Babylonian Talmud: Tractate Baba Bathra

Folio 102a

If three [corpses] were [similarly] found, [then], if [the distance] between them¹  is from four, to eight [cubits], the area] is [to be considered] a grave-yard;²  and a search³  must [also] be made [over a distance of] twenty cubits,⁴  from that spot onwards. [If] at the end of twenty cubits a corpse is found, a search of [another] twenty cubits from that spot onwards must be made; for there is reasonable ground⁵  for the assumption⁶  [that even the single grave is an indication of the existence there of other graves]; although if [the single corpse] had been found first⁷  it should have been removed together with the earth surrounding it.⁸

The Master stated, 'from four to eight cubits'.⁹  According to whom [is this Mishnah]? If according to the Rabbis, surely they said [that the area of a grotto is to be] four cubits by six? If according to R. Simeon, surely he said [that the grotto must contain an area of] six [cubits] by eight? — [This Mishnah] is, in fact, [in agreement with] R. Simeon; but it is [in accordance with the version of R. Simeon's view as reported by] the following Tanna. For it has been taught: 'If they¹⁰  were found close to one another, and there was not a distance of four to eight cubits between them, the earth surrounding their bodies belongs to them but they do not constitute the ground as a graveyard. R. Simeon b. Judah said in the name of R. Simeon: The intervening ones are regarded as if they did not exist and the rest are combined,¹¹  [if the distance is] from four to eight cubits'.¹²  Since this¹³  has been assumed to be in accordance with R. Simeon, explain the final clause [which reads]: A search must [also] be made [over a distance of] twenty cubits from that spot onwards. According to whom [is this]? If according to R. Simeon, [the distance] should be twenty-two;¹⁴  if according to the Rabbis,¹⁵  it should be eighteen?¹⁶  It may, in fact, be according to the Rabbis but there is a possibility that he made the search diagonally.¹⁷  But since the one [grotto is assumed to be searched] diagonally, the other also [should be assumed to be searched] diagonally [and, consequently, the distance] should be twenty-two [cubits]?¹⁸  — One diagonal [search] is expected; two diagonal [searches] are not.¹⁹

1. Between the first and the third.
2. According to this Tanna, a grotto which forms part of a family grave contains an area of four by eight cubits. If the three corpses were found within four cubits, it is assumed that the wide side of such a grotto had been found. If within eight cubits, the long side of such a grotto is assumed to have been discovered. In either case, the discovery points to the existence of a family grave in that area which is, therefore, to be regarded as a grave. yard, the extent of which must be ascertained.
3. To ascertain whether any other graves are to be found in the vicinity, and to determine the extent of the area that is henceforward to be regarded as Levitically unclean.
4. I.e., the approximate length of the court (six cubits) and of the two grottos that open out from its opposite sides (eight cubits each, according to the Tanna.) The actual length is, of course, twenty two cubits and the discrepancy is discussed in the Gemara.
5. Lit., 'feet' on which to stand.
6. Since one group of graves had already been discovered within twenty cubits.
7. Before the other three corpses, without any further search having had to be made.
8. V, supra n. 1.
9. That a spot to be regarded as a graveyard must contain three corpses within four to eight cubits.
10. I.e., the corpses.
11. To constitute the ground as a graveyard.
12. This author [it is who] is of the opinion that according to R. Simeon these are the dimensions.
13. Tho Mishnah of Ohaloth mentioned.
14. The length of the court is six cubits, and the length of each of the two grottos is eight cubits.
15. Though the first clause will still be according to R. Simeon.
16. The length of each grotto is six cubits and that of the court also six.
17. Though the length of the grotto is only six cubits, the diagonal of the area of the graves (the sepulchral chambers) thus searched would be longer. The diagonal of four, (respective lengths of chambers), by six, (length of grotto wall), is more than seven cubits in length √(4² + 6²) = √52, say roughly eight cubits. Add length of court (six cubits) and length of corresponding grotto (six cubits) and the total obtained is roughly twenty.
18. Eight for the diagonal of each grotto and six for the court.
19. Since no corpses were found in the first.

R. Shisha b. R. Idi said: It¹  may, in fact, be in accordance with the view of R. Simeon,²  but here it dealt with the case of miscarriages.³  But since the one [is] for miscarriages, the other also [should be] for miscarriages, [and the distance] should, [consequently], be eighteen [cubits]! — One [grotto] for miscarriages is assumed, two [grottos] for miscarriages are not.

Contradictions were pointed out between two statements of the Rabbis⁴  and [also] between two statements of R. Simeon. For we learnt:⁵  [If] a vineyard is planted on [an area of] less than four cubits, R. Simeon says it is not [regarded as] a vineyard, and the Sages say: [It is regarded as] a vineyard, the intervening vines being treated as if they were not in existence. [Is not the statement] of the Rabbis [there]⁶  contradictory to their statement [with reference to corpses];⁷  and [the statement there] of R. Simeon⁸  contradictory to his [statement here]?⁹  — There is no contradiction between the two statements of R. Simeon; [for] there, people do not plant [vines] with the object of pulling¹⁰  [them] out, [but] here, [a burial] may sometimes take place at twilight and [the corpse] is put down temporarily.¹¹  There is also no contradiction between the two statements of the Rabbis; [for] here, since [the body] is disgraced, [the spot] cannot be designated a grave,¹²  [but] there, [the owner, when planting the vines] may think whichever tree will be sound will remain,¹³  and whichever is a failure will be [used] for firewood.¹⁴

CHAPTER VII

MISHNAH. IF ONE SAYS TO ANOTHER: 'I SELL YOU A BETH KOR¹⁵  OF ARABLE LAND',¹⁶  [AND] IT CONTAINED CLEFTS TEN HANDBREADTHS DEEP, OR ROCKS TEN HANDBREADTHS HIGH, THESE ARE NOT TO BE MEASURED WITH IT. [IF THEY ARE] LESS THAN THIS,¹⁷  THEY ARE TO BE MEASURED WITH IT. IF, HOWEVER, HE SAID TO HIM, 'ABOUT A BETH KOR OF ARABLE LAND, EVEN IF [THE LAND] CONTAINED CLEFTS DEEPER THAN TEN, OR ROCKS HIGHER THAN TEN HANDBREADTHS, THEY ARE TO MEASURED WITH IT.

GEMARA. We learnt elsewhere: He who consecrates his field¹⁸  in the time [when the laws] of the jubilee year¹⁹  [are in force], must pay for an area in which a homer²⁰  of barley may be sown, fifty shekels of silver.²⁰  If it contained clefts ten handbreadths deep, or rocks ten handbreadths high

1. The final clause of the Mishnah of Ohaloth requiring a search along a distance of twenty cubits.
2. Who requires the area of a grotto for adults to be six by eight.
3. Miscarriages occupy a grotto which is only six cubits in length. The total length, therefore, is six (grotto for miscarriages), plus eight (the grotto for adults, on the other side of the court), plus six(court), total twenty cubits.
4. Lit., 'that of the Rabbis upon the Rabbis'.
5. Kil. V, 2; supra 37b, 83a.
6. Where the intervening vines are disregarded.
7. All of which are counted.
8. Counting in all the vines.
9. Where the intervening corpses are regarded as if they did not exist.
10. Hence the vines are permanent and cannot be disregarded.
11. With the intention of removing it later. Hence, if by accident the corpse had not been removed, it may be disregarded, and does not prevent the remaining corpses from combining to form a graveyard.
12. No regular burial, however late the hour, would take place in such a manner. The spot, consequently, could not have been a graveyard.
13. Lit., 'sound'.
14. And since a number of the vines have been planted temporarily and will at any moment be pulled out, they may rightly be treated as if they were not in existence.
15. An area of 75,000 square cubits, in which a kor or homer (= 30 se'ah) of seed may be sown.
16. Lit., 'earth'.
17. I.e., lower than, or not as deep as ten handbreadths.
18. An 'inherited' field as distinct from a 'purchased' field. Cf. n. 7.
19. V. Lev. XXV, 8ff.
20. I.e., a kor. Cf. ibid. XXVII, 16.