1. Background of laws of impurity:[1]

It is forbidden for a male[2] Kohen[3] to defile himself to a corpse[4] or to any of the impurities which come from a corpse [i.e. Tumas Meis]. [This applies even to a Nefel, which is a still born, or baby who died within thirty days of birth.[5] This applies even in today’s times that all Kohanim are anyways carrying the impurity of Tumas Meis.[6]] The Kohen may not come into contact with the amputated limb of a person [including even if it was amputated from his own body[7]]. The Kohen may not come into contact with a grave, or the tombstone that rests on a grave.[8] Thus, he may not walk in a field in which a body was buried in an unknown location [i.e. Beis Haperas].[9] He may not even enter within four Amos [196 cm] of either a corpse[10] or grave[11], unless there is a Mechitza of ten Tefachim surrounding him or the grave, in which case he must only distance himself 4 Tefachim [32 cm] from the graves.[12] He may not walk under an item which is hovering over a body or grave, such as a tree or tent or building.[13] He may, however, stand outside the building/house that contains the corpse, even within four Amos of its walls, and he may even touch the walls.[14] However, some Poskim[15] are stringent to prohibit standing within four Amos of the walls.

Grave of a Tzaddik: A Kohen is not to defile himself even to the grave [and certainly body] of a Tzaddik. See chapter 31 Halacha 7B for the full details of this subject!

Entering the home of a Goseis: See Chapter 2 Halacha 1F!

Gentile graves and corpses:[16] It is forbidden for a Kohen to come into contact with the corpse of a gentile.[17] It is disputed amongst Poskim[18] if the Tuma of Ohel applies to the corpse of a gentile. Thus, it is disputed as to whether a Kohen may enter a gentile cemetery and step on the grave of a gentile.[19] Practically [although the main opinion follows the lenient approach[20]] it is proper to beware not to step on their graves.[21] [It is questionable if a Kohen may enter within four Amos of the grave or body of a gentile.[22]]

Grave of Jewish heretic:[23] The body of an apostate Jew has the same status as the body of a regular Jew regarding Tumas Meis, and hence a Kohen may not come into contact with his body or grave, or be under the same roofing/Ohel.

Coming into contact with an item that touched a corpse:[24] Some Poskim[25] rule that a Kohen may not come into contact with a sword [or other metals[26]] that touched a dead body. Other Poskim[27], however are lenient, and so is the custom.[28] [According to all, he may touch other items that became impure to a corpse, such as the grave stone after it has been removed from the grave.[29]]

Rabbinical impurities:[30] It is permitted for a Kohen to transgress Rabbinical impurities, such as entering a Beis Haperas, for the sake of a Mitzvah, such as to learn Torah, or get married, or comfort a mourner, or sue a gentile, if there is no other path available.

A child under Bar Mitzvah who is a Kohen:[31] It is forbidden for any Jew[32] to cause a child of any age who is a Kohen to become impure to Tumas Meis.[33] However, one is not required to protest against a Kohen child who is defiling himself with Tumas Meis, unless the child has reached the age of Chinuch.[34] This obligation of protest against the child if he has reached the age of Chinuch, applies only to the father of the child.[35]

The pregnant wife of a Kohen avoiding Tumas Meis: See Chapter 31 Halacha 7C!

Does the ash of a corpse give off Tuma? ^[36] Many Poskim^[37] rule that the ash of a corpse [which has no bone fragments remaining] does not give off impurity and hence there is no prohibition for a Kohen to be in contact with the ash or be in the same room as it. [Thus, a Kohen may enter into a room that contains the cremated remains of a person and may even hold the jar or ash in his hand.^[38] This applies whether the ashes belong to a Jewish corpse or gentile corpse.] However, other Poskim^[39] rule that the ash of a corpse does give off impurity and it is hence forbidden for a Kohen to defile himself to it.^[40] Practically, one may certainly be lenient regarding entering Tumas Ohel to enter a room that contains the ash of a corpse^[41], and those who are lenient to even touch and move the ash have upon him to rely as so is the main opinion in the Poskim. [This question especially arose after the Holocaust in which millions of Jews were burned in the crematorium, and the collective ashes were later taken and buried and Kohanim who had loved ones who were killed and burned asked if they can visit the burial site of the ash, the vast majority of Poskim concluded that it is allowed.^[42]]

May a Kohen enter into a room that contains the cremated remains of a person? Yes. This applies even if the ashes belong to a Jew. Cremated bodies are burnt at temperatures between 1400-1800 Fahrenheit for about 2-2.5 hours. The bones are reduced to calcified matter which are later crushed and processed, being reduced to ash like particles. Thus, in a jar containing the cremated remains of a person there are no remaining body particles that pose a Halachic issue for a Kohen regarding the laws of impurity.

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[1] Michaber 369:1

[2] Kohenes: A female Kohen is not prohibited from defiling himself to Tumas Meis. [Michaber 373:2]

[3] Baal Mum: This prohibition applies even to a Kohen who is a Baal Mum. [Michaber 373:2]

Chalal: A Kohen who is a [Biblical] Chalal is not prohibited from defiling himself to Tumas Meis. [Michaber 373:2] However, a Rabbinical Chalal is Biblically prohibited from defiling himself to Tumas Meis. [Shach 373:2 in name of Bach]

[4] See Michaber 370:1 for the definition of dead

[5] Taz 369:1; Chidushei Hagirshoni; Pischeiy Teshuvah 369:2; Kitzur SHU”A 202:1; Nitei Gavriel 130:12; 135:9

Miscarriage within 40 days of conception: Does not give off Tumas Meis. [Pischeiy Teshuvah 369:2; Kitzur SHU”A 202:1; Nitei Gavriel ibid]

Nefel who is still alive: Does not impurify a Kohen. [Divrei Malkiel 4:93; Nitei Gavriel 135:10]

[6] Setimas Haposkim; See Gloss of Rav Akiva Eiger 369; Hasagos Haraavad on Nezirus 5; Semag 231; Zera Avraham 1:17

Other opinions: Some Poskim rule that a Kohen who is in already impure due to Tumas Meis does not carry the prohibition of defiling himself to a corpse. [Hasagos Haraavad on Nezirus 5:17 as understands Mishneh Limelech Avel 3, unlike understanding of other Poskim in Ravaad] Practically, we do not rule like this opinion. Although one may join it to other cases and opinions of leniency. [See Degul Mirivava 372; Pischeiy Teshuvah 372:9]

[7] Noda Beyehuda Tinyana Y.D. 209, brought in Pischeiy Teshuvah 369:2

[8] Michaber 369:1

What areas of the grave give off Tumas Ohel? If the grave contains a Chalal Tefach [vacuum of 8 centimeters within], and does not contain a Tefach Pasuch, as is common today for the grave to contain a vacuum between it and the body, and the grave is completely closed off, then the entire grave stone gives off Biblical impurity, even from the areas that do not contain the actual body under them. If, however, the grave does not contain a Challal Tefach, then only the area opposite the body gives off Tumas Ohel. [Taz 372:1; However see Pischeiy Teshuvah 372:2 that if there is Challal Tefach there is only Rabbinical Tuma] If it contains a vacuum of a Tefach but also contains a Tefach Pasuach, then it only gives off Rabbinical impurity over the grave. [See Shach 372:2]

[9] Michaber 369:1; 372:1

[10] Michaber 371:5 “It is forbidden to come within four Amos of the corpse or grave”; Derisha, brought in Shach 371:18;

Other opinions regarding funeral: Some Poskim rule it is permitted to be within four Amos of the body of the deceased throughout the funeral [so long as one is not under the same Ohel]. It is thus permitted for a Kohen to give a Hesped within four Amos from the body. [Shach 371:18; Rokeiach 315; Yeish Makilin in Peirsha ibid; Chochmas Adam 159:14; Kitzur SHU”A 202:8; Nitei Gavriel 130:4] Practically, the custom is to be stringent to distant oneself four Amos from the body due to fear of Ohel Hameis. [Gesher Hachaim p. 79; Nitei Gavriel ibid]

[11] See Pischeiy Teshuvah 371:14 that we measure the four Amos from the corpse and not the grave.

[12] Michaber 371:5; Chochmas Adam 159:14

Is this prohibition Biblical or Rabbinical? The prohibition of being within four Amos of the deceased is a Rabbinical decree. [See Shach 371:18; Beis Yosef Y.D. 371 in name of Rosh] This is according to all opinions. [Igros Kodesh 6:348, printed in Shulchan Menachem 5:331]

[13] Michaber 369:1; 371:1 in greater detail

[14] Rama 371:5

[15] Shach 371:19 in name of Bach

[16] See Michaber 372:2

[17] Shach 372:4 that some Poskim rule that even according to lenient opinion it is forbidden to touch and carry a gentile corpse, and they are only lenient regarding the laws of Ohel of a gentile corpse; Beis Yosef; Aruch Hashulchan 372:5; See Gesher Hachaim 6:3 that some say this impurity is Biblical

Other opinions: Some Poskim rule that it is permitted to even touch a gentile corpse and they do not give off any impurity at all. [Yireim; See Shach ibid; Birkeiy Yosef 372; Aruch Hashulchan 372:5]

[18] Rambam Avel 3:3 rules a gentile does not give off Tumas Ohel, and hence it is permitted to step on the graves of gentile. However, Tosfos Bava Metzia 114 rules that gentiles give off Ohel impurity. See Birkeiy Yosef 372; Aruch Hashulchan 372:5

[19] Michaber ibid is stringent, Rama ibid brings lenient opinion

[20] Implication of Michaber and Rama ibid; Aruch Hashulchan 372:5

[21] Michaber ibid; Rama “Nachon Lehachmir”; Maharam; Tosfos; Conclusion of Noda Beyehuda, brought in Pischeiy Teshuvah 372:9; Kitzur SHU”A 202:10

[22] Chomos Yerushalayim 6, brought ion Pischeiy Teshuvah 371:13 [he however explains that certainly by a grave it is permitted, as there is no worry of touch]

[23] Rama 372:2; Rashba 194; Kitzur SHU”A 202:10

[24] Rama 369:1

[25] 1^st opinion in Rama ibid; Kol Bo in name of Yireim

[26] Shach 369:3

[27] 2^nd opinion in Rama ibid; Rashba in name of Raavad

[28] Rama ibid

[29] Chochmas Adam Matzeivas Moshe 11; Nitei Gavriel 130:33

[30] Michaber 372:1; See Pischeiy Teshuvah 372:1-4 for various other cases of leniency by Rabbinical Tuma

[31] See Michaber 373:1; Nitei Gavriel 130:11

[32] See Admur 343:5 who writes “Any person”; However, see wording in Michaber ibid and explanation of Taz 373:1 that the prohibition applies only to the Kohanim which are adults, and the Beis Din, that they may not actively cause the child to become impure.

[33] Michaber and Rama 373:1; Admur 343:5

[34] Shach 373:1; Admur 343:2-3

Child sleeping in Ohel Hameis: See Shach and Taz 373:1 that one is not required to awaken him, although it is proper to do so due to Chinuch.

[35] Admur 343:1-3

[36] See Hamiaseif 9:17-13; Anei Shoham Inyanei Hageluyos Yimei Hazam p. 436; Sefer Emek Habacha 2; Chayeh Olam; Koveitz Beis Yisrael 211 p. 124; Dibros Eliyahu 8:74

[37] Sheilas Yaavetz 2:169, brought in Pischeiy Teshuvah Y.D. 369:2; Rambam Tumas Meis 3:10 “The flesh of a corpse which has disintegrated and become like flour is pure and so too the ash of a corpse is pure”; Chachamim in Mishneh Ohalos 2:2; Taam Vadaas; Milameid Lehoil Y.D. 2:114 in name of Ramban, Rashba, Ran and Ritva; Seridei Eish 1:181; Chelkas Yaakov Y.D. 217; Minchas Yitzchak 1:30

[38] Cremated bodies are burnt at temperatures between 1400-1800 Fahrenheit for about 2-2.5 hours. The bones are reduced to calcified matter which are later crushed and processed, being reduced to ash like particles. Thus, in a jar containing the cremated remains of a person there are no remaining body particles that pose a Halachic issue for a Kohen regarding the laws of impurity.

[39] Rebbe Eliezer in the Mishneh ibid; Lechem Hapanim 364; Shut Harashbash 610; Tosafus Nida 27b; Paneiach Raza Parshas Korach; Shevet Shimon Chidushei Sugyos

[40] The reason: Rebbe Eliezer in the Mishneh ibid holds that the ash of a corpse does give Tuma. Furthermore, some Poskim rule that even according to Chachamim, the ash of a corpse is only considered to not give off impurity if it was burned while the person was still alive as it never had an opportunity to give off impurity, however, if it was burned after death, then since it gave off impurity prior to the burning, it’s ashes remain impure and may not be touched by a Kohen. [Shevet Shimon Chidushei Sugyos] Furthermore, some Poskim rule that ash of a corpse always gives off impurity being that it contains the Luz bone which is not able to be destroyed and from which the resurrection will occur and hence it is forbidden for a Kohen to defile himself to it. [Beis Yisrael p. 33, based on Lechem Hapanim 364] Practically, however, the Poskim negate the above claims, as it is clear from the wording of the Rambam ibid that ash never gives off impurity even if the corpse was burned after death as he previously states that flesh which disintegrates and becomes like flour is pure. Likewise, it is clear from the Talmud that the Luz bone does not give off impurity. [Sheilas Yaavetz ibid]

[41] Chelkas Yaakov Y.D. 217; Dibros Eliyahu ibid

[42] See Hamiaseif 9:17-13; Anei Shoham Inyanei Hageluyos Yimei Hazam p. 436; Sefer Emek Habacha 2; Chayeh Olam; Koveitz Beis Yisrael 211 p. 124