A high-priest judges and he is judged; he testifies and he is testified for; he administers chalitzah and his wife receives chalitzah. His wife is taken in yibum, but he does not perform yibum, for a widow is forbidden to him. If one of his kin died, he does not follow the litter, [lest he come to touch it in his preoccupation, and it is written (Leviticus 21:11): "And to any dead body he shall not come."] But they (the litter bearers) are concealed and he is revealed; they are revealed and he is concealed. [When the litter bearers are "concealed" from the alleyway that they left, he is "revealed," and enters it. But so long as they are "revealed" in the alleyway, he is "concealed," from it, not entering it.] And he goes out with them until the entrance of the city. [For there are alleyways in the city in which he can conceal himself, but outside the city there is no (distinguishing) sign (of his separation from the procession)]. These are the words of R. Meir. R. Yehudah says: He does not go out of the sanctuary, viz. (Leviticus 21:12): "And from the sanctuary he shall not go out." [R. Yehudah expounds: "And from the sanctuary (mikdash), he shall not go out" — at all. R. Meir expounds: "And from his sanctity (kedushatho), he shall not go out," i.e., He should take care to avoid contact (with the body). And within the city, where there are alleyways, there is a distinguishing) sign, so that he takes care. The halachah is in accordance with R. Yehudah.] And when he consoles others, (when) it is the custom of all the people to pass by one after the other [(For all agree that he may follow the litter of one who is not his kin; for not being preoccupied, he will take care to avoid contact with the litter. And when they return from burial and stand in a file to console the mourners, who stand in their halts, and each one says: "Be consoled by Heaven")], the memunah (the "appointed one") [the adjutant high-priest, who is appointed to substitute for the high-priest if he becomes unfit on Yom Kippur] positions him in the middle between himself and the people. [For the memunah walks to the right of the high-priest, and all the people to his left, so that the high-priest is found to be in the middle.] And when he is consoled by others, all the people say to him: "We are your atonement" [i.e., You will receive atonement through us, and we are in your place for all that should come upon you], and he says to them: "Be blessed by Heaven!" And when they give him the mourner's meal, [for a mourner is forbidden to eat the first meal of his own food, and his kin and friends provide it for him], everyone sits on the ground [constricting themselves, and mourning for his suffering], and he sits [in (regard for his) dignity] on a bench.
Bartenura on Mishnah Sanhedrin
כהן גדול. אינו יוצא אחר המטה – Perhaps he would come to touch [the corpse] in the midst of his troubles. And the All-Merciful One said (Leviticus 21:11): “He shall not go where there is any dead body.”
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English Explanation of Mishnah Sanhedrin
Introduction
Mishnah one contains with special rules regarding the High Priest.
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Bartenura on Mishnah Sanhedrin
הן נכסין והוא נגלה – since those who carry the bier are covered from the entrance to a group of buildings/alleyway that is to say, when they left him; he was revealed and went inside within, but all the while that they were revealed and appeared in the alleyway, he was covered from them and did not enter into their midst.
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English Explanation of Mishnah Sanhedrin
This mishnah can be divided into three basic sections: 1) the High Priest’s relationship to the court; 2) the High Priest’s ability to perform halitzah (the release of the widow from the obligation to marry the levir, her dead husband’s brother) and levirate marriage; 3) the High Priest’s participation in the mourning ritual.
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Bartenura on Mishnah Sanhedrin
ויוצא עמהן עד פתח העיר – that in the city were found alleyways and he can cover himself from them, but outside of the city, there is no recognition.
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English Explanation of Mishnah Sanhedrin
The High Priest can judge and be judged; he can testify and others can testify against him. The High Priest is treated like a normal person with regards to the laws of the court. As we shall see in mishnah two, this is not true with regards to the king.
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Bartenura on Mishnah Sanhedrin
שנאמר: "ומן המקדש לא יצא" – Rabbi Yehuda expounds [on the verse – Leviticus 21:12]: “He shall not go outside the sanctuary,” at all. And Rabbi Meir expounds that he shall not leave from his holiness, that is, he should be careful that he not come in contact [with the bier] and within the city there are alleys where there is recognition and he is careful. And the Halakha is according to Rabbi Yehuda.
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English Explanation of Mishnah Sanhedrin
He can perform halitzah for another’s wife and others can perform halitzah for his wife or contract levirate marriage with his widow, but he cannot contract levirate marriage since he is forbidden to marry a widow. The High Priest is basically the same as any other person with regards to the laws of levirate marriage. If he should die without children, his wife must either marry his brother or his brother must perform halitzah for her. If his brother should die without children he must perform halitzah for his wife. He cannot, however, contract levirate marriage with her since he is in general prohibited from marrying a widow (Lev. 21:14).
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Bartenura on Mishnah Sanhedrin
וכשהוא מנם את אחרים – that is of a dead person that is not his (family), everyone admits that he is able to go and not go to the trouble that he won’t come in contact [with the bier]. And when they return from the graves and stand in a line to comfort the mourners and all the people pass one after another and comfort the mourner who stands at his standing post [to receive the consolation of the others in attendance] , and everyone says to him: “May you be comforted from Heaven.”
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English Explanation of Mishnah Sanhedrin
If any of his near kin die he may not follow after the bier, rather when the bearers are not visible, he is visible, when they are visible he is not visible, and he may go out with them as far as the city gate, according to Rabbi Meir. Rabbi Judah says, “He may not leave the Temple, as it says, “Nor shall he go out of the Sanctuary”. And when he comforts other mourners the custom is for all of the people to pass by, the one after the other, while the appointed [priest] stands between him and the people. And when he receives comfort from others, all the people say to him, “Let us be your atonement”, and he says to them, “May you be blessed by Heaven.” When they feed him the funeral meal all the people sit around on the ground and he sits on a stool. The High Priest is severely restricted with regards to his participation in the rituals of burial. Since contact with the dead causes impurity the High Priest cannot even participate in the burying of his own immediate family (unlike a regular priest who may) (see Lev. 21:10-12). According to Rabbi Meir, the High Priest is allowed to semi-secretly participate in the burial procession, up until they leave the city gates of Jerusalem (people were not buried within the city confines). Rabbi Judah states that he may not even participate this much, since the Torah states that he may not leave the Sanctuary at all. If the High Priest needs to participate in the comforting of mourners he may do so, but the “appointed” priest would come in between him and the other people. According to the Rambam this is to show the honor due to the High Priest, that he shouldn’t be just a part of the crowd. When others comfort him they say, “Let us be your atonement”. It seems to me that this is to assuage the sense of guilt that the High Priest must feel since he was not able to participate in the burying of his own dead. When he comforts others he should give them a blessing. When he is fed the traditional funeral meal which would normally be eaten by the mourner while sitting close to the ground, the rest of the people must sit on the ground. This fulfills two functions: 1) he retains a higher status than them; 2) they are able to participate in his sorrow and grief.
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Bartenura on Mishnah Sanhedrin
הממונה – he is the deputy [High Priest] , who is appointed to serve in place of the High Priest, lest something occur to him that would make the High Priest unfit for service on Yom Kippur.
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Bartenura on Mishnah Sanhedrin
והממונה מנצעו – who walks to the right of the High Priest and all the people are to his left, so that the High Priest is in the middle.
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Bartenura on Mishnah Sanhedrin
אנו כפרתך – though us you will be forgiven – you and we under you for all that is appropriate to come upon you.
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Bartenura on Mishnah Sanhedrin
וכשמברין אותו – for a mourner is forbidden to eat the first meal of his own [possessions], but his relatives and loved ones/friends feed him.
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Bartenura on Mishnah Sanhedrin
מסובין על הארץ – they distress themselves and mourn in his grief/pain.
