Siman - Moed Katan Daf 7
- Machlokes whether a Kohen examines a nega on Chol HaMoed
The next Mishnah states: Rebbe Meir says: רואין את הנגעים להקל אבל לא להחמיר – A Kohen may look and examine a nega tzaraas on Chol HaMoed to be meikel but not to be machmir. Rashi explains that if the Kohen sees that he is tamei he should not say anything, because if he declares him tamei he will cause the person distress, and the Torah says, ושמחת בחגך – and you should rejoice on your Chag. But the Chochomim say: לא להקל ולא להחמיר – A Kohen may not examine at all, neither to be meikel nor machmir. They hold that the Kohen who examines a nega must make a ruling and if he were to examine it in order to be meikel, he might end up having to be machmir.
- The machlokes is specifically in the case of someone at the end of their second הסגר
The Gemara brings a Baraisa with a similar machlokes between Rebbe Meir and Rebbe Yose, where Rebbe Meir says that the Kohen can look at the nega to be meikel, and Rebbe Yose holds like the Chochomim, that the Kohen should not examine the nega on Chol HaMoed. Rava qualifies the machlokes. In a case where the person was never examined by a Kohen, they both agree that he should not be checked, because a decision can only worsen his situation. They also agree that if a person is בהסגר ראשון – his first confinement, he should be examined, because an examination can possibly improve his situation if he is rendered tahor. They disagree only in the case of someone at the end of his second confinement, where his situation will improve if he is tahor and worsen if he is tamei, as he will then be distressed on becoming aמצורע מוחלט . Rebbe Meir holds, בכהן תליא מילתא – that the determination of becoming a מצורע מוחלט is dependent on the Kohen’s decision. If he is tahor, the Kohen tells him, “Tahor,” and if he is tamei then שתיק – the Kohen is silent, which prevents the person from being declared a מצורע מוחלט. Rebbe Yose holds that the Kohen cannot remain silent, for the passuk states, "לטהרו או לטמאו" – to declare it, the nega, tahor or to declare it tamei. Therefore, the Kohen should not examine the nega on Chol HaMoed for he might be forced to declare the person as a מצורע מוחלט.
- Sources that becoming a metzora is dependent on the Kohen’s declaration
The Gemara brings a Baraisa to prove that becoming a metzora is dependent on the Kohen’s ruling, for it was taught that the passuk states: "וביום הראות בו" – but on the day that the healthy flesh is observed in it, it shall be tamei. This implies that there is a day in which the Kohen examines the tzaraas and there is a day in which the Kohen does not examine it. From here we learn: חתן שנולד בו נגע נותנין לו שבעת ימי המשתה – A chosson who develops a nega, we give him the seven days of his wedding celebration before examining it. לו ולביתו ולכסותו – We give the chosson this allowance as well as for his house and clothing. Similarly, if someone develops a nega before a regel, we give him seven days of the chag before examining it, these are the words of Rebbe Yehudah. Rebbe said we do not need this derasha, for the passuk states: "וצוה הכהן ופנו את הבית" – The Kohen shall command, and they will clear the house. This is done to prevent financial loss if the contents were there when it was declared tamei. אם ממתינים לו לדבר רשות כל שכן לדבר מצוה – If we delay the inspection for him for a discretionary matter, to avoid financial loss, then all the more so we should postpone the inspection for a dvar mitzvah.
