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Text Excerpt
אשם תלוי — ישרף, רבי יהודה אומר: יקבר. חטאת העוף הבאה על הספק — תשרף, רבי יהודה אומר: יטילנה לאמה.
With regard to a provisional guilt offering brought by one who is uncertain as to whether he committed a sin that renders him liable to bring a sin offering, if he discovers that he did not sin, the offering should be burned, as its legal status is like that of an unfit offering. R' Yehuda says: It should be buried. A sin offering of the bird that comes due to an uncertainty, e.g., in the case of a woman who miscarried and she is uncertain whether it was a fetus, should be burned, as it may not be eaten due to the uncertainty and because the nape of its neck was pinched and it was not slaughtered. R' Yehuda says: One should cast it into the Temple courtyard drain, as the young bird will decompose and be drawn into the stream outside the Temple.
כל הנקברין — לא ישרפו, וכל הנשרפין — לא יקברו. רבי יהודה אומר: אם רצה להחמיר על עצמו לשרוף את הנקברין — רשאי. אמרו לו: אינו מותר לשנות.
The principle is: All items that are buried should not be burned, and all items that are burned should not be buried. R' Yehuda says: If one wished to impose a stringency upon himself by burning items that are to be buried, he is permitted to burn them. The Rabbis said to R' Yehuda: One is not permitted to change the method of destruction, as this could lead to a leniency, since it is permitted to derive benefit from the ashes of items that require burning, whereas it is not permitted to derive benefit from the ashes of items that require burial.
Talmud: Among the items from which benefit is prohibited, the Mishnah states that the hair of a nazirite should be buried. With regard to this halakha, Tavi raised a contradiction before Rav Naḥman: We learned in the Mishnah that the hair of a nazirite should be buried; but one can raise a contradiction from another Mishnah (Orla 3:3): One who weaves one sit, the distance between one’s index and middle fingers, of the wool of a firstborn animal, from which deriving benefit is prohibited in accordance with the halakha of all sacrificial animals, in a garment, the garment should be ignited. Similarly, if one weaves from the hair of a nazirite, or from the hair of a firstborn donkey, in a sack, the sack should be ignited.