Babylonian Talmud: Tractate Tohoroth

Tohoroth 10

CHAPTER X

MISHNAH 1. IF A MAN LOCKED IN THE LABOURERS¹  IN THE OLIVE-PRESS²  AND THERE WERE OBJECTS THEREIN SUFFERING MIDRAS UNCLEANNESS, R. MEIR RULED: THE OLIVE-PRESS IS DEEMED TO BE UNCLEAN.³  R. JUDAH RULED: THE OLIVE-PRESS REMAINS CLEAN.⁴  R. SIMEON RULED: IF THEY⁵  REGARD THEM⁶  AS CLEAN, THE OLIVE-PRESS IS DEEMED UNCLEAN;⁷  BUT IF THEY REGARD THEM AS UNCLEAN,⁸  THE OLIVE-PRESS REMAINS CLEAN. SAID R. JOSE: WHY INDEED IS UNCLEANNESS IMPOSED?⁹  ONLY BECAUSE THE 'AM HA-AREZ CLASS¹⁰  ARE NOT VERSED IN THE LAWS OF HESSET.¹¹

MISHNAH 2. IF THE LABOURERS IN AN OLIVE-PRESS¹²  WENT IN AND OUT,¹³  AND IN THE OLIVE-PRESS¹⁴  THERE WAS UNCLEAN LIQUID, THE LABOURERS REMAIN CLEAN IF THERE IS SPACE ENOUGH BETWEEN THE LIQUID AND THE OLIVES FOR THEIR FEET TO BE DRIED¹⁵  ON THE GROUND.¹⁶  IF AN UNCLEANNESS WAS FOUND IN A FRONT OF LABOURERS¹⁷  IN THE OLIVE-PRESS OR GRAPE HARVESTERS,¹⁷  THEY ARE BELIEVED IF THEY DECLARE, 'WE HAVE NOT TOUCHED IT'; AND THE SAME LAW APPLIES ALSO TO THE YOUNG CHILDREN¹⁸  AMONG THEM.¹⁹  THEY²⁰  MAY, FURTHERMORE, GO OUTSIDE THE DOOR OF THE OLIVE-PRESS AND RELIEVE THEMSELVES BEHIND THE WALL, AND STILL BE DEEMED CLEAN. HOW FAR MAY THEY GO AND STILL BE DEEMED CLEAN? AS FAR AS THEY CAN BE SEEN.²¹

MISHNAH 3. IF THE LABOURERS IN THE OLIVE-PRESS OR THE GRAPE HARVESTERS WERE ONLY BROUGHT WITHIN THE PRECINCTS OF THE CAVERN²²  IT SUFFICES;²³  SO R. MEIR. R. JOSE RULED: IT IS NECESSARY THAT ONE²⁴  SHOULD STAND OVER THEM UNTIL IMMERSION IS PERFORMED.²⁵  R. SIMEON RULED: IF THEY REGARD THE VESSELS AS CLEAN, ONE MUST STAND OVER THEM UNTIL THEIR IMMERSION IS PERFORMED; BUT IF THEY REGARD THEM AS UNCLEAN, IT IS NOT NECESSARY FOR ONE TO STAND OVER THEM UNTIL IMMERSION IS PERFORMED.

MISHNAH 4. IF A MAN DESIRES TO PUT GRAPES [INTO THE WINE-PRESS] FROM THE BASKETS OR FROM WHAT WAS SPREAD OUT ON THE GROUND, BETH SHAMMAI RULED: HE MUST PUT THEM IN WITH CLEAN HANDS, FOR IF HE PUTS THEM IN WITH UNCLEAN HANDS HE RENDERS THEM UNCLEAN.²⁶  BETH HILLEL RULED: HE MAY PUT THEM IN WITH UNCLEAN HANDS AND YET HE MAY SET ASIDE HIS TERUMAH IN A CONDITION OF CLEANNESS.²⁷  [IF THEY ARE TAKEN] FROM THE GRAPE-BASKET²⁸  OR FROM WHAT WAS SPREAD OUT ON LEAVES,²⁹  ALL AGREE THAT THEY MUST BE PUT IN WITH CLEAN HANDS, FOR IF THEY ARE PUT IN WITH UNCLEAN HANDS THEY BECOME UNCLEAN.

MISHNAH 5. IF A MAN EATS GRAPES OUT OF THE BASKETS OR FROM WHAT IS SPREAD OUT ON THE GROUND, EVEN THOUGH THEY WERE BURST AND DRIPPED INTO THE WINE-PRESS, THE WINE-PRESS REMAINS CLEAN.²⁷  IF HE EATS THE GRAPES OUT OF THE GRAPE-BASKET²⁸  OR FROM WHAT WAS SPREAD OUT ON LEAVES, AND A SINGLE BERRY DROPPED INTO THE VAT, IF IT HAS A SEAL³⁰  ALL IN THE VAT REMAINS CLEAN;³¹  BUT IF IT HAS NO SEAL, ALL IN THE VAT BECOMES UNCLEAN.³²  IF HE DROPPED³³  SOME OF THE GRAPES³⁴  AND TROD THEM³⁵  IN AN EMPTY PART OF THE WINE-PRESS,³⁶  THE CONTENTS OF THE LATTER REMAIN CLEAN IF THE BULK OF THE GRAPES WAS EXACTLY THAT OF AN EGG;³⁷  BUT IF IT WAS MORE THAN THE BULK OF AN EGG, THE CONTENTS BECOME UNCLEAN, FOR SO SOON AS THE FIRST DROP ISSUED IT CONTRACTED UNCLEANNESS FROM THE REMAINDER WHOSE BULK IS THAT OF AN EGG.

MISHNAH 6. IF A MAN³⁸  WAS STANDING AND SPEAKING BY THE EDGE OF THE CISTERN³⁹  AND SOME SPITTLE⁴⁰  SPIRTED FROM HIS MOUTH, AND THERE ARISES THE DOUBT WHETHER IT REACHED THE CISTERN OR NOT, THE CONDITION OF DOUBT IS REGARDED AS CLEAN.⁴¹

MISHNAH 7. IF THE CISTERN³⁹  IS EMPTIED OUT⁴²  AND A [DEAD] CREEPING THING WAS FOUND IN THE FIRST JAR, ALL THE OTHER JARS ARE DEEMED UNCLEAN;⁴³  BUT IF IT WAS FOUND IN THE LAST, ONLY THAT ONE IS UNCLEAN BUT ALL THE OTHERS⁴⁴  REMAIN CLEAN.⁴⁵  WHEN DOES THIS APPLY? ONLY WHEN THE WINE IS DRAWN DIRECTLY WITH EACH JAR, BUT IF IT WAS DRAWN WITH A LADLING- JAR⁴⁶  AND A [DEAD] CREEPING THING WAS FOUND IN ONE OF THE JARS, IT ALONE⁴⁴  IS UNCLEAN.⁴⁵  WHEN DOES THIS APPLY? ONLY WHEN THE MAN EXAMINED [THE JAR AND THE LADLING-JAR]⁴⁷  BUT DID NOT⁴⁸  COVER UP [THE CISTERN AND THE JAR],⁴⁹  OR COVERED THEM UP BUT DID NOT EXAMINE THEM;⁵⁰  BUT IF HE BOTH EXAMINED THEM AND COVERED THEM UP AND A [DEAD] CREEPING THING WAS FOUND IN ONE JAR, ALL THE CONTENTS OF THE CISTERN⁵¹  ARE DEEMED UNCLEAN; IF IT WAS FOUND IN THE CISTERN, ALL ITS CONTENTS ARE DEEMED UNCLEAN AND IF IT WAS FOUND IN THE LADLING-JAR AL THE CONTENTS OF THE CISTERN⁵¹  ARE DEEMED UNCLEAN.

MISHNAH 8. [THE SPACE] BETWEEN THE ROLLERS⁵²  AND [THE PILE OF] GRAPE SKINS IS REGARDED⁵³  AS A PUBLIC DOMAIN.⁵⁴  A VINEYARD IN FRONT OF THE GRAPE HARVESTERS⁵⁵  IS DEEMED⁵³  TO BE A PRIVATE DOMAIN⁵⁶  AND THAT WHICH IS BEHIND THE HARVESTERS⁵⁷  IS DEEMED⁵³  TO BE A PUBLIC DOMAIN.⁵⁸  WHEN DOES THIS LAW⁵⁹  APPLY? ONLY WHEN THE PUBLIC ENTER AT ONE END AND GO OUT AT THE OTHER.⁶⁰  THE IMPLEMENTS OF THE OLIVE-PRESS, THE WINE-PRESS AND THE BASKET-PRESS,⁶¹  IF THEY ARE OF WOOD, NEED ONLY BE DRIED⁶²  WHEN⁶³  THEY BECOME CLEAN; BUT IF THEY ARE OF REED GRASS⁶⁴  THEY MUST BE LEFT UNUSED⁶⁵  FOR TWELVE MONTHS, OR THEY MUST BE SCALDED IN HOT WATER.⁶⁶  R. JOSE RULED: IT SUFFICES IF THEY ARE IMMERSED⁶⁷  IN THE CURRENT OF THE RIVER.⁶⁸

1. Who belonged to the 'am ha-arez class and who are usually careless in the observance of the laws of cleanness and uncleanness but for whose cleansing he had especially arranged.
2. Thus making sure that they would not come out and contract any uncleanness from without and that no unclean person would get in and convey uncleanness.
3. The 'am ha-arez, in his opinion, cannot be trusted to keep away from the unclean objects even in such circumstances.
4. Having been made clean for the purpose the labourers may be relied upon to keep away from all possible uncleanness.
5. The labourers.
6. The unclean objects in the olive-press.
7. Since they would not mind handling those objects and thus contract and convey uncleanness.
8. In which case they would avoid them.
9. In the case under discussion.
10. Who, contrary to the view of R. Meir, are not suspected of being so careless as actually to touch an unclean object.
11. V. Glos. And, shifting one of the objects even without directly touching it, would unknowingly contract and convey uncleanness.
12. Who were free from uncleanness.
13. Walking with their bare feet on the ground.
14. On the floor.
15. Before they reached the olives.
16. In such a case the liquid which, having dried up, does not come in contact with the olives, cannot possibly convey any uncleanness to them, while the labourers themselves are not affected by the liquid which conveys no uncleanness to men.
17. V. p. 410, n. 12.
18. Who are presumed to be unclean on account of their contact with menstruants who do not refrain from embracing them.
19. Sc. they are believed if they declare that they have not touched the children.
20. Who belonged to the 'am ha-arez class and who are usually careless in the observance of the laws of uncleanness and cleanness but for whose cleansing one had especially arranged.
21. By the owner, from his position at the press.
22. Containing the ritual bath for their immersion or that of the vessels which they are going to use.
23. To regard them as clean, even if the owner did not witness the actual immersion.
24. Who is versed in the laws of immersion.
25. Since they themselves are not familiar with these laws.
26. Since unclean hands convey uncleanness to exuding liquid and the liquid in turn conveys uncleanness to the grapes.
27. The exuding liquid, in their opinion, does not render the grapes susceptible to uncleanness since in a basket or on the ground it runs to waste and is, therefore, undesired and unwelcomed.
28. Lined with pitch to prevent the waste of any liquid.
29. In which cases the liquid is not wasted and, therefore, welcomed.
30. Sc. its stalk was still on it sealing it up, so that no liquid would come forth.
31. For, though the berry became susceptible to uncleanness when it was cut with the intention of putting it in the wine-press and, in consequence, contracted uncleanness from the man's hands, it nevertheless cannot convey uncleanness to the contents of the vat since (a) a foodstuff cannot convey uncleanness to another foodstuff and (b) it is smaller than the prescribed minimum.
32. Since the liquid in the berry contracted uncleanness from the man's hands and, there being no prescribed minimum for liquids, it conveys uncleanness to the contents of the wine-press.
33. Into the wine-press.
34. Of those whose stalks were still on them, that were cut with the intention of being put into the wine-press, and that in consequence became susceptible to uncleanness and then contracted uncleanness from the hands.
35. To press the wine out.
36. Sc. one on which there was no liquid.
37. For, as soon as the first drop exudes, there remains less than the minimum prescribed for the conveyance of uncleanness.
38. An 'am ha-arez.
39. In which the wine is gathered.
40. Which is deemed unclean and, in accordance with a Rabbinical law, conveys uncleanness to foodstuffs and liquids.
41. As is the case with any other unclean object that is thrown through space.
42. With a number of jars in succession.
43. It being assumed, since an uncleanness at one time may be presumed to have existed at an earlier time, that the unclean object was in the jar all the time and that it conveyed uncleanness to all the contents of the cistern when that jar was lowered into the water.
44. Since it is not presumed that an uncleanness found in one place was first present in another place.
45. The assumption being that the unclean object in the jar was never in the cistern.
46. Which draws the wine from the cistern and then empties it into the jar.
47. Before using them.
48. After each drawing of the wine.
49. To prevent any unclean object from falling into them. In such a case it may well be assumed that it was only then that the unclean object had fallen in.
50. So that it may well be presumed that the unclean object was in the jar all the time.
51. In which it must obviously have been first.
52. Beams kept for the purpose of placing upon the grape skins (after the main part of the juice had been pressed out) in order to squeeze out any possible juice that still remained in them.
53. In respect of conditions of doubtful uncleanness which are deemed clean in public, and unclean in a private domain.
54. Since many men are required for the lifting up and the carrying of the beams from their position to the pile of grape skins.
55. Sc. a vineyard or a part of it that had not yet been harvested.
56. Since the public are kept out of it.
57. Sc. the part that had already been harvested.
58. Since the public freely use it.
59. The last mentioned.
60. Otherwise it must still be regarded as a private domain.
61. 'Ikal or 'Ekel, a basket or bale of some loose texture into which the pressed out olives are packed to undergo a further process of pressing.
62. After being washed with a mixture of ashes and water.
63. After due ritual immersion.
64. Which has a greater capacity for absorption.
65. Lit., 'he causes them to grow old'.
66. After which due ritual immersion restores them to cleanness.
67. For twelve hours.
68. Where the rapidity of the water current expels the absorbed moisture.