The commandment of the matter of impurity of foods: That we were commanded about the guarding of the impurity of foods and drinks and to act in this matter according to the Torah, which informed us how to determine every matter of impurity of food and drinks, and the vessels through which they become impure, as it is stated (Leviticus 11:34), “From any food that is eaten, which water comes upon.”
From the laws of the commandment is that which they, may their memory be blessed, said (Sifra, Shemini, Chapter 9:1) that the understanding of that which is stated in the Torah, “From any food that is eaten,” is that it is eaten by man. And therefore they, may their memory be blessed, said (Mishnah Tahorot 8:6) that any food that is not designated for man does not contract impurity at all. And they also explained that it is not called food regarding the contracting of impurity until it is detached from the ground. But the whole time that it is connected — even by a small root from which it can be sustained — it is not called food regarding the contraction of impurity. And even if all the impurities touched it, it is [still] pure.
And so, there is no food in the world [that is] called food, to contract impurity, until water comes upon it after it has been detached from the ground — and as it is written, “which water comes upon, etc.” And even though they said this is a decree of Scripture (gezerat hakatuv), it can be based a little upon a reason according to what first comes to mind. And [accordingly we would] say that the matter is because the Torah does not consider anything to be ready for its laws until the time when its processing is finished — as is known regarding priestly tithes and tithes; and also challah, the time of which is not until the flour has been rolled [into a dough]. And this is [the reason why in the case of] one who separates his challah [as] flour, it is not [considered] challah, but [rather] it is robbery in the hand of the priest.
And therefore also regarding impurity, we can say that we do not judge the impurity of fruits and their purity until the end of their processing. And since it is the way of people with some fruits and vegetables to rinse them from their dirt before they eat them, it was relevant to say about all of them more generally that they not be called food until they are prepared with water. And from this reason itself, they said that their preparation is when they were rinsed with the intention of the owners — meaning to say that the owners considered as liquid, the water with which they were rinsed — in the way that people rinse their vegetables with liquid. And this is the understanding of consent and duress that is mentioned in the Gemara about this matter, according to the good commentaries. But if they do not consider it as water — even though they, themselves, put it on the fruits — it is not intention. And hence they, may their memory be blessed, said (Mishnah Tahorot 1:6) that his fruits are not prepared [to become impure] when one buries them in water on account of thieves, as the water is not considered a liquid for the owners. As they only placed them in it to bury them, in the same [way] that they would have also buried them in shearings of wool or something else. And from this matter is that which they, may their memory be blessed, said (Mishnah Makhshirin 4:3) that one who covers his wall with a bowl on a rainy day - if he does it that his bowl should be rinsed, [the water] is fit to prepare [the fruits]; since now we can judge this water as liquid with the consent of the owners, as it is the way of the world to rinse things with something that is liquid. But if he leaves it there so that the wall not be damaged, they do not prepare [the fruits].
And the laws of the appendages of food are many. And the rest of its details are elucidated in Tractate[s] Tahorot and Oktzin and Makhshirin. (See Mishneh Torah, Laws of Defilement of Foods 1.)
And [it] is practiced in every place and at all times by males and females — that we determine the impurity of foods and drinks in this manner. And nonetheless now that, outside of the Land — on account of our iniquities — we do not have a Temple nor pure objects, the laws of impurities are annulled for us. But nonetheless, if one wants to practice them on his own — the practice of the holy ones — as if he was in the Land, and be careful about foods to eat them in purity; for this one, it is fit to determine them. And I have already written in the previous commandment the opinion of Ramban, may his memory be blessed, about the laws of the impurities — and it sits well in the heart of its listener. But I do not need to review it with each and every [commandment].
מִצְוַת עִנְיַן טֻמְאַת אֳכָלִין – שֶׁנִּצְטַוִּינוּ בִּשְׁמִירַת טֻמְאַת אֳכָלִין וּמַשְׁקִין, וּלְהִתְנַהֵג בָּעִנְיָן עַל פִּי הַתּוֹרָה שֶׁהוֹדִיעַתְנוּ אֵיךְ נָדִין בְּכָל עִנְיַן טֻמְאַת אֳכָלִין וּמַשְׁקִין וְהַכֵּלִים הַמִּטַּמְּאִין עַל יָדָם, שֶׁנֶּאֱמַר (ויקרא יא לד) מִכָּל הָאֹכֶל אֲשֶׁר יֵאָכֵל אֲשֶׁר יָבוֹא עָלָיו מַיִם.
The commandment of the matter of impurity of foods: That we were commanded about the guarding of the impurity of foods and drinks and to act in this matter according to the Torah, which informed us how to determine every matter of impurity of food and drinks, and the vessels through which they become impure, as it is stated (Leviticus 11:34), “From any food that is eaten, which water comes upon.”
מִשָּׁרְשֵׁי הַטֻּמְאָה וְהַטָּהֳרָה, בַּמִּצְוָה הַקּוֹדֶמֶת תִּרְאֶה לַהַג הַרְבֵּה אֵין צֹרֶךְ לְהַחְזִירוֹ.
In the previous commandment, you will see much to ponder from the roots of impurity and purity — there is no need to repeat it.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ספרא ט א) שֶׁנֶּאֱמַר בַּתּוֹרָה (שם) מִכָּל הָאֹכֶל אֲשֶׁר יֵאָכֵל, פֵּרוּשׁוֹ שֶׁיֵּאָכֵל לָאָדָם. וּלְפִיכָךְ אָמְרוּ זִכְרוֹנָם לִבְרָכָה (טהרות פ"ח מ"ו) שֶׁכָּל אֹכֶל שֶׁאֵינוֹ מְיֻחָד לָאָדָם אֵינוֹ מְקַבֵּל טֻמְאָה כְּלָל. וּפֵרְשׁוּ גַּם כֵּן, שֶׁאֵינוֹ נִקְרָא אֹכֶל לְעִנְיַן קַבָּלַת הַטֻּמְאָה עַד שֶׁיֵּעָקֵר מִן הַקַּרְקַע, אֲבָל כָּל זְמַן שֶׁהוּא מְחֻבָּר אֲפִלּוּ בְּשֹׁרֶשׁ קָטָן שֶׁיָּכוֹל לִחְיוֹת, אֵינוֹ נִקְרָא אֹכֶל לְקַבָּלַת הַטֻּמְאָה, וַאֲפִלּוּ נָגְעוּ בּוֹ כָּל הַטֻּמְאוֹת טָהוֹר הוּא.
From the laws of the commandment is that which they, may their memory be blessed, said (Sifra, Shemini, Chapter 9:1) that the understanding of that which is stated in the Torah, “From any food that is eaten,” is that it is eaten by man. And therefore they, may their memory be blessed, said (Mishnah Tahorot 8:6) that any food that is not designated for man does not contract impurity at all. And they also explained that it is not called food regarding the contracting of impurity until it is detached from the ground. But the whole time that it is connected — even by a small root from which it can be sustained — it is not called food regarding the contraction of impurity. And even if all the impurities touched it, it is [still] pure.
וְכֵן אֵין כָּל אֹכֶל שֶׁבָּעוֹלָם נִקְרָא אֹכֶל לְקַבֵּל טֻמְאָה, עַד שֶׁיָּבוֹא עָלָיו מַיִם מֵאַחַר שֶׁנֶּעֱקַר מִן הַקַּרְקַע, וּכְמוֹ שֶׁכָּתוּב אֲשֶׁר יָבוֹא עָלָיו מַיִם וְגוֹ' (דו"א), וְאַף עַל פִּי שֶׁאָמְרוּ שֶׁזֶּה גְּזֵרַת הַכָּתוּב הוּא, יֵשׁ לְסָמְכוֹ קְצָת אֶל הַטַּעַם לְפִי מָה שֶׁיַּעֲלֶה בִּתְחִלַּת הַמַּחְשָׁבָה וְלוֹמַר, כִּי הָעִנְיָן לְפִי שֶׁהַתּוֹרָה לֹא תַּחְשֹׁב שׁוּם דָּבָר לִהְיוֹת רָאוּי לְדִינִין שֶׁבּוֹ עַד שְׁעַת גְּמַר מְלַאכְתּוֹ כְּמוֹ שֶׁיָּדוּעַ בְּדִינֵי הַפֵּרוֹת לְעִנְיַן תְּרוּמוֹת וּמַעַשְׂרוֹת, וְכֵן הַחַלָּה שֶׁאֵין עוֹנָתָהּ עַד שֶׁתִּתְגַּלְגֵּל הַקֶּמַח, וְזֶהוּ שֶׁהַמַּפְרִישׁ חַלָּתוֹ קֶמַח אֵינָהּ חַלָּה וְגָזֵל הִיא בְּיַד הַכֹּהֵן.
And so, there is no food in the world [that is] called food, to contract impurity, until water comes upon it after it has been detached from the ground — and as it is written, “which water comes upon, etc.” And even though they said this is a decree of Scripture (gezerat hakatuv), it can be based a little upon a reason according to what first comes to mind. And [accordingly we would] say that the matter is because the Torah does not consider anything to be ready for its laws until the time when its processing is finished — as is known regarding priestly tithes and tithes; and also challah, the time of which is not until the flour has been rolled [into a dough]. And this is [the reason why in the case of] one who separates his challah [as] flour, it is not [considered] challah, but [rather] it is robbery in the hand of the priest.
וְעַל כֵּן גַּם בְּעִנְיַן הַטֻּמְאָה נֹאמַר שֶׁאֵין דִּינֵי טֻמְאַת הַפֵּרוֹת וְטַהֲרָתָן עַד גְּמַר מְלַאכְתָּן, וּלְפִי שֶׁדֶּרֶךְ בְּנֵי אָדָם בִּקְצָת פֵּרוֹת וִירָקוֹת לַהֲדִיחָן מֵעֲפָרָן טֶרֶם שֶׁיֹּאכְלוּ אוֹתָן, הָיָה הָעִנְיָן לוֹמַר עַל כֻּלָּן דֶּרֶךְ כְּלָל שֶׁלֹּא יִהְיוּ נִקְרָאִים אֹכֶל עַד שֶׁיֻּכְשְׁרוּ בַּמַּיִם. וּמִן הַטַּעַם הַזֶּה בְּעַצְמוֹ אָמְרוּ שֶׁהֶכְשֵׁרָן הוּא כְּשֶׁהוּדְחוּ בִּרְצוֹן הַבְּעָלִים. כְּלוֹמַר שֶׁהַבְּעָלִים חָשְׁבוּ מַשְׁקֶה הַמַּיִם שֶׁהֻדְּחוּ בָּהֶן כְּדֶרֶךְ בְּנֵי אָדָם שֶׁיָּדִיחוּ יַרְקוֹתֵיהֶם בְּמַשְׁקֶה, וְזֶהוּ פֵּרוּשׁ רָצוֹן וְאֹנֶס הַנִּזְכָּר בַּגְּמָרָא בְּעִנְיָן זֶה, לְפִי הַפֵּרוּשִׁים הַטּוֹבִים. וְאִם לֹא יַחְשְׁבוּהוּ לְמַשְׁקֶה, אַף עַל פִּי שֶׁהֵן בְּעַצְמָן נְתָנוּהוּ עַל הַפֵּרוֹת, אֵין זֶה לְרָצוֹן, וּלְפִיכָךְ אָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם פ"א מ"ו) שֶׁהַטּוֹמֵן פֵּרוֹתָיו בַּמַּיִם מִפְּנֵי הַגַּנָּבִים לֹא הֻכְשְׁרוּ, לְפִי שֶׁאֵין הַמַּיִם חֲשׁוּבִין לַבְּעָלִים לְמַשְׁקֶה שֶׁלֹּא נְתָנוּם בָּהֶם מֵחֲמַת מַשְׁקֶה אֶלָּא לְהַטְמִינָם כְּמוֹ שֶׁהָיוּ מַטְמִינִין אוֹתָם גַּם כֵּן בְּתוֹךְ גִּזֵּי צֶמֶר אוֹ בְּדָבָר אַחֵר. וּמֵעִנְיָן זֶה מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכשירין פ"ד מ"ג), שֶׁהַכּוֹפֶה קְעָרָה עַל הַכֹּתֶל בְּיוֹם מָטָר, אִם בִּשְׁבִיל שֶׁתּוּדַח הַקְּעָרָה הוּא עוֹשֶׂה, מֵי הַמָּטָר רְאוּיִן לְהַכְשִׁיר, מִפְּנֵי שֶׁעַכְשָׁו נָדִין מַיִם אֵלּוּ לְמַשְׁקֶה לְדַעַת הַבְּעָלִים, שֶׁדַּרְכּוֹ שֶׁל עוֹלָם לְהָדִיחַ הַדְּבָרִים בְּמָה שֶׁהוּא מַשְׁקֶה, וְאִם הִנִּיחָהּ שָׁם כְּדֵי שֶׁלֹּא יִלְקֶה הַכֹּתֶל אֵינָם מַכְשִׁירִין.
And therefore also regarding impurity, we can say that we do not judge the impurity of fruits and their purity until the end of their processing. And since it is the way of people with some fruits and vegetables to rinse them from their dirt before they eat them, it was relevant to say about all of them more generally that they not be called food until they are prepared with water. And from this reason itself, they said that their preparation is when they were rinsed with the intention of the owners — meaning to say that the owners considered as liquid, the water with which they were rinsed — in the way that people rinse their vegetables with liquid. And this is the understanding of consent and duress that is mentioned in the Gemara about this matter, according to the good commentaries. But if they do not consider it as water — even though they, themselves, put it on the fruits — it is not intention. And hence they, may their memory be blessed, said (Mishnah Tahorot 1:6) that his fruits are not prepared [to become impure] when one buries them in water on account of thieves, as the water is not considered a liquid for the owners. As they only placed them in it to bury them, in the same [way] that they would have also buried them in shearings of wool or something else. And from this matter is that which they, may their memory be blessed, said (Mishnah Makhshirin 4:3) that one who covers his wall with a bowl on a rainy day - if he does it that his bowl should be rinsed, [the water] is fit to prepare [the fruits]; since now we can judge this water as liquid with the consent of the owners, as it is the way of the world to rinse things with something that is liquid. But if he leaves it there so that the wall not be damaged, they do not prepare [the fruits].
וְדִינֵי יְדוֹת הָאֳכָלִים רַבִּים, וְיֶתֶר פְּרָטֶיהָ, מְבֹאָרִים בְּמַסֶּכֶת טְהָרוֹת וָעֳקָצִים וּמַכְשִׁירִין [הלכות טומאת אוכלין פ"א].
And the laws of the appendages of food are many. And the rest of its details are elucidated in Tractate[s] Tahorot and Oktzin and Makhshirin. (See Mishneh Torah, Laws of Defilement of Foods 1.)
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת שֶׁנָּדִין בְּעִנְיָן זֶה טֻמְאַת הָאֳכָלִין וְהֶכְשֵׁרָן. וּמִכָּל מָקוֹם עַכְשָׁו בְּחוּצָה לָאָרֶץ שֶׁאֵין לָנוּ בַּעֲוֹנֹתֵינוּ מִקְדָּשׁ וְקָדָשִׁים, דִּינֵי הַטֻּמְאוֹת בְּטֵלִים אֶצְלֵנוּ. וּמִכָּל מָקוֹם אִם רָצָה לִנְהֹג בָּהֶם בְּעַצְמוֹ מִנְהַג קְדוֹשִׁים כְּאִלּוּ הָיָה בָּאָרֶץ וּלְהִזָּהֵר בָּאֳכָלִין לְאָכְלָן בְּטָהֳרָה, כָּזֶה רָאוּי לָדוּן בָּהֶם. וּכְבָר כָּתַבְתִּי בַּמִּצְוָה הַקּוֹדֶמֶת דַּעַת הָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה בְּדִינֵי הַטֻּמְאוֹת, וְהוּא מִתְיַשֵּׁב בְּלֵב שׁוֹמְעוֹ, וְאֵינִי צָרִיךְ לְהַחְזִירוֹ בְּכָל אַחַת וְאַחַת.
And [it] is practiced in every place and at all times by males and females — that we determine the impurity of foods and drinks in this manner. And nonetheless now that, outside of the Land — on account of our iniquities — we do not have a Temple nor pure objects, the laws of impurities are annulled for us. But nonetheless, if one wants to practice them on his own — the practice of the holy ones — as if he was in the Land, and be careful about foods to eat them in purity; for this one, it is fit to determine them. And I have already written in the previous commandment the opinion of Ramban, may his memory be blessed, about the laws of the impurities — and it sits well in the heart of its listener. But I do not need to review it with each and every [commandment].