Makhshirin, Chapter Three, Mishnah Eight

 

Mishnah Eight

1)      If one lowered wheels or the gear of oxen into water at the time of the hot east wind in order that they might become tightened, this comes under the law of ‘if water be put’.

2)      If one took down a beast to drink, the water which came up on its mouth comes   under the law of ‘if water be put’, but that which came up on its feet does not come  under the law of ‘if water be put’.

a)      If he intended that its feet should be washed, even the water that came up on its feet comes under the law of ‘if water be put’.

b)      At the time of footsoreness or of threshing it always causes susceptibility to uncleanness.

3)      If a deaf-mute, an imbecile or a minor took it down, even though his intention was that its feet should be washed, it does not come under the law of ‘if water be put’, because with these the act alone counts, but not the intention.

 

Explanation

Section one: The person brings some wooden wheels or oxen gear down to the river to soak them in water so that they will tighten (seems like this means to expand, thereby tightening the parts) because it is so dry outside.  The water that clings to them when he removes them will cause susceptibility to impurity. This is because he intended to use this water.

Section two: In this case he intended the water to go into the mouth of his beast, so it does causes susceptibility. But if he didn’t intend to wash off the animal’s feet, then the water attached to the feet does not cause susceptibility.

However, there are two occasions in which we assume that he wanted the feet to be washed off. First, if the animal has some affliction, “footsoreness,” then he must have wanted its feet to be washed off. Alternatively, when he is using the animal for threshing, it can be assumed that he wanted to cool down its feet and the water causes susceptibility.

Section three: These three categories of people are not legally capable of having intent. Therefore, in order for them to make the water cause susceptibility they would have to actually do something to the water, like put it in a bucket and then use it to wash the animal’s feet. Merely being happy that it washed off the animal’s feet is not sufficient.

 

    

 

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