Kohanim Not Becoming Tameh: Difference between revisions
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Tumat Kohanim (Hebrew: טומאת כהנים; trans. impurity of priests) refers to the law that a Kohen (Hebrew: כהן; trans. priest) may not become impure by coming in contact with a corpse as the Torah (Hebrew: תורה; trans. Bible) states "לנפש לא יטמא בעמיו" - "A Kohen may not make himself impure by being in contact with a soul".<ref>Vayikra 21:1</ref> | |||
==Relatives== | |||
# A kohen may become impure to seven categories of his relatives that the Torah specifies. These include his | |||
##father, | |||
##mother, | |||
##brother, | |||
##unmarried sister, | |||
##son, | |||
##daughter, and | |||
##wife.<ref>Vayikra 21:2-3, Shulchan Aruch Y.D. 273:3</ref> | |||
# A kohen may only become impure to these relatives before the burial is complete with the closing of the coffin.<ref>Rosh (Hilchot Tumah n. 7) like Rabbi Tarfon, Shulchan Aruch Y.D. 273:6</ref> | |||
# Before and during the burial a kohen may become impure for his relatives, whether his involvement is necessary for the burial or not. Ashkenazim hold that it is proper to be strict to only become impure for the sake and need of the burial or to bring the deceased shrouds and a coffin.<reF>Rosh (Hilchot Tumah n. 7) holds that before the closing of the coffin at the end of the burial the kohen may become tameh whether he is needed or not. Trumat Hadeshen n. 283 notes that this seems to be the opinion of the Rambam Avel 2:8 as well. However, Tosfot Pesachim 9a s.v. bshifchato holds that it is forbidden for a kohen to become tameh unless it is necessary for the burial. See Rabbenu Peretz Pesachim 9a s.v. maaseh who omits this reason of Tosfot. Trumat Hadeshen concludes that it is proper to be strict. This is also the position of the Rama Y.D. 373:5. The Shulchan Aruch Y.D. 373:5 accepts the Rosh.</ref> | |||
==What Kind of Tumah== | ==What Kind of Tumah== | ||
#A male kohen cannot come into contact, carry, or be under the same roof with a human corpse.<ref>Shulchan Aruch Y.D. 369:1</ref> | #A male kohen cannot come into contact, carry, or be under the same roof with a human corpse.<ref>Shulchan Aruch Y.D. 369:1</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. | ##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. deoritta 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> | ||
##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> | ##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> | ||
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#In cases of a pressing need, a kohen is allowed to visit someone who is sick in the hospital outside of Israel.<ref>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.</ref> | #In cases of a pressing need, a kohen is allowed to visit someone who is sick in the hospital outside of Israel.<ref>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.</ref> | ||
#A kohen is permitted to live outside the land of Israel.<ref>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.</ref> | #A kohen is permitted to live outside the land of Israel.<ref>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.</ref> | ||
# A kohen may enter a non-Jew's house.<ref>Mishna Ohalot 18:7 establishes that we're concerned about a corposed buried beneath the floor of a non-Jew's house as long as they have lived there for 40 days or more. This is quoted in Gemara Pesachim 9a and codified by the Rambam Tumat Meyt 11:9. Tosfot Pesachim 9a quotes a Tosefta that it doesn't apply in the diaspora. Erech Lechem YD 372:2 codifies this. Rash Ohalot 18:7 writes that there's no tumah in the non-Jew's houses in the diaspora since anyway there's a tumah in all of diaspora. Mayan Omer 5:23 quotes Rav Ovadia Yosef as holding that the entire halacha of non-Jewish homes being tameh doesn't apply today without any explanation. R' Yehuda Naki in the footnote suggests that since we have flooring and not dirt floors we're not worried about a corpse being buried under the ground. Mayan Omer 6:5:17 cites this from the Drashta Vchakarta v. 5 p. 410 supporting this point. Similarly, Taharat Kohanim pp. 99-100 cites Rav Nissim Karelitz who thought that the entire halacha is about whenever there's a real concern but if there's no concern then it is permitted. Factors to consider are that it is unlikely in places where they have flooring and in some places it is abnormal to bury under a house.</ref> | |||
==Blocking Tumah of Corpse== | ==Blocking Tumah of Corpse== | ||
