יורה דעה שע״גYoreh De'ah 373

Se’if 4ד׳

אֵלּוּ הֵם הַקְּרוֹבִים שֶׁמִּטָּמֵא לָהֶם: אִשְׁתּוֹ נְשׂוּאָה שֶׁהִיא כְּשֵׁרָה; אֲבָל פְּסוּלָה, אוֹ גְּרוּשָׁה, אוֹ אֲרוּסָה, לֹא אוֹנֵן וְלֹא מִטָּמֵא לָהּ; וְכֵן הִיא, לֹא אוֹנֶנֶת וְלֹא מִטָּמְאָה לוֹ. וּמִטָּמֵא לְאִמּוֹ, אֲפִלּוּ נִתְחַלְּלָה; וְלִבְנוֹ וּלְבִתּוֹ דְּקִים לֵיהּ שֶׁכָּלוּ לוֹ חֳדָשָׁיו, אוֹ שֶׁהֵם מִשְּׁלֹשִׁים יוֹם וָאֵילָךְ, אֲפִלּוּ הֵם פְּסוּלִים; חוּץ מִבְּנוֹ וּבִתּוֹ מִשִּׁפְחָה אוֹ כּוּתִית; וּלְאָחִיו וְלַאֲחוֹתוֹ מֵאָבִיו, אֲפִלּוּ הֵם פְּסוּלִים, אֶלָּא אִם כֵּן הֵם בְּנֵי שִׁפְחָה אוֹ כּוּתִית; אֲבָל לְאָחִיו וְלַאֲחוֹתוֹ מֵאִמּוֹ, אֵינוֹ מִטָּמֵא. וְכֵן אֵינוֹ מִטָּמֵא לַאֲחוֹתוֹ אֲרוּסָה, אֲפִלּוּ הִיא אֲרוּסָה לְכֹהֵן; וְלֹא לַאֲנוּסָה וּמְפֻתָּה; אֲבָל מִטָּמֵא לַאֲחוֹתוֹ אֲרוּסָה שֶׁנִּתְגָּרְשָׁה, וּבוֹגֶרֶת, וּמֻכַּת עֵץ; וּמִטָּמֵא לְשׁוֹמֶרֶת יָבָם, אֲפִלּוּ אִם כָּתַב בִּכְתֻבָּתָהּ: אִי מִיתַת בְּלֹא בָּנִים תֶּהְדַּר כְּתֻבָּתֵךְ לְבֵי נָשָׁא (פֵּרוּשׁ לְבֵית אָבִיהָ).

The following are the near-of-kin for whom [a Kohen]1 Glos. defiles himself, [viz.,]12 Lev. XXI, 2-4 and Sifra a.l. his lawful married wife, but for his unlawful wife,13Yeb. 90b, 21b. or his divorced wife,14Even if he had children with her (Sem(H). IV, 3). or [his wife who was only] betrothed [to him],15Sifra ibid. he does not observe the laws of Onen,1 Glos. nor may he defile himself for her; and likewise, she [in the case of his death] does not observe the laws of Onen,1 Glos. nor may she defile herself for him.16Sifra ibid.; Yeb. 29b; Ket. 53a a.e. She does not have to defile herself for him, only if she so desires, she may do so — ShaK. He defiles himself for his mother, even if she became profaned,17Sifra ibid. This refers to a case where after this Kohen was born, his mother was unlawfully married to another Kohen after having been divorced from her previous marriage — ShaK. Tur includes his father for whom the Kohen defiles himself. It is not mentioned here because it is self evident from the Biblical text in Lev. ibid., and requires no further qualification. and for his son and daughter, where it is certain that its [the infant's] months [of pregnancy] were complete, or that they are over thirty days old,18Even if the months of pregnancy were not complete. Shab. 136a and Sifra ibid. For a doubtful non-viable birth he does not defile himself both in the case of a son, a daughter, a brother and a sister — Shak. even if they are illegitimate, excluding his son and daughter of a slave or a heathen.19Yeb. 22a a.e. [He defiles himself] for his paternal brother and sister,20Sifra ibid. even if they are illegitimate, unless they are the offspring of a slave or a heathen.19Yeb. 22a a.e. But for his maternal brother or sister he does not defile himself.21Sifra ibid.; M.K. 20b. And likewise he does not defile himself for his betrothed sister, even if she were betrothed to a Kohen,22 n. 1. Yeb. 60a in accord with R. Jose and R. Simeon. nor for [a sister] who was outraged or seduced,23Yeb. ibid. An adolescent, Heb. בוגרת (Bogereth) is a girl from the age of twelve years and a half plus one day and onwards. but he defiles himself for his betrothed sister who was divorced24After betrothal (Erusin), the preliminary act of marriage, distinguished from Nissu’in, marriage proper, consisting in conducting the bride to the groom’s permanent (or improvised) home, after which cohabitation is permitted. and [for] one who is adolescent23Yeb. ibid. An adolescent, Heb. בוגרת (Bogereth) is a girl from the age of twelve years and a half plus one day and onwards. and [for] one who was wounded.25One who lost her hymen through an accidental lesion. Yeb. ibid. in accord with R. Jose, R. Judah and R. Meir. He [likewise] defiles himself for a woman awaiting the [decision] of the levir,26Where the widow of a husband who has died childless (v. Deut. V, 5-9) waits for the brother-in-law to marry or to reject her. He defiles himself for her because legally he inherits her Kethubah (v. Glos.) and is considred as her husband. Ket. 81a. Cf. Yeb. 89b, Tosaf. s.v. כיון; RaShBA Resp. III, s. 252. even if [her deceased husband] wrote in her Kethubah,1 Glos. 'if you die childless, your Kethubah1 Glos. will return to the paternal house',27Because legally he inherits her estate (נכסי מלוג) of which a husband has the usufruct. Furthermore, no distinction was made by the Rabbis between this sister-in-law (יבמה) and other sisters-in-law (יבמות) — B.Yos. on the authority of RaShBA. i.e., her father's house.

Se’if 5ה׳

כָּל אֵלּוּ שֶׁמִּטָּמֵא לָהֶם, אֲפִלּוּ שֶׁלֹּא לְצֹרֶךְ. וְיֵשׁ אוֹמְרִים דְּדַוְקָא לְצֹרֶךְ. הַגָּה: וְלַסְּבָרָא הָרִאשׁוֹנָה, אֲפִלּוּ מֵת לוֹ מֵת בְּשַׁבָּת, שֶׁאִי אֶפְשָׁר לְקָבְרוֹ בּוֹ בַּיּוֹם, שָׁרֵי לִטָּמְאוֹת לוֹ וּלְשָׁמְרוֹ, כְּדֵי שֶׁלֹּא יְהֵא מֻטָּל בְּבִזָּיוֹן (ת"ה סי' רפ"ג) ; וְנָכוֹן לְהַחְמִיר כַּסְּבָרָא הָאַחֲרוֹנָה, שֶׁלֹּא לִטָּמְאוֹת רַק לְצֹרֶךְ קְבוּרָה וּלְהָבִיא לוֹ אָרוֹן וְתַכְרִיכִין. (שָׁם בְּשֵׁם תּוֹסָפוֹת שנ"ץ).

All those [near-of-kin] for whom he28The Kohen. defiles himself [applies] even [to a defilement] which is not for the requirements [of the corpse].29Sem(H). IV, 7 (according to the reading of N in T.H. cited by B.Yos.) where three opinions are mentioned with respect to how long he is permitted to defile himself for his near-of-kin: ‘How long is he permitted to defile himself for them? — R. Meir says, the entire day. R. Simeon says, three days. R. Judah says on the authority of R. Tarfon, until the closing of the tomb by the Golel.’ From an actual case reported ibid., the third view was accepted by the Rabbis (v. infra par. 6 and notes). Hence, we infer from this that he may defile himself for his near-of-kin even in the case where the defilement is not required for the corpse’s needs, e.g., preparation of shrouds etc. Accordingly, this defilement is considered obligatory — ShaK. And some say, only for the requirements [of the corpse].30E.g., all burial requirements, such as a coffin, shrouds etc. But if these are not required, the Kohen may not defile himself for them — ShaK. Pes. 8a, Tosaf. s.v. בשפחתו end; Nid. 15b, Tosaf. s.v. ובא end. Gloss: And according to the former opinion, even if he28The Kohen. suffered a bereavement on the Sabbath where it is impossible to bury him the same day [on account of the Sabbath], he28The Kohen. is permitted to defile himself for him and guard him so that he should not lie in disgrace.31Ter. ha-Deshen s. 283 — G. It is proper to adopt the stringent view according to the latter opinion [viz.,] that he28The Kohen. should defile himself only for the requirements of the burial32On a weekday the Kohen may be present in the house where his dead near-of-kin lies awaiting burial, even if there are others who attend to the burial needs, since there may be something with respect to the burial needs concerning which his presence is required. Hence, this is regarded as a defilement for the needs of the corpse — P.Tesh. ShaK in Nek. ha-Kesef states that the first opinion is the accepted custom. and [in order] to bring him a coffin and shrouds.33Ibid. on the authority of Tosaf. Sens. — G.