(Beraisa) - Question: What is a Kever Tehom? When a body was buried in stubble, straw, earth or pebbles; but if buried in water, in darkness or in the cracks between stones, it does not create a Kever Tehom.

The general rule is - Anything that can be removed makes a Kever Tehom.

Question: Can one not remove stubble and straw?

Answer: This Beraisa does not follow the opinion of R. Yosi who said that straw that a person annulled, it is annulled and becomes part of the house.

R. Yosi bei R. Bun quoting Rav Chisda: All in fact agree to this law - R. Yosi said his law when it was mixed with earth (where it is assumed that he wished to remove it), but if just straw is placed in a field, it is annulled.

There is straw that is like earth and there is earth that is like straw -

Straw that he plans on removing is like earth.

Earth that he plans on removing is like straw.

The House of Yannai: If the straw was covered with mats, it is annulled.

Rejection: If he filled his house with mats, they would not be annulled; but if he covered the straw with mats it would be annulled?

Query: If he filled (his house or a furrow) with date-palm branches, are they annulled?

Answer (r. Zerikan/ R. Ami quoting R''SBL): Even if filled with spit it would be annulled.

What is the Kever Tehom? Whenever no-one remembers that there is body buried there.

Question: Should we not be concerned that there is someone on the other side of the world who knows of the body? And do not suggest that perhaps that person is dead, as a live person is assumed to remain alive!

Answer: They found him lying bent over - if he would have been buried by a person, he would have been laying in the regular manner.

Beraisa: Only a body can make a Kever Tehom.

This implies that a Neveilah (an animal's carcass) does not. It is a Kal Vechomer - If a body that is Metameh in a tent makes a Kever Tehom; Neveilah, that does not Metameh in a tent, should surely not make a Kever Tehom!

Question: Rather, why did the Beraisa teach that "only a body can make a Kever Tehom''? To exclude the Mishkav (bed) and Moshav (seat) of a Zav. (for example, if he sat on a pile of pillows with a Mishkav or Moshav at the bottom of the pile, the Tzitz does not cause acceptance.)

(mishnah in Maseches Zevachim): All sacrifices that the blood was received by a non-Kohen, a mourner on the day of burial, a Tevul Yom, one without the required Priestly vestments, one without atonement (for example, a Metzorah who completed his seven-day Taharah process but has not yet brought his sacrifices on the 8th day), one without washing his hands and feet, one who is uncircumcised; one who is Tameh, one who is sitting, one who is standing on vessels or on an animal or on his friend, they are disqualified.

The Daromians (southerners) said - This refers to one who is Tameh with Zivah or Tzora'as, but one who became Tameh through contact with a body did not profane the Divine service, since such Tumah is permitted for the many on Pesach.

Question-Beraisa (r''SBL to the Daromians): If the owners, who are strong for all Tuma'os in the year (as they can send their Korban with others), but are weak in the case of a Tameh Mes on Pesach (as the Korban cannot be slaughtered for them); the Kohen who is weak for other Tuma'os throughout the year (as if he became Tameh through a Sheretz, he cannot bring up a sacrifice), will certainly be weak for Tameh Mes on Pesach?!

Another law of Rebbi in the Mishnah: The Tzitz causes acceptance for Tameh blood but does not cause acceptance for Tumah of the person.

If you say that we are referring here to Tumah of Ziva and Tzara'as, that cannot be, as the our Mishnah states that the Tzitz does cause acceptance for these Tuma'os.

Question: How do the Daromians understand it? They will answer that the owners became Tameh with a Tumas Haguf, for which the Tzitz does not cause acceptance.

Question: But the Mishnah taught Nazir?! (it cannot be that the owners became Tameh, as it could not be said that the Tzitz does not cause acceptance, as if he did become Tameh, this would not be his Korban.)

Answer: Rather, the Kohen became Tameh through a dead body.

Question: According to R''SBL, even if the Kohen became Tameh, the Tzitz does not cause acceptance!

Answer (r. Yirmiyah): He is using a Kal Vechomer that has a difficulty, as one could say to him - No! If you say it about the owners that they are weak in the case of the old or sick, will you say it for the Kohen who is strong in the case of the old and sick?! Any Kal Vechomer with a difficulty is not a Kal Vechomer!

Answer #2 (r. Chananya): He is using a Kal Vechomer that has a difficulty, as one could say to him - No! If you say it about the owners that the circumcision of his males and slaves is crucial to it; will you say it for the Kohen that the circumcision of his males and slaves is not crucial?! Any Kal Vechomer with a difficulty is not a Kal Vechomer!

Question (r. Yitschak bar Gufta to R. Mana): (Against the Daromians) If an individual who is Tameh from a body on Pesach cannot be learned from the law of the public on Pesach; can the Kohen throughout the year learn from the law of the public on Pesach?

Question (r. Ami): How did we explain the case of Tumah in the Mishnah....He is Tameh with Ziva or Tzora'as....

The Mishnah taught: Those who are without atonement (see earlier 2 (d)) - if after he immersed he profanes it, certainly he would profane it if he had not yet immersed!

Question #2: What is the case of the Tevul Yom of the Mishnah? If it is the Tevul Yom Min Ha'mes (of someone who followed the process of Taharah after coming in contact with a body) - someone who is actually Tameh Mes (from a contact with a body) does not profane, certainly a Tevul Yom Min Ha'mes will not profane!

Rather, is it a Tevul Yom from a Sheretz? If a Tevul Yom Min Ha'mes does not profane, certainly a Tevel Yom from a Sheretz will not profane!

R. Shmuel/ Rav Yudan: Rather, it refers to a Tevul Yom of a Zav, meaning that he touched a Zav.

Rabbanan of Kisarin explain: It refers to a Zav who is a Tevul Yom as he only saw one emission; a Tameh person who saw two emissions (he is now Tameh for seven days but does not bring a Korban); one who lacks atonement who say three times (he must now bring a Korban).

Question: What is the source of the Daromians that the touch of a Zav is like a Zav himself?

Answer (Beraisa - R. Eliezer quoting R. Hoshiya): The Pasuk states (shemos 28, 38), "And Aharon will bear the sin of the Kodshim'' - meaning the sin of the actual sacrifice but not sin of the one who brings it. What does 'the sin of the actual sacrifice' refer to? The blood.

Question: But blood cannot receive the Tumah of a Zav?! Rather, it refers to blood touched by a Zav.

If so, the Tzitz should also not cause acceptance for the sin of the one who brings it, even for the touch of the Zav.

Deduction: If amongst the congregation were people who had touched Zavin or Zavos, they cannot bring the Korban in Tumah, as the touch of a Zav is like the Zav himself.