יורה דעה שע״אYoreh De'ah 371

Se’if 1א׳

אָסוּר לְכֹהֵן לִכָּנֵס תַּחַת אֹהֶל שֶׁהַמֵּת תַּחְתָּיו, אֲפִלּוּ הוּא גָּדוֹל הַרְבֵּה, וַאֲפִלּוּ לְבַיִת אַחֵר אוֹ לַעֲלִיָּה אַחֶרֶת, הַפְּתוּחִים לְאוֹתוֹ בַּיִת בְּנֶקֶב שֶׁיֵּשׁ בּוֹ טֶפַח עַל טֶפַח, וּבַיִת לְאוֹתוֹ בַּיִת, עַד עוֹלָם; וְאִם סָתַם הַנֶּקֶב, מֻתָּר לוֹ לִכָּנֵס לַבַּיִת הָאַחֵר, שֶׁהַסְתִימָה חוֹצֶצֶת, אֲפִלּוּ לֹא בִּטְּלוּ לִהְיוֹת שָׁם עוֹלָמִית. וְהָנֵי מִלֵּי, שֶׁסָתַם כָּל הַנֶּקֶב; אֲבָל אִם לֹא סָתַם כָּל הַנֶּקֶב, אֶלָּא מִעֲטוֹ מִטֶּפַח, אִם נְתָנוֹ לִהְיוֹת שָׁם עוֹלָמִית, מְמַעֵט וְחוֹצֵץ בִּפְנֵי הַטֻּמְאָה שֶׁלֹּא תַּעֲבֹר; וְאִם לָאו, אֵינוֹ מְמַעֵט. הַגָּה: וְכָל דָּבָר הַמְקַבֵּל טֻמְאָה אֵינוֹ חוֹצֵץ בִּפְנֵי הַטֻּמְאָה (הַגָּהַת אַלְפָסִי פֶּרֶק בְּנֵי הָעִיר ובהל' טֻמְאָה לְהָרִי"ף וְרַמְבַּ"ן וְרֹא"שׁ וּמָרְדְּכַי רֵישׁ פֶּרֶק לֹא יַחְפֹּר). וְלֹא מִקְרֵי סְתִימָה בְּחַלּוֹן, אֶלָּא אִם כֵּן יָכוֹל לַעֲמֹד בְּלֹא סְמִיכָה (ג"ז שָׁם).

A Kohen23 Glos. is forbidden to enter beneath an overshadowed space1Lit. ‘a tent.’ Uncleanness through overshadowing (טומאת אהל) takes place in one of three ways: a) when a person or a vessel or food are present together with a corpse (or an olive’s bulk from a corpse) under the same roof space. In this case another object (the roof) forms a tent over the person etc. and the corpse (דבר אחר מאהיל עליו ועל המת); b) when a corpse or an olive’s bulk from a corpse overshadow from above, a person or vessels beneath. In this case the corpse forms the tent; c) when the person is present above the corpse or the olive’s bulk from a corpse. In this case the person overshadows. Cf. Num. XIX, 14. under which there is a corpse, even if it is very large;2Meg. 26b a.e. and [he is] even [forbidden to enter] into another [adjoining] house or another [adjoining] upper storey, which open into that house by means of an opening a square handbreadth in size, and [the prohibition also applies to entering] a house [which opens] into that [latter] house ad infinitum.3 Ohol. III, 6-7 from which the following principles are derived: a) If a corpse lies in a room, whatever is within the room suffers corpse-uncleanness, and if the room has many doors or exits, even if they are closed, all objects which lie beneath the lintels of these doors or exits become unclean, because we assume that the corpse may be removed through any one of the exits, at which time the corpse and the objects will be together under the lintels, and the objects will suffer uncleanness through overshadowing (v. supra n. 1a). Hence, we regard the objects and the corpse as if they were already present under the lintels of the door or exits. But if we know through which exit the corpse will be removed, then only that particular exit suffers uncleanness, not the others. This means that that particular exit saves the objects beneath the other exits from uncleanness through overshadowing. The minimum size of such an exit must be one handbreadth square for an olive’s bulk from a corpse in the room, to prevent uncleanness from spreading to the other exits, and a minimum of four handbreadths square opening will prevent the uncleanness from spreading to the other exits in the case where an entire corpse is present in the room. The reason for the different sizes regarding the openings, depends upon the size of the uncleanness, for it is feasible to remove an olive’s bulk from a corpse through an opening one handbreadth square, and an entire corpse through an opening four handbreadths square (v. also Ohol. VII, 3); b) If there are two adjoining houses or rooms and in the intervening wall there is an opening of one handbreadth square, and in one of the houses or rooms there is a corpse or an olive’s bulk from a corpse, the uncleanness passes to the adjoining room or house in which all objects become unclean. In this case the opening need not be more than a square handbreadth in order to give passage to the uncleanness of an entire corpse; c) An object (e.g., a board) which is one handbreadth square and one handbreadth high (i.e., between the board above and the olive’s bulk from a corpse which lies beneath, there is a space of not less than one handbreadth), brings uncleanness to other objects in the same space and forms a partition against uncleanness to objects above it. But if the roof (i.e., the top of the board) is less than one handbreadth high, the uncleanness breaks through the solid matter and rises and goes down. Cf. Ohol. VI, 6; VII, 1-2; IX, 13, 14, 16; X, 6-7; XII, 6-7; XV, 1, 3, 7. ShaK states that the wife of a Kohen, who is pregnant may enter the ‘tent of a corpse’ and there is no fear that she may give birth to a male child who would then be forbidden to be present there, for a double doubt exists: a) perhaps it will be a non-viable birth to which this apprehension does not apply, or b) if it is a viable birth, perhaps it will be a female child. This point, however, is questioned on the principle that ‘a clean object that has been swallowed (in this case, the child within the mother) cannot be rendered unclean’ (טהרה בלועה) (Hul. 71a). Consequently, the following explanation of the above case is offered: We deal here with a case where the time for giving birth has already approached, and there is fear that the child might push out its head and be regarded as born and hence is not regarded as a ‘swallowed object.’ Consequently, since there is a double doubt, the pregnant wife of the Kohen may enter the ‘tent of a corpse’ — P.Tesh. Uncleanness is not conveyed through many openings which together make up one square handbreadth, e.g., in the case of trellis-work. The square handbreadth must be open in one spot for the uncleanness to pass through. Otherwise, the opening is considered stopped up (cf. Ohol. XIII, 1) — TaZ, ShaK. But if one stopped up the opening, it is permissible for him to enter the other [adjoining] house, for the closure forms a partition [against the uncleanness], even if one has not renounced ownership therein4e., in the object which serves as a closure. so that it remain there forever.5 Mishna and Gemara Shab. 157a and Tosaf. s.v. ,הלקטי קטנה. Cf. Meg. 26b. This applies only if one stops up the opening with a vessel that does not contract uncleanness (e.g., a wooden object that is not considered a vessel if it is intended merely for resting things thereon (כלי עץ העשוי לנחת) but if one stops up with foodstuffs even the entire opening, he must renounce his ownership therein — P.Tesh., R. A. Eger. This applies only if one stopped up the entire opening, but if one did not stop up the entire opening, but [only] reduced it from [the size of] a [square] handbreadth, — [the law is that] if one placed it6The object which serves as a closure. to remain there forever, it reduces [the size of the opening] and forms a partition against7Lit. ‘in the face of.’ the uncleanness so that it pass not through; and if [one did] not [place it6The object which serves as a closure. to remain there forever], it does not reduce [the size of the opening].8B.B. 20a, Tosaf. s.v. היא גופה תיחוץ. Gloss: Everything that contracts uncleanness forms not a partition against uncleanness.9Hag. Alfasi Meg. IV; Laws of Uncleanness by Alfasi; N, Asheri and Mord. B.B. II (derived from Ohol. VIII, 3) — G. Cf. Meg. 26b and B.B. 19b-20a. On the rules of uncleanness, v. Danby’s Mishna, Appendix I A closure in a window space is regarded [effective] only if it can remain [therein] without support.10Ibid. — G., derived from Ohol. VI, 2. Cf. B.B. 19b, Tosaf. s.v. רואין according to which, a) anything that requires support is considered a temporary closure, and b) the object which supports the article that stops up the opening must be something which does not contract uncleanness, despite the fact that the object itself that serves as a closure does not contract uncleanness otherwise the closure is considered an object which contracts uncleanness. R. Samson of Sens and Maim. to Ohol. VI, 2 and cf O.Ḥ § 629, 8. TaZ reports the ruling of a certain authority in the following case which he analyses and rejects: There was an uncleanness in a house adjoining a Synagogue, which passed through the [Synagogue window in the women’s section, and a ruling was given by a certain authority, that in order to form a partition against the uncleanness, the window opening should be stopped up by the curtain which served as a partition between the men’s and women’s section, and was suspended on iron hooks. TaZ opposes this ruling (v. however, Ḥid. ha-Gershuni who accepts it) and claims that it is erroneous for the following reasons: a) According to the Mishna Ohol. VIII, 1, a sheet or a mat form a partition against uncleanness only if spread out tentwise, which is not the case here, and hence, the curtain cannot form a partition against the uncleanness of the adjoining house (v. R. Samson of Sens ibid. and Yad, Tumath Meth XIII); b) The reason that the curtain cannot form a partition against the uncleanness is because the law states that vessels (in this case the curtain hooks) cannot form a partition, since the curtain without the hooks would not remain suspended. Consequently, the main items are the hooks and not the curtain (v. Yad Tumath Meth XVIII; B.B. 19b s.v. רואין this note beg.) c) A partition formed by a door or window that cannot stand without the support of metal hinges is not considered valid (although the hinges are considered as attached to the ground and do not contract uncleanness. Kel. XI, 2 and cf. Ohol. VI, 2). Hence, the same applies with respect to the curtain and the hooks. ShaK, however, rejects this. Cf. G.Mah. A closure of trellis-work in a metal door does not prevent passage of uncleanness (v. ShaK who modifies this ruling) — TaZ. It is permissible for a Kohen to travel by train, although there is a possibility that a corpse is being transported. Likewise, is it permitted for a Kohen to travel by plane, although the plane passes over burial grounds — Sh.M.B. (vol IV, p. 278-9).

Se’if 2ב׳

אֲרֻבָּה שֶׁבֵּין בַּיִת לַעֲלִיָּה וְאֵין בָּהּ פּוֹתֵחַ טֶפַח, וְכַזַּיִת מֵהַמֵּת לְמַטָּה בַּבַּיִת כְּנֶגֶד הָאֲרֻבָּה, הַבַּיִת טָהוֹר וְהָעֲלִיָּה טְמֵאָה.

A hatchway11Ohol. X, 1ff. Quite a number of laws are enumerated ibid. with respect to overshadowing in connection with hatchways, yet the present law is stated because it contains a novel ruling, viz., that it is permissible to enter the ground floor where the uncleanness is found, and not the upper storey — B.Yos. that is between a house [a ground floor] and an upper storey, and there is not in it an opening of a [square] handbreadth [in size], and an olive's bulk from a corpse is in the house directly beneath the hatchway, — [the law is that] the house [ground floor] is clean and the upper storey is unclean12For the uncleanness breaks through and rises (טומאה בוקעת ועולה v. Ohol. VI, 6), since it lies directly under the hatchway, despite the fact that the hatchway is less than a square handbreadth in size. The uncleanness does not spread to the sides of the ground floor, for it has an opening above in order to rise — ShaK. The uncleanness does not cleave downwards, back into the lower floor, since the opening is less than a square handbreadth (Asheri). And again, since there is only an olive’s bulk from a corpse in the ground floor, the law is that although the uncleanness will eventually be removed through the door opening, the ground floor does not become unclean now, because the uncleanness which rose to the upper storey, is already regarded as present in the public domain, for the opening is less than a square handbreadth. Hence, we may infer that if a room in a ground floor has no roof space over it (but there is a roof over the upper storey. Thus Ḥid. ha-Gershuni on TaZ), it is forbidden for a Kohen to be present in any part of the ground floor, for since the uncleanness will ultimately be removed through the door opening of this uncovered ground-room, the uncleanness cleaves back into it and thence through the door opening, for it must be borne in mind that the entire ground-room is uncovered unlike above where the hatchway is less than a square handbreadth in size (v. Ḥid. ha-Gershuni) — TaZ..

Se’if 3ג׳

שְׁנֵי חֲדָרִים פְּתוּחִים לְבַיִת, וּבְכָל אַחַת חֲצִי זַיִת מֵהַמֵּת, וְדַלְתוֹתֵיהֶם נְעוּלִים, הַבַּיִת טָמֵא וְהֵם טְהוֹרִים; וְאִם נִפְתְחוּ, גַּם הֵם טְמֵאִים.

Two rooms that open into a house and in each one there is half an olive's bulk from a corpse, and their doors are locked up,13And there are no other openings from the rooms save the one leading to the house. — [the law is that] the house is unclean14For the uncleanness must eventually pass through the house. Hence, the house is regarded as having uncleanness of an olive’s bulk in size. and they [the rooms] are clean.15The rooms are clean because the uncleanness in one room must not pass through the other room. The closed doors form a partition against that which is in the rooms, but do not prevent the passage of the uncleanness into the house. Kel. VIII, 6. If they [the rooms] were opened, they too, are unclean.16Ohol. VIII, 6. For then the uncleanness passes into them too.