¹ For all [the nearest of kin] for whom a kohen defiles himself as commanded in the Torah² [a mourner must observe mourning], viz. for his father, mother, son, daughter, brother, sister and wife.³ R. ‘Aḳiba said: For relatives in the second degree⁴). In Sonc. ed., p. 130, n. 7 the enumeration is grandfather, grandmother, grandchildren and the brothers and sisters of parents. he observes the periods of mourning and grieves,⁵ [but should he be a kohen] he does not defile himself.

footnotes: ¹ Cf. M.Ḳ. 20b (Sonc. ed., p. 130). ² Lev. 21, 2f. ³ So GRA and H. V reads ‘wife and sister’. ⁴ i.e. his grandfather, grandchildren and nephews (Rashi to M.Ḳ. loc. cit. ⁵ While waiting for the funeral to take place; cf. Rule 19 below.

R. Simeon b. Eleazar said: He mourns for his father’s father and son’s son.⁶ But the Sages said: For whomsoever he mourns he should mourn with, and for whomsoever he does not mourn, he does not mourn with.⁷ If there is a doubt whether [the deceased] is a brother or not⁸ or whether he is his son or not, he mourns and grieves for him, but [if he is a kohen] he does not defile himself for him.

footnotes: ⁶ R. Simeon either interprets that R. ‘Aḳiba excludes the daughter’s son and the sister’s son, or differs from him in that he holds that one mourns only for these two relatives in the second degree. ⁷ As one mourns in sympathy with one’s father on the death of his father, so should a father mourn with his son on the death of the latter’s son. ⁸ Where the identity of the child at birth or in infancy became confused. j.Yeb. XI, 7, 12a cites an actual case.

For his betrothed wife one does not mourn, grieve,⁹ or [if a kohen] defile himself.¹⁰ (Lev. 21, 2). The betrothed woman does not come in this category and the divorced wife has lost that status (cf. Sanh. 28b, Sonc. ed., p. 171). See also Yeb. 22a (Sonc. ed., p. 132), 29b (Sonc. ed., p. 183). For his divorced wife, although he had children by her, he does not mourn, grieve, or [if a kohen] defile himself.

footnotes: ⁹ ‘Or grieve’ is added by GRA and H. ¹⁰ The duty of mourning, etc., for a wife devolves upon the husband only when she can be termed his kin

Which is [the period of] ‘grieving’? From the day of the death until the day of the burial, according to R. Meir; but the Sages said: ‘Grieving’ is only for one day.¹¹ If a High Priest is married to a widow or an ordinary kohen to a divorced woman or one freed¹². 2 (priests in general) and ibid. XXI, 11 (the High Priest). Cf. Yeb. 90b (Sonc. ed., p. 616), ‘but he may not defile himself for his unlawful wife’. from levirate marriage, he mourns and grieves for her but does not defile himself.

footnotes: ¹¹ Cf. Zeb. 100b (Sonc. ed., pp. 483f). ¹² Although such marriages are forbidden (Lev. 21, 7, 14, the levirate woman being treated in Rabbinic law as a divorced woman), yet if contracted they are valid; but being irregular, they come under the prohibition of ibid

For his betrothed sister, R. Meir said that [a kohen] defiles himself. R. Judah and R. Simeon said that he does not.¹³, betrothal being a form of marriage; cf. Yeb. 60a (Sonc. ed., pp. 400f).

footnotes: ¹³ Lev. 21, 3, and for his sister a virgin

For [his sister who was] ‘wounded’,¹⁴ R. Judah said that [a kohen] defiles himself. R. Meir and R. Simeon said that he does not. For a woman who was raped or seduced, all agree that [a kohen] does not defile himself. For an adolescent,¹⁵ all agree that he defiles himself.

footnotes: ¹⁴ lit. ‘struck by wood’, viz. one who lost her hymen as the result of a blow; Yeb. loc. cit. ¹⁵ i.e. over the age of twelve years and six months.

The general principle laid down by R. Simeon is: He defiles himself for any one who is eligible [to marry] a High Priest, but may not defile himself for one who is not eligible [to marry] a High Priest.

Of all those regarding whom they said that a kohen defiles himself, the defilement is not voluntary but obligatory. R. Simeon said: It is voluntary. R. Joshua said: It is obligatory.¹⁶ [E.V. may he defile] himself (Lev. 21, 3) is to be understood as an obligation; cf. Zeb. 100a (Sonc. ed., p. 480).

footnotes: ¹⁶ The phrase for her he defiles

It is related of Joseph, a kohen, that his wife died on the eve of Passover and he would not defile himself for her. His colleagues pushed him¹⁷ and defiled him forcibly. Defilement is not voluntary but compulsory.

footnotes: ¹⁷ He forced him to make contact with the corpse; Zeb. loc. cit.

Until how long is it one’s duty to defile himself for her? R. Meir said: The whole of that day;¹⁸ R. Judah said: Up to three hours. R. Judah said in the name of R. Ṭarfon: Until the top stone closes the grave.¹⁹

footnotes: ¹⁸ i.e. of the death. The funeral generally took place on the same day. ¹⁹ Cf. Nazir, Sonc. ed., p. 202, n. 5.

It is related that when R. Simeon b. Yehoẓadaḳ died in Lydda, his brother Joḥanan came from Galilee to defile himself for him after the top stone had closed the grave. They went and inquired of the Sages who said: He may not defile himself, but open the grave for him that he may view [the body].

It is related²⁰ of a boy²¹ that he willed away his property to strangers and left his family out. They protested saying, ‘Let [his body] be examined’.²² They went and inquired of the Sages who said, ‘The body may not be examined; after the top stone has closed the grave, a corpse may not be moved from his place’. Another explanation is: Since he is dead, his hair has undergone change.²³

footnotes: ²⁰ Cf. B.B. 154a (Sonc. ed., p. 669). ²¹ A minor under thirteen years and one day, who could not legally dispose of his property. ²² i.e. let the body be exhumed and his age ascertained from the presence or absence of signs of puberty. ²³ Therefore the examination cannot produce decisive evidence of age.

An ordinary kohen who defiled himself for his near kin may not defile himself for strangers even on the same day.²⁴ This rule applies only when there are sufficient to carry the bier and bury him, but if there are not sufficient to carry the bier and bury him, then he must defile himself.²⁵ (v. Glos.). Should he have defiled himself and sufficient people come to carry the bier and bury, he must withdraw to a place of cleanness.

footnotes: ²⁴ Cf. Nazir 42b (Sonc. ed., pp. 154f). ²⁵ Then it is a case of meth miẓwah

Should there be two roads [for his return from the cemetery] one short but [ritually] unclean and one long but [ritually] clean, if the other persons take the longer road he should go with them; and if they do not, he should take the unclean road out of respect for the people.²⁶

footnotes: ²⁶ This is the reading of H.V has ‘respect for the Name’.

While he stands and buries his dead he may, during the time he is standing in the grave, receive [a body] for burial from others;²⁷ but once he has withdrawn from the grave he may not defile himself.

footnotes: ²⁷ As he is engaged in burying his dead, the new burial merely prolongs his uncleanness; cf. Nazir 42b (Sonc. ed., p. 155).

If he defiles himself [for a stranger] on the same day [as for another], R. Ṭarfon deems him culpable, but R. ‘Aḳiba frees him from culpability. If he defiles himself the next day, all are agreed that he is culpable, because he has rendered one day [of his mourning] void.²⁸

footnotes: ²⁸ i.e. he has to begin afresh the seven days of mourning.

A kohen must defile himself for his near kin even when they have a disqualification;²⁹ for his son and daughter who are Nethinim³⁰ or illegitimate;³¹ for his brother and sister who are Nethinim or illegitimate; but not for any issue he may have from a slave or a non-Jewess (nor from the issue he may have from another source).³²

footnotes: ²⁹ If they are his children by marriage to a divorced woman, etc. (cf. Lev. 21, 7). ³⁰ The name given to the descendants of the Gibeonites whom Joshua made hewers of wood and drawers of water (Josh. 9). ³¹ The issue of an incestuous marriage. ³² The clause in brackets is omitted by GRA. It may, however, refer to the issue of one who left the community.

If there is a doubt whether [the deceased] is his brother or not or whether he is his son or not, he mourns and grieves but [if a kohen] he does not defile himself.³³

footnotes: ³³ Repeated from the latter part of Rule 2, and Rule 19 is repeated from Rule 4.

How long is [the period of] ‘grieving’? From the day of the death until the day of the burial, according to the view of R. Meir; but the Sages said: ‘Grieving’ is for one day only.

A High Priest who defiles himself for the dead, lets the hair of his head go loose, or rends his garments,³⁴ receives forty lashes.³⁵

footnotes: ³⁴ Cf. Lev. 21, 10. ³⁵ Cf. Tosiftha Mak. IV, 17.

Any defilement contracted by a Nazirite from the dead and for which he must shave his head,³⁶ if contracted by a High Priest he receives forty lashes for it; but [for those defilements for which] the Nazirite has not to shave his head, [if contracted by a High Priest], he does not receive forty lashes.³⁷

footnotes: ³⁶ Cf. Num. 6, 9. ³⁷ Cf. Nazir 49b (Sonc. ed., p. 184). If, e.g., the Nazirite came in contact with a corpse or the flesh of a corpse of the size of an olive.

A High Priest³⁸ who defiles himself or enters a cemetery receives forty lashes.

footnotes: ³⁸ This Rule virtually repeats Rule 20 and is deleted by GRA.

If [a kohen] entered³⁹ the residence of non-Jews⁴⁰ or the territory of Gentiles⁴¹ or a beth happeras⁴² denotes ‘half’ the length of a furrow. A beth happera is defined by Jastrow as ‘an area of a square peras, especially a field, of a square peras, declared unclean on account of crushed bones carried over it from a ploughed grave’. or goes outside the land [of Israel],⁴³ he receives punishment for disobedience.⁴⁴

footnotes: ³⁹ So GRA and H. V reads ‘although they entered’. ⁴⁰ Who do not conform to the laws of uncleanness and he is therefore liable to contract defilement. ⁴¹ i.e. a district in Palestine which is inhabited only by non-Jews. ⁴² The noun peras ⁴³ Where the laws of uncleanness are not observed by the inhabitants. ⁴⁴ Unlike the forty stripes which is the punishment for certain offences, this penalty is left to the discretion of the Court and is consequently a Rabbinical form of punishment.

If he enters a field wherein [the location of] a grave had disappeared, he is not culpable unless he traverses the whole of it.⁴⁵

footnotes: ⁴⁵ Then he must have come in contact with it.

A kohen may defile himself by going outside the land [of Israel] for the purpose of [dealing with a non-Jewish Court in] a civil suit or a capital charge, to announce the new moon or intercalate the year, or to rescue his field from a non-Jew, even if he only goes to protest [against his taking possession of it].⁴⁶

footnotes: ⁴⁶ Cf. ‘A.Z. 13a (Sonc. ed., p. 66).

⁴⁷. [He may go outside the land of Israel] to study Torah or to take a wife. R. Judah said: If he has nowhere else to study he may so defile himself, otherwise he may not. R. Jose said: Even though he has elsewhere to study he may defile himself, because no one is so meritorious as to be able to learn Torah from any man. It is related of Jose the Babylonian that he defiled himself by going outside the land [of Israel to study Torah] with R. Jose in Zidon.⁴⁸

footnotes: ⁴⁷ ibid ⁴⁸ In Phœnicia.

⁴⁹ A kohen must defile himself for [the burial of] a bone from his father’s [corpse] of the size of a barleycorn,⁵⁰., p. 159, n. 2). but he may not defile himself for a limb severed from a living person be it even that of his father. R. Judah said: At first [a kohan] may not defile himself for a limb severed from a corpse, be it even that of his father.

footnotes: ⁴⁹ The text of this Rule is in disorder and the translation follows the text of GRA. ⁵⁰ Cf. Nazir 43b Sonc. ed

It is related of Joseph [the son of] Pisḳas⁵¹ who had a swelling on his foot that a doctor came to remove it. He said to him, ‘When you have left as much as a single hair, tell me’. He cut the abscess, and when he had left only as much as a single hair,⁵² he informed him. He called his son Neḥunia and said to him, ‘My son, until now it was your duty to attend to me, but now go your way; for the Sages said, “One must not defile himself for a limb that was severed from a living person, even if it be his father’s” ’.⁵³. When the Sages heard of it they said, ‘Of such a man as he it has been stated, *My soul is continually in my hand; yet have I not forgotten Thy law;*⁵⁴ [and it further states,] There is a righteous man that perisheth in his righteousness⁵⁵. *and there is a wicked man that prolongeth his life in his evil-doing.’*⁵⁶

footnotes: ⁵¹ Cf. j.Nazir VII, 1, 55d. The text here is corrupt and the reading of GRA which agrees with the Talmud is followed. ⁵² i.e. the swelling was hanging from the foot as by a hair. ⁵³ Joseph was a kohen ⁵⁴ Ps. 119, 109. ⁵⁵ Although Joseph was in danger of dying under the operation, he remembered to warn his son of the law of defilement which devolved upon a kohen ⁵⁶ Eccl. 7, 15.

If he found a meth miẓwah, he must attend to him and bury him. Which is a meth miẓwah.? When [he who finds the body] cries out and the inhabitants of the city cannot hear his voice; but if they can hear his voice, it is not a meth miẓwah.⁵⁷

footnotes: ⁵⁷ Yeb. 89b (Sonc. ed., p. 610), Nazir 43b (Sonc. ed., p. 158).

[The body remains] a meth miẓwah until sufficient people arrive to carry the bier and bury him; but once there are sufficient to carry the bier and bury him it is no longer a meth miẓwah. [45b]

If a High Priest⁵⁸ and a Nazirite [found a meth miẓwah], R. Eliezer said that the High Priest should defile himself and not the Nazirite, because the latter must offer a sacrifice on his defilement⁵⁹ whereas the former does not. But the Sages said: The Nazirite should defile himself even if he has to bring a hundred sacrifices, and let not the High Priest⁶⁰’. defile himself, because the one is consecrated from the womb and the other is not,⁶¹ and the consecration of the one is temporary⁶² and that of the other permanent.

footnotes: ⁵⁸ So GRA in agreement with Nazir VII, 1 (Sonc. ed., p. 177). ⁵⁹ Num. 6, 9ff. ⁶⁰ So H; V reads ‘an ordinary kohen ⁶¹ A man becomes a Nazirite by choice. ⁶² For the term of his vow.

⁶³ All are agreed that [in the case of the High] Priest anointed with the oil of anointing⁶⁴ and [the High Priest robed] in many vestments,⁶⁵, p. 64. the latter must defile himself.⁶⁶ devolves upon him. As between a [High Priest robed] in many vestments and a deputy [High Priest] who had been anointed,⁶⁷ who acted as deputy of the High Priest when disqualified by uncleanness to officiate. When the High Priest returned to duty, the deputy did not revert to the rank of ordinary priest but retained the status of a High Priest with all the privileges of that office with two exceptions (cf. Meg. I, 9, Sonc. ed., p. 51). He was known as kohen she‘abar. See J. Rabbinowitz, Mishnah Megillah, p. 65. the latter must defile himself. As between a deputy [High Priest] and a memunneh,⁶⁸, the deputy High Priest; cf. Sanh. 19a (Sonc. ed., p. 97, n. 1). the latter must defile himself. As between a memunneh and a kohen anointed for war,⁶⁹ the latter must defile himself. As between a kohen anointed for war and an ordinary kohen, the latter must defile himself.⁷⁰ As between an ordinary kohen and a Levite, the Levite must defile himself.⁷¹ As between a Levite and a lay-Israelite, the latter must defile himself.⁷² If, however, the two [who find a meth miẓwah] are of equal status, the quicker of the two must defile himself; and if the two of them are [equally] quick, then whichever of them wishes to do so should defile himself.

footnotes: ⁶³ For the varying degrees of sanctity indicated in this Rule, cf. Nazir 47a (Sonc. ed., p. 177). The translation follows the emended text of GRA. ⁶⁴ All High Priests, beginning with Aaron, were consecrated with oil. During the reign of Josiah this ceremony ceased because the king had concealed the flask of special oil used for the ceremony (Hor. 12a, Sonc. ed., p. 85). ⁶⁵ During the Second Temple the High Priest was not anointed, and was only distinguished from the ordinary priests by wearing a larger number of vestments when officiating, eight as against their four. Hence he was designated ‘in many vestments’; cf. J. Rabbinowitz, Mishnah Megillah ⁶⁶ He being of lower sanctity, the duty of attending to a meth miẓwah ⁶⁷ A kohen ⁶⁸ Superintendent of the Temple Service, identified with the Segan ⁶⁹ A priest appointed to accompany the army into battle (Deut. 20, 2; cf. Soṭah VIII, 1, Sonc. ed., p. 207). ⁷⁰ Because the law against defilement exempts him in other contingencies (Lev. 21, 2f). ⁷¹ Because the Levite is under no restriction in this matter. ⁷² Since the Levite would be precluded from attending to his duties in the Temple for a period.

If they found [the body] between a ploughed field and a fallow field, they bury him in the fallow field;⁷³ between a ploughed field and a field sown with seeds, they bury him in the ploughed field; between a field sown with seeds and an orchard, they bury him in the field sown with seeds; between an orchard and a vineyard,⁷⁴ is the reading of GRA and H in agreement with j.Nazir VII, 1, 56b. they bury him in the orchard. If both are alike, they bury him in the nearer of the two; and if they are equidistant,⁷⁵ they bury him in whichever of them they desire.

footnotes: ⁷³ To interfere as little as possible with agriculture (B.Ḳ. 81b, Sonc. ed., pp. 463f). ⁷⁴ Kerem ⁷⁵ So H; V incorrectly ‘and if they are not alike’.

R. ‘Aḳiba said: This was the beginning of my ministration⁷⁶. before the Sages. I once went out early and found the body of a man who had been killed. I took charge of him for a distance of three Sabbath-limits⁷⁷ until I brought him to a place of burial and buried him. When I came and discussed the matter before the Sages, they said to me, ‘For each step you took it will be accounted to you as if you had committed murder’.⁷⁸ I then argued from the less to the greater as a result of my experience:⁷⁹, and the last word of the chapter is again changed to tashmishi. The text of V is in disorder. if when I intended to perform a meritorious act I rendered myself culpable, how much more so if I had not intended to perform a meritorious act!’ Whenever a person repeated this incident before R. ‘Aḳiba, he exclaimed, ‘This was the beginning of my ministration [before the Sages]’.

footnotes: ⁷⁶ H in conformity with j.Nazir VII, 1, 56a reads tashmishi ⁷⁷ A Sabbath-limit is two thousand cubits. ⁷⁸ He should have buried the corpse on the spot; B.Ḳ. 81a (Sonc. ed., p. 459). ⁷⁹ The next sentence is translated from the text of j.Nazir loc. cit.