Introduction The first six mishnayoth of this chapter contain ten disputes between Rabbi Dosa ben Harkinas and the Sages.
This is a complicated mishnah, which requires the knowledge of some rules before we begin to explain the details. 1) A corpse causes impurity in three ways: a) by contact, b) by being carried; c) by being under the same roof-space, referred to as a tent. 2) Certain parts of a dead body impart impurity even though there is not a full corpse. 3) In order for a part of a corpse to impart impurity it must have a minimum measure the size of an olive. 4) Tent impurity is contracted in three ways: i) If a corpse, or part thereof, is found under a roof structure, anything under that roof structure is impure. ii) If the corpse, or part thereof, is above a person or vessel, the corpse imparts impurity. iii) If the person or vessel is above the corpse, the person and vessel are impure. Our mishnah discusses the ability of two pieces of a corpse, that are smaller than an olive, to join together and make a piece of corpse larger than an olive and transmit impurity in different situations.
[In the case of] all things which cause defilement in a “tent”, if they [the pieces of the corpse] were divided and brought into the house, Rabbi Dosa ben Harkinas pronounces [everything under the same roof-space] clean, but the Sages pronounce it unclean. This is an introduction to the mishnah. Here we learn that if two pieces of a dead body smaller than an olive but together the size of an olive are found under one roof, Rabbi Dosa ben Harkinos declares that they do not join to impart impurity and the Sages declare that they do join.
How so? He who touches as much as two halves of an olive [in quantity] of an animal’s carcass or carries them; or in the case of a [human] corpse, he who touches as much as half an olive and stands over as much as half an olive; or touches as much as half an olive and as much as half an olive is above him; or if he stands over as much as two halves of an olive; or if he stands over as much as half an olive and as much as half an olive is above him Rabbi Dosa b. Harkinas pronounces him clean, and the Sages pronounce him unclean. The mishnah now goes over all of the different examples in which the Sages and Rabbi Dosa dispute. A. If one touches or carries two separate pieces of a dead animal, each the size of half an olive. Note that there is no tent impurity caused by dead animals, and therefore this example mentions only carrying and contact. B. If one touches a piece of corpse the size of half an olive and makes a tent, over another piece the same size (rule 4iii above). C. A person forms a tent over two half-olive size pieces of a corpse. D. A person forms a tent over one half-olive size piece of corpse and one half-olive size piece of corpse forms a tent over him. In all of these case Rabbi Dosa declares that the pieces of corpse do not join together.
But if he touches as much as half an olive [in quantity] and another thing was over him and over as much as half an olive; or if he stood over as much as half an olive and another thing was over him and over as much as half an olive, he is clean. In this section are listed two cases where the Sages would agree with Rabbi Dosa that he is pure. A. If one touches a half-olive size piece of corpse and something else forms a tent over him and a half-olive size piece, he is still pure. B. If one forms a tent over a half-olive size piece of corpse, and something else forms a tent over him and another half-olive size piece of corpse, he is still pure. The reason why in this case the Sages declare him pure is that the two types of impurity are of a different nature. When something forms a tent over a person and a piece of corpse that is considered to be tent impurity, whereas when a person forms a tent over a piece of corpse or a piece of corpse forms a tent over him, that is considered contact impurity. In the cases in section two, there were two kinds of contact impurity; hence the two half-olives joined to transmit impurity. In the cases in section three, one piece of corpse transmitted tent impurity and the other contact impurity. Hence the Sages agree that he is pure.
Rabbi Meir said: “Also in this case Rabbi Dosa pronounces him clean and the sages pronounce him unclean. In all such cases a man is unclean unless there is an act of touching and also an act of carrying, or an act of carrying and also [the fact of] being under the same roof-space.” Rabbi Meir holds that even in these cases the Sages would declare the person impure, and Rabbi Dosa would say he is pure. Rabbi Meir explains that according to the Sages tent impurity and contact impurity do join. The only type of impurity that does not join is contact impurity with carrying impurity.
This is the general rule: in whatever case the means of causing defilement are of one category, he is unclean; if they are of two categories, he is clean.” This is a general rule that summarizes the whole mishnah. Any time there are two pieces of corpse transmitting impurity, they join only if they are transmitting a type of impurity with the same name. According to Rabbi Dosa none of the three types of impurity, tent, carrying and contact join together. According to the first version of the Sages opinion, contact and tent impurity do not join. According to Rabbi Meir, contact and tent impurity join but carrying and contact impurity and carrying and tent impurity do not join. Congratulations! You just learned a very difficult mishnah. If you couldn’t follow all the details do not despair. This was probably one of the most complicated mishnayoth we have seen yet.