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Avel - Chapter 3

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Avel - Chapter 3

1With the exception of the six relatives mentioned in the Torah and his wife, whenever a priest becomes impure because of contact with a corpse,1 if there are witnesses and a warning is administered, he is punished by lashes,2 as Leviticus 21:1 states: “No one shall contract ritual impurity for the sake of a deceased person among his people.”אכָּל כֹּהֵן שֶׁנִּטְּמָּא לַמֵּת, חוּץ מִשִּׁשָּׁה מֵתִים הַמְּפֹרָשִׁים בַּתּוֹרָה אוֹ אִשְׁתּוֹ, בְּעֵדִים וְהַתְרָאָה - הֲרֵי זֶה לוֹקֶה, שֶׁנֶּאֱמַר "לְנֶפֶשׁ לֹא יִטַּמָּא בְּעַמָּיו" (ויקרא כא, א).
This applies whether one touches the corpse, stands over it, or carries it.3 And it applies to a corpse and to all other forms of ritual impurity stemming from a corpse,4 as implied by “No one shall contract ritual impurity for the sake of a deceased person among his people.”5וְאֶחָד הַנּוֹגֵעַ בְּמֵת אוֹ הַמַּאֲהִיל אוֹ הַנּוֹשֵׂא, וְאֶחָד הַמֵּת אוֹ שְׁאָר הַטֻּמְאוֹת הַפּוֹרְשׁוֹת מִן הַמֵּת, שֶׁנֶּאֱמַר "לְנֶפֶשׁ לֹא יִטַּמָּא".
In Hilchot Tumat Meit,6 we already described all the factors associated with a corpse that convey ritual impurity according to Scriptural Law and according to Rabbinic Law.וּכְבָר פֵּרַשְׁנוּ בְּהִלְכוֹת טֻמְאַת מֵת כָּל הַדְּבָרִים הַמְּטַמְּאִין מִן הַמֵּת, מִן הַתּוֹרָה אוֹ מִדִּבְרֵיהֶם.
2Similarly, a priest receives lashes if he touches a grave.7 He may, however, touch clothes that touched a corpse, even though by doing so, he contracts ritual impurity that continues for seven days.8בוְכֵן אִם נָגַע הַכֹּהֵן בְּקֶבֶר, לוֹקֶה. אֲבָל נוֹגֵעַ הוּא בִּבְגָדִים שֶׁנָּגְעוּ בְּמֵת, אַף עַל פִּי שֶׁמִתְטַּמֵּא בָּהֶן טֻמְאַת שִׁבְעָה.
3Similarly, if a priest enters a covered structure into which ritual impurity enters,9 he is lashed. This applies even though the source of impurity itself is in another building.גוְכֵן אִם נִכְנַס לְאֹהֶל טָמֵא, שֶׁנִּכְנְסָה לוֹ הַטֻּמְאָה - לוֹקֶה, אַף עַל פִּי שֶׁעַצְמָהּ שֶׁל טֻמְאָה בְּבַיִת אַחֵר.
We have already explained10 all the types of “tents”11 into which ritual impurity can enter and depart, the laws involving foliage and projections,12 the entities which bring ritual impurity and those which interpose between ritual impurity, which involve Scriptural Law and which involve Rabbinic Law. All of this is discussed in Hilchot Tumat Meit. וּכְבָר בֵּאַרְנוּ כָּל הָאֹהָלִים שֶׁתִּכָּנֵס לָהֶם הַטֻּמְאָה אוֹ שֶׁתֵּצֵא מֵהֶם, וְדִין הַסְּכָכוֹת וְהַפְּרָעוֹת, וְכָל הַדְּבָרִים הַמְּבִיאִין אֶת הַטֻּמְאָה, וְהַחוֹצְצִין בִּפְנֵי הַטֻּמְאָה, וְאֵי זֶה מֵהֶן דִּין תּוֹרָה וְאֵי זֶה מֵהֶן מִדִּבְרֵיהֶן - הַכֹּל בְּהִלְכוֹת טֻמְאַת מֵת.
There we explained13 that non-Jews do not convey ritual impurity through overhangs.14 Therefore their graves are pure and a priest may enter their cemetery and walk on their graves. He is forbidden only to touch impurity15 or carry it, as we explained there.וְשָׁם בֵּאַרְנוּ שֶׁאֵין הַעוֹבְדֵי כּוֹכָבִים מְטַמְּאִין בָּאֹהֶל, וּלְפִיכָךְ קִבְרוֹתֵיהֶן טְהוֹרִים, וּמֻתָּר לְכוֹהֵן לְהִכָּנֵס לְשָׁם וְלִדְרֹךְ עַל קִבְרוֹתֵיהֶן; וְאֵינוֹ אָסוּר אֶלָא שֶׁיִּגַּע בַּטֻּמְאָה אוֹ יִשָּׂאֶנָּה, כְּמוֹ שֶׁבֵּאַרְנוּ שָׁם.
4The following laws apply when a priest enters a building where a corpse is located or a cemetery inadvertently and he is given a warning after he discovers the fact. If he jumps and leaves, he is not liable. If, however, he remains there for the time it takes to prostrate oneself which we explained with regard to impurity in the Temple,16 he is lashed.דכֹּהֵן שֶׁנִּכְנַס לְאֹהֶל הַמֵּת אוֹ לְבֵית הַקְּבָרוֹת בִּשְׁגָגָה, וְאַחַר שֶׁיָּדַע הִתְרוּ בּוֹ: אִם קָפַץ וְיָצָא, פָּטוּר; וְאִם יָשַׁב שָׁם כְּדֵי הִשְׁתַּחֲוָיָה כְּמוֹ שֶׁבֵּאַרְנוּ בְּעִנְיַן טֻמְאַת מִקְדָּשׁ, הֲרֵי זֶה לוֹקֶה.
The following rule applies if he entered and departed, entered and departed. If he was given a warning for each time, he is given lashes for every entrance.17נִכְנַס וְיָצָא, וְחָזַר וְנִכְנַס וְיָצָא - אִם הִתְרוּ בּוֹ עַל כָּל פַּעַם וּפַעַם, לוֹקֶה עַל כָּל כְּנִיסָה וּכְנִיסָה.
Similarly, if he touches a corpse, is giving a warning, and then disengages himself, and afterwards, touches it and is given a warning - even if this sequence is repeated one hundred times, he is given lashes for each touch.וְכֵן אִם נָגַע בַּמֵּת וְהִתְרוּ בּוֹ וּפָרַשׁ, וְחָזַר וְנָגַע וְהִתְרוּ בּוֹ, אַפִלּוּ מֵאָה פְּעָמִים - לוֹקֶה עַל כָּל אַחַת וְאַחַת.
If he was touching a corpse and did not disengage himself or was standing in the cemetery and touched other corpses, although he is given a warning several times, he receives lashes only once. For as long as he does not cease, he is continuing to desecrate his priestly state.18הָיָה נוֹגֵעַ וְלֹא פָּרַשׁ, אוֹ שֶׁהָיָה עוֹמֵד בְּבֵית הַקְּבָרוֹת וְנָגַע בְּמֵתִים אֲחֵרִים, אַף עַל פִּי שֶׁהִתְרוּ בּוֹ כַּמָּה פְּעָמִים - אֵינוֹ לוֹקֶה אֶלָא אַחַת; שֶׁהֲרֵי הוּא מְחֻלָּל וְעוֹמֵד, כָּל זְמַן שֶׁלֹּא פֵּרַשׁ.
5The following rules apply when one causes a priest to contract ritual impurity. If they both acted intentionally, the priest receives lashes and the person who caused him to contract impurity violates the prohibition against placing a stumbling block in front of the blind.19 If the priest was not aware of the transgression and the person who caused him to contract impurity acted intentionally, that person20 receives lashes.ההַמְּטַמֵּא אֶת הַכֹּהֵן: אִם הָיוּ שְׁנֵיהֶם מְזִידִין - לוֹקֶה הַכֹּהֵן, וְזֶה שֶׁטִּמְּאוֹ עוֹבֵר עַל "וְלִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשֹׁל" (ויקרא יט, יד). הָיָה הַכֹּהֵן שׁוֹגֵג וְזֶה שֶׁטִּמְּאוֹ מֵזִיד - הֲרֵי זֶה שֶׁטִּמְּאוֹ לוֹקֶה.
6A High Priest may not become impure for the sake of his relatives,21 as Leviticus 21:11 states: “He shall not become impure for his father’s or mother’s sake.”22 Similarly, he does not enter a shelter where there is a corpse, even the corpse of one of his relatives, as ibid.:30 states: “He shall not enter a place where there is any corpse.”23 Thus we learn that he is liable both for not entering and for not becoming impure.וכֹּהֵן גָּדוֹל אֵינוֹ מִתְטַּמֵּא לַקְּרוֹבִים, שֶׁנֶּאֱמַר "לְאָבִיו וּלְאִמּוֹ לֹא יִטַּמָּא" (ויקרא כא, יא). וְכֵן אֵינוֹ נִכְנָס עִם הַמֵּת בָּאֹהֶל, אַפִלּוּ קְרוֹבָיו, שֶׁנֶּאֱמַר "וְעַל כָּל נַפְשֹׁת מֵת לֹא יָבֹא" (שם). הָא לָמַדְתָּ שֶׁהוּא חַיָּב בְּ"לֹא יָבֹא", וְחַיָּב בְּ"לֹא יִטַּמָּא”.
What is implied? If the High Priest touches or carries a corpse, he receives lashes for one transgression.כֵּיצַד? נָגַע אוֹ נָשָׂא, לוֹקֶה אַחַת.
If he24 enters a shelter and remains there until a person dies or he enters a chest, bureau, or drawer, and a colleague comes and opens the top of this container and thus his contact with impurity and his entrance into the shelter come at the same time,25 he receives two sets of lashes, for the prohibition against entering and for the prohibition against becoming impure.נִכְנַס לָאֹהֶל וְיָשַׁב שָׁם עַד שֶׁמֵּת עָלָיו הַמֵּת אוֹ שֶׁנִּכְנַס בְּשִׁדָּה תֵּבָה וּמִגְדָּל וּבָא חֲבֵרוֹ וּפָרַע עָלָיו גַּג הַשִׁדָּה שֶׁהֲרֵי טֻמְאָה וּבִיאָה בָּאִין כְּאֶחָד - לוֹקֶה שְׁתַּיִם: מִשּׁוּם "לֹא יָבֹא" (ויקרא כא, יא), וּמִשּׁוּם "לֹא יִטַּמָּא" (שם).
7When the High Priest26 became impure beforehand, and then entered a shelter where a corpse was located, if he is warned, he should receive lashes even for this entry.27זנִטְמָא מִקֹּדֶם וְאַחַר כָּךְ נִכְנַס לָאֹהֶל - אִם הִתְרוּ בּוֹ, לוֹקֶה אַף עַל הַבִּיאָה.
8When a priest - even a High Priest - encounters an unattended corpse28 on the road, he is obligated to become impure for its sake and bury it. חכֹּהֵן שֶׁפָּגַע בְּמֵת מִצְוָה בַּדֶּרֶךְ, הֲרֵי זֶה מִתְטַּמֵּא לוֹ, אַפִלּוּ כֹּהֵן גָּדוֹל חַיָּב לְהִתְטַּמֵּא לוֹ וּלְקָבְרוֹ.
What is meant by an unattended corpse? A Jewish corpse cast away on the road without anyone29 to bury it. This is a halachah conveyed by the received tradition.וְאֵיזֶה הוּא מֵת מִצְוָה? זֶה אֶחָד מִיִּשְׂרָאֵל שֶׁהָיָה מֻשְׁלָךְ בַּדֶּרֶךְ, וְאֵין לוֹ קוֹבְרִים. וְדָבָר זֶה, הֲלָכָה מִפִּי הַקַּבָּלָה.
When does the above apply? When the priest is alone and there is no one else with him; even when he calls out on the road, no one answers him.בַּמֶּה דְּבָרִים אֲמוּרִים? כְּשֶׁהָיָה הַכֹּהֵן לְבַדּוֹ וְאֵין עִמּוֹ אַחֵר, וְאַפִלּוּ קָרָא שָׁם בַּדֶּרֶךְ וְאֵין לוֹ עוֹנֶה.
If, however, when he calls others answer, this is not considered an unattended corpse. Instead, he should call to the others and they should come and tend to the corpse.30אֲבָל אִם כְּשֶׁיִּקְרָא אֲחֵרִים עוֹנִין אוֹתוֹ, אֵין זֶה מֵת מִצְוָה, אֶלָא קוֹרֵא לַאֲחֵרִים וְיָבוֹאוּ וְיִתְעַסְּקוּ בּוֹ.
9If a priest and a nazirite are proceeding on a road and they encounter an unattended corpse, the nazirite should tend to it. The rationale is that his holiness is not of an eternal nature.31 The priest - even an ordinary priest - should not become impure.טהָיָה כֹּהֵן וְנָזִיר מְהַלְּכִין בַּדֶּרֶךְ וּפָגְעוּ בְּמֵת מִצְוָה - יִתְעַסֵּק בּוֹ הַנָּזִיר, שֶׁהֲרֵי אֵין קְדֻשָּׁתוֹ קְדֻשָּׁת עוֹלָם, וְאַל יִטַּמֵּא בּוֹ הַכֹּהֵן, אַף עַל פִּי שֶׁהוּא כֹּהֵן הֶדְיוֹט.
If a High Priest was going together with an ordinary priest, the ordinary priest should become impure. הָיָה כֹּהֵן גָּדוֹל וְכוֹהֵן הֶדְיוֹט, יִטַּמֵּא כֹּהֵן הֶדְיוֹט.
The general principle is: Whoever is on a higher level of holiness32 should become impure last.וְכָל הַקּוֹדֵם אֶת חֲבֵרוֹ בְּמַעֲלָה, מִתְאַחֵר בַּטֻּמְאָה.
When a s’gan33 and the priest anointed to lead the army at war34 encounter an unattended corpse, the priest anointed to lead the army at war should become impure, not the s’gan.35וּסְגָן עִם מָשׁוּחַ מִלְחָמָה שֶׁפָּגְעוּ בְּמֵת מִצְוָה - יִתְטַּמֵּא מָשׁוּחַ מִלְחָמָה, וְאַל יִתְטַּמֵּא הַסְּגָן.
10When a nasi36 dies, everyone - even priests - should become impure for his sake.37 Our Sages had him considered as an unattended corpse, because everyone is obligated in his honor.38 Similarly, all must observe the rites of aninut39 for his sake.ינָשִׂיא שֶׁמֵּת - הַכֹּל מִתְטַּמְּאִין לוֹ, אַפִלּוּ כּוֹהֲנִים; עָשָׂאוּהוּ כְּמֵת מִצְוָה לַכֹּל, מִפְּנֵי שֶׁהַכֹּל חַיָּבִין בִּכְבוֹדוֹ. וְכֵן הַכֹּל אוֹנְנִין עָלָיו.
11The daughters of Aaron40 were not warned to avoid the ritual impurity imparted by a corpse. This derived from Leviticus 21:1: “Say to the priests, the sons of Aaron....” Implied is “the sons of Aaron,” and not “the daughters of Aaron.” יאבְּנוֹת אַהֲרֹן לֹא הֻזְהֲרוּ עַל טֻמְאַת מֵת, שֶׁנֶּאֱמַר "אֱמֹר אֶל הַכֹּהֲנִים בְּנֵי אַהֲרֹן" (ויקרא כא, א) - "בְּנֵי אַהֲרֹן" וְלֹא בְּנוֹת אַהֲרֹן.
Similarly, challalim41 are permitted to become impure. This is also derived from the words, “the priests, the sons of Aaron,” i.e., to be included in the prohibition, their priesthood must be intact.42וְכֵן הַחֲלָלִים מֻתָּרִין לְהִתְטַּמֵּא, שֶׁנֶּאֱמַר "אֱמֹר אֶל הַכֹּהֲנִים בְּנֵי אַהֲרֹן" - עַד שֶׁיִּהְיוּ בְּכִהוּנָם.
12When a priest is a minor, the adults are warned that they should not have him contact ritual impurity.43יבכֹּהֵן קָטָן, הֲרֵי הַגְּדוֹלִים מֻזְהָרִים שֶׁלֹּא יְטַמְּאוּהוּ.
If he comes to contract impurity on his own initiative, the court is not obligated to separate him from the source of impurity.44 His father, however, must educate him in the holiness of the priesthood.וְאִם בָּא לְהִתְטַּמֵּא מֵעַצְמוֹ - אֵין בֵּית דִּין מְצֻוִּין עָלָיו לְהַפְרִישׁוֹ, אֲבָל אָבִיו צָרִיךְ לְחַנְּכוֹ בִּקְדֻשָּׁה.
13The four cubits circumscribed around a corpse are deemed impure.45יגמֵת תּוֹפֵס אַרְבַּע אַמּוֹת שֶׁלּוֹ לַטֻּמְאָה.
Any priest that enters into these four cubits is given stripes for rebellious conduct.46וְכָל כֹּהֵן שֶׁנִּכְנַס לְתוֹךְ אַרְבַּע אַמּוֹת, מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת.
Similarly, if priests enter a beit hapras,47 go to the diaspora,48 become impure through contact with a mixture of blood,49 a gravestone, or the stones which support the gravestone, and the like, they are given stripes for rebellious conduct, because these entities are sources for ritual impurity by Rabbinic decree, as we explained in Hilchot Tumat Meit.50וְכֵן אִם נִכְנַס לְבֵית הַפְּרָס, אוֹ יָצָא לְחוּצָה לָאָרֶץ, אוֹ שֶׁנִּטְמָא בְּדַם תְּבוּסָה, אוֹ בְּגוֹלֵל וּבְדֹפֵק וְכַיּוֹצֵא בָּהֶן - מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת, מִפְּנֵי שֶׁהֵן אָבוֹת שֶׁל דִבְרֵיהֶם, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת טֻמְאַת מֵת.
If, however, a priest enters a cemetery, he receives lashes according to Scriptural Law.51אֲבָל אִם נִכְנַס לְבֵית הַקְּבָרוֹת, לוֹקֶה מִן הַתּוֹרָה.
14It is permissible for a priest to become impure through walking through a beit hapras or the diaspora for the sake of a mitzvah, when there is no way other than that, e.g., he went to marry or to study Torah. Even though there is someone who could teach him in Eretz Yisrael, he is permitted to leave, because a person does not merit to learn from every colleague.ידמֻתָּר לַכֹּהֵן לְהִתְטַּמֵּא בְּבֵית הַפְּרָס אוֹ בְּחוּצָה לָאָרֶץ לִדְבַר מִצְוָה, בִּזְמַן שֶׁאֵין שָׁם דֶּרֶךְ אֶלָא הִיא - כְּגוֹן שֶׁהָלַךְ לִשָּׂא אִשָּׁה אוֹ לִלְמֹד תּוֹרָה. אַף עַל פִּי שֶׁיֵּשׁ שָׁם מִי שֶׁיְּלַמְּדוֹ בְּאֶרֶץ יִשְׂרָאֵל, לֹא מִן הַכֹּל אָדָם זוֹכֶה לִלְמֹד.
Similarly, a person may incur ritual impurity that is Rabbinic in origin to show respect to other people. וְכֵן מִתְטַּמֵּא בְּטֻמְאָה שֶׁל דִבְרֵיהֶם לִכְבוֹד הַבְּרִיּוֹת.
What is implied? If a mourner walked through a beit hapras, everyone52 follows after him to comfort him. כֵּיצַד? אָבֵל שֶׁהָלַךְ לְבֵית הַפְּרָס, הַכֹּל הוֹלְכִין אַחֲרָיו לְנַחֲמוֹ שָׁם.
Similarly, we may walk over the coffins of the dead53 to greet Jewish kings. This is allowed even to greet gentile kings, so that a distinction will be able to be made between them and Jewish kings when their glory will return to its place.54וְכֵן מְדַלְּגִין עַל גַּבֵּי אֲרוֹנוֹת שֶׁל מֵתִים לִקְרַאת מְלָכִים, וְאַפִלּוּ מַלְכֵי עוֹבְדֵי כּוֹכָבִים - כְּדֵי לְהַבְחִין בֵּינָם לְבֵין מַלְכֵי יִשְׂרָאֵל כְּשֶׁיַחֲזֹר כְּבוֹדָן לִמְקוֹמָן. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.
Similarly, leniency is granted in all analogous situations. Also, a priest may incur ritual impurity of Rabbinic origin to enter in judgment and disputation with gentiles concerning property, for he is saving it from their hands. Similar laws apply in all analogous situations.וְכֵן מִתְטַּמֵּא בְּטֻמְאָה שֶׁל דִבְרֵיהֶם לָדוּן עִם הַעוֹבְדֵי כּוֹכָבִים וּלְעַרְעֵר עִמָּהֶן, מִפְּנֵי שֶׁהוּא מַצִּיל מִיָּדָם. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.

Quiz Yourself on Avel - Chapter 3

Footnotes
1.

A priest is, however, allowed to become impure from other sources (Hilchot Tumat Ochalin 16:9).

2.

As is appropriate for the violation of a negative commandment. Sefer HaMitzvot (negative commandment 166) and Sefer HaChinuch (mitzvah 263) count this as one of the 613 mitzvot of the Torah.

3.

Covering a corpse with a portion of one’s body creates a “tent,” as it were, and this conveys ritual impurity (Hilchot Tumat Meit 1:10). Similarly, carrying a corpse, even if one does not touch it, coveys ritual impurity (ibid.:6).

4.

E.g., blood that flowed from a corpse, bones from a corpse, a corpse that has decomposed or the like.

5.

See the exegesis of this verse in the Sifri.

6.

See Chapter 2 of those halachot.

7.

See Hilchot Tumat Meit 2:15, based on Numbers 19:16, 18.

8.

The clothes become an av tumah, a source for ritual impurity. Nevertheless, they are not considered as equivalent to the corpse itself. See Hilchot Tumat Meit 5:3, 13; Hilchot Nazirut 7:8.

9.

This refers to a building next to the building where a corpse is located. There is a window or roof connecting the two through which the ritual impurity enters the structure. The Siftei Cohen 372:2 argues with the Rambam’s ruling, maintaining that such ritual impurity is merely Rabbinic in origin. Hence lashes are not given. The Magen Avraham 343:2 justifies the Rambam’s ruling.

10.

Hilchot Tumat Meit, chs. 14-19.

11.

As explained in those chapters, the term ohel, “tent,” is used to describe any roof, shelter, overhang, or any substance that covers both a person and a corpse or portion of a corpse.

12.

See Hilchot Tumat Meit 13:2.

13.

Hilchot Tumat Meit 1:12.

14.

One does, however, become impure through touching or carrying a non-Jewish corpse.

15.

I.e., a corpse.

16.

See Hilchot Bi’at HaMikdash 3:23 which speaks of the prohibition against remaining within the Temple courtyard while impure. There it states that if a person waits in the courtyard for the period which it takes “to kneel, to prostrate oneself face down on the ground and to give thanks to God who is good, whose kindness is everlasting,” he is liable.
The commentaries question: Why should he be lashed? One is not liable for lashes unless one commits a deed in violation of a transgression (Hilchot Sanhedrin 18:2). Here, seemingly, one’s violation is passive.
Among the explanations offered to resolve this difficulty is that since he had the potential to remove himself from ritual impurity and did not do so, he is considered as if he performed a deed to contract ritual impurity (Ritbah, gloss to Makkot 21 a). Others cite the gloss of the Maggid Mishneh to Hilchot Sechirut 13:2 which explains that whenever a transgression usually involves a deed - as a priest usually performs a deed to contract ritual impurity - one is liable for lashes even when one violates the transgression without performing a deed.

17.

For each involves a separate transgression.

18.

I.e., his actions are considered as a single, extended transgression. The Radbaz refers to the difference of opinion mentioned in the notes to Chapter 2, Halachah 15, stating that according to the Rambam, it would appear that although the priest does not receive lashes, he is considered to be violating a prohibition. According to the other view mentioned there, there is no prohibition at all to come into contact with other corpses.

19.

See Hilchot Rotzeach 12:14 which interprets this as a general prohibition, warning a person against. causing a colleague to transgress.

20.

Although he is not himself a priest.

21.

Because of the greater sanctity associated with his position, he is given greater restrictions. He is, however, obligated to observe all the mourning rites for his relatives (Chapter 7, Halachah 6).

22.

Sefer HaMitzvot (negative commandment 167) and Sefer HaChinuch (mitzvah 271) count this as one of the 613 mitzvot of the Torah.

23.

Sefer HaMitzvot (negative commandment 168) and Sefer HaChinuch (mitzvah 270) count this as one of the 613 mitzvot of the Torah.

24.

A High Priest; an ordinary priest, however, would be liable for only one transgression (Radbaz).

25.

As long as the High Priest is in this container, he is not liable, because the container separates him from the corpse and it is as if he is not in the same place. When, however, the top of the container is removed, he is considered to have entered the place where the corpse is located and he becomes impure.
There are some who cite Nazir 43a which states that this is speaking about a situation where the High Priest helped the other person remove the top. Otherwise, the High Priest will not have committed a deed in his violation of these prohibitions. According to the explanations offered in note 16, however, that explanation is not necessary.
See also Hilchot Nazirut 5:18 which cites a similar law applying to a Nazirite and states that he must open the top “with [the Nazirite’s] consent.” For otherwise, the Nazirite - and the High Priest - will become impure because of factors beyond their control.

26.

The Radbaz asks why the Rambam speaks about a High Priest; the same laws would also apply with regard to an ordinary priest. He explains that the Rambam is speaking about the prohibition against entering a place of impurity and that applies only with regard to a High Priest. If he would have spoke about the prohibition against incurring ritual impurity, then this ruling would also be applied to an ordinary priest.

27.

As explained in the notes to Halachah 4, as long as he has ceased contact with a corpse - even though he is still ritually impure - he is liable for entering a shelter where a corpse is located (Radbaz).

28.

We have translated the term according to its practical meaning. Literally, the terms the Rambam uses mean: “A corpse which it is a mitzvah [to bury].” For every Jewish corpse should be buried as soon as possible. Thus if there are no others to tend to it, even a priest or a Nazirite who would ordinarily be forbidden to touch the corpse are under obligation to bury it. Torat Kohanim derives the obligation for a priest to become impure for the sake of such a corpse from the exegesis of Scriptural phrases.

29.

The Turei Zahav 374:1 emphasizes that there must be enough people besides the priest to give the person a proper burial.

30.

Today with the proliferation of cell phones and satellite phones, this halachah is becoming less relevant. For in most instances, it is possible to call to others to tend to the corpse. Also, there are legal restrictions in most countries against burying a corpse oneself and a person is not obligated to place himself in danger by burying an unattended corpse. Needless to say, however, if a priest is not certain that a person is dead, he should approach him and try to offer first aid.

31.

I.e., it continues only for the extent of his vow. Moreover, even if the nazirite took a vow to continue this practice indefinitely, his obligation to avoid a corpse is not an inherent dimension of his being, but an incremental factor. A priest's holiness, by contrast, is inherent to his existence (Radbaz).

32.

See Hilchot K’ lei HaMikdash 4:19 which lists various different levels of holiness among the priests.

33.

The assistant to the High Priest (ibid.:16).

34.

See Hilchot Melachim 7:1.

35.

Although in Hilchot K’lei HaMikdash, loc. cit., the Rambam rules that the priest anointed to lead the army is on a higher level, in this halachah, he relies on Nazir 47a which grants the s’gan precedence. The rationale is that if the High Priest becomes disqualified on Yom Kippur, the s’gan assumes his position.

36.

The head of the Supreme Sanhedrin. See Hilchot Sanhedrin 1:3.

37.

The Jerusalem Talmud (Nazir 7:1) relates that when Rabbi Yehudah HaNasi died, Rabbi Yannai announced: “There is no priesthood today.’’

38.

For it is not befitting for a nasi to be mourned merely by his family and friends. Instead, the entire Jewish people should show him respect. Everyone is considered as if he was his relative. See also Chapter 9, Halachot 2, 6, 12, and 14, which mention other mourning rites undertaken as a token of respect for a nasi.
There are authorities who maintain that this law is not only relevant in the Talmudic era. Tosafot, Ketubot 103b quotes Rabbi Chayim Cohen as stating: “Were I present when Rabbenu Tam died, I would have become impure for his sake.” The Radbaz, however, questions that license. Significantly, the Shulchan Aruch (Yoreh De’ah 374:11) which mentions only the laws which are relevant in the present age, mentions the obligation to become impure for the sake of a nasi.

39.

I.e., they should not eat meat or drink wine until his burial as stated in Chapter 4, Halachah 6.

40.

I.e., women born to the priestly family.

41.

Offspring born to a priest by a woman whom he is forbidden to marry (Hilchot Issurei Bi’ah, Ch. 19). The Radbaz and the Siftei Cohen 373:2 emphasize that this leniency applies only to individuals who are considered challalim by Scriptural Law. One who is, however, considered as a challal according to Rabbinic Law, e.g., a person born to a priest and a woman who performed the rite of chalitzah, must keep these stringencies. For according to Scriptural Law, he is a priest.

42.

Thus excluding challalim who are considered as non-priests with regard to all matters (see Hilchot Issurei Bi’ah 19:10; Hilchot Terumah 6:7; Hilchot Ma’aseh HaKorbanot 11:8).

43.

Yevamot 114a derives this concept from the use of the similar terms emor and vi’amarta by Leviticus 21:1.

44.

I.e., the Jewish community as a whole does not have the obligation to train every child in observance. Instead, the obligation is a personal one, incumbent on the child’s father. See Hilchot Ma’achalot Assurot 17:27-28 where this issue is also discussed.

45.

Sotah 44a explains that this is a Rabbinic decree, enacted to compel priests to keep their distance from corpses lest one accidentally, pass his hand over the corpse or the like. If, however, a barrier is erected around the corpse, this stringency need not be observed [Radbaz; Shulchan Aruch (Yoreh De’ah 371:5)]. In such a situation, he should nevertheless keep a distance of four handbreadths.

46.

The punishment given for the violation of a Rabbinic decree.

47.

A field in which a grave had been located, but which had been plowed over. The Sages forbade a priest from entering such a field for 100 cubits, lest he accidentally step on a small piece of bone from the corpse.

48.

This applies in the era when the laws of ritual impurity were strictly observed in Eretz Yisrael. See Siftei Cohen 369:2.

49.

A mixture of blood, some which was lost before the person passed away and some which drained from his corpse after his passing.

50.

Chapter 2, Halachot 13-16.

51.

For by stepping on a grave, he becomes impure, because he creates an ohel, “shelter,” over the grave. The Radbaz emphasizes that this law applies only when there is no way to enter the cemetery except by walking on the graves. Different rules apply, however, if there is a path through the cemetery. In such an instance, if a priest walks within four cubits of a grave, he receives stripes for rebellious conduct and if he remains more than that distance away, he is not liable at all.

52.

I.e., even priests.

53.

Since there is a handbreadth of space between the top of the coffin and the corpse, the impurity is contained and does not extend beyond the coffin according to Scriptural Law. Our Rabbis, however, ruled that according to Rabbinic Law, one contracts impurity from a coffin (Berachot 19b).

54.

I.e., with the coming of Mashiach.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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