Comentario sobre Tohorot 5:5
שְׁנֵי שְׁבִילִין, אֶחָד טָמֵא וְאֶחָד טָהוֹר, הָלַךְ בְּאַחַד מֵהֶן וְעָשָׂה טָהֳרוֹת, וּבָא חֲבֵרוֹ וְהָלַךְ בַּשֵּׁנִי וְעָשָׂה טָהֳרוֹת, רַבִּי יְהוּדָה אוֹמֵר, אִם נִשְׁאֲלוּ זֶה בִפְנֵי עַצְמוֹ וְזֶה בִפְנֵי עַצְמוֹ, טְהוֹרִין. וְאִם נִשְׁאֲלוּ שְׁנֵיהֶם כְּאֶחָד, טְמֵאִים. רַבִּי יוֹסֵי אוֹמֵר, בֵּין כָּךְ וּבֵין כָּךְ, טְמֵאִים:
Dos caminos, uno impuro y otro puro, si alguien caminó por uno de ellos y luego preparó cosas puras, y luego su compañero vino y caminó por el segundo y preparó cosas puras, el rabino Yehuda dice: Si cada uno de ellos preguntara individualmente [ con respecto a su propio estado de pureza], ambos son puros, pero si investigaron juntos, son impuros. El rabino Yose dice: en cualquier caso son impuros.
Bartenura on Mishnah Tahorot
אם נשאלו – each of by the Sages on his manner of doubt by himself, no Jewish court is able to defile them, for we hold that regarding a manner of doubt in the public domain, his manner of doubt is ritually pure, but if they came at one time, since that with one decision we are able to say, “you [both] are ritually impure or “you are [both] ritually impure, it is impossible for us to say “you [both] are ritually pure” since one is definitely impure.
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English Explanation of Mishnah Tahorot
If there were two paths, the one unclean and the other clean, and a man walked by one of them and then prepared clean food, and subsequently another man came and walked by the second path and then prepared clean foods: The difference between this case and that in the previous two mishnayot is that here we have two people, one of whom is definitely impure. The food prepared by one of them must be impure, although the other food must be pure.
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Bartenura on Mishnah Tahorot
ר' יוסי אומר בין כך ובין כך טמאין – Rabbi Yossi and Rabbi Yehuda did not disagree when they came to be interrogated at the same time, for everyone states that they are ritually impure. But when they came to be interrogated one after another, everyone states that they are ritually pure. On what did they disagree? One when one comes to be interrogated him and on his fellow, for Rabbi Yehuda compares this to one coming after the other, whereas Rabbi Yossi comes it to simultaneously. And the Halakha is according to Rabbi Yossi.
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English Explanation of Mishnah Tahorot
Rabbi Judah rules: if each by himself asked for a ruling they are both to be declared clean. But if they asked for a ruling simultaneously, both are to be declared unclean. Rabbi Judah says that if each asked a sage for a ruling individually, then each is considered separately and all of the food is pure. This is because we invoke the normal rule, that cases of doubtful impurity are pure. However, if both ask together then we must treat this as if one person walked down both paths without immersing in between. One must be impure, and therefore both are regarded as impure.
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English Explanation of Mishnah Tahorot
Rabbi Yose ruled: in either case they are both unclean. Rabbi Yose rules more stringently and says that since one is definitely unclean, both must be treated as unclean.
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