Talmud Nazir (E)

(5)  The unclean nazirite does not complete his purification until he has polled. That is why the presumption of
uncleanness is considered to be still present on the seventh day of purification.
(6) And thus has a presumption of purity.
(7) The purification is not really complete until sunset even in the case of a celebrant of the passover.
(8) He himself has nothing more to do.
(9)  The reference is to a miscarriage occurring within the term of purification after childbirth, viz. 41 days for a male
child and 81 days for a female child. V. Lev. XII, I ff. The period of purification and all other obligations follow a
miscarriage as well as a normal birth.
(10) The reason is explained below.
(11) I.e. after the term of fulfilment, reckoning from the first birth, but before the term of fulfilment reckoning from the
subsequent one, for which as we have been told no sacrifice is needed.
(12) I.e., bring two sacrifices, one for the first birth and one for the third.
(13) Lev. XII, 6 continuing, She shall bring a lamb etc.
(14)  Between the case where the second birth occurs on the day of fulfilment and she is required to bring a second
sacrifice, and that where the third birth occurs after the first fulfilment and she is not required to bring a sacrifice.
(15) In the latter case, she was still unclean at the time of the third birth, owing to the intervention of the second one, and
so the first sacrifice was not yet due. She is therefore considered to be within the period of fulfilment. Not so in the
former case.
(16) Before she becomes clean, and fit to eat of sacrifices.
(17) Thus we see that Abaye does not regard the necessity of waiting for sunset as interfering with the presumption of
cleanness.
(18) Without previously having found a corpse in the same spot, and without knowing that it was there.
(19) Prostrate: the only way Jews were buried.
(20) For reburial elsewhere, v. Gemara.
(21) Which is an indication that he has stumbled on an old burial vault.
(22) The bodies must not be removed, but have to be reburied where found.
Talmud - Mas. Nazir 65a
Talmud - Mas. Nazir 65a
Talmud - Mas. Nazir 65a
HE MUST THEN SEARCH BEYOND FOR A DISTANCE OF TWENTY CUBITS.
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 IF HE FINDS
A SINGLE [CORPSE] AT THE END OF TWENTY CUBITS, HE MUST SEARCH BEYOND
FOR ANOTHER TWENTY CUBITS. THE REASON
2
 IS THAT THERE IS [NOW] A
PRESUMPTION,
3
 WHEREAS IF HE HAD FOUND IT FIRST, HE WOULD HAVE BEEN ABLE
TO REMOVE IT TOGETHER WITH THE SOIL IT OCCUPIES.
4
 
    GEMARA. Rab Judah said: IF A MAN FINDS, but not if [he knows] it is to be found there;
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 A
CORPSE, but not one who had been killed;
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 LYING, but not seated;
7
 IN THE USUAL POSITION,
but not with its head lying between its thighs.
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 ‘Ulla b. Hanina taught: A defective corpse
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 does not
acquire the ground it occupies, nor does it help to form a graveyard site.
 
    Why does not [the law of the Mishnah] apply to all these? — Because we say that perhaps it is
[the body of] a heathen.
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 If he finds two [corpses] with the head of one beside the feet of the second,
and the head of the second beside the feet of the first, they do not acquire the soil which they occupy
and do not help to form a graveyard site.
10
 If he finds three [corpses] one of which was known to be
there while the others [were found] for the first time, or if two [were found] for the first time and two
were known [to be there] they do not acquire the soil they occupy
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 and do not form a graveyard site.
 
    It is related that R. Yeshobab once searched [a certain spot] and found two [bodies] which were
known to be there and one [which was discovered] for the first time, and he wanted to declare them a
graveyard site.
12
 R. Akiba said to him: All your trouble was for nothing. [The Rabbis] did not
declare a graveyard site save where three [corpses] were known to be there, or three [were found] for
the first time.
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    [IF HE FINDS] TWO, HE MAY REMOVE THEM TOGETHER WITH THE SOIL THEY
OCCUPY: Where is this law of the soil [a corpse] occupies to be found?
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 — R. Judah said: The
verse says, Thou shalt carry me out of Egypt,
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 [signifying] carry with me [some Egyptian soil].
16
And what is the quantity of earth] which it occupies? — R. Eleazar
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 explained that he takes the
loose earth
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 and digs up three finger-breadths of the virgin soil.
19
 
    The following objection was raised — [It has been taught:] And what quantity [of earth] are we to
understand by ‘the ground which it occupies?’ R. Eleazar b. R. Zadok explained that he takes the
chips [of the coffin]
20
 and the lumps of earth,
21
 discarding what certainly [did not belong to the
body] and leaving whatever was doubtful [for removal].
22
 The remainder adds together to form the
major part of the structure of the corpse, the quarter [kab] of bones and the spoonful of corpse —
mould?
23
 — [R. Eleazar] agrees with the following Tanna. For it has been taught: What quantity of
[earth is meant by] ‘the ground which it occupies?’ R. Johanan,
24
 citing Ben ‘Azzai, said: He takes
the loose earth and digs up three finger-breadths of virgin soil.
 
    HE MUST THEN SEARCH BEYOND IT:
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(1) For other vaults.
(2) That he must continue to search if he finds one only.
(3)  That the field is a graveyard site; since twenty cubits would not be an abnormal distance between two vaults; cf.
supra p. 237, n. 5.
(4) Oh. XVI, 3. On the measurements v. B.B. (Sonc. ed.) p. 426 and notes.
(5) In that case he may not remove it (Tosaf.).
(6) In which case it is assumed that it was buried there for convenience and not that there was an old cemetery there.
(7) Jewish bodies were always buried prostrate; hence this cannot be an old Jewish cemetery. In these last three cases, he
removes the body for reburial elsewhere.
(8) A corpse lacking a member essential to life. (Tosef. Oh. XVI, 2).
(9) Hence the site is not declared a Jewish cemetery and the bodies can be removed for burial elsewhere.
(10) Jews were not buried in this manner.
(11) Thus our text and Rashbam in B.B. 101b; but this as it stands contradicts our Mishnah, and it is therefore better to
read with Tosef. Oh. XVI, 2 ‘Or if one (was found) for the first time and two were known, they are entitled to the ground
they occupy, but do not form a graveyard site’.
(12) This would entail examining for twenty cubits.
(13)  And whilst they may not be removed, they do not form a graveyard site. V. Tosef. Oh. XVI,2 where the last
paragraph occurs with variations.
(14) [So Aruch; cur. edd. ‘What means the ground it occupies’?]
(15) Gen. XLVII,30; spoken by Jacob to Joseph.
(16) Interpreting the verse, ‘carry with me of Egypt’.
(17) R. Eleazar b. Pedath. Our texts have in error R. Eleazar b. R. Zadok.
(18) Formed through the decomposition of the body.
(19) This being the depth to which any blood etc., coming from the body would penetrate.
(20) Which was usually of stone (Tosaf.). Aliter The chips of spices put in with the body; cf. II Chronicles XVI,14.
(21) Into which the decomposing corpse congealed.
(22) When the body was removed. Hence the part to be removed contained no virgin soil, contrary to the opinion of R.
Eleazar.
(23) Required to propagate uncleanness in a tent. (V. supra 49b, 50a). Tosef. Oh. II, 2 with variations.
(24) R. Johanan b. Nuri.
Talmud - Mas. Nazir 65b
Talmud - Mas. Nazir 65b
Talmud - Mas. Nazir 65b
Raba said: If he searched, [found a corpse]
1
 and removed it, searched [again and found another] and

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