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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

Original footnotes renumbered. See Structure of the Talmud Files
  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.