יורה דעה שס״טYoreh De'ah 369

Se’if 1א׳

הַכֹּהֵן מֻזְהָר שֶׁלֹּא לִטָּמֵא בְּמֵת, וְלֹא לְכָל טֻמְאוֹת הַפּוֹרְשׁוֹת מִמֶּנּוּ, וְלֹא לְגוֹלָל, וְלֹא לְדוֹפֵק, וְלֹא לְאֵבֶר מִן הַחַי שֶׁאֵין בּוֹ כְּדֵי לְהַעֲלוֹת אֲרוּכָה אִם הָיָה מְחֻבָּר, וְלֹא לְאִילָן הַמֵּסֵךְ עַל הָאָרֶץ וַעֲנָפָיו מֻבְדָּלִים זֶה מִזֶּה וְטֻמְאָה תַּחַת אֶחָד מֵהֶן וְאֵין יָדוּעַ תַּחַת אֵיזֶה, אוֹ אֲבָנִים הַיּוֹצְאִים מֵהַגָּדֵר וְטֻמְאָה תַּחַת אֶחָד מֵהֶם וְאֵין יָדוּעַ תַּחַת אֵיזֶה, וְכֵן שָׂדֶה שֶׁנֶּחֱרַשׁ בּוֹ קֶבֶר וְאֵין יָדוּעַ מְקוֹמוֹ וְכָל אֶרֶץ הָעַמִּים, אָסוּר לְכֹהֵן לִטָּמֵא בָּהֶן. הַגָּה: יֵשׁ אוֹמְרִים דְּכֹהֲנִים אֲסוּרִים לִטָּמֵא לְחֶרֶב שֶׁנִּטְמָא בְּמֵת (כָּל בּוֹ בְּשֵׁם סֵפֶר יְרֵאִים ותשו' רַשְׁבָּ"א בְּשֵׁם רַבּוֹתֵינוּ הַצָרְפָתִים), וְיֵשׁ מְקִלִּין (תְּשׁוּבַת רַשְׁבָּ"א שָׁם בְּשֵׁם הָרַאֲבַ"ד וְעַיֵּן בתוס' דְּנָזִיר בַּאֲרִיכוּת), וְכֵן נָהֲגוּ לְהָקֵל וְאֵין נִזְהָרִין מִזֶּה.

The Kohen1 Glos. is cautioned not to defile himself for a corpse,2The Kohen stands cautioned with respect to defilement for the dead as is written: ‘There shall non defile himself for the dead among his people’ (Lev. XXI, 1). An abortion defiles through contact (i.e., to become unclean when touching uncleanness), carriage (i.e., to become unclean when carrying uncleanness) and overshadowing (i.e., levitical uncleanness arising from being under the same shelter with, or forming a shelter over, a corpse etc.). Ohol. II, 1; VII, 4; XVIII, 7. Ohol. II, 1, where among those things which defile by overshadowing, a corpse is mentioned, which refers according to Naz. 50a to an abortion of less than the size of an olive in which the limbs were not tied together by the sinews. Hence, if a woman miscarries after forty days elapse from conception, it is forbidden for a Kohen to be present in the same house where the miscarriage takes place. Prior to the forty days it is regarded as a mere fluid. This ruling applies even if the Kohen’s wife miscarried — A.H. In the case of the uncleanness of carrion (טומאת נבלה) creeping things (טומאת שרצים) or one experiencing a seminal emission (זב, זבה). the law of the Kohen is similar to that of the Israelite. nor for all uncleannesses that emanate from him [the corpse],3E.g., blood and the like. Sifra Lev. ibid. Cf. Torah Temimah a.l. nor4The sources of defilement enumerated here are mentioned in Naz. VII, 2-3 and Gemara ibid. For some of these sources of uncleanness, the Nazirite (v. Glos.) upon contracting them had to cut his hair; for others he did not have to cut his hair. In Sem(H). IV, 12 (cf. also Tosef(Z). Mak. IV, 17) it is stated: ‘Every defilement (contracted from a corpse), for which the Nazirite must cut his hair, (a Kohen, if he defiles himself for such uncleanness) receives forty (in reality thirty-nine) lashes; and a defilement for which the Nazirite must not cut his hair, (a Kohen) does not receive forty lashes.’ This is explained (v. Be’er ha-Golah) that even in a case where a Kohen defiles himself for an uncleanness which does not involve flogging, viz., when the Nazirite is not required to crop his hair, the prohibition still stands. for a Golel,5Golel (גולל) refers to the stone that covers the corpse; Dofek (דופק), to the side stones. Rashi (Ket. 4b) explains that Golel is the cover on the coffin. The rt. is גלל which means ‘to roll,’ i.e., a stone that was too heavy to be lifted but had to be rolled into position. Gen. XXIX, 3; Prov. XXVI, 27; Ezra V, 8. Dofek is from the rt. דפק ‘to knock or strike against,’ i.e., the frame supporting the Golel. Cf. other explanations in Tur a.l. and v. J.E. XII, p. 188; Levy s.v. גולל; Krauss T.A. II, p. 488ff; Ohol. II, 9. infra § 373, 6, n. 36. nor for a Dofek,5Golel (גולל) refers to the stone that covers the corpse; Dofek (דופק), to the side stones. Rashi (Ket. 4b) explains that Golel is the cover on the coffin. The rt. is גלל which means ‘to roll,’ i.e., a stone that was too heavy to be lifted but had to be rolled into position. Gen. XXIX, 3; Prov. XXVI, 27; Ezra V, 8. Dofek is from the rt. דפק ‘to knock or strike against,’ i.e., the frame supporting the Golel. Cf. other explanations in Tur a.l. and v. J.E. XII, p. 188; Levy s.v. גולל; Krauss T.A. II, p. 488ff; Ohol. II, 9. infra § 373, 6, n. 36. nor for a limb [severed] from a living body which does not have sufficient [flesh] to produce a new healing [skin] were it attached [to the body],6Even if it is a limb severed from the Kohen’s body. Yad, Tum’ath Meth III, beg. nor for a tree which throws a shadow over the ground, the branches of which are separated from one another, and an uncleanness is under one of them and it is not known under which one,7 Ohol. VIII, 2. Although the uncleanness is doubtful, yet the Kohen is cautioned against defiling himself for it. If, however, it were known where the uncleanness is found, it would be permissible for him to stand under those parts which do not overshadow — TaZ, ShaK. [nor for] stones that protrude from a wall and an uncleanness is under one of them and it is not known under which one,7 Ohol. VIII, 2. Although the uncleanness is doubtful, yet the Kohen is cautioned against defiling himself for it. If, however, it were known where the uncleanness is found, it would be permissible for him to stand under those parts which do not overshadow — TaZ, ShaK. [nor] likewise [for] a field wherein a grave was ploughed over and its place is not known,8 Ohol. XVII, Also ‘Er. 47a. and the entire land of the heathens is forbidden for a Kohen to defile himself for them.9e., the graves which are unknown. also Ohol. XVII, This refers to the time when the soil of the Land of Israel was presumed to be clean and it was not permissible for a Kohen to go to the land of the heathens, i.e., outside the Land of Israel, for the heathens buried their dead everywhere — TaZ, ShaK. Gloss: Some say that Kohanim1 Glos. are forbidden to defile themselves for a sword10Or any other metalic object. that became unclean [through contact] with a corpse;11Kol Bo on the authority of Sefer Yere’im and RaShBA Resp. on the authority of the French Rabbis — G. and some are lenient [in this matter],12RaShBA ibid. on the authority of RABaD and Tosaf. Naz. 53b s.v. חרב — G. Those authorities who forbid hold that a Nazirite cuts his hair for this type of defilement. Hence, a Kohen too, is cautioned against it and becomes unclean through overshadowing (v. supra n. 4). Those authorities, however, who permit, maintain that a) according to Tosef. Ohol. I, a Nazirite does not cut his hair for such defilement, and b) today we are all considered to be in the category of those made unclean through contact with a corpse and since we have no ashes of the red heifer used for lustration purposes (Num. XIX), we remain in the same state of uncleanness, but do not increase it — W.G., A.H. and thus is the accepted custom [viz.,] to adopt the lenient view, and they are not careful with respect to this.13e., they may defile themselves for a sword or the like that was in contact with a corpse. A Kohen may enter a house in which there is a tombstone that was removed from a grave — Ḥokmath Adam a.o.