Community Magazine February 2003

ADAR I 5763 FEBRUARY 2003 27 s ” xc Q: Is a kohen permitted to enter a gravesite of non-Jews? A: It is proper not to do so. The Gemarah Yebamot P. 61 brings R' Shimon bar Yohai's opinion that the graves of non-Jews are not metame (contami- nating). The Gemarah elsewhere seems to bring a proof to that effect from Rava bar Abua who saw Eliyahu Hanavi in a ceme- tery of non-Jews. He asked Eliyahu "aren't you a kohen?" to which Eliyahu answered that it was a non-Jewish cemetery. However Tosafot writes that Eliyahu's answer, while true, was only a quick deflection and that he did not hold that a kohen is generally permitted to enter a cemetery of non-Jews. Rather the real reason was that Eliyahu had knowledge that there was a space of a tefach (several inches) between the bodies and the lids of the caskets which effectively contains the impurity. Among the Poskim (rabbinic authorities), the Rambam writes that non-Jewish graves are not metame, however, the Rosh main- tains that they are. Most Sepharadim generally follow Maran (R' Yosef Karo) who writes in Shulhan Aruch Yore Deah 372.2 that a kohen should be careful not to enter even a cemetery of non- Jews and not to walk over the graves of non-Jews. Q: Should a kohen avoid parks that may have been a gravesite of non-Jews? A: Without more concrete informa- tion, it is not necessary. Since the restriction on non-Jewish gravesites is only a decree of the Rabbis and in the case of New York City parks we have evidence that efforts were made to remove the graves before the parks were built, and since the cemetery did not necessar- ily cover the entire park and it is also possible that whatever graves if any that may have remained, had a space of a tefach between the body and the lid of the casket, a kohen does not need to be concerned unless more specific information becomes available. Nevertheless a kohen should always be vigilant as many parks may be adjacent to a cemetery or may contain monuments that represent a grave. Q: Is a wife of a kohen who may be pregnant permitted to enter a Jewish cemetery or a place where she can be affected by ohel met (impurity from being in close quarters with a dead body)? A: In most cases yes. Maran writes that any male kohen regardless of age must avoid becoming tameh met (impure from coming into contact with a dead body) therefore it would seem that a wife of a kohen who may be pregnant should be careful not to enter such places. However, the Hida and many others say that we may rely on the rule of "double doubts" and be lenient on this matter. Since there are two doubts about the unborn child's status, namely that 1. It may be a female and 2. G-d forbid there may be a miscar- riage, even a wife of a kohen who is sure that she is pregnant does not need to avoid such places on account of tameh met. This is holds true even though the second doubt of, G-d forbid, miscarriage represents a very slight chance as Hacham Ovadia writes in the book Leviyat Hen that in a case of two doubts, one of which only represents a minimal chance, it is still considered a valid double doubt and one may be lenient. The double doubt would not apply if one has determined through ultrasound or other medical procedure that the unborn child is a male. In that case the lady should be careful not to enter places of impurity except in an emergency such as giving birth. Note that there is no obligation to find out the sex of the baby before birth since ultrasound and other such methods are not 100% accurate. These laws apply only with respect to Jewish gravesites and the like. Regarding the gravesites etc. of non-Jews, the restriction on the male kohen is only a rabbinical decree so therefore a wife of a kohen who is pregnant may be lenient. A S K T H E H A C H A M P R E P A R E D B Y : R A B B I E L I D A V I D