Halacha
הלכה א
מִצְוַת עֲשֵׂה לְשַׁלֵּחַ כָּל הַטְּמֵאִים מִן הַמִּקְדָּשׁ שֶׁנֶּאֱמַר (במדבר ה ב) "וִישַׁלְּחוּ מִן הַמַּחֲנֶה כָּל צָרוּעַ וְכָל זָב וְכל טָמֵא לָנָפֶשׁ":
כסף משנה
1.
It is a positive commandment to send all impure persons away from the Temple,1Sefer HaMitzvot (positive commandment 31) and Sefer HaChinuch (mitzvah 362) include this commandment among the 613 mitzvot of the Torah. as [Numbers 5:2] states: "And they shall send away from the camp all those with tzara'at and zav2A physical affliction somewhat similar to gonorrhea that renders one ritually impure. [afflictions] and all those who are impure because of contact with a corpse.הלכה ב
זֶה הַמַּחֲנֶה הָאָמוּר כָּאן הוּא מַחֲנֵה שְׁכִינָה שֶׁהוּא מִפֶּתַח עֶזְרַת יִשְׂרָאֵל וְלִפְנִים. שׁוֹמֵעַ אֲנִי שֶׁהַמְצֹרָע וְהַזָּב וּטְמֵא מֵת שְׁלָשְׁתָּן בְּמָקוֹם אֶחָד. תַּלְמוּד לוֹמַר בִּמְצֹרָע (ויקרא יג מו) "בָּדָד יֵשֵׁב מִחוּץ לַמַּחֲנֶה מוֹשָׁבוֹ" זֶה מַחֲנֵה יִשְׂרָאֵל שֶׁהוּא מִפֶּתַח יְרוּשָׁלַיִם וּלְפָנִים. מָה מְצֹרָע שֶׁטֻּמְאָתוֹ חֲמוּרָה חָמוּר שִׁלּוּחוֹ מִשִּׁלּוּחַ חֲבֵרוֹ. אַף כָּל שֶׁטֻּמְאָתוֹ חֲמוּרָה חָמוּר שִׁלּוּחוֹ מִשִּׁלּוּחַ חֲבֵרוֹ. לְפִיכָךְ מְשַׁלְּחִין אֶת הַמְצֹרָע חוּץ לִשְׁלֹשָׁה מַחֲנוֹת שֶׁהוּא חוּץ לִירוּשָׁלַיִם. מִפְּנֵי שֶׁהוּא מְטַמֵּא בְּבִיאָה. מַה שֶּׁאֵין הַזָּב מְטַמֵּא:
כסף משנה
2.
"The camp" cited refers to "the camp of the Divine presence," i.e., from the entrance to the Courtyard of the Israelites onward.3See Hilchot Beit HaBechirah 7:11 which states:The [encampment of the Jewish people] in the desert [was divided into] three areas:
the camp of Israel... the camp of the Levites about which [Numbers 1:50] states: "They shall camp around the Sanctuary;", and the camp of the Shechinah [which included the area] beginning at the entrance to the courtyard of the Tent of Meeting inwards.
Correspondingly, for [future] generations: [The area] from the entrance to Jerusalem to the Temple Mount is comparable to the camp of Israel. [The area] from the entrance to the Temple Mount until the entrance to the Temple Courtyard, the gate of Nicanor, is comparable to the camp of the Levites. And [the area] from the entrance to the Temple Courtyard inward, is comparable to the camp of the Shechinah.
See also the Rambam's Commentary to the Mishnah (Keilim 1:8). Should one infer that a person with tzaraat or zav ailments and one impure due to contact with a corpse are all three sent to the same place? With regard to one inflicted with tzara'at, [Leviticus 13:46] states: "He shall abide alone outside the camp where he dwells." [The camp from which he is sent] refers to the camp of the Israelites which parallels the area from the entrance to Jerusalem and beyond.4The verse implies that he must abide in a place where others do not dwell. [From this we conclude,]5The Sifra understands this to be an example of the principle of Biblical exegesis: A subject (a person impure because of tzara'at) was included in a general category (impure people) and then was singled out to teach us a new law (that he must dwell separate from all others). This does not only teach us about this instance, but about the entire category (that there are distinctions in the extent people with impurity must distance themselves). just like a person who is afflicted with tzara'at, because his impurity is more severe, is sent away in a more severe manner than others,6For in no other instance is an impure person required to depart from the camp of the Israelites. See also Halachah 8. so too, any individuals whose state of impurity is more severe than others should be sent out in a more severe manner.7Thus as the Rambam proceeds to explain in the following halachot, there are differences in the extent people with various types of impurities are forced to distance themselves.
Therefore a person afflicted with tzara'at is sent outside of all three camps, i.e., outside of Jerusalem. [His impurity is considered more severe,] because he causes [a house] to be considered impure when he enters it.8Hilchot Tuma'at Tzara'at 10:12. This does not apply with regard to a zav.
הלכה ג
וּמְשַׁלְּחִין זָבִין וְזָבוֹת נִדּוֹת וְיוֹלְדוֹת חוּץ לִשְׁתֵּי מַחֲנוֹת שֶׁהוּא חוּץ לְהַר הַבַּיִת. מִפְּנֵי שֶׁהֵן מְטַמְּאִין הַמִּשְׁכָּב וְהַמּוֹשָׁב אֲפִלּוּ מִתַּחַת הָאֶבֶן מַה שֶּׁאֵין הַמֵּת מְטַמֵּא:
כסף משנה
3.
Men with a zav condition,9A physical affliction somewhat similar to gonorrhea that renders one ritually impure. women with a zavah condition,10I.e., they experience vaginal bleeding at times other than their ordinary monthly cycle. This causes them to be considered ritually impure. niddot,11Women who are impure because of menstrual bleeding. and women who gave birth12This - or a miscarriage - renders a woman as ritually impure. are sent outside two camps, i.e., outside the Temple Mount.13Since there is an added dimension to the severity of their impurity, they must distance themselves in a more severe manner. [The rationale for this severity is that] they cause an entity upon which they are seated or upon which they are lying to become ritually impure,14See Hilchot Metamei Mishkav UMoshav 1:1. even if it is under a stone.15See ibid. 6:5, 7:1, which explains that even if there is a stone - which itself never contracts ritual impurity - intervening between the person's body and the entity, the entity becomes impure. [This does not apply] with regard to impurity [contracted] from a corpse.16See Hilchot Tuma'at Meit 5:14.הלכה ד
טְמֵא מֵת אֲפִלּוּ הַמֵּת עַצְמוֹ מֻתָּר לְהִכָּנֵס לְהַר הַבַּיִת שֶׁנֶּאֱמַר (שמות יג יט) "וַיִּקַּח משֶׁה אֶת עַצְמוֹת יוֹסֵף עִמּוֹ" עִמּוֹ בְּמַחֲנֵה הַלְּוִיָּה:
כסף משנה
4.
A person who is impure because of contact with a human corpse - and even a corpse itself - is permitted to enter the Temple Mount. [This is derived from Exodus 13:19]: "And Moses took the bones of Joseph with him."17Joseph had asked the Jewish people to bring his body from Egypt to be buried in Eretz Yisrael. Moses brought his body with him from Egypt, transporting it on the entire journey through the desert. "With him" [implies] into the camp of the Levites.18For that is where Moses had his personal dwelling.הלכה ה
הַחֵיל מְשַׁלְּחִין מִמֶּנּוּ עַכּוּ''ם וּטְמֵאֵי מֵת וּבוֹעֲלֵי נִדּוֹת. אֲבָל טְבוּל יוֹם נִכְנַס לְשָׁם שֶׁכְּבָר טָבַל:
כסף משנה
5.
From the chayl,19The rampart surrounding the walls of the courtyard (see Hilchot Beit HaBechirah 5:3). gentiles, those who contracted impurity from a human corpse, and those who had relations with a niddah20For through that act, the man also becomes ritually impure. are sent away.21This is a Rabbinic restriction. According to Scriptural Law, these places are not on a different rung of holiness than the other portions of the Temple Mount. This and the restrictions mentioned in the next two halachot are also found in Hilchot Beit HaBechirah 7:16-18. A person who immersed that day may enter there, for he has already immersed.22When a person must immerse himself to ascend from ritual impurity, according to Scriptural Law, he does not achieve that status until nightfall. Nevertheless, since he has already immersed, our Sages relaxed this and several other of the prohibitions that they had placed upon such individuals.הלכה ו
עֶזְרַת הַנָּשִׁים מְשַׁלְּחִין מִמֶּנּוּ טְבוּל יוֹם אֲבָל לֹא מְחֻסַּר כִּפּוּרִים. שֶׁמְּחֻסַּר כִּפּוּרִים הֶעֱרִיב שִׁמְשׁוֹ. וְאָסוּר טְבוּל יוֹם בְּמַחֲנֵה לְוִיָּה מִדִּבְרֵי סוֹפְרִים:
כסף משנה
6.
From the Women's Courtyard,23A square courtyard outside the Temple Courtyard, as described in Hilchot Beit HaBechirah 5:7-9. one who immersed himself that day is sent away,24For he is still impure, as stated in Chapter 4, Halachah 4. but not one who has not completed the purification process.25This term refers to a zav,, a zavah, a woman who gave birth or miscarried, or a convert, who even after immersing themselves in the mikveh, must bring a sacrifice before their purification process is complete. See Hilchot Mechusrei Kapparah 1:1. For [the day on which] a person who has not completed the purification process [immersed himself] has already passed.26The Sifri brings proof that one who has not yet completed the purification process is in a different category than a person who has immersed himself from the fact that the former is permitted to partake of terumah, while the latter is not. The prohibition against a person who has immersed himself entering [this portion of] the camp of the Levites is Rabbinic in origin.27Zevachim 32b relates that this restriction was imposed by Yehoshefat, King of Judah.הלכה ז
מֵעֶזְרַת יִשְׂרָאֵל וּלְפָנִים אֲפִלּוּ מְחֻסַּר כִּפּוּרִים לֹא יִכָּנֵס לְשָׁם שֶׁעֲדַיִן לֹא טָהַר טָהֳרָה גְּמוּרָה שֶׁנֶּאֱמַר (ויקרא יב ח) "וְכִפֶּר עָלֶיהָ הַכֹּהֵן וְטָהֵרָה" מִכְּלַל שֶׁעֲדַיִן לֹא גָּמְרָה טָהֳרָתָהּ:
כסף משנה
7.
From the Courtyard of the Israelites28The first eleven cubits of the Temple Courtyard (see Hilchot Beit HaBechirah 5:11). This area begins "the camp of the Shechinah" into which all of those who are impure may not enter according to Scriptural Law. and onward even one who has not completed his process of purification should not enter, because his process of purification is not yet consummated. [This is evident from Leviticus 12:8 which, with regard to a woman who seeks purification after childbirth,]29And from this example, we extrapolate with regard to others in that category. states: "And the priest will bring atonement for her and she will become pure." One can infer that until then, she was not pure.30Even though she had already immersed herself. Hence, she and others in the same category may not enter an area which is reserved for those who are ritually pure. This is a Scriptural restriction.הלכה ח
הַטָּמֵא הַמְשֻׁלָּח מֵהַר הַבַּיִת אִם נִכְנַס עוֹבֵר בְּלֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (דברים כג יא) "וְיָצָא מִחוּץ לַמַּחֲנֶה" זֶה מַחֲנֵה שְׁכִינָה (דברים כג יא) "וְלֹא יָבֹא אֶל תּוֹךְ הַמַּחֲנֶה" זֶה מַחֲנֵה לְוִיָּה. וְכֵן מְצֹרָע שֶׁנִּכְנַס לִירוּשָׁלַיִם לוֹקֶה. אֲבָל אִם נִכְנַס לִשְׁאָר הֶעָרִים הַמֻּקָּפוֹת חוֹמָה אַף עַל פִּי שֶׁאֵינוֹ רַשַּׁאי לְפִי שֶׁנֶּאֱמַר (ויקרא יג מו) "בָּדָד יֵשֵׁב" אֵינוֹ לוֹקֶה:
כסף משנה
8.
An impure person who [must be] sent away from the Temple Mount, violates a negative commandment31Sefer HaMitzvot (negative commandment 78) and Sefer HaChinuch (mitzvah 565) include this commandment among the 613 mitzvot of the Torah. Its violation is punishable by lashes. if he enters there, as [can be inferred from Deuteronomy 23:11 which] states: "And he shall go outside the camp" - this refers to the camp of the Shechinah - "and he shall not enter the midst of the camp" - this refers to the camp of the Levites.32Which, as mentioned above, parallels the camp of the Levites.The Kessef Mishneh notes that the Rambam's interpretation of the verse reverses the order found in Pesachim 68a and the Sifri. He suggests that perhaps the Rambam had a different version of that text. Similarly, a person afflicted by tzara'at who enters Jerusalem is liable for lashes.33Significantly, in Hilchot Sanhedrin 19:4 where the Rambam lists those who are punished by lashes, he does not mention this instance. If, however, he enters any of the other walled cities34See Hilchot Megilah 1:4 and Hilchot Shemitah VeYovel 12:15 which explain that this term applies only to a city surrounded by a wall at the time when Joshua conquered the land. Even if the wall of such a city is destroyed, the city is still placed in that category. Moreover, if a city was not walled at the time of Joshua's conquest, even if it was walled afterwards, it is not placed in this category. [in Eretz Yisrael], although he is not allowed to,35See Hilchot Beit HaBechirah 7:13; Hilchot Tuma'at Tzara'at 10:7. Based on Tosafot (Berachot 5b), Rabbi Akiva Eiger states that these restrictions apply only during the era when the Jubilee year was observed. as [implied by the verse]: "He shall abide alone," he is not liable for lashes.
הלכה ט
נִכְנַס הַמְצֹרָע לְהַר הַבַּיִת לוֹקֶה שְׁמוֹנִים. אֲבָל טְמֵא מֵת אוֹ טְבוּל יוֹם שֶׁנִּכְנַס לְעֶזְרַת נָשִׁים אוֹ מְחֻסַּר כִּפּוּרִים שֶׁנִּכְנַס לְעֶזְרַת יִשְׂרָאֵל אַף עַל פִּי שֶׁאֵינוֹ לוֹקֶה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת:
כסף משנה
9.
If one afflicted with tzara'at entered the Temple Mount, he is liable for 80 lashes.36I.e., he violated two negative commandments: he entered Jerusalem and he entered the Temple Mount. Therefore he is liable for two sets of lashes. Significantly, in his Commentary to the Mishnah (Keilim 1:8, based on the Tosefta to Keilim), the Rambam states these concepts slightly differently.The Kessef Mishneh adds that if the person afflicted with tzara'at enters the Temple Courtyard, he is liable for an addition set of lashes. If, however, one who is impure because of contact with a human corpse or one who immersed himself that day entered the Women's Courtyard,37As mentioned in Halachot 5-6, this constitutes the violation of a Rabbinical commandment. The Kessef Mishneh adds that if the person enters the Temple Courtyard, he is liable for 120 lashes. or one who has not completed his process of purification entered the Israelites' Courtyard,38And thus violates a positive commandment, as indicated by Halachah 1. he is not given lashes.39For he does not violate a Scriptural prohibition.
The Ra'avad differs with the Rambam and maintains that since the person is impure, his entry into the Temple Courtyard violates a Scriptural prohibition and is punishable by karet. The Kessef Mishneh cites a passage from Zevachim 17b which appears to support the Ra'avad's objection. To resolve the Rambam's ruling, the Kessef Mishneh, however, quotes Hilchot Pesulei HaMukdashim 18:14, where the Rambam distinguishes between an impure person who has immersed and one who has not done so as of yet. He also quotes other opinions in support of the distinction the Rambam makes. He is, however, given stripes for rebellious conduct.40A punishment instituted by the Rabbis for the violation of their decrees or positive commandments.
הלכה י
וּכְשֵׁם שֶׁשִּׁלּוּחַ טְמֵאִים מִן הַמִּקְדָּשׁ בַּעֲשֵׂה כָּךְ אִם נִכְנְסוּ עוֹבְרִים בְּלֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (במדבר ה ג) "וְלֹא יְטַמְּאוּ אֶת מַחֲנֵיהֶם" זֶה מַחֲנֵה שְׁכִינָה:
כסף משנה
10.
Just as there is a positive commandment to send impure persons out from the Temple, so too, if they enter, they violate a negative commandment,41Sefer HaMitzvot (negative commandment 77) and Sefer HaChinuch (mitzvah 363) include this commandment among the 613 mitzvot of the Torah. as [Numbers 5:3] states: "They shall not make your camp impure." This refers to the camp of the Shechinah.42I.e., the area encompassed by the Temple Courtyard.הלכה יא
וּמִנַּיִן שֶׁאֵינוֹ עוֹבֵר אֶלָּא אִם כֵּן נִכְנַס אֲבָל אִם נָגַע בַּעֲזָרָה מֵאֲחוֹרֶיהָ פָּטוּר שֶׁנֶּאֱמַר בְּיוֹלֶדֶת (ויקרא יב ד) "וְאֶל הַמִּקְדָּשׁ לֹא תָבֹא":
כסף משנה
11.
What source teaches that one does not violate the prohibition unless he enters [the Temple], but that he is exempt43I.e., the act is forbidden, but one is not liable for lashes or a sin-offering for its violation. if he touches the Temple Courtyard from the outside? [Leviticus 12:4] states with regard to a woman who gives birth: "She shall not enter the Sanctuary."44Implying that entry into the Temple area is what is forbidden.הלכה יב
טָמֵא שֶׁנִּכְנַס לַמִּקְדָּשׁ בְּמֵזִיד עָנוּשׁ כָּרֵת שֶׁנֶּאֱמַר (ויקרא יז טז) "וְאִם לֹא יְכַבֵּס וּבְשָׂרוֹ לֹא יִרְחָץ וְנָשָׂא עֲוֹנוֹ". בְּשׁוֹגֵג מֵבִיא קָרְבָּן עוֹלֶה וְיוֹרֵד שֶׁנֶּאֱמַר (ויקרא ה ב) "אוֹ נֶפֶשׁ אֲשֶׁר תִּגַּע בְּכָל דָּבָר טָמֵא". וְאֵין חַיָּבִין כָּרֵת אוֹ קָרְבָּן אֶלָּא מֵעֶזְרַת יִשְׂרָאֵל וּלְפָנִים אוֹ עַל תּוֹסֶפֶת הָעֲזָרָה שֶׁנִּתְקַדְּשָׁה קְדֻשָּׁה גְּמוּרָה כְּמוֹ שֶׁבֵּאַרְנוּ:
כסף משנה
12.
When an impure person willfully enters the Temple, he is punishable by karet,45Literally, the soul's being cut off. This involves premature death in this world (before the age of 50, Mo'ed Kattan 28a) and the soul not meriting a portion in the world to come (Hilchot Teshuvah 8:1). as [Leviticus 17:16] states: "If he will not clean [his garments] or wash his flesh, he will bear his iniquity."46Har HaMoriah explains that the Rambam quotes this verse rather than Numbers 19:13-20 which is more explicit, because the latter passage speaks only about one who became impure due to contact with a human corpse and the prohibition applies even when one became impure for other reasons. [If he enters] unknowingly, he is liable for an adjustable guilt offering,47See Hilchot Shegagot 1:3 and ch. 10, which explains that there are certain transgressions for which the atonement offering required varies according to the transgressor's financial capacity. as [ibid. 5:2] states: "Or a soul that will touch any impure entity." One is liable for karet or a sacrifice only when one enters from the Israelites' Courtyard or onward or into an addition to the Courtyard that was sanctified in a consummate manner, as we explained.48See Hilchot Beit HaBechirah 6:10-14 which describes the manner in which additions are made to the Temple Courtyard.הלכה יג
וְאֵי זֶהוּ הַטָּמֵא שֶׁחַיָּב כָּרֵת עַל הַמִּקְדָּשׁ כָּל שֶׁנִּטְמָא בְּטֻמְאָה מִן הַמֵּת שֶׁהַנָּזִיר מְגַלֵּחַ עָלֶיהָ שֶׁכְּבָר נִתְפָּרֵשׁ בִּנְזִירוּת. אוֹ שֶׁיִּגַּע בָּאָדָם אוֹ בְּכֵלִים שֶׁנִּטְמְאוּ בְּאוֹתָן הַטֻּמְאוֹת שֶׁהַנָּזִיר מְגַלֵּחַ עֲלֵיהֶם שֶׁהֲרֵי הוּא שֵׁנִי לָרִאשׁוֹן שֶׁנָּגַע בְּמֵת. אוֹ שֶׁנִּטְמָא בִּשְׁאָר אֲבוֹת הַטֻּמְאוֹת שֶׁל תּוֹרָה שֶׁיִּתְפָּרְשׁוּ בִּמְקוֹמָן:
כסף משנה
13.
What are the types of impurity for which one is liable [for entering] the Temple [while impure]?a) Anyone who became impure through contact with a human corpse in a manner which would require a nazirite to shave [his head] because of them; these are explained in [Hilchot] Nizirut;49See Hilchot Nizirut 7:1-6 which describes this subject in detail. As stated in Hilchot Tumat Meit 3:3: "All ritual impurity resulting from a corpse for which a nazirite is not required to shave does not stem from Scriptural Law." Implied is that since a nazirite is forbidden to cut his hair according to Scriptural Law, when he contracts ritual impurity stemming from a human corpse that is only Rabbinic in origin, he should not cut his hair, because then the Rabbinic safeguard would lead to the violation of Scriptural Law. Note also the commentary to Hilchot Nizirut which explains that the Rambam is referring to ritual impurity that is not explicitly mentioned in the Torah, but could be considered of Scriptural origin, because it was derived through the laws of Biblical exegesis.
b) one who touched a person or a utensil that became impure through those types of impurity for which a nazirite must shave [his head]; for such a person is considered as a second level of impurity to a primary object of impurity that touched a corpse;50A person or an object that touches a human corpse becomes a source of impurity that can cause other people or objects to become ritually impure (see Hilchot Tuma'at Meit 5:4-5).
The Ra'avad states however that a nazirite is not obligated to shave his head if he touched a utensil or a person that became impure due to contact with a corpse. Hence, he concludes, one should not be liable for entering the Temple after having contracted impurity in this manner. The Kessef Mishneh maintains that the simple meaning of the passage in Nazir 54a appears to support the Ra'avad's understanding. Nevertheless, he cites a passage from the Jerusalem Talmud (Nazir 7:4) which could be interpreted as supporting the Rambam's ruling.
c) one who became impure through contact with another primary source of impurity as mandated by Scriptural Law,51There are entities that are considered sources of impurity according to Rabbinic Law. They do not make a person impure to the extent that he is liable for entering the Temple. as will be explained in their appropriate places.52See Sefer Taharah.
הלכה יד
כְּלָלוֹ שֶׁל דָּבָר כָּל הַטָּעוּן בִּיאַת מַיִם מִן הַתּוֹרָה חַיָּב כָּרֵת עַל בִּיאַת הַמִּקְדָּשׁ וַאֲפִלּוּ אַחַר שֶׁטָּבַל עַד שֶׁיַּעֲרִיב שִׁמְשׁוֹ. אֲבָל הַמִּתְטַמֵּא בְּטֻמְאוֹת מִן הַמֵּת שֶׁאֵין הַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן אַף עַל פִּי שֶׁהוּא טָמֵא טֻמְאַת שִׁבְעָה הֲרֵי זֶה פָּטוּר עַל בִּיאַת הַמִּקְדָּשׁ:
כסף משנה
14.
The general principle is: Anyone who is required to immerse himself in water53I.e., in a mikveh. according to Scriptural Law is liable for karet for entering the Temple [while impure] even after he immersed himself until nightfall [that day].54For as stated in Halachah 6, one who has immersed himself to emerge from ritual impurity is still impure until nightfall of that day. The Ra'avad differs and maintains that such a person is not liable for karet. The Radbaz cites the Rambam's ruling in Hilchot Pesulei HaMukdashim 18:14 which would seem to support the Ra'avad's ruling. It states that a person who was ritually impure, then immersed himself, and then partook of sacrificial foods before nightfall is liable for lashes, but is not liable for karet. Nevertheless, the Radbaz explains that a distinction can be made between these two situations. If, however, one became impure due to impurity stemming from a human corpse that does not require a nazirite to shave [his head], he is exempt for entering the Temple, even though his impurity lasts for seven days.55Although he is required to observe the strictures of someone who is ritually impure, he is not liable for entering the Temple.הלכה טו
וְכֵן הַנּוֹגֵעַ בְּכֵלִים שֶׁנָּגְעוּ בְּאָדָם שֶׁנָּגַע בְּמֵת אוֹ שֶׁנָּגַע בְּאָדָם שֶׁנָּגַע בְּכֵלִים הַנּוֹגְעִים בְּמֵת אַף עַל פִּי שֶׁהוּא טָמֵא רִאשׁוֹן לְעִנְיַן תְּרוּמָה וּלְטַמֵּא בְּשַׂר קָדָשִׁים הֲרֵי זֶה פָּטוּר עַל בִּיאַת הַמִּקְדָּשׁ. שֶׁדְּבָרִים אֵלּוּ הֲלָכָה מִפִּי הַקַּבָּלָה. וְאַף עַל פִּי שֶׁהוּא פָּטוּר מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת:
כסף משנה
15.
Similarly, if one touches utensils that touched a human corpse or touches a person who is touching utensils that touch a corpse, even though he is considered as impure to the first degree with regard to terumah56In Hilchot Tuma'at Meit 5:4, the Rambam describes the impurity caused by such situations. and with regard to imparting impurity to sacrificial foods, he is exempt for entering the Temple. For these matters are laws received through the Oral Tradition.57In ibid.:5, the Rambam continues: "Even though according to the Oral Tradition [one is rendered impure for such matters], this is not Scriptural Law. For it is not explicitly stated in the Torah that one who becomes impure through contact with a human corpse becomes a source of impurity and one who touches him becomes impure to the first degree." In this instance, however, the Rambam is probably following his renown approach 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. Although he is exempt, he is given stripes for rebellious conduct.58For the Rabbis instituted decrees to insure that the prohibitions established by the Oral Tradition were observed.הלכה טז
הַמַּכְנִיס שֶׁרֶץ וְכַיּוֹצֵא בּוֹ בַּמִּקְדָּשׁ אוֹ שֶׁהִכְנִיס אָדָם טָמֵא לַמִּקְדָּשׁ הֲרֵי זֶה חַיָּב כָּרֵת שֶׁהֲרֵי טִמֵּא מִקְדַּשׁ ה'. אֲבָל הַזּוֹרֵק כֵּלִים טְמֵאִים לַמִּקְדָּשׁ אֲפִלּוּ הָיוּ כֵּלִים שֶׁנָּגְעוּ בְּמֵת פָּטוּר מִן הַכָּרֵת. אֲבָל חַיָּב מַלְקוֹת שֶׁנֶּאֱמַר (ויקרא יז טז) "וְאִם לֹא יְכַבֵּס" וְגוֹ' מִפִּי הַשְּׁמוּעָה לָמְדוּ עַל רְחִיצַת גּוּפוֹ עָנוּשׁ כָּרֵת וְעַל כִּבּוּס בְּגָדָיו לוֹקֶה אַרְבָּעִים:
כסף משנה
16.
A person who brings a dead teeming animal59This is speaking about a situation where he brought the dead teeming animal into the Temple without touching it, since, as stated in Hilchot Shaar Avot HaTuma'ah 4:1, a dead teeming animal imparts ritual impurity only when one touches it and not when one carries it. For if the person had touched it, he would become impure and be liable for karet entering the Temple in that state. or the like60I.e., another source of impurity that imparts impurity through touch, but not when carried. into the Temple or when he brings an impure person into the Temple, he is liable for karet, because he made God's sanctuary impure. If, however, he threw impure utensils into the Temple - even if they were utensils that touched a corpse61And thus serve as a source of impurity. - he is exempt from karet, but liable for lashes, as [implied by the prooftext cited above]: "If he will not clean [his garments]...."62The verse concludes: "He will bear his iniquity." "Clean[ing] his garments" refers to immersing them to remove their impurity. According to the Oral Tradition, [for entering the Temple without] washing his body, he is liable for karet. [For entering without] cleaning his garments, he receives 40 lashes.הלכה יז
יֵרָאֶה לִי שֶׁאֵינוֹ לוֹקֶה אֶלָּא עַל בְּגָדִים שֶׁהֵן אַב טֻמְאָה. כְּגוֹן בְּגָדִים שֶׁנָּגַע בָּהֶן זֶה הַטָּמֵא לְמֵת שֶׁהֵן אַב הַטֻּמְאָה כְּמוֹ שֶׁיִּתְבָּאֵר. אֲבָל בֶּגֶד שֶׁהוּא רִאשׁוֹן אִם הִכְנִיסוֹ לַמִּקְדָּשׁ אֵינוֹ לוֹקֶה עָלָיו אֲבָל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת:
כסף משנה
17.
It appears to me63This expression implies that there is no Talmudic source for this ruling, but instead, it was derived by deduction. that he is liable for lashes only for his clothes that are a source of ritual impurity, i.e., clothes that were touched by a person who became impure through contact with a corpse that themselves become a source for ritual impurity, as will be explained.64Hilchot Tuma'at Meit 5:2. There the Rambam states that if a person touching the corpse touches any other utensil at the same time, that utensil is considered as if it touched the corpse itself. If, by contrast, one brings a garment which is of first degree impurity65I.e., the person touched the garments after he let go of the corpse. into the Temple, he is not liable for lashes.66Since the object brought into the Temple is not a source for ritual impurity, the person is not liable for karet. The Ra'avad differs with the Rambam and maintains that even bringing an object that is not a source for ritual impurity into the Temple causes one to be liable for lashes. The Kessef Mishneh supports the Rambam's view, explaining that there is a logical basis for his conclusion. Since the Torah was lenient with regard to utensils (and garments), absolving one from karet even when the utensil was a source of impurity, we can conclude that leniency would also be shown with regard to lashes. He does, however, receive stripes for rebellious conduct.הלכה יח
וְכֵן טָמֵא שֶׁהִכְנִיס יָדוֹ לַמִּקְדָּשׁ מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. וְכֵן כָּל טָמֵא בְּאָב מֵאֲבוֹת הַטֻּמְאוֹת שֶׁל דִּבְרֵיהֶם אוֹ שֶׁאָכַל אֳכָלִין טְמֵאִים וְשָׁתָה מַשְׁקִין טְמֵאִין וְנִכְנַס לַמִּקְדָּשׁ בְּמֵזִיד קֹדֶם שֶׁיִּטְבּל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת:
כסף משנה
18.
Similarly, when an impure person inserts his hand [alone] into the Temple,67I.e., he stands outside the Temple Courtyard and inserts only his hand. He is not given lashes, because his entire body has not entered the Temple Courtyard. Even the Rambam would agree that he is forbidden by Rabbinic decree to insert his hand. The Ra'avad is more stringent and rules that inserting part of one's body is equivalent to entering entirely. The Kessef Mishneh supports the Rambam's ruling. he is given stripes for rebellious conduct. Similarly, anyone who purposely enters the Temple before immersing himself68The Rambam's words imply that once he immersed himself, he is not liable for stripes for rebellious conduct for entering the Temple even if night has not yet fallen. Since his impurity is only Rabbinic in origin and he has immersed himself, he is not given punishment. See Hilchot Shaar Avot HaTuma'ah 9:1. while he is impure because of contact with objects that are sources of ritual impurity by virtue of Rabbinic decree, because he ate impure foods, or because he drank impure beverages is given stripes for rebellious conduct.הלכה יט
טָמֵא שֶׁנִּכְנַס לַמִּקְדָּשׁ דֶּרֶךְ גַּגּוֹת פָּטוּר שֶׁנֶּאֱמַר (ויקרא יב ד) "וְאֶל הַמִּקְדָּשׁ לֹא תָבֹא" דֶּרֶךְ בִּיאָה חִיְּבָה תּוֹרָה. וְאַף עַל פִּי שֶׁהוּא פָּטוּר מִכָּרֵת מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת [וַאֲפִלּוּ נִכְנַס בְּמִגְדָּל הַפּוֹרֵחַ בַּאֲוִיר] בֵּין שֶׁנִּכְנַס לַמִּקְדָּשׁ [בְּמִגְדָּל] דֶּרֶךְ גַּגּוֹת. בֵּין שֶׁנִּכְנַס בּוֹ דֶּרֶךְ פְּתָחִים:
כסף משנה
19.
When an impure person enters the Temple through the rooftops, he is exempt.69Such entry is, nevertheless, forbidden (Kessef Mishneh). [This is derived from the prooftext cited above:] "He shall not enter the Temple." [Implied is that] the Torah held him liable [only when he entered in] the way one usually enters.70I.e., on foot through the gate. The Mishneh LiMelech emphasizes that if he remains in the Temple for the amount of time for which he is liable (see Halachah 22), he is liable for karet even if he entered through the rooftops. Although he is exempt for karet, he is given stripes for rebellious conduct.[This exemption applies] even if he enters in a compartment flying in the air,71For this also is not the usual way of entry. whether he entered the Temple in this compartment through the roofs or through the entrances.
הלכה כ
כָּל מָקוֹם שֶׁחַיָּבִים עַל זְדוֹנוֹ כָּרֵת וְעַל שִׁגְגָתוֹ קָרְבָּן. אִם נִמְצֵאת שָׁם טֻמְאָה בְּשַׁבָּת מוֹצִיאִין אוֹתָהּ. וּשְׁאָר הַמְּקוֹמוֹת כּוֹפִין עָלָיו כְּלִי עַד אַחַר שַׁבָּת. וּכְשֶׁהֵן מוֹצִיאִין אֵין מוֹצִיאִין אוֹתָהּ אֶלָּא בִּפְשׁוּטֵי כְּלֵי עֵץ שֶׁאֵין מְקַבֵּל טֻמְאָה שֶׁלֹּא לְרַבּוֹת אֶת הַטֻּמְאָה:
כסף משנה
20.
In all places where one is liable for karet72I.e., in the Temple Courtyard. for a willful transgression or a sacrifice for an unknowing transgression, should an impure object be found there on the Sabbath, it should be removed.73An object for which one has no purpose is muktzeh and there is a Rabbinic prohibition against transporting it on the Sabbath. Nevertheless, Rabbinic prohibitions of this nature are not applied in the Temple (Rashi, Eruvin 104b). In other places,74I.e., in the chambers that are considered as being separate entities from the Temple Courtyard. it should be covered with a utensil until after the Sabbath.75So that it will not be touched. When it is removed, it should be removed only with flat wooden utensils which do not contract ritual impurity,76See Hilchot Keilim 1:10. See also Hilchot Temidim UMusafim 3:6. so that there should not be an increase in ritual impurity.77I.e., if a priest would carry it out in his garment, he would be causing his garment to become impure. Hence, it was desirable to use a flat wooden utensil even if it takes time to find such a utensil (Eruvin, loc. cit.).הלכה כא
אֶחָד טָמֵא שֶׁנִּכְנַס לַמִּקְדָּשׁ טָהוֹר. אוֹ טָהוֹר שֶׁנִּכְנַס לַמִּקְדָּשׁ שֶׁיֵּשׁ בּוֹ טֻמְאָה. כְּגוֹן שֶׁהָיָה מֵת תַּחַת אֹהֶל בַּמִּקְדָּשׁ וְנִכְנַס הוּא תַּחַת הָאֹהֶל. הֲרֵי זֶה חַיָּב כָּרֵת שֶׁהֲרֵי בִּיאָתוֹ וְטֻמְאָה בָּאִין כְּאַחַת. נִכְנַס לַמִּקְדָּשׁ וְנִטְמָא שָׁם אַחַר שֶׁנִּכְנַס אֲפִלּוּ טִמֵּא עַצְמוֹ שָׁם בְּמֵזִיד יְמַהֵר וְיִבָּהֵל וְיֵצֵא בְּדֶרֶךְ קְצָרָה:
כסף משנה
21.
Both an impure person who entered the Temple when it was pure78As stated in Halachah 12. and a pure person who entered the Temple when there was impurity within it - e.g., a corpse was lying under a shelter in the Temple and he entered under that shelter - are liable for karet. [In the latter situation,] his entrance and his impurity occur at one time.If one enters the Temple and becomes impure there after he enters, even if he purposely made himself impure,79There is an unresolved question concerning whether such a person is liable in Sh'vuot 17a. Hence, the Rambam rules leniently (Kessef Mishneh). he should hurry, and depart in the shortest way possible.80If he departs in this manner, he is not liable for karet.
הלכה כב
וְאָסוּר לוֹ לִשְׁהוֹת אוֹ לְהִשְׁתַּחֲווֹת אוֹ לָצֵאת בְּדֶרֶךְ אֲרֻכָּה. וְאִם שָׁהָה אוֹ שֶׁיָּצָא בַּאֲרֻכָּה אַף עַל פִּי שֶׁלֹּא שָׁהָה אוֹ שֶׁהֶחְזִיר פָּנָיו לַהֵיכָל וְהִשְׁתַּחֲוָה אַף עַל פִּי שֶׁלֹּא שָׁהָה חַיָּב כָּרֵת. וְאִם הָיָה שׁוֹגֵג מֵבִיא קָרְבָּן:
כסף משנה
22.
It is forbidden for him to tarry, to bow, or to depart via a longer way. If he tarried or departed via a longer way even though he did not tarry, or he turned his face to the Sanctuary and bowed even if he did not tarry, he is liable for karet. If he acted unknowingly, he must bring a sacrifice.81An adjustable guilt offering.הלכה כג
לֹא הֶחֱזִיר פָּנָיו אֶלָּא הִשְׁתַּחֲוָה דֶּרֶךְ יְצִיאָתוֹ כְּלַפֵּי חוּץ אֵינוֹ חַיָּב אֶלָּא אִם כֵּן שָׁהָה כְּשִׁעוּר. וְכַמָּה שִׁעוּר שְׁהִיָּתוֹ כְּדֵי לִקְרוֹת (דברי הימים ב ז ג) "וְיִכְרְעוּ אַפָּיִם אַרְצָה עַל הָרִצְפָּה וְיִשְׁתַּחֲווּ וְהוֹדוֹת לַה' כִּי טוֹב כִּי לְעוֹלָם חַסְדּוֹ". וְזֶהוּ שִׁעוּר הִשְׁתַּחֲוָיָה:
כסף משנה
23.
If he did not turn his face [toward the Sanctuary], but bowed as he was departing toward the outside area, he is not liable unless he tarrys.How long a delay [creates a liability]? Enough time to read the verse:82The Rambam is citing Sh'vuot 16b which quotes the description of the people's bowing in II Chronicles 7:3. "And they bowed with their faces to the ground on the floor, prostrating themselves and giving thanks to God who is good and whose kindness is everlasting." This is the measure of the delay [for which one is liable].
הלכה כד
וְאֵי זוֹ הִיא דֶּרֶךְ אֲרֻכָּה. כָּל שֶׁאֶפְשָׁר לוֹ לָצֵאת מִן הַמִּקְדָּשׁ בְּדֶרֶךְ קְצָרָה מִמֶּנָּה. יָצָא בִּקְצָרָה אַף עַל פִּי שֶׁלֹּא רָץ אֶלָּא הָלַךְ עָקֵב בְּצַד גּוּדָל אֲפִלּוּ כָּל הַיּוֹם פָּטוּר. יָצָא בַּאֲרֻכָּה אַף עַל פִּי שֶׁרָץ וְדָחַק עַצְמוֹ בְּכָל כֹּחוֹ וְנִמְצָא שִׁעוּר זְמַן שֶׁהָלַךְ בּוֹ הָאֲרֻכָּה פָּחוֹת מִשִּׁעוּר הַזְּמַן שֶׁמְּהַלֵּךְ כָּל אָדָם בִּקְצָרָה הוֹאִיל וְיָצָא בַּאֲרֻכָּה חַיָּב. יָצָא בִּקְצָרָה וְהָלַךְ מְעַט וְעָמַד וְשָׁהָה מְעַט עַד שֶׁנִּצְטָרֵף מִכָּל הַשְּׁהִיּוֹת כְּדֵי הִשְׁתַּחֲוָיָה בְּמֵזִיד אֵינוֹ לוֹקֶה בְּשׁוֹגֵג אֵינוֹ מֵבִיא קָרְבָּן מִפְּנֵי שֶׁהַדָּבָר סָפֵק. אֲבָל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת:
כסף משנה
24.
What is meant by [departing] via longer way? Any way for which it is possible to depart from the Temple via a shorter way.If one departed via a shorter way, even if he did not run, but instead walked [slowly], positioning his heel by his toes,83I.e., taking very short steps. As long as he does not stop for the amount of time mentioned in the previous halachah, he is not liable. although it takes the entire day, he is exempt. If he took a longer path, even though he ran and pressed himself with all of his power and thus the amount of time it took for him to leave in this manner was less than it would take other men via the shorter way, he is liable, because he departed via the longer path.
If he departed via the shorter path, but walked some, then stood, tarried some, [and continued this pattern] until all of his delays together amount to the time it takes to bow, he is not liable for lashes if he acted willfully, nor is he liable for a sacrifice if he acted unknowingly, because there is an unresolved question concerning the matter.84See Sh'vuot 17a. Hence we rule leniently. He is, however, given stripes for rebellious conduct.85See Hilchot Sanhedrin 16:3, 18:5, and notes for a definition of this punishment and the situations where it is applied.