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Babylonian Talmud: Tractate Tohoroth

Folio 1

CHAPTER I

MISHNAH 1. THIRTEEN RULINGS GOVERN THE CARRION OF A CLEAN BIRD: THERE MUST BE1  INTENTION2  BUT3  IT NEED NOT BE RENDERED SUSCEPTIBLE;4  IT CONVEYS FOOD UNCLEANNESS5  IF ITS MINIMUM BULK IS THAT OF AN EGG; AND IT CONVEYS UNCLEANNESS6  WHEN IN ONE'S GULLET7  IF ITS MINIMUM BULK IS THAT OF AN OLIVE; HE THAT EATS OF IT MUST WAIT8  UNTIL SUNSET;9  GUILT IS INCURRED ON ACCOUNT OF IT FOR ENTERING THE SANCTUARY;10  TERUMAH IS BURNT ON ACCOUNT OF IT;11  HE WHO EATS A MEMBER OF IT WHILE IT IS ALIVE MUST SUFFER THE PENALTY OF FORTY STRIPES;12  SLAUGHTERING IT13  OR WRINGING ITS NECK14  FREES IT FROM UNCLEANNESS EVEN WHEN IT IS TREFA.15  SO R. MEIR.16  R. JUDAH RULED: THEY DO NOT FREE IT FROM UNCLEANNESS. R. JOSE RULED: THE SLAUGHTERING13  DOES FREE IT FROM THE UNCLEANNESS BUT THE WRINGING OF ITS NECK14  DOES NOT.

MISHNAH 2. THE LARGE FEATHERS17  AND THE DOWN18  CONTRACT UNCLEANNESS,19  AND20  CONVEY UNCLEANNESS21  BUT DO NOT COMBINE [WITH THE FLESH TO CONSTITUTE THE PRESCRIBED MINIMUM].22  R. ISHMAEL RULED: THE DOWN DOES COMBINE [WITH THE FLESH]. THE BEAK23  AND THE CLAWS24  CONTRACT UNCLEANNESS19  AND20  CONVEY UNCLEANNESS AND ALSO COMBINE[WITH THE FLESH TO CONSTITUTE THE PRESCRIBED MINIMUM].22  R. JOSE RULED: ALSO THE ENDS25  OF THE WINGS AND THE END25  OF THE TAIL COMBINE [WITH THE FLESH TO CONSTITUTE THE MINIMUM].22  SINCE THEY ARE LEFT UNPLUCKED ON FATTENED BIRDS.26

MISHNAH 3. THE CARRION OF AN UNCLEAN BIRD NECESSITATES27  INTENTION28  AND27  IT MUST BE RENDERED SUSCEPTIBLE;29  IT CONVEYS FOOD UNCLEANNESS30  IF ITS MINIMUM BULK31  IS THAT OF AN EGG; THE CONSUMPTION OF A HALF OF HALF A LOAF'S BULK32  OF IT33  RENDERS ONE'S PERSON UNFIT TO EAT TERUMAH;34  AN OLIVE'S BULK OF IT IN ONE'S GULLET CONVEYS NO UNCLEANNESS; HE WHO EATS OF IT NEED NOT WAIT FOR SUNSET;35  NO GUILT IS INCURRED ON ACCOUNT OF IT36  FOR ENTERING THE SANCTUARY;37  BUT ON ACCOUNT OF IT36  TERUMAH38  MUST BE BURNT; HE WHO EATS A MEMBER OF IT WHILE IT IS ALIVE IS NOT SUBJECT TO THE PENALTY OF FORTY STRIPES,39  BUT SLAUGHTERING IT DOES NOT IMMEDIATELY40  RENDER IT FIT.41  THE LARGE FEATHERS AND THE DOWN CONTRACT UNCLEANNESS AND CONVEY UNCLEANNESS AND COMBINE WITH THE FLESH TO CONSTITUTE THE PRESCRIBED MINIMUM. THE BEAK AND THE CLAWS CONTRACT UNCLEANNESS AND CONVEY UNCLEANNESS AND COMBINE [WITH THE FLESH TO MAKE UP THE PRESCRIBED MINIMUM].

MISHNAH 4. IN THE CASE OF CATTLE, THE HIDE, GREASE, SEDIMENT, FLAYED-OFF FLESH, BONES, SINEWS, HORNS AND HOOFS COMBINE42  [WITH THE FLESH] TO CONVEY FOOD UNCLEANNESS43  BUT NOT TO CONVEY CARRION UNCLEANNESS.44  SIMILARLY, IF A MAN45  SLAUGHTERED AN UNCLEAN BEAST FOR AN IDOLATER AND IT WAS STILL JERKING ITS LIMBS,46  IT CONVEYS FOOD UNCLEANNESS;47  BUT IT CONVEYS NO CARRION UNCLEANNESS UNTIL IT IS DEAD OR ITS HEAD IS CHOPPED OFF.48  [SCRIPTURE THUS] LAID DOWN MORE RESTRICTIONS IN REGARD TO THE CONVEYANCE OF FOOD UNCLEANNESS THAN IN REGARD TO THE CONVEYANCE OF CARRION UNCLEANNESS.

MISHNAH 5. A FOODSTUFF THAT CONTRACTED UNCLEANNESS FROM A 'FATHER OF UNCLEANNESS' AND ONE THAT CONTRACTED UNCLEANNESS FROM A DERIVED UNCLEANNESS49  MAY BE COMBINED TOGETHER50  TO CONVEY UNCLEANNESS ACCORDING TO THE LIGHTER GRADE OF THE TWO.HOW SO? IF THE BULK OF HALF AN EGG OF FOOD OF A FIRST GRADE OF UNCLEANNESS AND THE BULK OF HALF AN EGG OF FOOD OF A SECOND GRADE OF UNCLEANNESS WERE MIXED TOGETHER, THE TWO51  ARE REGARDED AS SUFFERING ONLY SECOND GRADE UNCLEANNESS;52  AND IF THE BULK OF HALF AN EGG OF FOOD OF A SECOND GRADE OF UNCLEANNESS AND THE BULK OF HALF AN EGG OF FOOD OF A THIRD GRADE OF UNCLEANNESS WERE MIXED TOGETHER, THE TWO51  ARE REGARDED AS SUFFERING ONLY THIRD GRADE OF UNCLEANNESS.53  IF THE BULK OF AN EGG OF FOOD OF A FIRST GRADE OF UNCLEANNESS AND THE BULK OF AN EGG OF FOOD OF A SECOND GRADE OF UNCLEANNESS WERE MIXED TOGETHER, BOTH51  ARE REGARDED54  AS SUFFERING FIRST GRADE UNCLEANNESS;55  BUT IF THEY WERE THEN DIVIDED, EACH PART56  IS REGARDED AS SUFFERING ONLY A SECOND GRADE OF UNCLEANNESS.57  IF EACH PART58  SEPARATELY FELL ON A LOAF OF TERUMAH, THEY CAUSE IT TO BECOME UNFIT,59  BUT IF THE TWO FELL TOGETHER THEY CAUSE IT TO SUFFER SECOND GRADE OF UNCLEANNESS.

MISHNAH 6. THE BULK OF AN EGG OF FOOD OF A SECOND GRADE OF UNCLEANNESS AND THE BULK OF AN EGG OF FOOD OF A THIRD GRADE OF UNCLEANNESS THAT WERE MIXED TOGETHER ARE51  REGARDED AS SUFFERING SECOND GRADE OF UNCLEANNESS.60  IF THEY WERE THEN DIVIDED, EACH PART61  IS REGARDED AS SUFFERING ONLY THIRD GRADE OF UNCLEANNESS.62  IF EACH PART SEPARATELY FELL ON A LOAF OF TERUMAH THEY DO NOT RENDER IT INVALID,63  BUT IF THE TWO FELL TOGETHER THEY CAUSE IT TO SUFFER THIRD GRADE OF UNCLEANNESS. THE BULK OF AN EGG OF FOOD OF A FIRST GRADE OF UNCLEANNESS AND THE BULK OF AN EGG OF FOOD OF A THIRD GRADE OF UNCLEANNESS THAT WERE MIXED TOGETHER ARE64  REGARDED AS SUFFERING FIRST GRADE OF UNCLEANNESS,65  BUT IF THEY WERE THEN DIVIDED, EACH PART IS REGARDED AS SUFFERING ONLY SECOND GRADE UNCLEANNESS,60  FOR EVEN THE THIRD GRADE THAT TOUCHED THE FIRST HAS BECOME ONLY A SECOND GRADE. IF THE BULK OF TWO EGGS OF FOOD OF THE FIRST GRADE OF UNCLEANNESS AND THE BULK OF TWO EGGS OF FOOD OF THE SECOND GRADE OF UNCLEANNESS WERE MIXED TOGETHER THEY ARE REGARDED AS SUFFERING FIRST GRADE OF UNCLEANNESS. IF THEY WERE THEN DIVIDED, EACH PART IS STILL REGARDED AS SUFFERING FIRST GRADE OF UNCLEANNESS. BUT IF THEY WERE DIVIDED INTO THREE OR FOUR PARTS, EACH IS REGARDED AS SUFFERING FROM SECOND GRADE. IF THE BULK OF TWO EGGS OF FOOD OF THE SECOND GRADE OF UNCLEANNESS AND THE BULK OF TWO EGGS OF FOOD OF THE THIRD GRADE OF UNCLEANNESS WERE MIXED TOGETHER, THEY ARE REGARDED AS SUFFERING SECOND GRADE OF UNCLEANNESS. IF THEY WERE THEN DIVIDED, EACH PART IS STILL REGARDED AS SUFFERING SECOND GRADE OF UNCLEANNESS. BUT IF THEY WERE DIVIDED INTO THREE OR FOUR PARTS, EACH IS REGARDED AS SUFFERING ONLY THIRD GRADE OF UNCLEANNESS.

MISHNAH 7. IF PIECES OF DOUGH66  CLUNG TO EACH OTHER67  OR IF LOAVES ADHERED TO EACH OTHER,68  AND ONE OF THEM CONTRACTED UNCLEANNESS FROM A [DEAD] CREEPING THING,69  THEY ALL BECOME UNCLEAN IN THE FIRST GRADE;70  AND IF THEY WERE THEN SEPARATED THEY ARE STILL REGARDED AS SUFFERING FIRST GRADE OF UNCLEANNESS. IF ONE OF THEM CONTRACTED UNCLEANNESS FROM A LIQUID71  THEY ALL SUFFER SECOND GRADE OF UNCLEANNESS;70  AND IF THEY WERE THEN SEPARATED THEY ARE STILL REGARDED AS SUFFERING SECOND GRADE OF UNCLEANNESS. IF ONE OF THEM CONTRACTED UNCLEANNESS FROM THE HANDS,72  THEY ALL BECOME UNCLEAN IN THE THIRD GRADE; AND IF THEY WERE THEN SEPARATED THEY ARE STILL REGARDED AS SUFFERING THIRD GRADE OF UNCLEANNESS.

MISHNAH 8. IF TO A PIECE OF DOUGH73  THAT WAS SUFFERING FIRST GRADE OF UNCLEANNESS OTHERS WERE MADE TO ADHERE,67  THEY ALL BECOME UNCLEAN IN THE FIRST GRADE;70  AND IF IT WAS SEPARATED, IT STILL REMAINS UNCLEAN IN THE FIRST GRADE BUT ALL THE OTHERS ARE REGARDED AS SUFFERING ONLY SECOND GRADE OF UNCLEANNESS.74  IF TO A PIECE OF DOUGH73  THAT WAS SUFFERING SECOND GRADE OF UNCLEANNESS OTHERS WERE MADE TO ADHERE,67  THEY ALL BECOME UNCLEAN IN THE SECOND GRADE;70  AND IF IT WAS SEPARATED, IT STILL REMAINS UNCLEAN IN THE SECOND GRADE BUT ALL THE OTHERS ARE ONLY UNCLEAN IN THE THIRD GRADE OF UNCLEANNESS. IF TO A PIECE73  THAT WAS UNCLEAN IN THE THIRD GRADE OTHERS WERE MADE TO ADHERE,67  IT REMAINS UNCLEAN IN THE THIRD GRADE BUT ALL THE OTHERS REMAIN CLEAN,75  IRRESPECTIVE OF WHETHER THEY WERE SUBSEQUENTLY SEPARATED FROM IT OR WHETHER THEY WERE NOT SEPARATED.

MISHNAH 9. IF OF HOLY LOAVES76  IN WHOSE HOLLOWS THERE WAS HOLY WATER77  ONE CONTRACTED UNCLEANNESS FROM A [DEAD]CREEPING THING, THEY ALL BECOME UNCLEAN.78  IN THE CASE OF LOAVES OF TERUMAH,79  UNCLEANNESS IS CONVEYED TO TWO LOAVES80  AND INVALIDITY TO ONE.81  IF THERE WAS DRIPPING LIQUID BETWEEN THEM,82  EVEN IN THE CASE OF TERUMAH ALL82  BECOME UNCLEAN.83

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Original footnotes renumbered.
  1. If it is to convey uncleanness.
  2. To use it as human food.
  3. Unlike other dry permitted foodstuffs.
  4. To uncleanness, by purposely bringing it in contact with a liquid.
  5. Sc. renders clean foodstuffs, which it touches, unclean in the second grade.
  6. To the man who eats it who becomes a 'father of uncleanness' and in turn conveys an uncleanness of the first grade to clothes or vessels with which he is then in contact.
  7. Even before it had been swallowed.
  8. Before he can attain cleanness.
  9. Immersion alone being insufficient.
  10. After eating of it.
  11. If it or the man who ate it came in contact with the terumah.
  12. A round figure for the prescribed thirty-nine.
  13. Outside the Temple.
  14. In the Temple, as a sacrifice (cf. Lev. I, 15).
  15. And forbidden as food.
  16. Whose nine (out of the thirteen) rulings have so far been enumerated. The other four follow in the next Mishnah anonymously and are likewise the rulings of R. Meir.
  17. Aliter: The small feathers.
  18. Of a clean bird
  19. In case the bird was not carrion and a dead creeping thing touched it.
  20. If the bird was carrion.
  21. To foodstuffs that touched them.
  22. Of an egg or an olive (cf. supra I, I ab init.) to convey uncleanness. These do not act as 'protection' to the flesh to serve as correctives, v. 'Uk. I, I.
  23. So much of it as is covered with flesh.
  24. Cf. prev. n.
  25. Nearest the body.
  26. Thus constituting a union with the flesh.
  27. If it is to contract and convey uncleanness.
  28. To use it as food.
  29. To uncleanness, by purposely bringing it in contact with a liquid.
  30. Renders foodstuffs that it touches unclean.
  31. That touched a dead creeping thing.
  32. The bulk of two eggs (Rashi) or one and a half eggs (Maim.).
  33. When it was unclean.
  34. Before performing immersion, though there is no need to wait for sunset.
  35. But may eat terumah even before.
  36. If a man ate the prescribed minimum after it had become unclean.
  37. Since the uncleanness conveyed to the man is only Rabbinical.
  38. That the man touched.
  39. Because the relevant prohibition does not apply to forbidden creatures (v. Hul. 102a).
  40. While it is still struggling and subject to the prohibition of a 'member from the living'.
  41. For a Noachite who is permitted carrion but not a 'member from the living'.
  42. To make up the prescribed minimum of the bulk of an egg.
  43. If the flesh had contracted uncleanness from a dead creeping thing for instance.
  44. To make up the bulk of an olive, for eating. touching or carrying, which is the prescribed minimum in the case of carrion.
  45. An Israelite.
  46. When to a Noachite it is still forbidden as a 'member of a living animal'.
  47. Because the slaughtering performed by the Israelite, which renders a clean beast fit for consumption, also causes an unclean beast to be regarded as food both in respect of contracting uncleanness and of conveying it.
  48. This is derived in Hul. 117b from Lev. XI, 39.
  49. So that the former is subject to a first grade, and the latter only to a second grade of uncleanness.
  50. To make up the prescribed minimum of the bulk of an egg.
  51. While they are together.
  52. Which causes no uncleanness to unconsecrated foodstuffs and only invalidity to terumah.
  53. That causes no invalidity even to terumah.
  54. Since the mixture contains the full prescribed minimum of this grade of uncleanness.
  55. Which consequently causes unconsecrated food to be unclean.
  56. Which contains only a half of the prescribed minimum of each grade.
  57. As supra.
  58. Which is suffering second grade of uncleanness.
  59. Since terumah is rendered invalid by a second grade of uncleanness. The term 'unfit' in connection with uncleanness denotes that the uncleanness contracted is not capable of being conveyed a grade further.
  60. V. p. 364, n. 4.
  61. V. p. 364, n. 8.
  62. V. p. 364, n. 9.
  63. A third grade of uncleanness (unlike a second grade) cannot cause terumah to be invalid.
  64. V. p. 364, n. 3.
  65. V. p. 364, n. 7.
  66. Of terumah.
  67. To such an extent that it is impossible to separate one from the other without tearing away some dough from the one or the other.
  68. Cf. prev. n.
  69. Which is a 'father of uncleanness' and imparts a first grade of uncleanness.
  70. Their adhesion causing them to be regarded as one.
  71. Which is invariably subject to the first grade of uncleanness.
  72. Which, unless especially taken care of, are always regarded as suffering second grade of uncleanness and impart third grade of uncleanness.
  73. Of terumah.
  74. Imparted to them by the piece that is first grade of uncleanness.
  75. Since there is no fourth grade of uncleanness in terumah.
  76. E.g., Shewbread; and the loaves were touching each other.
  77. I.e., water that was prepared in purity under conditions of holiness.
  78. Since the first loaf that was touched by the creeping thing contracted a first grade of uncleanness; the second loaf contracted from the first one a second grade of uncleanness; the third loaf contracts from the second a third grade of uncleanness and (since in the case of holy things a third grade may cause a fourth grade of uncleanness) it also imparts uncleanness to the water on it which (in accordance with the uncleanness of liquids) becomes unclean in the first grade and causes the loaf to contract second grade of uncleanness and so impart to the next loaf third grade of uncleanness. The next loaf, for the same reason, imparts second grade of uncleanness to the one next to it, and so on ad infinitum. Var. lec.: If consecrated loaves lay in their hollows (i.e., the loaves were each lying in separate hollows of a board), and similarly holy water (in the hollows of a stone).
  79. Which, unlike holy things, never suffers fourth grade of uncleanness.
  80. First grade uncleanness is conveyed by the creeping thing to the first loaf which it touched, and second grade uncleanness is conveyed by the first loaf to the second one that touched it.
  81. The third loaf that was touched by the second. Since in terumah a third cannot make a fourth it becomes only invalid but not unclean. As the loaf in the third grade cannot convey uncleanness, the water on it remains clean so that neither it nor the water can convey uncleanness to the next loaf that touched it, which (like the next loaf that touched it and the one that touched the next, and so on) consequently remains clean.
  82. The loaves.
  83. The liquid between the first loaf and a second becomes, in accordance with the law of unclean liquids, unclean in the first grade and consequently conveys uncleanness of the second grade to the second loaf that touched it. Similarly the water between the second and the third loaves becomes unclean in the first grade and causes the third loaf to be unclean in the second grade, and so on ad infinitum.
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