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CHAGIGAH 20

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SUMMARY The Tana'im disagree about the status of a person who guards his Chulin from Tum'ah as if it was Kodesh. (1)   If a person's cloak fell and he asks his friend to hand it to him, the cloak must now be regarded as being Tamei. (2)   If a person took his Shabbos clothing thinking that it was his weekday clothing, the clothing must now be regarded as being Tamei. (3)   There was an incident in which two women mixed up their clothing in the bathhouse. Rebbi Akiva ruled that their clothing is Tamei. (4)   If one guards a jug from Tum'ah, thinking it is wine and it is actually oil, it is Tahor. (5)   If a person inserts his hand into a basket that is on his shoulder with intent to guard the basket but not the machete inside the basket, the basket is Tahor and the machete is Tamei.   A woman came in front of Rebbi Yishmael and said, "I weaved a garment in a state of Taharah, but I did not have intent to guard it." Upon inquiries from Rebbi Yishmael, she eventually recalled that a Nidah pulled the rope with her.   A woman came in front of Rebbi Yishmael and said, "I weaved a napkin in a state of Taharah, but I did not have in mind to guard it." Upon inquiries from Rebbi Yishmael, she eventually recalled that she tied a knot in a thread with her mouth.   If a person's workers carry food or wine that is Tahor, and he had been Metaher the workers, even if the employer was quite a distance away he may rely on the fact that they do not allow anyone else to touch the food or wine, and thus it remains Tahor.   If a person told his workers that he will be arriving only later, he may not rely on the workers, and the food or wine that they are carrying must be regarded as Tamei. A BIT MORE 1. Tana Kama of Beraisa: His status is no different from anyone who eats Chulin. Rebbi Elazar bar Tzadok: He has the status of a Kohen who eats Terumah. Tana of our Mishnah: He has the status of a person who eats Kodesh.   2. This is because a person does not guard from Tum'ah an item that is in his friend's hand.   3. This is because a person generally guards his Shabbos clothing more carefully than his weekday clothing. Since he confused it with weekday clothing, he was not watching it as carefully as he usually does.   4. This is because each woman regards her friend as the wife of an Am ha'Aretz and does not trust her to guard the clothing properly.   5. If he guards it only from Tum'ah and not from becoming Pasul, it would be prohibited to eat the oil.

BRIEF INSIGHT The Mishnah says that utensils that were completed b'Taharah require immersion for Kodesh but not for Terumah. According to Tosfos, the reason why the Mishnah says that they were "completed" b'Taharah and it does not say that they were "made" b'Taharah is that a person generally does not guard the utensil from becoming Tamei until it is almost completed, since a utensil become susceptible to Tum'ah only upon completion. The Turei Even infers from Tosfos that even if the utensil was guarded from Tum'ah initially, it would still be regarded as Tamei for Kodesh. This is a very problematic implication, because this means that an earthenware utensil may never be used for Kodesh, even if it was guarded initially from Tum'ah. Since a utensil is regarded as Tamei as soon as it is completed regardless of how long it was guarded, and earthenware utensils cannot be purified in a Mikvah, they may never be used for Kodesh. However, the Mishnah in many places mentions that an earthenware utensil is used for Kodesh. Therefore, the Turei Even concludes that if an earthenware utensil is guarded from Tum'ah at the very beginning of its formation, then it is regarded as Tahor even for Kodesh. QUICK HALACHAH If a person's workers carry Taharos and travel ahead of him, even if they are more than a Mil's distance ahead of him the Taharos are regarded as Tahor. The workers are afraid to touch the Taharos because they think that their employer is coming at any minute. However, if he tells his workers that they should go first and he will arrive later, as soon as they are out of his sight the Taharos are regarded as Tamei. (Rambam, Hilchos Metam'ei Mishkav u'Moshav 13:5)

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