Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
The measure for impurity for tzara’at on humans and on garments is a gris (Chapter 1, Halachah 7). For houses, the measure is twice this size. The Sifra derives this concept as follows: With regard to tzara’at that affects houses, Leviticus 14:37 states: “And he shall see the blemish and behold the blemish.... “ The repetition of the term indicates that two measures are required [see the Rambam’s Commentary to the Mishnah (Nega’im 12:3)].
As stated in Chapter 1 there.
See the description of these hues in Chapter 12, Halachah 1.
Leviticus 14:37, 39.
I.e., if a portion of the two grisim is intense red and another portion, intense green, it is considered to be of the minimum measure to impart impurity.
Note the parallels to the spread of afflictions on garments described in Chapter 12, Halachah 4.
See Chapter 15, Halachah 2.
Thus they are parallel to tzara’at afflictions for humans which must be “deep, [under the surface] of the skin” (Chapter 1, Halachah 6).
I.e., intense red or green.
The Rambam is quoting Leviticus 14:35. As stated in Chapter 9, Halachah 2, the determination of whether a blemish is impure or not is dependent on a priest.
So that they will not be deemed impure.
I.e., even articles of little value.
I.e., one without windows.
Nor is a candle used to inspect it. Instead, the inspection is carried out according to the light available to a person in the house [Mo’ed Kattan 8a, cited by the Rambam in his Commentary to the Mishnah (Nega’im 2:3)].
The Biblical prooftext and, similarly, Nega’im 12:6, the Rambam’s source, mentions these concepts only with regard to isolating the house. However, the Rambam understands that they apply to any ruling made by a priest with regard to the status of a house.
The Mishneh LeMelech emphasizes that these rulings clarify the Rambam’s understanding of the term segirat habayit which we have translated as the isolation of the house, although literally, the term means “the closing of the house.” Although there are authorities who maintain that the concept should be taken literally, the priest should actually close the house to entry, the Rambam does not rule that way. Instead, he understands the term as referring merely to delivering a ruling on the status of the house.
In his Commentary to the Mishnah (Nega’im 12:1), the Rambam quotes the Sifra which derives this requirement from Leviticus 14:34: “I will place a tzara’at blemish in a house in the land of your heritage.”
See Halachah 8.
A house less than this size is not considered as a house in many Halachic contexts. See, for example, Hilchot Mezuzah 6:2; Hilchot Shabbat 28:2; Hilchot Shechenim 1:4, et al.
I.e., it has any number of walls more or less than four.
Rabbi Akiva Eiger draws attention to Hilchot Mezuzah 6:9 which states that a house built on a ship is not considered as a house with regard to the obligation to affix a mezuzah. See also Hilchot Bikkurim 2:9 which states that crops growing on a ship are not considered to have grown “in your land.”
From the Rambam’s Commentary to the Mishnah (op. cit.), it appears that this refers to a structure built on beams that project from another building
In his Commentary to the Mishnah (op. cit.), the Rambam does not interpret this as referring to a house with a floor built on pillars, but to four pillars implanted into the earth with a roof built over them. Although it is open on all four sides, it is considered as a house in this context.
See Halachah 1.
I.e., the plural term indicates that at least two stones must be blemished.
Our translation is based on the Rambam’s Commentary to the Mishnah (Nega’im 12:4). There he explains that when a wall is made with broken stones, the space between one half and the other is filled with earth.
Our text is based on authentic manuscripts and early printings of the Mishneh Torah. The standard printed text (based on the gloss of the Kessef Mishneh and also Nega’im 12:2, the Rambam’s source) uses the term levanim, “bricks,” instead.
I.e., all four walls must be susceptible to ritual impurity due to blemishes (Rav Yosef Corcus).
Even if the blemish remained. Since it was not susceptible to impurity when the blemish was originally discovered, it does not contract impurity afterwards. Note a parallel in Chapter 12, Halachah 11.
I.e., they are serving as a roof.
I.e., instead of being considered as food, which is not susceptible to such severe impurity, they are considered as part of the building.
See Chapter 16, Halachah 1.
I.e., Eretz Yisrael, thus excluding the Diaspora.
All of the other cities in Eretz Yisrael are located in the ancestral heritage of a particular tribe. That is not true of the city of Jerusalem. As such, it is not considered as “in the land of your ancestral heritage.” Note other parallel rulings in Hilchot Beit HaBechirah 7:14.
This is also derived from the above prooftext, because a house owned by gentiles is not part of “your ancestral heritage” [the Rambam’s Commentary to the Mishnah (Nega’im 12:1), based on the Sifra to the above verse].
Even if there was a blemish manifest there beforehand, it is not significant until the house passes into the ownership of a Jew.
I.e., for a house to contract impurity due to blemishes, the walls do not have to be white [the Rambam’s Commentary to the Mishnah (Nega’im 11:3)]. Note the contrast to all types of colored clothes which are not susceptible to impurity because of blemishes, as stated in Chapter 12, Halachah 10, and leather garments which, as stated in Chapter 13, Halachah 1, are not susceptible to impurity because of blemishes if colored naturally.
Since the Torah passages describing this impurity are all stated in the masculine, it is necessary to emphasize that a house owned by a woman is also susceptible to this impurity (Yoma 11a).
Since these houses are not owned by a specific individual, one might think that they are not “a house in the land of your ancestral heritage” (ibid.).
For a building that does not serve as a dwelling is not susceptible to the impurity stemming from a blemish. See Yoma, loc. cit.
In his Commentary to the Mishnah (Nega’im 12:4), the Rambam explains that this is referring to walls built to provide shade for animals in a barn.