פירוש על נזיר 7:3

A Meth Mizwah²⁶ Glos. whom one found in a field and buried him therein even without the knowledge of the owner of the field,²⁷Derived from San. ibid. is forbidden to be cleared away, for a Meth Mizwah takes possession of his place, and when one finds him he must bury him on the spot wherein he found him.²⁸One of the ten enactments laid down by Joshua upon entering the Land of Israel was that a Meth Miẓwah should be buried in whatever spot he is found (B.K. 81a-b; ‘Er. 17a; Sot. 45b and cf. San. 47b). Nowadays this law is no longer applicable and we follow the law of the land — TaZ, ShaK, A.H. If he found him [lying broadways] across a narrow path²⁹Obstructing the way so that people passing by are compelled to step over the corpse. he must remove him therefrom on account of the public, so that they should not convey uncleanness by overshadowing him.³⁰So as not to cause defilement to Priests and those who abserve levitical purity through overshadowing or forming a shelter over the corpse. Cf. Ohol. III, 1 seq. If he found him between an uncultivated field, i.e., one that is unplanted and unsown and a fallow field, i.e., one that was ploughed but unsown, — he removes him to the uncultivated field;³¹In order to reduce the damage as much as possible. [if] between a fallow field and a field with seed, he removes him to the fallow field;³²B.K. 81b and ‘Er. 17b in accord with R. Bibi. [if] between a field with seed and a tree-planted field, he removes him to the field with seed; if betwwen a tree-planted field and a vineyard field, he removes him to the tree-planted field; but if both [fields] are equal he removes him to the nearer one; and if both are equal in nearness, he may remove [him] to whichever one he prefers.³³Sem(H). IV, 18; Y.Naz. VII, 1(56b). The latter source adds: ‘If found between a tree-planted field and a vineyard, he should remove him to the vineyard.’ Thus Yad, Tumath Meth VIII, 7 and Sefer Ha-Eshkol. When does this apply? — [If he found him] outside the [cemetery]³⁴Thus A.H. limits, but if he found him within the [cemetery]³⁴Thus A.H. limits he conveys him to the cemetery.³⁵Y.Naz. VII, 1(55d-56a-b). Thus also in Sem. ibid. according to the version of N in T.H. Not found in cur. ed. of Sem ( Baraithoth Ebel Rabbathi IV, p. 245). He is designated a Meth Mizwah only if he found his head and the larger portion [of his body].³⁶Y.Naz. ibid. and Sem. in accord with version of N. Needless to say that the law of Meth Miẓwah applies only if the head and the larger portion of the body were found intact. With respect to the head if found in one place and the body in another, v. Mishna Sot. 45b and Gemara ibid.

He is designated a corpse [whose burial is] a religious duty with respect to this matter [of defilement], only if he found his head and the larger portion [of his body].⁵ supra § 364, 3 end and cf. supra § 353, 7; infra § 375, 7. If, however, he found his head and the larger portion [of his body] save one limb, he may [later] return to defile himself for that limb [when he finds it].⁶Y.Naz. VII, 1(55d). In this respect the limb is treated with more stringency than in the case of a near-of-kin for whom the Kohen defiles himself only if the corpse is whole but not for limbs or when the body is defective. supra § 373, 9.