The Institute for Dayanim And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Tazria 5777 356 This week’s article discusses the halachic obligation to designate Dear Reader, graves, a halacha derived from the proclamation of the leper, and The commencement of the related halachos. Why must graves be designated? Who bears month of Iyar harbors a the responsibility for doing so? And does a similar obligation trace of disappointment. As apply to other potential pitfalls? These These questions, among the month of Iyar arrives, others, are discussed in this week’s article. we take leave of the month This week’s Q & A addresses the question of wine touched by of Nissan. The great month non-observant Jews. of redemption, the month “Impure, Impure!” - Halachic Lessons on which our perennial of the Leper’s Proclamation hope of the Mashiach’s Parashas Tazria teaches laws of the leper—a man afflicted with coming hang, comes to the condition of tzora’as. Among many laws, the Torah teaches a close. “In Nissan they that the leper must proclaim his defilement: “And the leprous man were redeemed—and in whom the lesion is upon, his clothes shall be rent, his head shall Nissan they are destined be left bare and he shall cover his upper lip, and shall announce, to be redeemed” (Rosh ‘Impure, impure.’” (Vayikra 13:45) Hashanah 11a). Rashi explains the reason why he must make this proclamation: However, it seems that “He declares that he is impure, so people will know to stay away the month of Iyar does from him.” not indicate a complete The leper’s declaration of defilement is used by Rabbi Avahu departure from Nissan. In (Moed Katan 5a) as a source for the obligation to mark graves. fact, the Gemara seems Just as the leper must announce his tumah so that people will to bind the two months avoid contact with him, so there is an obligation to place a sign over graves so that people, and especially Kohanim, will avoid together: contact with them. “Rabbi Yehoshua said, ‘From The Gemara mentions several other sources that uphold the where do we derive that the obligation to mark graves. One of them, suggested by Abaye, is Forefathers were born in the prohibition against placing a stumbling block before the blind: the month of Nissan? For it Graves must be marked so that nobody will inadvertently become says, ‘And it was in the four ritually impure. We will dedicate the present article to the subject of designating ØØ graves, and to related halachos. hundred and eightieth year of the exodus of Israel from Torah or Rabbinic Obligation Egypt, in the fourth year Is the obligation to mark graves a Torah mitzvah? [of King Shlomo’s reign] The wording of the Gemara (Moed Katan 5a) seems to indicate in the month of Ziv’ – in a Torah obligation. After inquiring as to the Torah source for the month when those who marking graves, the Gemara suggests a source from Yechezkel. shine up the world were Following this, the Gemara asks: “Who said it before Yechezkel born” (Rosh Hashanah came?” The search for a specific Torah source leads Tosafos (s.v. ha) to understand that the obligation to mark graves is a Torah 11a). law. The verse cites by the However, the Gemara uses the word remez, literally a hint, in Gemara states explicitly searching for a Torah source for the obligation, and some that the month of Ziv is the commentaries understand that therefore this does not refer to a second month of the year, Torah obligation. Tosafos, however, explains that the Gemara uses the month of Iyar. Yet, the the word remez only because the pasuk is mainly making a different Gemara derives from the point. Nonetheless, Tosafos elsewhere (Bava Basra 147a) write name Ziv, which translates that the obligation is rabbinic in nature, proving the point from a literally as a shining glow, Gemara in Nidda (57a). The apparent contradiction is noted by that each of our three Rabbi Akiva Eiger (Gilyon Hashas on the above Tosafos). Forefathers was born in In his Sefer Hamitzvos (112), the Rambam writes that there the month of Nissan. How is a positive mitzvah for the leper to declare his defilement, and does the reference to the extends this obligation to other people who are ritually impure. month of Iyar and its biblical However, he does not mention an obligation to mark graves, which implies that he maintains that this is a rabbinic extension. In fact, name Ziv imply the birth of the Mishnah LeMelech (Yom Tov 7:16) writes that the Torah the Avot in the month of obligation applies only to a leper, while the obligation relating to Nissan? other forms of tumah, including marking graves, is rabbinic. In his first explanation, Rashi While there is no clear consensus on this matter, it seems from the writes that the “glow” of Iyar treatment of the obligation by most authorities that the obligation implies the birth of the Avos is not considered a Torah duty. In his annotations to the Gemara in Nissan. If the month of in Nidda, Maharatz Chajes notes that we find similar wording Iyar glows with the light of even for rabbinic obligations that are alluded to by a Torah verse the Avos, we must conclude (an asmachta). The Yaavatz reaches a similar conclusion in his that their birth preceded annotation to the Gemara in Moed Katan. the commencement of the However, the Vilna Gaon writes in his annotations to the month. Yerushalmi (Maaser Sheni 28b) that the Yerushalmi maintains that the obligation to designate graves is de’Oraisa—a Torah- Iyar, rather than Nissan, mandated obligation. is “the month when those who shine up the world The Reason for the Obligation The final source mentioned in the Gemara for the prohibition is noted by Rav Ashi, who cites the pasuk “and you shall guard My guarding,” referring to guarding Terumah produce from becoming were born” – because only defiled. Perhaps based on this source, Rashi writes that the reason in the month of Iyar was for marking graves is to ensure that “those eating Terumah” should their glow brought to the not become impure. Moreover, on the “stumbling block” that the world. From the light of graves comprise Rashi explains a concern that those “carrying Iyar, we know its source in Terumah” should not become impure. Nissan. The principle concern, according to Rashi, appears to be for the purity of Terumah produce. The Ran, following similar lines, writes The same, it appears, is true that the concern is lest Terumah become defiled, or lest a Kohen of the general nature of the eat Terumah while in a state of impurity. two months. True, Nissan is the month of revelation, However, the simple understanding of the obligation to mark graves is the need to distance Kohanim from inadvertently becoming the month of redemption ritually defiled by contact with those graves. This is the reasoning and the month of miracles. provided by the Rambam: “Graves whose gravestones have been Yet, it is only the labor of erased by rains must be marked, so that Kohanim distance from Iyar, the special service of them” (Laws of Yom Tov 7:11). The Rambam writes the same the Omer period during explanation in his commentary to the Mishnah (Maaser Sheni which we seek to perfect 5:1), and the Tur similarly explains the prohibition as meaning to ourselves and to ready warn Kohanim (Orach Chaim 544). ourselves for Torah, that This understanding is reinforced by all authorities who note the the light is consolidated. obligation as applying even today. While Terumah-related concerns Without Iyar, the light would are generally inapplicable today (when Kohanim don’t eat Terumah), be momentary; Iyar allows the concern for defilement of Kohanim certainly applies. it to shine on. Who Does the Marking? By means of Iyar and the The obligation to mark graves in noted by the Mishnah in two places count of the Omer that runs (beginning of Moed Katan; beginning of Shekalim). Significantly, through it, the redemption in both places the Mishnah lists a range of public duties, marking of Nissan reaches its ultimate graves being only one of them. These include uprooting kilayim, purpose: the giving of the fixing roads and paths, maintaining mikvaos, and so on. Torah at Sinai. The labors The listing of such public requirements as maintenance of roads of Iyar might not carry the together with the obligation to mark graves seems to indicate that same joy as Nissan, but they these are not private duties that fall on individuals, but rather public are no less important. duties that fall upon the authorities. The body that is generally May we be found worthy of responsible for these duties is the local Beis Din. the task of the Omer count Shut Shaul Umeishiv (I, Vol. 1, no. 94) thus writes: “Since – of building the bridge somebody who leaves kilayim in his vineyard transgresses, all of between Nissan and the Israel are obligated to uproot the kilayim (if the owner did not giving of the Torah. fulfill his duty), and Beis Din sends out agents to uproot them.” While all of Israel are responsible for one another, the primary duty for caring for the spiritual state of the nation—beyond each person’s responsibility for himself—is Beis Din. not to eat the fruit. This indicates that the duty The Rambam, however, notes that there is also a of designation is not limited to graves, but applies personal obligation to mark graves: “Whenever a even to other prohibitions.