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Nidah 28

1. A DISINTEGRATED "MES"
   • Question: Rav Yochanan rules that even if a Mes was totally disintegrated, it is still Metamei. Reish Lakish rules that such a Mes is Tahor. The Gemara suggests that Rav Yochanan learned his ruling from the words of Rebbi Eliezer, who rules that ashes of a Mes are Metamei.

     The Mishnah in Ohalos which quotes Rebbi Eliezer concludes by quoting the opinion of the Chachamim who rule that ashes of a Mes are in fact Tahor. If so, why did Rav Yochanan rule against the Chachamim in favor of Rebbi Eliezer? Furthermore, Rav Yochanan questioned what Reish Lakish's source was for ruling that a disintegrated Mes is Tahor. What is Rav Yochanan's question? The source would seem to be clear - - Reish Lakish rules in accordance with the Chachamim who argue on Rebbi Eliezer!

   • Answer:
     1. TOSFOS (DH Mes) answers that Rav Yochanan understood that even the Chachamim who argue on Rebbi Eliezer, agree in principle that a totally disintegrated Mes is Tamei. They rule nevertheless that ashes of a Mes are Tahor, since ashes are even less substantial than a disintegrated body and are not considered a Mes at all. They are like dust.

     2. TOSFOS suggests another answer: Rav Yochanan understood that the Chachamim generally agree that a totally disintegrated Mes is Metamei. They only argue with Rebbi Eliezer in a case where some of the disintegrated remains of the Mes were no longer present.

     3. The RAMBAM rules like Reish Lakish, that a disintegrated Mes is Tahor. The Kesef Mishnah explains that while Rav Yochanan understod the argument between the Chachamim and Rebbi Eliezer in one of the two above mentioned ways, nevertheless the Gemara rejects this understanding of the Tana Kama and explains that Rav Yochanan's ruling follows the opinion of Rebbi Eliezer and not the Chachamim. We therefore rule like Reish Lakish, since the Gemara understood Reish Lakish to be expressing the opinion of the Chachamim of Rebbi Eliezer.

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