3. If the abortion was a foetus filled with water or filled with blood or filled with variegated matter,7 she need not take thought for it as for [human] young; but if its [human] parts were fashioned, she must continue [unclean the number of days prescribed] both for a male and for a female.
4. If the abortion was like to a sandal or an afterbirth, she must con¬ tinue [unclean the number of days prescribed] both for a male and for a female. If there was an afterbirth in a house, the house becomes un¬ clean; it is not because the afterbirth counts as [human] young, but because there can be no afterbirth without young.8 R. Simeon says: The young may have melted away before it came forth.
5. If the abortion was of doubtful sex or of double sex she must con¬ tinue [unclean the days prescribed] both for a male and for a female. [If she bore] a thing of doubtful sex and a male, or a thing of double sex 4 Since it was impossible that blood should not have issued even if it was not seen.
SIXTH DIVISION: TOHOROTH and a male, she must continue [unclean the days prescribed] both for a male and for a female; but if it was a thing of doubtful sex and a female, or a thing of double sex and a female, she need continue [unclean the days prescribed] for a female only. If it came forth in pieces or with feet fore¬ most, it is deemed born after the greater part is come forth. If it came forth in its ordinary way [it is not deemed born] until the greater part of its head has come forth. And what is deemed the greater part of its head? When its forehead has come forth.
6. If she suffered a miscarriage and it is not known what it was, [whether male or female], she must continue [unclean the days prescribed] both for a male and for a female. If it is not known whether it was [human] young or not, she must continue [unclean the days prescribed] both for a male and for a female, and also for a menstruant.
7. If she suffered a miscarriage on the fortieth day, she need not take thought for it as for [human] young; if on the forty-first day, she must continue [unclean the days prescribed] both for a male and for a female, and also for a menstruant. R. Ishmael says: If [she suffered a miscarriage] on the forty-first day, she must continue [unclean the days prescribed] for a male and for a menstruant; but if on the eighty-first day, she must continue [unclean the days prescribed] both for a male and for a female, and for a menstruant, since a male is fully fashioned after forty-one days, but a female only after eighty-one days. But the Sages say: The creation of a male and the creation of a female are alike: each [is fully fashioned] after forty-one days.
4. 1. The daughters of the Samaritans are [deemed unclean as] men- struants from their cradle; and the Samaritans convey uncleanness to what lies beneath them in like degree as [he that has a flux conveys un¬ cleanness] to what lies above him,1 since they have connexion with men- struants. Moreover the daughters of the Samaritans continue [unclean for seven days] by reason of any kind of blood.2 Because of [uncleanness incurred from] them, none becomes culpable by entrance into the Temple, and Heave-offering need not be burnt, since their uncleanness remains in doubt.
2. The daughters of the Sadducees, if they follow after the ways of their fathers, are deemed like to the women of the Samaritans; but if they have separated themselves and follow after the ways of the Israelites, they are deemed like to the women of the Israelites. R. Jose says: They may ever be deemed like to the women of the Israelites unless they separate them¬ selves and follow after the ways of their fathers.
3. The blood3 of a gentile woman and the blood of the purifying4 of a woman that is a leper, the School of Shammai declare clean, but the School of Hillel say: It is like to her spittle or her urine.5 The blood of a woman that has not yet immersed herself after childbirth,6 the School of Shammai say: It is like to her spittle or her urine. But the School of Hillel say: It conveys uncleanness whether it is wet or dried up. But they agree that if a woman gave birth while she had a flux, it conveys uncleanness whether it is wet or dried up.
1 See p. 604, n. 9. 2 i.e. their custom is to deem unclean such blood as the Sages have taught to be clean; cf. above, 2*. See also 73.
4. If a woman was in hard travail during [her seven days of] menstrua¬ tion, [blood that flows is deemed unclean as menstrual blood]. If she was in hard travail three days of the eleven days,1 and she had relief [from her pains] for twenty-four hours and then gave birth, such is one that has given birth while she had a flux. So R. Eliezer. R. Joshua says: [She must have had relief for] a [whole] night and a [whole] day, like the night of the Sab¬ bath and the day thereof; for she may have had relief from the pain but not from the blood.
5. How long may her hard travail endure?2 R. Meir says: Even forty days or fifty days. R. Judah says: It is enough for her [that the blood be deemed clean that issues during] her [ninth] month. R. Jose and R. Simeon say: The time of hard travail [when the blood may be deemed clean] may not exceed two weeks.
6. If a woman was in hard travail during the eighty days [that she con¬ tinues unclean after the birth] of a daughter,3 any issue of blood that she suffers is clean until the young comes forth. But R. Eliezer declares her unclean.4 They said to R. Eliezer, If, where stringency applies to blood discharged without travail, leniency applies to blood discharged during travail, must we not, then, infer that, where leniency applies to blood discharged without travail, leniency applies still more to blood discharged during travail? He answered, It is enough if the inferred law is as strict as that from which it is inferred.5 Touching what does leniency apply to her? Touching the uncleanness from flux. But she is still unclean because of the uncleanness of the menstruant.
7. Throughout the eleven days [that follow the seven days of her un¬ cleanness as a menstruant] she can be presumed clean; and if she sat herself down and had not examined herself, or did aught in error, or through constraint, or wantonly, and had not examined herself, she may be deemed clean. But if the time of her fixed period was come and she had not ex¬ amined herself, she is deemed unclean. R. Meir says: If she was in hiding and the time of her fixed period was come and she had not examined her¬ self she may be deemed clean, since fearfulness suspends the blood-flow. But during the [seven clean] days [that must be taken count of] by the man or the woman that has a flux, or [the one day of cleanness to be taken count of] by her that awaits day against day,6 [during such time] they must be presumed to be unclean.
5. 1. By reason of what was born from the side7 they need not continue [apart] during the [prescribed] days of uncleanness8 and the days of purify¬ ing,9 nor are they liable to an offering10 because of it. R. Simeon says: Such is reckoned a valid birth. All women convey uncleanness [by reason of blood] in the antechamber,11 for it is written, And her issue in her flesh be blood.12 But he that has a flux and he that suffers a pollution do not convey uncleanness unless their uncleanness is come forth.
1 The period of time between the periods. A flow during these intervening eleven days is deemed a flux (Lev. 15 -A).
2 Without her being deemed unclean from a flow of blood, i.e. the blood not coming within either of the categories of Lev. is111 or 1525. 2 Lev. 125.
4 If she was in hard travail during the seven days of menstruation.
7 Young cut out of the parent’s side. See p. 479, n. 3.
8 Seven days for a male and fourteen for a female. See Lev. I22£f.
9 Thirty-three for a male and sixty-six for a female. 10 See Lev. 12*.
SIXTH DIVISION: TOHOROTH 2. If a man was eating Heave-offering and he felt his limbs tremble, he must lay hold on the member and swallow the Heave-offering. And [the discharge] renders him unclean whatsoever its bulk, even though it be like to a grain of mustard, or less than this.
3. A girl one day old1 can become unclean by virtue of being a menstru- ant. A girl ten days old* can become unclean by reason of a flux. A boy one day old can become unclean by reason of a flux, and he can become un¬ clean from leprosy-signs, and he can become unclean from corpse-unclean- ness; he suffices to hold [his childless brother’s widow] in the bonds of levirate marriage,3 and to exempt [his mother] from levirate marriage;4 he suffices to render [his mother] qualified to eat Heave-offering, or to render her unqualified to eat Heave-offering;5 and he can inherit property and bequeath it;6 he that kills him is culpable; and he counts as a full relative7 to his father and his mother and to all his kinsfolk.
4. A girl three years old and one day may be betrothed by intercourse;8 her deceased childless husband’s brother can acquire her9 by intercourse; and by connexion with her a man can be culpable by virtue of the law of a married woman;10 and him that has connexion with her [while she is a menstruant] she renders unclean so that he conveys uncleanness to what is beneath him in like degree as [he that has a flux conveys uncleanness] to what lies above him;" if she is married to a priest she may eat of Heave¬ offering;1* if one that is ineligible13 has connexion with her he renders her ineligible for marriage with a priest; if any of the forbidden degrees14 pre¬ scribed in the Law had connexion with her they are put to death on her account, but she is not culpable. If she is younger than this, it is as one that puts a finger in the eye.
5. If a boy nine years old and one day had connexion with his childless brother’s widow, he has acquired her to wife, and he cannot give her a bill of divorce until he comes of age; he can contract uncleanness by [con¬ nexion with] a menstruant so that he conveys uncleanness to what is beneath him in like degree as [he that has a flux conveys uncleanness] to what lies above him; he can render [a woman] unqualified15 but cannot render [a woman] qualified16 to eat of Heave-offering; he can render cattle invalid for the Altar;17 and a beast can be stoned18 because of him; and if he has connexion with any of the forbidden degrees prescribed in the Law they are put to death on his account, but he is not culpable.
6. A girl eleven years old and one day — her vows must be examined;19 if she is twelve years old and one day her vows are valid, but they must be * If she suffers a flow.
* If she had passed her first seven days in the uncleanness of a menstruant, and then suf¬ fered flows on the next three consecutive days.
J If he lived within the lifetime of his childless brother (cf. Yeb. a1).
* If he was bom after the death of the father, and then died, the mother is exempt from levirate marriage with her brother-in-law.
s See p. 651, n. 5. 6 e.g. if his mother died he can inherit her goods, and if then he died his brothers by the same father (and another mother) inherit from him.
7 Lit. ‘bridegroom’ or ‘son-in-law’. Cf. Ex. 4“.
* See Kidd. i*. * Consummate levirate marriage.
See Lev. 22'**. 11 See Kidd. 41. l* Lev. 18**.
15 If, not being eligible for marriage with priestly stock, he had connexion with a woman of priestly stock.
14 If he was of priestly stock and consummated levirate marriage with one who was not. He cannot validly marry. 17 By unnatural crime. See Zeb. 8*. IS Lev. 201*.
17 Whether she knew the nature of her vow.
examined throughout the twelfth year. A boy twelve years old and one day — his vows must be examined; if he is thirteen years old and one day, his vows are valid, but they must be examined throughout the thirteenth year. When they are younger than this, even though they say, ‘We know in whose name we have vowed it’ or ‘in whose name we have dedicated it’, their vow is no vow and what they dedicate is not dedicated. But when they are older than this, even though they say, ‘We know not in whose name we vowed it’, or ‘in whose name we dedicated it’, their vow is a valid one, and what they dedicate is validly dedicated.
7. The Sages spoke in a parable about woman: [She is like] an unripe fig,1 or a ripening fig,2 or a fully ripe fig:3 ‘an unripe fig’ — while she is yet a child; and ‘a ripening fig’ — these are the days of her girlhood4 (and during both times her father is entitled to aught that she finds and to the work of her hands,5 and he can annul her vows);6 and ‘a fully ripe fig’ — after she is past her girlhood, when her father no more has any rights over her.
8. What are the tokens in her [that she is past her girlhood]? R. Jose the Galilean says: When the wrinkle appears beneath the breast. R. Akiba says: When the breasts hang down. Ben Azzai says: When the ring around the nipple turns dark. R. Jose says: [When the breast is so grown] that if the hand is put on the ring around the nipple it sinks and slowly returns.
9. If a woman twenty years old has not grown two hairs she must bring proof that she is twenty years old; she is reckoned sterile, and she may not perform halitzah nor may she contract levirate marriage.7 If a man twenty years old has not grown two hairs he must bring proof that he is twenty years old; he is reckoned a eunuch, and he may neither submit to halitzah nor may he contract levirate marriage. So the School of Hillel. The School of Shammai say: In either case [this applies] when they are eighteen years old. R. Eliezer says: For a male the rule is according to the School of Hillel, and for a female it is according to the School of Shammai, since the growth of a woman is more speedy than that of a man.
6. 1. If the lower token was come but the upper token was not yet come she may perform halitzah or contract levirate marriage; if the upper token was come but the lower token was not yet come (though this is not possible), R. Meir says: She may neither perform halitzah nor may she contract levirate marriage. But the Sages say: She may either perform halitzah or contract levirate marriage. Since8 they have said: The lower [token] may come before the upper [token] is come, but it is not possible for the upper [token] to come before the lower [token] is come.
2. In like manner: any earthenware vessel that will let in [a liquid] will also let it out; but there are some that will let out a liquid and will not let it in. Any member [of the body] that grows a claw must have a bone in it; but some members have a bone in them and do not grow a claw.
3. Whatsoever is susceptible to zradras-uncleanness is susceptible to corpse-uncleanness, but some things are susceptible to cor/we-uncleanness and are not susceptible to zmiras-uncleanness.9 4. Whosoever is fit to judge capital cases is fit to judge non-capital 1 Paggah. 2 Bohel.
3 TzemeL * Between twelve years and twelve years and a half.
8 This is in continuation of the previous interpolation ‘though this is not possible’.
9 Namely things which are not such that can be sat upon. See Kel. 24lfl. App. I. 26.
752 SIXTH DIVISION: TOHOROTH cases; but some are fit to judge non-capital cases and are not fit to judge capital cases.1 Whosoever is eligible to judge is eligible to bear witness; but some are eligible to bear witness and are not eligible to judge.2 5. Whatsoever is subj ect to T ithes can contract food-uncleanness; but there is produce that can contract food uncleanness and is not subject to Tithes.3 6. Whatsoever is subject to the laws of Gleaning (Peak) is subject to Tithes; but some things are subject to Tithes and are not subject to the laws of Gleaning.4 7. Whatsoever beasts are subject to the law of the first of the fleece* are subject to the law of the [Priests’] Dues;6 but some beasts are subject to the law of the [Priests’] Dues and are not subject to the law of the first of the fleece.7 8. Whatsoever crop is subject to the law of Removal8 is subject to the law of Seventh Year produce; but there are crops that are subject to the law of Seventh Year produce and are not subject to the law of Removal.9 9. All fishes that have scales have fins; but not all fishes that have fins have scales. All animals that have horns have hoofs; but not all animals that have hoofs have horns.
10. Whatsoever requires a Benediction after it requires a Benediction before it; but there are things that require a Benediction before them and do not require a Benediction after them.10 11. If a girl has grown two hairs she is subject to all the commands prescribed in the Law, and she may perform halitzah or contract levirate marriage. So, too, if a boy has grown two hairs he is subject to all the commands prescribed in the Law; and he is fitted to become a stubborn and rebellious son11 from the time that he has grown two hairs until he has grown an encircling beard (the lower and not the upper one [is meant], for the Sages spoke in modest language). If a girl has grown two hairs she cannot exercise the right of Refusal.12 R. Judah says: [She may do so] until the dark [hair] is become widespread.
12. The two hairs spoken of in Parah and Negaim13 and that are spoken of in any [other] place, must be long enough for their tip to be bent to their root. So R. Ishmael. R. Eliezer says: To be grasped by the finger-nails. R. Akiba says: To be taken off with scissors.
13. If a woman observed a blood-stain [in her shift] she is in ill plight, and she must fear lest she has suffered a flux. So R. Meir. But the Sages say: Blood-stains are not accounted of as being of the nature of flux.
14. If a woman suffered an issue on the eleventh day14 at twilight, or at the beginning of [the period of] menstruation, or at the end of [the period] of menstruation, or at the beginning of [the period of] a flux, or at the end of [the period of] a flux,15 or on the fortieth day [of the days of purifying prescribed after the birth] of a male, or on the eightieth day [after the days of purifying prescribed after the birth] of a female, in every case at twilight— 1 e.g. a bastard. 2 e.g. such as are blind in one eye.
s Foodstuffs which do not grow from the soil.
4 Certain crops, e.g. figs, which are not all gathered at the same time.
s See Hull. nlff. 6 See Hull. iolff. r e.g. oxen and goats.
9 Certain plants whose growth continues summer and winter, and whose roots are not perishable. 10 Putting on the phylacteries or taking the Lulab.
11 See Sanh. 81. 12 See Yeb. i3ia. 13 See Par. 25; Neg. i5.
14 The end of the period when a flow may be a case of flux (Lev. 15'511.) and the beginning of the seven days when it may be a menstrual flow (Lev. is19*.).
13 i.e. the time when a flow can be regarded as a flux.
such will be at fault in their reckoning.1 R. Joshua said: Before ye order the affairs of women that are foolish, come and order the affairs of women that are wise!2 7. 1. The blood of a menstruant and the flesh of a corpse convey unclean¬ ness when wet and they convey uncleanness when dry. But flux, phlegm, spittle, a [dead] creeping thing, carrion and semen convey uncleanness when wet but they do not convey uncleanness when dry; but if, when they are soaked, they return to their former bulk they convey uncleanness when wet and they convey uncleanness when dry. How long must they be soaked? For twenty-four hours in lukewarm wTater. R. Jose says: If the flesh of a corpse is dry, and cannot, when it is soaked, return to its former bulk, it is clean.3 2. If a creeping thing is found in an alley-way, it is assumed to have conveyed uncleanness in the past to such time as it can be said, ‘I examined this alley-way and there was no creeping thing in it5, or to such time as it was last swept. So, too, if a blood-stain was found on a shift, it is assumed to have conveyed uncleanness in the past to such time as it can be said, ‘I examined this shift and there was no stain on it5, or to such time as it was last washed; and it conveys uncleanness both when wet and when dry. R. Simeon says: What is dry conveys uncleanness in time that is past, but what is wet only to a time when it could have been wet.
3. All blood-stains that come from Rekem4 are clean. R. Judah declares them unclean since they are proselytes there and liable to err. Those that come from the gentiles are clean. If they come from among Israelites or Samaritans, R. Meir declares them unclean, but the Sages declare them clean, since they are not under suspicion concerning their stains.
4. All blood-stains wheresoever they are found are deemed clean except¬ ing those found in rooms or round about places of uncleanness. Places of uncleanness that belong to Samaritans convey uncleanness by over¬ shadowing, since they bury abortions there.5 R. Judah says: They did not bury them but only threw them away, and the wild animals dragged them off.
5. They6 may be believed when they say, ‘We buried abortions there5, or ‘We did not bury them5. They may be believed when they tell of a beast whether it had borne a firstling or had not borne a firstling. They may be believed in the pointing out of graves. But they may not be believed in what concerns interlaced foliage or protruding stones,7 or Grave-areas.8 This is the general rule: In any matter concerning which they are under suspicion they may not be believed.
8. 1. If a woman saw a blood-stain on her flesh and it was near her secret parts, she is unclean; but if it was not, she remains clean. If it was on her heel or on the end of her great toe, she is unclean. If it was on the inner side of the thigh or of the feet, she is unclean; but if on the outer side, she remains clean. If it was on the flanks at either side, she remains clean. If she saw it on her shift below the girdle, she is unclean; but if above the 2 i.e. there are problems of far greater complexity arising out of the calculations concern¬ ing a woman’s periods. Cf. Ab. 31®.
2 i.e. an olive’s bulk of it as flesh no longer conveys corpse-uncleanness; but a ladleful of it as corpse dust still conveys corpse-uncleanness. Cf. Ohol. 2*. ♦ Gift. iI,a.
s Cf. Ohol. i8! (of places belonging to gentiles). 6 The Samaritans.
7 Cf. Naz. 73; Ohol. 82. 8 See Ohol.
754 SIXTH DIVISION: TOHOROTH girdle, she remains clean. If she saw it on the sleeve of the shift and [the place where it was found] could reach as far as the secret parts, she is un¬ clean; but if it could not, she remains clean. If she had stripped it off or put it on in the night, wheresoever the stain may be found, she is unclean, since it can have been turned about. So, too, in the case of a pallium.1 2. She may set it down to any cause to which she is able to set it down. If she had slaughtered a beast, a wild animal or a bird, or if she had engaged in [aught that occasions] blood-stains, or sat beside them that had so engaged, or if she had killed a louse, she may set down [the blood-stain] to them. How large a stain may she set down to the louse? R. Hanina b. Antigonus says: [A stain] the size of a split bean. And [she may set it down to it] even though she did not kill it. She may set it down to her son or her husband. If she had a wound in her that could open again and bleed, she may set it down to that.
3. A woman once came to R. Akiba and said to him, ‘ I have found a stain’. He said to her, ‘Perhaps thou hast a wound in thee?’ She said to him, ‘Yea, but it has healed’. He said to her, ‘Perhaps it may have opened again and bled?’ She said to him, ‘Yea’. And R. Akiba declared her clean. He saw his disciples gazing at one another [in wonder]. He said, ‘Why is the matter difficult in your eyes? — for the Sages have not enjoined this rule for the sake of stringency, but for the sake of leniency, for it is written, And if a woman have an issue and her issue in her flesh be blood 2 — not a stain, but blood.
4. If blood was found in the test-rag3 that was put under the pillow, and it was a round [stain], this is clean; but if it was long, it is unclean. So R. Eliezer b. R. Zadok.
9. 1. If a woman suffered a flow of blood when she made water, R. Meir says: If she was standing she is unclean, but if sitting she remains clean. R. Jose says: In either case she remains clean.
2. If a man and a woman had made water in the pot and blood was found on the water, R. Jose declares it clean, but R. Simeon declares it unclean, for it is not the way of the man to discharge blood; but the presumption is that the blood is from the woman.
3. If she lent her shift to a gentile woman or to a menstruant, she may set down [the stain] to them. If three women had worn the same shift or had sat on the same bench, and blood was found thereon, all are accounted unclean. If they had sat on a stone bench or on the bench in a bath-house, R. Nehemiah declares them clean; for R. Nehemiah used to say: Aught that is not susceptible to uncleanness is not susceptible [to uncleanness] from stains.
4. If three women were sleeping in one bed, and blood was found under one of them, all are deemed unclean. If one of them examined herself and she was found unclean, she alone is unclean and the two [others] remain clean. Or they may set it down the one to the other. If none was like to suffer a flow, they must be looked upon as though they were like to suffer it.
5. If three women were sleeping in one bed, and blood was found under her that was in the middle, they are all deemed unclean; if under her that was on the inner side, the two to the inner side are deemed unclean, and 1 A large, square mantle. Any part of it in turn could be worn in such a way as to reach the lower parts of the body. 2 Lev. is19. 3 Cf. above, i7.
she on the outer side remains clean; if under her that was on the outer side, the two to the outer side are deemed unclean, and she on the inner side remains clean. R. Judah said: This applies only if they passed [into the bed] by way of the foot of the bed; but if the three had all passed over the upper part, all are deemed unclean. If one of them examined herself and she was found clean, she is dean and the other two unclean. If two of them examined themselves and they were found clean, they are clean and the third unclean; if all three [examined themselves] and they were found clean, then all are unclean. To what is it like? It is like an unclean heap that was confused among two clean heaps. If they examined one of them and found it clean, then it is clean and the other two unclean; if they examined two and they were found clean, they are clean and the third unclean; if they examined all three and they were found clean, then all are unclean. So R. Meir; for R. Meir used to say: If aught is in a condition of presumed uncleanness, it continues in its condition of uncleanness until it is known to thee where is the uncleanness. But the Sages say: Examina¬ tion must be made until bedrock or virgin soil is reached.
6. Seven substances must be rubbed over a [blood-]stain: tasteless spittle, water from boiled grits, urine, nitre, soap, Cimolian earth, and lion’s leaf. If after it was immersed and washed and rubbed with these seven substances it is not rubbed off, then it is but some dye: aught requiring conditions of cleanness [that has touched it] remains clean, and it needs not to be immersed. If it disappeared or grew fainter, then it is a [blood-]stain: aught requiring conditions of cleanness [that has touched it] becomes un¬ clean and it needs to be immersed.
7. What manner of tasteless spittle is meant? [That of a man] who has tasted nothing. ‘Water from boiled grits’? — paste made from grits of peeled beans. ‘Urine’? — such that has fermented. [The stain] must be scoured with each of them three times. If they were rubbed over it in different order, or if the seven were nibbed over it together, [it is as if] one has done nothing at all.
8. If a woman has fixed periods, it is enough for her [that she be deemed unclean only from] her time [of suffering a flow].1 And these are [the tokens of] fixed periods: if she yawned or sneezed or felt pain in the top of her stomach or the bottom of her bowels, or if she discharges, or if a kind of shuddering took hold on her, or other tokens the like of these. If ever the like of these have befallen her regularly three times, they are deemed [the tokens of] a fixed period.
9. If her use was to suffer the flow at the onset of these tokens, any foods requiring conditions of cleanness that she prepared while the tokens were upon her are deemed unclean; but if only at the end of these tokens, any foods requiring conditions of cleanness that she prepared while the tokens were upon her remain clean. R. Jose says: The fixed periods may also be according to certain days or hours: [thus] if her use was to suffer the flow after sunrise, she becomes forbidden only after sunrise. R. Judah says: [She is permitted] the whole of that day [should no token befall her].