Soncino English Talmud
Nazir
Daf 65a
GEMARA. Rab Judah said: IF A MAN FINDS, but not if [he knows] it is to be found there; A CORPSE, but not one who had been killed; LYING, but not seated; IN THE USUAL POSITION, but not with its head lying between its thighs. 'Ulla b. Hanina taught: A defective corpse 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. 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. 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 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. 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. [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? — R. Judah said: The verse says, Thou shalt carry me out of Egypt, [signifying] carry with me [some Egyptian soil]. And what is the quantity of earth] which it occupies? — R. Eleazar explained that he takes the loose earth and digs up three finger-breadths of the virgin soil. 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] and the lumps of earth, discarding what certainly [did not belong to the body] and leaving whatever was doubtful [for removal]. 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? — [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, citing Ben 'Azzai, said: He takes the loose earth and digs up three finger-breadths of virgin soil. HE MUST THEN SEARCH BEYOND IT: