Halakhah sur Les Nombres 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.