ב"ה
Rambam - 1 Chapter a Day
Korban Pesach - Chapter 7
Korban Pesach - Chapter 7
1The following rules apply when there were many individuals who were ritually impure due to contact with a human corpse on the first Pesach. If they were the lesser portion of the Jewish people, their offering is postponed to the second Pesach like other impure individuals. If, however, the majority of the Jewish people were impure due to contact with a human corpse or the priests or the sacred utensils were impure due to contact with a human corpse, their offering is not postponed. Instead, they should all offer the Paschal sacrifice in a state of ritual impurity, those ritually impure together with those who are pure.1 This is derived from Numbers 9:6 which states: “And the men who were impure because of contact with the corpse of a human soul.” Implied is that the offerings of individuals are postponed until the second Pesach,2 but those of the community are not postponed. This concept applies only with regard to the ritual impurity associated with a human corpse,3 as explained in Hilchot Bi’at HaMikdash.4ארַבִּים שֶׁהָיוּ טְמֵאֵי מֵת בְּפֶסַח רִאשׁוֹן: אִם הָיוּ מִעוּט הַקָּהָל - הֲרֵי אֵלּוּ נִדְחִין לְפֶסַח שֵׁנִי כִּשְׁאָר הַטְּמֵאִים; אֲבָל אִם הָיוּ רֹב הַקָּהָל טְמֵאֵי מֵת, אוֹ שֶׁהָיוּ הַכּוֹהֲנִים אוֹ כְּלֵי שָׁרֵת טְמֵאִים טֻמְאַת מֵת - אֵינָן נִדְחִין, אֶלָא יַקְרִיבוּ כֻּלָּן הַפֶּסַח בְּטֻמְאָה, הַטְּמֵאִים עִם הַטְּהוֹרִים, שֶׁנֶּאֱמַר "וַיְהִי אֲנָשִׁים אֲשֶׁר הָיוּ טְמֵאִים" (במדבר ט, ו) - יְחִידִים נִדְחִים, וְאֵין הַצִּבּוּר נִדְחֶה. וְדָבָר זֶה, בְּטֻמְאַת הַמֵּת בִּלְבָד כְּמוֹ שֶׁבֵּאַרְנוּ בְּבִיאַת הַמִּקְדָּשׁ.
2If the Jewish people were half ritually pure and half impure, they should all offer the sacrifice on the first Pesach. Those who are pure offer the sacrifice by themselves in a state of ritual purity and those who are impure offer it by themselves in a state of impurity5 and partake of it in impurity.6 If the impure outnumbered the pure even by one, they should all offer it in impurity.בהָיוּ הַקָּהָל מֶחְצָה טְהוֹרִים וּמֶחְצָה טְמֵאֵי מֵת - כֻּלָּן עוֹשִׂין בָּרִאשׁוֹן, וְהַטְּהוֹרִים עוֹשִׂין לְעַצְמָן בְּטָהֳרָה, וְהַטְּמֵאִים עוֹשִׂין לְעַצְמָן בְּטֻמְאָה, וְאוֹכְלִין אוֹתוֹ בְּטֻמְאָה. וְאִם הָיוּ טְמֵאֵי הַמֵּת עוֹדְפִין עַל הַטְּהוֹרִים, אַפִלּוּ אֶחָד - יַעֲשׂוּ כֻּלָּן בְּטֻמְאָה.
3If the men were half impure due to contact with a human corpse and half pure and when you count he women together with the men, the majority will be pure, those who are pure should offer the first Paschal sacrifice. Those who are impure do not bring neither the first Paschal sacrifice or the second.גהָיוּ הָאֲנָשִׁים מֶחְצָה טְמֵאֵי מֵת וּמֶחְצָה טְהוֹרִים, וּבִזְמַן שֶׁאַתָּה מוֹנֶה הַנָּשִׁים בִּכְלַל הָאֲנָשִׁים יִהְיוּ הָרֹב טְהוֹרִים - הַטְּהוֹרִים עוֹשִׂין אֶת הָרִאשׁוֹן, וְהַטְּמֵאִים אֵינָן עוֹשִׂין לֹא אֶת הָרִאשׁוֹן וְלֹא אֶת הַשֵּׁנִי.
They do not bring the first, because they are the lesser portion of the people.7 And they do not bring the second, because the women’s offering of the second Paschal sacrifice is a matter of choice. Thus the impure persons are merely half the people and half the people do not bring the second Paschal sacrifice.אֵין עוֹשִׂין רִאשׁוֹן, מִפְּנֵי שֶׁהֵן מִעוּט; וְאֵין עוֹשִׂין שֵׁנִי, שֶׁהַנָּשִׁים בַּשֵּׁנִי רְשׁוּת, וְנִמְצְאוּ הַטְּמֵאִים מֶחְצָה, וְאֵין מֶחְצָה עוֹשִׂין אֶת הַשֵּׁנִי.
4If the majority of the Jewish people were zavim, afflicted by tzara’at, or had relationships with niddot8 and the lesser portion were impure due to contact with a human corpse, those impure because of contact with a corpse should not offer the first Paschal sacrifice, because they are the lesser portion of the people.9 Nor do they offer the second, because individuals do not bring the second except at the time the majority of the people offered the first Paschal sacrifice.10 In this instance, since the majority of the Jewish people did not offer the first Paschal sacrifice, the lesser portion who are impure because of contact with a corpse should not bring the second Paschal sacrifice.דהָיוּ רֹב הַקָּהָל זָבִים וּמְצֹרָעִים וּבוֹעֲלֵי נִדּוֹת, וּמִעוּטן טְמֵאֵי מֵת - אוֹתָן טְמֵאֵי מֵת אֵין עוֹשִׂין בָּרִאשׁוֹן, לְפִי שֶׁהֵן מִעוּט; וְאֵינָן עוֹשִׂין אֶת הַשֵּׁנִי, שֶׁאֵין הַיְּחִידִים עוֹשִׂין אֶת הַשֵּׁנִי אֶלָא בִּזְמַן שֶׁעָשׂוּ רֹב הַקָּהָל אֶת הָרִאשׁוֹן, וְכָאן הוֹאִיל וְלֹא עָשׂוּ רֹב הַקָּהָל בָּרִאשׁוֹן, לֹא יַעֲשׂוּ אֵלּוּ הַמִּעוּט הַטְּמֵאִים לְמֵת אֶת הַשֵּׁנִי.
5If the majority of the Jewish people were impure because of contact with a human corpse and a lesser portion were zavim and the like, those who are impure because of contact with a corpse offer the first Paschal sacrifice,11 those who are zavim and the like do not offer either the first Paschal sacrifice or the second. They do not offer the first, because the restrictions against offering in a state of impurity were suspended with regard to communal offerings only for those impure due to contact with a human corpse.12 Nor do they bring the second, because a second Paschal sacrifice is brought only when the first was brought in a state of ritual purity. If the first was brought in a state of impurity, there is no second offering.ההָיוּ רֹב הַקָּהָל טְמֵאֵי מֵת וּמִעוּט זָבִים וְכַיּוֹצֵא בָּהֶן - טְמֵאֵי מֵת עוֹשִׂין אֶת הָרִאשׁוֹן, וְהַזָּבִים וְכַיּוֹצֵא בָּהֶן אֵינָן עוֹשִׂין לֹא אֶת הָרִאשׁוֹן וְלֹא אֶת הַשֵּׁנִי. אֵינָן עוֹשִׂין בָּרִאשׁוֹן, שֶׁאֵין נִדְחֵית בַּצִּבּוּר אֶלָא טֻמְאַת הַמֵּת בִּלְבָד; וְאֵין עוֹשִׂין בַּשֵּׁנִי, שֶׁאֵין עוֹשִׂין פֶּסַח שֵׁנִי אֶלָא אִם בָּא הָרִאשׁוֹן בְּטָהֳרָה, אֲבָל אִם נַעֲשָׂה רִאשׁוֹן בְּטֻמְאָה, אֵין שָׁם פֶּסַח שֵׁנִי.
6The following laws apply when a third of the Jewish people were pure, a third were zavim and the like, and a third were impure because of contact with a human corpse. Those who were impure because of contact with a corpse should not offer the first Paschal sacrifice, nor the second.והָיוּ שְׁלִישׁ הַקָּהָל טְהוֹרִים, וּשְׁלִישׁ זָבִים וְכַיּוֹצֵא בָּהֶן, וּשְׁלִישׁ טְמֵאֵי מֵת - אוֹתָן טְמֵאֵי מֵת אֵין עוֹשִׂין לֹא אֶת הָרִאשׁוֹן וְלֹא אֶת הַשֵּׁנִי.
They do not offer the first, because they are the lesser portion when compared to the aggregate of those who are pure and the zavvim. They should not offer the second, because the lesser portion of the people offered the first, as we explained.13אֵינָן עוֹשִׂין רִאשׁוֹן, שֶׁהֲרֵי הֵן מוּעָטִין לְגַבֵּי טְהוֹרִים עִם הַזָּבִים; וּבַשֵּׁנִי לֹא יַעֲשׂוּ, שֶׁהֲרֵי מִעוּט עָשׂוּ בָּרִאשׁוֹן כְּמוֹ שֶׁבֵּאַרְנוּ.
How do we calculate whether the majority of the people are impure or pure? We do not make a calculation of all those who seek to partake of it, because it is possible that 20 people will be enumerated on one Paschal sacrifice and they will send it with one person to slaughter it on their behalf. Instead, we calculate all of those who seek to enter the Temple Courtyard14 while they are outside. Before the first group enters the Temple Courtyard, the calculation is made.כֵּיצַד מְשַׁעֲרִין הַפֶּסַח לֵידַע אִם רֹב הַקָּהָל טְמֵאִים אוֹ טְהוֹרִים? אֵין מְשַׁעֲרִין בְּכָל הָאוֹכְלִין, שֶׁאֶפְשָׁר שֶׁיִּהְיוּ עֶשְׂרִים נִמְנִין עַל פֶּסַח אֶחָד וּמְשַׁלְּחִין אוֹתוֹ בְּיַד אֶחָד לִשְׁחֹט עֲלֵיהֶן, אֶלָא מְשַׁעֲרִין בְּכָל הַנִּכְנָסִין לָעֲזָרָה, וְעַד שֶׁהֵן מִבַּחוּץ קֹדֶם שֶׁתִּכָּנֵס כַּת הָרִאשׁוֹנָה מְשַׁעֲרִין אוֹתָן.
7When an individual becomes impure because of a questionable situation regarding ritual impurity in a private domain, as will be explained in the appropriate place,15 his offering is postponed until the second Pesach. When the majority of the Jewish people become impure because of a questionable situation in a private domain, they should all offer it in a state of impurity.16זיָחִיד שֶׁנִּטְמָא בִּסְפֵק רְשׁוּת הַיָּחִיד, כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ - הֲרֵי זֶה יִדָּחֶה לְפֶסַח שֵׁנִי כִּשְׁאָר טְמֵאֵי מֵת. וְצִבּוּר שֶׁנִּטְמָא בִּסְפֵק רְשׁוּת הַיָּחִיד, יַעֲשׂוּ כֻּלָּן בְּטֻמְאָה.
8When the Paschal sacrifice was offered in a state of impurity, it should also be eaten in a state of impurity,17 for from the outset, it was brought only to be eaten. It may not be eaten by all those who are impure,18 only by those impure because of contact with a human corpse. For them, this impurity is suspended. This also applies to those impure because of contact with other sources of impurity.19חפֶּסַח שֶׁהִקְרִיבוּהוּ בְּטֻמְאָה - הֲרֵי זֶה נֶאֱכָל בְּטֻמְאָה, שֶׁמִּתְחִלָּתוֹ לֹא בָא אֶלָא לַאֲכִילָה. וְאֵינוֹ נֶאֱכָל לְכָל טָמֵא, אֶלָא לִטְמֵאֵי מֵת שֶׁנִּדְחֵית לָהֶם הַטֻּמְאָה הַזֹּאת, וּלְכַיּוֹצֵא בָּהֶן מִטְּמֵאֵי מַגַּע טֻמְאוֹת.
Those who are impure because of an impurity that results from a physical condition, e.g., zavvim, zavot, niddot, women after childbirth, those afflicted by tzara’at, should not partake of it. If, however, they do partake of it, they are exempt.20אֲבָל הַטְּמֵאִים שֶׁהַטֻּמְאָה יוֹצְאָה עֲלֵיהֶן מִגּוּפָן, כְּגוֹן זָבִים וְזָבוֹת נִדּוֹת וְיוֹלְדוֹת וּמְצֹרָעִים - לֹא יֹאכְלוּ מִמֶּנּוּ. וְאִם אָכְלוּ, פְּטוּרִין.
According to the Oral Tradition, we learned that when a sacrifice is eaten by those who are pure, those who are impure are liable for partaking of it in impurity. When it is eaten by those who are impure, there is no liability for partaking of it in impurity. Even if those who are impure because of contact with a human corpse partook of the fats and organs to be offered on the altar, they are exempt.21מִפִּי הַשְּׁמוּעָה לָמְדוּ, שֶׁהַנֶּאֱכָל לַטְּהוֹרִין - חַיָּבִין עָלָיו מִשּׁוּם טֻמְאָה; וְהַנֶּאֱכָל לַטְּמֵאִין - אֵין חַיָּבִין עָלָיו מִשּׁוּם טֻמְאָה. אַפִלּוּ אָכְלוּ טְמֵאֵי מֵת מִן הָאֵמוּרִין שֶׁלּוֹ, פְּטוּרִין.
When does the statement that a Paschal sacrifice may be eaten while ritually impure apply? When the people became impure before the blood was poured on the altar.22 If, however, they became impure after the blood was poured, it should not be eaten.23בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁהַפֶּסַח יֵאָכֵל בְּטֻמְאָה, כְּשֶׁנִּטְמְאוּ הַצִּבּוּר קֹדֶם זְרִיקַת הַדָּם; אֲבָל אִם נִטְמְאוּ לְאַחַר זְרִיקַת הַדָּם, לֹא יֵאָכֵל.
9If the Paschal sacrifice was slaughtered in a state of ritual purity and the majority of the Jewish people became impure before its blood was poured on the altar,24 the blood should be poured on the altar, but the Paschal sacrifice should not be eaten. This is a Rabbinical decree lest the majority of the people become impure after the blood was poured in a following year and it be eaten in a state of impurity.25טשְׁחָטוּהוּ בְּטָהֳרָה וְנִטְמְאוּ רֹב הַצִּבּוּר קֹדֶם זְרִיקָה - זוֹרֵק אֶת הַדָּם, וְהַפֶּסַח לֹא יֵאָכֵל; גְּזֵרָה שֶׁמָּא יִטַּמְּאוּ אַחַר זְרִיקָה בְּשָׁנָה אַחֶרֶת וְיֹאכְלוּהוּ בְּטֻמְאָה.
The following rules apply if the sacred utensils were impure because of contact with a dead crawling animal or the like.26 Although the sacred utensils do not cause the persons to become impure, as will be explained in the appropriate place,27 since they cause the meat to become impure, the Paschal sacrifice should only be brought by those who are pure and it should be eaten, even though it is impure. It is preferable that it be eaten when the meat is impure thus superseding only an ordinary negative prohibition than it be eaten by individuals whose bodies are impure.28 That would be a prohibition punishable by karet, as explained in Hilchot Pesulei HaMukdashim.29הָיוּ כְּלֵי שָׁרֵת טְמֵאִים בְּשֶׁרֶץ וְכַיּוֹצֵא בּוֹ, הוֹאִיל וְאֵינָן מְטַמְּאִין אֶת הָאָדָם, כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ, אַף עַל פִּי שֶׁמְּטַמְּאִין אֶת הַבָּשָׂר - לֹא יַעֲשׂוּהוּ אֶלָא הַטְּהוֹרִים, וְיֵאָכֵל אַף עַל פִּי שֶׁהוּא טָמֵא. מוּטָב שֶׁיֵּאָכֵל בְּטֻמְאַת בָּשָׂר שֶׁהִיא בְּלָאו, וְלֹא יֹאכְלוּהוּ טְמֵאֵי הַגּוּף שֶׁהֵן בְּכָרֵת, כְּמוֹ שֶׁבֵּאַרְנוּ בִּפְסוּלֵי הַמֻּקְדָּשִׁין.
Footnotes
1.
They bring the offering together. Since the majority of the community is impure, the entire community is considered as a single entity and brings its offering as a single group.
2.
For the term “men” implies only a small group.
3.
And not with regard to other forms of ritual impurity, e.g. they were zavim, afflicted with tzara’at, or the like. Pesachim 79a derives this concept from the use of the term “soul” in the prooftext cited above. Implied is that impurity involving a soul is what causes a person’s offering to be postponed until the second Pesach.
4.
Hilchot Bi’at HaMikdash 4:12, 16.
5.
The rationale is that half of the people is considered equivalent to the majority. Thus the impure people are considered as being the majority and are allowed to offer their sacrifices on the first Pesach. And the pure are also considered as being the majority and are required to bring their sacrifice in a state of purity.
6.
Even though the sacrificial meat becomes impure, as explained in Halachah 8.
7.
For women are obligated to bring the first Paschal sacrifice and hence, they are included in the reckoning of the people.
8.
For these individuals are also forbidden to bring the Paschal sacrifice, as stated in Chapter 6. Even when the sacrifice is offered ill a state of impurity, they are not granted license to offer it, as stated in Halachah 1 and in the following halachah.
9.
And the Paschal sacrifice is brought in impurity only when the majority of the people are impure, because of contact with a human corpse.
10.
Thus in this situation, the Paschal sacrifice should be brought only by the small amount of people who are ritually pure.
11.
Because they are the majority of the people.
12.
And not for those of lesser types of impurity. Rav Yosef Corcus explains that they do not join those who are impure because of contact with a human corpse like those who are pure do. The rationale for the distinction is that those who are pure are supposed to bring the Paschal sacrifice on the first Pesach. Hence even when license is granted to those impure because of contact with a corpse, their obligation remains unchanged. Those impure due to other types of impurity are forbidden to bring the Paschal sacrifice in Nisan. That law remains even though license is granted to those impure because of contact with a corpse.
13.
In Halachah 4.
14.
Based on Pesachim 94b, it is explained that, in this context, those outside the Temple Courtyard are considered as “on a distant way” and therefore not included in this reckoning.
15.
Hilchot Sha’ar Avot HaTumah 15:8. There it is stated that if there is a question whether a person contracted ritual impurity in a private domain, he is considered as impure.
16.
For even though their impurity is a matter of question, the majority of the people are unfit to bring the first Paschal sacrifice.
17.
Although other communal offerings can be offered in a state of impurity under certain circumstances, none of their meat should be eaten (Hilchot Bi’at HaMikdash 4:11). The rationale is that unlike the Paschal sacrifice, the primary purpose of the other sacrifices is to be offered on the altar’s pyre.
There are several different versions of the text of the Mishneh Torah, but in all instances the intent is the same.
18.
I.e., due to the forms of ritual impurity the Rambam will mention shortly.
19.
Those who touched an animal corpse and the like. Although they should purify themselves beforehand, even if they do not, they are not forbidden to partake of the Paschal sacrifice in this situation.
20.
It is forbidden to partake of sacrificial meat while ritually impure.
21.
They are exempt from the prohibition against eating sacrificial meat while impure. They are, however, still liable for partaking of the portions to be offered on the altar, for that prohibition is not lifted (Rav Yosef Corcus).
22.
For in such a situation, when the blood was poured on the altar, it was known that the people were impure. See also the following halachah.
23.
For when a sacrifice was offered in a state of ritual purity, it should not be eaten in impurity.
24.
Pesachim 78b asks how such a situation could take place and explains that it is speaking about an instance where the nasi died and the people became impure during his funeral.
25.
I.e., they will not appreciate that in the previous year, the blood was poured on the altar after they had become impure and thus the sacrifice was offered for impure members of the community. In this instance, they were pure at the time the sacrifice was offered.
26.
As stated in Halachah 1, in such an instance, the Paschal sacrifice should be brought even though it will be eaten in a state of impurity.
27.
Hilchot Tumat Meit 5:7. As explained there, the utensil is merely a derivative of ritual impurity and hence, imparts impurity only to food, but not to humans.
28.
As explained in Hilchot Bi’at HaMikdash 4:15, although the prohibitions against offering and partaking of sacrifices in a state of ritual impurity were suspended with regard to communal offerings, they were not released entirely. Therefore, the Sages tried to minimize the degree to which the norms were overstepped to the greatest degree possible.
29.
Hilchot Pesulei HaMukdashim 18:12-13.
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.
