Nefel — 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’vracha
1. The nefel requires burial.
2. The nefel imparts tumah.
Source
1. See Shulchan Aruch (Orach Chaim siman 526, se’if 10), where it is explained that a nefel is exempt from burial. However, the Mishnah Berurah (se’if katan 49) cites Acharonim who hold that it is obligated in burial. The Acharonim wrote that one should follow the opinion requiring burial.
2. Taz (Yoreh De’ah siman 369, se’if katan 1):
A Kohen is warned not to become tamei from a dead body—even from a nefel, as stated in the final chapter of Ohalot: “שמא קברו בו נפלים” (“Perhaps nefalim were buried in it”).
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