תּלמוד אויף במדבר 19:17

וְלָֽקְחוּ֙ לַטָּמֵ֔א מֵעֲפַ֖ר שְׂרֵפַ֣ת הַֽחַטָּ֑את וְנָתַ֥ן עָלָ֛יו מַ֥יִם חַיִּ֖ים אֶל־כֶּֽלִי׃

און מע זאָל נעמען פֿאַר דעם אומרײנעם פֿון דער אַש פֿון דעם פֿאַרברענטן רײניקאָפּפֿער, און אַרױפֿגיסן דערױף לעבעדיקע װאַסער אין אַ כּלי.

Jerusalem Talmud Shabbat

There exists a baraita which says, idols are like a menstruating woman and its appurtenances are like a menstruating woman. Also there exists a baraita which says, idols are like a menstruating woman and its appurtenances are like crawling animals53The first opinion is the teaching of R. Aqiba in the Mishnah, the second is ascribed to R. Aqiba in the Babli, Šabbat 83a.. The one who says, idols are like a menstruating woman and its appurtenances are like a menstruating woman, is understandable. But concerning the one who says, idols are like a menstruating woman and its appurtenances are like crawling animals, is it not called “unwell” only for its appurtenances54The full text of Is. 30:22, which is the base of R. Aqiba’s argument, reads: You will defile the cover of your silver statues and the clothing of your golden casts; you shall throw it away like feeling miserable, you shall call it excrement. Therefore the reference of “feeling miserable”, which is the description of a female period, refers to appurtenances only. The second version of the position of R. Aqiba seems untenable.? You will defile the coating of your silver gods and the clothing of your molten gold. Explain it if they were engraved on its body. Rebbi Jacob of Kefar Ḥanan said, explain it if one worships the ephod itself55The statue and its ornamental vestments were two separate objects of worship. Either explanation is possible., similar to what is written, Gideon turned it into an ephod56Jud. 8:27.. Our Mishnah follows him who said, idols are like a menstruating woman and its appurtenances are like a menstruating woman. But did we not state: “its stones, its wood, and its dust make impure like a crawling animal57Mishnah Avodah zarah 3:8. Since this sentence in the Mishnah precedes the statement of R. Aqiba who imposes the impurity of niddah also on the stones which form the shell of the house of worship but are not the object of worship.”? Explain it if he worshipped the house itself and then built it up. But did we not state “there are three houses”58Mishnah Avodah zarah 3:9. Only a house originally built as a temple is permanently forbidden; all others can be cleansed by removing the idol and all installations and ornamentations made for it. How could one decree severe impurity which can be easily eliminated?? Explain it if he worshipped the house itself and then renovated it, as Rebbi Abba, Rab Huna said in the name of Rav: One who worships a house makes it forbidden59Rav answers that even a house not built for worship becomes permanently forbidden as if it had been built as a pagan temple, if itself was worshipped. Babli 47b, Meˋilah 20a.. Rebbi Zeˋira, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody dedicates a house one does commit larceny with it. Rebbi Zeˋira said, about this the rabbis disagree. For him who says that he forbade it one may commit larceny with it, but for him who says that he does not forbid it, one does not commit larceny with it60One compares the rules concerning a pagan temple with those of a house dedicated to the Temple (Lev. 27:14–15). Improper use of dedicated things is larceny which must be expiated by a sacrifice and payment of a fine, (Lev. 5:14–16). Just as real estate cannot become forbidden by idolatry, larceny by improper use of dedicated objects does not apply to real estate. If a house is considered real estate, it cannot become forbidden by worship, and its improper use while in the possession of the Temple cannot trigger a fine for larceny. If it is not considered real estate since the building materials were movables before being used, but it can become forbidden and improper use can trigger the fine.? Rebbi Ḥaggai objected before Rebbi Yose, does not a Mishnah disagree with Rav? “A trough in a rock: one does not fill from it.61Mishnah Parah 5:7. The ashes of the Red Cow, used to purify a person from the impurity of the dead, must be strewn on flowing water in a vessel (Num. 19:17). A vessel is movable; therefore a trough hewn into the rock is not a vessel. The water flowing from the source into the trough becomes standing water. Therefore it may be used neither (1) to fill a vessel for the ashes, nor (2) to put some ashes in the water, “to sanctify it”, nor (3) to sprinkle the water on impure persons to purify them.
In addition, a corpse in a “tent” makes everything in the tent impure including the contents of vessels whose cover is not tightly fastened (Num. 19:15). Since the trough is not a vessel, if it is under one roof with a corpse it only needs to be covered but the cover does not have to be fastened.
A miqweh (ritual bath) has to contain 40 seah of water. It becomes invalid if 3 log (⅛ seah) of water from a vessel is poured into it before it has reached the level of 40 seah. If the trough is not a vessel, its water cannot invalidate the miqweh. On the other hand, if the trough was a vessel before it was fastened in the rock, it can be used for the ashes of the red cow, and its water will disqualify the miqweh.
Since a house was not a vessel before being connected to the ground, it should be considered real estate and not be subject to prohibition because of worship.
” Because he excavated it and after that combined it62A vessel which is permanently fixed to the ground remains a vessel and can become forbidden.. Then not if he fixed it and after that excavated it63A piece of loose rock which was cemented to the ground and then a trough was hewn from it does not become a vessel. Then why should a house become forbidden by being worshipped since it becomes a house only after being connected to the ground?. Is this house not as if he excavated it and after that combined it? What does Rav do with it? He explains that the hewing of stones is the completion of work on them64It is true that a finished house not built as a temple cannot become forbidden. But if the finished stones for a stone building were worshipped before being cemented in the house they already are forbidden and do not become permitted by use as building blocks.. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, an idol which was broken is forbidden. And so we are thinking to say if in the future he cannot restore it in its entirety it is permitted according to everybody65The statement of R. Simeon ben Laqish and the opposing statement of R. Joḥanan only refer to situations where it is not clear whether the idol can be restored or not.. But did we not state, “there are three kinds of stones”66Mishnah Avodah zarah 3:10.? Explain it that he worshipped every single stone and then builds with them67Then each individual stone remains forbidden; there is no contradiction to the Mishnah.. Even with Rebbi Simeon ben Laqish this does not disagree, as Rebbi Simeon ben Laqish said, an idol which was broken is permitted68Babli Meˋilah 20a.. And so we are thinking to say if in the future he can restore it in its entirety it is forbidden according to everybody, and Rebbi Yudan, the father of Rebbi Mattaniah, said, if they remain in their place is this not as if in the future he can restore it in its entirety? And these remain at their place. Rebbi Abba in the name of Rav, one who worships a house makes it forbidden59Rav answers that even a house not built for worship becomes permanently forbidden as if it had been built as a pagan temple, if itself was worshipped. Babli 47b, Meˋilah 20a., a tree he does not make forbidden. But did we not state, “there are three kinds of Ashera69This refers to a holy tree which is worshipped as Ashera (Mishnah Avodah zarah 3:11) but no idol is found buried under it. Then as connected to the ground it should not be part of the real estate and not be forbidden. It becomes permanently forbidden only if it was planted as a holy shoot.”? Explain it that he worshipped a vine and then planted it.
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Jerusalem Talmud Terumot

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Mishnah teacher17He holds that incompetents may separate heave under the direction of a competent person.. How is that? It turns out that Rebbi Joḥanan concerning heaves parallels Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa concerning sanctification, and Rebbi Joḥanan concerning divorces parallels the rabbis concerning sanctification, as we have stated18Tosephta Parah 5:7 reads: “Everybody is able to sanctify except the deaf-mute, the insane, and the minor; but R. Jehudah approves of the minor. R. Ismael, the son of R. Joḥanan ben Beroqa says that the sanctifications of a deaf-mute person, an insane, and a minor, who sanctified in the presence of others, are valid. The sanctification by a sexless person is invalid, for he is possibly uncircumcised, and an uncircumcized person cannot sanctify. The sanctification by a hermaphrodite is valid but R. Jehudah declares it invalid since he possibly is a woman and a woman does not qualify for holy matters.”
All this refers to the purification from the impurity of the dead, which needs sprinkling with fresh water to which a minute amount of the ashes of the red heifer must be added. The act of taking the ashes and putting them into a vessel filled with fresh water is called “sanctification.” It is a sacral act (Num. 19:17) and as such needs the intent of the person executing it. R. Ismael, the son of R. Joḥanan ben Beroqa, applies the principle that for obligations for which “thought” is implied by the verse but not spelled out explicitly, actions may prove intent.
{A sexless person is one without testicles or female sex characteristics. He might be a male with undescended testicles. The hermaphrodite has a penis and testicles as well as female breasts and a vagina; he must be circumcised. The exclusion of women by R. Jehudah is rejected by the rabbis; women nevertheless may not sprinkle since the verse (Lev. 19:18) requires this to be done by “a pure male.”}
The seeming inconsistency in the positions of R. Joḥanan is not resolved. {If one assumes that R. Joḥanan agrees with the position of Samuel (Note 14) there is no inconsistency since he will agree that the incompetent may write only the inconsequential parts of the divorce document.}
: “The sanctifications of a deaf-mute person, an insane, and a minor who sanctified are no sanctifications. Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa says, if they are alone, their sanctifications are no sanctifications. Together with others, their sanctifications are sanctifications.”
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Jerusalem Talmud Shekalim

It is written60Sach. 14:8., on that day, fresh water will flow out from Jerusalem, etc. It was stated: From the Holiest of Holies to the gobelins like the feelers of silai and bilai61These seem to be tiny insects, not further identified.. From the gobelins to the golden altar like the horns of locusts. From the golden altar to the courtyards like a shut-thread, from the courtyards to the threshold of the Temple like woof-thread, from there onwards like the pouring from a jug: behold, water drizzled from the right hand side62Ez. 47:2. (Yoma77b–78a).. It is written63Ez. 47:3–5. Tosephta Sukkah3:3–7., when the man left towards the East, with a measuring rod in his hand, he measured a thousand cubits and made me cross the water, ankle water. Up to his ankles. Then he measured another thousand cubits and made me cross the water, knee water. Up to his knees. Then he measured another thousand cubits and made me cross the water, hip water. Up to his hips. From there on, then he measured another thousand, a river which cannot be crossed. Even a large Liburnian64Latin liburna(sc. navis), the standard fast commercial sail ship. could not cross it. What is the reason? No mighty ship may cross it65Is.33:21.; why? The water was high, swimming water66Ez. 47:5. The word has to be explained since in common usage שיט, not שחה, was used for “to swim”.. What is “swimming water”? Where one swims. Rebbi Ḥuna said, in our place one calls the swimmer seḥuna. He moves his hands in himself, as a swimmer would move to swim67Is. 25:11.. What means “to swim”? Rebbi Yose ben Rebbi Abun said, in unruly water68Explanation of the verse; the movements referred to are those of a desperate person.. It is written69Sach. 13:1. It is presumed that the prophesies of Ezechiel and Sachariah refer to the same matter and one may be used to explain to other.: On this day, a water-source will be opened for the House of David and the dwellers in Jerusalem, for purification and impurity. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: From the House of David70The Temple. to the dwellers in Jerusalem it is qualified for impurity and purification71“Purification” here means water with ashes of the Red Cow, used to purify from the impurity of the dead, which in Num. 19:9 is called “purification”.. Farther away it is mixed water, qualified for impurity but disqualified for purification72Only spring water is qualified as “purification,” Num. 19:17. All other impurities are removed by immersion in a miqweh, which may contain any kind of water, including rain water.. Rebbi Eleazar said, from the House of David to the dwellers in Jerusalem it is qualified for impurity and purification. Farther away it is water running down73Greek καταφερής, -ές adj. “inclines downwards”, used in the sense of “rapidly flowing water”., disqualified for impurity74Since a miqweh is a “collection” of water, it cannot be a waterfall (or any shower). The same holds for rapidly flowing water; Mishnah Ṭahorot8:9. and purification.
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