Halakhah sobre Números 19:14

A few points need to be clarified before we begin our discussion. The Torah (Vayikra 21:1) forbids kohanim to come in contact with the dead. This restriction, however, applies only to male kohanim (Sotah 23b, cited by Rashi to Vayikra 21:1). Contact with the dead includes being in the same building as a dead body (Bemidbar 19:14). ²For a summary of whether this rule prohibits kohanim from entering hospitals, see Nishmat Avraham (2:209-210). For further discussion of this issue, see Techumin (19:323-334). Although children are not personally obligated to observe this restriction, adults cannot deliberately cause even the youngest of kohanim (even an infant) to come in contact with a dead body (Mishnah Berurah 343:3 and Aruch Hashulchan Y.D. 373:1).

A corpse defiles by means of tactile contact and also, as stated in Numbers 19:14, defiles persons, vessels and artifacts present within the same tent. Moreover, as recorded by Rambam, Hilkhot Tum'at Met 1:10, persons and implements directly above or below a corpse also become defiled. Such defilement occurs regardless of the distance between the person or object and the corpse because a corpse defiles ad coelum et ad infernos unless there is an interposition (ḥazizah) consisting of an object not subject to defilement.³For sources of the position that even an object or substance subject to defilement may serve as an interposition when actually shaped as a tent, see Rambam, Hilkhot Tum’at Met 13:4; Rash (Rabbenu Shimshon), Rosh and R. Ovadiah Bartenura, Oholot 8:1; as well as Mishnah Aḥaronah, Oholot 8:1 and Oholot 7:2. See also Ḥazon Ish, Oholot 9:13. Cf., Pnei Yehoshu‘a, Shabbat 19b. The Gemara, Hullin 125b, records a controversy with regard to whether defilement occurring in such fashion is in the category of tactile defilement or whether the basis of that defilement lies in the fact that the person or the object, regardless of its size, has in effect formed itself into a "tent" over the corpse.⁴As will be noted subsequently, there is yet a further ramification of the defilement occasioned by a tent: If the object overhanging the corpse is at least a square tefaḥ in area and there is a space of a cubic tefaḥ between the object and the corpse, the object acquires the status of a “tent” with the result that persons and implements beneath any part of the overhanging object become defiled. Rabbenu Tam, Sefer ha-Yashar, no. 275, explains that the rule providing that a tent serves as an interposition preventing defilement from ascending ad coelum is based upon the verse "every one that comes into the tent and every thing that is in the tent shall be unclean seven days" (Numbers 19:14). The import of the text is twofold in nature: a) a tent serves to impart defilement to everything under its roof; and b) it serves to prevent defilement from extending beyond its confines.

(Zayin) There is still more. This [required] study must be from love, such that he not use this trait for anything else at all, ‘but rather his desire is for the Torah of the Lord.’ And these are the words of the Midrash Tanchuma, Noach 3:4-7:
The Israelites did not accept the Torah until the Holy One, blessed be He, arched the mountain over them like a vessel, etc. If you should say it was because of the Written Law, isn’t it true that as soon as He said to them, “Will you accept the Torah,” they all responded (Exod. 24:7), “We will do and hear?” … But rather He said this to them because of the Oral Law, etc. And its jealousy is as harsh as Sheol.²⁸The pit, usually a reference to the nether-world. One does not study the Oral Law unless he loves the Holy One, blessed be He, with all his heart, etc., as it is stated (Deut. 6:5), “And you shall love, etc.” Whence do you learn that this word, “love,” refers only to studying the [Oral Law]? Observe what is written after this (Deut. 6:6): “And these words which I command you this day shall be upon your heart.” And what study is upon the heart? Scripture (Deut. 6:7) states [immediately thereafter], “And you shall review it to your children.” [Hence] this is the study that requires review (i.e. the Oral Law). We learn from these verses that the first part of the Shema (Deut. 6:4-9) does not mention a reward given in this world, while the second part does: “And if you shall hearken diligently, etc., I will give the rain of your land in its season” (Deut. 11:13). This reward is given to those who perform the commandments even though they neglect study [of the Oral Law], etc. As anyone who loves material riches and earthly pleasures is incapable of studying the Oral Law. [This is because] there is considerable anguish and sleeplessness in (store for him who studies) it; one wastes and neglects himself on its account. Therefore its reward is in the hereafter, as it is said (Isaiah 9:1), “The people that walk in darkness have seen a great light,” etc. Therefore the Holy One, blessed be He, established two academies (at Sura and Pumbeditha) for the Israelites where they studied the Torah day and night and where they assembled from all parts of the world twice each year – in the months of Adar and Elul. They came together to “battle” the problems encountered in the Torah until they had resolved them and reached a definitive decision concerning the law. [See there, as it is lengthy.]
And [the Rabbis] said in the Midrash that the Holy One, blessed be He, forced us [to accept the Oral Law] by arching the mountain, such that the Torah would not be severed from us forever. As with a [woman] forced [to have sexual relations], it is written (Deut. 22:19), “he may not send her away all of his days.”²⁹See the next paragraph and note 34. Also the manna that they ate in the wilderness was [given] with this intention. As it is written in Maggid Mesharim of Beit Yosef (R. Yosef Karo), that the manna that the Israelites ate was necessary in order [for them] to receive the Torah without any choice. And these are the words in Yalkut Reuveni, Beshelach: [The angel named] Yafefiyah who is the one who rained down the manna upon Israel, is numerically equivalent (with the letters adding up to 197) to Katseh, who is the angelic minister of Torah; whereas they said (Num. 21:5), “and our souls are sick (katseh)” – to make known that they were sick and disgusted of the manna and of the Torah. See there. And this was forcing them to receive the Torah, as the manna was coming from the minister of the Torah, and it was the bread of mighty ones from which the ministering angels are sustained. [Hence] they no longer had any physical desire or inclination. Rather it was [therewith only] the love of the Torah and of the commandments that was implanted in their hearts. And this [love] remained for [future] generations among the enlightened ones about whom it is stated (Num. 19:14), “when a man dies in a tent.”³⁰ See Berakhot 63b.

(Kaf) ‘According to the actions of a man, so is his reward.’ And we found that the Sages, may their memory be blessed, said about Kivrot-Hataavah that they had a strange desire – as they saw that the meat killed and they nevertheless did not turn away from their desire. And that was because of their quarrel about the manna and its forcing the Torah [upon them]; as they wanted to choose love and they rejected forced love.⁴³See Paragraph Chet above. And so He repaid them according to their trait, as this strange desire that was given to them was also forced (compulsive) – even though it killed, they did not veer from it. And from this, the enlightened one can understand [that] if there is such an amazing power in this strange desire that one should kill oneself for it, all the more so should the heart of a man be enthused with an amazing and very awesome yearning for the Torah and for the commandments, [such] that a man himself [thereby] fulfill “When a man dies in a tent.”⁴⁴The reference is to the statement of Resh Lakish in Berakhot 63b based on the quote from Num. 19:14 cited in the text, “From where is it derived that matters of Torah are only retained by one who kills himself over it? As it is stated, ‘This is the law (Torah): When a man dies in a tent.’”  And he should not be concerned with his flour; but rather he should be cruel to himself and ‘meditate about His Torah night and day.’ And then it will be good for him in this [world] and the next [world]; and ‘none of the anathema will cling to his hand,’ after the separation of his soul – that he should, God forbid, be in the hollow of the sling, as I have written. And in the second chapter of Sotah,⁴⁵Sotah 21a, which is actually in the third chapter. they said about this, “A parable about a man who is walking [on the way] in the blackness of night, etc. When he arrives at a crossroads and recognizes the way, he is saved from all of them. […] What is the meaning of the crossroads? Rav Ḥisda said, ‘This is [referring to] a Torah scholar and the day of death.’” As since he is a Torah scholar, the Torah removes his soul from the mud of the physical. And through this, ‘the spirit returns to God Who bestowed it’ – and how he bestowed it – and ‘the dust returns to the ground as it was.’ And this is the crossroads – each one of his “men” turns to his path [and] will no [longer] meet one another; and then [his soul] will be completely saved.

With regard to the defilement engendered by a corpse, Numbers 19:14 specifies that "… every [person] who comes into the tent shall be unclean seven days." The immediately following verse, Numbers 19:15, spells out the circumstances in which vessels and utensils are defiled: "And every open vessel which has no covering close-bound upon it is unclean." The clear inference is that the converse, i.e., a closed vessel that is tightly sealed, does not become defiled. The Mishnah, Kelim 10:1, declares that not only is such a utensil not subject to defilement but the utensil also preserves anything that may be contained within its walls from becoming defiled. Rabbinic tradition teaches that biblical law limits the capacity of a sealed utensil to preserve its contents from defilement to vessels such as pottery and earthenware that are not subject to defilement by tactile contact with the exterior of the vessel.

The commandment of the impurity of a dead body: That we were commanded regarding the matter of impurity from a dead body to behave as the Torah commanded us about it, as it is stated (Numbers 19:14), "This is the law; a man who dies in a tent - anyone who comes into the tent and everything that is in the tent will become impure seven days."

And also from the content of the commandment is that which they, may their memory be blessed, said (Kiddushin 30a), "To what extent is a man obligated to teach his son Torah? Rav Yehuda says that Shmuel said, '[Like], for example, Zevulun ben Dan.'" The understanding of [this is that there was] a man in their generation whose name was Zevulun ben Dan, whose father’s father taught him Scripture, Mishnah, Talmud, laws, and homiles (aggadot). And they challenged what they challenged about this in the Gemara, and the resolution was that the obligation is to teach him Scripture - which is Torah - like the father's father of Zevulun did, and even though the father's father of Zevulun ben Dan taught him more. And one who adds upon the obligation of the commandment, like the father's father of Zevulun ben Dan, brings a blessing upon himself. And one who was not taught by his fathers who are obligated in this - such as his father and his father's father - is obligated to teach himself when he is an adult and recognizes the thing, as it is stated (Deuteronomy 5:1), "and study them and do them." And if [both] the father and the son needed to study, and the father does not have [enough] in his hand that they can both study, he always [comes] before his son. But if his son is more understanding than he and his [son's] studies are more [effective], his son precedes him. And until when is every man obligated to study Torah? Until the day of his death, as it is stated (Deuteronomy 4:9), "and lest they be diverted from your heart, all of the days of your life" (Mishneh Torah, Laws of Torah Study 1:10). And the Sages emphasized the matter more by way of ethics and to teach people desire [for it] and said (Shabbat 83b) that even at the time of death, a man is obligated to study Torah, as it is stated (Numbers 19:14), "This is the law of the Torah, when a man dies in a tent." And everyone in Israel is obligated about the study of Torah (Yoma 35b) - whether poor or rich, whether healthy or one with afflictions. And they, may their memory be blessed, already said (Eruvin 54a) that all of the limbs are healed by involvement in Torah. And even a poor person that goes around to [other people's] doors, and even a married man with children - everyone - is obligated to set time for Torah [study] during the day and during the night, as it is stated (Joshua 1:8), "and you shall meditate about it day and night."