Shloshim: Difference between revisions

From Halachipedia
 
(5 intermediate revisions by the same user not shown)
Line 1: Line 1:
==Completion of Shloshim==
==Completion of Shloshim==
# Shloshim is considered completed on right after Netz on the thirtieth day.<ref>Tur and Shulchan Aruch 395:1</ref>
# Shloshim is considered completed on right after Netz on the thirtieth day.<ref>Tur and Shulchan Aruch 395:1</ref>
# If the thirtieth day is Shabbat then for the minhag not to bathe during shloshim it is permitted already on Friday.<ref>Rama YD 400:2</ref>
# Similarly, if the thirtieth day is Shabbat for the minhag not to sit in one's regular seat in Shul it is permitted on Friday night.<ref>Rama YD 400:2</ref>
==Yom Tov Canceling Shloshim==
# If the aveilut began seven days or more before Yom Tov then Yom Tov cancels the shloshim. Even if the seventh day of shiva is Erev Yom Tov, the shiva is complete in the morning of the seventh day and the Yom Tov cancels shloshim and it is permitted to shave that day.<ref>Moed Katan 19b, Shulchan Aruch YD 399:3, Shulchan Aruch O.C. 548:8</ref> Ashkenazim only permit doing laundry, bathing, and shaving close to the Yom Tov except on Erev Peasch in which case it is preferable before midday.<ref>Rama YD 399:3</ref> For someone who is mourning a parent and the Yom Tov comes and cancels Sholoshim whether he should be allowed to shave or take a haircut without reaching the level of others telling him to cut his hair is a dispute and we should be strict.<ref> Yabia Omer YD 1:25, [https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]. Yabia Omer notes Mishna Brurah 648:34 which seems contrary to this but explains that there is a scribal error in it.</ref>
# If the eighth day of aveilut is Erev Yom Tov but it is a Shabbat then Yom Tov cancels shloshim and on the seventh day of aveilut prior to Shabbat it is permitted to shave.<ref>Moed Katan 19b, Shulchan Aruch Y.D. 399:3, Shulchan Aruch O.C. 548:8</ref>
# If the seventh day of shiva is Erev Yom Tov but it is a Shabbat then Yom Tov cancels shloshim but it is forbidden to shave prior to Shabbat since Friday is only the sixth day of shiva.<ref>Moed Katan 17b, Shulchan Aruch Y.D. 399:3, Shulchan Aruch OC 548:8</ref>
==Going to a Festive Meal==
==Going to a Festive Meal==
# It is forbidden for a mourner within the first 30 days of mourning to go to any meal of friends.<ref>Gemara Moed Katan 22b states that during shloshim it is forbidden to go to a meal of friends unless there is a rotation of those who have meals together and it is the mourner's turn to pay it back. This is codified by Tur and Shulchan Aruch YD 391:2.</ref>
# It is forbidden for a mourner within the first 30 days of mourning to go to any meal of friends.<ref>Gemara Moed Katan 22b states that during shloshim it is forbidden to go to a meal of friends unless there is a rotation of those who have meals together and it is the mourner's turn to pay it back. This is codified by Tur and Shulchan Aruch YD 391:2.</ref>
# During shloshim it is forbidden to go to a meal which includes dancing and music since it is considered festive.<ref>The Masechet Semachot 9:15 states that it is permitted for a mourner within 12 months for a parent to go to a festive meal for a mitzvah. There is a dispute if this leniency applies to other relatives within 30 days. The Raavad understood that this only permitted after shloshim and within 12 months. The Ramban however argues that it applies to a mourner other than for a parent within shloshim. The Rama quotes the opinion of the Raavad. The Shach, therefore, explains that for all relatives it is only permitted to go to a festive meal for a mitzvah after shloshim. Yet, the Bach argues that we should permit for mourners other than for a parent within shloshim. Rabbi Akiva Eiger and the Dagul Mirvavah agree. Badei Hashulchan 391 isn't certain how we hold. </ref> Every wedding is considered festive. A brit milah is also considered festive.<ref>Shulchan Aruch and Rama 391:2</ref>
# During shloshim it is forbidden to go to a meal which includes dancing and music since it is considered festive.<ref>The Masechet Semachot 9:15 states that it is permitted for a mourner within 12 months for a parent to go to a festive meal for a mitzvah. There is a dispute if this leniency applies to other relatives within 30 days. The Raavad understood that this only permitted after shloshim and within 12 months. The Ramban however argues that it applies to a mourner other than for a parent within shloshim. The Rama quotes the opinion of the Raavad. The Shach, therefore, explains that for all relatives it is only permitted to go to a festive meal for a mitzvah after shloshim. Yet, the Bach argues that we should permit for mourners other than for a parent within shloshim. Rabbi Akiva Eiger and the Dagul Mirvavah agree. Badei Hashulchan 391 isn't certain how we hold. </ref> Every wedding is considered festive. A brit milah is also considered festive.<ref>Shulchan Aruch and Rama 391:2</ref>
# During shloshim it is permitted for the avel to host a mitzvah seudah if he is the baal simcha as long as there is no singing, music, or dancing. For example, it is permitted to for him to make a festive meal if he is making a siyum. It is permitted to host a bar mitzvah meal on the day one's son becomes a bar mitzvah or on another day if the child makes a drasha. It is permitted to host a shalom zachar for one's son.<ref>The Nemukei Yosef (Moed Katan 14a s.v. al) writes that Masechet Semachot which permitted going to a meal during aveilut was referring to a mitzvah meal that doesn't include simcha. Trumat Hadeshen 268 writes that going to a milah or pidyon haben is permitted for an avel during shloshim since the baby is in pain from the milah so there isn't simcha. Based on the Trumat Hadeshen the Rama YD 391:2 writes that it is permitted for an avel within shloshim to go to a meal that doesn't have simcha. However, the Rama adds that the minhag is not to go to any meal within 12 months for a parent or shloshim for another relative. The Gilyon Maharsha 391 quotes the Knesset Hagedola who writes that a siyum, bar mitzvah, seuda for a shidduch, shalom zachar, and a chinuch habayit are considered a seudat mitzvah. Shach 246:27 permitted a mourner within 12 months to go to a siyum. The Badei Hashulchan 391:28-9 writes that according to the Rama's minhag one may not go to any seudah of a mitzvah unless one is the baal hasimcha such as he is the one who made the siyum, his son's bar mitzvah, and his son's shalom zachar as long as there is no singing, music, or dancing.</ref>
# During shloshim it is permitted for the avel to host a mitzvah seudah if he is the baal simcha as long as there is no singing, music, or dancing. For example, it is permitted to for him to make a festive meal if he is making a [[Siyum Masechet]]. It is permitted to host a bar mitzvah meal on the day one's son becomes a bar mitzvah or on another day if the child makes a drasha. It is permitted to host a shalom zachar for one's son.<ref>The Nemukei Yosef (Moed Katan 14a s.v. al) writes that Masechet Semachot which permitted going to a meal during aveilut was referring to a mitzvah meal that doesn't include simcha. Trumat Hadeshen 268 writes that going to a milah or pidyon haben is permitted for an avel during shloshim since the baby is in pain from the milah so there isn't simcha. Based on the Trumat Hadeshen the Rama YD 391:2 writes that it is permitted for an avel within shloshim to go to a meal that doesn't have simcha. However, the Rama adds that the minhag is not to go to any meal within 12 months for a parent or shloshim for another relative. The Gilyon Maharsha 391 quotes the Knesset Hagedola who writes that a siyum, bar mitzvah, seuda for a shidduch, shalom zachar, and a chinuch habayit are considered a seudat mitzvah. Shach 246:27 permitted a mourner within 12 months to go to a siyum. The Badei Hashulchan 391:28-9 writes that according to the Rama's minhag one may not go to any seudah of a mitzvah unless one is the baal hasimcha such as he is the one who made the siyum, his son's bar mitzvah, and his son's shalom zachar as long as there is no singing, music, or dancing.</ref>
# It is permitted for a mourner within shloshim to go to a melava malka fundraising meal if there will be no music.<ref>Badei Hashulchan 391:30. Maharam Shik YD 368 suggested that if one's intent isn't to listen to the music it is permitted to play music as an avel since it is like a dvar sheino mitchaven and since music is a type of prohibition that is only if you benefit, additionally music won't cheer up an avel but only make him more sad, and lastly it is a pesik reisha with a derabbanan prohibition. He concludes that his calculation must not be correct. Badei Hashulchan 391:3 biurim s.v. lo yichnos explains why he believes that this idea is incorrect. Since in the end of the day he is going to listen to music we can't employ the idea of an unintentional act. The main prohibition is the result of listening to music and not the action. In Badei Hashulchan 391:30 he applies this logic to forbid going to a melava malka where there will be music and one's intent won't be to listen to the music. </ref>
# It is permitted for a mourner within shloshim to go to a melava malka fundraising meal if there will be no music.<ref>Badei Hashulchan 391:30. Maharam Shik YD 368 suggested that if one's intent isn't to listen to the music it is permitted to play music as an avel since it is like a dvar sheino mitchaven and since music is a type of prohibition that is only if you benefit, additionally music won't cheer up an avel but only make him more sad, and lastly it is a pesik reisha with a derabbanan prohibition. He concludes that his calculation must not be correct. Badei Hashulchan 391:3 biurim s.v. lo yichnos explains why he believes that this idea is incorrect. Since in the end of the day he is going to listen to music we can't employ the idea of an unintentional act. The main prohibition is the result of listening to music and not the action. In Badei Hashulchan 391:30 he applies this logic to forbid going to a melava malka where there will be music and one's intent won't be to listen to the music. </ref>


Line 10: Line 18:
# The minhag is for a mourner not to sit in his own seat in shul for shloshim and for a parent for 12 months.<ref> The Tur 393 quotes the Masechet Semachot that a mourner needs to change his seat for the second week when he returns to shul. The Hagahot Maimoniyot (responsa Avel 20) writes that Ri didn't return to his seat until after the third week since otherwise he wouldn't be able to speak regularly. The Darkei Moshe 393:5 suggests that based on this, the minhag was not to return to one's regular seat until after shloshim and for a parent until after 12 months. He also quotes the Maharil who supports the minhag for another reason. The Rama 393:3 therefore quotes the minhag.</ref> Instead he should pick another seat at least 4 amot from his original seat.<ref>Pitchei Teshuva 393:7 quoting the Chamudei Doniel</ref>
# The minhag is for a mourner not to sit in his own seat in shul for shloshim and for a parent for 12 months.<ref> The Tur 393 quotes the Masechet Semachot that a mourner needs to change his seat for the second week when he returns to shul. The Hagahot Maimoniyot (responsa Avel 20) writes that Ri didn't return to his seat until after the third week since otherwise he wouldn't be able to speak regularly. The Darkei Moshe 393:5 suggests that based on this, the minhag was not to return to one's regular seat until after shloshim and for a parent until after 12 months. He also quotes the Maharil who supports the minhag for another reason. The Rama 393:3 therefore quotes the minhag.</ref> Instead he should pick another seat at least 4 amot from his original seat.<ref>Pitchei Teshuva 393:7 quoting the Chamudei Doniel</ref>
# According to Sephardim one doesn't change his seat on Shabbat so as not to publicize his mourning.<ref>Shulchan Aruch 393:4, Birkei Yosef 393:4 citing the Arizal, Chazon Ovadia (Aveilut v. 3 p. 87)</ref> However, Ashkenazim change their seats even for Shabbat.<ref>Nemukei Yosef (b”b 49a), Rama 393:4, Shach 393:7</ref>
# According to Sephardim one doesn't change his seat on Shabbat so as not to publicize his mourning.<ref>Shulchan Aruch 393:4, Birkei Yosef 393:4 citing the Arizal, Chazon Ovadia (Aveilut v. 3 p. 87)</ref> However, Ashkenazim change their seats even for Shabbat.<ref>Nemukei Yosef (b”b 49a), Rama 393:4, Shach 393:7</ref>
==Gifts==
#Regarding Mishloach Manot see [[Mourning_and_Fasting_on_Chanukah_and_Purim]].
# It is forbidden to give a gift to a mourner in 12 months for a mourner for a parent or another mourner in Shloshim.<ref>Rama Y.D. 385:3, Chazon Ovadia Aveilut v. 2 p. 252</ref>


==Sources==
==Sources==
<references/>
<references/>

Latest revision as of 14:30, 17 September 2021

Completion of Shloshim

  1. Shloshim is considered completed on right after Netz on the thirtieth day.[1]
  2. If the thirtieth day is Shabbat then for the minhag not to bathe during shloshim it is permitted already on Friday.[2]
  3. Similarly, if the thirtieth day is Shabbat for the minhag not to sit in one's regular seat in Shul it is permitted on Friday night.[3]

Yom Tov Canceling Shloshim

  1. If the aveilut began seven days or more before Yom Tov then Yom Tov cancels the shloshim. Even if the seventh day of shiva is Erev Yom Tov, the shiva is complete in the morning of the seventh day and the Yom Tov cancels shloshim and it is permitted to shave that day.[4] Ashkenazim only permit doing laundry, bathing, and shaving close to the Yom Tov except on Erev Peasch in which case it is preferable before midday.[5] For someone who is mourning a parent and the Yom Tov comes and cancels Sholoshim whether he should be allowed to shave or take a haircut without reaching the level of others telling him to cut his hair is a dispute and we should be strict.[6]
  2. If the eighth day of aveilut is Erev Yom Tov but it is a Shabbat then Yom Tov cancels shloshim and on the seventh day of aveilut prior to Shabbat it is permitted to shave.[7]
  3. If the seventh day of shiva is Erev Yom Tov but it is a Shabbat then Yom Tov cancels shloshim but it is forbidden to shave prior to Shabbat since Friday is only the sixth day of shiva.[8]

Going to a Festive Meal

  1. It is forbidden for a mourner within the first 30 days of mourning to go to any meal of friends.[9]
  2. During shloshim it is forbidden to go to a meal which includes dancing and music since it is considered festive.[10] Every wedding is considered festive. A brit milah is also considered festive.[11]
  3. During shloshim it is permitted for the avel to host a mitzvah seudah if he is the baal simcha as long as there is no singing, music, or dancing. For example, it is permitted to for him to make a festive meal if he is making a Siyum Masechet. It is permitted to host a bar mitzvah meal on the day one's son becomes a bar mitzvah or on another day if the child makes a drasha. It is permitted to host a shalom zachar for one's son.[12]
  4. It is permitted for a mourner within shloshim to go to a melava malka fundraising meal if there will be no music.[13]

Changing Seats in Shul

  1. The minhag is for a mourner not to sit in his own seat in shul for shloshim and for a parent for 12 months.[14] Instead he should pick another seat at least 4 amot from his original seat.[15]
  2. According to Sephardim one doesn't change his seat on Shabbat so as not to publicize his mourning.[16] However, Ashkenazim change their seats even for Shabbat.[17]

Gifts

  1. Regarding Mishloach Manot see Mourning_and_Fasting_on_Chanukah_and_Purim.
  2. It is forbidden to give a gift to a mourner in 12 months for a mourner for a parent or another mourner in Shloshim.[18]

Sources

  1. ↑ Tur and Shulchan Aruch 395:1
  2. ↑ Rama YD 400:2
  3. ↑ Rama YD 400:2
  4. ↑ Moed Katan 19b, Shulchan Aruch YD 399:3, Shulchan Aruch O.C. 548:8
  5. ↑ Rama YD 399:3
  6. ↑ Yabia Omer YD 1:25, Rav Schachter (Piskei Corona #23). Yabia Omer notes Mishna Brurah 648:34 which seems contrary to this but explains that there is a scribal error in it.
  7. ↑ Moed Katan 19b, Shulchan Aruch Y.D. 399:3, Shulchan Aruch O.C. 548:8
  8. ↑ Moed Katan 17b, Shulchan Aruch Y.D. 399:3, Shulchan Aruch OC 548:8
  9. ↑ Gemara Moed Katan 22b states that during shloshim it is forbidden to go to a meal of friends unless there is a rotation of those who have meals together and it is the mourner's turn to pay it back. This is codified by Tur and Shulchan Aruch YD 391:2.
  10. ↑ The Masechet Semachot 9:15 states that it is permitted for a mourner within 12 months for a parent to go to a festive meal for a mitzvah. There is a dispute if this leniency applies to other relatives within 30 days. The Raavad understood that this only permitted after shloshim and within 12 months. The Ramban however argues that it applies to a mourner other than for a parent within shloshim. The Rama quotes the opinion of the Raavad. The Shach, therefore, explains that for all relatives it is only permitted to go to a festive meal for a mitzvah after shloshim. Yet, the Bach argues that we should permit for mourners other than for a parent within shloshim. Rabbi Akiva Eiger and the Dagul Mirvavah agree. Badei Hashulchan 391 isn't certain how we hold.
  11. ↑ Shulchan Aruch and Rama 391:2
  12. ↑ The Nemukei Yosef (Moed Katan 14a s.v. al) writes that Masechet Semachot which permitted going to a meal during aveilut was referring to a mitzvah meal that doesn't include simcha. Trumat Hadeshen 268 writes that going to a milah or pidyon haben is permitted for an avel during shloshim since the baby is in pain from the milah so there isn't simcha. Based on the Trumat Hadeshen the Rama YD 391:2 writes that it is permitted for an avel within shloshim to go to a meal that doesn't have simcha. However, the Rama adds that the minhag is not to go to any meal within 12 months for a parent or shloshim for another relative. The Gilyon Maharsha 391 quotes the Knesset Hagedola who writes that a siyum, bar mitzvah, seuda for a shidduch, shalom zachar, and a chinuch habayit are considered a seudat mitzvah. Shach 246:27 permitted a mourner within 12 months to go to a siyum. The Badei Hashulchan 391:28-9 writes that according to the Rama's minhag one may not go to any seudah of a mitzvah unless one is the baal hasimcha such as he is the one who made the siyum, his son's bar mitzvah, and his son's shalom zachar as long as there is no singing, music, or dancing.
  13. ↑ Badei Hashulchan 391:30. Maharam Shik YD 368 suggested that if one's intent isn't to listen to the music it is permitted to play music as an avel since it is like a dvar sheino mitchaven and since music is a type of prohibition that is only if you benefit, additionally music won't cheer up an avel but only make him more sad, and lastly it is a pesik reisha with a derabbanan prohibition. He concludes that his calculation must not be correct. Badei Hashulchan 391:3 biurim s.v. lo yichnos explains why he believes that this idea is incorrect. Since in the end of the day he is going to listen to music we can't employ the idea of an unintentional act. The main prohibition is the result of listening to music and not the action. In Badei Hashulchan 391:30 he applies this logic to forbid going to a melava malka where there will be music and one's intent won't be to listen to the music.
  14. ↑ The Tur 393 quotes the Masechet Semachot that a mourner needs to change his seat for the second week when he returns to shul. The Hagahot Maimoniyot (responsa Avel 20) writes that Ri didn't return to his seat until after the third week since otherwise he wouldn't be able to speak regularly. The Darkei Moshe 393:5 suggests that based on this, the minhag was not to return to one's regular seat until after shloshim and for a parent until after 12 months. He also quotes the Maharil who supports the minhag for another reason. The Rama 393:3 therefore quotes the minhag.
  15. ↑ Pitchei Teshuva 393:7 quoting the Chamudei Doniel
  16. ↑ Shulchan Aruch 393:4, Birkei Yosef 393:4 citing the Arizal, Chazon Ovadia (Aveilut v. 3 p. 87)
  17. ↑ Nemukei Yosef (b”b 49a), Rama 393:4, Shach 393:7
  18. ↑ Rama Y.D. 385:3, Chazon Ovadia Aveilut v. 2 p. 252
Retrieved from "http://localhost:80/index.php?title=Shloshim&oldid=30109"