Talmud su Deuteronomio 21:23

Some want to derive it from the following: “For a hanged person is blasphemy.⁹Deut. 21:23: “You may not leave his corpse on the gallows overnight, but bury, you shall bury him on that day, for a hanged person is blasphemy …”” Anybody warned about blasphemy is warned about a corpse of obligation. Anybody not warned about blasphemy is not warned about a corpse of obligation¹⁰This means that the details of the rules for burials apply only to Jews to whom the details of the rules of blasphemy apply.. They objected, are there not Gentiles¹¹The prohibition of blasphemy is part of the “natural law” given to Adam and Noaḥ (Tosephta ‘Avodah zarah 9:4, Babli Sanhedrin 56a/b).? Those executed by hanging, this exludes those executed by the sword¹²The only method of execution recognized for Gentiles, Babli Sanhedrin 57a.. “Bury!” A positive commandment¹³This is a shortened version of the explanation in Sifry Deut. 220: “You may not leave his corpse on the gallows overnight,” a prohibition, “but bury!”, a positive commandment. A biblical commandment which is both positive and negative is the strongest of all commandments and will supersede opposing simple positive or simple negative commandments (Babli Yom Ṭob 8b, severely restricted in Yebamot 3b/4a) if written in the same verse (Yerushalmi Yom Ṭob 1:3, Ḥallah 2:1, Note 10, unrestricted).. From where do you add the sword he was killed with, the gallows on which he was hanged, the towel with which he was strangled? Why does the verse say, “you shall bury him”? I could think he alone is buried; the verse says “bury, you shall bury him”, a burial for him, and his gallows, and his stone¹⁴Quoted in the Babli, Sanhedrin 45b.. How does one do it? One digs down three [handbreadths], so the plough shall not unearth him. “You shall bury him”, whole and not partially. “You shall bury him”, from here that if he left anything [unburied], he did not do anything, for it is said “bury, you shall bury him”. From here that it is not a corpse of obligation unless it consists of his head with most of the body.

It is written: “The King said, I shall give⁷³Here ends the Genizah fragment..” “The King took the two sons of Riṣpah bat Ayah whom she had born to Saul, Admoni and Mephiboshet⁷⁴2S. 20:8. In the MT ארמני, not אדמוני. The verse ends: “And the five sons of Mikhal, Saul’s daughter, which she had borne to Adriel ben Barzilai from Meḥolah.” Adriel’s wife was Merab, Saul’s elder daughter (1S. 18:19).,” etc. “Michal, Saul’s daughter, did not have a child until the day of her death,⁷⁵2S. 6:23. In the opinion of the Yerushalmi (Sukkah 5:4, 55c 1. 22; Sanhedrin 2:4, 20b 1. 57) she died in childbirth. In the opinion of the Babli (Sanhedrin 21a) she earlier had a child in Hebron.” and you say so? Say now that they were sons of Merab but Michal raised them, so they were named after her. “He gave them into the hand of the Gibeonites who hanged them on the mountain before the Eternal; all seven fell together.⁷⁶2S. 20:9.” Defective without י⁷⁷In the MT, the word is written with an extra י, שבעתים,correctly spelled in G and ן. The correct text seems to that of G and ן: “One is missing”, referring to Mephiboshet ben Jonathan.. That refers to Mephiboshet ben Jonathan ben Saul, who was great in the Torah and David intended to save him from their hand. David said, I let them pass by the altar and anyone received by the altar will be mine. He let each pass by the altar, prayed for him, and the altar moved and received him. This is what is written: “I shall call to the Most High God, to the Power Who has the ultimate decision about me⁷⁸Ps. 57:3.!” For the Holy One, praise to Him, agreed with David. “⁷⁶2S. 20:9. They were killed on the first days of harvest;” it is written “the barley harvest.” “Riṣpah bat Ayah took a sack and laid it out on the rock.⁷⁹2S. 20:10.” What means: “On the rock”? Rebbi Hoshaia said, she was reciting: “The rock, perfect is His action⁸⁰Deut. 32:4, the verse which opens the traditional burial service called צִדּוּק הַדִּין “justification of the (Divine) judgment.” This is alluded to not only here (and in the sources mentioned in Note 48) but also in the Babli, ‘Avodah zarah 18a..” Rebbi Abba bar Zamina in the name of Rebbi Hoshaia: Sanctification of the Name is greater than desecration of the Name. Referring to desecration of the Name it is written: “Do not leave his corpse on the gallows overnight.⁸¹Deut. 21:23.” But referring to sanctification of the Name it is written: “From the start of harvest until water was poured on them.⁷⁹2S. 20:10.” This teaches that they were hanging from the sixteenth of Nisan⁸²The first day of the barley harvest, Lev. 23:14. to the seventeenth of Marḥeshwan⁸³The year is declared one of draught if the rains did not start by the 17th of Marḥeshwan (Mishnah Ta‘anit1:4).. The passers-by were saying: How did these people sin that the rules of justice were changed for them? They were answered: Because these had attacked attached⁸⁴The word was changed by the corrector. Probably one should read with אֲרוּרים ן “cursed”, Jos. 9:33. proselytes. They would say that even for those who did not convert for the sake of Heaven, the Eternal avenged their blood; if one would convert for the sake of Heaven not so much more? There is no Power like your God and no people like your people. Many converts were converted at that time; that is what is written⁸⁵2Chr. 2:16–17.: “Solomon counted all proselytes and appointed from them 70’000 carriers and 80’000 hewers of stone in the mountains.”

The corpse of obligation acquired its place, four cubits³⁹A square of land, four cubits in each direction, can be taken to dig the grave without requesting permission from the owner, who has no claim to compensation. even in a field of saffron, for on this condition did Joshua distribute the Land to Israel⁴⁰Therefore, these rules do not apply outside the Land. The list of reservations for public use attributed to Joshua is in Baba batra 5:1, Babli Baba qama 80b–82a; cf. Kilaim 2:5, Note 73.. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road⁴¹Use of the road is public use; use of land for burial of a corpse of obligation is public use. The later use cannot displace the prior. The Babli, Eruvin 17b, explains this baraita away, assuming that the corpse was lying across the narrow roadway and encroaching on the fields on either side. According to Rashi, the corpse may be moved to protect passing Cohanim from the impurity of the dead.. A fallow and a ploughed field, he buries it in the fallow field⁴²If the corpse was found on the road between two fields.. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse⁴³If a grave is is the shade of a tree, the entire canopy of the tree forms a “tent” over the grave; any person passing under the tree becomes impure by the impurity of the dead (Num. 19:14).. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest⁴⁴Since wine-grapes collected in a basket at harvest time will be wet from the juice of some squashed grapes, they are “prepared” for impurity (cf. Demay 2:3, Note 141), and a grave in a vineyard makes its entire harvest irreparably impure.. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land⁴⁵Deut. 21:23..” If both were fallow, or ploughed, or sown, he buries in the one he chooses.