A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Nidah 4A - 4B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
April 28, 2008
Duration
47:59

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

The Gemara introduces a case: one had pure items, called Taharot, in one corner of a container. After removing the Taharot, a rodent (Sheretz) was found in another corner of the same container. Chizkiya rules that we do not assume the Sheretz touched the original Taharot, and thus the Taharot remain pure. Rabbi Yochanan, however, contends that we must assume a problem, rendering the Taharot impure.

The Gemara questions this dispute. We learned previously that Beit Shammai and Beit Hillel, despite their disagreement regarding a woman who becomes impure (Nida) and whether her impurity is retroactive, agree in the case of a container with a solid base (Kupah) where the Sheretz could not escape. In such a case, all agree that the impurity is retroactive. If so, why do Chizkiya and Rabbi Yochanan dispute this very scenario? The Gemara offers several answers.

The first answer distinguishes between types of containers. Beit Shammai and Beit Hillel's agreement applies to a container with a base (Shulayim), where a Sheretz, if present, would have remained. In this situation, if a Sheretz is found, it is assumed to have been there retroactively, rendering the Taharot impure. The dispute between Chizkiya and Rabbi Yochanan, however, pertains to a container without a base. Such a container, like a barrel, would be used on its side. When emptying it, one would tilt it, causing all contents, including any Sheretz, to slide out. Chizkiya argues that if a Sheretz were present when the Taharot were removed, it would have come out with them. Since it was found only afterward, it must have entered later, and thus the Taharot remain pure. Rabbi Yochanan, conversely, argues that even in a baseless container, if there are ledges (Oganim) or rims, a Sheretz could get stuck and remain. Therefore, if a Sheretz is found, it is assumed to have been there from the beginning, rendering the Taharot impure retroactively.

The Gemara then presents a parallel case: a person drawing water from a well into a large barrel using a pitcher. After drawing water ten times, a Sheretz is found in the pitcher. The question arises: was the Sheretz there from the beginning, rendering all the water in the barrel impure, or did it enter only now, making only the current pitcher of water impure? The ruling is that only the current pitcher is impure, and the water in the barrel remains pure. This applies when the pitcher has no ledges, as a Sheretz would have fallen out otherwise. If the pitcher had ledges, then it would be assumed the Sheretz was there from the beginning, getting stuck each time, making all the water impure. The Gemara asks how Chizkiya could agree to this ruling regarding water, given his stance on the container of Taharot. In the container case, even with ledges, Chizkiya said the Sheretz would have come out. Here, regarding water, he would seemingly have to agree that ledges allow the Sheretz to remain.

Two differences are offered to reconcile Chizkiya's view: First, water flows out easily, requiring only a slight tilt, allowing a Sheretz to remain caught by ledges. Taharot, such as fruits, require a complete tilt to empty, ensuring any Sheretz would also exit. Second, when emptying water, some water may remain, potentially holding a Sheretz in place by the ledges. When emptying Taharot, which are valuable, one ensures everything is removed, leaving no Sheretz behind.

The second answer to the initial question (the dispute between Chizkiya and Rabbi Yochanan vs. Beit Shammai and Beit Hillel's agreement) is that Beit Shammai and Beit Hillel's agreement applies to a container that was never checked for a Sheretz before the Taharot were placed inside. In such a scenario, one must assume the Sheretz was there from the beginning, making the Taharot impure retroactively. The dispute between Chizkiya and Rabbi Yochanan, however, concerns a container that was thoroughly checked beforehand and found to be free of a Sheretz. In this case, Chizkiya would argue that the Sheretz must have entered after the Taharot were removed. Rabbi Yochanan would counter that even if checked, if one's hand was removed from the container, the Sheretz could have fallen in immediately after, still rendering the Taharot impure.

The Gemara raises an objection: the case of the container is compared to a woman who becomes impure (Nida). A woman who handles Taharot performs ritual checks (Bidikot) in the morning and evening. Therefore, she is considered "checked." If so, how can the container case be one where there was no check, if it's analogous to a checked woman? The Gemara responds that a woman, being prone to seeing blood, is considered as if she is "not checked" for the purpose of retroactivity, despite her actual checks. This explanation is then challenged, as it implies Chizkiya would still rule leniently in the Nida case, which is problematic.

The third answer to the initial question is that Beit Shammai and Beit Hillel's agreement applies to an open container, where a Sheretz could fall in at any moment. Thus, if a Sheretz is found, it is assumed it could have fallen in earlier, making the Taharot impure retroactively. The dispute between Chizkiya and Rabbi Yochanan, however, concerns a covered container. If it's covered, how did the Sheretz get in? It must have been opened to place or remove items. Chizkiya would argue that since it was covered, the Sheretz must have entered only after the Taharot were removed, as one would be careful to cover it when Taharot are inside. Rabbi Yochanan would contend that even with a cover, the Sheretz could have entered when it was briefly uncovered.

The Gemara objects again, noting that the Nida case, to which the container is compared, is like a "covered" entity, as blood originates from within. If so, why is there agreement in the Nida case that impurity is retroactive, if in a covered container there is a dispute?

The fourth answer to the initial question is that Beit Shammai and Beit Hillel's agreement applies to a container that remained stationary, with the Sheretz found in a different corner of the same container. The dispute between Chizkiya and Rabbi Yochanan, however, concerns a container that was moved from one corner of the house to another. Taharot were in the box in the first corner, then removed. The box was moved to a second corner, and a Sheretz was found there. Chizkiya maintains that we do not assume impurity transfers from one location to another (Ein Mechazkinan Tumah Mimakom L'makom). Since the Sheretz was found in the second location, we do not assume it was in the first location with the Taharot. Rabbi Yochanan disagrees, holding that we do assume impurity transfers (Mechazkinan Tumah Mimakom L'makom), meaning the Sheretz could have been there from the beginning, even in the first location.

The Gemara challenges Rabbi Yochanan's principle from a different case: A person touches someone sleeping at night, unsure if they are alive or dead. In the morning, the person is found dead. The rule is that all cases of impurity are judged by their state when found (Kish'at Mitziatan). Since the person is found dead (impure), it is assumed they were dead when touched. However, this rule applies only if the person was found in the same place where they were touched. If touched in one room and found dead in another, we do not assume retroactivity, as someone might have moved the body. This seems to support Chizkiya's view that impurity does not transfer from place to place. The Gemara clarifies that this ruling applies even to definite impurity (Vada'i Tumah), not just doubt (Safek).

Another challenge to Rabbi Yochanan's principle comes from the case of a needle (Mahat) that was impure but then broke or rusted, losing its status as a needle and thus its impurity. If it was touching sacred food (Terumah) and then broke, but it's unknown when it broke, the Terumah remains pure. This is because the needle, when found, is pure (broken), and we judge by its current state, even if it might have been impure earlier. This again suggests that impurity is not assumed retroactively, especially if the item's status has changed. Similarly, if a burnt Sheretz (which is not impure) is found on olives, the olives are pure, even if the Sheretz might have been unburnt (impure) earlier. These cases reinforce that we judge by the state when found, and only if the item remained in the same place.

The Gemara then presents a case of bread (Kikar) on a ledge, next to an impure cloth (Madaf) on the floor. The bread falls to the floor. We do not assume it fell onto the impure cloth and then rolled away. Instead, we assume a person moved it directly to the floor next to the cloth, so the bread remains pure. This is a case where we do not assume impurity from place to place, and even assume human intervention to preserve purity. This seems to contradict Rabbi Yochanan. The Gemara responds that human intervention (Adam de b'kavana amrinan) can be assumed when a person acts with intent to prevent impurity, but not for a Sheretz (Orev de lo b'kavana lo amrinan), which acts without intent.

The Gemara then questions the bread case: if it's a doubtful impurity in a private domain (Sefek Tumah b'Reshut Yachid), the rule is that it's impure (Sefekot Tamei). Why is the bread considered pure? The answer is that this rule applies only to things that can be questioned (Da'at Li'sha'el), like a Sotah (a woman suspected of adultery). Since bread has no intelligence to be questioned, the rule of doubtful impurity in a private domain being impure does not apply. A second answer is that the impurity of the cloth (Madaf) was only a rabbinic stringency (Tumah d'Rabbanan), and rabbinic doubts are treated leniently (Sefekot Tahor).

Revisiting the Rabbi Yochanan vs. Chizkiya dispute, the Gemara concludes that Rabbi Yochanan's principle of assuming impurity transfers from place to place (Mechazkinan Tumah Mimakom L'makom) applies to biblical impurity (Tumah d'Oraita), while the cases cited as challenges (needle, burnt Sheretz, bread) might involve rabbinic impurity or situations where human intervention is assumed.

The discussion shifts to a Mishnah concerning a woman who becomes impure (Nida) and the retroactivity of her impurity. Beit Shammai states that her impurity is not retroactive; only items touched from the moment she discovered the blood become impure. Beit Hillel rules that her impurity is retroactive to her last ritual check (Bidikah). If she checked on Sunday and found blood on Thursday, all Taharot she touched from Sunday morning until Thursday are impure. The Rabbis offer a compromise: they do not agree with Beit Shammai's leniency, as it lacks a safeguard (Siyag), nor with Beit Hillel's stringency, which is an exaggeration (Ma'friz Midotav). Their rule is that impurity is retroactive for a maximum of twenty-four hours (Me'et L'et), or to her last check, whichever is shorter. For example, if she checked Sunday morning and found blood Thursday, she is only retroactively impure until Wednesday morning (24 hours before discovery). If she checked Thursday morning and found blood Thursday night, she is only impure from Thursday morning. The Gemara asks for the Rabbis' reasoning for the 24-hour rule. Initially, it's suggested she would have felt the blood earlier. This is rejected as insufficient, as it would imply no retroactivity at all. The true reason is a rabbinic decree (Takana). A woman dealing with Taharot must check herself every morning (Shacharit) and every evening (Arbit). The morning check purifies her actions from the previous night, and the evening check purifies her actions from the day. If she fails to perform these checks, she is penalized. If she checks in the morning and is pure, but fails to check in the evening, and then finds blood, she is penalized by losing two "Onahs" (periods of day or night), totaling 24 hours. This means she is retroactively impure for the current day and the preceding night. This penalty is a "Knas" (fine) for not following the rabbinic decree.

The Gemara then challenges the idea that the maximum penalty is two Onahs (24 hours). What if a woman did not check for several days, and then checked on Tuesday afternoon and found blood? In a 24-hour period, depending on when the check is made, there can be three Onahs (e.g., Tuesday afternoon, Monday night, Monday day). Why is she only penalized for two Onahs? Two answers are given: First, the Rabbis established a general rule of "Me'et L'et" (24 hours), and it applies regardless of whether it encompasses two or three Onahs. Second, if she was prevented from checking earlier, she is not considered a "sinner who benefits" (Chotei Niskar), and thus only the two Onahs are applied. However, if her delay was due to negligence, she is penalized for all three Onahs to prevent her from benefiting from her delinquency.