Yom Tov Canceling Aveilut

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Yom Tov Canceling Shiva

  1. If someone dies before Yom Tov and the relatives begin to observe aveilut after the burial or in a case where the aveilut begins since they aren't going to be involved in the burial, then Yom Tov comes and cancels the shiva. However, that is only if the relatives observed an active practice of aveilut before Yom Tov. [1]
  2. If someone dies starts his aveilut on Shabbat such as if the relative heard about the death and burial within seven days and the Yom Tov begins on Motzei Shabbat then observing the laws of aveilut in private on Shabbat counts as an observance of aveilut so that when the Yom Tov comes it cancels shiva.[2]
  3. If the relatives didn't have a chance to observe any practice of aveilut before the Yom Tov, then Yom Tov doesn't cancel shiva and during Yom Tov the relative observes private acts of aveilut. After Yom Tov shiva is observed. During the shiva that begins after Yom Tov he can have others do work for him unlike regular shiva.[3]
  4. If someone's relative died before Yom Tov but they didn't get to observe any aveilut before Yom Tov they have the status of someone whose relative died on Yom Tov. See the next section for details.[4]
  5. If the Yom Tov breaks the shiva it is counted as seven days towards the shloshim. The days of Yom Tov and Chol Hamoed also count towards the shloshim.[5]
  6. If someone was in the middle of shiva when Yom Tov came, Yom Tov cancels the shiva. However, on Erev Yom Tov, according to Sephardim he can't bathe until the night and according to Ashkenazim he can bathe after he davened[6] mincha. He can do laundry on Erev Yom Tov preferably after midday but he can't wear the laundered clothing until Yom Tov begins.[7] According to Ashkenazim he should only do the laundry close to Yom Tov.[8] It is still forbidden to shave until after shloshim.[9] Additionally, sitting on the floor and not wearing leather shoes applies until Yom Tov begins.[10]

Counting towards Shloshim

  1. If someone's relative died on Erev Sukkot and the burial occurred that day and he observed aveilut for a short time, then Sukkot cancels shiva. After Sukkot and Shemini Aseret, there are only nine days of shloshim left since shiva counted as seven days and the Sukkot is seven days and Shemini Aseret counts as seven days. In the Diaspora, there are only eight days of shloshim left since the second day of Shemini Aseret also counts towards shloshim.[11]
  2. If someone's relative died on Erev Pesach and the burial occurred that day and he observed aveilut, then Pesach cancels shiva. After Pesach, there are only sixteen days of shloshim left and in the Diaspora fifteen days left because shiva counts as seven days and Pesach is seven or eight days respectively.[12]
  3. If someone's relative died on Erev Shavuot and the burial occurred that day and he observed aveilut, then Shavuot cancels shiva. After Shavuot, there are only sixteen days of shloshim left and in the Diaspora fifteen days left because shiva counts as seven days and Shavuot counts as seven days like the other holidays and in the Diaspora the second day of Yom Tov also counts towards the shloshim.[13]
  4. If someone's relative died on Erev Rosh Hashana and the burial occurred that day and he observed aveilut, then Rosh Hashana cancels shiva. After Rosh Hashana, Yom Kippur cancels the rest of shloshim.[14]
  5. If someone's relative died on Erev Yom Kippur and the burial occurred that day and he observed aveilut, then Yom Kippur cancels shiva. After Yom Kippur, Sukkot cancels the rest of shloshim.[15]

Sources

  1. ↑ Shulchan Aruch YD 399:1, Shulchan Aruch OC 548:7
  2. ↑ Shulchan Aruch YD 399:1
  3. ↑ Shulchan Aruch YD 399:1
  4. ↑ Shulchan Aruch YD 399:1
  5. ↑ Shulchan Aruch OC 548:7
  6. ↑ Mishna Brurah 548:40
  7. ↑ Shulchan Aruch YD 399:5 and Rama, Shulchan Aruch OC 548:10.
    • Rav Huna the son of Rabbi Yehoshua in Moed Katan 19b said that if Yom Tov cancels shiva it is forbidden to bathe until the nighttime. The Rambam Avel 10:6, Rosh (Moed Katan 3:26), and Rif 11b codify the opinion of Rav Huna. There are three lenient opinions:
    • However, the Hagahot Ashri (Moed Katan 3:26) quotes the Raavan who says that it is permitted to bathe after mincha time and that's the minhag.
    • The Rosh quotes the Raavad as explaining that the reason that bathing is forbidden on Erev Yom Tov is because it is technically permitted to bathe on Yom Tov, however, shaving and laundering which are forbidden on Yom Tov would be permitted on Erev Yom Tov. Bet Yosef writes that even though it isn't clear that the Rambam and Rif agree with the Raavad we follow his opinion but it is preferable to do laundry after midday so that it is clear that it is being done in honor of Yom Tov.
    • The Tosfot (Moed Katan 19b s.v. Asur) quotes Rabbenu Yom Tov as permitting bathing and laundering very close to Yom Tov.
    • The Rama YD 399:5 writes that the minhag follows the opinion of the Raavan to permit bathing after mincha. The Shach 399:16 and Taz 399:5 point out that this is at odds with the Rama 548:10 but nonetheless the minhag is like what he wrote in YD. Mishna Brurah 548:42 agrees but he quotes some who are strict for the mourner to only bathe in cold water.
  8. ↑ Mishna Brurah 548:37
  9. ↑ Mishna Brurah 548:36
  10. ↑ Mishna Brurah 548:39
  11. ↑ Shulchan Aruch OC 548:16, Shulchan Aruch YD 399:11. The Rosh Moed Katan 3:28 writes that since he didn't start to observe the laws of shloshim before Shemini Aseret, the Yom Tov can't cancel the shloshim. Taz 399:6 adds to this explanation.
  12. ↑ Shulchan Aruch OC 548:12, Shulchan Aruch YD 399:7
  13. ↑ Moed Katan 24b, Shulchan Aruch OC 548:13, Shulchan Aruch YD 399:8
  14. ↑ Rabban Gamliel in Moed Katan 19a, Shulchan Aruch OC 548:14, Shulchan Aruch YD 399:9
  15. ↑ Rabban Gamliel in Moed Katan 19a, Shulchan Aruch OC 548:15. Tur YD 399:9 quotes a dispute between the Raavad and Rosh whether we can use the idea of Yom Tov canceling shloshim if another Yom Tov was already involved in canceling that person's shiva. The Raavad says it can't and the Rosh says it can. Shulchan Aruch YD 399:10 rules that it can.
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