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Chachomim: An unintentional Ohel is still an ohel. Rabbi Yehuda: an unintentional ohel is not an ohel. Rabbi Yehuda learns this from the mishkan which is called an ohel and it was intentional*.

Summary

The Chachomim explain: Since the word ohel is repeated in the Torah, it comes to include any type of ohel.

Challenge: Does Rabbi Yehuda hold that an unintentional ohel cannot be considered an ohel? We learned:

There were courtyards in Yerushalayim built on rock atop caves because of graves in the depths (the parah adumah had to be done in complete purity, these courtyards were built above a hollow so that even if there was a grave somewhere in the depths below, the hollow would not allow the tumah to rise). Pregnant women would be brought there to give birth (these children would be completely protected from tumas meis) and these children would be brought up there for the service of the Parah Adumah. They would bring oxen with doors on their backs and the children would sit on these (as if on a sedan. This was done so that the doors would make an ohel and interven between the children and any potential tumah) holding stone cups (which aren’t mekabel tumah). When they arrived at the Shiloach the children would enter the water and fill their cups. They would then ride back sitting on the doors of the oxen.

Rabbi Yosi: They wouldn’t enter the water, rather they would lower their cups and draw water with ropes, in case there’s a grave under the stream.

Beraisa: Rabbi Yehuda: Doors were not necessary, the children would sit on oxen, and the oxen would intervene between the child and the tumah.

But an ox is an ohel that was not intentionally made by man, which should not be an ohel according to Rabbi Yehuda?!

When Rav Dimi came, he quoted Rabbi Elazar: Rabbi Yehuda agrees that if an ohel is a full fist (more than a tefach), even an unintentional ohel is significant (Thus an ox can be considered an ohel).

We learned a beraisa also thus:

Rabbi Yehuda agrees with regard to an arcade or an erosion in rocks [since these are big hollows, they’re considered ohalim].

Click here to listen to the shiur with Tosfos:

https://drive.google.com/file/d/1-H0O2CJl0L-0BVA85VgRBSliDZ8C2AAd/view?usp=sharing

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* Tosfos : Then an ohel should have to be made of pishtan too, as we learn in Shabbos? Tosfos answers that we learn other materials from Metzora. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate