Q. Dear Rabbi Bartfeld, About a half year ago, I asked you the following Shailah. However, you never got back to me with an answer. At the time, you did say that I should send you an email with the question, but I forgot. So here’s the issue:
I have gentile tenants in two rental properties in which these tenants have the ashes of departed loved ones.
In one building, the tenant has the ashes of her cremated husband. In the other, the tenant has the cremated ashes of his parents.
Years ago, I asked another Rav if I can go into the apartments of these tenants to perform my landlord duties. The Rav said it was OK.
However, as I get older, I’m thinking of downsizing, selling the house, and moving into one of the apartments in one of my buildings.
1. As a Cohen, am I allowed to live in an apartment in a building that houses the ashes of gentile deceased person?
2. Am I obligated to tell the Jewish tenants who also live in these buildings, to let them know that there are cremated ashes of humans in the building?
I’m sure that there are similar situations in large apartment buildings like 120 Shelborne and 3000 Bathurst.
Thank you for your response.
A. See question 2895 regarding owning a columbarium for storing the cremation ashes of the Gentile dead and deriving benefit from them, question 2897 on the obligation to bury those ashes and question 3108 on the Johnson & Johnson Coronavirus vaccine that relies on the use of material derived from human fetal tissue. All those are usually permitted in need. In your case the main issue is Tumah for a Cohen, which does not apply to ashes specially from a Gentile's body.
As far as having to tell tenants, they are themselves likely already aware of it.
Rabbi A. Bartfeld as revised by Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit'a.
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