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FrumToronto

#6 - Does a tooth require a proper Burial?

Question

The dentist took out a broken tooth in 2 parts, I wanted

to keep the "broken tooth", but the dentist put in the garbage, what

does the Halacha say regarding this issue? Thank you.

Answer

The Mishnah in Ohaloth 3-3 mentions that "everything of a dead body is

Tameh with the exception of teeth, hair and nails. But when still attached (to

the body) they are all Tameh".

The Talmud (Berachos 5b) quotes Rabbi Yochanan saying; "this is the bone of

my tenth son", Rashi explains that Rabbi Yohanan had ten sons, all who died in

his lifetime. He would carry with him a bone of the tenth son wrapped in his

shawl as a reminder of his bereavement. (Rashbam explains that he used to

console other mourners and alleviate their suffering by demonstrating that he

had survived a tragedy greater than theirs). As of the problem of carrying an

item that transmits Tumah, and the requirement to bury any bodily part, the

Aruch, Ritvah and Rashbam mention that it was a tooth that fell while alive and

does not transmit Tumah and also does not have to be buried. It is commonly

accepted that if there is no Tumah there is also no need of burial. (see Yehuda

Yaaleh, Yoreh Deah 352 and others). However, there are dissenting opinions,

Birchos Moishe (ibid.) states that burial may be required because of "Bizayon

Hameth" (defilement of the dead) or since it is a "Isur Hanoe"

(prohibition of benefiting from the dead) see Gesher Hachaim 1 ch.16-2. Then

again, that would apply only to a cadavers tooth.

Horav Shlomo Miller Shlita&#146s opinion is that a tooth extracted by a dentist

can be simply discarded, and that is the accepted custom.

It is interesting to point out a responsa of Rav Menashe Klein Shlita

(Mishneh Halachot 16-113) where he quotes a tradition that was common in his

country of birth, that when a child lost a milk tooth his parents would have him

throw the tooth into a mouse&#146s hole and would have him repeat (in Yidish) "Little mouse, little mouse here you have a bone, take a tooth and give me

back iron-strong teeth". He explains this as a form of burial deriving from

their tradition of burying all parts of a human body and not wanting to stress

unnecessarily a small child on things he wouldn&#146t comprehend. He also relates

a story of the Nodah B&#146yehuda, that even though his opinion is that it is

not essential to bury (a tooth), he appeared (after his death) in a dream to his

son, and instructed him to find a lost tooth of his, He miraculously found the

tooth hidden in his fathers bookshelf and buried it on his fathers Kever.

Rabbi A. Bartfeld - revised by Horav Shlomo Miller Shlita

Answered by: Hagaon Rav Shlomo Miller Shlit'a

Published: February 6, 2009

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