Babylonian Talmud: Tractate Tohoroth

Folio 8

CHAPTER VIII

MISHNAH 1. IF A MAN WHO DWELT IN THE SAME COURTYARD WITH AN 'AM HA- AREZ FORGOT SOME VESSELS IN THE COURTYARD, EVEN THOUGH THEY WERE JARS WITH TIGHTLY FITTING COVERS, OR AN OVEN WITH A TIGHTLY FITTING COVER, THEY ARE DEEMED UNCLEAN.¹  R. JUDAH RULES THAT AN OVEN²  IS CLEAN WHENEVER IT HAS A TIGHTLY FITTING COVER. R. JOSE RULED: AN OVEN ALSO IS DEEMED UNCLEAN UNLESS IT WAS PROVIDED WITH A SCREEN TEN HANDBREADTHS HIGH.³

MISHNAH 2. IF A MAN DEPOSITED VESSELS WITH AN 'AM HA-AREZ THEY ARE DEEMED TO BE UNCLEAN WITH CORPSE UNCLEANNESS⁴  AND WITH MIDRAS UNCLEANNESS.⁵  IF THE LATTER KNEW HIM⁶  TO BE A CONSUMER OF TERUMAH,⁷  THEY ARE FREE FROM CORPSE UNCLEANNESS⁸  BUT⁹  ARE UNCLEAN WITH MIDRAS UNCLEANNESS.¹⁰  R. JOSE RULED: IF THE MAN⁶  ENTRUSTED HIM,¹¹  WITH A CHEST FULL OF CLOTHES, THEY ARE DEEMED TO BE UNCLEAN WITH MIDRAS WHEN THEY ARE TIGHTLY PACKED,¹²  BUT IF THEY ARE NOT TIGHTLY PACKED THEY ARE ONLY DEEMED TO BE UNCLEAN WITH MIDDAF,¹³  EVEN THOUGH THE KEY IS IN THE POSSESSION OF THE OWNER.¹⁴

MISHNAH 3. IF AN ARTICLE WAS LOST DURING THE DAY AND WAS FOUND ON THE SAME DAY IT REMAINS CLEAN.¹⁵  IF IT WAS LOST DURING DAYTIME AND FOUND IN THE NIGHT, OR IF IT WAS LOST IN THE NIGHT AND FOUND DURING THE DAY¹⁶  OR IF IT WAS LOST ON ONE DAY AND FOUND ON THE NEXT DAY, IT IS DEEMED TO BE UNCLEAN.¹⁷  THIS IS THE GENERAL RULE: PROVIDED A NIGHT OR PART OF A NIGHT HAS PASSED OVER IT IT IS DEEMED UNCLEAN. IF CLOTHES HAVE BEEN SPREAD OUT¹⁸  IN A PUBLIC DOMAIN, THEY REMAIN CLEAN;¹⁹  BUT IF IN A PRIVATE DOMAIN THEY ARE DEEMED UNCLEAN.²⁰  IF, HOWEVER, ONE KEPT WATCH OVER THEM, THEY REMAIN CLEAN.²¹  IF THEY FELL DOWN AND HE²²  WENT TO BRING THEM, THEY ARE DEEMED UNCLEAN.²³  IF A MAN'S BUCKET FELL INTO THE CISTERN OF AN 'AM HA-AREZ AND HE WENT TO BRING SOMETHING WHEREWITH TO DRAW IT UP, IT IS DEEMED UNCLEAN, SINCE IT WAS LEFT FOR A TIME IN THE DOMAIN OF AN 'AM HA-AREZ.

MISHNAH 4. IF A MAN LEFT HIS HOUSE OPEN AND FOUND IT OPEN,²⁴  OR CLOSED AND FOUND IT CLOSED,²⁵  OR OPEN²⁴  AND FOUND IT CLOSED, IT REMAINS CLEAN;²⁶  BUT IF HE LEFT IT CLOSED AND FOUND IT OPEN, R. MEIR RULES THAT IT IS DEEMED UNCLEAN,²⁷  AND THE SAGES RULE THAT IT REMAINS CLEAN,²⁸  SINCE, THOUGH THIEVES HAD BEEN THERE, THEY MAY HAVE CHANGED THEIR MIND²⁹  AND GONE AWAY.

MISHNAH 5. IF THE WIFE OF AN 'AM HA-AREZ ENTERED A HABER'S HOUSE³⁰  TO TAKE OUT HIS SON OR HIS DAUGHTER OR HIS CATTLE, THE HOUSE REMAINS CLEAN, SINCE SHE HAD ENTERED IT WITHOUT PERMISSION.³¹

MISHNAH 6. A GENERAL RULE HAS BEEN LAID DOWN CONCERNING CLEAN FOODSTUFFS: WHATEVER IS DESIGNATED AS FOOD FOR HUMAN CONSUMPTION IS SUSCEPTIBLE TO UNCLEANNESS UNLESS IT IS RENDERED UNFIT TO BE FOOD FOR A DOG; AND WHATEVER IS NOT DESIGNATED AS FOOD FOR HUMAN CONSUMPTION IS NOT SUSCEPTIBLE TO UNCLEANNESS UNLESS IT IS DESIGNATED FOR HUMAN CONSUMPTION. FOR INSTANCE? IF³²  A PIGEON FELL INTO A WINE-PRESS³³  AND ONE INTENDED TO PICK IT OUT FOR AN IDOLATER,³⁴  IT BECOMES SUSCEPTIBLE TO UNCLEANNESS; BUT IF HE INTENDED IT FOR A DOG IT IS NOT SUSCEPTIBLE TO UNCLEANNESS. R. JOHANAN B. NURI RULES THAT IT IS SUSCEPTIBLE TO UNCLEANNESS. IF A DEAF MUTE, AN IMBECILE OR A MINOR INTENDED IT AS FOOD,³⁵  IT REMAINS INSUSCEPTIBLE; BUT IF THEY PICKED IT UP³⁵  IT BECOMES SUSCEPTIBLE; SINCE ONLY AN ACT OF THEIRS³⁶  IS EFFECTIVE WHILE THEIR INTENTION IS OF NO CONSEQUENCE.

MISHNAH 7. THE OUTER PARTS OF VESSELS THAT HAVE CONTRACTED UNCLEANNESS FROM LIQUIDS, R. ELIEZER RULED, CONVEY UNCLEANNESS TO LIQUIDS³⁷  BUT³⁸  DO NOT RENDER FOODSTUFFS UNFIT.³⁹  R. JOSHUA RULED: THEY CONVEY UNCLEANNESS TO LIQUIDS³⁷  AND ALSO RENDER FOODSTUFFS⁴⁰  UNFIT. SIMEON THE BROTHER OF AZARIAH⁴¹  RULED: THEY DO NEITHER THE ONE NOT THE OTHER,⁴²  BUT LIQUIDS THAT CONTRACTED UNCLEANNESS FROM THE OUTER PARTS OF VESSELS CONVEY UNCLEANNESS⁴³  AT ONE REMOVE AND CAUSE UNFITNESS AT A SECOND REMOVE.⁴⁴  IT⁴⁵  MAY THUS SAY,⁴⁶  'THEY⁴⁷  THAT RENDERED YOU UNCLEAN DID NOT RENDER ME UNCLEAN BUT YOU HAVE RENDERED ME UNCLEAN'.

MISHNAH 8. IF A KNEADING TROUGH WAS SLOPING DOWNWARDS AND THERE WAS DOUGH⁴⁸  IN THE HIGHER PART AND DRIPPING MOISTURE IN THE LOWER PART, THEN THREE PIECES⁴⁹  THAT JOINTLY MAKE UP THE BULK OF AN EGG⁵⁰  CANNOT⁵¹  BE COMBINED TOGETHER,⁵²  BUT TWO⁵³  ARE COMBINED.⁵⁴  R. JOSE RULED: THE TWO ALSO CANNOT BE COMBINED UNLESS THEY COMPRESS LIQUID BETWEEN THEM.⁵⁵  IF THE LIQUID, HOWEVER, WAS LEVEL,⁵⁶  EVEN THOUGH THE PIECE RESEMBLED MUSTARD SEED⁵⁷  THEY⁵⁸  ARE COMBINED TOGETHER.⁵⁴  R. DOSA RULED: CRUMBLED FOOD CANNOT BE COMBINED TOGETHER.⁵⁴

MISHNAH 9. IF A STICK IS COMPLETELY COVERED WITH UNCLEAN LIQUID⁵⁹  IT BECOMES CLEAN AS SOON AS IT⁶⁰  HAS TOUCHED THE [WATER IN THE] RITUAL BATH;⁶¹  SO R. JOSHUA. BUT THE SAGES RULED: ONLY WHEN THE WHOLE OF IT⁶²  IS IMMERSED.⁶³  A JET,⁶⁴  A SLOPE⁶⁵  OR DRIPPING MOISTURE⁶⁶  DOES NOT SERVE AS A CONNECTIVE⁶⁷  EITHER FOR UNCLEANNESS⁶⁸  OR FOR CLEANNESS.⁶⁹  A POOL OF WATER,⁷⁰  HOWEVER, SERVES AS A CONNECTIVE IN RESPECT BOTH OF UNCLEANNESS AND CLEANNESS.

1. Since the jars may have been shifted by his menstruant wife (v. Glos. s. v. hesset). The oven, even if attached to the ground, is deemed unclean as a preventive measure against confusing what is detached from the ground (which is unclean) with what is attached.
2. Which is attached to the ground (cf. prev. n.) and is consequently immovable.
3. Which could serve as a reminder to the household of the 'am ha-arez *.* ) *

   to keep away from it.

4. Requiring sprinkling with the ashes of the red heifer on the third and the seventh day.
5. So that any man that carried them or was carried on them becomes unclean.
6. The depositor.
7. I.e., a priest.
8. It is assumed that the 'am ha-arez will keep away from the terumah if he suffers from corpse uncleanness.
9. If the vessels are suitable for midras.
10. For, though the man might take care to keep them in a condition of cleanness in respect of corpse uncleanness, he cannot be sure that his wife did not sit on them during her menstruation uncleanness.
11. The 'am ha-arez.
12. Since one sitting on the lid would exercise pressure on all the clothes.
13. A minor grade of uncleanness that can be conveyed to foodstuffs and liquids only.
14. Since shifting (hesset) is possible in a closed chest also.
15. Had any man touched it he would also have picked it up.
16. Sc. on the next day.
17. With midras. In the darkness of the night a menstruant or an idolater may have trodden on the lost article without being aware of it.
18. To dry.
19. As any other condition of doubt in a public domain which is deemed clean. There is no need to provide, as is the case with a lost article, against the possibility of midras, since people as a rule do not tread on clothes that are spread out to dry.
20. As is the rule with a condition of doubt in such a domain.
21. Even in a private domain. There is no need to consider the possibility of an occasional lapse.
22. Having lost sight of them.
23. They might have contracted an uncleanness while they were out of sight.
24. Finding it open, a thief would be afraid to enter, knowing as he does that the owner might at any moment return.
25. In which case it is unlikely that a thief has dared and managed to open it, to touch the objects within, and also to close it.
26. Cf. prev. two notes.
27. A thief having apparently been there.
28. If nothing had been stolen.
29. Before they touched anything in the house.
30. Without his permission.
31. Though it was for the owner's benefit, she is afraid to remain in it long enough to touch its contents.
32. With reference to the last clause.
33. Where it died and deteriorated and thus became unfit for human consumption.
34. Who does not mind eating the bird even in its deteriorated condition.
35. For an idolater's consumption.
36. In this case the picking out.
37. Even if the latter are unconsecrated.
38. Since their uncleanness is only Rabbinical.
39. Even if they were terumah.
40. Of terumah.
41. V. Zeb. 2a.
42. Sc. they neither convey uncleanness to unconsecrated liquids nor to foodstuffs or terumah.
43. To terumah.
44. If the terumah they have rendered unclean touched other terumah.
45. The terumah.
46. To the liquids from which it contracted the uncleanness.
47. The outer parts of the vessels.
48. That was unclean.
49. Two of which are on the dry part of the trough and one within the liquid, the middle one touching the upper piece and the lower piece while separating them from each other.
50. The prescribed minimum for conveying uncleanness.
51. On account of the two pieces that do not directly touch each other (cf. prev. n. but one).
52. To convey uncleanness to the liquid which in turn would have conveyed uncleanness to the trough.
53. Sc. the middle one and the one below it in the liquid, if together they make up the bulk of an egg.
54. To constitute the prescribed minimum.
55. Sc. they are so close to each other that the liquid between them seems to be compressed.
56. Lit., 'standing', the trough lying level and the pieces of unclean dough floating in the liquid.
57. Small and numerous but together making up the bulk of an egg.
58. On account of the liquid that forms a connecting link.
59. Water. The ruling does not apply to any other liquids.
60. Sc. only one end of it.
61. Though the remainder of the stick was outside the water. The water on the stick, which forms a slope, serves as a connective.
62. The stick.
63. Only then does the water on the stick become clean.
64. Of water.
65. Water running down an incline.
66. With which one touching it could not moisten another object.
67. Between the clean vessel from which it comes and the unclean one into which it descends.
68. If the jet of water, for instance, came from a clean vessel, that vessel remains clean though the jet descended into an unclean vessel.
69. As, for instance, in the case of the stick, if the lower end alone touched the ritual bath the stick remains unclean.
70. Lit., 'a marsh', a collection of standing water.