1)A BURIAL AREA
(a)(Mishnah): If one finds one or two corpses lying normally, he may move them (to bury them elsewhere) with the earth they are in;
(b)If he finds three corpses, if they (Rashbam - face the same way, and are side by side, and the outermost ones are) separated by between four and eight Amos, we consider the area to be a burial area (he may not move them);
(c)He checks 20 Amos from them. If he finds another corpse, he (may not move it, and) checks another 20 Amos from it, because there are grounds to say that it is also part of the burial area;
1.Had he found the fourth before the other three, he could have moved it with its earth.
(d)Question: If between four and eight Amos separate (the outermost ones), the Mishnah assumes that they came from a burial cave (we assume that they were all buried on one side). Who is the Tana?
1.According to Chachamim, each side is four or six. According to R. Shimon, it is six or eight!
(e)Answer: It is R. Shimon, according to R. Shimon ben Yehudah (the side lengths are four and eight):
1.(Beraisa): If one finds three or more corpses and less than four Amos separate the outermost ones, he may move them with their earth, the law of a burial area does not apply;
2.R. Shimon ben Yehudah cites R. Shimon to say that we ignore those that are too close. If the outermost ones are separated by between four and eight Amos, we apply the law of a burial area.
(f)Question: Can we explain the Mishnah like R. Shimon? The Seifa is not like anyone!
1.(Seifa): He checks 20 Amos from them.
i.According to R. Shimon, he should check 22 Amos (perhaps these were on a short side, eight Amos from the interior of the cave, the interior is six long (like the courtyard above), and there are eight Amos to the short side of the cave in the opposite direction);
ii.According to Chachamim, he need check only 18 Amos (the short side is six Amos from the interior, the interior is six, and six to the end of the opposite cave)!
(g)Answer #1: (The Reisha is R. Shimon, and the Seifa is Chachamim);
1.He checked the first cave on the diagonal (to find corpses on the long sides), which is (about) eight Amos; the remaining 12 Amos are (six) for the interior and (six) for the length of the opposite cave.
2.Question: He should also check the opposite cave on the diagonal (which is eight), making 22 in all!
3.Answer: Since he did not find more in the first cave, we are not stringent to make him check the opposite cave on the diagonal.
(h)Answer #2 (Rav Shisha brei d'Rav Idi): The entire Mishnah is R. Shimon;
1.The three corpses found were Nefalim. (A cave for Nefalim is only six Amos long. The remaining 14 Amos are (six) for the interior and (eight) for the length of the opposite cave.)
2.Question: We should say that also the opposite cave is for Nefalim, and require checking only six for it!
3.Answer: We do not assume that two caves are for Nefalim.
(i)Contradiction: Both Chachamim and R. Shimon contradict themselves!
1.(Mishnah - R. Shimon): If rows of a vineyard are less than four Amos apart, it is not considered a vineyard;
2.Chachamim say, we ignore those that are too close together, and (if enough vines remain,) it is considered a vineyard.
(j)Answer - part 1 (for R. Shimon): There, one does not plant in order to uproot. We assume that he will leave them all, and they are not planted like a vineyard;
1.Here, we are concerned lest people were rushed to bury a Mes just before Shabbos, and buried him (abnormally) close to properly spaced Mesim.
(k)Answer - part 2 (for Chachamim): It is disgraceful to bury people so close together, so we assume that they planned to rebury them all elsewhere;
1.One does plant vines densely, planning to leave the good ones and uproot the poor ones for firewood.
PEREK HA'OMER L'CHAVEIRO
2)ARE DITCHES AND ROCKS CONSIDERED PART OF A FIELD?
(a)(Mishnah): If Reuven told Shimon 'I sell to you a Beis Kor of earth', and there were ditches 10 Tefachim deep or rocks 10 Tefachim tall, they are not considered part of the Beis Kor;
1.If they were less than 10 Tefachim, they are part of the Beis Kor.
(b)If he said 'I sell to you approximately a Beis Kor of earth'. even ditches and rocks of 10 Tefachim are part of the Beis Kor.
(c)(Gemara - Mishnah): If one was Makdish his field at a time when Yovel applies, the redemption price is fixed, 50 silver Shekalim for a Beis Chomer of barley (the area in which a Kor of barley is sown).
1.If there were ditches 10 Tefachim deep or rocks 10 Tefachim tall, they are not redeemed like a field. (Rather, they are redeemed like regular Hekdesh, according to their value.) If they are less than 10 Tefachim, they are like part of the field.