin - Chapter 16
Tum'at Okhalin - Chapter 16
1All bundles of vegetables in the marketplaces and all the flour and fine flour in the marketplaces can be assumed to have been made susceptible to ritual impurity:1 the bundles of vegetables, because it is common practice to continually sprinkle water upon them and flour and fine flour, because the kernels of grain are washed2 and afterwards, they are ground.אכָּל הָאֲגֻדּוֹת שֶׁבַּשְּׁוָקִים, וְכָל הַקְּמָחִים וְכָל הַסְּלָתוֹת שֶׁבַּשְּׁוָקִים - בְּחֶזְקַת מֻכְשָׁרִין; הָאֲגֻדּוֹת - מִפְּנֵי שֶׁדַּרְכָּן לְזַלֵּף הַמַּיִם עֲלֵיהֶן תָּמִיד, וְהַקֶּמַח וְהַסֹּלֶת - לוֹתְתִין אוֹתוֹ וְאַחַר כָּךְ טוֹחֲנִין אוֹתוֹ.
Similarly, when kernels of wheat are crushed in a mill into two or three pieces in order to be cooked as groats or the like, it can be assumed that they were made susceptible to ritual impurity in all places, whether they are from the marketplaces or from private homes, because they are washed to remove their shells.וְכֵן חִטִּין שֶׁחוֹלְקִין אוֹתָן בָּרֵחַיִם אַחַת לִשְׁתַּיִם וְאַחַת לְשָׁלֹשׁ כְּדֵי לַעֲשׂוֹת מֵהֶן מַעֲשֵׂה קְדֵרָה, כְּגוֹן הָרִיפוֹת וְכַיּוֹצֵא בָהֶן - הֲרֵי הֵן בְּחֶזְקַת מֻכְשָׁרִין בְּכָל מָקוֹם, בֵּין שֶׁל שְׁוָקִין בֵּין שֶׁל בָּתִּים; מִפְּנֵי שֶׁלּוֹתְתִין אוֹתָן לְהָסִיר קְלִפָּתָן.
2All the foods mentioned above that are assumed to have become susceptible to ritual impurity are also assumed to have contracted impurity, because everyone3 touches them and they have already become susceptible to impurity. In all such situations, the word of an unlearned person is accepted if he says: “They were not made susceptible to impurity.” Needless to say, with regard to other foods about which such assumptions are not made,4 the word of an unlearned person is accepted if he says: “They were not made susceptible to impurity.”5בכָּל אֵלּוּ שֶׁהֵן בְּחֶזְקַת מֻכְשָׁרִין - הֲרֵי הֵן בְּחֶזְקַת טֻמְאָה, מִפְּנֵי שֶׁהַכֹּל מְמַשְׁמְשִׁין בָּהֶן וְהֵן מֻכְשָׁרִין. וְעַל כֻּלָּן נֶאֱמָן עַם הָאָרֶץ לוֹמַר "לֹא הֻכְשְׁרוּ"; וְאֵין צָרִיךְ לוֹמַר שְׁאָר אֹכָלִין שֶׁאֵין לָהֶן חֲזָקָה, שֶׁעַם הָאָרֶץ נֶאֱמָן לוֹמַר "לֹא הֻכְשְׁרוּ".
3It is assumed that all fish have been made susceptible to ritual impurity.6 In this instance, if an unlearned person says that they were not made susceptible to impurity, his word is not accepted.7 For this reason, fish are always assumed to be impure.8גכָּל הַדָּגִים בְּחֶזְקַת מֻכְשָׁרִין, וְאֵין עַם הָאָרֶץ נֶאֱמָן עֲלֵיהֶן לוֹמַר "לֹא הֻכְשְׁרוּ"; לְפִיכָךְ לְעוֹלָם הַדָּגִים בְּחֶזְקַת טֻמְאָה.
Whether fish are caught in a large net, a small net, or a snare, if it was not turned over upon them, they do not become susceptible to impurity.9 If it is turned over upon them, they do become susceptible to impurity.10 The word of an unlearned person is not accepted if he says: “I did not turn the snare over upon them.” It is assumed that they are impure unless one had the intent to catch them in a state of purity.11הַדָּגִים - בֵּין שֶׁצָּדָן בְּחֵרֶם, בֵּין בְּכָפִיף, בֵּין בִּמְצוּדָה, אִם לֹא נִעֵר אֶת הַמְּצוּדָה עֲלֵיהֶן, לֹא הֻכְשְׁרוּ; וְאִם נִעֵר, הֻכְשְׁרוּ. וְאֵין עַם הָאָרֶץ נֶאֱמָן לוֹמַר "לֹא נִעֵרְתִּי אֶת הַמְּצוּדָה עֲלֵיהֶן", וַהֲרֵי הֵן בְּחֶזְקַת טֻמְאָה, עַד שֶׁיִּתְכַּוֵּן לְצוּדָן בְּטָהֳרָה.
4It is assumed that all fish brine has been made susceptible to ritual impurity.12 When even the slightest amount of water falls into pure fish brine, the entire mixture is considered as a liquid.13 It makes substances susceptible to ritual impurity and it itself can contract the impurity that affects liquids. Therefore it is assumed to be impure.14 If wine, honey, or milk15 fall into fish brine, the ruling is determined by the majority of the mixture.16דכָּל הַצִּיר בְּחֶזְקַת מֻכְשָׁר. וְצִיר טָהוֹר שֶׁנָּפַל לְתוֹכוֹ מַיִם כָּל שֶׁהֵם - הֲרֵי הַכֹּל מַשְׁקֶה, וּמַכְשִׁיר וּמִתְטַמֵּא טֻמְאַת מַשְׁקִין; לְפִיכָךְ חֶזְקָתוֹ טָמֵא. נָפַל לְתוֹכוֹ יַיִן דְּבַשׁ וְחָלָב, הוֹלְכִין אַחַר הָרֹב.
Similarly, if fruit juices become mixed with liquids that are susceptible to impurity aside from water, the ruling is determined by the majority of the mixture. If the fruit juice becomes mixed with even the slightest amount of water, the entire mixture is considered as a liquid that imparts impurity17 and it is susceptible to contracting impurity as liquids do and it makes other foods susceptible to impurity.וְכֵן מֵי פֵרוֹת שֶׁנִּתְעָרְבוּ בִּשְׁאָר הַמַּשְׁקִין, הוֹלְכִין אַחַר הָרֹב; נִתְעָרְבוּ בְּמַיִם כָּל שֶׁהֵן - הֲרֵי הַכֹּל מַשְׁקֶה, וּמִתְטַמֵּא טֻמְאַת מַשְׁקִין וּמַכְשִׁיר.
Brine from unkosher locusts does not make foods susceptible to impurity, but it does contract the impurity associated with liquids.18וְצִיר חֲגָבִים טְמֵאִים - אֵינוֹ מַכְשִׁיר, אֲבָל מִתְטַמֵּא טֻמְאַת מַשְׁקִין.
5When a person purchases fish brine from an unlearned person, he can make it pure by connecting it to the water of a mikveh.19 The rationale is as follows: If the majority of the brine is water, the water regains purity because of the mikveh.20 If the majority is fish brine, it is not susceptible to impurity and the water within the mixture is considered as negligible because of the small amount that is present.ההַלּוֹקֵחַ צִיר מֵעַם הָאָרֶץ - מַשִּׁיקוֹ בַּמַּיִם וְטָהוֹר; שֶׁאִם הָיָה רֹב הַצִּיר מַיִם - הֲרֵי הַמַּיִם מִטַּהֲרִין בַּמִּקְוֶה, וְאִם הָיָה רֻבּוֹ מֶלַח שֶׁל דָּגִים - אֵינָהּ מְקַבֶּלֶת טֻמְאָה, וְהַמַּיִם שֶׁבָּהּ בָּטְלוּ בְּמִעוּטָן.
When does the above apply? When one seeks to dip bread in the mixture.21 If, however, one seeks to cook it in a pot containing water, one type finds its fellow22 and it becomes significant. Thus the majority of the water is impure, since the minimal amount that was in the brine was not purified in a mikveh.23בַּמֶּה דְּבָרִים אֲמוּרִים? לִטְבּוֹל בָּהֶן פַּת; אֲבָל לַקְּדֵרָה, מָצָא מִין אֶת מִינוֹ וְנֵעוֹר, וְנִמְצְאוּ רֹב הַמַּיִם טְמֵאִים, שֶׁהַמִּעוּט שֶׁהָיָה בַּצִּיר לֹא טָהַר בַּמִּקְוֶה.
6Produce is always considered as pure,24 even if the seller is a gentile25 unless it is known that they became susceptible to impurity through contact with water or are from the types of produce that we can assume became susceptible to impurity.26והַפֵּרוֹת בְּכָל מָקוֹם בְּחֶזְקַת טָהֳרָה, אֲפִלּוּ הָיָה הַמּוֹכֵר גּוֹי; עַד שֶׁיֵּדַע שֶׁהֻכְשְׁרוּ, אוֹ שֶׁהָיוּ מִדְּבָרִים שֶׁחֶזְקָתָן מֻכְשָׁרִין.
7In all places, sumach berries27 can be assumed to be impure. Similarly, all zucchini, squash, and other vegetables that are hung by reeds at the entrance to stores can be assumed to have become susceptible to impurity and to have contracted impurity.28זהָאוֹג, בְּכָל מָקוֹם בְּחֶזְקַת טֻמְאָה. וְכֵן כָּל הַקִּשּׁוּאִין וְהַדִּלּוּעִין וְהַתְּלוּיוֹת בִּגְמִי עַל פִּתְחֵי חֲנֻיּוֹת, בְּחֶזְקַת מֻכְשָׁרִין וּטְמֵאִין.
8All that is written in the Torah and the words of Scripture concerning the laws of ritual purity and impurity apply only with regard to the Sanctuary, sacrifices consecrated for it, terumah, and the second tithe. For individuals who are ritually impure were warned against entering the Sanctuary29 or partaking of sacrificial foods,30 terumah,31 or the second tithe32 while impure.חכָּל הַכָּתוּב בַּתּוֹרָה וּבְדִבְרֵי קַבָּלָה מֵהִלְכוֹת הַטֻּמְאוֹת וְהַטְּהָרוֹת - אֵינוֹ אֶלָּא לְעִנְיַן מִקְדָּשׁ וְקָדָשָׁיו וּתְרוּמוֹת וּמַעֲשֵׂר שֵׁנִי בִּלְבָד, שֶׁהֲרֵי הִזְהִיר אֶת הַטְּמֵאִין מִלְּהִכָּנֵס לַמִּקְדָּשׁ אוֹ לֶאֱכוֹל קֹדֶשׁ אוֹ תְּרוּמָה וּמַעֲשֵׂר בְּטֻמְאָה.
There is no prohibition at all against partaking of ordinary foods while impure. Instead, it is permitted to eat ordinary foods that are impure and partake of ordinary beverages that are impure. Behold, it is written in the Torah Leviticus 7:19: “The meat that will come in contact with any impurity should not be eaten.” It can be inferred that that it is permissible to partake of ordinary foods while impure, because the verse is speaking only about sacrificial foods.אֲבָל הַחֻלִּין - אֵין בָּהֶן אִסּוּר כְּלָל, אֶלָּא מֻתָּר לֶאֱכוֹל חֻלִּין טְמֵאִין וְלִשְׁתּוֹת מַשְׁקִין טְמֵאִין. הֲרֵי נֶאֱמַר בַּתּוֹרָה "וְהַבָּשָׂר אֲשֶׁר יִגַּע בְּכָל טָמֵא לֹא יֵאָכֵל" - מִכְּלָל שֶׁהַחֻלִּין מֻתָּרִין, שֶׁאֵינוֹ מְדַבֵּר אֶלָּא בִּבְשַׂר קָדָשִׁים.
If so, what is the intent of the statement:33 Ordinary food that is a primary derivative of impurity is impure34 and that which is a secondary derivative is disqualified?35 The intent is not that the food itself is forbidden to be eaten, instead, its status is important only when counting levels with regard to terumah and sacrificial foods. For if ordinary food that is a secondary derivative of impurity touches terumah, it disqualifies it and causes it to be considered as a tertiary derivative. Similarly, if it touches sacrificial food, it imparts impurity to it and causes it to be considered as a tertiary derivative, as we explained.36 Similarly, if a person who ate ordinary food that was a secondary derivative of impurity touches terumah, he disqualifies it.37אִם כֵּן מִפְּנֵי מָה נֶאֱמַר "הָרִאשׁוֹן שֶׁבַּחֻלִּין טָמֵא וְהַשֵּׁנִי פָּסוּל"? לֹא שֶׁיִּהְיֶה אָסוּר בַּאֲכִילָה, אֶלָּא לִמְנוֹת מִמֶּנּוּ לַתְּרוּמָה וְלַקֹּדֶשׁ: שֶׁאִם נָגַע שֵׁנִי שֶׁל חֻלִּין בִּתְרוּמָה - פְּסָלָהּ וַעֲשָׂאָהּ שְׁלִישִׁי, וְכֵן אִם נָגַע בְּאֹכָלִין שֶׁל קֹדֶשׁ - טִמְּאָן וַעֲשָׂאָן שְׁלִישִׁי, כְּמוֹ שֶׁבֵּאַרְנוּ, וְכֵן הָאוֹכֵל אֹכֶל שֵׁנִי שֶׁל חֻלִּין - אִם נָגַע בִּתְרוּמָה, פְּסָלָהּ.
9Just as it is permitted to eat impure ordinary food and drink impure ordinary beverages, so too, it is permitted to impart impurity to ordinary food38 in Eretz Yisrael. Even as an initial preference, one may impart impurity to food from which terumah and the tithes were separated.39טכְּשֵׁם שֶׁמֻּתָּר לֶאֱכֹל חֻלִּין טְמֵאִין וְלִשְׁתּוֹתָן, כָּךְ מֻתָּר לִגְרוֹם טֻמְאָה לְחֻלִּין שֶׁבְּאֶרֶץ יִשְׂרָאֵל; וְיֵשׁ לוֹ לְטַמֵּא אֶת הַחֻלִּין הַמְתֻקָּנִין, לְכַתְּחִלָּה.
Similarly, it is permissible40 for a person to touch all sources of impurity and contract impurity from them.41 This is evident from the fact that the Torah warned a priest and a nazirite from becoming impure through contact with a human corpse.42 One can infer from this that all other members of the people43 are permitted.44 Moreover, even priests and nazirites are permitted to contract impurity from all other sources of impurity with the exception of a human corpse.45וְכֵן מֻתָּר לָאָדָם לִגַּע בְּכָל הַטֻּמְאוֹת וּלְהִתְטַמֵּא בָּהֶן. שֶׁהֲרֵי הִזְהִיר הַכָּתוּב אֶת בְּנֵי אַהֲרֹן וְאֶת הַנָּזִיר מֵהִתְטַמֵּא בַּמֵּת, מִכְּלָל שֶׁכָּל הָעָם מֻתָּרִין; וְשֶׁאַף כֹּהֲנִים וּנְזִירִים מֻתָּרִין לְהִתְטַמֵּא בִּשְׁאָר טֻמְאוֹת, חוּץ מִטְּמֵא מֵת.
10All Israelites46 are warned to be pure on every pilgrimage festival, because at that time, they are ready to enter the Sanctuary and partake of consecrated foods.47 The Torah’s statement Leviticus 11:8: “You shall not touch their carcasses,”48 applies only on the festivals.49 Moreover, if a person does contract impurity, he is not liable for lashes. During the remainder of the year, one is not prohibited at all.יכָּל יִשְׂרָאֵל מֻזְהָרִין לִהְיוֹת טְהוֹרִים בְּכָל רֶגֶל, מִפְּנֵי שֶׁהֵם נְכוֹנִים לִכָּנֵס בַּמִּקְדָּשׁ וְלֶאֱכוֹל קָדָשִׁים. וְזֶה שֶׁנֶּאֱמַר בַּתּוֹרָה "וּבְנִבְלָתָם לֹא תִגָּעוּ", בָּרֶגֶל בִּלְבָד; וְאִם נִטְמָא, אֵינוֹ לוֹקֶה. אֲבָל בִּשְׁאָר יְמוֹת הַשָּׁנָה, אֵינוֹ מֻזְהָר.
11“The impure and the pure may partake of it” Deuteronomy 12:22. According to the Oral Tradition,50 it was taught: an impure person and a pure person may eat from the same plate.51 Nevertheless, a husband may not eat from the same plate as his wife when she is in the nidah state, nor may he drink with her, nor may he pour her a cup of beverage for her, as we explained.52 Similarly, a zav53 should not eat with a zavah because familiarity may lead to sin, for perhaps they will engage in intimate relations.יא"הַטָּמֵא וְהַטָּהוֹר יַחְדָּו" - מִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁהַטָּמֵא וְהַטָּהוֹר אוֹכְלִין בִּקְעָרָה אַחַת. אֲבָל לֹא יֹאכַל הַבַּעַל עִם אִשְׁתּוֹ בַּקְּעָרָה, כְּשֶׁתִּהְיֶה נִדָּה; וְלֹא יִשְׁתֶּה עִמָּהּ, וְלֹא תִמְזֹג לוֹ אֶת הַכּוֹס, כְּמוֹ שֶׁבֵּאַרְנוּ. וְלֹא יֹאכַל הַזָּב עִם הַזָּבָה, מִפְּנֵי הֶרְגֵּל עֲבֵרָה, שֶׁמָּא יִבְעֹל.
12Even though it is permitted to eat impure foods and drink impure beverages, the pious men of the early generations would partake of their ordinary food in a state of ritual purity and would avoid all of the sources of impurity throughout their lives. They are called perushim.54יבאַף עַל פִּי שֶׁמֻּתָּר לֶאֱכוֹל אֹכָלִין טְמֵאִים וְלִשְׁתּוֹת מַשְׁקִין טְמֵאִים, חֲסִידִים הָרִאשׁוֹנִים הָיוּ אוֹכְלִין חֻלֵּיהֶן בְּטָהֳרָה וְנִזְהָרִין מִן הַטֻּמְאוֹת כֻּלָּן כָּל יְמֵיהֶם, וְהֵן הַנִּקְרָאִים "פְּרוּשִׁים".
This is an extra measure of holiness and a path to piety: to be separate from people at large, to hold oneself apart from them, not to touch them, nor eat and drink with them. For setting oneself apart leads to the purification of the body from wicked actions. Purifying one’s body leads to sanctifying one’s soul from wicked character traits. And the holiness of the soul causes one to resemble the Divine presence, as Leviticus 11:44 states:55 “And you shall make yourselves holy; and you shall be holy, because I, God, Who makes you holy, am holy.”וְדָבָר זֶה קְדֻשָּׁה יְתֵרָה הִיא, וְדֶרֶךְ חֲסִידוּת שֶׁיִּהְיֶה נִבְדָּל אָדָם וּפוֹרֵשׁ מִשְּׁאָר הָעָם, וְלֹא יִגַּע בָּהֶם וְלֹא יֹאכַל וְיִשְׁתֶּה עִמָּהֶם - שֶׁהַפְּרִישׁוּת מְבִיאָה לִידֵי טָהֳרַת הַגּוּף מִמַּעֲשִׂים הָרָעִים, וְטָהֳרַת הַגּוּף מְבִיאָה לִידֵי קְדֻשַּׁת הַנֶּפֶשׁ מִן הַדֵּעוֹת הָרָעוֹת, וּקְדֻשַּׁת הַנֶּפֶשׁ גּוֹרֶמֶת לְהִדַּמּוֹת בַּשְּׁכִינָה, שֶׁנֶּאֱמַר "וְהִתְקַדִּשְׁתֶּם וִהְיִיתֶם קְדֹשִׁים, כִּי קָדוֹשׁ אֲנִי ה' מְקַדִּשְׁכֶם".
Blessed be the Merciful One Who offers assistance.בְּרִיךְ רַחֲמָנָא דְּסַיְּעָן
Footnotes
1.
I.e., water has been sprinkled upon them after they were detached from the earth. As the Rambam states in the following halachah, not only do we assume that they became susceptible to impurity, but we assume that they contracted impurity.
2.
To remove their outer shells, as the Rambam states at the conclusion of the halachah.
3.
Including, of course, people who are ritually impure.
4.
I.e., foods about which it is not a near certainty that they were exposed to liquids.
5.
For that reason, as the Rambam writes in his Commentary to the Mishnah (Demai 2:3), it is permitted to purchase produce that is dry from such a person.
6.
For, as indicated by the following clause of this halachah, it is common for the fisherman to turn the net over them, spilling the water upon them.
7.
The Rabbis (see Tosafot Yom Tov) have questioned whether this is a reversal of the Rambam’s opinion from his position in his Commentary to the Mishnah (Machshirin 6:3) or not.
The mishnah speaks of daga and the Rambam states that the term refers to a specific species of fish. One could infer that this principle does not apply to other fish. Here, however, he understands daga as a general term, applying to all fish.
8.
For it can be assumed that they were touched by impure people.
9.
Even though there is water upon them, it is not considered as if it was uprooted willfully, because one did not perform any unique act to insure that they became wet.
10.
Because a specific act was performed to pour the water over them.
11.
In which instance, the net would not be turned over upon them.
12.
By contact with water. Although undiluted fish brine is not susceptible to impurity (Bechorot 22a), it becomes susceptible when mixed with water. As the Rambam states in his Commentary to the Mishnah (Machshirin 6:3), fish brine that is served is made by mixing the natural product with water, thus making it susceptible to impurity. The Rambam is assuming that more than half the mixture is water.
The Rambam is referring to fish brine possessed by an unlearned person. It is assumed that he mixed water with it and therefore made it susceptible to impurity. If the brine is possessed by a person who is careful with regard to the laws of impurity (a chavair), it is assumed to be pure.
The Ra’avad questions the Rambam’s statements, maintaining that it would have been preferable to use the wording of the Mishnah (ibid.): “All fish brine can be assumed to be impure.” The Kessef Mishneh states that the Rambam changed the wording of the mishnah to indicate why the brine becomes impure: because it can be assumed that it was made susceptible to ritual impurity due to contact with water.
13.
I.e., as water. The Ra’avad questions the Rambam’s ruling, stating that Bechorot 23b maintains that fish brine does not contract impurity unless the majority is water. Although the Rambam’s ruling has its source in the mishnah (op. cit.), the mishnah is speaking about fish brine that is commercially sold which is already half water. Hence, an addition of even the slightest amount of water would make the majority water. The Kessef Mishneh maintains that even though it is difficult to say that this is the Rambam’s intent, his words should be interpreted in this manner, so that they do not run contrary to the Talmud’s statements.
From the Rambam’s Commentary to the Mishnah, a different understanding can be advanced. As the Rambam states there, pure fish brine refers to fish brine that was made ready to be used by being mixed with salt or fruit juice. Hence, if even the slightest amount of water is added to this mixture, it becomes susceptible to impurity, as evident from the continuation of this halachah. In contrast, as evident from Halachah 5, if brine is made only from fish brine and water, it does not contract impurity unless the majority is water.
14.
Because we assume that it came in contact with an impure person.
15.
I.e., liquids other than water that are susceptible to ritual impurity.
16.
If the majority of the mixture is from these liquids, the mixture is susceptible to impurity.
17.
The Ra’avad differs with the Rambam, referring to the Tosefta at the end of tractate Machshirin which mentions this concept as a minority view. The Kessef Mishneh asserts that perhaps the Rambam had a different version of that source.
18.
In this matter as well, the Ra’avad disputes the Rambam’s ruling. The Kessef Mishneh supports the Rambam’s position.
19.
As the Rambam proceeds to explain, it is possible that the mixture was not in fact impure. This action is being taken as a safeguard lest it have contracted impurity.
20.
For impure water can be purified through contact with a mikveh, as stated in Chapter 2, Halachah 21.
21.
And thus, the mixture does not come into contact with other impure water.
22.
The impure water in the brine finds the water in the pot and causes it to become impure.
23.
I.e., this water in the brine did not become purified because at the time it came in contact with the water of the mikveh, it was insignificant.
24.
From the continuation of the Rambam’s words, it appears that the intent is that we assume that the produce never came in contact with water and hence, never became susceptible to impurity.
25.
Who is impure by virtue of Rabbinical decree and would not take any measures to prevent the produce from becoming susceptible to impurity.
26.
As mentioned in Halachah 1 and in the following halachah.
27.
Our translation is based on the Rambam’s Commentary to the Mishnah (Keilim 26:3). The term refers to a shrub of the rhus genus that has clusters of green flowers, red hairy berries, and feathery leaves.
28.
Since they are hanging at the entrance to the store, it is certain that they were touched by an impure person.
30.
Leviticus 12:4, as interpreted by the Oral Tradition; see Hilchot Pesulei HaMukdashim 18:13.
32.
Deuteronomy 26:14, as interpreted by the Oral Tradition; see Hilchot Ma’aser Sheni 3:1.
33.
Taharot 2:3-6.
34.
I.e., it is itself impure and can impart impurity to other substances.
35.
It is considered impure itself, but it does not impart impurity to other similar substances (Hilchot She’ar Avot HaTumah 11:1).
36.
Ibid.:3-4.
37.
As stated in ibid. 8:10, our Sages decreed that someone who partakes of such food should be considered impure. Hence when he touches terumah, he disqualifies it.
38.
This license pertains even to food from which terumah has not been separated. Although in this manner, the terumah will also be impure when it is separated, since it had not yet become a distinct entity at the time the impurity was imparted, there is no prohibition involved.
39.
For there is no ritual dimension in partaking of these foods. Fom the Rambam’s words, one may infer that although it is permitted to impart impurity to ordinary foods from which the required separations have not been made, as an initial preference, one should refrain from doing so (Kessef Mishneh).
40.
Even as an initial preference.
41.
Similarly, if a person has contracted impurity, he is not required to immerse himself in a mikveh to regain purity (Sefer HaMitzvot, positive commandment 109).
42.
A priest, in Leviticus, ch. 22, and a nazirite, in Numbers, ch. 6.
43.
Levites and Israelites.
44.
For were they forbidden, there would be no need for additional prohibitions for priests and nazirites.
45.
For the Scriptural prohibitions relating to them involve only contact with a human corpse.
46.
The commentaries question whether this prohibition applies to Israelite women as well as men.
47.
Which may only be done in a state of purity.
48.
Which seemingly prohibits all Jews from contracting the impurity that stems from an animal carcass.
49.
As the Sha’agat Aryeh, sec. 67, explains, the intent is not that there is an intrinsic obligation to purify oneself on a festival. Instead, there is an obligation to be pure on the festivals so that one can offer the required sacrifices and that is possible only in a state of purity.
50.
Sifri to the verse.
51.
For even if the pure person contracts impurity, he will not have violated a prohibition.
52.
As explained in Hilchot Ishut 21:8; Hilchot Issurei Bi’ah 11:18. These measures were instituted lest familiarity lead to intimacy.
53.
I.e., even a zav. The prohibition also applies to an ordinary person, not only a zav. The Rambam mentions a zav, because a zav could say: “I am already impure; what difference does it make if I contract other impurity.”
54.
Literally, “those who separate themselves.” This is the root of the Latin term Pharisees. See also Hilchot Metamei Mishkav UMoshav 10:1; Hilchot She’ar Avot HaTum’ah 13:1.
55.
The standard published text of the Mishneh Torah combines the verse cited with Leviticus 21:8. The version used has its source in authentic manuscripts and early printings of the text.
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.
