When a nazir comes into contact either by touching, carrying, or being in the same room as a full ladle [tarvad-תַּרְווֹד] of dust from a corpse (rakav-רָקָב), he becomes ritually unready, tamei, and has to go through the process of becoming ritually ready and begin his nezirut all over again from the very beginning. Today’s daf TB Nazir 51 discusses the exact definition of dust from a corpse (rakav-רָקָב) and how much is the minimum amount of this dust to render a nazir tamei.
The only way
to become rakav is to be from an unadulterated
body. If something is decomposing along with the corpse like a wooden casket,
the remains would not be considered rakav.
“The Sages taught (Tosefta, Oholot 2:3): Which is a
corpse that has the halakha of dust, i.e., whose dust imparts
impurity? A corpse that was buried naked in a marble coffin or on a stone
floor; this is a corpse that has the halakha of dust that
imparts impurity. Any dust found there must have come from the corpse. However,
if it was buried in its cloak, or in a wooden coffin, or on a brick
floor, this is a corpse that does not have the halakha of dust
that imparts impurity. In the latter cases it is assumed that the dust from the
corpse includes particles from the clothes, wood, or bricks that disintegrated,
and there is a tradition that the impurity of dust applies only to dust that
comes solely from the corpse, not to a mixture from different sources.”
(Sefaria.org translation)
The Gemara
raises many questions what would be considered part and parcel of the body and
what would you consider adulteration. One question has practical implications
concerning a Jewish view of abortion. Is the fetus consider part of the woman’s
body or a separate entity unto itself when comes to rakav?
Ҥ Rabbi
Yirmeya raised yet another dilemma: Does a dead fetus in its
dead mother’s womb form a mixture with regard to her, so that the
bodies are considered like two corpses buried together, or not? The
Gemara explains the two sides of the dilemma: Do we say that since the
Master said that a fetus is considered as the thigh of its
mother, it is therefore like her body and it does not form a
mixture with it? Or perhaps one should maintain: Since in
most cases a fetus will ultimately emerge from the womb at birth, it is
already considered separated from her, and it is like any other corpse
buried with the woman. And if you say that a fetus, which will
ultimately emerge, is considered separated from her and is not part
of her body, one must still ask this question” (Sefaria.org translation)
Adena
Berkowitz writes in the journal Conservative
Judaism, volume 2, number two, 1991 “We find reference in the Talmud that
during the first 40 days, the fetus should be considered mere fluid (TB Yevamot
69b). In other Talmudic passages, the fetus is described as ‘ubar yerkh ‘imo [lit. A fetus is a
thigh of his mother]. (TB Hullin 58a; TB Gittin 23b)” Throughout the rabbinic
literature we find recognition the fetus is not a person. (See, e.g. TB
Sanhedrin 72b and Rashi’s understanding that the fetus may be forfeited in
utero because it is not a person (lav
nefesh hu).” According to Jewish law, the fetus becomes a distinct and
individual person only when his head crowns out of the womb.
All streams
of Judaism believe that abortion is permitted under certain circumstances. They
disagree whether or not a specific abortion is permitted depends upon when in
the pregnancy and why the mother needs an abortion. Because the fetus
represents a potential life, it is to be treated with a certain reverence when
considering why and when to abort it.[1]
The bottom line though is the rationale behind the states antiabortion laws are
contrary to the spirit and letter of Jewish law.
Even though
the Gemara never answers Rabbi Yirmeya’s
the question, based upon the Jewish view of the fetus’ status, I
feel safe in saying it is considered as the
thigh of its mother; therefore, it is like her body and it does not
form a mixture with it.
[1] I
paraphrased Berkowitz in order to emphasize that the fetus is not an individual
life separate from the mother, but considered like a limb.
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