Eduyoth, Chapter Three, Mishnah Seven
Introduction
Mishnayoth seven and eight both list cases in which one Sage declares something
pure and the other Sages declare it impure.
Mishnah Seven
1) Four cases of doubt Rabbi Joshua pronounces impure, and the Sages pronounce
them pure.
One) How is this so?
a) If the impure person stands and the pure person passes by him;
b) or if the pure person stands and the impure person passes by him;
c) or if impurity is in the private domain and something pure is in the public
domain;
d) Or if something pure is in the private domain and something impure is in
the public domain;
Two) If it is doubtful [in all of these case] whether one touched or did not touch the
other, or if it is doubtful whether one formed a tent over the other or did not
form a tent over the other, or if it is doubtful whether one moved or did not
move the other—
Three) Rabbi Joshua pronounces such a case impure, and the Sages pronounce it pure.
Explanation
In this mishnah are listed four situations in which there is a doubt whether or not the
pure person was touched by the impure person, or one of them formed a tent over the
other (which would cause impurity to be transmitted, even without contact) or one of
them moved the other (which would also transmit impurity, even without contact). In
all of these situations Rabbi Joshua rules that the previously pure person is now
impure, whereas the Sages hold that he is still pure.
The cases are:
i + ii) A case where one of the people is moving and one is stationary. In this case
Rabbi Joshua pronounces the person impure due to the general rule that doubtful
cases of impurity which occur in the private domain are ruled impure. The Sages say
that he is pure. Although there is a general rule that doubtful cases of impurity that
occur in the private domain are ruled impure, this is true only when the pure and the
impure are either both moving or both stationary. If their status is different, then the
rule is not applicable.
iii + iv) The pure and impure are in different domains, one in the public domain and
one in the private domain. According to Rabbi Joshua, since at least one of the two is
in the private domain, he is impure, due to the above mentioned rule. According to
the Sages, since one is in the public domain, the rule that doubtful cases of impurity in
the private domain does not apply.