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Onen: Difference between revisions
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# Most say that tashimish hamitah is prohibited for an onen, and that is the custom.<ref>Although Tur Y.D. 341 quotes the Ritz Gayes as permitting, the Gemara indicates that it is prohibited, and that is how Ramban and the Baalei HaTosafos quote, and is implied to be the psak of the Rama in Y.D. 341:5</ref> | # Most say that tashimish hamitah is prohibited for an onen, and that is the custom.<ref>Although Tur Y.D. 341 quotes the Ritz Gayes as permitting, the Gemara indicates that it is prohibited, and that is how Ramban and the Baalei HaTosafos quote, and is implied to be the psak of the Rama in Y.D. 341:5</ref> | ||
==Exemption from Mitzvot== | ==Exemption from Mitzvot== | ||
# An onen is exempt from doing any mitzvah,<ref>Gemara Brachos 17b and Moed Katan 23b, Rambam (Hilchot Avel 4:6), Mishna Brurah 71:4. Rabbeinu Yonah to Rif Brachos 10b mentions the possibility that an onen is only | # An onen is exempt from doing any mitzvah,<ref>Gemara Brachos 17b and Moed Katan 23b, Rambam (Hilchot Avel 4:6), Mishna Brurah 71:4. Rabbeinu Yonah to Rif Brachos 10b mentions the possibility that an onen is only exempt from mitzvos requiring special intent, such as [[Shema]] and [[Tefillah]], but this opinion has not been accepted. The Shvut Yakov 7 and Chazon Ish OC 15:3 explain that the exemption from mitzvot when one isn't actively involved in the burial is only rabbinic and the rabbis are able to exempt a person from passively fulfilling mitzvot (Yevamot 90a). </ref> either because he is considered preoccupied with the mitzvah of burying his relative<ref>Cf. Rashi to Brachos 17b s.v. "mi shemeiso" and Toras HaOlah "Inyan Aninus." Levush Y.D. 341 writes that even a relative who is not actively involved in taking care of the burial is still mentally preoccupied enough to apply the principle of עוסק במצוה פטור מן המצוה.</ref> or out of respect for the deceased.<ref>Yerushalmi Brachos 3:1, Tosfos Brachos 17b. This is the explanation preferred by Chachmas Adam 157:5. Shevet Yehuda 341:1 proves from the rishonim that we hold like this approach. See, however, the Chazon Ish OC 15:3's questions on Shulchan Aruch based on his understanding that we hold the approach of the preoccupation with the burial. Am Mordechai (Brachot p. 53) addresses these questions.</ref> | ||
# Most poskim believe that an onen would not count towards a [[Minyan]].<ref>Gilyon Maharsha to Shulchan Aruch Y.D. 341, Pitchei Teshuva 341:14, Beer Heitev Shulchan Aruch O.C. 55, Shevus Yaakov 25. The Peri Chadash to O.C. 55 | # Most poskim believe that an onen would not count towards a [[Minyan]].<ref>Gilyon Maharsha to Shulchan Aruch Y.D. 341, Pitchei Teshuva 341:14, Beer Heitev Shulchan Aruch O.C. 55, Shevus Yaakov 25. The Peri Chadash to O.C. 55 indicates that an onen who is not actively involved in the burial would count towards the minyan based on Shulchan Aruch 71:1.</ref> | ||
# An onen may not decide on his own to perform mitvzos even if (s)he wants to do so<ref>This is the opinion of the Yerushalmi, as quoted by Tosfos Brachos 18a, against the implication of Rashi there, both of which are quoted in Shulchan Aruch Y.D. 341:1. However, Mishnah Berurah O.C. 78:7 understands the Shulchan Aruch's actual opinion to be like the Yerushalmi. If aninus is derabanan (which is almost certainly the case after nightfall of the day of death), then perhaps one would still be obligated in mitzvos that would be actively violated, see Kovetz HeAros Yevamos #69 and Pri Megadim's Pesicha Koleles 2:28. The Noda BiYhudah believes that the onen is allowed to count [[Sefirat HaOmer]] in order so as not to lose out on counting the whole sefirah, and R. Shlomo Kluger (Sefer HaChayim no. 71) uses similar reasoning to say that an onen is permitted to recite Kiddush Levanah if others are taking care of the burial.</ref> | # An onen may not decide on his own to perform mitvzos even if (s)he wants to do so<ref>This is the opinion of the Yerushalmi, as quoted by Tosfos Brachos 18a, against the implication of Rashi there, both of which are quoted in Shulchan Aruch Y.D. 341:1. However, Mishnah Berurah O.C. 78:7 understands the Shulchan Aruch's actual opinion to be like the Yerushalmi. If aninus is derabanan (which is almost certainly the case after nightfall of the day of death), then perhaps one would still be obligated in mitzvos that would be actively violated, see Kovetz HeAros Yevamos #69 and Pri Megadim's Pesicha Koleles 2:28. The Noda BiYhudah believes that the onen is allowed to count [[Sefirat HaOmer]] in order so as not to lose out on counting the whole sefirah, and R. Shlomo Kluger (Sefer HaChayim no. 71) uses similar reasoning to say that an onen is permitted to recite Kiddush Levanah if others are taking care of the burial.</ref> | ||
# An onen is exempt from all [[brachot]], and can therefore eat without making any [[Birchot]] HaNehenin. <ref>The Rash MeShantz (Mishna Damai 1:4 s.v. UMazminin Alav) implies that an onen is obligated to say [[brachot]] for himself but may not exempt others, although his position is against that of Rashi and Tosfos to Brachos 18a. The Mishna Brurah 71:4 paskens that an onen is exempt from all [[brachot]].</ref> | # An onen is exempt from all [[brachot]], and can therefore eat without making any [[Birchot]] HaNehenin. <ref>The Rash MeShantz (Mishna Damai 1:4 s.v. UMazminin Alav) implies that an onen is obligated to say [[brachot]] for himself but may not exempt others, although his position is against that of Rashi and Tosfos to Brachos 18a. The Mishna Brurah 71:4 paskens that an onen is exempt from all [[brachot]].</ref> | ||
# An onen is permitted to wear his tallit kattan as usual, but should not make a bracha on it.<ref>Minchas Shelomo 1:91:25</ref> | # An onen is permitted to wear his tallit kattan as usual, but should not make a bracha on it.<ref>Minchas Shelomo 1:91:25</ref> | ||
# If a person became an onen for the entire duration of a certain tefillah is he exempt from that tefillah altogether and isn't obligated to say any tashlumin. It isn't like someone who forgot to daven and can say tashlumin since the onen was totally exempt.<Ref>Shulchan Aruch Y.D. 341:2</ref> | # If a person became an onen for the entire duration of a certain tefillah is he exempt from that tefillah altogether and isn't obligated to say any tashlumin. It isn't like someone who forgot to daven and can say tashlumin since the onen was totally exempt.<Ref>Shulchan Aruch Y.D. 341:2</ref> | ||
# Some say that a person who became an onen after the time for [[Shacharit]] or [[Mincha]] began and didn’t yet pray is obligated to pray a [[Tashlumin]]<ref> Mishna Brurah 71, Magen Giborim and Derech HaChaim</ref> although some argue.<ref>Yad Efrayim (Aninut 29), Birkei Yosef 341:17, Chachmat Shlomo | # Some say that a person who became an onen after the time for [[Shacharit]] or [[Mincha]] began and didn’t yet pray is obligated to pray a [[Tashlumin]]<ref> Mishna Brurah 71, Magen Giborim and Derech HaChaim</ref> although some argue.<ref>Yad Efrayim (Aninut 29), Birkei Yosef 341:17, Chachmat Shlomo 71, and Sh”t Shevet HaLevi 6:11 hold that one is exempt from [[Tashlumin]].</ref> | ||
===Making Up Mitzvot After Aninut=== | ===Making Up Mitzvot After Aninut=== | ||
# If a person was an onen until after the first four hours of the day, according to Ashkenazim, he may not recite birchot hashachar besides birchot hatorah, shelo asani goy, shelo asani eved, and shelo asani isha.<ref>Mishna Brurah 71:1</ref> According to Sephardim he can still recite birchot hashachar.<ref>Chazon Ovadia (Aveilut v. 1 p. 138)</ref> | # If a person was an onen until after the first four hours of the day, according to Ashkenazim, he may not recite birchot hashachar besides birchot hatorah, shelo asani goy, shelo asani eved, and shelo asani isha.<ref>Mishna Brurah 71:1</ref> According to Sephardim he can still recite birchot hashachar.<ref>Chazon Ovadia (Aveilut v. 1 p. 138)</ref> | ||
===Particular Mitzvot=== | ===Particular Mitzvot=== | ||
# An onen is exempt from positive mitzvot but can't violate any negative mitzvot. There is also a discussion about the fact that an onen can not violate prohibitions, whether that applies to all prohibitions stated as negative commandments or only ones which are avoided passively.<ref>Chazon Ovadia (Aveilut v. 1 p. 148) quotes the following discussion. The Hagahot Ittim Lbinah (p. 197) posits that the onen is can not violate prohibitions which are avoided passively but not prohibitions which would require activity. The basic reason for this position is because chazal wanted to exempt an onen from mitzvot in order to free him up in order to respectfully bury the relative. Therefore, they exempted him from any mitzvah-related activity but still required him to passively fulfill mitzvot. Aruch Hashulchan 341 agrees. However, the Peni Mabin YD 2:253 argues that certainly an onen is obligated in all negative commandments even if that would require an activity. For example, he concludes that an onen must get rid of his chametz before pesach since owning chametz is a negative commandment. See the talk page for a longer discussion of this topic.</ref> | |||
# A onen who wants to eat bread shouldn't recite hamotzei but should wash netilat yadayim without a bracha and it is proper to also wash mayim achronim.<ref> The Gemara Brachot 17b establishes that an onen doesn't recite any bracha. Rashi explains that it includes hamotzei. Chazon Ovadia (Aveilut v. 1 p. 143) quotes many achronim who follow the opinion of rashi. | # A onen who wants to eat bread shouldn't recite hamotzei but should wash netilat yadayim without a bracha and it is proper to also wash mayim achronim.<ref> The Gemara Brachot 17b establishes that an onen doesn't recite any bracha. Rashi explains that it includes hamotzei. Chazon Ovadia (Aveilut v. 1 p. 143) quotes many achronim who follow the opinion of rashi. | ||
* Birkei Yosef 341:5 writes that the onen must wash netilat yadayim since it isn't just a mitzvah, it is an establishment of the rabbis that it is forbidden to eat bread without washing. Just like an onen may not violate any Biblical prohibition he can't violate any rabbinic prohibition either. The Shevet Yehuda 341:6 disagrees. Firstly, he argues, netilat yadayim is fundamentally a mitzvah and secondly, chazal exempted an onen from actively doing mitzvot, even though there's a prohibition to eat without netilat yadayim since it is considered passive not to wash before eating bread he is exempt. Shulchan Gavoha 341:11 agrees. Chazon Ovadia (Aveilut v. 1 p. 143) agrees with the Birkei Yosef. | * Birkei Yosef 341:5 writes that the onen must wash netilat yadayim since it isn't just a mitzvah, it is an establishment of the rabbis that it is forbidden to eat bread without washing. Just like an onen may not violate any Biblical prohibition he can't violate any rabbinic prohibition either. The Shevet Yehuda 341:6 disagrees. Firstly, he argues, netilat yadayim is fundamentally a mitzvah and secondly, chazal exempted an onen from actively doing mitzvot, even though there's a prohibition to eat without netilat yadayim since it is considered passive not to wash before eating bread he is exempt. Shulchan Gavoha 341:11 agrees. Chazon Ovadia (Aveilut v. 1 p. 143) agrees with the Birkei Yosef. | ||
* Pitchei Teshuva 341:4 quotes the Chamudei Doniel that an onen should wash netilat yadayim and mayim achronim. Chazon Ovadia (v. | * Pitchei Teshuva 341:4 quotes the Chamudei Doniel that an onen should wash netilat yadayim and mayim achronim. Chazon Ovadia (v. | ||
1 p. 149) cites a dispute about this and concludes that it is proper to wash mayim achronim.</ref> | 1 p. 149) cites a dispute about this and concludes that it is proper to wash mayim achronim.</ref> | ||
# An onen on Motzei Shabbat doesn't recite havdalah, and even though usually you can't eat before havdalah an onen can even without havdalah.<ref>Mordechai (Moed Katan no. 930) and Hagahot Maimoniyot (Avel 4:5) quoting the Maharam, Shulchan Aruch 341:2</ref> | # An onen on Motzei Shabbat doesn't recite havdalah, and even though usually you can't eat before havdalah an onen can even without havdalah.<ref>Mordechai (Moed Katan no. 930) and Hagahot Maimoniyot (Avel 4:5) quoting the Maharam, Shulchan Aruch 341:2. Chazon Ovadia (Aveilut v. 1 p. 146) cites the Maharshag 2:57 who explains that since the prohibition to eat before havdalah stems from the mitzvah to perform havdalah, an onen who is exempt from havdalah has no prohibition to eat before havdalah. </ref> | ||
# Some poskim hold that an onen on Chol Hamoed can't eat outside a sukkah, while others hold that he can. According to Sephardim, an onen doesn’t need to eat in the sukkah.<ref> | # Some poskim hold that an onen on Chol Hamoed can't eat outside a sukkah, while others hold that he can. According to Sephardim, an onen doesn’t need to eat in the sukkah.<ref> | ||
* (a) Since an onen is exempt from all mitzvot it follows that he doesn’t have to eat in the sukkah. However, the Pri Megadim E"A 640:10 isn’t sure about this since the onen can’t violate prohibitions and it would be a prohibition to eat outside the sukkah. The Bikkurei Yakov 640:19 argues that eating outside of a Sukkah is considered passively not fulfilling the mitzvah of sukkah. Mishna Brurah 640:31 quotes this dispute and doesn't resolve it. Rav Ovadia Yosef (Chazon Ovadia Aveilut v. 1 p. 145) quotes Rav Avraham Min Hahar as a proof for the Bikkurei Yakov. | * (a) Since an onen is exempt from all mitzvot it follows that he doesn’t have to eat in the sukkah. However, the Pri Megadim E"A 640:10 isn’t sure about this since the onen can’t violate prohibitions and it would be a prohibition to eat outside the sukkah. The Bikkurei Yakov 640:19 argues that eating outside of a Sukkah is considered passively not fulfilling the mitzvah of sukkah. Mishna Brurah 640:31 quotes this dispute and doesn't resolve it. Rav Ovadia Yosef (Chazon Ovadia Aveilut v. 1 p. 145) quotes Rav Avraham Min Hahar as a proof for the Bikkurei Yakov. | ||
