(Bamidbar 19:11) "One who touches the dead body of any man shall be unclean for seven days." Scripture hereby teaches about a dead body that it confers tumah by contact. — But even without a verse it follows a fortiori, viz.: If it confers tumah in a tent, how much more so by contact! Why, then, is the verse needed? To include an eight-month birth (who died).
This would include both an eight-month birth and his blood; it is, therefore, written (lit.,) "the soul (i.e., the body) of a man" — to exclude his blood (as conferring tumah). These are the words of R. Yishmael. R. Akiva says: (It is written) "all the soul of a man" — to include his blood. "then he shall be tamei for seven days": Scripture hereby apprises us that a dead body confers tumah for seven days (unlike other instances of contact tumah, which obtain for one day only). (Ibid. 12) "He shall be cleansed with it": Why "with it"? (i.e., "it" seems superfluous). (The thrust of "it" is) with ashes that were processed as prescribed. "on the third day and on the seventh day": Scripture hereby apprises us that one who is tamei by a dead body must be sprinkled on, on the third day and the seventh day.
You say this, but perhaps (the meaning is) that if he is sprinkled on, on the third day, he is clean on the seventh day, and if not, he is not clean on the seventh day. It is, therefore, written "And if he is not cleansed on the third day, he shall not be clean on the seventh day." — But still, perhaps the meaning is: Why is he not clean on the seventh day, because he was not besprinkled on the seventh day, but if he were besprinkled on the third day, then he is clean on the seventh day!
It is, therefore, written (Ibid. 19) "and he shall cleanse him on the seventh day." Scripture repeats it to void it (otherwise). "And if he is not cleansed on the third day, then he shall not be clean on the seventh day": Why is this written? (i.e., it follows from what precedes.) Because it is written (Ibid. 20) "And a man if he become tamei and he has not been sprinkled upon, etc.", does Scripture make him liable to kareth because of the defiling of the sanctuary and its holy things or because he has not been sprinkled upon?
It is, therefore, written "And if he is not cleansed on the third day, then he shall not be clean on the seventh day." His punishment is not being clean, and not kareth. (Ibid. 13) "Everyone who touches a dead body in the soul of a man": As heretofore stated, to exclude an eight-month birth. "that shall die": Scripture hereby apprises us that he does not confer tumah until he dies. From here, you reason to sheretz (a creeping thing), viz.: If the "graver," a dead body, does not confer tumah until the man (actually) dies, then the "lighter," a sheretz, how much more so should it not confer tumah until it (actually) dies!
Or, transpose it, viz.: If sheretz, the "lighter," confers tumah while convulsing, then a man, the "graver" how much more so should he confer tumah even while convulsing (and not actually dead)! It is, therefore, written "Everyone who touches a dead body in the soul of a man that shall die." Why need "that shall die" be written? Why is it written?
To apprise us that he does not confer tumah until he (actually) dies. I have reasoned a fortiori and I have transposed. The transposition has been nullified and the original a fortiori argument remains, viz.: If the "graver," a dead body, does not confer tumah until the man actually dies, then the "lighter," a sheretz, how much more so should it not confer tumah until it (actually) dies! "and he not be cleansed": Rebbi says: and he not be cleansed by blood (i.e., if he has not brought his required offering, and enters the sanctuary, e.g., in the instance of a zav or a leper, who require an offering for their purification).
You say, if he has not been cleansed by blood, but perhaps (the meaning is that) he has not been cleansed by the waters (of the red heifer)! (This is not so, for) "the waters of sprinkling have not been sprinkled upon him" already speaks of the waters. How, then, am I to understand "and he not be cleansed"? (As) he will not be cleansed by blood," to include one lacking atonement, (as in the above instance). "and that soul shall be cut off': Why is this written (here)?
Is it not written below? (viz. Ibid. 20). But because it is written (there) "The sanctuary ("mikdash," [i.e., the Temple]) of the L-rd he has defiled," this tells me only of the mikdash. Whence do I derive (the same for) the mishkan (i.e., the tabernacle of the desert)? From (Ibid. 13) "The tabernacle ("mishkan") of the L-rd he has defiled." "and that soul shall be cut off": And elsewhere (in the same connection [Vayikra 15:31]) "that they not die in their tumah."
Why the difference (in terminology)? To teach that "kareth" and "death" (in this regard) are one and the same. "tamei shall he be": to include other varieties of tumah (e.g., sheretz and zav). These are the words of R. Yoshiyah. R. Yonathan says: It (the verse) is not needed (for this teaching.)
It is already written (Vayikra, Ibid.) "And you shall separate the children of Israel from their tumah, that they not die in their tumah by making tamei My mishkan which is in their midst." Tumah through a dead body was in the category (of all the varieties of tumah), and Scripture isolated it (here for special mention), and made it liable to death and to the bringing of an offering (for unwitting transgression), to teach about the other varieties of tumah (in this connection) that they are liable to death and to the bringing of an offering.
How, then, am I to understand "tamei shall he be"? Because it is written "for the waters of sprinkling have not been sprinkled upon him," I might think (that the intent is) if they had not been sprinkled upon him at all. Whence do I derive the same for (an instance where) he sprinkled (on the third day), but did not repeat (on the seventh day)? From "tamei shall he be."
Whence do I derive the same for (an instance where) he sprinkled and he repeated, but he did not immerse? From "His tumah is upon him." Whence do I derive the same for (an instance where) he sprinkled and he immersed, but did not wait for "his sun to set"? From "His tumah is yet upon him."