Babylonian Talmud: Tractate Tohoroth

Folio 7

CHAPTER VII

MISHNAH 1. IF A POTTER¹  LEFT HIS POTS²  AND WENT DOWN TO DRINK,³  THE INNERMOST POTS REMAIN CLEAN⁴  BUT THE OUTER ONES ARE DEEMED UNCLEAN.⁵  R. JOSE RULED: THIS APPLIES ONLY WHERE THEY ARE NOT TIED TOGETHER, BUT WHERE THEY ARE TIED TOGETHER, ALL THE POTS⁶  ARE DEEMED CLEAN.⁷  IF A MAN ENTRUSTED HIS KEY TO AN 'AM HA-AREZ THE HOUSE REMAINS CLEAN, SINCE HE ENTRUSTED HIM ONLY WITH THE GUARDING OF THE KEY.⁸

MISHNAH 2. IF A MAN LEFT AN 'AM HA-AREZ IN HIS HOUSE AWAKE AND⁹  FOUND HIM AWAKE, OR ASLEEP AND⁹  FOUND HIM ASLEEP, OR AWAKE AND⁹  FOUND HIM ASLEEP, THE HOUSE REMAINS CLEAN.¹⁰  IF HE LEFT HIM ASLEEP AND FOUND HIM AWAKE, THE HOUSE IS DEEMED UNCLEAN;¹¹  SO R. MEIR. BUT THE SAGES RULED: ONLY THAT PART IS UNCLEAN TO WHICH HE CAN STRETCH OUT HIS HAND AND TOUCH IT.¹²

MISHNAH 3. IF ONE LEFT CRAFTSMEN IN HIS HOUSE, THE HOUSE IS DEEMED UNCLEAN; SO R. MEIR. BUT THE SAGES RULED: ONLY THAT PART IS UNCLEAN TO WHICH THEY CAN STRETCH OUT THEIR HANDS AND TOUCH IT.¹³

MISHNAH 4. IF THE WIFE OF A HABER¹⁴  LEFT THE WIFE OF AN 'AM HA-AREZ GRINDING CORN IN HER HOUSE, THE HOUSE IS DEEMED UNCLEAN IF SHE CEASED FROM TURNING THE HANDMILL,¹⁵  BUT IF SHE DID NOT CEASE FROM TURNING THE HANDMILL, ONLY THAT PART OF THE HOUSE IS DEEMED UNCLEAN TO WHICH SHE CAN STRETCH OUT HER HAND AND TOUCH IT. IF THERE WERE TWO WOMEN,¹⁶  THE HOUSE IS UNCLEAN IN EITHER CASE,¹⁷  SINCE, WHILE THE ONE IS GRINDING, THE OTHER CAN GO ABOUT TOUCHING; SO R. MEIR. BUT THE SAGES RULED: ONLY THAT PART OF THE HOUSE IS UNCLEAN TO WHICH THEY CAN STRETCH OUT THEIR HANDS AND TOUCH IT.

MISHNAH 5. IF A MAN LEFT AN 'AM HA-AREZ IN HIS HOUSE TO GUARD IT, WHENEVER HE¹⁸  CAN SEE THOSE THAT ENTER AND LEAVE,¹⁹  ONLY FOODSTUFFS AND LIQUIDS AND UNCOVERED EARTHENWARE ARE DEEMED UNCLEAN,²⁰  BUT COUCHES AND SEATS AND EARTHENWARE THAT HAVE TIGHTLY FITTING COVERS REMAIN CLEAN; AND WHENEVER HE¹⁸  CANNOT SEE EITHER THOSE WHO ENTER OR THOSE WHO LEAVE,¹⁹  EVEN THOUGH THE 'AM HA-AREZ²¹  HAS TO BE LED AND EVEN THOUGH HE WAS BOUND, ALL IS DEEMED UNCLEAN.²²

MISHNAH 6. IF TAX COLLECTORS²³  ENTERED A HOUSE,²⁴  THE HOUSE²⁵  IS DEEMED UNCLEAN.²⁶  EVEN THOUGH AN IDOLATER WAS WITH THEM²⁷  THEY ARE BELIEVED IF THEY SAY,²⁸  'WE HAVE ENTERED BUT TOUCHED NOTHING'.²⁹  IF³⁰  THIEVES ENTERED A HOUSE, ONLY THAT PART IN WHICH THE FEET OF THE THIEVES HAVE TRODDEN IS DEEMED UNCLEAN.²⁹  AND WHAT DO THEY CAUSE TO BE UNCLEAN? FOODSTUFFS AND LIQUIDS AND OPEN EARTHENWARE ONLY, BUT COUCHES AND SEATS AND EARTHENWARE THAT HAVE TIGHTLY FITTING COVERS REMAIN CLEAN. IF AN IDOLATER³¹  OR A WOMAN,³²  WAS WITH THEM, ALL IS DEEMED UNCLEAN.³³

MISHNAH 7.IF A MAN LEFT HIS CLOTHES IN A WALL-NICHE OF A BATH-HOUSE,³⁴  R. ELEAZAR B. AZARIAH RULES THAT THEY ARE DEEMED CLEAN,³⁵  BUT THE SAGES RULED: THEY CANNOT BE REGARDED AS CLEAN UNLESS HE GIVES HIM³⁶  THE KEY³⁷  OR THE SEAL³⁷  OR UNLESS HE LEFT SOME SIGN ON THEM. IF A MAN³⁸  LEFT³⁹  HIS CLOTHES⁴⁰  FROM ONE VINTAGE TO THE NEXT, HIS⁴¹  CLOTHES REMAIN CLEAN;⁴²  BUT IF HE LEFT THEM WITH AN ISRAELITE⁴³  THE CLOTHES ARE DEEMED UNCLEAN UNLESS HE⁴⁴  DECLARES, 'I HAVE TAKEN GOOD CARE⁴⁵  TO GUARD THEM'.

MISHNAH 8. IF ONE⁴⁶  WHO WAS CLEAN HAD GIVEN UP THE THOUGHT OF EATING [HIS TERUMAH]. R. JUDAH RULES THAT IT⁴⁷  STILL⁴⁸  REMAINS CLEAN, SINCE IT IS USUAL FOR UNCLEAN PERSONS TO KEEP AWAY FROM IT.⁴⁹  BUT THE SAGES RULE THAT IT⁵⁰  IS DEEMED UNCLEAN.⁵¹  IF HIS HANDS WERE CLEAN AND HE HAD GIVEN UP THE THOUGHT OF EATING TERUMAH, EVEN⁵²  THOUGH HE SAYS, 'I KNEW THAT MY HANDS HAVE CONTRACTED NO UNCLEANNESS', HIS HANDS ARE DEEMED UNCLEAN, SINCE THE HANDS ARE ALWAYS BUSY.⁵³

MISHNAH 9. IF A WOMAN WHO ENTERED HER HOUSE TO BRING OUT SOME BREAD FOR A POOR MAN AND, WHEN SHE CAME OUT, FOUND HIM STANDING AT THE SIDE OF LOAVES OF TERUMAH, AND SIMILARLY IF A WOMAN WHO WENT OUT FOUND HER NEIGHBOUR RAKING OUT COALS UNDER A COOKING POT OF TERUMAH, R. AKIBA RULES THAT THEY⁵⁴  ARE UNCLEAN, BUT THE SAGES RULE THAT THEY ARE CLEAN. SAID R. ELIEZER B. PILA:⁵⁵  IS BUT WHY DOES R. AKIBA RULE THAT THEY ARE UNCLEAN AND THE SAGES RULE THAT THEY ARE CLEAN? ONLY FOR THIS REASON: THAT WOMEN ARE GLUTTONOUS AND EACH MAY BE SUSPECTED OF UNCOVERING HER NEIGHBOUR'S COOKING POT TO GET TO KNOW WHAT SHE IS COOKING.⁵⁶

1. Who was a haber (v. Glos).
2. In a public domain, and thereby caused obstruction on the road.
3. Thus losing sight of his wares which, in his absence, might be rendered unclean, v. n. 5.
4. V. next note.
5. Because the skirts of an 'am ha-arez might have been caught in the interior (air-space) of the pots. This is, however, not likely to happen with the inner pots, v. Keth. 24b.
6. Even the inner ones (cf. foll. n.).
7. Even the outer ones are clean, because when they are tied to the others the mouths of the pots are not sufficiently exposed upwards to catch in their interior the skirts of passers-by. Maim. reads: Unclean, because by moving the outer ones the 'am ha-arez might indirectly have moved the inner ones also to which they are tied.
8. The 'am ha- arez would not, therefore, venture to enter the house which was not placed under his care.
9. On returning.
10. For, having been left awake the 'am ha-arez would not dare to touch anything for fear that the master would return any moment. When he is left asleep and found asleep there is no need to suspect that he awoke in the meantime.
11. Since the 'am ha-arez is not afraid to move about the house touching its contents because he assumes that the owner who left him asleep would be in no hurry to return.
12. From where he lay, that is where the master found him on that same spot.
13. Without having to ascend or descend.
14. Who is trusted as much as the haber himself.
15. Before the haber's wife returned; since this would give her time to walk about the house and touch things.
16. Grinding the corn, each being the wife of an 'am ha-arez.
17. Whether grinding did or did not cease before the haber's wife returned.
18. The householder.
19. The house.
20. Since the 'am ha-arez might have touched them.
21. Being incapable of walking.
22. Since another person, capable of conveying uncleanness to these objects, may have visited the house and touched them.
23. Of the 'am ha-arez class.
24. To seize a pledge for unpaid taxes.
25. Sc. all the articles in it.
26. Because, when searching the house for a pledge, they may have touched the various objects in it.
27. In which case it might have been assumed that out of fear of him they would make a thorough search and, therefore, touch every article in the house.
28. Var. lec. inserts, 'we did not enter; but they are not believed if they say'.
29. V. Hag. 26a.
30. Var. lec., 'and so if'.
31. Who is considered as a zab.
32. Who might well have been a menstruant.
33. Since he or she may have touched all the objects in the house.
34. Odiarin; Aliter: A bath-attendant, Heb. Odiarin. (Var. lec., oriarin), cf. Lat. olearius.
35. Since no one would put his hands on them for fear of being suspected of stealing.
36. The bath- attendant or the bath, keeper (cf. prev. n. but one) to the owner of the clothes. Aliter: The owner of the clothes to the bath-attendant or bath-keeper.
37. Of the locker in which the clothes are kept.
38. An Israelite who was engaged in the vintage of an idolater's vineyard to prepare wine under conditions of purity.
39. With the idolater
40. That were clean.
41. Some edd. read, 'with an idolater, his'.
42. Since the idolater would not dare to touch them for fear of spoiling his vintage.
43. Who was an 'am ha-arez and who is not so conscientious in this respect.
44. The 'am ha-arez.
45. Lit., 'there was in my heart'.
46. A priest.
47. The terumah. Aliter: He (the priest).
48. Despite the priest's lack of interest in it. Aliter: Despite his decision not to eat terumah.
49. The terumah. Aliter: Him (the priest).
50. Aliter. he.
51. Cf. prev. n. but one mut. mut.
52. Var. lec. 'R. Judah rules even'.
53. And consequently might have touched an unclean object without the man's awareness of it.
54. The loaves and the contents of the pot.
55. I.e., Philo. Var. lec. Piabi.
56. In the case of the poor man, however, R. Akiba agrees with the Sages.