Burial and Matzevah

(10) Rabbi Ishmael said: All the bodies crumble into the dust of the earth, until nothing remains of the body except a spoonful of earthy matter. In the future life, when the Holy One, blessed be He, calls to the earth to return all the bodies deposited with it, that which had become mixed with the dust of the earth, like the yeast which is mixed with the dough, improves and increases, and it raises up all the body. When the Holy One, blessed be He, calls to the earth to return all the bodies deposited with it, that which has become mixed with the dust of the earth, improves and increases and raises up all the body without water. Forthwith the earth quakes and the mountains tremble, and the graves are opened, and the stones of the graves are scattered about one from the other, as it is said, "And the Lord God shall save them || in that day as the flock of his people: for they shall be as the stones of a crown, lifted on high over his land" (Zech. 9:16).

§ It was taught in the mishna: One may mark graves on the intermediate days of a Festival so that passersby will know to avoid them and not become ritually impure. Rabbi Shimon ben Pazi said: Where is there an allusion in the Torah to the marking of graves? The verse states: “And when they that pass through shall pass through the land, and any see a man’s bone, then shall he set up a sign by it” (Ezekiel 39:15). Ezekiel prophesies that at some future time, the Jewish people will erect signs over the strewn remains of the dead so that others will know to avoid ritual impurity. Ravina said to Rav Ashi: Before the prophet Ezekiel came and alluded to this obligation, who said that graves must be marked? This matter we did not learn from the Torah of Moses our teacher, but rather, we learned it from the words of the prophet Ezekiel ben Buzi, they originally learned it as a tradition, and then Ezekiel came and based it on a verse. Rabbi Abbahu said: An allusion to the marking of graves may be derived from here: “And the leper in whom the plague is, his clothes shall be rent, and the hair of his head shall go loose, and he shall cover his upper lip, and shall cry: Impure, impure” (Leviticus 13:45). This verse teaches that impurity cries out to the passerby and tells him: Remove yourself. The leper must inform others of his status so that they know not to come into contact with him and thereby maintain their ritual purity. So too, in our case, graves must be marked so that others will know to avoid them and prevent contracting ritual impurity. And similarly, Rabbi Uzziel, grandson of Rabbi Uzziel the Great, said: Impurity cries out to the passerby and tells him: Remove yourself. § With regard to the halakhot of marking graves, the Sages taught the following baraita: The courts do not mark the area of an olive-bulk of a corpse; nor of a bone that is the size of a barleygrain-bulk; nor of any item that imparts impurity only through physical contact but does not impart ritual impurity by means of a tent to an individual or object that it overshadows, or that is overshadowed by it, or that is found together with it under the same structure. But they do mark the area of the spine of a corpse, the skull, or the bones that comprise the majority of the skeletal structure or the majority of the number of bones in the body. And furthermore, they do not mark the area of certain ritual impurity, i.e., a place that is known to all as ritually impure, but they do mark a place of uncertain ritual impurity. And these are the places of uncertain ritual impurity: Overhanging boughs, protrusions, and a beit haperas. And they do not erect the marker directly over the site of the ritual impurity, so as not to cause a loss of ritually pure food items, as one who is carrying such food might inadvertently walk up to the site of ritual impurity and only then notice the marker, after the food has already contracted impurity. Similarly, they do not distance the marker from the actual site of ritual impurity, so as not to cause a loss of Eretz Yisrael, i.e., so as not to increase the area into which individuals refrain from entering.

(5) The surplus of [money raised for] the poor [must be used] for other poor. The surplus of [money raised for] a [particular] poor person [must be given] to that [poor person]. The surplus of [money raised for the ransom of] captives [must be used] for [the ransom of other] captives. The surplus of [money raised for the ransom of] a [particular] captive [must be given] to that captive. The surplus of [the money raised for the burial of] the dead [must be used] for [the burial of other] dead. The surplus of [the money raised for the burial of] a [particular] dead person [must be given] to his heirs. Rabbi Meir says: the surplus of [money raised for the burial of] a [particular] dead person must be laid aside until Elijah comes. Rabbi Natan says: the surplus of [money raised for the burial of] a [particular] dead person [must be used] for building a monument for him over his grave.