Sanhedrin 47b
סנהדרין מ״ז ב — ד"ה תָּא שְׁמַע
Sanhedrin 47b:11-13
Chachmei Bavel describe three categories of graves: a newly found grave and a public-hazard grave may be relocated, with differing rules regarding ritual purity and benefit, whereas a known grave may not be relocated; the passage then limits the discussion to a grave constructed above ground.
תָּא שְׁמַע: נִמְצָא אַתָּה אוֹמֵר שָׁלֹשׁ קְבָרוֹת הֵן – קֶבֶר הַנִּמְצָא, קֶבֶר הַיָּדוּעַ, קֶבֶר הַמַּזִּיק אֶת הָרַבִּים. קֶבֶר הַנִּמְצָא – מוּתָּר לְפַנּוֹתוֹ. פִּינָּהוּ – מְקוֹמוֹ טָהוֹר וּמוּתָּר בַּהֲנָאָה. קֶבֶר הַיָּדוּעַ, אָסוּר לְפַנּוֹתוֹ. פִּינָּהוּ – מְקוֹמוֹ טָמֵא וְאָסוּר בַּהֲנָאָה. קֶבֶר הַמַּזִּיק אֶת הָרַבִּים, מוּתָּר לְפַנּוֹתוֹ. פִּינָּהוּ – מְקוֹמוֹ טָהוֹר וְאָסוּר בַּהֲנָאָה. הָכָא נָמֵי, בְּקֶבֶר בִּנְיָן.
The Gemara suggests: Come and hear a proof from another baraita: It turns out that you say that there are three types of graves, and each type is governed by different halakhot with regard to whether or not a corpse may be removed from the grave and buried elsewhere: A newly found grave, a known grave, and a grave that causes damage to the public. How so? With regard to a newly found grave, i.e., a grave in which a corpse had been buried without the permission of the property’s owner, one is permitted to remove the corpse from the grave and bury it elsewhere. After he has removed the corpse, the place of the grave is ritually pure and he is permitted to derive benefit from it. With regard to a known grave, i.e., a grave in which a corpse had been buried with the permission of the property’s owner, it is prohibited to remove the corpse from the grave and bury it elsewhere. If one went ahead and removed the corpse, the place of the grave is ritually impure and it is prohibited to derive benefit from it. As for a grave that causes damage to the public, e.g., a grave that was dug on a public road and causes the passersby to contract ritual impurity, one is permitted to remove the corpse from the grave and bury it elsewhere. After he has removed the corpse, the place is ritually pure, but nevertheless, it is prohibited to derive benefit from it. This indicates that even that which is attached to the ground can become forbidden, even after the corpse has been removed from the grave. The Gemara answers: Here too, the reference is to a grave that was constructed above ground.









