Sources and Reasoning:
The Prohibition upon Kohanim to Become Tamei through the Dead
Leviticus 21:1: “Hashem said to Moshe: Say to the Kohanim, the sons of Aharon, and say to them: None shall become tamei through a deceased person among his people.”
Further, ibid. verse 6: “They shall be holy to their G-d, and they shall not profane the name of their G-d, for they offer the fire-offerings of Hashem, the bread of their G-d; therefore they shall be holy.”
From these verses we learn that Kohanim are forbidden to become tamei through the dead. As Rambam wrote in chapter 3 of Hilchot Avel, halachot 1–3, this prohibition applies both to tumat maga and tumat ohel. This is Rambam’s wording there:
“Any Kohen who becomes tamei through a deceased person, other than the six deceased relatives specified in the Torah or his wife, in the presence of witnesses and after warning, is liable to lashes, as it is stated: ‘None shall become tamei through a deceased person among his people.’ This applies equally to one who touches a deceased person, is under the same ohel, or carries one; and equally to the deceased person itself and to all other forms of tumah that emanate from a deceased person, as it is stated: ‘None shall become tamei through a deceased person among his people.’ We have already explained in Hilchot Tumat Met all matters that convey tumah from a deceased person, whether by Torah law or rabbinic law.”
“Similarly, if he enters a tamei ohel into which tumah has entered, he is liable to lashes, even though the source of tumah itself is in another building,” etc., end quote.
Tur likewise wrote: “Say to the Kohanim, the sons of Aharon, and say to them: None shall become tamei through a deceased person among his people”—from here we learn that a Kohen is warned not to become tamei through a deceased person, nor through any tumah emanating from it; nor through a golel, which is the stone placed upon a grave as a marker; nor through a dofek, where the stone is sometimes supported by smaller stones, which are called dofek.
Shulchan Aruch, Yoreh De’ah 369, likewise rules: “A Kohen is warned not to become tamei through a deceased person, nor through any tumah emanating from it, nor through a golel, nor through a dofek, nor through a limb from a living person that is not sufficient to regenerate if it were still attached.”
Shulchan Aruch, Yoreh De’ah 371:1, likewise rules: “A Kohen is forbidden to enter beneath an ohel in which there is a deceased person, even if it is very large; and even into another building or upper room that opens into that building through an opening one tefach by one tefach, and from building to building indefinitely,” end quote.
The Prohibition of Tumah for Kohanim Today, When We Are All Temei Met
Nowadays, when we are all presumed to be temei met because we do not have the ashes of the Parah Adumah with which to become purified, the Rishonim disagreed whether Kohanim remain forbidden to become tamei through the dead. Ra’avad’s opinion is that nowadays a Kohen is not forbidden to become tamei through a deceased person, since he is already tamei. However, Rambam and most Rishonim disagree and maintain that even a Kohen who is already tamei met is forbidden by Torah law to become tamei through the dead.
See Chiddushei Rabbi Akiva Eiger, who explained that their disagreement is most extreme: according to Ra’avad, there is not even a rabbinic prohibition, whereas according to Rambam and most Rishonim, the prohibition is by Torah law.
Regarding practical halachah, Aruch HaShulchan and most poskim rule in accordance with Rambam, that even nowadays a Kohen is forbidden to become tamei through the dead, despite already being tamei met.
The Prohibition for a Kohen to Study Medicine When Training Requires Working with the Dead
In light of the above, the poskim wrote that Kohanim should not be permitted to study medicine where medical studies require dissecting deceased persons, touching deceased persons, or even merely being under the same ohel as deceased persons. This is so even though through these studies the Kohen may be able to save Jewish lives in the future. Nevertheless, at present, while studying, he has no permission to become tamei through a deceased person, because the situation is not currently considered pikuach nefesh.
As Noda BiYehudah, Mahadura Tinyana, responsum 210, wrote: there is no permission to disgrace a deceased person for the purpose of medical studies, because during medical studies the situation is not considered pikuach nefesh. Therefore, there is no permission to study on the bodies of deceased persons unless the deceased gave permission during his lifetime or the like.
Indeed, in the case under discussion, so long as the training does not require practicing and training on deceased persons, there is no reason to prevent a Kohen from undertaking these studies.
Although the medic may arrive at scenes where casualties must be treated and where there are also deceased persons, there is no halachic concern, since for pikuach nefesh one may become tamei through the dead.
See Chatam Sofer, Yoreh De’ah, responsum 338, who wrote that wherever there is even a safek sefeika of pikuach nefesh, a Kohen may enter for the purpose of saving a life.
May a Kohen Volunteer When Others Can Volunteer in His Place?
Despite the above, we must consider whether, where others can volunteer in the Kohen’s place, the Kohen may volunteer, or perhaps in such a case we should say that a Kohen has no permission to place himself in a rescue situation, since if he does not enter, others will enter in his place.
On this matter, I saw in Shevet HaLevi, vol. 3, responsum 164, that he cites a dispute among the poskim. Chatam Sofer, cited above, Yoreh De’ah responsum 338, maintains that where there are others who can save, a Kohen should not enter; whereas Nachalat Tzvi permits it even in such a case.
This is the wording of Shevet HaLevi there:
However, where other doctors who are not Kohanim are available, the opinion of Maran Chatam Sofer there is to be stringent, for the principle is that pikuach nefesh merely overrides the prohibition and does not render it entirely permitted; see there. In Nachalat Tzvi, by the author of Pitchei Teshuvah, on Yoreh De’ah there, it is obvious to him to the contrary, that even where another doctor is available, a Kohen doctor may treat the patient. His proof is from Yoreh De’ah 221:4 regarding one who is prohibited by a vow from benefiting from his fellow, who may nevertheless heal him because he performs a mitzvah. It is stated there in the name of the Jerusalem Talmud, Nedarim 4:2, that even where another doctor is available, it is permitted, because one does not merit to be healed by every person. Nachalat Tzvi noted Yoreh De’ah 195:17, where, if another doctor is available, a husband is forbidden to treat his wife, and wrote that he resolved this in his work. He concluded that here one may be lenient in any event, since there is no clear prohibition. These are the substance of his words. In our edition of Shulchan Aruch, Nachalat Tzvi is not found on section 195, and Pitchei Teshuvah questioned how Chatam Sofer did not take note of this ruling in Yoreh De’ah 221 in the name of the Jerusalem Talmud, permitting even where another doctor is available; if so, here too perhaps it may be permitted even where another doctor is available; see there.
Regarding practical halachah, Shevet HaLevi concludes that one should be stringent in accordance with Chatam Sofer, except in cases where the Kohen may be more expert. This is his wording in the conclusion of his responsum regarding a Kohen who wishes to volunteer for a particular Hatzalah organization:
Therefore, in our case: 1. Regarding joining that rescue group, due to the concern that over time he may come to violate the prohibitions of tumah applying to Kohanim, there is no prohibition at all, as Maran Chatam Sofer wrote there, that a Kohen may study the practice of medicine even though at some point this may lead to the overriding of his kedushat kehunah.
2. If there are other rescuers, we must be stringent in accordance with the aforementioned Chatam Sofer, especially regarding administering oxygen, where it is reasonable to say that the category of “one does not merit to be healed by every person” does not apply at all, since this is rescue work and not a specialized skill.
3. All this is where they are as proficient as the Kohen. But if there is even a doubt that the Kohen is somewhat more proficient and more skilled in rescue work than his fellow rescuers, it is obvious that he may enter to treat a dangerously ill patient, and there is also a mitzvah involved.
Therefore, regarding practical halachah, where additional volunteers are needed for the role of combat medic and there are not enough volunteers to fill this role, it is a mitzvah for the Kohen to volunteer. Likewise, where the Kohen believes that he is more proficient than others and can be more helpful and save more casualties than other people, it is a mitzvah for him to volunteer for this role. However, where others would volunteer in his place and work to save patients no less effectively than he would, there is a dispute among the poskim, and it is proper to be stringent.
Nevertheless, in every case, a Kohen who wishes to volunteer for such an organization must study the halachot of the prohibition of tumah for Kohanim, in order to safeguard himself: whenever there is no situation of pikuach nefesh, he must be careful not to touch a deceased person or even remain in the same building as a deceased person because of tumat ohel. Therefore, when entering a hospital as well, he must take note of any warning to Kohanim not to enter the hospital.
This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.
