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Aveilut on Yom Tov: Difference between revisions

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==Aveilut on Yom Tov==
==Aveilut on Yom Tov==
# 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.<ref>Shulchan Aruch YD 399:1-2, Shulchan Aruch OC 548:1</ref> Therefore, tashmish and bathing are forbidden. Some say that learning torah is permitted even though it is usually forbidden during shiva.<ref>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.
# 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.<ref>Shulchan Aruch YD 399:1-2, Shulchan Aruch OC 548:1</ref>  
* 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.</ref> He should wear normal Yom Tov clothing and not change his seat in shul.<ref>Mishna Brurah 548:15</ref>
## 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.<ref>Shulchan Aruch YD 399:1-2</ref>
## 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.<ref>Shulchan Aruch YD 399:1-2</ref>
# 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.<ref>Shulchan Aruch OC 548:1</ref>
# 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.<ref>Shulchan Aruch OC 548:1</ref>
# 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.<ref>Shulchan Aruch YD 399:1</ref>
# 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.<ref>Shulchan Aruch YD 399:1</ref>
==Private Aveilut on Yom Tov==
# If someone is in aveilut on Yom Tov, tashmish and bathing are forbidden. Some say that learning torah is permitted even though it is usually forbidden during shiva.<ref>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.</ref> He should wear normal Yom Tov clothing and not change his seat in shul.<ref>Mishna Brurah 548:15</ref>
# It is permitted to get an aliyah on simchat torah otherwise it would be considered a display of public mourning on yom tov.<ref>Gesher Hachaim 1:23:3:7</ref>
==Aveilut on Second Day of Yom Tov==
==Aveilut on Second Day of Yom Tov==
# 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.<ref> 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.</ref>
# 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.<ref> 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.</ref>