Wednesday, December 12, 2007

kesubos 103b - R' Chaim Cohen would be metamei for Rabbeinu Tam

Tosafos quotes R' chaim cohen who has a pretty wild explanation of the statement "the day Rebbi died 'kedusha' ceased to exist". R' Chaim Cohen understands that kedushas kehuna was not applicable and kohanim were allowed to make themselves tamei to attend his funeral. Although Tosafos rejects this understanding and says that at most what could have been batul is tumah d'rabonon, R' Chaim Cohen seems to understand that there is some justification to be mevatel even tu'mah d'oraysa. Some understand this to be based on Tosafos Baba Metzia 114b that tzadikim are not metamei, but this would not fit the language so well since the implication is that the kedushas kehuna was batul but the tu'mah remained in tact. So, what is peshat in R' Chaim Cohen?
The Taz (o.c. 128:45) quotes a story with Rabbeinu Tam who allowed a kohen to serve him and justified his position by saying that there is no tu'mah nowadays. The Taz explains that serving Rabbeinu Tam was beneficial to the kohen "this is kedushaso", and that is the real reason that Rabbeinu Tam allowed him to do so, but did not want to say that because of humility.
The Meshech Chochma in Emor writes on this story:
וזה ברור, וכמו שכתב הט"ז דכהן שיצק מים לרבינו תם זו היא קדושתו, וקל וחומר אם במות רבי בטלה קדושה זו, כל שכן בחייו של רבינו יעקב
The footnotes on the Meshech Chochma (קופרמן) struggles with this "kal v'chomer" of the meshech chochma, and seems to have missed the point. Clearly, when the meshech chochma makes a reference to our gemara, he is doing so in light of the comment of R' Chaim Cohen. He understands that just at "זו היא קדושתו" is a justification to forgo "וקדשתו" and allow a kohen to serve a gadol, it is also the rationale to forgo the kedushas kehuna of not being metamei l'meis. Based on the story of R' Chaim Cohen we find that he would violate his kedushas kehuna to make himself tamei for Rabbeinu Tam after his death based on "זו היא קדושתו", certainly we can use this rationale to forgo kedushas kehuna to show respect to Rabbeinu Tam while he is alive. Granted, it is a wild understanding of R' Chaim Cohen, but i think it is clearly the approach that R' Meir Simcha Hacohen is taking.

1 comment:

Avi Lebowitz said...

An article from R' Aryeh Lebowitz on tzadikim being metamei or not:

http://www.bknw.org/pafiledb/uploads/Can%20A%20Kohein%20Visit%20Kivrei%20Tzadikim.pdf