ב"ה
Rambam - 1 Chapter a Day
Tum'at Met - Chapter 7
Tum'at Met - Chapter 7
1When a corpse is located in a closed structure or in one which had an opening, but its doorframe was destroyed and it was closed up,1 it imparts impurity to all its surroundings.2 Anyone who touches the back or the roof of the structure contracts the impurity that lasts seven days, because it is like a closed grave.3אבַּיִת סָתוּם שֶׁהַמֵּת בְּתוֹכוֹ, אוֹ שֶׁהָיָה לוֹ פֶּתַח [וּפָרַץ אֶת פַּצִּימָיו] וּסְתָמוֹ - מְטַמֵּא מִכָּל סְבִיבָיו; וְהַנּוֹגֵעַ בּוֹ מֵאֲחוֹרָיו, אוֹ מִגַּגּוֹ - טָמֵא שִׁבְעָה, מִפְּנֵי שֶׁהוּא כְּקֶבֶר סָתוּם.
If an entrance had been opened in it, even if it was closed up, as long as the doorframe was not destroyed,4 one who touches the back of the structure or its roof, is pure. Only the area in front of the door is impure.5 How large is the measure of a doorway? If an entire corpse6 is in the building, the entrance must be four handbreadths.7 If there is only an olive-sized portion of a corpse, the entrance must be a handbreadth. Any portion larger than an olive-sized portion is considered as an entire corpse and requires an entrance of four handbreadthsנִפְתַּח בּוֹ פֶּתַח, אֲפִלּוּ סְתָמוֹ, אִם לֹא פָרַץ פַּצִּימָיו - הַנּוֹגֵעַ בּוֹ מֵאֲחוֹרָיו וּמִגַּגּוֹ טָהוֹר, וְאֵין טָמֵא אֶלָּא כְּנֶגֶד הַפֶּתַח. וְכַמָּה יִהְיֶה שִׁעוּר הַפֶּתַח - שָׁלֵם הַמֵּת, פִּתְחוֹ בְּאַרְבָּעָה טְפָחִים; וּכְזַיִת מִן הַמֵּת, פִּתְחוֹ בְּטֶפַח; וְגָדוֹל מִכְּזַיִת, הֲרֵי הוּא כְּמֵת וּפִתְחוֹ בְּאַרְבָּעָה.
2The following rules apply when there is a corpse in a building that has many entrances. When they are all closed, they all impart ritual impurity.8 One who sits near any of the entrances under the roof that protrudes over the entrance becomes impure.בהַמֵּת בְּתוֹךְ הַבַּיִת, וּבוֹ פְּתָחִים הַרְבֵּה, בִּזְמַן שֶׁכֻּלָּם נְעוּלִים - כֻּלָּם טְמֵאִים, וְהַיּוֹשֵׁב בְּצַד כָּל פֶּתַח מֵהֶן תַּחַת הַתִּקְרָה הַיּוֹצֵא עַל הַפֶּתַח, נִטְמָא.
If one of them was opened or one intended to remove the corpse through one of them9 even though he had this thought after the person died10 and even if he intended to remove it through a window that is four handbreadths by four handbreadths, this saves all the other entrances. Only the entrance that is open or about which he thought imparts impurity. The others are pure,11 because they are closed and the building is not considered as a closed grave.12 Similarly, if one began hollowing out an opening through which to remove the corpse,13 when he has hollowed out an area four handbreadths by four handbreadths, this saves all the other entrances.נִפְתַּח אֶחָד מֵהֶן, אוֹ שֶׁחָשַׁב לְהוֹצִיאוֹ בְּאֶחָד מֵהֶן, וְאַף עַל פִּי שֶׁחָשַׁב אַחַר שֶׁמֵּת הַמֵּת, אֲפִלּוּ חָשַׁב לְהוֹצִיאוֹ בַּחַלּוֹן שֶׁהִיא אַרְבָּעָה עַל אַרְבָּעָה - הִצִּיל עַל הַפְּתָחִים כֻּלָּן, וְאֵין טָמֵא אֶלָּא כְּנֶגֶד הַפֶּתַח שֶׁנִּפְתַּח אוֹ שֶׁחָשַׁב עָלָיו, וְהַשְּׁאָר טְהוֹרִין, מִפְּנֵי שֶׁהֵן נְעוּלִין, וַהֲרֵי אֵין הַבַּיִת כְּקֶבֶר סָתוּם. וְכֵן אִם הִתְחִיל לַחְתּוֹר פֶּתַח לְהוֹצִיאוֹ בּוֹ - מִשֶּׁיַּחְתֹּר אַרְבָּעָה עַל אַרְבָּעָה, הִצִּיל עַל הַפְּתָחִים כֻּלָּן.
If there was a closed entrance and he intended to remove the corpse through it and began to open it, once he opens it, it saves all the other entrances. If the building had many windows, but they were all closed, they are all pure.14 If they are open, they all impart impurity, but they do not save the entrances.הָיָה שָׁם פֶּתַח סָתוּם וְחָשַׁב לְהוֹצִיאוֹ וְהִתְחִיל לְפָתְחוֹ - מִשֶּׁיַּתְחִיל לִפְתּוֹחַ, הִצִּיל עַל הַפְּתָחִים כֻּלָּן. הָיוּ בוֹ חַלּוֹנוֹת הַרְבֵּה, וְכֻלָּן מֻגָּפוֹת - כֻּלָּן טְהוֹרוֹת. נִפְתְּחוּ - כֻּלָּן טְמֵאוֹת, וְלֹא הִצִּילוּ עַל הַפְּתָחִים.
When there is a small entrance inside a large entrance,15 anything that covers either of them imparts impurity. If one intended to remove the corpse through the smaller entrance, the smaller entrance purifies the larger one.16 If they are both of equal size,17 anything that covers either of them imparts impurity. If one intended to remove the corpse through either of them, it purifies the other.פֶּתַח קָטָן בְּתוֹךְ פֶּתַח גָּדוֹל, הַמַּאֲהִיל עַל גַּבֵּי שְׁנֵיהֶם - טָמֵא; חָשַׁב לְהוֹצִיאוֹ בַּקָּטָן, טִהַר קָטָן אֶת הַגָּדוֹל. הָיוּ שְׁנֵיהֶן מַתְאִימִין - הַמַּאֲהִיל עַל גַּבֵּי שְׁנֵיהֶם, טָמֵא; חָשַׁב לְהוֹצִיאוֹ בְּאֶחָד מֵהֶן, טִהַר אֶת חֲבֵרוֹ.
If the building had one entrance in the north and one entrance in the south and one intended to remove the corpse through the northern entrance, that entrance imparts impurity. If, afterwards, the brother or the relatives of the deceased18 came and said: “We will remove it only from the southern entrance,” the southern entrance replaces and purifies the northern entrance provided one does not say so as a ruse.19 If he says so as a ruse, they both impart impurity.הָיָה לַבַּיִת פֶּתַח אֶחָד לַצָּפוֹן וּפֶתַח לַדָּרוֹם, וְחָשַׁב לְהוֹצִיאוֹ בַּצְּפוֹנִי, וְאַחַר כָּךְ בָּאוּ אֶחָיו אוֹ קְרוֹבָיו וְאָמְרוּ 'אֵין מוֹצִיאִין אוֹתוֹ אֶלָּא בַּדְּרוֹמִי' - טִהַר דְּרוֹמִי אֶת הַצְּפוֹנִי, וּבִלְבָד שֶׁלֹּא יַעֲרִים. וְאִם הֶעֱרִים - שְׁנֵיהֶן טְמֵאִים.
3The following rules apply when several houses open to an exedra20 and a corpse is located in one of the houses. If the usual practice was to remove the corpse through the exedra, the gateway21 and the houses become impure.22 If not,23 the gateway is impure and the houses are pure.24 If there is a closed room in a house25 and a corpse26 was brought into the room through an open window, the outer portion of the house27 is pure.28 The rationale is that the impurity goes back and departs through the same window that it entered.29גבָּתִּים הַפְּתוּחִין לְאַכְסַדְרָה, וְהַמֵּת בְּאֶחָד מֵהֶן: אִם הָיָה דַּרְכּוֹ שֶׁל מֵת לָצֵאת בֶּחָצֵר, הֲרֵי הַבֵּית שַׁעַר וְהַבָּתִּים טְמֵאִים (נ"א׃ בֵּית שַׁעַר טָהוֹר וְהַבָּתִּים טְמֵאִין); וְאִם לָאו - בֵּית שַׁעַר טָמֵא, וְהַבַּיִת טָהוֹר. הַחֶדֶר שֶׁלִּפְנִים מִן הַבַּיִת מֻגָּף, וְנִכְנְסָה טֻמְאָה לִפְנִים דֶּרֶךְ חַלּוֹן - הַבַּיִת הַחִיצוֹן טָהוֹר, מִפְּנֵי שֶׁהַטֻּמְאָה חוֹזֶרֶת וְיוֹצֵאת דֶּרֶךְ הַחַלּוֹן שֶׁנִּכְנְסָה בּוֹ.
4A grave30 does not impart impurity to the area around it31 unless there is empty space a handbreadth long, a handbreadth wide and a handbreadth high above the corpse. Should that condition be met, even if one built a structure over the space of one cubic handbreadth until the heavens, it imparts impurity in its entirety,32 because the entire structure is considered as a grave.דאֵין הַקֶּבֶר מְטַמֵּא מִכָּל סְבִיבָיו עַד שֶׁיִּהְיֶה שָׁם חָלָל טֶפַח עַל טֶפַח עַל רוּם טֶפַח. אֲפִלּוּ הִגְבִּיהַּ הַבִּנְיָן עַל גַּבֵּי חָלָל טֶפַח עַד לָרָקִיעַ - הַכֹּל טָמֵא, שֶׁהַכֹּל כְּקֶבֶר.
If the impurity was flush against the covering and there was not an empty space of a cubic handbreadth, the impurity pierces through and ascends and pierces through and descends. The only ones who are impure are those who touch the space above the impurity, stand over it from above, touch the space below it, or stand below it. If, however, one touches the side of the building, he is pure.הָיְתָה טֻמְאָה רְצוּצָה, וְלֹא הָיָה שָׁם חָלָל טֶפַח - טֻמְאָה בּוֹקַעַת וְעוֹלָה בּוֹקַעַת וְיוֹרֶדֶת. וְאֵין טָמֵא אֶלָּא הַנּוֹגֵעַ כְּנֶגֶד הַטֻּמְאָה מִלְמַעְלָה, אוֹ הַמַּאֲהִיל עָלֶיהָ מִלְמַעְלָה, אוֹ הַנּוֹגֵעַ כְּנֶגְדָּהּ מִלְּמַטָּה, אוֹ מַה שֶּׁהֶאֱהִיל עָלָיו מִלְּמַטָּה; אֲבָל הַנּוֹגֵעַ בְּצִדֵּי הַבִּנְיָן, טָהוֹר.
5This is a great general principle with regard to the impurity stemming from a corpse: If the impurity is flush with its covering, the impurity pierces through and ascends until the heavens and pierces through and descends until the depths, but does not impart impurity to those on the sides.הזֶה כְּלָל גָּדוֹל בְּטֻמְאַת מֵת׃ שֶׁכָּל דָּבָר הַמְטַמֵּא בָּאֹהֶל מִן הַמֵּת, אִם הָיָה רָצוּץ, שֶׁאֵין לוֹ חָלָל טֶפַח, הֲרֵי הַטֻּמְאָה בּוֹקַעַת וְעוֹלָה עַד לָרָקִיעַ, וּבוֹקַעַת וְיוֹרֶדֶת עַד הַתְּהוֹם, וְאֵינָהּ מְטַמְּאָה מִן הַצְּדָדִין.
What is implied? There is a heap of grain or a pile of stones33 with an olivesized portion of a corpse in its midst. There are keilim next to the source of impurity, but they are not touching it. Those keilim are pure, but any k’li in the pile that is directly above or below the impurity is impure, because the impurity pierces through and ascends and pierces through and descends. If there was empty space, a handbreadth long, a handbreadth wide and a handbreadth high above the corpse, it is considered as a closed grave and it imparts impurity from all sides.כֵּיצַד? כְּרִי שֶׁל תְּבוּאָה אוֹ גַּל שֶׁל אֲבָנִים, וּכְזַיִת מִן הַמֵּת בְּתוֹכוֹ, וְכֵלִים בְּצַד הַטֻּמְאָה וְאֵינָן נוֹגְעִין בָּהּ - כֵּלִים טְהוֹרִין; וְכָל כְּלִי שֶׁבְּתוֹךְ הַגַּל מְכֻוָּן כְּנֶגֶד הַטֻּמְאָה מִלְמַעְלָה אוֹ מִלְּמַטָּה - טָמֵא, שֶׁהַטֻּמְאָה בּוֹקַעַת וְעוֹלָה וּבוֹקַעַת וְיוֹרֶדֶת. וְאִם הָיָה מְקוֹם הַטֻּמְאָה חָלוּל טֶפַח עַל טֶפַח עַל רוּם טֶפַח - הוּא כְּקֶבֶר סָתוּם, וּמְטַמֵּא מִכָּל סְבִיבָיו.
6When a building was filled with earth or pebbles,34 it is as if the house no longer exists.35 It is like a pile of earth or pebbles. If there was a source of impurity36 in the midst of the earth, the impurity pierces through and ascends and pierces through and descends, but the keilim in the earth at its sides37 are pure.ובַּיִת שֶׁמִּלְּאוֹ עָפָר אוֹ צְרוֹרוֹת - הֲרֵי זֶה בִּטֵּל הַבַּיִת, וַהֲרֵי הוּא כְּגַל שֶׁל עָפָר אוֹ צְרוֹרוֹת. וְאִם הָיְתָה טֻמְאָה בְּתוֹךְ הֶעָפָר - בּוֹקַעַת וְעוֹלָה בּוֹקַעַת וְיוֹרֶדֶת, וְכֵלִים שֶׁבְּצִדֶּיהָ בְּתוֹךְ הֶעָפָר טְהוֹרִים.
7When impurity that was flush against its covering was in a wall and one rested a sukkah against the wall, the sukkah is impure.38 The rationale is that the wall became one of the sides of a structure containing a corpse. Although the sides of the structure would be pure when touched by a person if it did not have a roof,39 once a roof was placed over them, everything in the structure is impure, because the impurity is contained in the structure.40זטֻמְאָה שֶׁהִיא רְצוּצָה בְּכֹתֶל, וְסָמַךְ סֻכָּה לַכֹּתֶל - הַסֻּכָּה טְמֵאָה, שֶׁהֲרֵי נַעֲשָׂה הַכֹּתֶל צַד מִצִּדֵּי הָאֹהֶל, וְאַף עַל פִּי שֶׁהַצְּדָדִין טְהוֹרִים לַנּוֹגֵעַ אִלּוּ לֹא הָיָה עֲלֵיהֶן אֹהֶל. אֲבָל מִשֶּׁנַּעֲשָׂה עֲלֵיהֶן אֹהֶל - הָאֹהֶל כֻּלּוֹ טָמֵא, שֶׁהֲרֵי הַטֻּמְאָה בְּתוֹכוֹ.
Footnotes
1.
Thus indicating that it would not be used as an entrance in the future.
2.
I.e., anything under the overhang of its roof or under balconies projecting from it.
3.
See Halachah 4. Since the building is closed, it is considered as a structure built over a grave and any portion of it can impart impurity.
4.
As long as the doorframe is intact, it can be assumed that this will serve as the entrance to the building. Hence, only the area around it imparts impurity.
5.
It can be assumed that the corpse will be removed from the building through this entrance. Therefore even while the corpse is located in the building, the impurity departs through this entrance.
6.
Even if it is smaller than an olive-sized portion, e.g., a tiny fetus. Conversely, even if the corpse is that of a giant, this small measure is sufficient (see Eruvin 30a).
7.
More specifically, four handbreadths by four handbreadths.
8.
Since we do not know through which entrance the corpse will be removed, we operate under the assumption that it could be removed through any one of them. Therefore, the overhang over any of them imparts impurity to any person of object under it.
9.
Although the entrance is closed, since one intended to remove the corpse through it, its overhang imparts impurity [the Rambam’s Commentary to the Mishnah (Ohalot 7:4)].
As stated in the gloss of Rav Ovadiah of Bartenura, et al, the fact that thought is sufficient to change the status of the entrances indicates that this entire situation is based on a Rabbinic decree and according to Scriptural Law, none of the entrances impart impurity.
10.
This follows the opinion of the School of Hillel in the above mishnah. The School of Shammai requires that the decision be made before the person dies.
11.
And persons or objects under their overhangs do not contract impurity.
12.
Because one of the entrances is or will be opened. Hence, the impurity departs through it, as it were.
13.
Since the opening did not exist beforehand, thought is not sufficient to establish its presence and one must actually complete creating an opening of the minimum measure.
14.
Because it is unlikely that the corpse will be removed through a window. Hence unless one had the explicit intent to remove the corpse through a window, the window does not impart impurity (Rav Yosef Corcus, as quoted by the Kessef Mishneh). The Kessef Mishneh maintains that the Rambam is speaking about windows that are smaller than four handbreadths by four handbreadths. Since they are not the size of entrances, they do not save the doors. Were they to be that size, they would.
15.
Rabbenu Shimshon explains that often gateways would have a large entrance through which goods and merchandise could be brought. Within that larger entrance, there was also a smaller portal through which people would enter and depart. According to the Ra'avad's understanding, we are speaking about a small door that is next to a larger door.
16.
And only the overhang above the small entrance imparts impurity.
17.
The Ra’avad explains that this refers to two doors side by side with a doorpost in the middle. The Kessef Mishneh offers another interpretation.
18.
Indviduals closer to the deceased whose opinion could determine through which entrance he would be removed.
19.
I.e., the first individual should not make these statements to purify the objects to be placed near the southern entrance, nor should those who come later have the intent of purifying the objects to be placed near the northern entrance.
[According to certain opinions, the ruse could only be effective with regard to articles placed there after the decision to use another entrance was made. If articles were under the overhang of an entrance before a decision was made, they are impure even if shortly afterwards, the decision is made to remove the corpse through another entrance. We do not say that retroactively, it is considered as if this was the intent initially (see Beitzah 10a). On the other hand, others maintain that even retroactively, the status of the entrances is changed (see the gloss of Rav Yosef Corcus).]
20.
This refers to a patio-like structure of the Greek-Roman period with a roof in the center and a continuous bench along the side wall. At times, several houses would open up into the same exedra.
21.
According to the Kessef Mishneh, this term refers to the exedra, because it is like an entranceway to the houses. The Rambam’s ruling is based on the Tosefta (Ohalot 8:4). The Ra’avad questions the Rambam’s ruling. Although the Kessef Mishneh justifies the Rambam’s understanding, he has certain difficulties in the wording.
22.
Since the exedra is roofed, the impurity enters the other houses from it if their doors or windows are open.
23.
I.e., the house in which the corpse was located has another entrance that does not pass through the exedra and the deceased’s relatives desired to remove him through it.
24.
Seemingly, if the door of the house where the corpse is lying is closed, the exedra should not be impure. And if it is open, the other houses could also contract impurity. The Kessef Mishneh states that this is speaking about a situation where the door is closed. Nevertheless, the exedra contracts impurity, because it is a subsidiary of the house.
25.
I.e., the door connecting the room to the remainder of the house is closed.
26.
This translation of the term tum’ah is based on the gloss of the Ra’avad.
27.
The portion outside the room.
28.
Even though were the door of the room to be opened, the impurity would enter the house.
29.
Although generally, it is assumed that a corpse will not be taken out through a window, since in this instance, it was brought in through the window and the door is closed, we assume that it will be removed through that path as well (Kessef Mishneh).
30.
The translation of the term kever as grave in this context is somewhat misleading. Here we are speaking about a monument built over the corpse.
31.
I.e., the entire monument does not become impure.
32.
I.e., regardless of its size, the entire structure imparts impurity.
33.
In an open field. Diagram
34.
To the extent that there was not a cubic handbreadth of empty space [see the Rambam’s Commentary to the Mishnah (Ohalot 15:7)].
35.
The laws of a building no longer apply to it (ibid.).
36.
I.e., a portion of a corpse.
37.
That are not touching it.
38.
I.e., imparts impurity to humans, food, and keilim in it.
39.
For the portion of the corpse is flush with its covering. Hence, as explained in the previous halachot, it would not impart impurity from its sides.
40.
Since the wall is part of the structure, everything in the structure is impure.
The Rambam’s ruling is based on his understanding of Ohalot 7:1. The Ra’avad has a different conception of that mishnah and hence, differs with the Rambam here. The Kessef Mishneh explains the Rambam’s position. Diagram
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.
