Sanhedrin 47b
סנהדרין מ״ז ע״ב
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Topic
When executed people get כפרה; whether graves and items set aside for the dead become forbidden for benefit.
Overview
The גמרא explains that people killed unjustly by a non-Jewish government get כפרה through their death, but people executed by a בית דין do not get it from death alone. They get it after death and burial, and, according to one answer, after their flesh decomposes. That is why their bones are moved to the family plot only after the flesh has decomposed. רב אשי gives a different answer: כפרה comes soon after burial, but the time for אבלות had already passed, so mourning is never started. Next comes a story about dirt taken from רב's grave as a cure for fever. שמואל allows it, because ground attached to the earth never becomes forbidden, and he learns this through a היקש from עבודה זרה. Three ברייתות seem to show graves becoming forbidden, and each is answered by saying it means a קבר בנין, a grave built from cut stones. Finally, אביי and רבא argue whether a garment woven for a dead person is forbidden. Their argument depends on whether הזמנה, setting something aside, counts. The גמרא begins to explain why רבא does not learn from עגלה ערופה, and his answer continues on the next amud.
Opening lines
הֲרוּגֵי מַלְכוּת לַהֲרוּגֵי בֵּית דִּין?
[Can you compare] those killed by the government to those killed by the court?
הֲרוּגֵי מַלְכוּת, כֵּיוָן דְּשֶׁלֹּא בְּדִין קָא מִיקַּטְלִי,
Those killed by the government, since they are killed unjustly,
הָוְיָא לְהוּ כַּפָּרָה.
have atonement.
הֲרוּגֵי בֵּית דִּין, כֵּיוָן דִּבְדִין קָא מִיקַּטְלִי,
Those killed by the court, since they are killed justly,
The steps (26)
- RejectionUnjust deaths versus just executions
- ProofProof from not burying them with their ancestors
- RejectionDeath and burial are both needed
- Challengeרב אדא's challenge from the rules of mourning
- ResolutionThe flesh must also decompose
- ProofThe משנה's wording supports the answer
- Resolutionרב אשי: mourning was missed at its start, so it stays missed
- ChallengeIf so, why wait for the flesh to decompose?
- ResolutionWaiting is practical, because the body cannot be moved earlier
- StatementDirt from רב's grave used for fever, and שמואל allows it
- ProofA פסוק places graves next to עבודה זרה
- ProofAttached idols are not forbidden, so attached graves are not either
- ChallengeA grave dug for one's father becomes forbidden
- ResolutionThe ברייתא means a built grave
- ChallengeA new grave becomes forbidden once a stillborn is placed in it
- ResolutionThis too means a built grave
- ChallengeThree kinds of graves: a known grave stays forbidden
- ChallengeThe third grave: one that harms the public
- ResolutionAgain, it is a built grave
- ChallengeMaybe the found grave belongs to a מת מצוה
- ResolutionA מת מצוה would be known
- StatementA garment woven for a dead person
- StatementThe reasons: does designation count?
- Responseאביי's source: learning from עגלה ערופה
- Responseרבא's source: learning from עבודה זרה
- ChallengeWhy doesn't רבא learn from עגלה ערופה?