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Mishnah Makhshirin

Mishnah

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Chapter 1

1 Any liquid that was desired at the beginning though it was not desired at the end, or that was desired at the end though it was not desired at the beginning, comes under the law of “if water is put.” Unclean liquids render unclean whether their action is desired or is not desired.

2 If one shook a tree in order to make food or something unclean fall from it, the rainwater falling from it does not come under the law of “if water is put.” If he shook the tree in order to make liquids fall from it: Bet Shammai say: both the liquids that fall down and the liquids that remain on the tree come under the law of “if water is put.” But Bet Hillel say: the liquids that fall down come under the law of “if water is put,” but the liquids that remain on the tree do not come under the law of “if water is put,” because his intention was that the liquids should fall from the whole tree.

3 If one shook a tree and it fell on another tree, or a branch and it fell on another branch, and under them were seeds or vegetables still joined to the ground: Bet Shammai say: this comes under the law of “if water is put.” But Bet Hillel say: this does not come under the law of “if water is put.” Rabbi Joshua said in the name of Abba Yose Holikofri a man of Tivon: It would be surprising if, according to the Torah, any liquid caused susceptibility to uncleanness unless someone applied it intentionally, for it says: “If water is put on the seed.Leviticus 11:38”

4 If one shook a bundle of vegetables and water dropped down from the upper side to the lower side: Bet Shammai say: this comes under the law of “if water is put.” But Bet Hillel say: this does not come under the law of “if water is put.” Bet Hillel said to Bet Shammai: if one shakes a stalk, do we worry that water might drip from one leaf onto another leaf? Bet Shammai said to them: a stalk is only one, but a bundle has many stalks. Bet Hillel said to them: if one lifted a sack full of produce and put it beside the river, do we worry that water might drip from the upper side to the lower side? But if he lifted two sacks and placed them one on top of the other, the lower sack comes under the law of “if water is put.” Rabbi Yose says: the lower sack remains insusceptible to uncleanness.

5 If one rubbed a leek or pressed his hair or his clothing, Rabbi Yose says: the liquid that came out comes under the law of “if water is put,” but the liquid that remained does not come under the law of “if water is put,” because his intention was that the liquid should come out of all of it.

6 If one blew on lentils in order to test whether they were good: Rabbi Shimon says: this does not come under the law of “if water is put.” But the sages say: this does come under the law of “if water is put.” If one ate sesame with his finger, with regard to the liquid that was on his hand: Rabbi Shimon says: this does not come under the law of “if water is put.” But the sages say: this does come under the law of “if water is put.” If one hid his fruit in water from thieves, it does not come under the law of “if water is put.” Once the men of Jerusalem hid their fig cakes in water from the robbers, and the sages declared that they were not susceptible to uncleanness. If one put his fruit in the stream of a river to let it float downstream with him, it does not come under the law of “if water is put.”

Chapter 2

1 Condensation in houses, cisterns, ditches and caves does not cause susceptibility to uncleanness. A man’s perspiration does not cause susceptibility to uncleanness. If a man drank unclean water and perspired, his perspiration does not cause susceptibility to uncleanness. If he entered drawn water and perspired, his perspiration causes susceptibility to uncleanness. If he dried himself and then perspired, his perspiration does not cause susceptibility to uncleanness.

2 Condensation in an unclean bathhouse is unclean, but condensation in a clean bathhouse comes under the law of “if water is put.” If there was a pool in a house, the house develops condensation because of it. If the pool was unclean, all the condensation in the house caused by the pool is unclean.

3 Two pools, one clean and the other unclean: the condensation near the unclean pool is unclean, And the condensation near the clean pool is clean, And what is equally distant from both pools is unclean. Unclean iron was smelted with clean iron: If the greater part came from the unclean iron, it is unclean. If the greater part came from the clean iron, it is clean. But if there was half of each, it is unclean. Pots owned by Israelites and non-Jews used for urinating: If the greater part is from the unclean urine, it is unclean. If the greater part is from the clean urine, it is clean. But if there was half of each, it is unclean. Wastewater, in which rain had fallen: If the greater part consisted of the unclean water, it is unclean. If the greater part consisted of clean water, it is clean. But if there was half of each, it is unclean. When does this apply? When the wastewater came first. But if the rainwater came before the wastewater, it is unclean whatever the quantity of the rainwater.

4 If one flattened out his roof or washed his clothing and rain came down on it: If the greater part consisted of the unclean water, it is unclean. If the greater part consisted of the clean water, it is clean. But if there was half of each, it is unclean. Rabbi Judah says: if the dripping increased, it is clean.

5 A city in which Israelites and non-Jews live together and there was a bathhouse working on Shabbat: If the majority of the inhabitants were non-Jews, one may bathe in it immediately after the conclusion of the Shabbat. If the majority were Israelites, one must wait until the water can be heated. If they were half and half, one must also wait until the water can be heated. Rabbi Judah says: if the bathhouse was small and a non-Jewish authority was there, one may bathe in it immediately after the conclusion of Shabbat.

6 If one found in that city vegetables sold on Shabbat: If the majority of the inhabitants were non-Jews, one may buy them immediately after the conclusion of Shabbat. If the majority were Israelites, one must wait until vegetables can arrive from the nearest place. If they were half and half, one must also wait until vegetables can arrive from the nearest place. If a non-Jewish authority was there, one may buy them immediately after the conclusion of Shabbat.

7 If one found an abandoned child there: If the majority of the inhabitants were non-Jews, it is considered a non-Jew. If the majority were Israelites, it is considered an Israelite. If they were half and half, it is also considered an Israelite. Rabbi Judah says: we must consider the majority of those who abandon their children.

8 If one found there lost property, If the majority of the inhabitants were non-Jews, he does not need to announce it. If the majority were Israelites, he must announce it. If they were half and half, he must also announce it. If one found bread there we must consider which group makes up the majority of the bakers. If it was bread of clean flour, we must consider which group makes up the majority of those who eat bread of pure flour. Rabbi Judah says: if it was coarse bread, we must consider which group makes up the majority of those who eat coarse bread.

9 If one found meat there, we follow the majority of the butchers. If it was cooked meat, we follow the majority of those who eat cooked meat.

10 If one found produce on the road: If the majority of the inhabitants gathered produce into their homes, he is exempt from tithes. If the majority gathered it to sell in the market, he is liable for tithes. If they were half and half, the produce is demai. A granary into which both Israelites and non-Jews put their produce, If the majority were non-Jews, the produce must be considered certainly untithed. If the majority were Israelites, it must be considered demai. If they were half and half, it must be considered certainly untithed. These are the words of Rabbi Meir. But the sages say: even if they were all non-Jews, and only one Israelite put his produce into the granary, it must be considered demai.

11 If the produce of the second year exceeded in quantity the produce of the third year, or the produce of the third year exceeded the produce of the fourth year, or the produce of the fourth year exceeded the produce of the fifth year, or the produce of the fifth year exceeded the produce of the sixth year, or the produce of the sixth year exceeded the produce of the seventh year, or the produce of the seventh year exceeded the produce of the year after the conclusion of the seventh year, we follow the majority. If half and half, the stricter rule applies.

Chapter 3

1 If a sack full of produce was put beside a river, beside the opening of a cistern or on the steps of a cave, and the produce absorbed water, all the produce which absorbed the water comes under the law of “if water is put.” Rabbi Judah says: all the produce which faced the water comes under the law of “if water is put,” but all the produce which did not face the water does not come under the law of “if water is put.”

2 A jar full of produce which was put into liquids, or a jar full of liquids was put into produce and the produce absorbed, all the produce which absorbed comes under the law of “if water is put.” Which liquids did they mean? Water, wine and vinegar. But all the other liquids do not cause susceptibility to uncleanness. Rabbi Nehemiah says legumes are insusceptible, because legumes do not absorb liquids.

3 One who removed hot bread from the side of an oven and put it over the mouth of a jar of wine: Rabbi Meir declares it susceptible to uncleanness. But Rabbi Judah declares it insusceptible. Rabbi Yose declares it insusceptible in the case of wheat bread and susceptible in the case of barley bread, because barley absorbs liquids.

4 If one sprinkled the floor of his house with water and put wheat there and it became moist: If the moisture came from the water, it comes under the law of “if water is put”. But if the moisture came from the stones on the floor, it does not come under the law of “if water is put.” If one washed his clothing in a tub and put wheat there and it became moist: If the moisture came from the water, it comes under the law of “if water is put”. But if the moisture came on its own, it does not come under the law of “if water is put.” If one put produce in sand for it to become moist, this comes under the law of “if water is put.” It happened with the men of Mahoz that they used to moisten their produce with sand, and the sages said to them: if you have always acted in this way, you have never prepared your food in purity.

5 If one moistened produce with drying clay: Rabbi Shimon says: if there was still dripping liquid in it, it comes under the law of “if water is put”. But if there was not, it does not come under the law of “if water is put.” If one sprinkled his threshing floor with water, he does not need to worry that wheat might be put there and become moist. If one gathered grass with the dew still on it in order to moisten wheat with it, it does not come under the law of “if water is put,” But if his intention was for this purpose, it does come under the law of “if water is put.” If one carried wheat to be milled and rain came down on it and he was pleased about it, it comes under the law of “if water is put.” Rabbi Judah said: one cannot help being pleased about it. Rather, it comes under the law only if he stopped on his way.

6 If his olives were put on the roof and rain came down on them and he was pleased about it, it comes under the law of “if water is put.” Rabbi Judah said: one cannot help being pleased about it. Rather, it comes under the law only if he plugged up the gutter or if he shook the water onto the olives.

7 If donkey drivers were crossing a river and their sacks filled with produce fell into the water and they were happy about it, it comes under the law of “if water is put.” Rabbi Judah says: one cannot help being happy about it. Rather, it comes under the law only if they turned over the sacks. If one’s feet were full of clay, and the feet of his animal were too, and he crossed a river and he was happy about it, this comes under the law of “if water is put.” Rabbi Judah says: one cannot help being happy about it. Rather, it comes under the law only if he stopped and rinsed off his feet or those of his domesticated animal. But with a person or an unclean animal it always causes susceptibility to uncleanness.

8 If one lowered wheels or ox gear into water at the time of the hot east wind so that they would tighten, this comes under the law of “if water is put.” If one took an animal down to drink, the water which came up on its mouth comes under the law of “if water is put,” but the water that came up on its feet does not come under the law of “if water is put.” If he intended that its feet should be washed, even the water that came up on its feet comes under the law of “if water is put.” When its feet are sore or when it is threshing it always causes susceptibility to uncleanness. If a person unable to hear or speak, a person lacking legal capacity or a minor took it down, even though his intention was that its feet should be washed, it does not come under the law of “if water is put,” because for these people only the act counts, not the intention.

Chapter 4

1 If one bent down to drink, the water which came up on his mouth or on his mustache comes under the law of “if water is put”. But what came up on his nose or on his head or on his beard does not come under the law of “if water is put.” If one drew water with a jar, the water which came up on its outside, or on the rope that was wound around its neck, or on the rope which was needed for its use, comes under the law of “if water is put.” How much rope is needed for its use? Rabbi Shimon ben Eleazar says: a handbreadth. If he put the jar under the rain pipe, it does not come under the law of “if water is put.”

2 If rain came down on a person, even if he was unclean with a father of impurity, it does not come under the law of “if water is put”. But if he shook it off, it does come under the law of “if water is put.” If one stood under a rain pipe to cool himself or to wash himself, the water falling on him is unclean if he is unclean. If he is clean, it only comes under the law of “if water is put.”

3 If one leaned a dish against a wall so that it would be rinsed by rainwater, it comes under the law of “if water is put.” But if he did so to protect the wall from damage, it does not come under the law of “if water is put.”

4 A jar into which a leak from a roof fell: Bet Shammai say: it should be broken. But Bet Hillel say: it may be emptied out. But they agree that one may reach out his hand and take produce from it and the produce remains insusceptible to uncleanness.

5 A tub into which a leak from a roof fell, the water which splashed out or ran over does not come under the law of “if water is put.” If one moved the tub in order to pour out the water: Bet Shammai say: it comes under the law of “if water is put.” But Bet Hillel say: it does not come under the law of “if water is put.” If one placed the tub so that the leak from the roof would fall into it: Bet Shammai say: the water that splashes out or runs over comes under the law of “if water is put.” But Bet Hillel say: it does not come under the law of “if water is put.” If one moved the tub in order to pour out the water, both agree that it comes under the law of “if water is put.” If one immersed vessels or washed his clothing in a cave, the water that came up on his hands comes under the law of “if water is put”. But what came up on his feet does not come under the law of “if water is put.” Rabbi Elazar says: if it was not possible for him to go down into the cave without soiling his feet, what came up on his feet also comes under the law of “if water is put.”

6 If a basket full of lupines is placed in a mikveh, one may reach out his hand and take lupines from it and they remain clean. But if he lifted them out of the water, those that touch the basket are unclean, but the rest of the lupines are clean. If there was a radish in a cave, a niddah may rinse it and leave it clean. But if she lifted it, even slightly, out of the water, it becomes unclean.

7 If produce fell into a channel of water, and one whose hands were unclean reached out his hands and took it, his hands become clean and the produce also remains clean. But if his intention was that his hands should be rinsed, his hands become clean and the produce comes under the law of “if water is put.”

8 If a pot full of water was placed in a mikveh, and a person who was unclean by a father of impurity put his hand into the pot, it becomes unclean. But if he was unclean by a “touch of defilement,” the pot remains clean. But any of the other liquids contained in the pot become unclean, for water cannot purify the other liquids.

9 If one drew water through a kilon a pump-beam, it causes susceptibility to uncleanness for three days. Rabbi Akiva says: if it was dried, it immediately stops causing susceptibility to uncleanness. But if it was not dried, it causes susceptibility even for thirty days.

10 If unclean liquids fell on wood and rain fell on it and the rainwater exceeded the liquids in quantity, they are clean. If he took the wood out so that rain would fall on it, they are unclean even though the rainwater exceeded in quantity. If the wood had absorbed unclean liquids, even if he took the wood outside so that rain would fall on it, it is clean. But one may not light the wood in an oven except with clean hands. Rabbi Shimon says: if the wood was moist and then he lit it, and the liquids that came out of it exceeded in quantity the liquids which it had absorbed, they become clean.

Chapter 5

1 One who immersed himself in a river and then there was another river ahead of him and he crossed it, the second water purifies the first water. If his companion pushed him in during exercise or his animal pushed him in, the second water purifies the first water. But if he did it out of playfulness, it comes under the law of “if water is put.”

2 One who swam in water, the water that splashed out does not come under the law of “if water is put”. But if it was his intention to splash his friend, this comes under the law of “if water is put.” If one made a “bird” in the water, neither the water that splashed out nor what remained in it comes under the law of “if water is put.”

3 Produce onto which a leak from a roof fell and he mixed it up so that it would dry quickly: Rabbi Shimon says: it comes under the law of “if water is put.” But the sages say: it does not come under the law of “if water is put.”

4 One who measures a cistern whether for its depth or for its width, it comes under the law of “if water is put.” These are the words of Rabbi Tarfon. But Rabbi Akiva says: if it was measured for its depth, it comes under the law of “if water is put”. But if for its width, it does not come under the law of “if water is put.”

5 If one put his hand or his foot or a reed into a cistern in order to check whether it had any water, it does not come under the law of “if water is put”. But if to determine how much water it had, it comes under the law of “if water is put.” If one threw a stone into a cistern to check whether it had any water, the water that was splashed up does not come under the law of “if water is put,” and also the water that is on the stone is clean.

6 If one beats a hide outside the water, it comes under the law of “if water is put”. If inside the water, it does not come under the law of “if water is put.” Rabbi Yose says: even inside the water it comes under the law of “if water is put,” because his intention was that the water should come out with the dirt.

7 The water that comes up into a ship or into the bilge or on the oars does not come under the law of “if water is put.” The water that comes up in snares, nets, or in fishing nets does not come under the law of “if water is put”. But if he shook them out it does come under the law of “if water is put.” One who leads a ship out into the Great Sea in order to tighten its joints, or one who takes a nail out into the rain in order to temper it, or one who puts a firebrand out in the rain in order to extinguish it, this comes under the law of “if water is put.”

8 Water on the covering of tables or on the matting of bricks does not come under the law of “if water is put”. But if they were shaken, it does come under the law of “if water is put.”

9 A flow pouring from one vessel to another is clean, except the flow of honey of ziphim bees and honey batter. Bet Shammai say: also the flow of thick porridge of split beans, because it thickens up backwards.

10 One who pours hot water into hot water, or cold water into cold water, or hot water poured into cold water remains clean. But from cold water into hot water, the cold water becomes unclean. Rabbi Shimon says: even in the case of hot water poured into hot water it becomes unclean if the lower water is hotter than the upper water.

11 If a woman whose hands were clean stirred an unclean pot and her hands perspired, they become unclean. If her hands were unclean and she stirred a clean pot and her hands perspired the pot becomes unclean. Rabbi Yose says: only if her hands dripped. One who weighs grapes with a balance, the wine in the scale is clean until it is poured into a vessel. This is like baskets of olives and grapes when they are dripping with sap.

Chapter 6

1 One who carries his produce up to the roof because of maggots, and dew came down on it, it does not come under the law of “if water is put”. But if he intended for this to happen, it does come under the law of “if water is put.” If a person unable to hear or speak, a person lacking legal capacity or a minor carried it up, although he expected that dew would fall on it, it does not come under the law of “if water is put,” because for these people only the act counts, not the intention.

2 One who carries up to the roof bundles of vegetables or cakes of figs or garlic so as to keep them fresh, it does not come under the law of “if water is put.” All bundles of vegetables in the marketplaces are unclean. Rabbi Judah declares them clean if they are fresh. Rabbi Meir said: Why did they declare them unclean? Only because of liquid from the mouth. All coarse and fine flours of the marketplaces are unclean. Crushed wheat, groats, and pearl barley are unclean everywhere.

3 All eggs are presumed to be clean except those of sellers of liquids. But if they sold with them dry produce, they are clean. All fish are presumed unclean. Rabbi Judah says: pieces of aylatit and Egyptian fish which arrives in a basket, and Spanish tuna, these may be presumed clean. All kinds of brine may be presumed unclean. Concerning all these an am ha-aretz may be trusted when he declares them to be clean, except in the case of small fish, since they are usually stored with any am ha-aretz. Rabbi Eliezer ben Jacob says: clean brine into which water fell in any quantity must be considered susceptible to uncleanness.

4 There are seven liquids: dew, water, wine, oil, blood, milk and bees’ honey. Hornets’ honey does not cause susceptibility to uncleanness and may be eaten.

5 Derivatives of water are: the liquids that come from the eye, from the ear, from the nose and from the mouth, and urine, whether of adults or of children, whether its flow is intentional or unintentional. Derivatives of blood are: blood from the slaughtering of cattle and wild animals and birds that are clean, and blood from bloodletting for drinking. Whey is like milk, And the sap of olives is considered like oil, since it is never free from oil. These are the words of Rabbi Shimon. Rabbi Meir says: even though it contains no oil. The blood of a sheretz is like its flesh, it causes uncleanness but does not cause susceptibility to uncleanness, and there is nothing else like it.

6 The following cause uncleanness and also susceptibility to uncleanness: the flow of a zav, his saliva, his semen and his urine; A quarter-log of blood from a corpse, and the blood of a menstruant. Rabbi Eliezer says: semen does not cause susceptibility. Rabbi Elazar ben Azariah says: the blood of a menstruant does not cause susceptibility. Rabbi Shimon says: the blood of a corpse does not cause susceptibility, and if it fell on a gourd, he can scrape it off, and it remains clean.

7 The following cause neither uncleanness nor susceptibility to uncleanness: Sweat, foul-smelling discharge, excrement, blood flowing with any of these, liquid coming from a child born in the eighth month. Rabbi Yose says: except its blood. The discharge from the bowels of one who drinks the water of Tiberias even though it comes out clean. Blood from the slaughtering of cattle and wild animals and birds that are unclean, and blood from bloodletting for healing. Rabbi Eliezer declares these unclean. Rabbi Shimon ben Elazar says: the milk of a male is clean.

8 A woman’s milk causes susceptibility to uncleanness whether its flow is desired or is not desired, but the milk of cattle causes susceptibility to uncleanness only if its flow is desired. Rabbi Akiva said: there is a kal vehomer argument here: if a woman’s milk, which is specifically for infants, can cause susceptibility to uncleanness whether its flow is desired or is not desired, all the more should the milk of cattle, which is for infants and adults, cause susceptibility to uncleanness both when its flow is desired and when it is not desired. They said to him: No. a woman’s milk causes susceptibility to uncleanness when its flow is not desired, because the blood flowing from her wound causes susceptibility to uncleanness. But how could the milk of cattle cause susceptibility to uncleanness when its flow is not desired, since the blood flowing from its wound does not cause susceptibility to uncleanness? He said to them: I am stricter in the case of milk than in the case of blood, for if one milks for healing, the milk causes susceptibility to uncleanness, whereas if one draws blood for healing, the blood does not cause susceptibility to uncleanness. They said to him: let baskets of olives and grapes prove it. For liquids flowing from them cause susceptibility to uncleanness only when the flow is desired, but when the flow is not desired they do not cause susceptibility to uncleanness. He said to them: No. if you say thus of baskets of olives and grapes which are at first a solid food and at the end become a liquid, could you say the same of milk which remains a liquid from beginning to end? The argument went this far. Rabbi Shimon said: from this point on we used to argue before him: let rainwater prove it, for it remains a liquid from beginning to end, and causes susceptibility to uncleanness only when its flow is desired. But he said to us: No. if you say thus of rainwater, it is because most of it is intended not for human use but for the soil and for trees, whereas most milk is intended for human use.

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