פירוש על אהלות 7:8

הטומאה. שעל גבה -that are on top of the wall.

Introduction We have learned on several occasions that if a source of corpse impurity is found in a space that has one cubic handbreadth of open air, it is as if the impurity is trapped in a grave and it spreads upward and downward, defiling anything above it or below it. It also spreads to the sides. However, if it is trapped in a smaller space, the impurity does not spread to the sides and can only travel directly above and below.

טמאות – for the wall serves them, and the heads of he beams of the upper room are inserted/stuck in the wall and he wall is high and it is a partition for all of the upper rooms for this one is higher than that one. And especially when the place of defilement is a handbreadth by a handbreadth, for all of the wall is considered like a sealed grave and it brings the defilement to all of the upper rooms. But the wall is not judged half by half because it doesn’t have even a chip/split to the side of the upper room.

If there is uncleanness in a wall, in a space of one cubic handbreadth, all upper stories above it, even if there are ten of them, are unclean. If there is a space of one cubic handbreadth in a wall that serves multiple stories of a house, then the impurity found in it will rise and spread and it will defile everything found in all of the stories. However, if the space was less than a cubic handbreadth, the impurity rises and descends but only directly above or below it. It will not defile the entire contents of all of the upper stories, because the impurity will not spread to the sides.

עליה אחת בנויה על גבי שני בתים – [that this wall forms a partition between the two houses] and he upper room is built on top of both of them (i.e., the houses).

If there was a single upper story [built] over two houses, that one becomes unclean but all upper stories above it remain clean. In this case, the wall was built to support one large upper story that was built over two houses, which are also separated by the wall. Above that upper story are more stories. In this case, the impurity defiles the contents of the large story that is directly above the wall. However the ceiling of the first upper story blocks the impurity from continuing to defile the stories above.

היא טמאה – the first upper room, that this wall reaches until the concrete of stone chippings covering the ceiling of the lower story and serving as a flooring for the upper story but the defilement bursts forth and ascends in it.

[In a] beach- wall, uncleanness cleaves upwards and downward. The word that I have translated as "beach-wall" is obscure and Albeck even goes so far as to state that we don't really know what it means. Some commentators interpret it to mean "beach-wall" which is a wall of sand brought up by the sea. The impurity found in this wall cleaves upward and downward, but it doesn't spread to the sides since it is sealed into a space less than one cubic handbreadth.

וכל העליות שעל גבה טהורות – for the concrete of stone chippings covering the ceiling of the lower story and serving as flooring for the upper story/מעזיבה that is upon it interposes.

[With regard to] a solid tomb monument, a person who touches it from the side remains clean, since [its] uncleanness cleaves upwards and downwards. But if there was a [free] space of a cubic handbreadth in the place where the uncleanness was, a person touching it anywhere becomes unclean, because it is like a closed grave. The solid tomb monument is placed over a sealed grave. Since there is no free space in the monument, it seals up the impurity and it doesn't spread to the sides. It only spreads upwards and downwards. However, if there is a free space of a cubic handbreadth, then it is like the situation where the impurity is found in a closed grave. In such a situation the person need not be directly above the impurity to be defiled.

כותל השונית – a wall that is built in the place that sea reaches at the time that it continually stirs up.

If he supported sukkot on [the monument] they become unclean. Rabbi Judah declares them clean. This section refers back to the situation in the beginning of section four, where the monument was solid. According to the sages, if one uses this monument to support sukkot (booths, not necessarily for the Festival of Sukkot) then the booths are impure because they are like an ohel over the monument. Rabbi Judah says that since one who touches the monument from the side is pure, these sukkot are also pure.

טומאה בוקעת ועולה – if there is defilement underneath it, this wall does not defile all of its surroundings, because there is no cavity of a handbreadth.

נפש אטומה (a solid tomb-structure – to which there is no access) -a marker that they build on the grave to indicate the neighborhood of an unclean place, and that which is filled up is built upon the defilement itself but the corpse is not buried in bier in order that there will have a cavity of a handbreadth.

כקבר סתום – that defiles all of its surroundings through contact.

סמך לה סוכות – it refers to the solid tomb-structure/נפש אטומה referred to above, that we state that a person who comes in contact with it from the sides is ritually pure, but if he made for this marking put up to indicate the neighborhood of an unclean place Sukkot similar to a lintel, this Sukkah is impure, because it is similar to the tent of a corpse.

ור' יהודה מטהר – since it is from the sides. Bu the Halakha is not according to Rabbi Yehuda.

כל שפועי אהלים כאהלים – that if there was defilement underneath the slope even though it is not under the roof of the tent, it is impure, as if it was placed under the roof.

All sloping [parts] of ‘tents’ are reckoned like ‘tents.' When it comes to determining the laws of when something defiles in a tent, the sloping parts of tents are counted just as the straight and flat parts.

וכלה עד כאצבע (and finished off at one fingerbreadth) – from above to the side of the roof. That we aren’t concerned regarding a tent of defilement but rather that its inside will have the airspace like the measure of one cubic handbreadth squared.

A ‘tent’ [whose sides] sloped downwards and finished off one fingerbreadth [from the ground]: If there is uncleanness in the ‘tent’, vessels beneath the slope become unclean. If there is uncleanness beneath the slope, vessels in the ‘tent’ become unclean. The tent here as a sloping part and then finishes off one fingerbreadth away from the ground, such that the sides of the tent are only one fingerbreadth high. There is also a one fingerbreadth section that serves as a flat "roof." If there is a source of impurity under the flat roof part, it spreads to the vessels that are under the slope, even though there is only one cubic fingerbreadth in the space where the impurity is found. The same is true in the opposite situation if there is impurity in the sloping part it will defile anything that might be in the "roofed" part.

טומאה באוהל – the width of the roof that is not sloped is called a tent.

If there is uncleanness within, a person who touches [the tent] from the inside acquires a seven [days’] defilement, but from the outside, a defilement [lasting till] evening. If there is impurity within a tent, and someone touches the inside of the tent, then the person is defiled for seven days, as he would be if he touched any vessel that was within the tent. However, the impurity conveyed by the outside of the tent is lesser and he will be impure for only one day, until the evening.

הנוגע בו מתוכו וכו' – that the inner side of the tent and its outer side are considered like two vessels. But the side that is directed towards/opposite the defilement is like a vessel that comes in contact with the corpse itself, and the second side is like vessels that come in contact with vessels. Therefore, defilement that is within, a person who comes in contact/touches from the inside, has ritual impurity for seven days, for he is a person that touched vessels that came in contact with a corpse as it is taught in the Mishnah in the first chapter (see Tractate Ohalot, Chapter 1, Mishnah 3) that he has ritual impurity for seven days.

If there had been uncleanness outside, a person who touches the ‘tent’ from the outside acquires a seven [days’] defilement, but from the inside, a defilement [lasting till] evening. If there is impurity outside of a tent such that it defiles the tent, then one who touches the outside of the tent is impure for seven days. Again, this is similar to one who touches any vessel that has come into contact with the dead. But if he touches it from the inside, he is only impure until the evening.

אל הנוגע מאחוריו טמא טומאת ערב – as is taught in the Mishnah regarding vessels [that come in contact] with impure vessels are defiled with ritual impurity for seven days. The third, whether a person or vessels is unclean with defilement that passes in the evening (see Tractate Ohalot, Chapter 1, Mishnah 2). But regarding the defilement from the outside, it is the opposite, for the outer side is like vessels that come in contact with a corpse, and the inner side is like vessels that come in contact with [impure] vessels. And the reason that the is that the inner side and the outer side are considered like two vessels, for the defilement that is within it, because it protects from being the defilement bursting forth and ascending, it lacks the power/strength to defile the person who touches it outside a ritual impurity of seven days, for when the defilement that is outside, since it protects from becoming the defilement that breaks forth and descends, it lacks the strength/power for the inside to defile a person who comes in contact with it for a defilement of seven days. But anyway, the tent itself, whether inside or whether outside is impure a ritual impurity of seven days, for it is like vessels [coming in contact] with [unclean] vessels, and all of our Mishnah is speaking about after the corpse has departed from the tent.

If there was [a portion of uncleanness] the size of half an olive [touching it] from inside and half an olive from the outside, a person who touches [the ‘tent’] either from within or without acquires a defilement [lasting till] evening. There isn't a full-sized piece of impurity touching the tent on any one side, but rather there is half of a piece on each side. These two half-olive portions join to defile the tent, but there is a leniency, and no matter which side a person touches, he is impure only until the evening.

כחצי זית מתוכו וכחצי זית מאחוריו – Whichever way you turn, the tent is impure a defilement of seven days, for the half of an olive’s bulk that is inside combines with a half of an olive’s bulk from the outside. But a person who comes in contact/touches whether from the inside or from the outside, he has naught other than ritual impurity until nightfall, for since there isn’t an olive’s bulk in one place, it is impossible for each side to be considered other than vessels [coming into contact] with unclean vessels, therefore, the person who comes in contact is impure until nightfall.

If a part [of the ‘tent’ side] trailed along the ground, when there is uncleanness beneath or above [this part], the uncleanness cleaves upwards and downwards. If the sides of the tent drag on the ground and the impurity is found below this part of the tent, it doesn't spread to the sides, but only goes up and down. In other words, it is not inside the tent. If it is above the tent, it will only go up and down because there is nothing to block it. But it won't go to the sides because it is not inside a tent.

מקצתו מרודד על הארץ ((part of the tent canvas is flat on the ground) – after they explained the tent, they explained the overlapping excess of the curtains of the tent [that are spread] on the ground.

[In the case of] a ‘tent’ erected in an upper story, with a portion [of its side] trailing over the hatch between the house and the upper story: Rabbi Yose says it does protect. Rabbi Shimon says: it does not protect unless it put up in the usual manner of erecting tents. The tent is in the upper story and it slopes down and part of it drags over the hatch between the bottom floor and upper story. Rabbi Yose says that it serves as a barrier to prevent the impurity from entering the upper story. Rabbi Shimon says that since the tent is not set up properly, it does not offer protection. The impurity will break through and defile the contents of the upper story.

מרודד – it is the Aramaic translation of (Exodus 39:3): “They hammered out sheets of gold” – beaten, hammered metal.

טומאה תחתיו – the defilement that is under that beaten, hammered metal.

או על גביו – on top of the beaten, hammered metal.

בוקעת ועולה בוקעת ויורדת – and the tent is defiled. But a person who enters inside of it is ritually pure if he didn’t come in contact with it.

מקצתו – of the tent.

מרודד על ארובה שבית בית לעליה – and the defilement is in the house.

רבי יוסי אומר מציל – upon the upper chamber/room.

כנטיית אוהל -that the aperture in the roof looking to the ground floor is in the airspace of the tent, then it protects over the entire upper chamber that is outside of the tent.

כולן טמאים – all of the vessels that are lying underneath the lintel of the opening in the empty space of the openings from the outside, all are ritually impure, even though that the openings are locked, for the Sages decreed defilement/impurity on the place which is the path for the removal of the defilement, for ultimately the corpse will leave through that path.

Introduction A dead body that is found in a house will eventually be removed, and when it is it will defile the exit through which it is removed. The rabbis move this defilement up and consider any potential exit for the dead body to already be impure, even before the body is removed. However, there are cases in which the exit is not impure because the dead body will not be taken out through there.

חשב להוציאו באחד מהן – even though it was not opened.

If a corpse is in a house in which there are many doors, they all become unclean. Since the corpse may be removed through any of the doors of the house, even if they are all locked, the area of the entrance of all of them is defiled immediately. Practically this means that if any vessels are in that space, they are defiled.

או בחלון שיש בו ארבעה – that through this the Sages estimated that it is appropriate for the removal of the corpse.

If one of them was opened, that one becomes unclean but all the rest remain clean. If there are several doors, and one of them is open and the others are locked, then only that entrance is impure because the corpse will almost certainly be taken out that way.

הציל על כל הפתחים – that are locked.

If he intended to carry out the corpse through one of them or through a window of four hand breadths square, he protects all the other doors. Bet Shammai says: the intention must have been formed before the person died. Bet Hillel say: even after he died. If he intends to take the corpse out through one of the doorways, the other doors are not defiled. There is an interesting debate between Bet Shammai and Bet Hillel concerning this intention that protects the other doors from being defiled. Bet Shammai says that one must have the intention before the person dies. Once the person dies and he has not yet decided which doorway to use to remove the body, all of the entrances are automatically defiled. Bet Hillel seems to say that even if he decides to take the dead body out through one of the doorways after the person dies, the other doorways are saved from being defiled.

יחשוב עד שלא ימות המת – that from when the designation of defilement descended to the openings through the death of the corpse, it further does not ascend from them through intention but rather through action, such as when it is opened.

If [a door] was blocked up and it was decided to open it: Bet Shammai says: [it is effective] as soon he opens a [a space] four handbreadths square. Bet Hillel says: as soon as [the process] has begun. In this case one of the doorways is blocked up with stones and the others are locked. It is not sufficient just to think about taking the body out of one of the doorways, as it was if the doors were merely locked. Since this doorway is blocked up with stones, he must actually do something to the entrance for it to protect the other entrances from being defiled. Bet Shammai says that he must open up a hole that is at least four square handbreadths. Such a hole seems to be large enough to remove a (rather small) corpse. Bet Hillel is more lenient. Once he begins to cut out a hole, he has revealed his intention to remove the body through that door, and all of the other doors are pure.

ובית הלל אומרים אף משמת – for intention releases the designation of defilement from the openings from here and onwards. But vessels that were in the openings prior to the intention, the School of Hillel agrees that they are impure.

They agree, however, that when making an opening for the first time, four handbreadths must be opened up. If there was no door there in the first place, and one is making a new hole in a house through which to take out a corpse, Bet Hillel agrees with Bet Shammai that he must open up four handbreadths for it to protect the other doors. Since this is a new door, he must exhibit a greater demonstration of intention for it to be clear that he will take the corpse out through the new exit and not through one of the other doors.

היה – one of the openings was blocked up with stones.

סתום – with stones.

כשיפתח ד' טפחים – the rest of the openings were protected.

כשיתחיל – to open them, the remainder of the openings were protected.

בפותח תחלה – as for example a wall that lacks an opening and one comes to make a new opening, the other openings are not protected until he opens it four [handbreadths] by four [handbreadths].

והוציאוה מבית לבית – and in the second house she gave birth to a dead offspring, but it is doubtful to us if [the offspring came out dead from first house].

Introduction Today's mishnah deals with a woman who gives birth to a stillborn, but while doing so moves from house to house. The question is: when do we consider her womb to have opened such that the fetus would defile the contents of the house?

בשמן שהיא ניטלת בגפים (at the time that she is carried by her arms- put around the neck of her supporters) – that her colleagues/friends take it with her arms for she is not able to walk, we are concerned that the offspring came out dead from the first house.

If a woman was having great difficulty giving birth and they carried her out from one house to another, the first house is doubtfully unclean and the second is certainly unclean. The first house is only doubtfully impure, because we don't know if the woman's womb "opened up" there such that the stillborn could defile the house. The second house is certainly impure because that is where she gave birth.

הקבר – the womb of the woman that was opened when the offspring leaves it.

Rabbi Judah said: When is this so? When she is carried out [supported] by the armpits, but if she was able to walk, the first house remains clean, for after the "tomb" has been opened there is no possibility of walking, Rabbi Judah says that if she was able to walk out of the first house on her own, then the first house is certainly not impure because a woman whose womb has opened up cannot walk on her own. The first house is impure only if she was helped out by being carried by the armpits. The mishnah calls the womb a "tomb" probably because in this case, the fetus died there.

אין לנפלים פתיחת הקבר וכו' – this is the conclusion of the matter of Rabbi Yehuda. And this is what he said: that which we said that when the womb opened, there is no time to walk we didn’t say this other than regarding a non-viable birth until the fetus is (on leaving the vagina) forms a round head like a coil, meaning to say that he has a large round head like this spindle that the women sew on it a thread of warp/longitudinal direction, but if the non-viable birth/fetus did not have a round head like a coil but rather smaller than this, even though the womb was opened and the head of the fetus exited outside, she has time to walk and we are concerned lest his head came out from the first house. And the Halakha is according to Rabbi Yehuda.

For stillborn children are not [deemed to have] opened the "tomb" until they present a head rounded like a spindle-knob. This section is usually explained as the continuation of Rabbi Judah's words. When he said that once the womb (tomb) has been opened a woman cannot walk, that is only the case if the head is round like a spindle-knob. But if the head is smaller, then a woman might be able to walk around even after the womb-tomb has been opened. In such a case, even if she walked from one house to the other, we would have to be concerned lest the first house is also defiled.

יצא האשון מת – the first fetus came out dead and the second fetus came out alive.

Introduction Our mishnah deals with a woman who gives birth to twins, one alive and one a stillborn. The question is: does the stillborn defile the live child?

טהור – the second living [fetus] is [pure] from defilement through contact with a corpse. If they removed the dead [fetus] from the house prior to the second birth, that while it was still in the womb of its mother, it is not defiled, even though the womb was opened, for a pure object that has been swallowed does not defile.

If [at the birth of twins] the first came out dead and the second came out alive, the [live one] is clean. If a woman gives birth to twins and the first comes out dead, the second is pure because before the womb was opened, the dead fetus does not convey impurity. The live child was not made impure in the womb. [Note that they would have had to remove the stillborn from the house before the second child was born, otherwise the live child would be defiled by being in the same house as the dead child.]

הראשון חי והשני מת טמא – and even though they removed the living [first child] from the house prior to the birth of the dead [second child], for since the live child came out, the womb was opened and became defiled immediately, for the defilement leaves at the en

If the first was alive and the second dead, the [live child] is unclean. If the first was alive, and then the dead child was born, the live child is impure because once the womb has been opened, the dead child defiles things outside of the womb. Thus as soon as the first child is born, it is immediately defiled.

בשפיר אחד טמא – meaning to say, if both of them came out similar to one membrane (i.e., sack of a fetus), that they came out at the same time, it is impure. שפיר/sack of a fetus is the placenta that the fetus is placed on.

Rabbi Meir says: if they were in one sac, [the live child] is unclean, but if there were two sacs, it remains clean. Rabbi Meir qualifies the halakhah in section two. It is only correct if both children were in one sac, because in that case, when the womb for the live child has opened, the womb for the stillborn has also opened. But if the two children are in different sacs, then the first child remains clean because the dead child is still sealed in the womb when the first child is born alive.

בשני שפירין- meaning to say, similar to two membranes one after the other, even if the first is alive and the second is dead. טהור – for Rabbi Meir holds that even though the womb was opened, it doesn’t defile until it (i.e., the fetus) exists to the airspace of the world. But the Halakha is not according to Rabbi Meir.

יצא רובו – of the offspring/child. But once most of his head departs [the womb) which when his forehead exits (see Tracate Niddah 3b), we don’t touch him.

Introduction This (very well-known) mishnah discusses whether it is permissible to abort a fetus in order to save the life of the mother. I should note that this mishnah is the foundation for all Jewish discussion of abortion. Since this is such a controversial and complex issue, I do not think that this is the right forum for a comprehensive discussion (there are many teshuvot on the topic, many of which can be found on the web). We shall stick with the simple meaning of the mishnah.

שאין דוחים נפש -the offspring/child.

If a woman is having trouble giving birth, they cut up the child in her womb and brings it forth limb by limb, because her life comes before the life of [the child]. While still in the womb, the fetus's life does not take precedence over the mother's. Indeed, one might not even go so far as to call it a "life." Therefore, the doctors/midwives may cut the fetus up in order to save the life of the mother.

But if the greater part has come out, one may not touch it, for one may not set aside one person's life for that of another. However, once most of the child has emerged, it is forbidden to do anything to harm the child because it is forbidden to take one life in order to save another. The child is considered to be a "life" once most of it has emerged from the womb.

מפני נפש – the woman (i.e., the mother).