Biat Hamikdash - Chapter 4

The Radbaz states that the words “in the Temple” are not an exclusion. Instead, in the era when offerings were brought on private altars, this law also applied to a priest bringing an offering on such an altar.

As stated in the conclusion of the last chapter, one is liable for karet for tarrying in the Temple Courtyard even if he does not perform service. Halachah 3 describes how it is possible to perform service without tarrying in the Temple Courtyard.

Sefer HaMitzvot (negative commandment 75) and Sefer HaChinuch (mitzvah 278) include this charge as one of the 613 mitzvot of the Torah.

In reference to Terumah.

See Hilchot Sanhedrin 18:1. If he receives lashes from an earthly court, he is absolved of the punishment from above.

In Hilchot Sanhedrin 18:6, the Rambam quotes the wording of Sanhedrin Sib: “The young priests would take him out.... “

The Radbaz relates that if the priests did not interrupt him in the middle of his service and seize him, but instead, allowed him to complete his service and leave the Temple on his own initiative, they are not allowed to administer this punishment to him. All they can do is bring him to the court.

I.e., beyond the Women’s Courtyard and the surrounding rampart, because a corpse is not allowed in these areas according to Rabbinic Law. Alternatively, because it is only a Rabbinic stricture, it was not imposed in such an instance.

The Radbaz elaborates in explaining why this punishment can be given. He explains that although there is no legal license for it, there are instances (see Hilchot Sanhedrin 24:4), where he states that at times punishments are given with no legal basis. By serving in the Temple, the priests offer their tacit acquiescence to such action being taken.

For if he contracted impurity outside the Temple Courtyard, he is liable for karet as soon as he enters, as stated in Chapter 3, Halachah 12.

In which instance, he is not liable for karet, as explained at the conclusion of the previous chapter.

See Chapter 9, Halachah 4, for more particulars concerning this act.

And offering the limbs on the fire of the altar is part of the Temple service.

As explained in the notes to the previous chapter, until nightfall he is still considered as impure. The Ra’avad questions the Rambam’s ruling, noting that according to the Rambam, a person who entered the Temple on the day he immersed is liable for karet for the entry alone. Thus he asks: Why is it necessary to speak of a second obligation for karet? He explains that it could be speaking about a person who was standing outside the Temple Courtyard and moved limbs on the Altar using a long pole. The Kessef Mishneh resolves the difficulty by distinguishing between karet and death at the hand of heaven, for karet is a more severe punishment.

See Sanhedrin 83b for an explanation for how this prohibition is derived from this prooftext. Sefer HaMitzvot (negative commandment 76) and Sefer HaChinuch (mitzvah 265) include this prohibition as one of the 613 mitzvot of the Torah.

The Rambam adds this explanation to differentiate between a person who immersed in the mikveh, but must wait until sunset and one who has not completed his atonement process. The latter individuals are considered as pure, even though they may not enter the Temple.

I.e., a zav, zavah, or the like who must bring a sacrifice before becoming ritually pure.

The Kessef Mishneh questions this ruling, noting that in Hilchot Sanhedrin 19:2, the Rambam mentions one who serves despite the fact that his atonement process is not completed as among those who are liable for death at the hand of heaven and whose offence is punishable by lashes. This is also evident from Chapter 9, Halachah 11. The Ra’avad also quotes Talmudic sources that indicate that such a person is liable. The Kessef Mishneh explains that the questions raised by the Ra’avad can be resolved, but the apparent contradiction in the Rambam’s own rulings remains difficult.

I.e., a zav, zavah, and one afflicted with tzara’at.

To even one person.

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, to the extent that it is 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 about.”

The Mishnah (Pesachim 80b) states this concept with regard to the Paschal sacrifice (see Hilchot Korban Pesach 4:2). The Rambam extrapolates that the law applies to all sacrifices.

The Kessef Mishneh notes that the Rambam’s words imply that as an initial preference, such a priest should not sprinkle the blood. Only after the fact, it is acceptable. In Hilchot Korban Pesach 6:11, however, the Rambam rules that a person who becomes impure due to impurity [likened to] the depths may offer a sacrifice as an initial preference. The Kessef Mishneh explains that a distinction can be made between the two instances, because the Paschal sacrifice is an immediate obligation, while other sacrifices may be offered by other people at other times. Moreover, failure to offer the Paschal sacrifice is more severe, as indicated by the fact that it is punishable by karet.

I.e., the blood and the other portions of the sacrifices offered on the altar. See Hilchot Pesulei HaMukdashim 1:34.

I.e., communal sacrifices that are offered at a fixed time should be offered even if there is impurity involved, as explained in the following halachot.

There is a difference of opinion concerning this matter in Yoma 7b and the Rambam accepts the opinion of Rabbi Yehudah. The commentaries have noted that this could be understood as a contradiction to his ruling in Halachah 15. Nevertheless, there are other approaches to that passage which allow the two rulings to coexist.

I.e., offering a sacrifice involves the violation of certain Sabbath prohibitions. As the Rambam proceeds to state, sacrifices that must be brought at a set time may nevertheless be offered, but not those which do not have a set time.

I.e., the chavitin offering of the High Priest, the bull he brings on Yom Kippur, or the Paschal sacrifices.

For the fundamental concept was derived from the Biblical story (Numbers, ch. 9) concerning the people who approached Moses to offer the Paschal sacrifice and they were impure because of contact with a human corpse.

I.e., all of the communal sacrifices that are brought from the money collected for the communal sacrifices. There are certain atonement offerings, the bull offered when the people at large err with regard to a Scriptural prohibition, and the goat offered when they err with regard to the prohibition against idolatry. These, unlike the other communal sacrifices, are not offered at a specific time.

And if they are not offered at this time, they may not be offered afterwards (Kessef Mishneh).

With the exception of the Paschal sacrifice, as explained in Hilchot Karban Pesach 7:8. For the Paschal sacrifice was ordained primarily for the purpose of the people partaking of it (Pesachim 7:5).

For the primary purpose of these sacrifices is for them to be offered on the altar.

Pesachim 76a mentions five communal sacrifices that are ordinarily eaten: the omer offering of barley, the two breads offered on Shavuot, the showbread, the communal peace offerings, and the goat offered on Rosh Chodesh.

Rabbi Akiva Eiger asks why a communal sacrifice would not be eaten if it was offered by an impure priest who did not touch it and did not cause it to become impure. He notes, however, that the Rambam’s wording implies that such a sacrifice should not be eaten.

See Hilchot Pesulei HaMukdashim, ch. 19.

Half is not sufficient (Pesachim 79a).

This applies only with regard to the Paschal sacrifice, for it must be eaten by the people at large. With regard to the other communal sacrifices, it does not make any difference whether or not the people at large are impure.

As indicated by Halachah 14, this refers to the priests who were present in Jerusalem at the time the sacrifices had to be offered. If there were a majority of priests who were ritually pure, but they were not present in Jerusalem at the time when the sacrifice was to be offered, they are not counted in the reckoning.

I.e., with regard to the Paschal sacrifice, a person who is pure should not say: “Since I am pure, I should not share my sacrifice with those who are impure.” Instead, the sacrifices should be offered and eaten together (see Radbaz; Kessef Mishneh).

I.e., if their entry would in some way contribute to the sacrifice being offered properly (Radbaz).

See Chapter 3, Halachah 12.

As stated in Halachah 1 of this chapter.

They are, however, exempt from punishment if they partake of the Paschal sacrifice in this state of impurity if the majority of the people are ritually impure because of contact with a human corpse (Pesachim 95b).

Although this law also applies with regard to other communal sacrifices, the Paschal sacrifice is mentioned, because it is the only instance when there would be a large throng of people in the Temple Courtyard.

Needless to say, they are forbidden to do so (Radbaz), for the activities involved in the offering of the Paschal sacrifice are carried out only in the Temple Courtyard and not in the Sanctuary itself.

There is a question concerning this issue in Pesachim 95b. Hence, an earthly court may not punish them with lashes. The question of whether they would be liable for death at the hand of Heaven is also not resolved on this plane. Since the judgments of the heavenly court are dependent on the judgments of the earthly courts, it is possible to say that the judgment is held in abeyance there as well.

See Hilchot K’lei HaMikdash 4:11 for a definition of this term.

As long as it is possible to offer the sacrifices in a state of purity, we do not offer them while impure.

For the reason stated in the following halachah.

And even from another watch (Kessef Mishneh).

The Rambam is explaining a difference of opinion between the Sages in Yoma 6b. One Sage maintains that the prohibition against ritual impurity is hutra, released entirely, with regard to communal sacrifices. The other opinion is that the prohibition is dichuya, i.e., as the Rambam explains, though superseded by the obligation to offer the sacrifices, the prohibition continues to exist and must be respected to the fullest degree possible. Similar concepts also apply with regard to the Sabbath prohibitions being overridden by questions of life and death. See the Kessef Mishneh to Hilchot Shabbat 2:1.

As stated in Halachah 7.

The passage relates that after Moses communicated the command to offer the Paschal sacrifice, several individuals who were impure because of contact with a corpse came to him and asked for an opportunity to offer the Paschal sacrifice. Moses relayed their question to God Who answered that they - and all other individuals who are impure at the time the Paschal sacrifice must be offered - may bring such a sacrifice a month later on Pesach Sheni. Implicit in that command is, as the Rambam proceeds to explain, that the license to offer a sacrifice on Pesach Sheni was granted only to individuals. If the majority of the Jewish people become impure, they must offer the Paschal sacrifice on the first Pesach in a state of impurity.

See Hilchot Korban Pesach 7:12.

Pesachim 77a explains the derivation of this concept as follows: With regard to the Pesach sacrifice, Numbers 9:2 states that it should be offered “at its appointed time,” which our Sages interpret as meaning” ‘at its appointed time,’ even on the Sabbath, even in a state of ritual impurity.” Now since Numbers 29:39 uses the term “at their appointed time” in reference to other communal sacrifices, we understand that the same concepts apply to them as well.

King Yechizkiyahu assumed the throne after the rule of Achaz, an idolatrous sinner. After years when the people had been led astray, Yechizkiyahu inspired them to repent. He invited all the people to offer the Paschal sacrifice. Unfortunately, a sufficient number of priests had not purified themselves and also, the people were somewhat slow in responding. To enable the Paschal sacrifice to be offered by as many people as possible, he had a leap year declared, so as to give them an extra month.

I.e., one should not infer that the error was that they partook of the sacrifice while ritually impure (Kessef Mishneh).

I.e., they delayed its offering by a month, by declaring a leap year.

Despite the addition of this month, the majority of the people who came to Jerusalem were ritually impure. Hence, the prohibitions against impurity had to be overridden (see Rav Yosef Corcus).

Chapter 4, Halachah 6.

For the preference is to offer the sacrifices in a state of ritual impurity.

Chapter 4, Halachah 14. Instead, the leap year should be declared earlier, indeed, preferably months before.

I.e., the minority who did, for the majority did not, as stated above (Kessef Mishneh).