Nazir - Daf 43
- How טומאה and ביאה can occur simultaneously
On the previous Daf, Rabbah quoted Rav Huna as saying that although a nazir would not receive malkos for a repetitive tumah, he would for ביאה – entering an ohel of tumah. The Gemara asked, that just as he is not liable for a second tumah which does not increase his tumah level, why would he be liable for entering an ohel while already tamei? Even if he was tahor when entering, he always becomes tamei before he “enters” the ohel, no matter how he enters, since most of his body must be inside to be deemed “entering”!? Rav Pappa answers: כגון שנכנס בשידה תיבה ומגדל – It is a case where he entered the cemetery in a carriage, trunk, or closet, protecting him from tumah, ובא חבירו ופרע עליו את המעזיבה – and his friend came and removed the roof, דטומאה וביאה בהדי הדדי קאתיין – whereby the tumah and entry occur simultaneously. Rishonim add that he must have assisted in the removal of the roof to receive malkos. Mar bar Rav Ashi answers: כגון דעייל כשהוא גוסס – It is a case where he entered [an ohel] while someone there was dying, ונפק נשמתיה אדיתיב – and his soul left him while [the nazir] was sitting there, דטומאה וביאה בהדי הדדי קאתיין – whereby the tumah and entry occurred simultaneously.
- Source that tumah is not transmitted until death, and machlokes about גוסס
A Baraisa states: "להחלו" – The phrase “to profane himself” teaches עד שעה שימות – a Kohen is not forbidden to come in contact with a man until the moment he dies, because only then does he transmit tumah. Rebbe darshens a different passuk: "במותם" "יטמא" עד שימות – In their death he may [not] contaminate himself,” which teaches that a nazir is not prohibited in contact with a man until he dies. Rebbe Yochanan says there is no practical difference between the Tannaim; they merely argue about the source. Reish Lakish says: גוסס איכא בינייהו – They argue about a dying man. Although he cannot be classified as “dead,” he can be included in "להחלו" since he can be called a חלל – a slain person (since most גוססים die). The Gemara asks from a Mishnah which clearly states that a person is not metamei until he actually dies, and answers that although tumah is not transmitted, the Kohen still “profanes” himself by coming in contact with a גוסס.
- A Kohen may not become tamei for a relative whose body is not complete
Rav Chisda quoted Rav: נקטע ראשו של אביו אינו מטמא לו – If [a Kohen’s] father’s head was cut off, he cannot become tamei for [his burial]. His reason is because the passuk says, "לאביו" – for his father, which implies בזמן שהוא שלם ולא בזמן שהוא חסר – only when [the father’s body] is whole, but not when it is deficient. Rav Chisda agrees, however, if no one else is available, the son may bury his father, despite being a Kohen, because of the halachah of מת מצוה, a corpse with no one [else] to bury it. The Gemara challenges Rav Chisda from a Baraisa, which teaches that although a Kohen may not become tamei for his relative’s severed limb, אבל מחזיר הוא על עצם כשעורה – but he may return for a bone the size of a barley grain (although it is able to be metamei), in a case where he already became tamei when burying his father. This shows that he may become tamei for his father’s body which was missing a piece of the bone!? The Gemara answers that this Baraisa follows the opinion of Rebbe Yehudah, who holds this way, but the Rabbonon disagree. A Baraisa is brought on the next Daf which supports this position.
