Kivrei Tzaddikim - Kohanim

Although Kohanim are forbidden to have any contact with a dead body or to even be in close proximity to a grave, there are those who nevertheless choose to visit kivrei tzaddikim, graves of righteous individuals. This halachically problematic conduct is based on a number of unusual narratives. For example, the Midrash relates that Eliyahu Hanavi, who was a Kohen, carried the body of the murdered Rabbi Akiva upon his shoulders for burial. When he was asked by Rabbi Yehoshua Hagarsi how he could do such a thing considering that he was a kohen, Eliyahu responded that "the righteous, [tzaddikim] do not become impure upon death". [1]

There are also other passages that have led Kohanim to believe that it is permitted to visit the graves of righteous individual. We are taught that Moshe Rabbeinu was considered to be a Kohen for certain matters particularly with regards to the ban on being in contact with the dead. Nevertheless, we find that Moshe tended to the body of Yosef![2] In fact, those who carried Yosef's coffin were rendered impure and as a result were unable to offer their Korban Pesach along with everyone else.[3] e assSo too, Elisha, who was in fact the Kohen Gadol, went to heal and revive the dead son of the Shunamit woman.[4]

Based on these and other similar teachings, there have been authorities in the past who ruled that Kohanim may attend the funerals of great tzaddikim or to visit their gravesites.[5] Nevertheless, it is the consensus of virtually all contemporary authorities that the halacha is not in accordance with this view.[6] As such, Kohanim who visit sacred sites such as Ma'arat Hamachpela and Kever Rachel[7] are not conducting themselves appropriately.[8] In fact, the Gemara explicitly states that even the graves of the Patriarchs impart the same impurity upon Kohanim as all other graves.[9] Rav Avraham Yitzchak Kook, who was a Kohen, would not enter the Ma'arat Hamachpela and similar sites.[10]

There are a number of reasons why Kohanim are forbidden to visit kivrei tzaddikim even though we have seen grounds to suggest otherwise. First of all there is a general rule that we may not derive halachic rulings from Midrashic texts. Furthermore, regarding the case of Eliyahu which was cited above, some commentators explain his surprising behavior by suggesting that he was permitted to involve himself with Rabbi Akiva's burial because Rabbi Akiva had the status of a "met mitzva" - a dead body with no one else to tend to its burial needs. In fact, even the Kohen Gadol is permitted to defile himself in order to assist with the needs of a dead body in the event that there is no one else who is able to do so.

Alternatively, there is an opinion that Eliyahu Hanavi was not a Kohen, at all.[11] Similarly, it is suggested that the events regarding Moshe and Elisha were also considered to be exceptional situations of met mitzva. It is also noted that Elisha went to the dead boy in an attempt to revive him and, as is well known, saving a life supersedes almost all the other mitzvot of the Torah.[12]

There is yet another possible source for the confusion surrounding the permissibility of a Kohen visiting kivrei tzaddikim. In ancient times a Kohen was permitted to defile himself in order to attend the funeral of the Nassi – the supreme leader of the Jewish people. However, the office of Nassi no longer exists today.[13] Although there are those who have suggested that the leading rabbis of every generation should be awarded the status of "Nassi", which would allowing Kohanim to attend their funerals, this opinion has never been accepted as halacha.[14]

It emerges from this discussion that the only time a Kohen is permitted to defile himself remains for his seven closest relatives and only to attend their funeral. It does not even extend to future grave visitations. It is interesting to note that according to most authorities it is permissible for a Kohen to visit places such as Yad Vashem, including the "Ohel Yizkor" which houses cremated ashes, as such human remains do not transmit impurity.[15]

[1] Pitchei Teshuva, YD 372:2; Mishlei Rabba 9; Sefer Hachinuch 263.

[2] Shemot 13:19.

[3] Sukka 25b.

[4] 2 Melachim 4.

[5] Minchat Elazar 3:64; Bikurei Yosef, YD 20; Mayim Chayim 2:68; Ramban, Yevamot 61b; all cited in Kum Hithalech Ba'aretz.

[6] Kitzur Shulchan Aruch 202:14; Elef Hamagen, OC 581:111; Mishne Halachot 6:206; Shevet Halevi 10:228; Mayim Chaim 2:68.

[7] There exists a tradition that Kever Rachel was constructed in a manner that would permit the entry of Kohanim. There are also similar theories regarding Ma'arat Hamachpela and the Tomb of Rabbi Shimon bar Yochai. Nevertheless, most authorities are of the opinion that these oral traditions are halachically inadmissible. See Kum Hithalech Ba'aretz p.177, p. 199, and p.275 for more on this.

[8] Yechaveh Daat 4:58; Shraga Hameir 1:34; Tzitz Eliezer 10:1:9:44.

[9] Bava Batra 58a

[10] Sheilat Shlomo 3:328.

[11] Teshuvot Harosh 30:1, Bereishit Rabba 71,99

[12] Tosfot, Bava Metzia 114b.

[13] YD 374:11.

[14] Beit Yosef, YD 371; Bach, YD 371. See also Tirosh V'yitzhar 100; Yechaveh Daat 4:58.

[15] Bemareh Habazak 5:102; Kum Hithalech Ba'aretz (Tzion) p.161.