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]

Aninut on Yom Tov or Chol Hamoed

  1. If a person's relative dies on Chol Hamoed he is in the state of aninut.[16]
  2. If a person's relative dies on Yom Tov and even the second day of Yom Tov since he doesn't plan to do the burial on Yom Tov he isn't in the state of aninut. [17]

Aveilut on Yom Tov

  1. If someone's relative died during a Yom Tov or Chol Hamoed, Yom Tov doesn't cancel shiva rather aveilut is observed privately on Yom Tov and Chol Hamoed and shiva is actively observed after the Yom Tov and Chol Hamoed.[18] Therefore, tashmish and bathing are forbidden. Some say that learning torah is permitted even though it is usually forbidden during shiva.[19] He should wear normal Yom Tov clothing and not change his seat in shul.[20]
    1. For example, if someone's relative died on the 3rd day of Chol Hamoed Pesach, private aveilut begins after the burial, the shiva begins after Pesach, and shloshim begins immediately.[21]
  2. If someone's relative died during a Yom Tov or Chol Hamoed, even though the shiva doesn't start until after the Yom Tov and Chol Hamoed, shloshim does start.[22]
  3. If someone is in shloshim on Yom Tov he must observe the laws of shloshim such as not cutting his nails, wearing newly ironed white clothing, or joining in meals with friends.[23]

Aveilut on Second Day of Yom Tov

  1. If a person died on the second day of Yom Tov and they did the burial that day the minhag is that no aveilut is observed that day.[24]
  2. If a person's relative died on the second day of Rosh Hashana and they did the burial that day aveilut is not observed that day.[25] The practice today is not to do burials on the second day of Yom Tov.[26]

Laws of the Delayed Shiva

  1. If shiva began after the Yom Tov then after seven days passed from the day of the death it is permitted to have work done by other people even though normally that is forbidden during shiva.[27]
  2. If burial occurred on Chol Hamoed if there is a loss the mourner can do melacha himself and if there's no loss the mourner can have others do melacha outside of his house.[28]
  3. Outside Israel, if shiva is pushed off until after Yom Tov it is only observed for six days after Yom Tov since the second day of Yom Tov counts towards the shiva even though we don't observe Aveilut on Yom Tov.[29] Even the second day of Rosh Hashana counts towards the aveilut.[30]

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.
  16. ↑ Shulchan Aruch OC 548:5
  17. ↑ Shulchan Aruch OC 548:5, Igrot Moshe YD 3:161
  18. ↑ Shulchan Aruch YD 399:1-2, Shulchan Aruch OC 548:1
  19. ↑ Shulchan Aruch OC 548:4. Mishna Brurah 548:16 explains that private aveilut on Yom Tov includes not bathing and tashmish. Pitchei Teshuva YD 399:1 quotes the Daat Esh 7 who permits learning Torah on Yom Tov when aveilut is observed privately since the reason a mourner can't learn is because he should be sad and Torah gladdens a person, however, on Yom Tov there is a mitzvah to be happy. Mishna Brurah 548:16 quotes it as a dispute whether learning is permitted. However, Mishna Brurah writes that it isn't correct for the mourner to get an aliya when he's observing aveilut privately on Yom Tov.
    • The Rosh Moed Katan 3:36 establishes that even though tashmish is forbidden on Yom Tov when he is mourning, yichud is permitted. Rama YD 399:2 codifies the Rosh.
  20. ↑ Mishna Brurah 548:15
  21. ↑ Shulchan Aruch YD 399:1-2
  22. ↑ Shulchan Aruch OC 548:1
  23. ↑ Shulchan Aruch YD 399:1
  24. ↑ Bahag Hilchot Avel writes that since the second day of Yom Tov is only rabbinic and the first day of aveilut is biblical if they do the burial on the second day of Yom Tov aveilut is observed that day. This is also the opinion of the Rif Moed Katan 11b and Rambam Aveilut 10:9. Tosfot Brachot 48b argue that even if aveilut is biblical still the individual's mitzvah doesn't override the mitzvah of simcha on Yom Tov which applies to everyone. Furthermore, Tosfot Moed Katan 14b writes that aveilut is only rabbinic. Therefore, Rosh Moed Katan 3:3 and 27 argues with the Bahag that since aveilut is only rabbinic it is not observed on the second day of Yom Tov. Shulchan Aruch OC 548:3 writes that the halacha follows the Rambam and Rif but in Shulchan Aruch YD 399:13 he writes that the minhag is like the Rosh. Rama OC 548:3 and Rama YD 399:13 follows the Rosh.
  25. ↑ Shulchan Aruch YD 399:13. Rambam Aveilut 10:10 writes that since Rosh Hashana is considered one long day (Beitzah 4b) there is no aveilut on the second day of Rosh Hashana even if the death and burial is on that day. However, the Ramban (Torat Haadam p. 222) argues that since the second day of Rosh Hashana is only rabbinic it should be no different than another Yom Tov Sheni.
  26. ↑ Igrot Moshe OC 3:76
  27. ↑ Shulchan Aruch YD 399:2, Shulchan Aruch OC 548:6
  28. ↑ Rabbenu Yerucham (cited by Bet Yosef 399:2), Rama 399:2
  29. ↑ Shulchan Aruch YD 399:2, Shulchan Aruch OC 548:2. Bahag Hilchot Avel writes that since the second day of Yom Tov is only rabbinic it counts towards the shiva even though we don't observe aveilut on that day. Rosh Moed Katan 3:3, Rif Moed Katan 11b, and Rambam Aveilut 10:9 agree.
  30. ↑ Mishna Brurah 548:8.
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