Commentaire sur Parah 4:7

פרת חטאת שלא לשמה פסולה (the cow for purification) – as Scripture states (Numbers 19:9): "חטאת היא"/It is for purification. And since the All-Merciful calls it “a purification,” we learned that it requires slaughter for its own sake like a sin-offering (see also Tractate Zevahim, Chapter 1, Mishnayot 1 and 4) – that a sin offering that was slaughtered not for its own sake or any of the other actions concerning it were performed not for its own sake, it is invalid).

Introduction Our mishnah describes various conditions that must be fulfilled for the red cow ceremony to be validly performed.

ורבי אליעזר מכשיר- since it is slaughtered outside the Sanctuary. But the Halakha is not according to Rabbi Eliezer.

If a hatat cow was slaughtered not for its own name, or if its blood was received or sprinkled not for its own name, or if this was done for its own name and for some other name, or for some other name and for its name, it is invalid. Rabbi Eliezer rules it valid. The hatat cow must be slaughtered and its blood must be received and sprinkled with the intent of this being for a hatat cow (the one used for the red cow ritual). If any part of these three actions are done for the sake of another type of sacrifice then it is invalid. This is true of all sacrifices, as we learned in the first chapter of Zevahim. Rabbi Eliezer says that the hatat cow is not treated like a regular sacrifice because its ritual is performed outside of the Temple.

ושלא רחוץ ידים ורגלים פסולה – for since it is called a "חטאת"/for purification (Numbers 19:9) by the All-Merciful, and for this it (i.e., the Mishnah) takes the term "רחוץ ידים ורגלים"/whose hand and feet were washed, and it (i.e., the Mishnah) does not teach "קידש"/sanctified, for it does not teach sanctified, inside or outside, whether with vessels dedicated to the Temple service or non-sacred vessels, he fulfills his religious obligation.

If [the service] was performed by one whose hands or feet were unwashed, it is invalid. Rabbi Eliezer rules that it is valid. All sacrifices must be performed by those who have washed their hands and feet (see Zevahim 2:1). Again, the sages say that the red cow is like other sacrifices and if the ritual is performed by someone who has not washed their hands and feet, it is invalid. And again, Rabbi Eliezer rules that it is valid.

ור' אליעזר מכשיר – for it is written (Exodus 30:20-21): that “when they enter the Tent Meeting [they shall wash with water, [that they may not die;] or when they approach the altar to serve…they shall wash their hands and feet, [that they may not die]. But the Halakha is not according to Rabbi Eliezer.

If it was performed by one who was not the high priest, it is invalid. Rabbi Judah rules that it is valid. The sages say that the red cow must be performed by the high priest himself, whereas Rabbi Judah disagrees.

שלא בכהן גדול פסולה – as it is written (Numbers 19:3): “You shall give it to Elzezar the priest,” it (the cow/heifer) to Eleazar, but the rest of the cows/heifers are not used, other than by the Kohen Gadol/High Priest.

If it was performed by one who was not wearing all the prescribed garments, it is invalid. And in white garments it was to be prepared. There are four pieces of clothing that all priests must wear when performing a sacrificial service: a cloak, pants, a headdress, and sash. Even if the high priest performs the ceremony, he performs it with the white garments worn by a regular priest and not with the eight garments worn by the high priest (see Yoma 7:5).

ור' אליעזר מכשיר- and the rest of all the cows, wither by the High Priest or whether by a common priest. But the Halakha is according to Rabbi Yehuda.

ובבגדי לבן הוא נעשית- that it is written regarding the cow/heifer (Numbers 19:10): “This shall be a permanent law for the Israelites and the strangers who reside among you,” and regarding Yom Kippur it is written (Leviticus 16:34): “This shall be to you a law for all time,” just as the Divine Service of Yom Kippur is with white clothes, so also is the action of the Cow/Heifer with white clothes.

חוץ מגיתה – the place that they make for its burning, like a species of a marked off place (i.e., selected for this purpose) which is corresponding to the opening of the hall containing the Golden Altar, but if he slaughtered it where it was not corresponding to the opening of the hall containing the Golden Altar, it is invalid.

Introduction Our mishnah continues to list things that can disqualify the validity of the burning of the red cow.

או בשתי גיתות – as for example, that he divided it into two and burned half of it in this marked off place and half of it in that marked off place.

If it was burnt outside its pit, or in two pits, or if two cows were burnt in the same pit, it is invalid. In 3:10 we learned that they would make a pit in which to burn the red cow. If it was burned outside of this pit, or if they made two pits, it is invalid. Similarly, they can't make two red cows in one pit. This is similar to the prohibition of not using one cow to prod out another in 3:7.

או ששרף שתים בגת אחת – even though he removed each one on its own/separately we invalidate them because of the labor, that this one invalidates the other one. But with that one after this one, it is fit/kosher.

If [the blood] was sprinkled but not in the direction of the entrance of the Holy of Holies, it is invalid. The blood must be sprinkled in the correct direction for it to be valid (see 3:9).

ולא כיון כנגד הפתח פסולה (and he did not aim at the door – of the Holy of Holies – it is invalid) – for it is written (Numbers 19:4): “[Eleazar the priest shall take some of its blood with his finger] and sprinkle it [seven times] toward the front of the Tent of Meeting.”

If he made the seventh sprinkling out of the sixth and then sprinkled again a seventh time, it is invalid. If the priest dips his finger into the blood and sprinkles a sixth time, and then with the remaining blood sprinkles a seventh time, it is invalid, even if he goes back and sprinkles another "seventh" time. The problem is that he sprinkled once without dipping and we learned in 3:9 that for every sprinkle he needs to redip his finger.

מששית שביעית – for seven times (Numbers 19:4) is written in their natural order, but he counted the seventh prior to the sixth, and went back and sprinkled for the seventh [time], it is invalid, for we require that he would call for the sixth, “the sixth,” and for the seventh, “the seventh.” But from the seventh for the eighth, it is fit/kosher, for there isn’t an eighth [time] in sprinklings of [the blood] of the cow/heifer, and this one erred in mere speech.

If he sprinkled an eighth time out of the seventh and then sprinkled again an eighth time, it is valid. In this case he sprinkled correctly seven times and then with the remains of the seventh sprinkle he performed an eighth sprinkling and then again dippied his finger and did another eighth sprinkling. Since he did seven proper sprinklings, the fact that he added more does not invalidate the act.

וחזר והזה שמינית – not exactly, for in each matter it is fit/kosher, whether he went back and sprinkled or whether he didn’t go back and sprinkle. But on account of/subsidiary to the first clause [of the Mishnah), it (i.e., the Mishnah) took it. Alternatively, it surely teaches us that even though he added in the sprinklings, he did not invalidate it, for when he completed the seven sprinklings, its Mitzvah was completed, and furthermore we don’t concern ourselves to what he adds.

שרפה שלא בעצים – that he kindled the fire with the body of the cow/heifer.

If he burned it without wood, or with any kind of wood, and even if only with straw or stubble, it is valid. Although the type of wood that should be used to burn the red cow is listed in 3:8, if he uses other wood, or even no wood at all, the act is still valid. It seems that the wood is not part of the mitzvah, but just something that enables the mitzvah and therefore using different material does not invalidate the mitzvah.

כשרה – that “wood” is not written in the Torah, but [only] "ושרף"/”and he shall burn [the cow in his sight]” (Numbers 19:5) plainly/merely.

If he flayed it and cut up, it is valid. The act is valid even if the cow is flayed and cut up before being burned. Of course, all of the cow must be burned.

או בכל עצים – that he didn’t burn it (i.e., the cow) with cedar wood, pine and cypress and wood of fig trees that are taught [in the Mishnah] in the chapter above (see Tractate Parah, Chapter 3, Mishnah 8).

If he slaughtered it with the intention of eating its flesh or drinking its blood, it is valid. Rabbi Eliezer rules: no intention can invalidate the red cow. The printed version reads "valid" but this seems to be an erroneous reading. Manuscripts and testimony from medieval commentaries read "invalid" which makes more sense. If he slaughters the red cow with the intention of eating its flesh or drinking its blood, he has invalidated it. Rabbi Eliezer is consistent with his position in mishnah one wrong intentions do not invalidate the red cow ritual since it is not considered to be a sacrifice.

הפשיטה ונתחה כשרה (if he stripped/flayed it and dissected it) – it is written (Numbers 19:5): “[The cow shall be burned in its sight -] its hide, flesh [and blood shall be burned],” whether through flaying and dissecting it or whether attached.

על מנת לאכול מבשרה או לשתות מדמה כשרה – and specifically to eat and to drink that the first Tanna/teacher validates it, that with all of the sacrifices also in that manner it is kosher/fit, as it is taught in the Mishnah in the [Third] Chapter “All the Invalid”/כל הפסולים (Mishnah 3, [folio 35a], he thought about eating something that he generally doesn’t eat, it is kosher/fit, as for example, from the food of the Altar for a person, but if he thought on the condition to sprinkle from its blood on the morrow, the first Tanna/teacher invalidates, for the All-Merciful calls it a “sin-offering.” But Rabbi Eliezer holds that thought does not invalidate with regard to a cow at all, even with sprinklings. But he goes according to his reasoning that what is done not for its own sake he validates at the beginning of our chapter (see Chapter 4, Mishnah 1), which has no law from the laws of Holy Things, since it was performed outside [the Temple walls]. But the Halakha is not according to Rabbi Eliezer.

כל העסוקין בפרה – the red [cow] in one of its acts of Divine Service, whether at the beginning, whether at the middle whether at the end.

Introduction Numbers 19:7-10 states, "The priest shall wash his garments and bathe his body in water; after that the priest may reenter the camp, but he shall be unclean until evening. 8 He who performed the burning shall also wash his garments in water, bathe his body in water, and be unclean until evening. 9 A man who is clean shall gather up the ashes of the cow and deposit them outside the camp in a clean place, to be kept for water of lustration for the Israelite community. It is for cleansing. 10 He who gathers up the ashes of the cow shall also wash his clothes and be unclean until evening." Most of our mishnah deals with who must wash their clothing.

מטמאין בגדים – as it is written (Numbers 19:6): “[And the priest shall take cedar wood, hyssop and crimson stuff, [and throw them into the fire consuming the cow,” and near/adjacent to it (Numbers 19:7): “The priest shall wash his garments,” but in its burning, it is written (Numbers 19:8): “He who performed the burning shall also wash his garments,” but the person who person who throws the hyssop defiles clothing, doesn’t the person who does all the more so [defiles his clothing]? But rather, the verse comes and teaches us on all who engage with the cow/heifer from the beginning to the end require the washing of clothing.

All who are occupied with the preparation of the [red] cow from the beginning until the end, defile their clothing, and they also render it invalid by [doing other] work. The mishnah rules that anyone who performs any aspect of the red cow service has defiled their clothing. They also render the red cow invalid if they do some other type of work while occupying themselves with the red cow. No multi-tasking while burning the red cow (so put away your cellphones ☺).

ופוסלין אותה במלאכה – as it is written (Numbers 19:3): “[It shall be taken outside the camp] and slaughtered [in his presence,” but not that another labor should be done with it at the time of is slaughtered. And similarly with regard to its slaughter it is written (Numbers 19:5): “[The cow shall be burned – in his sight], but not that another labor should be done with its burning, we learned that the labor invalidates it from the time of its slaughter until it becomes ashes.

If some invalidity occurred while it was being slaughtered, it does not defile clothing. If the cow turns out to be invalid while it is being slaughtered (for instance the slaughtering is not done correctly) then it doesn't count as a red cow ritual and the person's clothes will not be made impure.

אירע בה פסול בשחיטתה – not that it became ritually forbidden by unskillful slaughtering, for if so, it defiles clothing because of being an animal not slaughtered according to the ritual rules, but rather it is invalid on account of the labor, similar that if an invalidation occurred to it through its sprinkling.

If it occurred while the blood was being sprinkled, for all who were occupied with it before the invalidity occurred, it defiles their clothing, but for those who were occupied with it after it had become invalid it does not defile their clothing unclean. Thus it follows that the stringency turns into a leniency. The basic principle here is that if the person is occupied with the red cow ritual after it is already invalid, his clothes are not defiled. But if he was occupied with it after it was slaughtered but before it was invalidated, his clothes are defiled because the cow did count, at least for a time, as a red cow because it had been slaughtered properly. The result is that the stringency (the red cow has been invalidated) turns into a leniency (the clothes are not defiled).

אינה מטמאה בגדים – for since that its slaughter was with an invalidation, if so, nothing was yet done to it for the sake of the heifer’s fitness, but if an invalidation happened to it while sprinkling, the slaughtered had already taken place in fitness/being kosher.

It is always subject to the rules of trespassing. "Trespassing" is the illicit use of a sacred property. Any use of the red cow is considered trespassing, no matter when it is done.

לעולם מועלין בה – a person who benefits from it whether prior to its burning whether after its burning, is liable for the sacrifice of unlawful use of sacred property, until the ashes are made, but after the ashes are made, there is nothing in the ashes coming as a result of unlawful use of sacred property, as it is written (Numbers 19:9): “it is for purification”/"חטאת היא".

Wood may be added to the fire. It is permitted to add wood to the fire to help it burn. However, this is true only before it has become ash. If one adds wood after the cow has been turned to ash, he invalidates the ash.

ומרבין לה עצים- also especially until the ashes are made.

The service must be performed by day and by a priest. The entire service must be performed during the day and by a priest.

ומעשיה ביום – In the Tosefta (Tractate Parah, Chapter 4, Halakha 11) it explains, except for the gathering of its ashes and drawing [of water] and the mixing [of the ashes and the water], that they are able to gather the ashes of the cow/heifer at night, and to draw the water from the well and this is called the drawing of water/מילוי, and the putting into the ashes and this is called קידוש/mixing of the ashes in the waters of lustration, and all of this is permitted to be done at night. And all the actions concerning the cow/heifer are with a Kohen [only], except for the gathering of the ashes, and the drawing of the water and the mixing of the ashes in the waters of lustration and the sprinkling, which are appropriate for a non-Kohen/foreigner. The gathering of the ashes, as it is written (Numbers 19:9): “A man who is pure [shall gather up the ashes of the cow],” teaches that the gathering of the ashes is appropriate for any man. And [regarding] sprinkling, it states (Numbers 19:19): “The pure person shall sprinkle it upon the impure person [on the third day and on the seventh day],” whether he is a Kohen or whether he is not a Kohen.

Work renders it invalid. Work renders it invalid as we learned above in section one.

והמלאכה פוסלת במים – as it is written (Numbers 19:9): “to be kept for water of lustration for the Israelite community. [It is for purification],” just as the sin-offering is invalidated with work [done by those involved in the ritual], as we have written above, so also the waters are invalidated through work [done by those involved in the ritual] from the time of the drawing of the water.

[All of this is only] until it becomes ashes These words relate to everything that was taught in sections four through seven. Those rules apply only until it has been turned into ash. After it has been turned into ash, the rules of trespassing do not apply: one cannot add wood and the service does not need to be performed during the day or by a priest.

And work causes the water to be invalid until the ashes are put into it. Doing work with the water set aside for the sprinkling ritual renders it invalid, but only until the ash has been added.

עד שיטילו את האפר – that they cast in the water from the ashes of the cow/heifer according to the measure that the ashes will be seen in the water and from them he sprinkles upon the impure individual, but if after they cast the ashes into the water he performed another task at the time of the sprinkling, he did not invalidate it.