2. In four conditions of doubt R. Joshua declares a man unclean, but the Sages declare him clean. Thus if one that is unclean4 stands stills and one that is clean passes by,6 or if one that is clean stands still and one that is unclean passes by; or if what is unclean is in a private domain and what is clean is in the public domain, or if what is clean is in a private domain and what is unclean is in the public domain, and it is in doubt whether one touched the other or not, or whether one overshadowed the other or not, or whether one shifted [what was unclean] or not, R. Joshua declares a man unclean, but the Sages declare him clean.
3. If a tree stood in the public domain and there was aught unclean within it, and a man climbed to the top of it and it is in doubt whether he touched [the uncleanness] or not, his condition of doubt is deemed unclean; if he put his hand into a hole wherein was aught unclean and it is in doubt whether he touched it or not, his condition of doubt is deemed unclean.7 If a shop that was unclean was open toward the public domain, and it is in doubt whether a man entered it or not, his condition of doubt is deemed clean. If it is in doubt whether he touched aught or not, his condition of doubt is deemed clean.8 If there were two shops, the one unclean and the other clean, and it is in doubt wdiether he entered the unclean or the clean, his condition of doubt is deemed unclean.9 4. Where thou canst multiply doubts and doubts about doubts, if it concerns a private domain the condition is deemed unclean; if it concerns 1 e.g. a valley which in the rainy season is watched over only by the owner, but at harvest time is frequented by many labourers. Cf. below, b*.
2 i.e. those who touched him while he was in the private domain, before and after his passing through the public domain, are deemed unclean.
t i.e. if they are deemed clean who touched him in the public domain, they who touched him before he was brought out into the public domain must also be deemed clean.
4 With leprosy. See Neg. 13'. 5 Under a roof or tree.
11 And it is in doubt whether the unclean touched him or whether he at all remained stationary and the clean person thereby became unclean.
7 In both cases it is deemed to be private domain.
8 The case is parallel to that of the creeping thing and the frog, 5".
9 Since he certainly entered a private domain.
the public domain it is deemed clean. Thus if a man entered an alley- entry1 and there was aught unclean in the courtyard, and it is in doubt whether he entered or not; or if there was aught unclean in a house and it is in doubt whether he entered or not; or if, though he entered, it is in doubt whether the uncleanness was there or not; or if, though it was there, it is in doubt whether the uncleanness was of the prescribed bulk or not; or if, though it was of the prescribed bulk, it is in doubt whether it was unclean or clean; or if, though it was unclean, it is in doubt whether he touched it or not, such a condition of doubt is deemed unclean. R. Eleazar says: If it is in doubt whether he entered in, he is deemed clean; if it is in doubt whether he touched what was unclean, he is deemed unclean.
5. If in the rainy season2 a man entered [the fields in] a valley, and there was an uncleanness in a certain field, and he said, ‘I went into that place but I do not know whether I entered that field or not’, R. Eleazar declares him clean, but the Sages declare him unclean.
6. A condition of doubt concerning a private domain is accounted un¬ clean unless a man can say, ‘I did not touch’. A condition of doubt con¬ cerning the public domain is accounted clean unless a man can say, ‘I did touch’. What is accounted public domain? The paths of Beth Gilgul, and the like of them, are accounted private domain3 in what concerns the [laws of the] Sabbath, and public domain in what concerns [the laws of] uncleanness. R. Eleazar said: The paths of Beth Gilgul were spoken of only in that they are accounted private domain in what concerns both the [laws of the] Sabbath and [the laws of] uncleanness. Paths that lead [only] towards cisterns, pits, caverns, and winepresses are accounted private domain in what concerns the [laws of the] Sabbath and public domain in what concerns [the laws of] uncleanness.
7. In the summer time4 a [field in a] valley is accounted private domain in what concerns the [laws of the] Sabbath and public domain in what concerns [the laws of] uncleanness; and in the rainy season private domain in what concerns both.
8. A basilica5 is accounted private domain in what concerns [the laws of] the Sabbath and public domain in what concerns [the laws of] unclean¬ ness. R. Judah says: If a man stands at the one entrance and can see6 persons entering and leaving at the other entrance, it is accounted private domain in what concerns both the [laws of the] Sabbath and [the laws of] uncleanness; otherwise, it is accounted private domain in what concerns the [laws of the] Sabbath and public domain in what concerns [the laws of] uncleanness.
9. A forum7 is accounted private domain in what concerns the [laws of the] Sabbath and public domain in what concerns [the laws of] uncleanness; so, too, the sides8 thereof. R. Meir says: The sides are accounted private domain in what concerns both.
10. Colonnades6 are accounted private domain in what concerns the 1 Which counts as private domain. 2 When the field is accounted private domain.
^ Here used in the sense of karmelith, neither public nor private. Cf.p. 133,0. i;Erub.g2.
* When it is frequented by the harvesters.
s A building frequented for public functions but not a thoroughfare (t. Toh. 712 reads ‘which they open by day and close by night’).
6 Eliyahu Rabba prefers the reading ‘cannot see’.
7 Heb. far on. It is explained as like the basilica except that it has doors at either side directly opposite one another. 8 The parts of the enclosure not opposite the doors.
■> The covered thoroughfares in front of shops.
726 SIXTH DIVISION: TOHOROTH [laws of the] Sabbath and public domain in what concerns [the laws of] uncleanness. A courtyard which the many enter by one entrance and leave by another, is accounted private domain in what concerns the [laws of the] Sabbath and public domain in what concerns [the laws of] uncleanness.
7. 1. If a seller of pots set down his pots [in the public domain] and went down to drink, the innermost pots remain clean but the outer ones become unclean. R. Jose said: This applies only if they were not tied together; but if they were tied together, all remain clean.1 If a man gave his key into the keeping of an Am-haaretz,2 his house still remains clean, since he only gave him the charge of guarding the key.3 2. If a man left an Am-haaretz within his house awake and found him awake, or asleep and found him asleep, or awake and found him asleep, the house remains clean; but if he left him asleep and found him awake, the house is unclean. So R. Meir. But the Sages say: Only that part is unclean which he could touch by stretching out his hand.
3. If a man left craftsmen within his house, the house becomes unclean. So R. Meir. But the Sages say: Only that part becomes unclean which they could touch by stretching out their hands.
4. If the wife of an Associate4 left the wife of an Am-haaretz grinding flour within her house and she ceased from the grinding, the house becomes unclean; if she did not cease from the grinding, only that part of the house is unclean which she could touch by stretching out her hand. If there were two of them the house becomes unclean in either case, since the one can go about and touch while the other grinds. So R. Meir. But the Sages say: Only that part of the house becomes unclean which they could touch by stretching out their hands.
5. If a man left an Am-haaretz within his house to guard it, such time as hes can see them that go in and out, [only] foodstuffs and liquids and open earthenware vessels become unclean, but couches and seats and earthenware vessels having a tightly stopped up cover remain clean; if he could not see them that go in and out,6 even though the Am-haaretz could not move himself or was tied up, all becomes unclean.
6. If7 taxgatherers entered a house [all that is within it] becomes unclean; even if a gentile was with them they may be believed if they say (‘We did not enter’; but they may not be believed if they say)8 ‘We entered but we touched naught’. If thieves entered a house, only that part is unclean that was trodden by the feet of the thieves. What do they render unclean? Foodstuffs and liquids and open earthenware vessels; but couches and seats and earthenware vessels having a tightly stopped-up cover remain clean. If a gentile or a woman was with them all becomes unclean.9 7. If a man left his vessels in a wall-niche of a bath-house,10 R. Eleazar b. Azariah declares them clean. But the Sages say: Only if he11 gave him the key, or the seal, or if he left some sign thereon. If a man12 left his vessels 1 They would not then be handled by any Am-haaretz or unclean person passing by. Maim., however, reads ‘all become unclean’. 2 App. I. 3.
3 He would not enter the house from fear of being thought a thief.
4 See Dem. 23; App. I. 6. s The householder.
6 Bert, reads ‘that go in and that sit down’. r Hag. 3s.
8 Some texts omit the bracketed passage. 9 See App. IV. jo.
10 Or: bath-attendant. Heb. odiarin; variant, oriarin. It may represent the olearius, the attendant whose function it was to rub the bodies of the bathers with oil.
11 The bath-keeper or the bath-attendant.
12 An Israelite who gathered grapes in the vineyard of a gentile.
from one vintage until the next,' his vessels remain clean; but if with an Israelite2 [they remain clean] only if he says, ‘I was at pains to guard them’.
8. If [a priest] that was clean had given up the thought of eating [his Heave-offering], R. Judah declares [the Heave-offering still] clean, since it is the way of the unclean to keep themselves apart from him. But the Sages declare it unclean. If his hands were clean and he had given up the thought of eating [his Heave-offering], even though he says, ‘I know that my hands have not become unclean’, his hands are nevertheless deemed unclean, for the hands are ever busy.
9. If a woman went in to bring out bread to a poor man and she came out and found him standing beside loaves of Heave-offering (so, too, if a woman went out and found her neighbour raking out coals under a cooking-pot in which was Heave-offering), R. Akiba declares it unclean, but the Sages declare it clean. R. Eleazar b. Pila3 said: But why did R. Akiba declare it unclean and the Sages clean? — because women are glut¬ tonous; for a woman is suspected of uncovering her neighbour’s cooking- pot to know what she is cooking.
8. r. If a man dwelt in the same courtyard with an Am-haaretz, and he forgot vessels and left them in the courtyard, even if they were jars having a tightly stopped-up cover, or an oven having a tightly stopped-up cover, they become unclean.4 R. Judah declares clean an oven5 having a tightly stopped-up cover. R. Jose says: The oven also becomes unclean unless a screen ten handbreadths high was made for it.
2. If a man deposited vessels with an Am-haaretz, they become unclean with corpse-uncleanness and mrJr&s-uncleanness. If the Am-haaretz knew him to be one that ate of Heave-offering,6 they do not become unclean with corpse-uncleanness, but they still become unclean with midras- unclean¬ ness.7 R. Jose says: If he gave into his keeping a chest full of clothes tightly packed,8 they become unclean with mttfrar-uncleanness; if it was not tightly packed they still become unclean with maddaf- uncleanness,6 even though the key was in the hand of the owner.
3. If a man lost aught and found it the same day, it remains clean. If he lost it during the day and found it during the night, or lost it during the night and found it the next day, or lost it on one day and found it on the next, it becomes unclean. This is the general rule: If a night or part of a night has passed over it, it becomes unclean. If a man spread out garments to dry in the public domain, they remain clean; but if in a private domain they become unclean; though if he guarded them they remain clean. If they fell down and he went to fetch them in, they become unclean. If his bucket fell into the cistern of an Am-haaretz, and he went to fetch something to draw it up, it becomes unclean, since it was left for a time in the domain of an Am-haaretz.
* Bert, gives the added clause: 'in the vineyard of a gentile’.
2 Who is an Am-haaretz and more prying (Bert.). J i.e. Philo. Variant: Piabi.
* A mens truant may have moved them or sat on them (App. IV. 3 b).
* Since it is fixed to the ground and could not be moved. 6 A priest.
7 He himself would be mindful of them but his wife might still sit on them.
* So that they are pressed by any one who sits on the ud.
* Uncleanness sustained by objects lifted by one with a flux though he has not touched them; they suffer only ‘derived uncleanness’; i.e. they do not become ‘fathers of uncleanness’ (cf. App, IV. 3 a), and so can convey uncleanness only to foodstuffs and liquids, i.e. to what is susceptible to 'second-grade uncleanness’.
728 SIXTH DIVISION: TOHOROTH 4. If a man left his house open and found it open, or shut and found it shut, or open and found it shut, it is dean; but if he left it shut and found it open, R. Meir dedares it unclean, but the Sages declare it clean, since it may have been that thieves had gone there but had bethought themselves and gone away.1 5. If the wife of an Am-haaretz entered the house of an Associate*1 to fetch out his son or his daughter or his cattle, the house remains clean, since she had entered without permission.3 6. They laid down a general rule about clean food: Whatsoever is food for man in particular is susceptible to uncleanness unless it is rendered unfit to be food for dogs; and whatsoever is not food for man in particular is not susceptible to uncleanness unless it is made food for man4 in particular. Thus5 if a young pigeon fell into the winepress6 and one formed the inten¬ tion to pick it out to give to a gentile to eat, it becomes susceptible to un¬ cleanness; but if to give it to a dog, it is insusceptible (R. Johanan b. Nuri declares it susceptible); if he was a deaf-mute, an imbecile or a minor [that formed the intention] it is insusceptible; yet if they picked it out to give it to a gentile to eat, it becomes susceptible; for with them only the act is 0: consequence while the intention is of no consequence."
7. If the outer parts8 of vessels were rendered unclean by a liquid, R. Eliezer says: They render liquids unclean, but they do not render foodstuffs invalid. R. Joshua says: They render liquids unclean and foodstuffs invalid. Simeon the brother of Azariah says: They do neither the one nor the other: but liquids that are rendered unclean by the outer parts of vessels convey uncleanness at one remove9 and render [Heave-offering] invalid at a second remove. Thus these may say,10 ‘What renders thee unclean11 does not render me unclean, but thou hast rendered me unclean’.
8. If a kneading-trough lay on an incline, and there was [unclean] dough in the higher part and dripping moisture in the lower part, if there were three pieces of dough11 making up an egg’s hulk, they cannot [all three]13 be included together [so that they render the liquid unclean];14 but [if they were but] two pieces they can be included together. R. Jose says: Neither can two be included together unless they confine the liquid closely.15 But if it was standing liquid,16 even if [the pieces of dough that made up the egg’s bulk were] small [and numerous] as mustard seed, they are included together. R. Dosa says: Food broken into crumbs may not be included together [to make up the egg’s bulk].
9. If a stick was wholly covered with unclean liquid,17 so soon as it has touched the Immersion-pool it becomes clean.18 So R. Joshua. But the Sages say: Not until the whole of it is immersed. A jet of liquid,19 [water 1 Touching nothing. 2 See Dem.2’; App. 1.6. 7 And would be unlikely to linger there.
* By« man’s deliberate proposal to eat it (see Uktz. 3,s.). * Referring to the last clause.
6 And died, and so was not deemed fit for human food. 7 Cf. Kel. 17“; Maksn..
* Kel. 25* » To Heave-offering, and they can render other Heave-offering invalid.
10 Heave-offering foodstuffs to the liquids that have rendered them unclean.
" Outer parts of vessels. Cf. Kel. 8‘; Par. 8*B.
11 Which were unclean and which touched each other, two being on the dry part of the trough and, touching one of them, a third in contact with the liquid.
17 But only the lower piece, and the piece in contact with it.
14 Which in turn renders the trough unclean. 1 5 Surround it and, as it were, press upon it. t* If the trough lay level.
17 The rule applies to water only.
18 The water on an inclined plane serves as a connective.
19 The unbroken column of water formed by pouring liquid from a clean to an unclean vessel does not communicate the uncleanness of the lower vessel to the other.
on] an incline, and dripping moisture, do not serve as a connective for uncleanness or for cleanness;1 but a pool of water serves as a connective for uncleanness and for cleanness.
9. i. From what time do olives become susceptible2 to uncleanness? After they exude the moisture that comes out of them when they are in the vat, but not the moisture that comes out of them when they are yet in the store-basket.3 So the School of Shammai. R. Simeon says: The pre¬ scribed time for the moisture [before it renders the olives susceptible to uncleanness] is three days. The School of Hillel say: After there is moisture enough for three olives to stick together. Rabban Gamaliel says: After the preparation is finished.4 And the Sages agree with his w'ords.
2. If a man had finished gathering them, but intended to buy still more, if he had finished buying but intended to borrow5 still more, if there befell him a time of mourning or a wedding feast, or unavoidable hindrance,6 then even if men or women that had a dux walked over them, the olives remain clean. If unclean liquid fell upon them only the place where it touches them becomes unclean, and any sap that comes forth from them does not render them susceptible to uncleanness.
3. But after their preparation is finished, they become susceptible to uncleanness. If unclean liquids fell upon them [they become unclean]. If sap came forth from them, R. Eliezer declares it clean,7 but the Sages declare it unclean. R. Simeon said: They did not dispute about the sap that came forth from the olives, whether it was clean; but about what did they dispute? — about what comes forth from the [oil] vat,8 which R. Eliezer declares clean and the Sages declare unclean.
4. If a man had finished [gathering together] his olives but had one basketful set aside,9 let him give it to a priest that is poor.10 So R. Meir. R. Judah says: He should give him the key at once.11 R. Simeon says: Within twenty-four hours.
5. If a man left his olives in the basket12 to grow soft so that they may be easy to press, they then become susceptible to uncleanness; but if to grow soft so that they may be salted, the School of Shammai say: They become susceptible. And the School of Hillel say: They do not become susceptible. If a man crushed olives13 with unclean hands he renders them unclean.
i So that if one thing, or part of a thing, with which they are joined becomes unclean (or is made clean), then the other thing or part of a thing with which they are joined becomes unclean (or is made clean). 2 See p. 758, n. 1; Maksh. 6*; Lev. 1 iu- “.
J The rule (aee Maksh. i1) is that only that liquid renders foodstuffs susceptible that is put on deliberately or whose presence is in any way desirable.
* i.e. so soon as a batch of olives is finally harvested and deemed ready to have the oil extracted. * Variant: 'gather'.
6 When it was in his mind still to increase his batch of olives.
7 Since, according to him, the moisture is not deemed ‘oil’, and so is not one of the ‘seven liquids’ (Maksh. 64). 8 After all the oil has been removed.
» After the season of olive-gathering was over, after which (Hag. 34) an Am-haaretz was not to be trusted to prepare his olives in cleanness, so that Heave-offering could without scruple be accepted by a priest. Variant: ‘Let him leave...and let him give'.
10 Variant: 'in the presence of the priest’. The priest should himself press out the oil in the necessary conditions of cleanness and take his Heave-offering.
* • So that the priest can be assured that the oil shall not be rendered unclean.
12 That were Heave-offering. His hands suffer second-grade uncleanness; the olives thereby become invalid (with third grade uncleanness); they convey first-grade uncleanness (see above, p. 718, n. 1) to the exuding moisture (which had rendered them, in the first place, susceptible to uncleanness — Lev. 1 1 *4- ”), and this moisture conveys second-grade unclean¬ ness to the olives.
730 SIXTH DIVISION: TOHOROTH 6. If a man left his olives on the roof to dry them, even though they are a cubit high,1 they do not become susceptible.2 If he put them in the house so that they might putrify and intended afterward to take them up on the roof; or if he put them on the roof so that they might be bruised or made to open,3 they become susceptible. If he put them in the house until he could keep watch over his roof, or until he could take them elsewhere, they do not become susceptible.
7. If he was minded to take from them4 [only] enough for one pressing or for two, the School of Shammai say: He may set apart [what he needs] in a condition of uncleanness,5 but he must cover up [what he takes] in a condition of cleanness. The School of Hillel say: He may also cover it up in a condition of uncleanness. R. Jose says: He may [even] dig out [what he needs] with a metal axe and take the olives to the press in a condition of uncleanness.
8. If a creeping thing was found in the milling stones only the part that it has touched becomes unclean. If there was dripping moisture there, all becomes unclean. If it was found on the leaves,6 they inquire of the olive-press workers whether they can say, ‘We did not touch’; but if it touched the mass [of olives], if it be but a barleycorn’s bulk, the mass be¬ comes unclean.
9. If it was found on broken-off blocks [of olives]7 and it had touched so much as an egg’s bulk, the mass becomes unclean; but if [it had touched] broken-off blocks that lay upon other broken blocks,8 only the part it touches becomes unclean. If it was found between the wall and the olives, the olives are deemed clean. If it was found on [olives taken from the vat to] the roof, the others still in the vat are deemed clean. If it was found in the vat, the olives on the roof [also] are deemed unclean. If it was found burnt9 upon the olives (so, too, if a scorched rag was found there) they remain clean, since conditions of uncleanness are so accounted of as they appear at the time when they are found.10 10. 1. If a man locked in the workers in the olive-press" and there were articles there that were unclean with mufow-uncleanness, R. Meir says: The olive-press becomes unclean. R. Judah says: The olive-press remains clean.12 R. Simeon says: If to their mind the articles were clean, the olive- press becomes unclean; but if to their mind they were unclean, the olive- press remains clean. R. Jose said: But why are they accounted unclean?— only because the Amme-haaretz are not versed in the rules concerning the shifting of what is unclean.13 2. If the workers in the olive-press went in and out, and there was unclean liquid in the olive-press, and there was space enough between the liquid and the olives for their feet to get dry on the ground, they remain 1 So that moisture is surely pressed out from the lower layers because of the weight of those above. 1 Variant: ’they are susceptible’.
I Variant: ‘so that they might be made to open, or so that he could salt them’.
4 A batch of olives not yet ready in their entirety.
* Since the batch is not susceptible. 6 With which the mass of olives was covered.
7 Each less than an egg’s bulk. And they lie on the main mass.
8 And not on the main mass. * When it does not convey uncleanness. 10 See 35.
I I They were Amme-haaretz, and after making them clean he shut them in so that they should not come out and contract uncleanness, and that others who were unclean should not come in. The workers, after being made clean, could be trusted to be scrupulous and to refrain from contracting uncleanness from them.
15 i.e. ignorant of the fact that they would contract mufror-uncleanness by moving the uncleanness even though they did not touch it.
clean. If uncleanness was found in the fr<jnt of workers in the olive-press and grape-gatherers, they are to be believed if they say, ‘We touched it not’. So, too, the children among them may go outside the door of the olive-press and relieve themselves behind the wall and still be deemed clean. How far off may they go and still be deemed clean? Only so far that they can still be seen.
3. If workers in the olive-press and grape-gatherers are brought to the cavern,1 that suffices. So R. Meir. R. Jose says: One must needs stand over them until they immerse [themselves, or the vessels]. R. Simeon says: If to their mind the vessels were clean one must needs stand over them until they immerse them; but if to their mind they were unclean, one needs not to stand over them until they immerse them.
4. If a man put [grapes into the wine-press] from what was [stored] in baskets or from what was spread out on the ground, the School of Sham- mai say: He must put them in with clean hands; if he put them in with un¬ clean hands he renders them unclean. And the School of Hillel say: [He may put them in] with unclean hands; yet he must set apart the Heave-offering in cleanness. It is all one [whether he takes them] from the grape-basket or from what are spread out on leaves: he must put them into the wine¬ press with clean hands. If he put them in with unclean hands, he renders them unclean.
5. If a man ate of the grapes out of the baskets or from those spread out on the ground, although their skins were burst open or although they were dripping into the wine-press, the wine-press remains clean.2 If he took grapes that were in the grape-baskets or spread out on leaves, and a single berry fell back,3 if it was still sealed up [by the stalk] what is in the basket remains clean. If it was not still sealed up, what is in the basket becomes unclean. If he dropped some of the grapes and trampled them in an empty part [of the winepress] and there was no more than an egg’s bulk exactly, it remains clean; if there was more, it becomes unclean, for then, so soon as the first drop has come forth it becomes unclean, in that the rest is as much as an egg’s bulk.4 6. If a man stood and spoke by the edge of the cistern and spittle spirted from his mouth, and it is in doubt whether it reached the cistern or not, the condition of doubt is deemed clean, 7. If a man emptied out the cistern and in the first jarful was found a creeping thing, all that is in the cistern is accounted unclean; if it was found in the last, that is unclean but the other are accounted clean. This applies only when he drew out the wine into each single jar; but if he emptied it out with a ladling-jar,5 and the creeping thing was found in one of the jars, it alone is accounted unclean. This applies only if he examined [the vessels] but did not cover up [the jars and the cistern], or if he covered them up but did not examine them. If he both examined them and covered them up, and the creeping thing was found in one jar, all is accounted unclean; all that is in the cistern is unclean, and all that is in the ladling- jar is unclean.
1 Where is the water in which they must immerse themselves or the vessels to become clean before they touch the fruit.
- Since such liquid was not intended or desired (Maksh. i1), and so does not render the grapes susceptible to uncleanness.
3 After its gathering had been completed and it was therefore susceptible to uncleanness (if made wet) from contact with hands. + Cf. above, 3lff.
732 SIXTH DIVISION: TOHOROTH 8. The space between the rollers1 and the grape skins counts as public domain,2 the part of the vineyard in front of the grape-gatherers3 counts as private domain, and that behind them public domain. This applies only when the many enter in at the one end and go out at the other. The vessels of the olive-press and the wine-press and the olive-truss,4 if they are of wood, need but to be dried and they are clean; if they are of reed-grass, they must be left unused for the twelve months, or scalded in hot water. R. Jose says: It suffices if they are dipped in the stream of a river.