One who said, "I touched this thing and I do not know if it is impure or if it is pure," or [if he says,] "I touched one, but I do not know which of the two I touched," [i.e. like if one does not know if he touched the impure vermin or the pure frog,] Rabbi Akiva declares him impure, but the Sages declare him pure. Rabbi Yose declares them all impure, but in [the case of] the paths he declares [him] pure because it is the way of people to walk [down a path], but it is not their way to touch [the objects on the ground].
Bartenura on Mishnah Tahorot
אחד שאמר נגעתי בזה – it refers to the frog and the creeping animal of the first clause [found in Mishnah 1 of this chapter], for the frog is similar to a species of lizard and they (i.e., the Rabbis) erred concerning it.
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English Explanation of Mishnah Tahorot
Introduction
Today's mishnah is a direct continuation of yesterday's mishnah, in which a person was not sure if he had been defiled in the public domain.
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Bartenura on Mishnah Tahorot
שדרך בני אדם להלוך – that it is impossible for a person to prevent himself that he should not walk in the public domain, therefore a manner of doubt regarding pathways is ritually pure. But [regarding] touching/contact it is possible for a person not to touch it, therefore, if he has doubt whether he touched it or not, his manner of doubt is ritual impurity. But the Halakha is neither according to Rabbi Akiba or Rabbi Yossi.
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English Explanation of Mishnah Tahorot
One who said, "I touched an object but I do not know whether it was unclean or clean," or "I touched one but I do not know which of the two I touched": Rabbi Akiva rules that he is unclean, But the sages rule that he is clean. This section refers to the frog and sheretz (dead creepy crawly thing) case from section one in yesterday's mishnah. The person knows that he touched one of the two, but isn't sure which one he touched. Some commentators point out that a turtle, which does count as a sheretz, might be considered to look a little like a frog. This might be especially true when they are dead, which is when the sheretz defiles. The positions of the sages and R. Akiva are the same as they were above Rabbi Akiva says that he is impure and the sages say that he is pure.
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English Explanation of Mishnah Tahorot
Rabbi Yose says that he is unclean in every case and clean only in that of the path, since it is the usual custom for people to walk but it is not their usual practice to touch. Rabbi Yose distinguishes between the person who walked down the path but doesn't know whether it was the pure or impure path and the other cases. Walking down a path is a normal activity. Therefore, we can assume he might not remember which path he walked down. But randomly touching things (like bones or dead flesh!) is not normal. He could live without touching these things. Therefore, he is considered impure.
