Babylonian Talmud: Tractate Tohoroth

Folio 3

CHAPTER III

MISHNAH 1. GREASE, BEAN-MASH AND MILK,¹  WHEN IN A CONDITION OF FLUIDITY,²  ARE³  UNCLEAN IN THE FIRST GRADE. IF⁴  THEY TURNED SOLID THEY⁵  BECOME UNCLEAN IN THE SECOND GRADE. IF THEY AGAIN TURNED INTO FLUIDITY THEY ARE CLEAN IF THEIR BULK WAS EXACTLY THAT OF AN EGG;⁶  BUT IF IT WAS MORE THAN THE BULK OF AN EGG THEY REMAIN UNCLEAN, FOR AS SOON AS THE FIRST DROP ISSUED FORTH IT BECAME UNCLEAN BY CONTACT WITH AN EGG'S BULK.⁷

MISHNAH 2. R. MEIR RULED: OIL¹  ALWAYS⁸  REMAINS UNCLEAN IN THE FIRST GRADE;⁹  AND THE SAGES RULED: HONEY ALSO.⁹  R. SIMEON OF SHEZUR RULED: ALSO WINE.⁹  IF A MASS OF OLIVES¹  FELL INTO AN OVEN THAT WAS HEATED¹⁰  THE LATTER REMAINS CLEAN IF THE BULK OF THE OLIVES WAS EXACTLY THAT OF AN EGG;¹¹  BUT IF IT WAS MORE THAN THAT OF AN EGG THE OVEN BECOMES UNCLEAN,¹²  FOR SO SOON AS THE FIRST DROP ISSUED FORTH IT BECAME UNCLEAN BY CONTACT WITH AN EGG'S BULK. IF THE OLIVES WERE SEPARATED THE OVEN REMAINS CLEAN EVEN IF THERE WAS A SE'AH OF THEM.¹³

MISHNAH 3. IF A MAN WHO CONTRACTED CORPSE UNCLEANNESS PRESSED OUT¹⁴  THE JUICE OF OLIVES OR GRAPES¹⁵  WHOSE BULK WAS EXACTLY THAT OF AN EGG, THE JUICE REMAINS CLEAN¹⁶  PROVIDED HE DOES NOT TOUCH THE PLACE ON WHICH THE LIQUID IS; BUT [IF THE BULK WAS] MORE THAN THAT OF AN EGG, THE JUICE BECOMES UNCLEAN,¹⁷  FOR SO SOON AS THE FIRST DROP ISSUED FORTH IT BECAME UNCLEAN BY CONTACT WITH AN EGG'S BULK. IF THE PERSON¹⁸  WAS A ZAB OR A ZABAH [THE JUICE] BECOMES UNCLEAN EVEN IF ONLY ONE BERRY [WAS PRESSED OUT]. FOR SO SOON AS THE FIRST DROP ISSUED FORTH IT¹⁹  BECAME UNCLEAN²⁰  BY CARRYING.²¹  IF A ZAB MILKED A GOAT, THE MILK BECOMES UNCLEAN, FOR SO SOON AS THE FIRST DROP COMES FORTH IT¹⁹  BECOMES UNCLEAN²⁰  BY CARRYING.²¹

MISHNAH 4. IF AN EGG'S BULK²²  OF FOODSTUFFS,²³  WAS LEFT IN THE SUN AND IT SHRANK,²⁴  AND SO ALSO IN THE CASE OF AN OLIVE'S BULK OF CORPSE,²⁵  AN OLIVE'S²²  BULK OF CARRION,²⁵  A LENTIL'S BULK²²  OF A DEAD CREEPING THING,²⁵  AN OLIVE'S²²  BULK OF PIGGUL,²⁶  AN OLIVE'S BULK²²  OF NOTHAR,²⁶  OR AN OLIVE'S BULK²²  OF FORBIDDEN FAT²⁵  THEY BECOME CLEAN; NOR DOES ONE INCUR GUILT ON ACCOUNT OF THESE FOR TRANSGRESSING THE LAW OF PIGGUL, NOTHAR OR UNCLEANNESS.²⁷  IF THEY WERE THEN LEFT OUT IN THE RAIN AND THEY SWELLED, THEY²⁸  BECOME UNCLEAN AND GUILT IS INCURRED ON ACCOUNT OF THEM FOR TRANSGRESSING THE LAW OF PIGGUL, NOTHAR OR UNCLEANNESS.

MISHNAH 5. ALL DOUBTFUL CASES OF UNCLEANNESS ARE DETERMINED ACCORDING TO THEIR APPEARANCE AT THE TIME THEY ARE FOUND: IF THEY WERE THEN²⁹  UNCLEAN THEY ARE ASSUMED TO HAVE BEEN UNCLEAN [ALL THE TIME]³⁰  AND IF CLEAN²⁹  THEY ARE ASSUMED TO HAVE BEEN CLEAN [ALL THE TIME]; IF THEY WERE THEN²⁹  COVERED³¹  THEY ARE ASSUMED TO HAVE BEEN COVERED [ALL THE TIME] AND IF UNCOVERED²⁹  THEY ARE ASSUMED TO HAVE BEEN UNCOVERED [ALL THE TIME]; IF A NEEDLE WAS FOUND FULL OF RUST³²  OR BROKEN,³²  IT IS CLEAN,³³  FOR ALL DOUBTFUL CASES OF UNCLEANNESS ARE DETERMINED ACCORDING TO THEIR APPEARANCE AT THE TIME THEY ARE FOUND.

MISHNAH 6. IF A DEAF-MUTE, AN IMBECILE OR A MINOR WAS FOUND IN AN ALLEY WAY³⁴  THAT CONTAINED AN UNCLEANNESS, HE IS PRESUMED TO BE CLEAN;³⁵  BUT ANY ONE OF SOUND SENSES³⁶  IS PRESUMED TO BE UNCLEAN.³⁷  FURTHER MORE, WHATSOEVER LACKS UNDERSTANDING³⁸  TO BE INQUIRED OF IS IN A CASE OF DOUBTFUL UNCLEANNESS PRESUMED TO BE CLEAN.

MISHNAH 7. IF A CHILD³⁹  WAS FOUND AT THE SIDE OF A GRAVEYARD WITH LILIES IN HIS HAND, AND THE LILIES GREW ONLY IN A PLACE OF UNCLEANNESS, HE IS NEVERTHELESS CLEAN, FOR IT MAY BE ASSUMED THAT AN OTHER PERSON GATHERED THEM AND GAVE THEM TO HIM.⁴⁰  SO ALSO WHERE AN ASS WAS AMONG THE GRAVES⁴¹  HIS HARNESS REMAINS CLEAN.⁴²

MISHNAH 8. IF A CHILD⁴³  WAS FOUND⁴⁴  BESIDE DOUGH⁴⁵  WITH A PIECE OF DOUGH IN HIS HAND, R. MEIR RULES THAT THE DOUGH⁴⁶  IS CLEAN;⁴⁷  BUT THE SAGES RULE THAT IT IS UNCLEAN, SINCE IT IS THE NATURE OF A CHILD TO SLAP DOUGH.⁴⁸  IF A DOUGH⁴⁹  BORE TRACES OF HENS' PICKINGS AND THERE WAS UNCLEAN LIQUID IN THE SAME HOUSE, THE LOAVES⁵⁰  ARE DEEMED TO BE CLEAN IF THERE WAS DISTANCE ENOUGH BETWEEN THE LIQUID AND THE LOAVES FOR THE HENS TO DRY THEIR MOUTHS ON THE GROUND;⁵¹  AND, IN THE CASE OF A COW OR A DOG, IF THERE WAS DISTANCE ENOUGH⁵²  FOR IT TO LICK ITS TONGUE;⁵³  AND, IN THE CASE OF ALL OTHER BEASTS, IF THERE WAS DISTANCE ENOUGH⁵²  FOR THEIR TONGUE TO DRY. R. ELIEZER B. JACOB HOLDS THE DOUGH TO BE CLEAN IN THE CASE OF A DOG WHO IS SAGACIOUS; FOR IT IS NOT ITS HABIT TO LEAVE FOOD⁵⁴  AND GO AFTER THE WATER.⁵⁵

1. That contracted any uncleanness.
2. Capable also of moistening other foodstuffs.
3. As is the rule of unclean liquids.
4. After contracting uncleanness.
5. Having been in contact, so to speak, with a liquid (their former shape) of the first grade of uncleanness.
6. Because, when the first drop was formed, the solid part was thereby reduced to less than an egg's bulk and, therefore, became incapable of conveying any uncleanness to that drop (and much less to any subsequent drop) which, having assumed a new form of existence, has also passed into a state of cleanness.
7. Of the remaining solid. The rest of the liquified matter then contracts uncleanness from that drop since any quantity of liquid is capable of conveying uncleanness.
8. Even when congealed.
9. Like liquids, since it never changes into a proper solid.
10. The heat causing some liquid to flow out from the solid olives.
11. V. supra n. 6.
12. From contact with the liquid.
13. Since each olive is less than an egg's bulk.
14. In a container that was insusceptible to uncleanness.
15. Which he had touched before he pressed them.
16. V. p. 373, n. 6.
17. From contact with the unclean olives or grapes.
18. Who pressed out the juice.
19. Whatever its quantity.
20. In the first grade.
21. Or 'shaking' (hesset) on the part of the zab, even if there was no direct contact.
22. The minimum that can convey uncleanness.
23. That contracted uncleanness.
24. So that less than the prescribed minimum (cf. prev. n. but one) remained.
25. That shrank (cf. prev. n.).
26. V. Glos.
27. Var. lec. 'and forbidden fat'.
28. Consisting now of the prescribed minimum.
29. When found.
30. If, for instance, a body was touched in the dark, and it is unknown whether it was that of a live or of a dead person, but later in the daylight it was found to be a corpse, it is assumed that death had occurred by the time it was touched, and the man that touched it is, therefore, unclean.
31. In cases where such covering affords protection against uncleanness.
32. A condition in which uncleanness ceases.
33. Even after the rust is removed or the needle is repaired, it being assumed that it was already in a rusty or broken condition at the time contact with the unclean object had taken place.
34. Which has the status of a private domain where doubtful cases of uncleanness are deemed to be unclean.
35. Because, as stated infra, one who is incapable of giving sensible information in reply to an enquiry is, in cases of doubtful uncleanness, deemed to be clean even in a private domain.
36. About whom there is doubt whether he did or did not touch an uncleanness.
37. In a private domain. In a public domain doubtful cases of uncleanness are always presumed to be clean.
38. Not only the categories of person mentioned but also cattle and utensils.
39. Who 'lacks understanding to be inquired of' (cf. prev. Mishnah); v. Sot. 28aff.
40. Since the child accordingly was not in the graveyard, and since the lilies which suffered first grade uncleanness only cannot convey uncleanness to a human being, the child remains clean.
41. So that it is doubtful whether he did or did not overshadow a grave.
42. It being presumed that there was no overshadowing.
43. Who was unclean.
44. In a private domain.
45. That was clean.
46. At the side of which he was found.
47. Since some children (a minority) have not the habit of slapping dough and since the dough was in a presumptive state of cleanness the child in question (on the principle of minority plus presumption) may be assumed to belong to the class of children who do not slap dough, and the piece of dough in his hand may be presumed to have been given to him by some clean person.
48. As the majority of children do slap dough, the child in question must be presumed to be one of that class, and the dough that has presumably been touched by him must, therefore, be regarded as unclean.
49. Made into loaves.
50. Cf. prev. n.
51. After drinking of the unclean liquid, as is their nature after a drink.
52. Between the liquid and the dough.
53. Cf. p. 376, n. 14.
54. The dough, which is not easily procurable.
55. Which he can get much more easily. Hence it may well be presumed that before drinking the water he bad well finished with the dough.