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Misva #375: The Prohibition of a Nazir's Entry Into a Building Where a Human Corpse is Present

Misva #375: The Prohibition of a Nazir's Entry Into a Building Where a Human Corpse is Present

FromSefer Hachinuch


Misva #375: The Prohibition of a Nazir's Entry Into a Building Where a Human Corpse is Present

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Jan 20, 2023
Format:
Podcast episode

Description

In discussing the laws relevant to a Nazir (a person who took the nazirite vow), the Torah commands, “Al Nafshot Met Lo Yabo” (Bamidbar 6:6) – a Nazir may not enter a tent or a building where a human corpse is present. The Gemara understands the formulation “Lo Yabo” (literally, “he shall not come”) as referring to “Bi’at Kulo,” a complete entry into the building. If the Nazir merely puts his nose, or his toes, into a building where a corpse is present, but not the rest of his body, then although he becomes Tameh (impure), he has not violated this command. The Sefer Ha’hinuch, in discussing this Misva, addresses the intriguing case of a Nazir who placed himself inside a closed box or container, and is then brought in the container into a building where a corpse is present. Since the container is closed, the Sefer Ha’hinuch writes, the Nazir is not considered to have entered the building, and so he has not violated the command. If, however, he then instructs somebody to open the top of the container, or if he expresses his consent to have the top removed, then at the moment the top is removed, he is considered to have entered the building, and thus violates this prohibition. The Sefer Ha’hinuch writes that the Nazir also violates the separate command forbidding a Nazir from becoming Tameh through contact with a human corpse even without entering a building where a corpse is present. If a Nazir entered such a building, or a cemetery, mistakenly, not realizing that he had entered a place where a corpse is present, then he must immediately leave, as quickly as he can, to avoid transgressing this prohibition. The Sefer Ha’hinuch writes that if the person unnecessarily lingers for the amount of time it takes to bow in the Bet Ha’mikdash, then he has violated this Biblical command. The likely reason why the Sefer Ha’hinuch mentioned specifically bowing in the Bet Ha’mikash is because of the resemblance between this case and the case of someone who mistakenly entered the area of the Bet Ha’mikdash in a state of Tum’a (impurity). Halacha in that case requires the person to immediately leave, and forbids lingering for the amount of time needed to bow. It seems that the Sefer Ha’hinuch here borrows the expression “Hishtahavaya Ba’Mikdash” (“bowing in the Mikdash”) from the context of the discussion of a person who entered the Temple in a state of impurity. (After all, it takes no more or less time to bow in the Bet Ha’mikdash than to bow anywhere else.) This prohibition applies in all places and all times – even nowadays, if somebody would declare himself a Nazir – and to both men and women, as both are able to become a Nazir. One who enters a tent or building where a corpse is present has violated this command and is liable to Malkut for violating a Torah prohibition through an action. In the case described above, where a person is brought into the building in a closed container and then has the top opened, it seems that he would be liable to Malkut if he performed an action, such as by gesturing to the person to open the top of the container (assuming the container was made from transparent glass or a similar material). Even this kind of action would likely suffice for the violator to be liable to Malkut.
Released:
Jan 20, 2023
Format:
Podcast episode

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