פירוש על טהרות 6:14

מקום שהיה רשות היחיד ונעשה רשות הרבים – as, for example a valley, plane, that in the rainy season it is the private domain, and in the days of summer heat it is the public domain.

A place that was a private domain and then became a public domain and then was turned again into a private domain: while it is a private domain any condition of doubt arising in it is unclean but while it is a public domain any condition of doubt arising in it is deemed clean. The mishnah discusses a place that was essentially a private domain and then many people passed through it, causing it to become a public domain temporarily. Basically, if a situation of doubtful impurity arises, the place is judged as it is at the moment when the doubt arises. If the doubt arises when it is a private domain, the rule is strict, as it always is in a private domain. But there is room to be lenient if the doubt arises in a public domain.

המסוכן – a person who fainted/swooned and it is not known from him if he is living or dead.

If a man who was dangerously ill in a private domain was taken out into a public domain and then brought back into a private domain, while he is in the private domain any condition of doubt arising through him is deemed unclean but while he is in the public domain any condition of doubt arising through him is deemed clean. Rabbi Shimon says: the public domain causes a break. This is a similar rule with regard to a person who is dangerously ill and about to die. He begins in a private domain, others then take him out, assumedly on a stretcher and he passes through a public domain and then he goes back into a private domain. If he is found dead in the public domain, then only the things that are with him in the public domain are impure. We don't assume that he died in the first private domain because when a doubt occurs in a public domain, the doubt remains pure. However, if he is found dead in the second private domain then anything that was with him in the first private domain is also considered impure. This is because we apply the normal rule any case of doubt that arises in the private domain is impure. The doubt here is whether he was dead when he went through the first private domain. Rabbi Shimon rules that the public domain interrupts because we can't say he was dead in the first private domain, alive in the public domain and then dead again in the second private domain. Since we treat the things that were with him in the public domain as pure, then we are in essence saying he must have died in the second private domain. Only the things found there are impure.

והחזירוהו לרה"י – and there they saw him that he died.

כשהוא ברה"י ספיקו טמא – and we declare him impure, from doubt every person and vessels that were with him in the private domain when he was there at first. But people and vessels that were with him in the public domain after they removed him from the private domain are ritually pure. For it is manner of doubtful defilement in the public domain and his manner of doubt is ritually pure.

ר' שמעון אומר רשות הרבים מפסקת (the public domain intervenes) – since we consider him as living after they removed him from the private domain to the public domain, and we declare ritually pure vessels and people that were with him in the public domain for perhaps he is alive, how can we consider him dead retroactively before he left from the private domain, by force we are not able to defile from doubt a person or vessels that were with him in the private domain originally, since the public domain that they eventually took him out there intervenes and you must consider him as living and purify a person and vessels that were with him. But the Halakha is not according to Rabbi Shimon.

הטמא עומד – a leper stands underneath the tent or underneath the tree.

There are four cases of doubt which Rabbi Joshua ruled are unclean and the sages rule are clean.
How so? If an unclean man stood and a clean man passed by or the clean man stood and the unclean one passed by; or if an unclean object was in a private domain and a clean one in the public domain or the clean object was in the private domain and the unclean one in the public domain, and there is doubt whether there was contact or not, or whether there was overshadowing or not, or whether there was shifting or not: Rabbi Joshua rules that the clean becomes unclean, But the sages rule that the clean remains clean.
There are four cases here:
1) An unclean man is standing and a clean man passes by him and he may have been defiled by contact, overshadowing or shifting.
2) The same situation but the clean man is standing and the unclean one is moving.
3) There is an unclean object in the private domain and an clean one in the public domain and the clean one may have had contact with the unclean one.
4) The same situation but the positions are reversed.
Rabbi Joshua says that since at least one of the elements was in the private domain, the doubt is impure.
The other sages say that for impurity to occur both elements have to be in the same situation within the private domain both must be moving or both must be standing. Since in all of these cases one element is either not in the private domain or one element is moving and the other standing, there is no impurity.

וטהור עובר – on the path there, it is doubtful if he touched [the impure leper] or didn’t touch, or it is doubtful if the tent overshadowed him or the tree [overshadowed] over both of them and the ritually pure person was defiled, [and] it is doubtful if it didn’t overshadow and he wasn’t defiled. Or the ritually pure person was standing and the leper was passing. Another explanation, as for example, the creeping animal is in the mouth of the weasel or the carrion in the mouth of the dog passed between the ritually pure individuals or the ritually pure individuals passed between them, the Sages declare ritually pure if there is doubt if he touched or a doubt that he didn’t touch, because the defilement doesn’t have a place, as is taught above in the Chapter "הזורק טומאה" /He who throws defilement [Tractate Taharot, Chapter 4, Mishnah 3] (see also Tractate Negaim, Chapter 13, Mishnah 7). But according to this explanation, if he doubtfully overshadowed or doubtfully did not overshadow, it is impossible to establish to this first clause [of the Mishnah] that the impure person is standing and the ritually pure person is passing by, for regarding the defilement of a tent, there is no distinction between whether there is a place for defilement or whether there isn’t place for defilement, as we proved above in the chapter "הזורק טומאה"/He who throws defilement (Tractate Negaim, Chapter 13, Mishnah 7).

טומאה ברה"י וטהרה ברה"ר – as for example, a store that is open to the public domain, it is doubtful whether he entered or whether he didn’t enter.

ר' יהושע מטמא – for he holds that doubtfully in the private domain and many are engaged with him, we follow after the private domain and his manner of doubt is ritually impure. But the Rabbis hold that we follow after the public domain and his manner of doubt is ritually pure. But the Halakha is not according to Rabbi Yehoshua.

עלה לראשו – [he ascended] to the top of the tree, which is considered the private domain.

If a tree standing in a public domain had within it an object of uncleanness and a man climbed to the top of it, and a doubt arose as to whether he did or did not touch the object of uncleanness, such a condition of doubt is unclean. The top of the tree is considered a private domain and therefore a case of doubtful impurity that occurs there is ruled unclean.

הכניס ידו לחור שיש בו טומאה – the hole is considered the private domain, and even though the person is standing in the public domain, since he put his hand into the hole, it is like he is standing in the private domain. But although the tree and the hole were not the private domain regarding Sabbath [law], they are the private domain regarding ritual defilement.

If one put his hand into a hole [in the wall] in which there was an object of uncleanness and there is doubt whether he did or did not touch it, such a condition of doubt is unclean. Similarly, the hole is considered to be a private domain.

חנות שהוא טמא ופתוח לרה"ר – it would the entirety of all of the store is like the defilement that is placed in the public domain, and just as if there was a creeping animal in the public domain, it is doubtful if he touched it, doubtful if he didn’t touch it, his manner of doubt of ritually pure, here also, if he doubtfully entered into this store or doubtfully didn’t enter into it, his manner of doubt is ritually pure. But if there were two stores, one ritually pure and one ritually impure, it is doubtful whether he entered into the impure store or whether he entered into the ritually pure one, his manner of doubt is ritually impure, for it would be him a doubtful defilement in the private domain.

If a shop that was unclean was open toward a public domain and there is doubt whether a man did or did not enter it, such a condition of doubt is clean. Although the shop is a private domain, the doubt actually arose in the public domain we don't Therefore, he is pure.

If there is doubt whether he did or did not touch anything, such a condition of doubt is deemed clean. Same as section three, except here he may have touched something impure in the store.

If there were two shops, the one unclean and the other clean, and a man entered into one of them, and a doubt arose as to whether he entered the unclean, or the clean one, such a condition of doubt is deemed unclean. In this case he knows he went into one of the stores, both of which are private domains. Therefore, the doubt is which private domain he went into. Since the doubt occurred in a private domain, he is impure.

ספק ביאה טהור – because we require something similar to the woman accused of being unfaithful to her husband (i.e., Sotah), for certainly she keeps it secret, but rather if he doubtfully touched it, or doubtful did not touch [the defiling agent], for we don’t know if she was defiled, and the All-Merciful calls her defiled, as it is written (Numbers 5:13): “and she keeps secret the fact that she has defiled herself,” but a case of doubt concerning entry is considered ritually pure.

Introduction This mishnah demonstrates that the general rule that conditions of doubt in the private domain are unclean and in the public domain are clean remains stable, no matter how many doubts about the uncleanness there are.

However many doubts and doubts about doubts that you can multiply, a condition of doubt in a private domain is unclean, and in a public domain it is deemed clean. This is the general principle that will be illustrated in the continuation of the mishnah.

How so? If a man entered an alley and an unclean object was in the courtyard, and a doubt arose as to whether he entered or did not enter [the courtyard]; Or if an object of uncleanness was in a house and there is doubt whether he entered or not; This is the first doubt he is not sure if he even went into the courtyard, or he is not sure whether he entered the house.

Or even if he entered, there is doubt whether the uncleanness was there or not; This is the second level of doubt even if he entered he is not sure if the potential source uncleanness was even there.

Or even if it was there, there is doubt whether it consisted of the prescribed minimum or not; Third level of doubt even if it was there, he is not sure if it was large enough to defile.

Or even if it consisted of the prescribed minimum, there is doubt whether it was unclean or clean; Fourth doubt even if it was there, and it was large enough, he is not sure if it was even unclean.

Or even if it was unclean, there is doubt whether he touched it or not; Fifth doubt even if he went in, he is not sure if he touched it.

Any such condition of doubt is deemed unclean. In all of these cases, despite the fact that there is a multiplicity of doubts, since the doubt occurred in the private domain, he is unclean.

Rabbi Eliezer says: if there is a doubt whether he entered, he is clean, but if there is a doubt whether he touched it, he is unclean. Rabbi Eliezer says if he is not sure whether he even went in, then he is clean. Evidently, Rabbi Eliezer does not consider this to be a case of doubtful impurity in the private domain, because he is not sure if he even entered the private domain. However, if he knows he went in but is just not sure if he touched the source of impurity, then he is impure because this is a case of doubtful impurity in the private domain.

בקעה – fields belonging to many people, and in the rainy reason when they are plowed and sown, it has the law of being the private domain, because people are careful from walking on the seeds so that they don’t become destroyed.

If a man entered a valley in the rainy season and there was an uncleanness in a certain field, and he stated, "I went into that place but I do not know whether I entered that field or not: Rabbi Eliezer rules that he is clean; But the sages rule that he is unclean. In mishnah seven below, we will learn that during the rainy months, a field in the valley is a private domain. Therefore, we again have a case where a person is not sure whether he entered a private domain. Rabbi Eliezer considers this a case of doubtful entrance, and as we learned in yesterday's mishnah, in such cases Rabbi Eliezer rules that he is clean. The other sages rule more strictly and deem him to be unclean.

ר' אלעזר מטהר – for this is for him doubtful entry, and not all valleys are considered like one field, because the fields are divided with their narrow boundaries.

עד שיאמר לא נגעתי – not exactly that he would say it is evident to me that I did not touch it, and the same law applies where there is a matter to compare to him that he didn’t touch it.

A condition of doubt in a private domain is unclean unless he says, "I did not touch the unclean thing." A condition of doubt in a public domain is clean unless he can say, "I did touch the unclean thing." In the private domain there is a presumption of uncleanness. To override that he must be able to say with certainty that he did not touch the source of uncleanness. Similarly, in the public domain there is a presumption of cleanness. He is unclean only if he knows for certain that he touched the source of uncleanness.

שבילי בית גלגול (pathways of a field full of hills and depressions) – a round place that ascends and descends, and most of the people are not able to walk on these pathways.

What is regarded as a public domain? The paths of Bet Gilgul and similar places are regarded as a private domain in respect of the laws of Shabbat, and a public domain in respect of those of uncleanness. Rabbi Eliezer says: they only mentioned the paths of Bet Gilgul because they are regarded as a private domain in both respects. The location of Bet Gilgul is uncertain. However, the Babylonian Talmud says that the paths there are narrow and sharply angled such that even a single person would have trouble running there with a pack on. The first opinion in our mishnah says that paths like this are considered to be private domains when it comes to Shabbat. This is relevant to the issue of carrying. We shold note that many commentators say that this is not a true private domain rather it is what is called a "karmelit." A "karmelit" is a zone that is not public because to be a public domain for Shabbat it must truly be a public thoroughfare. However, it is not truly a private domain. When it comes to issues of uncleanness, the area is considered a public domain, which will also result in a leniency. We can see that this opinion is in essence lenient in both directions. Rabbi Eliezer disagrees with the reason that the paths of Bet Gilgul were even mentioned in the earlier tradition. The earlier sages sited these paths to say that they were considered a private domain for both counts. We can see here that the background to our mishnah was some earlier halakhah that mentioned these paths. The sages and Rabbi Eliezer disagreed as to what was special about these paths.

רשות היחיד לשבת – it is not actually the private domain, but they are a Karmelit (an intermediate domain – between a private domain and a public domain – any open area larger than four square handbreadths that is not a public thoroughfare – including fields, seas, rivers, alleyways and lanes). But why call it a private domain? Because it is not the public domain, as will be taught in the Mishnah shortly, the valley during the dry season is the private domain regarding Shabbat, but it is not actually a private domain, but rather a Karmelit. But now all of these paths are taught in the Mishnah here are the public domain, we are speaking, for example, that they lack three [people] at the time that the doubt emerged, and even here, since many are found there, it is like the public domain. For if there are three [people] at the time that the doubt emerged regarding, even in the innermost of rooms, he is ritually pure, as we derive from the Sotah/the wife suspected of unfaithfulness towards her husband, it is a private domain, because there aren’t there other than two [people], the male initiating intercourse (i.e., the adulterer) and the woman having sexual intercourse.

Paths that open out towards cisterns, pits, caverns or wine-presses are regarded as a private domain in respect of the laws of Shabbat and as a public domain in respect of those of uncleanness. Paths that end on one side with a cistern, pit, cave or winepress are deemed as private domains with regard to the rules of Shabbat. However, when it comes to the rules of uncleanness, they are a public domain.

רשות הרבים לטומאה – for during the dry season many people are found and they go in it to reap and to thresh and to plow the ground, to seed it for the coming year.

A valley: in summer time is a private domain in respect of the laws of Shabbat, but as a public domain in respect of those of uncleanness; In the summer there are more people in the valley working the fields. Therefore, for matters of uncleanness it is considered a public domain. When it comes to Shabbat it is still a private domain, or, as we explained in yesterday's mishnah, at least not a public domain.

בימות הגשמים – that it is sown, a person doesn’t enter into it.

And in the rainy season it is regarded as a private domain in both respects. In the rainy season people can't work the land in the valleys. Therefore, it is not considered a public domain for either purpose.

בסילקי (basilica, a building with colonnades for holding courts, meeting place for merchants, exchange) – a large wide street/open place. And this is what we said in Chapter two of [Tractate] Yoma [folio 24b] the chamber of hewn stones was like a large basilica/building with colonnades for holding courts.

A basilica: is a private domain in respect of the laws of Shabbat but as a public domain in respect of those of uncleanness. A basilica is a large building through which many people pass. Probably something akin to city hall in our day. When it comes to Shabbat it is still a building and therefore it is considered a private domain. However, when it comes to the laws of uncleanness since so many people pass through and it is a public building, it is considered a public domain.

ורואה את הנכנסים ואת היוצאים- for when he sees those who enter and those who leave it is considered more a private domain. But the Halakha is not according to Rabbi Yehuda.

Rabbi Judah says: if one is standing at one door can see those that enter and leave at the other door, it is regarded as a private domain in both respects; otherwise it is regarded as a private domain in respect of Shabbat and as a public domain in respect of uncleanness. Rabbi Judah adds a criterion to the definition of when a basilica is a public or private domain. If it is small enough so that one standing at one door can see the other door, then it is a private domain. If it is larger than that, he agrees with the previous opinion.

הפרון (a building with a gateway leading from street to street/forum) – it is similar to a basilica. And it has two openings directly opposite each other.

A covered forum:: is a private domain in respect of Shabbat and a public domain in respect of the laws of uncleanness; I have translated the term that begins this mishnah, in Hebrew "paran," in accordance with most commentators explanation, who say it is similar to a basilica. The forum is considered a private domain for Shabbat, but since many people have access to it, it is a public domain for matters of uncleanness.

וכן הצדדין – from here and from there to the building with a gateway leading from street to street/forum. It is also considered the public domain, because many use those sides.

And so too the sides. Rabbi Meir says: the sides are regarded as a private domain in both respects. The sides of the forum are, according to the first opinion, treated the same way as is the forum itself. However, Rabbi Meir says that since people are not found as much on the sides, it is considered a private domain even for matters of impurity.

ר' מאיר אומר הצצדין רשות היחיד – the middle of the forum alone is made for many people to use and not the sides. But the Halakha is not according to Rabbi Meir.

And so too the sides. Rabbi Meir says: the sides are regarded as a private domain in both respects. The "colonnades" referred to here is a hall that is supported by columns and is open on multiple ends.

Colonnades: are a private domain in respect of Shabbat and a public domain in respect of the laws of uncleanness. A courtyard typically has one main entrance and would not be considered a public domain for any matter. But if people go in one door and then go out another door, it has become a public thoroughfare. In such a case it is not a public domain for the matter of Shabbat, but it is a public domain for matters of impurity.

האסטוונית (a system of colonnades, colonnade with double rows) – a narrow place like a cubit wide, four or five handbreadths high, standing in front of the stores where the merchants sit there.