Miscarried fetus — burial and tumah for kohanim | Burial | Sheilot

Miscarried fetus — burial and tumah for kohanim

Question

My wife miscarried the fetus at week 20 (in the middle of the fifth month)
What is the halacha regarding burial?
And regarding tumah (I am a kohen)

Answer

Shalom u’vrachah 

1. The miscarried fetus requires burial. 

2. The miscarried fetus conveys tumah. 

Source

1.  See Shulchan Aruch (Orach Chaim, siman 526, se’if 10), where it is explained that it is exempt from burial. However, the Mishnah Berurah (se’if katan 49) cites later authorities who maintain that it is obligated in burial. The later authorities wrote that one should follow the opinion of those who require burial. 

2. Taz (Yoreh De’ah, siman 369, se’if katan 1):

A kohen is warned not to become tamei through a dead body. Even through a miscarried fetus, as is stated in the final chapter of Ohalot: lest miscarried fetuses were buried there.

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