Pesachim

is it not logical that the ‘uncleanness of the deep’ was permitted to him? — I will tell you: can we then argue a fortiori from a traditional law: surely it was taught, R. Eliezer said to him: Akiba! That a bone [of a corpse] the size of a barley grain defiles1 is a traditional law, whereas [that] a quarter [log] of blood [of a corpse defiles] is [deduced by you] a fortiori,2 and we do not deduce a fortiori from a traditional law! — Rather said Raba: We learn [the scope of] ‘its appointed time’ from the Passover-offering.3 And where is [the law about] the ‘uncleanness of the deep’ itself written?4 — Said R. Eleazar: Scripture saith, And if any man die beside him [‘alaw],5 [which means] when it is quite clear beside him.6 We have thus found [it in the case of] a nazirite; how do we know [it in the case of] one who sacrifices a Passover-offering? — Said R. Johanan: Because Scripture saith, [If any man shall be unclean by reason of a dead body or] in a distant road unto you:7 [that means] when it is quite clear unto you. R. Simeon b. Lakish said, It is as the road: just as the road is manifest, so must the [cause of] defilement be manifest too. An objection is raised: What is the ‘uncleanness of the deep’? Wherever not [even] a person at the end of the world had been cognizant thereof.8 If a person at the end of the world had been cognizant thereof, it is not the ‘uncleanness of the deep.’ [But] according to R. Eleazar who interpreted — when it is quite clear beside him, then [it is ‘uncleanness of the deep’] unless he himself [the nazirite] knows of it.9 According to R. Johanan who interpreted ‘unto you’ [as meaning] when it is quite clear unto you, then [at least] two should know thereof.10 According to R. Simeon b. Lakish who said, It is as a road, then all should know of it? — Rather the ‘uncleanness of the deep’ is known as a traditional law, while the verse[s] are a mere support.11 Mar son of R. Ashi said: They learned this12 only where it became known to him13 after the sprinkling, so that when the blood was sprinkled it was rightly sprinkled; but if it was known to him before the sprinkling — it does not propitiate. An objection is raised: If a man finds a corpse lying across the width of a path,14 in respect of terumah he is unclean;15 in respect of [the laws of] a nazirite or one who sacrifices the Passover-offering, he is clean; and all [statements of] unclean and clean refer to the future.16 Rather if stated, it was thus stated: Mar son of R. Ashi said: Do not say that only if it became known to him after sprinkling does it propitiate, whereas if it became known to him before sprinkling, it does not propitiate; for even if it became known to him before sprinkling it [still] propitiates. [To revert to] the main text: If a man finds a corpse lying across the width of a path, in respect of terumah he is unclean; in respect of [the laws of] a nazirite or one who sacrifices a Passover-offering, he is clean. When is that said? If he has no room to pass by,17 but if he has room to pass by, he is clean even in respect of terumah. When is that said? If he finds it whole. But if it was broken or dismembered, he is clean, as he might have passed between the pieces. But [if it lay] in a grave, even if broken and dismembered, he is unclean, because the grave unites it.18 When is this said? If he was walking on foot. But if he was laden [with a burden] or riding, he is unclean; because he who walks on foot can avoid touching it or overshadowing it,19 but when he is laden or riding, he cannot but touch [it] or overshadow it.20 When is this said?21 In the case of ‘uncleanness of the deep’; but in the case of known uncleanness, he is unclean. And what is ‘uncleanness of the deep’? Wherever not [even] one at the end of the world had been cognizant thereof. But if one [even] at the world's end was cognizant thereof, it is not ‘uncleanness of the deep.’ If he found it hidden in straw, earth, or pebbles, it is ‘uncleanness of the deep.’22 [If he found it] in water, in darkness, or in the clefts of rocks, it is not ‘uncleanness of the deep.’23 And they did not state [the law of] ‘uncleanness of the deep’ in respect of aught save a corpse alone. MISHNAH. IF IT [THE PASCHAL LAMB] BECAME UNCLEAN, [EITHER] WHOLLY OR THE GREATER PART THEREOF, WE BURN IT IN FRONT OF THE BIRAH24 WITH THE WOOD OF THE PILE.25 IF THE LESSER PART THEREOF BECAME UNCLEAN, ALSO NOTHAR,26 THEY [THE PEOPLE] BURN IT IN THEIR COURT-YARDS OR ON THEIR ROOFS WITH THEIR OWN WOOD. MISERS BURN IT IN FRONT OF THE BIRAH, IN ORDER TO BENEFIT FROM THE WOOD OF THE PILE. GEMARA. What is the reason?27 — Said R. Jose b. Hanina: In order to put them to shame.28 IF THE LESSER PART THEREOF BECAME UNCLEAN etc. But the following contradicts it: Similarly, he who went out of Jerusalem and reconnected that he had holy flesh with him, if he has passed Scopus he burns it where he is; but if not, taken from a corpse he is defiled, just as in the first case; v. Naz. 57a. Num. XXVIII, 2; IX, 2). Hence just as the head plate propitiates for the ‘uncleanness of the deep’ in the latter case, so in the former too. is as yet unknown that it is not intimated in Scripture at all but is a traditional law. ‘uncleanness of the deep’ it was unknown hitherto. propitiates. of ‘uncleanness of the deep’, since as far as is known none was aware of the corpse before.