Rabbinic Concessions Haggigah 25 and 26

When discussing the laws of tumah, ritual unreadiness, and tahara, ritual readiness, we have to remember that there are two categories of people. The first group of people are called amei ha-aretz (singular am ha-aretz-עם הארץ) and they are not scrupulous in keeping the laws of tumah and taharah. Consequently, they are generally considered to be in state of ritual unreadiness and anything that they touch is also tamei (טָמֵא), ritually unready. The other group are called haverim (singular haver-חבר) and they are always scrupulous in keeping the laws of tumah and tahara. On dappim TB Haggigah 25 and 26 we learn that the rabbis made two concessions applying the rules of tumah and tahara.

The first case concerns a beit haperas and the Passover sacrifice. A beit haperas is a field that a body was buried and we do not know where the grave is. The farmer plowed the beit haperas and the fear is he unwittingly dug up the grave and scattered bone fragments. One becomes tamei by rabbinical decree by touching one of these bone fragments.

“Beit Shammai and Beit Hillel agree that one may examine the ground for those performing the paschal offering, but one may not examine the ground for those who eat teruma. The Gemara asks: What is the meaning of: One may examine? Rav Yehuda said that Shmuel said: A person may blow at the ground of a beit haperas and walk through it as he does so. A beit haperas is a patch of ground with a grave in it that was subsequently plowed over. The Sages were concerned that there might be small pieces of human bone scattered in the field, which would impart impurity to anyone moving them with his foot. Therefore, they decreed that whoever traverses such a field becomes impure. However, the Sages allowed one to pass through the field while maintaining his purity if he blows on the ground as he goes, the assumption being that any small pieces of bone would thereby be blown out of his path. This is the examination to which this mishna refers. The mishna teaches that this examination is sufficient to allow one to retain his purity as he goes to perform the paschal offering, but not to allow one to retain his purity with regard to the eating of teruma.And Rabbi Ḥiyya bar Abba said in the name of Ulla: A beit haperas that has been trodden by passersby who have beaten a path through it is considered pure for those who are on their way to perform the paschal offering, as the assumption is that no more bone fragments remain on the surface of the ground. The examination referred to in the mishna, then, is referring to ascertaining whether a particular beit haperas has been trodden or not. The reason for this leniency is that the impure status of a beit haperas is only a rabbinical decree, and the Sages did not uphold their words decreeing the field to be impure in a place where this affects one’s ability to perform a mitzva involving karet; and failure to bring a paschal offering is punishable by karet.

However, with regard to those who wish to eat teruma after traversing a beit haperas, the Sages did uphold their words decreeing the field to be impure in a place of a sin involving the punishment of death by God’s hand. The sin of eating teruma in a state of impurity is punishable by death by God’s hand, and the Sages were therefore strict in insisting that one not eat it after traversing a beit haperas.” (Sefaria.org translation)

The sages understood that the offering of the Paschal lamb was time sensitive. If they required the person who walked through a beit haperas to go through the seven day ritual to become tahor, ritually ready, they would be unable to celebrate Passover. Consequently, they made a concession by finding a way to allow the person to walk through the beit haperas and still be tahor.

The second case involves a small earthenware vessels.

“MISHNA: From Modi’im and inward toward Jerusalem, i.e., in the area surrounding Jerusalem, up to the distance of the town of Modi’im, which is fifteen mil from Jerusalem, all potters, including amei ha’aretz, are deemed credible with regard to the purity of earthenware vessels that they have produced. Because these places supplied earthenware vessels for the people in Jerusalem, the Sages did not decree impurity for them…(Gemara) A tanna taught in the Tosefta (3:33): All people, including amei ha’aretz, are deemed credible with regard to purity from Modi’im and inward only with regard to small earthenware vessels, and they may be used for sacrificial food. Since these small vessels were needed by all, the Sages deemed the amei ha’aretz credible concerning them. The amora’im discussed the meaning of the term small vessels. Reish Lakish said: It is speaking of those vessels that can be picked up in one hand, but no larger. And Rabbi Yoḥanan said: Even if they cannot be picked up in one hand, they can still be called small vessels” (Sefaria.org translation)

Rashi explains the reason for this concession due to Jerusalem’s zoning laws. The manufacturer of the earthenware was forbidden in Jerusalem because of the smog the kilns would produced. These small vessels were indispensable. If the small earthenware from outside Jerusalem were forbidden because they were considered tamei and could not be produce inside Jerusalem, the people were without the wherewithal to hold the sacrificial food. Consequently, the rabbis conceded and allowed small earthenware.