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Babylonian Talmud: Tractate Tohoroth

Folio 9

CHAPTER IX

MISHNAH 1. AT WHAT STAGE DO OLIVES1  BECOME SUSCEPTIBLE TO UNCLEANNESS?2  WHEN THEY EXUDE THE MOISTURE [PRODUCED] BY [THEIR LYING IN] THE VAT3  BUT NOT THE ONE [PRODUCED WHILE THEY ARE STILL] IN THE BASKET.4  THIS IS ACCORDING TO THE VIEW OF BETH SHAMMAI. R. SIMEON RULED: THE MINIMUM TIME PRESCRIBED FOR PROPER EXUDATION5  IS THREE DAYS.6  BETH HILLEL RULED: AS SOON AS THREE OLIVES STICK TOGETHER.7  R. GAMALIEL RULED: AS SOON AS THEIR PREPARATION8  IS FINISHED;9  AND THE SAGES AGREE WITH HIS VIEW.

MISHNAH 2. IF A MAN HAD FINISHED THE GATHERING10  BUT INTENDED TO BUY SOME MORE,11  OR IF HE HAD FINISHED BUYING BUT INTENDED TO BORROW12  SOME MORE, OR IF13  A TIME OF MOURNING, A WEDDING FEAST OR SOME OTHER HINDRANCE BEFELL HIM14  THEN EVEN IF ZABS AND ZABAHS WALKED OVER THEM15  THEY15  REMAIN CLEAN.16  IF ANY UNCLEAN LIQUIDS FELL UPON THEM,15  ONLY THE PLACE WHERE IT TOUCHED THEM BECOMES UNCLEAN,17  AND ANY SAP THAT ISSUES FORTH FROM THEM18  IS19  CLEAN.20

MISHNAH 3. WHEN THEIR PREPARATION IS FINISHED THEY15  BECOME SUSCEPTIBLE TO UNCLEANNESS. IF AN UNCLEAN LIQUID FELL UPON THEM THEY21  BECOME UNCLEAN.22  THE SAP THAT ISSUES FROM THEM23  R. ELIEZER RULES IS CLEAN,20  BUT THE SAGES24  RULE THAT IT IS UNCLEAN. R. SIMEON STATED: THEY DID NOT DISPUTE THE RULING THAT SAP THAT ISSUES FROM OLIVES IS CLEAN; BUT ABOUT WHAT DID THEY DIFFER? ABOUT THAT WHICH COMES FROM THE VAT,25  WHICH R. ELIEZER REGARDS AS CLEAN AND THE SAGES REGARD AS UNCLEAN.26

MISHNAH 4. IF A MAN27  HAD FINISHED [THE GATHERING OF HIS OLIVES] AND28  PUT29  ASIDE30  ONE BASKETFUL, LET31  HIM GIVE IT TO A POOR32  PRIEST;33  SO R. MEIR. R. JUDAH RULED: HE34  MUST HAND HIM35  OVER THE KEY FORTHWITH.36  R. SIMEON RULED:37  WITHIN TWENTY-FOUR HOURS.

MISHNAH 5. IF A MAN PUT HIS OLIVES IN A BASKET,38  THAT THEY MIGHT BE SOFTENED SO THAT THEY BE EASY TO PRESS, THEY BECOME SUSCEPTIBLE TO UNCLEANNESS;39  BUT IF TO BE SOFTENED SO THAT THEY MAY BE SALTED40  BETH SHAMMAI RULED: THEY BECOME SUSCEPTIBLE. BETH HILLEL RULED: THEY DO NOT BECOME SUSCEPTIBLE.41  IF A MAN CRUSHED OLIVES42  WITH UNWASHED43  HANDS44  HE CAUSES THEM TO BE UNCLEAN.45

MISHNAH 6. IF A MAN PUT HIS OLIVES ON A ROOF TO DRY, EVEN THOUGH THEY ARE PILED UP TO THE HEIGHT OF A CUBIT,46  THEY DO NOT BECOME47  SUSCEPTIBLE TO UNCLEANNESS.48  IF HE PUT THEM IN THE HOUSE TO PUTRIFY, THOUGH HE INTENDS TO TAKE THEM UP ON THE ROOF,49  OR IF HE PUT THEM ON THE ROOF THAT THEY MIGHT OPEN SO THAT THEY COULD BE SALTED,50  THEY BECOME SUSCEPTIBLE TO UNCLEANNESS. IF HE PUT THEM IN THE HOUSE WHILE HE SECURED51  HIS ROOF52  OR UNTIL HE COULD TAKE THEM ELSEWHERE,53  THEY DO NOT BECOME SUSCEPTIBLE TO UNCLEANNESS.48

MISHNAH 7. IF THE MAN DESIRED TO TAKE FROM THEM54  [A QUANTITY SUFFICIENT FOR] ONE PRESSING OR FOR TWO PRESSINGS,55  BETH SHAMMAI RULED: HE MAY TAKE OFF [WHAT HE REQUIRES] IN A CONDITION OF UNCLEANNESS,56  BUT MUST COVER UP [WHAT HE TAKES] IN A CONDITION OF CLEANNESS.57  BETH HILLEL RULED: HE MAY ALSO COVER IT UP IN A CONDITION OF UNCLEANNESS.58  R. JOSE RULED: HE MAY59  DIG OUT [WHAT HE REQUIRES] WITH METAL AXES60  AND CARRY IT TO THE PRESS IN A CONDITION OF UNCLEANNESS.61

MISHNAH 8. IF A [DEAD] CREEPING THING WAS FOUND IN THE MILLING STONES,62  ONLY THE PLACE THAT IT HAS TOUCHED BECOMES UNCLEAN; BUT IF THE MOISTURE WAS RUNNING,63  ALL BECOMES UNCLEAN.64  IF IT65  WAS FOUND ON THE LEAVES,66  THE OLIVE-PRESS MEN67  SHALL BE ASKED68  WHETHER THEY CAN SAY, 'WE DID NOT TOUCH IT'. IF IT65  TOUCHED THE MASS [OF OLIVES], EVEN BY AS LITTLE AS THE BULK OF A BARLEY GRAIN, [THE MASS BECOMES] UNCLEAN.

MISHNAH 9. IF IT65  WAS FOUND ON BROKEN OFF PIECES69  BUT IT TOUCHED AS MUCH AS AN EGGS BULK,70  [THE ENTIRE MASS] BECOMES UNCLEAN.71  IF IT WAS FOUND ON SEVERED PIECES THAT LAY UPON OTHER SEVERED PIECES,72  EVEN THOUGH IT TOUCHED73  AS MUCH AS AN EGG'S BULK70  ONLY THE PLACE73  IT TOUCHED BECOMES UNCLEAN.74  IF IT65  WAS FOUND BETWEEN THE WALL AND THE OLIVES, THE LATTER REMAIN CLEAN.75  IF IT WAS FOUND [ON OLIVES76  THAT WERE LYING] ON THE ROOF [OF THE VAT],77  [THE OLIVES IN] THE VAT REMAIN CLEAN.75  IF IT65  WAS FOUND IN THE VAT, [THE OLIVES ON] THE ROOF76  ARE [ALSO] REGARDED AS UNCLEAN.78  IF IT65  WAS FOUND BURNT79  UPON THE OLIVES, AND SO ALSO IN THE CASE OF A RAG80  THAT WAS SCORCHED,81  [THE OLIVES REMAIN] CLEAN, BECAUSE ALL CASES OF UNCLEANNESS ARE DETERMINED IN ACCORDANCE WITH THEIR APPEARANCE AT THE TIME THEY ARE FOUND.82

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Original footnotes renumbered.
  1. That are intended for the manufacture of oil.
  2. On account of the moisture they exude.
  3. This liquid being desired and welcomed by the owner is, like all liquids that are deliberately put on foodstuffs or whose presence on the food is desired, capable of rendering the olives susceptible to uncleanness, v. Maksh. I, 1.
  4. In which the olives are gathered and the moisture in which runs to waste through its holes. Such moisture is useless to the owner and, therefore, undesired by him (cf. prev. n.).
  5. Before which time the moisture cannot be regarded as valid oil.
  6. Only after the third day can the moisture be regarded as oil and thus render the olives susceptible to uncleanness. Seven kinds of liquids, of which oil is one, are capable of imparting such susceptibility to foodstuffs.
  7. In the vat, owing to the moisture exuded.
  8. Lit., 'their work'.
  9. Sc. when no more olives are to be added to the batch of olives finally harvested and ready to be placed in the vat. It is then that exudation is desired and it is, therefore, then that the liquid is capable of rendering the olives susceptible to uncleanness.
  10. Of his olives, from the tree.
  11. To add to those in the vat; in consequence of which the exudation of the first batch is unwelcome, since by the time the second batch would begin to exude the first would be too soft and spoilt.
  12. Var. lec. 'to gather'. Cf. prev. n.
  13. Before he completed the packing of the vat.
  14. So that he is compelled to complete the packing later, and the exudation of the first batch is consequently unwelcome to him (cf. prev. n. but two).
  15. The olives.
  16. Since the liquid, as stated supra, was undesired and, therefore, incapable of rendering the olives susceptible.
  17. Because only that place that has been touched by the liquid has been rendered by it susceptible to uncleanness as well as unclean simultaneously.
  18. Before the packing has been completed.
  19. Since it is unwelcome.
  20. Sc. it neither causes the olives to be susceptible to uncleanness nor does it itself contract any uncleanness.
  21. Even the olives that have not been directly touched by the liquid.
  22. Since the unclean liquid is mixed up with their sap.
  23. Which, according to R. Eliezer, is no proper oil and cannot, therefore, be classed among the seven liquids that render foodstuffs susceptible to uncleanness.
  24. Regarding the sap as one of the liquids that may cause susceptibility to the uncleanness of foodstuffs.
  25. After the good oil had been removed.
  26. Since some particles of good oil must remain in it.
  27. Who was an 'am ha-arez and who, after the season of gathering, is not trusted to keep his olives in conditions of cleanness.
  28. In order that it may not become susceptible to uncleanness like the others.
  29. Var. lec. 'let him put'.
  30. To keep it in conditions of cleanness so that terumah for the priest may be taken from it.
  31. Var. lec., 'and let'.
  32. Var. lec., 'in the presence of a'. The reading 'poor' does not exclude a wealthy priest; but the scanty terumah given after the season is usually allotted to a poor priest.
  33. Who must himself press out the oil and take off the terumah under conditions of certain cleanness.
  34. Who was an 'am ha-arez and who, after the season of gathering, is not trusted to keep his olives in conditions of cleanness.
  35. The priest.
  36. Sc. the same day on which the gathering of his olives had been finished; thus making sure that no uncleanness whatsoever could be conveyed to them.
  37. With reference to the time within which the key must be given to the priest.
  38. Var. lec., 'press'.
  39. Owing to the exuding moisture which was welcomed by him.
  40. And eaten in that condition.
  41. Since the exuding moisture is not welcomed, the owner preferring it to remain in the olives.
  42. Of terumah.
  43. Lit., 'unclean'.
  44. Which, unless washed, are always deemed to be unclean in the second grade and to convey invalidity to terumah and first grade uncleanness to liquids.
  45. As the exuding moisture is welcomed by him it renders the olives susceptible to uncleanness and also unclean in the second grade, since the moisture that becomes unclean in the first grade conveys to the olives an uncleanness of the second grade.
  46. So that the weight of the upper olives inevitably presses down on the lower ones and causes exudation.
  47. Var. lec., 'behold they are'.
  48. Since the exuding moisture is not welcomed, the owner preferring it to remain in the olives.
  49. To dry.
  50. Var. lec., 'that they might putrify or open'.
  51. Aliter: While he prepares a watchman's hut on.
  52. Where they are subsequently to be taken to dry.
  53. Cf. prev. n.
  54. The mass of olives that are not yet susceptible to uncleanness.
  55. Sc. he is not taking the entire batch to which he intends to add some more olives.
  56. And it nevertheless remains clean, since the olives are still insusceptible to uncleanness.
  57. Since its separation from the mass constitutes the completion of its preparation for the olive-press and the exuding moisture renders it susceptible to uncleanness.
  58. So long as the greater part of the mass remains in the basket incomplete.
  59. Even when moving the entire mass.
  60. Though such axes are subject to many restrictions of uncleanness.
  61. In his opinion the olives remain insusceptible to uncleanness until the actual pressing had begun.
  62. Of olives.
  63. Thus connecting the creeping thing with the mass of olives.
  64. From contact with the moisture that contracted uncleanness from the creeping thing.
  65. The creeping thing.
  66. That cover up the olives, and that are insusceptible to uncleanness.
  67. Though they belong to the class of the 'am ha-arez.
  68. Since in this matter even the word of an 'am ha-arez may be relied upon.
  69. Of the main mass of olives, each piece being less than egg's bulk and lying on the main mass.
  70. Made up of the broken off pieces.
  71. On account of its contact with the egg's bulk of the small pieces that contracted uncleanness from the creeping thing.
  72. The former being separated from the main mass by the latter.
  73. Of the upper pieces.
  74. The lower pieces remain clean since each in turn only touched an unclean piece above it that was smaller than the prescribed minimum. The pieces are not combined to constitute the required bulk.
  75. It being assumed that it had never touched them.
  76. Taken from the vat.
  77. To dry.
  78. As these olives were once in the vat it is assumed that the creeping thing was there with them before they were taken up to the roof.
  79. When it no longer conveys any uncleanness.
  80. Of a zab.
  81. V. p. 408, n. 18.
  82. Hence it is assumed that the creeping thing or the scorched rag was in that condition during all the time that it lay on the olives.
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