Kohanim Not Becoming Tameh

From Halachipedia

What Kind of Tumah

  1. A male kohen cannot come into contact, carry, or be under the same roof with a human corpse.[1]
    1. Even if a kohen is in a separate room, there is still a problem if the corpse may pass through the room the kohen is in.[2]
      1. One can plan to take the corpse out one exit and then only that exit is tamay and the kohen can be by any other exit.[3]
  2. Some allow a kohen to be under the same roof as a non-Jewish corpse, but ideally we try to be strict.[4]
  3. Ashkenazim allow a kohen to come into contact with metal which has come into contact with a corpse.[5]
  4. Sefardim do not allow a kohen to be under the same roof as a goses.[6] Ashkenazim agree that this should be avoided , but strictly it is permitted.[7]
    1. If there is a chance the kohen can save the person, then he should come to help.[8]
  5. In cases of a pressing need, a kohen is allowed to visit someone who is sick in the hospital outside of Israel.[9]
  6. A kohen is permitted to live outside the land of Israel.[10]

Blocking Tumah of Corpse

  1. If there is a corpse in a room the tumah extends from room to room if there is an opening of a Tefach by a Tefach. If there is an opening of a Tefach square and it is completely closed off tumah doesn't extend beyond. However, if it is only partially closed off and the hole is less than a Tefach if the closing is permanent the tumah doesn't extend but if it is temporary it isn't a sufficient blockage and tumah expends.[11]
    1. Something that is susceptible to tumah, mikabel tumah, does not block tumah from spreading.[12]
  2. A closed door is considered a permanent blockage of tumah.[13]
  3. Only items that aren't mekabel tumah and are able to stand on their own are able to block tumah.[14] Anything attached to the ground isn't mekabel tumah for these purposes.[15]
  4. All agree that if something that would usually block tumah is flying through the air, it is unable to block the tumah.[16]

Alerting a Kohen of Tumah

  1. If a kohen is sleeping in a house where there is a corpse you should wake him up to tell him to leave. If he isn't wearing clothing, first tell him to just come out of the house and he'll get dressed, and only then tell him about the corpse.[17]

Minor Kohen

  1. One is forbidden to cause a minor kohen to come into contact with a corpse.[18]
  2. Some permit a minor kohen from coming into contact with the corpse of a relative,[19] but others prohibit it.[20]
  3. A pregnant kohen is allowed to come into contact with a corpse.[21]

Exceptions

  1. A kohen has a mitzvah to become tamay to his relatives.[22]
  2. Some limit coming in contact with the corpse to when you are helping with the burial,[23] but others do not limit the kohen from contact with the corpse of the relative at all.[24]
    1. A kohen must be careful when burying his relative not to come into contact with or under the same roof as other graves.[25] For Ashkenazim this is limited to on the way out of the cemetery, but while a kohen is dealing with the burial of the corpse of a relative, he may come into contact with other corpses.[26]
  3. A kohen who is in contact with a corpse can come into contact with another corpse.[27]

Air Travel

  1. Some prohibit a kohen from flying on a plane with a corpse in the baggage compartment.[28] Other authorities are lenient,[29] especially in extenuating circumstances.[30]
  2. A Kohen need not worry that his flight might fly over cemeteries.[31]


Links

  1. See Kohanim Flying on a Plane

Sources

  1. ↑ Shulchan Aruch Y.D. 369:1
  2. ↑ Shulchan Aruch Y.D. 371:4 based on Mishna Ohalos 7:3. Rashi in Beitzah 38a s.v. deorata says this is a halacha l'Moshe MiSinai. However, in Beitzah 10a s.v. kulam says it is a rabbinic decree and this is how the Shach Y.D. 371:8
  3. ↑ Aruch HaShulchan Y.D. 371:22 quoting from Mishna Ohalos 7:3
  4. ↑ Shulchan Aruch Y.D. 372:2 says it is proper to be strict and the Rama quotes those who are lenient, but says it is appropriate to be strict. Shach Y.D. 372:4 says that even those who are lenient about tumas ohel, prohibit touching or lifting a non-Jewish corpse. Hagos Maymonios Hilchos Avel 3:2 quotes the Yerayim that a kohen does not have to avoid these forms of tumah by a non-Jewish corpse.
  5. ↑ Rama Y.D. 369:1 quoting from the Shut HaRashba 1:476 that there is an argument about this point, but we are customarily lenient
  6. ↑ Shulchan Aruch Y.D. 370:1. Shach Y.D. 370:4 says this is not as serious as an actual corpse, but notes that others disagree
  7. ↑ Rama Y.D. 370:1
  8. ↑ Pischay Teshuva Y.D. 370:1 quotes the Teshuvot Beis Yaakov who is strict, but strongly disagrees
  9. ↑ Rav Moshe Feinstein (Igrot Moshe Y.D. 2:166) says we can follow the majority that any corpse or limbs will be of a non-Jew which strictly speaking are not mitamay b'ohel. However, he notes that you should try and find out if there are any Jewish corpses at the time as that would be a problem. See also Chelkat Yaakov, YD 215.
  10. ↑ The Gemora Shabbat 15a tells us that Shimon ben Shetach decreed that outside the land of Israel has the status of tumas meis. The Shach Y.D. 369:2 and Taz Y.D. 369:4 suggest that this is a stringency that doesn't apply nowadays as the laws of tumah and tahara are not practiced. Rabbi Akiva Eiger (Y.D. 369 :1 s.v. v'chol) explains there is room to be lenient as this tumah is only Rabbinic in nature. Additionally, he suggests (s.v. HaKohen) that kohanim are relying on the minority opinion of the Ravaad that there is no issue for a Kohen to come into contact with a corpse if he is already tamay.
  11. ↑ Shulchan Aruch YD 371:1
  12. ↑ Tosfot Shabbat 27b s.v. v'ain quoting from Mishna Ohalot 8 quoted by the Rambam Hilchot tumat meit 13. There is a discussion with regards to which metal is susceptible to tumah. Rav Moshe Feinstein (Igrot Moshe Y.D. 2:164) says that only the six metals listed in the Torah (Vayikra 32:22) are susceptible to tumah. Tiferet Yisroel Yivakesh Daat 44 says these metals are not specific and anything malleable is included. (This may relate to the argument surrounding Air Travel)
  13. ↑ Rav Hershel Schachter (Shabbat Shiur 77 min 6) explained that a door which has a crack underneath the door tumah can travel from the room to the hallway through tumat ohel since the door isn't always closed. Neeyim Zemirot p. 49 writes that a door can be a stimah olamit but if it is metal there's room to be machmir since it is mekabel tumah. Avnei Nezer OC 293:7 holds that a door is a stimah forever but struggles to prove this. Taharat Hakohanim 371:14 quotes the Avnei Nezer as primary. Taz Y.D. 371:3 suggests that doors cannot block tumah as they are only able to stand because of their metal hinges which are mekabel tumah. However the Shach (Nekudos HaKesef) strongly disagrees as he views the doors and hinges as one unit and therefore, they can block tumah.
  14. ↑ Rama YD 371:1
  15. ↑ Taharat Kohanim 371:19 quoting Kehilat Yakov Taharot 25
  16. ↑ Tosfos Eiruvin 30b s.v. Umar
  17. ↑ Rama YD 372:1. The Shach Y.D. 372:2 says that this is only true by tumas ohel deoritta. Noda BiYehuda (Dagul Mirvavah Y.D. 372 s.v. im kvar) argues that this should not be an issue as once you are under the same roof as the corpse, it is not an issue deoritta to remain there.
  18. ↑ Shulchan Aruch 373:1 based on Yevamot 114a based on Vayikra 21:1. Shach 373:1 discusses if the child reaches the age of chinuch then some say you should stop him from coming into contact with a corpse. Mishna Berura O.C. 343:3 says that the father must stop a child if he has reached the age of Chinuch
  19. ↑ Vayikra 21:2 says that a kohen is generally allowed to come into contact with the corpse of one of the following seven relatives: spouse, mother, father, brother, sister, son, daughter.
  20. ↑ Pitchay Teshuva Y.D. 373:1 explains that a minor is not obligated in aveilut, so perhaps he is not permitted to come into contact with the corpse. On the other hand, perhaps the chinuch is for when he is older, and he will be able to come into contact with the corpse when he is older.
  21. ↑ Magen Avraham O.C. 343:2 says it is permitted because the baby is absorbed within the mother (tahara belua) Mishna Berura O.C. 343:3 and Shach Y.D. 373:1 quote the Rokeach that it is a double doubt, maybe it is a girl and even if it is a boy, it may be a stillborn. Rav Nissan Karalitz (Chut Shani 1 at the end of the sefer 4) says you don't need to find out the gender as Pitchay Teshuva Y.D. 110:35 that if you can only solve one doubt, then there is no obligation to do so.
  22. ↑ Rambam Hilchos Aveilut 2:6
  23. ↑ Rama Y.D. 373:5 says one should be strict about this matter. Accordingly, Shevet HaLevi 9:251 says if it is possible when taking a corpse to Israel, a kohen should fly on a different flight then his deceased relative.
  24. ↑ Shach in Nekudas Hakesef 373:5. Accordingly, Chazon Ovadia, Aveilut, vol. 2, p. 51. allows a kohen can accompany the body of a relative on the plane for burial in Israel.
  25. ↑ Shulchan Aruch Y.D. 373:7 suggests having kohanim buried at the edge of a cemetery.
  26. ↑ Rama Y.D. 373:7. If this was not arranged, and a kohen's relative is being buried among other graves in a way that the kohen will have to become tamay after burying his relative, Rav Moshe Feinstein (Igrot Moshe Y.D. 1:249) allows the kohen to attend the burial.
  27. ↑ Rambam Hilchot Nezeirut 5:17. The Raavad argues that the same is true even if the kohen is still tamay and no longer in contact with a corpse. Therefore, nowadays, when all kohanim are tamay, there is no issue coming in contact with a corpse. Pitchay Teshuva 372:9 says that we don't follow the Raavad. Additionally, he adds that the Raavad may just mean that there is no punishment, but it is still prohibited for a tamay kohen to come in contact with a corpse.
  28. ↑ Igrot Moshe, YD 2:164; Chelkat Yaakov YD 213; Teshuvot V’hanhagot 1:678. See also Teshuvot V’hanhagot 3:347.
  29. ↑ Shema Shlomo, YD 6:18:5. Rav Moshe Feinstein (Igrot Moshe Y.D. 2:164) says that if planes are not made one of the six metals mentioned in the Torah (Vayikra
  30. ↑ Teshuvot V’hanhagot 2:569; She’arim Metzuyanim B’halacha 202:8; V’harim Hacohen 3:63. See also Even Yisrael 9:124.
  31. ↑ Chelkat Yaakov, YD 209–12.
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