Page:New Edition of the Babylonian Talmud (Rodkinson) Volume 6.pdf/227

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TRACT HAGIGA (HOLOCAUST).
51

regard to earthenware vessels; from Modiim and outwards they are not believed. How so? The potter who is selling the pots goes inwards from Modiim. That is the potter, and those are the pots, and those are the buyers. He is believed. If he goes out, he is not believed.

GEMARA: We have learned in a Boraitha: The place of Modiim itself is sometimes considered within and sometimes without. How so? When the potter goes out, and the merchant goes in, it is considered within. Both go in, or both go out, it is considered without. Said Abayi: We have learned the same in our Mishna, viz.: The potter who sells the pots and goes inwards from Modiim. What about Modiim itself? Is it not believed? Then how is the latter part: When he goes out he is not believed? From this we may infer that Modiim itself is believed. Hence the case is as stated in the Boraitha. Infer therefrom.

MISHNA: The tax collectors who have gone into the midst of a house, and so too the thieves that have restored the vessels, are believed when they say: We have not touched. And in Jerusalem they are believed as regards sacred things, and at the time of a feast as regards heave-offering also.

GEMARA: There is a contradiction from the following Boraitha: In the case of the tax collectors who have gone into the midst of the house, the whole house is unclean? There is no difficulty, The one is when there is a Gentile with them; the other is when there is not a Gentile with them. For there is another Mishna: If there is a Gentile with them, they are believed when they say, We did not enter; but they are not believed when they say, We entered, but we did not touch. And if there is a Gentile with them, what of it? R. Johanan and R. Elazar: One says that they fear that the Gentile should not punish them, and the other says that they fear that the stranger should not give them away to the government. What is the difference between them? A Gentile who is not of importance.

"And so too the thieves," etc. There is a contradiction from the following Boraitha: In the case of the thieves who have gone into the midst of the house, only the place where the thieves' feet trod is unclean. Said R. Pinhas in the name of Rabh: They are to be believed only in the case they have repented. It seems that our Mishna intended the same thing, for the statement is: Who have restored the vessels. Infer from this.