1)

(a)The Mishnah discusses someone who throws 'Tum'ah from one place to another' in a Reshus ha'Yachid. The Tana Kama rules that if someone threw ...

1. ... a Tahor loaf among a pile of Tamei keys, and he does not know whether the loaf touched the keys or not - it remains Tahor, and the same will apply if ...

2. ... he threw a Tamei key among Tahor loaves, and he does not know whether it touched them or not ...

(b)... because he holds - that a Safek regarding something that is thrown is considered 'Ein bo Da'as Lisha'el' (see Tos. Yom-Tov).

(c)The Tana picked specifically loaves and keys - only because they are things that one tends to throw (see Tos. Anshei Sheim).

2)

(a)R. Yehudah disagrees - with the first case. In his opinion, since a person threw the Tahor loaf, it is considered 'Yesh bo Da'as Lisha'el' ...

(b)... but not if he threw the Tamei key - because, even though the key is considered 'Yesh bo Da'as Lisha'el', the loaves are not (Tiferes Yisrael).

(c)The Halachah is like the Tana Kama.

3)

(a)In a case where a weasel walked over loaves of Terumah with a dead Sheretz in its mouth, and one is not sure whether the Sheretz touched the loaves or not - the Mishnah declares the latter Tahor, because as long as the Sheretz is in the mouth of the weasel, it is considered as if it was passing (and it is only if the Tum'ah is resting on the ground that its Safek is Tamei).

(b)And the same Din will apply if a person is holding the loaves (see Tiferes Yisrael [see also Tos. Yom-Tov]).

4)

(a)Based on what we just learned, the Tana rules that ...

1. ... if a weasel with a dead Sheretz in its mouth or a dog with a piece of Neveilah in its mouth (see Tos. Yom-Tov) walks between two people who are Tahor and who are not sure whether or not, the Tum'ah touched them - the people remain Tahor, and the same ruling applies ...

2. ... in the reverse case, but where both the (same) weasel and the dog are standing still and the Tahor walks between them.

(b)In the latter case, he declares the Tahor Tamei - if either the weasel or the dog drops what it is holding in its mouth and begins to peck at them ...

(c)... because now the Tum'ah has a place (see Tos. Yom-Tov & Tiferes Yisrael).

5)

(a)If a raven flies over a Reshus ha'Yachid in the vicinity of Keilim or a person, the Tana now rules that if one is not sure whether the raven was Ma'ahil on a Keilim on not - they are Tahor, whereas if the Safek is whether it was Ma'ahil on a person or not - he is Tamei ...

(b)... because the former is 'Ein bo Da'as Lisha'el', whereas the latter is 'Yesh bo Da'as Lisha'el'.

6)

(a)In a case where ...

1. ... ten people take turns at filling a bucket of water (see Tos. Yom-Tov) in which one of them finds a Sheretz - the Tana rules that only the water in that particular bucket-full is Tamei (but all the rest are Tahor).

2. ...someone fills a bucket of water and after pouring it into another bucket, he discovers a Sheretz in the bottom one - the top one is Tahor ...

(b)...because in the realm of Tum'ah, one always goes after the time and place where they are found [see also Tos-Yom-Tov]).

(c)The reason for the earlier ruling is - because had the Sheretz been there earlier, it would have fallen out when the person who filled it poured it out.

(d)Consequently, all ten buckets-full of water will be Tamei - if the top bucket has a rim, which may have prevented the Sheretz from falling out after the first one poured out his water.

7)

(a)Tamei Terumah - must be burned.

(b)One does not as a rule, burn Safek Tum'ah (see Tiferes Yisrael). The Mishnah lists - six exceptions (see Tos. Yom-Tov).

(c)The first two exceptions are Safek Beis ha'Peras - (a field in which a grave has been dug up and its bones strewn around the field [see Tos. Yom-Tov]) and Safek Afar ha'Ba me'Eretz ha'Amim.

(d)The Safek in the case of ...

1. ... 'Beis ha'Peras' is - that perhaps there is a bone there that is the size of a barley-grain.

2. ... 'Safek Afar ha'Ba me'Eretz ha'Amim' - that perhaps it contains dust from a Meis (see Tos. Yom-Tov).

(e)This ruling incorporates - Maga and Masa.

8)

(a)The Safek in the third exception 'Safek Bigdei Am ha'Aretz' is - that perhaps the Am ha'Aretz's wife sat on the clothes whilst she was a Nidah.

(b)The fourth Safek is - that of Keilim ha'Nimtza'im' (which may well be Tamei).

(c)The fifth Safek is 'Safek ha'Rukin ha'Nimtza'in' - which may be that of a Zav, a Zaveh, a Nidah or a Yoledes (which are intrinsically Tamei).

9)

(a)The sixth Safek is 'Mei Raglei Adam she'Hein ke'Neged Mei Raglei Beheimah'. The Safek (assuming they are not mixed) is - that the second lot of Mei Raglayim may well be that of one of the above-mentioned Temei'im.

(b)What is unusual about this Halachah is - the fact that it is a S'fek Sefeika in that a. it may be the urine of an animal, and even if it is that of a person, that person might be Tahor (see also Tos. Yom-Tov).

(c)The Rambam explains that the two urines are mixed, and ...

1. ...the case is where exactly half is that of an animal, and half, of a Tamei person, and ...

2. ...the Safek is - whether or not, the appearance of the latter is Bateil in the former, or not.

(d)One burns the Terumah - provided there was a Vaday Negi'ah (the Safek definitely touched the Terumah [see Tiferes Yisrael).

10)

(a)R. Yossi obligates burning the Terumah even in the case of Safek Maga - if it took place in the Reshus ha'Yachid.

(b)The Chachamim rule that ...

1. ... in R. Yossi's case - Tolin (in hangs in abeyance, but may not be burned).

2. ... in the case of Safek Maga in the Reshus ha'Rabim - it is Tahor (a ruling with which R. Yossi agrees [Tiferes Yisrael]).

11)

(a)The Mishnah now rules 'Tolin' in the case of two collections of spit, one of which is Tamei, the other, Tahor, even in the Reshus ha'Yachid (see Tos. Yom-Tov). The meaning of ...

1. ... 'Tolin' is - that Terumah may neither be eaten nor burned.

2. ... 'Tamei' (in this context) is - Safek Tamei (because if it was Vaday, then it would have to be burned, like every other case of Safek Tum'ah bi'Reshus ha'Yachid, which is Tamei mid'Oraysa), and ...

(b)... the Tana is lenient in this case - because the Tum'ah of Safek Rokin is only mi'de'Rabbanan.

12)

(a)This ruling incorporates Maga, Masa - (carrying, even without moving it) and Heset (moving, even without carrying it), should it occur in the Reshus ha'Yachid.

(b)It also includes even spit that is dry - i.e. that will liquify when soaked (see Tos. Yom-Tov 'u'Vein Yeveishin') ...

(c)... because if not, it will be Tahor even if it is known to come from a Zav.

13)

(a)The previous ruling also extends to the Reshus ha'Rabim, with the exception of one detail - i.e. that touching (see Tos. Yom-Tov DH 've'Al Masa'an') only renders Tamei if it is wet ...

(b)... since it is impossible for some of the spit not to stick to the person who touches it, at which point it becomes Safek Tum'ah bi'Reshus ha'Yachid (see Tos. Yom-Tov).

(c)Finally, the Tana rules that a single Safek Rok that one touches, carries or moves, whilst it is lying ...

1. ... in a Reshus ha'Rabim - is Metamei to the point that it requires Terumah to be burned, and how much more so ...

2. ... in a Reshus ha'Yachid.

14)

(a)The Mishnah now rules - that Safek Mayim She'uvim le'Mikveh - does not disqualify the Mikveh.

(b)This is the first item on the list of S'feikos which the Chachamim declared Tahor (see Tos. Yom-Tov).

(c)The two cases of Safek Mayim She'uvim are - a. if it is not sure whether three Lugin of drawn water fell into Mikveh which did not yet contain forty Sa'ah of Kasher water; b. If we know that some drawn water fell into the Mikveh, but we don't know for sure that it comprised three Lugin.

(d)The Tana includes in the list (which will be discussed in the course of the Perek) three cases that are not really connected with Tum'ah: 'Safek Nezirus' and 'Safek Bechoros' - and Safek Korbanos (see Tos. Yom-Tov).

15)

(a)The next item on the list is 'Safek Tum'ah Tzafah al'P'nei ha'Mayim' - where a person is not sure whether he touched Tum'ah that is floating on the water or not (see Tos. Yom-Tov).

(b)He is Tahor - because it is considered as if it does not have a place.

(c)According to the Tana Kama it makes no difference whether the water is on the ground or in Keilim. R. Shimon however, holds - that the person is only Tahor if the water is on the ground, but not if it is in a K'li ...

(d)... because he considers the K'li to be its place (see Tos. Yom-Tov).

(e)The Halachah - is like the Tana Kama.

16)

(a)R. Yehudah - declares the person Tamei if the Safek occurred whilst he is entering the water, but Tahor if it occurs when he leaves. This is because things that are floating in water tend to float towards a person who enters, but away from hem when he leaves.

(b)R. Yossi is the most lenient of them all He says 'Afilu Ein Sham Ela M'lo Adam ve'Tum'ah, Tahor'. According to one interpretation, even if the water is so narrow that the person who enters it is bound to have touched it, he remains Tahor - because he holds that floating Tum'ah is not Metamei.

(c)The Rambam disagrees. According to him, what R. Yossi means is - even though there is barely enough space in the water for the person and the Tum'ah, as long as there is a slender chance that he did not touch the Tum'ah, he remains Tahor.

17)

(a)The Mishnah declares a Safek whether Mashkin have become Tamei - Tamei, but a Safek whether Tamei Mashkin are Metamei others - Tahor.

(b)Consequently, if a person ...

1. ... who is Tamei places his foot (see Tos. Yom-Tov) in the vicinity of Tahor liquid, and he does not know whether he touched it or not - it is Tamei, and the same will apply in a case where one ...

2. ... throws a Tamei loaf in the vicinity of Tahor liquid, which may or may not have touched it.

3. ... throws a stick at the end of which is Tamei liquid, in the vicinity of Tahor loaves of bread, and he is not certain whether it touched them or not - they remain Tahor.

18)

(a)R. Yossi declares Tamei, food that touches Safek Tamei liquid - because (based on the Pasuk Shemini "ve'Chol Mashkeh Asher Yishaseh, Yitma" [which he reads as 'Yitama']) he holds that liquid is Metamei min ha'Torah.

(b)Nevertheless, he declares Keilim that touched it, Tahor - because he confines the above D'rashah to liquid that touches food, but if it touches Keilim, they are only Tamei mi'de'Rabbanan (see also Tos. Yom-Tov).

(c)According to the Tana Kama - who interpret "ve'Chol Mashkeh Asher Yishaseh, Yitma" literally ("Yitma" but not 'Yetama'), both food and Keilim that touch Safek Tamei liquid are Tahor.

(d)Based on the above D'rashah, R. Yossi that someone who prepares a dough from one of two barrels of water, one of which is Tamei, and the other, Tahor, and he does not know from which barrel he took the water - the dough is Tamei (see Tos. Yom-Tov DH 'Keitzad ... ') but the vessel in which he kneaded it remains Tahor.

19)

(a)Still in connection with the list in Mishnah 7 (regarding 'Safek Yadayim ...' [see Tos. Yom-Tov]) - the Tana rules Tahor (see Tos. Yom-Tov), irrespective of whether the Safek is whether ...

1. ... one's Tahor hands touched Tamei food, whether ...

2. ... one's Tamei hands touched Tahor food or whether ...

3. ... one washed one's Tamei hands properly.

(b)He also rules Safek Tum'ah bi'Reshus ha'Rabim - Tahor ...

(c)... and he learns it from a Korban Pesach that the community brings be'Tum'ah (see Tos. Yom-Tov) - which is Tahor (even though the Tum'ah is Vaday), how much more so 'Safek Tum'ah bi'Reshus ha'Rabim' ...

(d)... and the same ruling applies to Safek Divrei Sofrim in general.

20)

(a)As examples of Safek Divrei Sofrim, the Tana cites someone who either eats Tamei food or drink, enters head and most of his body into a gathering of drawn water, or on to whose head there fell three Lugin of drawn water (see Tos. Yom-Tov). What all of these have in common (besides the fact that they are all considered a Sheini le'Tum'ah) is - that they are all part of the 'eighteen decrees' listed in Shabbos.

(b)The Mishnah rules - that a Safek Av ha'Tum'ah de'Rabbanan is Tamei

(c)Another example of this, besides Dam Tevusah (blood that flows from a person partially whilst he is still alive and partly after he died is - Nochrim (who, the Rabbanan gave the Din of Zavin).

(d)Terumah that had contact with a Safek Av ha'Tum'ah de'Rabbanan - must be burned.

(e)Nevertheless, the Tana ruled earlier that Safek Maga in a Beis ha'Peras, which is a Safek Av ha'Tum'ah de'Rabbanan, is Tamei, but is not burned - because it is a S'fek S'feika (since even Vaday Maga in a Beis ha'Peras is a Safek as to whether there the field contains a bone measuring a barley grain or not).

21)

(a)The Mishnah now defines 'Safek Chulin', 'Safek Sheratzim' and 'Safek Nega'im'. When the Tana defines 'Safek Chulin' in Mishnah 7 as 'Taharas P'rishus', he is referring to the principle 'Bigdei Am-ha'Aretz Medras li'Ochlei Terumah.

(b)The Safek is - if a Kohen or a Yisrael who eats his Chulin be'Taharah is not sure whether, or not, he touched a garment belonging to an Am-ha'Aretz.

(c)When he describes 'Safek Sheratzim as 'ke'Sha'as Metzi'asan', he means that if for example, someone throws a Sheretz among loaves and he is not sure whether, it touched them in passing or not, then if he finds them not touching, the loaves are Tahor.

(d)The principle 'Safek Nega'im Tahor' applies - only up to the time that the Kohen declares the person a Musgar.

22)

(a)The last three cases mentioned there are Safek Nezirus, Safek Bechoros and Safek Korbanos. The case of ...

1. ... 'Safek Nezirus is for example - if a person declared that himself a Nazir provided that the pile in front of him contained a hudred Sa'ah.

2. ... 'Safek Bechoros' is - if a person is a Safek whether he is a Petter Rechem (the firs to leave his mother's womb).

(b)This ruling applies to Safek Bechor Adam, Safek Bechor Beheimah Tehorah (see Tos. Yom-Tov) - and Safek Bechor Beheimah Temei'ah.

(c)This ruling is based on the principle - 'ha'Motzi me'Chaveiro Alav ha'Re'ayah'.

23)

(a)The Tana gives two cases of 'Safek Korbanos', one of them, a woman who has five Safek Leidos, the other - a woman who has five Safek Zivos (see Tiferes Yisrael).

(b)The woman is obligated to bring - one Chatas ha'Of (that is brought in the case of a Safek) ...

(c)... which permits her - to eat Kodshim and to enter the Beis-ha'Mikdash (see Tiferes Yisrael).

24)

(a)The current case is comparable to - someone who needs to Tovel for five different Tum'os, who is required to Tovel only once.

(b)The Chachamim were reluctant to permit even the one Korban - because it entails bringing a Safek Melikas Chulin to the Miozbe'ach.

(c)They nevertheless permitted it - to permit the woman to eat Kodshim.