Fall 2024

The Torah tells us that Ahron and his sons were appointed by Hashem to serve as the first kohanim. The status of kehuna passes from father to son, in that a son of a male kohen is also a kohen. The kohanim were ordained to serve in the Beis Hamikdash and commanded to fulfill specific mitzvos.[1]

Among these is the obligation for male kohanim to preserve their kedusha and to prohibit becoming tamei meis – that is, becoming defiled through contact or exposure to a dead body.[2] Even though we no longer have a Beis Hamikdash, kohanim in our time are still required to observe all the halachos of tumas meis, both in and outside of Eretz Yisroel.[3] A kohen is restricted from becoming tamei even from an akum meis (the body of a deceased aino Yehudi).[4] At times of significant need, there is room for a kohen to be lenient and remain under the same ohel (roof) as an akum meis.[5]

A kohen is obligated to become tamei for a meis mitzva[6] as well as for his seven closest relatives:[7] his father, mother, wife, brother, never married sister, son and daughter.[8] But even within his family, there are restrictions.[9] A kohen:

• can become tamei for his seven closest relatives only until the meis has been placed in the grave and covered with earth.[10] After that time, he should leave the gravesite and stand at least four amos away.[11]
• may not become tamei for one of his seven closest relatives if the body is not intact[12] or if the deceased was a rasha.[13]
• whose wife has a miscarriage or stillbirth or bears a child who dies within thirty days of birth, in certain circumstances may not remain under the same ohel as the fetus or baby.[14]

A Brief Overview of the Halachos of Tumas Meis

Tumas meis is transmitted by touching, carrying or being under the same ohel as a meis.[15] While a kohen can take care not to touch or move a meis, there are circumstances in which he may find it challenging to avoid being under the same ohel as one – such as inside a hospital or a museum, or on an airplane that is carrying a meis.l.

The laws of ohel are complex, and this article can only touch on some of the issues involved. Here is a cursory overview of some of them:

• The prohibition for a kohen to be under the same ohel as a meis applies not only to an intact body but also to various body parts: a complete skull; a spine with vertebrae; the majority or a rova (11.6 oz.) of bones of a meis; a kezayis of flesh from a meis; a revi’is of blood that flowed out after death.[16]
• A limb conveys tumas ohel even if amputated from a live person,[17] and even if the amputee was the kohen himself.[18] In this context, a limb is defined as a complete bone with all (or almost all) flesh and sinews attached.[19]
• A kohen cannot be under the same ohel as a coffin containing a meis.[20]
• A kohen cannot be under the same ohel as a goseis (someone close to death).[21]
• If two locations are under one ohel, tumas meis can spread from one location to the other. A kohen is not allowed to remain in any place to which tumas meis has spread. When a meis is in a room with a roof, the tumah will spread throughout the room. If there is an open doorway or window in that room–or any opening the size of a tefach by tefach (3.1 x 3.1 in.) or larger–the tumah will spread to an adjacent roofed room, unless there is airspace between the two roofs such that they are not touching each other.[22]
• If an opening is blocked by something that is not mekabel tumah, the tumah will generally not be able to spread through that opening.[23] A door and its hinges are not mekabel tumah when manufactured with the intent to attach them to a building.[24] A windowpane is also not mekabel tumah. Therefore, if there is a meis in a room, closing all the doors and window will generally stop the tumah from spreading out of the room.
• If a meis is in a room with closed doors, and it is undecided through which door the meis will exit, then all the doors are treated as though they were open.[25] Once it has been decided through which door the meis will exit, only that door is considered as though it was open.

If a kohen is in a building and there is a meis in a different room, the kohen should immediately close all the doors and windows of the room that he is in. This will prevent tumah from entering the room, as long as it is clear that the meis will not exit the building through the doors of that room. Alternatively, the kohen should leave the building immediately.[26]

A person should inform a kohen if he is unaware that there is a meis in the building. If the kohen is not fully dressed and will be embarrassed to go outside, one may tell him to get dressed and leave the building, without explicitly explaining why.[27]

Hospitals

There are a numerous sources of tumas meis that may be found in a hospital. Apart from meisim, there are patients who fall into the category of goseis. A hospital will at times contain severed limbs and aborted fetuses. Additionally, body parts are routinely transferred to the pathology department for analysis.

Hospitals generally contain multiple doors between floors and between departments, limiting the spread of tumah.[28] For this reason, some areas of a hospital may be less problematic than others. However, it is difficult to make an assessment without being well acquainted with the layout and practices of the hospital.

A kohen entering a hospital will generally not know whether there is tumas meis present at that moment. There is considerable discussion among the poskim as to how to treat cases of safeik (uncertain) tumah. Broadly speaking, their conclusion is that a kohen should avoid entering a hospital unnecessarily due to concerns of tumas meis but may enter when needed.

Rav Moshe Feinstein zt”l writes that, if particularly necessary, a kohen may visit a close relative in hospital, provided it is not known that there is a Jewish meis onsite and that most of the patients are not Jewish.[29] This psak may not apply to a hospital in Israel, as most patients there are Jewish. Before entering a hospital in Israel, a kohen should talk to a rabbi familiar with the hospital.

Some of the mitigating factors to permit a kohen to enter an American hospital include:

► At times of significant need, a kohen can be lenient regarding tumas ohel of an akum meis

► Only the minority of patients are Jewish

► It is a safeik whether any of the Jews present are meisim

► There is an additional safeik whether the tumah meis would spread to the area being visited

► There is a halacha le’Moshe mi’Sinai to be lenient regarding safeik tumah in a public area, which arguably may apply in this scenario[30]

Museums

Museums sometimes contain human remains. It is often difficult to ascertain whether the exhibits are real or replicas; one cannot rely on museum workers to provide an accurate answer. Exhibits are generally enclosed in cases, which may prevent the tumah from spreading. However, not all cases are constructed in a manner that is halachically capable of containing tumah.[31]

Museums are typically open areas without closed doors, allowing tumah to spread throughout the building. For this reason, kohanim generally refrain from entering museums that contain human remains.[32] A kohen should also avoid entering a museum that contains mummies.[33]

Airplanes

It is common for meisim to be flown to Eretz Yisroel for burial, and the poskim debate whether tumas meis can spread from the cargo area to the passengers. Airplanes are primarily made from aluminum. Although most metals are mekabel tumah, some poskim contend that perhaps aluminum does not, and thus may act as a barrier to prevent tumah from spreading.[34] Other poskim disagree,[35] while others contend that it cannot serve as a barrier when the airplane is moving.[36] Therefore, a kohen should not travel on an airplane that is transporting a meis.[37]

One solution that has been implemented is to place the coffin inside a plastic box, constructed to prevent tumah from spreading. This solution, however, raises its own concerns:

► The box may be categorized as a kli (utensil) which cannot block tumah from spreading.[38]

► The box may not be able to prevent tumah from spreading when the airplane is moving.[39]

► There is no way to confirm that the airline actually placed the coffin inside the box.[40]

For information regarding flights, please contact the Vaad Hacohanim at [email protected] or 732-523-5020.

The author wishes to thank Rabbi Yosef Fund of the Vaad Hacohanim in Lakewood, NJ, for his assistance with this article.

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[1] A male child born to a kohen through an illicit relationship may, under certain circumstances, be classified as a cholol. The restriction of becoming tamei meis does not apply to a cholol; see Shulchan Aruch Yoreh Deah (S.A. Y.D.) 370:2. Regarding descendants of a cholol, see S.A. Even Ha’ezer 7:12.

[2] Vayikra 21:1.

[3] S.A. Y.D. 360:1.

[4] S.A. Y.D. 372:2.

[5] Igros Moshe Y.D. 2:166.

[6] S.A. Y.D. 374:2.

[7] S.A. Y.D. 373:3.

[8] A kohen should not become tamei for his sister if she is or was married, or if she is a beulah (See S.A. Y.D. 373:4).

A kohen is not permitted to become tamei for a grandparent, grandchild, stepparent, stepchild or adopted child. He is also not permitted to become tamei for his half-brother and half-sister, where he and they share the same mother but not the same father (S.A. Y.D. 373:4). The prohibition of tumas meis applies even if the meis was a tzaddik (see Pischei Teshuva Y.D. 372:2).

[9] A rabbi should be consulted when there is any doubt regarding these conditions.

[10] S.A. Y.D. 372:6.

[11] Igros Moshe Y.D. 1:252.

[12] S.A. Y.D. 372:9; see also Igros Moshe (Y.D. 1:251 and 2:165) regarding a kohen becoming tamei for a relative who has had internal organs removed, and Igros Moshe, ibid,and Shevet HaLevi (3:161) regarding becoming tamei for a relative who was missing a limb when still alive.

[13] S.A. Y.D. 372:8. Rav Moshe Heinemann shlit”a concurs with Shevet Halevi (6:176) who states that a kohen should not become tamei for a relative who was mechalel Shabbos befarhesya.

[14] Rambam Hilchos Tumas Meis (T.M.) 2:1, Shach Y.D. 369:1.

[15] Rambam T.M. 1:1.

[16] Rambam T.M. 3:1.

[17] Rambam T.M. 2:3.

[18] Pischei Teshuva Y.D. 369:3.

[19] See Rambam, ibid,stating that tumah of an eiver min hachai applies only when the limb is fully complete with flesh, sinew and bone; Rambam then addresses the case when some of the flesh is missing.

[20] Rambam T.M. 7:4.

[21] S.A. Y.D. 370:1, Shach Y.D. 370:3.

[22] S.A. Y.D. 371:1.

[23] S.A. and Rema Y.D. 371:1.

[24] S.A. Y.D. 371:16 and Pischei Teshuva Y.D. 371:9; regarding the nails and screws, see Mishmeres Hakohanim, chapter 9 footnote 8.

[25] S.A. Y.D. 371:4.

[26] The pathways through which tumah may spread are not always obvious. To give one example, imagine a scenario where there is a meis in a room, and a kohen in an adjacent room. There are no doors or windows between the two rooms. Both rooms have windows open to the outside, and the roof of the building has an overhang. The tumah will spread from the meis throughout the room, through the window, under the overhang, into the adjacent window, and into the adjacent room. The kohen must close the window or leave.

[27] Mishmeres Hakohanim 22:16; Rav Heinemann concurs.

[28] It should be noted that some hospitals tend to leave doors propped open, furthering the spread of tumah.

[29] Igros Moshe Y.D. 2:166.

[30] See Igros Moshe, ibid, Tziyunei Halacha on hilchos aveilus,, chapter ten quoting RavYosef Shalom Elyashiv zt”l, and Mishmeres Hakohanim, chapter 21.

[31] See Mishmeres Hakohanim, chapter 1 footnote 31, and he’aros u’miluim at the end of the sefer, Midarchei Hakohanim by Rabbi Mordechai Millunchick (Chicago: self-published, 2009), pp. 64-72 and simanim 2 and 6 at the end of the sefer.

[32] The Kohen’s Handbook by Rabbi Yochanan Alexander Lombard (Jerusalem: Jerusalem Publications, 2005), p. 111.

[33] Mishneh Le’melech Hilchos Aveil 3:1, Maharsham 1:215.

[34] See Igros Moshe (Y.D. 2:164 and 3:22); it should be noted that more than 10% is made from steel.

[35] Tiferes Yisroel introduction to Taharos (titled Yevakesh Daas) #44, Tziyunei Halacha on hilchos aveilus,, p. 298 quoting Rav Elyashiv.

[36] See Chazon Ish Nazir 144:9, Shevet HaLevi 9:251.

[37] See Mishmeres Hakohanim, chapter 9 footnote 24 quoting Rav Dovid Feinstein zt”l.

[38] See Minchas Shlomo (Rav Shlomo Zalman Auerbach zt”l) 1:72 anaf 3.

[39] See Birchas Ha’ohel pp. 448 and 449.

[40] See Mishmeres Hakohanim 9:9.