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Taharos Chapter 7, Mishnah 9: The Poor Man at the Loaves and the Neighbor at the Pot

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Taharos, Chapter 7, Mishnah 9. Throughout this chapter we have been dealing with the am ha'aretz, the person who does not guard tumah and taharah, and with the question of what we must assume he did when he was left unattended near food that we are careful about. The closing mishnah of the chapter brings two everyday scenes of exactly that kind, and they produce a machlokes between Rebbi Akiva and the Chachamim.

The first case: "Ha'ishah shenichnesah lehotzi pas le'ani," a woman went inside in order to bring out a piece of bread for a poor man. A poor man knocked at the door, she saw that he was hungry, told him to wait a moment, and stepped inside to fetch him something. "V'yatz'ah umtza'aso omed b'tzad kikaros shel terumah," she came back out and found him standing right next to the loaves of terumah. He is not holding them, and nobody saw him touch them; he is simply standing there beside them.

The second case: "V'chen ha'ishah sheyatz'ah umatz'ah es chavertah chosah gechalim tachas kederah shel terumah," and similarly, a woman who stepped out and found her friend, an am ha'aretz, raking the coals underneath her pot of terumah. The natural reaction is bewilderment: what business does she have tending my terumah pot?

So what is the din here? The mishnah simply records a dispute. "Rebbi Akiva metamei, vachachamim metaharin": in Rebbi Akiva's view the terumah has become tamei, while the Chachamim rule that it remains tahor. Note what the mishnah does not give us: the two verdicts are stated flatly, with no hint of the reasoning behind either one.

Precisely that gap is what the following line comes to fill. "Amar Rebbi Elazar ben Pilah": Rebbi Elazar ben Pilah is unwilling to leave a psak standing without knowing what lies beneath it, so he raises the question openly, "V'chi mipnei mah", for what reason? What drives Rebbi Akiva to a verdict of tumah here, and what brings the Chachamim to the opposite conclusion?

His answer: "mipnei shehanashim gargeraniyos hen," because women are gluttonous. "Shehi chashudah legalos es hakederah shel chavertah leda'as mah hi mevasheles," she is under suspicion of having lifted the lid off her friend's pot in order to find out precisely what she was cooking. Rebbi Akiva, on this reading, assumes that curiosity of that kind is strong enough that the neighbor would have no scruples about peeking into a pot that is not hers, and once she lifted the lid, her hands have rendered the terumah tamei.

That is quite a comment on the women of the time, but the halachic mechanics are what matter, and they yield two important consequences.

First, Rebbi Elazar ben Pilah says nothing whatsoever about the poor man standing beside the loaves. He explains only the case of the pot. That means he understands Rebbi Akiva as having spoken only about the pot as well. In other words, he disagrees with the way the tanna kamma presented the machlokes, which extended Rebbi Akiva's ruling to the case of the ani at the loaves too. According to Rebbi Elazar ben Pilah, Rebbi Akiva's suspicion is driven by a particular motive that exists with the neighbor and the pot, and it does not transfer to the hungry man at the door.

Second, according to this explanation of Rebbi Akiva, the pot is tamei only if it had been covered to begin with. The entire suspicion rests on the assumption that the curious neighbor uncovered it. If the pot was left open, there is nothing for her to uncover; she can satisfy her curiosity with a glance and has no reason to put a hand anywhere near the food. In that situation everything remains tahor even according to Rebbi Akiva.

With this, Chapter 7 comes to a close, having taken us through the many practical collisions between the person who guards taharah and the person who does not.