Commentary for Tahorot 8:4
הַמַּנִּיחַ אֶת בֵּיתוֹ פָתוּחַ וּמְצָאוֹ פָתוּחַ, נָעוּל וּמְצָאוֹ נָעוּל, פָּתוּחַ וּמְצָאוֹ נָעוּל, טָהוֹר. נָעוּל וּמְצָאוֹ פָתוּחַ, רַבִּי מֵאִיר מְטַמֵּא, וַחֲכָמִים מְטַהֲרִין, שֶׁהָיוּ גַנָּבִים וְנִמְלְכוּ וְהָלְכוּ לָהֶן:
One who left his house open and finds it open, locked and finds it locked, open and finds it locked, it is pure. If he left it locked and finds it open, Rabbi Meir declares it impure, but the Sages say it is pure because [they assume that] there were robbers who changed their minds and left [without entering the house].
Bartenura on Mishnah Tahorot
מפני שהיו גנבים – meaning to say, since they left it locked and found it open, certainly thieves were there and opened it, and that we don’t defile him, for it is stated that they changed their mind and went away and didn’t touch anything that was in the house. And the Halakha is according to the Sages.
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English Explanation of Mishnah Tahorot
One who left his house open and found it open, or locked and found it locked, or open and found it locked, it remains clean. One doesn't assume that someone had broken into one's house and defiled the things in there without some sign of breaking and entering. So if he left the house open or locked and returned and found it in the same state, the house and its contents remain pure. Even if he left it open and found it locked, we don't assume that someone came in and locked the door when he went out.
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English Explanation of Mishnah Tahorot
But if he left it closed and found it open: Rabbi Meir says that it is unclean; But the sages say that it remains clean, since, though thieves had been there, they may have changed their mind and gone away. If he left it closed and found it open and then looked around and even it didn't look like anyone had been there, Rabbi Meir says that he must assume that impure thieves touched the objects in the house. Therefore, all of the contents must be regarded as defiled. Obviously, if he could see that people had touched the stuff, he would have to treat it as impure. The other sages say that there is a possibility that no one touched the contents of the house, and therefore the contents remain pure. After all, if thieves had really touched the stuff, one might ask why they didn't steal it.
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