תּלמוד אויף במדבר 19:14

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.

MISHNAH: The nazir shaves for the following impurities: For a corpse, for flesh in the volume of an olive of a corpse, and for the volume of an olive of decayed matter from a corpse⁶⁰Either decaying flesh or fluid from the corpse. If it is decayed so that it looks like dust it is counted as decay and follows the standard of the spoonful (under certain conditions). It is implied that all impurities enumerated in the Mishnah are biblical in nature., and for a spoonful of decay, for the spine and for the skull⁶¹Even if no flesh is left., for a limb from a corpse or a limb from the living on which there is sufficient flesh⁶²“Sufficient flesh” is enough left on a limb connected to a living body that it could heal., for half a qab⁶³A qab is 4 log or 2.13 liter. of bones, and for half a log⁶³A qab is 4 log or 2.13 liter. of blood, if they are touched, or carried⁶⁴Even if the carrier does not touch the cause of impurity., or under a tent⁴³If 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).. Also for a bone in the volume of a barley grain if it is touched, or carried, (or under a tent.)⁶⁵The last clause, which originally was also in Babli mss., is a scribal error since only half a qab of bones transmits impurity in a tent but less than that transmits impurity only by touch or carrying, not in a tent (Tosaphot 49b, s. v. על משאו). For these, the nazir shaves, he sprinkles on the third and seventh [days], he disregards the preceding days and starts to count only after he purifies himself and brings all his sacrifices.

Rebbi Simeon ben Eleazar said¹²⁹This name attribution cannot be correct since R. Simeon ben Eleazar was a Tanna, student of R. Meïr. A statement of his appears in Tosephta Ahilut 2:6, denying that people with a trepanned skull can survive a winter. Probably one has to read: R. Eleazar said., it was formulated following Rebbi Simeon, as it was stated: ¹³⁰This refers to the Mishnah and explains why spine and skull were mentioned separately when “half a qab of bones” is also mentioned and both a skull and a spine fill the required volume of about 1 liter. A similar (anonymous) text is in Tosephta Ahilut 2:5: “A spine of which bones were removed is pure even if its outline still exists; But in a grave it is impure, even if broken, even if crushed, since the grave unites them.” The spine and the skull are impure even if crushed, even disconnected, because the grave unites them as “a human in a tent”¹³¹Num. 19:14..