Tag: tumah

May a Kohen Go to the Dentist?

Yaakov Avinu blessed his sons with brachos appropriate to their future callings in life. They and their children after them for generations engaged in many different professions, some of them even becoming dentists…

Yankel Katz (*Names are fictitious) called me recently with a very surprising shaylah:

“I am scheduled to have a dental implant placed in my mouth. My dentist told me that the procedure may require the insertion of cadaver bone around the implant. Since I am a kohen, I immediately realized that I may have a serious halacha problem on my hands, or more accurately, in his hands and my mouth. May I have these products inserted? May I even go into the dentist’s office knowing he has these remains (parts of a corpse) on hand? Maybe I cannot even enter the building?”

I admit that I was more than a bit incredulous that human remains are commonly used today in basic dentistry and medicine. I did some research and discovered that indeed, Yankel’s information is accurate. Many forms of dental, oral, podiatric and other kinds of surgery utilize cadaver-derived products. Surgeons and dentists use these human products (typically bone, skin, and heart muscle) in various grafting procedures. Similarly, many podiatrists use human remains in the construction of foot implants. Because of this, most periodontists (gum specialists) and dentists specializing in implants store human muscle and bone in their offices. Thus, Yankel’s shaylah is realistic: May a kohen enter an office building knowing that there is probably a dental or foot clinic somewhere in the building that contains human remains? Does this prohibit a kohen from freely entering large office buildings?

Furthermore, a non-kohen who causes a kohen to become tamei will also be violating the Torah. Obviously, the ramifications of these shaylos are ominous, and the potential repercussions could be catastrophic for people employed in most cities. Because of these considerations, I researched this shaylah with utmost seriousness.

There are three potential halachic issues involved in this shaylah:

I. Benefiting From Human Remains (Issur Hana’ah)

II. The Mitzvah of Burial

III. Tumah.

To address these questions, we first need to gather some factual information. I began by asking Yankel’s dentist the following questions:

1) How extensively are cadaver bones and muscle used?

2) How much material does a dentist keep in his office?

I received the following answers:

1) Every periodontist and oral surgeon has this material in his office. In addition, many general dentists have it too if they perform gum surgery or implant surgery.

2) There is no practical way to answer this question accurately. Specialists such as oral surgeons probably have a lot. I keep between 2-10cc. They are usually stored in 0.5, 1, and 2cc bottles.

And now some background to the halachic shaylos involved:

I. BENEFITING FROM A CORPSE

May one benefit from a corpse or from human remains?

The Gemara rules that one may not benefit from a corpse (Avodah Zarah 29b). However, the Gemara does not discuss whether this prohibition applies only to the remains of a Jew or also to those of a non-Jew.

Why should it make a difference?

The Torah pasuk teaching that one may not benefit from a corpse refers to a Jew. Thus, many poskim conclude that the prohibition is restricted to the remains of a Jew (Tosafos and Rashba, Bava Kamma 10a; Nekudos HaKesef and Gra, Yoreh Deah 349; Shu’t Radbaz #741; Mishneh LaMelech, Hilchos Aveil 14:21). Others rule that remains of either Jews or non-Jews are equally forbidden (Shu’t Rashba 365; Shulchan Aruch, Yoreh Deah 349:1). Still others compromise between these two positions, contending that the prohibition to use a gentile cadaver is Rabbinic, whereas not using a Jewish corpse is prohibited min haTorah (Pischei Teshuvah ad loc.).

In a circumstance of pikuach nefesh one may of course benefit, as is true with virtually all mitzvos of the Torah. Although tooth replacement is not a life threatening urgency, it is important to use the best quality dental implant.

To quote Yankel’s dentist, himself an observant Jew:

“In my opinion, the severity of this halachic issue should hinge on the detriment caused by tooth loss. Clearly losing one tooth or even all the teeth will not result in death. However, tooth loss often results in dietary/nutritional issues. People who have a difficult time chewing will not have a proper diet. Although people who lose their teeth can still eat, they tend to eat soft foods, which are usually high in carbohydrates and low in protein, vitamins, and minerals. Foods that are high in protein, vitamins, and minerals, such as meat, poultry, grains, and fresh fruits and vegetables, tend to be harder to chew. Consequently, people who eat mainly soft foods may become undernourished. I have seen many cases where people receiving their first set of dentures lose a lot of weight due to the difficulty involved in learning how to use them. Some people adapt and those who do not often seek implants if they can afford it. The only thing preventing most people from having implants is the exorbitant cost, since insurance does not usually pay for them at this time.”

At this point, I think it is important to explain the difference between dentures and implants.

DENTURES VERSUS IMPLANTS

Dentures are removable appliances that replace some or all of the teeth. They are usually not firm enough to allow a proper bite and chew, and thus a patient using dentures usually regains only a very partial ability to chew. In addition, they are often uncomfortable.

To install dental implants, the dentist utilizes a surgical screw to which he cements crowns or bridges. Alternatively, he uses the implants as anchors to hold complete dentures in place. In either instance, the resultant bite is much stronger than dentures and allows the patient an almost total ability to chew a regular diet.

Dental researchers introduced implants in the ‘60’s, and they became mainstream practice in the ‘90’s. They are now usually considered the “standard of care” for tooth replacement.

Therefore, one can understand the practical importance of using high-quality implants, assuming, of course, that no compromise of halacha results for either the patient, the dentist, or kohanim in the vicinity.

USE OF HUMAN TISSUE

Rav Moshe Feinstein wrote a teshuvah concerning transplanting human remains in non-life-threatening situations (Shu’t Igros Moshe, Yoreh Deah 1:229, 230). Clearly, one may transplant such organs as kidneys, livers, and heart because of pikuach nefashos (life-threatening emergency). However, transplanting items such as bone, cornea, muscle, and ligament are not usually for life-threatening situations. As explained above, dental implants relieve a non-life-threatening emergency, although one could argue that these situations are considered choleh kol gufo, where halachic rules are somewhat relaxed. Nevertheless, treating a choleh kol gufo does not permit violating a Torah prohibition.

We noted above that there is a dispute whether one may use remains of a non-Jew; Rav Moshe concludes that, under extenuating circumstances, one may rely on the lenient opinions. A second question now presents itself, which is whether one may assume that the remains used are those of a non-Jew, since using remains of a Jew is certainly prohibited min haTorah. Again, here also Rav Moshe ruled leniently that one may assume that the remains are of non-Jewish source, since most people are not Jewish (Mishneh LaMelech, Hil. Aveil 3:1).

NOT THE NORMAL USE

Some poskim permit the use of human remains for non-life-threatening emergencies because of a different line of reasoning. The Gemara (Pesachim 25b) rules that someone who is ill, but does not have a life threatening condition, may apply a balm made from orlah fruit (that grew in the first three years of a tree’s growth), notwithstanding that the Torah prohibits benefiting from such fruit.

Why is this permitted where the situation is not life threatening?

This is because many prohibitions that are asur b’hana’ah (forbidden to benefit from), are prohibited min haTorah only when the prohibited item is used in its normal way. Smearing fruit on one’s skin is not a typical, normal use. Since orlah is prohibited min haTorah b’hana’ah only when used in its normal way, smearing orlah fruit as a balm involves only a rabbinic prohibition, which is relaxed for an ill person.

However, this leniency does not apply to all prohibitions. For example, the Torah prohibits using kilayim (forbidden fruit of a grapevine) even in an atypical way. For this reason, an ill person may not smear kilayim as a balm, even though he may smear orlah balm.

Where does the prohibition to use human remains fall? Is it like orlah, and is permitted for an ill person to use in an atypical manner, or like kilayim and prohibited.

The poskim dispute whether the prohibition not to use human remains applies to using them in an atypical way, Shu’t Radbaz #979 and Mishneh L’Melech, Hilchos Aveil 14:21 are lenient, whereas Rabbi Akiva Eiger (notes to Yoreh Deah 349) prohibits. If it is permitted, there is a basis to permit the use of human remains from a Jew for someone who is ill when the situation is not life-threatening.

Rav Moshe rules that min hatorah one may not use human remains in an atypical way, although other poskim are lenient (Shu’t Har Tzvi, Yoreh Deah #277). The latter approach might allow using muscle and bone for implants even from a Jewish cadaver.

However, since there are alternative sources for implants, such as bovine tissue, it is halachically unclear whether this justifies use of human implants. Although some dentists feel that the cadaver-based material is superior, others do not agree. Therefore, someone who is considering cadaver implants should ask a shaylah from his or her Rav, whether or not one is a kohen. In addition, although the dentist may have asked a shaylah and been told that he or she may use human implants, the patient’s Rav may feel otherwise. Thus I believe that a frum dentist who received a psak that he may use human tissue should advise his frum patients to ask their own shaylah.

II. THE REQUIREMENT TO BURY THE DEAD

Is one required to bury a small amount of human remains?

The poskim dispute how small an amount of Jewish remains requires the mitzvah of burying. Some contend that one must bury even an amount as small as a k’zayis (Tosafos Yom Tov to Shabbos 10:5). Others contend that one is required to bury only that which could represent an entire body (Mishneh LaMelech, Hilchos Aveil 14:21). However, it seems that all agree that there is no Torah mitzvah to bury the remains of a gentile, except due to tumah concerns. Thus, this question would not affect our shaylah once we assume that the remains involved are of a non-Jew.

III. TUMAH AND A KOHEN

A human cadaver (meis) of either Jew or gentile conveys tumah when a person touches remains or carries them. Although these halachos do not affect most Jews nowadays, a kohen is still forbidden to come in contact with human remains in a way that he will become tamei.

Jewish remains convey tumah through ohel, which means that a kohen may not be under the same roof or in the same room as the remains. However, if all the doors and windows in the room holding the remains are closed, the tumas ohel is probably contained within that room (see Nekudos HaKesef on Taz, Yoreh Deah 371:3; see also Shu’t Noda BiYehudah, Yoreh Deah #94). However, there is a lesser form of tumah, called sof tumah latzeis (lit., the tumah will eventually leave), that extends beyond the closed doors or windows, though only in the direction that one will eventually remove the tumah.

OHEL AND A NON-JEW

The poskim dispute whether non-Jewish remains convey tumah through ohel; i.e., does someone in the same room as non-Jewish remains become tamei? According to those who contend that non-Jewish remains convey tumas ohel, a kohen may not enter a room containing a gentile corpse or part of a corpse. Thus, a kohen should be careful not to enter any hospital except for a life-threatening emergency, since there is likely to be human remains somewhere in the hospital. Similarly, a kohen may not enter a museum without carefully verifying that it does not contain any human remains — an unusual circumstance. According to those who contend that non-Jewish remains do not convey tumas ohel, a kohen may enter a hospital when one may assume that it contains no Jewish remains.

The Shulchan Aruch rules that non-Jewish remains do not convey tumas ohel, yet a kohen should still be machmir not to be in the same ohel as gentile remains. Thus, a kohen should not visit someone in the hospital unless there is an extenuating reason, i.e., there is something important that only he may accomplish. Similarly, a kohen should not enter a museum without verifying that it does not contain human remains. [This discussion is limited to a case where the remains in the hospital are of a non-Jew. In a situation where there are likely to be Jewish remains in the hospital, a kohen would be allowed to enter the hospital only for a life-threatening emergency (pikuach nefashos).]

Thus, if we assume that the remains contained in the dental office are a non-Jew’s, then a kohen entering the office would not entail a halachic violation, but would be something that should be avoided (according to the above ruling of the Shulchan Aruch). However because of other halachic factors (too complicated to explain in this article), there is a basis to be lenient and allow a kohen to enter the dentist’s office and certainly the building. Personally, I would encourage the dentist to store the remains in a way that guarantees that there is no tumas ohel, a procedure that I will gladly explain to any dentist on an individual basis, but that is too complicated to elucidate in this article.

WHAT ABOUT YANKEL KATZ’S IMPLANT?

So far we have discussed whether one may use human remains as an implant and whether a kohen may enter the office. Assuming that Yankel’s Rav rules that he may rely on the remains being of a non-Jew and that one may use gentile remains, the shaylah is still not completely resolved. Because Yankel has the bone graft installed in his mouth, he will now be touching and carrying the remains, and a kohen may not touch or carry non-Jewish remains. Is there any possible solution to this issue, or must Yankel opt for a non-human product? The answer to this question lies in a different direction.

IS THERE A MINIMUM AMOUNT OF REMAINS THAT CONVEYS TUMAH?

Here the issue is, how small an amount still conveys tumah? Although the amount of flesh that conveys tumah is one k’zayis, the amount of human bone that conveys tumah in this situation may be as small as a k’se’orah, the size of a barleycorn, which is tiny (Ohalos 2:7; Rambam, Tumas Meis 4:4).

How big is a k’zayis? The estimates of the poskim range from as little as 3 cc. to as much as 25 cc. A dentist typically uses less than this amount in a patient, although sometimes he might use a larger amount. Thus, one should verify this information in order to ask a shaylah. However the amount of bone used is certainly greater than the size of a barleycorn, thus precluding a kohen from receiving a dental implant of human origin.

There is one other aspect about dental offices that one should know: Some dentists keep a human skull on hand for explanation and education. A kohen should clarify in advance before visiting a dentist whether he is a skull-bearer, and should make similar research before scheduling an appointment at the podiatrist and other physicians, who often also use human remains in their surgeries or have cadaver models on hand for visual explanations. A concerned practitioner will procure plastic replicas rather than genuine human parts to minimize difficult situations for a kohen.

A kohen has the privilege of blessing the people, in addition to serving in the Beis HaMikdash, may it be built speedily in our day. Concurrent with these privileges come many responsibilities, including the requirement of avoiding tumah. This necessitates an awareness of possible tumah situations and being aware of new developments in our constantly changing society.

The Tumah of Utensils

Since the beginning of this week’s parsha is all about the laws of tumah and taharah, we will be studying these laws in preparation for the arrival of the Moshiach!

Question #1: Slingshots like Tefillin?!?

How are slingshots like Tefillin?

Question #2: Sack or sock?

What is the difference between a sack and a sock?

Question #3: Very earthy

How is an earthenware oven different from other earthenware utensils?

Introduction:

Since, unfortunately, our Beis Hamikdash still lies in ruins, the laws of tumah and taharah do not affect our daily lives significantly. As a result, many people do not approach the study of these laws enthusiastically, and do not pay adequate attention to the Torah readings when they concern this topic. Yet, our prayers for Moshiach to come at any moment require us to be fully knowledgeable of the laws of tumah and taharah, so that we are prepared to observe them.

Some tumah basics

Someone who becomes tamei may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim, kodoshim or any other foods that have sanctity.

The following passage of the Torah in parshas Shemini mentions eleven different categories of the laws of tumah, which are numbered in the selection below to facilitate explaining them afterward. The Torah writes:

Among animals that walk on all fours (1), anything that walks upon its forepaws is impure (tamei). Whoever touches the carcass of such an animal will be tamei until evening. And whoever carries their carcass must wash his clothes, and he is tamei until evening, because these animals are tamei for you.

And the following creatures that creep on the ground (2) are tamei for you: The weasel, the mouse, and the various species of toad; also, the hedgehog, the ko’ach, the lizard, the snail and the mole. These are tamei to you, among all the creeping animals – whoever touches them after they are dead will be tamei, until evening. And anything that falls upon them after they are dead will become tamei, whether it is a wooden vessel (3) or a garment (4) or leather (5) or sackcloth (6) – any vessel with which work is performed (7). It must be immersed in water, and then it remains tamei until evening, at which point it becomes tahor.

Furthermore, any part of them (that is, the eight tamei “creeping creatures”) that will fall inside any earthenware vessel (8), whatever is inside it will become tamei and you shall break it (that is,the earthenware vessel). And any edible food (9) that had water touch it can become tamei. Similarly, any liquid (10) that can be drunk will become tamei, if inside such a vessel. Furthermore, anything on which part of a carcass falls will become tamei. An oven or stove (11) should be destroyed, because they are tamei, and when you use them, they will be tamei (Vayikra 11:27-35).

The Torah described many different types of tumah (spiritual contamination). In a previous article on this topic, I explained the laws of neveilah and sheretz (numbers 1 and 2 above).

Utensils that become tamei

Returning to our passage, after mentioning the tumah of neveilah and sheretz, the Torah lists nine categories of items that become tamei from contact with neveilah or sheretz. The specific items mentioned are: (3) wooden vessels, (4) garments, (5) leather items, (6) sackcloth, (7) vessels described by a not-easily-understood clause, “any vessel with which work is performed,” (8) earthenware, (9) food, (10) beverages and (11) ovens and stoves. Each of these categories has its own specific laws, which are hinted at in the pasuk. For reasons that will soon become obvious, I will divide this list into three groups. The first group consists of the first five items, which I will call, collectively, “immersible utensils.”

(3) Wooden utensils

Wooden vessels have the potential to become tamei if they can hold liquid (called a beis kibul) or when people use them and place items on them, such as a table (Rambam, Hilchos Keilim 4:1). These ideas are suggested by the Torah when it describes wooden items that can become tamei as “vessels” (keilim).

(4-5) Garments and leather

All types of garments are susceptible to tumah, although there is a dispute among late authorities concerning whether synthetic fabrics can become tamei.

(6) Sack

Yes, I wrote sack, not sock. Sackcloth means something manufactured from woven goat’s hair or animal hair, such as from the tail hair of cows (Sifra). In general, goat hair is too coarse to use as clothing, but it was used in earlier generations as a bag or sack for storage or transportation, similar to the way we use burlap today. (Some varieties of goat produce extremely fine wool used for garments, such as cashmere and mohair, but most goats do not.)

(7) From slingshots to tefillin

The Torah mentions that any vessel with which work is performed can become tamei from a sheretz. What is included in this category? The Sifra, the halachic midrash on the book of Vayikra that dates back to the era of the tanna’im, explains that this verse teaches that the following three items become tamei: The sling of a slingshot, tefillin, and a pouch in which one places an amulet.

What do slingshots have in common with tefillin?

These three items contain a beis kibul, a receptacle to hold something, yet some might mistakenly think that they do not qualify as “vessels.” The Torah is teaching that these are considered receptacles, or “vessels,” able to become tamei. In the case of the sling, it is meant to hold a marble, stone or other projectile, albeit for a very brief period of time. In the case of tefillin, this is because the batim of the tefillin contain the parshi’os, and, similarly, in the case of an amulet.

(8) Earthenware

Note that I have separated earthenware and not included it under the same category as the other utensils. This is because earthenware has many halachic differences, some lenient and some stringent, from all other utensils.

All other utensils fall under one of two categories:

(A) Utensils that do not become tamei, which is a topic we are not discussing in this article. An example of this is vessels manufactured from stone. By the way, this explains why excavations in the old city and other areas around Israel have found many vessels and utensils made of stone. Since these items are not susceptible to tumah, kohanim who needed to be concerned not to make their terumah and challah tamei often used stone vessels that could not become tamei.

(B) Utensils that do become tamei but can become tahor again by immersion in a mikveh or spring. This latter categoryis called klei shetef, literally, immersible utensils.

How is earthenware different?

(C) Earthenware vessels fall under a third category, because once they become tamei, the only way they can become tahor again is by being broken. Immersing them in a mikveh or spring does not make them tahor.

There are also several other ways whereby halacha treats earthenware vessels differently than it treats immersible utensils. The section of the Torah quoted above alludes to four of the ways that earthenware vessels are different.

Contaminate from outside

(I) Immersible utensils become contaminated when they come in contact with neveilah, sheretz or other tamei sources, regardless whether they are touched on their internal surface or on their outside. However, if something tamei touched the outside of an earthenware vessel, it remains tahor. An earthenware vessel contracts tumah only from its inside, and only when it has a beis kibul – an area that can serve as a “container” to hold liquid. As a result, a flat earthenware board or an earthenware fork cannot become tamei, since it has no “inside” that holds liquid.

Immersion does not help

(II) As mentioned above, another way that earthenware vessels are different from other utensils is that, once they become tamei, there is no means of making them tahor again, other than breaking them.

Airspace

(III) A third way that earthenware vessels are different from other utensils is that they become tamei if a tamei source, such as a sheretz or neveilah, is suspended within the airspace of the earthenware vessel, even if the sheretz or neveilah does not touch the vessel. Halachically, there is no difference between touching the airspace of an earthenware vessel and touching it on the inside – either way makes the earthenware vessel tamei.

Contaminating from within

(IV) A fourth way that earthenware vessels are different from other utensils is that a tamei earthenware vessel spreads tumah to any food or beverage that is inside the vessel, even if the food or beverage never actually touched the vessel.

These four laws regarding earthenware vessels are all taught in a few words in the pasuk mentioned above: Furthermore, any part of them [the eight tamei creatures] that will fall inside any earthenware vessel, whatever is inside it will become tamei and you shall break it [the earthenware vessel].

The Torah mentions that an earthenware vessel contracts tumah only when something falls inside it, and does not say that the tamei substance must actually touch the earthenware vessel. Also, note that any food or beverage inside the earthenware vessel becomes tamei, even if it did not touch the earthenware vessel, but is suspended inside it. And, lastly, upon becoming tamei, the Torah mentions only one solution for the earthenware vessel: breaking it. There is no other way to make it tahor.

(11) Ovens and stoves

Let us return to the final pasuk quoted above, which discusses a special type of earthenware vessel: Anything on which part of a carcass falls will become tamei. An oven or stove should be destroyed, because they are tamei, and when you use them, they will be tamei.

The ovens of the era of the Torah and Chazal were made of earthenware. Their shape was tubular, meaning that they were completely open on top and bottom. The open bottom was placed over a hollow in the ground, and then the outside of the oven was lined with mud or clay to insulate it well. Fuel was placed in the hollow inside the oven and kindled by means of an opening in the side. The food being cooked or baked was placed inside, either through this opening or through an opening at the top. When these ovens were used as stoves, pots of food were placed on the open top. When they were used as ovens, the open top was covered, usually with a piece of earthenware.

I explain these facts not for anthropological documentation, but so that we can better understand both the pasuk of the Torah and the halacha. Although ovens and stoves were made of earthenware, the Torah mentions them as a different category. This is because other earthenware vessels become tamei only when they have a beis kibul, a receptacle. Under this definition, earthenware ovens and stoves should not become tamei, since they have no bottom. The Torah teaches that ovens and stoves are susceptible to tumah, and have the rules of other earthenware vessels, despite the fact that they have no beis kibul.

There are halachic ramifications to this distinction, but we will not discuss that in this article. The intrepid reader is referred to a halachic discussion in Ohalos 12:1, and the commentaries thereon.

Conclusion

This article and one I sent out for parshas Shemini have served to introduce some of the basic rules of tumah and taharah; this one, as these laws relate to utensils. We hope and pray to be able to observe all of these laws soon.

Lessons of Parshas Shemini

Question #1: Tanner Training

“I work as a leather tanner. Should I train for a different parnasah, so that I can make a living after Moshiach comes?”

Question #2: Amorphous Amphibians

“What is the difference between a toad and a frog?”

Question #3: Lessons of Parshas Shemini

What does either of the previous two questions have to do with this week’s parshah?

Introduction:

Since, unfortunately, our Beis Hamikdash still lies in ruins, the laws of tumah and taharah do not affect our daily lives significantly. As a result, many people do not approach the study of these laws enthusiastically, and do not pay adequate attention to the Torah readings when they are about this topic. Yet, our prayers for Moshiach to come at any moment require us to be fully knowledgeable of the laws of tumah and taharah, so that we are prepared to observe them. As the Gemara teaches, in the days of Chizkiyahu Hamelech, they searched the entire Land of Israel, from the northern to the southern tip, and could not find a single man, woman or child who was not completely conversant in every detail of the laws of tumah and taharah (Sanhedrin 94b). The situation should be similar today or even better, since we have a responsibility to comprehend the weekly parshah, and some of these laws are discussed in parshas Shemini.

Some tumah basics

Someone who becomes tamei may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim or kodoshim, foods that have sanctity.

The following passage of this week’s parshah mentions eleven different categories of the laws of tumah, which are numbered in the selection below to facilitate explaining them afterward. The Torah writes:

Among animals that walk on all fours (1), anything that walks upon its forepaws* is impure (tamei). Whoever touches the carcass of such an animal will be tamei until evening. And whoever carries their carcass must wash his clothes, and he is tamei until evening, because these animals are tamei for you.

And the following creatures that creep on the ground (2) are tamei for you: The weasel,** the mouse, and the various species of toad. Also the hedgehog, the ko’ach,*** the lizard, the snail and the mole. These are tamei to you, among all the creeping animals – whoever touches them after they are dead will be tamei until evening. And anything that falls upon them after they are dead will become tamei, whether it is a wooden vessel (3) or a garment (4) or leather (5) or sackcloth (6) – any vessel with which work is performed (7). It must be immersed in water, and then it remains tamei until evening, at which point it becomes tahor.

Furthermore, any part of them (that is, the eight tamei “creeping creatures”) that will fall inside any earthenware vessel (8), whatever is inside it will become tamei, and you shall break it (that is,the earthenware vessel). And any edible food (9) that had water touch it can become tamei. Similarly, any liquid (10) that can be drunk will become tamei, if inside such a vessel. Furthermore, anything on which part of a carcass falls will become tamei. An oven or stove (11) should be destroyed, because they are tamei, and when you use them, they will be tamei (Vayikra 11:27-35).

The Torah describes many different types of tumah (spiritual contamination), each with its own laws. Every word used in this passage has a very specific meaning. Let us explore some of the laws of the different categories mentioned.

(1) Neveilah

When discussing someone who touched a non-shechted animal carcass (neveilah), the Torah specifies that a person becomes tamei whether he touched it or carried it, but notes a halachic difference between a neveilah that was touched and one that was carried. Regarding carrying the carcass, which creates a status called tumas masa, the Torah says that he must wash his clothes, but omits this detail regarding one who touches the carcass, which is called tumas maga. We see here a difference in halachah between the person who carries a neveilah and one who touches it without moving it. One who carries a neveilah contaminates any utensils, food or beverage susceptible to tumah that he touches while he carries it. The clothes that he wears are used by the Torah as an example of any item that he touches while carrying or moving the neveilah. This tumah is called tumah be’chiburin, meaning tumah by connection. Any keilim, utensils or appliances that now become tamei will require immersion in a mikveh or spring, and then will become tahor again at the subsequent nightfall. (There is one type of utensil that is not affected by tumah be’chiburin – earthenware vessels that were touched by a person while he carried a neveilah remain tahor. Also, tumah be’chiburin of neveilah does not contaminate people – therefore, someone touching the person who is carrying the neveilah remains tahor.) However, someone who touches a neveilah without causing it to move does not contaminate something else he touches at the same time. While he himself becomes tamei and remains tamei until he immerses in a mikveh or spring and waits until nightfall, what he touches at the time remains tahor.

Tanner training

At this point, let us examine our first opening question:

“I work as a leather tanner. Should I train for a different parnasah, so that I can make a living after Moshiach comes?”

The questioner realizes that someone who tans leather will make himself tamei if he handles the carcasses of animals. However, once the flesh is removed, the hide itself is not considered neveilah and does not generate tumah (see Mishnah Chullin 117b). Even should our questioner handle neveilos, he can make himself tahor through immersion in a mikveh. It is, indeed, true that he may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim or kodoshim while he is tamei, but this does not preclude his earning his livelihood in this way.

(2) Sheretz

The Torah lists eight creeping creatures that generate tumah if one touches them after they are dead. As the Ibn Ezra already notes, we are uncertain as to the exact identity of these eight creatures. When Eliyahu arrives, he will teach us their proper identifications, so that we can properly observe the laws. According to the translation that I provided above, which is based on Rashi and other traditional commentaries, the eight include an interesting mixture of small mammals (mostly rodents), reptiles, amphibians and mollusks. All usually lie close to the ground, and most are small. However, if the ko’ach is identified correctly as a monitor, it is the largest of the lizards and can grow as long as ten feet.

If our translation is correct, other small creatures – such as snakes, frogs, insects and other rodents – are not included under the heading of tamei sheratzim. Although it may not seem aesthetically pleasing to touch live creatures or dead insects, rodents and other small animals, you do not become tamei from touching them. I recommend washing your hands for hygienic reasons, but maintaining hygiene and becoming tamei are unrelated concepts.

By the way, the word tzav, used in Modern Hebrew for turtle, is one of the sheratzim, but means toad, according to Rashi. I have no idea who decided to use this word for turtle, but it is not consistent with halachic authorities. There is no reason to assume that a dead turtle makes one tamei.

Amorphous amphibians

At this point, let us refer back to one of our opening questions: “What is the difference between a toad and a frog?”

A zoologist will note several differences, but this is a halachic article. According to Rashi, a toad is one of the eight sheratzim that are tamei, and a frog is not (Taharos 5:1, 4).

Laws of sheratzim

Regarding the tumah of sheratzim, the Torah states that one who touches them becomes tamei, but it mentions nothing about the person’s clothing requiring immersion, nor does it state that someone becomes tamei when he carries them. This is because a sheretz makes someone tamei only if he touches it, and not if he moves it without touching. Furthermore, his clothing and anything else he touches while touching the sheretz, donot become tamei, unless they are in direct physical contact with the sheretz.

Toad vs. frog

Why did the Torah declare only these eight creatures to be tamei, but no others?

This is a question that we can ask, but probably not answer, other than to accept the gezeiras hakasuv, the declaration of the Torah, and observe it as Hashem’s will. Although we endeavor to explain the reasons for our commandments, we realize that we can never assume that we understand the reason for a mitzvah. We explore possible reasons for a mitzvah in order to enhance our experience when we observe it. We do this when we can. However, I have not found any commentary that endeavors to explain what it is about these eight specific creeping creatures, but no others, that generates tumah.

I will be continuing this topic in my next article.

Conclusion

This article has served as an introduction to some of the basic rules of tumah and taharah relating to neveilah and sheratzim. We hope and pray to be able to observe all of these laws soon.

* This translation follows Malbim.

** With the exception of the ko’ach, our translation follows Rashi’s commentary.

*** Most commentators identify this either with the chameleon or with the monitor, both of which are varieties of lizard.

Do We Really Want to Be Tahor?

Question #1: Tanner Training

“In my work, I tan animal hides. Should I train for a different parnasah, so that I can make a living after Moshiach comes?”

Question #2: Amorphous Amphibians

“What is the difference between a toad and a frog?”

Introduction:

Since, unfortunately, our Beis Hamikdash still lies in ruins, the laws of tumah and taharah do not affect our daily lives significantly. As a result, many people do not approach the study of these laws enthusiastically, and do not pay adequate attention to the Torah readings about this topic. Yet, our prayers for Moshiach to come at any moment require that we be fully knowledgeable of the laws of tumah and taharah and that we are prepared to observe them. As the Gemara teaches, in the days of Chizkiyahu Hamelech, they searched the entire Land of Israel, from the northern to the southern tips, and could not find a single man, woman or child who was not completely conversant in every detail of the laws of tumah and taharah (Sanhedrin 94b). The situation should be this way today. This is all the more so, since we have a responsibility to comprehend the weekly parshah, and some of these laws are discussed in parshas Shemini.

Someone who becomes tamei may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim or kodoshim, foods that have sanctity.

The following passage of this week’s parshah mentions eleven different categories of the laws of tumah, which I have numbered in the selection below to facilitate explaining them afterward. The Torah writes:

Among animals that walk on all fours (1), anything that walks upon its forepaws* is impure (tamei). Whoever touches the carcass of such an animal will be tamei until evening. And whoever carries their carcass must wash his clothes, and he is tamei until evening, because these animals are tamei for you.

And the following creatures that creep on the ground (2) are tamei for you: The weasel,** the mouse, and the various species of toad. Also the hedgehog, the koach,*** the lizard, the snail and the mole. These are tamei to you among all the creeping animals – whoever touches them after they are dead will be tamei until evening. And anything that falls upon them after they are dead will become tamei, whether it is a wooden vessel (3) or a garment (4) or leather (5) or sackcloth (6) – any vessel with which work is performed (7). It must be immersed in water, and then it remains tamei until evening, at which point it becomes tahor.

Furthermore, any part of them (that is, the eight tamei “creeping creatures”) that will fall inside any earthenware vessel (8), whatever is inside it will become tamei and you shall break it (that is,the earthenware vessel). And any edible food (9) that had water touch it can become tamei. Similarly, any liquid (10) that can be drunk will become tamei, if inside such a vessel. Furthermore, anything on which part of a carcass falls will become tamei. An oven or stove (11) should be destroyed, because they are tamei, and when you use them, they will be tamei (Vayikra 11:27-35).

The Torah describes many different types of tumah (spiritual contamination), each with its own laws. Every word used here has a very specific halachic meaning. Let us explore some of the laws of the different categories mentioned.

(1) Neveilah

When discussing someone who touched an animal carcass (neveilah), the Torah specifies that a person becomes tamei whether he touched it or carried it, but notes a halachic difference between the neveilah that was touched or was carried. Germane to carrying the carcass, which is called tumas masa, the Torah says that he must wash his clothes, but omits this detail when discussing someone who touches a carcass, which is called tumas maga. We see here a difference in halachah between the person who carries neveilah and one who touches it, without moving it. One who carries neveilah contaminates any utensils, food or beverage susceptible to tumah that he touches while he carries it. The clothes that he wears are used by the Torah as an example of any item that he touches while carrying or moving the neveilah. This tumah is called tumah be’chiburin, literally, tumah by connection. Any keilim, utensils or appliances, that now become tamei will require immersion in a mikveh or spring, and will become tahor again at the subsequent nightfall. (There is one type of utensil that is not affected by tumah be’chiburin — earthenware vessels that were touched by a person while he carried a neveilah remain tahor. Also, tumah be’chiburin of neveilah does not contaminate people – therefore someone touching the person who is carrying the neveilah remains tahor.) However, someone who touches a neveilah without causing it to move does not contaminate something he touches at the same time. Whereas he himself becomes tamei and remains tamei, until he immerses in a mikveh or spring and then awaits nightfall afterwards, what he touches at the time remains tahor.

By the way, for those in chutz la’aretz, becoming tamei by moving or touching neveilah is not an uncommon situation. For example, someone who moves a package of packaged non-kosher meat in the supermarket has just carried neveilah and made himself and his clothes tamei (although, in all likelihood, they were already tamei).

Tanner training

At this point, let us examine one of our opening questions:

“In my work, I tan animal hides. Should I train for a different parnasah, so that I can make a living after Moshiach comes?”

The questioner realizes that someone who tans leather will make himself tamei, if he handles the carcasses of animals. However, once the flesh is removed, the hide itself does not generate tumah (see Mishnah Chullin 117b). Furthermore, even if our questioner handles neveilos, he can make himself tahor through immersion in a mikveh. It is indeed true that he may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim or kodoshim once he becomes tamei, but this does not preclude his earning his livelihood that way.

(2) Sheretz

The Torah lists eight creeping creatures that generate tumah, if one touches them after they are dead. As the Ibn Ezra already notes, we are uncertain as to the exact identity of these eight creatures. When Eliyahu arrives, he will identify them, so that we can properly observe these laws. If we follow the translation that I provided above, based on Rashi and other traditional commentaries, the eight include an interesting mixture of small mammals (mostly rodents), reptiles, amphibians and mollusks. All usually lie close to the ground, and most are small. However, if the koach is identified correctly as a monitor, it is the largest of the lizards and can grow as long as ten feet.

Yet, if our translation is correct, other small creatures, such as snakes, frogs, insects and other rodents are not included under the heading of tumas sheratzim. Although it may not seem very aesthetically pleasing to touch other dead insects, rodents or other small creatures, one does not become tamei when one touches them. One should wash one’s hands because of sanitary reasons, but being sanitary and becoming tamei are dissimilar concepts.

By the way, the word tzav, which is used in Modern Hebrew for turtle, is one of the sheratzim, but means toad, according to Rashi. I have no idea who decided to use this word for turtle, but it is not consistent with halachic authorities. There is no reason to assume that a turtle is tamei.

Amorphous amphibians

At this point, let us refer back to one of our opening questions: “What is the difference between a toad and a frog?”

A zoologist will note several differences between them, but this is a halachic article. According to Rashi (Vayikra 11:29), a toad is one of the eight sheratzim that are tamei, and a frog is not (see Rashi, Shemos 7:29 and also see Mishnayos Taharos 5:1,4 and Rash and Bartenura).

Laws of sheratzim

Regarding the tumah of sheratzim, the Torah states that one who touches them becomes tamei, but it mentions nothing about the person’s clothing requiring immersion, nor does it state that someone becomes tamei when he carries them. This is because a sheretz makes someone tamei only if he touches it, and not if he moves it without touching. Furthermore, his clothing or anything else he touches while touching the sheretz does not become tamei, unless it is in direct physical contact with the sheretz.

Toad vs. frog

Why did the Torah declare only these eight creatures to be tamei, but no others?

This is a question that we can ask, but probably not answer, other than to accept the gezeiras hakasuv, the declaration of the Torah, and observe it as Hashem’s will. Although we endeavor to explain the reasons for mitzvos, we realize that we can never assume that we understand the reason for a mitzvah. In the instance of most mitzvos, we explore possible reasons for a mitzvah in order to enhance our experience when we observe it. This we do, when we can. However, I have not found any commentary that endeavors to explain what it is about these eight specific creeping creatures, but not any of the others, that generates tumah.

Utensils that become tamei

Returning to our passage, after mentioning the tumah of neveilah and sheretz, the Torah lists eight categories of items that become tamei from contact with neveilah and sheretz. Among the specific items mentioned are: (3) wooden vessels, (4) garments, (5) leather items, (6) sackcloth, (7) vessels described by an obscure clause, “any vessel with which work is performed,” (8) earthenware, (9) food and (10) beverages. Each of these categories has its own specific laws, all of which are hinted at in the pasuk. For reasons that will soon become obvious, I will divide this list into three groups. First we will discuss items 3-7, which I will call, collectively, “immersible utensils.”

(3) Wooden utensils

Wooden vessels become tamei when they have a receptable which can hold liquid (called a beis kibul) or when people use them and place items atop them, such as a table (Rambam, Hilchos Keilim 4:1). These ideas are intimated by the Torah when it describes wooden vessels.

(4-5) Garments and leather

All types of garments are susceptible to tumah, although there is a dispute among late authorities concerning whether synthetic fabrics can become tamei.

(6) Sacks

Yes, I wrote sacks, not socks. Sackcloth means something manufactured from woven goat’s hair or animal hair, such as from the tail-hair of cows (Sifra). In general, goat hair is too coarse for use as clothing, but was used in earlier generations similar to the way that we would use burlap, as a bag or sack for storage or transportation. (There are varieties of goat, such as cashmere and mohair, that produce extremely fine wool used for garments, but most goats do not.)

(7) From slingshots to tefillin

The Torah mentions that any vessel with which work is performed can become tamei from a sheretz. What is included in this category? The Sifra explains that this verse teaches that the following three items become tamei: The sling of a slingshot, tefillin, and the envelope in which one places an amulet.

What do slingshots have in common with tefillin and envelopes?

These are three items that contain a beis kibul, a receptacle to hold something, yet someone might think that they do not qualify as “vessels.” The Torah is teaching that these are considered to be receptacles, or “vessels,” to become tamei. In the case of the sling, it is meant to hold the marble, stone or other projectile, albeit for a very brief period of time. In the case of tefillin, the batim of the tefillin contain the parshiyos, and similarly in the case of an amulet.

(8) Earthenware

Note that I have separated earthenware and not included it under the same category as I treated the other utensils. This is because earthenware has many halachic differences, both lenient and stringent, from all other utensils.

All other utensils fall under one of two categories:

(A) Utensils that do not become tamei, which is a topic we will not be discussing in this article.

(B) Utensils that do become tamei, but which can then become tahor again, after they are immersed in a mikveh or spring. This latter categoryis called klei shetifah, literally, immersible utensils.

(C) Earthenware vessels fall under a third category, because once they become tamei, the only way they can become tahor again is by breaking them. Immersing them in a mikveh or spring does not make them tahor.

How is earthenware different?

There are also several other ways whereby halachah treats earthenware vessels differently from how it treats immersible utensils. The section of the Torah that I quoted above alludes to four of the ways that earthenware vessels are different from immersible utensils.

Contaminate from outside

(I) Immersible utensils become contaminated when they come in contact with neveilah, sheretz or other tamei sources, regardless as to whether they are touched on their internal surface or on their outside. However, if something tamei touched the outside of an earthenware vessel, it remains tahor. An earthenware vessel contracts tumah only from its inside, and only when it has a beis kibul — an area that can service as a “container” to hold liquid. As a result, a flat earthenware board or an earthenware fork cannot become tamei since it has no “inside” that holds liquid.

Immersion does not help

(II) As I mentioned above, another way that earthenware vessels are different from other utensils is that once they become tamei, there is no means of making them tahor again, other than breaking them.

Airspace

(III) A third way that earthenware vessels are different from other utensils is that they become tamei if a tamei source, such as a sheretz or neveilah, is suspended inside the airspace of the earthenware vessel, even if the sheretz or neveilah does not touch the vessel. Halachically, there is no difference between the airspace of an earthenware vessel and touching it on the inside – either way makes the earthenware vessel tamei.

Contaminating from the inside

(IV) A fourth way that earthenware vessels are different from other utensils is that a tamei earthenware vessel spreads tumah to any food or beverage that is inside its airspace, even if the food or beverage never touched the vessel directly.

These four laws regarding earthenware vessels are all taught in a few words in the pasuk that I mentioned above: Furthermore, any part of them (that is, the eight tamei creatures) that will fall inside any earthenware vessel, whatever is inside it will become tamei and you shall break it (that is,the earthenware vessel).

The Torah mentions that an earthenware vessel contracts tumah only when something falls inside it, and, furthermore, it does not say that the tamei substance must actually touch the earthenware vessel. Also, note that what is inside the earthenware vessel becomes tamei, even if it did not touch the vessel. And, lastly, upon becoming tamei, the Torah mentions only one solution for the earthenware vessel –breaking it. There is no other way to make it tahor.

(11) Ovens and stoves

Let us return to the pesukim quoted above. At this point, we will discuss other halachos germane to earthenware vessels. The above-quoted passage states: Anything on which part of a carcass falls will become tamei. An oven or stove should be destroyed, because they are tamei, and when you use them, they will be tamei.

The ovens of the era of the Torah and Chazal were made of earthenware. Their shape was somewhat similar to a large donut, meaning they were completely open on top and bottom. The open bottom was placed over a hollow in the ground, and then the outside of the oven was lined with mud or clay to insulate it well. Fuel was placed inside the oven and kindled by means of an opening in the side. The food being cooked or baked was placed inside either through this opening or from on top. When they were used this way as ovens, the open top was covered, usually with a piece of earthenware. When these ovens were used as stoves, the pots of food were placed on the open top.

My reasons for explaining these facts is not as an archaeologist, but so that we can understand better both the pasuk of the Torah and the halachah. Although ovens and stoves were made of earthenware, the Torah mentions them under a different heading. This is because other earthenware vessels become tamei only when they have a beis kibul, a receptacle. Following this definition, earthenware ovens and stoves should not become tamei, since they have no bottom. The Torah teaches that ovens and stoves are susceptible to tumah, and have the rules of other earthenware vessels, notwithstanding the fact that they have no beis kibul.

There are halachic ramifications of this distinction, but we will not discuss that in this article. The intrepid reader is referred to a halachic discussion in Ohalos 12:1, and the commentaries thereon.

Conclusion

This article has served as an introduction to some of the basic rules of tumah and taharah, particularly as they relate to utensils. We hope and pray to be able to observe all of these laws soon.

* This translation follows Malbim.

** With the exception of the koach, our translation follows Rashi’s commentary.

*** Most commentators identify this either with the chameleon or with the monitor, both of which are varieties of lizard.

Of Umbrellas, Trees and Other Kohen Concerns

Question #1: Does tumah spread under umbrellas?

Question #2: The exit off the highway I take to work borders on a non-Jewish cemetery, and there are trees overhanging the road. One of the fellows I carpool with is a kohen, but he is not bothered about this issue. Even though I am not a kohen, should I be concerned?

INTRODUCTION

Parshas Chukas discusses tumas meis, the spiritual defilement that results from contact with a corpse or other human remains. When the parah adumah is restored and we endeavor to keep ourselves tahor whenever possible, Jews will be more mindful of how tumah spreads. In that era, every Jew will be careful to be tahor when separating challah and terumah, eating maaser sheini and korbanos, and entering the Beis HaMikdash, all of which should be performed only when tahor. (Unfortunately, today we separate challah, terumah and maaser sheni when we are tamei because we have no other option.) For these and many other reasons, the laws of tumah and taharah will then affect everyone.

In the interim, the laws of tumas meis do not directly concern most people, but they certainly affect kohanim, since the Torah prohibits them from contracting tumas meis. Nevertheless, every Jew should be familiar with these halachos since a knowledgeable non-kohen can often prevent a kohen from becoming tamei, as we will soon see. Furthermore, a non-kohen may not cause a kohen to become tamei.

SOME BASIC LAWS OF TUMAH

A person can become tamei meis in three different ways: 1) maga (touching), 2) masa (carrying or moving, even if one does not touch the remains), and 3) being under the same ohel (roof). A kohen is prohibited from becoming tamei meis by any of these methods and therefore he may not touch, move, or be in the same ohel as human remains. (There are two exceptions when a kohen must become tamei: either to a close relative, or to a meis mitzvah, the corpse of a Jew that has no one else to take care of it.)

DO REMAINS OF A NON-JEW CONVEY TUMAH?

The remains of a gentile convey tumas meis if they are touched or carried. There is a dispute whether these remains convey tumas ohel, and the Shulchan Aruch rules that it is proper to be careful (Yoreh Deah 372:2). Therefore, a kohen should not enter a room containing the remains of a non-Jew. This last halacha affects kohanim entering hospitals when it is not a life threatening emergency, and visiting museums which may have human remains. (My experience is that most museums contain some form of tumas meis.)

AN OHEL IS NOT JUST A TENT

Although the word ohel also means “tent,” or “roof,”  tumas ohel has much broader connotations and  is conveyed via almost any cover or overhang at least a tefach wide (about three inches) [Ohalos 3:7]. Therefore, a protrusion, overhang, umbrella, or branch with this width is an ohel; if it is over a grave or corpse, it conveys tumah to anyone standing anywhere underneath.

NARROW BRANCHES

Many authorities contend that an ohel that is a tefach wide at one point spreads tumah under its entirety, even under a narrower part (Rambam, Tumas Meis 12:6; 18:1; cf. the Rosh’s commentary to Ohalos 15:10, who disagrees). According to this approach, a tree branch that is a tefach-wide at one point continues to be an ohel when it narrows and can thus spread tumah rather extensively. Some contend that this is true only when the branch or protrusion is a tefach-wide for a majority of its length (Aruch HaShulchan, Yoreh Deah 371:25; the Tosafos Yom Tov seems to disagree.), whereas others maintain that it becomes an ohel only if the tumah is located beneath its tefach-wide section (Sidrei Taharos, Ohalos 12:6).

CONNECTING OHEL AREAS

Tumas ohel spreads from one ohel area to any other ohel that overlaps or connects even if the different ohel “roofs” are of very different heights. Therefore, a series of overlapping or connecting roofs, ledges, caves, umbrellas, tree branches, or even people, can create a continuous ohel that transfers tumah for great distances. Indeed, what appears to be separate buildings or structures may be one large ohel connected by open doors and windows (under certain circumstances, even through closed ones), ledges or tunnels, and tumah in one building may spread across an entire complex of buildings. This is particularly common in hospitals, museums, shopping malls, university campuses and airport terminals where remains in one part of the building, or even on an airplane connected to the terminal through a jetway, may spread tumah throughout the entire facility.

Another example of this principle is that if human remains are transported into an airport terminal or medical facility that connects to a subway station, tumah spreads throughout the entire subway system and prohibits any kohen from remaining anywhere in the subway, since the entire system qualifies as one large ohel. Therefore someone dying in a Bronx subway station contaminates a kohen awaiting his commuter train in Penn Station!

KEEP YOUR DISTANCE

The human body can also function as an ohel that conveys tumah. For this reason, a person leaning out of a window over a corpse or grave becomes an ohel that transfers tumah into the house (Ohalos 11:4). Similarly, people crowded around a corpse or a grave can create a continuous ohel that transfers tumah to anyone who touches them. Because of this, a kohen attending a funeral should keep his distance from the crowd.

In the same vein, when a crowd of people escort a meis on a rainy day, one person whose body is partly above the casket spreads tumah via his body to the area under an umbrella, and then the tumah spreads throughout the crowd from umbrella to overlapping umbrella. Some authorities contend that a kohen must distance himself four amos (about seven feet) away from the umbrella nearest him.

I once attended a funeral in a yeshiva beis hamedrash where the tumas meis spread through an open door under the building’s awning, under umbrellas outside, and then from umbrella to umbrella for a very extended area. The tumah eventually reached an area where many kohanim had gone to avoid becoming tamei, but they were completely unaware that they had violated a Torah prohibition! All this could and should have been avoided with a little foresight and planning, such as arranging an assembly area for kohanim distant enough to keep them tahor. A well-educated yisroel could have resolved the unfortunate problem. Since many people have told me that this is not an uncommon problem, I advise that funerals be arranged for sunny days!

TREES

As we saw above, a kohen must be careful not to pass beneath a tree branch that also overshadows a grave. It is common to find large trees overhanging a cemetery and a section of roadway at the same time. As I pointed out, even if the cemetery is not Jewish the Shulchan Aruch advises that a kohen should avoid defiling himself in the ohel of a non-Jew. It is certainly a problem if the cemetery is Jewish. If this case affects you, I suggest asking a shaylah what to do.

Also, it often happens that one side or one lane of a road passes under trees that overhang a cemetery while the other side or lanes do not. Sometimes, while driving down a city street, a kohen suddenly realizes that the street ahead passes alongside a cemetery and that there are trees overhanging the roadway. Obviously, he should not swerve suddenly and endanger people in order to avoid defiling his kedusha; however, people should prevent this situation by notifying kohanim that the road is problematic.

LEAVES OR ONLY BRANCHES?

Although several places in the Mishnah and Gemara (Bava Basra 27b; Negaim 13:7; Kiddushin 33b) assume that tumas meis spreads underneath trees, the authorities dispute whether leaves and twigs create an ohel, or only branches. Some poskim contend that leaves and twigs rarely become an ohel; others make a distinction between sturdy ones that can bear weight and those that cannot; others distinguish between large leaves and small ones; and still others discriminate between leaves of deciduous trees and those of evergreens that have leaves all year round (see Sukkah 13b; Rambam, Tumas Meis 13:3).

DATELINE: LVOV, POLAND, ROSH HASHANAH, 1620

The halachic questions raised above became mired in controversy in 17th Century Lvov (more commonly known to Jews as Lemberg), Poland. (Because of the extensive shift of international borders at the end of World War II, this city is now located in the Ukraine.)

On Rosh Hashanah 5381 (corresponding to September 1620), Lvov’s new rav, Rav Yaakov Kopel Katz, noticed that people were walking into a nearby forested area. Rav Katz noticed that the dense foliage under which people were relaxing continued until the local cemetery. Rav Katz prohibited kohanim from entering this area, contending that tumah from the cemetery spread under the tree canopy, contaminating the entire area. Thus, he felt that kohanim relaxing in this area were violating the Torah prohibition of contracting tumas meis.

The townspeople claimed that the Drisha, possibly the greatest posek of his generation, who had himself been a kohen, had walked and sat under these same trees when he had served as Rav of Lvov only a few years before. Rav Katz countered that at the time of the Drisha, the tree canopy must not have extended so far, and the areas he walked under were not connected to the cemetery.

What exactly was the question? Apparently, the trees in question did not have wide branches, but did have dense foliage comprised of small leaves that touched together, leaving no space between them. Rav Katz held that even twigs and leaves not strong enough to support any weight can still combine to form an ohel. He also held that although plants that die in the winter are not significant enough to be an ohel, the deciduous leaves of trees that survive from year to year do qualify as an ohel.

Rav Katz wrote an extensive responsum outlining his halachic concerns and sent it to a different kohen in Lvov, a talmid chacham named Rav Avraham Rapaport. Rav Rapaport disagreed with Rav Katz and penned his own correspondence wherein he maintained that these trees did not spread tumah. Rav Rapaport contended that twigs and leaves form an ohel only when they fulfill the following conditions:

  1. They are strong enough to bear the weight of a layer of plaster applied to them.
  2. Each leaf is itself the size of a square tefach, approximately three inches by three inches. He maintained that one does combine different leaves and/or twigs to form an ohel, even if there is no space between them at all.
  3. The leaves are evergreen (see also Gesher HaChayim pg. 87).

According to Rav Rapaport, the Drisha might indeed have been relaxing under the same foliage that still existed in 1620! (Of course, we will never know.)

Rav Rapaport then mailed the two responsa, his own and Rav Katz’s, to a third scholar, Rav Aharon Abba HaLevi, who concluded like Rav Rapaport, although for slightly variant reasons. He agreed with Rav Katz that leaves combine to form an ohel, but in addition to remaining through the winter and being strong enough to withstand the weight of a layer of plaster, he added yet another condition: They must be sturdy enough not to be blown by a typical wind (see Tosafos, Sukkah 13b).

Rav Rapaport then sent the three responsa to the gadol hador, the Tosafos Yom Tov, for his ruling on the famed trees of Lvov. The Tosafos Yom Tov sided with Rav Rapaport and Rav Aharon HaLevi that the leaves involved were not an ohel. However, the Tosafos Yom Tov held a stringent opinion concerning a related issue that none of the other scholars had addressed. He contended that if the branches are a tefach wide at any point, tumah continues to spread even when they narrow. (As I mentioned above, this is subject to a dispute between the Rambam and the Rosh. Among the later authorities, most rule like the Rambam and the Tosafos Yom Tov [Dagul MeiRevavah on Shach 371:14; Chochmas Odom; Aruch HaShulchan], whereas some rule like the Rosh [Chasam Sofer, Chullin 125a].) (Rav Rapaport printed the correspondence of the four rabbonim as a chapter in his own magnum opus, Shu”t Eisan HaEzrahi #7.)

FROM LVOV TO NORTH AMERICA

This last distinction is critical. It is very common that the branches of a mature tree are a tefach wide near the trunk although they narrow as they grow. According to Tosafos Yom Tov’s conclusion, these trees will spread tumah under their boughs even if they narrow considerably, thus spreading tumah to a considerable extent. The result is that if the branch of a tree one tefach wide at one point spreads over the graves, and this branch then extends over or under a branch from another tree, which in turn stretches over or under a branch from another tree, the tumah will continue to spread as long as each branch is a tefach wide at some point. (As mentioned above, some commentaries contend that the tumah spreads from one branch to another only when both branches are a tefach wide at the point that they cross one another.) This is because beneath each branch is an ohel, and the tumah extends from one ohel to another.

In the contemporary world, this shaylah is extremely germane due to the widespread use of large trees as urban landscape. It is very common for trees to overhang cemeteries in a way that spreads tumah onto nearby highways, streets, and sidewalks. With this information, we can now address the first question raised above: “The exit off the highway I take to work borders on a non-Jewish cemetery, and there are trees that overhang the road. One of the fellows I carpool with is a kohen, but he is not concerned about this issue. Do I need to be?”

There is indeed cause for concern. Due to technical factors such as the width of the branches and the locations of the graves, and halachic factors, one should ask one’s rav what course of action to follow in this situation.

EIGHTEENTH CENTURY

A shaylah very similar to our contemporary case involved a dispute between two mechutanim, both of them prominent rabbonim, Rav Yosef Hock and the Teshuvah Mei’ahavah, Rav Elazar Flekelis, who was the primary disciple and successor of the Noda BiYehudah. The case involved a shul adjacent to a cemetery that was used for fetuses and stillborns, whose unmarked graves convey tumas meis and tumas ohel. A tree’s branches extended over the cemetery and its branches brushed against the shul building. When the windows of the shul were open, if indeed the tree conveyed tumah, the tumah would now spread from the tree through open windows into the shul, creating a problem for kohanim. Rav Hock contended that the tree limbs did not require trimming since they were very weak and would not withstand any weight. Furthermore, it was uncertain whether the tree overhung the unmarked graves, since no one was certain exactly where the fetuses were laid to rest.

However, the Teshuvah Mei’ahavah took issue with many of the facts presented by his mechutan, contending that it was possible that the entire cemetery was already filled with graves, that the tree branches would eventually grow strong enough to bear weight, and that it is far better to accustom the community to trim the branches regularly and avoid any problem. Furthermore, he notes that it is not certain that a branch too weak to support any weight is not an ohel (Teshuvah Mei’ahavah Vol. 1 #89).

CONCLUSION

Certainly umbrellas and trees can convey tumas meis; the halacha discussion is whether thin branches, twigs, and leaves do. Thus, a tree overhanging both a cemetery and a highway provides good reason to research whether a halachic problem exists. The checking of the layout and other factors should be performed by a non-kohen who is highly knowledgeable in the laws of tumas meis.

WHY IS IT PROHIBITED FOR A KOHEN TO COME IN CONTACT WITH A MEIS?

Although it is beyond our ability to fathom the reasons for the mitzvos, we can and should attempt to glean a taste of Hashem’s mitzvos in order to grow from the experience of observing them. Thus, it behooves us to attempt to explain why the Torah bans a kohen from having contact with a meis under normal circumstances.

Rav Hirsch, in his commentary on Vayikra 21:5, provides us with a beautiful insight into this mitzvah. In most religions, fear of death and what happens afterwards are the major “selling points.” Thus, the role of the priest is most important when dealing with death. However, the Torah’s focus is how to live like a Jew—to learn Torah and perform mitzvos, and devote our energies to developing ourselves in Hashem’s image. To emphasize that the Torah is the blueprint of perfect living, the kohen, who is the nation’s teacher, is excluded from anything to do with death. The kohen’s role is to imbue us with the knowledge and enthusiasm to live!!

 

Finding a Compatible Place for an Extended Family Outing

By Jerry Kaufman

As reported to Rabbi Yirmiyohu Kaganoff

My sister and her family are coming for Yom Tov for the very first time, which has us all very excited! But, we need to figure out all the logistics of having everyone together for Yom Tov — where will everyone sleep, how to arrange sufficient seating space and chairs. After all, they have a very large family, and our two boys are accustomed to each having their own room.

And we want to make sure that the visiting family is comfortable. In truth, there have been some sticky situations in the past. Well, let me put it this way. We are frum, but we do not keep all the chumros that they do. This has created some uncomfortable situations in the past. What we realized is that to have an optimal relationship with them, we need to be very accommodating to their needs, which is sometimes complicated since we are not always certain what their needs are. And to complicate matters, we have discovered that they don’t trust the opinions of our rabbi. But they are really wonderful people, and in addition, mishpacha is mishpacha!

We already know that when they come we should make sure to have plenty of cholov yisroel products available and to double check what hechsherim they accept. And we know that they will not use the eruv, which our rabbi uses himself. So, I guess, to each his own. But I want to make sure that they are comfortable; we really want to have a nice Yom Tov together, and so do they.

Since they have never been here for such an extended stay, we would really like to show them the sites of town. Our city is blessed with many really nice museums, many of them extremely child friendly. Hopefully, these will help make the Yom Tov memorable for all.

But one second. My brother-in-law Muttie is a kohen, and has told me that he is very careful about checking museums before he goes. It would be really nice if I can figure out in advance which museums he can visit so that we can plan the Chol HaMoed itinerary.

But maybe we can take his under-bar-mitzvah boys to the Children’s Museum without any concern? I am going to call the rabbi. After all, he is also a kohen.

I reached Rabbi Katz on the first try. He told me that the prohibition of making a kohen tamei also applies to a kohen who is too young to be obligated in mitzvos. An adult Yisroel may not bring a child or baby who is a kohen into a place where he would become tamei meis, such as a cemetery or funeral home. He told me that some kohanim are extremely careful not to visit people in hospitals even in places where most of the patients are not Jewish – not that we are planning any hospital visits during this Yom Tov.

While on the phone, I asked Rabbi Katz if there was any problem with a kohen going to a museum. He answered me that he himself goes, but he knows of kohanim who refrain from going. I asked him what the issue was, to which he responded that he would check it out and call me back.

Rabbi Katz telephoned a day later, having spoken to the city’s av beis din, Rav Gross. The senior rabbi had explained that there is a dispute whether a kohen may enter a museum in which there are human remains inside a glass enclosed display area. He explained that whereas Jewish remains certainly convey tumah whether they are touched, carried or in the same room as a person; and sometimes even if they are in the same building, it is disputed whether gentile remains convey tumah when they are in the same room if they are not touched or carried.

Rabbi Katz explained that the tumah that spreads throughout a room or building is called tumas ohel. This does not affect non-Kohanim today, since everyone is tamei anyway, and to remove this tumah requires ashes of the parah adumah. However, a kohen must be careful not to enter the same ohel as Jewish remains.

However, whereas the remains of a non-Jew convey tumas meis if they are touched or carried, there is a dispute whether they convey tumas ohel, that is, the tumah that spreads through a room or building. The halacha is that one should try to be careful and, therefore, a kohen should not enter a building containing the remains of a non-Jew.

When a museum contains parts of human bodies, we do not usually know whether these are from Jewish bodies or not, and we may assume that since most of the world is not Jewish, that they are from non-Jews. In addition, the remains in a museum are usually inside glass displays that can be opened when necessary. Some authorities contend that this glass enclosure is halachically equivalent to having the remains in a different room; in their opinion a kohen may enter a museum (see Shu”t Maharsham #215).

Thus, Rav Gross had concluded that a kohen wanting to visit a museum where all the remains are inside display cases has a basis to be lenient because of these two reasons.

Although I was glad to discover that my kohen friends who attend museums have a basis, I realized that Muttie would probably not accept the lenient approach. I remembered a time that we were visiting them and they had taken us to a neighborhood children’s museum with many “hands-on” science exhibits perfect for children. Upon turning a corner of the museum, we discovered an area described as an “Indian Burial Ground,” complete with bones for realistic affect. Assuming that the bones were artificial, Muttie had casually asked the receptionist, “Are these bones authentic?”

The receptionist answered, “Actually, they are not. They are probably not Indian bones, but acquired elsewhere.” Upon hearing this information, Muttie bee-lined an abrupt exit from the museum. Indeed, they were not authentic Indian bones, but they were authentic human bones! Unquestionably, Muttie is concerned about human bones even when they are probably of a gentile. I was also fairly certain that Muttie would not rely on the fact that the remains are inside a glass display.

At this point, I remembered a cute little theater that runs actual Shakespeare plays. What could be wrong with Shakespeare? Until I inquired, and discovered that one of the props for Hamlet is a real skull! I had just about given up on this idea, when I mentioned it to Rabbi Katz. He commented: “Check it out. I remember once discovering that these skulls are not complete, and that there is a halacha that a damaged skull does not convey tumah throughout a building.”

Off I went, to check Hamlet’s skull. Much to my surprise, they were willing to show me the actual skull that they used, although they told me that they have no crossbones. Sure enough, I discovered that the top of the skull had been replaced with a metal plate. I am no Torah scholar, and had no idea whether this would be acceptable.

I called Rav Gross, the city’s av beis din, myself and described to him the Shakespearian skull, explaining the family situation so that he would realize that I was not hunting for a lenient opinion. He told me that there was no kohen issue. “If one removes enough of an area of a skull that a live person would not be able to survive, the partial skull remaining no longer spreads tumah unless it is touched or carried. The subsequent repair with a metal plate does not cause the skull to spread tumas ohel, although it would spread tumas ohel if the removed skullcap was in the same room.”

Since I did not envision Muttie or his sons joining the cast of Hamlet, it seemed that we would be able to take them to the Shakespeare Theater as a special activity for Chol HaMoed. I thanked Rav Gross for sharing his scholarship with me, at which point he made the following observation:

“Are you sure that this is the type of entertainment that your brother-in-law and his children would appreciate?”

Admittedly, this question had not even occurred to me. What could be risqué about Shakespeare? But then again, Muttie’s priorities in education are very different from mine. I am not sure if this is the type of Chol HaMoed outing that he would consider memorable.

So I resigned myself to try to verify if any of our museums are kosher for kohanim. I asked the local Vaad Ha’Ir if they have ever researched the museums. They told me that although it is a good idea, they have never done so, but would be very eager to follow up on whatever I discover.

I called the information desk at the children’s science museum, and explained that I have company from out of town who are unable to visit the museum if it contains any human remains. I realized that they must have thought I was absolutely bonkers! I can just imagine the conversation that transpired among the receptionists on their lunch break!

Although the information desk notified me that there were no human remains to be had anywhere in the museum, I did not get any sense that they took me seriously and decided that I would have to take a trip there to check it out myself.

I decided the best way to handle the situation was to call Muttie directly, and try to get direction from him what the parameters are.

I received quite an education from Muttie. If I can paraphrase what he told me: “A close friend of mine, who is not a kohen, often visits museums to verify whether a kohen may enter. Among the most common remains he finds are mummies, human bones, skeletons, and preserved fetuses, but occasionally he has discovered preserved human organs or entire cadavers. One museum had an empty stone casket that had been found in Eretz Yisroel with an obvious Jewish name on it. Since the supports of a grave are also sometimes tamei, we had a shaylah whether this contaminates the entire museum.

“Often displays of these items are not inside glass-enclosed areas, which increases the halachic concerns. For example, he has discovered on the shelves of museums such artifacts as Aztec musical instruments carved from the femurs of captured prisoners as well as bowls hollowed out from skulls. By the way, Muttie noted, these bowls pose a problem only if the kohen touches them or picks them up – boy, was he impressed when I told him why!

“During one visit, he noticed a display of a giant, which he assumed was a mannequin, but on closer inspection turned out to be a giant whose remains had been preserved in formaldehyde!”

Muttie’s friend feels that a kohen who would like to visit a particular museum should first have a knowledgeable non-kohen carefully research the entire museum. From first-hand experience, he can attest that one should not rely on the information desk personnel – they are often uninformed of what the museum owns. In one instance, the information desk insisted that a museum displaying ossuaries containing human bones had absolutely no human remains!

“The curators also often make mistakes. In one museum, there was a skull on display, which we asked the curator whether it was real. She told us that she knows that the museum purchased it from a supplier who sells only replicas and not real skulls or skeletons. I asked her if there was any way that one could look at a skull and tell if it was real. She responded that you can usually tell by making a very careful inspection of its teeth. To demonstrate the difference between the replica and a real skull, she opened the display to show him – and discovered, much to her surprise, that the skull was real! It turned out that the museum had purchased it at a time that the supplier sold real specimens!

“Lesson to learn: Be careful, and ask lots of probing questions.”

Muttie then told me an interesting bit of information. “When approaching a museum, one should ask if it contains any remains that fall under the NAGPRA act, the Native American Graves Protection and Repatriation Act. This was a law passed by Congress requiring many institutions to return Native American cultural items and human remains to their respective peoples. Under one provision of this law, these institutions are required to catalog all Native American burial items and religious artifacts in their collections in order to identify the living heirs, culturally affiliated Indian tribes, and Native Hawaiian organizations of remains and artifacts.

“Someone trying to find out whether a museum contains tamei remains can easily begin his conversation with the curator or collection manager by mentioning NAGPRA. Since they are familiar with the requirements of this law, the subject of human remains and their cataloging in the museum’s collections are no longer so strange to them. One can use this as an entrée to discuss what a kohen is and what our halachic concerns are. I have found that the curators are usually very helpful; however, one must ask very specifically about each type of item, such as skeletons, skulls, bones, preserved organs, and mummies, since they are not thinking about tumah but about science.

“Furthermore, sometimes the curators themselves do not know what the museum has in storage. Here one often gets into very interesting halachic questions that one needs to discuss with a first-line posek. For example, while looking at one museum, someone discovered that a different floor of the building contained drawers filled with all sorts of human artifacts.

“By the way,” Muttie noted, “there are other things to be concerned of in museums even if one is not a kohen. Many museums contain actual idols that constitute real avodah zarah. The question arises whether one may even look at them.”

At this point, my brother-in-law educated me by pointing out that when the Torah states al tifnu el elilim, do not turn to idols (VaYikra 19:4), the prohibition includes looking at idols (Yerushalmi, Avodah Zarah 3:1; Rambam, Hilchos Avodah Zarah 2:2; Sefer HaMitzvos, Lo Saaseh #10; Chinuch #213). The Magen Avraham (307:23) explains that the Torah prohibits only gazing at an idol, but does not prohibit glancing at it. Therefore, seeing it is not prohibited, but intentionally looking at it is. Thus, one must be wary of this prohibition when visiting a museum that may include icons, statues, and images.

While I was contemplating the last fact, Muttie called me back to our original topic with the following comment: “Jerry, do you know what kind of massive undertaking this is? The reason I rarely take the family to museums is that I am always uncertain what they contain, and I know how difficult it is to really determine what they have – the curators themselves often don’t know.

“I must tell you. I am so appreciative of your putting this effort into making sure we have a nice time. But you have to work and make Yom Tov. Besides, my kids are not oriented towards museum visits — they spend most of their time in Yeshiva, and they much prefer spending time playing ball and running around in the park. I am sure your wonderful boys have nice friends and the cousins and the friends can play some ball. For my kids that will be seventh heaven – and something much more memorable.”

I must admit that it had not even occurred to me that the cousins would enjoy just playing ball together. Indeed we had an absolutely wonderful Yom Tov that the cousins will all remember for years to come! And I left to someone else to research whether the local museums are kohen-appropriate. Are you interested in working on this project on behalf of klal Yisroel?

Should a Kohen Be Afraid of Confederate Ghosts?

clip_image002When Yaakov Avinu asks his sons not to bury him in Egypt, Rashi notes three reasons for this request:

(1) The earth of Egypt would turn to lice during the Ten Plagues.

(2) To avoid the suffering of rolling to Eretz Yisroel at the time of techiyas hameisim.

(3) To prevent the Egyptians from making him into an idol.

On the other hand, although Yosef and his brothers undoubtedly had the same motives to be buried in Eretz Yisroel, they could not arrange their immediate burials there and were interred in Egypt until the Jews left. This is a classic example of the exhumation and reburial of meisim (human remains).

Our article will discuss a case where meisim were supposed to have been reburied, but apparently were not, creating a number of halachic concerns.

THE HISTORICAL BACKGROUND

In a major metropolis, one section of the city included a large cemetery. About 140 years ago, this cemetery was closed to new burials and later, many of its graves were exhumed. Subsequently, the city constructed residential and commercial areas, city streets, a major park, a zoo, and museums atop the seventy-two acres of the cemetery.

Here is the historical background: In 5603/1843, the city designated a sixty acre area as a cemetery and three years later, a Jewish organization paid $45 to purchase part of this land as its own cemetery. Four years later, in 5610/1850, the city purchased an adjacent area of twelve more acres to expand the cemetery, so that it now encompassed 72 acres.

However, in the late 1850’s, a prominent physician requested that the cemetery be closed because of concern that it was too close to the city’s water supply and that it might spread disease. Until that point, this cemetery was the only authorized one in the city, and included a large “potters’ field,” or area for burying the destitute and the unidentified.

Two years later, an area immediately north of the cemetery was set aside as a park. During this time, the city gradually ceased using the cemetery. However, since the area was near a large prisoner-of-war camp housing captured Confederate soldiers, an estimated 4,000 Confederates who died in custody were interred in the cemetery’s potters’ field. At one time, the cemetery held an estimated 35,000 graves, including the resting place for those who made the ultimate sacrifice for the Confederacy.

In 5626/1866 the cemetery was officially closed, partly due to the physician’s health concerns. By now, the Civil War was over and the surviving Confederate captives had been repatriated. The city officially decided to move the remains buried in this cemetery to other locations. Over the next thirty years there are numerous scattered reports of moving the graves to new locations. Despite attempts to remove graves, a conservative speculation is that the majority of the remains were never removed.

Fast forward to the modern era: In 5722/1962, workers digging a foundation for the zoo’s new barn discovered a skeleton and a casket. They reburied the casket in situ and poured the foundation right on top. During 5758/1998, workers constructing a parking lot in the area discovered 81 skeletons and an iron casket containing a cadaver. There are at least nineteen more reports of human bones found in the disused cemetery’s location.

Thus, the shaylah is whether a Kohen may walk through the streets and businesses of this old-time burial ground.

Steve Katz lives and works in this city and is well aware of the history of this park and its environs. His boss assigns him to attend a business meeting at a hotel that is located in the area that was originally the cemetery. Since Steve is a Kohen, may he attend the meeting? If he cannot, how will he explain this to his gentile employer?

Steve made an appointment to discuss the problem with his Rav, whom he knows will explain to him all the aspects of the shaylah.

WILL THE TUMAH RISE FROM THE GROUND?

Rav Goldberg begins by explaining some of the halachic background. When human remains are buried, under most circumstances the tumah rises directly above and contaminates the area above it. If a building is constructed directly above a grave, tumah may spread throughout that building, although sometimes it may spread only through the bottom floor and possibly only into the room constructed directly above the grave. We will have to leave for another time the discussion as to what factors affect how far tumah will spread through the structure.

If there is no building, tree or overhang over the gravesite, one becomes tamei only if one walks or stands directly above the gravesite.

SAFEK TUMAH BIRSHUS HARABIM

“However, the specific situation that you are asking about may be more lenient,” explains the Rav, “because of a concept called safek tumah birshus harabim, sefeiko tahor, which means, literally, that if there is doubt about whether something in a public area became tamei, the halacha is that it remains tahor (see Nazir 57a). Notwithstanding our usual assumption that safek de’oraysa lechumra, we rule strictly on doubts concerning Torah prohibitions, we rule leniently concerning a doubt of matters of tumah when the question occurred in a “public” area, a term we will define shortly.

There is also an inverse principle that safek tumah birshus hayachid, sefeiko tamei, which means that if there is doubt whether someone or something contracted tumah when they were in a private area, they are considered tamei.

WHAT IS PUBLIC?

For the purposes of these two principles, “public” is defined as an area to which at least three people have ready access, and “private” means a place that is accessible to less than three people. Thus, someone who discovers that he may have become tamei while walking down the street remains tahor. However, if he discovers that he may have become tamei while he was in a private area he is tamei. (All of these laws are derived from pesukim.)

“I know that there is more to explain,” interjects Steve, “but it would appear that one could have a situation in which one may enter a building, but one may not use the bathrooms, have a private office, or have a private interview.”

“It is certainly true,” responded the sage, “that someone entering a public building and discovering that he may have become tamei while there, would remain tahor, whereas if he entered a similar private area, he would be considered tamei. However, there are other factors to consider before we reach a definitive ruling.”

MAY THE KOHEN ENTER?

At this point, Steve raised a sophisticated point:

“I understand that someone who entered this area would afterwards be considered tahor. But may I enter the area knowing that I may be contaminating my kehunah?”

The Rav explained: “You are asking whether a Kohen may lichatchilah rely on the principle of safek tumah birshus harabim, or whether this principle is applied only after the fact. In general, one must be stringent when there is concern that one may be violating a Torah prohibition, and it is prohibited min hatorah for a Kohen to contact tumah from a meis. Thus, one could assume that a Kohen should not enter an area where there is a possibility of tumah. However, many authorities rule leniently when dealing with a safek tumah birshus harabim. They contend that the Torah only prohibited a Kohen from becoming tamei, but not from entering a situation where he will be ruled as tahor (Tosafos, Kesubos 28b s.v. Beis; Shu”t Rashba #83; Binas Odom, Klal 157; Pischei Teshuvah 369:4, quoting Shu”t Chasam Sofer, Yoreh Deah; Minchas Chinuch 263:13 s.v. Vehinei). Thus, a Kohen could enter any publicly available area, including an office or residential building constructed over the city’s defunct cemetery. However, he could not enter an area restricted to less than three people.

“Others contend that since the Torah prohibits a Kohen from being in contact with a meis, he is similarly prohibited, because of safek de’oraysah lechumra, to be in a place where he might be exposed to a meis” (Tzelach, Berachos 19b; Achiezer 3:1:1, 3:65:7; Kovetz Shiurim; Teshuvos VeHanhagos).

STATUS QUO

Steve raised another point:

“In fact, we know that this area was once a cemetery, and we are fairly certain that not all the graves were exhumed. Does this make matters worse?”

“You are raising a very insightful question. Even assuming that a Kohen can rely on the principle of safek tumah bireshus harabim, this principle might not apply here since we know that this area was once a cemetery, and we are fairly certain that some graves remain. Thus we have a chazakah, status quo, that the area was once tamei meis, and we are uncertain whether the tumah was removed. In such a situation, perhaps the principle of safek tumah birshus harabim does not apply, since this rule may apply only where there is no status quo. (In Mikvaos 2:2, this seems to be the subject of a dispute between Tannayim. See also Tosafos, Niddah 2a s.v. Vehillel.)

“Nevertheless, in our particular case, we have some basis to be lenient. Although this entire area was once set aside as a cemetery, it is very unlikely that it became filled wall-to-wall with graves, and also, only the places directly above the graves were tamei. Thus, any place within the cemetery was tamei because of doubt, not because of certainty.

JEWISH VERSUS NON-JEWISH GRAVES

“There is another reason to permit entering the hotel for your meeting. People who researched the area have ascertained the exact location of the original Jewish cemetery, which is now the location of the ball fields of a local park. Thus, although I would advise you and your sons not to play ball on those particular diamonds, we can be more lenient regarding entering the hotel constructed in the area, as I will explain.”

Steve replied: “But how can we be certain that no Jews were ever buried in the non-Jewish cemetery. There definitely were some Jewish soldiers in the Confederate army, and it is likely that some Jews were buried in the non-Jewish cemetery or in the potters’ field.”

His Rav replied: “You are correct that some Jews were probably buried in the non-Jewish parts of the cemetery. Nevertheless, since we do not know this for certain, we may work with the assumption that there are no Jews there.”

“But even a non-Jewish body conveys tumah, so I still have a problem.”

“This depends on whether remains of a gentile convey tumas ohel, that is by being under the same being under the roof, cover, or overhang that is at least three inches (a tefach) wide.

DO THE REMAINS OF A NON-JEW CONVEY TUMAH?

“Although virtually all authorities agree that remains of a non-Jew convey tumah through touching and carrying, the Gemara cites the opinion of Rabbi Shimon that remains of a non-Jew do not convey tumas ohel (Yevamos 61a). The Rishonim dispute whether this position is held universally, and, in addition, whether this is the way we rule. It appears that most Rishonim conclude that a Kohen may enter a room containing the remains of a gentile because they follow Rabbi Shimon’s position. Others contend that we do not follow Rabbi Shimon’s position and that tumah of a gentile does spread through ohel. The Shulchan Aruch considers the question as unresolved and advises a Kohen not to walk over the graves of non-Jews (Yoreh Deah 372:2).”

At this point, Steve commented. “It seems from what you are saying that it is not a good idea for a Kohen to enter buildings in this area, but one may enter if there is a pressing reason” (see Shu”t Avnei Nezer, Yoreh Deah #470).

The Rav responded: “This is the conclusion of many authorities. Some are even more lenient. One famous responsum permits a Kohen to enter a field that he purchased without realizing that it contained an unmarked gentile cemetery. The author permits this by combining two different leniencies, each of which is somewhat questionable. One leniency is that perhaps a gentile does not spread tumah through ohel, and the other leniency is that some early authorities contend that once a Kohen becomes tamei, he is not forbidden from making himself tamei again (Raavad, Hil. Nezirus 5:15, as explained by Mishneh LaMelech, Hil. Aveil 3:1). Although we do not rule like this last opinion, the Avnei Nezer contends that one can combine both of these ideas to permit the Kohen who purchased this field without realizing the problem to utilize his purchase (Shu”t Avnei Nezer, Yoreh Deah #466).”

“This case of the Avnei Nezer sounds like a much more difficult situation in which to rule leniently than mine,” noted Steve. “After all, in his case there was no attempt to clear out the cemetery.”

“You are correct. For this reason, I would certainly not find fault with someone who chose to be lenient and indiscriminately enter the area that was only a gentile cemetery, relying on the ruling that gentile remains do not contaminate through ohel, and on the principle of safek tumah birshus harabim.”

“It still seems that one should avoid the ball fields that are located right over the old Jewish cemetery.”

“I would certainly advise this,” closed the Rabbi.

So Steve does not need to explain to his boss that he cannot attend business meetings at the hotel because of lost Confederate ghosts.

Although there may be little reason to panic over such issues, as we have discussed, one should be aware that it is not infrequent to discover old cemeteries beneath modern cities. Cemeteries, particularly Jewish ones, were always consecrated on sites outside the city limits in order to avoid the obvious problems of tumah affecting kohanim. Unfortunately, when Jews were exiled, the whereabouts of many cemeteries became forgotten, and in addition, as cities expand, they include areas that were originally outside the city’s limits that often include earlier cemeteries. Thus, these problems will continue to prevail. In each case, a posek must be consulted to find out whether, and to what extent, a Kohen need be concerned.

WHY IS IT PROHIBITED FOR A KOHEN TO COME IN CONTACT WITH A MEIS?

It is beyond our understanding to explain why Hashem commanded us to keep each specific mitzvah. However, we can and should attempt to glean a taste of Hashem’s mitzvos in order to appreciate and grow from the experience, including understanding why the Torah bans a Kohen from having contact with a meis under normal circumstances.

Rav Hirsch, in his commentary on Vayikra 21:5, provides a beautiful educational insight into this mitzvah. In most religions, fear of death is a major “selling point” of the religion. Thus, the role of the priest is most important when dealing with the dying and the dead.

However, Torah emphasizes how to live like a Jew — to study Torah, perform the mitzvos, and develop ourselves in Hashem’s image. To emphasize that Hashem provided us with the blueprint for perfect living, the Torah excludes the Kohen, who is the nation’s teacher, from involvement with death. Thus, the Kohen’s role is to imbue us with the knowledge and enthusiasm to truly live!

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