3. Relatives of a Kohen who passed away-Attending to the Taharah, Shemirah, funeral, burial:

The Mitzvah to defile:[1] It is permitted, and a Mitzvah obligation, for a Kohen to defile himself to certain relatives who have passed away. If the Kohen refuses to defile himself to these relatives, he is to be forced to do so. This obligation applies to both a male and female Kohen.[2] This allowance and obligation only applies until the burial of the relative is completed. Once the Golel is closed [i.e. the grave is covered with earth, or the casket is entered into the grave and properly closed with nails[3]] he may no longer impurify himself to the relative.[4] [Thus, after the burial, the Kohen may never return to visit his relative, unless he remains a four Amos distance from any of the graves throughout his visit, or enters with a Mechitza of ten Tefach, as explained in B.[5]]

The body must be whole:[6] The Mitzvah/allowance for a Kohen to defile himself to relatives only applies if the body of the relative is whole, however if the body of the deceased is missing a part, then the Kohen may not defile himself on their behalf. This applies even if the missing part is in the same room as the body. Thus, a Kohen may not defile himself for the sake of burying a limb of his father [or other relative]. This applies whether the limb was amputated from a living relative, or was dismembered after death. Likewise, he may not defile himself on behalf of the bone of a relative, or for the skeletal remains of a relative whose body has decomposed. Some Poskim[7], however, rule that the above law only applies if the body of the relative lost a part after death [or in the process of being killed[8]]. If, however, the body part was lost while he was alive and only later did the relative die, then it is permitted for the Kohen to defile oneself on behalf of the relative. [Practically, one is to be stringent not to defile himself even if the relative lost the limb while alive.[9] If the deceased relative had an inner organ removed while alive, then some Poskim[10] rule it is permitted to defile oneself to him. Other Poskim[11], however, are stringent.] Some Poskim[12] rule based on the above requirement for the body to be whole, that one cannot defile himself to a relative who was murdered [as the loss of blood is considered that he has lost a part]. Practically, it is proper to be stringent.[13]

The list of relatives that a Kohen may/must defile himself to:[14] A Kohen and Kohenes is obligated to impurify himself/herself for the sake of burial of the following relatives: 1) His wife, or her husband, to whom he/she is married in a permitted manner[15]; 2) Mother, even if she became a Chalalah; 3) [Father] 4) Jewish son, who is not a Safek Nefel [i.e. still born, or baby who died within thirty days of birth], even if Pasul; 5) Jewish daughter, who is not a Safek Nefel, even if Pasul; 6) Jewish Paternal brother, even if Pasul; 7) Jewish Paternal sister who is a virgin, even if Pasul. 8) Shomeres Yavam.

The list of relatives that a Kohen may not defile himself to:[16] A Kohen may not defile himself to the following relatives: 1) Maternal brother and sister, whether one’s sister is a virgin or is married; 2) Paternal sister who is no longer a virgin.[17] [3) Uncles; 4) Aunts; 5) Cousins; 6) Niece and Nephews; 7) Grandchildren; 8) Grandparents].

For what purpose may the Kohen impurify himself to the relative?[18] It is disputed amongst the Poskim as to whether the Kohen may defile himself to the relative prior to burial without restriction. Some Poskim[19] rule that it is only permitted, and a Mitzvah, to defile himself if it is for sake of a need, such as for the sake of the burial [i.e. to enter the body into the grave], or to perform the Taharah, dress the body and enter him into the coffin. However, it is forbidden for him to defile himself for no need at all [of the burial, such as to perform Shemirah on the body[20]]. Other Poskim[21], however, rule it is permitted for him to defile himself even for no need at all. According to this latter approach, it is permitted for the Kohen to act as a Shomer for his deceased relative even on Shabbos.[22] Practically, it is proper to be stringent like the former opinion, and that the Kohen not defile himself even for his relative [even for Shemirah[23]] unless it is for the need of the burial, or Taharah process [although those who are lenient have upon whom to rely[24]].[25] [Thus, he should not even remain in the same home as the body of his relative for no need, such as on Shabbos. However, he may remain in the same home as the body of the deceased during the weekday, just in case his help is needed on behalf of the deceased.[26] Likewise, he may attend the eulogy, funeral and burial, even if his help is not necessary, and he will be under the same roof as the body.[27]]

Defiling himself to other corpses/grave-Attending the burial:[28] The above allowance for a Kohen to defile himself for the sake of burying his relative only applies to defiling himself to the body of the relative, however, he may not defile himself to other graves or corpses [even in the process of the Taharah, funeral, and burial[29], if this can be avoided[30]]. Thus, in order for the Kohen to be able to participate in the burial [of which he is obligated], the relative must be buried in an area of the cemetery which does not require him to pass over other graves, such as the edge of the cemetery.[31] However, some Poskim[32] rule it is permitted for the Kohen to defile himself to even other graves and bodies of deceased in the process of assisting and participating in the funeral and burial. Thus, he may walk over graves for the sake of participating in the funeral. However, once the burial is complete, he may no longer defile himself to any deceased, and hence practically, the relative must be buried at the edge of the cemetery in order for the Kohen to participate in the burial and be able to return from it without defiling himself to other graves. [Practically, we rule like the former opinion, that he may not defile himself to other corpses or graves in the process of dealing with the body of his relative, unless there is no other option available.[33] Thus, if the relative is being buried in an area of the cemetery which requires him to pass over other graves, as is done in some communities, he may not attend the burial.[34]]

Where in the cemetery to bury the relative? The relative of the Kohen is to be buried in an area of the cemetery which does not require him to pass over other graves on his way to or from the grave of his relative, such as the edge of the cemetery, as explained above.

Summary: It is permitted, and is a Mitzvah obligation, for a Kohen to attend to the funeral and burial of his seven close relatives, which include his wife, father, mother, son, daughter, brother and virgin sister. This Mitzvah applies likewise to a Kohenes, that she has a Mitzvah to attend to the funeral and burial of her seven close relatives. The Kohen may only defile himself to his deceased relative if the relative does not have any limbs missing from his body, and did not die due to an injury that caused a loss of blood. The Kohen may only defile himself for necessary matters involving the burial of the deceased, such as attending the funeral, burial, and helping with the Taharah. He should not, however, perform Shemirah on the body. He may not defile himself to any other grave or body even in the process of defiling himself on behalf of his relative. Once the body is entered into the grave and covered, he may no longer defile himself even to his relative. Practically, the relative must be buried in an area of the cemetery that does not require him to pass over other graves, such as the edge of the cemetery, in order for the Kohen to attend. Q&A May a Kohen defile himself on Shabbos for the sake of the deceased? This matter is subject to the dispute brought above regarding defiling oneself for purposes unrelated to the burial, of which we concluded that one is to be stringent.   May a Kohen defile himself to the deceased on Yom Tov? If the burial will not take place on Yom Tov, then this matter is subject to the dispute brought above regarding defiling oneself for purposes unrelated to the burial, of which we concluded that one is to be stringent.   May a Chasan who is a Kohen defile himself to a relative during the Sheva Brachos? In the event that the Shiva will begin only after the conclusion of Sheva Brachos, some Poskim[35] rule that a Chasan who is a Kohen may not defile himself to a deceased relative during Sheva Brachos.

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[1] Michaber 373:3

A Kohen child who is below Bar Mitzvah: Some Poskim rule that a child who is a Kohen should not impurify himself even to relatives who have passed away, as he has no obligation to mourn them. [See Vishev Hakohen 56, brought in Pischeiy Teshuvah 373:1; Shvus Yaakov 3:92; Nitei Gavriel 130:21]

[2] Michaber ibid; See Shach 373:3

[3] See Shach 373:11 for dispute in Rishonim [Rashi/Rabbeinu Tam] regarding the definition of Setimas Hagolel, if it means placing the tombstone on the grave, or if it means closing the casket. Shach ibid concludes that even according to Rashi, who holds of the latter approach, the Kohen may defile himself to the relative until the casket is entered into the grave and closed there, and it does not suffice for it to simply be closed in a home.

[4] Michaber 373:6

[5] Nitei Gavriel 130:31

[6] Michaber 373:9

[7] Yeish Mi Sheomer in Michaber ibid; Rokeiach

[8] Shach 373:14

[9] Nitei Gavriel 130:28; See Shevet Halevi 3:161

[10] Maharam Shick Y.D. 359; Igros Moshe Y.D. 251; Tzitz Eliezer 9:48; See Nitei Gavriel 130:29

[11] Chazon Ish Y.D. 201; Shevet Halevi 3:161; 6:244; Mishneh Halachos 3:191; See Nitei Gavriel ibid

[12] Opinion in Rama ibid; Kol Bo

[13] Rama ibid; Birkeiy Yosef 370:3; Chochmas Adam 160:7; Kitzur SHU”A 202:13; Nitei Gavriel 130:27

[14] Michaber 373:4

A non-observant relative: If a Kohen’s parents [or other relatives] swayed from the Jewish tradition, the Kohen may not defile himself to them when they pass away. [Michaber 373:8]

Harugei Beis Din: If a Kohen’s relative was killed by Beis Din under capital punishment for a sin, the Kohen may not defile himself to him. [Michaber 373:8]

Suicide: If a Kohen’s relative committed suicide, the Kohen may not defile himself to him. [Michaber 373:8]

Safek relative: If the person who died is a questionable relative, then the Kohen may not defile himself to them. [Michaber 373:8; See Pischeiy Teshuvah 373:5; Nachalas Tzvi 373; Hagahos Rebbe Akiva Eiger 373]

[15] A Kohen may not defile himself on behalf of his deceased wife if she was a Pesula, Gerusha, or if they did not yet get married, even though they were already engaged/Eirusin/Kiddushin. [Michaber ibid]

[16] Michaber 373:4

[17] Although a Kohen may not impurify himself to these relatives, nevertheless the Sages established that one must mourn for their passing. [Michaber ibid]

Other opinions: Some Poskim rule one is Biblically obligated to mourn a paternal sister, even if married. [Rambam 2:2, brought in Gilyon Maharsha 374] The Ramban questioned his ruling, as a Kohen may not impurify himself to her. [Gilyon Maharsha ibid]

[18] Michaber 373:5; See Zekan Aaron 108

[19] 2^nd opinion in Michaber ibid; Terumas Hadeshen 283 based on Tosfos Pesachim 9a and Tosfos Shantz

[20] See Rama ibid

[21] 1^st opinion in Michaber ibid; Braisa in Miseches Semachos; Ramban in Toras Habayis; Shach 363 in Nekudos Hakesef that so is the main opinion and so is custom

[22] Rama ibid

[23] Rama ibid; See Nitei Gavriel 130:15

[24] Shach 363 in Nekudos Hakesef rules that the custom is to be lenient

[25] Rama ibid; Chochmas Adam 160:5; Kitzur SHU”A 202:11; Nitei Gavriel 130:15; Conclusion of Zekan Aaron 108

[26] Pischeiy Teshuvah 373:4 in name of Derech Chaim; Nitei Gavriel 130:16

[27] Nitei Gavriel 130:24

[28] See Michaber 373:7; Nitei Gavriel 130:30

[29] Implication of Michaber ibid; Shach 373:12 in name of Bach, Levush

[30] See Shach ibid in name of Bach; This implies that if one cannot assist with the deceased relative unless he also defiles himself to other bodies, then he may do so, even according to this opinion. Vetzaruch Iyun, as this is not the simple implication of the Michaber ibid

[31] Michaber ibid; Rambam Avel 2; Rivash 124; Chochmas Adam 160:6; Aruch Hashulchan 373:10; Nitei Gavriel 75:2

[32] Rama ibid [explained in Shach ibid]; Tur 373; Maggid Mishneh p. 117, brought in Shach ibid

[33] Shach ibid in name of Bach; Sheilas Yaavetz 2:26; Har Tzevi Y.D. 282; Shevet Halevi 5:182; Nitei Gavriel 130:17

[34] Shut Maharil 43 that the Kohanim may only enter until the entrance of the cemetery when attending the funeral; Kneses Hagedola 373:7; Chochmas Adam 160:6; Nitei Gavriel 130:30

Other opinions/Customs: Some communities are accustomed to allowing the Kohanim to attend the burial of their relatives even if they are being buried amongst other graves, and they will need to step on the graves upon entering and leaving the area. The reason for this is because in any event, today the Kohanim are already all Tamei Meisim [of which the Raavad rules the main Issur no longer applies]. [Shulchan Gavoa 373:23; See Nitei Gavriel 130 footnote 48]

[35] Zekan Aaron 108, brought in Ikarei Hadaat 35:14; Nitei Gavriel Nissuin 112:5 [see footnote 9 for other opinions]