(Gemara) Question: What do Kusim expound (to justify not burying Nefalim properly)?

Answer: "Lo Sasig Gevul Re'acha Asher Gavlu Rishonim b'Nachalascha" -- whoever has Nachalah (inheritance) has Gevul (burial). This excludes Nefalim.

Question: Why is he believed to say whether or not a Nefel was buried in a certain place? Kusim are not concerned for (the primary meaning of) "v'Lifnei Iver Lo Siten Michshol" (causing others to sin! They explain it literally, to forbid putting obstacles in front of a blind person to make him fall.)

Answer (R. Avahu): A (Kusi) Kohen (he descends from Kohanim who assimilated among the Kusim) is believed to say that no Nefel was buried in the place he is standing. (He would not transgress becoming Tamei.)

Question: Perhaps he is already Tamei! (Kusim mistakenly think that a Tamei Kohen is not commanded about Tum'ah.)

Answer #1: He is holding Terumah (he would not transgress being Metamei Terumah).

Objection: Perhaps the Terumah is already Tamei!

Answer #2: He is eating Terumah.

Question: If so, obviously he is believed!

Answer: One might have thought that Kusim sometimes confuse Nefalim before and after 40 days after conception (only the latter have Tum'as Mes). The Mishnah teaches that this is not so.

(Mishnah): He is believed whether or not an animal already gave birth.

Question: He is not concerned for "v'Lifnei Iver... "!

Answer (R. Chiya bar Aba): He is shearing or working with the next child. (If it were a Bechor, this would be forbidden.)

Question: If so, obviously he is believed!

Answer: One might have thought that Kusim sometimes err about Tinuf (a miscarriage of blood that exempts from Bechorah). The Mishnah teaches that this is not so.

(Mishnah): He is believed about Tziyon Kevaros.

Even though this is mid'Rabanan, since a verse discusses it, Kusim are careful about this -- "v'Ro'ah Etzem Adam u'Vanah Etzlo Tziyon."

(Mishnah): He is not believed about Sechachos (or Pera'os or Beis ha'Peras).

(Mishnah): Sechachos are branches of a tree that tower over the ground. (Tosfos - one of them towers above Tum'as Mes, and we do not know which. A Kusi is not believed about this, even if he stands under one of them. Perhaps also he is in Safek. Kusim are lenient about Sefekos!)

(Mishnah): Pera'os are stones jutting out from a fence. (Tosfos - one of them towers above Tum'as Mes, and we do not know which.)

(Rav Yehudah): One may walk through a Beis ha'Peras (a field in which a grave was plowed) through bending down and blowing the earth before each step. (This clears away any small bones he might encounter.)

(Rav Yehudah bar Ami): If many people have walked through a Beis ha'Peras, it is Tahor. (We assume that any small bones have been crushed to less than k'Se'orah (the size of a barley seed), so they are not Metamei.)

(Beraisa): If a cemetery was plowed, it makes the surrounding fields Beis ha'Peras.

Question: How far in each direction becomes Beis ha'Peras?

Answer #1: This is for 100 Amos (in each direction), the length of a furrow. It makes a field of four (Beis) Sa'im (10,000 square Amos);

Answer #2 (R. Yosi): A field of five Sa'im (12,500 square Amos) becomes Beis ha'Peras (about 112 Amos in each direction).

Question: Kusim are believed about Beis ha'Peras!

If a grave was lost in a field (we forgot its location. Also this is called Beis ha'Peras), a Kusi is believed to say that it is not in a certain part of the field, for he testifies about the grave itself;

If branches of a tree tower above the ground, a Kusi is believed to say that there is no grave under any of them, for he testifies about the grave itself.

Answer (R. Yochanan): There, he is believed if he walks through the entire field (surely, he knows that the Mes was removed).

Question: If so, obviously he is believed!

Answer: One might have thought that we are concerned lest (unknown to us) there is a small strip (that is also considered part of the field. Perhaps the Mes is there, and the Kusi does not walk there, so he does not definitely transgress). The Beraisa teaches that we are not concerned for this.

(Mishnah): The general rule is, they are not believed about something that they are suspected about.

This includes Techumim (the limit how far from the city one may walk on Shabbos) and Yayin Nesech (wine touched by Nochrim. They are not believed about these.)

(Mishnah): If a woman found a Kesem on her body facing the place (of her Ervah), she is Teme'ah. If it does not face the place, she is Tehorah:

If it is on her heel or big toe, she is Teme'ah;

If it is on the inside of her legs or feet (that face each other), she is Teme'ah;

If it is on the outside of her legs or feet (facing outwards), or on the sides (the front or back) she is Tehorah.

If she found a Kesem on her garment from her belt or below, she is Teme'ah. If it is above her belt, she is Tehorah:

If it is on her sleeve, if it can reach the place, she is Teme'ah. If not, she is Tehorah.

If she took off her garment and covered herself with it (like a blanket) at night, wherever it is found, she is Teme'ah, for it moves around;

The same applies to a kerchief used to cover the head.

(Gemara - Shmuel): If a woman checked the ground, sat on it and found blood there, she is Tehorah. "Bi'Vsarah" teaches that she is Teme'ah only if she felt it in her body.

Question: We expound this word to teach that the blood is Metamei her while it is still inside her body!

Answer: Had it said "bi'Vsar," we would have expounded (only) one law. Since it says "bi'Vsarah," we may expound two laws.

Question: We expound a third law from this word! The blood must be "bi'Vesarah", but not in a Shefir or piece of flesh!

Answer: This is learned together with (a). (Rashba - there is no reason to favor one Drashah over the other, so it is unreasonable to learn only one of them. Alternatively, she does not feel blood in a Shefir.)

Question (Mishnah - R. Meir): If a woman urinated and saw blood:

If she was standing, she is Teme'ah. If she was sitting, she is Tehorah.

Question: What is the case?

If she was Margish, she should be Teme'ah even if she was sitting!

Answer: She was not Margish. Still, she is Teme'ah if she was standing!

Answer: Really, she was Margish. If she was sitting, we attribute her Hargashah to the urine;

If she was standing, the urine goes near the Makor (before coming out). The Dam came from there;

If she was sitting, she is Tehorah. (Perhaps the Dam is from a wound.)

Question (Beraisa): If an Ed (Bedikah cloth) was under a pillow and blood was found on it:

If the blood is in a round shape, she is Tehorah. If it is in a streak, she is Teme'ah.

Question: What is the case?

If she was Margish, why is she Tehorah if it is round?!

Answer: She was not Margish. Still, she is Teme'ah if it was in a streak!

Answer: Really, she was Margish. If it is round, we attribute her Hargashah to the Bedikah;

If it is in a streak, it surely came from her. If it is round, she is Tehorah. (Perhaps it is from a louse.)

Question (Beraisa): If a man (checked himself after Bi'ah and) found blood on his cloth, he and his wife are Teme'im. (Surely he was Bo'el Nidah.) They (each) bring a Korban;

If she checked herself Osyom (immediately) and found blood, they are both Teme'im and bring a Korban;

If she did a Bedikah afterwards and found blood, they do not bring a Korban. Their Tum'ah is Safek.

Question: What is the case?

If she was Margish (during Bi'ah), why is the Tum'ah Safek if the Bedikah was afterwards?!

Answer: She was not Margish. Still, she is Teme'ah if she checked immediately!

Answer: Really, she was Margish. If she checked later, we attribute her Hargashah to Bi'ah.

Question (Beraisa): There are three Sefekos regarding a woman:

If blood was found on her body, she is Safek Tehorah, Safek Teme'ah. We consider her Teme'ah;

If blood was found on her garment, it is Safek Tahor, Safek Tamei. We consider it Tahor;

For things that she touched or moved, we follow the majority. (Tosfos - this refers to one who found a Kesem on her garment. Rashi - it refers to a woman without a Veses. She did not see any blood.)

Question: What does this mean?

Suggestion: If most days she is Teme'ah, they are Teme'im, even though she was not Margish!

Answer: No. It means that if most days she sees blood with Hargashah, they are Teme'im, lest she was Margish but did not think about it.

Question #1 (Beraisa): If a Kesem was found on her body, she is Safek Tehorah, Safek Teme'ah. We consider her Teme'ah. If it was found on her garment, it is Safek Tahor, Safek Tamei. We consider it Tahor.

Question: What is the case?

If it was from her belt or below, why are we Metaher when it is on her garment? Our Mishnah is Metamei!

If it was above her belt, why are we Metamei when it is on her? Our Mishnah is Metaher!

Answer #1: It was from her belt or below. The case is, she passed through a meat market;

If it was found on her body, she is Teme'ah. Had it come from the outside, it would have been found on her garment;

If it was found on her garment, she is Tehorah. Had it come from her, (some of) it would have been found on her skin. (Rashba - even if it is also on her body, since we can Toleh, she is Tehorah. This clause is not precise. (Perhaps it is Agav the Reisha - PF.))

Answer #2: It was above her belt. The case is, she turned upside down;

If it was found on her body, she is Teme'ah. Had it come from the outside, it would have been found on her garment;

If it was found on her garment, she is Tehorah. Had it come from her, it would have been found on her skin.

Summation of question: If it was found on her body, she is Teme'ah, even though she was not Margish!

Question #2 (Mishnah): If a woman found a Kesem on her body facing the place, she is Teme'ah.

This is even if she was not Margish!

Answer #1 (R. Yirmeyah mi'Difti): Shmuel teaches that (without Hargashah) she is Tehorah mid'Oraisa. He agrees that she is Teme'ah mid'Rabanan.

Answer #2 (Rav Ashi): Shmuel holds like R. Nechemyah:

(Mishnah - R. Nechemyah): Kesamim apply only to things that are Mekabel Tum'ah. (Chachamim decreed only in the usual case. Alternatively, since the Kesem is Metamei what it is found on, we decree that it is Metamei also her.)