Shiva - Revision history

Bchernigoff: Edited grammar

2024-08-18T18:04:07Z

Edited grammar

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	==Who and For Whom Does One "Sit Shiva"==		==Who and For Whom Does One "Sit Shiva"==
	# There are seven relatives for whom one is obligated to mourn: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref>Shulchan Aruch Y.D. 374:4. The Rambam in Hilchos Avel 2:1 considers the obligation of mourning for a spouse to be Midivreihem, which most (cf. Lechem Mishnah there) assume to mean that it is derabanan (although this is not the understanding of the Kesef Mishnah there). Ramban, however, in Toras HaAdam (Chavel ed.) page 213 believes that it must be deoraisa. Additionally, Ramban writes (to Vayikra 21:3) that mourning for one's married sister, or a married sister mourning for her brother, is only derabanan.</ref> One who is not biologically related to the deceased 'relative' is not obligated to mourn for them.<ref>Thus, an adopted child, strictly speaking, does not need to mourn for his/her parents. However, some have the practice to do so anyway out of respect and gratitude for their adopted parents. Pischei Teshuvah 374:3 writes that one should mourn for his/her step-parent.</ref>		# There are seven relatives for whom one is obligated to mourn: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref>Shulchan Aruch Y.D. 374:4. The Rambam in Hilchos Avel 2:1 considers the obligation of mourning for a spouse to be Midivreihem, which most (cf. Lechem Mishnah there) assume to mean that it is derabanan (although this is not the understanding of the Kesef Mishnah there). Ramban, however, in Toras HaAdam (Chavel ed.) page 213 believes that it must be deoraisa. Additionally, Ramban writes (to Vayikra 21:3) that mourning for one's married sister, or a married sister mourning for her brother, is only derabanan.</ref> One who is not biologically related to the deceased 'relative' is not obligated to mourn for them.<ref>Thus, an adopted child, strictly speaking, does not need to mourn for his/her parents. However, some have the practice to do so anyway out of respect and gratitude for their adopted parents. Pischei Teshuvah 374:3 writes that one should mourn for his/her step-parent.</ref>
	# A ger (convert) is not obligated to mourn for his relatives.<ref>~~Rama 391~~:~~1, against the opinion of the Mordechai in Maseches Semachos~~</ref>		# A ger (convert) is not obligated to mourn for his relatives.<ref>S.A 374:5 and Shach 374:4. </ref>
	# The Rabbis decreed that one whose immediate relative (i.e. one of the seven described above) is in mourning should also act as if he himself is in mourning, as long as he is in the presence of his mourning relative.<ref>Gemara Moed Kattan 20b, Shulchan Aruch 376:6. See Tosfos there regarding one's spouse's relative</ref> Today, however, ~~some believe~~ that this rule is no longer in effect.<ref>Hagahos Maimoni Avel 2:2 writes that the mourners can forgo this right to have their relatives mourn with them, and so the Rama in 376:6 writes that it is assumed that today everyone relinquishes this right.</ref>		# The Rabbis decreed that one whose immediate relative (i.e. one of the seven described above) is in mourning should also act as if he himself is in mourning, as long as he is in the presence of his mourning relative.<ref>Gemara Moed Kattan 20b, Shulchan Aruch 376:6. See Tosfos there regarding one's spouse's relative</ref> Today, however, Rama believes that this rule is no longer in effect.<ref>Hagahos Maimoni Avel 2:2 writes that the mourners can forgo this right to have their relatives mourn with them, and so the Rama in 376:6 writes that it is assumed that today everyone relinquishes this right.</ref>
	# Generally speaking, one does not mourn for a deceased person who has rebelled against Judaism,<ref>Sanhedrin 47a, Shulchan Aruch Y.D. 304:5 and Shach 304:8 (applying the Rosh and Mordechai Moed Kattan 886) that even one who sinned only for pleasure, but repeatedly, is also excluded from being mourned), </ref> or one who ~~committed~~ suicide,<ref>Maseches Semachos 2:1, Shluchan Aruch Y.D. 345:1, against the opinion of Ramban in Toras HaAdam pg. 83</ref> ~~although~~ there are many possible exceptions to this rule, so every case must be determined by a qualified posek.<ref>cf. Chasam Sofer Sh"T Y.D. 326, Ritva Avodah Zarah 18a, Birkei Yosef Y.D. 341:2, Kol Bo Aveilus 1:4:3:39, Yabia Omer vol. 2, no. 24 miluim 15</ref>		# Generally speaking, one does not mourn for a deceased person who has rebelled against Judaism,<ref>Sanhedrin 47a, Shulchan Aruch Y.D. 304:5 and Shach 304:8 (applying the Rosh and Mordechai Moed Kattan 886) that even one who sinned only for pleasure, but repeatedly, is also excluded from being mourned), </ref> or one who intentionally commits suicide (meabaid atzmo l'daat),<ref>Maseches Semachos 2:1, Shluchan Aruch Y.D. 345:1, against the opinion of Ramban in Toras HaAdam pg. 83</ref>. However, there are many possible exceptions to this rule, so every case must be determined by a qualified posek.<ref>cf. Chasam Sofer Sh"T Y.D. 326, Ritva Avodah Zarah 18a, Birkei Yosef Y.D. 341:2, Kol Bo Aveilus 1:4:3:39, Yabia Omer vol. 2, no. 24 miluim 15</ref>
	# One does not mourn for a baby born prematurely who dies within thirty days of its birth, although there is considerable debate regarding how to determine "premature" in this context.<ref>Cf. Niddah 44b, Shulchan Aruch Y.D 374:8, Rama E.H. 156:4</ref>		# One does not mourn for a baby born prematurely who dies within thirty days of its birth, although there is considerable debate regarding how to determine "premature" in this context.<ref>Cf. Niddah 44b, Shulchan Aruch Y.D 374:8, Rama E.H. 156:4</ref>
	# Children under bar mitzvah are not taught to observe aveilus. <ref>Derisha quoted in Taz 340:15 writes that in fact a child should be taught to observe aveilus, as the Gemara (Moed Kattan 26b) indicates that he should be taught to tear keriyah on the deceased. However, Dagul Merevavah there writes that there is no aveilus for children, and this is the common practice.</ref>		# Children under bar mitzvah are not taught to observe aveilus. <ref>Derisha quoted in Taz 340:15 writes that in fact a child should be taught to observe aveilus, as the Gemara (Moed Kattan 26b) indicates that he should be taught to tear keriyah on the deceased. However, Dagul Merevavah there writes that there is no aveilus for children, and this is the common practice.</ref>

YitzchakSultan1: /* Bathing */

2024-08-14T18:26:19Z

Bathing

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	# If someone has two relatives pass away in succession and has to observe aveilut straight for longer than 7 days, after the first 7 days he may bathe immediately.<ref>Shulchan Aruch YD 381:4, Badei Hashulchan 381:34</ref>		# If someone has two relatives pass away in succession and has to observe aveilut straight for longer than 7 days, after the first 7 days he may bathe immediately.<ref>Shulchan Aruch YD 381:4, Badei Hashulchan 381:34</ref>
	# If someone will be in a lot of pain if he doesn't shower he may shower during shiva but not everyone is in this category.<ref>Shulchan Aruch YD 381:3</ref>		# If someone will be in a lot of pain if he doesn't shower he may shower during shiva but not everyone is in this category.<ref>Shulchan Aruch YD 381:3</ref>
			# It is forbidden for a woman who is in shiva to go to the [[Mikvaot\|mikveh]]<ref>Shulchan Aruch 381:5</ref> and also a man who regularly goes to mikveh for davening may not go during shiva.<ref>Chazon Ovadia (Aveilut v. 2 p. 159), Badei Hashulchan 381:18</ref> However, during shloshim, it is permitted for a niddah, for a man who regularly goes every day for davening or every week for Shabbat to go to the mikveh.<ref>Rama 381:5, Badei Hashulchan 381:18</ref>
			# A woman may prepare herself for [[Hefsek Tahara and Shiva Nekiyim\|hefsek tahara]] before shiva nekiyim during shiva by washing that area and between her legs even with hot water.<ref>Even though the Rama 381:5 doesn't allow this washing to prepare for the hefsek tahara during shiva except during shloshim, the Shach 381:3 and Taz 381:2 quote the Masat Binyamin who allows washing that area and between her legs even with hot water during shiva. Badei Hashulchan 381:38 and Chazon Ovadia (Aveilut v. 2 p. 162) agree with the Masat Binyamin.</ref>

			=== Anointing and Deodorant ===
	# It is forbidden for an avel to use soap or anoint oneself with oil except to remove dirt.<ref>Gesher Hachaim 1:21:3:2</ref>		# It is forbidden for an avel to use soap or anoint oneself with oil except to remove dirt.<ref>Gesher Hachaim 1:21:3:2</ref>
	# It is ~~forbidden~~ for ~~a woman who is in shiva~~ to ~~go to the mikveh<ref>Shulchan Aruch 381:5</ref> and also a man who regularly goes to mikveh for davening may not go~~ during shiva.<~~Ref~~>~~Chazon Ovadia~~ (~~Aveilut v~~. ~~2 p~~. ~~159), Badei Hashulchan 381:18<~~/~~ref> However, during shloshim, it is permitted for a niddah, for a man who regularly goes every day for davening or every week for Shabbat to go to the mikveh.<ref>Rama 381:5, Badei Hashulchan 381:18<~~/~~ref>~~		# Some poskim hold that it is permitted for an avel to use deodorant during shiva.<ref>Rav Mordechai Willig ([https://www.yutorah.org/sidebar/lecturedata/1106391/Halachos-of-The-9-Days-and-Tisha-B%E2%80%99Av Hilchos Three Weeks Part 1, min 32])</ref>
	~~# A woman may prepare herself for hefsek tahara before shiva nekiyim during shiva by washing that area~~ and ~~between her legs even with hot water.<ref>Even though the Rama 381:5 doesn't allow this washing to prepare for the hefsek tahara during shiva except during shloshim~~, the Shach 381:3 and Taz 381:2 quote the Masat Binyamin who allows washing that area and between her legs even with hot water during shiva. Badei Hashulchan 381:38 and Chazon Ovadia (Aveilut v. 2 p. 162) ~~agree with the Masat Binyamin.~~</ref>
	===Learning Torah and Getting Aliyot===		===Learning Torah and Getting Aliyot===
	# It is forbidden for a mourner in shiva to learn Torah including Tanach, Mishna, Gemara, Halacha, and Midrash.<ref>Shulchan Aruch YD 384:1</ref> However, it is permitted to learn by himself Iyov, Kinot, the sad parts of Yirmiyahu, and the laws of mourning.<ref>Shulchan Aruch YD 384:4</ref>		# It is forbidden for a mourner in shiva to learn Torah including Tanach, Mishna, Gemara, Halacha, and Midrash.<ref>Shulchan Aruch YD 384:1</ref> However, it is permitted to learn by himself Iyov, Kinot, the sad parts of Yirmiyahu, and the laws of mourning.<ref>Shulchan Aruch YD 384:4</ref>

YitzchakSultan1: /* Sitting on a Chair */

2024-08-14T18:19:27Z

Sitting on a Chair

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	=== Sitting on a Chair ===		=== Sitting on a Chair ===

	# The minhag is for a mourner to sit on a low bench during shiva.<ref>[https://www.yutorah.org/lectures/1106392 Rav Mordechai Willig (Halachos of Three Weeks Part 2, min 61-63)] explains ~~that~~ the minhag ~~is for~~ everyone, even those who are not weak or old sit on a low chair. </ref>		# The minhag is for a mourner to sit on a low bench during shiva.<ref>[https://www.yutorah.org/lectures/1106392 Rav Mordechai Willig (Halachos of Three Weeks Part 2, min 61-63)] explains the minhag that everyone, even those who are not weak or old, sit on a low chair and not on the floor directly. </ref>

	==Tefillin for a Mourner==		==Tefillin for a Mourner==

YitzchakSultan1: /* Laundry */

2024-08-14T18:17:53Z

Laundry

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	===Laundry===		===Laundry===
	# There is a minhag to wear black clothing during the year of aveilut for a parent.<ref>The Maharitz Gayitz (cited by Bet Yosef 345:6) writes that the minhag is that mourners wear black. Rosh (Moed Katan no. 94) and Rambam (Torat Haadam p. 85) agree.</ref> In Israel it isn't the minhag.<ref>Chazon Ovadia (Aveilut v. 3, p. 60). He cites the Radvaz 4:62 who writes the minhag of Egypt was not to wear black.</ref> On Shabbat one should change his clothing to nice non-black clothing.<ref>Ben Ish Chai (Shana Sheniya, Lech Lecha no. 18)</ref>		# There is a minhag to wear black clothing during the year of aveilut for a parent.<ref>The Maharitz Gayitz (cited by Bet Yosef 345:6) writes that the minhag is that mourners wear black. Rosh (Moed Katan no. 94) and Rambam (Torat Haadam p. 85) agree.</ref> In Israel it isn't the minhag.<ref>Chazon Ovadia (Aveilut v. 3, p. 60). He cites the Radvaz 4:62 who writes the minhag of Egypt was not to wear black.</ref> On Shabbat one should change his clothing to nice non-black clothing.<ref>Ben Ish Chai (Shana Sheniya, Lech Lecha no. 18)</ref>

			=== Sitting on a Chair ===

			# The minhag is for a mourner to sit on a low bench during shiva.<ref>[https://www.yutorah.org/lectures/1106392 Rav Mordechai Willig (Halachos of Three Weeks Part 2, min 61-63)] explains that the minhag is for everyone, even those who are not weak or old sit on a low chair. </ref>

	==Tefillin for a Mourner==		==Tefillin for a Mourner==

Unknown user: /* Learning Torah and Getting Aliyot */

2022-01-23T14:09:12Z

Learning Torah and Getting Aliyot

← Older revision		Revision as of 14:09, 23 January 2022
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	# The Sephardic minhag is that the mourner during shiva specifically isn't the shaliach tzibur.<ref>Shulchan Aruch YD 384:3</ref>		# The Sephardic minhag is that the mourner during shiva specifically isn't the shaliach tzibur.<ref>Shulchan Aruch YD 384:3</ref>
	# A child who is in mourning shouldn't be held up from his learning during shiva because there is no chinuch on Aveilut.<ref>Shulchan Aruch YD 384:5, Shach 384:5</ref>		# A child who is in mourning shouldn't be held up from his learning during shiva because there is no chinuch on Aveilut.<ref>Shulchan Aruch YD 384:5, Shach 384:5</ref>
			# If a person's seventh day of Shiva is Shabbat, it is better to wait until the comforters leave and the shiva is complete to do shenayim mikra.<ref>Chazon Ovadia (Avelut v. 2 p. 206)</ref>

	===Leaving the House===		===Leaving the House===
	# During shiva it is forbidden for the mourner to leave the house even to go to shul during the week<ref>Although the Mahari Geyitz (cited by Tur 393:3) held that a mourner can leave his house to go to shul each day, the Raavad and Ramban (p. 217, cited by Bet Yosef 393:3) dispute his opinion. The Shulchan Aruch 393:4 follows the Ramban. Yet, he adds that the Sephardic minhag was to leave the house for kriyat hatorah on Monday and Thursday. Pitchei Teshuva 393:2 cites a dispute between the Chaye Adam (Mesevet Moshe 8) and Magen Avraham 696:8 whether the mourner can leave his house if there won't be a minyan at the shiva house in order to participate in kaddish and kedusha.</ref>, to visit another mourner, or visit the cemetery.<ref>Moed Katan 21b, Tur and Shulchan Aruch 393:1</ref> The reason for this prohibition is that chazal wanted a mourner not to be distracted from the mourning especially with the company of others.<ref>Trumat Hadeshen (responsa 290)</ref>		# During shiva it is forbidden for the mourner to leave the house even to go to shul during the week<ref>Although the Mahari Geyitz (cited by Tur 393:3) held that a mourner can leave his house to go to shul each day, the Raavad and Ramban (p. 217, cited by Bet Yosef 393:3) dispute his opinion. The Shulchan Aruch 393:4 follows the Ramban. Yet, he adds that the Sephardic minhag was to leave the house for kriyat hatorah on Monday and Thursday. Pitchei Teshuva 393:2 cites a dispute between the Chaye Adam (Mesevet Moshe 8) and Magen Avraham 696:8 whether the mourner can leave his house if there won't be a minyan at the shiva house in order to participate in kaddish and kedusha.</ref>, to visit another mourner, or visit the cemetery.<ref>Moed Katan 21b, Tur and Shulchan Aruch 393:1</ref> The reason for this prohibition is that chazal wanted a mourner not to be distracted from the mourning especially with the company of others.<ref>Trumat Hadeshen (responsa 290)</ref>

Unknown user: /* Prohibitions for the Avel */

2022-01-23T14:07:37Z

Prohibitions for the Avel

← Older revision		Revision as of 14:07, 23 January 2022
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	# learning Torah<ref>Gemara Moed Katan 15a forbids learning Torah when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 384:1</ref>		# learning Torah<ref>Gemara Moed Katan 15a forbids learning Torah when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 384:1</ref>
	# greeting others<ref>Gemara Moed Katan 15a forbids greeting others when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 385:1</ref>		# greeting others<ref>Gemara Moed Katan 15a forbids greeting others when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 385:1</ref>
	# Today, the custom is not to turn over the beds or wrap one's head.<ref>Gemara Moed Katan 15a based on Yechezkel 24:17, Shulchan Aruch YD 386:1</ref> The custom is for a mourner to sleep in a bed and not the floor.<ref>Kitzur Shulchan Aruch 211:1, [http://www.hebrewbooks.org/pdfpager.aspx?sits=1&req=31174&st=%u05DC%u05D9%u05E9%u05DF Gesher Hachaim 1:20:10]</ref>		# Today, the custom is not to turn over the beds or wrap one's head.<ref>Gemara Moed Katan 15a based on Yechezkel 24:17, Shulchan Aruch YD 386:1</ref> The custom is for a mourner to sleep in a bed and not the floor.<ref>Kitzur Shulchan Aruch 211:1, [http://www.hebrewbooks.org/pdfpager.aspx?sits=1&req=31174&st=%u05DC%u05D9%u05E9%u05DF Gesher Hachaim 1:20:10], Chazon Ovadia (Avelut v. 2 p. 255)</ref>
	# laundering clothing and wearing freshly laundered clothing<ref>Gemara Moed Katan 15a based on Shmuel II 14:2, Shulchan Aruch YD 389:1</ref>		# laundering clothing and wearing freshly laundered clothing<ref>Gemara Moed Katan 15a based on Shmuel II 14:2, Shulchan Aruch YD 389:1</ref>
	# haircutting and shaving<ref>Gemara Moed Katan 14b learned from the pasuk in Vayikra 10:6. This is codified in Shulchan Aruch YD 380:1</ref>		# haircutting and shaving<ref>Gemara Moed Katan 14b learned from the pasuk in Vayikra 10:6. This is codified in Shulchan Aruch YD 380:1</ref>

Unknown user: /* Completion of Shiva */

2021-01-27T19:46:09Z

Completion of Shiva

← Older revision		Revision as of 19:46, 27 January 2021
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	# A relative who is not accompanying the meis to the place of burial begins the aveilus from the time that (s)he turns away from the meis,<ref>Moed Kattan 22a.</ref> as long as the burial is far enough that those relatives will certainly not make it to the burial.<ref>Shulchan Aruch Y.D. 375:2. Ramban (Toras HaAdam pg. 162, based on Rambam Avel 1:5) writes that this is only the case if the meis is being brought to a faraway city, and according to the Dagul Merevavah to Shach 375:1 is how the Shulchan Aruch paskens. However, the Behag (as quoted by Ramban, ibid.) appears to pasken that the relatives begin aveilus from the time that they turn away regardless of where the burial will be, and the Shulchan Aruch quotes this Behag in Y.D. 399:14. According to the Dagul Merevavah and Chachmas Adam (Matzeves Moshe 9), if the burial occurs in the same city, but a relative turns away from the procession and will certainly not return, such as on erev Yom Tov, this too would be enough to start aveilus.</ref> However, if the burial is being done in the city's cemetery, the aneinus ends without the aveilus beginning until those who were busy with the burial return<ref>Ramabn Toras HaAdam pg. 163, Shulchan Aruch Y.D. 375:2 as interpreted by Aruch Hashulchan 375:8 and paskened by Igros Moshe Y.D. 1:253 and Badei Hashulchan 375:11. However, Radbaz Sh"T 4:63 understands that even according to Ramban, once night falls, or once the relatives can be certain that the burial has occurred, they begin aveilus even if the burial occurred within their city despite not being present at the burial itself. See also Minchas Shelomo 1:91:25 regarding contemporary situations. In some situations, if the head of the family does not accompany the meis to the burial, then even the relatives who have stayed behind begin aveilus only after the burial. See Tosfos Moed Kattan 22a, Shulchan Aruch Y.D. 375:2</ref>		# A relative who is not accompanying the meis to the place of burial begins the aveilus from the time that (s)he turns away from the meis,<ref>Moed Kattan 22a.</ref> as long as the burial is far enough that those relatives will certainly not make it to the burial.<ref>Shulchan Aruch Y.D. 375:2. Ramban (Toras HaAdam pg. 162, based on Rambam Avel 1:5) writes that this is only the case if the meis is being brought to a faraway city, and according to the Dagul Merevavah to Shach 375:1 is how the Shulchan Aruch paskens. However, the Behag (as quoted by Ramban, ibid.) appears to pasken that the relatives begin aveilus from the time that they turn away regardless of where the burial will be, and the Shulchan Aruch quotes this Behag in Y.D. 399:14. According to the Dagul Merevavah and Chachmas Adam (Matzeves Moshe 9), if the burial occurs in the same city, but a relative turns away from the procession and will certainly not return, such as on erev Yom Tov, this too would be enough to start aveilus.</ref> However, if the burial is being done in the city's cemetery, the aneinus ends without the aveilus beginning until those who were busy with the burial return<ref>Ramabn Toras HaAdam pg. 163, Shulchan Aruch Y.D. 375:2 as interpreted by Aruch Hashulchan 375:8 and paskened by Igros Moshe Y.D. 1:253 and Badei Hashulchan 375:11. However, Radbaz Sh"T 4:63 understands that even according to Ramban, once night falls, or once the relatives can be certain that the burial has occurred, they begin aveilus even if the burial occurred within their city despite not being present at the burial itself. See also Minchas Shelomo 1:91:25 regarding contemporary situations. In some situations, if the head of the family does not accompany the meis to the burial, then even the relatives who have stayed behind begin aveilus only after the burial. See Tosfos Moed Kattan 22a, Shulchan Aruch Y.D. 375:2</ref>
	===Completion of Shiva===		===Completion of Shiva===
	# On the seventh day of the mourning after the comforters leave the mourner can get up and that completes the shiva as part of the seventh day is considered like the whole day.<ref>Tur and Shulchan Aruch 395:1. The Tur 395 cites a dispute if we apply the principle of a part of the day counts like the full day at night. The Bet Yosef quotes the Ramban who holds that it does count but the Tosfot, Rosh, and Maharam hold it doesn't count. Shulchan Aruch follows the Maharam.</ref>		# On the seventh day of the mourning after the comforters leave the mourner can get up and that completes the shiva as part of the seventh day is considered like the whole day.<ref>Tur and Shulchan Aruch Y.D. 395:1. The Tur 395 cites a dispute if we apply the principle of a part of the day counts like the full day at night. The Bet Yosef quotes the Ramban (Torat Haadam Shaar Haavel, Inyan Haavelut s.v. amar rav amram n. 82) who holds that it does count but the Tosfot, Rosh, and Maharam hold it doesn't count. Shulchan Aruch follows the Maharam.</ref>
	# If someone dies on Sunday and the shiva is completed on Shabbat, private aveilut is observed on Shabbat until after Shacharit Shabbat morning.<ref>Taz 402:5, Shach 402:4</ref>		# If someone dies on Sunday and the shiva is completed on Shabbat, private aveilut is observed on Shabbat until after Shacharit Shabbat morning.<ref>Taz 402:5, Shach 402:4</ref>

Unknown user: /* Tefillin for a Mourner */

2020-07-20T02:43:27Z

Tefillin for a Mourner

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 ==Tefillin for a Mourner==
-# On the first day of Shiva, if the burial is on the same day as the passing, an Avel may not wear Tefillin, as the first day is most bitter.<ref>
+{{Tefillin_for_a_Mourner}}
 ==Aveilus on Shabbat and Yom Tov==

YitzchakSultan: /* Tefillin for a Mourner */

2020-04-07T15:47:58Z

Tefillin for a Mourner

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	The Shulchan Aruch in Yoreh Deah paskens like the Rosh that the Miktzat HaYom is from Netz, as does the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12).		The Shulchan Aruch in Yoreh Deah paskens like the Rosh that the Miktzat HaYom is from Netz, as does the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12).
	</ref>		</ref>
	# If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the ~~Avel~~ is, in fact, obligated to put on Tefillin, while others firmly believe that he is still forbidden from doing so. According to those who hold one should wear them, one should do so in a closed room without a Beracha.<ref>		# If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the mourner is, in fact, obligated to put on Tefillin, while others firmly believe that he is still forbidden from doing so. According to those who hold one should wear them, one should do so in a closed room without a Beracha.<ref>The Maharitatz (Chiddushim on Eizehu Neshech), quoted by Be'er Heitev (OC 38:5) and Pitchei Teshuvah (YD 388:2) holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's Biblical, which is only when the burial and passing are on the same day. Therefore, when the burial takes place the next day and Avelut is subsequently rabbinic, the Avel is in fact obligated in Tefillin. The Taz (OC 38:3), Dagul Mervava, Birkei Yosef, and Mishnah Brurah disagree and hold that the mourner is exempt from Tefillin the first day.
	The Maharitatz (Chiddushim on Eizehu Neshech, quoted by Be'er Heitev (38:5) and Pitchei Teshuvah (YD 388) ~~famously~~ holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's ~~Min HaTorah~~, which is only when the burial and passing are on the same day. Therefore, when the burial takes place the next day and Avelut is subsequently ~~MiDeRabbanan~~, the Avel is in fact ~~Chayav~~ in Tefillin. The Taz (OC 38:3), ~~and~~ Dagul Mervava, Birkei Yosef, and Mishnah Brurah disagree. ~~<br />~~		* The Acharonim have have a field day taking sides for or against the Maharitatz in this Machloket, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27).
	The Acharonim have have a field day taking sides for or against the Maharitatz in this ~~Machaloket~~, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27). ~~<br />~~		* Among recent Achronim, the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) pasken against the Maharitatz. At the same time, due to the great number of Acharonim who do pasken like the Maharitatz (including R' Yitzchak Elchanan and the Chazon Ish, see Yabia Omer ibid for the full list), Rav Shlomo Zalman Auerbach (Halichot Shlomo: Tefillah, Perek 18, 5), Rav Ovadia Yosef (Yabia Omer ibid), and the Piskei Teshuvot (38, Seif Kattan 6) pasken that one should wear them privately without a Beracha. See Magen Avot (Lebhar, Yoreh Deah volume, Siman 388) where he brings the Moroccan Minhag not like the Maharitatz and claims the rest of the world holds that way, as well.</ref> Among Sephardim the dispute is unresolved,<ref>See above note. Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) hold that the mourner is exempt the first day either way, while Yabia Omer YD 2:27 holds that they are obligated if the day of the death wasn't the same as the day of the burial.</ref> while among Ashkenazim most assume that the mourner is exempt the first day of mourning even in this case.<ref>See above note. Mishna Brurah 38:16. [https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.</ref>
	Among recent ~~Acharonim~~, the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) pasken against the Maharitatz. At the same time, due to the great number of Acharonim who do pasken like the Maharitatz (including R' Yitzchak Elchanan and the Chazon Ish, see Yabia Omer ibid for the full list), Rav Shlomo Zalman Auerbach (Halichot Shlomo: Tefillah, Perek 18, 5), Rav Ovadia Yosef (Yabia Omer ibid), and the Piskei Teshuvot (38, Seif Kattan 6) pasken that one should wear them privately without a Beracha. See Magen Avot (Lebhar, Yoreh Deah volume, Siman 388) where he brings the Moroccan Minhag not like the Maharitatz and claims the rest of the world holds that way, as well.
	* [https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.</ref>
	# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin, so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref>		# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin, so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref>
	# On the second day of Avelut a person should not to put on tefillin until after [[Netz Hachama]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>		# On the second day of Avelut a person should not to put on tefillin until after [[Netz Hachama]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>

YitzchakSultan: /* Tefillin for a Mourner */

2020-04-06T22:05:33Z

Tefillin for a Mourner

← Older revision		Revision as of 22:05, 6 April 2020
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	* [https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.</ref>		* [https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.</ref>
	# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin, so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref>		# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin, so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref>
			# On the second day of Avelut a person should not to put on tefillin until after [[Netz Hachama]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>

	==Aveilus on Shabbat and Yom Tov==		==Aveilus on Shabbat and Yom Tov==