Sunday, October 18, 2009

Baba Basra 58a - Tumah on Mi'aras HaMachpeila

In the story with R' Bena'ah who marked off graves to make people aware of tu'mah, we find that it was necessary to even mark the graves of Avrohom and Adam, implying that they were me'tamei. Tosafos assumes that the only concern was tu'mah ohel but there wasn't any concern about physical contact with tu'mah. Therefore, Tosafos asks, Why should the graves of Avrohom and Adam be tamei? First of all, we follow R' Shimon in Yevamos 61a who says that goyim aren't metamei b'ohel because they are not called "adam" and therefore aren't included in the pasuk of אדם כי ימות באוהל. And even those who follow the Rabbonon, we have a rule in Nazir 54a that any deceased prior to the giving of the Torah isn't meta'mei b'ohel? Tosafos is forced to say that R' Bena'ah held that they are exceptions to the rule because the Torah explicitly refers to Avrohom and Adam as "adam". Therefore, they are included in the pasuk of אדם כי ימות באוהל. It seems from Tosafos that even R' Shimon who holds that goyim aren't metamei b'ohel would agree that they are exceptions to the rule since the torah explicitly refers to them as "adam".
The Ran (chiddushim) is bothered by the same question. However, the Ran assumes that even physical contact with the tu'mah could have been a concern (presumably, this is only a concern by people such as the Avos who would not have decomposed, but otherwise a bone less than the size of a barley kernel is not me'tamei). Therefore, the Ran is only troubled within those who hold that a kohen is even allowed to come into physical contact with the grave of a non-jew (assuming we paken like R' Shimon). The Ran answers (as does the Ramban) - מפני כבודן ציין דכיון דקבילו עלייהו תורה ומצות הרי הן כישראל. It seems from the answer of the Ran that tu'mah is associated with the kedusha of mitzvos. Only those who are included in mitzvos, have the void that creates tu'mah upon their death. Therefore, people who were careful to keep Torah even prior to the receiving of the Torah, have the kedusha of klal yisroel, so that when they die they are me'tamei b'ohel. This will explain why Avrohom and even his descendant (who the Ramban in chumash assumes also kept the torah) were me'tamei b'ohel. It would also imply that Adam kept the Torah as well, which is something that we don't find a source for.
Whether we follow Tosafos or the Ran, a kohen should not be allowed to enter me'aras ha'machpeila. But, regarding kever rachel, it seems that Tosafos and the Ran would disagree whether or not we allow a kohen to enter.

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