Laws and Customs of a Funeral: Difference between revisions
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==The Mitzvah of Burial== | ==The Mitzvah of Burial== | ||
# There is a mitzvah to bury a dead body on the day of the death.<ref>Rambam (Sefer Hamitzvot Aseh no. 231), Sefer HaChinuch no. 537, Ramban (Devarim 21:22). The Gemara Sanhedrin 46b derives from the pasuk that there is a | # There is a mitzvah to bury a dead body on the day of the death.<ref>Rambam (Sefer Hamitzvot Aseh no. 231), Sefer HaChinuch no. 537, Ramban (Devarim 21:22). The Gemara Sanhedrin 46b derives from the pasuk that there is a biblical mitzvah to bury the deceased whether he was killed by the Bet Din as the pasuk is discussing or anyone else. </ref> There is also a prohibition to leave a corpse unburied.<ref>Sanhedrin 46b, Shulchan Aruch YD 362:1</ref> | ||
# Even if a person requests not to spend his money on his burial we bury him from his assets and if he has none we still bury him.<ref>Shulchan Aruch YD 348:2 and 3</ref> | # Even if a person requests not to spend his money on his burial we bury him from his assets and if he has none we still bury him.<ref>Shulchan Aruch YD 348:2 and 3</ref> | ||
# Someone who hastens the process of the burial is praiseworthy except for a parent a child may not rush the burial as doing so is disrespectful.<ref>Moed Katan 22a, Shulchan Aruch YD 357:2, Chazon Ovadia (Aveilut v. 1 p. 300)</ref> | # Someone who hastens the process of the burial is praiseworthy except for a parent a child may not rush the burial as doing so is disrespectful.<ref>Moed Katan 22a, Shulchan Aruch YD 357:2, Chazon Ovadia (Aveilut v. 1 p. 300)</ref> | ||
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# A woman whose husband died and got remarried doesn't observe aveilut for her first husband if they move the skeleton of her first husband.<Ref>Pitchei Teshuva YD 403:2 citing Chatom Sofer 355</ref> | # A woman whose husband died and got remarried doesn't observe aveilut for her first husband if they move the skeleton of her first husband.<Ref>Pitchei Teshuva YD 403:2 citing Chatom Sofer 355</ref> | ||
==Benefiting from a Corpse== | ==Benefiting from a Corpse== | ||
# It is forbidden to benefit from a corpse. Most poskim assume that this is a | # It is forbidden to benefit from a corpse. Most poskim assume that this is a biblical prohibition<ref>Tosfot Bava Kama 10a, Rashba Bava Kama 10a, Ramban Vayikra 11:3, Rashba Teshuva 1:364, and Lechem Mishna 14:21 all assume that the prohibition to benefit from a corpse is biblical. However, the Mishna Lmelech Avel 14:21 end of s.v. vraaiyti (1) suggests that perhaps the Rambam Maachalot Asurot 2:3 holds it is only a rabbinic prohibition.</ref> and applies to a Jew and non-Jew alike.<ref>The Rashba Teshuva 1:365 rejects the position of the questioner that a non-Jewish corpse is permitted for benefit. He seems to conclude that it is just as forbidden to benefit from a non-Jewish corpse as it is for a Jewish corpse. Shulchan Aruch YD 349:1 rules like the Rashba.</ref> Some rishonim hold that it doesn't apply to a non-Jew but the halacha is that it does apply to a non-Jew.<ref>Gra YD 349 cites the Tosfot Bava Kama 10a and Rashba who hold that it doesn't apply to a non-Jew. Pitchei Teshuva 349:1 quotes the Avnei Shoham who says that it is only a biblical prohibition to benefit from a Jewish dead body but a rabbinic prohibition to benefit from a non-Jewish dead body.</ref> | ||
# Jewelry on a dead person at the time of death isn't forbidden to benefit from unless it was attached to them such as a gold tooth. However, a ring or bracelet is permitted.<ref>The Gemara Erchin 7b cites a dispute between Rav and Rav Nachman Bar Yitzchak whether hair of a corpse is forbidden. Rav holds it is. Additionally, Rav holds that a wig which is tied to a woman's hair is also forbidden. The Tur YD 349 holds like Rav, while the Rambam Avel 14:21 rules that hair is permitted. Tosfot Bava Kama 10a agrees with the Rambam. Lechem Mishna 14:21 explains that the Rambam ruled like Rav Nachman. Shulchan Aruch YD 349:1 rules like the Tur. Rama clarifies that jewelry that is tied to the corpse at the time of death is forbidden. The Bear Heitiv cites the Bach who is more stringent and even if the jewelry is pinned onto the body it is also forbidden. The Pitchei Teshuva YD 349 quotes the Bechor Shor who says that it would seem that a tight ring would be forbidden according to the Bach. However, he thinks that we can be lenient since there are many rishonim who hold like Rav Nachman, including Tosfot and the Rambam. Also it isn't clear that we should extend the halacha of the gemara from a wig to jewelry. Lastly, the Rama thinks that as long as the jewelry isn't tied onto the body we can be lenient.</ref> | # Jewelry on a dead person at the time of death isn't forbidden to benefit from unless it was attached to them such as a gold tooth. However, a ring or bracelet is permitted.<ref>The Gemara Erchin 7b cites a dispute between Rav and Rav Nachman Bar Yitzchak whether hair of a corpse is forbidden. Rav holds it is. Additionally, Rav holds that a wig which is tied to a woman's hair is also forbidden. The Tur YD 349 holds like Rav, while the Rambam Avel 14:21 rules that hair is permitted. Tosfot Bava Kama 10a agrees with the Rambam. Lechem Mishna 14:21 explains that the Rambam ruled like Rav Nachman. Shulchan Aruch YD 349:1 rules like the Tur. Rama clarifies that jewelry that is tied to the corpse at the time of death is forbidden. The Bear Heitiv cites the Bach who is more stringent and even if the jewelry is pinned onto the body it is also forbidden. The Pitchei Teshuva YD 349 quotes the Bechor Shor who says that it would seem that a tight ring would be forbidden according to the Bach. However, he thinks that we can be lenient since there are many rishonim who hold like Rav Nachman, including Tosfot and the Rambam. Also it isn't clear that we should extend the halacha of the gemara from a wig to jewelry. Lastly, the Rama thinks that as long as the jewelry isn't tied onto the body we can be lenient.</ref> | ||
#Some have a minhag not to use the shoes of someone who died.<ref>Sefer Chasidim 454. Yabia Omer YD 3:5 quotes some who are lenient if the shoes weren't on his feet when he was sick or died.</ref> | #Some have a minhag not to use the shoes of someone who died.<ref>Sefer Chasidim 454. Yabia Omer YD 3:5 quotes some who are lenient if the shoes weren't on his feet when he was sick or died.</ref> | ||
