The Kohen’s Wife: Minchas Asher 3:70

Question: Can a pregnant wife of a kohen become tamei? Can she freely visit hospitals or visit
a cemetery?

The Shach (YD 371:1) quotes the Rokeach who allows a pregnant bas kohen to become tamei
due to a sfek sfeika (double duty). Firstly, there is a safek as to whether the foetus will survive
and secondly there is a safek as to whether the child will be a boy.

Nowadays, when this can be ascertained by ultrasound, would this still apply if one knows that
they’re having a boy? Would one even need to check?

Answer: R’ Weiss explains why we don’t need to be concerned and a pregnant bas-kohen may
become tamei. He begins by asking a few questions on the Rokeach:

1. The Magen Avraham (343:2) challenges why the Rokeach needs to mention sfek sfeika.
Surely, a foetus, enclosed (beluah) in its mother’s belly, is protected from the tumah
surrounding it.

2. The Tiferes Lemoshe also challenges the Rokeach as it is clear from the Gemara (Ye-
vamos 67a) that the child does not receive the status of a kohen until he is born.

3. It is clear from the Mishna (Ohalos 7:6) that a foetus is not a person. Thus abortion is
not considered to be murder. If they are not yet a human being with a soul, how can
he become tamei?

R’ Weiss brings four approaches to answer the Magen Avraham’s question:

1. The Radvaz (1:200) and Sheilas Yaavetz (2:177) write that the Rokeach is specifically re-
ferring to a woman who’s about to give birth. We allow her to enter an ohel with a meis
even though she may give birth there, due to the sfek sfeika

2. The Tiferes Lemoshe writes that a foetus is not considered to be beluah, but rather like
one of its mother’s limbs. Nonetheless, it is difficult to say that it is both a kohen (i.e.
independent person) and a limb of his mother simultaneously. The Avnei Miluim
(82:1) writes that tumah beluah is a similar principle to that of a pregnant woman who
converts (See Yevamos 78a). We wouldn’t say that the child born later needs to under-
go tevila, too. R’ Weiss challenges this comparison, however, as tumah beluah means
that there is a chatitza, barrier, surrounding the foetus. This has no bearing as to why
the child doesn’t need to undergo tevila.

3. The Pri Megadim (Eshel Avraham OC 343:2) writes that in truth it’s a very weak sfek
sfeika as mothers don’t frequently miscarry. Nonetheless, the Rokeach still maintains
that we can rely on this doubt. According to the Rokeach, tumah beluah is still assur
miderabanan, though chazal were meikil in cases of doubts, such as this.

Rabbi Chaim Cohen - chaimlzcohen@gmail.com

 4. The Chassam Sofer (YD 354) writes that the Rokeach doesn’t mean that it is a safek as to
whether the baby will be born live. Rather, as the foetus may not be able to live inde-
pendently, it could be considered as not alive for purposes of tumah.
Nonetheless, R’ Weiss writes that most poskim (Chochmas Adam 160:1; Derech Hacha-
im Dinei Tumas Kerovim 3; Mishna Berura 343:3) don’t understand the Rokeach in this
way, but side with the Magen Avraham (see Q1).

R’ Weiss concludes by saying that there are two approaches in understanding the Rokeach:

1. The Tiferes Lemoshe writes that the scenario is a woman whose father and husband are
both kohanim. Even though the foetus is certainly a kohen/ess, the Rokeach allows her
to go in to an ohel with a meis.

2. R’ Elchanan Wasserman (Kovetz Shiurim 2:41) writes that the Rokeach is arguing that
while the foetus won’t become tamei by the woman entering the ohel, nonetheless, it
would immediately upon birth. He discusses whether the prohibition is technically to
come into contact with a mes or to become tamei.

R’ Weiss continues by quoting the Shiyarei Kenesses Hagedola who relates that he witnessed
pregnant women who were vigilant not to become tamei. In his opinion, this was sheer igno-
rance. The Sheilas Yaavetz writes that we pasken this way.

On the other hand, the Birkei Yosef writes that it is a middas chassidus, act of piety.

R’ Weiss then has a technical discussion about whether we can follow the Rokeach’s hetter now-
adays when we can reasonably determine whether the child will be a boy or girl.

R’ Weiss concludes that we do allow a pregnant woman to visit an ohel with a meis. After all,
the Kenesses Hagedola, Magen Avraham, Chochmas Adam and Nesivos (Derech Hachaim) are
all lenient.

As for the Rokeach, he dismisses the challenges:

1. Either we say that he was referring to a woman about to give birth. Nowadays, it is ex-
tremely unlikely that she won’t have enough warning to get out in time, etc.

2. Or we say that the concern is about the baby becoming tamei when he is born. Practi-
cally speaking, most babies are born in hospital where there is a chance of tamei meis,
so we gain little by her avoiding becoming tamei earlier.

Therefore, even if a woman knows that she is due to have a boy, she may become tamei.

Rabbi Chaim Cohen - chaimlzcohen@gmail.com