Talmud for Mikvaot 2:2

מִקְוֶה שֶׁנִּמְדַּד וְנִמְצָא חָסֵר, כָּל טָהֳרוֹת שֶׁנַּעֲשׂוּ עַל גַּבָּיו לְמַפְרֵעַ, בֵּין בִּרְשׁוּת הַיָּחִיד בֵּין בִּרְשׁוּת הָרַבִּים, טְמֵאוֹת. בַּמֶּה דְבָרִים אֲמוּרִים, בְּטֻמְאָה חֲמוּרָה. אֲבָל בְּטֻמְאָה קַלָּה, כְּגוֹן אָכַל אֳכָלִים טְמֵאִים, וְשָׁתָה מַשְׁקִין טְמֵאִים, בָּא רֹאשׁוֹ וְרֻבּוֹ בְּמַיִם שְׁאוּבִים, אוֹ שֶׁנָּפְלוּ עַל רֹאשׁוֹ וְעַל רֻבּוֹ שְׁלשָׁה לֻגִּין מַיִם שְׁאוּבִין, וְיָרַד לִטְבֹּל, סָפֵק טָבַל סָפֵק לֹא טָבַל, אֲפִלּוּ טָבַל, סָפֵק יֶשׁ בּוֹ אַרְבָּעִים סְאָה סָפֵק אֵין בּוֹ. שְׁנֵי מִקְוָאוֹת, אֶחָד יֶשׁ בּוֹ אַרְבָּעִים סְאָה, וְאֶחָד שֶׁאֵין בּוֹ, טָבַל בְּאַחַד מֵהֶן וְאֵינוֹ יוֹדֵעַ בְּאֵיזֶה מֵהֶן טָבַל, סְפֵקוֹ טָהוֹר. רַבִּי יוֹסֵי מְטַמֵּא, שֶׁרַבִּי יוֹסֵי אוֹמֵר, כָּל דָּבָר שֶׁהוּא בְחֶזְקַת טֻמְאָה, לְעוֹלָם הוּא בִפְסוּלוֹ, עַד שֶׁיִּוָּדַע שֶׁטָּהַר. אֲבָל סְפֵקוֹ לִטָּמֵא וּלְטַמֵּא, טָהוֹר:

A mikveh which was measured and found to be lacking [the required forty se'ah of water], all purifications which were made upon it, whether in a private domain or in a public domain, are retroactively impure. To what [cases] does this apply? To a severe impurity [i.e something that was rendered impure by an Origin of impurity]. But with a light impurity, such as one who ate impure foods, or drank impure drinks, or one whose head and the majority of his body entered into drawn waters, or if three log [a specific measure of volume] of drawn water fell on one's head and the majority of one's body and one then went down to immerse; [in such a cases,] if there is an uncertainty as to whether he immersed or not, or even if he immersed, if there is an uncertainty as to whether it contained forty se'ah in it or it did not, or if there were two mikva'ot, one with forty se'ah in it and one without, and he immersed in one of them but does not know in which one he immersed, [in such cases,] its uncertainty is pure [i.e. the cases are uncertain and resolved as pure]. Rabbi Yose considers it impure, as Rabbi Yose says: Everything which has a presumption of impurity remains forever in its invalid state, until it becomes known that it was purified. But its uncertainty [regarding its ability] to become impure or to render [something else] impure, is pure [i.e. such cases are uncertain and resolved as pure].

Jerusalem Talmud Eruvin

There, we have stated¹²¹Mishnah Miqwaot 2:2. The Mishnah states that if a person was impure by biblical standards he can be purified only by immersion in a miqweh which is unquestionably valid. But if his impurity is rabbinic, immersion in a miqweh will purify him unless the miqweh is unquestionably invalid. R. Yose disagrees and holds that the principle of permanence of the status quo ante also applies to rabbinic impurity and the miqweh must be unquestionably valid.: “If there is a doubt, it is pure; Rebbi Yose declares it impure.” Rebbi Jonah said, Rebbi Yose declared it impure only because of proof¹²²If there are a group of items, the status of one is certain but that of the others is uncertain, one may assume that the other items share the status of the certain one unless proven otherwise (cf. Demay 2:1 2^nd of paragraph; Terumot 4:8 Note 83.) The Mishnah quotes the case that there be two miqwaot, one of them known to be invalid, while the other might be valid. If the person does not know in which of the two he immersed, R. Yose holds that it must have been the invalid one.. And Rebbi Jonah said, Rebbi Yose declares impure even (one place) [one miqweh]¹²³The text in parentheses is from L, that in brackets from G. The preceding argument is rejected, R. Yose applies the principle of permanence of the status quo ante even if nothing is certain and there is only one item.. The argument of Rebbi Yose seems inverted, as we have stated: “Rebbi Yose said, Autolas¹⁷In other sources the name is אבטולמוס (Ptolemaios). testified in the name of five Elders that in case of a doubt an eruv is qualified¹⁸Since the eruv is a rabbinic institution to allow carrying in or walking to places biblically permitted, in cases of doubt one has to permit..” And here you are saying so? There in his own name, but here in the name of five Elders. They wanted to say that he who says there “pure” says here “permitted”; he who says there “impure” says here “prohibited”. But even he who says there “impure” agrees here that it is permitted¹²⁴The two cases cannot be compared. The rules of impurity are biblical even if they are extended to cover cases of only rabbinic impurity. The rules of eruv are all rabbinic.. Rebbi Ḥinena said, do they not only disagree about their words? And a doubt about their words is for leniency¹²⁵He holds the opposite view. The Mishnah Miqwaot clearly distinguishes between biblical and rabbinic impurity and decrees leniency only for rabbinic cases; for him the rules of eruv teḥumim are all biblical; only eruv ḥaṣerot is rabbinical.. But an eruv is a word of Torah; and a doubt about a word of the Torah is for restriction¹²⁶A generally recognized principle, cf. Ketubot 1:1 Note 21. But is eruv a word of the Torah? Rebbi Jonathan said before the Elder Rebbi Ḥiyya in the name of Rebbi Simeon ben Rebbi Yose ben Laqonia: One whips because of Sabbath domains as word of the Torah¹²⁷Babli 17b. This proves at least that leaving one’s Sabbath domain is a biblical violation.. Rebbi Ḥiyya the Elder said to him, but for Sabbath there is only stoning or extirpation¹²⁸A Sabbath violation of one of the 39 forbidden categories of work is punishable by stoning if there are witnesses or divine extirpation otherwise. We do not find flogging as punishment for any Sabbath violation.? He said to him, is there not written¹²⁹Ex. 12:9., do not eat from it raw? He said to him, is there written לֹא? No, it is written אַל! He said to him, is there not written¹³⁰Ex. 16:29. Even though this is the sequence of the sentences also in G, it is clear that the order has to be inverted. R. Jonathan first quoted Ex. 16:29 as proof that leaving one’s domain on the Sabbath is a biblical violation. Since no punishment is stated, the standard sanction of flogging applies. To this R. Ḥiyya replies that the standard sanction applies only to prohibitions introduced by לֹא, not to admonitions formulated with אַל. R. Jonathan retorts that this explanation is impossible since eating the Passover sacrifice raw is a punishable transgression forbidden by אַל., stay everybody where he is, no person shall leave his place on the Seventh day? He said to him, is there written לֹא? No, it is written אַל. Rebbi ben Rebbi Abun said, nevertheless each one kept to his tradition¹³¹It is unresolved whether leaving one’s domain on the Sabbath is a transgression punishable in court. But the institution of eruv certainly is a rabbinic interpretation of the rules.. Rebbi Samuel bar Sosarta said, they treated eruv as a doubt involving a deaf-mute person¹³²In the interpretation of biblical prohibitions, matters of doubt are treated differently when a person is involved who can be interrogated about the situation. Then the rules of resolution of doubts can be invoked only after the facts have been investigated. But if the person involved is deaf mute and unable to communicate by sign language the rules are applied immediately.. Rebbi Jeremiah asked, so far if it exists, or even if it was burned¹³³The preceding makes sense if the eruv still exists. But if it was burned (as mentioned in the Mishnah) it should be impossible to invoke a principle of permanence of the status quo ante.? Rebbi Yose said, I confirmed this following what Rebbi¹³⁴This is the text of L which probably is correct. In G: Rav. Hoshaia said: You must conclude that the boundaries of Sabbath domains are not clear in the words of the Torah. Rebbi Mana asked, it is accepted that 2’000 cubits is not clear¹³⁵The 2’000 cubits counted from the city walls are in imitation of the suburban space allotted to the levitic cities (Num. 35:5) where the Sabbath is not mentioned. The measure therefore has only rabbinic status. Babli 36a, Beṣah 36b. The Sadducee Damascus Document (CD A x) accepts a limit of 1’000 cubits (Num. 35:4) for humans and 2’000 cubits for animals (CD A xi) as biblical.. Are 4’000 cubits not clear? Rebbi Simeon bar Carsana in the name of Rebbi Aḥa: The only clear case among all of them is the domain of twelve mil of the camp of Israel¹³⁶This is the general tradition that the diameter of the encampment of the Israelites as described in Num. 2 was 3 parsah (12 mil or 90 itinerant stadia): Ševiˋit 6:1 (Note 28), copied in Gittin 1:2 (Note 94), Babli Berakhot 54b, Eruvin 53b, Yoma 75b..

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