Saturday, February 23, 2019

tamei tahor ritual purity - Does clay used as a foundation count as clay or as the ground?



The mishnah in Keilim 6:1 describes a stove made in two ways: a pot resting on three metal* pegs that are either (1) attached at the ground via clay, or (2) stuck into the ground. In the first case, the clay gives the stove the status of a "clay stove", which is susceptible to tumah, whereas in the second case, there is no susceptibility to tumah.



‮העושה שלושה פטפוטין בארץ, וחיברן בטיט להיות שופת עליהן את הקדירה: טמאה. קבע שלושה מסמרין בארץ להיות שופת עליהן את הקדירה: אף על פי שעשה בראשן מקום שתהא הקדירה יושבת, טהורה.


If he put three props into the ground and joined them [to the ground] with clay so that a pot could be set on them, [the structure] is susceptible to impurity. If he set three nails in the ground so that a pot could be set on them, even though a place was made on the top for the pot to rest, [the structure] is not susceptible to impurity. (translation from Sefaria)



Imagine a case where you create a clay foundation, strengthening the ground with clay (and leaving the clay flush with the ground). What would be the rule when pegs are stuck into such a clay foundation? Would it be considered as attached to the ground (and hence not susceptible to tumah) or as attached via clay to the ground (and hence susceptible)?




See also this question.


* I know that some commentaries read the initial sentence as referring to clay props, but I'm asking according to those who don't (or according to everyone, if the material doesn't matter). See also the tosefta Keilim BK 5:1 which seems to support a read of metal props.




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