Tum'at Met - Chapter 24

The jugs must be pure because, as explained previously (Chapter 13, Halachah 4), an impure k’li does not intervene in the face of ritual impurity.

This addition is made on the basis of the Rambam’s Commentary to the Mishnah (Ohalot 6:2). All of the principles mentioned apply only with regard to earthenware containers.

Because an earthenware container does not contract impurity from its outer surface, only from its inner space (Chapter 1, Halachah 5).

Because they contract impurity, and an impure k'li does not intervene in the face of impurity.

The portion of the house which is pure.

The portion which is impure.

Because it is considered as an independent entity.

I.e., the dividers extend vertically from the ceiling to the ground.

I.e., the dividers extend horizontally from one wall to the other wall.

For the partition creates an ohel and thus prevents the spread of impurity throughout the house [the Rambam’s Commentary to the Mishnah (Ohalot 15:4)].

Since the impurity has no way to depart from the house except through the partition, it will pass through the partition as it departs.

See Chapter 20, Halachah 1.

I.e., impurity will only enter an area that is a cubic handbreadth in size. Hence if the place where the keilim are kept is of this size, it is considered as a separate entity (Kessef Mishneh). There is a difference between the laws applying in this instance and those which apply in Halachah 4, because here we are speaking about a partition in one house and there we are speaking about a partition between two houses.

For then the place where the keilim are kept will be considered as part of the wall and not as a separate entity (Kessef Mishneh).

Chapter 20, Halachah 6. In contrast to this halachah, there the Rambam speaks of an instance where the entrance to the house is above the partition.

Since the entire house is filled and there is not even a cubic handbreadth of open space, it is no longer considered as an ohel.

For the impurity will seek to depart through the entranceway and will make any keilim found in the open space through which it departs impure.

For they are considered to be in a separate ohel. Even though the straw will be removed as the Rambam proceeds to state, a temporary ohel is sufficient to protect entities from contracting impurity.

This follows the logic the Rambam states in the following clause: Since the straw will ultimately be removed, it does not intervene and prevent the impurity from spreading and making the keilim impure.

In which instance, the house is considered as an ohel.

Even though it could be considered as an ohel, in which instance, its contents would be protected from the impurity.

Hence it is considered as if it was already removed and it does not prevent the impurity from spreading. Note parallels in Hilchot Eruvin 3:12, Hilchot Sukkah 4:13.

This is speaking about an instance where there is not a cubic handbreadth of empty space around the impurity. Were that to be the case, it would be considered as a closed grave and would impart impurity on all sides (Chapter 7, Halachah 4).

I.e., distant from the impurity.

In his Commentary to the Mishnah (Ohalot 6:4), the Rambam emphasizes that although the keilim are not exposed to the impurity, they are not protected because they are not closed with a sealed covering or in a distinct ohel. See also Chapter 20, Halachah 5.

As evident from the contrast to Halachah 8, here we are speaking about a structure of cement and the like built as a roof. Different laws apply to a roof of beams as stated there.

In his gloss to the final halachah in this chapter, the Ra’avad questions why the impurity does not pierce through the ceiling and cause the person standing under it to become impure. The Kessef Mishneh explains that a ceiling is governed by different rules than beams. Since it is part of the structure of the house, it is not considered as an independent entity and the impurity is contained within it.

And the roof intervenes and prevents the impurity from spreading upward.

If, however, he is not directly above the impurity, he is not impure.

This rationale applies in other halachic contexts as well, e.g., Hilchot Rotzeach 9:8 (Kessef Mishneh). That fact that this is seen as a general issue, not necessarily specific to the laws of impurity, resolves the issues raised by the Ra’avad in his gloss to this halachah.

In his Commentary to the Mishnah (Ohalot 6:6), the Rambam defines this term, contrasting it with the term used in the following halachah, “a structure that serves a wall.” The term used in this halachah, he explains, refers to a wall that was built above ground to support a roof built upon it.

I.e., the status of the house depends on the half of the wall in which the impurity is located.

I.e., it protrudes into the wall rather than rests on top of it.

I.e., it does not have a cubic handbreadth of open space around the impurity. Refer to the statements above, note 23. Diagram

Since the impurity is flush, there is reason to think that a person standing on the wall is impure, because the impurity would pierce through upward to the heavens. Nevertheless, since it spreads out in the house, it is considered as if it is located in the house and it does not spread upward [the Rambam’s Commentary to the Mishnah (loc. cit.:4)].
If there are additional stories built over this structure, those stories are pure (in contrast to the situation described in Chapter 25, Halachah 3).

As stated in the notes to the previous halachah, since the impurity spreads throughout the house, it is contained within it and does not spread to the roof.

The commentaries have questioned the difference between this ruling and the ruling in the previous halachah concerning impurity located in the halfway point of a roof.

I.e., the person’s deeds affect the status of the house.

Since, as stated originally, the top of the wall is above the house, the impurity has no connection to the house at all.

In his Commentary to the Mishnah (loc. cit.:6), the Rambam explains that this refers to an instance where the basis for the structure existed naturally and the wall is created by hewing out stone or earth.

In the above source, the Rambam refers to Bava Batra 6:8 which states that in the Talmudic era, it was common to dig burial caves which contained several graves, each the size of a human body. This halachah is speaking about the walls between the graves or the walls between the burial caves.

I.e., in contrast to the situation described in the previous halachah, as long as there is any portion of the wall covering either the impurity or the keilim, they are considered as enclosed in the wall and set off from the structure. The rationale appears to be that, since the wall was not built for the sake of the house, but existed beforehand, it is considered as an independent entity. See the Rambam’s Commentary to the Mishnah (op. cit.).

Since the wall was built for the purpose of creating the house and is dependent on it, its contents can be considered as being within the structure (ibid.).

Rav Yosef Corcus explains that the portion of the wall that was rock was very thin and hence, it was reinforced by the construction. Since the functional aspect of the wall depends on the construction, its contents can be considered as being within the structure.

Since the beams are distinct entities, they are not considered as dependent on the house (in contrast to the ceiling mentioned in Halachot 4 and 6). Hence, impurity found within them is governed by different rules.

Because it would be considered as a closed grave. See note 23.

In his Commentary to the Mishnah (Ohalot 6:5), the Ram bam states that this is speaking about a situation where there is a barrier of glass or the like under the impurity. Since the impurity can be seen, it is considered as if it was within the inner space of the house.

Here also the Ra’avad differs, for seemingly the impurity should be considered as flush. In this instance as well, the Kessef Mishneh explains that since the wall serves the house, it is possible that the impurity could be considered as contained within the house.