Daf 100a
יָכוֹל כְּשֵׁם שֶׁלֹּא יִטַּמֵּא לַאֲחוֹתוֹ כָּךְ אֵין מִטַּמֵּא לְמֵת מִצְוָה תַּלְמוּד לוֹמַר וּלְאַחוֹתוֹ לַאֲחוֹתוֹ הוּא דְּאֵינוֹ מִטַּמֵּא אֲבָל מִטַּמֵּא הוּא לְמֵת מִצְוָה
לָא קַשְׁיָא כָּאן שֶׁמֵּת לוֹ מֵת בְּאַרְבָּעָה עָשָׂר וּקְבָרוֹ בְּאַרְבָּעָה עָשָׂר כָּאן שֶׁמֵּת לוֹ מֵת בִּשְׁלֹשָׁה עָשָׂר וּקְבָרוֹ בְּאַרְבָּעָה עָשָׂר
מֵת לוֹ מֵת בְּאַרְבָּעָה עָשָׂר וּקְבָרוֹ בְּאַרְבָּעָה עָשָׂר יוֹם מִיתָה תּוֹפֵס לֵילוֹ מִדְּאוֹרָיְיתָא מֵת לוֹ מֵת בִּשְׁלֹשָׁה עָשָׂר וּקְבָרוֹ בְּאַרְבָּעָה עָשָׂר יוֹם קְבוּרָה מִדְּרַבָּנַן אֵינוֹ תּוֹפֵס לֵילוֹ אֶלָּא מִדְּרַבָּנַן
אֲמַר לֵיהּ רַב אָשֵׁי לְרַב מָרִי וְאֶלָּא הָא דְּקָתָנֵי אָמַר לוֹ רַבִּי שִׁמְעוֹן תֵּדַע שֶׁהֲרֵי אָמְרוּ אוֹנֵן טוֹבֵל וְאוֹכֵל אֶת פִּסְחוֹ אֲבָל לֹא בַּקֳּדָשִׁים נֵימָא לֵיהּ קָאָמֵינָא לָךְ אֲנָא יוֹם מִיתָה דְּאוֹרָיְיתָא וְאָמְרַתְּ לִי אֶת יוֹם קְבוּרָה דְּרַבָּנַן קַשְׁיָא
אַבָּיֵי אָמַר לָא קַשְׁיָא כָּאן שֶׁמֵּת קוֹדֶם חֲצוֹת כָּאן שֶׁמֵּת לְאַחַר חֲצוֹת קוֹדֶם חֲצוֹת דְּלָא אִיחֲזִי לְפֶסַח חָיְילָא עֲלֵיהּ אֲנִינוּת אַחַר חֲצוֹת דְּאִחֲזִי לְפֶסַח לָא חָיְילָא עֲלֵיהּ אֲנִינוּת
וּמְנָא תֵּימְרָא דְּשָׁנֵי לֵיהּ בֵּין קוֹדֶם חֲצוֹת בֵּין לְאַחַר חֲצוֹת דְּתַנְיָא לָהּ יִטַּמָּא מִצְוָה לֹא רָצָה מְטַמְּאִין אוֹתוֹ עַל כָּרְחוֹ וּמַעֲשֶׂה בְּיוֹסֵף הַכֹּהֵן שֶׁמֵּתָה אִשְׁתּוֹ בְּעֶרֶב הַפֶּסַח וְלֹא רָצָה לִיטַּמֵּא וְנִמְנוּ אֶחָיו הַכֹּהֲנִים וְטִימְּאוּהוּ בְּעַל כָּרְחוֹ
וּרְמִינְהִי וּלְאַחוֹתוֹ מָה תַּלְמוּד לוֹמַר הֲרֵי שֶׁהָלַךְ לִשְׁחוֹט אֶת פִּסְחוֹ וְלָמוּל אֶת בְּנוֹ וְשָׁמַע שֶׁמֵּת לוֹ מֵת יָכוֹל יִטַּמֵּא אָמַרְתָּ לֹא יִטַּמֵּא
לָאו שְׁמַע מִינַּהּ כָּאן קוֹדֶם חֲצוֹת כָּאן לְאַחַר חֲצוֹת
מִמַּאי דִּילְמָא לְעוֹלָם אֵימָא לְךָ אִידֵּי וְאִידֵּי אַחַר חֲצוֹת וְהָא רַבִּי יִשְׁמָעֵאל וְהָא רַבִּי עֲקִיבָא דְּתַנְיָא לָהּ יִטַּמָּא רְשׁוּת דִּבְרֵי רַבִּי יִשְׁמָעֵאל רַבִּי עֲקִיבָא אוֹמֵר חוֹבָה
לָא סָלְקָא דַּעְתָּךְ דְּרֵישָׁא דְּהָהִיא רַבִּי עֲקִיבָא קָתָנֵי לַהּ דְּתַנְיָא רַבִּי עֲקִיבָא אוֹמֵר נֶפֶשׁ אֵלּוּ הַקְּרוֹבִים מֵת אֵלּוּ הָרְחוֹקִים
לְאָבִיו אֵינוֹ מִטַּמֵּא אֲבָל מִטַּמֵּא הוּא לְמֵת מִצְוָה לְאִמּוֹ הָיָה כֹּהֵן וְהוּא נָזִיר לְאִמּוֹ הוּא דְּאֵינוֹ מִטַּמֵּא אֲבָל מִטַּמֵּא הוּא לְמֵת מִצְוָה לְאָחִיו שֶׁאִם הָיָה כֹּהֵן גָּדוֹל וְהוּא נָזִיר לְאָחִיו הוּא דְּאֵינוֹ מִטַּמֵּא אֲבָל מִטַּמֵּא הוּא לְמֵת מִצְוָה
וְלַאֲחוֹתוֹ מָה תַּלְמוּד לוֹמַר הֲרֵי שֶׁהָלַךְ לִשְׁחוֹט אֶת פִּסְחוֹ וְלָמוּל אֶת בְּנוֹ וְשָׁמַע שֶׁמֵּת לוֹ מֵת יָכוֹל יִטַּמֵּא אָמַרְתָּ לֹא יִטַּמֵּא יָכוֹל כְּשֵׁם שֶׁאֵין מִטַּמֵּא לַאֲחוֹתוֹ כָּךְ אֵינוֹ מִטַּמֵּא לְמֵת מִצְוָה תַּלְמוּד לוֹמַר וּלְאַחוֹתוֹ לַאֲחוֹתוֹ לֹא יִטַּמֵּא אֲבָל (יִטַּמֵּא) [מְטַמֵּא] הוּא לְמֵת מִצְוָה
There is no difficulty: (1) in the one case the man died on the fourteenth and was buried on the fourteenth; in the other the man died on the thirteenth and was buried on the fourteenth. If the man died on the fourteenth and was buried on the fourteenth, the day of death embraces the night [that follows] by Scriptural law; (2) if the man died on the thirteenth and was buried on the fourteenth, [Aninuth even on] the day of burial is [only] Rabbinical, (3) and it embraces the night [that follows only] by Rabbinical law. (4) Said R. Ashi to R. Mari: If so, when it is taught, R. Simeon said to him, The proof is that they [the Rabbis] said: An onen performs immersion and eats his Passover-offering in the evening, but [may] not [partake] of [other] sacrifices; let him [R. Judah] answer him: I speak to you of the day of death, [when one is an onen] by Scriptural law, whereas you tell me about the day of burial, [when Aninuth is only] Rabbinical? That is a difficulty. Abaye said, There is no difficulty: In the one case he died before midday [of the fourteenth]; in the other he died after midday. [If he died] before midday, when he had [as yet] no obligation of the Passover-offering, Aninuth falls upon him; [if he died] after midday, when he is subject to the Passoveroffering, Aninuth does not fall upon him. (5) And how do you know that we differentiate between [death] before midday and [death] after midday? — Because it was taught: For her shall he defile himself: (6) this is obligatory; if he does not wish to, we defile him by force. Now, the wife of Joseph the priest happened to die on the eve of Passover, and he did not wish to defile himself, whereupon his brother priests took a vote and defiled him by force. But the following contradicts it: [He shall not make himself unclean for his father...] and for his sister [when they die]:7 why is this stated? (8) [For this reason:] Behold if he (9) was on his way to slaughter the Passover-offering or to circumcise his son, (10) and he learnt that a near relation of his had died, (11) you might think that he may defile himself; hence you read, (12) ‘he shall not make himself unclean’. You might think that just as he may not defile himself for his sister, so may he not defile himself for an unattended corpse: (13) therefore it states, ‘and for his sister’: he may not defile himself for his sister, but he must defile himself for an unattended corpse. (14) Hence you must surely infer that one holds good [where the person died] before midday, and the other where he died after midday. (15) Whence [does this follow]? Perhaps I can argue that in truth both refer to after midday, but one agrees with R. Ishmael and the other with R. Akiba. For it was taught: ‘For her shall he defile himself’: this is permissive; these are the words of R. Ishmael. (16) R. Akiba said: It is an obligation! (17) — You cannot think so, for the first clause of that [Baraitha] (18) was taught by R. Akiba. For it was taught, R. Akiba said: [He shall not come near to a body, [to] the dead. (19) ‘Body’ refers to strangers; (20) ‘dead’ refers to relations. ‘For his father’ he may not defile himself, but he must defile himself for an unattended corpse. (21) ‘For his mother’: [even] if he was [both] a priest and Nazirite, only for his mother he may not defile himself, but he must defile himself for an unattended corpse. For his brother’: [even] if he was [both] a High Priest and a Nazirite, only for his brother he may not defile himself, but he must defile himself for an unattended corpse. ‘And for his sister’: why is this stated? If he was on his way to slaughter his Passover-offering or to circumcise his son, and he learnt that a near relation of his had died, you might think that he may defile himself; hence you read, ‘he shall not make himself unclean’. You might think that just as he may not defile himself for his sister, so he may not defile himself for an unattended corpse; therefore it states, ‘and for his sister’: he may not defile himself for his sister, but he must defile himself for an unattended corpse.
(1). ↑ R. Simeon is not self-contradictory.
(2). ↑ Hence he may not eat of the Passover-offering in the evening.
(3). ↑ He holds that by Scriptural law Aninuth applies only to the day of death.
(4). ↑ And this Rabbinical law is waived in favor of the Passover-offering.
(5). ↑ In both cases the man died on the fourteenth, and R. Simeon holds that the Aninuth of the following night is Rabbinical. Now, the obligation to sacrifice the Passover-offering commences at midday on the fourteenth. Consequently, if death took place before midday, Aninuth preceded the obligation, and this prevents the obligation from becoming operative; therefore he does not eat the Passover-offering in the evening. But if the man died after midday, this person was already under the obligation, therefore he does eat the Passoveroffering in the evening.
(6). ↑ Lev. XXI, 3. This refers to a priest, who may not defile himself for the dead, except for certain near relations, e.g., father and mother, etc. ‘Her’ means an unmarried sister, and, according to the Rabbis, his wife (‘his kin that is near to him,’ v. 2).
(7). ↑ Num. VI, 7. This refers to a Nazirite.
(8). ↑ If he may not defile himself even for his parents, it is obvious that he may not defile himself for his sister.
(9). ↑ Sc. one who was both a Nazirite and a High Priest.
(10). ↑ So that he could partake of the Passoveroffering, which may not be eaten by a man whose son is uncircumcised.
(11). ↑ Lit., ‘that a dead had died unto him.’
(12). ↑ Lit., ‘say’.
(13). ↑ Heb., meth mizwah, a corpse which it is a duty to bury. If any person, even a High Priest, comes across an unattended corpse, he must defile himself and attend to his burial.
(14). ↑ Thus it is taught here that he must not defile himself but sacrifice the Passover-offering, whereas the first Baraitha teaches that he must defile himself. An obvious difficulty arises here: the first Baraitha refers to a priest, who must defile himself for his near relations, whereas the second treats of a Nazirite who is also a High Priest, who may not defile himself even for his relations. Sh.M. quotes a var. lec., according to which this second Baraitha, though interpreting a passage dealing with a Nazirite, transfers its teaching to an ordinary priest; in which case there is a definite contradiction between the two.
(15). ↑ Cf. p. 479. n. 6.
(16). ↑ Hence the obligation to sacrifice the Passoveroffering overrides this permission, and he may not defile himself.
(17). ↑ Yet there may be no difference between death before midday and death after midday.
(18). ↑ Which forbids him to defile himself.
(19). ↑ Num. VI, 6. E.V. to a dead body. R. Akiba however understands the Hebrew as two substantives.
(20). ↑ Lit., ‘distant ones’.
(21). ↑ Since ‘dead’ refers to relations, v. 7 which enumerates these relations is superfluous; R. Akiba explains that each relation enumerated has a particular teaching.
(1). ↑ R. Simeon is not self-contradictory.
(2). ↑ Hence he may not eat of the Passover-offering in the evening.
(3). ↑ He holds that by Scriptural law Aninuth applies only to the day of death.
(4). ↑ And this Rabbinical law is waived in favor of the Passover-offering.
(5). ↑ In both cases the man died on the fourteenth, and R. Simeon holds that the Aninuth of the following night is Rabbinical. Now, the obligation to sacrifice the Passover-offering commences at midday on the fourteenth. Consequently, if death took place before midday, Aninuth preceded the obligation, and this prevents the obligation from becoming operative; therefore he does not eat the Passover-offering in the evening. But if the man died after midday, this person was already under the obligation, therefore he does eat the Passoveroffering in the evening.
(6). ↑ Lev. XXI, 3. This refers to a priest, who may not defile himself for the dead, except for certain near relations, e.g., father and mother, etc. ‘Her’ means an unmarried sister, and, according to the Rabbis, his wife (‘his kin that is near to him,’ v. 2).
(7). ↑ Num. VI, 7. This refers to a Nazirite.
(8). ↑ If he may not defile himself even for his parents, it is obvious that he may not defile himself for his sister.
(9). ↑ Sc. one who was both a Nazirite and a High Priest.
(10). ↑ So that he could partake of the Passoveroffering, which may not be eaten by a man whose son is uncircumcised.
(11). ↑ Lit., ‘that a dead had died unto him.’
(12). ↑ Lit., ‘say’.
(13). ↑ Heb., meth mizwah, a corpse which it is a duty to bury. If any person, even a High Priest, comes across an unattended corpse, he must defile himself and attend to his burial.
(14). ↑ Thus it is taught here that he must not defile himself but sacrifice the Passover-offering, whereas the first Baraitha teaches that he must defile himself. An obvious difficulty arises here: the first Baraitha refers to a priest, who must defile himself for his near relations, whereas the second treats of a Nazirite who is also a High Priest, who may not defile himself even for his relations. Sh.M. quotes a var. lec., according to which this second Baraitha, though interpreting a passage dealing with a Nazirite, transfers its teaching to an ordinary priest; in which case there is a definite contradiction between the two.
(15). ↑ Cf. p. 479. n. 6.
(16). ↑ Hence the obligation to sacrifice the Passoveroffering overrides this permission, and he may not defile himself.
(17). ↑ Yet there may be no difference between death before midday and death after midday.
(18). ↑ Which forbids him to defile himself.
(19). ↑ Num. VI, 6. E.V. to a dead body. R. Akiba however understands the Hebrew as two substantives.
(20). ↑ Lit., ‘distant ones’.
(21). ↑ Since ‘dead’ refers to relations, v. 7 which enumerates these relations is superfluous; R. Akiba explains that each relation enumerated has a particular teaching.
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