This Week's Article

Tumah in the Ceiling

Ohalot (6:5) | Yisrael Bankier | 21 hours ago

In the sixth perek we learnt about cases where a kezayit from a met was in various different cavities in a building and determined how it would spread by way of tumat ohel. The fifth Mishnah discusses a case where the tumah was found in the ceiling or flooring between two different floors. The specific case is where the ceiling is constructed with crossbeams and the tumah was found between those beams with only a very thin layer of plaster cover beneath it.¹

The Mishnah teaches that if in the space where the tumah was found, there was a space the width and height of a tephach, both floors would be tameh. That is because the location would be defined as a kever satum, which as we have learnt, would make any adjoining ohalot tameh. If however, there was less than that space, then it would be considered atum. We shall try to understand what that means.

The Bartenura explains that in that case, the tumah would not make the house, the bottom floor, tameh, it would instead make tameh anything above. In other words, it would spread directly upward, and then, by virtue of being in an ohel there, that entire floor would be tameh. This is also the position of the Rash. The Rosh however asks that when it comes to tumah retzutza it spreads both upward and downward. Why should the tumah be limited to the top floor?

The Tosfot Yom Tov, notes that indeed with tumah retzuta, it spreads both up and down. Nevertheless, the bottom floor in this case would remain tahor. He explains that since the ceiling of the bottom floor, which is below the tumah, is considered an ohel in its own right, it would prevent the tumah from reaching to the bottom floor. He explains that this is the Rambam's position.

The Mikdash David (Ohalot 2) elaborates that the roof of an ohel can prevent the tumah from spreading but not the floor of an ohel. That is why in this case the tumah can spread upward but not down to the bottom floor.

The Tosfot Yom Tov also cites the Maharam who initially explain the Mishnah like this, however later explains that the tumah would also spread down to the bottom floor and make the entire floor tameh. If that is the case, what is the difference between this case and the first case where there was a tephach space. In both cases, both floors are tameh. The Tosfot Yom Tov explains that in the first case, where it is defined as a kever satum, it would also make the walls of the building -- the walls of these adjoining ohalot -- tameh.

The Mikdash David however cites the Rambam who maintains that in this case, anything directly above or below the tumah would become tumah, but not everything in the two floors. Why?

The Mikdash David makes two points. The first is regarding the status of this unique location of between the crossbeams. The tumah is not considered inside the house, otherwise everything in the house would be tameh. However, it is not considered fully outside the house, otherwise the levels in this ceiling/floor would stop the tumah from reaching the two floors. However back to our question, if the tumah retzuta can reach the two floors, why then is the entire floor not tameh? He suggests that this is because the source of tumah itself is not in those spaces. The novelty of tumah retzutza is that it is as if one is touching the tumah itself. It is indeed like there is a pillar of tumah above and below the source of tumah, but that pillar cannot spread in an ohel. This is much like the law of a cherev that we have seen previously. Even though it can also be an avi avot ha'tumah having come into contact with a met, that is only with respect to direct contact. Only the met itself can spread tumah under an ohel.

¹ Normally above those crossbeams, there would be a layer of floorboards upon which a layer of plaster would be placed.

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