Leviticus 10:4

And Mosheh called unto Mishael and to Elzaphan, the sons of Uzziel the Levite, the relative of Aharon, and said to them, Take your brethren from the sanctuary, and carry them, without the camp.

carry your kin-folk out of the holy place Some say that the incense had been brought to the sacrificial altar, where the Levites could go; others say that it had been brought to the incense-altar, and that Moshe brought the bodies out of the Tent of Assembly.

holy place this was the Courtyard, in view of the camp, as I have explained [9:1].

AND MOSES CALLED MISHAEL AND ELZAPHAN, THE SONS OF UZZIEL THE UNCLE OF AARON, AND SAID UNTO THEM: DRAW NEAR, CARRY YOUR BRETHREN FROM BEFORE THE SANCTUARY OUT OF THE CAMP. I have found written in the Torath Kohanim in the section of the consecration: 38. “Rabbi Eliezer says: the sons of Aaron died outside [the Sanctuary], in a place where the Levites [Mishael and Elzaphan] were permitted to enter, as it is said, So they drew near, and carried them in their tunics. If so, why then does it say, and they died before the Eternal? It was an angel who smote them [Nadab and Abihu] and thrust them out of the Sanctuary [and they did not die until they were outside it]. Rabbi Akiba says: they died inside the Sanctuary, as it is said, and they died before the Eternal. If so, why does it say, So they drew near, and carried them in their tunics [since Levites are not permitted to enter the Sanctuary]? They put iron hooks on them, and dragged them and brought them out of the Sanctuary.” Thus far is the text of the Beraitha, Note 65. and the meaning thereof is as follows: Even though priests are also forbidden to enter the Sanctuary except at the time of Service, this prohibition applies only if they enter it needlessly. But one may enter the Sanctuary in order to remove an uncleanness, or to make Temple repairs. For thus we were taught in the Torath Kohanim: 3:11. “I might think one is not permitted to enter the Sanctuary to make the beaten plates [for a covering of the golden altar, or for the Holy of Holies]; Scripture therefore says, ‘Only’ he shall not go in unto the Veil [the word ‘only’ denoting an exception to the general law]; such is their command: priests may go in there [at any time to make the above repairs]. If there are no priests present, Levites may enter. If there are no [ritually] pure ones [priests or Levites], impure ones may go in. If there are no unblemished ones, blemished ones may enter there.” Now on that day [when Nadab and Abihu died] there were no priests present [who could remove them from the Sanctuary where they had died], since [Aaron and his two remaining sons] were expressly commanded that they should not defile themselves for them. But since it was possible to do it through dragging them out with iron hooks, [Mishael and Elzaphan] were not permitted to enter there. [Such is the opinion of Rabbi Akiba.] But Rabbi Eliezer, who is of the opinion [that an angel thrust Nadab and Abihu out of the Sanctuary, and they died outside, thinks] that since Scripture states of Mishael and Elzaphan, so they drew near, it was outside the Sanctuary [that they died], and therefore he does not say [as does Rabbi Akiba] that they dragged them outside in their tunics. The meaning of the expression in their tunics is that Nadab and Abihu were then dressed in the priestly garments. Moses thus commanded that they carry them out of the camp, and there they should strip them of their priestly garments, and clothe them in burial shrouds, and bury them, as was their custom with other people who died in the desert. After that they purified the sacred garments and they were used by the other priests.

ויקרא משה אל מישאל ואל אלצפן, Torat Kohanim claims that it is clear from here that the brothers of the deceased, being priests, were not allowed to bury him, i.e. to ritually defile themselves on account of the tragedy. This statement is most puzzling, as this is nothing new, and we know from Leviticus 21,1 that priests must not defile themselves. Seeing that both Elazar and Ittamar were not High Priests, why would they be forbidden to bury their brothers seeing that they belonged to the seven closest relatives on whose account they are permitted to defile themselves in such a situation? We must therefore assume that what the author of Torat Kohanim had in mind was that on days when ordinary priests have been appointed to perform service in the Temple, they are considered on the same level of sanctity as a High Priest, and on such days they must not defile themselves even in order to bury one of the seven closest relatives. This is also the opinion of the author of b’chor shor, in his commentary on verse 6, i.e. ראשיכם אל תפרעו, “let not your hair on your head grow loose.” The reason why this rule was revealed on that day was that on that day the brothers of Nadav and Avihu had been appointed to perform duties in the Tabernacle, so that they had become subject to the restrictions applying to their father the High Priest. On ordinary days, ordinary priests do not have to observe the restriction of not letting their hair grow loose. [At the time in question there had been only five priests, Aaron and his four sons. Ed.] Our author feels that the words: כי שמן משחת קודש עליהם, “for the holy anointing oil is upon you,” in the verse following, reinforces the commentary by the author of b’chor shor.