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Checking a Beit HaPras

Ohalot (18:4) | Yisrael Bankier | 7 hours ago

The last two perekim of Ohalot discuss the Beit HaPras. This generally refers to a field in which a grave has been ploughed through. We have learnt that if someone walks through the field they are tameh. This is out of concern that they may have touched or moved a small bone that may have been dragged along by the plough. Nevertheless, the Mishnah (18:4) teaches that in some circumstances we can check the area in which the person walked to determine if they are tameh.¹ The Mishnah teaches that Beit Shammai and Beit Hillel agree that the technique can be used for someone that was on his way to offer the korban pesach, but not for terumah. They however argue whether it can be used for a Nazir. We shall try to understand this Mishnah.

The Bartenura explains that the tumah in a beit ha’pras is rabbinic. Since not bringing the korban pesach is liable to karet, they did not enforce their gezeira in that case. Consuming terumah is only a positive mitzvah, and therefore the gezeira is still in place.

The Mishnah Achrona cites Rashi who provides another difference between korban pesach and terumah. Korban pesach is time critical – there is a particular day that the korban must be offered. That is not true for the consumption of terumah.

The Mishnah Achrona notes that the explanation thus far appears to be regarding whether we check, to potentially make the kohen tahor, in order that he may eat terumah. That explanation would fit a reading of the Mishnah that had “l’ochlei terumah”. Our version however only has “le’terumah”. That being the case it implies the we are concerned with food that is terumah rather than a kohen.

If the concern is regarding terumah, and we do not check the beit ha’pras for its benefit, then it would mean it would be tameh forever. That being the case we would need to fall back on the first explanation that the Chachamim applied their gezeira when there is a positive mitzvah. The mitzvah would be “mishmeret trumati” – protecting the terumah from becoming tameh.

Turning our attention to the case of the Nazir, in our Mishnah we have that Beit Shemesh is lenient in ruling that we allow checking, whereas Beit Hillel disagree. The Tosfot Yom Tov however finds this difficult. Firstly, the Mishnah in Nazir (7:3) rules that a Nazir that walked through a beit ha’pras would not shave and bring the korbanot of a nazir who becomes tameh met (megaleach). Furthermore, this Mishnah is not listed in the Mishnayot in Eduyot where Beit Shammai are more lenient than Beit Hillel.

The Eliyahu Raba writes that the positions in our Mishnah should be switched. Nevertheless, the Tosfot Yom Tov continues that even according to that understanding, checking would be required. Consequently, if a bone was found on the path that the nazir took, he would be considered tameh. That would still conflict with the Mishnah in Nazir, which simply rules “eino megaleach”, implying in all circumstances.

The Tosfot Anshei Shem however maintains the version we have. Nevertheless he explains that when Beit Hillel maintain that there is no checking, it is actually a leniency. In other words, even if one did inspect the path and find a bone, it would be immaterial, and the Nazir would not megaleach. The Mishnah Achrona explains similarly and elaborates, that according to Beit Hillel, since the Chachamim do not know whether a bone was dragged along at all, they considered it like tumat tehom – tumah that no one knew anything about – which would not ruin the count of a Nazir (see volume 22 issue 28).

¹ See the Tifferet Yisrael (Boaz) for a lengthy discussion on the type of checking that is being considered in this Mishnah.

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