A Kohen That Killed Someone Accidentally Can He Say Birkat Kohanim

The Gemara BeraKhot (32b) Rav Yokhanan says any Kohen that has killed someone cannot do Birkat Kohanim as it says in the Navi "your hands are full of blood" (referring to Dovid Hamelekh's request to build the Bet Hamikdash and Hashem replied that it's not proper for him to build a house of peace through hands that have killed and are full of blood).

Nov 30, 2022 - 20:17
Dec 1, 2022 - 08:44
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The Rambam and the Shulhan Arukh add that even if the Kohen killed by mistake he still cannot do the Birkat Kohanim. 

Question: What if the Kohen does Teshuva will this now allow him to do Birkat Kohanim? 

Answer: The Rambam and Shulhan Arukh say even if he does Teshuva this is not grounds to be able to start doing Birkat Kohanim again (because Teshuva will not change the fact that his hands killed and are full of blood, and it would not be proper for the hands that killed to now bless because the "prosecutor cannot become the advocate"). [The opinion of the Rama is that Teshuva is enough to allow him to do Birkat Kohanim again (because there is nothing that stands in the way of Teshuva, and to encourage him to do teshuva)]

Question: How about if the kohen killed inadvertently would he be able to do Birkat Kohanim or does this also disqualify him?

First we should define what is called "by mistake" and what is "inadvertently". By mistake is considered if for example he was speeding and "by mistake" killed someone. Inadvertently would be if he was adhering to the speed limit and all traffic rules, and someone jumped suddenly in front of his car, and there was no way to avoid killing the person to no fault of his own.

Answer: The Ben Ish Khai in his Sefer Rav Pe'alim Volume 3 says that if the Kohen killed inadvertently then he will be permitted to do Birkat Kohanim once he has thought about doing Teshuva. The reason for this is because now he has a Safek Sfeka (one doubt on top of another). One Safek is, maybe when he does Teshuva in a case of "by mistake" it is enough to allow him to do Birkat kohanim again like the opinion of the Rama, and the other Safek is that maybe this case of inadvertence is a lot less strict because he behaved properly and there was nothing he could do to avoid what happened. Therefore, the combination of the two doubts can allow us to be more lenient and if he were to think about doing Teshuva it would suffice.

Conclusion: According to the Sefardim if a Kohen killed "by mistake" then he can no longer do Birkat kohanim even if he does Teshuva. However according to the ashkenazim if the Kohen does Teshuva he will be able to do Birkat kohanim again. 

But if the Kohen killed "inadvertently" then even according to the Sefaradim doing Teshuva will allow him to do Birkat Kohanim again. 

Written by Rabbi Yitzchak Abitbol

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