Sotah 44a (מד.) — the Talmud in English

And Rabbi Yitzḥak said that Rabbi Yoḥanan said in the name of Rabbi Eliezer ben Ya'akov:

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A corpse occupies four cubits with regard to ritual impurity,

as the Sages decreed that anything found within four cubits adjacent to a corpse is impure, so that those who eat ritually pure food would not become accustomed to approaching it closely; for there is concern that, unknowingly, their hands might extend over it and they would become impure without being aware of it.

And the tanna teaches likewise [

and likewise our tanna taught] in the Mishna cited in tractate Taharot (Oholot 15:8):

The courtyard of the grave

that is before the cave,

one who stands inside it

is pure,

even if the distance between him and the corpse buried in the cave is less than four cubits.

The Sages did not decree that the corpses inside the cave render the area outside the cave impure even within four cubits, since the cave is separate from the courtyard and its partitions are recognizable,

and it was only with regard to a corpse lying in the open air—for example, above, near the roof of the cave—that the Sages decreed that it renders four cubits impure, in order to keep a person from extending himself over the source of impurity. In the cave, however, there is a distinguishing feature.

And this is so only when there are

in the courtyard of the grave

four cubits

by four cubits, for only in this manner is the courtyard considered significant and regarded as a place separate from the grave cave, and one who stands inside it is pure,

but if it is smaller than this, it is subordinate to the cave and is not considered an independent place.

These are the words of Beit Shammai.

Beit Hillel say:

It is sufficient that it contain

four handbreadths,

for by virtue of this the courtyard is already considered a significant place separate from the grave cave.

But

with regard to what are these matters stated—

that it is sufficient for it to contain four handbreadths? Only when

its entrance

to the courtyard

is from above,

so that there is no sloped path with steps by which to descend into the courtyard; rather, one jumps into it from above, and when leaving it one climbs up and exits. In this manner there is less concern that he will extend himself over the corpse,

but

if

its entrance is from the side,

so that there is a slope by which to descend into the courtyard,

everyone agrees

that it must contain

four cubits

in order to be considered a place separate from the grave.

And we raise an objection:

Where is this going? [

What do these words mean?] The opposite is more logical:

On the contrary,

if the entrance was on a slope

from the side,

since the Sages did not decree four cubits in this case, recognizable partitions should suffice even in a courtyard of four handbreadths, and one who stands inside it should be pure.

There is no reason to render him impure, since in order to leave the courtyard he need not climb and extend his arms until he extends himself over the opening. Rather,

he slides down and emerges [

slips out and exits] easily, without approaching the source of impurity.

This is not so when the entrance is

from above,

since he must climb in order to leave the courtyard.

If the courtyard is only four handbreadths,

it is impossible that he not extend himself over it

the grave while climbing and leaving the courtyard.

Rather,

this is what must be said:

with regard to what are these matters stated—

that it is sufficient for it to contain four handbreadths? Only when

its entrance

to the courtyard is

from the side; but

if

its entrance is from above,

so that one must climb in order to leave it, then it must contain

four cubits

so that one who stands inside it will be pure.

And

from the fact that the Mishna needed to teach us, with regard to the courtyard of the grave, that one who stands inside it is pure,

it follows that

these matters [

that these statements], that a person may be close to a corpse, apply in

a grave courtyard whose partitions are defined [

whose partitions are clearly delimited],

but an ordinary corpse,

which is not located in a place defined by boundaries, certainly

occupies

four cubits around it.

For if the Sages had not decreed that an ordinary corpse occupies four cubits, why would the Mishna have needed to teach us that one standing in the courtyard is pure?

If so, there is support from the Mishna for the statement of Rabbi Yoḥanan in the name of Rabbi Eliezer ben Ya'akov, who said that a corpse occupies four cubits with regard to impurity:

We learned in the Mishna: “

The man who betrothed a woman

and did not take her [in marriage], let him go and return to his house” (Deuteronomy 20:7):

The Sages taught

in a beraita:

“Who betrothed”—

whether

one who betrothed a virgin,

or

whether

one who betrothed a widow,

or

whether

one

who has

a woman awaiting levirate marriage,

whom he himself did not betroth, but who came to him by virtue of his brother,

and even

if there were

five brothers and one of them died in the war,

so that one of the remaining brothers must perform levirate marriage with his wife, the law is that

all of them return

on her account.

Furthermore, Scripture could have said

“and did not take her,”

but it says

“and did not take her” in the feminine form; this wording comes to exclude:

A.

the case of

a widow for a High Priest,

B.

a divorcee or a ḥalutza for an ordinary priest,

C.

a mamzeret or a netina for an Israelite,

D.

an Israelite woman for a mamzer or a netin,

all of whom are transgressors and are obligated to divorce their wives, and therefore do not return.

We inquire about this:

Shall we say that this beraita is

not

in accordance with

the opinion of

Rabbi Yosei HaGelili?

For if

it is in accordance with

Rabbi Yosei HaGelili, he said: “The fearful and fainthearted”

means one who is afraid because of sins in his possession,

and if so, those who married women in violation of a prohibition return from the war as transgressors?

And we explain:

You may even say [

it is possible to say] that the beraita follows the opinion of

Rabbi Yosei HaGelili,

and nevertheless, those who married these women who were excluded by the phrase “and did not take her” do not return because they transgressed,

since at the time of betrothal they had not yet violated a prohibition.

This is in accordance with the statement of Rabba, for Rabba said: In every case

there is no transgression in betrothing with money or a document a woman who is forbidden to him, and he

is not liable

for lashes

until he has intercourse with her,

and thereby brings his offspring or the woman to profanation. Even with regard to a widow for a High Priest, concerning whom it is written “he shall not take,” and taking means betrothal, Rabba teaches that there is no transgression in betrothal.

What is the reason

for this?

Because it is stated with regard to a High Priest: “A widow, or a divorced woman, or a profaned woman, or a harlot—these he shall not take … and he shall not profane his offspring among his people” (Leviticus 21:14–15). Thus, he is prohibited from

“he shall not take” because of “he shall not profane

his offspring

”; therefore he is not flogged until he has intercourse,

since neither she nor her offspring become profaned until he has intercourse with her.

The Sages taught

in a beraita:

The order of the verses is: first

“who built”

and

“who planted,”

and afterward

“who betrothed.”

The Torah taught proper conduct

to a person:

that

first

a person should build a house and plant a vineyard, and

only

afterward marry a woman

.

And Solomon likewise said in his wisdom

:

“Prepare your work outside, and make it ready for yourself in the field,

(and establish your work in the field)

and afterward build your house”

(Proverbs 24:27).

“Prepare your work outside”

—

this is a house.

“And make it ready for yourself in the field”—

this is a vineyard.

“And afterward build your house”—

this is a wife

.

Alternatively,

the verse is expounded with regard to Torah study:

“Prepare your work outside”—

this is Scripture;

“And make it ready for yourself in the field”—

this is Mishna;

“And afterward build your house”—

this is Gemara

, meaning, to provide reasoning, understand the rationales of the Mishna, and issue halakhic rulings in accordance with whichever opinion…

Alternatively:

.

“Prepare your work outside”—

this is Scripture and Mishna;

“And make it ready for yourself in the field”—

this is Gemara;

“And afterward build your house”—

these are good deeds.

Rabbi Eliezer, son of Rabbi Yosei HaGelili, says:

“Prepare your work outside”—

this is Scripture, Mishna, and Gemara;

“And make it ready for yourself in the field”—

these are good deeds

that is, refined qualities and character traits ,

“And afterward build your house”—

meaning, refined qualities and character traits . “And afterward build your house”— expound and receive reward,

for then he can expound and teach Torah to others

: We learned in the Mishna:

And these are those who do not return: one who built a gatehouse, and so on,

and Rabbi Yehuda says: Even one who built a house on its original foundation does not return:

The tanna taught

in a beraita:

If he added one course of stones [

a tier, a row of stones],

one

more than the previous house, whether in height or thickness, it is no longer called “on its original foundation,” and

he returns,

for it is already called a new house:

We learned in the Mishna:

Rabbi Eliezer says: Even one who built a brick house in the Sharon would not return:

The tanna taught

in a beraita:

Because it is renovated

twice

in a shavua [

a seven-year period], since it does not endure; consequently, this is not permanent construction: We learned in the Mishna:

And these are those who do not move from their place: one who built a new house and dedicated it, and so on:

The Sages taught

in a beraita:

It is written in the Torah: “When a man takes a new wife, he shall not go out with the army, nor shall he be charged with any matter” (Deuteronomy 24:5).

“A new wife”

I have

to derive from this

only a new wife,

meaning a virgin whom he married. But if he married

a widow or a divorcee

(from another man),

from where

do I know that he is included as well?

The verse states “wife,” in any case,

to include even a woman who is not a virgin.

If so, why does the verse state “a new wife”?—

to exclude,

for only

one to whom she is new

is included;

excluding one who remarries his divorced wife, for she is not

new

to him.

The Sages taught

in a beraita:

It is written:

“He shall not go out with the army.”

I might

have said that only

with the army he may not go out, but he may supply water and food

to the soldiers,

and repair the roads.

The verse states: “Nor shall he be charged with any matter.”

I might have said that I include even one who built a house and did not dedicate it, planted a vineyard and did not use its fruit, or betrothed a woman and did not take her,

so that they too may not perform any task.

The verse states “with him”

to exclude:

Only

upon him may you impose no

task whatsoever;

but you may impose tasks upon others.

And we raise an objection:

Since it is written

in the verse

“he shall not be charged,”

meaning that he is exempt from every form of service, then

why do I need “he shall not go out with the army”?

And we answer:

It is to make him violate two prohibitions,

for if he goes out with the army, he violates both “he shall not be charged” and “he shall not go out.”

Mishna:

It was already explained above that there were three sections in the statements addressed to the people: in the first section, the anointed priest for war speaks and another priest announces; in the second section, the anointed priest for war speaks and an officer announces; and our Mishna concerns the third section, in which an officer speaks and an officer announces.

“And the officers shall continue to speak to the people,

saying: Who is the man who is fearful and fainthearted? Let him go and return to his house, and let him not melt the heart of his brothers like his heart” (Deuteronomy 20:8). The tannaim disputed the meaning of the expression “fearful and fainthearted”:

Rabbi Akiva says: “Fearful and fainthearted” is to be understood literally,

as one who cannot stand in the battle formations

when they join together and stand close-packed so that the enemy will not separate them,

and cannot look upon a drawn sword,

because terror overtakes him.

Rabbi Yosei HaGelili says: “Fearful and fainthearted”—this also refers to

one who

is afraid because of sins in his possession,

even if he violated only a matter instituted by the Scribes.

And since one who is afraid because of sins in his possession returns,

therefore the Torah attributed all these

reasons for exemption from going out with the army—because of a house, a vineyard, and the like—

in order

that he may return because of them,

so that everyone will not know that he is returning because of sins in his possession and think that he is returning for one of the other reasons, and he will not be ashamed to return

. Rabbi Yosei says:

Only one who is afraid because of sins from the Torah in his possession, such as

a widow

who married

a High Priest,

or

a divorcee or a ḥalutza

who married

an ordinary priest,

or

a mamzeret or a netina

who married

an Israelite,

or

an Israelite woman

who married

a mamzer or a netin, he is

included among

“the fearful and fainthearted,”

who returns to his home. But because of transgressions involving matters instituted by the Scribes, he does not return.

“And it shall be, when the officers have finished speaking to the people, that they shall appoint officers of armies at the head of the people.”

And

the officers of the armies likewise appointed officers

at the rear of the people—

at the end of the camp, so that the last ones would not flee,

since both ends of the people are called “head.”

And how did the officers of the armies appoint them?

They would

station guards [

strong and fighting men]

before them,

to raise up those who fell and encourage them with words: “Return to the battle, and do not flee”

. And

guards

other

stand

behind them, and hatchets [

like axes]

of iron in their hands

in order to guard the soldiers so that they would not flee,

and whoever seeks to turn back

from the battle, causes the entire camp to fall because of him; therefore

the authority is in the hands

of the guard

to sever his thighs.