daf bit: Bava Kama 81
Mar. 19th, 2009 09:22 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
cellioThe rabbis taught that Joshua made ten stipulations upon entering
the land of Israel. One of them is that a dead body, which we must
bury upon finding it, automatically has the right to be buried where
found. The g'mara clarifies: if the body is found in the road, it
may be removed to either side to be buried. If on one side there
is an uncultivated field and on the other a fallow one, he should
be buried in the uncultivated field. If on one side there is a
fallow field and on the other a planted field, he should be buried
in the fallow one. But if both fields are in the same state the
finder may remove the body to any place he likes for burial. (81b)
(It is not clear to me whether "any place" really means that, or if it just means either of these two options. Joshua's edict would seem to mean by the side of the road, not halfway across the county.)
(no subject)
Date: 2009-03-20 01:50 am (UTC)1. [Here's the tenth rule of Joshua:] ומת מצוה קנה מקומו: And a met mitzvah acquires his place.
1a. ורמינהי --- and the assertion that this is in fact a halacha can be challenged from the following source of equal rabbinic authority: [and the entire following teaching, which you translated above, is the source]
1a1. אמר רב ביבי --- Rav Bibi said --- and the fact that this uses amar and no one contradicts him implies to me that this is his gloss on the baraita quoted in 1a, and no one disagrees with him on this
As for the question of who is giving permission, I think it's The Halacha. I'd compare it, l'havdil, to moving muktzeh on Shabbat. In general you're not supposed to, but there are certain exceptions; once you've started to move it you may continue to carry it to wherever you want even after the condition that allowed you to start handling it has been discharged. So, for example, you're allowed to move stinky garbage if it's disturbing your oneg Shabbat, but once you've picked up the kitchen trash and taken it outside you're allowed to continue until you reach the driveway where your garbage can is.