Sanhedrin

R. Adda b. Ahabah objected: THEY OBSERVED NO MOURNING RITES, BUT GRIEVED FOR HIM FOR GRIEF IS BORNE ONLY IN THE HEART. But should you think that having been [shamefully] buried, he attains forgiveness, they should observe mourning rites! — The decay of the flesh too is necessary.  This also follows from what he [the Tanna] teaches: WHEN THE FLESH WAS COMPLETELY DECOMPOSED, THE BONES WERE GATHERED AND BURIED IN THEIR PROPER PLACE.  This proves it. R. Ashi said: When do the mourning rites commence? From the closing of the grave with the grave stone.  When is atonement effected? After the bodies have experienced a little of the pains of the grave.  Therefore, since they [the mourning rites] have once been suspended,  they remain so. If so, why must the flesh be consumed?  — Because it is impossible [otherwise]. It was the practice of people to take earth from Rab's grave and apply it [as a remedy] on the first day of an attack of fever. When Samuel was told of it,  he said: They do well; it is natural  soil, and natural soil does not become forbidden, for it is written, And he cast the dust thereof  upon the graves of the common people:  thus he compares the graves of the common people to idols. Just as [the use of] idols is not forbidden when they are 'attached,'  for it is written, [Ye shall utterly destroy all the places, wherein the nations] that ye are to dispossess served their gods, upon the high mountains,  their gods which are upon the high mountains [are forbidden for use], but not the mountains which themselves are their gods;  so here too, what is 'attached' [i.e., what belongs to the dead] is not forbidden. An objection is raised: 'If one hews a grave for his [dead] father and then goes and buries him elsewhere, he himself may never he buried therein'?  — The reference here is to a built grave.  Come and hear! 'A fresh grave  may be used. But if an abortion had been laid therein, it is forbidden for use'?  — Here too, the reference is to a built grave. Come and hear! 'Thus we see  that there are three kinds of graves:  A grave that has been found;  a known grave;  and one which injures the public.  A grave that has been found may be cleared;  when cleared, the place thereof is [levitically] clean and permitted for use.  A known grave may not be cleared; if it has been, the spot is unclean and forbidden for use.  A grave which injures the public may be cleared; if it has been, the place thereof is clean but may not be used'?  — Here too, the reference is to a built grave. But may a grave that was found be evacuated? Perhaps a meth-mizwah was buried therein; and a meth-mezwah takes possession of his place of burial!  A meth-mizwah is quite different, since its existence is generally known. It has been stated: If one wove a shroud for a dead person: Abaye rules, it is forbidden;  Raba says, It is permitted. 'Abaye rules, It is forbidden;' [he holds,] designation is a material act.  'Raba says, It is permitted;' designation is not a material act. What is Abaye's reason? — He deduces [identity of law] from the use of 'sham' [there] both here [with reference to the dead] and in connection with the broken-necked heifer.  Just as the broken-necked heifer becomes forbidden through designation,  so this too  becomes prohibited through designation. But Raba makes his deduction from the use of sham both here and in connection with idol-worship.  Just as in idol-worship mere designation imposes no prohibition,  so here too, it does not become forbidden through designation. But why does Raba not make his deduction from the broken-necked heifer? — He answers you: