The Nazir's Allowance to Become Tamei

It is evident from the Rambam in Hilchos Nezirus (7:12) that the reason that a nazir may become tamei to a meis mitzvah is because of the mitzvah of burial. However, from Tosfos, it would seem that there is a different reason. Tosfos writes that it is permitted for the nazir to move the corpse from the sun to the shade. This would indicate that the allowance for the nazir to become tamei is not on account of the mitzvah of burial, but rather it is due to the obligation of respecting the dead.

The Rogatchover Gaon notes the following distinction between the two reasons: If a father imposed nezirus upon his son, and the son, as a minor, comes upon a meis mitzvah. If the reason for the permission to becoming tamei is because of the mitzvah of burial, a minor who is not obligated in mitzvos, would not be allowed to become tamei to the corpse. However, if the allowance is based upon respecting the dead, the minor would also be obligated to bury him, for he is also responsible to see that a corpse does not lie in degradation.

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Buried on the Land where he Died

The Gemora (Daf Yomi: Nazir 43b) states that if a person dies and has no one to bury him, he is considered a meis mitzvah. The halacha is that he is buried on the land where he died, even if the land is privately owned. This is one of the ten conditions that Yehoshua made upon the division of Eretz Yisroel.

Why did Yehoshua make such a condition? Would it not be more appropriate to bury a person in a regular cemetery? The Chazon Ish writes that there was a concern that one who dies without relatives would be left to the devices of other people who would neglect the dead body on the road, thus leaving the corpse unprotected. Yehoshua therefore decreed that a person who dies and has no one to attend to his burial should be buried where the body was found.

The Taz and Shach write that nowadays in lands outside of Eretz Yisroel, we must bury an unattended corpse in the cemetery, because even if the person was buried at the site of his death, we are not certain that the site will be undisturbed.

Perhaps there is another aspect to burying an unattended corpse at the site of his death. It is said: v’chiper admaso amo, and He will appease His Land and His people, and this can be interpreted to mean that the land itself atones for the person. Burial is a sign of respect for the dead body, and although one normally buries a corpse in a cemetery, Eretz Yisroel is unique that anywhere in the Land is considered a respectful location. This would explain why Yehoshua was the one who set this condition, because the condition was unique for Eretz Yisroel.

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