Rambam - 1 Chapter a Day

This Hebrew word is a general term used to refer to an article that is used for a specific purpose. It refers to garments, furniture, containers, cooking utensils, tools, weapons, containers, and many other types of useful articles.

This term implies more than the duration of time the person or the k’li remains impure. In addition, such a person or k’li becomes a source of impurity and imparts impurity to other entities, as the Rambam proceeds to explain.
As will be explained, the impurity does not cease automatically after seven days. The intent is that after seven days, the person can undergo the purification process that removes the impurity.

See Chapter 3, Halachot 1-3.

The implication is that the garments also may not be purified until after the seven days.

The Kessef Mishneh notes that from Nazir 42b, one could derive the impression that a person who touches a colleague while the latter is touching a corpse contracts impurity that lasts seven days. However, from Avodah Zarah 37b, it appears that this supposition is not accepted and he is only impure until the evening. Indeed, the prooftext which describes this impurity indicates this, because unlike the other verses which speak about contracting impurity from contact with a corpse, it does not mention being impure for seven days.

Which may not be eaten by a person who is ritually impure.

The rationale is that adherence to this Rabbinic stringency would cause the person to transgress Scriptural Law. For a nazirite who becomes impure due to contact with a corpse must shave his head. If, however, he is not impure, it is forbidden for him to shave his head. Similarly, if the person who sought to bring a Paschal sacrifice refrained from doing so because of this impurity, he would be ignoring a positive commandment whose violation is punishable by karet (see Hilchot Korban Pesach 6:2).

I.e., their status is that of a source of impurity and not a derivative of impurity.
Carrying or being under the same shelter as such a k’li, by contrast, does not impart ritual impurity, as stated in Halachah 13. See Hilchot Nizirut 7:8, which distinguishes between this type of impurity and other impurities. stemming from contact with a human corpse.

This impurity is imparted by the k’li only through touch, not by carrying, nor by ohel (Kessef Mishneh).

In his Commentary to the Mishnah (Ohalot 1:2, based on the Sifri to the verse cited, Pesachim 34b, et al; see also Chapter 2, Halachah 3, above), the Rambam notes that seemingly, the mention of the term “sword” in the above verse is unnecessary, for there is no difference between a person killed by a sword or one killed by a stone or piece of wood. Why then is a sword mentioned? To teach that the sword itself becomes a source of impurity.

I.e., a k’li that comes in contact with a corpse.

This reflects a classic difference of opinion among the Halachic authorities. The Rambam’s view is also followed by Rabbenu Yitzchak and the Ramban, while many other authorities including the Ra’avad, Rashi, and Rabbenu Tam differ and maintain that the law applies only to metal utensils (which in that way resemble a sword) and not those made from other materials.

This refers to utensils made from wood, bone, or glass.
Rav Kappach notes that in the Rambam’s original text of his Commentary to the Mishnah (loc. cit.; see also Ediot 2:1; Pesachim 1:6), “utensils [that can be purified by] immersion” are not mentioned. Only later did he amend that text to reflect the ruling stated here. He maintains that originally, the Rambam subscribed to the view held by Rashi and the Ra’avad and changed his mind later in life.

Excluded are earthenware containers, as stated in Halachah 6.

With the ashes of the Red Heifer, as obligatory for one who became impure for a seven day period.

There is no reason to suppose that, for the killer had no contact with his victim.

Afterwards, the concept is then applied to other types of keilim.

There is, however, a difference between the laws applying to them. The keilim that touch the corpse themselves also impart the impurity that lasts seven days. keilim that touch such keilim, by contrast, only impart impurity that lasts until the evening, as the Rambam proceeds to state.

A person or a k’li that touches a k’li—but not a person—which touched a corpse.

A person or a k’li that touches a k’li that touched a person who touched a corpse.

See Halachah 2.

A person who contracts impurity is liable for entering the Temple (Hilchot Bi’at HaMikdash 3:12-13) or partaking of sacrificial foods while impure (Hilchot Pesulei HaMukdashim 18:13). See also Halachot 8-9.

The Kessef Mishneh notes that a nazirite is not required to shave if he is touched by a person who touched a corpse. Hence, he questions why such a person is obligated for entering the Temple in a state of ritual impurity. He explains that the Jerusalem Talmud (Nazir 7:4) states that this principle applies only to impurity stemming from the corpse and not to a person who touched a person who touched a corpse.

I.e., the one who touched the corpse.

I.e., he is forbidden to enter the Temple or partake of holy food in such a state, but he is not liable for doing so.

Hilchot Bi’at HaMikdash 3:15.

The Ra’avad objects to the Rambam’s approach, maintaining that these laws also have the status of Scriptural Law. There is merely an exception with regard to these particular elements. The Kessef Mishneh explains that the Rambam is following his renowned approach (Sefer HaMitzvot, General Principle 2) that any concept that is not explicitly stated in the Torah is considered as “from the Oral Tradition” even though it was also conveyed to Moses at Sinai and derived from accepted rules of Biblical exegesis. See also Chapter 19, Halachah 6.

Numbers 19:22, as stated in Halachah 2.

These words are somewhat misleading. An earthenware container contracts impurity when a source of impurity enters its inner space even if it does not touch it and it does not contract impurity if such an object touches its external surface. See Chapter 6, Halachah 3; Hilchot Keilim, ch. 13.

It does, however, impart ritual impurity to food or drink (Hilchot Kelim 13:2). See also the following halachot.

This phrase translates the term av tum’ah, literally, “a father of ritual impurity,” so called because it generates ritual impurity, like a father generates offspring.

This phrase translates the term v’lad tum’ah, literally, “the offspring of ritual impurity,” so called because it receives ritual impurity from contact with another entity, like offspring produced by their parents.

Thus Bava Kama 2b states that the derivatives of ritual impurity do not resemble the primary sources. For there is a fundamental difference with regard to the extent ritual impurity is spread.

For they are not inherently impure, but like offspring who receive from their parents, they contract their impurity from another source [see the Rambam’s Commentary to the Mishnah (Pesachim 1:6)].

This is one of the unique dimensions of the impurity stemming from contact with a corpse. Although in actual fact it is a derivative, for the impurity was not inherent to the person or the k’li, but instead, came about due to his contact with the corpse, it still becomes a primary source of impurity.

Halachah 5.

Nor through ohel. The Rambam does not mention the impurity of ohel, because he is borrowing the wording of Keilim 1:1.

Thus one which touches it becomes a derivative of a second degree.

See Halachot 4-5 which explain that when keilim are touching a corpse, a person is touching those keilim, and other keilim, the latter keilim have the status of a primary source of impurity. Food which comes in contact with them, even though its contact with a corpse is of a fourth degree, becomes a first derivative.

See the conclusion of Ch. 2, and Cbs. 10 and 11, for explanation of these terms.

See Chapter 2, Halachah 13, for an explanation of this term.

See Chapter 2, Halachah 15, for an explanation of these terms. Here too, as in his gloss to that halachah, the Ra’avad objects and maintains that the impurity imparted by a gollel and/or a dofek is of Scriptural origin.

A gollel and a dofek do not impart impurity when carried.

Even one that is pitched as a permanent dwelling. Although generally a substance attached to the ground does not contract impurity, an exception is made in this instance.

I.e., a corpse.

The Rambam is emphasizing that not only the articles that are in the structure, but also the structure itself becomes impure. He, however, qualifies this statement, explaining that it depends on the substance from which the structure is made.

The verse is referring to the sprinkling of the ashes of the Red Heifer, the medium through which an object that contracted impurity from a corpse is purified. The fact that the Torah states that it must be purified indicates that it contracts impurity.

This term refers to cloth made from wool or the like.

See Hilchot Keilim 1:12 for a definition of this term.

Based on the exclusion of wood later in the halachah, we are forced to say that here the Rambam is referring to articles made from flax which is occasionally referred to as an etz, “wood,” (Kessef Mishneh). See note 53 below.

The Ra’avad emphasizes that we are speaking about a situation where the wooden or metal utensils are permanently attached to the ground or to a building that is attached to the ground and thus are considered as part of the building and not as independent entities.

The house itself, however, remains pure.

Flax is referred to as wood in certain contexts. See Joshua 2:6, as cited by Shabbat 27b, et al.

As stated in Halachah 3.

Chapter 1, Halachah 2. Although through the principles of Biblical exegesis, it is derived that one becomes impure when carrying a corpse, that applies only to a corpse itself and not to objects deemed equivalent to a corpse.

I.e., this impurity is imparted by a man, a corpse itself, and not objects that contracted the impurity of a corpse.

In his Commentary on the Torah (Numbers 19:16), the Ramban agrees with the Rambam’s statements with regard to ohel, but takes issue with regard to carrying an impure garment. The Kessef Mishneh substantiates the Rambam’s view.

I.e., As will be explained in Hilchot Metamei Mishkav UMoshav 6:1-2, there are several types of people including a zav (a male who becomes impure as a result of a discharge associated with disease) and a zavah (a woman who becomes impure because she experiences uterine bleeding outside her ordinary menstrual cycle) who impart impurity to a chair or other entity on which they sit or a bed or other entity on which they lie, even though they do not touch that entity. This stringency does not apply with regard to a corpse.

In this instance as well, a zav or a zavah would impart impurity to articles placed above them even though they do not touch him or her. Refer to Hilchot Metamei Mishkav UMoshav 6:3.

As stated in Halachah 4.

Hilchot Metamei Mishkav UMoshav, op. cit.

Impurity is described as retzutzah when there is not a handbreadth of free space between the corpse and the objects above it. In such an instance, the impurity rises through all the garments as it were and causes them all to become impure, as stated in Chapter 7, Halachah 4.

If there would be a shelter encompassing both the corpse and the garments, they would all become impure (see Chapter 12, Halachah 1).

In which instance, it prevents the impurity from reaching the articles on top of it.