1) The Rambam (Hilchos Tumas Tzora’as 11:1) writes: זו קבלה מפי שמועה – “This is a special kabbolah that has been passed down”. The Shu”t Devar Avraham (2:8) explains, that this kabbolah is a halachah l’Moshe m’Sinai. He explains, it’s not going on the fact that the bird must be buried, as the bird is forbidden to benefit from, therefore, it’s obvious that it must be buried. The halachah l’Moshe m’Sinai is going on the fact that it must be buried in front of the metzorah. (See also Chiddushei HaGriz on Temurah 33b).
The Bartenura writes that the bird is buried because it is forbidden to benefit from. However, he doesn’t explain why. Tosfos Yom Tov writes: “The reason it must be buried in front of the metzorah is because of chashad [worry] - we don’t want the metzorah to think that the Kohen ate it”. The bird of the metzorah is forbidden to benefit from. We don’t want the metzorah to accuse the Kohen of eating it, therefore, it is buried in front of the metzorah, and then there is no room to accuse the Kohen of eating it.
Let’s stop for a second. Nowhere do we find that we are worried about the Kohen being accused of eating something which is forbidden to benefit from, why suddenly here are we worried?
Perhaps we can explain as follows: Rabbeinu Yonah (Sha’arei Teshuvah, Sha’ar Rishon, HaIkar 11 ois 36) writes, that when one sins and does teshuvah, even if he has done a complete teshuvah, his soul is still sick from the sin, and he still has an inclination towards that particular sin - therefore, he has to be extra careful. Tzora’as comes because of lashan hara. The Chofetz Chaim says that one of the reasons people speak lashon hara is because they always see the bad of others, and don’t know how to judge people favorably.
A metzorah gets tzoraas because he speaks badly and looks badly at others. Although he has now done teshuvah – he still has this inclination towards judging people badly inside him. Therefore, perhaps specifically by a metzorah we are worried that he may come to judge the Kohen and accuse him of eating the bird which is forbidden to benefit from. Therefore, specifically by the metzorah, the bird is buried in front of him.
The Tiferes Tzion offers another reason for why we specifically bury the bird in front of the metzorah. The Gemara in Arachin (15b) teaches: “Anyone who speaks lashon hara, is fit to be stoned”, however, Hashem has mercy and the bird is slaughtered and buried in the ground instead. We slaughter the bird and bury the bird in the ground in front of the metzorah to show him that really this is what he deserves.
