Halakhah к Шмот 12:45

That we not feed of the Pesach sacrifice to a stranger or a resident: To not give (allow) to eat from the meat of the Pesach sacrifice to a stranger or resident, as it is stated (Exodus 12:45), "The resident or wage-worker shall not eat it." And a "resident" is a man from the [other] nations who takes upon himself not to worship idolatry, but eats carcasses. And a "hired laborer" is a convert who has circumcised himself but not immersed [in a mikveh] - as so did our Sages, may their memory be blessed, explain (Yevamot 71a).

That He prohibited an uncircumcised one from eating the priestly tithe. And the law is the same for other consecrated foods - that an uncircumcised one is forbidden to eat them. But this [prohibition of] eating is not made explicit in Scripture, but is rather learned from a verbal analogy. Yet the receivers [of the tradition] have explained that this prohibition is from the Torah. And the language of the Gemara, Yevamot (Yevamot 70a), is, "From where [do we know] that an uncircumcised one does not eat priestly tithe? It is stated, 'A sojourner (toshav) and a hired servant' (Exodus 12:45) with regard to the Pesach-offering; and [it is stated, 'a tenant (toshav) of a priest, or a hired servant, shall not eat of the consecrated food' (Leviticus 22:10),] with regard to priestly tithe. Just as 'a toshav and a hired servant,' stated with regard to the Pesach-offering, an uncircumcised one is forbidden from [eating] it; so too, 'a toshav and a hired servant,' stated with regard to priestly tithe, an uncircumcised one is forbidden from [eating] it." And the law is the same for other consecrated foods. And this is also the language of Sifra (Sifra, Emor, Chapter 4:18). And there they said, "Rabbi Akiva said, '"A man, a man" (Exodus 12:4), is to include the uncircumcised.'" And there - meaning in the Gemara, Yevamot - it is made clear that according to the Torah, one [whose circumcised foreskin is] pulled may eat of the priestly tithe. But [rabbinically], they decreed about him [that he may not eat of it], because he looks like one who is uncircumcised. Behold it has already been made clear to you that one uncircumcised is forbidden [to eat] priestly tithe, from the Torah; whereas one who is pulled is forbidden [rabbinically]. And understand this. And there, they said, "One pulled must get circumcised [rabbinically]." (See Parashat Emor; Mishneh Torah, Heave Offerings 7.)

That an uncircumcised one not eat priestly tithe: That an uncircumcised one not eat priestly tithe; meaning to say, a priest that is not circumcised - whether he is volitional or inadvertent or from duress, such as when his brothers died because of circumcision, so that the fear of death prevented him from being circumcised; in any manner that it be - since he is uncircumcised, he is forbidden to eat priestly tithe. And the same is the law - that he is forbidden - with other consecrated foods. And this prevention is not elucidated in Scripture, but we rather learn it from an inferential comparison. And the transcriber wrote in the name of Rambam, may his memory be blessed, (Sefer HaMitzvot, Mitzvot Lo Taase 135), "The ones that received the tradition elucidated with this, that this prohibition is from Torah writ and not rabbinic. And the language of Yevamot 70a is, 'From where [do we know] that an uncircumcised does not eat priestly tithe? It is stated, "a boarder and a hired worker" (Exodus 12:45) with regard to the Pesach [sacrifice], and it is stated, "a boarder and a hired worker" (Leviticus 22:10) with regard to priestly tithe. Just as "a boarder and a hired worker" with regard to the Pesach, an uncircumcised is prohibited [from eating] it, so too, "a boarder and a hired worker" stated with regard to priestly tithe, an uncircumcised is prohibited [from eating] it.' And the same is the law for other holy foods. And this is likewise the language of Sifra, Emor, Chapter 4:18. And there it is stated, 'Rabbi Akiva says, "Every man (literally, A man, a man)" (Leviticus 22:4), [is] to include the uncircumcised.' And there - meaning in the Gemara Yevamot 72a - it is elucidated that a stretched [may] eat from priestly tithe from the word of the Torah, but [the Rabbis] decreed [that he may not] because he appears like one uncircumcised. And a stretched is one who stretched his foreskin in a way that he would appear as if he was uncircumcised, after he was circumcised. Behold, it is already elucidated that an uncircumcised is forbidden from the Torah and a stretched is forbidden rabbinically. And understand this. And there it is said that a stretched must be circumcised [again] rabbinically." To here [are his words].