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Tumat Ohel in Parts

Ohalot (2:6) | Yisrael Bankier | 4 hours ago

Over the week we have been learning about the different parts of a corpse that can transfer tumah in an ohel. Each of these items also have a minimum shiur or size to affect that tumah transfer. The Mishnah (2:6) records the debate regarding the case where those parts, at that minimum shiur, come from two different people. R' Akiva maintains that they can combine to be a source of tumah, whereas the Chachamim disagree.

The Mishnah includes a number of cases when presenting this debate. The skull and spine, reviit of blood, rova of bones, and a limb from a corpse or live person. The Tifferet Yisrael notes that it is only regarding these case that there is a debate. With respect to a kezayit of flesh, of netzel, or a tarvad of decay, the Chachamim agree that even if that minimum quantity was made up from two different corpses, they would combine to be a source of tumah in an ohel.

The Mishnah Achrona questions why it is only in these cases that the Chachamim argue. With respect to blood, we learnt (2:2) that that debate was based on the derivation from the pesukim¹. However, that does not explain the other cases. He therefore suggests that these cases are different because for tumat ohel, for those cases, it must appear that it is originating from a human.

The Chazon Yechezkel provides a similar explanation and explains that it is derived from the pasuk "etzem adam". He uses this to explain why for a kezayit basar that is in two pieces from the same corpse, it can transfer tumah through maga (contact), masa (being carried) and ohel, whereas for these other items, when divided, it only transfers in an ohel. He explains that that is because when divided, if not combined by an ohel, each piece lacks the "human form".

If, when in pieces, it loses the human form, then why does it nonetheless combine in an ohel? Furthermore, we find by an ever min ha'chai, that, when in pieces, does not combine in an ohel. The Chazon Yechezkel therefore provides an additional distinction. For an ever min ha'chai, it only has the status of an ever when it has all the key ingredients in one piece -- bone, flesh and sinews. The ohel cannot bring them together. For those other items that requires this human appearance, that requirement is a shiur -- a minimum measure -- much like the requirement of a kezayit. Consequently, the ohel can combine the components to make that shiur.

The Chazon Yechezkel then turns his attention to our Mishnah. If the requirement of a human appearance is just a shiur, why do the Chachamim not allow that shiur to be made of from two corpses? He continues that to satisfy this etzem adam requirement, that shiur can only be satisfied if it comes from one corpse. This is much like the debate between the Chachamim and R' Akiva regarding a reviit of blood. The Chachamim maintain that the focus in the pasuk is of a "nefesh" (nafshat as it is written). This means that that nefesh requirement for blood also can only be satisfied if it comes from one person.

The Chazon Ish (21:7) however explains that the difference is that when it comes to basar or rakav, for them to be a source of a tumah it is only a matter of quantity. With respect to the items listed in our Mishnah, the reason why they can transmit tumah in an ohel is because they are considered a significant part of the met. According to the Chachamim, the significance is only attained if it came from one person.²

¹ The Eliyahu Raba explains that it is repeated here to demonstrate that the debate applies both where a half-reviit was taken from two people and also where a half reviit was taken from a full reviit from two people.

² In the spirit of the aseret yemei teshuva, one might add that just as the capacity to become tameh is an indication of importance, our failings being considered as failings, is in indication of the importance of man and the responsibility we have been charged with.

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