Do the Graves of the Righteous Impart Impurity?
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Question
Is it permissible for a Kohen to visit the grave of Rabbi Shimon bar Yochai in Meron?
Answer
A Kohen is forbidden to become impure through contact with the dead, and even the righteous impart impurity through a dead body. Therefore, there is no permission for Kohanim to enter the grave of Rabbi Shimon bar Yochai in Meron.
Source
It is stated in the Gemara in Tractate Sukkah 25: "And there were men who were impure by contact with a dead person, etc. Who were these men? They were the bearers of Joseph's coffin, according to Rabbi Yossi HaGalili. Rabbi Akiva says they were Mishael and Elzaphan, who were dealing with Nadav and Avihu. This proves that the bearers of Joseph's coffin and of Nadav and Avihu became impure through contact with the dead.
Similarly, in Tractate Bava Batra 58: Rabbi Banaa was marking caves, and when he reached the cave of Abraham, etc. This proves that the Cave of Machpelah imparts impurity in a tent.
This is also proven from the words of Tosafot in Tractate Ketubot 103b: Rabbi Chiya said, on the day Rabbi died, holiness was annulled, and in Tosafot there in d.h. "that" it is written: "Rabbi Chaim Cohen said, if I had been there when Rabbi Tam passed away, I would have become impure for him, because this annulment of holiness mentioned here refers to the holiness of the priesthood. And it is proven from what is said, that on that day, specifically on that day, and no more. And it is explicitly stated in the Jerusalem Talmud in Tractate Berachot in the chapter 'Who has died,' that when Rabbi died, they said there is no priesthood today. And it does not seem to Rabbi, because it seems to Rabbi that there it refers to the impurity of a field of presses, which is rabbinic, but not impurity by Torah law." Thus, it is proven from Tosafot's opinion that the righteous impart impurity in a tent, which is impurity by Torah law.
And so it is written in Tosafot in Tractate Bava Metzia 114: "And so we find when Elijah was burying Rabbi Akiva, he pushed him, saying to him: 'Are you not a Kohen?' He said to him: 'The righteous do not impart impurity.' And he pushed him thus out of respect for Rabbi Akiva, and his main reason was because it was a dead mitzvah, as they were afraid to bury him, as he was executed by the kingdom. This proves that Tosafot holds that the righteous impart impurity in a tent.
And in practice, the decisors ruled according to the words of Tosafot that the righteous impart impurity in a tent, and not according to the opinion of Rabbi Chaim Cohen.