Comentário sobre Ohalot 3:12
Bartenura on Mishnah Oholot
כל מטמאין באוהל – that are stated above at the beginning of chapter two [Mishnah 1].
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English Explanation of Mishnah Oholot
All objects that defile by overshadowing which were divided and then brought into a house: Rabbi Dosa ben Harkinas declares clean. But the sages declare [it] unclean. According to Rabbi Dosa ben Harkinas, if two of the defiling agents listed in 2:1 are found in an ohel but there is only half of a measure of each, they do not join together to create the necessary amount to defile. The other sages disagree and say that they do join together to defile.
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Bartenura on Mishnah Oholot
שנחלקו – their measurements [were divided] in half.
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English Explanation of Mishnah Oholot
What is the case? One who touches two pieces of nevelah, each the size of half an olive, or carries them, Or, in the case of a corpse, if he touches a piece the size of half an olive and overshadows [another piece] the size of half an olive, Or if he touches [a piece] the size of half an olive and [another piece] the size of half an olive overshadows him, Or if he overshadows two [pieces, each] the size of half an olive, Or if he overshadows [a piece] the size of half an olive and [another piece] the size of half an olive overshadows him: Rabbi Dosa ben Harkinas declares him clean, And the sages declare him unclean. This section now explains in what exact case Rabbi Dosa ben Harkinas and the sages disagree. We should note that according to the opinion voiced here the debate exists not only in connection with defiling in a tent, but carrying and touching as well. A) He touches or carries two pieces of nevelah (the meat of an animal that was not slaughtered in a kosher fashion). Nevelah does not defile through overshadowing. B) One hand has contact with half of a measure of a piece of corpse and the other hand overshadows half of a measure. C) One hand has contact, and the other piece of corpse is stuck, for instance, in a wall, and it overshadows him. D) He overshadows two pieces of half of an olive's size of corpse. E) He overshadows one piece, and another piece overshadows him. In all of these cases, the sages and Rabbi Dosa ben Harkinas disagree.
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English Explanation of Mishnah Oholot
But if he touches [a piece] the size of half an olive and another object overshadows him and [another piece] the size of half an olive, Or if he overshadows [a piece] the size of half an olive and another object overshadows him and [another piece] the size of half an olive, he is clean. According to the first opinion, the sages agree in the following two cases that the person is pure. In the first case, he touches a half of an olive's size piece of corpse and at the same time something overshadows him and another half of a piece of corpse. In the second case, he overshadows half of a piece of corpse, and something overshadows him and another half of a piece of corpse. The rabbis say that he is pure in these cases. The rabbis hold that when one overshadows a piece of corpse or a piece of corpse overshadows him it is as if he had touched the piece, because the impurity travels up or down within an ohel. This means that in these two cases touching and overshadowing are in the same category or cause of impurity. However, if something overshadows him and a piece of corpse, it is not the same as contact with the corpse, and therefore there are two different causes of impurity overshadowing and contact. As we learn below, two different causes do not join together to add up to a full measure of impurity.
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Bartenura on Mishnah Oholot
לתוך הבית – that is within one tent.
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English Explanation of Mishnah Oholot
Rabbi Meir says: Even here Rabbi Dosa ben Harkinas declares him clean and the sages declare him unclean. Every [case] is unclean except [a case of] contact [combined] with carriage or of carriage [combined] with overshadowing. Rabbi Meir says that in these cases too, the rabbis hold that the two types of impurity can be joined. Ohel impurity can always be joined with contact impurity because they are essentially the same cause. The only types of impurity that cannot be joined are contact with carriage and carriage with ohel. Put simply, there are two general types of impurity: 1) contact/ohel; 2) carriage.
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Bartenura on Mishnah Oholot
רבי דוסא בן הרכינס מטהר – for he holds that they do not combine to make up according to the measurement.
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English Explanation of Mishnah Oholot
This is the general principle: every object [whose defilement] proceeds from one cause is unclean, from two causes is clean. The general rule that governs the sages' opinion is that two different causes of impurity cannot be joined, but two of the same category can be joined. The anonymous mishnah in section three and Rabbi Meir disagree as to how we define different "causes of impurity" but they agree with this general principle.
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Bartenura on Mishnah Oholot
הנוגע בכשני חצאי זיתים מן הנבילה – at the opening of the tent, and separates them from the carrion, to state to you, that just as that Rabbi Dosa holds that they don’t combine for defilement through the overshadowing of the tent, here also he holds that they don’t combine for defilement of contact and for carrying, whether regarding a corpse or whether regarding a carrion.
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Bartenura on Mishnah Oholot
הנוגע בחצי זית ומאהיל על חצי זית (he who touches half an olive’s bulk and overshadows over half an olive’s bulk) – that the person who overshadows over corpse, is impure as if he was with the corpse in the tent. And in the Gemara [Tractate Hullin, chapter 9] in the chapter העור והרוטב/The Hide and the Broth [of the Meat], folio 125b, it maintains that the overshadowing of the tent in the first clause [of the Mishnah] are pressed ritual impurity (I.e., a corpse or part of a corpse located beneath a roof or a covering imparts ritual impurity only to objects beneath that covering; anything above the covering remains ritually pure if there is a handbreadth between the corpse and the roof or covering), for there isn’t between the defiling agent/defilement less than a handbreadth, and because of this the Sages declare it impure, for all of it is touching/contact. But the concluding clause [of the Mishnah] that stated: “But a person who is in contact with half an olive’s bulk and another thing overshadows him”/אבל הנוגע בכחצי זית ודבר אחר מאהיל עליו וכ' -that the Rabbis agree that it is pure, we are speaking of when there is an opening of a handbreadth between the defilement and between the tent. And in this the Rabbis agree that they do not combine, for touching and the tent are two categories, and those things that are from two categories do not combine. But Rabbi Dosa holds that even with pressed ritual impurity/טומאה רצוצה they don’t combine, and not even for contact [with one half of an olive’s bulk] and the contact of the tent [with one half of an olive’s bulk]. But the Halakha is not according to Rabbi Dosa.
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Bartenura on Mishnah Oholot
אמר ר' מאיר אף בזו ר' דוסא מטהר וחכמים מטמאין – Rabbi Meir disputes with the first Tanna/teacher [of the Mishnah] who stated that when there is an opening between the defilement and the tent of a handbreadth, the Sages admit that it is pure, and that they don’t combine, but he himself said, that even in this the Rabbis dispute with Rabbi Dosa who state that the contact/touching and the tent are one category, hence they combine to make up the measurement and they defile But the Halakha is not according to Rabbi Meir.
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Bartenura on Mishnah Oholot
חוץ מן המגע עם המשא – as for example, that he touched half of the olive’s bulk and he moved a half an olive’s bulk.
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Bartenura on Mishnah Oholot
והמשא עם האוהל- that he moved half an olive’s bulk and overshadowed with a tent over half an olive’s bulk.
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Bartenura on Mishnah Oholot
משם אחד – as for example, touching and touching, carrying and carrying, tent and tent.
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Jastrow
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Bartenura on Mishnah Oholot
מלא תרווד רקב (ladleful of corpse mold) – that we stated above at the beginning of Chapter Two [Mishnah 1] that it defiles in a tent.
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English Explanation of Mishnah Oholot
If a ladleful of corpse-mold was scattered about in a house, the house is unclean But Rabbi Shimon declares it clean. In 2:1we learned that a ladleful of corpse mold causes impurity in an ohel. The sages say that even though the mold was mixed in with the dust and dirt of the house, as long as the requisite quantity of corpse is found, the house is unclean. Rabbi Shimon, however, holds that since there is a mixture of corpse-mold and dust, the house is clean.
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Bartenura on Mishnah Oholot
שנתפזר לתוך הבית – and it was combined with whatever an amount of dust.
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English Explanation of Mishnah Oholot
If a quarter [of a log] of blood was absorbed in [the ground] of a house, the house is clean. The sages agree that if blood is mixed in with the ground of the house, the house is clean. As we shall learn in section three, if blood is absorbed in something from which it cannot be expelled, the blood no longer transmits impurity.
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Bartenura on Mishnah Oholot
ור' שמעון מטהר – he holds that its end is like its beginning, that just as at its outset if the corpse is buried in burial shrouds or in a wooden casket/bier, it has no mass of earth from a grave containing parts of a decayed human body/רקב, for we require that there will be nothing folded/rolled with him, even its end, after it had become became a mass of earth from a grave containing parts of a decayed human bod, if something else combined with hi it doesn’t defile. But the Halakah is not according to Rabbi Shimon.
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English Explanation of Mishnah Oholot
If it was absorbed by a garment: if the garment is washed and a quarter [of a log] of blood emerges from it, it is unclean, if not, it is clean, since anything absorbed that cannot emerge is clean. The purity of the garment into which the blood has been absorbed depends on whether the blood can be removed from the garment. If it can be removed by laundering the garment, then the garment does not defile in an ohel. However, the garment itself is impure because it came into contact with a quarter of a log of blood. As far as how one can test if a quarter of a log of blood came out of the garment, one would take a measured amount of water and launder the garment in it. Then he would bring the same measure of water, less a quarter of a log, and put in that water a quarter of a log of blood. If the water looks the same, then a quarter of a log emerged. If the water that was used for laundering has less of a red color, then the garment with the blood does not defile in an ohel.
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Bartenura on Mishnah Oholot
אם מתכבסת הכסות ויוצא ממנה רביעית דם – and how do we measure it? He brings water in a measure and washes it, and he brings other water according to that measure and places in it a quarter [of a LOG] of blood. If their appearance is equivalent, this is defilement, but if not it is ritually pure.
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Bartenura on Mishnah Oholot
נשפך באויר – within the house.
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English Explanation of Mishnah Oholot
Introduction
Today's mishnah deals with blood that is poured out and then lands on the ground and someone or something overshadows it.
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Bartenura on Mishnah Oholot
אם היה מקומו קטפרס (if the place where he was standing was sloping) – if the place where the blood was split was a declivity/slope.
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English Explanation of Mishnah Oholot
[Blood] which was poured out in the air: If the place [where it fell] was an incline and [a person or vessel] overshadowed part of it, he [remains] clean. If it was a cavity, or if the blood congealed, he [becomes] unclean. In this case the blood is poured out outside of a house. If it lands on an inclined space, and a person or vessel overshadows part of this blood, he/it is not considered to have overshadowed the entire quarter of a log. While the blood flows down the incline, each part is not considered to be connected to the other part and so he has overshadowed only part of the blood. However, if the blood falls into a cavity (a depression in the ground) or if it congeals then because the blood has stopped flowing when one overshadows part of the blood he is considered as having overshadowed all of it and he/it is impure.
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Bartenura on Mishnah Oholot
והאהיל – and a person [overshadowed] over a part of it.
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English Explanation of Mishnah Oholot
If it was poured out on a threshold: If it inclined either inwards or outwards and the house overshadowed it [that which is in the house] is clean. If there was a cavity, or if it congealed, [that which is in the house becomes] unclean. In this case the blood is poured out onto the threshold outside of the house, and the house (or part of it) overshadows part of the blood. If the blood is on an incline and is still flowing (either towards or away from the house), then again the blood is not considered to be connected to its other parts and the people or vessels in the house are pure. In other words, we don't consider the house to be overshadowing the entire quarter of a log of blood. However, if the blood falls into a cavity or it congeals such that it is no longer flowing, the blood is connected to itself and the house conveys the impurity.
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Bartenura on Mishnah Oholot
טהור – for a slope is not a connection.
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English Explanation of Mishnah Oholot
When teeth, hair and nails are separate from a corpse they are not impure as is the flesh and blood. However, when they are joined to the corpse, they are as impure as is everything else. Tomorrow's mishnah will continue to deal with this topic.
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Bartenura on Mishnah Oholot
היה אשבורן (a cavity for the reception of water) -a place where it is gathered, like within a hole/indentation.
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או שקרש (or it congealed/became solid) – the blood and even the sloping place, it is a combination and it is impure, and even if it overshadowed over part of it.
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Bartenura on Mishnah Oholot
נשפך על האסקופה (if it was poured on the threshold/lintel) – like a kind of balcony/portico that is in front of the opening of the house.
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Bartenura on Mishnah Oholot
והיא קטפרס בין מפנים that tilts towards the inside.
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בין מבחוץ – that tilts towards the outside.
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והבית מאהיל – upon part of it. טהור – everything that is in the house from the defilement of the overshadowing of the tent, even though that ultimately the blood will descend inside, it is not a connection.
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Bartenura on Mishnah Oholot
חוץ מן השינים והשער והצפורן – as it is written (Numbers 19:16): “or human bone, or a grave, shall be impure seven days],” just as the bone which was created with it, and its stump/that which is cut does not grow again, even all that are created with it, and its stump/that which is cut does not grow again. They excluded teeth which sere not created with, they excluded hair and fingernails that when they are cut, do grow again.
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הבית טמא – all that is inside [the house] is impure, for it overshadows on the hair that is connected to the corpse.
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English Explanation of Mishnah Oholot
How so? If the corpse was outside and its hair inside, the house is unclean. As we learned in yesterday's mishnah, if the hair is connected to the corpse, it is impure like the corpse. The ramification of this is that if a corpse is found outside of a house, and the hair is in the house, the house (meaning its contents) is impure because the house overshadows the corpse.
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עצם שיש עליו כזית בשר – the bone is considered a handle for the flesh.
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English Explanation of Mishnah Oholot
[With regard to] a bone which had upon it an olive-sized portion of flesh, if one brought part of it within so that the house was overshadowing it, [the house] is unclean. This section deals with a bone that in and of itself does not convey impurity in an ohel (see 2:3) but has enough flesh on it to do so. If he brings part of the bone into the house, the house is impure, even if the flesh is outside of the house because the bone serves as a connective for the flesh. It is as if the flesh is in the house.
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תחובים בידי אדם – for the flesh is not connected to the bone from its essence, but rather a person inserted it thee in the manner that we insert the flesh on a spit.
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English Explanation of Mishnah Oholot
[With regard to] two bones which had upon them two pieces of flesh, [each] the size of half an olive, if one brought part of them within so that the house was overshadowing them, [the house] is unclean. Similarly, two bones, each with half of an olive's worth of flesh, serve to connect the flesh that is found on them to the part of the bone that is in the house. Again, the contents of the house are impure.
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English Explanation of Mishnah Oholot
But if [the pieces of flesh] were set into [the bone] by a person, the house is clean since connections created by human agency are not [regarded as] connections. In the previous two sections we learned that the bone serves as a connective for the flesh found on it, such that as long as part of the bone is in the house, the house is considered to overshadow the flesh that is out of the house. However, this is true only of flesh that grew on the bone and was naturally found there. If a person puts some flesh onto a bone, the bone does not connect the flesh, for "connections" in the case of the corpse must be natural. If the "human" world gets involved in this process, the connections created do not have ramifications on the purity status.
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איזהו דם תבוסה - it is referring to our Mishnah above in Chapter 2 [Mishnah 2], which teaches that a quarter [of a LOG] of blood that flows from a person at the time of his death of afterwards is ritually impure, and it explains here what is “mixed blood”/דם תבוסה/blood that flows at the time of death or after
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English Explanation of Mishnah Oholot
Introduction
Mishnah 2:2 stated that a quarter of a log of "mixed blood" defiles in an ohel. Our mishnah discusses what "mixed blood" is. To understand this mishnah we must remember that only the blood of a corpse defiles. Blood that comes out from a person during his lifetime does not defile.
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שמינית בחייו ושמינית במותו – they combine to [form] a quarter [of a LOG of blood].
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English Explanation of Mishnah Oholot
What is ‘mixed blood? The blood of a corpse of which an eighth [of a log] came out during his lifetime and an eighth after death, the words of Rabbi Akiva. Rabbi Ishmael says: a quarter [of a log] during his lifetime and a quarter after death. Both Rabbi Akiva and Rabbi Ishmael agree that "mixed blood" is an amount of blood, part of which came from a living person and part of which came from a corpse. Rabbi Akiva rules strictly even if only half of the requisite quarter log came from a corpse, 1/8 of a log, and then was mixed with another 1/8 of a log of pure blood from a living body, the mixture defiles. Rabbi Ishmael says that "mixed blood" is a case where there originally was a quarter of a log of blood from a corpse and the same amount from a living body. Then from this amount, which clearly does defile, one takes a quarter of a log. Since there was originally the requisite amount of impure blood, the quarter of a log removed still defiles. However, if originally there was only 1/8 of a log of impure blood mixed with the same amount of pure blood it would not defile.
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רביעית בחייו ובריבית במותו – that they combined and he took from the mixture a quarter [of a LOG] of blood, this is “mixed blood.” But not one-eighth [of a LOG] during his life and one-eighth [of a LOG] after his death.
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English Explanation of Mishnah Oholot
[If] a quarter [of a log] is taken from both of these: Rabbi Elazar bar Judah says: both of these are as water. What then is ‘mixed blood’? It is that of a crucified person whose blood is streaming forth and under whom is found a quarter [of a log] of blood it is unclean. However a corpse whose blood drips forth and under whom is found a quarter [of a log] of blood, [the blood] is clean. Rabbi Judah says: not so, but that which streams forth is clean and that which drips forth is unclean. Rabbi Elazar bar Judah is even more lenient. He responds to Rabbi Ishmael by saying that a quarter of a log of blood that is taken out of a mixture of a quarter log of impure blood and a quarter log of pure blood has the purity status of water. This is an emphatic way of saying it is pure. Still, Rabbi Elazar must define "mixed blood." He defines it as blood that is streaming forth from a living person. This is the blood that has the "life force" in it, for its loss causes the person to die. However, if the blood drips from him it is clean. Even though its loss eventually causes him to die, the earlier drops don't join together with the later drops (which do cause him to die) to create the requisite quarter of a log. Rabbi Judah says that the blood that streams forth is pure because the life force does not come out with this blood (this is the Rambam's explanation). But when the last drop of blood comes out of him, his life will definitely have come out and therefore this blood defiles. [I should note that there are some difficulties in interpreting this mishnah and even in determining who says what, and the relationship of each section to each other.]
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כמים – and they do not defile.
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ואיזהו דם תבוסה – that is impure.
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צלוב שדמו שותת (a crucified person whose blood flows gently/gushes forth) – and falls without any interruption, because the drop of death is mixed in it. But dripping, that if falls drop by drop, little by little is nullified and it is pure.
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רבי יהודה אומר לא כי – meaning to say, the matter is not like this.
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אלא השותת טהור – that I state that drop which the soul is dependent upon stood on the wood that it is suspended from, but there isn’t in this drop the last drop of death.
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והמנטף טמא – we don’t say that little by little is nullified, for Rabbi Yehuda holds that blood does not nullify blood. But the Halakha is according to Rabbi Akiba.
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כזית מן המת פתחו בטפח – the corpse that is in the house and it has many openings, all the vessels that are placed in the cavity of the openings underneath the lintel/cross-piece of the opening from the outside, even though the openings are locked, and there is an interruption between the tent of the corpse and the tent of the vessels, all of them are impure. For the Sages decreed that defilement on a place which is the exit path of defilement that ultimately is of a corpse to exit there, and when we don’t know which path he will remove it, all of them are impure. But if there is an olive’s bulk from a corpse in the house and he intended to remove it through the window that has an opening of a handbreadth, he protects all of the locked openings since he knows the place that ultimately the defilement will leave in that path, but if it is entire corpse and he intended to remove it through the window that has four [handbreadths], he protects all of the locked openings for with the measure of four handbreadths, the Sages estimated that it is appropriate for the removal of the corpse.
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English Explanation of Mishnah Oholot
Introduction
When we get to 7:3 we will learn that if there is a dead body in a house, all of the openings are impure, even though the dead body will only go out through one of them. [Note that the opening is considered separate from the house]. Our mishnah teaches that if a person decides to take the dead body, or a piece thereof, out through one of the openings, the other openings, as long as they are locked, are pure. However, the opening must be large enough so that the corpse or piece thereof could go out of it. If it is not, then all of the openings remain impure.
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אבל להוציא את הטומאה בפותח טפח – even a complete corpse, its defilement departs through the window all the time that it is open, and defiles the vessels that are in the house that are at its side if there is a window that is open a handbreadth.
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English Explanation of Mishnah Oholot
For an olive-sized portion of a corpse, an opening [in the room in which it is found] of one handbreadth [square], and for a [whole] corpse, an opening of four handbreadths [square, is enough] to prevent the uncleanness from [spreading to the other] openings; If one intends to take an olive size portion of a corpse out of the house through an opening that is one handbreadths square, that opening is unclean, even if it is locked. Anything found in the opening, under the lintel, is unclean. But all of the other locked openings remain pure. However, if the opening is not even the size of a handbreadth, then all of the openings, even though they are locked, are impure, because in the end, the piece of corpse may be taken out through one of them. When it comes to a full corpse, the opening must be four handbreadths square to protect the other openings. If it is less, then the other openings are impure because the body might go out through one of them.
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גדול מכזית כמת – specifically like a pressed-in olive’s bulk, its opening is with a handbreadth. But more than an olive’s bulk, its law as is it was a complete corpse, and it doesn’t protect over the locked openings until there would be four [handbreadths].
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English Explanation of Mishnah Oholot
But for allowing the uncleanness to go out, an opening of one handbreadth [square is enough]. If the opening is not locked, then the impurity escapes as long as the opening is a one handbreadth square. This is true even if a complete corpse is in the house.
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English Explanation of Mishnah Oholot
[A portion] greater than the size of an olive is as a [whole] corpse. Section one dealt with an olive-sized portion of corpse and a full corpse. But what about something in between? The answer is that anything greater than an olive-sized piece is treated as a full corpse. This means that the opening must be four square handbreadths in order to protect the other openings from being unclean.
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רבי יוסי אומר השדרה והגולגולת - that in his Bet Din/court, it is like a complete corpse, and if he intended to remove them through a window, it does not protect the locked openings until there would be four [handbreadths]. And such is the Halakha.
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English Explanation of Mishnah Oholot
Rabbi Yose says: [only] the spine and the skull are as a [whole] corpse. Rabbi Yose says that the spine and the skull, even if only the size of an olive remains, are treated like a full corpse. This means that the opening must be four handbreadths to protect the other openings from being impure.
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טפח על טפח על רום טפח – a board/plank which is a handbreadth wide by a handbreadth [long] and above from the ground a handbreadth, and overshadows over an olive’s bulk of a corpse or on vessels, brings the defilement on to the vessels.
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English Explanation of Mishnah Oholot
Introduction
Our mishnah teaches a basic law concerning the ohel. If there is an object that is at least a handbreadth wide and long and a handbreadth high, it can act as an ohel. It conveys impurity that is found beneath it, and it prevents impurity from traveling above or below it. Our mishnah illustrates this with the case of a covered drain found beneath a house. In addition, the mishnah discusses the concept of impurity escaping through openings.
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Bartenura on Mishnah Oholot
מרובע – that if its width was less than that of a handbreadth, even though its length was two handbreadths, we don’t say – place what remains from its length upon its width and make it quadrilateral. For this, it (i.e., the Mishnah) teaches "מרובע"/cubic, that there must be in its width a handbreadth and in its length a handbreadth.
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English Explanation of Mishnah Oholot
[An object] one handbreadth square and one handbreadth high conveys uncleanness and blocks uncleanness. This was explained in the introduction.
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Bartenura on Mishnah Oholot
כיצד – meaning to say, how does it interpose before the defilement/uncleanness?
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English Explanation of Mishnah Oholot
How does it [block uncleanness]? In the case of a covered drain beneath a house, if it has a space a handbreadth wide and its outlet was a handbreadth wide, and there is uncleanness inside it, the house remains clean; And when there is uncleanness in the house, that which is within [the drain] remains clean, for the manner of the uncleanness is to go out and not to go in. In this case the drain has the required dimensions 1 x 1 x 1 handbreadths and there is a one handbreadth opening at its end, which spills into the courtyard. The impurity that is in the drain will escape out into the courtyard, and therefore that which is in the house will remain pure. The mishnah's line "for the manner of the uncleanness is to go out and not to go in" is not exactly appropriate here, for obviously the uncleanness will not simply enter the house. As we shall see, its proper place is below and in other mishnayot (4:1-3; 9:9-10). In addition, if there is impurity in the house it will not enter the drain because the drain is large enough to block the impurity.
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Bartenura on Mishnah Oholot
ביב שהוא קמור (a drain/pipe/gutter which is arched) – digging in the ground and its foundation, that is arched and there the waste-water (i.e., that which is poured in the gutter) that is in the house descends and from there exits to the public domain.
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English Explanation of Mishnah Oholot
If it had a space one handbreadth wide but its outlet was not one handbreadth wide, when there is uncleanness in it, the house becomes unclean; But when there is uncleanness in the house, that which is within it remains clean, for the manner of the uncleanness is to go out and not to go in. In this case, the drain does not have an outlet large enough to allow the impurity out through it. Therefore, the impurity found in the drain will go up into the house and defile whatever is found there. However, impurity in the house will not enter the drain for there is a barrier (the drain itself) between the two.
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Bartenura on Mishnah Oholot
יש בו פוחת טפח – that is a handbreadth by a handbreadth at the depth of a handbreadth in the drain/gutter itself.
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English Explanation of Mishnah Oholot
If it did not have a space one handbreadth wide and its outlet was not one handbreadth wide, when there is uncleanness within it, the house becomes unclean; And when there is uncleanness in the house, it [also] becomes unclean. But if the drain is not even of the proper dimensions, then the impurity found in either space will go to the other. The drain is treated simply like the ground under the house and the impurity in the house spreads there as well.
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Bartenura on Mishnah Oholot
וביציאתו – in the opening of the drain/gutter that from it the waters go out to the public domain.
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English Explanation of Mishnah Oholot
It makes no difference if the cavity was carved out by water or by a sheretz or if it had been eaten out by salt. Any hole, no matter how it is made, if it has the features outlined above, is treated just like the drain. It will stop the impurity found in it from entering the structure above, and it will prevent the impurity found above from entering into it.
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Bartenura on Mishnah Oholot
טומאה בתוכו – if there is an olive’s bulk from the corpse within the drain, for the olive’s bulk from the corpse its opening is with a handbreadth.
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English Explanation of Mishnah Oholot
And similarly [if it is in] a row of stones or a pile of beams. Similarly, any structure, no matter how it is made, can serve as an ohel. If there are spaces that are one handbreadths wide, long and tall between the different parts, then the part on top is treated separately from the part below.
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Bartenura on Mishnah Oholot
הבית טהור – that the defilement/uncleanness leaves through the opening of the drain that goes out to the public domain. And this is what is taught [in the Mishnah]: "חוצץ בפני הטומאה"/interposes before the uncleanness.
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English Explanation of Mishnah Oholot
Rabbi Judah says: any "tent" not made by a person is not considered a tent’. But he agrees that crevices and crags [can be considered as ‘tents’]. Rabbi Judah says that only human-made structures can serve as an ohel. However, he agrees that crags and crevices, structures that might form a cave, are treated like an ohel because people often use them in such a manner. We should note that this opinion of Rabbi Judah matches his general tendency to remain close to the simple meaning of the biblical text. An ohel means a tent that is a humanly made structure. While Rabbi Judah is not a true literalist the law does not apply just to tents, he still holds that it only applies to things that are somewhat like tents. In contrast, the other sages seem to be thinking about how impurity is conveyed. If impurity is conveyed in an ohel, why shouldn't, they seem to say, it be conveyed by other types of structures.
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Bartenura on Mishnah Oholot
טומאה בתוך הבית הביב טהור – for there is no path for the uncleanness to bring it in through the opening of the drain, for the path of the uncleanness is to remove it through the opening of the house but not to bring it into the drain.
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Bartenura on Mishnah Oholot
ואין ביציאתו פותח טפח טומאה בתוכו הבית טמא – for the uncleanness/defilement goes up from the drain to the house since it lacks a path to leave through the opening of the drain that goes out to the public domain, for all that is less than a handbreadth the defilement/uncleanness does not leave.
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Bartenura on Mishnah Oholot
אין פו פותח טפח ואין ביציאתו פוחת טפח – it is is taken for naught for there isn’t in its outlet an opening of a handbreadth, for since it lacks an opening of a handbreadth, on its outlet we are not concerned,, for it is as if there is like there is no cavity at all and the drain is considered like the ground of the house, and the Sages stated: All that is in the tent will be defiled, including the bottom/ground of the house which is like it until the depth/interior of the earth.
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Bartenura on Mishnah Oholot
אחד חור שחררוהו מים – this that is open a handbreadth that brings the defilement/uncleanness, there is no difference if this hole was made through the water or that reptiles/insect perforated it.
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Bartenura on Mishnah Oholot
או שאכלתו מלחת (or a cave formed through saline corrosion) – the language of )Jeremiah 17:6): “In a barren land without inhabitant.” It is like white dust similar to salt and it consumes and falls and makes a hole on its own.
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Bartenura on Mishnah Oholot
מרבך של אבנים (an irregular pile of large stones) – large stones that are arranged and set up one on the other. But sometimes it is arranged on two [stones] and the lower ones are separated from each other and there is a tent [overshadowing] a handbreadth.
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Bartenura on Mishnah Oholot
סואר של קורות (a pile/frame of beams) – beams that are set up on top of the other that stand ready for building, but sometimes there is between them a tent overshadowing a handbreadth.
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Bartenura on Mishnah Oholot
כל שאינו עשוי בידי אדם אינו אוהל – which we derive through an analogy/Gezerah Shavah from [the comparison of the usage of the word] אוהל (Numbers 19;14: "זאת התורה אדם כי ימות באוהל"/This is the ritual: When a person dies in a tent”) and אוהל (Exodus 40:19; "ויפרש את האוהל על-המשכן"/He spread the tent over the Tabernacle”), just as there (in the Tabernacle) it was done at the hands of a person, so also here (regarding the defilement of the corpse) at the hands of man.
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Bartenura on Mishnah Oholot
בשקיפים (clefts) – It is the Aramaic translation of (Isaiah 57:5): “Among/under the clefts of the rocks,” the clefts of the rocks
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Bartenura on Mishnah Oholot
ובסלעים – in the clefts of the stones/rocks, and the שקיפי and נקיקי הסלעים are one and the same, but one was made through the rain and the other was made on its own. But even though they were not made at the hands of man Rabbi Yehuda agrees/accepts them, for he does not derive the Gezerah Shavah/analogy of “tent”/”tent” from the Tabernacle (see above) but rather for an opening to be handbreadth alone, but more than a handbreadth, such as a fistful, we stated in [Tractate] Sukkah [at the beginning of] the chapter "הישן"/He who sleeps (Chapter 2 – folio 20b at the bottom and folio 22a at the top). For Rabbi Yehuda agrees that even if it was made of its own, it brings the uncleanness. And similarly with clefts and rocks. But the Halakha is not according to Rabbi Yehuda.
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