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1) WHEN ARE WE CONCERNEWD FOR A BURIAL SITE?

(a) (Mishnah): One who founds a corpse lying down, as normal - he may relocate it, taking its Tefusah (underlying soil) with it; the same applies if he finds 2 corpses.
(b) If he finds 3 corpses - if they are between 4 and 8 Amos apart, the area is assumed to be a burial site; he must check 20 Amos for more corpses.
(c) If another corpse is found within 20 Amos, he must check another 20 Amos from there, for there is reason to be concerned.

1. Had he only found the 1 corpse, he would be allowed to move it with its dirt.

(d) (Gemara - Rav Yehudah): The Mishnah says 'If he found' - to exclude a known corpse;

1. 'Dead' - to exclude someone murdered;
2. 'Lying' - to exclude sitting;
3. 'Normally' - to exclude the head resting between the thighs;

(e) (Ula bar Chanina): Am incomplete corpse does not have the law of Tefusah, nor for establishing a burial site.
(f) Question: Why are all these cases excluded?
(g) Answer: The corpse may be of a Nochri.
(h) If 2 corpses are found, the head of each is by the feet of the other, they do not have the law of Tefusah, and do not join to establish a burial site.
(i) If 3 corpses are found, and 1 or 2 of them were known to have been buried there, they do not have the laws of Tefusah or a burial site.

1. R. Yeshevav once found 2 known and 1 unknown corpse; he wanted to declare the area to be a burial site.
2. R. Akiva ruled as above - it is only a burial site if all 3 were known or all unknown.

(a) (Mishnah): He takes them and their Tefusos.
(b) Question: What is the source for Tefusah?
(c) Answer (Rav Yehudah): "You will take me from Miztrayim" - take (soil) from Mitzrayim with me.
(d) Question: How much soil must be taken?
(e) Answer (R. Elazar): All the ground-up soil underneath, and 3 finger's depth of virgin soil.
(f) Question (Beraisa - R. Eliezer b'Rebbi Tzadok): he takes the chips from the coffin and the clumps of dirt. He may discard what is certainly not from the deceased, but hides away what is doubtfully from the corpse;

1. What is definitely from the corpse joins to the quantity to impart Tum'ah: the majority of bones of the body, or bones comprising most of the stature, or a spoonful of Rekev.

(g) Answer: R. Elazar holds as the following Tana.

1. (Beraisa - R. Yochanan): He takes the ground-up soil underneath, and 3 finger's depth of virgin soil.

(a) (Mishnah): He checks from there ...

(b) Version #1 (Rava): A man found a corpse and buried it elsewhere; he found another corpse and did the same; he found a 3rd corpse - he may not move it, and he need not return the first 2.
(c) Version #2 (Rava): Since he was permitted to move the first 2, he is permitted to move this one also.
(d) Objection: This area should be established as a burial site!
(e) Answer: As Reish Lakish taught, we rely on flimsy reasons to establish Eretz Yisrael as Tahor.
(f) Question: If he checked 20 Amos and did not find another corpse - what is the law? (Tosfos - must he check in other directions also? Rashi - does this prove that this area was not a burial site?)
(g) Answer (Rav Manshiya bar Yirmeyah): One need not check more by a burial site (Tosfos; Rashi - It is considered a burial site.)
(h) Question: Why?
(i) Answer: As Reish Lakish taught, we rely on flimsy reasons to establish Eretz Yisrael as Tahor.

(a) (Mishnah): A plague that was not declared absolutely Tamei - in any case of doubt, we assume it is Tahor;

1. Once the plague was declared absolutely Tamei, we declare it Tamei.

(b) (Gemara) Question: What is the source of the first law?
(c) Answer (Rav Yehudah): "To declare him Tahor or Tamei" - the Torah puts Taharah first.
(d) Objection: If so, even after the plague was declared absolutely Tamei, any doubt should be Tahor!
(e) Correction: Rather, Rav Yehudah's teaching answered a different question.

1. (Mishnah): There is a Baheres (a plague in which an area of skin turns bright white) which contains a white hair. If the hair turned white before the skin, this is a sign of Tum'ah (absolute leprosy);
2. If the skin turned white before the hair, the leprosy is Tahor (i.e. not absolute);
3. If we do not know, it is considered Tamei; R. Yehoshua Keihah.

(f) Question: What does Keihah mean?
(g) Answer (Rav Yehudah): He ruled that it is Tahor.
(h) Question: Perhaps R. Yehoshua ruled that it is Tamei!
(i) Answer (Rav Yehudah): "To declare him Tahor or Tamei" - the Torah puts Taharah first.

(a) (Mishnah): A man that has an emission - if he has not yet been established as a Zav, we check if any of 7 factors may have caused the emission: eating or drinking (too much or foods that induce emissions), carrying a heavy load, jumping, sickness, a sight, or thoughts;
(b) If he already is a Zav, we do not check; if he sees because of any of these, or if we are in doubt, or an emission of semen, this is considered Zivah, for there are solid grounds to say this.

1. (If it is the 3rd sighting, it obligates him to bring a sacrifice when he is healed; if it is a later sighting, it negates any clean days counted, and he must count 7 clean days before becoming Tahor).

(c) A man hit a man. It seemed that the victim would die; he improved, but later got worse and died. The one that struck him is liable for murder; R. Nechemyah exempts him, for there are solid grounds for this.
(d) (Gemara) Question: What is the source of laws (a) and (b)?
(e) Answer (R. Noson): "And a man who has a flow Es (of an) emission (... a man or a woman)" - after 2 flows, a man's law is equated to that of a woman, who becomes Tamei even if factors cause her to have flows (of blood).
(f) Question (Beraisa - R. Eliezer): We check a man regarding his 3rd emission, but not his 4th.
(g) Answer: The Tana'im argue whether we expound the word "Es".

1. R. Eliezer expounds it (to hint at another flow); he learns, after 3 flows, a man's law is equated to that of a woman.
2. Chachamim do not expound it; they learn as above.

(h) (Mishnah): If he sees because of a factor, or if we are in doubt ...