190
edits
Kohanim Not Becoming Tameh: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
No edit summary |
||
| (2 intermediate revisions by the same user not shown) | |||
| Line 4: | Line 4: | ||
##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.<ref>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</ref> | ##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.<ref>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</ref> | ||
###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.<ref>Aruch HaShulchan Y.D. 371:22 quoting from Mishna Ohalos 7:3</ref> | ###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.<ref>Aruch HaShulchan Y.D. 371:22 quoting from Mishna Ohalos 7:3</ref> | ||
#Some allow a kohen to be under the same roof as a non-Jewish corpse, but ideally we try to be strict.<ref>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. </ref> | ##A kohen may not come into contact with the amputated limb of a person [including even if it was amputated from his own body].<ref>Pitchei Teshuvah Y.D. 369:2 quoting from Noda Beyehuda Tinyana Y.D. 209</ref> | ||
# | #Some allow a kohen to be under the same roof as a non-Jewish corpse, but ideally we try to be strict.<ref>Rambam Hilchot Avel 3:3 rules a gentile does not give off Tumat Ohel, and hence it is permitted to step on the grave of non-Jew. However, Tosfot Bava Metzia 114 rules that gentiles give off tumat Ohel. See Birkeiy Yosef 372; Aruch Hashulchan 372:5. 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. </ref> | ||
#Some allow a kohen to come into contact with metal which has come into contact with a corpse.<ref>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. Tosfot (Nazir 54b s.v. ta shema) quotes two opinions on this matter. </ref> Others are strict.<ref>Shach Y.D. 369:3</ref> | |||
#Sefardim do not allow a kohen to be under the same roof as a ''goses.''<ref>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</ref> Ashkenazim agree that this should be avoided , but strictly it is permitted.<ref>Rama Y.D. 370:1</ref> | #Sefardim do not allow a kohen to be under the same roof as a ''goses.''<ref>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</ref> Ashkenazim agree that this should be avoided , but strictly it is permitted.<ref>Rama Y.D. 370:1</ref> | ||
##If there is a chance the kohen can save the person, then he should come to help.<ref>Pischay Teshuva Y.D. 370:1 quotes the Teshuvot Beis Yaakov who is strict, but strongly disagrees</ref> | ##If there is a chance the kohen can save the person, then he should come to help.<ref>Pischay Teshuva Y.D. 370:1 quotes the Teshuvot Beis Yaakov who is strict, but strongly disagrees</ref> | ||
| Line 35: | Line 36: | ||
#A kohen has a mitzvah to become tamay to his relatives.<ref>Rambam Hilchos Aveilut 2:6</ref> | #A kohen has a mitzvah to become tamay to his relatives.<ref>Rambam Hilchos Aveilut 2:6</ref> | ||
#Some limit coming in contact with the corpse to when you are helping with the burial,<ref>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.</ref> but others do not limit the kohen from contact with the corpse of the relative at all.<ref>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. </ref> | ##For non-relatives, a kohen may stand outside the funeral home if the body is found inside.<ref>Rama 371:5</ref> The kohen may join the procession staying four [[Amot|''amot'']] away and avoiding being under the same roof as the corpse.<ref>Shulchan Aruch Y.D. 371:5</ref> | ||
##The kohen can only become tamay for the sake of his relative until the burial is completed.<ref>Shulchan Aruch Y.D. 373:6</ref> | |||
##If the deceased relative is not whole<ref>Nitei Gavriel 130:29 quotes some who consider an internal organ as an incomplete body and others who say it is still considered complete. Shut Maharam Shick Y.D. 359, Igrot Moshe Y.D. 251, and Tzitz Eliezer 9:48 are lenient as an internal limb missing doesn't effect the appearance of the relative. Chazon Ish Y,D, 210, Shevet HaLevi 3:161 and 6:244, and Mishna Halachot 3:191 are strict</ref> (i.e. missing a limb) some prohibit the kohen from becoming tamay,<ref>Shulchan Aruch Y.D. 373:9</ref> others limit this to a body part that went missing after death.<ref>Yeish Omrim in Shulchan Aruch Y.D. 373:9. Shach Y.D. 373:14 says that if it happens at the time of death, it would be prohibited for the kohen to become tamay to this relative. | |||
Nitei Gavriel 130:28:44 says when necessary can rely on this lenient opinion. </ref> | |||
#Some limit coming in contact with the corpse to when you are helping with the burial,<ref>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.</ref> but others do not limit the kohen from contact with the corpse of the relative at all.<ref>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. Nitei Gavriel 130:24 allows the kohen to be in the same room as the corpse of a relative during the eulogies. </ref> | |||
##A kohen must be careful when burying his relative not to come into contact with or under the same roof as other graves.<ref>Shulchan Aruch Y.D. 373:7 suggests having kohanim buried at the edge of a cemetery. </ref> 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.<ref>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. </ref> | ##A kohen must be careful when burying his relative not to come into contact with or under the same roof as other graves.<ref>Shulchan Aruch Y.D. 373:7 suggests having kohanim buried at the edge of a cemetery. </ref> 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.<ref>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. </ref> | ||
#A kohen who is in contact with a corpse can come into contact with another corpse (''mosif tumah al tumato'').<ref>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. Rav Moshe Feinstein (Igrot Moshe Y.D. 3:155) says that nobody has the ability anymore to say we can follow the opinion of the Raavad. 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. Rav Schachter (Ikvay Hatzon Siman 35:3) says the Raavad only means that one can continue to come into contact with a corpse that day as there is no delay in the purification process</ref> | #A kohen who is in contact with a corpse can come into contact with another corpse (''mosif tumah al tumato'').<ref>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. Rav Moshe Feinstein (Igrot Moshe Y.D. 3:155) says that nobody has the ability anymore to say we can follow the opinion of the Raavad. 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. Rav Schachter (Ikvay Hatzon Siman 35:3) says the Raavad only means that one can continue to come into contact with a corpse that day as there is no delay in the purification process</ref> | ||
| Line 51: | Line 57: | ||
#A kohen is not allowed to attend medical school.<ref>Rav Moshe Feinstein (Igrot Moshe Y.D. 3:155) says that in medical school you are faced with being in the same room and often forced to touch a cadaver which is a problem for kohanim. He rejects the idea that kohanim nowadays are tamay, so there is no issue to continue to come into contact with a corpse. Additionally, a life threatening situation requires one to help in anyway that he can, but does not require him to go and learn medicine, so that he can help in the future. Plus, there are many other doctors and there is no need for the kohen to become a doctor. | #A kohen is not allowed to attend medical school.<ref>Rav Moshe Feinstein (Igrot Moshe Y.D. 3:155) says that in medical school you are faced with being in the same room and often forced to touch a cadaver which is a problem for kohanim. He rejects the idea that kohanim nowadays are tamay, so there is no issue to continue to come into contact with a corpse. Additionally, a life threatening situation requires one to help in anyway that he can, but does not require him to go and learn medicine, so that he can help in the future. Plus, there are many other doctors and there is no need for the kohen to become a doctor. | ||
Rav Schachter (Ikvay Hatzon 35:10 and Peninay HaRav 256) quotes those that suggest a kohen can go to medical school using the following idea. A kohen can hold onto a metal object that came into contact with a corpse, and while still holding onto this object, he can touch a corpse.</ref> | Rav Schachter (Ikvay Hatzon 35:10 and Peninay HaRav 256) quotes those that suggest a kohen can go to medical school using the following idea. A kohen can hold onto a metal object that came into contact with a corpse, and while still holding onto this object, he can touch a corpse. He suggests that this would be permitted as it is mosif tumah al tumato. Rav Schachter rejects this as the issue is not becoming tamay, but coming close to a corpse. The reason a kohen can touch the metal is that it is not coming close to a corpse, so of course it doesn't allow him to touch a corpse. </ref> | ||
==Links== | ==Links== | ||
#See [https://www.halachipedia.com/index.php?title=Kohanim_Flying_on_a_Plane#Kohanim:_Air_Travel Kohanim Flying on a Plane] | #See [https://www.halachipedia.com/index.php?title=Kohanim_Flying_on_a_Plane#Kohanim:_Air_Travel Kohanim Flying on a Plane] | ||
#See [https://shulchanaruchharav.com/halacha/chapter-9-kohen-attending-a-funeral-or-burial/#_ftn27 article by Rabbi Yaakov Goldstein] | |||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Ritual Practices]] | [[Category:Ritual Practices]] | ||
