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Rambam - 1 Chapter a Day

Korban Pesach - Chapter 6

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Korban Pesach - Chapter 6

1Which impure individuals are prevented from bringing an offering until the second Pesach?1 Anyone who cannot partake of the Paschal sacrifice on the fifteenth of Nisan because of his impurity, e.g., zavim,2 zavot,3 niddot,4 women impure because of childbirth,5 and those who were intimate with a women in the niddah state.6אאֵי זֶהוּ טָמֵא שֶׁנִּדְחֶה לְפֶסַח שֵׁנִי? כָּל מִי שֶׁאֵינוֹ יָכוֹל לֶאֱכֹל אֶת הַפֶּסַח בְּלֵילֵי חֲמִשָּׁה עָשָׂר מִפְּנֵי טֻמְאָתוֹ, כְּגוֹן זָבִים וְזָבוֹת נִדּוֹת וְיוֹלְדוֹת וּבוֹעֲלֵי נִדּוֹת.
By contrast, those who are impure because they touched an animal corpse,7 a dead crawling animal,8 and the like on the day of the fourteenth of Nisan, should immerse themselves and the Paschal sacrifice should be sacrificed on their behalf after they immerse themselves.9 In the evening, when the day of their impurity is concluded, they may partake of the Paschal sacrifice.אֲבָל הַנּוֹגֵעַ בִּנְבֵלָה וְשֶׁרֶץ וְכַיּוֹצֵא בָּהֶן בְּיוֹם אַרְבָּעָה עָשָׂר - הֲרֵי זֶה טוֹבֵל, וְשׁוֹחֲטִין עָלָיו אַחַר שֶׁיִּטְבֹּל, וְלָעֶרֶב כְּשֶׁיַּעְרִיב שִׁמְשׁוֹ, אוֹכֵל אֶת הַפֶּסַח.
2When the seventh day of the purification process of one who is impure because of contact with a human corpse falls on the fourteenth of Nisan—even though he has immersed himself and had the ashes of the red heifer sprinkled upon him and thus he is fit to partake of sacrificial foods in the evening10the Paschal sacrifice should not be slaughtered for him.11 His offering is postponed until the second Pesach. This is derived from Numbers 9:6 “And the men who were impure because of a human corpse and were not able to offer the Paschal sacrifice on that day.”12 According to the Oral Tradition, it was taught that this occurred on the seventh day of their purification process. This is what they were asking:13 Should the Paschal sacrifice be slaughtered for them and they would partake of it in the evening? Moses explained to them that it should not be slaughtered for them.14בטְמֵא מֵת שֶׁחָל שְׁבִיעִי שֶׁלּוֹ לִהְיוֹת בְּאַרְבָּעָה עָשָׂר, אַף עַל פִּי שֶׁטָּבַל וְהֻזָּה עָלָיו, וַהֲרֵי הוּא רָאוּי לֶאֱכֹל קֳדָשִׁים לָעֶרֶב - אֵין שׁוֹחֲטִין עָלָיו, אֶלָא נִדְחֶה לְפֶסַח שֵׁנִי, שֶׁנֶּאֱמַר "וַיְהִי אֲנָשִׁים אֲשֶׁר הָיוּ טְמֵאִים לְנֶפֶשׁ אָדָם וְלֹא יָכְלוּ לַעֲשֹׂת הַפֶּסַח בַּיּוֹם הַהוּא" (במדבר ט, ו) - מִפִּי הַשְּׁמוּעָה לָמְדוּ, שֶׁשְּׁבִיעִי שֶׁלָּהֶן הָיָה; וְעַל זֶה שָׁאֲלוּ אִם יִשָּׁחֵט עֲלֵיהֶן וְהֵם יֹאכְלוּ לָעֶרֶב, וּפֵרֵשׁ לָהֶן שֶׁאֵין שׁוֹחֲטִין עֲלֵיהֶן.
When does the above apply? When one became impure because of one of the types of impurity for which a Nazirite would be required to shave.15בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁנִּטְמָא בְּטֻמְאוֹת מִן הַמֵּת שֶׁהַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן.
If, however, one became impure because of other types of impurity resulting from contact with a corpse for which a Nazirite is not required to shave, the Paschal sacrifice may be slaughtered for him on the seventh day of his purification process after he immersed himself and had the ashes of the red heifer sprinkled upon him.16 In the evening, when the day of his impurity is concluded, he may partake of the Paschal sacrifice.אֲבָל אִם הָיָה טָמֵא בִּשְׁאָר טֻמְאוֹת מִן הַמֵּת, שֶׁאֵין הַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן - שׁוֹחֲטִין עָלָיו בַּשְּׁבִיעִי שֶׁלּוֹ אַחַר שֶׁיִּטְבֹּל וְיֻזָּה עָלָיו, וּכְשֶׁיַּעְרִיב שִׁמְשׁוֹ אוֹכֵל פִּסְחוֹ.
3When a zav17 experiences two discharges18 and then counts seven clean days19 and immerses on the seventh day, the Paschal sacrifice may be sacrificed on his behalf20 and he may partake of it in the evening.21גזָב שֶׁרָאָה שְׁתֵּי רְאִיּוֹת, וְסָפַר שִׁבְעַת יָמִים וְטָבַל בַּשְּׁבִיעִי - שׁוֹחֲטִין עָלָיו, וְהוּא אוֹכֵל לָעֶרֶב.
If he experienced a zav discharge after the blood was cast on the altar,22 he is exempt from bringing the second Paschal sacrifice.23וְאִם רָאָה זוֹב אַחַר שֶׁנִּזְרַק הַדָּם, הֲרֵי זֶה פָּטוּר מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי.
Similarly, a woman who is watching a day because of a discharge on the previous day24 may immerse on the day she is watching, as explained in the laws of forbidden relations.25 The Paschal sacrifice may be slaughtered on her behalf and she may partake of it in the evening.וְכֵן שׁוֹמֶרֶת יוֹם כְּנֶגֶד יוֹם - טוֹבֶלֶת בְּיוֹם הַשִּׁמּוּר, כְּמוֹ שֶׁבֵּאַרְנוּ בְּבִיאוֹת אֲסוּרוֹת, וְשׁוֹחֲטִין עָלֶיהָ, וְהִיא אוֹכֶלֶת לָעֶרֶב.
If she experiences uterine bleeding after the blood of the Paschal sacrifice was cast on the altar, she is exempt from bringing the second Paschal sacrifice.26וְאִם רָאֲתָה דָּם אַחַר שֶׁנִּזְרַק דַּם הַפֶּסַח, פְּטוּרָה מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי.
A Paschal sacrifice is not slaughtered on behalf of a woman who is impure because of menstrual bleeding on her seventh day of impurity. For she may not immerse herself until the night of the eighth day27 and she is not fit to partake of sacrificial meat until the night of the ninth day.28וְאֵין שׁוֹחֲטִין עַל הַנִּדָּה בַּשְּׁבִיעִי שֶׁלָּהּ - שֶׁהֲרֵי אֵינָהּ טוֹבֶלֶת עַד לֵיל שְׁמִינִי, וְאֵינָהּ רְאוּיָה לֶאֱכֹל קֳדָשִׁים עַד לֵיל תְּשִׁיעִי.
4When the day when one of those requiring atonement29 may bring his sacrifice falls on the fourteenth of Nisan, one may slaughter the Paschal sacrifice on his behalf. His sacrifices may be offered on the fourteenth of Nisan, whether before the Paschal sacrifice is slaughtered or afterwards.30 He may partake of his Paschal sacrifices in the evening.דמְחֻסְּרֵי כִּפּוּרִים שֶׁחָל יוֹם הֲבָאַת קָרְבְּנוֹתֵיהֶן בְּאַרְבָּעָה עָשָׂר - שׁוֹחֲטִין עֲלֵיהֶן וּמַקְרִיבִין קָרְבְּנוֹתֵיהֶן בְּאַרְבָּעָה עָשָׂר, בֵּין קֹדֶם שְׁחִיטַת הַפֶּסַח בֵּין אַחַר שְׁחִיטָתוֹ; וְאוֹכְלִין פִּסְחֵיהֶן לָעֶרֶב.
We do not slaughter the Paschal sacrifice on his behalf until he entrust his sacrifices required to regain purity to the court, lest they be negligent and fail to offer them.31וְאֵין שׁוֹחֲטִין עֲלֵיהֶן עַד שֶׁיִּמְסְרוּ קָרְבְּנוֹתֵיהֶן לְבֵית דִּין, שֶׁמָּא יִפְשְׁעוּ וְלֹא יַקְרִיבוּ אוֹתָם.
5When the eighth day of the purification process of a person suffering from tzara’at32 falls on the fourteenth of Nissan, but he experiences a seminal emission that day,33 he may immerse himself, enter the Women’s Courtyard, and bring his sacrifices.34המְצֹרָע שֶׁחָל שְׁמִינִי שֶׁלּוֹ לִהְיוֹת בְּאַרְבָּעָה עָשָׂר וְרָאָה קֶרִי בּוֹ בַּיּוֹם - הֲרֵי זֶה טוֹבֵל, וְנִכְנָס לְעֶזְרַת נָשִׁים וּמֵבִיא קָרְבְּנוֹתָיו.
Although a person who immersed on a particular day is forbidden from entering the Temple Courtyard that day, as was explained in Hilchot Bi’at HaMikdash,35 since this is the day that the Paschal sacrifice is to be offered at its appointed time, a positive commandment whose omission is punishable by karet comes and supersedes a Rabbinic commandment.36וְאַף עַל פִּי שֶׁטְּבוּל יוֹם אָסוּר לְהִכָּנֵס לְעֶזְרַת נָשִׁים, הוֹאִיל וְאִסּוּרוֹ לְהִכָּנֵס שָׁם מִדִּבְרֵיהֶם כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת בִּיאַת הַמִּקְדָּשׁ, וְיוֹם זֶה הוּא יוֹם הַקְרָבַת הַפֶּסַח בְּמוֹעֲדוֹ - יָבוֹא עֲשֵׂה שֶׁיֵּשׁ בּוֹ כָּרֵת וְיִדְחֶה אִסּוּר שֶׁל דִבְרֵיהֶם.
6When the seventh day of the purification process of one who became impure due to contact with a human corpse37 falls on the Sabbath, the ashes of the Red Heifer are not sprinkled upon him until the following day.38 Even if his seventh day falls on the thirteenth of Nisan which is a Sabbath, the sprinkling of the ashes should be postponed until the fourteenth. The ashes should be sprinkled upon him, but the Paschal sacrifice should not be slaughtered on his behalf, as we explained. Instead, his offering is postponed and he brings the second Paschal sacrifice.וטְמֵא מֵת שֶׁחָל שְׁבִיעִי שֶׁלּוֹ לִהְיוֹת בַּשַּׁבָּת, אֵין מַזִּין עָלָיו אֶלָא לְמָחָר. וְאַפִלּוּ חָל שְׁבִיעִי שֶׁלּוֹ לִהְיוֹת בִּשְׁלוֹשָׁה עָשָׂר בְּנִיסָן, וְהוּא שַׁבָּת - יִדָּחֶה לְיוֹם אַרְבָּעָה עָשָׂר, וּמַזִּין עָלָיו; וְאֵין שׁוֹחֲטִין עָלָיו כְּמוֹ שֶׁבֵּאַרְנוּ, אֶלָא יִדָּחֶה לְפֶסַח שֵׁנִי.
One might argue: The prohibition against sprinkling the ashes on the Sabbath was instituted as a shvut and the failure to bring the Paschal sacrifice is punishable by karet. How then could the Sages uphold their prohibition in the face of a prohibition punishable by karet? In resolution, it can be explained that the day on which he is forbidden to have the ashes sprinkled upon him is not the time when the sacrifice punishable by karet is obligated to be brought. Therefore they upheld their words as instituted, even though this matter will lead to having it supersede a commandment punishable by karet.וַהֲלוֹא אִסּוּר הַזָּיָה בַּשַּׁבָּת מִשּׁוּם שְׁבוּת, וְהַפֶּסַח בְּכָרֵת, וְהֵיאַךְ יַעֲמִידוּ דִּבְרֵיהֶם בִּמְקוֹם כָּרֵת? מִפְּנֵי שֶׁבַּיּוֹם שֶׁהוּא אָסוּר בְּהַזָּיָה מִשּׁוּם שְׁבוּת אֵינוֹ זְמַן הַקָּרְבָּן שֶׁחַיָּבִין עָלָיו כָּרֵת, לְפִיכָךְ הֶעֱמִידוּ דִּבְרֵיהֶן בִּמְקוֹמָן, אַף עַל פִּי שֶׁהַדָּבָר גּוֹרֵם לֶעָתִיד לָבוֹא לַעֲמֹד בִּמְקוֹם כָּרֵת.
7When an uncircumcised Jew circumcises himself on the day before Pesach, the Paschal sacrifice may be slaughtered on his behalf after his circumcision.39זיִשְׂרָאֵל עָרֵל שֶׁמָּל בְּעֶרֶב הַפֶּסַח, שׁוֹחֲטִין עָלָיו אַחַר שֶׁמָּל.
The Paschal sacrifice should not, by contrast, be slaughtered on behalf of a convert who converted on the fourteenth of Nisan and circumcised himself and immersed in a mikveh, for he may not partake of the sacrifice in the evening. He is like one who departs from a grave who requires seven days of purification and then can he become pure. This is a decree lest this convert become impure due to contact with a corpse in the following year on the fourteenth of Nisan and immerse himself and seek to partake of the Paschal sacrifice in the evening, saying: “Last year, the Jews did this for me, when I circumcised myself and immersed, and partook of the Paschal sacrifice in the evening.”40אֲבָל גֵּר שֶׁנִתְגַּיֵּר בְּיוֹם אַרְבָּעָה עָשָׂר וּמָל וְטָבַל - אֵין שׁוֹחֲטִין עָלָיו, שֶׁאֵינוֹ אוֹכֵל לָעֶרֶב, וַהֲרֵי הוּא כְּפוֹרֵשׁ מִן הַקֶּבֶר, שֶׁצָּרִיךְ שִׁבְעַת יָמִים וְאַחַר כָּךְ יִטְהַר. גְּזֵרָה שֶׁמָּא יִטְמָא גֵּר זֶה לְמֵת לַשָּׁנָה הַבָּאָה בְּיוֹם אַרְבָּעָה עָשָׂר, וְיִטְבֹּל וְיֹאכַל לָעֶרֶב, וְיֹאמַר: אֶשְׁתָּקַד כָּךְ עָשׂוּ לִי יִשְׂרָאֵל כְּשֶׁמַּלְתִּי, טָבַלְתִּי וְאָכַלְתִּי לָעֶרֶב.
Behold, this decree is of Rabbinic origin and the failure to bring the Paschal sacrifice is punishable by karet. How then could the Sages uphold their prohibition in the face of a prohibition punishable by karet on the day of the sacrifice which is the fourteenth of Nisan?41 The rationale is that the convert is not obligated in the observance of mitzvot until he circumcises himself and immerses himself in a mikveh.42 He should not immerse himself until he becomes healed from the circumcision, as we explained with regard to the concept of conversion.43 Therefore they upheld their words in this instance, because this person who circumcised himself should not have immersed until he was healed. Thus he would not have incurred an obligation to bring the Paschal sacrifice at all.44וַהֲלוֹא גְּזֵרָה זוֹ מִדִּבְרֵיהֶם, וְהַפֶּסַח בְּכָרֵת, וְהֵיאַךְ הֶעֱמִידוּ דִּבְרֵיהֶם בִּמְקוֹם כָּרֵת בְּיוֹם הַקָּרְבָּן, שֶׁהוּא יוֹם אַרְבָּעָה עָשָׂר? מִפְּנֵי שֶׁאֵין הַגֵּר מִתְחַיֵּב בַּמִּצְווֹת עַד שֶׁיִּמּוֹל וְיִטְבֹּל, וְאֵינוֹ טוֹבֵל עַד שֶׁיֵּרָפֵא מִן הַמִּילָה, כְּמוֹ שֶׁבֵּאַרְנוּ בְּעִנְיַן הַגֵּרוּת, לְפִיכָךְ הֶעֱמִידוּ דִּבְרֵיהֶם בְּמָקוֹם זֶה - שֶׁהֲרֵי זֶה הַמָּל יֵשׁ לוֹ שֶׁלֹּא לִטְבֹּל עַד שֶׁיַּבְרִיא, וְלֹא יָבוֹא לִידֵי חִיּוּב כְּלָל.
8If a person came through a beit hapras,45 he should proceed and sift, proceed and sift.46 If he did not find a bone and did not contract impurity, he should slaughter and partake of his Paschal sacrifice, even though he walked in a beit hapras. The rationale is that the impurity of a beit hapras is a Rabbinic institution, as will be explained in Hilchot Tum’at Meit, and the Sages did not uphold their decree in the face of an obligation punishable by karet, as we explained.47חמִי שֶׁבָּא בְּבֵית הַפְּרָס, הֲרֵי זֶה מְנַפֵּחַ וְהוֹלֵךְ מְנַפֵּחַ וְהוֹלֵךְ; וְאִם לֹא מָצָא עֶצֶם וְלֹא נִטְמָא - שׁוֹחֵט וְאוֹכֵל פִּסְחוֹ, וְאַף עַל פִּי שֶׁהָלַךְ בְּבֵית הַפְּרָס; שֶׁטֻּמְאַת בֵּית הַפְּרָס מִדִּבְרֵיהֶם, כְּמוֹ שֶׁיִּתְבָּאֵר בְּהִלְכוֹת טֻמְאַת מֵת, וְלֹא הֶעֱמִידוּ דִּבְרֵיהֶם בִּמְקוֹם כָּרֵת כְּמוֹ שֶׁבֵּאַרְנוּ.
Similarly, a beit hapras that was trod upon is pure with regarding to bringing a Paschal sacrifice.48וְכֵן בֵּית הַפְּרָס שֶׁנִּדּוֹשׁ, טָהוֹר לָעוֹשֶׂה פֶּסַח.
9A person in the acute state of onein mourning49 is fit to partake of the Paschal sacrifice in the evening. The rationale is that the restrictions of aninut at night are Rabbinic in origin50 and our Sages did not uphold their decree in the face of an obligation punishable by karet. Instead, the Paschal sacrifice should be slaughtered on his behalf. He must immerse and afterwards partake of it. The immersion is necessary so that he makes a distinction while making the transition from the state of aninut and does not divert his attention.51טהָאוֹנֵן רָאוּי לֶאֱכֹל הַפֶּסַח לָעֶרֶב. מִפְּנֵי שֶׁאֲנִינוּת לַיְלָה מִדִּבְרֵיהֶם, לֹא הֶעֱמִידוּ דִּבְרֵיהֶם בְּדָבָר זֶה בִּמְקוֹם כָּרֵת, אֶלָא שׁוֹחֲטִין עָלָיו, וְטוֹבֵל, וְאַחַר כָּךְ אוֹכֵל, כְּדֵי שֶׁיִּפְרֹשׁ מֵאֲנִינוּתוֹ, וְלֹא יַסִּיחַ דַּעְתּוֹ.
When does the above apply? When the deceased for whom he must mourn passes away after midday on the fourteenth of Nisan and thus he was already obligated to bring the Paschal sacrifice.52בַּמֶּה דְּבָרִים אֲמוּרִים? שֶׁמֵּת לוֹ הַמֵּת אַחַר חֲצוֹת, שֶׁכְּבָר נִתְחַיֵּב בְּקָרְבַּן פֶּסַח.
If, however, the deceased passed away before midday, the Paschal sacrifice should not be slaughtered on his behalf. Instead, his offering is postponed until the second Pesach.53אֲבָל אִם מֵת לוֹ הַמֵּת קֹדֶם חֲצוֹת - אֵין שׁוֹחֲטִין עָלָיו, אֶלָא יִדָּחֶה לַשֵּׁנִי.
If, however, the Paschal sacrifice was slaughtered on his behalf and the blood poured on the altar, he should immerse himself and partake of it in the evening.וְאִם שָׁחֲטוּ עָלָיו, וְזָרְקוּ הַדָּם - טוֹבֵל וְאוֹכֵל לָעֶרֶב.
If the deceased relative passed away on the thirteenth of Nisan and was buried on the fourteenth, on the day of the burial, he must observe aninut according to Rabbinic decree and that decree does not encompass the night following the fourteenth.54מֵת לוֹ מֵת בִּשְׁלוֹשָׁה עָשָׂר וּקְבָרוֹ בְּאַרְבָּעָה עָשָׂר - הֲרֵי הוּא בְּיוֹם הַקְּבוּרָה אוֹנֵן מִדִּבְרֵיהֶם, וְאֵינוֹ תּוֹפֵס לֵילוֹ מִדִּבְרֵיהֶם.
Therefore one may slaughter the Paschal sacrifice on his behalf. He should immerse and partake of it and other sacrifices in the evening.לְפִיכָךְ שׁוֹחֲטִין עָלָיו וְטוֹבֵל וְאוֹכֵל לָעֶרֶב אַף בִּשְׁאָר הַקֳּדָשִׁים.
The day when one hears of a close relative’s death55 and the day when one gathers the bones of one’s dead are equivalent to the day of burial.56וְיוֹם שְׁמוּעָה וְיוֹם לִקּוּט עֲצָמוֹת, הֲרֵי הוּא כְּיוֹם הַקְּבוּרָה.
Therefore if one had the bones of his dead gathered57 on the fourteenth of Nisan or heard that a close relative died, the Paschal sacrifice may be slaughtered on his behalf. He immerses himself and may partake of sacrificial food in the evening.לְפִיכָךְ מִי שֶׁלִּקֵּט עַצְמוֹת מֵתוֹ בְּיוֹם אַרְבָּעָה עָשָׂר, אוֹ שֶׁשָּׁמַע שֶׁמֵּת לוֹ מֵת - שׁוֹחֲטִין עָלָיו, וְטוֹבֵל וְאוֹכֵל בַּקֳּדָשִׁים לָעֶרֶב.
10When a person is digging in a mound from an avalanche in search of the body of a deceased person, the Paschal sacrifice should not be slaughtered on his behalf, lest he find a corpse in the mound and he be impure at the time of slaughter.58ימִי שֶׁהוּא חוֹפֵר בְּגַּל לְבַקֵּשׁ עַל הַמֵּת - אֵין שׁוֹחֲטִין עָלָיו, שֶׁמָּא יִמְצָא הַמֵּת שָׁם בַּגַּל, וַהֲרֵי הוּא טָמֵא בִּשְׁעַת שְׁחִיטָה.
If the Paschal sacrifice was slaughtered on his behalf and a corpse was not found, he may partake of the sacrifice in the evening.שָׁחֲטוּ עָלָיו וְלֹא נִמְצָא שָׁם מֵת - הֲרֵי זֶה אוֹכֵל לָעֶרֶב.
The following rules apply if the corpse was discovered after the blood was poured on the altar. If it became known to him that he was certainly impure at the time the blood was poured,59 e.g., the mound was round,60 he is obligated in the second Paschal sacrifice.61 If the matter is in doubt,62 i.e., maybe he was not standing over the impurity at the time the blood was poured and did not become impure until afterwards, he is exempt from the second Paschal sacrifice.63נִמְצָא שָׁם מֵת אַחַר שֶׁנִּזְרַק הַדָּם: אִם נוֹדַע לוֹ בְּוַּדַּאי שֶׁהָיָה טָמֵא בִּשְׁעַת זְרִיקַת הַדָּם, כְּגוֹן שֶׁהָיָה גַּל עָגוּל - הֲרֵי זֶה חַיָּב בְּפֶסַח שֵׁנִי; וְאִם סָפֵק הַדָּבָר, וְשֶׁמָּא לֹא הָיָה עוֹמֵד עַל הַטֻּמְאָה בִּשְׁעַת זְרִיקָה, וְלֹא נִטְמָא אֶלָא אַחַר זְרִיקָה - הֲרֵי זֶה פָּטוּר מִפֶּסַח שֵׁנִי.
11The following rules apply when a person journeyed on a road and later a corpse was discovered lying across the width of the road.64 If the corpse could be deemed as the impurity likened to the depths,65 even though the person is considered as impure with regard to terumah,66 he is considered as pure with regard to the Paschal sacrifice. He may slaughter and partake of the Paschal sacrifice even though it is possible that he touched the corpse.67 Since the impurity is likened to the depths, he is pure with regard to the Paschal sacrifice.68 Even though the corpse is intact69 and extends from one end of the path to the other,70 he may offer his Paschal sacrifice unless he knows with certainty that he became impure because of it.יאמִי שֶׁעָבַר בַּדֶּרֶךְ וְנִמְצָא מֵת מֻשְׁכָּב לְרָחְבָּהּ שֶׁל דֶּרֶךְ, אִם הָיָה הַמֵּת טֻמְאַת הַתְּהוֹם, אַף עַל פִּי שֶׁהוּא טָמֵא לַתְּרוּמָה - הֲרֵי זֶה טָהוֹר לַפֶּסַח, וְשׁוֹחֵט וְאוֹכֵל פִּסְחוֹ, וְאַף עַל פִּי שֶׁאֶפְשָׁר שֶׁנָּגַע; הוֹאִיל וְהִיא טֻמְאַת הַתְּהוֹם, טָהוֹר לַפֶּסַח. וְאַף עַל פִּי שֶׁהַמֵּת שָׁלֵם, וְהוּא מִן הַקָּצֶה אֶל הַקָּצֶה - הֲרֵי זֶה עוֹשֶׂה פִּסְחוֹ, עַד שֶׁיֵּדַע בְּוַּדַּאי שֶׁנִּטְמָא בּוֹ.
When does the above apply? When he was walking on foot, for it is possible that he did not touch it.71 If, however, he was riding on a beast or carrying a burden, he is impure even though it is impurity likened to the depths, for it is impossible that he will not have touched, moved, or stood over the corpse.72 We have already explained impurity likened to the depths in Hilchot Nizirut.73בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁהָיָה מְהַלֵּךְ בְּרַגְלָיו, שֶׁהֲרֵי אֶפְשָׁר שֶׁלֹּא יִגַּע. אֲבָל אִם הָיָה רוֹכֵב אוֹ טוֹעֵן מַשָּׂא - הֲרֵי זֶה טָמֵא, אַף עַל פִּי שֶׁהִיא טֻמְאַת הַתְּהוֹם; לְפִי שֶׁאִי אֶפְשָׁר שֶׁלֹּא יִגַּע, וְשֶׁלֹּא יָסִיט, וְשֶׁלֹּא יַאֲהִיל. וּכְבָר בֵּאַרְנוּ טֻמְאַת הַתְּהוֹם בְּהִלְכוֹת נְזִירוּת.
12When a person offered the Paschal sacrifice under the presumption that he was pure and afterwards, it was discovered that he was impure due to impurity likened to the depths, he is not obligated in the second Paschal sacrifice.74 This is a law conveyed by the Oral Tradition.75 If, however, it becomes known to him that he was impure due to impurity that was known, he is obligated in the second Paschal sacrifice.76יבמִי שֶׁעָשָׂה פֶּסַח בְּחֶזְקַת שֶׁהוּא טָהוֹר, וְאַחַר כָּךְ נוֹדַע לוֹ שֶׁהָיָה טָמֵא בְּטֻמְאַת הַתְּהוֹם - אֵינוֹ חַיָּב בְּפֶסַח שֵׁנִי. וְדָבָר זֶה הֲלָכָה מִפִּי הַקַּבָּלָה. אֲבָל אִם נוֹדַע לוֹ שֶׁהָיָה טָמֵא בְּטֻמְאָה יְדוּעָה, חַיָּב בְּפֶסַח שֵׁנִי.
13When a person contracted impurity from a human corpse and had the ashes of the red heifer sprinkled upon him on the third and seventh day as required,77 but on his seventh day he unknowingly became impure because of a grave “likened to the depths” and brought a Paschal sacrifice under the presumption that he was pure and afterwards, he discovered that he had contracted the impurity “likened to the depths,” he is not obligated in the second Paschal sacrifice.78 The rationale is once he immersed himself on the seventh day,79 his initial impurity ceased.יגמִי שֶׁנִּטְמָא בְּמֵת וְהִזָּה שְׁלִישִׁי וּשְׁבִיעִי, וּבַשְּׁבִיעִי שֶׁלּוֹ נִטְמָא בְּקֶבֶר הַתְּהוֹם וְלֹא יָדַע, וְעָשָׂה פֶּסַח בְּחֶזְקַת שֶׁהוּא טָהוֹר וְאַחַר כָּךְ נוֹדַע לוֹ שֶׁהָיָה טָמֵא בְּטֻמְאַת הַתְּהוֹם - אֵינוֹ חַיָּב בְּפֶסַח שֵׁנִי; שֶׁכֵּיוָן שֶׁטָּבַל בַּשְּׁבִיעִי פָּסְקָה טֻמְאָה הָרִאשׁוֹנָה.
If, however, he had contracted the impurity “likened to the depths” on the sixth day of his impurity80 and without knowing, he brought a Paschal sacrifice, he is obligated in the second Paschal sacrifice. The rationale is that a person who is impure must operate under the presumption that he is impure until he has definitely become pure, because there is a basis for the presumption of his impurity.אֲבָל אִם נִטְמָא בְּטֻמְאַת הַתְּהוֹם בַּשִּׁשִּׁי לְטֻמְאָתוֹ, וְלֹא יָדַע עַד שֶׁעָשָׂה הַפֶּסַח - הֲרֵי זֶה חַיָּב בְּפֶסַח שֵׁנִי; שֶׁחֶזְקַת הַטָּמֵא - טָמֵא, עַד שֶׁיִּהְיֶה טָהוֹר וַדַּאי, שֶׁרַגְלַיִם לַדָּבָר.

Quiz Yourself on Korban Pesach Chapter 6

Footnotes
1.

On the fourteenth of Iyar, as stated in Chapter 5, Halachah 1.
The Rambam is speaking about individuals other than those impure because of contact with a human corpse and also other than those impure, but whose impurity could be resolved by immersion and waiting until nightfall. All of the individuals mentioned in this clause are impure for longer periods of time.

2.

The term refers to men who have three successive emissions from their sexual organs similar to those resulting from a gonorrheal infection. Such individuals are ritually impure as stated in Leviticus, ch. 15; Hilchot Mechusrei Kaparah 2:1; Hilchot Mitamei Mishkav UMoshav, ch. 1.

3.

Women who experience vaginal bleeding for three consecutive days outside their menstrual cycle. Their impurity is mentioned in Leviticus, op. cit.; Hilchot Mechusrei Kaparah 1:6; Hilchot Mitamei Mishkav UMoshav, ch. 1.

4.

Their impurity is mentioned in Leviticus, op. cit.; Hilchot Issurei Bi’ah, ch. 4; Hilchot Mitamei Mishkav UMoshav, ch. 1.

5.

Their impurity is mentioned in Leviticus, ch. 12; Hilchot Issurei Bi’ah, ch. 10; Hilchot Mitamei Mishkav UMoshav, ch. 1.

6.

Their impurity is mentioned in Leviticus, ch. 15; Hilchot Issurei Bi’ah 6:17; Hilchot Mitamei Mishkav UMoshav, ch. 3.

7.

Their impurity is mentioned in Leviticus, ch. 11; Hilchot Sha’ar Avot HaTumah, chs. 1-2.

8.

Their impurity is mentioned in Leviticus, op. cit.; Hilchot Sha’ar Avot HaTumah, ch. 4.

9.

But not before they immerse themselves. They must reach a condition where their ritual impurity is an inevitable fact, dependent only on the setting of the sun. This explanation resolves the apparent contradiction between this ruling and the Rambam’s statements in Hilchot Bi’at HaMikdash 2:12.

10.

I.e., he has done everything necessary from his perspective to regain ritual purity and that will be achieved at the setting of the sun. As Numbers 19:19 relates, to regain ritual impurity after becoming impure through contact with a human corpse, one must have the ashes of the red heifer sprinkled on him on the third and seventh days and immerse on the seventh day.

11.

Even though the Paschal sacrifice may be slaughtered on behalf of others who become pure in the evening, greater stringency is recommended in this instance.

12.

The Sifri comments that they were not able to offer their sacrifices that day, but they would be able to offer them the following day.

13.

Numbers 9:7 states that they approached Moses and told them they were ritually impure and asked to offer the Paschal sacrifice.

14.

And instead instructed them to offer the second Paschal sacrifice.
According to the Rambam, the Torah is speaking about a situation where they had already done everything in their power to purify themselves and were merely waiting for nightfall. The Ra’avad differs and maintains that they had not yet immersed or the blood had not been sprinkled upon them. Hence, they were entirely impure. Were they, in fact, to have done everything necessary to guarantee their purity, the sacrifice could be offered for them. The Kessef Mishneh and Rav Yosef Corcus justify the Rambam’s position.

15.

A Nazirite is required to shave his body when he becomes impure due to contact with a human corpse. See Hilchot Nazir, ch. 7, which explains which situations require such a shaving and which do not.

16.

Leniency is granted in this instance, for such a person’s state of ritual impurity is not that severe. (Based on Hilchot Tuma’at Meit 3:3, 5:5, there are some authorities who maintain that it is merely a Rabbinic decree.) As stated in Hilchot Bi’at HaMikdash 3:13-14, if a person who is impure for such reasons partook of sacrificial foods, he is not liable for karet or to bring a sacrifice.
The Ra’avad comments that this distinction is a product of the Rambam’s own deduction based on the law stated in Hilchot Bi’at HaMikdash, but does not have an explicit prior Rabbinic source. Rav Yosef Corcus explains that the Ra’avad is not differing with the Rambam. Nevertheless, Rav Yosef Corcus does cite a passage from the Jerusalem Talmud (Pesachim 8:8) which focuses on the same distinction the Rambam makes here.

17.

As explained in Hilchot Mechusrei Kapparah 2:1 this refers to a person who experiences discharges similar to, but not identical with those experienced by a person infected with gonorrhea.

18.

As will be explained (ibid.:6), when a zav experiences two discharges, he must count seven days without a discharge and then immerse himself in “living water.” There is no difference between him and one who experiences three discharges except that the one who experiences three must bring a sacrifice.

19.

I.e., seven days without a discharge.

20.

If, however, he did not yet immerse, it cannot be sacrificed on his behalf even though he has the potential to immerse.

21.

For he will regain his purity at that time.

22.

Not only is he impure from that time onward, experiencing the discharge nullifies his prior immersion (ibid., ch. 3).

23.

Rav Yosef Corcus and the Lechem Mishneh to Hilchot Nizirut 4:4, question the Rambam’s ruling: for if his immersion is nullified, it is as if he was impure at the time the sacrifice was brought.

24.

Such a woman experienced a discharge of blood at a time other than the time due for her menstruation.

25.

Hilchot Issurei Bi’ah 6:9.

26.

As in the instance of the zav mentioned above, this also represents a difficult issue for the Rambam.

27.

Hilchot Issurei Bi’ah 4:6; Hilchot Mikvaot 1:6.

28.

Thus at the time the Paschal sacrifice was offered, she was impure and at the time it could be eaten, she was unfit to partake of it.

29.

This term refers to a zavah, a woman after childbirth, a zav, and a person afflicted by tzara’at. The term “requiring atonement” is used because: “even after each one of them has become pure from the condition that caused his impurity, he has immersed [in a mikveh], and the day [of the immersion] has passed, the person’s status is still lacking. His attainment of purity is not complete to the extent that he may partake of sacrificial foods until he brings the sacrifice [required of] him” (Hilchot Mechusrei Kapparah 1:1).

30.

Generally, no other sacrifices are offered after the daily sacrifice of the afternoon except the Paschal offering. Nevertheless, an exception is made in this instance, because failing to bring a Paschal sacrifice is punishable by karet and thus it supersedes the mitzvah of concluding the order of the sacrificial offerings with the afternoon sacrifice (Hilchot Temidim UMusafim 1:3-4).

31.

Once the sacrifices have been entrusted to the court, however, they can assume that they were offered (Pesachim 58b).

32.

A person afflicted by tzara’at must shave his flesh on the first day of his purification process. On the seventh day, he shaves again and immerses himself in a mikveh, as explained in Hilchot Tum’at Tzara’at, ch. 11. On the eighth day, he is required to bring his sacrifices (Hilchot Mechusrei Kapparah 4:1).

33.

A seminal emission renders a person ritually impure. If, however, he immerses himself, he can regain ritual purity with the passage of that day. Thus at the time when the Paschal sacrifice could be eaten, the person would be fit to partake of it.

34.

See ibid.:2 which explains the reasons why it is necessary for him to enter the Women’s Courtyard.

35.

Hilchot Bi’at HaMikdash 3:6. See also Hilchot Beit HaBechirah 7:17.

36.

Hence he is allowed to enter the Women’s Courtyard for that purpose. The prohibition against a person who immersed that day from entering the Women’s Courtyard is only Rabbinic in origin. According to Scriptural Law, there is no difference in between that place and any other place on the Temple Mount.

37.

A person who becomes impure due to contact with a human corpse can regain ritual purity through a purification process that involves having the ashes of the red heifer sprinkled upon him on the third and seventh days after contact with the corpse (see Numbers 19:19, Hilchot Parah Adumah, ch. 11).

38.

This is a decree, safeguarding the holiness of the Sabbath. This follows the Rambam’s approach (ibid. 11:2), that the sprinkling of the ashes of the red heifer need not be performed only on the days prescribed by the Torah (the third and the seventh), but can be performed after those days as well. The Ra’avad disagrees, both in that source and here. He maintains that although one need not have the ashes sprinkled upon himself on the third day after his contact with a corpse, once he has the ashes sprinkled -upon himself on his “third” day, the seventh day must be in direct sequence, no more than four days after the third day. Therefore, a person should always calculate the days when the ashes will be sprinkled upon him so that the seventh day will not fall on the Sabbath.

39.

The Rambam is emphasizing that although the Jew who circumcised himself was not fit to partake of the Paschal sacrifice earlier and his actions on the fourteenth of Nisan make that possible, the sacrifice may still be slaughtered on his behalf. In explanation of the need to clarify this point, the Kessef Mishneh cites Pesachim 92a which states that, in contrast to the convert mentioned in the following clause, a Jew can immerse and have the sacrifice offered on his behalf. The commentaries question the need for such an immersion on behalf of a Jew.

40.

I.e., the Sages feared that the convert would unknowingly desire to partake of the Paschal sacrifice after merely immersing himself rather than undergo the entire purification process for contact with a corpse.

41.

I.e., this represents a further stringency than the case mentioned in the previous halachah, because here, the Sages’ decree takes effect on the day of the sacrifice itself. The Ra’avad objects to the Rambam’s reasoning here, explaining that this is not sufficient reason to nullify the observance of a positive commandment punishable by karet, and instead offers a different rationale. Rav Yosef Corcus defends the Rambam’s decision.

42.

See Hilchot Issurei Bi’ah 13:6.

43.

Ibid. 14:5.

44.

Rav Yosef Corcus explains the rationale for the Rambam’s ruling: A convert must convert under the supervision of the Jewish court and the court would not accept his performance of the acts of conversion in a way that violates our Sages’ directives. Since the Sages desired that he not become circumcised and immerse on the same day, particularly, when that day is the fourteenth of Nisan, it is considered as if they invalidated his conversion.

45.

The term refers to a field in which a grave was plowed over. Our Sages decreed that anyone who passes through such a field is impure lest he have touched or moved a piece of bone. See Hilchot Tum'at Meit 2:16 and ch. 10.

46.

Checking the earth he walked on for pieces of bone. The Rambam also mentions sifting the earth of a beit hapras in Hilchot Eruvin 6:17.

47.

Halachah 5.

48.

He may cross such a field even as an initial preference, for we assume that any fragments of bone were crushed and are no longer large enough to impart ritual impurity (Rashi, Ketubot 28b). These leniencies are granted only with regard to the Paschal sacrifice. In general, one must follow a more inclusive process for purifying a beit hapras, as mentioned in Hilchot Tum’at Meit 10:12.

49.

The term onein refers to a person on the day he has suffered the loss of one of the seven relatives (his father, mother, brother, sister, son, daughter, or spouse) for which Hilchot Evel 2:1 requires him to mourn. On that day, he is forbidden to partake of any sacrificial food (Hilchot Bi'at HaMikdash 2:7, based on Deuteronomy 26:14; see also Leviticus 10:9).

50.

Hilchot Bi’at HaMikdash 2:9.

51.

See Hilchot Sha’ar Avot HaTum’ah 12:15 which states that this immersion is necessary because, while in a state of aninut a person might not be careful regarding the laws of ritual purity (since he is forbidden to partake of sacrificial foods regardless).

52.

See Chapter 1, Halachah 1.

53.

I.e., Pesach Sheni, on the fourteenth of Iyar, as mentioned above. Since at the time the obligation to slaughter the sacrificial animal took effect, the person is unfit, it is as if the obligation did not fall upon him. See Chapter 4, Halachah 5.

54.

Thus on the night of Pesach there is no difficulty in partaking of the Paschal sacrifice even according to Rabbinic decree. See also Hilchot Bi’at HaMikdash 2:10.

55.

See Hilchot Evel 7:1 from which it appears that this is referring to a report heard within 30 days of the person’s death.

56.

See ibid. 12:8.

57.

This is not speaking about a person who gathered the bones himself, for if so, he would be impure because of contact with a corpse and would not be permitted to partake of the Paschal sacrifice (Rav Yosef Corcus).

58.

For it is likely that he stood over the corpse.

59.

Significantly, Pesachim 91a, the Rambam’s source speaks of the time of slaughter. The wording here, however, is more exact, because if the person was impure at the time the blood was poured, his offering is unacceptable. See the Jerusalem Talmud (Pesachim 8:6).

60.

And small, thus wherever he stood, he would be standing over the corpse.

61.

Because at the critical time, he was impure and thus the sacrifice was not acceptable on his behalf.

62.

I.e., the mound was far larger than the corpse and it is possible that the person had not stood over the corpse and thus not become impure at the time the blood was poured.

63.

The second Paschal sacrifice should not be offered for him conditionally, as explained in Chapter 3, Halachah 9.

64.

So that it could be assumed that he passed over him.

65.

In his Commentary to the Mishnah (Pesachim 7:7), the Rambam explains that this term is used to refer to “a corpse that is hidden and not known about at all, as if it were in the very depths.” See also the gloss of Rav Ovadiah of Bartenura (Parah 3:2) which explains the term as follows: Just like mortal wisdom cannot fathom the extent of the depths, so, too, the existence of this corpse is not known to any mortal.
Hilchot Nizirut 6:18 describes this impurity as stemming from contact with a human corpse, about which “no one, not even one at the end of the world, knows.”

66.

Which must also be eaten in a state of ritual purity. As stated in Hilchot She’ar Avot HaTum’ah 18:3, if a person passes over a road and then a corpse is discovered lying across it, he is regarded as ritually impure with regard to terumah, even if the impurity is likened to the depths.

67.

Or stood over it and thus contracted ritual impurity.

68.

Hilchot Bi’at HaMikdash 6:4 states that when: “a priest performed service and afterwards, it became known that he was impure... if he became impure due to the impurity [likened to] the depths, the forehead plate [of the High Priest] brings about appeasement and all the sacrifices he offered are accepted.” In this instance, however, even though he is impure, he is given license to offer the Paschal sacrifice.

69.

If the corpse was not intact, it is possible to say that the person passed through the places where the body was severed.

70.

Pesachim 81b, the Rambam’s source, speaks of the person having no place to pass without touching or stepping over the corpse.

71.

For it is possible that he swerved to the side and did not come into contact with the corpse. From this, we see that the Rambam is not granting total license for an impure person to offer the Paschal sacrifice. There must be some possibility that he is pure. See the gloss of Rav Yosef Corcus.

72.

When he is carrying a burden, he cannot move deftly, but will instead sway to the side and will certainly pass over the impurity. And when he is riding, his body is spread out over a large area and will certainly have passed over the corpse.

73.

Hilchot Nizirut 6:18.

74.

For the High Priest’s forehead plate brings about appeasement. Rav Yosef Corcus states that this halachah appears to contradict the previous one which states that such a person may offer a Paschal sacrifice as an initial preference. Among the resolutions he offers is that this halachah is speaking about a person who is carrying a burden or riding an animal.

75.

I.e., it is a halachah communicated to Moses at Sinai and transmitted as part of the Oral Tradition.

76.

For his initial offering is disqualified.

77.

This is speaking about a person who had the ashes of the red heifer sprinkled on him before the fourteenth of Nissan, but contracted the impurity likened to the depths afterwards and did not discover his impurity until after offering the Paschal sacrifice.

78.

As in the previous halachah, the forehead plate of the High Priest brings about appeasement for this sacrifice.

79.

After having the ashes of the red heifer sprinkled upon him, the person must immerse to complete his purification process (Hilchot Parah Adumah 11:1).

80.

I.e., while he was in the midst of the purification process.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.