1. i. There are six grades among pools of water, one more excellent than another.6 The water in ponds7 — if a man that was unclean drank from it and afterward a man that was clean drank from it, he becomes unclean; if a man that was unclean drank from it and afterward drew water into a clean vessel, it becomes unclean;8 if a man that was unclean drank from it and afterward a loaf of Heave-offering fell therein and he rinsed it.9 it becomes unclean; if he did not rinse it, it remains clean.10 2. If a man drew water from it into an unclean vessel and afterward a man that was clean drank [from the pond] he becomes unclean; if a man drew water from it into an unclean vessel and afterward drew water from it into a clean vessel it becomes unclean; if he drew water into an unclean vessel and a loaf of Heave -offering fell [in the pond], and he rinsed it, it becomes unclean; if he did not rinse it, it remains clean.
3. If unclean water fell into it, and a man that was clean drank from it he becomes unclean; if unclean water fell into it and a man drew water from it into a clean vessel, it becomes unclean; if unclean water fell into it and a loaf of Heave-offering fell in and he rinsed it, it becomes unclean; if he did not rinse it, it remains clean. R. Simeon says: Whether he rinsed it or not it becomes unclean.11 4. If a corpse fell therein or a man that was unclean walked into it, and a clean person drank from it, he still remains clean.12 The water in ponds, the water in cisterns, the water in ditches, the water in caverns, rain- ponds after the rain-stream has stopped, and pools holding less than forty 1 The beams for squeezing the grapes.
1 For purposes of applying the rule that in the public domain a doubtful condition of uncleanness is deemed dean, and in a private domain unclean.
I Where the grapes are still ungathered. 4 See p. 68, n. 1.
s Lit. 'pools of water’; generally used in the Mishnah in the technical sense of pools in which men and vessels suffering certain kinds of uncleanness must be totally immersed. To be sufficient for total immersion and free from contracting any uncleanness, the pool must contain forty seahs (approximately 60 gallons or 270 litres) of water, and at the same time be of such depth that the whole body can be covered. Forty seahs is, traditionally, three cubic cubits. Such water may not be ‘drawn’ (i.e. it may not be taken from water that has been standing in a vessel or any kind of receptacle) but must be taken directly from a river or a spring, of from rain-water that is led directly into the Immersion-pool.
6 i.e. they are here given in ascending order of efficacy.
7 Containing less than the 40 seahs of undrawn water.
* Although the pool itself, as being joined directly to the ground, is not susceptible to uncleanness, the clean person or vessel may have touched an unclean drop that had fallen from the mouth of the unclean drinker (App. IV. 3 a ii).
9 He may make use of the unclean drop.
10 There being no intention to use part of the water separated from the pool (as in the previous cases) the unclean drop is deemed to be neutralized and ineffective.
" It cannot be assumed that the unclean drop was rendered ineffective.
II There is here no case of swallowing or intentionally using water that may contain the unclean drop.
seahs are alike in this, that while the rain continues all are deemed clean;1 but after the rain has stopped they that lie near to a city or pathway are deemed unclean, and they that lie far off are deemed clean unless a multi¬ tude of men have passed by.
5. When are they again deemed clean? The School of Shammai say: After they have been increased [by more than the like quantity of rain] and overflowed. The School of Hillel say: After they have been increased [by more than the like quantity of rain] even though they have not overflowed. R. Simeon says: Even though they have not been so increased they are valid for preparing Dough-offering,2 and for the wrashing of hands.3 6. More excellent is the water of a rain-pond before the rain-stream has stopped.4 If a man that was unclean drank from it and afterward a man that was clean drank from it, he remains clean; if a man that was unclean drank from it and afterward drew water into a clean vessel, it remains clean; if a man that was unclean drank from it and a loaf of Heave-offering fell therein, although he rinsed it it remains clean; if a man drew water from it into an unclean vessel and afterward a clean person drank [from the pond], he remains clean; if a man drew water from it into an unclean vessel and afterward drew water from it into a clean vessel, it remains clean; if he drew water into an unclean vessel and a loaf of Heave-offering fell [into the pond], although he rinsed it, it remains clean; if unclean water fell into it and a man that was clean drank from it, he remains clean; if unclean water fell into it and a man drew water into a clean vessel, it remains clean; if unclean water fell into it and a loaf of Heave-offering fell in, although he rinsed it, it remains clean. Such water is valid for [cooking] Heave-offering and for the washing of hands.5 7. More excellent is a pool of water containing forty seahs; for in them men6 may immerse themselves and immerse other things.7 More excellent is a well whose own water is little in quantity and which is increased by a greater part of drawn water: it is the equal of the pool as standing water in that it can render clean [what is immersed therein], and of the well in that vessels8 may be immersed therein however little its quantity.
8. More excellent are smitten waters9 which render clean such time as they are flowing water. More excellent than they are living waters, for they serve for the immersion of them that have a flux10 and for the sprinkling of lepers,11 and are valid for mixing with the ashes of the Sin-offering.12 2. 1. If an unclean person went down to immerse himself and it is in doubt whether he immersed himself or not; or if, even though he immersed him¬ self, it is in doubt whether there was forty seahs [of water] or not; or if there were two pools, the one holding forty seahs but not the other; and he im¬ mersed himself in one of them but he does not know in which of them he immersed himself, his condition of doubt is deemed unclean.
1 None need fear to use them because of an unneutralized unclean drop.
f Such can never be deemed unclean.
s For the water to be poured over the hands out of a vessel; but not for making men, vessels, or hands clean by immersion.
6 That are unclean, excepting the man with flux, who requires ‘living water’ (Lev. 1513).
~ Vessels and the hands.
8 According to some commentators men also, provided that the water is deep enough for total immersion. Water that is salty or from a hot spring. Cf. Par. 83.
Num. iyt!; Par. 3’.
734 SIXTH DIVISION: TOHOROTH 2. If an Immersion -pool was measured and found lacking,1 any acts requiring cleanness that had theretofore been done following immersion therein, are deemed to have been done in uncleanness, whether [the condi¬ tion of doubt arising thereby concerned] a private domain or the public domain. This applies only to graver uncleanness;2 but if it was a lighter uncleanness, to wit, if a man ate unclean foods or drank unclean liquids, or if his head and the greater part of him entered drawn water, or if three logs of drawn water fell on his head and the greater part of him — if then he went down to immerse himself, and it is in doubt whether he immersed himself or not; or if, even though he immersed himself, it is in doubt whether there was forty seahs [of water] or not; or if there were two pools, the one holding forty seahs but not the other, and he immersed himself in one of them but he does not know in which of them he immersed himself, his condition of doubt is deemed clean. R. Jose declares him unclean; for R. Jose used to say: [If he was rendered unclean by] aught that must be assumed to be unclean, his unfitness continues until he knows that he is become clean; but if it is in doubt whether he became unclean or whether he [afterward] conveyed uncleanness, he is deemed clean.3 3. In a case of doubt concerning drawn water, such as the Sages have declared clean,4 if it is in doubt whether [three logs of drawn water] fell [into the Immersion pool] or not; or if, even though it fell therein, it is in doubt whether the pool held forty seahs or not, or, if there were two pools, the one holding forty seahs but not the other, and it fell into one of them but it is not known into which of them it fell, then its condition of doubt is deemed clean, since there is that whereon to rely [in deeming it clean]. But if they each held less than forty seahs, and [the drawn water] fell into one of them and it is not known into which, its condition of doubt is deemed unclean, since there is naughtwhereon to rely [in deeming it clean].5 4. R. Eliezer says: A quarter-/o£ of drawn water in the beginning6 renders the Immersion-pool invalid, or three logs on the surface.7 But the Sages say: Whether in the beginning or at the end, the prescribed quantity [that renders it invalid] is three logs.
5. If in [the bottom of] a pool were three hollows, each containing one log of drawn water, and it is known that forty seahs of valid water fell into the pool before the water spread to the third hollow, it is valid; but if this is not known, it is invalid. But R. Simeon declares it valid, since it may be likened to one [valid] Immersion-pool adjoining another [invalid] Immer¬ sion-pool.
6. If the mud was scraped up [from the pool and heaped] by the sides, and three logs of water drained down therefrom, it remains valid; but if the mud was removed away [from the pool] and three logs drained down there¬ from [into the pool] it becomes invalid. But R. Simeon declares it valid, since it was not drawn of set purpose.
7. If [empty] wine-jars were left on the roof to dry and [because of the rain] they became filled with water, R. Eliezer says: If it was the rainy season and8 there was in them as little water as was in the cistern, they may 1 Not fully forty seahs.
2 i.e. from ‘a father of uncleanness’, whether this be one that is specified in the Law ( App. IV. 1) or in the words of the Scribes (App. IV. 13, 22). 8 Cf. Yad. 2*.
6 The rest of the forty seahs being made up afterwards of valid rain water.
7 Of a pool of valid rain water that lacks aught of the forty seahs. 8 Variant: 'or if.
be broken [that the water may flow into the cistern];' but if there was not, they may not be broken. R. Joshua says: In either case they may be broken or turned upside down; but they may not be taken and emptied [into the cistern].
8. If the plasterer forgot his lime-pot and left it behind in the cistern and it became filled with water, if the water at all floated over it it may be broken; but if not, it may not be broken. So R. Eliezer. But R. Joshua says: In either case it may be broken.
9. If [empty] wine-jars were set in the cistern [for their sides to become saturated]2 and they became filled with water, although the water of the cistern was all soaked up, they may be broken.3 10. If an Immersion-pool held forty seahs of water and mud together, R. Meir says: Vessels may be immersed in the water but not in the mud. R. Joshua says: Either in the water or in the mud. In what mud may they be immersed? In mud over which water floats. But if the water was at the one side only, R. Joshua agrees that vessels must be immersed in the water and may not be immersed in the mud. Of what kind of mud did they speak? Such that a reed will sink into it of itself. So R. Meir. R. Judah says: Such that the measuring rod will not stand there of itself. Abba Eleazar b. Dula’i says: Such that a plummet will sink there. R. Eliezer says: Such that will go down through the [narrow] neck of ajar. Rabbi4 says: Such that will go into the spout of a water-skin. R. Eliezer b. Zadok says: Such as can be measured in a /o£- [measure], 3. 1. R. Jose says: If into each of two pools, neither containing forty seahs, there fell a log and a half [of drawn water], and [the two pools] were mingled together, they are valid, since they never came within the category of what was invalid. But if three logs fell into one pool that did not contain forty seahs, and it was then divided into two, it is invalid, since it had already come within the category of what was invalid. R. Joshua declares it valid; for R. Joshua used to say: If into any pool containing less than forty seahs there fell three logs less but a kortab,s it remains valid, since it lacks the full three logs. But the Sages say: It continues invalid until all that was before in it is taken from it and somewhat more.6 2. Thus if into a cistern that was in a courtyard there fell three logs, it continues invalid until all that was before in it is taken from it and somewhat more, or until [another pool holding] forty seahs is made in the courtyard [below the first and connected with it], so that the upper [water] shall be made clean by the lower. R. Eleazar b. Azariah declares it invalid until all its water comes to an end.7 3. If a cistern was full of drawn water and a channel [of rain water] led into it and [a channel] led out of it, it continues invalid until it is estimated that there does not remain three logs from the first water. If two persons each poured into a pool a log and a half of water; or if one squeezed out his * And the water will be accounted valid and not ‘drawn water’.
1 So that their porous sides will not afterwards soak up the wine.
* And the water will still be accounted valid for the Immersion-pool, since there was no intention to collect it into the jars. * Variant: ‘R. Simeon’.
* One sixty-fourth of a log.
6 i.e. all the original water that was invalid and the ‘somewhat more’ to reduce the full measure of the invalidating three logs.
7 Variant: ‘unless it (the new pool) is stopped up’, so that the water of the first cannot enter into it.
.SIXTH DIVISION. TOHOROTH raiment pouring in water from many places, or emptied out a water-cooler1 pouring in water from many places/ R. Akiba declares the pool valid, but the Sages declare it invalid. R. Akiba said: They said not, ‘If many pour’, but ‘If one pours’.3 They replied: They have said neither the one thing nor the other, but ‘If there fell therein three logs [of drawn water].’
4. [If three logs fell therein] from one vessel or from two or from three, they can be included together; if from four, they cannot be included to¬ gether. If one that suffered a pollution lay sick4 and there fell on him nine kabs of water;5 or if on one that was clean there fell on his head and the greater part of him three logs of drawn water, from one vessel or from two or from three, they can be included together; but if from four they cannot be included together. This applies only if the second began before the first ceased; and it applies only when there was no intention to add more; but if there was intention to add more, even but one kortab in a whole year, it can be included together to make up the three logs.
4. 1. If a man put vessels under the water-spoutb [that feeds the Immer¬ sion-pool] (it is all one whether they are large vessels or small vessels or even vessels of cattle-dung, vessels of stone or vessels of [unburnt] clay), they render the Immersion-pool invalid. It is all one whether they were set there or left in forgetfulness. So the School of Shammai. But the School of Hillel declare it clean7 if they were left in forgetfulness. R. Meir said: They voted and the School of Shammai outnumbered the School of Hillel; but they agree that if they were left in forgetfulness in the courtyard [and not under the water-spout], it remains clean. R. Jose said: The dispute still stands where it was.
2. If a man left a tray beneath the water-pipe, and it had a rim, it renders the Immersion- pool invalid, but if it had not, it does not render it invalid. If it was set upright to be rinsed, in neither case does it render the Immer¬ sion-pool invalid.
3. If a cavity was made in a water-pipe to catch the gravel, it renders the Immersion-pool invalid if, being of wood, it holds aught soever, or, being of earthenware, it holds a quarter-fog. R. Jose says: [Also] if, being of earthenware, it holds aught soever: they have spoken of ‘a quarter-fog’8 only in what concerns the broken sherds of an earthenware vessel. If the gravel [even after it had filled up the cavity] rolled about within it, it renders the Immersion-pool invalid.9 If earth fell therein and it was pressed tight, the Immersion-pool remains valid. If the water-pipe was narrow at either end and wide in the middle, it does not render the Immersion-pool invalid, since it was not fashioned as a receptacle.
4. If drawn water and rain water were mingled together in a courtyard or in a hollow or on the steps of a cavern, and the greater part was water that was valid, the whole is valid; if the greater part of it was water that was invalid, the whole is invalid; if they were in equal parts the whole is invalid. This applies only if they were mingled together before they reached 1 Kel, 2*; 31. This vessel had a comb-like cover. - And three logs altogether.
3 In this form of words R. Akiba had received the tradition. Cf. Eduy. iJ.
* And so was not able to immerse himself. s Ber. 22 a.
6 The water is thereby made to remain in a receptacle; such water if used in an Immersion- pool counts as ‘drawn water'.
7 i.e. valid, so that it can render clean what is immersed therein. * See Kel. 21.
f Since this means that water is still contained in it, so coming within the category of 'drawn water'.
the Immersion-pool. If they flowed in an unbroken stream into the water [of the pool], and it was known that there fell therein forty seahs of water that was valid before there came down into it three logs of drawn water, it is valid, otherwise it is invalid.
5. A trough1 hewn in the rock — they may not gather the water into it, or mix [the ashes] therein, or sprinkle from it; it does not need a tightly stopped-up cover, nor does it render an Immersion-pool invalid. If it was a movable vessel, although it had been joined [to the ground] with lime, they may gather water into it or mix the ashes therein or sprinkle from it; and it needs a tightly stopped-up cover, and it renders an Immersion-pool invalid. If there was a hole in it below or at the side such that it can hold no water at all, the water is valid.2 How large need the hole be? As large as the spout of a water-skin. R. Judah b. Bathyra said: It once happened that the Trough of Jehu in Jerusalem had in it a hole as big as the spout of a water-skin, and all the acts in Jerusalem requiring cleanness were done after immersing [the vessels] therein. But the School of Shammai sent and broke it down, for the School of Shammai say: [It is still to be accounted a vessel] until the greater part of it is broken down.
5. 1. If [the water of] a well was made to flow through a stone trough3 the water becomes invalid. If it was made to flow over4 its rim at all, what flows out [of the trough] is valid,5 for [the water of] a well renders clean whatso¬ ever its quantity. If it was made to flow over a pond and then its flow was stopped, the pond counts [only] as a pool [of standing water]; if it was made to flow once more, it is still invalid for them that have a flux and for lepers, and for mixing therein the ashes of the Sin-offering,6 until it is known that the first water has flowed away.7 2. If the water was made to flow over [the outsides of] vessels or over a bench, R. Judah says: It still remains as it was before.8 R. Jose says: It counts then [only] as [the water of] a pool9 [of standing water], save that naught may be immersed above the bench.
3. If the water of a well was diverted into many different channels10 and [drawn] water was added and it was made to flow farther, it remains [as valid] as it was before; if it stood still and [drawn] water was added and it was made to flow farther, it is the equal of the pool as standing water, in that it can render clean [what is immersed therein], and of the well in that vessels may be immersed therein however little its quantity.11 4. All seas12 are valid as an Immersion-pool ( Mikweh ), for it is written, And the Mikweh of the waters called he Seas.11 So R. Meir. R. Judah says: The Great Sea is valid as an Immersion-pool, and it is written, Seas, only because there are in it many kinds of seas. R. Jose says: All seas render 1 Repeated in Par. s7. If it was hewn out of the rock, water collected in it does not count as ‘drawn water’, since the trough counts not as a ‘vessel’ but part of the earth itself. But if it was only made fast to the rock it counts as a vessel and a receptacle, and water used from it is ‘drawn’ and invalid for an Immersion-pool.
2 Since it is only an avenue for the water and not a container.
3 A separate receptacle not hewn in the rock.
4 The level of the stream of water was higher than the rim of the trough, 5 But what is inside is valid only if there is a hole, the size of a water-skin spout, in its bottom or side. 6 See above, Is.
r It can be accounted ‘running’ or ‘living water’ only after there is nothing left of that water which, for a time, had been standing water.
8 It still had the efficacy, of ‘living water’ and could render clean whatever its quantity.
9 And must be forty seahs in quantity. 10 Lit. ‘centipede-wise’.
738 SIXTH DIVISION: TOHOROTH clean by virtue of being flowing waters, but they are not valid for them that have a flux or for lepers or for mixing therein the ashes of the Sin-offering.
5. Flowing water counts as [the water of] a well;1 dripping water counts as [the water of] an Immersion-pool.2 R. Zadok3 testified that if flowing water was more than the dripping water [with which it was mingled] it was still valid [as flowing water]; and that if dripping water was made into flowing water,4 even if its flow' was stayed by a rod or reed, or by a man or a woman that had a flux,5 [it was still valid as an Immersion-pool and] men might go down and immerse themselves therein. So R. Judah. R. Jose says: They may not stay flowing water with aught susceptible to uncleanness.
6. If a wave was sundered [from the face of the sea] and contained forty seahs and it fell upon a man or upon vessels [that were unclean], they be¬ come clean. Any pool wherein is forty seahs is valid for the immersion of men or vessels. They may immerse vessels in trenches or ditches or even in donkey-tracks in the valley that are mingled6 [with water from a valid Immersion-pool]. The School of Shammai say: They may immerse vessels in a rain-stream.7 The School of Hillel say: They may not do so. But they agree that a man may dam it with vessels and immerse himself therein, but the vessels by which he dammed it are not thereby immersed.
6. 1. Any [pool of water] that is mingled with [water from] an Immersion- pool is deemed like to the Immersion-pool itself. Vessels may be immersed in [water in] holes and clefts [that mingles with the water of an Immersion- pool] in a cavern, however small8 [the stream by which they mingle]; but they may not be immersed in a pit beside the cavern,9 unless the hole between them is as large as the spout of a water-skin. R. Judah said: This applies only when it is self-contained;10 but if it is not self-contained they may be immersed therein however small [the connecting stream].
2. If a bucket11 filled with vessels was immersed, they also become clean;12 but if the bucket13 itself was not [wholly] immersed, the water [within it] does not count as mingled [with the water of the Immersion-pool] unless [the water within the bucket] mingled [with the water of the pool] by a stream the size of the spout of a water-skin.
3. If there were three pools, two containing each twenty seahs [of un¬ drawn water] and the third twenty seahs of drawn water, and that which held drawn water was at the side, if three went down and immersed them¬ selves therein and the water [of the three pools overflowed and] mingled together, the pools are accounted clean, and they that immersed themselves become clean. If that which held drawn water was in the middle, and three went down and immersed themselves therein and the water [of the three pools overflowed and] mingled together, the pools remain as they were before, and they that immersed themselves remain as they were before.
4. If a sponge or a bucket which held three logs of [drawn] water fell 1 And renders clean whatever its quantity. 2 And must be forty seahs in quantity.
s If they stopped the flow, turning it into standing water.
6 Joined, by means of ’a hole the size of a water-skin spout’ to a valid Immersion-pool.
t Which is not ‘standing water’.
8 Even if it is less than a hole the size of a water-skin spout.
9 A rock-wall standing between them.
IU Wholly distinct from the Immersion-pool in the cavern.
11 Unclean. 12 Even if its neck is narrower than a water-skin spout.
13 This time a clean vessel, used to immerse within it smaller vessels at one and the same time.
into an Immersion-pool1 they do not render it invalid, since they have said, ‘If there fell therein three logs [of drawn water]’.2 5. Vessels may not be immersed in a box or a chest that is in the sea Unless there was in them a hole the size of the spout of a water-skin. R. Judah says: If it was a large vessel [the hole must be] four handbreadths; and if a small vessel [the hole should be equal] to the greater part of it. If a sack or a basket [was in the sea] vessels may be immersed in them like as they are already, since the water [in them and in the sea] is mingled together. If such as these were put under a water-spout3 they do not render the Immersion-pool invalid; and they may be immersed and brought up [while they are held] in their usual fashion.4 6. If there was a defective earthenware vessel5 in the Immersion pool and other vessels were immersed therein, they are rendered clean from their [former] uncleanness, but they become unclean [again] by reason of the [unclean] earthenware vessel; if any water soever floated over the top of it, they become clean. If [the water of] a well came up out of an oven6 and a man v/ent down and immersed himself therein, he becomes clean, but his hands become unclean [again];7 but if the water was higher than the level of the oven by the height of his hands, his hands also continue clean,