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Babylonian Talmud: Tractate Tohoroth

Folio 6

CHAPTER VI

MISHNAH 1. IF A PLACE THAT WAS A PRIVATE DOMAIN HAS BECOME A PUBLIC DOMAIN1  AND THEN WAS TURNED AGAIN INTO A PRIVATE DOMAIN, WHILE IT IS A PRIVATE DOMAIN ANY CONDITION OF DOUBT ARISING IN IT IS DEEMED UNCLEAN BUT WHILE IT IS A PUBLIC DOMAIN ANY CONDITION OF DOUBT ARISING IN IT IS DEEMED CLEAN. IF A MAN WHO WAS DANGEROUSLY ILL IN A PRIVATE DOMAIN WAS TAKEN OUT INTO A PUBLIC DOMAIN AND THEN BROUGHT BACK INTO A PRIVATE DOMAIN,2  WHILE HE IS IN THE PRIVATE DOMAIN ANY CONDITION OF DOUBT ARISING THROUGH HIM3  IS DEEMED UNCLEAN4  BUT WHILE HE IS IN THE PUBLIC DOMAIN ANY CONDITION OF DOUBT ARISING THROUGH HIM3  IS DEEMED CLEAN.5  R. SIMEON RULED: THE PUBLIC DOMAIN CAUSES A BREAK.6

MISHNAH 2. FOUR CASES OF DOUBT, R. JOSHUA RULED, ARE DEEMED UNCLEAN AND THE SAGES RULE THAT THEY ARE DEEMED CLEAN. FOR INSTANCE? IF AN UNCLEAN MAN7  STOOD8  AND A CLEAN MAN PASSED BY9  OR THE CLEAN MAN STOOD AND THE UNCLEAN ONE PASSED BY;9  OR IF AN UNCLEAN OBJECT WAS IN A PRIVATE DOMAIN AND A CLEAN ONE IN THE PUBLIC DOMAIN OR THE CLEAN OBJECT WAS IN THE PRIVATE DOMAIN AND THE UNCLEAN ONE IN THE PUBLIC DOMAIN, AND THERE IS DOUBT WHETHER THERE WAS CONTACT10  OR NOT, OR WHETHER THERE WAS OVERSHADOWING10  OR NOT, OR WHETHER THERE WAS SHIFTING11  OR NOT, R. JOSHUA RULES THAT THE CLEAN BECOMES UNCLEAN,12  BUT THE SAGES RULE THAT THE CLEAN REMAINS CLEAN.

MISHNAH 3. IF A TREE STANDING IN A PUBLIC DOMAIN HAD WITHIN IT AN OBJECT OF UNCLEANNESS AND A MAN CLIMBED TO THE TOP OF IT, AND THE DOUBT AROSE AS TO WHETHER HE DID OR DID NOT TOUCH THE OBJECT OF UNCLEANNESS. SUCH A CONDITION OF DOUBT IS DEEMED UNCLEAN.13  IF A MAN14  PUT HIS HAND INTO A HOLE IN WHICH THERE WAS AN OBJECT OF UNCLEANNESS AND THERE IS DOUBT WHETHER HE DID OR DID NOT TOUCH IT, SUCH A CONDITION OF DOUBT IS DEEMED UNCLEAN.13  IF A SHOP THAT WAS UNCLEAN WAS OPEN TOWARD A PUBLIC DOMAIN AND THERE IS DOUBT WHETHER A MAN DID OR DID NOT ENTER IT, SUCH A CONDITION OF DOUBT IS DEEMED CLEAN.15  IF THERE IS DOUBT WHETHER HE DID OR DID NOT TOUCH ANYTHING, SUCH A CONDITION OF DOUBT IS DEEMED CLEAN.16  IF THERE WERE TWO SHOPS, THE ONE UNCLEAN AND THE OTHER CLEAN, AND A MAN ENTERED INTO ONE OF THEM, AND A DOUBT AROSE AS TO WHETHER HE ENTERED THE UNCLEAN, OR THE CLEAN ONE, SUCH A CONDITION OF DOUBT IS DEEMED UNCLEAN.17

MISHNAH 4. HOWEVER MANY THE DOUBTS AND THE DOUBTS ABOUT DOUBTS THAT ONE CAN MULTIPLY, A CONDITION OF DOUBT IN A PRIVATE DOMAIN IS DEEMED UNCLEAN, AND IN A PUBLIC DOMAIN IT IS DEEMED CLEAN. FOR INSTANCE? IF A MAN ENTERED AN ALLEY18  AND AN UNCLEAN OBJECT WAS IN THE COURTYARD, AND A DOUBT AROSE AS TO WHETHER THE MAN DID OR DID NOT ENTER IT;19  OR IF AN OBJECT OF UNCLEANNESS WAS IN A HOUSE AND THERE IS DOUBT WHETHER A MAN ENTERED OR NOT; OR EVEN WHERE HE ENTERED, THERE IS DOUBT WHETHER THE UNCLEANNESS WAS THERE OR NOT; OR EVEN WHERE IT WAS THERE THERE IS DOUBT WHETHER IT CONSISTED OF THE PRESCRIBED MINIMUM OR NOT; OR EVEN WHERE IT CONSISTED OF THE PRESCRIBED MINIMUM, THERE IS DOUBT WHETHER IT WAS UNCLEAN OR CLEAN; OR, EVEN WHERE IT WAS UNCLEAN, THERE IS DOUBT WHETHER THE MAN HAD TOUCHED IT OR NOT, ANY SUCH CONDITION OF DOUBT IS DEEMED UNCLEAN. R. ELIEZER20  RULED: ANY CONDITION OF DOUBT IN REGARD TO ENTERING IS DEEMED CLEAN, BUT ANY CONDITION OF DOUBT IN REGARD TO CONTACT WITH THE UNCLEANNESS IS DEEMED UNCLEAN.21

MISHNAH 5. IF A MAN ENTERED A VALLEY22  IN THE RAINY SEASON23  AND THERE WAS AN UNCLEANNESS IN A CERTAIN FIELD, AND HE STATED, 'I WENT INTO THAT PLACE24  BUT I DO NOT KNOW WHETHER I ENTERED THAT FIELD25  OR NOT', R. ELIEZER RULES THAT HE IS CLEAN,26  BUT THE SAGES RULE THAT HE IS UNCLEAN.27

MISHNAH 6. A CONDITION OF DOUBT OCCURRING IN A PRIVATE DOMAIN IS DEEMED UNCLEAN UNLESS THE MAN CONCERNED CAN SAY, 'I DID NOT TOUCH THE UNCLEAN THING'. A CONDITION OF DOUBT IN A PUBLIC DOMAIN IS DEEMED CLEAN UNLESS THE MAN CONCERNED CAN SAY, 'I DID TOUCH THE UNCLEAN THING'. WHAT IS REGARDED AS A PUBLIC DOMAIN? THE PATHS OF BETH GILGUL28  AND SIMILAR PLACES ARE REGARDED AS A PRIVATE DOMAIN29  IN RESPECT OF THE LAWS OF THE SABBATH, AND A PUBLIC DOMAIN IN RESPECT OF THOSE OF UNCLEANNESS.30  R. ELIEZER31  STATED: THE PATHS OF BETH GILGUL WERE MENTIONED ONLY BECAUSE THEY ARE REGARDED AS A PRIVATE DOMAIN IN BOTH RESPECTS.32  PATHS THAT OPEN OUT TOWARDS CISTERNS, PITS, CAVERNS OR WINE-PRESSES ARE REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE LAWS OF THE SABBATH AND AS A PUBLIC DOMAIN IN RESPECT OF THOSE OF UNCLEANNESS.

MISHNAH 7. A VALLEY IN SUMMER TIME33  IS REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE LAWS OF THE SABBATH, BUT AS A PUBLIC DOMAIN IN RESPECT OF THOSE OF UNCLEANNESS; AND IN THE RAINY SEASON34  IT IS REGARDED AS A PRIVATE DOMAIN IN BOTH RESPECTS.35

MISHNAH 8. A BASILICA36  IS REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE LAWS OF THE SABBATH BUT AS A PUBLIC DOMAIN IN RESPECT OF THOSE OF UNCLEANNESS. R. JUDAH RULED: IF A MAN STANDING AT ONE DOOR CAN SEE THOSE THAT ENTER AND LEAVE AT THE OTHER DOOR, IT IS REGARDED AS A PRIVATE DOMAIN IN BOTH RESPECTS; OTHERWISE IT IS REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE SABBATH AND AS A PUBLIC DOMAIN IN RESPECT OF UNCLEANNESS.

MISHNAH 9. A FORUM37  IS REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE SABBATH LAWS AND AS A PUBLIC DOMAIN IN RESPECT OF THE LAWS OF UNCLEANNESS; AND THE SAME APPLIES TO ITS SIDES.38  R. MEIR RULED: THE SIDES ARE REGARDED AS A PRIVATE DOMAIN IN BOTH RESPECTS.39

MISHNAH 10. COLONNADES40  ARE REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE SABBATH LAWS AND AS A PUBLIC DOMAIN IN RESPECT OF THE LAWS OF UNCLEANNESS. A COURTYARD INTO WHICH MANY PEOPLE ENTER BY ONE DOOR AND LEAVE BY ANOTHER,41  IS REGARDED AS A PRIVATE DOMAIN IN RESPECT OF THE SABBATH LAWS AND AS A PUBLIC DOMAIN IN RESPECT OF THE LAWS OF CLEANNESS.

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Original footnotes renumbered.
  1. A valley, for instance, is a private domain in the winter when on account of the growing crops people are kept out of it, and a public domain in the summer when many labourers carry on in it the various activities associated with the harvest.
  2. Where he was found to be dead.
  3. Sc. if there is doubt whether a person had touched him while he was still alive or when he was already dead.
  4. It being assumed that he was dead in the private domain before he was taken out into the public domain. Hence the man who touched him in the private domain, whether before or after he had been taken into the public domain, is deemed unclean.
  5. And any one who touched him in the public domain before he was brought back into the private domain remains clean.
  6. Between the first and the second presence in the private domain; sc. since the dead man is deemed to have been alive while he was in the public domain he cannot possibly have been dead prior to that. Hence any condition of doubt during his first presence in the private domain must be deemed clean.
  7. A leper.
  8. Under any form of roof.
  9. The doubt arising whether (a) there was contact between the two or (b) the man that walked remained stationary for a moment while under the roof (cf. prev. n.) and the clean man thus contracted uncleanness by overshadowing.
  10. Cf. prev. n.
  11. Of the unclean by the clean.
  12. In his opinion a doubt involving both a private and a public domain is to be regarded as involving the former alone.
  13. Because though, in respect of the Sabbath laws, a tree or a hole in a public domain is regarded as a public domain, in respect of uncleanness it is treated as a private domain.
  14. While standing in the public domain.
  15. The unclean shop in the public domain is on a par with a dead creeping thing lying in a public domain, and the doubt concerning entry into it is on a par with the doubt concerning the touching of the creeping thing; the former, therefore, like the latter are deemed clean (cf. supra V, lf).
  16. Cf. prev. n.
  17. Since there is no doubt that he entered one private domain at least.
  18. Which in this respect is like a private domain.
  19. The courtyard.
  20. Var. lec. Eleazar.
  21. This is derived by analogy from the conditions governing a sotah, (v. Glos).
  22. Comprising many fields.
  23. When the fields are sown and, therefore, regarded as a private domain.
  24. The valley.
  25. Which contained the uncleanness.
  26. Since the fields are separated from each other the condition of doubt is one relating to entry which is deemed clean.
  27. Because the valley unites all the fields into one unit.
  28. Which are not frequented by many people. On Beth Gilgul v. MGWJ 1921, p. 88 and 320.
  29. Sc. not a public domain. They are in fact a karmelith (v. Glos).
  30. Even if less than three men were present when the doubt arose. Where three men are present even a private domain proper is treated as a public domain in respect of the laws of uncleanness.
  31. Var. lec. Eleazar.
  32. The laws of the Sabbath and the laws of uncleanness.
  33. When it is frequented by the labourers engaged in it in various harvesting activities.
  34. When it is deserted.
  35. V. p. 393, n. 9.
  36. A large hall with doors opening in all directions, used as a public meeting place but not as a thoroughfare.
  37. Faron, a building in the style of a basilica whose doors are directly opposite one another. Aliter: A house in the heart of a public domain.
  38. On either side of the passage from one door to the other.
  39. The laws of the Sabbath and the laws of uncleanness.
  40. In front of shops, having behind them raised benches on which the traders sit or display their wares.
  41. Though the doors are not directly opposite one another.
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