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Steinsaltz

And if it enters your mind that the halakha applies to either a spine or a skull and they are two separate halakhot, these are seven cases, rather than six. The Gemara rejects this claim: No proof can be brought from here, as when the tanna teaches this tally he lists seven items. However, only six are fully relevant here, and therefore he said they were six. The Gemara inserts a mnemonic device for the ensuing suggestions as to which item in the list is not necessary in this context: An individual disagrees with him; that he; a nazirite shaves for it; and one quarter-log.

The first explanation is: Rabbi Akiva listed the spine and skull as separate items, but the six include anywhere that many Sages disagree with him, to the exclusion of the case of a bone that is a barley-grain-bulk, as here it is an individual who disagrees with Rabbi Akiva, as it is taught in a mishna (Oholot 2:7): If a bone that is a barley-grain-bulk was divided into two, Rabbi Akiva deems it impure and Rabbi Yoḥanan ben Nuri deems it pure. In this case, only one Sage disagrees with Rabbi Akiva.

And if you wish, say a different item on the list that is omitted from the tally: When he teaches six, he includes a limb severed from a corpse, but he does not teach a limb severed from a living person, and that was the case that was not listed.

And if you wish, say a different item on the list that is omitted from the tally: When he teaches six, he mentions anywhere that a nazirite shaves for his overlaying, i.e., he formed a tent over the remains of a corpse, to the exclusion of the case of a bone that is a barley-grain-bulk, as it does not impart ritual impurity in a tent. As stated in the mishna, this bone imparts impurity only through contact and carrying.

And if you wish, say a different item on the list that is omitted from the tally: When he teaches six, he lists anywhere that Rabbi Akiva retracted his opinion, to the exclusion of a quarter-log of blood, as he did not retract his opinion in that case, as Rabbi Yehuda HaNasi said to bar Kappara: Do not teach a quarter-log of blood in the list of Rabbi Akiva’s retractions, as Rabbi Akiva held onto his opinion in this regard.

And furthermore, the verse supports his opinion, as it states: “Neither shall he go in to any dead bodies” (Leviticus 21:11). The plural form “bodies” indicates that two corpses can join together, as stated by Rabbi Akiva. Similarly, Rabbi Shimon says: All his days, Rabbi Akiva would deem a quarter-log of blood from two corpses ritually impure. Whether he retracted his opinion after he died, this I do not know. A Sage taught: Rabbi Shimon’s teeth blackened due to his fasts, which he undertook for uttering this irreverent comment about Rabbi Akiva.

§ The Gemara returns to the earlier discussion. Come and hear an answer to the question of whether a spine and skull must be together to impart ritual impurity, as it is taught in a mishna (Eduyyot 1:7) that Beit Shammai say: The quarter-kav of bones, which imparts impurity in a tent, can be from several bones [ha’atzamim] or from two or from three bones, but they cannot be from one bone. And Beit Hillel say: The quarter-kav of bones must come from the same body, either from the majority of the structure of the skeleton or from the majority of the number of 248 bones in the body. Rabbi Yehoshua said: I can establish the statement of Beit Shammai and the statement of Beit Hillel as one. In other words, I can explain their opinions so that there is no dispute between them.

How so? As when Beit Shammai say: From two or three bones, they mean either from two shins and one thigh, or from two thighs and one shin. Since the majority of a person’s height is contained in the height of these limbs, they are considered the majority of the structure of the body. And Beit Hillel say: Parts from the body, or from the majority of the structure, or from the majority of the number of bones, since they include the joints of the hands and feet, which comprise many small bones, impart impurity. Shammai says: Even a bone from the spine or from the skull imparts impurity. In this source, Shammai explicitly refers to a spine or a skull.

The Gemara rejects this proof: One cannot establish a general halakha from this source, for Shammai is different, as he is invariably stringent, whereas the Rabbis might disagree. The Gemara inquires: If so, let us resolve the opposite from this baraita: The reason that Shammai spoke of a spine or a skull is that Beit Shammai are stringent, from which it may be inferred that according to the Rabbis a spine and skull are not ritually impure unless both a spine and skull are present. The Gemara rejects this proof too: No, the Rabbis disagree with Shammai only with regard to one bone that comes from the spine or from the skull, but when it is intact, even if the bone is from one of them, either the spine or the skull, they possibly agree that it imparts impurity.

§ Rami bar Ḥama raised a dilemma: With regard to a quarter-kav of bones from a spine and a skull, what is the halakha? Does a nazirite shave for them? The Gemara explains the two sides of the dilemma: When the mishna teaches that one shaves for a half-kav of bones, does this apply only when they are from his other limbs, but in the case of bones from the spine and skull, which are stringent, as they impart ritual impurity on their own, even a quarter-kav of bones imparts impurity? Or perhaps it is no different.

Rava said: Come and hear a resolution from the mishna, which teaches: The spine and the skull. And if it enters your mind that a quarter-kav of bones that come from a spine and skull is more stringent than other limbs and imparts ritual impurity, let the tanna teach this halakha in a manner that presents a greater novelty, by stating: For a quarter-kav of bones that come from the spine and the skull.

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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