E. R.
Jeremiah objected: [As to] an oven
which was made unclean — how do they clean it? One divides it in three [equal] parts and scrapes off the plastering [124a] so that it is on the ground. R. Meir says, “One does not need to scrape off the
plastering, and not down to the
earth. But one cuts it down [to] within four handbreadths” [M. Kel. 5:7 A-C].
But if he cuts it down [to] within four
handbreadths behold it is clean! Why
is this the case? Let him maintain that it is sturdy [and can be put back
together]!
F. Said
to him Raba, “Consider the view of the rabbis that he scrapes off the plastering so that it is on the ground.” Rather
said Raba, “Here is how you should state the matter: [As to] an oven which was made unclean — how do they clean it? All
parties agree that one divides it in
three [equal] parts and scrapes off the plastering so that it is on the ground.
G. And one who wants to make sure that
his oven does not become unclean, what does he do? One divides it in three [equal] parts and scrapes off the plastering so
that it is on the ground. R. Meir
says, “One does not need to scrape off the plastering, and not down to the earth. But one cuts it down
[to] within four handbreadths.”
H. Said the master: One divides it in three [equal] parts. And they raised a contradiction: A baking oven — “Its beginning [is] four
[handbreadths]. And its remnants [are] four [handbreadths],” the words of R.
Meir. And sages say, “Under what
circumstances? In the case of a large one, but in the case of a small one — its beginning is any size at all, and its
remnants [to remain susceptible] are
the larger part [of the original oven]” [M. Kel. 5:1 A-E].
I. And how much is any size at all? Said the House of R.
Yannai, “A handbreadth. For they make ovens a handbreadth [as a toy (Rashi),
and larger for practical use].”
J. The
basis [for it to remain unclean] is that its remnants [are] four [handbreadths]. But lo, [from this we may draw the inference that] if its remnants are
not four [handbreadths], it is clean. [This is contrary to M. Kel. 5:7 that
prescribes that one must break the oven into three parts and makes no reference
to the minimum size of four handbreadths.]
K. They
said [in response]: there [in 5:1 the case is that] he broke it widthwise [and
if the parts are less than four it is not usable and therefore clean]. Here [in
5:7 the case is that] he broke it lengthwise [and he must divide it at least
into thirds so that no single part is a major portion of the oven.]
L. Said
the master: And its remnants [to
remain susceptible] are the larger
part [of the original oven]. Of what
use is the greater part of [a small oven the size of] a handbreadth?
M. Said
Abayye, “The remnants of a large oven are the larger part [of the original oven].”
But lo, the rabbis said, [And its
remnants are] four [handbreadths]. There
is no contradiction. This one [view of the rabbis in the Mishnah passage]
refers to an oven that is [originally] nine [handbreadths]. And this one
[Abayye's statement of the rule] refers to an oven that is [originally] seven
[handbreadths]. [And in both instances the statements result in potentially
lenient interpretations of the law.]
III.3
A. There
is another textual version [of the preceding at III.1]: R. Huna said in the name
of R. Ishmael b. R. Yosé, “They learned the rule [that once torn a garment is
clean of prior uncleanness, referring back to I.2 A] even if one has left
enough of the cloth to be used as an apron, [it is not deemed joined to the
rest and therefore the garment remains clean][cf. b. Zeb. 94b].”
B. Said
Resh Laqish, “They learned the rule only with regard to a cloak. But with
regard to [one who tears up an unclean garment made of] leather — it is sturdy
[and if they piece it back together it regains its original status including
its uncleanness].”
C. And
R. Yohanan said, “Even leather is not sturdy [enough. And if it is torn to
shreds and pieced together it does not regain its original status].”
D. R.
Yohanan raised an objection to Resh Laqish: A hide that is unclean with midras
uncleanness and that one intended [to use] for straps and sandals — “Once one
has placed the knife on it, it is clean,” the words of R. Judah. And sages say,
“Until one will diminish it [to] less than five handbreadths [it is still
unclean][M. Kel. 26:9 A-C].” Once he
diminishes it [to less than that size], behold it is clean! Why is this the
case? Let him maintain that it is sturdy [in accord with the view of Resh
Laqish]!
E. In
that case [in M. Kel.] what are we dealing with? Where he needed it for a seat
for a zab. [Jastrow: a leather
seat of a folding chair. If he cut it to a size too small for this purpose it
no longer had any value to him.]
Unit
I.1 discusses the implication of the rule of M. and cites the relevant T. Unit
I.2 contrasts the premise of out M. with an intersecting premise of a rule in
M. Kelim and works through the analysis of that matter. I.3 inquires further
into the circumstances addressed by M. II.1 cites T. and glosses it. III.1
picks up on a point raised in I.2 A and expounds various related issues.
Finally, III.2-3 is a reprise of themes of I and II with additional cases for
analysis.
9:4
A. Hide on which is an
olive's bulk of [carrion] meat —
B. he who [or that which] touches the
shred which juts forth from it or hair which is on the opposite side is
unclean.
C. “[If] there were on it two
half-olive's bulks, it imparts uncleanness to the one who carries it, but not
to the one who touched it,” the words of R. Ishmael.
D. R. Aqiba says, “Neither to the one
who touches it nor to the one who carried it.”
E. And R. Aqiba agrees in the case of
two half-olive's bulks [of meat] which one stuck onto a spindle and moved,
F. that he is unclean.
G. And on what account does R. Aqiba
declare clean in the case of hide?
H. Because the hide renders them
negligible.
I.1
A. Said
Ulla, said R. Yohanan, “They only taught the matter where a wild beast [tore
the animal and] exposed it [i.e., the
shred which juts forth]. But where
the knife [of the butcher] exposed it, it is a null entity [with regard to the
transmission of uncleanness].”
B. Said
R. Nahman to Ulla, “Did R. Yohanan say [this is the status of the meat] even
[if the piece cut by a knife that juts out is as large as] the size of a tirta
[i.e., a quarter of a qab, or the size of a scale (Rashi)]? He said to him,
“Yes.” “Even the size of a sieve?” He said to him, “Yes.”
C. He
[Nahman] said to him, “God! If R. Yohanan had told me this himself, I would not
have heeded him.”
D. When
R. Oshaia went off to Israel he found R. Ammi. He stated this tradition before
him: “This is what Ulla said and this is what R. Nahman answered.” He [Ammi]
said to him, “And because R. Nahman is the son-in-law of the Exilarch does this
permit him to mock the tradition of R. Yohanan?”
E. Another
time [R. Oshaia] found [R. Ammi] sitting in session and stating concerning the
latter text of the Mishnah-passage [C-D]: “[If] there were on it two half-olive's bulks, it imparts uncleanness
to the one who carries it, but not to the one who touched it,” the words of R.
Ishmael. R. Aqiba says, “Neither to the one who touches it nor to the one who
carried it.”
F. [And said R. Ammi], said R. Yohanan, “They only taught the
matter where a wild beast [tore the animal and] exposed it [i.e., the shred which juts forth]. But where the knife [of the butcher]
exposed it, it is a null entity [with regard to the transmission of
uncleanness].”
G. He
[Oshaia] said to him, “Does the master connect this teaching [of Yohanan] to
the latter text of the Mishnah-passage?” He said to him, “Yes.” [He said to
him,] “But Ulla connects this teaching to the former text of the
Mishnah-passage.” He said to him, “Yes.”
H. He
[Oshaia] said to him, “God! If Joshua the son of Nun had told me this himself
in [Moses'] name, I would not have heeded him.”
I. When
Rabin came [to Babylonia] with the travellers from Israel, he stated this
[teaching of Yohanan] in connection with the former text of the Mishnah
passage.
J. But
then this poses a question [in accord with Nahman, that a piece of meat the
size of a scale or sieve would be accounted as negligible]. [We might explain]
as R. Pappa said, [124b] “[It refers to] a flattened piece.” Here
too [in our Mishnah-passage the piece that was cut refers to] a flattened piece
[that in fact does not amount to an olive's bulk].”
II.1
A. “[If]
there were on it [two half-olive's bulks, it imparts uncleanness to the one who
carries it, but not to the one who touched it,” the words of R. Ishmael][M. 9:4
C]. Said Bar Padda, “They only taught
the matter regarding a case where they were behind [where the person touched].
But if they were in the front [where he touched them], there could be [an
instance] where he touched one and then touched the other [and they combine to
render him unclean].”
B. And
R. Yohanan said, “There is no [instance] where he touched one and then touched
the other [and they combine to render him unclean].”
C. And
R. Yohanan follows in accord with his own view [elsewhere]. For said R.
Yohanan, “R. Ishmael and R. Dosa b. Hyrcanus said the same thing.”
D. R.
Ishmael — this is the one we stated [M. 9:4 C]. And R. Dosa b. Hyrcanus — as it
was taught on Tannaite authority in the Mishnah: All things which contaminate in the Tent, which were divided and which
one brought into the house — R. Dosa b. Hyrcanus [Neusner: Harkinas] declares
clean. And sages declare unclean [M. Ohalot 3:1 A-C].
E. Said
R. Dosa b. Hyrcanus, “There we do not [employ the principle that] it [the
house] overshadowed one part and then overshadowed the other [and they combine
to render unclean in the enclosed space]. Here too we do not [employ the
principle that] he could touch one [piece of meat] and then touch the other
[and they combine to render him unclean].”
F. And
since the view of R. Dosa b. Hyrcanus [in M. Ohalot] corresponds to the view of
R. Ishmael [in our Mishnah-passage], then the view of the rabbis [sages, there]
corresponds to the view of R. Aqiba [here]. But lo, R. Aqiba declares clean [a
person who touches the item in question and sages declare unclean the house in
question].
G. On
this point [we must insist that] R. Aqiba declares clean only the [case of two
pieces of meat stuck to] a hide. But in general he declares [analogous cases]
unclean.
H. As
it is taught in the latter text of our Mishnah-passage [E-H]: And R. Aqiba agrees in the case of two
half-olive's bulks [of meat] which one stuck onto a spindle and moved, that he
is unclean. And on what account does
R. Aqiba declare clean in the case of a hide? Because the hide renders them
negligible.
II.2
A. R.
Uqba bar Hama posed an objection [based on the language in these verses:
“And if any animal of which you may eat dies, he who touches its carcass shall
be unclean until the evening and he who eats of its carcass shall wash his
clothes and be unclean until the evening; he also who carries the carcass shall
wash his clothes and be unclean until the evening” (Lev. 11:39-40)]. “[He who
touches] its carcass” — and not [who touches] a hide that had on it two half-olive's bulks.
B. You might infer that even if he
carries [the hide he does not become unclean]. It comes to teach, “He also who
carries the carcass shall... be unclean,” the words of R. Ishmael.
C. R. Aqiba says, “`He who touches...
and he who carries...' — whatever is subsumed under the rule of touching [and
deemed unclean] is subsumed under the rule of carrying [and deemed unclean in
that regard]. Whatever is not subsumed under the rule of touching is not
subsumed under the rule of carrying” [=M. 9:5 M].
D. And
if you accept [the interpretation of the case of a piece of hide with two
half-olive-bulks of meat on it in accord with Bar Padda above at II.1 A] then
behold it is subsumed under the rule of touching [when the meat is stuck on] if
they were in the front [where he touched them, there could be an instance where
he touched one and then touched the other and they combine to render him
unclean].
E. Said
Raba, “Here is how you should state the matter [of Aqiba's generalization]:
Whatever is subsumed under the rule of touching when it is on either side [of
the hide and is deemed unclean] is subsumed under the rule of carrying [and
deemed unclean in that regard]. Whatever is not subsumed under the rule of
touching on either side, is not subsumed under the rule of carrying.”
III.1
A. R.
Avya the Elder posed a question to Rabbah bar R. Huna, “A marrow bone that
is stopped up — in accord with the view of R. Ishmael what is the law as to
whether it renders unclean through carrying? Does R. Ishmael hold in accord
with [the principle]: That which enters
the category of touching enters the category of carrying. That which does not
enter the category of touching does not enter the category of carrying [M. 9:5
M]?
B. “And
here the basis for our reasoning [that the pieces of meat render unclean] is
that they were subsumed in the rule of touching in the front [but you cannot
touch the unclean part in a marrow bone that is stopped up].
C. “Or
perhaps he does not [hold in accord with that principle at all, in which case
you could argue that a marrow bone renders unclean through carrying even though
it cannot do so through touching].”
D. He
[Rabbah] said to him, “Look at the raven flying.” [He changed the subject
and did not answer.]
E. Said
to him Raba his son, “Is that not R. Avya the Elder from Pumbedita whom the
master lauded as a great person?” [Why did you dismiss him so rudely?]
F. He said to him, “Today I [felt weak
and dismissed him in accord with the verse], `Sustain me with raisins, [refresh
me with apples; for I am faint with love]' (Song of Songs 2:5). And he had posed before me a matter that
demanded [complex] reasoning.”
III.2
A. Said Ulla, “Two half-olive's bulks [of meat] which one stuck onto a spindle and
even if he waved them back and forth all day long, he is clean. What is the basis in scripture for this
rule? It is written, “He also who carries [the carcass shall wash his
clothes and be unclean until the evening]” (Lev. 11:40). We read it “carries”
[even though it is written “carried”]. [This implies that] we need to have a case
where he carries what can be carried together [i.e., in one and not in two
pieces].
B. It was taught on Tannaite authority
in the Mishnah: “[If] there were on it
two half-olive's bulks, it imparts uncleanness to the one who carries it, but
not to the one who touched it,” the words of R. Ishmael [M. 9:4 C]. But why is this the case? Lo, it cannot be
carried together [in one and not in two pieces]? Said R. Pappa, “We deal with a case of a flattened piece [of meat that
connects the two half-olive-bulks (Rashi)]” [I.1 J].
C. Come
and take note: And R. Aqiba agrees
in the case of two half-olive's bulks [of meat] which one stuck onto a spindle
and moved, that he is unclean [M. 9:4 E-F]. But why is this the case? Lo, it cannot be carried together [in one and
not in two pieces]? Here also we deal with a case of a flattened piece of meat
[that connects them].
D. This
accords with a Tannaite dispute: It is the same whether one touches them or
moved them [with a stick]. R. Eliezer says, “It is even [the same] if he
carries them.”
E. Is
not carrying also moving them? Rather here is what you should say: It is
the same whether one touches them or moved them [with a stick] without carrying
them.
F. And R. Eliezer comes to say, “It is
[the same] if he carries them.” What
about the language, “Even”? You may
maintain that it should say, “It is [the same] if he carries them.”
Unit
I.1 is a direct exposition of M.'s principles. II.1 aligns positions related to
the M.-passage here and M. elsewhere. II.2 inquires into the principle of the
M. and its basis in scripture. III.1 further clarifies the operative principle
of M. through the discussion of the example of the marrow bone. III.2 spells
out the underlying considerations of E-F in the M.-passage.
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