English translation — שמיני א

Sicha 1<pg>20</pg>

A.

Ruling of the Rambam<sup>1</sup>

: "The impurity of an am ha'aretz during the regel is considered like purity<sup>2</sup>

it is considered,

that all Yisrael are chaveirim during the regalim and their vessels all of them and their foods and their drinks are pure during the regel,

because everyone purifies themselves and ascends for the regel,

therefore they are trusted all the days of the regel whether regarding kodash or regarding terumah,

once the regel has passed they return to their impurity".

Explanation of the matter: Even though "an ignoramus..

he is presumed to be impure and his garments are a midras for purities etc., and they are not trusted regarding purities because they are not expert in the details of purities and impurities, and he is always in this presumption and is not trusted regarding purities until he accepts upon himself the matters of fellowship"<sup>3</sup>

— behold, "on the pilgrimage" he has the law of a "fellow",

"because everyone purifies themselves and ascends for the pilgrimage"

[and as the Rambam wrote elsewhere<sup>4</sup>

"All Israel are commanded to be pure on every pilgrimage because they are prepared to enter the Temple and eat holy things"].

And simply, this is like the law that the Rambam brought before this<sup>5</sup>,

that ignoramuses "are trusted regarding terumah at the time of the winepresses and olive-presses because all the people purify themselves and their vessels in order to make their wine and oil in purity,

once the winepresses and olive-presses have passed they are not trusted".

But it requires explanation of the conclusion of the words of the Rambam "after the festival passed they return to their impurity",

that the meaning of the words is that everything that the amei ha'aretz touched during the festival is retroactively impure,

as explained in the commentary on the law after this<sup>6</sup>

: "One who opens his barrel on the festival etc. and the festival passed, behold the rest of the barrel etc. is in a presumptive state of impurity because the amei ha'aretz touched it, and even though he did not touch it except at a time when he is like a chaver, it is not pure except during the days of the festival alone".

And in the law after this<sup>7</sup>

: after the festival etc. they would immerse all the vessels that were in the Temple because the amei ha'aretz touched them on the festival during the time of the holiday.

And it is perplexing: since according to the Rambam the reason for the law is — "because everyone purifies themselves and ascend for the festival",

meaning that the am ha'aretz purified himself on the festival,

why after the festival are they retroactively impure?

What is different from the credibility of an am ha'aretz regarding<pg>21</pg>

The terumah at the time of the winepresses and the vats"⁸,

that we do not say that after the winepresses the terumah is retroactively impure

(And this is because at the time of the winepresses they have a presumption of purity,

"because all the people purify themselves"),

And so it should have been said also in our case that "everyone purifies themselves",

that what they touched at the time of the festival must remain in its purity⁹

also after the festival.

2.

And now, in the source of this law

(that all Israel are considered associates on the festivals)

in Tractate Chagigah¹⁰

only a Scriptural derivation is brought — "for the verse says¹¹

And every man of Israel gathered to the city as one man, comrades

(It is written regarding the Concubine at Gibeah,

that all of Israel gathered in Gibeah.

Rashi)

"the verse made them all comrades"

(And a festival is a time of gathering.

Rashi)

[And in the Yerushalmi¹²

another verse is brought for this: "Jerusalem¹³

built as a city that is joined together with her,

a city that makes all of Israel into comrades,

henceforth even during the rest of the days of the year..

only at the time that there¹⁴

the tribes went up"]

— And according to this reason, there is room to say that this is only for the time of the festival,

but according to the reason in the Rambam, an explanation is needed as above,

and if so, it requires explanation why he brought it.

And even though the study of Scripture is merely an asmachta¹⁵,

since all impurity of an am ha'aretz is only rabbinic

(and certainly there is a reason for the nullification of the decree during the festival¹⁶)

— the Rambam should not have brought a reason for the matter at all¹⁷,

since seemingly there is in it insufficient explanation for the law of the purity of an am ha'aretz on the festival,

that after the festival he is retroactively impure¹⁸.

And behold, Rashi¹⁹

adopts a different reason,

who wrote "that all the days of the festival he was permitted not to <pg>22</pg>

“so as not to shame them”,

That is, that essentially they were not purified during the Festival

(And as his language²⁰

“I have not purified you with a purification, but rather during the Festival all are companions”,

“not because they are pure”),

Rather, the Sages revoked their decree for the days of the Festival in order “so as not to shame them”

(for they said and they said),

And according to this reason it is understood why after the Festival they are retroactively impure

(since their purification during the Festival is not a purification,

and they are not pure),

But according to the reason of the Rambam it is difficult²¹.

3.

In the Mishneh LaMelech²²

he wrote,

that also according to the Rambam “the main reason is because the Sages did not want to decree impurity upon the am ha’aretz during the Festival since everyone gathers in Jerusalem, and if we were to decree impurity upon them they would come to quarrel, and each one would make his own private [altar],

and they found a reason for this permission because everyone purifies themselves during the Festival, but after the Festival, when the reason is nullified, the matter returns to its original state.”

And simply, his intention is to explain the Gemara&lt;sup&gt;23&lt;/sup&gt;

regarding the reason for the trustworthiness of an am ha'aretz regarding sanctified items, because if "we do not accept from them, there will be enmity towards us..

All are trustworthy regarding the purity of wine and oil

(to accept from them wine for libations and oil for meal-offerings.

Rashi)

all the days of the year, so that each and every one should not go and build a private altar for himself" — and he holds that this is also the reason for the law that an am ha'aretz is trustworthy regarding purity on the Festival&lt;sup&gt;24&lt;/sup&gt;.

But this answer is not so understandable,

since according to his words, "the main reason" is missing from the text&lt;sup&gt;25&lt;/sup&gt;.

And further: regarding the reason for the law²⁶

that the amei ha'aretz "are deemed trustworthy regarding the purity of wine and oil for libations,"

the Rambam wrote²⁶

"this is in a presumptive state of purity because due to its stringency they are careful with it,"

and that is that the Rambam did not adopt the aforementioned reason in the Gemara that this is because of "enmity..

so that each and every one should not go and build a private altar for himself,"

but rather because "due to its stringency they are careful with it"²⁷,

and therefore he precisely says "this is in a presumptive state of purity"

(and not that it is a rabbinic enactment without further specification).

And similarly regarding the reason for the trustworthiness of an am ha'aretz "regarding the purity of the parah adumah water"<pg>23</pg>

the Rambam wrote²⁸

"because of its stringency they are not negligent with it,"

and not like the reason in the Talmud²³

"so that each and every one should not go..

and burn a red heifer for himself."

[And one must explain the reason,

according to the precise language of the Rambam&lt;sup&gt;29&lt;/sup&gt;

(regarding the law of impurity of an am ha'aretz)

that "an am ha'aretz..

is presumed to be impure",

and he did not write that the Sages decreed impurity upon him&lt;sup&gt;30&lt;/sup&gt;.

And one must explain his intention,

that the decree of the Sages is not only due to a concern of impurity

(doubtful impurity),

but they placed upon an am ha'aretz a presumption of impurity&lt;sup&gt;31&lt;/sup&gt;,

for since "they are not expert in the fine points of purities and impurities"

(as he writes later&lt;sup&gt;29&lt;/sup&gt;

regarding the reason they are not trusted concerning purities)

therefore they are in a presumption of impurity.

And therefore the Rambam holds that due to the concern of enmity

(and the like)

we would not abrogate this presumption,

but only because due to their stringency they are not lenient with it,

and therefore "behold this one is in a presumption of purity"&lt;sup&gt;32&lt;/sup&gt;].

And if so — it is difficult how it is possible to say,

that for the Rambam "the main reason" of the purity of an am ha'aretz on the Festival is that "they would come to quarrel and each one would do in his own [way]"?

4.

There are those who answered³³

the words of the Rambam,

that which it says "everyone purifies themselves" — "meaning from impurity of a corpse and they have only the impurity of an am ha'aretz which is rabbinic and they permitted it on the Festival specifically because of the joy of the Festival but after the Festival they immerse the vessels because of the impurity of an am ha'aretz".

And simply, one can say his intention according to what the Rambam said

(later³⁴)

that "an am ha'aretz who said I am pure from impurity of a corpse etc. is believed and they immerse him because of the impurity of an am ha'aretz only,

and he requires sunset and does not require sprinkling".

And that is,

that in the presumption of impurity of an am ha'aretz — two details: a)

that he was not careful about impurity of a corpse³⁵,

b)

they decreed that "amei ha'aretz themselves are like zavim regarding pure things"³⁶,

and an am ha'aretz is believed regarding impurity of a corpse

(to say I am pure from impurity of a corpse)

but he is not believed that he is pure

(completely)

(that he should not be like a zav regarding pure things).

And likewise on the Festival,

that even an am ha'aretz purifies himself from impurity of a corpse

(and is believed about this)

but not regarding the impurity of an am ha'aretz

(that he is like a zav regarding pure things).

And this is the intention of the Rambam,

that the reason that on the festival we are not concerned about impurity from a corpse

(which is a severe impurity)

is because "everyone purifies themselves"

(And regarding this impurity they are in a presumptive state of purity,

and we would not render them impure after the festival retroactively),

but still the law of impurity of an am ha'aretz remains,

and the reason that they did not decree this impurity on the festival is only because of "the joy of the festival"³⁷

(but not that he is intrinsically pure).

<pg>24</pg>

But also this interpretation is difficult to impose in the words of the Rambam,

that he stated plainly and wrote "impurity of an am ha'aretz on the festival is like purity etc. because all Israelites are associates etc. because everyone purifies themselves etc.",

and the simple meaning of his language,

that this is the reason for this, that there is no impurity of an am ha'aretz on the festival,

and not only the negation of impurity from a corpse

(and especially since the Rambam did not mention here impurity from a corpse).

And furthermore: Even according to this explanation, the main point is missing from the book,

it would have been necessary for the Rambam to explain the reason that the Sages revoked the impurity of an am ha'aretz on the festival

("because of the joy of Yom Tov").

[And especially since above³⁸

in the law that in Jerusalem am ha'aretz are trusted regarding earthenware vessels,

the Rambam explained the reason "And why did they lenient regarding them? Because they do not make kilns in Jerusalem",

and why did he not also explain in our case the reason for this leniency

(because of the joy of Yom Tov)].

5.

And this will be understood with an introduction of the difference between the Bavli and the Yerushalmi

(that was brought above in section 2)

— that in the Bavli the verse "And he gathered etc. as one man comrades" was brought,

and in the Yerushalmi — the verse "as a city that is joined together with her".

And one must examine the reason that the Bavli brought the verse of "And he gathered etc. as one man comrades",

that it speaks of Giv'ah

(and it is not relevant to the time of the Festival³⁹)

— and not the verse that was brought in the Yerushalmi that speaks of Yerushalayim

(where they ascend for the Festival⁴⁰).

And one could say,

that there is a difference between the two expositions in the essential reason and cause of the law⁴¹

:

According to the Yerushalmi, the main reason that all Israelites are trustworthy regarding purity during the festival is because they are found in Jerusalem

(because of the pilgrimage).

And according to this, one could say,

that the reason for the law is,

that just as there are things that due to their severity even an ignoramus is careful with them

(like the purification of the red heifer,

and wine and oil of libations),

similarly regarding the city of Jerusalem

("at the time when tribes went up there"),

that since there is the Holy Temple and the place of eating holy things,

therefore they are careful there most⁴²

[And therefore it could be thought "now even during the rest of the days of the year"

(that all year long an ignoramus has the status of a trustworthy associate in Jerusalem),

and they learn from the verse "except at the time when tribes went up",

that only then they are careful most].

Not so according to the Bavli, which brought the verse of “and they gathered, etc.” regarding the gathering in Giv'ah,

this is not because of the sanctity of the city of Jerusalem,

but rather because of the matter of the gathering of Bnei Yisrael&lt;sup&gt;43&lt;/sup&gt;,

that “a regel&lt;sup&gt;44&lt;/sup&gt;

the time of gathering is”

(and as explained in Rashi&lt;sup&gt;45&lt;/sup&gt;

“Whenever Yisrael are gathered to one place, they are called chaverim” — not specifically the gathering in Jerusalem&lt;sup&gt;46&lt;/sup&gt;).

&lt;pg&gt;25&lt;/pg&gt;

And in explaining the matter, one could say,

that when “Yisrael are gathered to one place,” the existence of the individual is nullified and there is only the existence of the public,

and we do not judge each and every individual by himself, but rather we judge the public

(and

(the law)

of the individual is drawn after the public).

And this is the explanation that “the verse made them all chaverim”,

that when all Yisrael are gathered together,

the entire public is invested with the category of chaver,

that the public of Yisrael are in the category of “chaverim”.

And this is what the Rambam wrote: "The impurity of an am ha'aretz during the festival is considered as purity,

for all Israel are chaveirim during the festivals,"

that applies to the public

("all Israel")

the definition of a chaver.

And based on this, it can be said that this is also the intent of the Rambam in his words "because everyone purifies themselves and ascends for the festival": his intent is not that every individual certainly purified himself from all his impurity completely,

but rather his main intent is "that everyone — the entire public — purifies themselves"⁴⁷

[And therefore he changed from his wording above regarding the law of trustworthiness of an am ha'aretz concerning terumah at the time of the winepresses and vats — "because all the people purify themselves and their vessels,"

and wrote "that everyone,"

for there his intent is that all the people,

each and every individual purifies himself and his vessels,

but not so here]

; and this purity is related to the ascent for the festival — "and ascend for the festival" — meaning that they gather in one place⁴⁸

and therefore they are one public upon which applies the definition and law of a "chaver."

And based on this, the reason is understood that after the festival it is retroactively impure,

because this am ha'aretz has the status of a chaver during the festival only because he is one of the public,

that from the aspect of the definition of chaver that applies to the entire public, it also applies to him the status of chaver

(and it can be said that this is in the manner of the law of impurity that is pushed aside in the public),

but after the festival,

when the definition of chaver that applied to the public is nullified,

then each individual is judged by himself, and what he touched during the festival is retroactively impure.

6.

And this can be explained in the manner of hint and moral instruction,

based on what is said⁴⁹

"Who dwells with them in the midst of their impurity",

"Even though they are impure, the Divine Presence is among them"⁵⁰

— that when Israel are gathered together,

until they become unified together and become a single entity of a public,

then the Holy One, blessed be He, is present with them,

and further<pg>26</pg>

This — in the manner of "dwelling",

"because of the name that dwells and is clothed"⁵¹,

meaning that the Shechinah clothes itself within each and every one of Israel even when they are in a state of their "impurity".

And in the inwardness of the matters one may add:

It is explained in M"A that this that only Israel are a single entity of a public⁵²,

is because there is a matter in the soul of every Jewish person,

that is exactly equal among all Israel,

from the smallest of the small ones until the greatest of the great ones

(and it is above division entirely⁵³)

;

And this matter is the aspect of "yechidah" in the soul,

from the term "yachid",

because its content is that it is unified with Him, blessed be He,

in the ultimate unity,

and because of the "yechidah" all Israel are like one single point.

And this is also the reason for "as long as Israel are gathered in one place they are called friends"⁵⁴,

that when Israel unite together,

in complete unity

(a reality of a public),

the yechidah is revealed in them,

and from this aspect they are above any matter of impurity,

for the matter of impurity can touch only the revealed powers of a Jewish person,

but not the aspect of yechidah⁵⁵,

and therefore in this state of gathering on the pilgrimage — "all Israel are friends."

(From the talk of 20 Marcheshvan 5746)