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Nazir, 43

1) THE PROHIBITION OF A KOHEN WHO IS ALREADY TAMEI TO BECOME TAMEI AGAIN

HALACHAH: The Gemara cites a Machlokes between Rabah and Rav Yosef regarding whether a Nazir who is already Tamei is permitted to have contact again with another Mes. Rabah says that the Nazir is allowed to touch another Mes. Rav Yosef says that he is not allowed to touch another Mes.

Rabah explains that he only means that the Nazir is allowed to touch another Mes while he is still in contact with the first Mes. If the Nazir has released his hold of the Mes, then even Rabah agrees that the Nazir is not allowed to touch another Mes, since that will add to the Nazir's Tum'ah, in the following way. A person who touched a Mes but is no longer touching it has the status of a regular Av ha'Tum'ah, and he only makes someone else who touches him into a Rishon l'Tum'ah. But if the person is still touching the Mes, then whoever touches him becomes an Av ha'Tum'ah.

Both Rabah and Rav Yosef agree, therefore, that when a Nazir is no longer touching a Mes, it is prohibited for him to touch another Mes.

This Isur of a Nazir to touch another Mes has practical ramifications regarding the Isur of a Kohen to touch a Mes (as we find that the Gemara compares the Isur of a Kohen to touch a Mes to the Isur of a Nazir). We know that the Isur of Tum'as Kohanim applies even today. What are the Halachic ramifications of this Gemara for a Kohen?

(a) The Rishonim rule like Rabah because of the principle that whenever Rabah and Rav Yosef argue, the Halachah follows the view of Rabah (see Bava Basra 114b). Since, in our Gemara, Rabah rules that a Nazir is Chayav for becoming Tamei when he touches a second Mes while he is no longer touching the first Mes, it follows that it should be prohibited for a Kohen to become Tamei from a Mes (including Tum'as Ohel) unless he is still touching another Mes. This is the ruling of the RAMBAM (Hilchos Nezirus 5:17, Hilchos Avel 3:4).

TOSFOS (43a, DH me'Hacha) and the ROSH (Hilchos Tum'ah #6) add that it is because of this that it has become customary to arrange for Kohanim a separate section in a cemetery, at the edge of the cemetery. Even though it is permitted for a male relative of a deceased Kohen to *enter* the cemetery in order to bury his relative since he is already touching a Mes (which is permitted for a Kohen to do for a close relative), nevertheless *after* the burial the Kohen will have to become Tamei again by walking over other graves in order to exit. Since at that time he is no longer touching a Mes, he will be adding to his Tum'ah, which is prohibited. Consequently, we would not be able to permit the male relative of a deceased Kohen to enter the cemetery to bury the Mes. Therefore, a separate section for Kohanim is made at the edge of the cemetery so that the relatives of the deceased Kohanim will be able to exit the cemetery without having to walk over other graves.

(b) However, the ROSH here (42b, DH Kan) suggests another interpretation of the entire Sugya. According to the Rosh, it is Rav Yosef who distinguishes between a Nazir who is presently touching a Mes (Tum'ah b'Chiburin) and one who is not touching a Mes (Tum'ah she'Lo b'Chiburin). Rabah, who says that a Nazir does not transgress the Lav if he is already Tamei, means that even if he is *not* touching the first Mes at the time he touches the second Mes, he still does not transgress the Lav.

The Rosh (Hilchos Tum'ah, loc. cit.) quotes RABEINU TAM who learns the Gemara in this way and rules like Rabah, that a Kohen does not transgress the Lav even if he is not touching the first Mes at the time he touches the second Mes (see Rabeinu Tam as cited by Tosfos in Shevuos 17a). The Rosh adds that this Machlokes between Rabah and Rav Yosef appears to be a Machlokes Tana'im in a Beraisa (Avel Rabasi 4:15).

Even according to this ruling, there are still prohibitions involved with a Kohen touching a Mes while he is Tamei. First, the Rosh shows that the Beraisa in Avel Rabasi prohibits a second Tum'ah *mid'Rabanan*, even according to those who permit it mid'Oraisa. Second, it is clear from the Beraisa that on the *following day*, it is Asur *mid'Oraisa* to touch another Mes, since that will extend the Kohen's Tum'ah another day and therefore it is considered to be adding to his Tum'ah.

The Rosh writes that according to this opinion, it is not necessary for the Kohanim to have a separate burial section at the edge of the cemetery. Since the Isur is only mid'Rabanan, in this case it is permitted for the Kohanim to enter the cemetery to bury their relatives because of Kavod ha'Briyos, even though doing so will require that the Kohen be Metamei himself in order to exit after the burial.

(c) The RA'AVAD (Hilchos Nazir, loc. cit.) understands the Gemara like the Rosh, that Rabah permits becoming Tamei a second time even when the Kohen is no longer touching the first Mes, but he is even more lenient in his ruling. He writes that since the Halachah is like Rabah, it is permitted for Kohanim who are already Tamei to touch a Mes *l'Chatchilah* (there is not even an Isur d'Rabanan), and even on *the day after* they become Tamei it is also permitted for them to touch a Mes! The Ra'avad writes that this is why we cannot obligate Kohanim nowadays to keep away from a Mes. (This is the way REBBI AKIVA EIGER and others understand the Ra'avad. See, however, DAGUL MERAVEVAH YD 372:2, and Insights to Yevamos 61:1:b.)

HALACHAH: The SHULCHAN ARUCH (YD 373:7) and the REMA rule like the Rambam ((a) above), who writes that it is prohibited for a Kohen to touch a Mes (or become Tamei again in any other way, such as with Tum'as Ohel) a second time when he is no longer touching the first Mes.

43b

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